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INVITATION TO BID
CITY OF CALEXICO
Bid Documents and Specifications for:
NEW RIVER IMPROVEMENT PROJECT
CALEXICO REACH
Plans and Specifications Prepared by:
Michael Baker International
Approved by:
City Public Works Department
BID OPENING: September 6, 2022 at 2:00p.m. at City Hall PUBLIC WORKS DEPARTMENT – 549 PIERCE AVENUE, CALEXICO, CA 92231 (760)768-2160 www.calexico.ca.gov
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TABLE OF CONTENTS
CITY OF CALEXICO - INVITATION FOR BIDS .............................................................................................................3 BID REQUIREMENTS............................................................................................................................................. 14 GENERAL CONDITIONS......................................................................................................................................... 18 SUPPLEMENTARY GENERAL CONDITIONS (STATE)................................................................................................ 48 TECHNICAL SPECIFICATIONS................................................................................................................................. 58 ADDITIONAL WORK SPECIFICATIONS ................................................................................................................... 59 JOB QUANTITIES AND PROPOSAL BID FORM........................................................................................................ 69 A. SIGNATORY STATEMENT .........................................................................................................................................69 B. JOB QUANTITIES AND BID SCHEDULES .......................................................................................................................69
1. Overall Project Bid Items Schedule ..............................................................................................................71
2. Trash Screen and Diversion Structure Bid Schedule.....................................................................................72
3. Bypass 72-in Pipe Encasement Bid Schedule ...............................................................................................82
4. Pump-Back System Bid Schedule .................................................................................................................86 SUBCONTRACTORS LISTING ................................................................................................................................. 90 NONCOLLUSION AFFIDAVIT ............................................................................................................................... 912 CERTIFICATION OF SITE EXAMINATION.............................................................................................................. 923 CONTRACTOR’S CERTIFICATION OF QUALIFICATION .......................................................................................... 924 CONSTRUCTION AGREEMENT ............................................................................................................................ 956 FAITHFUL PERFORMANCE BOND...................................................................................................................... 1035 LABOR AND MATERIAL BOND.......................................................................................................................... 1046 WARRANTY BOND ........................................................................................................................................... 1057 WORKMEN'S COMPENSATION INSURANCE CERTIFICATE ............................................................................... 10709 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION.................................................................................... 10810 DEBARMENT AND SUSPENSION CERTIFICATION .............................................................................................. 1091 DRUG/ALCOHOL TESTING REQUIREMENTS ...................................................................................................... 1102 CORPORATE CERTIFICATION OR PARTNERSHIP INFORMATION........................................................................ 1113 NOTICE OF AWARD.......................................................................................................................................... 1124 PREVAILING WAGES SCHEDULES...................................................................................................................... 1135 NRIP Calexico Reach -3-
INVITATION TO BID
CITY OF CALEXICO - INVITATION FOR BIDS
NEW RIVER IMPROVEMENT PROJECT - CALEXICO REACH
CITY OF CALEXICO
PUBLIC WORKS DEPARTMENT
CALEXICO, CALIFORNIA 92231
1. GENERAL INFORMATION
The City of Calexico is inviting bids to construct the New River Improvement Project - Calexico Reach, in the City of Calexico.
2. SCOPE OF WORK
The work shall be done in conformance to the City’s final plans and specifications for the Project.
The Project includes four (4) major tasks:
1. Installing a Trash Screen across the New River and building a structural concrete Diversion Structure for the New River at a point approximately 900 feet downstream from the USMexico International Boundary in Calexico. These tasks also entail:
a. Construction of a temporary diversion channel and coffer dam to build the Diversion Structure and Trash Screen.
b. Demolition work and site improvements including grading, erosion control, fencing and installation of two security gates, lighting, and construction of a new paved access road over an existing dirt road.
c. Removal of an existing security screen that is across the New River, between 2nd Street and the International Boundary, just upstream of the proposed location for the Trash Screen and Diversion Structure.
2. Installing approximately 1.5 miles of a 72-inch underground fiberglass reinforced mortar pipe (FRM pipe) to convey via gravity polluted New River water from the Diversion Structure to a point just upstream of where the All-American Canal Siphon goes over the New River. This work also requires:
a. Building an Energy Dissipater at the end of the 72-inch FRM pipe to prevent erosion of the New River channel at the outfall of the 72-inch FRM pipe. b. Construction of a small temporary coffer dam to build the Energy Dissipater.
3. Construction of a Pump-back System to replace the polluted water in the river channel that flows adjacent to City neighborhoods with clean, treated wastewater from the Calexico Wastewater Treatment Plant (WWTP). The Pump-back System consists of a 5.0-million gallons per day sewage pump station and the installation of approximately 4,000 feet of a 16-inch Ductile Iron Pipe (DIP) forcemain.
4. Grading and erosion control of an area just above where the 72-inch FRM pipe outfalls into the River.
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INVITATION TO BID
3. PROJECT PHASES AND CONSTRUCTION SCHEDULE
Bidders shall take notice hereto that (1) in the most-recent Engineer’s Opinion of Probable Project Cost (OPCC) prepared by Michael Baker International (MBI), the Project construction cost is estimated at $32M to $34M; and (2) the City has available only approximately $23,795,000 dollars of State funds for construction of the Project. Further, the City was selected by the State Water Resources Control Board in July 2022 to receive additional funding that would help to complete the construction of the Project.
Based on the OPPC and the current funding available, the City believes that the available funding ($23,795,000) will cover the construction of two key Project components: (1) the Tash Screen and Diversion Structure and (2) the Pump-back System. These two components are intended to be constructed under a “Phase I” of the overall Project. The additional funding is expected to be in place for the City to use for the Project in approximately six (6) months from the date the bidding period closes, but as of the date of this Invitation for Bids, the SWRCB has not informed the City how much in additional funding it will receive. Therefore, the City is proposing to award contract that implements construction of the Project in two (2) Phases, with implementation of Phase II contingent of getting sufficient additional funds from the State. The proposed phases and Project schedule are as follows:
Table 1 - Project Schedule
Phase Project Component(s) Construction Start Date Construction End Date Phase I
Trash Screen and Diversion
Structure (Including Electrical)
Within 30 days from
Notice to Proceed
Within 210 days from start
of construction
(240 days from Notice to
Proceed)
Pump-Back System (Including
Electrical)
Within 30 days from
Notice to Proceed
Within 270 days from start
of construction
(300 days from Notice to
Proceed)
Phase II
72-in Bypass Pipe and Energy
Dissipater Within 90 days from the
Date the City Finalizes its
Additional Funding
Agreement with the State
Within 210 days from date
when City Finalizes its
Additional Funding
Agreement with the State
Grading and Erosion Control of
the Bluff Area at the Western
End of the 72-in Bypass Pipe
Consequently, bidders shall bid the Project in accord with the above-specified Phases so that the City can award the Project construction contract in Phases. However, bidders are made aware that if their Bid for Phase I should exceed the available $23,795,000 in funding, the Bidder will be required to perform the Phase I work into two (2) separate phases (i.e. Phase I.A and Phase I.B), with Phase I.A being construction of the Trash Screen and Diversion Structure and Phase I.B being construction of the Pump-back system. The breakdown of the overall Phase I work shall be provided in Table 5 on Page 77 of the Bid Proposal. Should a bidder become aware that, prior to NRIP Calexico Reach -5-
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the bid submittal deadline, that its bid for Phase I exceeds $23,795,000, Bidder shall in good faith commit resources to the construction of the work in two separate phases. Please refer to the following Subsection 4 for more details on the Project key components and to the “Job Quantities and Proposal Bid Form” for the Bid Schedules.
Figures 1 and 2, below, show the Project’s general location map, the Project’s key components, and the general alignments of the 72-inch FRM pipe and 16-inch DIP forcemain, respectively. All Project work is to be performed pursuant to the City’s final plans and specifications for the Project.
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Figure 1 – Project Location
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Figure 2 – Project Key Components
There are more cut
and fill areas than
just this location.
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4. DESCRIPTION OF PROJECT COMPONENTS
NOTE: All work described herein shall be performed as required by the City’s approved plans and specifications for the Project, which have been prepared for the City by Michael Baker International.
4.1 Trash Screen and Diversion Structure
A rectangular reinforced concrete Diversion Structure shall be constructed within the existing New River channel to divert flows from New River into the bypass encasement (discussed below). The concrete channel will provide structural support for a Trash Screen that will be used to remove up to 1 ton per day of floating and submerged trash from the New River. The Trash Screen will be located at a point approximately 900 feet downstream from the US-Mexico International Boundary in Calexico. The Diversion Structure would span the full width of the New River. The new channel structure would include an entry and exit transition section to allow a smooth transition between the geometry of the existing natural trapezoidal River channel to that of the rectangular section.
The rectangular section would include an integrated cutwater designed to split the channel flow into two equally sized fixed Trash Screens and provide support for an overhead trolley-mounted trash raking system structure.
The Diversion Structure will be located within the concrete channel segment and be just downstream of the Trash Screen. The Diversion Structure will include an integral stainless steel slide gate, with a seismic actuator to allow automatic isolation of the pipeline in case of a significant earthquake of sufficient magnitude to cause potential damage to the downstream pipeline. Figure 3 below illustrates the overall location of the Trash Screen, concrete channel, new access road, and Diversion Structure.
4.2 Bypass 72-inch FRM Pipe Encasement
An approximately 1.5-mile-long 72-inch FRM pipe shall be installed to convey flows from the New River to avoid the southern portion of the City of Calexico. The bypass pipeline has been designed to convey up to 160 cubic feet per second (cfs) via gravity. Flows exceeding 160 cfs would be diverted into the 72-inch pipe. Instead, they would flow through the existing New River channel.
Please refer to Figure 2 for the general alignment of the bypass pipe. The bypass pipe will outfall back into the New River just east of the All-American Canal Siphon. The pipe will be located approximately 3 to 4 feet below the ground surface. In areas where there is insufficient cover above the pipeline elevation with the existing surface grade (less than 1 foot), an embankment would be constructed on top of the pipeline using fill excavated from the trench. The embankment must be constructed per the geotechnical requirements. Where needed due to anticipated high groundwater table, cutoff walls must be built to protect the pipe also.
4.3 Energy Dissipater
The bypass pipeline will require an energy dissipation device at its Outfall to avoid New River channel erosion from the pipe’s discharge. The 350 square-foot Energy Dissipater will be located approximately 400 feet east of the All-American Canal Siphon. The height varies from approximately 7 feet at the terminus of the bypass pipeline to approximately 3 feet at the NRIP Calexico Reach -9-
INVITATION TO BID
discharge Outfall. Riprap would be installed immediately adjacent to and downstream of the energy dissipater to further decrease the potential for erosion from the anticipated discharge of flow back into the New River from the bypass pipeline.
Figure 3 - General Illustration of Diversion Structure and Trash Screen Trash Screen
72-in Bypass Pipe
16-in DIP
forcemain
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5. PROJECT SCHEDULE
The work shall be completed in accordance with the Phases and Project Schedule shown in Item 3 (Project Phases and Construction Schedule), on Page 4.
6. MANDATORY PRE-BID MEETING
A mandatory pre-bid meeting shall be held on Monday, August 29, 2022 at 10 am. The meeting shall be held at the City’s Wastewater Treatment Plant (WWTP) office at: 298 W. Second Street, Calexico, CA 92231; which is behind the Calexico International Airport.
7. ADDENDA
The correction of any discrepancies or omissions from the specifications or other contract documents or any interpretation thereof during the bidding period shall be made only by written addendum. A completed and signed addenda acknowledgement (Page 84) shall be included in the Bid Proposal.
8. PROPOSAL REQUIREMENTS
SEALED PROPOSAL will be accepted at the Office of the City Clerk, City Hall, 608 Heber Avenue, Calexico, California until 2:00 p.m. on September 6, 2022, at which time all proposals will be publicly opened and read aloud. LATE BIDS WILL NOT be accepted and will be considered unresponsive.
A summary of the bids may be presented to the City Council at itsmeeting of September 21, 2022, at 6:30 p.m. in the City Council Chambers, 608 Heber Avenue, Calexico, California.
Each bid shall be submitted in a sealed envelope bearing on the outside the name of the bidder, his/her address, and the name of the project for which the bid is submitted. If forwarded by mail, the sealed envelope containing the bid shall be enclosed in another envelope addressed as specified in the bid form.
Electronic version on the approved plans and specifications, geotechnical reports for the Project, and groundwater quality results in the area of the Project may be obtained by visiting the City’s website at https://www.calexico.ca.gov/bidsandrfps.
No bid shall be received unless it is made using the format specified in this Invitation to Bid and Technical Specifications. Each bid must be accompanied by a guaranty of cash, certified check, and cashier check or bidders' bond made payable to the City of Calexico for an amount equal to at least ten percent (10%) of the bid. Such guaranty to be forfeited should the bidder to whom the contract is awarded fails to enter the contract. All guaranties are to be returned after the contract is awarded.
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The bid may be considered incomplete and be disqualified if any of the following information is not provided.
Proposal/Bid Form Workmen’s Compensation Certificate
10% Bid Bond Drug/Alcohol Testing Requirements
Proposal Agreement Non-Collusion Affidavit
Subcontractor’s Listing Corporate Certification Partnership Information
1. On the bid form(s), the unit price items, and total contract price must be written in words and figures. The words and figures shall appear on the blank spaces provided.
2. On page 76, Subcontractor's Listing shall be completed. If no subcontractor will be used, indicate an "X" mark on the space provided for "No" subcontractor.
This is a City Public Works Department project, which is exclusively being funded with State public funds. Accordingly, it is subject to prevailing wages laws and regulations. Pursuant to Labor Code §1773, the general prevailing wage rates in the county, in which the work is to be done have been determined by the Director of the California Department of Industrial Relations. These wages are set forth in the General Prevailing Wage Rates for this project, available at City of Calexico address and available from the California Department of Industrial Relations' Internet web site at http://www.dir.ca.gov/DLSR/PWD. The applicable Federal minimum wage rates as predetermined by the United States Secretary of Labor are available at the City of Calexico Public Works Department. In addition, a copy may be examined at the offices described above where project plans, special provisions, and bid forms may be seen. Revisions to the applicable Federal Wage Rates, up to ten (10) days before bid opening, shall be identified by the issuance of an addendum with the corresponding Internet Website address of where the revisions can be found. The final contract documents signed by the City and the contractorshall include the Federal Wage Rates, or the Federal Wage Rates as revised by addendums, if any such addendums have been issued.
Future effective general prevailing wage rates, which have been predetermined and are on file with the California Department of Industrial Relations are referenced but not printed in the general prevailing wage rates.
Attention is directed to the Federal minimum wage rate requirements in the Contract Documents.
If there is a difference between the minimum wage rates predetermined by the Secretary of Labor and the general prevailing wage rates determined by the Director of the California Department of Industrial Relations for similar classifications of labor, the Contractor and subcontractors shall pay not less than the higher wage rate. The Department will not accept lower State wage rates not specifically included in the Federal minimum wage determinations. This includes "helper" (or other classifications based on hours of experience) or any other classification not appearing in the Federal wage determinations. Where Federal wage determinations do not contain the State wage rate determination otherwise available for use by the Contractor and subcontractors, the Contractor and subcontractors shall pay not less than the Federal minimum wage rate, which most closely approximates the duties of the employees in question.
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The U.S. Department of Transportation ("DOT") provides a toll-free hotline service to report bid rigging activities. Bid rigging activities can be reported Monday through Friday, between 8:00 a.m. and 5:00 p.m., Eastern Standard Time at 800/424-9071. Anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent activities should use the hotline to report these activities. The hotline is part of DOT's continuing effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the DOT Inspector General. All information will be treated confidentially and caller anonymity will be respected.
All bids are to be compared on the basis of the Michael Baker International’s (MBI’s) most recent Opinion of Probable Costs for the Project and estimate of the quantities of work to be done. The most recent Opinion of Probable Project Cost prepared by MBI puts the cost to build the Project at approximately thirty-four million dollars ($34,000,000). A bid will only be accepted from a Contractor who is licensed in accordance with the provisions of Chapter 9, Division 3, of the Business and Professions Code of the State of California as amended. In addition, the Contractor, sub-contractors, and suppliers shall also have a business license issued by the City prior to commencing work. Further, the successful bidder shall comply with all Imperial County orders regarding COVI-19. Bidders are advised to review the County’s COVID-19 requirements.
No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
Please also take notice that the Contractor will be required to obtain coverage under and comply with the State Water Resources Control Board General NPDES Permit for Discharges Associated from Construction and Land Disturbance Activities. Additionally, it is expected that construction of the temporary diversion channel, coffer dams, and potentially installation of the 72-inch pipe in some areas will require dewatering, which will generate wastewater that needs to be discharged.
The city’s review of groundwater quality results for the area of the Project indicates that groundwater resulting from dewatering activitiesshould pose a relatively low threat to New River water quality. Accordingly, the Contractor shall be required to obtain coverage under and comply with the California Regional Water Quality Control Board, Colorado River Basin, General Waste Discharge Requirements and NPDES Permit for Low Threat Discharges to Surface Waters Within the Colorado River Region, prior to commence construction. The Regional Water Board permit is necessary to discharge wastewater from dewatering activities into the New River. The groundwater quality results may be obtained by visiting the City’s website at https://www.calexico.ca.gov/bidsandrfps.
Special attention of all prospective bidders is called to Item 3 (Project Phases and Construction Schedule ), above, and the Bid Requirements and General Conditions Sections of this document for full directions as to bidding, etc.
Pre-submittal procedural or technical inquires must be submitted to Lilliana Falomir, Public Works Manager – Administrative via email at [email protected] by 5:00p.m. on August 30, 2022.
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If bidder is a corporate entity and is awarded the contract, prior to execution of the contract, Contractor shall submit satisfactory, documentary proof that the person(s) executing said contract on the behalf of said corporation has authority to do so.
CITY'S RIGHT RESERVED: The City reserves the right to reject any or all bids, to waive any informality in a bid, and to make awards in the interest of the City. __________________________________
Esperanza Colio Warren, City Manager
City of Calexico
END OF INVITATIONS FOR BIDS
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BID REQUIREMENTS
1. Examination of Plans and Specifications, Special Provisions and Site of Work: The bidder is required to examine carefully the site of work contemplated, and it shall be assumed that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality and quantities of work to be performed, and materials to be furnished; and as to the requirements of the specifications, special provisions, and the contract. It shall be mutually agreed that submission of a proposal shall be considered prima facie evidence that the bidder has made such examination.
To the extent that any provision of the Technical Specifications for the Project conflict with the provisions of this section, the provision of this section shall govern over the provision of the Technical Specifications.
2. Proposal Form: All proposals must be made pursuant to the “Job Quantities and Proposal Bid Form” Section of this document (see p. 67, et seq.). All proposals shall give the prices proposed both in writing and figures and shall be signed by the bidder with bidders’ business address.
If the proposal is made by an individual, the individual's name and post office address must be shown. If made by a firm or partnership, the name and post office address of each member of the firm or partnership must be shown. If made by a corporation, the proposal must show the name of the State under the laws of which the corporation is chartered and the name, titles and business addresses of the President, Secretary and Treasurer. A certification by the legal representative of the firm must be included in the bid.
3. Rejection of Proposal Containing Alterations, Erasures or Irregularities: Proposals may be rejected if they show any alterations of form additions not called for, conditional or alternative bids, incomplete bids, erasures or irregularities of any kind.
4. The Proposal may be withdrawn upon request by the bidder without prejudice prior to, but not after the time fixed for opening of bids, provided that the request is in writing, has been executed by the bidder or the bidders duly authorized representative and is filed with the City Clerk.
4.1 Omissions and Discrepancies: Should the bidder find discrepancies in or omissions on the drawings, or other contract documents or should he or she be in doubt as to their meaning, the bidder should at once notify in writing the Public Works Department Manager, who may send a written instruction to all bidders.
4.2 Interpretations and Addenda: No oral interpretations shall be made to any bidder as to the meaning of any of the contract documents, or be effective to modify any of the provisions of the contract documents. Every request for an interpretation shall be made in writing and addressed and forwarded to the Public Works Department Manager at:
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Ms. Liliana Falomir, Public Works Department Manager
549 Pierce Avenue
Calexico, CA 92231
Requests via email shall be accepted and be addressed to Ms. Falomir as well at [email protected].
4.3 The City of Calexico reserves the right to reject any or all proposals.
5. Bidder's Guaranty: All bids shall be presented under sealed cover and shall be accompanied by cash, cashier's check, certified check, or bidder’s bond made payable to the City of Calexico for an amount equal to at least ten percent (10%) of the amount of said bid, and no bid shall be considered unless such cash, cashier's check, certified check or bidder's bond is enclosed therewith.
5.1 Return of Proposal Guaranty: Within ten (10) days after the award of the contract, the City Council will return the proposal guaranties accompanying the proposals, which are not to be considered in making the award. All other proposal guaranties will be held until the contract has been finally executed, after which they will be returned to the respective bidders whose proposals they accompany.
5.2 Execution of Contract: The contract and contract documents shall be signed by the successful bidder and returned together with the contract bonds, within ten (10) days, not including Sundays, after the bidder has received notice that the contract has been awarded. No proposal shall be considered binding upon the City until the execution of the contract. Failure to execute the contract and file acceptable bonds as provided herein within ten (10) days, not including Sundays, after the bidder has received notice that the contract has been awarded, shall be just cause for the annulment of the award and the forfeiture of the proposal guaranty.
5.3 Sureties: The successful bidder shall also promptly secure with a responsible corporate surety or corporate sureties satisfactory bonds conditioned upon faithful performance by the said bidder of all the requirements under the contract and upon the payment of claims of any material men and laborers there-under.
6. Award of Contract: The award of the contract, if it is awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements prescribed for the lowest total of the bid prices on the base contract and all additive or deductive items including Phase I and Phase II. The award, if made, will be made within ninety (90) calendar days after the opening of the proposals. All bids will be compared on the basis of Michael Baker International’s estimate of quantities of work to be done for the Project.
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7. Projects financed in whole or in part with State or Federal funds shall be subject to inspection at all times by the City Engineer, City Public Works Department Manager, City Project Construction Manager, City Project Manager, or other city agents.
8. Removal of Defective and Unauthorized Work: All work which is defective in its construction or deficient in any of the requirements of these specifications, special provisions or plans shall be remedied or removed and replaced by the Contractor in an acceptable manner and no compensation will be allowed for such correction. Any work done beyond the work shown on the Project’s plans and specifications or established by the Public Works Department Manager, or any extra work done without written authority will be considered as unauthorized and will not be paid for.
9. Upon failure on the part of the Contractor to comply with any order of the Public Works Department Manager, or City Engineer as appropriate, made under these provisions, then the Public Works Department Manager, or City Engineer as appropriate, shall be the authority to cause defective work to be removed and to deduct the costs thereof from any monies due or to become due to the Contractor.
10. Final Inspection: Whenever the work provided and contemplated by the contract shall have been satisfactorily completed and the final clean up performed, the Public Works Department Manager, or her designee, will make the final inspection at the site.
11. Amount of Bonds: The Faithful Performance Bond shall be in the sum of not less than one hundred percent (100%) of the contract price.
The bond for material men and laborers shall be in an amount equal to not less than one hundred percent (100%) of the contract price. Form of bond required may be examined at the office of the Public Works Department; copies will be furnished, if desired, to prospective bidders.
Payment and performance Bonds shall be executed by a California Admitted Surety insurer with a minimum Best’s Insurance Guide rating of A+, Class VII.
Whenever any surety or sureties on any such bond, or on any bonds required by law for the protection of the claims of laborers and material men, become insufficient or the City Council has cause to believe that such surety or sureties have become insufficient, a demand in writing may be made of the Contractor for such further bond or bonds or additional surety, not exceeding that originally required, as is considered necessary, considering the extent of the work remaining to be done. Thereafter, no payment shall be made upon such contract to the Contractor or any assignee of the Contractor until such further bond or bonds or additional surety has been furnished.
12. Compliance with Laws and Regulations: No proposal for work will be accepted from a Contractor who is not licensed in accordance with the law under the provisions of Chapter NRIP Calexico Reach -17-
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9 of Division III, of the Business and Professions Code of the State of California, as amended. The Contractor awarded the contract shall also submit the Contractor’s Certification of Qualifications for License Classification contained in these contract documents along with the submission of the executed contract and acceptable sureties. All bids submitted and all contracts awarded hereunder must be submitted, filed, made and executed in accordance with all applicable laws of the State of California and of the United States of America which relate to bids and contracts of the nature referred to herein, whether such laws are expressly referred to herein or not.
13. MINIMUM WAGES: Pursuant to Federal Decision AG 3295 and in accordance with the provisions of Section 1770 to 1781 of the Labor Code, the City Council of the City of Calexico has adopted the latest publication of the General Prevailing Wage Rates entitled, "State of California, Department of Transportation, Equipment Rental Rates and General Prevailing Wage Rates."
14. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.
Pre-submittal procedural or technical inquires may be directed to Lilliana Falomir, Public Works Department Manager via email at [email protected].
END OF BID REQUIREMENTS
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GENERAL CONDITIONS
1-01 DEFINITIONS.
a) The word "City" shall mean the City of Calexico, California. b) The term "City Council" shall mean the City Council of the City of Calexico. c) The word "Contractor" shall mean the party of the second part entering into the contract with the City for the performance of work required by these specifications, and legal representatives of said party, or agent appointed to act for said party in the performance of the work. Said party is referred to throughout the contract documents as if of the singular number and the masculine gender.
d) The word "Public Works Department Manager" shall mean the City of Calexico Public Works Department Manager, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them. e) The word "City Engineer " shall mean the City of Calexico Engineer for this Project, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them.
f) The word “Public Works Department Director” shall mean the City’s designated City Engineer for construction of this Project.
g) The word "City Construction Manager" shall mean the City of Calexico Construction Manager(Dynamic Consulting Engineers) acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them.
h) The word "City Project Manager " shall mean the City of Calexico Project Manager, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them.
i) The word GREENBOOK shall mean the Standard Specifications for Public Works Construction contained in the 2015 Edition, as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Public Works Association and the Southern California District of the Associated General Contractors of California. Copies of these Standard Specifications are available from the publisher, Building News, Incorporated, 1612 South Clementine Street, Anaheim, California 92802, telephone (714) 517-0970.
j) The term “plans and specifications” shall mean the Plans and Technical Specifications prepared by Michael Baker International and approved by the City for the Project.
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k) The term “plans,” unless it is an otherwise explicitly stated meaning, shall mean the “plans” prepared by Michael Baker International and approved by the City for the Project. l) The term “specifications,” unless it is an otherwise explicitly stated meaning, shall mean the May 31, 2022, “Technical Specifications” prepared by Michael Baker International and approved by the City for the Project.
1-02 CONTRACT DOCUMENTS
The Notice of Inviting Bids, the Instructions to Bidders, the Proposal, the City approved Plans and Specifications for the Project, and the Drawings, together with the Agreement, constitute the Contract. These Contract documents are complimentary, and what is called for in anyone shall be as binding as if called for in all. The intention of the documents is to require a complete and finished piece of work. The Contractor at his sole cost and expense shall perform all labor and services and shall furnish all materials, tools, equipment, and facilities necessary for the proper execution of the work, with the exception of such items as are definitely stipulated in the specifications or the drawings to be furnished by the City. Anything shown in the drawings and not in the specifications or in the specifications and not in the drawings shall be performed by the Contractor as though shown in both the drawings and the specifications. 1-03 AUTHORITY OF THE PUBLIC WORKS DEPARTMENT MANAGER/CITY ENGINEER The Public Works Department Director, shall:
• give all orders and directions contemplated under the contract; • determine the adequacy of the Contractor's methods, plans, and appurtenances; • determine in all cases the amount, quality, acceptability, and fitness of the several kinds of work and materials which are to be paid for;
• determine all questions in relation to said work and the construction thereof; and • decide in all cases every question, which may arise relative to the fulfillment of this contract on the part of the Contractor.
Should any discrepancy appear or any misunderstandings arise as to the import of anything contained in the specifications or drawings, the matter shall be referred to the Public Works Department Director, who shall decide the same in accordance with the true intent and meaning as construed by her, and her decision shall be binding on the Contractor. Please take notice that the Public Works Department Director may, as necessary, consult with the Public Works Department Manager, City Construction Manager, City Project Manager, and/or MBI for their recommendations on the proper disposition of the matter. Any differences or conflicts which may arise between the Contractor and other contractors of the City in regard to their work shall be adjusted and determined by the Public Works Department Director.
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1-04 ACCESS TO WORK
The Public Works Department Director, City Public Works Department Manager, City Construction Manager, City Project Manager, city inspectors, city agents, and other city employees shall at all times and for any purposes have access to the work and the premises used by the Contractor, and the Contractor shall provide safe and proper facilities therefore. 1-05 LINES AND GRADES
All distances and measurements are given and will be made in horizontal plane. Grades are given from the top stakes, or nails, unless otherwise noted on the plans.
Three consecutive points shown in the same rate of slope must be used in common, in order to detect any variation from a straight grade, and in case any such discrepancy exists, it must be reported to the Public Works Department Manager and the City’s Construction Manager. If such a discrepancy is not reported as required above, the Contractor shall be responsible for any error in the finished work.
Services Assistance Notice: The Contractor shall give at least 24-hour advance notice in writing when it will require the services of the Public Works Department Director for laying out any portion of the work. The Contractor shall furnish such facilities and labor necessary for marking and maintaining points and lines as the Public Works Department Director may require. Labor furnished by the Contractor for such purposes will be paid for as extra work.
The Contractor will preserve all stakes and points set for lines, grades or measurements of the work in their proper places until authorized to remove them by the Public Works Department Director. All expenses incurred in replacing stakes that have been removed without proper authority shall be paid by the Contractor.
1-06 LEGAL ADDRESS OF CONTRACTOR
The address given in the Contractor's proposal on which the contract is founded is hereby designated as the place to which all notices, letters, and other communications to the Contractor shall be mailed or delivered. The mailing to or delivering at the above-named place of any notice, letters, or other communication to the Contractor shall be deemed sufficient service thereof upon the Contractor. The date of said service shall be the date of such mailing or delivery. Such address may be changed at any time by a written notice signed by the Contractor and delivered to the Public Works Department Manager.
1-07 CONTRACTOR'S RESPONSIBILITIES
(a) The Contractor shall be responsible for safe, efficient, and adequate methods and equipment during the progress of the work so as to secure the safety of the workmen, the quality of work required and the stipulated rate of progress.
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(b) The Contractor shall bear all losses resulting to him on account of the amount of character of the work, or from any unforeseen obstructions or difficulties, which may be encountered, on account of the weather, floods, or other causes. (c) The Contractor shall assume the defense of and indemnify and save harmless the City and its officers and agents from all claims of any kind arising from his own negligence or that of his agents in the performance of the contract.
(d) The Contractor shall be responsible for any materials furnished him and for the care of all work until its completion and final acceptance, and he shall at his own expense replace damaged or lost material and repair damaged parts of the work, or the same may be done at his expense by the City.
(e) During the progress of the work the Contractor shall keep the premises occupied by him in a neat and clean condition, and free from any unsightly accumulation of rubbish, unused material, concrete forms, and other equipment and materials belonging to him or used under his direction during construction, and in the event of his failure to do so, the same may be removed by the City at the expense of the Contractor. (f) Traffic Control. The Contractor shall be responsible for maintaining traffic control at all times under the guidelines of the State of California Manual and the Uniform Traffic Control. Contractor shall submit two (2) traffic control plans in a minimum of 48 hours for pre-approval by the Public Works Department Manager/City Engineer before starting construction work that has reasonable potential to impact traffic in 2nd Street or Animal Shelter Drive, or interfere with the ongoing construction activities for the expansion of the Calexico West US Port of Entry.
(g) The Contractor shall be responsible for coordinating its construction activities with the USGSA Construction Manager for the expansion of the Calexico West US Port of Entry and the City Construction Manager to avoid to the extent practicable that Project construction activities from interfering with the above-cited expansion; and if avoidance is not practicable, minimize the interference.
(h) Water Pollution Control. The Contractor shall obtain coverage under and comply with the State Water Resources Control Board General National Pollutant Discharge Elimination System (NPDES) Permit for Discharges Associated with Construction and Land Disturbance Activities (Order No. 2009-0009-DWQ, NPDES NO. CAS00000); and with the Colorado River Basin Regional Water Quality Control Board General Waste Discharge Requirements and NPDES Permit for Low Threat Discharges to Surface Waters in the Colorado River Basin Region (Order R7-2015-006) to discharge into the New River wastewater from dewatering activities for the Project.
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(i) Contractor shall maintain good housekeeping practices and observe Best Management Practices throughout the execution of the project.
(j) The contractor shall make a special effort to control dust during the execution of work.
Dust shall be maintained to a minimum by regular applications of water as necessary. It is the responsibility of the contractor to obtain all necessary permits and meet all requirements of the county of Imperial Air Pollution Control District. A copy of said permit shall be submitted to the City of Calexico Engineering Division. 1-08 CONTRACTOR TO FURNISH INFORMATION
(a) Before proceeding with the erection or set up of any temporary structures, the Contractor shall furnish the Public Works Department Manager/City Engineer with information and drawings of all such structures as may be required.
(b) Drawings and prints in such detail as may be required, or articles, machinery, or fabricated materials entering into permanent construction which are by these specifications required to be furnished by the Contractor and of which detailed drawings are not furnished by the City shall be submitted by the Contractor for approval and shall become the property of the City. Such approval shall not, however, operate to waive or modify any provision or requirement contained in these specifications.
1-09 EXAMINATION OF WORK
Bidders shall examine the location, physical conditions, and surroundings of the area for proposed work and judge for themselves the nature of the excavations to be made and the work to be done.
Shallow groundwater is expected in the New River floodplain where the 72-in bypass pipe needs to be installed.
The Contract documents for the work show conditions as they are supposed or believed by the Public Works Department Manager to exist, but it is not intended or to be inferred that the conditions as shown therein constitute a representation or warranty, express or implied, by the City or any of its officers or employees, that such conditions are actually existent, nor shall the Contractor be relieved of the liability under his contract, nor shall the City or any of its officers or employees be liable for any loss sustained by the Contractor as a result of any variance between conditions shown in the Contract Documents and the actual conditions revealed during the progress of the work or otherwise.
1-10 PLANS AND DRAWINGS
All authorized alterations affecting the requirements and information given on the City’s approved Plans and Specifications for the Project shall be in writing. No changes shall be made of any plan or drawing after the same has been approved by the Public Works Director/City Engineer, except by direction of the Public Works Director/City Engineer.
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Deviations from the approved plans, as may be required by the exigencies of construction, will be determined in all cases by the Public Works Director/City Engineer and authorized in writing.
Working drawings or plans for any structure not included in the plans furnished by the Public Works Department Director shall be approved by the Public Works Department Director before any work involving these plans shall be performed, unless approval is waived in writing by the Public Works Department Director.
It is mutually agreed, however, that approval by the Public Works Department Director of the Contractor's working plans does not relieve the Contractor of any responsibility for accuracy of dimensions and details, and that the Contractor shall conform with the approved plans and specifications.
1-11 PERSONAL ATTENTION
The Contractor shall give his personal attention constantly to the faithful prosecution of the work, and shall be present, either in person or by a duly authorized and competent representative, on the site of the work, continually during its progress, to receive directions or instructions from the Public Works Department Director. Whenever the Contractor is not present on any part of the work where it may be desired to give directions, orders may be given by the Public Works Department Director, and shall be received and obeyed by the superintendent or foreman who may have charge of the particular part of the work in reference to which orders are given. 1-12 PROTESTS
If the Contractor considers any work demanded of him to be outside the requirements of the Contract, or if he considers any order or ruling of the Public Works Department Director or of any inspector to be unfair, the Contractor shall immediately upon such work being demanded or such order or ruling being made, ask for written instructions or decision, whereupon the Contractor shall proceed without delay to perform the work or conform to the order or ruling; but unless the Contractor finds such instructions or decision satisfactory, it shall, within ten (10) days after receipt of same, file a written protest with the Public Works Department Director, stating clearly and in detail its objections and the reason therefore. Except for such grounds of protest or objections as are made of record in the manner specified and within the time stated herein, the Contractor hereby waives all grounds for protests or objections to the orders, ruling, instructions or decisions of Public Works Department Director, and hereby agrees that as to all matters not included in such protests the orders, instructions and decisions of the Public Works Department Director shall be final and conclusive.
1-13 RIGHT-OF-WAY
The right-of-way and encroachment permit(s) for the work to be constructed will be provided by the City. The Contractor shall make its own arrangements and pay all expenses for additional area NRIP Calexico Reach -24-
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required by it outside of the limits of the right-of-way and encroachment permit(s), unless otherwise provided in the special conditions.
1-14 TIME AND ORDER OF WORK
(a) The Contractor shall at all times employ such force, plant, materials and tools as will be sufficient, in the opinion of the Public Works Department Director, to complete the work or any separable portions thereof in accordance with a progress schedule and within the time limit fixed by the contract. If the Contractor should fail to employ sufficient force, plant, materials and tools or to maintain adequate progress he may, after such failure, be required to increase his progress at any point or points or to modify his plans and procedures in such manners and to such extent as the Public Works Department Director may direct, any extension of such shall not relieve the Contractor from the necessity of maintaining the required progress. In case of an extension by the Public Works Department Director of the time for the completion of the contract, as hereinafter provided a revised schedule of progress may be prescribed in accordance with such extension of time.
(b) The time in which the various portions and the whole of the contract are to be performed and the work is to be completed is of the essence of the contract. 1-15 ASSIGNMENT FORBIDDEN
The Contractor shall not assign, transfer, convey, or otherwise dispose of this contract, or of his right, title or interest in or to the same or any part thereof, without the previous consent in writing of the Public Works Department Director and he shall not assign, by power of attorney or otherwise, any of the monies to become due and payable under the contract unless by and with the like consent signified in like manner. If the Contractor shall, without such previous written consent, assign, transfer, convey or otherwise dispose of the contract or of his right, title or interest therein, or of any of the monies to become due under the contract, to any other person, company or other corporation, the contract may at the option of the City be terminated and revoked, and the City shall thereupon be relieved and discharged from any and all liability and obligations growing out of the same to the Contractor, and to his assignee or transferee.
No right under the contract, nor any right to any money to become due hereunder, shall be asserted against the City in law or equity by reason of any so-called assignment of the contract, or any part thereof, or by reason of the assignment of any monies to become due hereunder, unless authorized as aforesaid by the written consent of the Public Works Department Director. 1-16 SUBLETTING
The Contractor shall give his personal attention of the fulfillment of the contract and shall keep the work under his control. Subcontractors will not be recognized as such, and all persons engaged in the work of construction will be considered as employees of the Contractor, and their work shall NRIP Calexico Reach -25-
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be subject to the provisions of the contract and specifications. Where a portion of the work sublet by the Contractor is not being prosecuted in a manner satisfactory to the Public Works Department Director, the subcontractor shall be removed immediately on the recommendation of the Public Works Director/City Engineer and shall not again be employed on the work. 1-17 SUSPENSION OF CONTRACT
(a) If the work to be done under the contract shall be abandoned by the Contractor, or if the Contractor shall make a general assignment for the benefit of his creditors or be adjudicated a bankrupt, or if a receiver of his property or business is appointed by a court of competent jurisdiction, or if this contract shall be assigned by him otherwise than hereinbefore specified, or if at any time the Public Works Department Directorshall be of the opinion that the performance of the contract is unnecessarily or unreasonably delayed, or that the Contractor is willfully violating any of the conditions or covenants of the contract, or of the specifications, or is executing the same in bad faith or not in the time named in the contract for its completion, or within the time to which the completion of the contract may have been extended as hereinbefore provided, the Public Works Department Director, acting on behalf of the City, may, by written notice, instruct the Contractor to discontinue all work or any part thereof under this contract. (b) When such written notice is served upon the Contractor as provided in Section 1-06, he shall immediately discontinue the work or such part thereof as is covered by the notice and shall not resume the same except by written instructions from the Public Works Department Director. In any such case, the City may take charge of the work and complete it by a new contract or by force account. In so doing, the City may take possession of and use any of the materials, plant, tools, equipment, supplies and property of every kind provided by the Contractor for the purposes of his work. The City may procure other materials and provide labor for the completion of same, or contract therefore and charge the expense of completion by either method to the Contractor. These charges shall be deducted from such monies as may be due or may at any time hereafter become due the Contractor under and by virtue of this contract or any part thereof. In case such expense shall exceed the amount which would have been due the Contractor under the contract if the same had been completed by him, he shall pay the amount of such excess to the City; and in case such expense shall be less than the amount which would have been payable under this contract if the same had been completed by the Contractor, he shall have no claim to the difference except to such extent as may be necessary, in the opinion of the Public Works Department Director, to reimburse the Contractor or the Contractor's sureties for any expense, properly incurred for plant, equipment, materials, supplies and labor devoted to the prosecution of the work of which the City shall have received the benefit and which shall not have been otherwise paid for by the City. In computing such expense so far as it shall be deducted from the depreciated value thereof at the time taken over by the City and the difference shall be considered as an expense. Evidence of such expense satisfactory to the Public Works Department Director, shall be required, and all necessary estimates and appraisements shall be made by him.
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When any particular part of the work is being carried on for the City by contract or otherwise, under the provisions of this section, the Contractor shall continue the remainder of the work in conformity with the terms of his contract, and in such manner as in nowise to hinder or interfere with the persons or workmen employed, as above provided, by the City, by contract or otherwise to do any part of the work or to complete the same under the provisions of this section.
1-18 SUSPENSION OF WORK - EXTENSION OF TIME - NO EXTRA COMPENSATION (a) The Public Works Department Directorshall 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 due to the failure on the part of the Contractor to carry out orders given or to perform any provisions of the work. The Contractor shall immediately obey such order of the Public Works Department Director. (b) Applications for extension of time must be made promptly in writing, stating cause. No delay shall be made the basis in any application for extension of time, unless such delay and the cause thereof shall have been called to the attention of the Public Works Department Director in writing within the ten (10) days from the beginning of such delay.
Applications for extension of time shall be addressed to the Public Works Department Director.
(c) Permitting the Contractor to continue and finish the work, or any part of it, after the date to which the time fixed for its completion may have been extended, shall in nowise operate as a waiver on the part of the City or any of its rights under this contract. (d) The Contractor shall receive no compensation on account of any suspension of the work either in whole or in part or for any delay or hindrance herein mentioned except as provided in the Detail Specifications.
1-19 FAILURE TO COMPLETE ON TIME AND LIQUIDATED DAMAGES (a) The Contractor shall pay for each and every day, including Sundays and legal holidays that they shall be in default in completing the whole work to be done under this contract, the sum named in the Special Provisions, which sum is by the execution of the Agreement mutually agreed upon as liquidated damages which the City will suffer by reason of such default. The City shall have the right to deduct the amount of such damages from any monies due or to become due the Contractor under this contract. (b) It is further agreed that in case the work called for under the contract is not finished and completed in all parts and requirements within the time specified, the City Council shall have the right to extend the time for completion or not, as may seem best to serve the NRIP Calexico Reach -27-
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interest of the City; and if it decides to extend the time limit for the completion of the contract, it shall further have the right to charge to the Contractor, his heirs, assigns or sureties and to deduct from the final payment for the work, all or any part, as it may deem proper of the actual cost of engineering, inspection, superintendence and other overhead expenses which are directly chargeable to the contract and which accrue during the period of such extension, except that the cost of final surveys and preparation of final estimate shall not be included in such charges.
(c) The Contractor shall not be assessed with liquidated damages nor the cost of engineering and inspection during any delay in the completion of the work caused by the acts of God or of the public enemy, acts of the City, fire, floods, epidemics, quarantine restrictions, strikes, freight embargoes and unusually severe weather or delays of subcontractors due to such causes; provided, that the Contractor shall within ten (10) days from the beginning of any such delay notify the Public Works Department Director in writing of the causes of delay, who shall ascertain the facts and the extent of delay, and his findings of the facts thereon shall be final and conclusive.
1-20 CHANGES
(a) If either the Public Works Department Director or the Contractor on account of conditions which develop during the progress of the work finds it impracticable to comply strictly with these specifications, the Public Works Director/City Engineer may prescribe a modification of requirements of methods of work. For such purposes, the Public Works Department Director may at any time during the life of the contract, by written order make such changes as he shall find necessary in the design, line, grade, form, location, dimensions, plan or material of any part of the work or equipment hereinafter specified, or in the quantity or character of the work or equipment to be furnished. If such changes increase or diminish the quantity or amount of work to be done, they shall not constitute the basis for a claim for damages or anticipated profits on the work that may be dispensed with; provided, that if such changes or alterations render useless, any work already done or materials already furnished or used in the work, the Public Works Department Director shall make reasonable allowance therefore, which action shall be binding upon both parties.
(b) In the event of increasing or decreasing of work, the total amount of work actually done or materials or equipment furnished shall be paid for according to the unit price established for such work under the contract, wherever such unit price has been established. In the event no prices are named in the contract to cover such changes or alteration, the cost of such changes shall be covered as hereinafter provided for extra work. (c) The City reserves the right to increase or decrease the quantity of any item or portion of work or to omit portions of the work as may be deemed necessary or expedient by the Public Works Department Director.
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1-21 EXTRA WORK
(a) If during the performance of the contract, it shall, in the opinion of the Public Works Department Director, become necessary or desirable for proper completion of the contract to order work done or materials or equipment furnished which in the opinion of the Public Works Department Director are not susceptible of classification under the bid items, the Contractor shall do and perform such work and furnish such materials and equipment as extra work, as hereinafter provided. All extra work shall be ordered in writing before it is started. No extra work shall be paid for unless ordered in writing. (b) Extra work will ordinarily be paid for at a lump sum or unit price agreed upon in writing by the Public Works Department Director and the Contractor before the extra work shall be ordered.
(c) Whenever in the judgment of the Public Works Department Director extra work or extra material, as the case may be, is not of like character to and is not susceptible of classification under the bid items of the contract as specified, and it is impracticable because of the nature of the work, or for any other reason to fix the price before the extra work order shall be issued, extra work and material, when furnished by the Contractor, shall be paid for at actual necessary cost of materials, supplies, labor (including foremen’s wages), workmen's compensation insurance, contributions made to the State as required by the provisions of the Unemployment Insurance Act, Chapter 352, Statutes of 1935, as amended, taxes paid to the Federal Government as required by The Social Security Act, approved August 14, 1935, as amended and the reasonable value of the use of equipment for the actual time it is used, all as determined by the Public Works Department Director, plus fifteen percent (15%) to cover the following:
Profit
General Expenses
All insurance except workmen's compensation insurance
Excise taxes
Property taxes
Bond premiums
License and inspection fees imposed by any governmental authority Any and all other items of expense not specificallymentioned under Subsection (c) herein
The Public Works Department Director determination and certification of said actual necessary cost shall be binding and conclusive on the Contractor, and the Public Works Department Director shall be deemed the arbiter to determine the cost of such work.
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(d) If any work or materials be ordered under this section on a cost-plus basis, the Contractor shall, at the times directed during the performing of the work or the furnishing of the materials, render to the Public Works Department Director, written reports in prescribed form, showing all items that may enter into the cost, the quantity and the character of each such material, from whom purchased and the net amount paid or to be paid therefore, and such other information as directed. If required, the Contractor shall produce any books, vouchers, other records, or memoranda, which will assist the Public Works Department Director in determining the true, necessary cost of the work and materials to be paid for.
(e) Any extra work performed hereunder shall be subject to all the provisions of the contract and the Contractor's sureties shall be bound with reference thereto as under the original contract.
1-22 COST BREAKDOWN
Within ten (10) days after commencing work, the Contractor shall submit, to the Public Works Department Director, City Public Works Department Manager, City Construction Manager, and City Project Manager, a cost breakdown in duplicate of all unit and lump sum prices under the contract.
The breakdown, as approved, may be used by the Public Works Department Directorto verify the fair value of the work for progress payments.
1-23 PROGRESS ESTIMATES
The Public Works Department Director, shall on or about the fifth day of each calendar month, except as provided in Section 1-23, make in writing and certify to the City Clerk an estimate such as in his opinion shall be just and fair, of the amount and value of the work done by the Contractor and of the amount and value of all acceptable materials furnished and delivered by the Contractor to the site and not used up to that time in the performance of the contract. To the figure thus arrived at, shall be added any amounts due the Contractor for extra work and the amount of any approved claims for extra cost to the date of the progress estimate.
A deduction of five percent (5%) shall be made from the estimated value of the work done and fifty percent (50%) of the value of the materials so estimated to have been furnished and delivered and unused, and from the remainder there shall be further deducted any amounts due the City from the Contractor for supplies or materials furnished or services rendered and any other amounts that may be due the City under the terms of the contract. From the balance thus determined shall be deducted the amount of all previous payments and the remainder shall constitute the progress estimate for that month.
Such progress estimates shall not be required to be made by strict measurement, but they may be made by measurement or by estimation, or partly by one method or partly by the other, and it shall be sufficient if they are approximate only.
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Pursuant to California Public Contract Code Section 22300, the Contractor has the option of substituting securities for any money that is withheld under this section. 1-24 PROGRESS ESTIMATES MAY BE WITHHELD
The progress estimates provided for in Section 1-23 hereof may at any time be withheld or reduced if, in the opinion of the Public Works Department Director, the Contractor is not diligently and efficiently endeavoring to comply with the intent of the contract, or if the Contractor shall fail to pay his labor and material bills as they become due. 1-25 PROGRESS PAYMENTS
(a) Upon each progress estimate being made and certified in writing, the City shall, within fifteen (15) days after the date of such estimates, except as stipulated in Subsection (b) hereof, pay to the Contractor the amount stated in such estimates to be due the Contractor; provided, however, that the City may at all times reserve and retain from such progress payments, in addition to the retained percentage and other amounts above mentioned to be deducted in computing the progress estimated, any sum or sums which by the terms hereof, or of any law of the State of California, it is or may be authorized or required to reserve or retain; and provided further, that no progress estimate or progress payment shall constitute an acceptance of the work or any portion thereof. The percentage deducted as above set forth shall become due and payable with and as a part of the final payment to be made as hereinafter provided. (b) In the event the contract or any part thereof shall be suspended as provided in Section 1- 17, the retained percentage as provided in Section 1-23, shall become the sole and absolute property of the City to the extent necessary to repay to the City any excess in the cost of the work above the contract price. After issuance of notice to discontinue work, no payments upon progress estimates or otherwise shall thereafter be made the Contractor for the work covered by said notice until completion of the work. 1-26 FINAL ESTIMATE AND PAYMENT
(a) Whenever in the opinion of the Public Works Department Director the Contractor shall have completely performed the contract on his part, the Public Works Department Director will submit to the Contractor a written statement of the final quantities of contract items for inclusion in the final estimate. The Contractor will be expected to submit his written approval of said proposed final quantities within five (5) days of receipt of the Public Works Department Directorstatement, or in the event the Contractor disagrees with such written statement, shall within said period of five (5) days file a written statement of all claims, which he intends to present.
(b) Upon receipt from the Contractor of written approval of the final quantities or such written statement of his claims, the Public Works Department Director shall make in writing and NRIP Calexico Reach -31-
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certify to the City Clerk an estimate in which he shall state, from actual measurements, the whole amount of work done by the Contractor and also the value of such work under and according to the terms of the contract. Within ten (10) days after the date of receipt of the aforesaid approval or state of claims, the Public Works Department Manager shall cause to be filed, on behalf of the City, in the Office of the Imperial County Recorder, a Notice of Completion of the work herein agreed to be done by the Contractor. On the expiration of thirty-five (35) days after the filing of such notice of completion of the work, the City shall pay to the Contractor the amount remaining after deducting from the amount of value stated in the first mentioned estimate all prior payments to the Contractor and all amounts to be kept and retained under the provisions of the contract. (c) All prior estimates upon which partial payments have been made shall be subject to correction in the final estimate. The final estimate and payments made there under shall be final and conclusive upon the Contractor.
1-27 RECOVERY OF DAMAGES
The making of an estimate and payment in accordance therewith shall not preclude the City from demanding and recovering from the Contractor such damages as it may sustain by reason of his failure to comply with the specifications.
1-28 FINAL PAYMENT TERMINATES LIABILITY
The acceptance by the Contractor of the final payment aforesaid shall be a release to the City and its agents from all claim and liability to the Contractor for anything done or furnished for or relating to the work or for any act or neglect of the City or of any person relating to or affecting the work except the claim against the City for the remainder, if any, of the amount kept or retained as provided in Section 1-31.
1-29 NO PERSONAL LIABILITY
No agent of the City shall be personally responsible for any liability arising under the contract. No claims shall be made or filed and neither the City nor any of its agents shall be liable for or held to pay any money, except as specifically provided in the contract. 1-30 MONIES MAY BE RETAINED
The City may keep any monies which would otherwise be payable at any time hereunder and apply the same, or so much as may be necessary therefore, to the payment of any expense, losses or damages as determined by the Public Works Department Director incurred by the City for which the Contractor is liable under the contract.
1-31 UNPAID CLAIMS
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If, upon or before the completion of the work herein agreed to be performed or at any time prior to the expiration of the period within such claims of liens may be filed for the record as prescribed by Section 3179 of the Civil Code of the State of California, any person or persons claiming to have performed any labor or furnished any material, supplies or services toward the performance or completion of this contract, or that they have agreed to do so, shall file with the City a verified statement of such claim, stating in general terms the kind of labor and materials and the name of the person to or for whom the same was done or furnished, or both, together with a statement that the same has not been paid or if any person or persons shall bring against the City or against any agent or agents thereof any action to enforce such claim, the City shall until the discharges thereof withhold from the monies under its control so much of said monies due or to become due the Contractor under this contract as shall be sufficient to satisfy and discharge the amount in such notice or under such action claimed to be due, together with the costs thereof; provided that if the City shall in its discretion permit the Contractor to file such additional bonds as is authorized by Section 3196 of the Civil Code, in a penal sum equal to one and one-fourth (1-1/4) times the amount of said claim, said monies shall not thereafter be withheld on account of such claim. 1-32 ADDITIONAL SURETY
If during the continuance of the contract, any of the sureties upon the faithful performance bond in the opinion of the Public Works Department Director are/or become insufficient, he may require additional sufficient sureties which the Contractor shall furnish, to the satisfaction of the Public Works Department Director, within fifteen (15) days after notice and in default thereof the contract may be suspended and the work completed as provided in Section 1-17 hereof. 1-33 PREVAILING RATE OF PER DIEM WAGES
The City has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft or type of workman or mechanic needed to execute the contract and has specified same in the Notice of Inviting Bids which is attached hereto and made a part of the contract. The Contractor shall forfeit as a penalty to the City of not more than fifty dollars ($50) for each laborer, workman, or mechanics employed for each calendar day or portion thereof, such laborers, workman or mechanic is paid less than the said stipulated rates for any work done under the contract by him or by any subcontractor under him in violation of the provisions of the California Labor Code.
1-34 PAYMENT OF WAGES
The issuance as payment for wages of any evidence of indebtedness is prohibited unless the same is negotiable and payable on demand without discount. Wages must be paid at least semimonthly on regular pay days established in advance and shall include all amounts for labor or services performed by employees of every description as required under the provisions of the California Labor Code.
1-35 EIGHT HOUR LAW
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The Contractor shall comply with all applicable provisions of Section 1810 to 1816, inclusive, of the California Labor Code relating to working hours. The time of service of any laborer, workman or mechanic employed on the work shall be limited and restricted to eight hours during any one calendar day, except in cases of an extraordinary emergency caused by fire, flood or danger to life or property and the Contractor shall forfeit as a penalty to the City of twenty-five dollars ($25.00) for each such laborer, workman or mechanic employed in the execution of this contract by him or any subcontractor under him for each calendar day during which such laborer, workman or mechanic is required or permitted to labor more than eight hours in violation of the provisions of the California Labor Code.
1-36 OVERTIME - NO EXTRA COMPENSATION
Overtime work (i.e., work in excess of eight hours in any one calendar day or work performed on a Sunday or other legal holiday) shall not entitle the Contractor to any compensation for any contract item in addition to that stipulated in the contract for the kind of work performed even though such overtime or legal holiday work may be required under emergency conditions, and may be ordered by the Public Works Department Directorin writing. In case of extra work ordered by the Public Works Department Director under the provisions of Section 1-21 hereof, no additional payment will be made to the Contractor because of the payment by him of overtime or legal holiday rates for such work, unless the use of overtime or legal holiday work in connection with such extra work is specifically ordered in writing by the Public Works Department Director and then only to such extent as extra payment is regularly being made by the Contractor to his men for overtime or legal holiday work of a similar nature in the same locality. 1-37 CHARACTER OF WORKMEN
None but skilled workmen shall be employed on work requiring special qualifications. When required in writing by the Public Works Department Manager, the Contractor or any subcontractor shall discharge any person who is in the opinion of the Public Works Department Director, incompetent, unfaithful, disorderly or otherwise unsatisfactory and shall not again employ such discharged person on the work except with the consent of the Public Works Department Director.
Such discharge shall not be the basis of any claim for compensation or damage against the City or any of its officers.
1-38 SAMPLES AND TESTS
At the option of the Public Works Department Director, the source of supply of each of the materials shall be approved by the Public Works Department Director before delivery is started and before such material is used in the work. Representative preliminary samples of the character and quality prescribed shall be submitted by the Contractor or producer of all materials to be used in the work for testing or examination as desired by the Public Works Department Director.
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All tests of materials furnished by the Contractor shall be made in accordance with commonly recognized standards of national organizations, and such special methods and tests are prescribed in these specifications.
The Contractor shall furnish such samples of materials as are requested by the Public Works Department Director, without charge. No material shall be used until it has been approved by the Public Works Department Director. Samples will be secured and tested whenever necessary to determine the quality of material.
1-39 INSPECTION
The Public Works Department Director, City Public Works Department Manager, City Construction Manager (DCE), City Project Manager, city inspectors, other city agents and agents from the California Department of Water Resources and State Water Resources Control Board shall at all times have access to the work during construction, and shall be furnished with every reasonable facility for ascertaining full knowledge respecting the progress, workmanship and character of materials used and employed in the work.
Whenever the Contractor varies the period, which work is carried on each day, he shall give due notice to the Public Works Department Director/City Manager and City Construction Managerso that proper inspection may be provided. Any work done in the absence of the Public Works Department Director or his/her designee will be subject to rejection. The inspection of the work shall not relieve the Contractor of any of his obligations to fulfill the contract as prescribed.
Defective work shall be made good and unsuitable materials may be rejected notwithstanding the fact that such defective work and unsuitable materials have been previously overlooked by the Public Works Department Director and accepted or estimated for payment. 1-40 DEFECTIVE WORK OR MATERIALS
(a) If the work, or any part thereof, shall be found defective at any time before the final acceptance of the whole work, the Contractor shall forthwith make good such defects without compensation in a manner satisfactory to the Public Works Department Director, and the cost of any excess material furnished by the City shall be borne by the Contractor. (b) All materials not conforming to the requirements of these specifications shall be considered as defective and all such material whether in place or not shall be rejected and shall be removed immediately from the site of the work unless otherwise permitted by the Public Works Department Director. No rejected material, the defects of which have been subsequently corrected shall be used until approved in writing by the Public Works Department Director.
(c) Upon failure on the part of the Contractor to comply with any order of the Public Works Department Director made under the provisions of this article, the Public Works Department Directorshall have authority to remove and replace defective material and to NRIP Calexico Reach -35-
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deduct the cost of removal and replacement from any monies due or to become due the Contractor.
1-41 USE OF COMPLETED PORTIONS
The City may at any time during progress of the work, after written notice to the Contractor, take over and place in service any completed portions of the work which are ready for service, although the entire work of the contract is not fully completed and notwithstanding the time for completion of the entire work or such portions which may not be expired. In case, the City shall issue certificates of acceptance for such portions of the work but such taking possession thereof shall not be deemed an acceptance of any other portion of the work, nor of any incomplete portions, nor of any work not completed in accordance with the contract documents. 1-42 PROPERTY RIGHTS IN MATERIALS
Nothing in this 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 the value of unused material delivered to the site of the work as provided for in Section 1-23 hereof. All such materials attached or affixed or unused shall become the property of the City.
1-43 TITLE TO MATERIALS FOUND ON THE WORK
The right to the use of all soil, stone, gravel, sand and all other materials and equipment developed or obtained in the excavation or other operations by the Contractor or any subcontractor or any of their employees and the right to use and/or dispose of the same are hereby expressly reserved in the City and neither the Contractor, nor any subcontractor nor any of their employees shall have any right, title or interest in or to any part thereof nor shall they, nor any of them, assert or make any claim thereto. The Contractor shall be permitted to use in the work, without charge, any such materials, which meet the requirements of these specifications. 1-44 ENFORCEMENT OF ORDER
The Contractor shall be responsible for maintaining good order at the site where work is performed under this contract and to that end shall employ such watchmen or other persons as may be required. Unauthorized persons shall be excluded from the site of the work. The Contractor shall not sell, nor shall he permit or suffer the introduction or use of intoxicating liquors or narcotics upon the works embraced in these specifications or upon any of the grounds occupied or controlled by him in connection with such works.
1-45 PATENTS AND COPYRIGHTS
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The Contractor shall hold and save the City, it officers, agents and employees harmless from liability of any nature and kind including costs and expenses for or on account of any copyrighted or uncopyrighted composition, secret process, patented or unpatented invention, article or appliance manufactured, furnished or used by him in the performance of this contract, including their use by the City, unless otherwise specifically stipulated in the contract. 1-46 LAWS AND REGULATIONS
(a) The Contractor shall keep itself fully informed of all Federal and State laws, County and City ordinances and regulations which in any manner affect those engaged or employed on the work or the materials used in the work or in any way affecting the conduct of the work. If any discrepancy or inconsistency should be discovered in this contract, or in the drawings or specifications herein referred to in relation to any such law, ordinance or regulation, he shall forthwith report the same in writing to the Public Works Department Director. The Contractor shall, at all times, observe and comply with and shall cause all its agents and employees to observe and comply with all such applicable laws, ordinances and regulations in effect or which may become effective before completion of this contract. The Contractor shall protect and indemnify the City and its officers and agents against any claim or liability arising from or based on the violation of any such law, ordinance or regulation whether by the Contractor itself or by its employees.
(b) Except as otherwise explicitly provided elsewhere in these specifications, all permits and licenses necessary to the prosecution of the work shall be secured by the Contractor at his own expense, and he shall pay all taxes properly assessed against his equipment or property used or required in connection with the work.
(c) All federal and state laws and regulations now imposed by competent authority and relating to any materials required to be furnished under these specifications and work required to be done hereunder shall be deemed to be and hereby are made controlling and part of these specifications.
1-47 SALES AND/OR USE TAXES
Except as may be otherwise provided herein, all sales and/or use taxes assessed by Federal, State or local authorities on materials used or furnished by the Contractor in performing the work hereunder shall be paid by the Contractor.
1-48 RESPONSIBILITY FOR DAMAGE
(a) Indemnity Agreement
Except for the gross negligence or willful misconduct of an Indemnitee (as hereinafter defined), the Contractor hereby assumes liability for and agrees to defend (at Indemnitees’ option), indemnify, protect and hold harmless City and its Project Consultants, and Engineers, officers, agents, and employees (“Indemnitees”) from and against any and all claims, charges, damages, demands, actions, proceedings, losses, stop notices, costs, NRIP Calexico Reach -37-
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expenses (including counsel fees), judgments, civil fines and penalties, liabilities of any kind or nature whatsoever, which may be sustained or suffered by or secured against the Indemnitees arising out of or encountered in connection with this Agreement or the performance of the work including, but not limited to, death of or bodily or personal injury to persons or damage to property, including property owned by or under the care and custody of City, and for civil fines and penalties, that may arise from or be caused, in whole or in part, by any negligent or other act or omission of Contractor, its officers, agents, employees or subcontractors including, but not limited to, liability arising from:
1. Any dangerous, hazardous, unsafe or defective condition of, in or on the premises, of any nature whatsoever, which may exist by reason of any act, omission, neglect, or any use of occupation of the premises by Contractor, its officers, agents, employees, or subcontractors;
2. Any operation conducted upon or any use or occupation of the premises by Contractor, its officers, agents, employees, or subcontractors under or pursuant to the provisions of this contract or otherwise;
3. Any act, omission or negligence of Contractor, its officers, agents, employees, or subcontractors.
4. Any failure of Contractor, its officers, agents or employees to comply with any of the terms or conditions of this contract or any applicable federal, state, regional, or municipal law, ordinance, rule or regulation; and
5. The conditions, operations, uses, occupations, acts, omissions or negligence referred to in sub-subsections (1), (2), (3), and (4), existing or conducted upon or arising from the use or occupation by Contractor on any other premises in the care, custody and control of City.
The Contractor also agrees to indemnify City and pay for all damage or loss suffered by City including but not limited to damage to or loss of City property, to the extent not insured by City and loss of City revenue from any source, caused by or arising out of the conditions, operations, uses, occupations, acts, omissions or negligence referred to in sub-subsections (1), (2), (3), (4), and (5).
Contractor’s obligations under this Section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City.
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Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this agreement. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section.
Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this agreement or this section.
This Indemnity shall survive termination of the Agreement of Final Payment hereunder. This Indemnity is in addition to any other rights or remedies that the Indemnitees may have under the law or under any other contract documents or Agreements. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, City may, in its sole discretion, reserve, retain or apply any monies to the Contractor under this Agreement for the purpose of resolving such claims; provided, however, City may release such funds if the Contractor provides City with reasonable assurance of protection of the Indemnitees’ interests. City shall, in its sole discretion, determine whether such assurances or reasonable. (b) Insurance Requirements
Prior to the beginning of and throughout the duration of the work, Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, it will be amended to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to the City.
Contractor shall provide the following types and amounts of insurance:
1. Commercial General Liability Insurance using Insurance Services Office “Commercial General Liability” policy form CG 00 01 or the exact equivalent.
Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate.
Contractor’s policy shall contain no endorsementslimiting coverage beyond the basic policy coverage grant for any of the following:
• Explosion, collapse or underground hazard (XCU)
• Products and completed operations
• Pollution liability
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• Contractual liability
Coverage shall be applicable to City for injury to employees of: contractors, subcontractors or others involved in the project. Policy shall be endorsed to provide a separate limit applicable to this project.
2. Workers Compensation on a state-approved policy form providing statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident for all covered losses.
3. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 06 92 including symbol 1 (Any Auto) or the exact equivalent. Limits shall be no less than $1,000,000 per accident, combined single limit. If Contractor owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Contractor or Contractor’s employees will use personal autos in any way on this project, Contractor shall provide evidence of personal auto liability coverage for each such person.
4. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverage. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Contractor, subcontractors or others involved in the work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $2,000,000 per occurrence and aggregate.
5. Course of Construction insurance shall provide “all risk” coverage for the completed value of the project. Policies shall contain the following provisions:
(1) City shall be named as loss payee; and (2) the insurer shall waive all rights of recovery against the City.
Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the State of California and with an A.M. Best rating of A- or better and minimum financial size VII.
(c) Additional Requirements
Contractor and City further agree as follows:
1. Contractor agrees to endorse the third party general liability coverage required herein to include as additional insured City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition date of 1985. Contractor also agrees to NRIP Calexico Reach -40-
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require all contractors, subcontractors and anyone else involved in any way with the project contemplated by this agreement, to do likewise.
2. Any waiver of subrogation express or implied on the part of City to any party involved in this agreement or related documents applies only to the extent of insurance proceeds actually paid. City, having required that it be named as an additional insured to all insurance coverage required herein, expressly retains the right to subrogate against any party for sums not paid by insurance. For its part, Contractor agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors, subcontractors or others involved in any way with the project contemplated by this agreement, to do likewise.
3. All insurance coverage maintained or procured by Contractor or required of others by Contractor pursuant to this agreement shall be endorsed to delete the subrogation condition as to City, or to specifically allow Contractor or others providing insurance herein to waive subrogation prior to a loss. This endorsement shall be obtained regardless of existing policy wording that may appear to allow such waivers.
4. It is agreed by Contractor and City that insurance provided pursuant to these requirements is not intended by any party to be limited to provide coverage for the vicarious liability of City, or to the supervisory role, if any, of City. All insurance coverage provided pursuant to this or any other agreement (express or implied) in any way relating to City is intended to apply to the full extent of the policies involved.
Nothing referred to here or contained in any agreement involving City in relation to the project(s) contemplated by this agreement is intended to be construed to limit the application of insurance coverage in any way.
5. None of the coverage required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contractor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) which may affect City’s protection without City’s prior written consent.
7. Proof of compliance with these insurance requirements, consisting of binders of coverage, or endorsements, or certificates of insurance, at the option of City, shall be delivered to City at or prior to the execution of the agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contractor or deducted from sums due Contractor, at City option.
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8. Contractor agrees to endorse, and to require others to endorse, the insurance provided pursuant to these requirements, to require 30 days notice to City and the appropriate tender prior to cancellation of such liability coverage and notice of any material alteration or non-renewal of any such coverage, and to require contractors, subcontractors, and any other party in any way involved with the project contemplated by this agreement to do likewise.
9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contractor or any subcontractor, is intended to apply first and on a primary non-contributing basis in relation to any other insurance or self insurance available to City.
10. Contractor agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review.
11. Contractor agrees that all layers of third party liability coverage required herein, primary, umbrella and excess, will have the same starting and expiration date.
Contractor agrees further that all other third party coverage required herein will likewise have concurrent starting and ending dates.
12. Contractor agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, architect, engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to City. If Contractor’s existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Contractor, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions.
13. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City will negotiate additional compensation proportional to the increased benefit to City.
14. For purposes of applying insurance coverage only, all contracts pertaining to the project will be deemed to be executed when finalized and any activity commences in furtherance of performance under this agreement.
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15. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard.
16. Contractor will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement.
This obligation applies whether or not the agreement is canceled or terminated for any reason. The insurance shall include but not be limited to products and completed operations and discontinued operations, where applicable. Termination of this obligation is not effective until City executes a written statement to that effect.
17. Contractor agrees to waive its statutory immunity under any workers’ compensation statute or similar statute, in relation to the City, and to require all subcontractors and any other person or entity involved in the project contemplated by this agreement to do likewise.
18. Requirements of specific coverage features are not intended as limitations on other requirements or as a waiver of any coverage normally provided by any given policy.
Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be all inclusive.
19. Any provision in any of the construction documents dealing with the insurance coverage provided pursuant to these requirements is subordinate to and superseded by the requirements contained herein. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such.
20. All liability coverage provided according to these requirements must be endorsed to provide a separate aggregate limit for the project that is the subject of this agreement and evidencing products and completed operations coverage for not less than two years after issuance of a final certificate of occupancy by all appropriate government agencies or acceptance of the completed work by City.
21. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.
1-49 TRESPASS
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The Contractor shall be responsible for all damage or injury, which may be caused on any property by trespass of the Contractor's employees in the course of their employment whether the said trespass was committed with or without the consent or knowledge of the Contractor. 1-50 SAFETY, SANITARY AND MEDICAL REQUIREMENTS
The Contractor and itssubcontractors, if any, and employees shall promptly and fully carry out the existing safety, sanitary and medical requirements as may from time to time be prescribed by the City or by Imperial County or State Health Departments to the end that proper work shall be done and the safety and health of the employees and of the community may be observed and safeguarded. In case such regulations and orders are not observed by the Contractor,they may be enforced by the City at the Contractor's expense.
1-51 PROTECTION AND CLEAN UP
The Contractor shall protect and care for all work until completion and acceptance thereof. Before the Contractor makes application for the acceptance of the work, all rubbish, excess earth and rock or surplus materials shall be removed leaving the site in a neat, orderly and presentable condition. 1-52 LABOR DISCRIMINATION
No discrimination shall be made in the employment of persons upon Public Works because of the race, color, religious creed, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age or sexual orientation of such persons except as provided in Section 12940 of the California Government Code, and every contractor for Public Works violating Section 1735 of the California Labor Code is subject to all penalties imposed for a violation of Chapter 1, of Part 7, of Division 2 of the California Labor Code. 1-53 APPRENTICES
Attention is directed to the provisions of Sections 1777.5 and 1777.6 of the Labor Code concerning the employment apprentices by the Contractor or any subcontractor under him. The Contractor and any subcontractor under him shall comply with the requirements of said sections in the employment of apprentices.
Information relative to Apprenticeship Standards Wage Schedules and other requirements may be obtained from the Director of Industrial Relations, Ex Officio the Administrator of Apprenticeship - San Francisco, California or from the Division of Apprenticeship Standards and its branch offices. 1-54 PRECONSTRUCTION CONFERENCE
Before the start of construction, the Public Works Department Directorshall arrange to meet with the City Public Works Department Manager, City Construction Manager, City Project Manager, and NRIP Calexico Reach -44-
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Contractor to discuss the requirements on such matters as project supervision, on-site inspections, progress, schedules and reports, payment(s) to Contractor(s), safety and other items pertinent to the project. At this conference, all parties should be prepared to discuss any anticipated problems. 1-55 SUBCONTRACTING LISTING
(a) Any person making a bid or offer to perform the work described in this contract shall in his bid or offer set forth:
1. The name and location of the place of business of each subcontractor who will perform work of labor or render service to the Contractor in or about the construction of the work or improvement or a subcontractor licensed by the State of California, who, under the subcontract to the Contractor, especially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications in an amount in excess of one-half (½) of one percent of the Contractors total bid.
2. The portion of the work, which will be done by each such subcontractor under this contract. The Contractor shall list only one subcontractor for each such portion as is defined by the Contractor in his bid.
(b) No Contractor whose bid is accepted shall, without the consent of the City either:
1. Substitute any person as subcontractor in place of the subcontractor designated in the original bid.
2. Permit any subcontractor to be assigned or transferred or allow it to be performed by any other than the original subcontractor listed in the bid.
3. Sublet or subcontract any portion of the work in excess or one-half (½) of one percent of the Contractor's bid as to which his original bid did not designate a subcontractor.
(c) Subletting or subcontracting any portion of the work as to which no subcontractor was designated in the original bid shall be permitted only in case of public emergency or necessity, and then only after a finding reduced to writing as public record of the awarding authority setting forth the facts constituting such emergency or necessity. 1-56 LABOR COMPLIANCE
After the City has awarded said project at pre-construction meeting, the City of Calexico Labor Compliance Officer shall present information at this conference regarding State labor law requirements applicable to contract, including prevailing wage requirements, respective record- NRIP Calexico Reach -45-
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keeping responsibilities, the requirements for submittal of certified payroll records and the prohibition against discrimination in employment.
1-57 Termination for Convenience by the City:
(a) The City may terminate performance of the Work called for by the Contract Documents in whole or, from time to time, in part, if the City determines that a termination is in the City's interest.
(b) The Contractor shall terminate all or any part of the Work upon delivery to the Contractor of a Notice of Termination specifying that the termination is for the convenience of the City, the extent of termination, and the Effective Date of such termination. (c) After receipt of Notice of Termination, and except as directed by the City's Representative, the Contractor shall, regardless of any delay in determining or adjusting any amounts due under this Termination for Convenience clause, immediately proceed with the following obligations:
1. Stop Work as specified in the Notice.
2. Complete any Work specified in the Notice of Termination in a least cost/shortest time manner while still maintaining the quality called for under the Contract Documents.
3. Leave the property upon which the Contractor was working and upon which the facility (or facilities) forming the basis of the Contract Document is situated in a safe and sanitary manner such that it does not pose any threat to the public health or safety.
4. Terminate all subcontracts to the extent that they relate to the portions of the Work terminated.
5. Place no further subcontracts or orders, except as necessary to complete the continued portion of the Contract.
6. Submit to the City's Representative, within ten (10) calendar days from the Effective Date of the Notice of Termination, all of the usual documentation called for by the Contract Documents to substantiate all costs incurred by the Contractor for labor, materials and equipment through the Effective Date of the Notice of Termination.
Any documentation substantiating costs incurred by the Contractor solely as a result of the City's exercise of its right to terminate this Contract pursuant to this clause, which costs the contractor is authorized under the Contract documents to incur, shall: (1) be submitted to and received by the Engineer no later than 30 calendar days after the Effective Date of the Notice of Termination; (2) describe the costs incurred with particularity; and (3) be conspicuously identified as NRIP Calexico Reach -46-
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“Termination Costs occasioned by the City's Termination for Convenience.” (d) Termination of the Contract shall not relieve Surety of its obligation for any just claims arising out of or relating to the Work performed.
(e) In the event that the City exercises its rightto terminate this Contract pursuant to this clause, the City shall pay the Contractor, upon the Contractor's submission of the documentation required by this clause and other applicable provisions of the Contract Documents, the following amounts:
1. All actual reimbursable costs incurred according to the provisions of this Contract.
2. A reasonable allowance for profit on the cost of the Work performed, provided Contractor establishes to the satisfaction of the City's Representative that it is reasonably probable that Contractor would have made a profit had the Contract been completed and provided further, that the profit allowed shall in no event exceed fifteen (15%) percent of the costs.
3. A reasonable allowance for Contractor's administrative costs in determining the amount payable due to termination of the Contract under this Article. (f) Notwithstanding any other provision of this Article, when immediate action is necessary to protect life and safety or to reduce significant exposure or liability, the Citymay immediately order Contractor to cease Work on the Project until such safety or liability issues are addressed to the satisfaction of the City or the Contract is terminated. (g) City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed Work including, without limitation, any overhead and profit on the portion of the Work that is terminated and shall not be entitled to damages or compensation of any kind or nature for termination of Work.
1-58 Phasing; Obtaining of Funding a Condition Precedent (a) For the avoidance of doubt, Contractor acknowledges that it shall be a condition precedent to the obligation of Contractor to perform the Work set forth in Phase II of this Agreement and the City’s obligation to pay therefor that the City secures sufficient funding from California State Water Resources Control Board (“SWRCB”) to pay therefor within six (6) months of the commencement of this Agreement.
(b) For the avoidance of doubt, if the cost of Phase I exceeds $23,795,000, then it shall be a condition precedent to the obligation of Contractor to perform the Work set forth in Phase I.B of this Agreement and the City’s obligation to pay therefor that the City secures sufficient funding from SWRCB to pay therefor within six (6) months of the commencement of this NRIP Calexico Reach -47-
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Agreement.
(c) The City shall attempt in good faith to obtain funding from SWRCB or grant funding from any other source reasonably acceptable to the City sufficient to fund the entirety of the Work set forth in this Agreement but shall otherwise have no obligation to secure such funding.
END OF GENERAL CONDITIONS
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SUPPLEMENTARY GENERAL CONDITIONS (STATE)
CALIFORNIA STATE REQUIREMENTS
1. State Wage Determinations:
a) As required by Sections 1770 and following, of California Labor Code, the CONTRACTOR shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Copies of such prevailing rate of per diem wages are on file at the office of the CITY, which copies shall be made available to any interested party on request. The CONTRACTOR shall post a copy of such determination at each job site.
b) In accordance with Section 1775 of the California Labor Code, the CONTRACTOR shall, as a penalty to the CITY, forfeit not more than $50.00 for each calendar day or portion thereof, for each worker paid less than the prevailing rates as determined by the Director for the work or craft in which the worker is employed for any public work done under the contract by him or her or by subcontractor under him or her.
2. Workers' Compensation:
a) In accordance with the provisions of Section 3700 of the California Labor Code, the CONTRACTOR shall secure the payment of compensation to his employees. b) Prior to beginning work under the Contract, the CONTRACTOR shall sign and file with the CITY the following certification:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the WORK of this Contract."
c) Notwithstanding the foregoing provisions, before the Contract is executed on behalf of the CITY, a bidder to whom a contract has been awarded shall furnish satisfactory evidence that it has secured in the manner required and provided by law the payment of workers' compensation.
3. Apprentices on Public Works:
The CONTRACTOR shall comply with all applicable provisions of Section 1777.5 of the California Labor Code relating to employment of apprentices on public works.
4. Working Hours:
The CONTRACTOR shall comply with all applicable provisions of Section 1810 to 1815, inclusive, of NRIP Calexico Reach -49-
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the California Labor Code relating to working hours. The CONTRACTOR shall, as a penalty to the CITY, forfeit $25.00 for each worker employed in the execution of the Contract by the CONTRACTOR or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week, unless such worker receives compensation for all hours worked in excess of 8 hours at not less than 1-1/2 times the basic rate of pay.
5. CONTRACTOR Not Responsible For Damage Resulting From Certain Acts of God:
As provided in Section 7105 of the California Public Contract Code, the CONTRACTOR shall not be responsible for the cost of repairing or restoring damage to the WORK which damage is determined to have been proximately caused by an act of God, in excess of 5 percent of the contracted amount, provided, that the WORK damaged was built in accordance with accepted and applicable building standards and the plans and specification of the CITY. The CONTRACTOR shall obtain insurance to indemnify the CITY for any damage to the WORK caused by an act of God if the insurance premium is a separate bid item in the bidding schedule for the WORK. For purposes of this Section, the term "acts of God" shall include only the following occurrences or condition and effects: earthquakes in excess of a magnitude of 3.5 on the Richter Scale, and tidal waves.
6. Notice of Completion:
In accordance with the Sections 3086 and 3093 of the California Civil Code, within 10 days after date of acceptance of the WORK by the CITY'S governing body, the CITY will file, in the County Recorder's office, a Notice of Completion of the WORK.
7. Unpaid Claims:
If, at any time prior to the expiration of the period for service of a stop notice, there is served upon the CITY a stop notice as provided in Sections 3179 and 3210 of the California Civil Code, the CITY shall, until the discharge thereof, withhold from the monies under its control so much of said monies due or become due to the CONTRACTOR under this Contract as shall be sufficient to answer the claim stated in such stop notice and to provide for the reasonable cost of any litigation thereunder; provided, that if the CONSTRUCTION MANAGER shall, in its discretion, permit CONTRACTOR to file with the CITY the bond referred to in Section 3196 of the Civil Code of the State of California, said monies shall not thereafter be withheld on account of such stop notice.
8. Concrete Forms, Falsework, and Shoring:
The CONTRACTOR shall comply fully with the requirements of Section 1717 of the Construction Safety Orders, State of California, Department of Industrial Relations, regarding the design of concrete forms, falsework and shoring, and the inspection of same prior to placement of concrete.
Where the said Section 1717 requires the services of a civil engineer registered in the State of California to approve design calculations and working drawings of the falsework or shoring system, or to inspect such system prior to placement of concrete, the CONTRACTOR shall employ a NRIP Calexico Reach -50-
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registered civil engineer for these purposes, and all costs therefore shall be included in the price name in the Contract for completion of the WORK as set forth in the Contract Documents.
9. Retainage From Monthly Payments:
Pursuant to Section 22300 of the California Public Contract Code, the CONTRACTOR may substitute securities for any money withheld by the CITY to insure performance under the Contract. At the request and expense of the CONTRACTOR, securities equivalent to the amount withheld shall be deposited with the CITY or with a state or federally chartered bank as the escrow agent, who shall return such securities to the CONTRACTOR upon satisfactory completion of the Contract. Deposit of securities with an escrow agent shall be subject to a written agreement between the escrow agent and the CITY which provides that no portion of the securities shall be paid to the CONTRACTOR until the CITY has certified to the escrow agent, in writing, that the Contract has been satisfactorily completed. The CITY will not certify that the Contract has been satisfactorily completed until at least 30 days after filing by the CITY of a Notice of Completion. Securities eligible for investment under Section 22300 shall be limited to those listed in Section 16430 of the Government Code and to bank or savings and loan certificates of deposit, interest bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by the CONTRACTOR and the CITY.
10. Public Works Contracts; Assignment to Awarding Body:
In accordance with Section 7103 of the California Public Contract Code (A.B. 3416), the CONTRACTOR and Subcontractors shall conform to the following requirements. In entering a public works contract or a subcontract to supply goods, services, or materials pursuant to public works contract, the CONTRACTOR or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the CONTRACTOR, without further acknowledgement by the parties.
11. Payroll Records; Retention; Inspection; Noncompliance Penalties; Rules and Regulations:
a) In accordance with Section 1776 of the California Labor Code each contractor and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. CONTRACTOR on the following basis:
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1) A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or his or her authorized representative on request.
2) A certified copy of all payroll records enumerated in Paragraph K.1 shall be made available for inspection or furnished upon request to a representative of the body awarding the contract, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations. 3) A certified copy of all payroll records enumerated in Paragraph K.1 shall be made available upon request by the public for inspection or copies thereof made; provided, however, that a request by the public shall be made through either the body awarding the contract, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to Paragraph K.1(b) the requesting party shall, prior to being provided the records, reimburse the costs of preparation by the CONTRACTOR, subcontractors, and the entity through which the request was made.
The public shall not be given access to the records at the principal office of the CONTRACTOR.
b) Each contractor shall file a certified copy of the records, enumerated in Paragraph K.1 with the entity that requested the records within 10 days after receipt of a written request. c) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the awarding body, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual’s name, address, and social security number. The name and address of the CONTRACTOR awarded the contract or performing the contract shall not be marked or obliterated. d) The CONTRACTOR shall inform the body awarding the contract of the location of the records enumerated under Paragraph K.1 including the street address, city and county, and shall, within 5 working days, provide a notice of change of location and address. e) In the event of noncompliance with the requirements of this Section, the CONTRACTOR shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects the CONTRACTOR must comply with this Section. Should noncompliance still be evident after the 10-day period, the CONTRACTOR shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit twenty-five dollars ($25.00) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due.
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12. Cultural Resources:
The CONTRACTOR's attention is directed to the provisions of the Clean Water Grant Program Bulletin 76A which augments the National Historic Preservation Act of 1966 (16 U.S.C. 470) as specified under Section 01560, "Temporary Environmental Controls" of the General Requirements.
13. Protection of Workers In Trench Excavations:
As required by Section 6705 of the California Labor Code and in addition thereto, whenever work under the Contract involves the excavation of any trench or trenches 5 feet or more in depth, the CONTRACTOR shall submit for acceptance by the CITY or by a registered civil or structural engineer, employed by the CITY, to whom authority to accept has been delegated, in advance of excavation, 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 varies from the shoring system standards established by the Construction Safety Orders of the Division of the Industrial Safety, the plan shall be prepared by a registered civil or structural engineer employed by the CONTRACTOR, and all costs therefore shall be included in the price named in the Contract for completion of the WORK as set forth in the Contract Documents. Nothing in this Section shall be deemed to allow the use of a shoring, sloping, or other protective system less effective than that required by the Construction Safety Orders.
Nothing in this Section shall be construed to impose tort liability on the CITY, the CONSTRUCTION MANAGER, the DESIGN CONSULTANT or any of their officers, agents, representatives, or employees.
14. Travel and Subsistence Pay:
a) As required by Section 1773.1 of the California Labor Code, the CONTRACTOR shall pay travel and subsistence payments to each workman needed to execute the WORK, as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with this Section.
b) To establish such travel and subsistence payments, the representative of any craft, classification or type of workman needed to execute the contracts shall file with the Department of Industrial Relations fully executed copies of collective bargaining agreements for the particular craft, classification or type of work involved. Such agreements shall be filed within 10 days after their execution and thereafter shall establish such travel and subsistence payments whenever filed 30 days prior to the call for bids.
15. Removal, Relocation, or Protection to Existing Utilities:
a) In accordance with the provisions of Section 4215 of the California Government Code, any contract to which a public agency as defined in Section 4401 is a party, the public agency shall assume the responsibility, between the parties to the contract, for the timely removal, relocation, or protection of existing main or trunkline utility facilities located on NRIP Calexico Reach -53-
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the site of any construction project that is a subject of the contract, if such utilities are not identified by the public agency in the plans and specifications made a part of the invitation for bids. The agency will compensate CONTRACTOR for the costs of locating, repairing damage not due to the failure of the CONTRACTOR to exercise reasonable care, and removing or relocating such utility facilities not indicated in the plans and specifications with reasonable accuracy and for equipment on the project necessarily idled during such work.
b) The CONTRACTOR shall be assessed liquidated damages for delay in completion of the project, when such delay was caused by the failure of the public agency or the city of the utility to provide for removal or relocation of such utility facilities. c) Nothing herein shall be deemed to require the public agency to indicate the presence of existing service laterals or appurtenances when the presence of such utilities on the site of the construction project can be inferred from the presence of other visible facilities, such as buildings, meter and junction boxes, on or adjacent to the site of construction; provided, however, nothing herein shall relieve the public agency from identifying main or trunklines in the plans and specifications.
d) If the CONTRACTOR while performing the contract discovers utility facilities not identified by the public agency in the contract plans or specifications, he shall immediately notify the public agency and utility in writing.
e) The public utility, where they are the city, shall have the sole discretion to perform such repairs or relocation work or permit the CONTRACTOR to do such repairs or relocation work at a reasonable price.
16. Contractor License Requirements:
In accordance with Section 7028.15 of the California Business and Professions Code, a licensed contractor shall not submit a bid to a public agency unless his or her contractor's license number appears clearly on the bid, and the license expiration date is stated. Any bid not containing this information, or a bid containing information which is subsequently proven false, shall be considered nonresponsive and shall be rejected by the public agency.
17. Certain Claims:
a) Notwithstanding the foregoing, any demand of $375,000 or less, by the CONTRACTOR for a time extension; payment of money or damages arising from the work done by or on behalf of the CONTRACTOR pursuant to this contract; or payment of an amount which is disputed by the CITY shall be processed in accordance with the provisions of Public Contracts Code Section 20104 et seq.
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b) A single written claim shall be filed under this section prior to this date of final payment for all demands arising out of the contract.
c) Within thirty (30) days of the receipt of the claim, the CITY may request additional documentation supporting the claim or relating to defenses or claim the CITY may have against the CONTRACTOR. If the amount of the claim is less than $50,000, the CONTRACTOR shall respond to the request for additional information within fifteen (15) days after the receipt of the request. The CONTRACTOR shall respond to the request within thirty (30) days of receipt if the amount of the claim exceeds $50,000 but is less than $375,000.
d) Unless further documentation is requested, the CITY shall respond to the claim within forty-five (45) days if the amount of the claim is less than $50,000 or sixty (60) days if the amount of the claim is more than $50,000 but less than $375,000. If further documentation is requested, the CITY shall respond within the same amount of time taken by the CONTRACTOR to respond or fifteen (15) days, whichever is greater, after receipt of further information if the claim is less than $50,000. If the claim is more than $50,000 but less than $375,000 and further documentation is requested by the CITY, the CITY shall respond within the same amount of time taken by the CONTRACTOR to respond or thirty (3) days, whichever is greater.
e) If the CONTRACTOR disputes the CITY's response, or the CITY fails to respond, the CONTRACTOR may demand an informal conference to meet and confer for settlement of the issues in dispute. The demand shall be served on the CITY within fifteen (15) days after the deadline of the CITY to respond or within fifteen (15) days of the CITY's response, whichever occurs first. The CITY shall schedule the meet and confer conference within thirty (30) days of the request.
f) If the meet and confer conference does not produce a satisfactory request, the CONTRACTOR may pursue remedies authorized by law.
18. Prohibiting Work by Certain Contactors:
Pursuant to the provisions in Section 1777.1 and 1777.7 of the Labor Code, the Labor Commissioner publishes and distributes a list of contractors ineligible to perform work as a subcontractor on a public works project. This list of debarred contractors is available from the Department of Industrial Relations web site at:
http://www.dir.ca.gov/DLSE/Debar.html
19. Prompt Progress Payment to Subcontractors
A prime contractor or subcontractor shall pay any subcontractor not later than 10 days of receipt of each progress payment in accordance with the provision in Section 7108.5 of the California Business and Professions Code concerning prompt payment to subcontractors. The 10 days is NRIP Calexico Reach -55-
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applicable unless a longer period is agreed to in writing. Any delay or postponement of payment over 30 days may take place only for good cause and with the agency’s prior written approval. Any violation of Section 7108.5 shall subject the violating contractor or subcontractor to the penalties, sanction and other remedies of that section. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor.
20. Prompt Payment of Funds Withheld to Subcontractors
The agency shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the agency, of the contract work, and pay retainage to the prime contractor based on these acceptances. The prime contractor, or subcontractor, shall return all monies withheld in retention from a subcontractor within 30 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the agency. Federal law (49CFR26.29) requires that any delay or postponement of payment over 30 days may take place only for good cause and with the agency’s prior written approval. Any violation of this provision shall subject the violating prime contractor or subcontractor to the penalties, sanctions and other remedies specified in Section 7108.5 of the Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the prime contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor.
21. Federal Lobbying Restrictions
Section 1352, Title 31, United States Code prohibits Federal funds from being expended by the recipient or any lower-tier sub-recipient of a Federal-aid contract to pay for any person for influencing or attempting to influence a Federal agency or Congress in connection with the awarding of any Federal-aid contract, the making of any Federal grant or loan, or the entering into of any cooperative agreement.
If any funds other than Federal funds have been paid for the same purposes in connection with this Federal-aid contract, the recipient shall submit an executed certification and, if required, submit a completed disclosure form as part of the bid documents.
A certification for Federal-aid contracts regarding payment of funds to lobby Congress or a Federal agency is included in the Bid book. Standard Form - LLL, “Disclosure of Lobbying Activities,” with instructions for completion of the Standard Form is also included in the Bid book. Signing the Bid book shall constitute signature of the Certification.
The above referenced certification and disclosure of lobbying activities shall be included in each subcontract and any lower-tier contracts exceeding $100,000. All disclosure forms, but not certifications, shall be forwarded from tier to tier until received by the Engineer.
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The Contractor, subcontractors and any lower-tier contractors shall file a disclosure form at the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed by the Contractor, subcontractors and any lower-tier contractors. An event that materially affects the accuracy of the information reported includes:
(1) A cumulative increase if $25,000 or more in the amount paid or expected to be paid for influencing or attempting to influence a covered federal action; or (2) A change in the person(s) or individual(s) influencing or attempting to influence a covered federal action; or
(3) A change in the officer(s), employees(s), or member(s) contacted to influence or attempt to influence a covered Federal Action.
22. Use of United States-Flag Vessels
The CONTRACTOR agrees1. To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carries, dry cargo liners, and tankers) involved, whenevershipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels.
2. To Furnish within 20 days following the date of loading for shipments originating within the United State or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated “on-board” commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph (1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-of-lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590.
3. To insert the substance of the provisions of this clause in all subcontracts issued pursuant to this contract.
23. Bid Rigging
The U.S. Department of Transportation (DOT) provides a toll-free hotline to report bid rigging activities. Use the hotline to report bid rigging, bidder collusion, and other fraudulent activities.
The hotline number is (800) 424-9071. The service is available 24 hours 7 days a week and is confidential and anonymous. The hotline is part of the DOT's effort to identify and investigate NRIP Calexico Reach -57-
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highway construction contract fraud and abuse and is operated under the direction of the DOT Inspector General.
24. Governor Newsom’s Executive Order N-6-22
Governor Newsom has issued Executive Order N-6-22 regarding compliance of state projects with economic sanctions the US has imposed against Russia. Because the State of California is funding this Project, the subject Executive Order shall also apply to this City Project. A copy of the Order can be found at https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-UkraineExecutive-Order.pdf - END OF CALIFORNIA STATE REQUIREMENTS -
SUPPLEMENTARY GENERAL CONDITIONS
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TECHNICAL SPECIFICATIONS
1.01 TECHNICAL SPECIFICATIONS
The work embraced herein shall be done in accordance with the Technical Specifications prepared by Michael Baker International and dated May 31, 2022, which are incorporated herein in Attachment A of this Bid Document and Specifications.
Please refer Attachment A for the Project’s Technical Specifications. Please also refer to the following section of this document for Additional Work Specifications.
END OF TECHNICAL SPECIFICATIONS
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ADDITIONAL WORK SPECIFICATIONS
1. ORDER OF WORK
Prior to commencement of any work on the Project, a preconstruction conference will be held for the purpose of review and discussion of progress schedule and construction procedures. At the discretion of the Public Works Department Manager and City Construction Manager, periodic meetings involving Project personnel (Contractor, utilities, and others) will be held for the purpose of coordinating Project activities.
2. STARTING AND COMPLETION OF WORK
The work called for in these contract documents shall commence within (10) calendar days after that date set out in the Notice-to-Proceed issued by the City, and shall be diligently pursued to completion within three hundred and fifteen (315) calendar days of said date.
3. FAILURE TO COMPLETE ON TIME AND LIQUIDATED DAMAGES
(See General Conditions 1-19) It is agreed by the parties of the contract that in case of all work called for under the contract is not completed before or upon the expiration of the time limits set forth in these Special Provisions, damages will be sustained by the City of Calexico and that it will be impracticable to determine the actual damage by which the City will sustain in the event of and by reason of such delay and it is therefore agreed that the contractor will pay to the City of Calexico the sum of one thousand five hundred dollars ($1,500.00) per day for each and every day’s delay beyond the time prescribed to complete the work.
4. NOTICE AND POSTING REQUIREMENTS
The Contractor shall post and remove temporary “No Parking” signs as needed. Signs shall be in place for at least 48 hours in advance of commencing of work. Signs may be attached to existing poles, parkway trees, or any available support that may exist in the public right-of-way or the contractor may furnish sign supports as may be necessary.
Multiple notices shall be delivered and hung on door handles of each residence and to each business affected by the construction. The format and content of the notices shall be submitted to the Engineer for approval at least 2 weeks prior to use. Notices will be required as follows:
1)A general notice in all cases will be required 2 weeks in advance of work, describing the sequence of activities that will affect parking and access to properties, to be delivered 2 weeks prior to construction. This notice will generally addressing parking and access for street work with further details to follow on subsequent notices, except detailed information will be required in this first notice to explain the leveling course portion of the work.
5. CONSTRUCTION AREA SIGNS
The Contractor shall furnish, install, maintain, and remove all construction area signs in conformance with the plans and Sections 12-3.06 of the State of California Standard Specifications, NRIP Calexico Reach -60-
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Latest Edition.
6. MOBILIZATION/DEMOBILIZATION
Mobilization/Demobilization shall be in accordance with Section 01 71 13 “Mobilization and Demobilization” of the Technical Specifications.
Mobilization shall consist of preparatory work and operations, including but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidentals to the project site; for the establishment of all offices, buildings, construction yards, sanitary facilities, and any other facilities necessary for work on the project; and for all other work and operations which must be performed or costs incurred prior to beginning work on the various contract items on the project site, as well as the related demobilization costs anticipated at the completion of the project. The cost of all bonds and insurance policies, including premiums and incidentals, shall be included in Mobilization.
No additional compensation will be allowed for additional mobilizations required, including but not limited to, delays caused by the relocation of existing utility facilities shown on the plans or discovered during construction operations.
The amount credited for Mobilization on each monthly progress payment shall be based upon the percentage of the total of the amounts credited for work on all the other contract items for that monthly progress payment, up to a cumulative limit of eighty (80) percent of the contract item price for Mobilization. The remaining twenty (20) percent of the contract item price for Mobilization shall be paid with the final progress payment.
The deletion of work or the addition of extra work as provided for herein shall not affect the price paid for Mobilization.
Payment for mobilization will be measured by Lump Sum as specified on the bid schedule and shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work necessary as specified in the Contract Documents and Specifications, Standard Drawings, supplemental details, these Special provisions, and as directed by the Engineer or his appointed designee.
7. TRAFFIC CONTROL
The Contractor shall maintain two-way traffic in 2nd Street in the area of the Project and, if needed, controlled access to Animal Shelter Drive at all times during construction, in accordance with the “California Manual on Uniform Traffic Controls Devices” (CAMUTCD), latest edition, available through the State of California, Department of Transportation, 1900 Royal Oaks Drive, Sacramento, California 95815.
Personal vehicles of the Contractor’s employees shall not be parked on the traveled way at any time, including any section closed to public traffic.
The contractor shall make every effort to keep driveways open during working hours. After work hours, all driveways shall be accessible and safe.
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The contractor shall keep a minimum of two (2) lanes open in 2nd Street in the area of the Project all day and during construction. Traffic control plans shall be submitted by the contactor and approved by the city. Contractor shall keep entrances to businesses open all day and during construction. After work hours, all driveways and travel lanes shall be accessible and safe In the event of conflict, the order of precedence shall be as follows:
1. Special Provisions
2. Traffic Control Plans
3. California Manual on Uniform Traffic Control Devices (FHWA’s MUTCD Latest edition as amended for use in California), Part 6, Temporary Traffic Control, and Caltrans, Latest edition.
4. Work Area Traffic Control Handbook. (WATCH)
5. Standard Specifications
Traffic Control shall be in accordance with the following Special Provisions:
a. 2nd Street and Animal Shelter Drive in the area of the Project shall remain open to through traffic at all times except when street closure is approved by the City. The Contractor shall make provisions to allow traffic access to the closed streets. The Contractor shall provide a smooth travel way and either a flagger and/or signing to direct traffic. b. The Contractor shall be responsible for the preparation of Traffic Control Plans as necessary for the work. The Traffic Control Plans shall be signed and stamped by a California Registered Traffic Engineer and transmitted to the City for approval no later than fourteen (14) calendar days prior to the scheduled commencement of work. Comments and corrections shall be returned to the Contractor within five (5) working days. The Traffic Control Plans shall conform to the requirements listed in these Technical Provisions; California MUTCD Part 6, Temporary Traffic Control; the Work Area Traffic Control Handbook; and the Specifications.
c. All traffic controls and safety devices, equipment and materials, including but not limited to cones, channelizers, delineators, flashing warning lights, barricades, high level warning devices (telescoping flag trees), flags, signs, markers, portable barriers, temporary railing (Type-K), temporary fencing, flashing arrow signs, changeable message sign, markings, and flagging equipment shall be provided and maintained in “like new” condition. d. The Contractor shall furnish and properly install, construct, erect, use and continuously inspect and maintain, twenty-four (24) hours per day, seven (7) days per week, including holidays, all said devices, equipment and materials and all temporary and permanent pedestrian and driving surfaces as necessary to provide for the safety and convenience of, and to properly warn, guide, control, regulate, channelize and protect the vehicular traffic, pedestrian traffic, project workers, and the public throughout the entire limits of the work activity and beyond said limits as necessary to include areas affecting or affected by the work, from the date of Notice to Proceed to the completion and acceptance of the work.
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INVITATION TO BID
e. High-level warning devices (telescoping flag trees) are required at all times for work being performed within the roadway unless otherwise specifically approved by the City. f. All barricades shall be equipped with flashing warning lights, and all traffic cones shall be no less than 711 mm (28 in) in height, except that shorter cones, 305 mm (12 in) minimum height, may be permitted during striping maintenance operations where the only function of the cone is to protect the wet paint from the traffic. The entire area of orange and white stripes for barricades shall be Type I, engineering grade, or Type II, super engineering grade, retro-reflective sheeting conforming to the requirements of ASTM Designation: D 4956-95.
g. Type III barricades, no less than 1.83 m (6 ft) in length and equipped with two (2) Type “N” markers each and two (2) portable flashing beacons each, shall be used to close streets, except as otherwise specifically approved by the Engineer for minor maintenance work of no more than one (1) working day’s duration, on weekdays, or on holidays only, and limited to the hours between 8:30 a.m. and 3:30 p.m. Said barricades shall be placed across the full roadway at each point of closure with the distance between barricades, or between barricades and curbs, not exceeding 914 mm (3 ft) except that one (1) 3.3 m (11 ft) wide gap between barricades shall be provided at the center of the street. Barricades to the right of the street’s center, facing the inbound vehicular traffic, shall also be equipped with one (1) R11-2, “Road Closed” sign, one (1) R11-4, “Road Closed to Thru Traffic,” sign, and a Type P warning sign.
h. Channelizers shall be surface mounted type and shall be furnished, placed and maintained at the locations shown on the Plans or as approved by the Engineer, and shall conform to the provisions in Section 12-3.07, “Channelizers,” of the State of California Standard Specifications, Latest Edition, and these Special Provisions.
When no longer required for the work as determined by the Engineer, channelizers (except channelizers to be left in place), and underlying adhesive used to cement the channelizer bases to the pavement, shall be removed. Removed channelizers and adhesive shall become the property of the Contractor and shall be removed from the site of work. i. Reflectorized (both sides) temporary self-adhesive markers, 100 mm (4 in) wide, shall be applied to unstriped pavement surface before opening the travel way to public traffic.
Reflectorized temporary yellow markers shall be used for to delineate the centerline to separate opposing traffic. Reflectorized temporary white markers shall be used to delineate lanes of travel and placed in 600 mm (24 in) intervals transverse to the road to delineate stop bars and limit lines.
The reflectorized temporary markers shall be removed the same day the first coat of striping has been placed on the pavement. The removal of the markersshall be done such a way that the pavement is not damaged.
j. Except as otherwise approved by the Engineer, two-way vehicular traffic shall be maintained at all times within two (2) 3.3 m (11 ft) wide lanes on streets having an NRIP Calexico Reach -63-
INVITATION TO BID
effective roadway width of 13.4 m (44 ft) or more with restricted parking. Other streets of lesser widths may be reduced to one (1) 3.6 m (12 ft) wide lane with work activity being limited to one side at a time, and the one-way vehicular traffic being maintained at all times by properly trained and experienced flaggers. All lane closures shall have flashing arrow signs to provide additional, high level, advanced warning. No reduction of the traveled way width shall be permitted on any City street before 8:30 a.m. nor after 3:30 p.m., on weekends or holidays, or when active work is not being done, unless otherwise approved by the Engineer.
k. Properly trained and experienced flaggers shall be provided to direct traffic when said traffic is to be interrupted, when two-way traffic is to be reduced to one-way traffic, and at other such times as is necessary to safely pass traffic through or around the work area and when so directed by the Engineer.
l. Vehicular access to occupied residential property may be restricted on weekdays, other than holidays, between the hours of 8:30 a.m. and 3:30 p.m. while essential work activity is taking place only upon approval by the Engineer and providing the Contractor gives the property owner or resident at least forty-eight (48) hour advance written and oral notice.
Convenient and safe pedestrian access to schools, churches, occupied residential and business property shall be maintained at all times. Access to mailboxes shall be maintained at all times such that the postal delivery service is not interrupted. Trash pick-up services shall not be interrupted. Access to vacant and unused property may be restricted when approved by the Engineer. Both vehicular and pedestrian access shall be maintained at all times to all other property except as otherwise specifically authorized in writing by the Engineer.
m. Vehicular access to business, school and church driveways shall be maintained at all times during construction.
n. Traffic control and safety devices and equipment being used that becomes damaged, destroyed, faded, graffitied, encrusted, soiled, misplaced, worn out, inoperative, lost, or stolen shall be promptly repaired, refurbished, or replaced. Traffic control and safety devices and equipment being used, that are displaced or not in an upright position from any cause, shall be promptly returned or restored to their proper position. o. An unobstructed view of all signs and warning devices including, but not limited to, stop signs, stop ahead signs, street name signs, and other regulatory, warning and construction signs, markers, and warning devices shall be maintained at all times. All speed limit signs shall be black on white with signs at either end of the project notifying the motoring public that fines are doubled in construction zones. No trucks or other equipment or materials shall be stopped, parked, or otherwise placed so as to obscure said signs, markers and devices from the view of the vehicular and pedestrian traffic to which it applies. p. When entering or leaving roadways carrying public traffic, the Contractor’s equipment, whether empty or loaded, shall yield to said public traffic at all times, except where the traffic is being controlled by police officers, fire officers, properly trained and experienced NRIP Calexico Reach -64-
INVITATION TO BID
flaggers, or at traffic signalized intersections.
q. Stockpiling or storage of materials on any public right-of-way or parking area will not be allowed without the specific written permission of the Engineer. Materials spilled along or on said right-of-way or parking area shall be removed completely and promptly. All stockpile and storage areas shall be maintained in a safe, neat, clean, and orderly condition, and shall be restored to equal or better than original condition upon completion of the work.
r. On projects involving work on, closure of, or partial closure of existing streets, and where vehicular access to the abutting property must be restricted, the work shall be so selected, arranged and scheduled that the person(s) requiring access to said abutting property and residents along said streets affected will be able to park within a reasonable distance of not more than 150m (500’) from their homes or destination. In addition, no two adjoining streets shall be closed at the same time, except as otherwise approved by the Engineer.
Residents must be given written notice of such restrictions a minimum of 48 hours in advance.
s. When work has been completed on a particular street or has been suspended or rescheduled, and said street is to be opened to vehicular traffic, all equipment, “NO PARKING” signs, other obstructions, and unnecessary traffic control devices and equipment shall be promptly removed from that street, except as otherwise approved by the Engineer.
t. Should the Contractor be neglectful, negligent, or refuse, fail, or otherwise be unavailable to promptly, satisfactorily, and fully comply with the provisions specified and referred to herein above, the City reserves the right to correct or mitigate any situation, that in the sole opinion of the Engineer, constitutes a serious deficiency or serious case of noncompliance, by any means at its disposal at the Contractor’s or permittee’s expense, and shall deduct the cost therefore from the Contractor’s progress or final payments. Such corrective action taken by the City shall not reduce or abrogate the Contractor’s legal obligations and liability for proper traffic control and safety measures and shall not serve to transfer said obligations and liabilities from the Contractor to the City or the City’s agents. u. Violations of any of the above Provisions or provisions of the referenced publications, unless promptly and completely corrected to the satisfaction of the Engineer, shall, at the sole discretion of the City, be grounds for termination of the Contract, or shut down or partial shutdown of the work, without compensation to the Contractor or permittee, or liability to the City, all as prescribed by contractual obligation or State law, whichever is applicable.
Payment for Traffic Control will be measured by Lump Sum as specified on the bid schedule and shall include full compensation for, but not limited to, furnishing all labor (including flagging costs), materials (including construction area signs), tools, equipment, traffic control Plans and revisions, and incidentals, and for doing all the work involved in placing, removing, storing, maintaining, moving to new locations, replacing and disposing of the components of the traffic control including NRIP Calexico Reach -65-
INVITATION TO BID
lights, channelizers (surface mounted), temporary railing (Type K) markers, delineators, temporary striping and pavement marking, barricades, portable flashing beacons, flashing arrow signs, portable changeable message signs, as shown on the Plans, as specified in the Standard Specifications and these Special Provisions, and as directed by the Engineer.
Full compensation for removing and salvaging the traffic control equipment and materials that are to be reused or reset in the project shall be considered as included in the Contract lump sum price paid for the traffic control system and no additional compensation will be allowed therefore.
Partial payment for traffic control shall be based on the percentage of total value of work completed on the other items listed under each schedule as of each progress pay estimate.
8. WATER POLLUTION CONTROL
The Contractor shall obtain coverage under and comply with (1) the State Water Resources Control Board General NPDES Permit for Stormwater Discharges Associated with Construction and Land Disturbance Activities (hereafter “SWRCB General Stormwater NPDES Permit”); and (2) the Colorado River Basin Regional Water Quality Control Board General Waste Discharge Requirements and NPDES Permit for Low Threat Discharges to Surface Waters in the Colorado River Basin Region (hereafter “RWQCB Low Threat Discharges NPDES Permit”). The latter permit is required for discharging wastewater from the Project’s dewatering activities into the New River. a. SWRCB Stormwater NPDES Permit—This item shall include full compensation for the permit’s fee and furnishing all labor, materials, tools, equipment, and incidentals for doing all the work involved in developing, preparing, obtaining approval of, revising, and amending the PRDs, and installing, constructing, maintaining, removing, and disposing of BMPs as shown in the SWPPP, as specified in the CASQA Handbooks and Sample Contractor's Water Quality CSMP, General Permit, and these Detailed Specifications, and as directed by the Public Works Department Manager. It shall also include full compensation for the permit’s fee and for furnishing all labor, materials, tools, equipment and incidentals for doing all the work in complying with the SWRCB General Stormwater NPDES Permit.
Any BMP required to protect surface water quality from discharges of stormwater shall be installed within 24 hours of the time the Contractor is notified by the Engineer or regulatory agencies, or prior to the next rain event, whichever comes first, to install such BMP’s. Each 24 hour period elapsed without installation of the required BMPs by the Contractor will be considered an Incident. Failure of the Contractor to meet the 24 hour period for installing the required BMPs will result in a permanent payment deduction of $500 for each Incident that the Contractor fails to comply, in addition to any other applicable penalties. It is the Contractor’s responsibility to install any and all required BMPs.
Monthly payment will be made on a basis of the percentage of work completed on the entire project and subject to the submittal of a complete Monthly Report as specified in Section
29.11(b). Failure to complete or report required visual inspections, monitoring, sampling, and analysis requirements, NAL Exceedance Reports, and/or other necessary follow-up actions to ensure that the project stays in compliance with the SWRCB General Stormwater NPDES Permit can be the basis for reducing monthly progress payments for the project. Monthly progress NRIP Calexico Reach -66-
INVITATION TO BID
payments will be reduced by the amount of direct costs, overhead costs, and engineering costs incurred by the city to address compliance deficiencies, including costs to conduct inspections, monitoring, reporting, and supplemental BMP implementation necessary to comply with the SWRCB General Permit and costs incurred by the Engineer to address complaints, additional State inspections and violations and/or fines issued by the State or US EPA associated with failure to properly comply with the SWRCB General Stormwater NPDES Permit. Progress Payment reductions can exceed the monthly percentage or total contract lump sum price for Storm water and Non-Storm water Pollution Control work.
Full compensation of Water Pollution Control under this Item shall be considered as lump sum and included in the contract price for the applicable bid item and no separate payment will be made therefore. The Contractor shall implement and continue all permits’ requirements throughout construction and in accordance with the law. The Contractor shall not be paid any portion of the contract lump sum if discharge of stormwater to surface waters is avoided. b. RWQCB Low Threat Discharges NPDES Permit—This item shall include full compensation for the permit’s fee and furnishing all labor, materials, tools, equipment, and incidentals for doing all the work involved in developing and implementing the Best Management Practices/Pollution Prevention Plan required by the Permit, implementing management practices to comply with the Permit, and compliance monitoring costs. It shall also include full compensation for furnishing all labor, materials, tools, equipment and incidentals for doing all the work in complying with the RWQCB Low Threat Discharges NPDES Permit.
Any BMP required to protect New River water quality shall be installed 24 hours prior to commencement of discharge of wastewater from dewatering activities. Each 24-hour period elapsed without installation of the required BMPs by the Contractor will be considered an Incident. Failure of the Contractor to meet the 24-hour period for installing the required BMPs will result in a permanent payment deduction of $500 for each Incident that the Contractor fails to comply, in addition to any other applicable penalties. It is the Contractor’s responsibility to install any and all required BMPs.
Monthly payment for this item will be made on a basis of the percentage of work completed on the entire project and subject to the submittal of a complete Monthly Report as specified in Section 29.11(b). Failure to complete or report required monitoring, sampling, and analysis requirements of the permit, and/or other necessary follow-up actions to ensure that the project stays in compliance with the RWQCB Low Threat Discharges NPDES Permit can be the basis for reducing monthly progress payments for the project. Monthly progress payments will be reduced by the amount of direct costs, overhead costs, and engineering costs incurred by the Engineer to address compliance deficiencies, including costs to conduct inspections, monitoring, reporting, and supplemental BMP implementation necessary to comply with the RWQCB Low Threat Discharges NPDES Permit and costs incurred by the city to address complaints, additional State inspections and violations and/or fines issued by the State or US EPA associated with failure to properly comply with the RWQCB Low Threat Discharges NPDES Permit. Progress Payment reductions can exceed the monthly percentage or total contract lump sum price for Water Pollution Control work.
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INVITATION TO BID
Full compensation of Water Pollution Control for this Item shall be considered as lump sum and included in the contract price for the applicable bid item and no separate payment will be made therefore. The Contractor shall implement and continue all permits’ requirements throughout construction and in accordance with the law. The Contractor shall not be paid any portion of the contract lump sum if discharge of groundwater from dewatering activities to surface waters is avoided.
9. BYPASS 72-IN FRPM PIPE
The City shall allow the non-centrifugally cast pipe (FRMP) manufactured by Thompson Pipe Group (“Flowtite”) or an “approved equal” product to the centrifugally cast pipe (CCFRMP) specified in this Project’s Technical Specifications.
10. PUMP-BACK SYSTEM 16-IN FORCEMAIN
A bidder may propose an alternate pipe material for the Pump-back system’s 16-in DIP forcemain specified in the plans and Technical Specifications for the Project, including AWWA C-900/905 Fusible PVC pipe, and the City shall accepted provided the bidder:
a) within 30 days from executing the construction Contract Agreement with the City, provides the City data on the pipe material and a hydraulic analysis of the alternate proposed pipe that shows the alternate pipe material and forcemain will function equivalently or better than the DIP material and forcemain and is cheaper than the DIP. and
b) The hydraulic analysis is prepared by a California registered civil engineer experienced in this type of analysis. The pump curves for the pumps proposed by the Contractor shall also consider any change in pipe material from the bidding documents.
11. SLIDE GATE FOR PUMP-BACK SYSTEM AND SLIDE GATE FOR DIVERSION STRUCTURE Bidders are hereby noticed that there are two (2) separate gates required for this Project:
• One for the Pump-back System (2’x2’)
• One for the Diversion Structure (6’x5’)
Both gates shall be of Type 316 stainless steel construction. • The gate specified in the 200-series plans for the Project is specifically related to the Pumpback System. The slide gate shown for the Pump-back System does not require a seismic actuator but shall be of the rising stem type with pedestal mount and wall bracket.
Fontaine-Aquanox shall be acceptable gate for this slide gate as an alternative to the Waterman gate called out on the plans.
• The 300-series plans for the Project are for the Diversion Structure and Trash Screen. The slide gate at the Diversion Structure is required to have the seismic actuator as specified with rising stem, pedestal mount, and wall bracket.
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INVITATION TO BID
END OF ADDITIONAL WORK SPECIFICATIONS
69 JOB QUANTITIES AND PROPOSAL BID FORM
A. SIGNATORY STATEMENT
Please complete the following signatory statement:
TO THE PUBLIC WORKS MANAGER OF THE CITY OF CALEXICO:
The undersigned hereby declares that he has carefully examined the location of the proposed work that he has examined the plans and specifications and read the accompanying instructions to bidders and hereby proposes to furnish all material except owner furnished materials, and do all work required to complete the said work in accordance with said plans and specifications and special provisions for the unit prices set forth in the following schedule. The bidder shall furnish prices for all items shown in the proposal.
“Name of Firm: ________________________________________________________________”
END OF SIGNATORY STATEMENT
B. BID SCHEDULES
The following bid schedules are included in this section:
BASE BID SCHEDULE
Table 2: General Bid Items (for All Phases)
• Phase I
o Table 3: Trash Screen and Diversion Structure
o Table 4: Pump-Back System
o Table 5: Phase I Summary
• Phase II
o Table 6: Bypass 72-Inch Encasement
Table 7: Base Bid Schedule Summary
ALTERNATIVE BID SCHEDULES
• Table 3a: Trash Screen and Diversion Structure Alternative Bid Items • Table 4a: Bypass 72-Inch Encasement Alternative Bid Items • Table 5a: Pump-Back System Alternative Bid Items
C. JOB QUANTITIES AND BID PRICES
The following preliminary estimate of the quantities of work to be done and material to be furnished are approximate only, being given as a basis for the comparison of bids, and the City of Calexico, does not expressly, or by implications agree that the actual amount of work, will correspond therewith, but reserves the right to increase or decrease the amount of and class of portion of the work that may be deemed necessary or expedient by the Public Works Department Director or his/her designee.
70 BASE BID SCHEDULE
GENERAL BID ITEMS
71 BASE BID SCHEDULE
GENERAL BID ITEMS (ALL PHASES)
Table 2
Mobilization/Demobilization, Traffic Control, Water Pollution Control, and Other Permit Reimbursement Allowances
SPECIFICATION SECTION & ITEM QUANTITY UNIT
PRICE
TOTAL
QTY UNIT PRICE
Mobilization/Demobilization Bid Items
1.a
Mobilization/Demobilization, Including Site Office Set
Up/removal, Vehicle Set Up/removal, Bonds, etc. Not to
Exceed 2% of Total Bid.
1 LS
1.b
Re-Mobilization/Demobilization per Phasing
Requirements, or for Owner’s Need/Convenience. 1 LS
per event
Water Pollution Control and other Permits Reimbursement Allowances
2.a SWRCB Stormwater NPDES Permit 1 LS
2.b RWQCB Low Threat Discharges NPDES Permit (for
discharge of wastewater from dewatering Activities) 1 LS
2.c
Other Permits & Reimbursement Allowances (See
Technical Specs, Sec. 00 89 01, Parts 1.1.C.2 and 1.5) 1 LS TABLE 2 TOTAL
72 BASE BID SCHEDULE
PHASE I
Table 3: Trash Screen and Diversion Structure
Table 4: Pump-Back System
Table 5: Phase I Summary
73 BASE BID SCHEDULE
PHASE I
TABLE 3
TRASH SCREEN AND DIVERSION STRUCTURE BID SCHEDULE
SPECIFICATION SECTION & ITEM QUANTITY UNIT
PRICE
TOTAL
QTY UNIT PRICE
DIVISION 01
GENERAL REQUIREMENTS
013519 – Temporary River Diversion
1 Temporary River Diversion
Including Erosion & Sediment Control 385 LF
2 Bypass Pumping System
(Dewatering NOT Included in this Bid Item. Dewatering
Included in Division 31, Section 312300)
250 LF
Temporary River Diversion Subtotal
DIVISION 1 SUBTOTAL
DIVISION 02
EXISTING CONDITIONS
024113 – Site Demolition
1 Removal of Ex. DHS Security Gate and its associated
hydraulic actuation system. Gate is located upstream of 2nd Street. The bridge supporting the Gate and the
Gate’s actuation hydraulic system shall be left in place. 1 EA
2 Remove Ex. Chain Link Fencing.
Not to Exceed $10 per LF
450 LF
Site Demolition Subtotal
DIVISION 2 SUBTOTAL
DIVISION 03
CONCRETE
031000 to 033900 – Cast in Place Concrete
1 Reinforced Concrete Channel Walls
Including Cutwater and Transition Sections 410 CY
2 Reinforced Concrete Channel Floor (Throughout) 490 CY 3 Push-Up Weir (1 ft. Thick on Top of Channel Floor) 54 CY 4 Concrete Retaining Wall
(Site Perimeter Wall – NOT Part of Diversion Structure) 156 CY 5 Diversion Intake Structure (3 Walls & Floor Slab)
North Wall (4th Wall) Already Included in Item 1 Above 150 CY 6 Trolley Support Column Footings
(For Columns Not on Diversion Structure Walls) 45 CY
DIVISION 03 SUBTOTAL
DIVISION 05
METALS
050523 to 055000 – Miscellaneous Metals
1 Trash Screen (13’x19’)
Including 3/8"x3" SS Type 304 Bars, Supports, etc. 2 EA 74 TABLE 3
TRASH SCREEN AND DIVERSION STRUCTURE BID SCHEDULE
SPECIFICATION SECTION & ITEM QUANTITY UNIT
PRICE
TOTAL
QTY UNIT PRICE
2 Diversion Intake Structure Guardrail (3.5’ Tall) 28 LF 3 Diversion Intake Structure Interior Ladders (15.5’ Tall) 3 EA 4 Diversion Intake Structure Exterior Ladders (5’ Tall) 1 EA DIVISION 05 SUBTOTAL
DIVISIONS 08
OPENINGS
1 4’x8’ Heavy Duty Aluminum Hatches 2 EA
2 Diversion Intake Security Screen (5.5’x6.5’) 1 EA
3 Sleeves, Gaskets, & Waterstops for Openings/Joints at Diversion Intake Structure (Not to Exceed $5,000) 1 LS
DIVISIONS 08 SUBTOTAL
DIVISION 31
EARTHWORK
312300 – Excavation Support and Protection
1 Sheeting, Shoring, Soil Stabilization,
and Dewatering for Diversion Structure Construction 20,000 SF Excavation Support and Protection Subtotal
312300 – Trenching, Backfilling and Compaction
1 3/4" Rock for General Use
(Under Concrete Structures, Road, Top Surfaces, etc.) 1,350 CY Trenching, Backfilling, and Compaction Subtotal
DIVISION 31 SUBTOTAL
DIVISION 32
EXTERIOR IMPROVEMENTS
321216 – Asphalt Concrete Pavement
1 3.5" Hot-Mix Asphalt (C2-PG-70-10)
(Pavement for Diversion Structure Access Road) 360 TON
2 10" Aggregate Base (Class 2)
(Pavement for Diversion Structure Access Road) 1,010 TON Access Road Subtotal
321313 to 321373 – Portland Cement Concrete Pavement for Drive Access, Screenings, Overflow Apron 1 7" PCC Pavement at Diversion Structure
(Pavement within Gated Area) 168 CY
2 6" Agg Base (Class 2) at Diversion Structure
(Pavement within Gated Area) 160 CY
Concrete and Asphalt Driveway Subtotal
323120 – Fences and Gates
1 Variable Height (Up to 8-ft Tall) Ornamental Fencing 290 LF 75 TABLE 3
TRASH SCREEN AND DIVERSION STRUCTURE BID SCHEDULE
SPECIFICATION SECTION & ITEM QUANTITY UNIT
PRICE
TOTAL
QTY UNIT PRICE
2 4-ft Tall Ornamental Security Fencing 100 LF
3 Double-Swing Entrance Gates (8-ft Tall) 2 EA
Fences and Gates Subtotal
DIVISION 32 SUBTOTAL
DIVISION 33
UTILITIES
331271 to 331248 – Valves
1 Type 316 Stainless Steel Slide Gate (5’x6’) and Frame 1 EA 2 Mechanical Actuator with Manual Hand Wheel Override
(for Slide Gate) 1 EA
Valves Subtotal
DIVISION 33 SUBTOTAL
DIVISION 40
PROCESS INTEGRATION
1 Electrical Power Supply:
Transformer, Pole(s), Meter, Main Breaker, etc. 1 LS
2 Electrical Power Control:
Main Panel/Switchboard, On-Site Transformer, Outlets,
Pull Boxes, etc.
1 LS
3 Conduits & Conductors: Electrical Power & Control 550 LF 4 Conduits & Conductors: Fiber Optic & Communication 550 LF 5 Lighting: Roadway Luminaire 2 EA
6 Lighting: Floodlights 4 EA
7 Lighting: Wall Lights on Diversion Intake Structure 1 EA 8 Miscellaneous Electrical Work
(Not to Exceed 5% of this Subtotal) 1 LS
DIVISION 40 SUBTOTAL
DIVISION 41
MATERIAL PROCESSING AND HANDLING EQUIPMENT
412400 – Overhead Trolley Mounted Automatic Raking System 1 Trolley Gripper Unit 1 EA
2 Trolley Overhead Rails, Including Main Rail for Gripper Unit and Support Rails 90 LF
3 Trolley Rail Support Columns
(NOT Including Reinforced Concrete Footings) 12 EA
4 Trolley Rail Maintenance Platform 2 EA
5 Trolley Roll-On Refuse Container 1 EA
DIVISION 41 SUBTOTAL
SUMMARY
76 TABLE 3
TRASH SCREEN AND DIVERSION STRUCTURE BID SCHEDULE
SPECIFICATION SECTION & ITEM QUANTITY UNIT
PRICE
TOTAL
QTY UNIT PRICE
TABLE 3 TOTAL
BASE BID SCHEDULE
PHASE I (CONT.)
TABLE 4
PUMP-BACK SYSTEM BID SCHEDULE
SPECIFICATION SECTION & ITEM QUANTITY UNIT
PRICE
TOTAL
QTY UNIT PRICE
DIVISION 01
GENERAL REQUIREMENTS
015000 – Temporary Facilities and Controls
1 Traffic Control for approximately 200 LF of 2nd Street and, as needed, for Animal Shelter Drive (for Forcemain
Alignment on Sheets C-201 to C-205)
1 LS
DIVISION 1 SUBTOTAL
DIVISION 02
SITEWORK
02220 – Site Demolition
1 Remove Short Section of Existing 8" Effluent Sewer 10 LF 2 Remove Short Section of Existing 16" Effluent Sewer 10 LF 3 Remove Short Section of Existing 18" Effluent Sewer 10 LF 4 Remove Existing 18" Storm Drain 140 LF
5 Relocate Existing Light-Duty, Small (10’x10’)
Prefabricated Shed 1 EA
6 Remove Existing Small Tree 1 EA
7 Remove Existing AC Pavement & Base 1,100 SF
8 Remove Existing Chain Link Fence 80 LF
9 Plug Existing 16" Effluent Sewer Manhole to Divert
Flows Westerly to 18” Sewer via Existing Connection
1 EA
10 Remove and Repair Irrigation Piping 1 LS
11 General Clear and Grubbing (Not to Exceed 5% of this 1 LS Site Demolition Subtotal
02260 – Excavation Support and Protection
1 Trench Shoring for 16" Force Main 1 LS
2 Shoring for Wet Well, Diversion Structure, Sewer
Manhole, and Valve Vault
1 LS
Excavation Support Subtotal
02740 – Asphalt Concrete Pavement and Base
1 1" Hot-Mix Asphalt Surface Course (B-PG-70-10)
(Site Paving) 44 TON
77 TABLE 4
PUMP-BACK SYSTEM BID SCHEDULE
SPECIFICATION SECTION & ITEM QUANTITY UNIT
PRICE
TOTAL
QTY UNIT PRICE
2 3" Hot-Mix Asphalt Base Course (A-PG-70-10)
(Site Paving) 132 TON
3 12" Aggregate Base (Class 2)
(Site Paving) 490 TON
4 1" Hot-Mix Asphalt Surface Course (B-PG-70-10)
(Trench Pavement Restoration for 16" Forcemain) 98 TON
5 3" Hot-Mix Asphalt Base Course (A-PG-70-10)
(Trench Pavement Restoration for 16" Forcemain) 294 TON Asphalt Concrete & Base Subtotal
02820 – Fences and Gates
1 8-ft Tall Chain Link Fence 130 LF
SECTION 02820 SUBTOTAL
DIVISION 2 SUBTOTAL
DIVISION 03
CONCRETE
03300 – Cast in Place Concrete
1 Pump Building 12" Slab on Grade 45 CY
2 Pump Bases & Housekeeping Pads 14 CY
3 Building Perimeter Footings (Perimeter of Slab) 9.5 CY 4 Wet Well 12" Top Slab 6.5 CY
5 16-ft Sq. x 2-ft Thick Footing for Wet well 19 CY
6 Emergency Generator Pad 5 CY
Cast in Place Concrete Subtotal
03400 – Pre-Cast Concrete
1 Diversion Structure (5’-4” x 5’-4” x 12’ Deep) 1 EA
2 5-ft Diameter Manhole x 6’ Deep, per Imperial County
Standard Drawings D222 and D222A
1 EA
3 5-ft Diameter Manhole x 14’ Deep, per Imperial County Standard Drawings D222 and D222A
1 EA
4 12-ft Diameter Wet Well (14’-6” Deep) 1 EA
5 Flow Meter Vault (6’-4” x 8’-4” x 6’-10” Deep) 1 EA
Precast Concrete Subtotal
DIVISION 3 SUBTOTAL
DIVISIONS 04 – 10
(METALS, DOORS & WINDOWS, FINISHES, SPECIALTIES) FOR PUMP BACK BUILDING 1 Pre-Fabricated Metal Building Doors
(Metal Double-Entrance Door) 1 EA
2 Roll-Up Metal Door
(Metal Double-Entrance Doors and Roll-Up Metal Door) 1 EA DIVISION 4 - 10 SUBTOTAL
78 TABLE 4
PUMP-BACK SYSTEM BID SCHEDULE
SPECIFICATION SECTION & ITEM QUANTITY UNIT
PRICE
TOTAL
QTY UNIT PRICE
DIVISION 11
EQUIPMENT
11215 – Centrifugal Pumps & Motors
1 Self-Priming Centrifugal Pumps & Motors
(1,800 gpm @ 58 ft TDH). Gorman Rupp – NO Equal 3 EA
2 Start-Up Testing (Pump Witness). One Representative. 1 DAY DIVISION 11 SUBTOTAL
DIVISION 13
SPECIAL CONSTRUCTION
1 Pre-Fabricated Metal Building 1 LS
2 12" Magnetic Flow Meter 1 EA
DIVISION 13 SUBTOTAL
DIVISION 15
MECHANICAL
15061 – 15063 – Piping
1 16" Forcemain Downstream of Flowmeter. Including
Fiber Optic Conduit, Cable, & Pull Boxes
(DIP w/ Zinc-Coated Restrained Joints)
4,050 LF
2 16" Forcemain Upstream of Flowmeter
(DIP w/ Zinc-Coated Restrained Joints) 80 LF
3 10" Stainless Steel Suction Pipe 30 LF
4 18" PVC Storm Drain Pipe 140 LF
5 24" PVC Effluent Diversion Pipe 120 LF
6 24" PVC Overflow Bypass Pipe 40 LF
Piping Subtotal
15102-15110 – Valves
1 10" Plug Valve Downstream of Pump
(for Forcemain Discharge Control) 3 EA
2 10" Rubber Flapper Swing Check Valve
(for Backflow Prevention into Self- Priming Pumps) 3 EA 3 16" Duckbill Valve at Discharge Point to Diversion
Structure 1 EA
Valves Subtotal
15120 – Miscellaneous Piping Specialties
1 Pipe Supports 5 EA
2 Dismantling Joint (Pipe Sleeve Coupling)
Romac DJ 400 or Equal 4 EA
3 4" Blow-off Assembly
(D.I. Tee, D.I. Spools, Valve, Riser, Etc.) 1 EA
4 2" Combination Air-Valve Assembly
(Saddle, 2” Copper Pipe, Couplings, Valves, Etc.) 2 EA
Miscellaneous Piping Subtotal
79 TABLE 4
PUMP-BACK SYSTEM BID SCHEDULE
SPECIFICATION SECTION & ITEM QUANTITY UNIT
PRICE
TOTAL
QTY UNIT PRICE
15500 – Heating, Ventilating & Air Conditioning
1 Mechanical Exhaust Fan & Louver 2 EA
2 Intake Louvers 3 EA
3 Air Conditioning Unit for Elec. Room
(Including Duct Work)
1 LS
HVAC Subtotal
DIVISION 15 SUBTOTAL
DIVISION 16
ELECTRICAL
1 Electrical Power Supply:
Transformer, Pole(s), Meter, Main Breaker, etc. 1 LS
2 Electrical Power Control:
Main Panel/Switchboard, On-Site Transformer, Transfer
Switch, Outlets, Pull Boxes, etc.
1 LS
3 Conduits & Conductors: Electrical Power & Control 290 LF 4 Conduits & Conductors: Fiber Optic & Communication
(Fiber Optic for Forcemain NOT Included In this Bid Item) 80 LF
5 200 kW Diesel Engine Generator 1 EA
6 50 HP Variable Frequency Drive 3 EA
7 Lighting: Exterior Wall Lights, Floodlights, Photocell 5 EA 8 Lighting: Interior Wall Lights, Floodlights, Exit Sign 11 EA 9 Miscellaneous Electrical Work
(Not to Exceed 5% of this Subtotal) 1 LS
DIVISION 16 SUBTOTAL
SUMMARY
TABLE 4 TOTAL
TABLE 5
SUMMARY (PHASE I)
TABLE 3 (TRASH SCREEN AND DIVERSION STRUCTURE)
TOTAL
TABLE 4 (PUMP-BACK SYSTEM)
TOTAL
TOTAL (PHASE I)
80 81
BASE BID SCHEDULE
PHASE II
Table 6: Bypass 72-inc Pipe Encasement
82 BASE BID SCHEDULE
PHASE II
TABLE 6
BYPASS 72-IN PIPE ENCASEMENT BID SCHEDULE
SPECIFICATION SECTION & ITEM QUANTITY UNIT
PRICE
TOTAL
QTY UNIT PRICE
DIVISION 02
SITEWORK
02220 – Site Demolition
1 Remove Exist Trees 10 EA
2 Relocate Exist Street Light in 2nd Street on
Southwesterly Side of Bridge 1 EA
3 Remove Existing Chain Link Fencing.
Not to Exceed $10 per LF
1,100 LF
Site Demolition Subtotal
02240 – Dewatering
1 Dewater 72" Bypass (Encasement) Trench in Flat Open
Areas (Not Immediately Adjacent to Banks of River) to
Provide for Dry Trench Bottom and Bedding Material
6,525 LF
2 Dewater 72" Bypass (Encasement) Trench in (Westerly
End at Banks of River) to Provide for Dry Trench Bottom and Bedding Material
1,300 LF
3 Dewater 72" Bypass(Encasement) Trench in 2nd Street to Provide for Dry Trench Bottom and Bedding Material
200 LF
Dewatering Subtotal
02260 – Excavation Support and Protection
1 Trench Sheeting, Shoring, and Soil Stabilization
for 72" Encasement (Bypass) Pipe. Price per Linear Foot. 8,025 LF Excavation Support and Protection Subtotal
02315 – Trenching, Backfilling and Compaction
1 3/4" Rock for Bedding, Backfill, or for General Use 18,000 CY 2 Mirafi 140N Geotextile Fabric in Trench Prior to Bedding (Not to Exceed Twice the Manufacturer’s Price Per Roll) 56 ROLL Trenching, Backfilling and Compaction Subtotal
02400 – Tunneling, Boring and Open Trench
1 72" Encasement Under 2nd Street. NOT Trenchless.
(Traditional Open Cut Trench)
200 LF
2 Pavement Restoration Across 2nd Street. Including Base and Asphalt. 12” Section Consisting of 6” CAB CL II,
4” B-PG-70-10, & 2” C2-PG-70-10
145 TON
Tunneling, Boring and Open Trench Subtotal
02820 – Fences and Gates
1 8-ft High Chain link Fence 1,100 LF
Fences and Gates Subtotal
83 TABLE 6
BYPASS 72-IN PIPE ENCASEMENT BID SCHEDULE
SPECIFICATION SECTION & ITEM QUANTITY UNIT
PRICE
TOTAL
QTY UNIT PRICE
02300 – Earthwork / stockpile (trench export)
1 Earthwork/Stockpile (Trench Excavation & Export) 100,000 CY 2 Earthwork (2:1 Slope at West) 37,125 CY
3 Earthwork (Diversion/Access Road) 6,000 CY
4 Embankment Fill (Estimate 3 Months-Worth) 1 EA
5 Earthwork (Key at 2:1 Slope at West) 1 EA
6 Earthwork (Recompact/Clear at Pads) 56,000 CY
Earthwork/Stockpile Subtotal
DIVISION 2 SUBTOTAL
DIVISION 03
CONCRETE
03300 – Cast in Place Concrete
1 Concrete Energy Dissipater
(with Concrete Foundation Mat) 1 EA
2 Concrete Cleanout (Base Section for Access Manholes)
Bottom Cast in Place Sections 12 EA
3 2 ft.-Wide Concrete Terrace and “V” Ditches
(for Graded Slopes on Westerly End) 3,800 LF
4 Cutoff Walls (within 72" Pipe Trench)
per Detail 146 EA
DIVISION 3 SUBTOTAL
DIVISION 15
MECHANICAL
15064 – Centrifugally Cast Fiberglass Reinforced Polymer Mortar (CCRFPM) Gravity Pipe and Fittings 1 Furnishing & Installation of 72" Storm Drain Pipe.
(Excluding Earthwork). Purchase, Laying of Pipe, Joint
Assembly Only. Delivery and Earthwork/Compaction
Covered Under Separate Bid Items.
7,900 LF
2 Freight/Delivery for 72” Pipe. Price per Truck Bed
Load. (Estimated at 50’ Pipe Capacity per Truck Load) 160 TRUCK LOADS
3 Precast Manhole Risers (Cones) with Locking Lids.
Place on top of Bottom Cast-In-Place Sections 12 EA
4 Coupling Elbows/Bends (11.25 and 22.5) 19 EA
5 18" High-density Polyethylene (HDPE)
(for Graded Slopes on Westerly End) 50 LF
6 12" High-density Polyethylene (HDPE)
(for Graded Slopes on Westerly End) 1,490 LF
DIVISION 15 SUBTOTAL
SUMMARY
TABLE 6 TOTAL
(PHASE II TOTAL)
84 BASE BID SCHEDULE
PHASES I & II
TABLE 7
SUMMARY (PHASES I AND II)
GENERAL BID ITEMS
TOTAL (PHASE I)
TOTAL (PHASE II)
GRAND TOTAL BASE BID ($): _________________________________________________________ GRAND TOTAL BASE BID PRICE WRITTEN IN WORDS: _____________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 85 ALTERNATIVE BID SCHEDULES
PHASES I & II
Table 3A: Bypass 72-inc Pipe Encasement
Table 4A: Pump-Back System
Table 6A: Bypass 72-inc Pipe Encasement
86 ALTERNATIVE BID SCHEDULES
PHASES I & II
The Bid Alternative Schedules shown below are provided for the sake of 1) product substitutions prior to during construction, 2) for additional work at the City’s direction, and 3) for unforeseen conditions. Bid Alternatives will be used only as a measure for Change Orders.
Bidder is hereby notified that the Contract will be awarded based on the lowest Base-Bid (total Base-Bid Price). Nevertheless, Bidder’s pricing for Bid Alternatives shall be-in line with the Base Bid pricing. If Bidder provides exorbitant pricing on the Bid Alternatives, this may result in rejection of Bid and selection of next-highest bidder.
TABLE 3A
TRASH SCREEN AND DIVERSION STRUCTURE BID SCHEDULE
SPECIFICATION SECTION & ITEM QUANTITY UNIT
PRICE
TOTAL
QTY UNIT PRICE
1 Miscellaneous Excavation (Price per Cubic Yard) 1 CY
2 Additional Dewatering - Price per Day
(Extend Limits Just Outside of Plans -If Necessary) 1 DAY 3 Additional Lighting:
Exterior Pole-Mounted Luminaires with Concrete Base. 10 EA 4 Construct Chain-Link Fencing on North and South Sides of 2nd Street Bridge 450 LF
TABLE 4A
PUMP-BACK SYSTEM BID SCHEDULE
SPECIFICATION SECTION & ITEM QUANTITY UNIT
PRICE
TOTAL
QTY UNIT PRICE
1 Overexcavation (To Depth of 24”) at Pump Back Site 1 CY 2 Overexcavation (To Depth of 36”) at Pump Back Site 1 CY 3 Additional Dewatering - Price per Day
(Extend Limits Just Outside of Plans -If Necessary) 1 DAY 4 16” PVC C905 Forcemain 4,100 LF
5 Controlled Low-Strength Material for Trenching or
Backfill. Price per Cubic Yard. 1 CY
TABLE 6A
BYPASS 72-IN PIPE ENCASEMENT BID SCHEDULE
SPECIFICATION SECTION & ITEM QUANTITY UNIT
PRICE
TOTAL
QTY UNIT PRICE
1 Miscellaneous Excavation (Price per Cubic Yard) 1 CY
2 Additional Dewatering - Price per Day
(Extend Limits Just Outside of Plans -If Necessary) 1 DAY 3 72” FRMP (Non-Centrifugally Cast Pipe).
Purchase, Laying of Pipe, and Joint Assembly Only.
Delivery, Earthwork, and other Work Associated with the Pipe Covered under Separate Bid Items.
8,025 LF
87 TABLE 6A
BYPASS 72-IN PIPE ENCASEMENT BID SCHEDULE
SPECIFICATION SECTION & ITEM QUANTITY UNIT
PRICE
TOTAL
QTY UNIT PRICE
4 Freight/Delivery for 72” FRMP (Non-Centrifugally Cast Pipe). Price per Truck Load. 1 TRUCK
LOAD
5 Controlled Low-Strength Material for Trenching or
Backfill. Price per Cubic Yard. 1 CY
88 Addenda Acknowledgement/Signature
1.00 – The undersigned hereby acknowledges the receipt of the following addendum:
None______; No. 1______; No. 2______; No. 3______; No. 4 ______; No. 5______ (Place initials above all appropriate numbers)
2.00 – The undersign hereby certifies that this proposal/bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation.
3.00 – The undersigned hereby accepts on the behalf of his firm all provisions and requirements of the contract documents, including but not limited to those related to time of completion and liquidated damages.
4.00 – The undersigned hereby certifies that they are authorized representative of the firm on whose behalf this proposal/bid is submitted and that they are acting at the direction and with the required approval of said firm, which is identified as follows:
Name of firm:
Address of firm:
Telephone Number: ( ) Fax Number: ( )
Contractor’s License Number: Type:
Signed: Date:
END OF PROPOSAL/BID FORM
89 SUBCONTRACTORS LISTING
As required by Section 4100 of the Public Contract Code of the State of California, Contractor shall comply with the "Subletting and Subcontracting Fair Practices Act" of the State of California, and shall list all subcontractors required to be listed thereby.
PORTION OF
WORK
Dollar Amount of
Work ($)
NAME DIR
NUMBER
PLACE OF BUSINESS
ADDRESS/TELEPHONE
No.
* No subcontractor will be used for this project.
______________________________ _____________________________ Date Contractor’s Name
_____________________________
Contractor’s Signature
_____________________________
Title
*Indicate if no subcontractor will be used.
END OF SUBCONTRACTORS LISTING
90 BID BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT , hereinafter called Principal, and
Hereinafter called the Surety, are jointly and severely held and firmly bound unto the CITY OF CALEXICO hereinafter called Owner, in the penal sum of ten percent (10%) of the Bid of Principal for the Works of . This sum not to exceed
Dollars ($ ) lawful money of the United States
of America, for the payment whereof unto Owner, Principal and Surety jointly and severely bind themselves forever firmly by these presents, except said penal sum shall not exceed ten percent (10%) of the amount Bid by Principal for Work which is awarded to Principal by the Owner.
WHEREAS, Principal is herewith submitting a bid for the work entitled “New River Improvement Project – Calexico Reach.”
NOW, THEREFORE, the condition of this obligation is such that if Principal is awarded a contract for the work, and if Principal within the time specified in the bid enters into, executes and delivers to owner an agreement in the form provided herewith, and if Principal within the time specified in the Bid gives to the owner the performance bond and the payment bond on the forms provided herewith, then this obligation shall be void. If, however, Principal shall fail or refuse to furnish, execute and deliver to owner said agreement in the time stated in the bid or should fail or refuse to furnish Performance Bond and Payment Bond in the time stated in the bid, then Principal and Surety shall forfeit to Owner the penal sum hereof.
AND, IT IS HEREBY DECLARED AND AGREED that Surety shall be liable under this obligation as Principal, and that nothing of any kind of nature whatsoever that will not discharge, Principal shall operate as a release of liability of Surety.
IN WITNESS WHEREOF, we have hereunto set our hands and sealed this day of 2022
BY:
BY:
Insurance companies A.M. Best Company identifying number:
END OF BID BOND
91 NONCOLLUSION AFFIDAVIT
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
State of California )
County of Imperial )
____________________________, being first duly sworn, deposes and says that he or she is ______________________ of____________________________the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation, that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; and that all statements contained in the bid are true; and further, that the bidder has not directly, or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
Date:__________________________ _______________________________ Contractor’s Name
_______________________________
Contractor’s Signature
_______________________________
Title
END OF NONCOLLUSION AFFIDAVIT
92 CERTIFICATION OF SITE EXAMINATION
Each bidder shall be fully informed of the conditions relating to the construction of the work and the employment of labor thereon. Failure to do so will not relieve Contractor of the obligation to furnish all material and labor necessary to carry out the provisions of the Contract Documents.
Each biddershall examine the site forthe work described herein. Bidders shall attend a mandatory pre-bid meeting of the site conducted by the City. Failure to attend the mandatory pre-bid meeting shall be cause for rejection of the bid.
This is to certify that I have examined the site and the bid is complete and there will be no additional payment for failure to examine the site thoroughly.
Date of Site Examination Bidder
Printed Name of Bidder Representative
Signature of Representative
Date
END OF CERTIFICATION OF EXAMINATION
CONTRACTOR’S CERTIFICATION OF QUALIFICATION
93 FOR LICENSE CLASSIFICATION
After award of the contract, the Contractor, whether an individual, co-partnership, limited partnership, corporation, or any other combination or organization, shall execute the following form:
1. If an individual, I hereby certify that I am, or my responsible managing employee ________________________ (insert name) is, qualified for the license classification called for in these contract documents.
2. If a co-partnership or limited partnership, the general partner hereby certifies that the general partner _______________________________ (insert name), or responsible managing employee __________________________________ (insert name), is qualified for the license classification called for in these contract documents.
3. If a corporation, or any other combination or organization, the responsible managing officer _______________________________ (insert name), or a responsible managing employee ________________________________ (insert name), is qualified for the license classification called for in these contract documents.
If the individual who qualifies the Contractor for the license classification called for in these contract documents changes during the progress of the work, then Contractor shall, within seven (7) days of any such change, notify the General Services Director in writing of such change, including the name, license number and status of the individual.
For the purpose of this Certification, a responsible managing employee shall mean an individual who is a bona fide employee of the Contractor and is actively engaged in the classification of work for which that individual is the qualifying person on behalf of the Contractor under California law.
DATED:____________________ CONTRACTOR:___________________________________ SIGNATURE:_____________________________ TITLE:______________________________ ATTEST:
SIGNATURE BY:___________________________________________ TITLE:____________________________________________________ END OF CONTRACTOR’S CERTIFICATION OF QUALIFICATION
FOR LICENSE CLASSIFICATION
94 PROPOSAL AGREEMENT
The undersigned agrees that this bid may not be withdrawn within a period of ninety (90) days from the opening thereof, and further agrees that in case of default in executing the required contract with necessary bonds with the ten days, not including Sunday, after having received notice that the contract is ready for signature, the proceeds of the check or bond accompanying his/her bid shall become the property of the City of Calexico, California.
The certified or cashier's check, cash deposit or bid bond accompanying this proposal is in the amount of ten percent (10%) or more of the aggregate amount of this bid.
The undersigned is licensed in accordance with the Laws of the State of California.
License Number: Class:
Company
Business Address
Telephone Number
Fax Number
Signature Bidder Date
END OF PROPOSAL AGREEMENT
95 CONSTRUCTION AGREEMENT
CITY OF CALEXICO, CALIFORNIA
THIS AGREEMENT is made this ______day of __________, 2022, by and between the City of Calexico, a Municipal Corporation of the State of California (“CITY”) and __________________________________ (“Contractor”). The City and the CONTRACTOR for consideration stated herein agree as follows:
1. Description of Project
CONTRACTOR shall provide for the construction of the New River Improvement Project – Calexico Reach in accordance with the August 10, 2022, Bid Documents and approved plans and Specifications for the Project.
2. Description of Work
2.1 The work shall be done in conformance to the approved Plans and Specifications for the Project, and consists of four (4) major Project components:
1. Installing a Trash Screen across the New River and building a structural concrete Diversion Structure for the New River at a point approximately 900 feet downstream from the US-Mexico International Boundary in Calexico. These tasks also entail:
a. Construction of a temporary diversion channel and coffer dam to build the Diversion Structure and Trash Screen.
b. Demolition work and site improvements in the Trash Screen and Diversion Structure area including grading, erosion control, fencing, installing two security gates to access and/exist the area, lighting, and constructing a new paved access road over an existing dirt road.
c. Removal of an existing US Department of Homeland Security (DHS) screen that is across the New River, between 2nd Street and the International Boundary, just upstream of the proposed location for the Trash Screen and Diversion Structure. The bridge supporting the DHS screen shall be left in place.
2. Installing approximately 1.5 miles of a 72-inch underground fiberglass reinforced mortar pipe (FRM pipe) to convey via gravity polluted New River water from the Diversion Structure to a point just upstream of where the All-American Canal Siphon goes over the New River. This work also requires:
a. Building an Energy Dissipater at the end of the 72-inch FRM pipe to prevent erosion of the New River channel at the outfall of the 72-inch FRM pipe. b. Construction of a small temporary coffer dam to build the Energy Dissipater. c. Approximately 200 feet of micro tunneling under 2nd Street, as part of the installation of the 72-in FRM pipe.
3. Constructing a Pump-back System to replace the polluted water in the river channel between the Diversion Structure and that outfall of the 72-in Outfall with clean, treated and disinfected wastewater from the Calexico Wastewater Treatment Plant (WWTP). The Pump-back System consists of a 5.0-million gallons per day sewage pump station and the installation of approximately 4,000 feet of a 16-inch Ductile Iron Pipe (DIP) forcemain.
4. Grading and erosion control of an area just above where the 72-inch FRM pipe outfalls into the River.
2.2 The work shall be accomplished in accordance with the “Project Phases and Construction 96 Schedule” of the Invitation for Bids (see Item 3, p. 5, et seq.):
• Phase I shall consists of the work described in Items 2.1.2 and 2.1.3, cited above, • Phase II shall consist of the work described in Items 2.1.2 and 2.1.4, cited above.
2.3 Shall the CONTRACTOR’S accepted bid be based on Phase I.A, Phase I.B, and Phase II to build the Project, then:
• Phase I.A shall consist of the work described in Item 2.1.1, cited above. • Phase I.B shall consist of the work described in Item 2.1.3, cited above. • Phase II shall consist of the work described in Items 2.1.2 and 2.1.4, cited above.
2.4 CONTRACTOR shall furnish all of the labor, tools, equipment, and services required to perform all of the work in connection with the construction of Calexico New River Improvement Project – Calexico Reach in accordance with the invitation for Bids, incorporated by reference as though fully set herein. Said construction shall be in accordance with CITY approved plans and specifications prepared by Michael Baker International, and applicable state prevailing wages laws and regulations. Said invitation for bids, plans and specifications, are prevailing wages laws and regulations are as fully a part of the Agreement as if hereto attached or herein repeated.
3. Time for Completion
The work shall be commenced on the date stated in Notice to Proceed is issued for each Phase of the Project, and shall be completed within the allotted working days after the date stated in such Notice. Please refer to Table 1 of Item 3 of the Invitation for Bids.
4. Compensation
4.1 CITY shall pay the CONTRACTOR for the performance of this Agreement according to the terms and conditions contained in the Project’s Invitation for Bids and Proposal or bid submittal by CONTRACTOR. CONTRACTOR shall take full payment in accordance with the following item prices incorporated as part of the proposal or bid submitted by CONTRACTOR.
4.2 CONTRACTOR agrees to receive and accept said compensation as full payment for furnishing all materials and for doing all the work contemplated and embraced in this agreement; also for all loss or damage, arising out of the nature of the work aforesaid, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by CITY and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work in the manner and according to the plans and specification, and the requirements of the CITY Engineer. This provision in no way limits the CONTRACTOR’s duties under other provisions herein.
5. Industry Standards
The CONTRACTOR agrees that is performance, and that of its employees or subcontractors, under this Agreement shall be performed in accordance with the standards customarily adhered to by an experienced and competent contractor using the degree of care and skill ordinarily exercised by 97 reputable professionals practicing in the same field in the State of California. Where approval by the CITY, the CITY Manager, or other representatives of the CITY is required, it is understood to be general approval only and does not relieve the CONTRACTOR of responsibility for complying with all applicable laws, codes and quality construction and business practices.
6. Insurance
The CONTRACTOR shall not begin performing under this Agreement until it has: (a) obtained insurance certificates reflecting evidence of all insurance required herein; however, the CITY reserves the right to request, and the CONTRACTOR shall submit, copies of any policy upon reasonable request by the CITY; (b) obtained CITY approval of each company or companies as required herein; and (c) confirmed that all policies contain the specific provisions required herein.
Further the CONTRACTOR shall not modify any policy or endorsement thereto which increases the CITY’S exposure to loss for the duration of this Agreement.
6.1 Types of Insurance.
At all times during the term of this Agreement, CONTRACTOR shall maintain insurance coverage as follows:
6.1.1 Commercial General Liability
For all of the CONTRACTOR’s operations, including contractual, broad form property damage, completed operations, and independent CONTRACTOR’s liability, the CONTRACTOR shall keep in full force and effect, during any and all work on this Project, all applicable insurance to cover personal injury, bodily injury and property damage, providing coverage to a combined single limit of $1,000,000 per occurrence, subject to an annual aggregate of $2,000,000 for general liability, completed operations and personal injury other than bodily injury. Agreementual liability shall include coverage of tort liability of another party to pay for bodily injury or property damage to a third person or organization. Agreementual liability limitation endorsement is not acceptable.
6.1.2 Commercial Automobile Liability
For all the CONTRACTOR’s automobiles including owned, hired and non-owned automobiles, the CONTRACTOR shall keep in full force and effect, automobile insurance for bodily injury and property damage providing coverage to a combined single limit of $1,000,000 per occurrence.
Insurance certificate shall reflect coverage for any automobile [any auto]. The CITY shall be named as an additional insured, but only for liability arising out of the use of CONTRACTOR’s automobiles and only arising out of the performance of this Agreement.
6.1.3 Worker’s Compensation
For all of the CONTRACTOR’s employees who are subject to this Agreement and to the extent required by the State of California, the CONTRACTOR shall keep in full force and effect, a workers compensation policy. That policy shall provide a minimum of $1,000,000 of employees liability coverage and the CONTRACTOR shall provide and endorsement that the insurer waives the right of subrogation against the CITY and its respective elected officials, officers, employees, agents and representatives.
98 6.2 Rating Requirements
All bonds used to guarantee work and performance under this Agreement and all insurance required by express provision of this Agreement shall be carried only by responsible insurance companies that have been at least and “A” or “A-” and “V” rating by AM BEST, that are licensed and approved by the State to do business in the State of California, and that have been approved by the CITY.
6.3 Deductibles
All deductibles on any policy shall be the responsibility of the CONTRACTOR.
6.4 Specific Provisions Required
Each policy required under Section 6 herein, shall expressly provide, and an endorsement shall be submitted to the City, that:
6.4.1 Except as to Workers Compensation, the City of Calexico and its respective elected officials, officers, employees, agents, and representatives shall be named as additional insureds. The CITY’s Additional Insured status must be reflected on additional insured endorsement which shall be submitted to the CITY.
6.4.2 The policies are primary and any insurance that may be carried by the CITY is noncontributing, as reflected in an endorsement which shall be submitted to the CITY.
6.4.3 The policies cannot be canceled, non renewed or materially changed except after thirty calendar days prior written notice by the CONTRACTOR to the CITY by certified mail, as reflected in an endorsement which shall be submitted to the CITY except for non-payment of premium, in which case ten (10) days notice will be provided.
6.4.4 Before performing under this Agreement, the CONTRACTOR shall provide the CITY with all Certificates of Insurance accompanied with all endorsements.
6.4.5 The CONTRACTOR may obtain additional insurance not required by this Agreement.
7. Agreement or Compliance with Labor Code
CONTRACTOR certifies that he is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Worker’s Compensation or to undertake self insurance in accordance with the provisions of that Code, and will comply with such provisions before commencing the performance of the work of this Agreement.
8. Control of Agreement
The improvement contemplated in the performance of this contract is a project over which the City of Calexico shall exercise general supervision. The CITY therefore shall have the right to assume full and direct control over this contract whenever the CITY, at its sole discretion, shall 99 determine that its responsibility to the State of California so requires.
9. Conflicting Terms
If an apparent conflict or inconsistency exists between the main body of this Agreement and the bid, proposal or other incorporated document, the main body of this Agreement shall control. If a conflict exists between applicable federal, state, or local law, rule, regulation, order, or code and this Agreement, the law, rule, regulation, order, or code shall control. Varying degrees of stringency among the main body of this Agreement, the Exhibits, and laws, rules, regulations, orders, or codes are not deemed conflicts, and the most stringent requirements shall control. Each party shall notify the other immediately upon the identification of any apparent conflict or inconsistency concerning this Agreement.
10. Indemnification and Hold Harmless Agreement
10.1 With respect to any liability, including but not limited to claims asserted or costs, losses, attorney fees (for attorney of CITY’s choosing), or payments for injury to any person or property caused or claimed to be caused by the acts or omissions of the CONTRACTOR, or the CONTRACTOR’s employees, agents, and officers, arising out of any services performed involving this project, the CONTRACTOR agrees to defend, indemnify, protect, and hold harmless the CITY, its agents, officers, or employees from and against all liability . Also covered is liability arising from, connected with, caused by, or claimed to be caused by the active or passive negligent acts or omissions of the CITY, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of the CONTRACTOR, its employees, agents or officers, or any third party. The CONTRACTOR’s duty to defend, indemnity, protect and hold harmless shall not include any claims or liabilities arising from the soles negligence or sole willful misconduct of the CITY, its agent, officers or employees. This section in no way alters, affects or modifies any of CONTRACTOR's other obligations and duties herein.
10.2 The CONTRACTOR agrees to pay any and all costs the CITY incurs enforcing the indemnity and defense provisions herein.
11. Notices
In all cases where written notice is required under this Agreement, service shall be deemed sufficient if the notice is deposited in the United States mail, postage paid. Proper notice shall be effective on the date it is mailed, unless provided otherwise in this Agreement. For the purpose of this Agreement, unless otherwise agreed in writing, notice to the parties herein shall be addressed as follows:
CITY CONTRACTOR:
City of Calexico __________________
Public Works Department __________________
608 Heber Avenue __________________
Calexico, CA 92231 __________________
12. Non-Assignment
100
The CONTRACTOR shall not assign the obligations under this Agreement, whether by express assignment or by sale of the company, nor any monies due or to become due, without the CITY’s prior written approval. Any assignment in violation of this paragraph shall constitute a Default and is grounds for immediate termination of this Agreement, at the sole discretion of the CITY. In no event shall any putative assignment create a contractual relationship between the CITY and any putative assignee.
13. Independent Contractors
The CONTRACTOR and any SUBCONTRCTORS employed by the CONTRACTOR shall be independent contractors and not agents of the CITY.
14. Compliance with Controlling Law
The CONTRACTOR shall comply with all laws, ordinances, regulations, and policies of the federal, state and local governments applicable to this Agreement, including California Labor Code section 1720 relating to the payment of prevailing wages, including inspection and land surveying work.
In addition, the CONTRACTOR shall comply immediately with all directives issues by the CITY or its authorized representatives under authority of any laws, statures, ordinances, rules or regulations.
The laws of the State of California shall govern and control the terms and conditions of this Agreement.
Pursuant to the Labor Code of the State of California, or local laws applicable thereto, the CITY has ascertained that the CONTRACTOR shall be responsible for paying prevailing wages as established by the State of California, Director of Industrial Relations. Under Section 1776 of the State Labor Code, the CONTRACTOR, and all subcontractors, are required to keep accurate payroll records.
This Section specifies the content thereof, inspection and duplication procedures, and certain notices required of the CONTRACTOR pertaining to their location.
Whenever the CONTRACTOR or any representative, agent or employee Of CONTRACTOR performing a public works project is found by the Department of Industrial Relations (“DIR”) or the CITY to be in violation of the prevailing wage requirements imposed by law, the CONTRACTOR shall indemnify and hold CITY harmless from any and all liability arising from such violation, including any and all liability imposed on the City. The CONTRACTOR’s duty to indemnify the CITY pursuant to this section shall include any and all costs and expenses incurred by the CITY therefrom, including but not limited to any penalties imposed on the CITY by DIR or any other state agency and reasonable attorney’s fees.
Nothing in this section shall be construed to limit, alter or amend the CONTRACTOR’s duty to indemnify under any other provisions of this Agreement.
15. Jurisdiction and Venue
The venue for any suit or proceeding concerning this Agreement, the interpretation or application of any of its terms, or any related disputes shall be in the County of the Imperial, State of California.
101
16. Integration
This Agreement and the exhibits and references incorporated into this Agreement fully express all understandings of the Parties concerning the matters covered in this Agreement. No change, alteration, or modification of the terms or conditions of this Agreement, and no verbal understanding of the Parties, their officers, agents, or employeesshall be valid unless made in the form of a written change agreed to in writing by both parties or an amendment to this Agreement agreed to both Parties. All prior negotiations and agreements are merged into this Agreement.
17. Counterparts
This Agreement may be executed in counterparts, which when taken together shall constitute a single signed original as though all parties had executed the same page.
18. No Waiver
No failure of either the CITY or the CONTRACTOR to insist upon the strict performance by the other of any covenant, term or condition of this Agreement, nor any failure to exercise any right or remedy consequent upon a breach of any covenant, term, or condition of this Agreement, shall constitute a waiver of any such breach or such covenant, term or condition. No waiver of any breach shall affect or alter this Agreement, and each and every covenant, condition, and term hereof shall continue in full force and effect to any existing or subsequent breach.
19. Severability
The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render any other provision of this Agreement unenforceable, invalid, or illegal.
IN WITNESS WHEREOF, the parties hereto through their agent duly authorized, have executed this Agreement as of the day and year first above written.
ATTEST:
______________________ ___________________________________ GABRIELA GARCIA Esperanza Colio-Warren
City Clerk of the City of Calexico City Manager of the City of Calexico 102
CONTRACTOR
By:__________________________ _______________________
Signature Date
_____________________________
Printed Name and Title
Licensed in accordance with an act
Providing for the registration of contractors,
License No.________________
APPROVED AS TO FORM AND EXECUTION
________________________ _____________
Carlos Campos Date
City Attorney
END OF AGREEMENT
103
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, THAT WHEREAS:
The City Council of the City of Calexico, State of California has awarded a contract to herein after designated as the Principal, for the
acquisition, construction and completion of a public improvement more particularly described in said contract; and
WHEREAS, said Principal is required under the terms of the contract to furnish a bond for the faithful performance of said contract;
NOW, THEREFORE, we the Principal and the surety
company authorized to do a surety business in the State of California as surety, are held and firmly bound unto the City of Calexico hereinafter called the City in the penal sum of _______________________________________ lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors and administrators and successors, jointly and severely, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounded Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract and any alterations made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless, said City, its officers and agents as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.
IN WITNESS WHEREOF, the said Principal has caused this bond to be executed by his signature attached hereto, and the surety has caused this contract to be executed on this behalf by its duly authorized Attorney in Fact on this day of , 2022.
_____________________________
PRINCIPAL
_____________________________
SURETY
BY ___________________________
ATTORNEY IN FACT
END OF FAITHFUL PERFORMANCE BOND
104
LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS, THAT WHEREAS:
The City Council of the City of Calexico, California has awarded to _______________________________________ hereinafter designated as the Principal, the contract for the acquisition, construction and completion of a public improvement more particularly described in said contract, and;
WHEREAS, said Principal is required to furnish a bond in connection with said contract providing that if said Principal, or any of his or its subcontractors shall fail to pay for any materials, provisions, provender or other supplies, or equipment used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the surety of this bond will pay the same to the extent hereinafter set forth; NOW, THEREFORE, we the Principal and __________________________________________ _____________________________________________, Surety Company authorized to do business in the State of California, as surety, are held and firmly bound unto the City of Calexico, hereinafter called the City in a penal sum of ___________________________________ _______________________________Dollars ($ . ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors and administrators, and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, his or its heirs, executors, administrators, successors and assigns shall fail to pay for any materials, provisions, provender or other supplies, or equipment used in, on, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, as required by the provisions of the laws of the State of California, to secure the payment of claims of persons employed by Contractors upon public works, and the claim of persons who furnish material and supplies therefore, then such surety will pay the same in or to an amount not exceeding the amount herein above set forth, and also will pay in case suit is brought upon this bond, a reasonable attorney fee as fixed by court.
IN WITNESS WHEREOF, the Principal has caused this bond to be executed by his signature affixed thereto and the Surety has caused this contract to be executed by its duly authorized Attorney in Fact, on this ______ day of_______________, 2022.
_______________________________
PRINCIPAL
_______________________________
SURETY
BY____________________________
ATTORNEY IN FACT
END OF LABOR AND MATERIAL BOND
105
WARRANTY BOND
WHEREAS the City of Calexico has executed an agreement with ______________________ (hereinafter “Contractor”), requiring Contractorto perform certain work consisting of but not limited to, furnishing all labor, materials, tools, equipment, services, and incidentals for the construction of public improvements (hereinafter “Work”); WHEREAS, the Work to be performed by Contractoris more particularly set forth in that certain Public Works Agreement (Contract No. ______________________) dated ______________________________________ (hereinafter the “Agreement”); and WHEREAS, said Contractor is required under the terms of said Agreement to furnish a bond forthe warranty of said improvements.
NOW, THEREFORE, we, the Contractor, and , as
surety,are held and firmly bound unto the City of Calexico in the penal sumof Dollars ($ ) lawful money of the United
States, said sum being not less than 10% of the total amount payable by Contractor under the terms of the Agreement,for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors, and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bound Contractor, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and provisions in said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed thereof made as therein provided, on his or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees including reasonable attorneys’ fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agreesthat no change, extension of time, alteration, or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affectits obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the agreement or to the work or to the specifications.
IN WITNESS WHEREOF, we have hereto set our hands and seals this day on ___________________________________2022
Contractor:_
_________________________________
106
By:_________________________________________
Name
Surety:_ ___________________________________
By: ________________________________________
Attorney-in-Fact
END OF WARRANTY BOND
107
WORKMEN'S COMPENSATION INSURANCE CERTIFICATE
The Contractor shall execute the following form as required by the California Labor Code, Sections 1860 and 1861:
I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workmen's Compensation or to undertake self-insurance in accordance with the provisions before commencing the performance of the work of this contract.
_____________________________ ____________________________ Date Contractor’s Name
____________________________
Contractor’s Signature
____________________________
Title
ATTEST:
By _____________________________
Signature
_____________________________
Title
END OF WORKMEN’S COMPENSATION INSURANCE CERTIFICATE
108
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder_________________________________________________________________, proposed subcontractor _______________________________________________, hereby certifies that he has_____, has not___, participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President’s Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.
Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts, which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.)
Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations.
Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S.
Department of Labor.
Date:__________________________ _______________________________ Contractor’s Name
_______________________________
Contractor’s Signature
_______________________________
Title
END OF EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
109
DEBARMENT AND SUSPENSION CERTIFICATION
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29
The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, and manager:
• Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;
• Has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past 3 years;
• Does not have a proposed debarment pending; and
• Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years.
If there are any exceptions to this certification, insert the exceptions in the following space.
Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action.
Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification.
Date:__________________________ _______________________________ Contractor’s Name
_______________________________
Contractor’s Signature
_______________________________
Title
END OF DEBARMENT AND SUSPENSION CERTIFICATION
110
DRUG/ALCOHOL TESTING REQUIREMENTS
The Contractor shall execute the following form as required by the Federal Drug and Alcohol, Section 49 CFR Part 382.
I agree to comply with the provisions of Federal Omnibus Transportation Employee Testing Act of 1991, and that I will administer a program of alcohol and drug testing of all commercial vehicle operators, as required by Federal Regulations.
Contractor certifies compliance with the City of Calexico’s Drug and Alcohol Free Workplace Policy as a condition of the State Drug-Free Workplace Act of 1990 (Government Code Section 8350 et seq.) and the Federal Drug Free Workplace Act of 1988 (41 U.S.C.A. Section 701 et seq.) In addition, Contractor agrees to submit a copy of its own drug free workplace policy.
Dated_____________________________ __________________________________ Contractor’s Name
__________________________________
Contractor’s Signature
__________________________________
Title
END OF DRUG/ALCOHOL TESTING REQUIREMENTS
111
CORPORATE CERTIFICATION OR PARTNERSHIP INFORMATION
Name of Corporation or Partnership_________________________________________________ State of Incorporation_____________________________________________________________ List names and addresses of each partner, or titles, names and business addresses of President, Secretary and Treasurer.
______________________________________________________________________________ ______________________________________________________________________________ _______________________________________________________________________________ Date_____________________________ Contractor____________________________ Signature_________________________ Title________________________________ ATTEST:
________________________________________
Signature by
________________________________________
Title
END OF CORPORATE CERTIFICATION
112
NOTICE OF AWARD
_________________________________________________________________________________ TO: (CONTRACTOR)
FOR CONSTRUCTIONOF:
________________________________________________________________________________ Your Bidder'sProposaldated________________________________________________, is accepted for the total contract price of $__________________________________________________.
You are required by the "INSTRUCTIONS TO BIDDERS" to execute the documents specified within ten (10) days from the date of mailing this Notice. Please sign one copy of the Notice of Award upon receipt and return.
RECEIVED:
CONTRACTOR THE CITY OF CALEXICO
By:________________________________ By:____________________________ _________________________________ _________________________________ (Title) (Title)
_________________________________ _________________________________ (Date) (Date)
END OF NOTICE TO AWARD
NEW RIVER IMPROVEMENT PROJECT – CALEXICO REACH
STATE PREVAILING WAGES
GENERAL PREVAILING WAGE DETERMINATION MADE BY THE DIRECTOR OF INDUSTRIAL RELATIONS PURSUANT TO CALIFORNIA LABOR CODE PART 7, CHAPTER 1, ARTICLE 2, SECTIONS 1770, 1773 AND 1773.1
FOR COMMERCIAL BUILDING, HIGHWAY, HEAVY CONSTRUCTION AND DREDGING PROJECTS Craft: Asbestos Worker, Heat and Frost Insulator#
Determination:
SC-3-5-1-2021-1
Issue Date:
August 22, 2021
Expiration date of determination:
July 3, 2022** The rate to be paid for work performed after this date has been determined. If work will extend past this date, the new rate must be paid and should be incorporated in contracts entered into now. Contact the Office of the Director - Research Unit for specific rates at (415) 703-4774.
Localities:
All localities within Imperial, Inyo, Kern, Los Angeles, Orange, Riverside, San Bernardino, San Diego, San Luis Obispo, Santa Barbara and Ventura Counties.
Wages and Employer Payments:
Classification
(Journeyperson)
Basic
Hourly
Rate
Health
and
Welfare
Pension Vacation
and
Holiday
Training Other Hours Total
Hourly
Rate
Daily
Overtime
Hourly
Rate
(1 ½ X)
Daily
Overtime
Hourly
Rate
(2 X)
Saturday
Overtime
Hourly
Rate
(1 ½ X)
Saturday
Overtime
Hourly
Rate
(2 X)
Sunday/
Holiday
Overtime
Hourly
Rate
Mechanic $47.25a $11.28b $8.12c $3.56 $1.49 $0.00 8.0 $71.70 $95.325d $118.95 $95.325e $118.95 $118.95f Determination: SC-3-5-1-2021-1 and SC-3-5-3-2021-2
Determination:
SC-3-5-3-2021-2
Issue Date:
August 22, 2021
Expiration date of determination:
July 3, 2022* Effective until superseded by a new determination issued by the Director of Industrial Relations. Contact the Office of the Director – Research Unit at (415) 703-4774 for the new rates after 10 days from the expiration date, if no subsequent determination is issued.
Wages and Employer Payments:
Classification
Basic
Hourly
Rate
Health
and
Welfare
Pension Vacation
and
Holiday
Training Other Hours Total
Hourly
Rate
Daily
Overtime
Hourly
Rate
(1 ½ X)
Daily
Overtime
Hourly
Rate
(2 X)
Saturday
Overtime
Hourly
Rate
(1 ½ X)
Saturday
Overtime
Hourly
Rate
(2 X)
Sunday/
Holiday
Overtime
Hourly
Rate
Hazardous
Material
Handler
Mechanic
$22.40g $6.08h $6.17 $0.00 $0.82 $0.00 8.0 $35.47 $46.67 $0.00 $46.67 $0.00 $46.67i Note:
Asbestos removal workers must be trained and the work conducted according to the Code of Federal Regulations 29 CFR 1926.58, the California Labor Code 6501.5 and the California Code of Regulations, Title 8, Section 5208. Contractors must be certified by the Contractors’ State License Board and registered with the Division of Occupational Safety and Health (DOSH). For further information, contact the Asbestos Contractors Abatement Registration Unit, DOSH at (510) 286-7362.
Recognized holidays:
Holidays upon which the general prevailing hourly wage rate for Holiday work shall be paid, shall be all holidays in the collective bargaining agreement, applicable to the particular craft, classification, or type of worker employed on the project, which is on file with the Director of Industrial Relations. If the prevailing rate is not based on a collectively bargained rate, the holidays upon which the prevailing rate shall be paid shall be as provided in Section 6700 of the Government Code. You may obtain the holiday provisions for the current determinations on the Director's General Prevailing Wage Determinations Website (http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm). Holiday provisions for current or superseded determinations may be obtained by contacting the Office of the Director – Research Unit at (415) 703-4774.
Travel and/or subsistence payment:
In accordance with Labor Code Sections 1773.1 and 1773.9, contractors shall make travel and/or subsistence payments to each worker to execute the work. You may obtain the travel and/or subsistence provisions for the current determinations on the Director's General Prevailing Wage Determinations Website (http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm). Travel and/or subsistence requirements for current or superseded determinations may be obtained by contacting the Office of the Director – Research Unit at (415) 703-4774.
Determination: SC-3-5-1-2021-1 and SC-3-5-3-2021-2
# Indicates an apprenticeable craft. The current apprentice wage rates are available on the Prevailing Wage Apprentice Determinations Website (http://www.dir.ca.gov/OPRL/PWAppWage/PWAppWageStart.asp). a Includes 6.5% of employees gross wage for dues/service fee check-off plus $0.25 for supplemental dues. b Includes $0.01 for Occupational Health Plan.
c Pursuant to Labor Code Sections 1773.1 and 1773.8, the amount paid for the employer payment may vary resulting in a lower taxable Basic Hourly Rate, but the Total Hourly Rates for Straight Time and Overtime may not be less than the general prevailing rate of per diem wages. d Rate applies to the first 2 overtime hours. Applies to all daily overtime hours on maintenance and asbestos abatement projects. e Rate applies to first 8 hours worked on new construction. Applies to all Saturday hours on maintenance and asbestos abatement projects. f $166.20 per hour for work on Labor Day. For maintenance and asbestos abatement projects, Sundays and observed holidays may be worked at the time and one half rate.
g Includes 6.5% of employees gross wage for dues/service fee check-off plus $0.06 for supplemental dues. h Includes $0.40 for medical monitoring in compliance with industry regulations procedures and $0.01 for Occupational Health Plan. i $80.27 per hour for work on Labor Day.
GENERAL PREVAILING WAGE DETERMINATION MADE BY THE DIRECTOR OF INDUSTRIAL RELATIONS PURSUANT TO CALIFORNIA LABOR CODE PART 7, CHAPTER 1, ARTICLE 2, SECTIONS 1770, 1773 AND 1773.1
FOR COMMERCIAL BUILDING, HIGHWAY, HEAVY CONSTRUCTION AND DREDGING PROJECTS Craft: Fire Safety and Miscellaneous Sealing
Determination:
SC-3-5-4-2021-1
Issue Date:
August 22, 2021
Expiration date of determination:
August 31, 2022* Effective until superseded by a new determination issued by the Director of Industrial Relations. Contact the Division of Labor Statistics and Research at (415) 703-4774 for the new rates after 10 days from the expiration date, if no subsequent determination is issued.
Localities:
All localities within Imperial, Inyo, Kern, Los Angeles, Mono, Orange, Riverside, San Bernardino, San Diego, San Luis Obispo, Santa Barbara, and Ventura counties.
Wages and Employer Payments:
Classification
(Journeyperson)
Basic
Hourly
Rate d
Health
and
Welfare e
Pension Vacation
and
Holiday
Other Hours Total
Hourly
Rate
Daily and
Saturday
Overtime
Hourly
Rate
(1 ½ X) a
Sunday/
Holiday
Overtime
Hourly
Rate
(2 X)
Sunday/
Holiday
Overtime
Hourly
Rate
(3 X) b
Asbestos Worker, Fire Safety
Technician – Class I
(0-2000 hrs) c
$19.60 $10.01 $0.00 $0.90 $0.05 8.0 $30.56 $40.36 $50.16 $69.76 Asbestos Worker, Fire Safety
Technician – Class II
(2001-4000 hrs) c
$25.18 $10.01 $0.00 $1.26 $0.05 8.0 $36.50 $49.09 $61.68 $86.86 Asbestos Worker, Fire Safety
Technician – Class III
(4001-6000 hrs) c
$27.73 $10.01 $8.12 $1.33 $0.05 8.0 $47.24 $61.105 $74.97 $102.70 Asbestos Worker, Fire Safety
Technician – Class IV
(6001 or more hrs) c
$32.09 $10.01 $8.12 $1.53 $0.05 8.0 $51.80 $67.845 $83.89 $115.98 Determination: SC-3-5-4-2021-1 and SC-204-X-18-2021-1
Wages and Employer Payments (Shift):
Classification
(Journeyperson)
(Shift)
Basic
Hourly
Rate d
Health
and
Welfare e
Pension Vacation
and
Holiday
Other Hours Total
Hourly
Rate
Daily and
Saturday
Overtime
Hourly
Rate
(1 ½ X) f
Sunday/
Holiday
Overtime
Hourly
Rate
(2 X)
Sunday/
Holiday
Overtime
Hourly
Rate
(3 X) b
Asbestos Worker, Fire Safety
Technician – Class I
(0-2000 hrs) c
$19.60 $10.01 $0.00 $0.90 $0.05 g $30.56 $40.36 $50.16 $69.76 Asbestos Worker, Fire Safety
Technician – Class II
(2001-4000 hrs) c
$25.18 $10.01 $0.00 $1.26 $0.05 g $36.50 $49.09 $61.68 $86.86 Asbestos Worker, Fire Safety
Technician – Class III
(4001-6000 hrs) c
$27.73 $10.01 $8.12 $1.33 $0.05 g $47.24 $61.105 $74.97 $102.70 Asbestos Worker, Fire Safety
Technician – Class IV
(6001 or more hrs) c
$32.09 $10.01 $8.12 $1.53 $0.05 g $51.80 $67.845 $83.89 $115.98 Determination: SC-3-5-4-2021-1 and SC-204-X-18-2021-1
Determination:
SC-204-X-18-2021-1
Issue Date:
August 22, 2021
Expiration date of determination:
August 31, 2022** The rate to be paid for work performed after this date has been determined. If work will extend past this date, the new rate must be paid and should be incorporated in contracts entered into now. Contact the Office of the Director - Research Unit for specific rates at (415) 703-4774.
Localities:
All localities within Imperial, Inyo, Kern, Los Angeles, Mono, Orange, Riverside, San Bernardino, San Diego, San Luis Obispo, Santa Barbara, and Ventura counties.
Wages and Employer Payments:
Classification
(Journeyperson)
Basic
Hourly
Rate d
Health
and
Welfare
Pension Vacation
and
Holiday h
Training Other Hours Total
Hourly
Rate
Daily and
Saturday
Overtime
Hourly
Rate
(1 ½ X) i
Sunday/
Holiday
Overtime
Hourly
Rate
(2 X)
Sunday/
Holiday
Overtime
Hourly
Rate
(3 X) b
Plumber, Fire Safety
Technician – Class I
(0-2000 hrs) c
$20.78 $8.25 $0.00 $0.00 $0.10 $1.45 8.0 $30.58 $40.97 $51.36 $72.14 Plumber, Fire Safety
Technician – Class II
(2001-4000 hrs) c
$26.71 $8.25 $0.00 $0.00 $0.10 $1.45 8.0 $36.51 $49.865 $62.61 $88.10 Plumber, Fire Safety
Technician – Class III
(4001-6000 hrs) c
$29.78 $8.25 $7.12 $0.00 $0.10 $1.45 8.0 $46.70 $61.59 $75.62 $103.68 Plumber, Fire Safety
Technician – Class IV
(6001 or more hrs) c
$34.33 $8.25 $7.12 $0.00 $0.10 $1.45 8.0 $51.25 $68.415 $84.22 $115.83 Determination: SC-3-5-4-2021-1 and SC-204-X-18-2021-1
Wages and Employer Payments (Shift):
Classification
(Journeyperson)
(Shift)
Basic
Hourly
Rate d
Health
and
Welfare
Pension Vacation
and
Holiday h
Training Other Hours Total
Hourly
Rate
Daily and
Saturday
Overtime
Hourly
Rate
(1 ½ X) i
Sunday/
Holiday
Overtime
Hourly
Rate
(2 X)
Sunday/
Holiday
Overtime
Hourly
Rate
(3 X) b
Plumber, Fire Safety
Technician – Class I
(0-2000 hrs) c
$21.82 $8.25 $0.00 $0.00 $0.10 $1.45 8.0 $31.62 $42.53 $53.44 $75.26 Plumber, Fire Safety
Technician – Class II
(2001-4000 hrs) c
$27.98 $8.25 $0.00 $0.00 $0.10 $1.45 8.0 $37.78 $51.77 $65.15 $91.91 Plumber, Fire Safety
Technician – Class III
(4001-6000 hrs) c
$31.18 $8.25 $7.12 $0.00 $0.10 $1.45 8.0 $48.10 $63.69 $78.42 $107.88 Plumber, Fire Safety
Technician – Class IV
(6001 or more hrs) c
$35.91 $8.25 $7.12 $0.00 $0.10 $1.45 8.0 $52.83 $70.785 $87.38 $120.57 Recognized holidays:
Holidays upon which the general prevailing hourly wage rate for Holiday work shall be paid, shall be all holidays in the collective bargaining agreement, applicable to the particular craft, classification, or type of worker employed on the project, which is on file with the Director of Industrial Relations. If the prevailing rate is not based on a collectively bargained rate, the holidays upon which the prevailing rate shall be paid shall be as provided in Section 6700 of the Government Code. You may obtain the holiday provisions for the current determinations on the Director's General Prevailing Wage Determinations Website (http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm). Holiday provisions for current or superseded determinations may be obtained by contacting the Office of the Director – Research Unit at (415) 703-4774.
Travel and/or subsistence payment:
In accordance with Labor Code Sections 1773.1 and 1773.9, contractors shall make travel and/or subsistence payments to each worker to execute the work. You may obtain the travel and/or subsistence provisions for the current determinations on the Director's General Prevailing Wage Determinations Website (http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm). Travel and/or subsistence requirements for current or superseded determinations may be obtained by contacting the Office of the Director – Research Unit at (415) 703-4774. a Rate applies to the first 2 daily overtime hours and the first 8 hours worked on Saturday. All other overtime is at the Sunday & Holiday rate. b No work shall be performed on Labor Day, except in special cases of extreme emergency and then only when triple (3) times is paid. c The 1st man on a job site shall be a Class IV Fire Safety Technician. A Class IV must be on a job site at all times. d Includes an amount per hour worked for Administrative Dues.
Determination: SC-3-5-4-2021-1 and SC-204-X-18-2021-1
e Includes an amount for Occupational Health and Research. f Rate applies to the first 2.5 daily overtime hours on the 2nd shift; first 3 daily overtime hours on the 3rd shift; and the first 7.5 hours (2nd shift) and first 7 hours (3rd shift) worked on Saturday. All other overtime is at the Sunday & Holiday rate. g When 2 or 3 shifts are employed, the 2nd shift shall work 7.5 hours for 8 hours pay; the 3rd shift shall work 7 hours for 8 hours pay. h Vacation/Holiday shall be paid at time and one half for all overtime hours and is included in the Basic Hourly Rate. i Rate applies to the first 2 daily overtime hours and the first 10 hours worked on Saturday. All other overtime is at the Sunday & Holiday rate.
GENERAL PREVAILING WAGE DETERMINATION MADE BY THE DIRECTOR OF INDUSTRIAL RELATIONS PURSUANT TO CALIFORNIA LABOR CODE PART 7, CHAPTER 1, ARTICLE 2, SECTIONS 1770, 1773 AND 1773.1
FOR COMMERCIAL BUILDING, HIGHWAY, HEAVY CONSTRUCTION AND DREDGING PROJECTS Craft: Carpenter and Related Trades#
Determination:
SC-23-31-2-2022-1
Issue Date:
February 22, 2022
Expiration date of determination:
June 30, 2022* Effective until superseded by a new determination issued by the Director of Industrial Relations. Contact the Office of the Director – Research Unit at (415) 703-4774 for the new rates after 10 days from the expiration date, if no subsequent determination is issued.
Localities:
All localities within Imperial, Inyo, Kern, Los Angeles, Mono, Orange, Riverside, San Bernardino, San Luis Obispo, Santa Barbara, and Ventura counties.
Area 1: Imperial, Los Angeles, Orange, Riverside, San Bernardino, San Luis Obispo, Santa Barbara and Ventura counties.
Area 2: Inyo, Kern, and Mono counties.
Wages and Employer Payments:
Classification
(Journeyperson)
Basic
Hourly
Rate a
Health
and
Welfare
Pension Vacation
and
Holiday
b
Training Other cHours Total
Hourly
Rate
Daily
Overtime
Hourly
Rate
(1 ½ X) d
Saturday
Overtime
Hourly
Rate
(1 ½ X) e
Sunday/
Holiday
Overtime
Hourly
Rate
(2 X)
Carpenter f g, Cabinet
Installer, Insulation Installer,
Hardwood Floor Worker,
Acoustical Installer (Area 1)
$44.44 $8.00 $5.66 $7.16 $0.62 $2.44 8.0 $68.32 $90.54 $90.54 $112.76 Carpenter f g, Cabinet
Installer, Insulation Installer,
Hardwood Floor Worker,
Acoustical Installer (Area 2)
$43.87 $8.00 $5.66 $7.16 $0.62 $2.44 8.0 $67.75 $89.685 $89.685 $111.62 Pile Driverman h, Derrick
Bargeman, Rockslinger,
Bridge or Dock Carpenter,
Cable Splicer
$44.57 $8.00 $5.66 $7.16 $0.57 $2.49 8.0 $68.45 $90.735 $90.735 $113.02 Determination: SC-23-31-2-2022-1 and SC-31-741-1-2021-1
Classification
(Journeyperson)
Basic
Hourly
Rate a
Health
and
Welfare
Pension Vacation
and
Holiday
b
Training Other cHours Total
Hourly
Rate
Daily
Overtime
Hourly
Rate
(1 ½ X) d
Saturday
Overtime
Hourly
Rate
(1 ½ X) e
Sunday/
Holiday
Overtime
Hourly
Rate
(2 X)
Bridge Carpenter f $44.57 $8.00 $5.66 $7.16 $0.62 $2.44 8.0 $68.45 $90.735 $90.735 $113.02 Shingler (Area 1) f $44.57 $8.00 $5.66 $7.16 $0.62 $2.44 8.0 $68.45 $90.735 $90.735 $113.02 Shingler (Area 2) f $44.01 $8.00 $5.66 $7.16 $0.62 $2.44 8.0 $67.89 $89.895 $89.895 $111.90 Saw Filer (Area 1) $44.53 $8.00 $5.66 $7.16 $0.62 $2.44 8.0 $68.41 $90.675 $90.675 $112.94 Saw Filer (Area 2) $43.87 $8.00 $5.66 $7.16 $0.62 $2.44 8.0 $67.75 $89.685 $89.685 $111.62 Table Power Saw Operator
(Area 1) $44.54 $8.00 $5.66 $7.16 $0.62 $2.44 8.0 $68.42 $90.69 $90.69 $112.96 Table Power Saw Operator
(Area 2) $44.97 $8.00 $5.66 $7.16 $0.62 $2.44 8.0 $68.85 $91.335 $91.335 $113.82 Pneumatic Nailer or Power
Stapler (Area 1) $44.69 $8.00 $5.66 $7.16 $0.62 $2.44 8.0 $68.57 $90.915 $90.915 $113.26 Pneumatic Nailer or Power
Stapler (Area 2) $44.13 $8.00 $5.66 $7.16 $0.62 $2.44 8.0 $68.01 $90.075 $90.075 $112.14 Roof Loader of Singles
(Area 1) $31.81 $8.00 $5.66 $7.16 $0.62 $2.44 8.0 $55.69 $71.595 $71.595 $87.50 Roof Loader of Shingler
(Area 2) $31.76 $8.00 $5.66 $7.16 $0.62 $2.44 8.0 $55.64 $71.52 $71.52 $87.40 Scaffold Builder $35.64 $8.00 $5.66 $7.16 $0.62 $2.44 8.0 $59.52 $77.34 $77.34 $95.16 Millwright f $44.94 $8.00 $5.66 $7.16 $0.62 $2.64 8.0 $69.02 $91.49 $91.49 $113.96 Head Rockslinger $44.67 $8.00 $5.66 $7.16 $0.62 $2.44 8.0 $68.55 $90.885 $90.885 $113.22 Rock Bargeman or Scowman $44.47 $8.00 $5.66 $7.16 $0.62 $2.44 8.0 $68.35 $90.585 $90.585 $112.82 Diver, Wet
(Up To 50 Ft. Depth) i $97.14j $8.00 $5.66 $7.16 $0.62 $2.44 8.0 $121.02 $169.59 $169.59 $218.16 Diver, (Stand-By) i $48.57j $8.00 $5.66 $7.16 $0.62 $2.44 8.0 $72.45 $96.735 $96.735 $121.02 Diver’s Tender i $47.57 $8.00 $5.66 $7.16 $0.62 $2.44 8.0 $71.45 $95.235 $95.235 $119.02 Assistant Tender (Diver’s) i $44.57 $8.00 $5.66 $7.16 $0.62 $2.44 8.0 $68.45 $90.735 $90.735 $113.02 Determination:
SC-31-741-1-2021-1
Issue Date:
August 22, 2021
Determination: SC-23-31-2-2022-1 and SC-31-741-1-2021-1
Expiration date of determination:
May 31, 2022** The rate to be paid for work performed after this date has been determined. If work will extend past this date, the new rate must be paid and should be incorporated in contracts entered into now. Contact the Office of the Director - Research Unit for specific rates at (415) 703-4774.
Wages and Employer Payments:
Classification
(Journeyperson)
Basic
Hourly
Rate
Health
and
Welfare
Pension Vacation
and
Holiday
b
Training Hours Total
Hourly
Rate
Daily
Overtime
Hourly
Rate
(1 ½ X)
Saturday
Overtime
Hourly
Rate
(1 ½ X) k
Holiday
Overtime
Hourly
Rate
(2 X)
Terrazzo Installer $41.66 $8.00 $5.66 $4.59 $0.50 8.0 $60.41 $81.24 $81.24 $102.07 Terrazzo Finisher $35.16 $8.00 $5.66 $4.59 $0.50 8.0 $53.91 $71.49 $71.49 $89.07 Recognized holidays:
Holidays upon which the general prevailing hourly wage rate for Holiday work shall be paid, shall be all holidays in the collective bargaining agreement, applicable to the particular craft, classification, or type of worker employed on the project, which is on file with the Director of Industrial Relations. If the prevailing rate is not based on a collectively bargained rate, the holidays upon which the prevailing rate shall be paid shall be as provided in Section 6700 of the Government Code. You may obtain the holiday provisions for the current determinations on the Director's General Prevailing Wage Determinations Website (http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm). Holiday provisions for current or superseded determinations may be obtained by contacting the Office of the Director – Research Unit at (415) 703-4774.
Travel and/or subsistence payment:
In accordance with Labor Code Sections 1773.1 and 1773.9, contractors shall make travel and/or subsistence payments to each worker to execute the work. You may obtain the travel and/or subsistence provisions for the current determinations on the Director's General Prevailing Wage Determinations Website (http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm). Travel and/or subsistence requirements for current or superseded determinations may be obtained by contacting the Office of the Director – Research Unit at (415) 703-4774. # Indicates an apprenticeable craft. The current apprentice wage rates are available on the Prevailing Wage Apprentice Determinations Website (http://www.dir.ca.gov/OPRL/PWAppWage/PWAppWageStart.asp). a Basic Hourly Rates for Area 2 include an additional amount deducted for vacation/holiday. b Includes an amount for supplemental dues.
c Includes an amount for Annuity.
d All overtime worked Mon - Fri shall be paid at 1 1/2 times the straight time rate for the first four (4) hours and double (2x) the straight time for work performed after twelve (12) hours.
e First eight (8) hours worked paid at 1 1/2 times the straight time rate, all hours after that paid at double (2x) the straight time rate. Saturdays in the same work week may be worked at straight-time rates if a job is shut down during the normal work week due to inclement weather, major mechanical breakdown or lack of materials beyond the control of the Employer. f When performing welding work requiring certification, classification will receive an additional $1.00 per hour.
Determination: SC-23-31-2-2022-1 and SC-31-741-1-2021-1
g A Carpenter who performs work of forming in the construction of open cut sewers or storm drains shall receive a premium of thirteen cents ($0.13) per hour in addition to his Carpenter's scale. This premium shall apply only on an operation in which horizontal lagging is used in conjunction with Steel H-Beams driven or placed in pre-drilled holes, for that portion of a lagged trench against which concrete is poured, namely, as a substitute for back forms, which work is performed by pile drivers. h When performing welding work requiring certification, classification will receive an additional $1.00 per hour. An additional $0.50 per hour when handling or working with new pressure-treated creosote piling or timber, or driving of used pressure-treated creosote piling. i Shall receive a minimum of 8 hours pay for any day or part thereof. j For specific rates over 50 ft depth, contact the Office of the Director – Research Unit. Rates for Technicians, Manifold Operators, Pressurized Submersible Operators, Remote Control Vehicle Operators, and Remote Operated Vehicle Operators, as well as rates for Pressurized Bell Diving and Saturation Diving are available upon request. k Saturdays in the same work week may be worked at straight-time rates if a job is shut down during the normal work week due to inclement weather, major mechanical breakdown or lack of materials beyond the control of the Employer. Work on Sunday, if it is the 7th consecutive workday, shall be paid at double (2x) the straight-time rate.
GENERAL PREVAILING WAGE DETERMINATION MADE BY THE DIRECTOR OF INDUSTRIAL RELATIONS PURSUANT TO CALIFORNIA LABOR CODE PART 7, CHAPTER 1, ARTICLE 2, SECTIONS 1770, 1773 AND 1773.1
FOR COMMERCIAL BUILDING, HIGHWAY, HEAVY CONSTRUCTION AND DREDGING PROJECTS Craft: Modular Furniture Installer (Carpenter)#
Determination:
SC-23-31-16-2021-1
Issue Date:
February 22, 2021
Expiration date of determination:
December 31, 2021* Effective until superseded by a new determination issued by the Director of Industrial Relations. Contact the Division of Labor Statistics and Research at (415) 703-4774 for the new rates after 10 days from the expiration date, if no subsequent determination is issued.
Localities:
All localities within Imperial, Inyo, Kern, Los Angeles, Mono, Orange, Riverside, San Bernardino, San Diego, San Luis Obispo, Santa Barbara, and Ventura Counties
Wages and Employer Payments:
Classification
(Journeyperson)
Basic
Hourly
Rate
Health
and
Welfare
Pension Vacation
and
Holidaya
Training Other Hours Total
Hourly
Rate
Daily
Overtime
Hourly
Rateb
(1 ½ X)
6th
Workday
Overtime
Hourly
Rateb
(1 ½ X)
7th
Workday/
Holiday
Overtime
Hourly
Rate
(2 X)
Modular Installer: Installer $20.00 $5.19 $1.86 $1.85 $0.10 $0.03 8.0 $29.03 $39.03 $39.03 $49.03 Modular Installer: Lead Installer $22.00 $5.19 $1.86 $1.85 $0.10 $0.03 8.0 $31.03 $42.03 $42.03 $53.03 Recognized holidays:
Holidays upon which the general prevailing hourly wage rate for Holiday work shall be paid, shall be all holidays in the collective bargaining agreement, applicable to the particular craft, classification, or type of worker employed on the project, which is on file with the Director of Industrial Relations. If the prevailing rate is not based on a collectively bargained rate, the holidays upon which the prevailing rate shall be paid shall be as provided in Section 6700 of the Government Code. You may obtain the holiday provisions for the current determinations on the Director's General Prevailing Wage Determinations Website (http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm). Holiday provisions for current or superseded determinations may be obtained by contacting the Office of the Director – Research Unit at (415) 703-4774.
Determination: SC-23-31-16-2021-1
Travel and/or subsistence payment:
In accordance with Labor Code Sections 1773.1 and 1773.9, contractors shall make travel and/or subsistence payments to each worker to execute the work. You may obtain the travel and/or subsistence provisions for the current determinations on the Director's General Prevailing Wage Determinations Website (http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm). Travel and/or subsistence requirements for current or superseded determinations may be obtained by contacting the Office of the Director – Research Unit at (415) 703-4774. # Indicates an apprenticeable craft. The current apprentice wage rates are available on the Prevailing Wage Apprentice Determinations Website (http://www.dir.ca.gov/OPRL/PWAppWage/PWAppWageStart.asp). a Includes an amount for Supplemental Dues.
b Rate applies to the first 4 daily overtime hours and first 12 hours worked on a sixth (6th) consecutive day. All other daily overtime is paid the 7th Workday/Holiday rate.
GENERAL PREVAILING WAGE DETERMINATION MADE BY THE DIRECTOR OF INDUSTRIAL RELATIONS PURSUANT TO CALIFORNIA LABOR CODE PART 7, CHAPTER 1, ARTICLE 2, SECTIONS 1770, 1773 AND 1773.1
FOR COMMERCIAL BUILDING, HIGHWAY, HEAVY CONSTRUCTION AND DREDGING PROJECTS Craft: Fence Builder (Carpenter)#
Determination:
SC-23-31-20-2021-1
Issue Date:
August 22, 2021
Expiration date of determination:
June 30, 2022* Effective until superseded by a new determination issued by the Director of Industrial Relations. Contact the Office of the Director – Research Unit at (415) 703-4774 for the new rates after ten days after the expiration date if no subsequent determination is issued.
Localities:
All localities within Imperial, Inyo, Kern, Los Angeles, Mono, Orange, Riverside, San Bernardino, San Diego, San Luis Obispo, Santa Barbara, and Ventura counties.
Wages and Employer Payments:
Classification
(Journeyperson)
Basic
Hourly
Rate
Health
and
Welfare
Pension Vacation
and
Holiday
Training Other aHours Total
Hourly
Rate
Daily
Overtime
Hourly
Rate
(1 ½ X) b
Saturday
Overtime
Hourly
Rate
(1 ½ X) c
Sunday/
Holiday
Overtime
Hourly
Rate
Fence Builder $41.34 $8.00 $5.50 $6.16 $0.62 $1.51 8.0 $63.13 $83.80 $83.80 $104.47 Recognized holidays:
Holidays upon which the general prevailing hourly wage rate for Holiday work shall be paid, shall be all holidays in the collective bargaining agreement, applicable to the particular craft, classification, or type of worker employed on the project, which is on file with the Director of Industrial Relations. If the prevailing rate is not based on a collectively bargained rate, the holidays upon which the prevailing rate shall be paid shall be as provided in Section 6700 of the Government Code. You may obtain the holiday provisions for the current determinations on the Director's General Prevailing Wage Determinations Website (http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm). Holiday provisions for current or superseded determinations may be obtained by contacting the Office of the Director – Research Unit at (415) 703-4774.
Travel and/or subsistence payment:
In accordance with Labor Code Sections 1773.1 and 1773.9, contractors shall make travel and/or subsistence payments to each worker to execute the work. You may obtain the travel and/or subsistence provisions for the current determinations on the Director's General Prevailing Wage Determinations Website (http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm). Travel and/or subsistence requirements for current or superseded determinations may be obtained by contacting the Office of the Director – Research Unit at (415) 703-4774.
Determination: SC-23-31-20-2021-1
# Indicates an apprenticeable craft. The current apprentice wage rates are available on the Prevailing Wage Apprentice Determinations Website (http://www.dir.ca.gov/OPRL/PWAppWage/PWAppWageStart.asp). a Includes an amount for Annuity. b Rate applies to the first 4 overtime hours. All other time is paid at the Sunday and Holiday overtime hourly rate. c Saturdays in the same work week may be worked at straight-time for the first 8 hours if the job is shut down during the normal work week due to inclement weather, or reasons beyond the control of the employer.
GENERAL PREVAILING WAGE DETERMINATION MADE BY
THE DIRECTOR OF INDUSTRIAL RELATIONS PURSUANT TO CALIFORNIA LABOR CODE PART 7, CHAPTER 1, ARTICLE 2, SECTIONS 1770, 1773 AND 1773.1
FOR COMMERCIAL BUILDING, HIGHWAY, HEAVY CONSTRUCTION AND DREDGING PROJECTS CRAFT: CRANES, PILE DRIVER AND HOISTING EQUIPMENT (OPERATING ENGINEER) # Determination:
SC-23-63-2-2021-1B
Issue Date:
August 22, 2021
Expiration date of determination:
June 30, 2022* Effective until superseded by a new determination issued by the Director of Industrial Relations. Contact the Office of the Director – Research Unit at (415) 703-4774 for the new rates after 10 days from the expiration date, if no subsequent determination is issued.
Localities:
All localities within Imperial, Inyo, Kern, Los Angeles, Mono, Orange, Riverside, San Bernardino, San Luis Obispo, Santa Barbara and Ventura Counties.
Wages and total hourly rates (including employer payments):
Classificationa
(Journeyperson)
Basic
Hourly
Rate
Hours
Total
Hourly
Rate
Daily Overtime
Hourly Rateb
(1½ x)
Saturday
Overtime
Hourly
Ratec
(1½ x)
Sunday/Holiday
Overtime
Hourly Rate
(2 x)
Group 1 $51.00 8 $81.04 $106.540 $106.540 $132.04
Group 2 $51.78 8 $81.82 $107.710 $107.710 $133.60
Group 3 $52.07 8 $82.11 $108.145 $108.145 $134.18
Group 4 $52.21 8 $82.25 $108.355 $108.355 $134.46
Group 5 $52.43 8 $82.47 $108.685 $108.685 $134.90
Group 6 $52.54 8 $82.58 $108.850 $108.850 $135.12
Group 7 $52.66 8 $82.70 $109.030 $109.030 $135.36
Group 8 $52.83 8 $82.87 $109.285 $109.285 $135.70
Group 9 $53.00 8 $83.04 $109.540 $109.540 $136.04
Group 10 $54.00 8 $84.04 $111.040 $111.040 $138.04
Group 11 $55.00 8 $85.04 $112.540 $112.540 $140.04
Group 12 $56.00 8 $86.04 $114.040 $114.040 $142.04
Group 13 $57.00 8 $87.04 $115.540 $115.540 $144.04
Employer Payments:
Type of Fund Amount per Hour
Health and Welfare $11.85
Pensiond $13.15
Vacation and Holidaye $3.60
Training $1.05
Other $0.39
Determination: SC-23-63-2-2021-1B; SC-23-63-2-2021-1B1; SC-23-63-2-2021-1B2
GENERAL PREVAILING WAGE DETERMINATION MADE BY
THE DIRECTOR OF INDUSTRIAL RELATIONS PURSUANT TO CALIFORNIA LABOR CODE PART 7, CHAPTER 1, ARTICLE 2, SECTIONS 1770, 1773 AND 1773.1
FOR COMMERCIAL BUILDING, HIGHWAY, HEAVY CONSTRUCTION AND DREDGING PROJECTS CRAFT: CRANES, PILE DRIVER AND HOISTING EQUIPMENT
(OPERATING ENGINEER, SPECIAL SHIFT) #
Determination:
SC-23-63-2-2021-1B1
Issue Date:
August 22, 2021
Expiration date of determination:
June 30, 2022* Effective until superseded by a new determination issued by the Director of Industrial Relations. Contact the Office of the Director – Research Unit at (415) 703-4774 for the new rates after 10 days from the expiration date, if no subsequent determination is issued.
Localities:
All localities within Imperial, Inyo, Kern, Los Angeles, Mono, Orange, Riverside, San Bernardino, San Luis Obispo, Santa Barbara and Ventura Counties.
Wages and total hourly rates (including employer payments):
Classificationa
(Journeyperson)
Basic
Hourly
Rate
Hours
Total
Hourly
Rate
Daily
Overtime
Hourly Rateb
(1½ x)
Saturday
Overtime
Hourly Ratec
(1½ x)
Sunday/Holiday
Overtime
Hourly Rate
(2 x)
Group 1 $51.50 8 $81.54 $107.290 $107.290 $133.04
Group 2 $52.28 8 $82.32 $108.460 $108.460 $134.60
Group 3 $52.57 8 $82.61 $108.895 $108.895 $135.18
Group 4 $52.71 8 $82.75 $109.105 $109.105 $135.46
Group 5 $52.93 8 $82.97 $109.435 $109.435 $135.90
Group 6 $53.04 8 $83.08 $109.600 $109.600 $136.12
Group 7 $53.16 8 $83.20 $109.780 $109.780 $136.36
Group 8 $53.33 8 $83.37 $110.035 $110.035 $136.70
Group 9 $53.50 8 $83.54 $110.290 $110.290 $137.04
Group 10 $54.50 8 $84.54 $111.790 $111.790 $139.04
Group 11 $55.50 8 $85.54 $113.290 $113.290 $141.04
Group 12 $56.50 8 $86.54 $114.790 $114.790 $143.04
Group 13 $57.50 8 $87.54 $116.290 $116.290 $145.04
Employer Payments:
Type of Fund Amount per Hour
Health and Welfare $11.85
Pensiond $13.15
Vacation and Holidaye $3.60
Training $1.05
Other $0.39
Determination: SC-23-63-2-2021-1B; SC-23-63-2-2021-1B1; SC-23-63-2-2021-1B2
GENERAL PREVAILING WAGE DETERMINATION MADE BY
THE DIRECTOR OF INDUSTRIAL RELATIONS PURSUANT TO CALIFORNIA LABOR CODE PART 7, CHAPTER 1, ARTICLE 2, SECTIONS 1770, 1773 AND 1773.1
FOR COMMERCIAL BUILDING, HIGHWAY, HEAVY CONSTRUCTION AND DREDGING PROJECTS CRAFT: CRANES, PILE DRIVER AND HOISTING EQUIPMENT
(OPERATING ENGINEER, MULTI-SHIFT) #
Determination:
SC-23-63-2-2021-1B2
Issue Date:
August 22, 2021
Expiration date of determination:
June 30, 2022* Effective until superseded by a new determination issued by the Director of Industrial Relations. Contact the Office of the Director – Research Unit at (415) 703-4774 for the new rates after 10 days from the expiration date, if no subsequent determination is issued.
Localities:
All localities within Imperial, Inyo, Kern, Los Angeles, Mono, Orange, Riverside, San Bernardino, San Luis Obispo, Santa Barbara and Ventura Counties.
Wages:
Classificationa
(Journeyperson)
Basic
Hourly
Rate
Hoursf
Total
Hourly
Rate
Daily
Overtime
Hourly
Rateb
(1½ x)
Saturday
Overtime
Hourly
Ratec
(1½ x)
Sunday/Holiday
Overtime
Hourly Rate
(2 x)
Group 1 $52.00 8 $82.04 $108.040 $108.040 $134.04
Group 2 $52.78 8 $82.82 $109.210 $109.210 $135.60
Group 3 $53.07 8 $83.11 $109.645 $109.645 $136.18
Group 4 $53.21 8 $83.25 $109.855 $109.855 $136.46
Group 5 $53.43 8 $83.47 $110.185 $110.185 $136.90
Group 6 $53.54 8 $83.58 $110.350 $110.350 $137.12
Group 7 $53.66 8 $83.70 $110.530 $110.530 $137.36
Group 8 $53.83 8 $83.87 $110.785 $110.785 $137.70
Group 9 $54.00 8 $84.04 $111.040 $111.040 $138.04
Group 10 $55.00 8 $85.04 $112.540 $112.540 $140.04
Group 11 $56.00 8 $86.04 $114.040 $114.040 $142.04
Group 12 $57.00 8 $87.04 $115.540 $115.540 $144.04
Group 13 $58.00 8 $88.04 $117.040 $117.040 $146.04
Employer Payments:
Type of Fund Amount per Hour
Health and Welfare $11.85
Pensiond $13.15
Vacation and Holidaye $3.60
Training $1.05
Other $0.39
Determination: SC-23-63-2-2021-1B; SC-23-63-2-2021-1B1; SC-23-63-2-2021-1B2
Recognized holidays:
Holidays upon which the general prevailing hourly wage rate for Holiday work shall be paid, shall be all holidays in the collective bargaining agreement, applicable to the particular craft, classification, or type of worker employed on the project, which is on file with the Director of Industrial Relations. If the prevailing rate is not based on a collectively bargained rate, the holidays upon which the prevailing rate shall be paid shall be as provided in Section 6700 of the Government Code. You may obtain the holiday provisions for the current determinations on the Director's General Prevailing Wage Determinations Website (http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm). Holiday provisions for current or superseded determinations may be obtained by contacting the Office of the Director – Research Unit at (415) 703-4774.
Travel and/or subsistence payment:
In accordance with Labor Code Sections 1773.1 and 1773.9, contractors shall make travel and/or subsistence payments to each worker to execute the work. You may obtain the travel and/or subsistence provisions for the current determinations on the Director's General Prevailing Wage Determinations Website (http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm). Travel and/or subsistence requirements for current or superseded determinations may be obtained by contacting the Office of the Director – Research Unit at (415) 703-4774.
Classifications:
Group 1
Engineer Oiler
Group 2
Truck Crane Oiler
Group 3
A-Frame or Winch Truck Operator
Ross Carrier Operator (Jobsite)
Group 4
Bridge-Type Unloader and Turntable Operator
Helicopter Hoist Operator
Snobble Unit (pin-n-go or similar type)
Group 5
Hydraulic Boom Truck/Knuckleboom
Stinger Crane (Austin-Western or similar type)
Tugger Hoist Operator (1 drum)
Group 6
Bridge Crane Operator
Cretor Crane Operator
Hoist Operator (Chicago Boom and similar type)
Lift Mobile Operator
Lift Slab Machine Operator (Vagtborg and similar
types)
Material Hoist and/or Manlift Operator
Polar Gantry Crane Operator
Prentice Self-Loader
Self Climbing Scaffold (or similar type)
Shovel, Dragline, Clamshell Operator (over ¾ yd
and up to 5 cu yds, M.R.C.)
Silent Piler
Tugger Hoist Operator (2 drum)
Group 7
Pedestal Crane Operator
Shovel, Dragline, Clamshell Operator (over 5 cu
yds, M.R.C.)
Tower Crane Repairman
Tugger Hoist Operator (3 drum)
Group 8
Crane Operator (up to and including 25 ton
capacity)
Crawler Transporter Operator
Derrick Barge Operator (up to and including 25 ton
capacity)
Hoist Operator, Stiff Legs, Guy Derrick or similar
type (up to and including 25 ton capacity)
Shovel, Dragline, Clamshell Operator (over 7 cu yds
M.R.C.)
Group 9
Crane Operator (over 25 tons, up to and including
50 ton M.R.C.)
Derrick Barge Operator (over 25 tons, up to and
including 50 ton M.R.C.)
Highline Cableway Operator
Determination: SC-23-63-2-2021-1B; SC-23-63-2-2021-1B1; SC-23-63-2-2021-1B2
Hoist Operator, Stiff Legs, Guy Derrick or similar
type (over 25 tons, up to and including 50 ton
M.R.C.)
K-Crane
Polar Crane Operator
Self Erecting Tower Crane Operator Maximum
Lifting Capacity ten (10) tons
Group 10
ABI/lFundex Machine
Crane Operator (over 50 tons, up to and including
100 ton M.R.C.)
Derrick Barge Operator (over 50 tons, up to and
including 100 ton M.R.C.)
Hoist Operator, Stiff Legs, Guy Derrick or similar
type (over 50 tons, up to and including 100 ton
M.R.C.)
Mobile Tower Crane Operator (over 50 tons, up to
and including 100 ton M.R.C.)
Shovel, Dragline, Clamshell Operator (over 10 cu.
yrds.)
Group 11
Crane Operator (over 100 tons, up to and including
200 ton M.R.C.)
Derrick Barge Operator (over 100 tons, up to and
including 200 ton M.R.C.)
Hoist Operator, Stiff Legs, Guy Derrick or similar
type (over 100 tons, up to and including 200 ton
M.R.C.)
Mobile Tower Crane Operator (over 100 tons, up to
and including 200 ton M.R.C.)
Tower Crane Operator and Tower Gantry
Group 12
Crane Operator (over 200 tons, up to and including
300 ton M.R.C.)
Derrick Barge Operator (over 200 tons, up to and
including 300 ton M.R.C.)
Hoist Operator, Stiff Legs, Guy Derrick or similar
type (over 200 tons, up to and including 300 ton
M.R.C.)
Mobile Tower Crane Operator (over 200 tons, up to
and including 300 ton M.R.C.)
Group 13
Crane Operator (over 300 tons)
Derrick Barge Operator (over 300 tons)
Helicopter Pilot
Hoist Operator, Stiff Legs, Guy Derrick or similar
type (over 300 tons)
Hydraulically Controlled Lift Gantry Operator BCR
Lift System (over 300 tons)
Mobile Tower Crane Operator (over 300 tons)
MISCELLANEOUS PROVISIONS:
1. Operators on hoists with three drums shall receive fifteen cents (15¢) per hour additional pay to the regular rate of pay. The additional pay shall be added to the regular rate and become the base rate for the entire shift.
2. All heavy duty repairman and heavy duty combination shall receive one dollar ($1.00) per hour tool allowance in addition to their regular rate of pay and this shall become their base rate of pay.
3. Employees required to suit up and work in a hazardous material environment, shall receive two dollars per hour in addition to their regular rate of pay, and that rate shall become the basic hourly rate of pay. # Indicates an apprenticeable craft. The current apprentice wage rates are available on the Prevailing Wage Apprentice Determinations Website (http://www.dir.ca.gov/OPRL/PWAppWage/PWAppWageStart.asp). a For classifications within each group, see Pages 4 and 5. b Rate applies to the first 4 overtime hours. All other daily overtime is paid at the Sunday rate. c Rate applies to the first 12 hours worked. All other time is paid at the Sunday rate. d Includes an amount for Annuity.
e Includes an amount withheld for supplemental dues.
f The Third Shift shall work 6.5 hours, exclusive of meal period, for which 8 hours straight-time shall be paid at the non-shift rate, Monday through Friday.
GENERAL PREVAILING WAGE DETERMINATION MADE BY
THE DIRECTOR OF INDUSTRIAL RELATIONS PURSUANT TO CALIFORNIA LABOR CODE PART 7, CHAPTER 1, ARTICLE 2, SECTIONS 1770, 1773 AND 1773.1
FOR COMMERCIAL BUILDING, HIGHWAY, HEAVY CONSTRUCTION AND DREDGING PROJECTS CRAFT: TUNNEL (OPERATING ENGINEER) #
Determination:
SC-23-63-2-2021-1C
Issue Date:
August 22, 2021
Expiration date of determination:
June 30, 2022* Effective until superseded by a new determination issued by the Director of Industrial Relations. Contact the Office of the Director – Research Unit at (415) 703-4774 for the new rates after 10 days from the expiration date, if no subsequent determination is issued.
Localities:
All localities within Imperial, Inyo, Kern, Los Angeles, Mono, Orange, Riverside, San Bernardino, San Luis Obispo, Santa Barbara and Ventura Counties.
Wages and total hourly rates (including employer payments):
Classificationa
(Journeyperson)
Basic
Hourly
Rate
Hours
Total
Hourly
Rate
Daily
Overtime
Hourly Rateb
(1½ x)
Saturday
Overtime
Hourly Ratec
(1½ x)
Sunday/Holiday
Overtime
Hourly Rate
(2 x)
Group 1 $51.50 8 $81.54 $107.290 $107.290 $133.04
Group 2 $52.28 8 $82.32 $108.460 $108.460 $134.60
Group 3 $52.57 8 $82.61 $108.895 $108.895 $135.18
Group 4 $52.71 8 $82.75 $109.105 $109.105 $135.46
Group 5 $52.93 8 $82.97 $109.435 $109.435 $135.90
Group 6 $53.04 8 $83.08 $109.600 $109.600 $136.12
Group 7 $53.16 8 $83.20 $109.780 $109.780 $136.36
Group 8 $54.51 8 $84.55 $111.805 $111.805 $139.06
Group 9 $53.46 8 $83.50 $110.230 $110.230 $136.96
Employer Payments:
Type of Fund Amount per Hour
Health and Welfare $11.85
Pensiond $13.15
Vacation and Holidaye $3.60
Training $1.05
Other $0.39
Determination: SC-23-63-2-2021-1C; SC-23-63-2-2021-1C1
GENERAL PREVAILING WAGE DETERMINATION MADE BY
THE DIRECTOR OF INDUSTRIAL RELATIONS PURSUANT TO CALIFORNIA LABOR CODE PART 7, CHAPTER 1, ARTICLE 2, SECTIONS 1770, 1773 AND 1773.1
FOR COMMERCIAL BUILDING, HIGHWAY, HEAVY CONSTRUCTION AND DREDGING PROJECTS CRAFT: TUNNEL (OPERATING ENGINEER) (MULTI-SHIFT) #
Determination:
SC-23-63-2-2021-1C1
Issue Date:
August 22, 2021
Expiration date of determination:
June 30, 2022* Effective until superseded by a new determination issued by the Director of Industrial Relations. Contact the Office of the Director – Research Unit at (415) 703-4774 for the new rates after 10 days from the expiration date, if no subsequent determination is issued.
Localities:
All localities within Imperial, Inyo, Kern, Los Angeles, Mono, Orange, Riverside, San Bernardino, San Luis Obispo, Santa Barbara and Ventura Counties.
Wages and total hourly rates (including employer payments):
Classificationa
(Journeyperson)
Basic
Hourly
Rate
Hours
Total
Hourly
Rate
Daily
Overtime
Hourly Rateb
(1½ x)
Saturday
Overtime
Hourly Ratec
(1½ x)
Sunday/Holiday
Overtime
Hourly Rate
(2 x)
Group 1 $51.50 7.5 $81.54 $107.290 $107.290 $133.04
Group 2 $52.28 7.5 $82.32 $108.460 $108.460 $134.60
Group 3 $52.57 7.5 $82.61 $108.895 $108.895 $135.18
Group 4 $52.71 7.5 $82.75 $109.105 $109.105 $135.46
Group 5 $52.93 7.5 $82.97 $109.435 $109.435 $135.90
Group 6 $53.04 7.5 $83.08 $109.600 $109.600 $136.12
Group 7 $53.16 7.5 $83.20 $109.780 $109.780 $136.36
Group 8 $54.51 7.5 $84.55 $111.805 $111.805 $139.06
Group 9 $53.46 7.5 $83.50 $110.230 $110.230 $136.96
Employer Payments:
Type of Fund Amount per Hour
Health and Welfare $11.85
Pensiond $13.15
Vacation and Holidaye $3.60
Training $1.05
Other $0.39
Determination: SC-23-63-2-2021-1C; SC-23-63-2-2021-1C1
Recognized holidays:
Holidays upon which the general prevailing hourly wage rate for Holiday work shall be paid, shall be all holidays in the collective bargaining agreement, applicable to the particular craft, classification, or type of worker employed on the project, which is on file with the Director of Industrial Relations. If the prevailing rate is not based on a collectively bargained rate, the holidays upon which the prevailing rate shall be paid shall be as provided in Section 6700 of the Government Code. You may obtain the holiday provisions for the current determinations on the Director's General Prevailing Wage Determinations Website (http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm). Holiday provisions for current or superseded determinations may be obtained by contacting the Office of the Director – Research Unit at (415) 703-4774.
Travel and/or subsistence payment:
In accordance with Labor Code Sections 1773.1 and 1773.9, contractors shall make travel and/or subsistence payments to each worker to execute the work. You may obtain the travel and/or subsistence provisions for the current determinations on the Director's General Prevailing Wage Determinations Website (http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm). Travel and/or subsistence requirements for current or superseded determinations may be obtained by contacting the Office of the Director – Research Unit at (415) 703-4774.
Classifications:
Group 1
Heavy Duty Repairman Helper
Group 2
Skiploader (wheel type up to ¾ yd. without
attachment)
Group 3
Chainman
Power-Driver Jumbo Form Setter Operator
Group 4
Dinkey Locomotive or Motorman (up to and
including 10 tons)
Rodman
Group 5
Bit Sharpener
Equipment Greaser (Grease Truck)
Instrumentman
Slip Form Pump Operator (power driven hydraulic
lifting device for concrete forms)
Tugger Hoist Operator (1 drum)
Tunnel Locomotive Operator (over 10 and up to
and including 30 tons)
Welder-General
Group 6
Backhoe Operator (up and including 3/4 yd.) Small
Ford, Case or similar types
Drill Doctor
Grouting Machine Operator
Heading Shield Operator
Heavy Duty Repairman
Jumbo Pipe Carrier
Loader Operator (Athey, Euclid, Sierra and similar
types)
Mucking Machine Operator (1/4 yd rubber tired, rail
or track type)
Pneumatic Concrete Placing Machine Operator
(Hackley-Presswell or similar type)
Pneumatic Heading Shield (Tunnel)
Pumpcrete Gun Operator
Tractor Compressor Drill Combination Operator
Tugger Hoist Operator (2 drum)
Tunnel Locomotive Operator (over 30 tons)
Group 7
Heavy Duty Repairman-Welder Combination
Group 8
Party Chief
Group 9
Tunnel Mole Boring Machine Operator
Determination: SC-23-63-2-2021-1C; SC-23-63-2-2021-1C1
MISCELLANEOUS PROVISIONS:
1. Operators on hoists with three drums shall receive fifteen cents (15¢) per hour additional pay to the regular rate of pay. The additional pay shall be added to the regular rate and become the base rate for the entire shift.
2. All heavy duty repairman and heavy duty combination shall receive one dollar ($1.00) per hour tool allowance in addition to their regular rate of pay and this shall become their base rate of pay.
3. Employees required to suit up and work in a hazardous material environment, shall receive Two Dollars ($2.00) per hour in addition to their regular rate of pay, and that rate shall become the basic hourly rate of pay.
# Indicates an apprenticeable craft. The current apprentice wage rates are available on the Prevailing Wage Apprentice Determinations Website (http://www.dir.ca.gov/OPRL/PWAppWage/PWAppWageStart.asp). a For classifications within each group, see Page 3. b Rate applies to the first 4 overtime hours. All other daily overtime is paid at the Sunday rate. c Rate applies to the first 12 hours worked. All other time is paid at the Sunday rate. d Includes an amount for Annuity.
e Includes an amount withheld for supplemental dues.
GENERAL PREVAILING WAGE DETERMINATION MADE BY THE DIRECTOR OF INDUSTRIAL RELATIONS PURSUANT TO CALIFORNIA LABOR CODE PART 7, CHAPTER 1, ARTICLE 2, SECTIONS 1770, 1773 AND 1773.1
FOR COMMERCIAL BUILDING, HIGHWAY, HEAVY CONSTRUCTION AND DREDGING PROJECTS CRAFT: BUILDING/CONSTRUCTION INSPECTOR AND FIELD SOILS AND MATERIAL TESTER# Determination:
SC-23-63-2-2021-1D
Issue Date:
August 22, 2021
Expiration date of determination:
June 30, 2022* Effective until superseded by a new determination issued by the Director of Industrial Relations. Contact the Office of the Director – Research Unit at (415) 703-4774 for the new rates after 10 days from the expiration date, if no subsequent determination is issued.
Localities:
All localities within Imperial, Inyo, Kern, Los Angeles, Mono, Orange, Riverside, San Bernardino, San Luis Obispo, Santa Barbara and Ventura Counties.
Wages and Employer Payments:
Classificationa
(Journeyperson)
Basic
Hourly
Rate
Health
and
Welfare
Pensionb
Vacation
and
Holidayc
Training Other Hours
Total
Hourly
Rate
Daily
Overtime
Hourly
Rated
(1½ x)
Saturday
Overtime
Hourly
Ratee
(1½ x)
Sunday/
Holiday
Overtime
Hourly
Rate
(2 x)
Group 1 $50.43 $11.85 $13.15 $3.60 $1.05 $0.39 8 $80.47 $105.685 $105.685 $130.90 Group 2 $52.21 $11.85 $13.15 $3.60 $1.05 $0.39 8 $82.25 $108.355 $108.355 $134.46 Group 3 $54.21 $11.85 $13.15 $3.60 $1.05 $0.39 8 $84.25 $111.355 $111.355 $138.46 Determination: SC-23-63-2-2021-1D; SC-23-63-2-2021-1D1; SC-23-63-2-2021-1D2
GENERAL PREVAILING WAGE DETERMINATION MADE BY THE DIRECTOR OF INDUSTRIAL RELATIONS PURSUANT TO CALIFORNIA LABOR CODE PART 7, CHAPTER 1, ARTICLE 2, SECTIONS 1770, 1773 AND 1773.1
FOR COMMERCIAL BUILDING, HIGHWAY, HEAVY CONSTRUCTION AND DREDGING PROJECTS CRAFT: BUILDING/CONSTRUCTION INSPECTOR AND FIELD SOILS AND MATERIAL TESTER# (SPECIAL SHIFT)
Determination:
SC-23-63-2-2021-1D1
Issue Date:
August 22, 2021
Expiration date of determination:
June 30, 2022* Effective until superseded by a new determination issued by the Director of Industrial Relations. Contact the Office of the Director – Research Unit at (415) 703-4774 for the new rates after 10 days from the expiration date, if no subsequent determination is issued.
Localities:
All localities within Imperial, Inyo, Kern, Los Angeles, Mono, Orange, Riverside, San Bernardino, San Luis Obispo, Santa Barbara and Ventura Counties.
Wages and Employer Payments:
Classificationa
(Journeyperson)
Basic
Hourly
Rate
Health
and
Welfare
Pensionb
Vacation
and
Holidayc
Training Other Hours
Total
Hourly
Rate
Daily
Overtime
Hourly
Rated
(1½ x)
Saturday
Overtime
Hourly
Ratee
(1½ x)
Sunday/
Holiday
Overtime
Hourly
Rate
(2 x)
Group 1 $50.93 $11.85 $13.15 $3.60 $1.05 $0.39 8 $80.97 $106.435 $106.435 $131.90 Group 2 $52.71 $11.85 $13.15 $3.60 $1.05 $0.39 8 $82.75 $109.105 $109.105 $135.46 Group 3 $54.71 $11.85 $13.15 $3.60 $1.05 $0.39 8 $84.75 $112.105 $112.105 $139.46 Determination: SC-23-63-2-2021-1D; SC-23-63-2-2021-1D1; SC-23-63-2-2021-1D2
GENERAL PREVAILING WAGE DETERMINATION MADE BY THE DIRECTOR OF INDUSTRIAL RELATIONS PURSUANT TO CALIFORNIA LABOR CODE PART 7, CHAPTER 1, ARTICLE 2, SECTIONS 1770, 1773 AND 1773.1
FOR COMMERCIAL BUILDING, HIGHWAY, HEAVY CONSTRUCTION AND DREDGING PROJECTS CRAFT: BUILDING/CONSTRUCTION INSPECTOR AND FIELD SOILS AND MATERIAL TESTER# (MULTI-SHIFT)
Determination:
SC-23-63-2-2021-1D2
Issue Date:
August 22, 2021
Expiration date of determination:
June 30, 2022* Effective until superseded by a new determination issued by the Director of Industrial Relations. Contact the Office of the Director – Research Unit at (415) 703-4774 for the new rates after 10 days from the expiration date, if no subsequent determination is issued.
Localities:
All localities within Imperial, Inyo, Kern, Los Angeles, Mono, Orange, Riverside, San Bernardino, San Luis Obispo, Santa Barbara and Ventura Counties.
Wages and Employer Payments:
Classificationa
(Journeyperson)
Basic
Hourly
Rate
Health
and
Welfare
Pensionb
Vacation
and
Holidayc
Training Other Hours
Total
Hourly
Rate
Daily
Overtime
Hourly
Rated
(1½ x)
Saturday
Overtime
Hourly
Ratee
(1½ x)
Sunday/
Holiday
Overtime
Hourly
Rate
(2 x)
Group 1 $51.43 $11.85 $13.15 $3.60 $1.05 $0.39 8 $81.47 $107.185 $107.185 $132.90 Group 2 $53.21 $11.85 $13.15 $3.60 $1.05 $0.39 8 $83.25 $109.855 $109.855 $136.46 Group 3 $55.21 $11.85 $13.15 $3.60 $1.05 $0.39 8 $85.25 $112.855 $112.855 $140.46 Recognized holidays:
Holidays upon which the general prevailing hourly wage rate for Holiday work shall be paid, shall be all holidays in the collective bargaining agreement, applicable to the particular craft, classification, or type of worker employed on the project, which is on file with the Director of Industrial Relations. If the prevailing rate is not based on a collectively bargained rate, the holidays upon which the prevailing rate shall be paid shall be as provided in Section 6700 of the Government Code. You may obtain the holiday provisions for the current determinations on the Director's General Prevailing Wage Determinations Website (http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm). Holiday Determination: SC-23-63-2-2021-1D; SC-23-63-2-2021-1D1; SC-23-63-2-2021-1D2