2 Discussion and Analysis:
Kimley-Horn has completed the plans and specifications for Scaroni Road Pavement Rehabilitation State Project No. LPPSB1L-5168(034); therefore, City staff is recommending to begin advertising for the construction phase of said project.
Scaroni Road Pavement Rehabilitation State Project No. LPPSB1L-5168(034) tentative schedule is as follows:
Description Date
Advertisement November 20, 2024
Bid Opening Date December 17, 2024 at 2:00p.m.
City Council Contract Approval January 15, 2024
It is staff recommendation that the City Council of the City of Calexico approve the Bid Documents and authorize staff to send this project out for public bidding.
Fiscal Impact:
Capital Improvement Program Budgeted Item for FY 2024-2025 Fund No. 237-90-967
Estimated Cost for Advertisement $1,500.00
Coordinated With:
City Manager’s Office.
Public Works Department.
Office of the City Clerk.
Attachment(s):
1. Specifications for Scaroni Road Pavement Rehabilitation State Project No. LPPSB1L5168(034).
2. Plans for Scaroni Road Pavement Rehabilitation State Project No. LPPSB1L5168(034).
ATTACHMENT NO. 1
CITY OF CALEXICO
Bid Documents and Specifications for:
SCARONI ROAD PAVEMENT REHABILITATION
State Project No. LPPSB1L-5168(034)
Plans and Specifications Prepared by:
Kimley Horn and Associates, Inc.
Approved by:
City Public Works Department
BID OPENING: December 17, 2024 at 2:00p.m.
PUBLIC WORKS DEPARTMENT – 549 PIERCE AVENUE, CALEXICO, CA 92231 (760) 768-2160 www.calexico.ca.gov
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034) -2-
TABLE OF CONTENTS
TABLE OF CONTENTS
CITY FRONT-END DOCUMENTS
INVITATION FOR BIDS ..................................................................................................................... 3 BID REQUIREMENTS........................................................................................................................ 8 GENERAL CONDITIONS.................................................................................................................. 13 SUPPLEMENTARY GENERAL CONDITIONS (STATE REQUIREMENTS)............................................ 42
BID PROPOSAL
BID PROPOSAL FORM.................................................................................................................... 61 ADDENDA ACKNOWLEDGEMENT ................................................................................................. 65 SUBCONTRACTORS LISTING.......................................................................................................... 66 REFERENCES.................................................................................................................................. 67 BID BOND...................................................................................................................................... 68 NONCOLLUSION AFFIDAVIT .......................................................................................................... 69 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION................................................................. 70 WORKMEN’S COMPENSATION INSURANCE CERTIFICATE............................................................ 71 CERTIFICATION OF SITE EXAMINATION........................................................................................ 72 CONTRACTOR’S CERTIFICATION OF QUALIFICATION ................................................................... 73 PROPOSAL AGREEMENT ............................................................................................................... 74 BID PROPOSAL CHECKLIST ............................................................................................................ 75
AGREEMENT AND CONTRACT DOCUMENTS
CONSTRUCTION AGREEMENT....................................................................................................... 76 FAITHFUL PERFORMANCE BOND.................................................................................................. 86 LABOR AND MATERIALS BOND..................................................................................................... 87 WARRANTY BOND......................................................................................................................... 88 WORKMEN’S COMPENSATION INSURANCE CERTIFICATE............................................................ 90 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION................................................................. 91 DEBARMENT AND SUSPENSION CERTIFICATION.......................................................................... 92 DRUG/ALCOHOL TESTING REQUIREMENTS.................................................................................. 93 CORPORATE CERTIFICATION OR PARTNERSHIP INFORMATION................................................... 94 NOTICE OF AWARD....................................................................................................................... 95 PREVAILING WAGE SCHEDULES.................................................................................................... 96
SPECIFICATIONS
GENERAL PROVISIONS .................................................................................................................. 97 TECHNICAL SPECIFICATIONS ....................................................................................................... 127
APPENDICES
CALTRANS FORMS....................................................................................................................... 130
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034) -3-
INVITATION FOR BIDS
CITY OF CALEXICO
INVITATION FOR BIDS
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034)
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034) -4-
INVITATION FOR BIDS
CITY OF CALEXICO
INVITATION FOR BIDS
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034)
1. General Information
PUBLIC NOTICE IS HEREBY GIVEN THAT the City of Calexico is inviting bids for SCARONI ROAD PAVEMENT REHABILITATION (State Project No. LPPSB1L-5168(034)) in the City of Calexico. The Project consists of survey monument preservation, milling existing asphalt concrete pavement to a depth of 2", installation of conventional asphalt concrete leveling course as needed, installation of a stress absorbing membrane interlayer (SAMI) with 3/8" aggregate over the milled surface, placement of 2" asphaltic concrete overlay surfacing over the SAMI, traffic striping and markings, sewer manhole rehabilitation, and traffic control.
2. Scope of Work
The work shall be done in conformance with the Plans and Specifications for the Project. The Project includes the following major tasks:
1. Mill and overlay of existing asphalt concrete pavement
2. Pavement marking and striping per CAMUTCD.
3. Engineer’s Cost Estimate
Bidders shall take notice hereto that the Engineer’s Cost Estimate for the construction of the work is nine hundred twenty seven thousand, and one hundred thirty-four dollars ($927,134).
4. Construction Schedule
The overall construction contract duration is sixty (60) working days from the Notice to Proceed.
Due to potential supply chain issues, Contractor shall provide submittals for review and approval by the Engineer within one (1) week of contract execution by the City. If it is determined that any items impact schedule completion, contractor to notify City immediately.
5. Pre-bid Meeting
A non-mandatory pre-bid meeting shall be held on December 10, 2024 at 10:00am. While the meeting is not mandatory, bidders are encouraged to participate in the meeting because it affords an opportunity to become more familiar with the scope of work for the Project, the Project’s key areas, and other administrative and procedural requirements. To facilitate meeting participation, the meeting will be virtual through Zoom. Potential bidders can join the Zoom Meeting at:
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034) -5-
INVITATION FOR BIDS
XXXXXX
They can also participate by Telephone:
XXXXXXXXX
6. 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 Form shall be included in the Bid Proposal.
7. Bidding Instructions, Project’s Available Supporting Documents (a) 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 December 17, 2024, at which time all proposals will be publicly opened and read aloud. LATE BIDS WILL NOT be accepted and will be considered unresponsive.
(b) 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.
(c) 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.
(d) The bid may be considered incomplete and be disqualified if any of the items (or related attachments/forms) within the Bid Proposal are not provided. (e) This is a City Public Works Department project, which is exclusively being funded with State/Federal 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
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INVITATION FOR BIDS
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 contractor shall 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. (f) 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.
(g) 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 COVID-19. Bidders are advised to review the County’s COVID-19 requirements. (h) Electronic version on the approved plans and specifications may be obtained by visiting the City’s website at: https://www.calexico.ca.gov/bidsandrfps. (i) Special attention of all prospective bidders is called to the Construction Schedule and the Bid Requirements and General Conditions Articles of this document for full directions as to bidding, etc.
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INVITATION FOR BIDS
(j) Pre-submittal inquires must be submitted to Lilliana Falomir, Public Works Manager – Administrative via email at [email protected] by 5:00 p.m. on December 11, 2024.
8. Bid Evaluation and Award of Construction Contract
(a) All bids are to be compared based on the Engineer’s Cost Estimate for the Project and estimate of the quantities of work to be done.
(a) A summary of the bids along with a recommended bid may be presented to the City Council for its consideration of awarding the Project’s construction contract at a Public Meeting, after the bids are received and evaluated, in the City Council Chambers, 608 Heber Avenue, Calexico, California.
(b) 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. (c) The RFB, Plans, Specifications, Addendums, and any other Bid Documents can be found at City’s website at https://www.calexico.ca.gov/bidsandrfps. (d) 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. __________________________________
Juan Contreras, Acting City Manager
City of Calexico
- END OF INVITATION FOR BIDS -
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STATE PROJECT NO. LPPSB1L-5168(034) -8-
BID REQUIREMENTS
CITY OF CALEXICO
BID REQUIREMENTS
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034)
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034) -9-
BID REQUIREMENTS
CITY OF CALEXICO
BID REQUIREMENTS
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034)
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 Bid Proposal form of this document. All proposals shall give the prices proposed both in writing and figures and shall be signed by the bidder with bidders’ business address.
2.1 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.
2.2 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.
2.3 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.
5. Omissions and Discrepancies: Should the bidder find discrepancies in or omissions on the drawings, or other contract documents or should the bidder 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.
6. 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
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BID REQUIREMENTS
the contract documents. Every request for information shall be made in writing and addressed and forwarded to the Public Works Department Manager at:
Ms. Liliana Falomir, Public Works Department Manager
549 Pierce Avenue
Calexico, CA 92231
[email protected].
7. The City of Calexico reserves the right to reject any or all proposals.
8. 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.
9. 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.
10. 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.
11. Sureties: The successful bidder shall also promptly secure with a responsible corporate surety or corporate surety’s 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.
12. Award of Contract: The award of the contract, if it is awarded, will be to the responsive and lowest responsible bidder whose proposal complies with all the requirements prescribed.
All bids are to be compared based on the Engineer’s Cost Estimate for the Project and estimate of the quantities of work to be done. The award, if made, will be made within ninety (90) calendar days after the opening of the bid proposals.
13. Projects financed in whole or in part with State or Federal funds shall be subject to inspection at all times by the City designees, including the City Project Construction Manager.
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BID REQUIREMENTS
14. 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 City, or any extra work done without written authority will be considered as unauthorized and will not be paid for.
15. The City reserves the right to pursue legal remedies upon failure on the part of the Contractor to comply with any City order made under these provisions, including failure to correct defective work, and/or withhold payment from any monies due or to become due to Contractor until defective work is corrected.
16. Final Inspection: Whenever the work provided and contemplated by the contract shall have been satisfactorily completed and the final clean up performed, the City will make the final inspection at the site.
17. Amount of Bonds: The Faithful Performance Bond shall be in the sum of not less than one hundred percent (100%) of the contract price.
17.1 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.
17.2 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.
17.3 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.
18. 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 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
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BID REQUIREMENTS
relate to bids and contracts of the nature referred to herein, whether such laws are expressly referred to herein or not.
19. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No Bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. If awarded a contract, the Bidder and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
20. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. In bidding on this Project, it shall be the Bidder’s sole responsibility to evaluate and include the cost of complying with all labor compliance requirements under this contract and applicable law in its Bid.
21. 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.
- END OF BID REQUIREMENTS -
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GENERAL CONDITIONS
CITY OF CALEXICO
GENERAL CONDITIONS
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034)
NO DESCRIPTION PG NO DESCRIPTION PG
1 Definitions 16 31 No Personal Liability 28
2 Contract Documents 17 32 Monies May be Retained 28
3 Conflicting Terms 17 33 Unpaid Claims 28
4 Authority of the City 17 34 Additional Surety 28
5 Access to Work 18 35 Payroll Records; Labor Compliance 29 6 Lines of Grade 18 36 Prevailing Rates of Wages 30
7 Legal Address of Contractor 18 37 Public Works Contractor Registration 31 8 Contractor’s Responsibilities 18 38 Employment of Apprentices 31 9 Contractor to Furnish Information 19 39 Samples and Tests 31 10 Examination of Work 19 40 Inspection 32
11 Plans and Drawings 20 41 Defective Work on Materials 32 12 Personal Attention 20 42 Use of Completed Portions 32 13 Protests 20 43 Property Right in Materials 33
14 Right-of-Way 20 44 Title to Materials Found in Work 33 15 Order of Work 21 45 Enforcement of Order 33
16 Working Hours 21 46 Patents and Copyrights 33
17 Assignment Forbidden 21 47 Laws and Regulations 33
18 Subletting 22 48 Sales and/or Use Taxes 34
19 Suspension of Contract 22 49 Indemnity Agreement 34
20 Suspension of Work, Extensions, Etc. 23 50 Insurance Requirements 36 21 Failure to Complete on Time & LD’s 23 51 Trespass 40 22 Changes 24 52 Safety, Sanitary, and Medical Reqs. 40 23 Extra Work 24 53 Protection and Cleanup 40
24 Cost Breakdown 25 54 Labor Discrimination 40
25 Progress Estimates 26 55 Apprentices 41
26 Progress Estimates May be Withheld 26 56 Preconstruction Conference 41 27 Progress Payments 26 57 Subcontractor Listing 41
28 Final Estimate 27 58 Labor Compliance 42
29 Recovery of Damages 27 59 Termination for Convenience by City 42 30 Final Payment Terminates Liability 28
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GENERAL CONDITIONS
GENERAL CONDITIONS
1. Definitions
1.1 The word "City" shall mean the City of Calexico, California, acting either directly or through properly authorized agents who act within the scope of the particular duties entrusted to them.
1.2 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.
1.3 The word "Construction Manager" shall mean the City of Calexico Construction Manager for this Project, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them.
1.4 The word GREENBOOK shall mean the Standard Specifications for Public Works Construction contained in the 2021 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 Chapter 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.
1.5 Unless otherwise explicitly noted hereinafter, the words “day” or “days” shall mean a calendar day or calendar days, respectively. Please refer to General Condition 14.3 for the Project’s regular working hours and days.
1.6 The “contract times” shall be the number of Calendar days or the dates by which Contractor shall: (a) achieve Milestones, if any; (b) achieve Substantial Completion; and (c) complete the Work.
1.7 The term “plans and specifications” shall mean the Plans and Technical Specifications prepared by the Engineer and approved by the City for the Project.
1.8 The term “plans,” unless it is an otherwise explicitly stated meaning, shall mean the “plans” prepared by the Engineer and approved by the City for the Project.
1.9 The term “specifications,” unless it is an otherwise explicitly stated meaning, shall mean the “Specifications” prepared by the Engineer and approved by the City for the Project.
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GENERAL CONDITIONS
2. Contract Documents
This Bid Document and Specifications, the Proposal, the City approved Plans and Specifications for the Project, and the Drawings, together with the construction 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 its 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.
3. Conflicting Terms
If an apparent conflict or inconsistency exists between the General Conditions herein and the Technical Specifications, the General Conditions herein shall control, unless clarified by the City through an RFI. For clarity of information, the order of precedence of Bid Documents for this Project shall be:
1. RFIs/Change Orders (in Written Form)
2. Verbal Authorization by the Construction Manager/Inspector for urgent work during the course of the working day (i.e., for unforeseen and unsafe conditions)
3. The Supplementary General Conditions - State Requirements
4. These Front-End General Conditions
5. The Front-end Additional Work Specifications
6. The Technical Specifications/Plans for this Project
7. City Standards (General Technical Specifications)
8. Agency Standards (i.e., SSPWC “Greenbook,” etc.)
4. Authority of the City
The City 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.
If, before or during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation, (b) actual field conditions, (c) any standard specification, manual, reference standard, or code, or (d) any instruction of any Supplier, then Contractor shall promptly report it to the City/Engineer in writing. Contractor shall not proceed
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GENERAL CONDITIONS
with the Work affected thereby (except in an emergency) until the conflict, error, ambiguity, or discrepancy is resolved, by a clarification or interpretation by the City, or by an amendment or supplement to the Contract.
5. Access to Work
The City’s agents and representatives from the California Transportation Commission and California Department of Transportation 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 therefor.
6. Lines of Grade
The Contractor shall furnish labor and materials for conducting surveying and staking for this Project. The Contractor shall 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.
7. 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 City.
8. Contractor’s Responsibilities
8.1 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.
8.2 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 its own negligence or that of its agents in the performance of the contract.
8.3 The Contractor shall be responsible for any materials furnished him and for the care of all work until its completion and final acceptance, and the Contractor shall at its own expense replace damaged or lost material and repair damaged parts of the work, or the same may be done at its expense by the City.
8.4 During the progress of the work the Contractor shall keep the premises occupied by it 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 it
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or used under its direction during construction, and in the event of its failure to do so, the same may be removed by the City at the expense of the Contractor.
8.5 The City Construction Manager shall assist the Contractor to coordinate construction activities with the USGSA Construction Manager for the expansion of the Calexico West US Port of Entry 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.
8.6 Contractor shall maintain good housekeeping practices and observe Best Management Practices throughout the execution of the project.
8.7 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.
8.8 The Contractor shall be in full compliance with CalOSHA requirements for construction work, including trench requirements.
9. Contractor to Furnish Information
9.1 Before proceeding with the erection or set up of any temporary structures, the Contractor shall furnish the City with information and drawings of all such structures as may be required.
9.2 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.
10. Examination of Work
10.1 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.
10.2 The Contract documents for the work show conditions as they are supposed or believed by the City 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 its contract, nor shall the City or any of its officers or employees be liable for any loss sustained by the Contractor as a
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result of any variance between conditions shown in the Contract Documents and the actual conditions revealed during the progress of the work or otherwise.
11. Plans and Drawings
11.1 Any alteration affecting the requirements and information given on the City’s approved Plans and Specifications for the Project shall be approved by the City in writing before any work involving the alteration is performed.
11.2 It is mutually agreed, however, that approval by the City 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.
12. Personal Attention
The Contractor shall give its 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 City. 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 City, 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.
13. Protests
If the Contractor considers any work demanded of it to be outside the requirements of the Contract, or if the Contractor considers any order or ruling of the City 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 City, 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 the City, and hereby agrees that as to all matters not included in such protests the orders, instructions and decisions of the City shall be final and conclusive.
14. Right-of-Way
The right-of-way and encroachment permit(s) for the work to be constructed shall be provided by the City. The Contractor shall make its own arrangements and pay all expenses for additional area required by it outside of the limits of the right-of-way and encroachment permit(s), unless otherwise provided in the special conditions.
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15. Time and Order of Work
15.1 The Contractor shall at all times employ such force, plant, materials and tools as will be sufficient, in the opinion of the City, 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 it may, after such failure, be required to increase its progress at any point or points or to modify its plans and procedures in such manners and to such extent as the City 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 City 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.
15.2 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.
16. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site will be performed during regular working hours, which shall be as follows:
a. Working Hours: 7:00 am to 4:00 pm (assumes 1-hour lunch break) b. Working Days: Monday through Friday, except legal holidays Contractor shall not perform Work on a Saturday, Sunday, or any legal holiday. Contractor may perform Work outside regular working hours or on Saturdays, Sundays, or legal holidays only with Owner’s written consent, which will not be unreasonably withheld.
Additionally, the City shall consider exceptions and changes to this schedule for due cause, including anticipated high temperature during the summer months (May through September).
17. Assignment Forbidden
17.1 The Contractor shall not assign, transfer, convey, or otherwise dispose of this contract, or of its right, title or interest in or to the same or any part thereof, without the previous consent in writing of the City; and the Contractor 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.
17.2 If the Contractor shall, without such previous written consent, assign, transfer, convey or otherwise dispose of the contract or of its 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 its assignee or transferee.
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17.3 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 City.
18. Subletting
The Contractor shall give its personal attention of the fulfillment of the contract and shall keep the work under its control. Where a portion of the work sublet by the Contractor is not being prosecuted in a manner satisfactory to the City, the Contractor shall (1) corrective action as the circumstances warrant upon being notified by the City of the unsatisfactory work so that the work is prosecuted in a satisfactory manner; and (2) shall inform the City in writing about the corrective action taken within five (5) days of when the action was taken.
19. Suspension of Contract
19.1 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 its creditors or be adjudicated a bankrupt, or if a receiver of its 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 City shall 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 City may, by written notice, instruct the Contractor to discontinue all work or any part thereof under this contract.
19.2 When such written notice is served upon the Contractor as provided in Article 6, above., the Contractor 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 City. 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 its 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 it, it 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
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completed by the Contractor, the Contractor shall have no claim to the difference except to such extent as may be necessary, in the opinion of the City, 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 City, shall be required, and all necessary estimates and appraisements shall be made by him.
19.3 When any particular part of the work is being carried on for the City by contract or otherwise, under the provisions of this General Conditions, the Contractor shall continue the remainder of the work in conformity with the terms of its 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 General Conditions.
20. Suspension of Work, Extension of Time, No Extra Compensation
20.1 The City shall have the authority to suspend the work wholly or in part, for such period as it 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 the City 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 City. However, prior to taking such action, the City shall consider the Contractor’s recommendations on the matter.
20.2 Applications for extension of time must be made promptly in writing, stating cause.
Applications for extension of time shall be addressed to the City.
20.3 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.
21. Failure to Complete on Time and Liquidated Damages
21.1 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 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.
21.2 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 interest of the City.
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21.3 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 City in writing of the causes of delay, who shall ascertain the facts and the extent of delay, and its findings of the facts thereon shall be final and conclusive.
22. Changes
22.1 If either the City 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 City may prescribe a modification of requirements of methods of work. For such purposes, the City shall consider the Contractor’s recommendations on the matter to determine whether by written order make such changes as the City finds 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 or alterations render useless, any work already done or materials already furnished or used in the work, the City shall make reasonable allowance therefore, which action shall be binding upon both parties.
22.2 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.
22.3 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 City.
23. Extra Work
23.1 If during the performance of the contract, it shall, in the opinion of the City, 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 City 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.
23.2 Extra work will ordinarily be paid for at a lump sum or unit price agreed upon in writing by the City and the Contractor before the extra work shall be ordered.
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23.3 Whenever in the judgment of the City 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 City, 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 specifically mentioned under Subsection (c) herein
The City’s determination and certification of said actual necessary cost shall be binding and conclusive on the Contractor, and the City shall be deemed the arbiter to determine the cost of such work.
23.4 If any work or materials be ordered under this General Conditions 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 City, 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 City in determining the true, necessary cost of the work and materials to be paid for.
23.5 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.
24. Cost Breakdown
Within ten (10) days after commencing work, the Contractor shall submit to the City a cost breakdown in duplicate of all unit and lump sum prices under the contract. The breakdown, as approved, may be used by the City to verify the fair value of the work for progress payments.
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25. Progress Estimates
25.1 The City, shall on or about the fifth day of each calendar month, except as provided in General Conditions Article 22, above, make in writing and certify to the City Clerk an estimate such as in its 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.
25.2 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.
25.3 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.
25.4 Pursuant to California Public Contract Code Section 22300, the Contractor has the option of substituting securities for any money that is withheld under this General Conditions.
26. Progress Estimates May be Withheld
The progress estimates provided for in Item 27, below, may at any time be withheld or reduced if, in the opinion of the City, the Contractor is not diligently and efficiently endeavoring to comply with the intent of the contract, or if the Contractor shall fail to pay its labor and material bills as they become due.
27. Progress Payments
27.1 Refer to Technical Specifications, General Requirements, Construction Progress Documentation (Sec. 01 32 00), Item 3.5 regarding progress payments.
27.2 Upon each progress estimate being made and certified in writing, the City shall, within thirty (30) days after the date of such estimates, except as stipulated in Item 27.3 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
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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.
27.3 In the event the contract or any part thereof shall be suspended as provided in Item 20, above, the retained percentage as provided in Item 23, above, 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.
28. Final Estimate and Payment
28.1 Whenever in the opinion of the City the Contractor shall have completely performed the contract on its part, the City shall submit to the Contractor a written statement of the final quantities of contract items for inclusion in the final estimate. The Contractor shall be expected to submit its written approval of said proposed final quantities within seven (7) working days of receipt of the City statement, or in the event the Contractor disagrees with such written statement, shall within seven (7) working days file a written statement of all claims, which the Contractor intends to present.
28.2 Upon receipt from the Contractor of written approval of the final quantities or such written statement of its claims, the City shall make in writing and certify to the City Clerk an estimate in which the City 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 forty-five (45) 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.
28.3 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.
29. 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 its failure to comply with the specifications.
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30. 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 General Conditions Article 31, above.
31. 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.
32. 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 City incurred by the City for which the Contractor is liable under the contract.
33. Unpaid Claims
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.
34. Additional Surety
If during the continuance of the contract, any of the sureties upon the faithful performance bond in the opinion of the City is/or becomes insufficient, the City may require additional sufficient sureties which the Contractor shall furnish, to the satisfaction of the City, within fifteen (15) days after notice and in default thereof the contract may be suspended and the work completed as provided in General Conditions Article 19 hereof.
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35. Payroll Records; Labor Compliance
35.1 Pursuant to Labor Code section 1776, Contractor and all subcontractors shall maintain weekly certified payroll records, showing the names, addresses, Social Security numbers, work classifications, 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 them in connection with the Work under this Contract.
Contractor shall certify under penalty of perjury that records maintained and submitted by Contractor are true and accurate. Contractor shall also require subcontractor(s) to certify weekly payroll records under penalty of perjury.
35.2 In accordance with Labor Code section 1771.4, the Contractor and each subcontractor shall furnish the certified payroll records directly to the Department of Industrial Relations (“DIR”) on the specified interval and format prescribed by the DIR, which may include electronic submission. Contractor shall comply with all requirements and regulations from the DIR relating to labor compliance monitoring and enforcement.
The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
35.3 Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.
35.4 The payroll records described herein shall be certified and submitted by the Contractor at a time designated by the City. The Contractor shall also provide the following:
1. A certified copy of the employee’s payroll records shall be made available for inspection or furnished to such employee or his or her authorized representative on request.
2. A certified copy of all payroll records described herein shall be made available for inspection or furnished upon request of the DIR.
35.5 Unless submitted electronically, the certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement (“DLSE”) of the DIR or shall contain the same information as the forms provided by the DLSE.
35.6 Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency, the City, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement shall be marked or
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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.
35.7 In the event of noncompliance with the requirements of this Article, the Contractor shall have ten (10) calendar days in which to comply subsequent to receipt of written notice specifying in what respects the Contractor must comply with this Article. Should noncompliance still be evident after such 10-day period, the Contractor shall pay a penalty of one hundred dollars ($100.00) to the City 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, such penalties shall be withheld from progress payment then due.
35.8 The responsibility for compliance with this Article shall rest upon the Contractor.
36. Prevailing Rates of Wages
36.1 The Contractor is aware of the requirements of Labor Code sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq. (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. Since this Project involves an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws.
The Contractor shall obtain a copy of the prevailing rates of per diem wages at the commencement of this Contract from the website of the Division of Labor Statistics and Research of the Department of Industrial Relations located at www.dir.ca.gov. In the alternative, the Contractor may view a copy of the prevailing rate of per diem wages which are on file at the City’s Administration Office and shall be made available to interested parties upon request. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to perform work on the Project available to interested parties upon request and shall post copies at the Contractor’s principal place of business and at the Project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or allege failure to comply with the Prevailing Wage Laws.
36.2 The Contractor shall forfeit as a penalty to the City not more than Two Hundred Dollars ($200.00), pursuant to Labor Code section 1775, for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate as determined by the Director of the Department of Industrial Relations for such work or craft in which such worker is employed for any public work done under the Contract by it or by any subcontractor under it. The difference between such prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof, for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by the
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Contractor.
36.3 Contractor shall post, at appropriate conspicuous points on the Project site, a schedule showing all determined general prevailing wage rates and all authorized deductions, if any, from unpaid wages actually earned.
37. Public Works Contractor Registration
Pursuant to Labor Code sections 1725.5 and 1771.1, the Contractor and its subcontractors must be registered with the Department of Industrial Relations prior to the execution of a contract to perform public works. By entering into this Contract, Contractor represents that it is aware of the registration requirement and is currently registered with the DIR. Contractor shall maintain a current registration for the duration of the Project. Contractor shall further include the requirements of Labor Code sections 1725.5 and 1771.1 in any subcontract and ensure that all subcontractors are registered at the time this Contract is entered into and maintain registration for the duration of the Project. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
38. Employment of Apprentices
38.1 Contractor and all subcontractors shall comply with the requirements of Labor Code sections 1777.5 and 1777.6 in the employment of apprentices.
38.2 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.
38.3 Knowing violations of Labor Code section 1777.5 will result in forfeiture not to exceed one hundred dollars ($100.00) for each calendar day of non-compliance pursuant to Labor Code section 1777.7.
38.4 The responsibility for compliance with this Article shall rest upon the Contractor.
39. Samples and Tests
39.1 At the option of the City, the source of supply of each of the materials shall be approved by the City 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 City.
39.2 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.
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39.3 The Contractor shall furnish such samples of materials as are requested by the City, without charge. No material shall be used until it has been approved by the City.
Samples will be secured and tested whenever necessary to determine the quality of material.
40. Inspection
40.1 City representatives and agents and agents from the California Transportation Commission and California Department of Transportation 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.
40.2 Whenever the Contractor varies the period, which work is carried on each day, it shall give due notice to the City and City Construction Manager so that proper inspection may be provided. The inspection of the work shall not relieve the Contractor of any of its 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 City and accepted or estimated for payment.
41. Defective Work on Materials
41.1 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 City, and the cost of any excess material furnished by the City shall be borne by the Contractor.
41.2 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 City. No rejected material, the defects of which have been subsequently corrected shall be used until approved in writing by the City.
41.3 Upon failure on the part of the Contractor to comply with any order of the City made under the provisions of this article, the City shall have authority to remove and replace defective material and to deduct the cost of removal and replacement from any monies due or to become due the Contractor.
42. 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
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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.
43. 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 23 hereof. All such materials attached or affixed or unused shall become the property of the City.
44. 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.
45. 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 it 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.
46. Patents and Copyrights
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.
47. Laws and Regulations
47.1 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, the Contractor shall forthwith report the same in writing to the City. 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,
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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.
47.2 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 its own expense, and it shall pay all taxes properly assessed against its equipment or property used or required in connection with the work.
47.3 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.
48. 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.
49. Indemnity Agreement
49.1 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, 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. 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;
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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-articles 1 through 4, above, 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.
49.2 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 through 5, above.
49.3 Contractor’s obligations under this General Conditions 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.
49.4 Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this General Conditions 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 General Conditions Section .
49.5 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 General Conditions Section.
49.6 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
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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.
50. Insurance Requirements
50.1 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 General Conditions 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.
50.2 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.
i. Contractor’s policy shall contain no endorsements limiting coverage beyond the basic policy coverage grant for any of the following:
• Explosion, collapse or underground hazard (XCU)
• Products and completed operations
• Pollution liability
• Contractual liability
ii. 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
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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 crossliability 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.
50.3 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.
50.4 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 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
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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.
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 General Conditions Section. Contractor agrees that upon
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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.
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.
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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.
51. Trespass
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.
52. Safety, Sanitary, and Medical Requirements
The Contractor and its subcontractors, 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.
53. Protection and Cleanup
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.
54. 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.
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55. 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.
56. Preconstruction Conference
Before the start of construction, the City shall arrange to meet with its agents and the 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.
57. Subcontracting Listing
57.1 Any person making a bid or offer to perform the work described in this contract shall in its 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 its bid.
57.2 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 its original bid did not designate a subcontractor.
57.3 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.
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58. 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 recordkeeping responsibilities, the requirements for submittal of certified payroll records to the City and the prohibition against discrimination in employment.
59. Termination for Convenience by the City:
59.1 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.
59.2 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.
59.3 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 “Termination Costs occasioned by the City's Termination for Convenience.”
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59.4 Termination of the Contract shall not relieve Surety of its obligation for any just claims arising out of or relating to the Work performed.
59.5 In the event that the City exercises its right to terminate this Contract pursuant to this clause, the City shall pay the Contractor, upon the Contractor's submission of the documentation required by this clause and other applicable provisions of the Contract Documents, the following amounts:
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.
59.6 Notwithstanding any other provision of this Article, when immediate action is necessary to protect life and safety or to reduce significant exposure or liability, the City may immediately order Contractor to cease Work on the Project until such safety or liability issues are addressed to the satisfaction of the City or the Contract is terminated.
59.7 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.
END OF GENERAL CONDITIONS
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SUPPLEMENTARY GENERAL CONDITIONS (STATE REQS.)
CITY OF CALEXICO
SUPPLEMENTARY GENERAL CONDITIONS (CA STATE REQUIREMENTS)
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STATE PROJECT NO. LPPSB1L-5168(034)
NO DESCRIPTION PG
1 State Wage Determinations 45
2 Workers' Compensation 45
3 Apprentices on Public Works 45
4 Working Hours 46
5 Contractor Not Responsible for Damage Resulting from Certain Acts of God 46 6 Notice of Completion 46
7 Unpaid Claims 46
8 Concrete Forms, Falsework, and Shoring 47
9 Retainage from Monthly Payments 47
10 Public Works Contracts; Assignment to Awarding Body 47 11 Payroll Records; Retention; Inspection; Noncompliance Penalties; Rules and Regulations 48 12 Cultural Resources 49
13 Protection of Workers in Trench Excavations 49
14 Travel and Subsistence Pay 49
15 Removal, Relocation, or Protection to Existing Utilities 50 16 Contractor License Requirements 50
17 Certain Claims 51
18 Prohibiting Work by Certain Contactors 52
19 Disadvantage Business Enterprise (DBE) 52
20 DBE Commitment Submittal 53
21 Good Faith Efforts Submittal 53
22 Subcontractor and DBE Records 54
23 Performance of Subcontractors 55
24 Prompt Progress Payment to Subcontractors 56
25 Prompt Payment of Funds Withheld to Subcontractors 56 26 Federal Lobbying Restrictions 57
27 Buy America Requirements 58
28 Female and Minority Goals 58
29 Federal Trainee Program 59
30 Title VI Assurances 61
31 Bid Rigging 62
SUPPLEMENTARY GENERAL CONDITIONS (STATE)
CALIFORNIA STATE REQUIREMENTS
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034) -43-
SUPPLEMENTARY GENERAL CONDITIONS (STATE REQS.)
Definitions
The word "City" shall mean the City of Calexico, California
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,
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034) -44-
SUPPLEMENTARY GENERAL CONDITIONS (STATE REQS.)
of 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
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034) -45-
SUPPLEMENTARY GENERAL CONDITIONS (STATE REQS.)
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 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:
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034) -46-
SUPPLEMENTARY GENERAL CONDITIONS (STATE REQS.)
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 11.1 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 11.1 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 11.1 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 twentyfive 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
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034) -47-
SUPPLEMENTARY GENERAL CONDITIONS (STATE REQS.)
or the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due.
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:
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034) -48-
SUPPLEMENTARY GENERAL CONDITIONS (STATE REQS.)
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 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
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034) -49-
SUPPLEMENTARY GENERAL CONDITIONS (STATE REQS.)
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.
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. Disadvantage Business Enterprise (DBE)
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034) -50-
SUPPLEMENTARY GENERAL CONDITIONS (STATE REQS.)
The Contractor, sub-recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate.
Take necessary and reasonable steps to ensure that DBEs have opportunity to participate in the contract (49 CFR 26).
To ensure there is equal participation of the DBE groups specified in 49 CFR 26.5, the Agency specifies a goal for Disadvantaged Business Enterprises (DBEs). DBE is a firm that meets the definition of DBE.
Make work available to DBEs and select work parts consistent with available DBE subcontractors and suppliers.
Meet the DBE goal shown in the Notice to Bidders or demonstrate that you made adequate good faith efforts to meet this goal.
It is your responsibility to verify that the DBE firm is certified as DBE at date of bid opening. For a list of DBEs certified by the California Unified Certification Program, go to:
http://www.dot.ca.gov/hq/bep/find_certified.htm
All DBE participation will count toward the California Department of Transportation’s federally mandated statewide overall DBE goal.
Credit for materials or supplies you purchase from DBEs counts towards the goal in the following manner:
1. 100 percent counts if the materials or supplies are obtained from a DBE manufacturer.
2. 60 percent counts if the materials or supplies are obtained from a DBE regular dealer.
3. Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer, nor a regular dealer. 49 CFR 26.55 defines “manufacturer” and “regular dealer.” You receive credit towards the goal if you employ a DBE trucking company that performs a commercially useful function as defined in 49 CFR 26.55.
20. DBE Commitment Submittal
Submit DBE information on the Local Agency Bidder DBE Commitment (Construction Contracts), Exhibit 15-G form, included in the Bid book. If the form is not submitted with the bid, remove the form from the Bid book before submitting your bid.
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034) -51-
SUPPLEMENTARY GENERAL CONDITIONS (STATE REQS.)
If the DBE Commitment form is not submitted with the bid, the apparent low bidder, the 2nd low bidder, and the 3rd low bidder must complete and submit the DBE Commitment form to the Agency. DBE Commitment form must be received by the Agency no later than 4:00 p.m. on the 4th business day after bid opening.
Other bidders do not need to submit the DBE Commitment form unless the Agency requests it.
If the Agency requests you to submit a DBE Commitment form, submit the completed form within 4 business days of the request.
Submit written confirmation from each DBE stating that it is participating in the contract. Include confirmation with the DBE Commitment form. A copy of a DBE's quote will serve as written confirmation that the DBE is participating in the contract.
If you do not submit the DBE Commitment form within the specified time, the Agency finds your bid nonresponsive.
21. Good Faith Efforts Submittal
If you have not met the DBE goal, complete and submit the DBE Information - Good Faith Efforts, Exhibit 15-H form with the bid showing that you made adequate good faith efforts to meet the goal. Only good faith efforts directed towards obtaining participation by DBEs will be considered.
If good faith efforts documentation is not submitted with the bid, it must be received by the Agency no later than 4:00 p.m. on the 4th business day after bid opening.
If your DBE Commitment form shows that you have met the DBE goal or if you are required to submit the DBE Commitment form, you must also submit good faith efforts documentation within the specified time to protect your eligibility for award of the contract in the event the Agency finds that the DBE goal has not been met.
Good faith efforts documentation must include the following information and supporting documents, as necessary:
1. Items of work you have made available to DBE firms. Identify those items of work you might otherwise perform with its own forces and those items that have been broken down into economically feasible units to facilitate DBE participation. For each item listed, show the dollar value and percentage of the total contract. It is your responsibility to demonstrate that sufficient work to meet the goal was made available to DBE firms.
2. Names of certified DBEs and dates on which they were solicited to bid on the project.
Include the items of work offered. Describe the methods used for following up initial solicitations to determine with certainty if the DBEs were interested, and the dates of the follow-up. Attach supporting documents such as copies of letters, memos, facsimiles sent, telephone logs, telephone billing statements, and other evidence of solicitation. You are reminded to solicit certified DBEs through all reasonable and available means and provide
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034) -52-
SUPPLEMENTARY GENERAL CONDITIONS (STATE REQS.)
sufficient time to allow DBEs to respond.
3. Name of selected firm and its status as a DBE for each item of work made available. Include name, address, and telephone number of each DBE that provided a quote and their price quote. If the firm selected for the item is not a DBE, provide the reasons for the selection.
4. Name and date of each publication in which you requested DBE participation for the project. Attach copies of the published advertisements.
5. Names of agencies and dates on which they were contacted to provide assistance in contacting, recruiting, and using DBE firms. If the agencies were contacted in writing, provide copies of supporting documents.
6. List of efforts made to provide interested DBEs with adequate information about the plans, specifications, and requirements of the contract to assist them in responding to a solicitation. If you have provided information, identify the name of the DBE assisted, the nature of the information provided, and date of contact. Provide copies of supporting documents, as appropriate.
7. List of efforts made to assist interested DBEs in obtaining bonding, lines of credit, insurance, necessary equipment, supplies, and materials, excluding supplies and equipment that the DBE subcontractor purchases or leases from the prime contractor or its affiliate. If such assistance is provided by you, identify the name of the DBE assisted, nature of the assistance offered, and date. Provide copies of supporting documents, as appropriate.
8. Any additional data to support demonstration of good faith efforts.
The agency may consider DBE commitments of the 2nd and 3rd bidders when determining whether the low bidder made good faith efforts to meet the goal.
22. Subcontractor and DBE Records
Use each DBE subcontractor as listed on the List of Subcontractors form and the Local Agency Bidder DBE Commitment (Construction Contracts), Exhibit 15-G, forms unless you receive authorization for a substitution.
The Agency requests the Contractor to:
1. Notify the Engineer of any changes to its anticipated DBE participation
2. Provide this notification before starting the affected work Maintain records including:
1. Name and business address of each 1st-tier subcontractor
2. Name and business address of each DBE subcontractor, DBE vendor, and DBE trucking company, regardless of tier
3. Date of payment and total amount paid to each business If you are a DBE contractor, include the date of work performed by your own forces and the corresponding value of the work. Before the 15th of each month, submit a Monthly DBE Trucking Verification form.
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034) -53-
SUPPLEMENTARY GENERAL CONDITIONS (STATE REQS.)
If a DBE is decertified before completing its work, the DBE must notify you in writing of the decertification date. If a business becomes a certified DBE before completing its work, the business must notify you in writing of the certification date. Submit the notifications. On work completion, complete a Disadvantaged Business Enterprises (DBE) Certification Status Change, Exhibit 17-O, form. Submit the form within 30 days of contract acceptance.
Upon work completion, complete a Final Report – Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors, Exhibit 17-F, form. Submit it within 90 days of contract acceptance. The Agency withholds $10,000 until the form is submitted. The Agency releases the withhold upon submission of the completed form.
23. Performance of Subcontractors
DBEs must perform work or supply materials as listed in the Local Agency Bidder DBE Commitment (Construction Contracts), Exhibit 15-G, included in the Bid. Do not terminate or substitute a listed DBE for convenience and perform the work with your own forces or obtain materials from other sources without authorization from the Agency. The Agency authorizes a request to use other forces or sources of materials if it shows any of the following justifications:
1. Listed DBE fails or refuses to execute a written contract based on plans and specifications for the project.
2. You stipulated that a bond is a condition of executing the subcontract and the listed DBE fails to meet your bond requirements.
3. Work requires a contractor's license and listed DBE does not have a valid license under Contractors License Law.
4. Listed DBE fails or refuses to perform the work or furnish the listed materials.
5. Listed DBE's work is unsatisfactory and not in compliance with the contract.
6. Listed DBE is ineligible to work on the project because of suspension or debarment.
7. Listed DBE becomes bankrupt or insolvent.
8. Listed DBE voluntarily withdraws with written notice from the Contract
9. Listed DBE is ineligible to receive credit for the type of work required.
10. Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the Contract.
11. Agency determines other documented good cause.
Notify the original DBE of your intent to use other forces or material sources and provide the reasons. Provide the DBE with 5 days to respond to your notice and advise you and the Agency of the reasons why the use of other forces or sources of materials should not occur. Your request to use other forces or material sources must include:
1. 1 or more of the reasons listed in the preceding paragraph
2. Notices from you to the DBE regarding the request
3. Notices from the DBEs to you regarding the request
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034) -54-
SUPPLEMENTARY GENERAL CONDITIONS (STATE REQS.)
If a listed DBE is terminated, make good faith efforts to find another DBE to substitute for the original DBE. The substitute DBE must perform at least the same amount of work as the original DBE under the contract to the extent needed to meet the DBE goal.
The substitute DBE must be certified as a DBE at the time of request for substitution.
Unless the Agency authorizes (1) a request to use other forces or sources of materials or (2) a good faith effort for a substitution of a terminated DBE, the Agency does not pay for work listed on the Local Agency Bidder DBE Commitment (Construction Contracts), Exhibit 15-G, form unless it is performed or supplied by the listed DBE or an authorized substitute.
24. 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 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.
25. 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.
26. Federal Lobbying Restrictions
Section 1352, Title 31, United States Code prohibits Federal funds from being expended by the
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034) -55-
SUPPLEMENTARY GENERAL CONDITIONS (STATE REQS.)
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.
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.
27. Buy America Requirements
Attention is directed to the “Buy America” requirements of the Title 23 United States Code, Section 313 and the regulations adopted pursuant thereto. In accordance with said law and regulations, all manufacturing processes for steel and iron materials furnished for incorporation into the work on this project shall occur in the United States; with the exception that pig iron and processed, pelletized and reduced iron ore manufactured outside of the United States may be used in the domestic manufacturing process for such steel and iron materials. The application of coatings, such as epoxy coating, galvanizing, painting, and any other coating that protects or enhances the value of such steel or iron materials shall be considered a manufacturing process subject to the “Buy America” requirements.
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034) -56-
SUPPLEMENTARY GENERAL CONDITIONS (STATE REQS.)
A Certificate of Compliance, conforming to the provisions in Section 6 1.07, Certificates of Compliance, of the Standard Specifications, shall be furnished for steel and iron materials. The certificates, in addition to certifying that the materials comply with the specifications, shall also specifically certify that all manufacturing processes for the materials occurred in the United States, except for the exceptions allowed herein. The requirements imposed by said law and regulations do not prevent a minimal use of foreign steel and iron materials if the total combined cost of such materials used does not exceed one-tenth of one percent (0.1%) of the total contract cost or $2,500, whichever is greater. The Contractor shall furnish the Engineer acceptable documentation of the quantity and value of any foreign steel and iron prior to incorporating such materials into the work.
28. Female and Minority Goals
The following are for female and minority utilization goals for Federal-aid construction contracts and subcontracts that exceed $10,000:
The nationwide goal for female utilization is 6.9 percent.
The goals for minority utilization [45 Fed Reg 65984 (10/3/1980)] are as follows:
For the last full week July during which work is performed under the contract, you and each nonmaterial-supplier subcontractor with a subcontract of $10,000 or more must complete Form FHWA PR-1391 (Appendix C to 23 CFR 230). Submit the forms by August 5, 2025.
29. Federal Trainee Program
This section applies if a number of trainees or apprentices are specified in the special provisions.
As part of your equal opportunity affirmative action program, provide on-the-job training to develop full journeymen in the types of trades or job classifications involved.
You have primary responsibility for meeting this training requirement.
If you subcontract a contract part, determine how many trainees or apprentices are to be trained by the subcontractor.
Include these training requirements in your subcontract.
MINORITY UTILIZATION GOALS
Economic Area Goal
(Percent)
181
CA San Diego
Non-SMSA Counties
CA Imperial
16.9 18.2
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034) -57-
SUPPLEMENTARY GENERAL CONDITIONS (STATE REQS.)
Where feasible, 25 percent of apprentices or trainees in each occupation must be in their 1st year of apprenticeship or training.
Distribute the number of apprentices or trainees among the work classifications on the basis of your needs and the availability of journeymen in the various classifications within a reasonable recruitment area
Before starting work, submit to the City of Calexico:
1. Number of apprentices or trainees to be trained for each classification
2. Training program to be used
3. Training starting date for each classification
Obtain the City of Calexico of approval for this submitted information before you start work. The City of Calexico credits you for each apprentice or trainee you employ on the work who is currently enrolled or becomes enrolled in an approved program.
The primary objective of this section is to train and upgrade minorities and women toward journeymen status. Make every effort to enroll minority and women apprentices or trainees, such as conducting systematic and direct recruitment through public and private sources likely to yield minority and women apprentices or trainees, to the extent they are available within a reasonable recruitment area. Show that you have made the efforts. In making these efforts, do not discriminate against any applicant for training.
Do not employ as an apprentice or trainee an employee:
1. In any classification in which the employee has successfully completed a training course leading to journeyman status or in which the employee has been employed as a journeyman.
2. Who is not registered in a program approved by the US Department of Labor, Bureau of Apprenticeship and Training
Ask the employee if the employee has successfully completed a training course leading to journeyman status or has been employed as a journeyman. Your records must show the employee's answers to the questions.
In your training program, establish the minimum length and training type for each classification.
The City of Calexico and FHWA approves a program if one of the following is met:
1. It is calculated to:
• Meet the your equal employment opportunity responsibilities • Qualify the average apprentice or trainee for journeyman status in the classification involved by the end of the training period
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034) -58-
SUPPLEMENTARY GENERAL CONDITIONS (STATE REQS.)
2. It is registered with the U.S. Department of Labor, Bureau of Apprenticeship and Training, and it is administered in a way consistent with the equal employment responsibilities of Federal-aid highway construction contracts
Obtain the State's approval for your training program before you start work involving the classification covered by the program.
Provide training in the construction crafts, not in clerk-typist or secretarial-type positions.
Training is allowed in lower-level management positions such as office engineers, estimators, and timekeepers if the training is oriented toward construction applications. Training is allowed in the laborer classification if significant and meaningful training is provided and approved by the division office. Off-site training is allowed if the training is an integral part of an approved training program and does not make up a significant part of the overall training.
The City of Calexico of reimburses you 80 cents per hour of training given an employee on this contract under an approved training program:
1. For on-site training
2. For off-site training if the apprentice or trainee is currently employed on a Federal-aid project and you do at least one of the following:
• Contribute to the cost of the training
• Provide the instruction to the apprentice or trainee
• Pay the apprentice's or trainee's wages during the off-site training period
3. If you comply this section.
Each apprentice or trainee must:
1. Begin training on the project as soon as feasible after the start of work involving the apprentice's or trainee's skill
2. Remain on the project as long as training opportunities exist in the apprentice's or trainee's work classification or until the apprentice or trainee has completed the training program Furnish the apprentice or trainee:
1. Copy of the program you will comply with in providing the training
2. Certification showing the type and length of training satisfactorily completed
30. Title VI Assurances
During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONTRACTOR) agrees as follows:
(
1) Compliance with Regulations: CONTRACTOR shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034) -59-
SUPPLEMENTARY GENERAL CONDITIONS (STATE REQS.)
referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement.
(2) Nondiscrimination: CONTRACTOR, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. CONTRACTOR shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations.
(3) Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by CONTRACTOR for work to be performed under a Sub-agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by CONTRACTOR of the CONTRACTOR’S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. (4) Information and Reports: CONTRACTOR shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the California Department of Transportation or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of CONTRACTOR is in the exclusive possession of another who fails or refuses to furnish this information, CONTRACTOR shall so certify to the California Department of Transportation or the FHWA as appropriate and shall set forth what efforts CONTRACTOR has made to obtain the information. (5) Sanctions for Noncompliance: In the event of CONTRACTOR’s noncompliance with the nondiscrimination provisions of this agreement, the California Department of Transportation shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
(a) withholding of payments to CONTRACTOR under the Agreement within a reasonable period of time, not to exceed 90 days; and/or
(b) cancellation, termination or suspension of the Agreement, in whole or in part. (6) Incorporation of Provisions: CONTRACTOR shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.
CONTRACTOR shall take such action with respect to any sub-agreement or procurement as the California Department of Transportation or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONTRACTOR becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, CONTRACTOR may request the California Department of
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034) -60-
SUPPLEMENTARY GENERAL CONDITIONS (STATE REQS.)
Transportation enter into such litigation to protect the interests of the State, and, in addition, CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States.
31. 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 highway construction contract fraud and abuse and is operated under the direction of the DOT Inspector General.
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034) -61-
BID PROPOSAL
CITY OF CALEXICO
BID PROPOSAL
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034)
BID PROPOSAL FORM
ADDENDA ACKNOWLEDGEMENT
SUBCONTRACTORS LISTING
REFERENCES
BID BOND
NON-COLLUSION AFFIDAVIT
EQUAL OPPORTUNITY CERTIFICATION
WORKMEN’S COMPENSATION INSURANCE CERTIFICATE
CERTIFICATION OF SITE EXAMINATION
CONTRACTOR’S CERTIFICATION OF QUALIFICATION (OF LICENSE)
PROPOSAL AGREEMENT
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034) -62-
BID PROPOSAL FORM
CITY OF CALEXICO
BID PROPOSAL FORM
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034)
SIGNATORY STATEMENT
Name of Bidder: ________________________________________________________________ The undersigned hereby declares that it has carefully examined the location of the proposed work and that it has examined the Plans and Specifications, including the Bid Requirements, and hereby proposes to furnish all equipment, labor, and material (except owner-furnished materials), and to do all work required to complete the work shown in the Plans and described in the Specifications, within contract duration allocated, and at the unit prices set forth in the Bid Proposal.
The Bidder shall provide the unit and total prices for each of the bid items listed in the following Bid Schedule. Failure to provide prices for each bid item shall render the bid non-responsive. The sum of the total prices for each bid item shall be equal to the Total Base Bid Amount and shown in both numeric and in written words format.
Bidder understands that these quantities are estimates only and are given solely for the purpose of facilitating the comparison of Bids, and that the Contractor’s compensation will be computed on the basis of the actual quantities in the completed Work.
Bidder shall certify that all contents of the Bid Proposal are submitted and shall sign the Bid Proposal Checklist.
CONSTRUCTION CONTRACT AWARD
All bids are to be compared based on the Engineer’s Cost Estimate for the Project and estimate of the quantities of work to be done. If awarded, the City shall award the construction contract to the responsive and lowest responsible bidder. City reserves the right to reject any and all bids.
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034) -63-
BID PROPOSAL FORM
CITY OF CALEXICO
BID PROPOSAL FORM (CONT.)
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034)
BASE BID SCHEDULE
Item Description Qty Unit Unit Price Total Price
1 Mobilization & Demobilization
(Not to Exceed 5% of Total Bid) 1 LS
2 Construction Staking and Surveying 1 LS
3 Traffic Control and Stage Construction 1 LS
4 Stormwater Pollution Prevention Plan, Permit, &
Maintenance 1 LS
5 Hot Mix Asphalt 2,055 TON
6 Stress Absorbing Membrane Interlayer (SAMI) 18,270 SY 7 Sewer Manhole Rehabilitation 4 EA
8 Signing and Striping 1 LS
TOTAL
GRAND TOTAL BID ($): _________________________________________________________ GRAND TOTAL BID PRICE WRITTEN IN WORDS: _____________________________________ ____________________________________________________________________________
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034) -64-
BID PROPOSAL FORM
The foregoing quantities are approximate only, being given as a basis for the comparison of bids, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable by the Engineer. All bids will be compared on the basis of the Engineer’s estimated quantities of work to be performed.
The BIDDER agrees that the City reserves the right to increase or decrease the amount of any quantity shown and to delete any item from the Contract and pay the Contractor at the bid unit prices so long as the total amount of change does not exceed twenty-five percent (25%) plus or minus of the total bid amount equal. If the change exceeds twenty-five percent (25%) a change order may be negotiated to adjust unit bid prices. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, and fees. In the case of discrepancies in the amount bid, unit prices shall govern over extended amounts, and words shall govern over figures.
The bid prices shall include any and all costs, including labor, materials, and all other incidental costs to complete the Work, in compliance with the Bid and Contract Documents and applicable standards. All other work items not specifically listed in the bid schedule, but necessary to complete the work per bid and Contract Documents and applicable standards shall be included in the various bid item prices and in the Total Lump Sum Bid Amount. BIDDER understands that a bid is required for the entire work, that the quantities set forth in the Bid Schedule are to calculate total bid amount, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. __________________________________________________ __________________________________________
COMPANY TELEPHONE
__________________________________________________
BIDDER’S SIGNATURE
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034) -65-
ADDENDA ACKNOWLEDGEMENT
ADDENDA ACKNOWLEDGEMENT
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 its 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 -
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034) -66-
SUBCONTRACTORS LISTING
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/
($) AMOUNT OF WORK
NAME DIR
NUMBER
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 -
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034) -67-
REFERENCES
REFERENCES
The City of Calexico is interested in obtaining bids from the most qualified and capable contractors with a proven track record able to perform work. Any and all references required to be provided by the bid Specifications must be for projects constructed by the bidding company; references for other projects performed by principals or other individuals of the bidding company may not be included.
The following are the names, addresses, and telephone numbers for three (3) public agencies for which BIDDER has performed similar work.
1. ________________________________________________________________ Name and address of the owner
________________________________________________________________ Name and telephone number of person with the project
________________________________________________________________ Contract amount Type of work Date Completed
2. ________________________________________________________________ Name and address of the owner
________________________________________________________________ Name and telephone number of person with the project
________________________________________________________________ Contract amount Type of work Date Completed
3. ________________________________________________________________ Name and address of the owner
________________________________________________________________ Name and telephone number of person with the project
________________________________________________________________ Contract amount Type of work Date Completed
- END OF REFERENCES -
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034) -68-
BID BOND
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 “Scaroni Road Pavement Rehabilitation.”
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 2024
BY:
BY:
Insurance companies A.M. Best Company identifying
number:
- END OF BID BOND -
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034) -69-
NON-COLLUSION AFFIDAVIT
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 -
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034) -70-
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder_________________________________________________________________, proposed subcontractor _______________________________________________, hereby certifies that it 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, it 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 -
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034) -71-
WORKMEN’S COMPENSATION INSURANCE CERTIFICATE
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 -
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034) -72-
CERTIFICATION OF SITE EXAMINATION
CERTIFICATION OF SITE EXAMINATION
SITE VISIT IS NOT REQUIRED FOR BID: ☒
SITE VISIT IS REQUIRED FOR BID: ☐ (READ AND SIGN BELOW) 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 bidder shall examine the site for the work described herein..
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 -
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034) -73-
CERTIFICATION OF QUALIFICATION (FOR LICENSE)
CONTRACTOR’S CERTIFICATION OF QUALIFICATION
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
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034) -74-
PROPOSAL AGREEMENT
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 -
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034) -75-
BID PROPOSAL CHECKLIST
BID PROPOSAL CHECKLIST
The following documents are hereby transmitted with the Bid Proposal ITEM
NO. DESCRIPTION CHECK
1 Bid Proposal Form ☐
2 Addenda Acknowledgement ☐
3 Subcontractor’s Listing ☐
4 References ☐
5 Bid Bond ☐
6 Non-Collusion Affidavit ☐
7 Equal Opportunity Certification ☐
8 Workmen’s Compensation Insurance Certificate ☐
9 Certification of Site Examination ☐
10 Contractor’s Certification of Qualification (for License Classification) ☐ 11 Proposal Agreement ☐
By _____________________________
Bidder’s Name
_____________________________
Signature
_____________________________
Printed Name/Title
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034) -76-
CONSTRUCTION AGREEMENT
CITY OF CALEXICO
CONSTRUCTION AGREEMENT
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034)
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034) -77-
CONSTRUCTION AGREEMENT
CONSTRUCTION AGREEMENT
CITY OF CALEXICO, CALIFORNIA
THIS AGREEMENT is made this ______day of __________, 2024, 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 in accordance with the Bid Documents and approved plans and Technical Specifications for the Project.
2. Description of Work
The work shall be done in conformance with the Plans and Specifications for the Project. The Project includes, but is not limited to:
1. Mill and overlay of existing asphalt concrete pavement
2. Pavement marking and striping per CAMUTCD.
CONTRACTOR shall furnish all of the labor, tools, equipment, and services required to perform all of the work in connection with the construction of “Scaroni Road Pavement Rehabilitation.” 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 the Engineer, 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 the Project and shall be completed within the allotted working days after the date stated in such Notice.
4. Compensation
1.1 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.
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034) -78-
CONSTRUCTION AGREEMENT
1.2 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 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
6.1 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.
6.2 Types of Insurance
At all times during the term of this Agreement, CONTRACTOR shall maintain insurance coverage as follows:
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
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034) -79-
CONSTRUCTION AGREEMENT
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.
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.
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.
6.3 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.
6.4 Deductibles
All deductibles on any policy shall be the responsibility of the CONTRACTOR.
6.5 Specific Provisions Required
Each policy required under Section 6 herein, shall expressly provide, and an endorsement shall be submitted to the City, that:
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034) -80-
CONSTRUCTION AGREEMENT
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.
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.
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.
4. Before performing under this Agreement, the CONTRACTOR shall provide the CITY with all Certificates of Insurance accompanied with all endorsements.
5. The CONTRACTOR may obtain additional insurance not required by this Agreement.
7. Agreement or Compliance with Labor Code
CONTRACTOR certifies that it 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 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
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034) -81-
CONSTRUCTION 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 sole 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
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
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034) -82-
CONSTRUCTION AGREEMENT
The CONTRACTOR and any SUBCONTRCTORS employed by the CONTRACTOR shall be independent contractors and not agents of the CITY.
14. Compliance with Controlling Law
14.1 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 issued 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.
14.2 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.
14.3 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.
14.4 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.
16. Integration
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034) -83-
CONSTRUCTION AGREEMENT
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 employees shall 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 by 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.
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034) -84-
CONSTRUCTION AGREEMENT
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:
_____________________________ _________________________________
VERONICA LUNA-ALVARADO JUAN CONTRERAS
City Clerk of the City of Calexico Acting City Manager of the City of Calexico
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 -
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034) -85-
CONTRACT AGREEMENT DOCUMENTS
CITY OF CALEXICO
CONTRACT AGREEMENT DOCUMENTS
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034)
FAITHFUL PERFORMANCE BOND
LABOR AND MATERIAL BOND
WARRANTY BOND
WORKMEN’S COMPENSATION INSURANCE CERTIFICATE
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
DEBARMENT AND SUSPENSION CERTIFICATION
DRUG/ALCHOHOL TESTING REQUIREMENTS
CORPORATE CERTIFICATION OR PARTNERSHIP INFORMATION
NOTICE OF AWARD
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034) -86-
FAITHFUL PERFORMANCE BOND
FAITHFUL PERFORMANCE 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 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, it or it’s 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 its 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 its 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 , 2024.
_____________________________
PRINCIPAL
_____________________________
SURETY
BY ___________________________
ATTORNEY IN FACT
- END OF FAITHFUL PERFORMANCE BOND -
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034) -87-
LABOR AND MATERIAL BOND
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 its 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, it or it’s 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 its signature affixed thereto and the Surety has caused this contract to be executed by its duly authorized Attorney in Fact, on this ______ day of_______________, 2024.
_______________________________
PRINCIPAL
_______________________________
SURETY
BY____________________________
ATTORNEY IN FACT
- END OF LABOR AND MATERIAL BOND -
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034) -88-
WARRANTY BOND
WARRANTY BOND
WHEREAS the City of Calexico has executed an agreement with ______________________ (hereinafter “Contractor”), requiring Contractor to 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 Contractor is 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, it or it’s 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 its or their part, to be kept and performed thereof made as therein provided, on its 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 agrees that 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 affect its 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.
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034) -89-
WARRANTY BOND
IN WITNESS WHEREOF, we have hereto set our hands and seals this day on ___________________________________2024
Contractor:________________________________
By:_______________________________________
Name
Surety:____________________________________
By: _______________________________________
Attorney-in-Fact
- END OF WARRANTY BOND -
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034) -90-
WORKMEN’S COMPENSATION INSURANCE CERTIFICATE
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 -
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034) -91-
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder_________________________________________________________________, proposed subcontractor _______________________________________________, hereby certifies that it 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, it 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 -
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034) -92-
DEBARMENT AND SUSPENSION CERTIFICATION
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 -
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034) -93-
DRUG/ALCHOHOL TESTING REQUIREMENTS
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 -
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034) -94-
CORPORATE CERTIFICATION OR PARTNERSHIP INFORMATION
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 -
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034) -95-
NOTICE OF AWARD
NOTICE OF AWARD
______________________________________________________________________________ TO: (CONTRACTOR)
FOR CONSTRUCTIONOF:
______________________________________________________________________________ Your Bidder's Proposal dated________________________________________________, 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 -
96 PREVAILING WAGES SCHEDULES
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034) -97-
SPECIFICATIONS
CITY OF CALEXICO
SPECIFICATIONS
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034)
PART 1 - GENERAL PROVISIONS
(AMENDMENTS TO THE SSPWC/GREENBOOK)
PART 2 - TECHNICAL SPECIFICATIONS
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034) -98-
SPECIFICATIONS
SPECIAL PROVISIONS
SUPPLEMENTAL PROVISIONS TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTRUCTION
PART 1 – GENERAL PROVISIONS
All WORK embraced herein shall be performed in accordance with the Standard Specifications for Public Works (SSPWC or “Greenbook”), latest edition, including all supplements, as written and promulgated by Public Works Standards, Inc. Copies of the GREENBOOK are available from the publisher:
Building News, Incorporated
990 Park Center Dr., Ste. E
Vista, CA 92081
Tel: (760) 734-1113
www.bnibooks.com
The following General Provisions supplement and amend the SSPWC. In case of conflict between the Standard Specifications (Greenbook 2021 Edition) or the City Standard Plans, these Special Provisions shall take precedence over, and be used in lieu of, such conflicting portions.
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034) -99-
SPECIFICATIONS
SECTION 1 - GENERAL
1-6 BIDDING AND SUBMISSION OF THE BID.
1-6.1 General.
Add the following Subsections:
1-6.1.1Instruction to Bidders
(a) Site Examination: The Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work, the general and local conditions, such as, but not limited to, all other matters which could in any way impact the Work or the costs thereof. The failure of the Contractor to acquaint itself with all available information regarding any applicable existing or future conditions shall not relieve it from the responsibility for properly estimating the difficulties, responsibilities, or costs of successfully performing the Contract Work according to the Contract Documents. (b) Flow and Acceptance of Water: Storm, surface, nuisance or other waters may be encountered at various times during construction of the Work. Therefore, the Contractor, by submitting a Bid, hereby acknowledges that he has investigated the risk arising from such waters, has prepared the Bid response accordingly, and assumes any and all risks and liabilities from such flows of water.
SECTION 2 – SCOPE OF WORK
2-1 WORK TO BE DONE.
Add the following after the first (1st) paragraph:
In accordance with the contract, and leaving the construction site in a neat, clean, and orderly condition upon completion of the Work.
The estimated quantities of work and materials to be performed, constructed or furnished by the Contractor under this Contract are as shown on the Schedule of Prices in the Bid Proposal. The costs for items not specifically listed on the Schedule of Prices, but necessary to complete the Work are considered to be included in the unit cost of items listed in the Schedule of Prices.
Any plan or method suggested to the Contractor by the City Engineer or inspector but not specified or required, if adopted or followed in whole or in part, shall be used at the risk and responsibility of the Contractor; and the City and the City Engineer will assume no responsibility therefor.
2-2 PERMITS.
Add the following subsections:
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034) -100-
SPECIFICATIONS
2-2.1 Business License. Contractor to obtain a City Business License as a conditional precedent to being engaged as a contractor or subcontractor within the City. 2-2.2 Waiver of Fees. The City shall waive fees for City-issued permits, to the Contractor for use in obtaining the required City permits with the Notice of Award documents.
Fees required and paid for the Project by other agencies will be reimbursable by the City for the exact amount (no markup) shown on the receipt.
2-2.3 Right-of-Way Permits. The Contractor shall be required to obtain a no fee Right-of-Way Encroachment prior to starting work. The Contractor shall comply with all provisions of all permits.
2-2.4 Construction Water Meter. The Contractor may obtain a City construction water meter which is required for any water taken from City hydrants or other facilities for water used for construction purposes. A refundable deposit is required for the meter. The Contractor shall furnish all water necessary for completion of the work. If City water is not available, it is the Contractor’s responsibility to obtain water from other agencies and comply with their requirements. No additional compensation will be provided. 2-3 RIGHT-OF-WAY.
Add the following after first (1st) Paragraph:
Except as may specifically be provided to the contrary, nothing herein shall be construed to entitle the Contractor to the exclusive use of any public street or way during performance of the contract work, and he shall so conduct his operations as not to interfere unnecessarily with the authorized work of utility companies or other agencies in such streets and ways. 2-4 COOPERATION AND COLLATERAL WORK.
Add the following after first (1st) Paragraph:
Should construction be under way or subsequently begun by other forces or by other contractors within or adjacent to the limits of the Work, or in the vicinity of the Work to be done under this contract, the Contractor shall so conduct the Contractor’s operations as to interfere to the least possible extent with the Work of such other forces or contractors. If the performance of this contract is likely to be interfered with by the simultaneous performance of some other forces or contractors, the Engineer shall decide which contractor shall continue or if the Work proceed concurrently.
Add the following as the last Paragraph:
Any difference or conflicts that may arise between the Contractor and subcontractors or contractors of adjacent projects because of delays or hindrance to each other, shall be adjusted and determined by the Engineer. If the Work of the Contractor is delayed because of any acts or
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034) -101-
SPECIFICATIONS
omissions of any other contractor or force, the Contractor shall on that account have no claim for additional compensation or extra cost against the City. 2-5 THE CONTRACTOR’S EQUIPMENT AND FACILITIES.
Add the following subsections:
2-5.2.1Sanitation
The necessary sanitary conveniences for the use of the employees engaged in the project, properly obscured from public observance, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Engineer and their use shall be strictly enforced. The accommodations shall be maintained in a neat and sanitary condition and regularly pumped out.
2-5.5 Temporary Facilities and Services.
The Contractor shall be responsible for providing and maintaining temporary fences, safety barricades, watchman, etc., at the Contractor’s expense. 2-8 EXTRA WORK
Add the following after first (1st) paragraph:
Extra Work is also defined as additional work required by changes in the details of work described in the Specifications. Any extra work performed by the Contractor without an approved Contract Change Order from the City Engineer shall be at the Contractor's risk.
SECTION 3 – CONTROL OF THE WORK
3-5 INSPECTION
Delete the first (1st) and second (2nd) sentences and replace with the following:
The Work is subject to inspection and approval by the Engineer or the Public Works Inspector.
The Contractor shall notify the Inspector at least 48 hours in advance of when inspection is required, exclusive of weekends and holidays. The appointed Public Works Inspector and contact number will be provided on the second (2nd) page of the permit when issued.
Add after first (1st) paragraph:
Defective work shall be made good, and unsuitable materials may be rejected notwithstanding the fact that such defective work and unsuitable materials may have been previously overlooked by the Engineer and accepted.
Add the following subsection:
3-5.1 Final Inspection.
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034) -102-
SPECIFICATIONS
The Engineer will not make the Final Inspection until all Contract Work has been provided per the Contract Documents and the punch-list has been completed and corrections verified.
Following the final clean up, and when the Contractor believes the Work has been completed, the Contractor shall notify the Engineer to perform the Final Inspection. The Contractor may be present at the final inspection. The Contractor will be notified in writing of any outstanding defects or deficiencies to be remedied. When notified that corrective work is completed, the Engineer will again inspect the Work and when the Engineer is satisfied all Contract Work has been provided and completed in accordance with the plans and specifications, the Engineer will recommend to the Council that the Work be formally accepted. 3-6 THE CONTRACTOR’S REPRESENTATIVE.
Add the following after the first (1st) Paragraph:
The superintendent and any representatives, within reason, shall be satisfactory to the Engineer.
All directions of the Engineer shall be given in writing and shall be received and obeyed by the superintendent in charge of the particular work, reference to which orders are given; and all such directions given to the superintendent shall be as binding as if given to the Contractor in person. 3-6.1 Emergency Information
Add the following subsection:
The names, addresses, and telephone numbers of the Contractor and subcontractors, or their representatives, shall be filed with the Engineer and the County Sheriff's Department prior to beginning work.
3-7 CONTRACT DOCUMENTS
3-7.1 General
Replace the first (1st) sentence with the following:
The Contractor shall keep one copy of all drawings and specifications for the Work on the work site in good order, accessible to the Engineer and the Engineer’s representatives at all times.
Add the following as the first (1st) sentence of the second (2nd) paragraph:
It is the intent of these specifications and any related contract drawings that work performed under the contract shall result in a complete and fully operating system in satisfactory working condition with respect to the functional purpose of the installations.
Substitute the last paragraph with the following:
If the Contractor, either commencing work or in the course of the Work, finds any discrepancy between the Specifications and the Plans, or between either and the physical conditions at the site of the Work, or finds any error or omission in any of the plans, or in any survey, he shall
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034) -103-
SPECIFICATIONS
promptly notify the Engineer in writing of any such discrepancy, error, or omission. If the Contractor observes that any plans or specifications are at variance with any applicable law, ordinance, regulation, order or decree, he shall promptly notify the Engineer in writing of such conflict.
The Engineer upon receipt of any such notice shall promptly investigate the circumstances and give appropriate instructions to the Contractor. Until such instructions are given, any work done by the Contractor, either directly or indirectly, after the discovery of such error, discrepancy, or conflict, shall be at the Contractor’s own risk, and he shall bear all costs arising therefrom.
Should it appear that the Work to be done, or any of the matters relative thereto, are not sufficiently detailed or explained on the Contract Documents, or in the event of any doubt or question arising respecting the true meaning of the Specifications, the Contractor shall consult the Project Manager for such further explanation as may be necessary and the Project Manager's decision shall be final and binding.
3-7.2 Precedence of the Contract Documents.
Delete section in its entirety and replace with the following:
All work on this project shall conform to the special and technical provisions, and to the following:
1. City of Calexico Standard Details
2. Standard Specifications for Public Works Construction 2021 Edition (here on called Green Book)
3. Caltrans Standard Specifications, 2023 Edition
4. CA MUTCD, latest edition
If there is a conflict between Contract Documents, the highest in precedence shall control. The order of precedence shall be as follows:
a) Permits from other agencies as may be required by law. b) Change Orders and Supplemental Agreements; whichever occurs last. c) Contract/Agreement between City and Contractor
d) Addenda
e) Notice Inviting Bids
f) Bid Schedule
g) Project Special Provisions and Technical Specifications h) Project Plans
i) City Standard Specifications and Plans
j) Reference Specifications and Plans (including but not limited to Standard Specifications for Public Works Construction (Greenbook 2021 Edition) and the Standard Plans for Public Works Construction (2021 Edition). Caltrans Standard Plans and Specifications, 2023 Edition. WATCH manual, latest revision.
In case of conflict between the Standard Specifications and these Special Provisions, the Special Provisions shall take precedence over, and be used in lieu of such conflicting portions of the
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034) -104-
SPECIFICATIONS
Standard Specifications (with the exception of the Caltrans Standard Plans and Specifications for Traffic Signal requirements, these shall take precedence over the Special Provisions and the Standard Specification, City Standard Specifications and Plans). 3-8 SUBMITTALS.
3-8.1 General.
Add the following after the first (1st) paragraph:
Promptly after the Notice to Proceed has been received by the Contractor, the Contractor shall provide to the Project Manager a complete list of names and addresses of all suppliers of materials to be used for the Contract.
The Contractor shall submit all submittals required for the Work to the Engineer for review prior to or at the preconstruction meeting which will be held following the Notice of Award and prior to the Notice to Proceed.
The Contractor is ultimately responsible for the accuracy and completeness of the information contained in the submittals. All Contractor submittals shall be reviewed by an authorized representative of the Contractor, prior to submission to the Engineer for review. The Contractor shall review the submittal for correct and strict conformance with the Specifications and Contract Drawings. No consideration for review by the Engineer of any Contractor submittals will be made for any items which have not been certified by the Contractor. All non-certified submittals will be returned to the Contractor without action taken by the Engineer, and any delays caused thereby shall be the total responsibility of the Contractor.
The Engineer’s review of the Contractor’s submittals shall not relieve the Contractor of the entire responsibility for the correctness of details and dimensions. The Contractor shall assume all responsibility and risk for any misfits due to errors in the Contractor submitted submittals. Any fabrication or other Work performed in advance of the receipt of Approved submittals shall be entirely at the Contractor’s risk and expense. The Contractor shall be responsible for the dimensions and the design of adequate connections and details.
Revisions indicated on submittals shall be considered as changes necessary to meet the requirements of the contract drawings and specifications and shall not be taken as the basis of claims for Extra Work.
Add the following subsection:
3-8.1.1 Submittal Transmittal.
Accompany each submittal with a Submittal Transmittal Cover Sheet (one cover sheet per submittal category) form. The submittal category may contain one single product, or more than one product. Submittal cover sheets shall contain the following information:
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034) -105-
SPECIFICATIONS
1. Contractor’s name, address, telephone number, the name of the Subcontractor or supplier who prepared the submittal.
2. The Project Name and Project Number.
3. Description of the submittal with reference to the Contract requirement or specification section and paragraph number being addressed.
4. The General Contractor certification stamp shall be affixed to all submittals and shall contain the information as follows:
“SAMPLE SUBMITTAL STAMP”
GENERAL CONSTRUCTION CO. – SUBMITTAL REVIEW
THIS SUBMITTAL HAS BEEN REVIEWED BY THE CONTRACTOR
FOR COMPLIANCE WITH THE CONTRACT DOCUMENTS AND
COORDINATION OF THE WORK.
PROJECT NUMBER: XX – XXX
PROJECT NAME: XXXXXX XXXXXX XXXXX
BY: JOE CONTRACTOR, PROJECT ENGINEER
SIGNATURE: DATE: XX/XX/XXXX
SUBMITTAL NO: XX.YY.NNN-N.N.N
COMMENTS:
3. All submittals (with the exception of the Traffic Control Plan, Schedule and SWPPP Plan) shall be presented for review at the preconstruction meeting.
3. Submittals shall be assigned a sequential number and numbered in the following format:
XX.YY.NNN-N.N.N
XX = the sequential submittal number
YY = the sequential number of the submittal (01 for the first submittal review, 02 for the second submittal review, etc.)
NNN-N.N.N = Identifies the specification section number for the required submittal
3. All pages are to be numbered in the following format: Page xx of zz.
Add the following subsection:
3-8.1.2 Electronic Submittals.
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034) -106-
SPECIFICATIONS
Electronic submittals are preferred, shall be in PDF form with the required transmittal included.
The Contractor shall provide four (4) hard copies to the Engineer at the Preconstruction Meeting and submit electronically.
Following the Engineer’s review and approval: one (1) copy will be retained by the City and three (3) copies will be returned to the General Contractor; one (1) copy shall remain at the active construction site for use by the Engineer or the Inspector, one (1) shall become a record copy for the Contractor and one (1) shall be supplied to the subcontractor or material supplier or material manufacturer.
Add the following subsection:
3-8.1.3 Hard Copy Submittals.
Submittals submitted as hard copies, provide four (4) hard copies for review:
Following the Engineer’s review and approval: one (1) copy will be retained by the City and three (3) copies will be returned to the General Contractor; one (1) copy shall remain at the active construction site for use by the Engineer or the Inspector, one (1) shall become a record copy for the Contractor and one (1) shall be supplied to the subcontractor or material supplier or material manufacturer.
Add the following subsection:
3-8.1.4 Submittal Samples.
a) Unless otherwise specified, whenever the specifications call for actual material samples to be submitted, the Contractor shall submit not less than 3 samples of each item or material to the Engineer for approval at no additional cost to the City. b) Samples shall be submitted for approval with the submittal package at the Preconstruction Meeting. The Samples shall be submitted with enough time allotted for review so that the Work dependent on the materials or equipment can be assembled and reviewed without causing delays in the Work.
c) All samples shall be individually and indelibly labeled or tagged, indicating all specified physical characteristics and manufacturer’s names for identification and submittal to the Engineer for approval. Upon receiving the approval of the Engineer, the Contractor will receive two (2) samples, one (1) for the jobsite which will remain at the site until the completion of the work; and (1) for the Contractor’s office use. d) Colored concrete samples shall be 3” x 3” square and approximately 1” thick.
Add the following subsection:
3-8.1.5 Review Comments and Contractor Resubmittal Requirements. a) No Exceptions Taken: formal revision and resubmission of said submittal will not be required.
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034) -107-
SPECIFICATIONS
b) Make Corrections Noted: formal revision and resubmission of said submittal will not be required.
c) Submit Specified Item: the Contractor shall revise said submittal with the specified item and submit to Engineer for review.
d) Revise and Resubmit: the Contractor shall revise said submittal and submit to Engineer for review.
e) Information Only:
f) Rejected: the Contractor shall revise said submittal and submit to Engineer for review.
All material submittals and construction schedule submittals shall be submitted and approved by the Engineer prior to the commencement of the Work, unless otherwise approved by the City.
Refer to Section 6-1, “Construction Schedule and Commencement of the Work,” for specific requirements relating to the construction schedule. No work shall begin until the construction schedule has been approved by the Project Manager.
No work shall begin on the respective items of work that require a submittal until the submittals for those items of work have been approved in writing by the City.
Add the following subsection:
3-8.7 Record Drawing (As-Builts)
The Contractor shall maintain, on the job site, a set of full-size reproducible contract drawings.
On these he shall mark in red all as-built conditions, locations, configurations, and other details, which may vary from the details represented on the original drawings. This master record of as built conditions, including all revisions made necessary by addenda, change orders, and the like, shall be maintained and are up to-date during the progression of work.
Upon completion of the Work and prior to final acceptance, the complete set of redline drawings, marked up to show as-built conditions, shall be delivered to the City. These drawings shall be known as "Record Drawings." If the complete set of redline drawings is not organized or legible, the Contractor shall transfer the redline drawings onto a clean set of drawings to allow the Engineer to record the as-built changes for the City in electronic (CAD) format.
Full compensation for conforming to the requirements of Section 3-8.4.1 shall be considered as included in the various items of work involved and no additional compensation shall be allowed therefor.
3-10 SURVEYING.
Delete the subsection in its entirety and replace with the following:
The Contractor shall provide for the services of a land surveyor licensed in the State of California, hereinafter Surveyor, to perform all work necessary for establishing control, construction staking, records research and all other surveying work necessary to construct the work, provide surveying services as required herein and provide surveying, drafting and other professional services
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034) -108-
SPECIFICATIONS
required to satisfy the requirements of the Land Surveyors Act. Surveyor shall be resident on the site during all surveying operations and shall personally supervise and certify the surveying work.
Contractor shall submit surveyor’s information, including license number, prior to commencing work.
Permanent Survey Markers
The Contractor shall not disturb permanent survey monuments or benchmarks without the consent of the Engineer. Where the Engineer concurs, in writing, with the Contractor that protecting an existing monument in place is impractical, the Contractor shall employ a licensed land surveyor to establish the location of the monument before it is disturbed. The Contractor shall have the monument replaced by a licensed land surveyor no later than thirty (30) days after construction at the site of the replacement is completed. The Licensed Land Surveyor shall file corner record(s) as required by '' 8772 and 8773, et seq. of the California Business and Professions Code. Copies shall be provided to the City within 10 days of replacement of any monuments.
When a change is made in the finished elevation of the pavement of any roadway in which a permanent survey monument is located, the Contractor shall adjust the monument frame and cover to the new grade. Documentation of any disturbance or relocation, horizontal or vertical shall be provided to the City.
Center Line Ties
The Contractor shall be responsible to locate centerline ties and/or monuments at locations which are part of the project as directed by the Director of Public Works or his authorized representative. Contractor shall submit a scope of work for approval by the Engineer prior to commencing work. The monuments will be inventoried, tied out, and a centerline tie sheet will be prepared and submitted to the Engineer.
The Contractor shall include tie sheet preparation, setting ties, and reestablishing monuments, and the filing of a corner record as required. All ties associated with that monument as accepted by the Public Works Department and for filing by the Los Angeles County Surveyor’s office.
Contractor shall re-set the tie monuments where curb or curb ramps are removed and replaced or new ramps are installed. The Contractor’s surveyor shall be responsible to meet all requirements stipulated by the County Surveyor regarding the filing of corner records.
Lines and Grades
Except when, as per orders from the Director of Public Works or his authorized representative, minor changes in the work are to be made by the Contractor, all work shall, during its progress upon completion, conform to the lines, grades, and elevations shown on the Plans. All distances and measurements are given thereon and will be made in a horizontal plane. Three (3) consecutive points shown on the same rate of slope must be used in common in order to detect any variation from a straight line, and in case any such discrepancy exists, it must be reported to
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034) -109-
SPECIFICATIONS
the Director of Public Works or his authorized representative. Failure to make this report shall make the Contractor responsible for any such error in the finished work.
Measurement and Payment
“Construction Staking and Surveying” will be measured for payment as a lump sum and includes setting and installation of all survey control, measurements, reestablishing existing survey monuments, plats, filing a record of survey or corner record, including all labor and materials, for a complete project and in compliance to the referenced plans and specifications and no additional compensation will be allowed therefor.
Survey monuments were not identified in the Project Work area. Should the Contractor discover permanent survey monuments or benchmarks within the Work area and the Engineer determines that said monument(s) or benchmark(s) cannot be protected in-place, the Engineer will direct that the monument(s) or benchmark(s) be tied-out and Corner Record(s) be filed by the Contractor’s California-licensed Land Surveyor, all in accordance with Section 400-2 of the Standard Specifications, these Special Provisions, the California Business and Professions Code, and as directed by the Engineer.
Compensation for tying-out survey monuments and benchmarks, filing Corner Records, and reestablishing survey monuments and benchmarks that cannot be protected in-place, as determined by the Engineer, shall be as provided in Sections 2-8 and 2-9 of the Standard Specifications. Contractor disturbance of survey monuments and benchmarks the Engineer determines can be, or reasonably could have been, protected in-place shall be re-established in accordance with Section 400-2 of the Standard Specifications, these Special Provisions, the California Business and Professions Code, and as directed by the Engineer at the Contractor’s sole expense and no compensation will be allowed therefor. 3-12 WORK SITE MAINTENANCE.
3-12.1 General.
Add the following subsection:
3-12.1.1 Cleanup and Dust Control
Contractor and all subcontractors are required to clean up the project site on a daily basis. This cleanup shall include, but not be limited to, street sweeping by a mechanical sweeper and/or by hand (depending on the size of the daily job or cleanup), removal of all construction material that is no longer needed on the job site, daily removal of all construction rubbish or /trash away from the job site and proper storage of all construction equipment including traffic control devices that are not in use. Failure to comply with these daily cleanup requirements may result in the City performing the cleanup work and deducting the cost from the Contractor’s payment(s).
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034) -110-
SPECIFICATIONS
Upon completion and before making application for Acceptance of the Work, the Contractor shall clean all Project areas occupied during construction of the Work and the Project site. The Contractor shall remove all rubbish, excess construction materials, temporary structures, and equipment. All parts of the Work area shall be left in a neat and presentable condition.
The Contractor shall remove and dispose of all structures, debris, or other obstructions to the construction of the Work as specified. Where such obstructions consist of improvements not required by law to be removed by the owner thereof, all such improvements shall be removed, maintained, and permanently replaced by the Contractor at the Contractor’s expense as required for performance of the Work.
3-12.4.2 Storage in Public Streets.
Delete section in its entirety and replace with the following:
Stockpiling and/or storage of materials or equipment on any public right-of-way or parking areas will not be allowed without specific 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/or storage areas shall be kept in a safe, neat, clean and orderly fashion, and shall be restored to equal or better than original condition upon completion of the Work, or as directed by the Engineer.
No material or equipment shall be stored where it will interfere with the safe passage of public traffic, at the end of each day’s work, and at any other time when construction operations are suspended for any reason, the Contractor shall remove all equipment and other obstructions from that portion of the roadway open for use by the public traffic. 3-12.6 Water Pollution Control
3-12.6.1 General
Add the following to the end of the section:
The Contractor is responsible for conforming to the National Pollutant Discharge Elimination System (NPDES) regulations as relating to the construction performed in the prosecution of this contract. The Contractor shall implement Best Management Practices (BMPs) in accordance with the State Water Resource Control Board’s (SWRCB) Construction General Permit (CGP) Contractor shall furnish 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 to be provided, as specified in the CASQA Handbooks and Sample Contractor's Water Quality CSMP, General Permit, and these Detailed Specifications, and as directed by the Engineer.
Any BMP required to protect storm water quality 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
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034) -111-
SPECIFICATIONS
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 requiredBMPs. 3-12.6.5 Payment
Add the following to the end of the section:
Payment for “Stormwater Pollution Prevention Plan, Permit, & Maintenance” shall be at the contract lump sum amount bid, and shall include furnishing all labor, tools, materials, and equipment necessary to install and maintain Best Management Practices on the project for the duration of the project to the satisfaction of the Field Engineering Inspector, and no additional compensation will be allowed therefor.
3-13 COMPLETION, ACCEPTANCE, AND WARRANTY.
3-13.1 Completion.
Replace the last sentence in the paragraph with the following:
This will be the date when the Contractor is relieved from responsibility to protect and maintain the Work and to which liquidated damages will be computed, unless specified otherwise by a:
Maintenance Agreement, Development Agreement, Subdivision Agreement, Public Improvement Agreement, Project Conditions of Approval, or any other document specifying such.
3-13.2 Acceptance.
Add the following to the end of the first (1st) paragraph:
For the purpose of this article, "formal acceptance of the Work by the Council" shall mean the acceptance of the Work by the City, but not for the purpose of extinguishing any covenant or agreement on the part of the Contractor to be performed or fulfilled under this contract which has not, in fact, been performed or fulfilled at the time of such acceptance all of which covenants and agreements shall continue to be binding on the Contractor until they have been fulfilled. 3-13.3 Warranty
Replace the second (2nd) sentence of first (1st) paragraph with the following:
The Contractor shall warrant and guarantee the entire Project for a period of one year commencing on the date of formal acceptance of the Work by the Council.
Add the following to the end of the second (2nd) paragraph:
Deliver to the Engineer by the Contractor prior to final acceptance of the Work.
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034) -112-
SPECIFICATIONS
Replace last paragraph with the following:
The Contractor shall, upon the receipt of written notice from the City, promptly make all repairs arising out of defective materials, workmanship or equipment, including repair of settled backfill and resurfacing, and bear the cost of such repairs. If the Contractor does not make the repairs after 10 days of the notice, the City is hereby authorized to make such repairs and the Contractor and Surety shall bear the cost.
In the case of an emergency where, in the opinion of the City, the delay could cause serious loss or damage, repairs may be made without written notice being sent to the Contractor or Surety, and all expense in connection therewith shall be charged to the Contractor and Surety.
The foregoing obligations shall be secured by Warranty Bond, per Section 1-7.2 – CONTRACT BONDS, in a form approved by the City Engineer in an amount not less than ten percent (10%) of the contract price, or $2,000.00, whichever is greater, and shall be delivered to the City Engineer prior to issuance of Notice to Proceed for Construction.
This article does not, in any way, limit the guarantee on items for which a longer guarantee is specified or on any items for which a manufacturer gives a guarantee for a longer period, nor does it limit other remedies of the City in respect to latent defect, fraud, or implied warranties.
Contractor’s bonds shall remain in force during the warranty period. Payment for fulfilling the requirements of this section shall be considered as included in the prices for various Contract items of work and no additional compensation shall be allowed therefor.
SECTION 4 – CONTROL OF MATERIALS
4-2 PROTECTION.
Add the following to the end of first (1st) paragraph:
No materials shall be stored in the public right-of-way.
Add the following after the first (1st) Paragraph:
All packaged, manufactured products or materials for use in the Project shall be delivered to the site in their original unopened containers, bearing the Manufacturer’s name and the brand name of the product. Whenever any product or material is selected to be used in the Project, all such items shall be of the same manufacturer, brand and type throughout the Project.
Add the following Subsection:
4-2.1 Contractor’s Responsibility.
The Contractor shall have the charge and care of the Project Limits until the formal acceptance of the Project by City Council and will be at risk for loss or damage to any part of the Work by the
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034) -113-
SPECIFICATIONS
action of the elements or from non-execution of the Work. The Contractor shall rebuild, repair, restore any and all damages to completed Work and areas within the Project Limits after the commencement and before the final acceptance of the Work at their expense, with the exception of damages as are occasioned by acts of the Federal Government or the public enemy. In the case of the Suspension of Work, per Section 6-6, the Contractor shall be responsible for all materials stored on site, if necessary, shall erect or provide a temporary protective structure. 4-4 TESTING.
Insert the following before the first paragraph:
All materials proposed for use may be tested at any time during their preparation and use. If, after trial, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approve sources. After approval, any material which becomes unfit for use due to improper storage, handling, or any other reason, shall be rejected.
Delete the following:
“Unless otherwise specified in the Special Provisions, all initial testing and a reasonable amount of retesting will be performed under the direction of the Engineer, and at no expense to the Contractor. If the Contractor is to provide and pay for testing, it will be specified in the Special Provisions.”
Add the following Subsection:
4-4.1 DEFECTIVE MATERIALS.
All materials not conforming to the requirements of these Specifications shall be considered as defective and all such materials, whether in place or not, shall be rejected and shall be removed immediately from the site of the work unless otherwise permitted by the Engineer. No rejected materials, the defects of which have been subsequently corrected, shall be used until approval in writing has been given by the Engineer. Upon failure of the Contractor to comply with any order of the Engineer made under the provisions of this article, the Engineer shall have the authority to remove and replace defective material and to deduct the cost of removal and replacement from any monies due or to become due the Contractor.
SECTION 5 – LEGAL RELATIONS AND RESPONSIBILITIES
5-4 INSURANCE.
5-4.1 General.
Insert the following before the first (1st) Paragraph:
The Contractor or any Subcontractors for this Project shall not commence work under the Contract until the City has received and approved the required certificates for the policies listed in 5-4 INSURANCE.
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034) -114-
SPECIFICATIONS
Insert the following after first (1st) sentence of first (1st) Paragraph:
The City and any public entity or special district for which the City Council is the Governing Body, and their agents, officers and employees, shall not be responsible for any liability arising under this Contract.
Add the following Subsection:
5-4.1.1 Term of Coverage.
The Contractor shall obtain and maintain for the life of the Contract, General Liability Insurance (Section 5-4.2). The Contractor shall have the charge and care of the Project Limits until the formal acceptance of the Project by City Council and shall bear the liability of accident, loss or damage to any part of the Work.
Add the following Subsection:
5-4.1.2 Endorsements.
a) The City and any public entity or special district for which the City Council is the Governing Body, and their agents, officers and employees, shall be additional Insured(s) while acting within the scope of their duties against all claims arising out of or in connection with the work to be performed.
b) It is hereby understood and agreed that the Policy to which this certificate refers may not be canceled, materially changed, reduction to the amount of coverage or allow the policy to lapse until 30 days after receipt of registered notice (per Section 5-2 SPECIAL NOTICES) by the City Clerk.
5-4.2 General Liability Insurance.
Add the following paragraph after “Limits of Liability” table:
Personal Injury shall also include Bodily Injury. The following “Limits of Liability” shall be included in the policy, not less than one million dollars ($1,000,000.00) for all damages arising out of bodily injury or death of one (1) individual and not less than two million dollars ($2,000,000.00) for all damages arising out of bodily injuries to or death of more than one person in any one event. 5-4.4 Auto Liability Insurance.
Delete the section in its entirety and replace with the following:
The Contractor shall provide a certificate of insurance to the Agency showing coverage against liability for damages for bodily injury including death resulting from a single incident in the amount of not less than one million dollars ($1,000,000.00) for one individual, and two million dollars ($2,000,000.00) for more than one individual.
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034) -115-
SPECIFICATIONS
Coverage for auto related property damages shall be in the sum of one million dollars ($1,000,000.00) resulting from any one accident which may arise from the operations of the Contractor performing Work under this Contract. This policy shall be for “any auto” or for “all autos either owned, hired, or non-owned.”
5-7 SAFETY.
5-7.1 General.
Add the following after the last paragraph:
Unusual conditions may arise on the work which will require that immediate and unusual provisions be made to protect the public from danger or loss or damage to life and property, due directly or indirectly to the prosecution of the Work, and it is part of the service required of the Contractor to make such provisions and to furnish such protection.
The Contractor shall use such foresight and shall take such steps and precautions as the Contractor’s operations make necessary to protect the public from danger or damage, or loss of life or property, which would result from the interruption or contamination of public water supply, irrigation, or other public service or from the failure of partly completed work.
Whenever, in the opinion of the Engineer, an emergency exists against which the Contractor has not taken sufficient precaution for the safety of the public or the protection of utilities or of adjacent structures or property which may be injured by process of construction on account of such neglect; and whenever, in the opinion of the Engineer, immediate action shall be considered necessary in order to protect public or private personnel or property interests, or prevent likely loss of human life or damage on account of the operations under the contract, then and in that event the City may provide suitable protection to said interest by causing such work to be done and material to be furnished as, in the opinion of the Engineer, may seem reasonable and necessary.
The cost and expense of said labor and material together with the cost and expense of such repairs as may be deemed necessary shall be borne by the Contractor, and if the Contractor shall not pay said cost and expense upon presentation of bills therefore, duly certified by the Engineer, then said cost and expense will be paid by the City and shall thereafter be deducted from any amounts due, or which may become due said Contractor. Failure of the City, however, to take such precautionary measure shall not relieve the Contractor of the full responsibility for public safety. The foregoing provisions are in addition to and not in limitation of any other rights or remedies available to the City.
The Contractor shall submit a lump sum bid price as per the bidding schedule in Section C for removing and installing, as appropriate, all traffic signing and striping as shown on the plans and as specified in these Special Provisions.
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034) -116-
SPECIFICATIONS
SECTION 6 – PROSECUTION AND PROGRESS OF WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK. 6-1.1 Construction Schedule.
Insert the following after the first (1st) sentence:
The Contractor shall review the plans and specifications and submit a written work schedule to the City for approval at least 15 calendar days prior to starting work. The schedule shall designate the order that the work will progress, no work shall be started until the schedule is approved by the Engineer. The Contractor shall not commence construction on any section of the work until such time that all materials will be available when needed. The Contractor shall submit an updated construction schedule at each progress meeting and upon the issuance of any change order that alters the contract’s schedule.
Add the following after the first (1st) paragraph:
The project schedule shall include the dates the Contractor anticipates performing exploratory excavations and providing the pothole information to the Engineer. Grade and/or alignment changes shall be made only if approved by the Engineer. 6-1.2 Commencement of the Work
Delete section in its entirety.
Add the following subsection:
6-1.2.1 Notice to Proceed for Procurement. Upon receiving the written Notice to Proceed for Procurement, the Contractor shall order all equipment required for the project, and within fifteen (15) calendar days following the date of issuance of the Notice to Proceed for Procurement, the contractor shall submit evidence of material ordered, including the estimated delivery date.
Add the following subsection:
6-1.2.2 Notice to Proceed for Construction. The Contract Time shall commence on the date of issuance of the City’s written Notice to Proceed for Construction, the Contractor shall begin work within 15 calendar days after the issuance of the Notice to Proceed for Construction. The Contractor shall diligently prosecute all work to completion within sixty (60) working days. As stipulated in Section 6-9 – Liquidated Damages, failure to complete all work within sixty (60) working days will result in assessment of Project Completion Liquidated Damages in the amount specified.
Traffic control plans shall be submitted for review and approved by the City prior to commencement of work.
Add the following subsection:
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034) -117-
SPECIFICATIONS
6-1.2.3 Contractor’s Daily Reports. The Contractor shall complete a daily report indicating manpower, major equipment, subcontractors, etc. involved in the performance of the Work. The daily report shall be completed on forms prepared by the Contractor and approved by the Engineer and shall be submitted to the Engineer at the conclusion of each work day. 6-2 PROSECUTION OF THE WORK.
Add the following after the second (2nd) paragraph:
All loss or damage arising out of the nature of the Work to be done under the Contract, or from any unforeseen obstruction or difficulties which may be encountered during the progress of the Work and in the prosecution of the same, or from the action of the elements, or from encumbrances on the line of the Work, shall be sustained by the Contractor.
All work, which is defective in its construction or deficient in any of the requirements of the Specifications, shall be remedied or removed and replaced by the Contractor in an acceptable manner at the Contractor’s own expense. Upon failure on the part of the Contractor to comply forthwith with any order from the Engineer, made under the provisions of this article, the Engineer and City may cause the defective work to be remedied or removed and replaced at the expense of the Contractor.
Add the following Subsection:
6-2.1 Noncompliance with Plans and Specification.
Failure of the Contractor to comply with any requirements of the Plans and Specifications and the immediate remedy of any such noncompliance following notice from the Engineer; may result in suspension of contract payments on all items of work. Any progress payments so suspended shall remain in suspension until the Contractor’s operations are brought into compliance to the satisfaction of the Engineer. Upon determination of the Engineer that the Contractor is no longer in noncompliance, the progress payments will resume. No additional compensation shall be due to the Contractor as a result of the suspension of the progress payments due to noncompliance.
6.3 TIME OF COMPLETION.
6.3.1 General.
Delete the first sentence and replace with the following:
The Contractor shall complete the Work within sixty (60) working days from the date of the Notice to Proceed – Construction is issued.
Add the following subsection:
6-3.1.1 Work Days.
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034) -118-
SPECIFICATIONS
No work shall be done between the hours of 4:00 P.M. and 7:00 A.M., nor on Saturdays, Sundays, or legal holidays without the permission of the Engineer and in the presence of the Engineer's inspector, except in case of any emergency. In all cases, the Contractor shall reimburse the Engineer for any expenses incurred as a result of work performed by the Contractor outside of regular working hours. This includes, but is not limited to, payment of Engineer's inspector at the appropriate overtime wage rate.
If required, night work shall be performed from 9 pm to 5 am. If night work is authorized by the City, inspection will be provided by the City at no cost to the contractor. The Contractor is expected to provide revised traffic control plan with adequate lighting for proper prosecution of the night Work, for the safety of the workers and the public, and for proper inspection at no extra cost to the City.
6-4 DELAYS AND EXTENSION OF TIME.
Add the following subsection:
6-4.1.1 Avoidable Delays.
Avoidable delays in the prosecution or completion of the Work shall include all delays, which in the opinion of the Engineer would have been avoided by the exercise of care, prudence, foresight and diligence on the part of the Contractor or the Contractor’s subcontractors. The following shall be considered avoidable delays within the meaning of the contract: 1) Delay in the prosecution of parts of the Work which may in themselves be unavoidable but do not necessarily prevent or delay the prosecution of other parts of the Work nor the completion of the whole Work within the time herein specified; 2) Reasonable loss of time resulting from the necessity of submitted samples of materials and drawings to the Engineer for approval and from making of tests of materials, measurements and inspections; 3) Reasonable interference of other contractors employed by the City which do not necessarily prevent the completion of the whole Work within the time agreed upon. Unavoidable delays, which may be considered for an extension of time for completion of the Work, shall include, but not be limited to, acts of God, acts of war, or labor strikes.
6-4.2 Extensions of Time.
Add the following after the first (1st) paragraph:
If unavoidable delays are encountered, or if the City directs the work such that delays in the contract schedule are incurred, the Contractor shall be allowed an extension of time in which to complete the Work. The Contractor must submit a written request for extension of work with stated reasons for the delay. The extension of work shall be equal to the sum of all unavoidable delays, as determined above or by the City Engineer, plus any adjustment of contract time due to contract change orders. During such extension of time, neither compensation for extra engineering and inspection nor liquidated damages shall be charged to the Contractor.
Applications for an extension of time shall be made in writing before the expiration of the time for completion and not more than 15 days after the beginning of any unavoidable delay.
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034) -119-
SPECIFICATIONS
6-5 USE OF IMPROVEMENT DURING CONSTRUCTION.
Add the following Subsection:
6-5.1 Use of Improvement – Exceptions – The provisions of Subsection 6-5, USE OF IMPROVEMENT DURING CONSTRUCTION, shall not apply to projects for the repair, modification, enlargement or improvement of existing improvements that are to remain in use during construction except where a portion of the Work is completely independent from the rest of the Work can be completed and put into use by the Agency.
Projects on public roads, after satisfactory completion of an isolated section of the Work involving roadway improvements or repairs, when all temporary signs and other temporary Contractor facilities have been removed, the section is not being used as a detour, the section is no longer under the Contractor’s control, and the section is opened to public traffic through the end of the Contract period, that section of the Work shall be taken over by the Agency as provided in Subsection 6-5, USE OF IMPROVEMENT DURING CONSTRUCTION. The Contractor shall submit to the Engineer in writing, when the conditions of this paragraph have been complied with and shall specify the limits of the public road section involved. Any use of the Work by the Agency shall be effective only when formal written notification is issued by the Agency. 6-6 SUSPENSION OF THE WORK.
6-6.1 General
Replace the first (1st) paragraph with the following:
The City or the Engineer shall have the authority to suspend the Work, wholly or in part, for such period as the City or the Engineer may deem necessary, due to unsuitable weather or other such conditions as are considered unfavorable for the suitable prosecution of the Work, or for such time as the City or the Engineer deems 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 comply with the written order of the City or the Engineer to suspend the Work wholly or in part and shall not resume the Work until ordered to do so in writing by the City or the Engineer. Such suspension shall be without liability to the Contractor on the part of the City except as otherwise specified in 6-4.3.
In the event a suspension of work is ordered because of failure on the part of the Contractor to carry out orders given or to perform any provisions of the Work, such suspension of work shall not relieve the Contractor of the Contractor’s responsibility to complete the Work within the time limit set forth herein and shall not be considered cause for extension of the time for completion and, further, such suspension of work shall not entitle the Contractor to any additional compensation.
6-9 LIQUIDATED DAMAGES.
Delete the section in its entirety and replace with the following:
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034) -120-
SPECIFICATIONS
6-9.1 Project Completion Liquidated Damages.
Time is of the essence for the completion of this project. For each and every day that any portion of the work remains unfinished after the time fixed for completion as noted in Subsection 6-3.1 TIME OF COMPLETION, General or as modified by any extension of time granted pursuant to Subsection 6-4.2 – Extensions of Time, damage will be sustained by the City. Because of the difficulty in computing the actual material loss and disadvantage to the City, it is determined in advance and agreed to by the parties hereto that the Contractor shall pay the City the amount of damages set forth herein as representing a reasonable forecast of the actual damages which the City will suffer by the failure of the Contractor to complete the work within the stipulated time.
The Execution of the Agreement shall constitute acknowledgment of the Contractor and that the Contractor has ascertained and agrees that the City will actually suffer damages in the amount herein fixed for each and every calendar day during which the completion of the work is avoidably delayed beyond the stipulated completion date.
The Contractor shall have no claim or right of action against the City for damages, costs, expenses, loss of profits, due to any type of delay within or without the Contractor's control, and whether or not any delay may have resulted from any action by the City. The fulfillment of the contract shall be within the number of working days as stated in the Contract Documents or as modified by any extension of time.
The Contractor will not be assessed with liquidated damages during the delay in the completion of the work caused by acts of God or of the Public Enemy, acts of the State, fire not due to acts of contractors or subcontractors, floods, epidemics, quarantine, restrictions, strikes, freight embargo or unusually severe weather, or delays of subcontractors due to such causes provided that the Contractor shall within ten (10) days from the beginning of such delay notify the City, in writing, of the cause of the delay. The City will ascertain the facts and the extent of the delay, and the findings thereon shall be final and conclusive. Damages for avoidable delays shall be in the amount of $1,000 (One-Thousand Dollars), per calendar day in excess of the time specified for completion of the Work. Such sum may be deducted from payments due the Contractor if such delay occurs.
6-9.2 Interim Milestone Liquidated Damages.
When existing traffic striping and markings are obliterated and subsequent pavement improvements are completed, the Contractor shall cat-track the striping and markings to be installed within two (2) working days. Upon receiving approval of the cat-tracks by the Engineer, the Contractor shall install the striping and markings, including appurtenant traffic signs as specified in the Plans and Specifications, within two (2) working days. Traffic detector loops, including lead-in cables, as specified in the Plans and Specifications, shall be installed within two (2) working days following the installation of the striping and markings. Interim Milestone Liquidated damages shall be in the amount of $1,000.00 (One-Thousand Dollars) per calendar day, should the cat-track, striping and markings, and the traffic detectors loops are not to be completed and approved by the Engineer within the specified time. The sum of Interim
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034) -121-
SPECIFICATIONS
Milestone Liquidated Damages shall be deducted from payments due to the Contractor, if such a delay occurs. These liquidated damages shall be in addition to the Project Completion Liquidated Damages as specified in Subsection 6-9.1.
SECTION 7 – MEASUREMENT AND PAYMENT
7-3 PAYMENT.
7-3.1 General.
Insert the following after first (1st) paragraph:
Payment for all work bid at a price per unit of measurement shall be based upon the actual quantities of work constructed in accordance with the Plans and Specifications and as measured upon completion. The City does not expressly or by implication agree that the actual amount of work or materials of any class will correspond to the estimated quantities given in the bid proposal.
The prices paid for the various items in the bid proposal shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals necessary to complete the finished product as provided in these specifications. Compensation in full for items specified as "Lump Sum" in the bid proposal shall include payment for furnishing all labor, materials, tools, equipment, and incidentals necessary in accordance with these Specifications.
Insert the following after last paragraph:
Pursuant to Chapter 7 of California Codes for Public Works Contracts, § 7100, the Contractor shall furnish the City with a release of all claims against the City prior to final payment. The forms provided in these Specifications titled Contractor's Affidavit of Release of Liens and Subcontractor's Final Waiver of Lien, shall be completed and returned to the Engineer prior to final acceptance by City.
7-3.2 Partial and Final Payment.
Replace the first sentence of the second (2nd) paragraph with the following:
The Contractor will submit the monthly progress payment estimate each month. Payments shall be made within forty-five (45) calendar days after review of the monthly progress payment estimate by the Engineer and Inspector.
Delete the third paragraph in its entirety and replace with the following:
The City shall retain five percent (5%) of the estimated value of the work done and will pay monthly to the Contractor the balance, after deducting all previous payments and all sums to be kept or retained under the provisions of this Contract. No such progress payment or estimate
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034) -122-
SPECIFICATIONS
shall be required to be made when the total number of working days is thirty (30) or less, or when in the judgment of the Engineer the Work is not proceeding in accordance with provisions of the contract, or when the value of the Work amounts to less than Five Hundred Dollars ($500.00).
No such estimate or payment shall be construed to be an acceptance of any defective work or improper materials.
In lieu of the five percent (5%) retention deducted from the progress payment, and at the request and expense of the Contractor, securities equivalent to the retention shall be deposited with the public City, any person licensed under the Escrow Law in the Financial Code, or with a state or federally chartered bank in California as the escrow agent, who shall pay such monies to the Contractor upon satisfactory completion of the contract. Securities eligible for investment under this Section shall include those listed in Section 16430 of the government code or bank or savings and loan certificates of deposit. The Contractor shall be the beneficial owner of any securities substituted for monies retained and shall receive any interest thereon.
The Contractor shall notify the Engineer of the completion of the Work and the Engineer shall make an inspection of the Work. The Engineer will not make the final inspection until the Work provided for and contemplated by the Contractor has been completed and the final clean up performed. The Contractor may be present at the final inspection. The Contractor will be notified in writing of any defects or deficiencies to be remedied. When notified that corrective work is completed, the Engineer will again inspect the Work and when the Engineer has satisfied himself/herself that all work has been done in accordance with the plans and specifications, the Engineer will recommend to the Council that the Work be formally accepted. 7-3.4 Mobilization
Add the following to the end of the section:
Mobilization / Demobilization shall consist of preparatory work and operations, including but not limited to, those necessary forthe 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/ Demobilization.” 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 City’s Construction Manager, periodic meetings involving project personnel (Contractor, utilities, and others) will be held for the purpose of coordinating project activities.
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 sixty (60) working days of said date.
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034) -123-
SPECIFICATIONS
No additional compensation will be allowed for additional mobilizationsrequired,includingbut 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/ Demobilization”on each monthly progress paymentshall be based upon the percentage of the total of the amounts credited for work on all the other contract itemsforthat monthly progress payment, up to a cumulative limit of eighty (80) percent of the contract lump sum price for “Mobilization / Demobilization.” The remaining twenty (20) percent of the contract lump sum price for “Mobilization / Demobilization” 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 lump sum amount paid for “Mobilization / Demobilization.”
Sanitary Arrangements
The Contractor shall make provisions for and maintain in a sanitary manner at the work site all necessary and sanitary conveniences for the workmen, in accordance with the rules and regulations of the State Board of Health.
The Contractor’s attention is directed to the existing pedestrian and vehicular access ways crossing the lines of work. These access ways shall not be closed unless an alternate access way is provided. The Contractor shall assume full responsibility for providing alternate access. The compensation for the work in this item shall be considered as included in the cost of the various contract items of work and additional compensation will be made therefor.
Measurement and Payment
“Mobilization / Demobilization” will not be measured for payment and will be paid as a Lump Sum as specified on the bid scheduleandshall include full compensation forfurnishing all labor, materials, tools,equipment, andincidentals, and for doing all the work necessary as specified in the Contract Documents and Specifications, StandardDrawings,supplementaldetails,these Special Provisions, and as directed by the Engineer or his appointed designee. Payment shall be based on the percentage of total value of work completed as of each progress pay estimate.
Full compensation for mobilization shall be considered as included in the Contract lump sum amount for “Mobilization / Demobilization” and no additional compensation will be allowed therefor. Partial payment shall be based on the percentage of total value of work completed as of each progress pay estimate.
7-3.5 Contract Unit Prices
7-3.5.1 General
Add the following to the end of the section:
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034) -124-
SPECIFICATIONS
7-3.5.1 (a) Definition of Bid Items
The Unit Prices and Lump Sum amounts to be paid for the Items listed in the Bid Schedule shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals necessary for the completed work, including incidental work not explicitly stated but inherently required to complete the work described in the bid items, in accordance with the Plans and Specifications. Said price and payment of the bid items shall include the Contractor’s costs associated with bonding, insurance, worker’s compensation, overhead, financing, obtaining required permits and permit fees, mobilization, traffic control, public convenience and safety, protective barricading, sanitary facilities, storage of equipment and materials, security against theft and vandalism, project site maintenance, dust and runoff, clean-up and all other items incidental to the work.
Payment for Unit Price work shall be made for the actual quantities of Contract Items removed, constructed, or disposed of in accordance with the plans and these Specifications as specified in Section 7-1.2 Methods of Measurement. Payment for Lump Sum work shall be paid for at the price indicated in the Bid Schedule, in accordance with Section 7-2, “Lump Sum Work.” 7-3.5.2 Increases of More Than 25 Percent
Delete the first (1st) paragraph of the section and replace with the following:
Should the actual quantity of an item of work covered by a Contract Unit price and constructed in conformance with the Plans and Specifications exceed the bid item by more than twenty five percent (25%), the Contractor shall notify the Engineer in writing (hereinafter called “Quantity Exceedance Notice”) within five (5) working days. Payment for the quantity in excess of 125 percent (125%) of the Bid quantity shall be made at the Contract Unit Price, or at the option of the City, on the basis of Extra Work per 7-4. No exceptions shall be granted unless requested and specified by the Contractor in the Quantity Exceedance Notice. If so requested, payment will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and City. Adjustments to the Contract Unit Price per Section 7-4 will only be made if the extra work has been performed other than the contract bid items, under special circumstances that justify the extra costs, such as night work, greater depth of trenching, etc. 7-3.5.3 Decreases of More Than 25 Percent
Delete the Section in its entirety and replace with the following:
Should the actual quantity of an item of work covered by a Contract Unit Price, and constructed in conformance with the Plans and Specifications, be less than 75 percent of the Bid quantity, an adjustment in payment will not be made unless so requested in writing by the Contractor. The request shall be submitted and received by the Agency within 5 (five) working days upon substantial completion of the specific work item. If the Contractor so requests, payment will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency; or at the option of the Engineer, on the basis of Extra Work per 7-4 Payment for Extra Work or on the basis of actual quantity at the Contract Unit Price plus the
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034) -125-
SPECIFICATIONS
actual costs incurred in connection with not completing up to the 75 percent of the Bid quantity.
However, in no case shall payment be less than would be made for the actual quantity at the Contract Unit Price, nor more than would be made for seventy-five (75) percent of the Bid quantity at the Contract Unit Price.
For the purpose of this section, actual costs incurred in connection with not completing up to 75 percent of the bid quantity shall be limited to the following:
(a) If material conforming to the Plans and Specifications was ordered by the Contractor for use in completing the item of work, and if the order for that material cannot be canceled, payment will be made to the Contractor for the actual cost of the unused material between the actual constructed quantity and the Bid quantity. In this case, the material shall become property of the Agency. If the material is returnable, the unused material between the actual constructed quantity and the Bid quantity shall be returned, and payment will be made to the Contractor for the actual charges made by the supplier for returning the material and for handling by the Contractor.
(b) If equipment was rented by the Contractor for use in completing the specific item of work and for no other item of work, and if there is a minimum number of rental days charged by the vendor, the Contractor shall submit documentation showing the number of days the equipment was used for the work item and the minimum rental days charged by the vendor. Payment will be made to the Contractor for the equipment rental in proportion to the unused rental days and the minimum rental days.
7-4 PAYMENT FOR EXTRA WORK
7-4.3 Markup
Insert the following the paragraph at the beginning of the Section:
Unless otherwise specified in the Special Provisions, the markup, as determined by Section 7-4.2 “Basis for Establishing Costs”, shall be as described below, and shall constitute the full markup for all overhead and profit on extra work performed under this contract; no additional compensation will be provided therefor.
7-4.3.1 Work by the Contractor.
Delete the section in its entirety and replace with the following:
The following percentages shall be added to the Contractor’s costs and shall constitute the full markup for all overhead and profit on extra work performed by the Contractor under this contract; no additional compensation will be provided therefore:
1) Labor ………………………………………………………20%
2) Materials ………………………………………………..15%
3) Tools and Equipment Rental ………..…………15%
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034) -126-
SPECIFICATIONS
4) Other Items …………………………………………….15%
To the sum of the costs and markups provided for in this subsection, 1 percent shall be added as compensation for bonding.
7-4.3.2 Work by a Subcontractor.
Delete the section in its entirety and replace with the following:
When all or any part of the “extra work” is performed by a Subcontractor, the markup established in 3-3.2.3 (a) shall be applied to the Subcontractor’s actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the “extra work” and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the “extra work” may be added by the Contractor. These markups shall constitute the markup for all overhead and profit for the Contractor on work performed by the Subcontractor.
The markups specified in Parts (a) and (b) above shall be considered as including, but not limited to, the Contractor’s labor costs for personnel not working directly on the “extra work,” including the cost of any tools and equipment that they may use. Such costs shall not be reported as labor or equipment costs elsewhere except when they are actually used in the performance of the “extra work.” Labor costs shall in that case be reported for the labor classification corresponding to the type and nature of “extra work” performed.
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034) -127-
SPECIFICATIONS
SUPPLEMENTAL PROVISIONS TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTRUCTION
PART 2, CONSTRUCTION MATERIALS
SECTION 203 – BITUMINOUS MATERIALS
203-6 ASPHALT CONCRETE
203-1.3 Test Reports and Certification
Add the following to the end of the subsection:
Performance graded asphalt binder PG 70-10 shall be used in making all hot mix asphalt for placement on this project, and the binder shall conform to SSPWC Sections 203-1 and 203-2.. 203-6 ASPHALT CONCRETE
203-6.1 General
Revise the following:
Immediately following the first sentence of Paragraph 1, ADD: “Submitted mix designs for this project shall not exceed 20 percent RAP content.”
203-6.4.1 Class and Grade
Delete the first (1st) paragraph and replace it with the following:
Asphalt Concrete shall be Type III-C3-PG 70-10-R20. No more than 20 percent RAP shall be included in the asphalt hot mix.
Add the following to Section 203:
203-15 STRESS ABSORBING MEMBRANE INTERLAYER (SAMI)
203-6.1 General. Stress Absorbing Aggregate Membrane (SAMI) shall be as specified in Section 37-2.05 STRESS ABSORBING MEMBRANE INTERLAYERS of the 2022 CalTrans Standard Specifications.
203-6.1 Payment. “Stress Absorbing Membrane Interlayer (SAMI)” shall be measured and paid by the Square Yard (SY) and shall include full compensation for furnishing all labor, transportation, materials, equipment and incidentals necessary to provide and install stress absorbing aggregate membrane in accordance with the Plans, CalTrans Standard Specifications, these Special Provisions, and as directed by the City, and no additional payment shall be made therefor.
SUPPLEMENTAL PROVISIONS TO
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034) -128-
SPECIFICATIONS
STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTRUCTION
PART 3, CONSTRUCTION METHODS
SECTION 314 - TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT
MARKERS
314-4.3.6 Measurement
Delete this section in its entirety.
314-4.3.7 Payment
Delete this section in its entirety and replace with the following:
Payment for traffic striping, traffic signage and traffic markings shall be at the contract lump sum price for “Signing and Striping” and shall include full compensation for furnishing all labor, materials, equipment and incidentals necessary to provide and install all traffic striping, all temporary and permanent traffic marking work and all temporary pavement painting for the convenience of the contractor, including costs for wet sandblasting of existing lines and markings as specified in the Plans, Standard Specifications, these Special Provisions, and as directed by the City and no additional payment shall be made therefor.
SCARONI ROAD PAVEMENT REHABILITATION
STATE PROJECT NO. LPPSB1L-5168(034) -129-
SPECIFICATIONS
SUPPLEMENTAL PROVISIONS TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTRUCTION
PART 4, EXISTING IMPROVEMENTS
SECTION 404 – COLD MILLING
404-1 General
Add the following:
The Contractor shall cold mill 2 inches of existing asphalt concrete pavement as shown on the plans and details. The width and depth to be cold milled shall be as shown on the plans. Concrete subgrade and pavement fabrics may be encountered within the extents of the milling. Disposal of asphalt pavement will be in accordance with Section 300-1 of these Special Provisions.
Should Contractor encounter non-recyclable pavement fabrics (i.e., refused by the asphaltic concrete pavement recycler) or Portland cement concrete during cold-milling operations, removal and disposal of such materials shall be considered Extra Work in accordance with Greenbook Section 2-8, “EXTRA WORK,” and shall be compensated for in accordance with Section 7-3, “PAYMENT,” or 7-4, “PAYMENT FOR EXTRA WORK.”
404-11 Measurement
Delete this section on its entirety.
404-11 Payment
Delete this section on its entirety and replace with the following:
Cold Milling 2 inches of Asphalt Concrete Pavement and all work included in and incidental to Section 404-1 shall be considered included in the contract unit price per ton (TON) of “Hot Mix Asphalt,” and no additional payment will be made therefor. □ □ □
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Local Assistance Procedures Manual EXHBIT 10-Q
Disclosure of Lobbying Activities
EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES
COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352
1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
a. contract a. bid/offer/application a. initial
b. grant b. initial award b. material change
c. cooperative agreement c. post-award
d. loan For Material Change Only:
e. loan guarantee year ____ quarter _________
f. loan insurance date of last report __________
4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime:
Prime Subawardee
Tier _______ , if known
Congressional District, if known Congressional District, if known
6. Federal Department/Agency: 7. Federal Program Name/Description:
CFDA Number, if applicable ____________________
8. Federal Action Number, if known: 9. Award Amount, if known:
10. Name and Address of Lobby Entity 11. Individuals Performing Services (If individual, last name, first name, MI) (including address if different from No. 10) (last name, first name, MI)
(attach Continuation Sheet(s) if necessary)
12. Amount of Payment (check all that apply) 14. Type of Payment (check all that apply) $ _____________ actual planned a. retainer
b. one-time fee
13. Form of Payment (check all that apply): c. commission a. cash d. contingent fee
b. in-kind; specify: nature _______________ e deferred
Value _____________ f. other, specify _________________________
15. Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 12:
(attach Continuation Sheet(s) if necessary)
16. Continuation Sheet(s) attached: Yes No
17. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying reliance was placed by the tier above when his transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to Congress
semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Signature: ________________________________________
Print Name: _______________________________________
Title: ____________________________________________
Telephone No.: ____________________ Date:___________
Authorized for Local Reproduction
Federal Use Only: Standard Form - LLL
Standard Form LLL Rev. 04-28-06
Distribution: Orig- Local Agency Project Files