AGENDA
NOTICE AND CALL OF A SPECIAL CITY COUNCIL MEETING
CITY OF CERES, CALIFORNIA
City Council Chambers, 2701 Fourth Street
Tuesday, November 12, 2024 at 6:00 p.m.
Mailing Address: Ceres City Hall, 2220 Magnolia Street, Ceres, CA 95307-3292 Phone: (209) 538-5700 Fax: (209) 538-5780
CALL TO ORDER
Mayor Lopez
ROLL CALL
Mayor: Javier
Lopez
Vice Mayor: Bret Silveira (District 3)
Councilmembers: James Casey (District 1); Rosa linda L. Vierra (District 2); Daniel A.
Martinez (District 4)
INVOCATION
Invocation by Chris Henry, Hope Tree Church.
Click this link to join the webinar:
https://us02web.zoom.us/j/85290585623?pwd=eldC1pqgwv9ca9mtWWNHajq5sAFTcs.1 Webinar ID: 852 9058 5623; Passcode: 749724; or Dial: (669) 900-6833
REMOTE PUBLIC COMMENT IS AVAILABLE FOR THE CITY COUNCIL MEETING BY EMAILING THE CITY CLERK AT [email protected] BEFORE 4:00 PM THE DAY OF THE MEETING.
INCLUDE THE AGENDA I TEM NUMBER OR PUBLIC COMMENT PERIOD IN THE SUBJECT LINE OF THE EMAIL. THE CLERK MAY READ WRITTEN COMMENTS INTO THE RECORD, IF SPECIFICALLY REQUESTE D TO DO SO AT THE BEGINNING OF YOUR EMAIL. YOUR WRITTE
N COMMENT WILL BE DISTRIBUTED TO THE CITY COUNCIL AND KEPT ON FILE AS
PART OF THE OFFICIAL RECORD OF T
HE COUNCIL MEETING.
If you have any questions on how to attend virtually or are encountering difficulties connecting to the meeting, please contact the City Clerk at [email protected].
AGENDA
Special City Council Meeting
November 12, 2024
PLEDGE OF ALLEGIANCE
Pledge of Allegiance led by Mayor Lopez.
PRESENTATIONS
None
CITIZEN COMMUNICATIONS to the Council on matters not included on the agenda (five minutes).
While the City Council welcomes and encourages pa rticipation in City Council meetings, adopted rules allow no more than five minutes (Resolution No. 2007-106). Members of the public interested in addressing the City Council during this Special Meeting may address the items which have been described in the notice of this Special Meeting in accordance with Government Code Section 54954.3(a).
CONFLICT OF INTEREST DECLARATION
APPOINTMENTS TO BOARDS/COMMISSIONS
None
CONSENT CALENDAR
All matters listed on the consent calendar are consider ed routine in nature and w ill be enacted by a single motion unless otherwise requested by an individual Coun cilmember or public for special consideration.
Otherwise, the recommendation of staff will be accepted and acted upon by roll call vote.
1. Clerks Report of Posting. The a genda of the November 12, 2024 City Council Meeting was Posted on Wednesday, November 6, 2024. (City Clerk)
2. Waive Readings. All Readings of Or dinances and Resolutions are Waived. (Waive readings in full of all ordinances and re solutions on the agenda and declare that said titles which appear on the public agenda shall be determined to have been read by title). (City Clerk)
3. Approval of Minutes for the October 28, 2024 Regular City Council Meeting. (City Clerk)
4. Register of Audited De mand(s) Dated October 16, 2024 through October 23, 2024. (Esenwein)
5. Consideration to Cancel the Second Regularly Scheduled City Council Meeting of December 23, 2024. (City Clerk)
6. Resolution No. 2024-XXX, Rescinding Resolution No. 2022-144 and Adopting an Amended Conflict of Interest Code for the Cit y of Ceres to Update the List of Designated Employees and Dis closure Categories for Fili ng of the Fair Political AGENDA
Special City Council Meeting
November 12, 2024
Practices Commission (FPPC) Statement of Ec onomic Interests Form 700. (City Clerk)
7. Resolution No. 2024-XXX, Approving the Construction Contract for the Lucchesi Lane Sewer Rehabilitation Project (Project No. 2516) to Kroeker Inc., Authorizing a 10% Contingency, and Authorizing the Cit y Manager to Execute the Contract. (Beltran)
8. Resolution No. 2024-XXX, Accepting and Appropriati ng Funding from City of Turlock Fire Department ($67,900.00), Stani slaus Consolidated Fire Protection District ($67,900.00), City of Modesto Fi re Department ($67,900.00), Yosemite Community College District ($250,000.00), and County Regional Fire Authority ($325,000.00) for the Fire Training Faci lity Tactical Tower in the Amount of $778,700.00 and Appropriating an Additional $131,358.20 for Co ntingency and Construction Support Services. (Beltran)
9. Resolution No. 2024-XXX, Approving the Construction Contract for Morgan Road Storm Drain Improvements Pr oject (2408) to Mid Cal Pi peline and Utilities, Inc., Authorizing a 10% Contingency, Authorizing a Budget Amendment, and Authorizing the City Manager to Execute the Contract. (Beltran)
10. Resolution No. 2024-XXX, Accepting Hatch Road Tr ansmission Main Phase 1 Project as Complete, Authorizing the F iling of the Notice of Completion, and Releasing the Retention to the Contractor. (Beltran)
11. Resolution No. 2024-XXX , Approving a Three-Year Agreement with Time Card Plus / ScheduleAnywhere for Scheduling and Monitoring of Police Department Shifts and Authorizing the City Manager to Execute the Agreement. (Perry)
CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR
UNFINISHED BUSINESS
12. Resolution No. 2024-XXX, Approving the use of the Remainder of the American Rescue Plan Act (ARPA) Funding. (Esenwein)
PUBLIC HEARING
13. Resolution 2024-XXX, Adopting the Updated Various User and Regulatory Fees and Charges. (City Manager)
14. Resolution 2024-XXX , Approving of the Five -Year (2024-2028) Capital Improvement Program (CIP) and Integration into the FY25 Budget. (Beltran)
AGENDA
Special City Council Meeting
November 12, 2024
NEW BUSINESS
None
DISCUSSION ITEMS
15. Discussion on the Status of the SR 99 Service/Mitchell Road Interchange Design Review and Conceptual Alternatives. (Beltran)
COUNCILMEMBER REFERRALS
Councilmembers request to have an agenda item placed on a future agenda (pursuant to Chapter 2 - City Council Meetings, J-8. City Council Referrals/Determination of Items for Agenda).
16. Carport Ordinance
(Referred by Councilmember Martinez)
REPORTS
At this time, any Councilmembers or City staff will make an announcement, or report briefly on his/her activities.
Mayor
City Council
City Manager
City Attorney
Departments
County Supervisor
CLOSED SESSION
1. Public Employee Performance Evaluation, Cal. Gov’t Code §54957(b)(1) Title: City Manager
Title: City Attorney
2. Conference with Labor Negotiators, Cal Gov’t Code §54957.6(a) Agency Designated Representative: City Manager, Douglas D. Dunford Employee Organization: Ceres Police Officers’ Association Employee Organization: First Line Supervisors/Confidential Bargaining Group Employee Organization: Laborers’ International Union of North America (LiUNA!) Employee Organization: Mid-Managers Bargaining Group
Employee Organization: Public Safety Managers
REPORT FROM CLOSED SESSION
AGENDA
Special City Council Meeting
November 12, 2024
ADJOURNMENT
The next regularly scheduled City Council Meet ing will be held on November 25, 2024 at 6:00 p.m. in the City Council Chambers located in the Community Center at 2701 Fourth Street, Ceres, CA.
Council Agenda:
The City Council agenda is available for pub lic review on the City’s website at www.ci.ceres.ca.us and posted at the time and places noted above.
Related Materials:
Any writings or documents provided to a majori ty of the City Counc il regarding any item on this agenda will be made available for public inspection at the City Clerk’s Office at City Hall located at 2220 Magnolia Street, Ceres, CA during normal business hours. Persons with questions concerning any agenda item may ca ll the City Clerk’s Office at (209) 538- 5731.
Notice regarding Americans with Disabilities Act:
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting or if you need the agenda and/or the documents in the agenda packet provided in an alternative format, please contact the city clerk’s office at (209) 538- 5731 at least 48 hours prior to the meeting to ensure that reasonable arrangements can be made (28CFR 35.102-35.104 ADA TITLE II).
AFFIDAVIT OF POSTING
I, Cristina Aguilar, Deputy City Clerk, for the City of Ceres, declare under penalty of perjury that the foregoing agenda for the Special City Council Meeting was posted on Wednesday, November 6, 2024, at the following locations in Ceres:
Community Center Display Case – 2701 Fourth Street
Cristina Aguilar, Deputy City Clerk
DRAFT MINUTES
CITY COUNCIL REGULAR MEETING
CITY OF CERES, CALIFORNIA
(via ZOOM and in-person)
City Council Chambers, 2701 Fourth Street
Monday, October 28, 2024 at 6:00 p.m.
Mailing Address: Ceres City Hall, 2220 Magnolia Street, Ceres, CA 95307-3292 Phone: (209) 538-5700 Fax: (209) 538-5780
CALL TO ORDER
Ma
yor Lopez called the October 28, 2024 meeting to order at 6:00 p.m.
ROLL CALL – Present:
M
ayor: Javier Lopez
Vice Mayor: Bret Silveira (District 3)
Councilmembers: James Casey (District 1); Rosalinda L. Vierra (District 2); Daniel A.
Martinez (District 4)
District 1
Councilmember
Casey
District 2
Councilmember
Vierra
District 4
Councilmember
Martinez
District 3
Vice Mayor
Silveira
Mayor Lopez
Present Present Present Present Present
INVOCATION
Invocation by Chris Henry, Hope Tree Church.
PLEDGE OF ALLEGIANCE
P
ledge of Allegiance was led by Mayor Lopez.
PRESENTATIONS
A. S
ervice Award for Johnny Carrillo, Senior Facilities Maintenance Worker
Senior Facilities Maintenance Worker, Johnny Carrillo, accepted the award.
B. Veterans Day Proclamation
Pete Samaniego with the American Legion and John Warren with the Veterans of Foreign Wars accepted the proclamation.
ITEM 3
DRAFT MINUTES
Regular City Council Meeting
October 28, 2024
CITIZEN COMMUNICATIONS to the Council on matters not included on the agenda (five minutes)
J
ustin Farkas spoke regarding updates from Assemblyman Juan Alanis’ office.
Jose Magana spoke regarding a letter he received from the City , the rules surrounding carports, and his ministry.
Ray Martinez spoke regarding rules surrounding carports.
Derek Cowell spoke regarding the ordinance on carports.
Liliana Gonzalez spoke in agreeance with previous speakers regarding carports.
Janet Seay spoke regarding carports.
Ed Cowell spoke regarding carports.
Gene Yeakley spoke regarding veterans and the Veterans Day Proclamation.
John Warren spoke regarding the audio-visual in the council chambers.
City Clerk, Fallon Martin, read an email into the record from Tony Cavaggion regarding fishing at River Bluff.
APPOINTMENTS TO BOARDS/COMMISSIONS
N
one
CONFLICT OF INTEREST DECLARATION
N
one
CONSENT CALENDAR
1. C
lerks Report of Posting. The agenda of the October 28, 2024 City Council Meeting was Posted on Tuesday, October 22, 2024. (City Clerk)
2. Waive Readings. All Readings of Ordinances and Resolutions are Waived. (Waive readings in full of all ordinances and resolutions on the agenda and declare that said titles which appear on the public agenda shall be determined to have been read by title). (City Clerk)
3. Approval of Minutes for the October 14, 2024 Regular City Council Meeting. (City Clerk)
ITEM 3
DRAFT MINUTES
Regular City Council Meeting
October 28, 2024
4. Register of Audited Demand(s) Dated October 8, 2024. (Esenwein)
5. General Correspondence – Information Only
a. Public Works Monthly Report for September 2024 (Royal)
Action: Motion by Councilmember Martinez, seconded by Vice Mayor Silveira, approving items 1 – 5 . Motion carried 5/0/0/0 by the following roll call vote:
Councilmember
Casey
Councilmember
Vierra
Councilmember
Martinez
Vice Mayor
Silveira Mayor Lopez
Yes Yes Yes Yes Yes
CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR
None
UNFINISHED BUSINESS
None
PUBLIC HEARING
None
NEW BUSINESS
None
DISCUSSION ITEMS
N
one
COUNCILMEMBER REFERRALS
6. LE
D Stop Signs Near Schools
(Referred by Mayor Lopez)
Mayor Lopez introduced the item.
Mayor Lopez asked for public comment. The following members of the public spoke:
Gene Yeakley spoke regarding traffic enforcement and the cost of LED stop signs.
Angela Cowell spoke regarding stop signs and streetlights in her neighborhood.
Mayor Lopez closed public comment.
ITEM 3
DRAFT MINUTES
Regular City Council Meeting
October 28, 2024
Council and staff discussion included creating safer routes to schools, Safe Routes to School grant, and involving the school district.
Council provided consensus to bring an actionable item back for a future meeting (5/0).
7. Maintenance at Neel Park (Dog Park)
(Referred by Councilmember Martinez)
8. Carport Ordinance
(Referred by Councilmember Martinez)
REPORTS
•
Mayor
Mayor Lopez congratulated Central Valley High School’s football team for being 9-0.
• City Council
Councilmember Casey spoke regarding the Stanislaus County Board of Supervisors recognizing the Ceres VFW Commander, Freddie Morales, and sales tax in relation to fast food and mobile food vendors.
Councilmember Vierra spoke regarding the Cupcake Boutique grand opening, Grub Hub groundbreaking, Jakara Movement, Tuscany Village, and the Crosstown Showdown.
Vice Mayor Silveira thanked Recreation staff for the Trunk or Treat event and Crosstown Showdown Parade.
Councilmember Martinez spoke regarding the Crosstown Showdown Parade.
• City Manager
Nothing to report.
• City Attorney
Nothing to report.
• Departments
Recreation Manager, Joey Chavez, spoke regarding the Ceres Music Festival at River Bluff Regional Park on November 10
th.
ITEM 3
DRAFT MINUTES
Regular City Council Meeting
October 28, 2024
• County Supervisor
Nothing to report.
CLOSED SESSION
9. P
ublic Employee Performance Evaluation, Cal. Gov’t Code §54957(b)(1) Title: City Manager
Title: City Attorney
REPORT FROM CLOSED SESSION
M
ayor Lopez reported there was no reportable action.
ADJOURNMENT
The next scheduled (Special) City Council Meeting will be held on November 12, 2024, at 6:00 p.m. in the City Council Chambers located in the Community Center at 2701 Fourth Street, Ceres, CA.
T
here being no further business, Mayor Lopez adjourned the meeting at 7:30 p.m.
______________________________
Javier Lopez, Mayor
______________________________
Fallon Martin, City Clerk
Cons
istent with Council Policy, the minutes referenced above are in Action Format. The complete recording of the meeting can be viewed at http://www.ci.ceres.ca.us/ agenda center.
ITEM 3
ITEM 3
COUNCIL AGENDA REPORT
CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: November 12, 2024
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Shannon Esenwein, Finance Director
[email protected], (209) 538-5765
SUBJECT: Register of Audited Demand(s) Dated October 16, 2024 through October 23, 2024.
RECOMMENDED COUNCIL ACTION:
City Council approve the register of audited demand(s) dated October 16, 2024 through October 23, 2024 covering obligations to be paid by general warrants in the amount of $1,784,182.62
I. BACKGROUND:
In accordance with Section 37202 of the Government Code of the State of California this is presented here with a summary of demands against the City of Ceres covering obligations to be paid for the period ending October 16, 2024 through October 23, 2024.
Each demand has been audited and I hereby certify to their accuracy and conformance with the budget. Sufficient funds are available for payment of these demands.
I declare under penalty of perjury that the register of audited demands has been examined by me and to the best of my knowledge and belief is a true, correct and complete listing of claims audited and payable.
II. REASONS FOR RECOMMENDATION:
The Finance Department monitors payments of invoices for accountability, accuracy, and completeness. Budgeted payrolls and demands paid by warrants or checks may be presented to the legislative body for ratification and approval. This allows for invoices to be paid in a timely manner to establish goodwill with merchants and allows for discounts to be taken where applicable.
ITEM 4
III. FISCAL IMPACTS:
The attached listing represents the cash disbursements required of normal and usual operations during the period. The disbursements are accounted for in the FY 2024- 25 budget. There is a $1,784,182.62 fiscal impact for the period of October 16, 2024 through October 23, 2024.
IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:
N/A
V. POLICY ALTERNATIVES:
N/A
VI. INTERDEPARTMENTAL COORDINATION:
N/A
VII. PUBLIC PARTICIPATION:
N/A
VIII. ENVIRONMENTAL REVIEW:
N/A
IX. STEPS FOLLOWING APPROVAL:
N/A
Approved by: ______________________
Douglas D. Dunford,
City Manager
Attachments:
Attachment A – Warrant Register October 8, 2024
ITEM 4
Date
Voucher List
City of Ceres
10/29/2024 3:24:01 PM
Vendor Name Invoice Description Amount
FLAGS FOR CERES 1,062.75
Total: 1,062.75
10/16/24 A STARS & STRIPES FLAG CORP
9/22/24 LEGAL AD TCP CC#9 QTR 3-2024 437.00
Total: 437.00
10/16/24 209 MULTIMEDIA CORPORATION
FOR WELDING AT PARK 89.37
Total: 89.37
10/16/24 AIRGAS USA, LLC
SEPT 24 SECURITY PATROL FOR CITY PARKS 5,280.00
Total: 5,280.00
10/16/24 ALPINE PROTECTIVE SOLUTIONS
KEY BLANKS 69.58
Total: 69.58
10/16/24 AL'S CERTIFIED SAFE & LOCK
OCT 24 SCADA SERVER MONTHLY MONITORING 100.00
Total: 100.00
10/16/24 ADVANCED TECHNOLOGY
Total: 102.62
10/16/24 AT&T 8/20-9/19/24 T-1 LINE FOR CONNECTION FROM CORP 162.81 8/20-9/19/24 PHONE SVCS MULTIPLE LINES 381.75
SHOP BATTERIES - FLEET 44.96
3RD BRAKE LIGHT - PD F150 23.40
PULL START ROPE / WEED EATERS - CHAINSAWS 20.18
12V RELAY SWITCHS 14.08
10/16/24 AMAZON CAPITAL SERVICES, INC.
OCT 24 MONTHLY INTERNET SMYRNA PARK 49.00
OCT 24 MONTHLY WIRELESS INTERNET SVCS 59.00
10/16/24 AYERA TECHNOLOGIES,INC.
SEPT 24 PROCESSING BL ADMIN SVCS (101) LICENSES 1,071.61 Total: 1,071.61
10/16/24 AVENU MUNISERVICES
544.56
10/16/24 AT&T TOWER/AREA SEARCH 120.00
Total: 120.00
Total:
Total: 108.00
10/29/2024 3:24:01 PM
ATTACHMENT A
ITEM 4
Date
Voucher List
City of Ceres
10/29/2024 3:24:01 PM
Vendor Name Invoice Description Amount
Total: 5,900.00
10/16/24 BIG JAY'S TIRES INC. COMPLETE INTERIOR OF CNT VAN 47,946.67 Total:
10/16/24 BEAR ELECTRICAL SOLUTIONS,
INC
S/B #2 LANE @ HATCH LOOP REPLACEMENT 5,900.00
1/2 YARD OF CONCRETE FOR VAULT LID REPLAC. 157.14
Total: 157.14
10/16/24 CALIFORNIA LANDSCAPE
EXHAUST FAN REPLACED 1,850.00
Total: 1,850.00
10/16/24 PARDY BOUNTHAVONG
47,946.67
10/16/24 BSK ASSOCIATES SEPT 24 GEOTECH INSP SVCS WELL 22(GAC)AGRMNT#2 1,116.50 Total: 1,116.50
OCTOBER - DECEMBER QUARTERLY DUES - CHIEF PERRY 75.00
Total: 75.00
10/16/24 CERES LIONS CLUB
APP SERVICES USED FOR EDIBLE FOOD RECOVERY 2,800.00
Total: 2,800.00
10/16/24 CAREIT CO
PROPANE FOR BUILDING HEAT 842.37
Total: 842.37
10/16/24 AASIM PROPANE & GAS
Total: 150.00
FLAT TIRE - UNIT 125 25.00
FLAT TIRE - UNIT 228 25.00
FLAT TIRE - UNIT 104 25.00
FLAT TIRE - UNIT 109 25.00
EVIDENCE TOW 25.00
EVIDENCE TOW 25.00
10/16/24 CERES BODY SHOP, INC
10/29/2024 3:24:01 PM
ATTACHMENT A
ITEM 4
Date
Voucher List
City of Ceres
10/29/2024 3:24:01 PM
Vendor Name Invoice Description Amount
10/16/24 CHARTER COMMUNICATIONS 9/1 - 9/30 SCADA INTERNET WATERWORLD 274.64 438.90
10/16/24 CR RANCH, INC. BOARDING FOR K9 VEKO 461.70
Total: 461.70
Total: 274.64
10/16/24 COSTAR REALTY INFORMATION,
INC.
10/01/24 - 10/31/24 COMM REAL ESTATE DATABASE 438.90
Total:
JUL 24 RICHLAND AVE SANITARY SWR RPLMNT PROJ 89.20
Total: 89.20
10/16/24 GDR ENGINEERING, INC.
SERVICE PARTS - FILTERS, OIL, DISC PARTS, BUSHINGS 476.30 Total: 476.30
10/16/24 GARTON TRACTOR, INC
ANNUAL SCADA LICENSING AGREEMENT 33,880.00
Total: 33,880.00
10/16/24 E&M ELECTRIC AND MACHINERY,
INC
SEP 24 WATER SAMPLE ANALYSIS - WELLS 1,017.95
INFLUENT STUDY ANALYSIS 276.00
SEP 24 WATER SAMPLE ANALYSIS W16 NITRATE 37.80
SEP 24 WATER SAMPLE ANALYSIS W39/40 42.80
SEP 24 WATER SAMPLE ANALYSIS W39 / 40 1,600.05
SEP 24 WATER SAMPLE ANALYSIS DIST 13 696.15
SEP 24 WATER SAMPLE ANALYSIS WQP 1,258.95
SEP 24 WATER SAMPLE ANALYSIS W28 & 38 NITRATE 42.80
10/16/24 GEOANALYTICAL LABORATORIES,
INC
SEP 24 WATER SAMPLE ANALYSIS - WELL 28,38,39,40 60.00
Total: 60.00
10/16/24 IEH-JL ANALYTICAL SERV INC.
DOWNTOWN BUSINESS LANDSCAPING 1,820.00
Total: 1,820.00
10/16/24 GROVER LANDSCAPE SERVICES,
INFLUENT STUDY ANALYSIS 285.00
Total: 5,257.50
10/29/2024 3:24:01 PM
ATTACHMENT A
ITEM 4
Date
Voucher List
City of Ceres
10/29/2024 3:24:01 PM
Vendor Name Invoice Description Amount
DEC 2026-NOV 2027 LEASE OF CAMERAS IN PARKS 112,911.28
DEC 2024-NOV 2025 LEASE OF CAMERAS IN PARKS 112,911.28
10/16/24 INTELLISITE, LLC
SEMI ANNUAL INSPECTION OF GENERAC AT PD 250.00
Total: 3,235.91
SERVICE ON GENERAC AT PD 1,069.53
REPAIR OF GENERAC FS4 1,916.38
10/16/24 INDUSTRIAL ELECTRICAL CO.
1.06 TONS OF ASPHALT FOR CITY WIDE PATCHING 90.83
1.48 TONS OF ASPHALT FOR CITY WIDE PATCHING 122.55
10/16/24 MARTIN MARIETTA MATERIALS,
SCREWS FOR FACILITIES 176.38
Total: 176.38
10/16/24 MIDWEST MOTOR SUPPLY CO.
DEC 2025-NOV 2026 LEASE OF CAMERAS IN PARKS 112,911.28
Total: 338,733.84
15 GALLONS OF WHITE TRAFFIC PAINT 437.64
Total: 437.64
10/16/24 MODESTO COLOR CENTER
TURF REBATE @ 924 CHARDONNAY 500.00
Total: 500.00
10/16/24 HOWARD & JEANETTE MULLENS
1.56 TONS OF ASPHALT FOR CITY WIDE PATCHING 126.91
Total: 340.29
ULTRASONIC LEVEL TRANSDUCER FOR LIFT STATION 879.66
Total: 879.66
10/16/24 MUNIQUIP, LLC
NOVEMBER, 2024 - RADIO MAINTENANCE 1,407.63
Total: 1,407.63
10/16/24 MOTOROLA SOLUTIONS, INC
VALVE COR,COOLING FAN,BULBS,FILTERS,WIPERS,
BRK PAD
2,144.69
Total: 2,144.69
10/16/24 MOTOR PARTS DISTRIBUTORS
INC
10/29/2024 3:24:01 PM
ATTACHMENT A
ITEM 4
Date
Voucher List
City of Ceres
10/29/2024 3:24:01 PM
Vendor Name Invoice Description Amount
WIPERS / OIL - POLICE EXPLORER 133.06
Total: 688.81
BATTERY 222.35
BATTERY - POLICE CHEVY TAHOE 259.38
BATTERY 128.11
ELECTRICAL RE-SETABLE RELAY 11.91
BATTERIES CORE RFND 4452-413176 -44.00
RETURN -22.00
10/16/24 O'REILLY AUTO PARTS
OIL COOLER / HARDWARE FOR POLICE EXPLORER 226.74
WHEEL HUB - POLICE PATROL EXPLORER 240.89
RETURNED STEERING GEAR PD EXPLORER ORG INV #32675 -1,510.01 WHEEL HUB - POLICE EXPLORER 227.59
10/16/24 PRICE FORD OF TURLOCK, INC.
LITHIUM 123 BATTERIES FOR PATROL RIFLES 85.88
Total: 85.88
10/16/24 ODP BUSINESS SOLUTIONS, LLC
COMPOST PROCUREMNT FOR CALRECYCLE GRANT PROJ 532.78
COMPOST PROCUREMNT FOR CALRECYCLE GRANT PROJ 3, 758.71
10/16/24 RECOLOGY BLOSSOM VALLEY
POLICE DEPT F150 PICKUP REPAIR FROM ACCIDENT 1,717.50
Total: 1,717.50
10/16/24 RAYMOND R. LOPEZ
POLICE DEPT EXPLORER - PARTS FOR ACCIDENT REPAIR 1,150.71 Total: 335.92
Total: 2,000.00
10/16/24 SHARPENING SHOP/SHARP AUTO HAND HELD BLOWER 325.86 Total:
Total: 4,291.49
10/16/24 ROSS-CAMPBELL, INC SB1383 LOCAL ASSISTANCE GRANT EDUCATION/OUTREACH 2, 000.00 325.86
10/29/2024 3:24:01 PM
ATTACHMENT A
ITEM 4
Date
Voucher List
City of Ceres
10/29/2024 3:24:01 PM
Vendor Name Invoice Description Amount
AUG 24 OCHOA PARK IMPROV PH II CONST SVCS FY23/24 132,627.05 Total: 132,627.05
10/16/24 STOCKBRIDGE GENERAL
CONTRACTING, INC
10/16/24 STANTEC CONSULTING
SERVICES INC.
AUG 24 - 2023 SEWER MASTER PLAN RESO23-124 FY23/24 29,176.50 Total: 29,176.50
Total: 462.44
10/16/24 TL ENGINEERING SEPT 24 BIKE LANE CORRIDORS CLASS II CML-5241(074) 4,480.08 WATER PUMP (REFUND) -80.81
AIR / CABIN / OIL / HYDRAULIC FILTERS 543.25
10/16/24 THE PAPE GROUP INC
2023 BACKFLOW TEST ENFORCEMENT FEES 324.00
Total: 324.00
10/16/24 SWRCB ACCOUNTING OFFICE
337.50
10/16/24 U.S. BANK VISA SEPT 24 VISAS 36,741.72
Total: 36,741.72
Total: 4,480.08
10/16/24 TOP DOG POLICE K9 TRAINING SEPTEMBER 2024 K9 TRAINING 337.50 Total:
TRAILER TIRES - PARK TRAILER 175.43
Total: 518.59
TRAILER TIRE 87.71
TIRE REPAIR 255.45
10/16/24 VALLEY TIRE SALES, INC.
STREET SWEEPER BROOMS 4,102.98
Total: 4,102.98
10/16/24 UNITED ROTARY BRUSH
AUG 24 WATER MASTER PLAN RESO23-125 FY23/24 17,102.25
Total: 17,102.25
10/16/24 WEST YOST & ASSOCIATES
10/29/2024 3:24:01 PM
ATTACHMENT A
ITEM 4
Date
Voucher List
City of Ceres
10/29/2024 3:24:01 PM
Vendor Name Invoice Description Amount
7/28-8/24/24 WHITMORE AVE REHAB PROJ STPL(075) 1,810.00 Total: 1,810.00
10/16/24 WESTWOOD PROFESSIONAL
SERVICES
5/12-6/29/24 MOFFETT RD REHAB PROJ AGRMNT /SWR RPL
41,420.23
Total: 41,420.23
10/16/24 WESTWOOD PROFESSIONAL
SERVICES
BUSINESS CARDS: ERIC SOITO 80.20
Total: 80.20
10/16/24 WILLEY PRINTING CO., INC.
FACILITIES 30.99
Total: 30.47
WELL #41 RADIO TOWER RETURN -59.06
ELECTRICAL - STREETS 58.54
10/16/24 WILLE ELECTRIC SUPPLY, INC.
OCT 24 SCADA MANAGED BACKUPS 284.55
Total: 284.55
10/23/24 ADVANCED TECHNOLOGY
SEPT 24 ACA REPORTING FEE 480.48
Total: 480.48
10/23/24 ACCORD SYSTEMS, LLC
9/25 SIGHT GLASS - OIL LEVEL 34.59
Total: 34.59
10/23/24 A & B TRUCK PARTS, INC
24-5 WATER METER REFUND HATCH & MITCHELL RD 2,239.52
Total: 2,239.52
10/23/24 ARB INC.
AERIAL-BUCKET-VAN BATTERY INDICATOR 10.82
Total: 366.93
3 LUBE SWAB/TIRE MACHINE 19.55
PRINTER/SCANNER INK 336.56
10/23/24 AMAZON CAPITAL SERVICES, INC.
10/29/2024 3:24:01 PM
ATTACHMENT A
ITEM 4
Date
Voucher List
City of Ceres
10/29/2024 3:24:01 PM
Vendor Name Invoice Description Amount
SEP 24 PHONE SVCS - SHORETEL 5,014.47
Total: 5,014.47
10/23/24 AT&T
SEP 24 PHONE SVCS CALNET 2,673.58
Total: 2,673.58
10/23/24 AT&T
10/7-16/6/24 FIRE ALARM SVCS - PHONE LINE 31.57
Total: 31.57
10/23/24 AT&T
Total: 29,681.05
10/23/24 AZCO SUPPLY, INC. 3 STREET LIGHT POLES WITH HARDWARE KITS. 8,095.61 SUTA SERVICES FOR TAX QUARTER ENDING 6/30/24 415.32
SUTA SERVICES FOR TAX QUARTER ENDING 6/30/24 29,265.73
10/23/24 AVENU MUNISERVICES
TOWER/AREA SEARCH 95.00
Total: 95.00
10/23/24 AT&T
1,083.87
10/23/24 BEAR ELECTRICAL SOLUTIONS, SEPT 24 TRAFFIC SIGNAL ROUTINE 2,521.00 SEPT 24 TRAFFIC SIGNAL RESPONSE 18,648.75
Total: 8,095.61
10/23/24 BACKFLOW APPARATUS & VALVE BACKFLOW FIRE STATION #3 1,083.87 Total:
ICE PROBE/ WATER LEVEL PROBE/ WATER FILTER 957.23
Total: 3,536.39
Total: 745.20
10/23/24 PARDY BOUNTHAVONG CONDENCER MOTORFAN FAN/ SENSOR 1,838.21 PULL VAC/ PARTS FOR LINE SET 740.95
Total: 21,169.75
10/23/24 CA MILITARY DEPARTMENT C/O CAMP SAN LUIS OBISPO - MEALS 745.20 10/29/2024 3:24:01 PM
ATTACHMENT A
ITEM 4
Date
Voucher List
City of Ceres
10/29/2024 3:24:01 PM
Vendor Name Invoice Description Amount
Total: 1,925.00
10/23/24 CERES BODY SHOP, INC TOW VEHICLE- POLICE K-9 FROM RENO TO CERES 1,200.00 FLAT TIRE 25.00
CAR WASHES FOR P.D. ACCT. 12794 435.00
CAR WASHES FOR P.W. ACCT. 12605 495.00
CAR WASHES FOR P.W. ACCT. 12605 560.00
CAR WASHES FOR P.D. ACCT. 12794 435.00
10/23/24 CAR WASH PARTNERS, INC.
OCT 24 FIBER INTERNET FOR SCADA 360.00
Total: 360.00
10/23/24 CHARTER COMMUNICATIONS
1,225.00
10/23/24 CHARTER COMMUNICATIONS 10/01-31/2024 PD CABLE SVCS 261.03 Total: 261.03
Total:
8/23-9/23/24 WATER SVCS ROW @ RICHLAND AVE 32.76
Total: 32.76
10/23/24 CITY OF MODESTO
OCT 24 FIRE PROTECTION PREVENTION 663,780.46
Total: 663,780.46
10/23/24 CITY OF MODESTO
9/1-10/31/24 INTERNET SVCS FIBER & COPPER 3,157.98
Total: 3,157.98
10/23/24 CHARTER COMMUNICATIONS
AUG 24 FINGERPRINT APPS 160.00
Total: 160.00
10/23/24 DEPT OF JUSTICE ACCOUNTING
SEP METRO SCAN OLINE ACCESS STAN CO DATE, AERIAL 373.00 Total: 373.00
10/23/24 CORELOGIC SOLUTIONS, LLC
AUG 24 WELL 22 GAC TREATMENT PROJ P23-008 2024- 001
126,112.50
AUG 24 WELL 22 GAC TREATMENT PROJ P23-008 2024- 002
126,112.50
10/23/24 CONCO WEST INC.
AUGUST 2024 LIVE SCANS 196.00
Total: 196.00
10/23/24 DEPT OF JUSTICE ACCOUNTING
10/29/2024 3:24:01 PM
ATTACHMENT A
ITEM 4
Date
Voucher List
City of Ceres
10/29/2024 3:24:01 PM
Vendor Name Invoice Description Amount
Total: 16,803.51
10/23/24 EVERGREEN-HATCH & HERNDON WARRANY BOND REFUND 10% - NEC HATCH/HERNDON 23, 636.00 LIFT GATE FOR F250 STREETS DEPT. 4,002.16
WATER DEPT. F350 UTILITY TRUCK BED PURCHASE 12, 801.35
10/23/24 DIAMOND TRUCK BODY MFG, INC.
19.24 SERVICE LINE REPLACEMENT EQUIPMENT 424.86
75.00 10/23/24 FERGUSON US HOLDINGS, INC 6' PIPE & FITTINGS FOR SEWER MAIN LINE REPAIR 475.90 BACKFLOW PARTS FOR CERES YOUTH BASEBALL 2,307.47
CERES YOUTH BASEBALL
Total: 23,636.00
10/23/24 EXPERIAN PRE-EMPLOYMENT CREDIT CHECK 75.00
Total:
Total: 340.82
Total: 5,235.90
10/23/24 FISHER SCIENTIFIC COMPANY, LAB BEAKER WIPES &INSTRAMENT WIPES 328.72 LAB SAMPLE CARBOY 12.10
SERVICE LINE 992.45
HYDRANT REPLACEMENT FROM ACCIDENT 1,015.98
Total: 783.46
MASTER SPRAYER REBUILD KIT TRACTOR/ SPRAYER P.W 412.11
PW SPRAY TRACTOR KABOTA 268.96
PW SPARY TRACTOR PUMP SEAL KIT 84.53
PW SPRAY TRACTOR PUMP BEARING 17.86
10/23/24 GARTON TRACTOR, INC
10/29/2024 3:24:01 PM
ATTACHMENT A
ITEM 4
Date
Voucher List
City of Ceres
10/29/2024 3:24:01 PM
Vendor Name Invoice Description Amount
INFLUENT STUDY 276.00
SEPT 24 WATER SAMPLE ANALYSIS WQP 1,258.95
10/23/24 GEOANALYTICAL LABORATORIES,
INC
INFLUENT STUDY 276.00
SEPT 24 WATER SAMPLE ANALYSIS W22 &41 URANIUM 176.00
Total: 2,806.50
10/23/24 GRISWOLD INDUSTRIES CLA-VALVE REPAIR BLAKER RES. 1,433.75 Total:
SEPT 24 WATER SAMPLE ANALYSIS DIST 13 696.15
SEPT 24 WATER SAMPLE ANALYSIS W28 &38 NITRATE 42.80
SEPT 24 WATER SAMPLE ANALYSIS W39 &40 NITRATE 42.80
SEPT 24 WATER SAMPLE ANALYSIS W16 NITRATE 37.80
FUEL FOR PW 9/16-30/24 ACCT: 76078 9,357.06
FUEL FOR PD 9/16-30/24 ACCT:76081 8,762.85
10/23/24 HUNT & SONS LLC
PICKUP TOOL 0.98
Total: 0.98
10/23/24 HUGHSON FARM SUPPLY
1,433.75
10/23/24 HACH COMPANY INC NITRATAX NITRATE ANALYIZER 3,928.00 Total: 3,928.00
Total: 988.73
10/23/24 IEH-JL ANALYTICAL SERV INC. AUG 24 WATER SAMPLE ANALYSIS W28 &38 HFC 35.00 Total:
Total: 18,119.91
10/23/24 HUNT EQUIPTMENT REPLACED DIESEL HOSE 988.73
SMALLMAINTENANCE MOWER 7,577.22
Total: 7,577.22
10/23/24 DEERE & COMPANY
35.00 10/23/24 INDUSTRIAL ELECTRICAL CO. AERATOR 2-1 MOTOR REPLACEMENT 16,801.28 Total: 16 ,801.28
FRONT ALIGNMENT- FORD K-9 UNIT POLICE VEH
#10234
129.9910/23/24 LES SCHWAB TIRE CENTER
4 YARDS OF BASE ROCK 151.73
Total: 151.73
10/23/24 K & D ENTERPRISES INC.
10/29/2024 3:24:01 PM
ATTACHMENT A
ITEM 4
Date
Voucher List
City of Ceres
10/29/2024 3:24:01 PM
Vendor Name Invoice Description Amount
2.08 TONS OF ASPHALT FOR CITY WIDE PATCHES 167.86
Total: 167.86
10/23/24 MARTIN MARIETTA MATERIALS,
Total: 129.99
J. CHAVEZ: PER DIEM/MILEAGE 24 MNT MGMT SCHOOL 384.94
Total: 384.94
10/23/24 JOSEPH CHAVEZ
CACEO CONFERENCE PER DIEM 236.00
Total: 236.00
10/23/24 CHRIS PERRY
B. TITUS PER-DIEM M&IE EXPENSES FOR 5 DAYS 408.50
Total: 408.50
10/23/24 BOBBY TITUS
VARNI: PER DIEM CACEO CONF 11/11-14/2024 236.00
Total: 236.00
10/23/24 JEFF VARNI
TAYLOR: PER DIEM CACEO CONF 11/11-14/2024 236.00
Total: 236.00
10/23/24 JACK TAYLOR
MARTINEZ: PER DIEM CACEO CONF 11/11-14/2024 236.00
Total: 236.00
10/23/24 ANGELICA MARTINEZ
7/29/24 MARTS FOR PW ADMIN BUILDING 10.00
10/7/24 UNIFORM SERVICES WASTEWATER 54.64
10/7/24 MATS FOR PW ADMIN BUILDING 10.00
10/14/24 MATS FOR PW ADMIN BUILDING 10.00
10/23/24 MISSION LINEN SUPPLY
HUDSON: PER DIEM CACEO CONF 11/11-14/2024 236.00
Total: 236.00
10/23/24 TRAVIS HUDSON
9/30/24 UNIFORM SERVICES PARKS 40.72
10/14/24 UNIFORM SERVICES STREETS 146.87
10/7/24 UNIFORM SERVICES PARKS 40.72
9/23/24 UNIFORM SERVICES STREETS 94.28
9/30/24 UNIFORM SERVICES PARKS 45.78
10/14/24 UNIFORM SERVICES WASTEWATER 54.64
10/7/24 UNIFORM SERVICES STREETS 45.78
9/30/24 UNIFORM SERVICES WASTEWATER 209.13
6/24/24 UNIFORM SERVICES WASTEWATER 74.94
10/29/2024 3:24:01 PM
ATTACHMENT A
ITEM 4
Date
Voucher List
City of Ceres
10/29/2024 3:24:01 PM
Vendor Name Invoice Description Amount
9/16/24 UNIFORM SERVICES PARKS 52.42
10/14/24 UNIFORM SERVICES FACILITIES 32.88
10/7/24 UNIFORM SERVICES WATER 62.80
9/30/24 UNIFORM SERVICES FACILITIES 32.88
10/7/24 UNIFORM SERVICES FACILITIES 32.88
10/7/24 UNIFORM SERVICES FLEET 28.70
10/14/24 UNIFORM SERVICES FLEET 28.70
10/14/24 UNIFORM SERVICES PARKS 40.72
6/3/24 UNIFORM SERVICES PARKS 52.42
PRIOR FY INVOICE SHOP TOWELS PARKS 88.76
7/08/24 UNIFORM SERVICES PARKS 41.80
Total: 631.91
Total: 1,458.06
10/23/24 MODESTO BATTERY COMPANY & STANDBY GENEATOR BATTERY & CLEANER/PRTECTOR 503.72 BATTREY FOR STREET SWEEPER VACUUM 128.19
9/30/24 UNIFORM SERVICES WATER 62.80
10/14/24 UNIFORM SERVICES WATER 62.80
SEP 24 GAS SVCS 890.47
Total: 890.47
10/23/24 PACIFIC GAS & ELECTRIC
CL2-WELL #41 1,121.60
Total: 3,124.95
CL2-WELL #34 LIONS PARK 1,107.81
CL2-WELL 39 &40 895.54
10/23/24 NORTHSTAR CHEMICAL
REPAIR COMPRESSOR AND BELT FOR PD 619.29
Total: 867.26
NUT FOR EXHAUST 6.91
WATER PUMP, RADIAT0R REPLACEMENT POLICE UNIT 110 241.06 10/23/24 PRICE FORD OF TURLOCK, INC.
SCREEN BRUSH 4,616.42
Total: 4,616.42
10/23/24 PARKSON CORPORATION
ALLEN BRADLEY SUBSCRIPTION 613.00
Total: 613.00
10/23/24 PTC INC.
TEMP SVCS SECRETARY WE 10/5/24 (J.JIMENEZ) 839.04
Total: 839.04
10/23/24 PRIDESTAFF, INC
10/29/2024 3:24:01 PM
ATTACHMENT A
ITEM 4
Date
Voucher List
City of Ceres
10/29/2024 3:24:01 PM
Vendor Name Invoice Description Amount
BALL FIELD LIGHTS - REPLACEMENT 945.00
Total: 945.00
10/23/24 RAY'S RADIO SHOP INC.
COMPOST PROCUREMNT FOR CALRECYCLE GRANT PROJ 190.67
COMPOST PROCUREMNT FOR CALRECYCLE GRANT PROJ 3, 413.43
COMPOST PROCUREMNT FOR CALRECYCLE GRANT PROJ 1, 039.03
COMPOST PROCUREMNT FOR CALRECYCLE GRANT PROJ 517.80
10/23/24 RECOLOGY BLOSSOM VALLEY
SAW KIT 356.86
Total: 356.86
10/23/24 RAYCO INDUSTRIAL SUPPLY INC
Total: 34.07
10/23/24 SNAP-ON INCORPORATED REPLACE AIR IMPACT GENERATOR - FLEET 489.70 Total:
Total: 5,160.93
10/23/24 SAFE T LITE OF MODESTO INC RUBBER GLOVES FOR SERVICE TRUCK 34.07 WATER RECLAMATION FACILITY (FA0001815) 312.00
EQUIPTMENT SERVICES FA0002188 1,177.00
10/23/24 STANISLAUS COUNTY DEPT OF
489.70
10/23/24 SNS AUTOMATION OCT 24 SCADA SYSTEM INTEGRATION -1 7,590.00 Total: 7,590.00
BUSNIESS PLAN FEE/CUPA WELL #14 FA0000038 286.00
BUSNIESS PLAN FEE/CUPA WELL #28 FA0000043 312.00
BUSNIESS PLAN FEE/CUPA EASTGATE WELL FA0000287 286.00
BUSNIESS PLAN FEE/CUPA WELL #22 FA0000286 286.00
BUSNIESS PLAN FEE/CUPA WELL #34 FA0000041 286.00
BUSNIESS PLAN FEE/CUPA GARRISON WELL FA0000243 286.00
BUSNIESS PLAN FEE/CUPA WELL #35 FA0000039 286.00
BUSNIESS PLAN FEE/CUPA WELL #16 FA0000040 286.00
BUSNIESS PLAN FEE/CUPA BLAKER WELL FA0000027 286.00
BUSNIESS PLAN FEE/CUPA WELL #21 FA0000033 286.00
Total: 5,519.00
BUSINESS PLAN FEE/CUPA WELL#41 FA0002590 286.00
BUSINESS PLAN FEE/CUPA WELL #23 FA0001688 286.00
BUSNIESS PLAN FEE/CUPA WELL #27 FA0000042 286.00
BUSINESS PLAN FEE/CUPA WELL#42 FAC00421 286.00
10/29/2024 3:24:01 PM
ATTACHMENT A
ITEM 4
Date
Voucher List
City of Ceres
10/29/2024 3:24:01 PM
Vendor Name Invoice Description Amount
10/23/24 STANISLAUS COUNTY SHERIFF'S STOP/EVOC INSTRUCTOR'S COURSE - PINON 300.00 STOP INSTRUCTOR'S COURSE - PINON 546.00
15 GAL OF TRAFFIC PAINT 448.78
Total: 448.78
10/23/24 THE SHERWIN-WILLIAMS CO.
WWTP WEED ABATEMENT 1,843.35
Total: 1,843.35
10/23/24 RENTOKIL NORTH AMERICA INC
846.00
10/23/24 STANISLAUS FOUNDATION OCT 24 DENTAL CLAIMS 2, 373.40 Total: 2,373.40
Total:
12 TIRES FOR POLICE STOCK 1,672.37
Total: 1,672.37
10/23/24 VALLEY TIRE SALES, INC.
OCT 24 CH,ANNEX,FIN,PW,REC,WWTP,WTR DEPT 3,688.35
Total: 3,688.35
10/23/24 UBEO WEST LLC
SHARE OF COST FOR STORMDRAIN LINE REPAIR 13,487.37
Total: 13,487.37
10/23/24 TURLOCK IRRIGATION DISTRICT
1,784,182.62134 Vouchers in this report Total vouchers:
COPPER TRAILS MASTER PLAN-PROF.SVS. SEPT. 2024 10,243.28 Total: 10,243.28
10/23/24 WOOD RODGERS, INC.
SEPT 24 PHONE SVCS 3,240.76
Total: 3,240.76
10/23/24 VERIZON WIRELESS
10/29/2024 3:24:01 PM
ATTACHMENT A
ITEM 4
Vendor: US BANK VISA
Check No.: 131259
Check Date: 10/16/2024
Invoice No.: SEP 24 VISAS
Invoice Descritpion: SEPT 24 VISA
CARD HOLDER CHARGE DESCRIPTION TOTAL
KEVIN HALEY EXTENTION CORDS, CABLE TIES, SOAP, SPONGES, CHARGER 415.45 SCOTT KEYS HI-AMP FUSE HOLDER 75.86
VERONICA GONZALEZ SAFETY BOOT ALLOWANCE - MIA TANDOC, OFFICE SUPPLIES 236.95
SHAWN WALKER
CHAIN LINK FENCE MATERIAL FOR MITCHELL BRIDGE FENCE REPAIR, PALLET OF CONCRETE BAGS FOR FUTURE JOBS - STREETS DEPARTMENT, PARTS FOR VACCOON TRUCK STORMWATER 478.23
MATTHEW WILLIAMS
PAINT, PAPER, TAPE, PRIMER AND TAPE, SANDING POLE, ROLLER COVER, ACROBAT PRO SUBCRIPTION, REPLACEMENT EXTERIOR LIGHTS,
POSTAGE FOR OIT CERT, WIRE NUTS, GAP FILLER, DOOR BUMPER, OIT CERT, APPLICATION, STATE FEE, POSTAGE FOR CERT, RUBBER BOOTS
FOR SANTANA, WASTEWATER COURSES, SAFETY BOOTS FOR SANTANA, LOG BOOK, PENCILES, PAPER, STAPLES, MEMBERSHIP ORGANIZATIONS 3,551.84
JONATHAN FREDERICK
REPLACEMENT HARD DRIVES FOR NETWORK STORAGE 1, WATCHGUARD FIREBOX T25 FIREWALL FOR TRAFFIC CONTROL CENTER, REPLACEMENT HARD DRIVES FOR NETWORK STORAGE 2, PEN TABLET FOR IT MANAGER PROF. DEVEL., USB AND SD FLASH MEMORY AND
TABLET CASE FOR IT, USB AND SD FLASH CARDS AND TABLET CASE FOR IT, REPLACEMENT REMOTE FOR AUDIO/VIDEO SWITCH DEVICE, REPLACEMENT WIRELESS MOUSE FOR CM 3,155.46
HANK UNRUH
WASP SPRAY, SIGN BARCODES, CONCRETE STAKES, NAILS, SCREWS, AIR COMPRESSOR FITTINGS, KEYS MADE (LARGE LIFT TRUCK), POST HOLE DIGGER, SCREWS, STORAGE CONTAINER, CRANE TRAINING LODGING, AIR FILTER COMB CLEANER 2,534.58 TRAVIS HUDSON CODE CONFERENCE TUITION FOR ANGIE MARTINEZ, CODE CONFERENCE TUITION FOR JACK TAYLOR 1,240.00
MARK ANDERSON
SERVER CABLES (8) PHONE CHARGERS (3) KEYBOARDS (10), SERVER CABLES (8) PHONE CHARGERS (3) KEYBOARDS (10), SERVER CABLES (8) PHONE CHARGERS (3) KEYBOARDS (10), COMPUTER HARD DRIVES (10), REPLACEMENT PRINTER 1,495.03
JOHN THOMAS
DECK SCREWS, DECKMATE, 2 PLYWOOD, SEALANT, EASY STREET PATCH, WORK BOOTS FOR JONATHAN THOMAS, KNEELING PAD, HAND TOWEL, HOSE 100 FT, BRUSH, SPRAY BOTTLE, WEBBER, GOLDEN SCOOP 960.96 DYLAN W PALECEK OFFICE WATER - WATER DEPT, OFFICE WATER - PW, 9/1-30/24 GPS TRACKING FOR STREET SWEEPERS & WTR CONSERVATION VEHICLE 384.60 BRYAN N FERREIRA Quad Lock Motorcycle Phone Holder, CARSEAT TECH UPDATE SCHOOL FOR OFFICER CHRIM 187.09
AMERICO R CASTANEDA
GATE HINGE/PD, BRICKFACE/LH, SHIPPING/FACILITIES, GATE PARTS/RVBL, TOOL/ FACILITIES, HD GATE HINGES/PD, DUST POLE/CUSTODIAL, GATE HINGE/CREDIT RETURN, DEGREASER/RVBL, CEILING TILE/FS 3, COVE BASE ADHESIVE/ANNEX, MOPHEADS/FLEET 720.36 DIRK NIEUWENHUIS PUBLIC RELATIONS TEAM CLOUD STORAGE 9.99 MICHAEL VIERRA FUEL FOR SWAT DUALLY DURING TRAINING 136.75
TONI CORDELL
CERES COURIER SUBSCRIPTION, GARBAGE BAGS FOR LITTER ABATEMENT-CODE ENF./ BEV, CONT. LITTER ABATMENT GRANT, EMPLOYEE APPREATION /SAFETY LUNCHEON SUPPLIES, CLIPBOARDS FOR SAFETY PROGRAM-EVAC. PROCED., EMPLOYEE APPRECIATION/SAFETY
LUNCHEON SUPPLIES, EMPLOYEE APPRECIATION/SAFETY LUNCHEON SUPPLIES, EMPLOYEE APPRECIATION/SAFETY LUNCHEON SUPPLIES, FOR FOR EMPLOYEE APPRECIATION/SAFETY LUNCHEON SUPPLIES 1,159.08 JOSEPH CHAVEZ SENIOR PROGRAM 173.29
ANN M MONTGOMERY POSTAGE TO MAIL HOUSING ELEMENT TO HCD 11.55 AARON R OJEDA-MORENO PAIN ROLLER FRAME, WINDSEILD WIPERS, CABLE TIES, & STAKES 382.39
ATTACHMENT A
ITEM 4
CRISTINA AGUILAR
8/22-8/22/24 ZOOM MEMBERSHIP SUBSCRIPTION, C.AGUILAR: IIMC 2024 ANNUAL SUBSCRIPTION DEPUTY CITY CLERK, C.AGUILAR: REG FEE FOR LCC NEW LAW CONFERENCE 12/11-13/2024, 9/22-9/22/24 ZOOM MEMBERSHIP SUBSCRIPTION 757.40
FALLON MARTIN
COUNCIL MEETING SNACKS & BATTERIES, NEW LAW REGISTRATION, CM/CEO MONTHLY LUNCH MEETING, OFFICE SUPPLIES, GRAND OPENING SUPPLIES, OFFICE SUPPLIES, OFFICE SUPPLIES, OFFICE SUPPLIES, D.DUNFORD - PROFESSIONAL DEVELOPMENT 2,087.50
MATTHEW SCOTT
EPOXY FOR REPAIRS ON AERATOR, WINDSHIELD WIPER PIPE TRUCK, PIPE & FITTINGS FOR WWTP SCREEN, FITTINGS FOR WWTP SCREEN, AIR FITTER FOR LAWN MOWER, RATCHET & ADAPTER, SCALE REMOVER & PAINT, TAPE AND PIPE CUTTER 240.22
ANGELICA HERNANDEZ
REFRESHMENTS FOR ORAL PANEL, DINNER FOR ORAL PANEL, SNACKS FOR LCW TRAINING, SNACKS FOR LCW TRAINING, TOLL FEE FOR D.VASQUEZ TRAVEL TO CALAPRA, SUPPLIES FOR LCW TRAINING 977.20 ROBIN R EVANS FORKLIFT VALVE & MALE CONN., UTILITY BODY LATCH & LOCK, BATTERY 592.11 DOUGLAS DUNFORD OFFSITE MEETING LUNCH 40.49
RICHARD SUFFECOOL SAFETY WORK BOOTS (JASON), SAW BLADES FOR WORK TRUCK, SAND PAPER FOR VAC-CON 276.85 ABRAHAM OCHOA JR COOLER PUMP / COSTA FIELD, DYNAFLEX ULTRA / FACILITIES SHOP, BIT SET / COMMUNITY CENTER 112.31
JOSHUA CASAS
WATER TREATMENT OPERATOR COURSE - JEFFREY ARNOLD, ADAPTER CABLE FOR IPAD. STYLUS PEN FOR IPAD, EZ STREET PATCHING MATERIALS, EZ STREET PATCHING MATERIALS TAXES, MISTAKEN PURCHASE. REIMBURSEMENT PAID TO THE CITY ON 10/1/2024 1,498.70 ELYSE DAVIS-CAPOEMAN CHAIRMAT FOR PW SUPERINTENDENT 51.68
JESSICA PULLIAM
TRUNK OR TREAT RAFFLE PRIZE, TRUNK OR TREAT EVENT CANDY, TRUNK OR TREAT RAFFLE PRIZE, TRUNK OR TREAT SUPPLIES, TRUNK OR TREAT RAFFLE PRIZE, TRUNK OR TREAT SUPPLIES, COOKING CLASS SUPPLIES, OFFICE SUPPLIES, TRUNK OR TREAT CANDY 1,470.95
MICHAEL ESTACIO
REBAR FOR 1784 SOMERSBY SIDEWALK REPAIR, HYDRANT ENCLOSURE SWEEPER WASHOUT, TRUCK STOCK - CONSTRUCTION SCREWS, FENCE REPAIR MITCHELL BRIDGE 376.10
MARCY PEDERSON
SEARCH TOOL FOR INVESTIGATIONS, CLEANING SUPPLIES FOR DISPATCH, CLEANING SUPPLIES FOR DISPATCH, AWARDS FOR AWARDS CEREMONY, FTO CHEVRONS, RETURN STOLEN GUN TO DALLAS PD 882.06
ELLEN EDMONDSON
CHORE BOOTS FOR MIGUEL & OMAR, ROOF PANELS, 2" X 2" FLASHING, REFUND / ROOF PANELS WORG LENGTH, HOSE / SMALL VAC/ BATTERY / SPRAY NOZZLE/ FAN 1,030.15
AL BURKETT 2 BOTTLES OF HAND SANITIZER, WORK BOOTS FOR VINCE AYALA, TRASH PICKUP TOOL FOR PART TIME CODE / STREETS EMPLOYEE 116.43
KENNETH E VAUGHN
WORK BOOTS FOR KENNY VAUGHN, CAMERAS FOR SMYRNA PARK, PRINTER INK FOR SMYRNA, CONCRETE MIX FOR SIGNS AT WHITMORE PARK 401.56
JOHNNY CARRILLO
FRUIT FLY DRAIN TREATMENT-PD, CUSTODIAL SUPPLIES, BOOTS FOR RICHARD, LIGHT FIXTURES FOR WHITMORE HOUSE, EXHAUST FANS - FLEET RR, BOOTS FOR JC, EXHAUST FAN MOTOR - F/S #17, BOOTS FOR MIKE, BOOTS FOR ROBERTO, ANCORS - PD 1,725.82
SHAWN W HESS
OFFICE ROOF PATCH, OFFICE ROOF REPAIR TAPE, OFFICE BLINDS, PAD LOCKS CREDIT, HARD HATS X5, HARD HATS X6, WALL SIGN, IPHONE
SCREEN PROTECTOR, CLOCK AND ENVELOPES, PAD LOCKS, FLAG, THERMOSTAT, PRIMER, AND PAINT SUPPLIES, PAINT, PRIMER, BUCKET, APPLICATOR LICENSE, FURNITURE CLEANER, CLOTH & SPONGE, WASTE WATER GRADE 1 EXAM, WATER BOARD FEE, CABLE CORD MANAGMENT, OFFICE BLINDS 1,982.88
CRYSTEL AGUILAR
PROGRAMMING AND SUPPLIES FOR BUILDING, SENIOR EVENT, SENIOR PROGRAMMING, TRUNK OR TREAT ITEM, SENIOR EVENT, SENIOR EVENT, SENIOR EVENT 211.31
BOBBY TITUS WORK BOOTS, SENSOR, MAGNET, PLASTIC CAP, GASKET/ VALVE TRUCK 694.68
ROBERT HERRINGTON
WORK BOOTS FOR ROB H., GRAFFITI REMOVER IN AEROSOL CAN FOR ALL PARKS, 120' OF 1' PVC PIPE TO IRRIGATION REPAIRS, METAL AND LATCHES FOR OCHOA PARK SIGNS, CONCRETE FOR PARK SIGNS AT OCHOA PARK, OXYGEN AND ACETYLENE GAS FOR CUTTING TOURCHES 603.76
ATTACHMENT A
ITEM 4
CHRISTOPHER PERRY C.PERRY: PROFESSIONAL DEVELOPMENT - CODE ENFORCEMENT CONFERENCE, VISTA PRINT CARD SET UP FEE. 525.42 RENEE HOWERTON JUMBO EVIDENCE BAGS 130.14
JEFFREY VARNI CONFERENCE REGISTRATION 620.00
DELILAH VASQUEZ COMPANY CAR GAS REIMBURSEMENT FOR CALAPRS TRAINING 08.27.24 51.43 JEFFERY GODFREY FBI LEEDA - LEADERSHIP DEVELOPMENT, WHITEBOARD MAGNETS, WHITEBOARD 1,016.03 JULIO AMADOR 2024 WSPCA WORKING DOG CONFERENCE ADMISSION 750.00 TAMMIE JOHNSON DISPATCH NAME LOCKER PLAQUES 44.60
SONIA LEDEZMA UPS MAILING SERVICES 43.50
SAMIR ROYAL PW DIRECTOR FORD LIGHTING EV CHARGING 56.61 TRENTON JOHNSON FAST CHARGE CELL PHONE CHARGERS FOR DISPATCH STATIONS TO ENSURE THE DISPATCH CEL 64.37 Grand Total 36,741.72
ATTACHMENT A
ITEM 4
COUNCIL AGENDA REPORT
CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: November 12, 2024
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Fallon Martin, City Clerk
[email protected], (209) 538-5731
SUBJECT:
Consideration to Cancel the Regularly Scheduled City Council Meeting of December 23, 2024
RECOMMENDED COUNCIL ACTION:
By minute order, cancel the second regularly scheduled City Council meeting of December 23 , 2024.
I. BACKGROUND:
Section 2.02.010 of the Ceres Municipal Code specifies the regular meetings of the City Council shall be held on the second and fourth Monday of each month at 6:00 p.m. in the Ceres City Council Chambers.
The second regular meeting in December typically falls near the Christmas holiday and has traditionally been canceled due to the holiday season and potential lack of a quorum as well as to avoid public criticism of conducting business during a time in which people are away from the City or focused on other matters. This year, the second regularly scheduled meeting in December falls on Christmas day, which is observed as a holiday.
Cancellation of this meeting requires an affirmative vote of the City Council. The next regular scheduled City Council meeting will be held on Monday, January 13, 202 5.
Should a meeting be necessary before January 13, 2025, a special meeting can be called which requires a 24-hour notice with posting the agenda.
II. REASONS FOR RECOMMENDATION:
The second regularly scheduled City Council meeting in December 2024 falls on the week of the Christmas holiday, a time in which many take off work to be with family.
ITEM 5
III. FISCAL IMPACTS:
There are no fiscal impacts associated with this item.
IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:
N/A
V. POLICY ALTERNATIVES:
N/A
VI. INTERDEPARTMENTAL COORDINATION:
N/A
VII. PUBLIC PARTICIPATION:
N/A
VIII. ENVIRONMENTAL REVIEW:
N/A
IX. STEPS FOLLOWING APPROVAL:
The City Clerk will post a Notice of Cancellation as prescribed by law, in the locations required by the City of Ceres on the Affidavit of Posting and the City website.
Approved by: ____________________
Douglas D. Dunford,
City Manager
ITEM 5
COUNCIL AGENDA REPORT
CITY COUNCIL
Javier Lopez, Mayor
James
Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
ME
ETING DATE: November 12, 2024
TO: M
ayor and City Council
FR
OM: Douglas D. Dunford, City Manager
CONT
ACT: Fallon Martin, City Clerk
fal
[email protected], (209) 538-57 31
SUBJ
ECT: Resolution No. 202 4-XXX, Rescinding Resolution No. 202 2-144 and Adopting an Amended Conflict of Interest Code for the City of Ceres to Update the List of Designated Employees and Disclosure Categories for Filing of the Fair Political Practices Commission (FPPC) Statement of Economic Interests Form 700
RECOMMENDED COUNCIL ACTION:
St
aff recommends Council approve the resolution amending the Conflict of Interest Code to reflect changes in the organization.
I. BACKGROUND:
Pur
suant to Government Code Section 87300 et seq., every agency shall adopt a Conflict of Interest Code to include specific enumeration of positions (designated employees) within the agency which involve the making, or participation in the making, of gover nmental decisions which may foreseeably have a material effect on any specified financial interest.
A
Conflict of Interest Code must reflect the current structure of the organization and tell public officials, governmental employees, and consultants what financial interests they must disclose on their Fair Political Practices Commission (FPPC) Statement of Economic Interests Form 700. Additionally, a Conflict of Interest Code helps to provide transparency in local government agencies as required under the Political Reform Act.
The P
olitical Reform Act requires every local government agency to review its Conflict of Interest Code biennially. If amendments to an agency’s Conflict of Interest Code are necessary, the amended code must be approved by the code reviewing body before becoming effective. The Ceres City Council i s the code reviewing body for the City of Ceres.
ITEM 6
The current Conflict of Interest Code was last adopted by the City Council under Resolution No. 2022-144 at the November 28, 2022 City Council meeting. Staff has determined that amendments to the current Conflict of Interest Code are necessary, of which those amendments are outlined in Attachment 3.
II. RE ASONS FOR RECOMMENDATION:
Staff’s recommended updates are based on the requirements of California Government Code Section 87300 et seq. where a personal financial interest may potentially be affected through an employee’s decision-making capacity.
III. F
ISCAL IMPACTS :
There are no fiscal impacts associated with the recommended action.
IV. E
XISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN :
This item is consistent with the City of Ceres’ Government Operations Strategic Goal to update the City’s administrative codes, policies and procedures to ensure proper administration of the organization and effective achievement of Council priorities.
V. P
OLICY ALTERNATIVES :
Council could choose not to approve the proposed changes and leave the Conflict of Interest Code as is. This alternative is not recommended as accurate disclosure is necessary to monitor conflicts of interest.
VI. I
NTERDEPARTMENTAL COORDINATION:
N/A
VII. P
UBLIC PARTICIPATION:
N/A
VIII. EN
VIRONMENTAL REVIEW :
N/A
IX. ST
EPS FOLLOWING APPROVAL :
The Conflict of Interest Code shall be filed and maintained in the Office of the City Clerk of the City of Ceres and all designated employees shall file the required Statement of Economic Interests Form 700 with the City Clerk.
Approved by: _____________________
Douglas D. Dunford,
City Manager
ITEM 6
Attachments:
1. Attachment A – Resolution
2. Attachment B – Declaration of the City Manager
3. Attachment C – 2024 Conflict of Interest Code for the City of Ceres
ITEM 6
ITEM 6
ATTACHMENT A
RESOLUTION NO. 2024-XXX
RESCINDING RESOLUTION NO. 2022-144 AND ADOPTING AN
AMENDED CONFLICT OF INTEREST CODE FOR THE CITY OF
CERES TO UPDATE THE LIST OF DESIGNATED EMPLOYEES AND
DISCLOSURE CATEGORIES FOR FILING OF THE FAIR POLITICAL
PRACTICES COMMISSION (FPPC) STATEMENT OF ECONOMIC
INTERESTS FORM 700
THE CITY COUNCIL
City of Ceres
WHEREAS, pursuant to California Government Code Section 87300 et seq., every agency shall adopt a Conflict of Interest Code to include specific enumeration of positions (designated employees) within the agency which involve the making or participation in the making of governmental decisions which may foreseeably have a material effect on any financial interest and for each enumerated position affect the employee's financial interests the specific types of investments, business positions, interests in real property, and sources of income which are reportable; and
WHEREAS, a Conflict of Interest Code must reflect the current structure of the organization and tell public officials, governmental employees, and consultants what financial interests they must disclose on their Fair Political Practices Commission (FPPC) Statement of Economic Interests Form 700; and
WHEREAS, the Political Reform Act requires every local government agency to review its Conflict of Interest Code biennially. If amendments to an agency's Conflict of Interest Code are necessary, the amended code must be approved by the code reviewing body before becoming effective; and
WHEREAS, the Ceres City Council is the code reviewing body for the City of Ceres; and
WHEREAS, the current Conflict of Interest Code was adopted by the City Council under Resolution N o. 2022-144 at the November 28, 20 22 City Council meeting. Staff has determined that amendments to the current Conflict of Interest Code are necessary of which those amendments are outlined in Appendix A to this Resolution.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby rescind Resolution No. 2022-144 and adopt an amended Conflict of Interest Code for the City of Ceres to update the list of designated employees and disclosure categories for filing of the Fair Political Practices Commission (FPPC) Statement of Economic Interests Form 700.
BE IT FURTHER RESOLVED that City of Ceres designated employees shall file their Statement of Economic Interests Form 700 with the Office of the City Clerk who will retain the statements and make them available for public inspection and reproduction pursuant to California Government Code Section 81008.
ITEM 6
ATTACHMENT A
PASSED AND ADOPTED by the Ceres City Council at a special meeting thereof held on the 12th day of November 2024, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
________________________________
Javier Lopez, Mayor
ATTEST:
________________________________
Fallon Martin, City Clerk
ITEM 6
ATTACHMENT B
DECLARATION OF THE CITY MANAGER
The proposed Conflict of Interest Code specifically enumerates each of the positions within the City that involve making or participation in the making of decisions that may foreseeably have a material financial effect on any financial interest. The City has satisfied all of the requirements of Title 2, Division 6 of the California Code of Regulations Section 18750.1 (c) preliminary to approval of the proposed code.
________________________________ ________________
Douglas D. Dunford, City Manager Date
ITEM 6
ITEM 6
The Political Reform Act, Government Code Section 8100, et seq., requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Pra ctices Commission has adopted Title 2, Division 6 , California Code of Regulations §18730. Provisions of Conflict of Interest Codes; which contains the terms of a standard conflict of interest code. It can be incorporated by reference and may be amended by the Fair Political Practices Commission after pu blic notice and hearings to conform to amendments in the Political Reform Act. Title 2, Division 6, California Code of Regulations §18730 (Attachment A) and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporat ed by reference, and along with the attached Appendix in which members and employees are designated and disclosure categories are set forth, constitute the conflict of interest code of the City of Ceres.
Designated employees shall file Statements of Econo mic Interests with the City Clerk.
City of Ceres
Conflict of Interest Code
ATTACHMENT C
APPENDIX A
ITEM 6
2 1. Persons in this category must disclose all investments and business positions in business entities, sources of income, and interests in real property within the City of Ceres or its sphere of influence.
2. Investments and business positions in business entities and income from sources which provide services, supplies, materials, machinery or equipment of the type utilized by the City.
3. Investments and business positions in business entiti es and income from sources which provide services, supplies, materials, machinery or equipment of the type utilized by the City, and interests in real property within the City of Ceres or its sphere of influence. * Consultants shall be included in the lis t of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitation:
The City Manager may determine in writing that a particular consultant, although a “designated position,” is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant’s duties and, based upon tha t description, a statement of the extent of disclosure requirements. The City Manager’s determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code.
City of Ceres
2024 Conflict of Interest Code
Appendix of Disclosure Categories
ATTACHMENT C
APPENDIX A
ITEM 6
City of Ceres
2024 Conflict of Interest Code
Appendix of Designated Positions
Department Assigned Disclosure
City Manager’s Office
• City Manager 1
• City Clerk 2
• Deputy City Clerk 2
Community Development
• Community Development Director 1
• Redevelopment/Economic Development Manager 1
• Senior Planner 2
• Building Permit Technician 2
Finance
• Finance Director 1
• Deputy Finance Director 1
• Revenue and Customer Service Supervisor 2
Information Technology
• Information Technology Manager 1
Human Resources
• Human Resources Director 1
Public Works
• Public Works Director 1
• Deputy Public Works Director 1
• Fleet Services Supervisor 2
• Facilities Maintenance Supervisor 2
• Landscape Maintenance Supervisor 2
• Street Maintenance Supervisor 2
• Wastewater Systems Supervisor 2
• Water Distribution Supervisor 2
• Public Works Superintendent 2
Engineering Services
• Engineering Services Director/City Engineer 1
• Assistant City Engineer 2
ATTACHMENT C
APPENDIX A
ITEM 6
Fire
• Fire Chief 1
• Assistant Chief 1
• Deputy Chief 1
• Battalion Chiefs 2
Police
• Police Chief 1
• Police Captain 1
• Lieutenants 2
• Dispatch Supervisor 2
Recreation
• Recreation Manager 1
• Recreation Supervisor 2
ATTACHMENT C
APPENDIX A
ITEM 6
1 (Regulations of the Fair Political Practices Commission, Title 2, Division 6, California Code of Regulations)
§ 18730. Provisions of Conflict of Interest Codes.
(a) Incorporation by reference of the terms of this regulation along with the designation of employees and the formulation of disclosure categories in the Appendix referred to below constitute the adoption and promulgation of a conflict of interest code within the meaning of Section 87300 or the amendment of a conflict of interest code within the meaning of Section 87306 if the terms of this regulation are substituted for terms of a conflict of interest code already in effect. A code so amended or adopted and promulgated requires the reporting of reportable items in a manner substantially equivalent to the requirements of article 2 of chapter 7 of the Political Reform Act, Sections 81000, et seq. The requirements of a conflict of interest code are in addition to other requirements of the Political Reform Act, such as the general prohibition against conflicts of interest contained in Section 87100, and to other state or local laws pertaining to conflicts of interest.
(b) The terms of a conflict of interest code amended or adopted and promulgated pursuant to this regulation are as follows:
(1) Section 1. Definitions.
The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission (Regulations 18110, et seq.),
and any amendments to the Act or
regulations, are incorporated by reference into this conflict of interest code. (2) Section 2. Designated Employees. The persons holding positions listed in the Appendix are designated employees. It has been determined that these persons make or
ATTACHMENT C
APPENDIX A
ITEM 6
2 participate in the making of decisions which may foreseeably have a material effect on economic interests.
(3) Section 3. Disclosure Categories.
This code does not establish any disclosure obligation for those designated employees who are also specified in Section 87200 if they are designated in this code in that same capacity or if the geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction in which those persons must report their economic interests pursuant to article 2 of chapter 7 of the Political Reform Act, Sections 87200, et seq.
In addition, this code does not establish any disclosure obligation for any designated employees who are designated in a conflict of interest code for another agency, if all of the following apply:
(A) The geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction of the other agency;
(B) The disclosure assigned in the code of the other agency is the same as that required under article 2 of chapter 7 of the Political Reform Act, Section 87200; and (C) The filing officer is the same for both agencies. [FN1] Such persons are covered by this code for disqualification purposes only. With respect to all other designated employees, the disclosure categories set forth in the Appendix specify which kinds of economic interests are reportable. Such a designated employee shall disclose in the employee's statement of economic interests those economic interests the employee has which are of the kind described in the disclosure categories to which the employee is assigned in the Appendix. It has been determined that the economic interests set forth in a designated employee's disclosure categories are the kinds of economic interests which the employee foreseeably can affect materially through the conduct of the employee's office.
ATTACHMENT C
APPENDIX A
ITEM 6
3 (4) Section 4. Statements of Economic Interests: Place of Filing.
The code reviewing body shall instruct all designated employees within its code to file statements of economic interests with the agency or with the code reviewing body, as provided by the code reviewing body in the agency's conflict of interest code. [FN2] (5) Section 5. Statements of Economic Interests: Time of Filing. (A) Initial Statements. All designated employees employed by the agency on the effective date of this code, as originally adopted, promulgated and approved by the code reviewing body, shall file statements within 30 days after the effective date of this code. Thereafter, each person already in a position when it is designated by an amendment to this code shall file an initial statement within 30 days after the effective date of the amendment. (B) Assuming Office Statements. All persons assuming designated positions after the effective date of this code shall file statements within 30 days after assuming the designated positions, or if subject to State Senate confirmation, 30 days after being nominated or appointed. (C) Annual Statements. All designated employees shall file statements no later than April
1. If a person reports for military service as defined in the Servicemember's Civil Relief Act, the deadline for the annual statement of economic interests is 30 days following the person's return to office, provided the person, or someone authorized to represent the person's interests, notifies the filing officer in writing prior to the applicable filing deadline that the person is subject to that federal statute and is unable to meet the applicable deadline, and provides the filing officer verification of the person's military status.
(D) Leaving Office Statements. All persons who leave designated positions shall file statements within 30 days after leaving office.
(5.5) Section 5.5. Statements for Persons Who Resign Prior to Assuming Office.
ATTACHMENT C
APPENDIX A
ITEM 6
4 Any person who resigns within 12 months of initial appointment, or within 30 days of the date of notice provided by the filing officer to file an assuming office statement, is not deemed to have assumed office or left office, provided the person did not make or participate in the making of, or use the person's position to influence any decision and did not receive or become entitled to receive any form of payment as a result of the person's appointment. Such persons shall not file either an assuming or leaving office statement.
(A) Any person who resigns a position within 30 days of the date of a notice from the filing officer shall do both of the following:
(1) File a written resignation with the appointing power; and (2) File a written statement with the filing officer declaring under penalty of perjury that during the period between appointment and resignation the person did not make, participate in the making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. (6) Section 6. Contents of and Period Covered by Statements of Economic Interests. (A) Contents of Initial Statements.
Initial statements shall disclose any reportable investments, interests in real property and business positions held on the effective date of the code and income received during the 12 months prior to the effective date of the code.
(B) Contents of Assuming Office Statements.
Assuming office statements shall disclose any reportable investments, interests in real property and business positions held on the date of assuming office or, if subject to State Senate confirmation or appointment, on the date of nomination, and income received during the 12
ATTACHMENT C
APPENDIX A
ITEM 6
5 months prior to the date of assuming office or the date of being appointed or nominated, respectively.
(C) Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real property, income and business positions held or received during the previous calendar year provided, however, that the period covered by an employee's first annual statement shall begin on the effective date of the code or the date of assuming office whichever is later, or for a board or commission member subject to Section 87302.6, the day after the closing date of the most recent statement filed by the member pursuant to Regulation 18754. (D) Contents of Leaving Office Statements.
Leaving office statements shall disclose reportable investments, interests in real property, income and business positions held or received during the period between the closing date of the last statement filed and the date of leaving office.
(7) Section 7. Manner of Reporting.
Statements of economic interests shall be made on forms prescribed by the Fair Political Practices Commission and supplied by the agency, and shall contain the following information:
(A) Investment and Real Property Disclosure.
When an investment or an interest in real property [FN3] is required to be reported, [FN4] the statement shall contain the following:
1. A statement of the nature of the investment or interest;
2. The name of the business entity in which each investment is held, and a general description of the business activity in which the
business entity is engaged;
3. The address or other precise location of the real property;
ATTACHMENT C
APPENDIX A
ITEM 6
6 4. A statement whether the fair market value of the investment or interest in real property equals or exceeds $2,000, exceeds $10,000, exceeds $100,000, or exceeds $1,000,000. (B) Personal Income Disclosure. When personal income is required to be reported, [FN5] the statement shall contain:
1. The name and address of each source of income aggregating $500 or more in value, or $50 or more in value if the income was a gift, and a general description of the business activity, if any, of each source;
2. A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was $1,000 or less, greater than $1,000, greater than $10,000, or greater than $100,000;
3. A description of the consideration, if any, for which the income was received;
4. In the case of a gift, the name, address and business activity of the donor and any intermediary through which the gift was made; a description of the gift; the amount or value of the gift; and the date on which the gift was received;
5. In the case of a loan, the annual interest rate and the security, if any, given for the loan and the term of the loan.
(C) Business Entity Income Disclosure. When income of a business entity, including income of a sole proprietorship, is required to be reported, [FN6] the statement shall contain:
1. The name, address, and a general description of the business activity of the business entity;
2. The name of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than $10,000.
ATTACHMENT C
APPENDIX A
ITEM 6
7 (D) Business Position Disclosure. When business positions are required to be reported, a designated employee shall list the name and address of each business entity in which the employee is a director, officer, partner, trustee, employee, or in which the employee holds any position of management, a description of the business
activity in which the business entity is
engaged, and the designated employee's position with the business entity. (E) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving office statement, if an investment or an interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal.
(8) Section 8. Prohibition on Receipt of Honoraria.
(A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept any honorarium from any source, if the member or employee would be required to report the receipt of income or gifts from that source on the member's or employee's statement of economic interests. (B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. (C) Subdivisions (a), (b), and (c) of Section 8
9501 shall apply to the prohibitions in this
section.
(D) This section shall not limit or prohibit payments, advances, or reimbursements for travel and related lodging and subsistence authorized by Section 89506. (8.1) Section 8.1. Prohibition on Receipt of Gifts in Excess of $590. (A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept gifts with a total value of more than $590 in a calendar
ATTACHMENT C
APPENDIX A
ITEM 6
8 year from any single source, if the member or employee would be required to report the receipt of income or gifts from that source on the member's or employee's statement of economic interests.
(B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. (C) Subdivisions (e), (f), and (g) of Section 89503 shall apply to the prohibitions in this section.
(8.2) Section 8.2. Loans to Public Officials.
(A) No elected officer of a state or local government agency shall, from the date of the election to office through the date that the officer vacates office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the elected officer
holds office or over which the elected officer's agency has direction and control.
(B) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the public official holds office or over which the public official's agency has direction and control. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (C) No elected officer of a state or local government agency shall, from the date of the election to office through the date that the officer vacates office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control.
ATTACHMENT C
APPENDIX A
ITEM 6
9 This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. (D) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while
the official holds office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (E) This section shall not apply to the following:
1. Loans made to the campaign committee of an elected officer or candidate for elective office.
2. Loans made by a public official's spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such persons, provided that the person making the loan is not acting as an agent or intermediary for any person not
otherwise exempted under this section.
3. Loans from a person which, in the aggregate, do not exceed $500 at any given time.
4. Loans made, or offered in writing, before January 1, 1998.
ATTACHMENT C
APPENDIX A
ITEM 6
10 (8.3) Section 8.3. Loan Terms.
(A) Except as set forth in subdivision (B), no elected officer of a state or local government agency shall, from the date of the officer's election to office through the date the officer vacates office, receive a personal loan of $500 or more, except when the loan is in writing and clearly states the terms of the loan, including the parties to the loan agreement, date of the loan, amount of the loan, term of the loan, date or dates when payments shall be due on the loan and the amount of the payments, and the rate of interest paid on the loan. (B) This section shall not apply to the following types of loans:
1. Loans made to the campaign committee of the elected officer.
2. Loans made to the elected officer by his or her spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section.
3. Loans made, or offered in writing, before January 1, 1998. (C) Nothing in this section shall exempt any person from any other provision of Title 9 of the Government Code.
(8.4) Section 8.4. Personal Loans.
(A) Except as set forth in subdivision (B), a personal loan received by any designated employee shall become a gift to the designated employee for the purposes of this section in the following circumstances:
1. If the loan has a defined date or dates for repayment, when the statute of limitations for filing an action for default has expired.
ATTACHMENT C
APPENDIX A
ITEM 6
11 2. If the loan has no defined date or dates for repayment, when one year has elapsed from the later of the following:
a. The date the loan was made.
b. The date the last payment of $100 or more was made on the loan. c. The date upon which the debtor has made payments on the loan aggregating to less than $250 during the previous 12 months.
(B) This section shall not apply to the following types of loans:
1. A loan made to the campaign committee of an elected officer or a candidate for elective office.
2. A loan that would otherwise not be a gift as defined in this title.
3. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor has taken reasonable action to collect the balance due.
4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor, based on reasonable business considerations, has not undertaken collection action.
Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of this paragraph has the burden of proving that the decision for not taking collection action was based on reasonable business considerations.
5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately discharged in bankruptcy.
(C) Nothing in this section shall exempt any person from any other provisions of Title 9 of the Government Code.
(9) Section 9. Disqualification.
ATTACHMENT C
APPENDIX A
ITEM 6
12 No designated employee shall make, participate in making, or in any way attempt to use the employee's official position to influence the making of any governmental decision which the employee knows or has reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the official or a member of the official's immediate family or on:
(A) Any business entity in which the designated employee has a direct or indirect investment worth $2,000 or more;
(B) Any real property in which the designated employee has a direct or indirect interest
worth $2,000 or more;
(C) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating $500 or more in value provided to, received by or promised to the designated employee within 12 months prior to the time when the decision is made; (D) Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management; or (E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating $590 or more provided to, received by, or promised to the designated employee within 12 months prior to the time when the decision is made.
(9.3) Section 9.3. Legally Required Participation.
No designated employee shall be prevented from making or participating in the making of any decision to the extent the employee's participation is legally required for the decision to be made.
The fact that the vote of a designated employee who is on a voting body is needed to break a tie does not make the employees' participation legally required for purposes of this section.
ATTACHMENT C
APPENDIX A
ITEM 6
13 (9.5) Section 9.5. Disqualification of State Officers and Employees.
In addition to the general disqualification provisions of section 9, no state administrative official shall make, participate in making, or use the official's position to influence any governmental decision directly relating to any contract where the state administrative official knows or has reason to know that any party to the contract is a person with whom the state administrative official, or any member of the official's immediate family has, within 12 months prior to the time when the official action is to be taken:
(A) Engaged in a business transaction or transactions on terms not available to members of the public, regarding any investment or interest in real property; or (B) Engaged in a business transaction or transactions on terms not available to members of the public regarding the rendering of goods or services totaling in value $1,000 or more. (10) Section 10. Disclosure of Disqualifying Interest.
When a designated employee determines that the employee should not make a governmental decision because the employee has a disqualifying interest in it, the determination not to act may be accompanied by disclosure of the disqualifying interest. (11) Section 11. Assistance of the Commission and Counsel.
Any designated employee who is unsure of the duties under this code may request assistance from the Fair Political Practices Commission pursuant to Section 83114 and Regulations 18329 and 18329.5 or from the attorney for the employee's agency, provided that nothing in this section requires the attorney for the agency to issue any formal or informal opinion. (12) Section 12. Violations.
This code has the force and effect of law. Designated employees violating any provision of this code are subject to the administrative, criminal and civil sanctions provided in the Political
ATTACHMENT C
APPENDIX A
ITEM 6
14 Reform Act, Sections 81000-91014. In addition, a decision in relation to which a violation of the disqualification provisions of this code or of Section 87100 or 87450 has occurred may be set aside as void pursuant to Section 91003.
___________________
1 Designated employees who are required to file statements of economic interests under any other agency's conflict of interest code, or under article 2 for a different jurisdiction, may expand their statement of economic interests to cover reportable interests in both jurisdictions, and file copies of this expanded statement with both entities in lieu of filing separate and distinct statements, provided that each copy of such expanded statement filed in place of an original is signed and verified by the designated employee as if it were an original. See Section 81004. 2 See Section 81010 and Regulation 18115 for the duties of filing officers and persons in agencies who make and retain copies of statements and forward the originals to the filing officer. 3 For the purpose of disclosure only (not disqualification), an interest in real property does not include the principal residence of the filer.
4 Investments and interests in real property which have a fair market value of less than $2,000 are not investments and interests in real property within the meaning of the Political Reform Act. However, investments or interests in real property of an individual include those held by the individual's spouse and dependent children as well as a pro rata share of any investment or interest in real property of any business entity or trust in which the individual, spouse and dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 percent or greater.
ATTACHMENT C
APPENDIX A
ITEM 6
15 5 A designated employee's income includes the employee's community property interest in the income of the employee's spouse but does not include salary or reimbursement for expenses received from a state, local or federal government agency. 6 Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer and the filer's spouse in the business entity aggregates a 10 percent or greater interest. In addition, the disclosure of persons who are clients or customers of a business entity is required only if the clients or customers are within one of the disclosure categories of the filer.
Credits
NOTE: Authority cited: Section 83112, Government Code. Reference: Sections 87103(e), 87300
-87302, 89501, 89502 and 89503, Government Code.
HISTORY
1. New section filed 4-2-80 as an emergency; effective upon filing (Register 80, No. 14).
Certificate of Compliance included.
2. Editorial correction (Register 80, No. 29).
3. Amendment of subsection (b) filed 1-9
-81; effective thirtieth day thereafter (Register 81, No. 2).
4. Amendment of subsection (b)(7)(B)1. filed 1-26-83; effective thirtieth day thereafter (Register 83, No. 5).
5. Amendment of subsection (b)(7)(A) filed 11-10-83; effective thirtieth day thereafter (Register 83, No. 46
).
6. Amendment filed 4-13-87; operative 5-13-87 (Register 87, No. 16).
7. Amendment of subsection (b) filed 10-21-88; operative 11-20-88 (Register 88, No. 46).
ATTACHMENT C
APPENDIX A
ITEM 6
16 8. Amendment of subsections (b)(8)(A) and (b)(8)(B) and numerous editorial changes filed 8-28- 90; operative 9-27-90 (Reg. 90, No. 42).
9. Amendment of subsections (b)(3), (b)(8) and renumbering of following subsections and amendment of NOTE filed 8-7-92; operative 9-7-92 (Register 92, No. 32).
10. Amendment of subsection (b)(5.5) and new subsections (b)(5.5)(A)-(A)(2) filed 2-4-93; operative 2-4-93 (Register 93, No. 6).
11. Change without regulatory effect adopting Conflict of Interest Code for California Mental Health Planning Council filed 11-22
-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 48). Approved by Fair Political Practices Commission 9-21-93.
12. Change without regulatory effect redesignating Conflict of Interest Code for California Mental Health Planning Council as chapter 62, section 55100 filed 1-4 -94 pursuant to title 1,
section 100, California Code of Regulations (Register 94, No. 1).
13. Editorial correction adding HISTORY 11 and 12 and deleting duplicate section number (Register 94, No. 17).
14. Amendment of subsection (b)(8), designation of subsection (b)(8)(A), new subsection (b)(8)(B), and amendment of subsections (b)(8.1)-(b)(8.1)(B), (b)(9)(E) and NOTE filed 3-14- 95; operative 3-14
-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 11).
15. Editorial correction inserting inadvertently omitted language in footnote 4 (Register 96, No. 13).
16. Amendment of subsections (b)(8)(A)-(B) and (b)(8.1)(A), repealer of subsection (b)(8.1)(B), and amendment of subsection (b)(12) filed 10-23
-96; operative 10-23-96 pursuant to
Government Code section 11343.4(d) (Register 96, No. 43).
ATTACHMENT C
APPENDIX A
ITEM 6
17 17. Amendment of subsections (b)(8.1) and (9)(E) filed 4-9-97; operative 4-9-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 15).
18. Amendment of subsections (b)(7)(B)5., new subsections (b)(8.2)-(b)(8.4)(C) and amendment of NOTE filed 8-24-98; operative 8-24-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 35).
19. Editorial correction of subsection (a) (Register 98, No. 47).
20. Amendment of subsections (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 5-11 -99; operative 5-11-
99 pursuant to Government Code section 11343.4(d) (Register 99, No. 20).
21. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 12-6-2000; operative 1-1- 2001 pursuant to the 1974 version of Government Code section 11380.2 and Title 2, California Code of Regulations, section 18312(d) and (e) (Register 2000, No. 49).
22. Amendment of subsections (b)(3) and (b)(10) filed 1 -10-2001; operative 2-1-2001.
Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act
rulemaking requirements) (Register 2001, No. 2).
23. Amendment of subsections (b)(7)(A)4., (b)(7)(B)1.-2., (b)(8.2)(E)3., (b)(9)(A)-(C) and footnote 4. filed 2-13-2001. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No. 7).
24. Amendment of subsections (b)(8.1)
-(b)(8.1)(A) filed 1-16-2003; operative 1-1-2003.
Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of
ATTACHMENT C
APPENDIX A
ITEM 6
18 Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2003, No. 3).
25. Editorial correction of HISTORY 24 (Register 2003, No. 12).
26. Editorial correction removing
extraneous phrase in subsection (b)(9.5)(B) (Register 2004, No. 33).
27. Amendment of subsections (b)(2)-(3), (b)(3)(C), (b)(6)(C), (b)(8.1)-(b)(8.1)(A), (b)(9)(E) and (b)(11)-(12) filed 1-4
-2005; operative 1-1-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 1).
28. Amendment of subsection (b)(7)(A)4. filed 10-11
-2005; operative 11-10-2005 (Register
2005, No. 41).
29. Amendment of subsections (a), (b)(1), (b)(3), (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 12-18 -
2006; operative 1-1-2007. Submitted to OAL pursuant to Fair Political Practices Commission v.
Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2006, No. 51).
30. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 10-31-2008; operative 11- 30 -2008. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2008, No. 44).
ATTACHMENT C
APPENDIX A
ITEM 6
19 31. Amendment of section heading and section filed 11-15-2010; operative 12-15-2010.
Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2010, No. 47).
32. Amendment of section heading and subsections (a)
-(b)(1), (b)(3)-(4), (b)(5)(C), (b)(8.1)-
(b)(8.1)(A) and (b)(9)(E) and amendment of footnote 1 filed 1-8-2013; operative 2-7-2013.
Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2013, No. 2).
33. Amendment of subsections (b)(8.1)-(b)(8.1)(A), (b)(8.2)(E)3. and (b)(9)(E) filed 12-15-2014; operative 1
-1-2015 pursuant to section 18312(e)(1)(A), title 2, California Code of Regulations.
Submitted to OAL for filing and printing pursuant to Fair Political Practices Commission v.
Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2014, No. 51).
34. Redesignation of portions of subsection (b)(8)(A) as new subsections (b)(8)(B)-(D), amendment of subsections (b)(8.1)-(b)(8.1)(A), redesignation of portions of subsection (b)(8.1)(A) as new subsections (b)(8.1)(B)-(C) and amendment of subsection (b)(9)(E) filed 12- 1 -2016; operative 12-31-2016 pursuant to Cal. Code Regs. tit. 2, section 18312(e). Submitted to
ATTACHMENT C
APPENDIX A
ITEM 6
20 OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2016, No. 49).
35. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 12-12-2018; operative 1- 11 -2019 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing and printing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2018, No. 50).
36. Amendment of subsections (b)(8.1)-(8.1)(A) filed 12-23 -2020; operative 1-1-2021 pursuant
to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2020, No. 52).
37. Amendment of subsections (b)(3)(C), (b)(5)(C), (b)(5.5), (b)(5.5)(A)(2), (b)(7)(D), (b)(8)(A), (b)(8.1)(A), (b)(8.2)(A), (b)(8.2)(C)-(D), (b)(8.3)(A), (b)(9), (b)(9.3), (b)(9.5), (b)(10) and (b)(11) and footnote 5 filed 5-12
-2021; operative 6-11-2021 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate
ATTACHMENT C
APPENDIX A
ITEM 6
21 District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2021, No. 20).
38. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 12-20-2022; operative 1- 19 -2023 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2022, No. 51).
https://www.fppc.ca.gov/content/dam/fppc/NS-Documents/LegalDiv/Regulations/Index/Chapter7/ Article2/18730.-Provi
sions-of-Conflict-of%20Interest-Codes.pdf.pdf
ATTACHMENT C
APPENDIX A
ITEM 6
ITEM 6
COUNCIL AGENDA REPORT
CITY COUNCIL
Javier Lopez, Mayor
James
Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: November 12, 2024
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Michael Beltran, PE., Director of Engineering Services/City Engineer [email protected], (209) 538-5775
SUBJECT:
Resolution No. 202 4-XXX, Approving the Construction Contract for the Lucchesi Lane Sewer Rehabilitation Project (Project No. 2516) to Kroeker Inc., Authorizing a 10% Contingency, and Authorizing the City Manager to Execute the Contract
RECOMMENDED COUNCIL ACTION:
Staff recommends City Council to award the construction contract for Lucchesi Lane Sewer Rehabilitation Project (Project No. 2516) to Kroeker Inc., in the amount of $299,136.00, authorize a 10% contingency in amount of $29,914.00, for a total amount of $329,050.00, and authorize the City Manager to execute the construction contract.
I. BACKGROUND:
The existing Sanitary Sewer Main in Lucchesi Lane is failing due to age and needs to be rehabilitated per City of Ceres Standards and Specifications.
II. REASONS FOR RECOMMENDATION:
The City solicited the bid package for construction on September 5th, 2024, with the bid due on October 3rd, 2024. The City received eight total bids on the due date.
Kroeker Inc., was the lowest and responsive bidder.
III. FISCAL IMPACTS:
The project construction was included in the C apital Improvement Project List and allocated funds are available in account 56795 .800500, in the amount of $1,119,025, to include sufficient funding for the construction contract, contingency, construction support, construction observation, materials testing, and staff time.
ITEM 7
IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:
This project is in conformance with the first goal of the Strategic Plan:
1) Infrastructure: Ensure that the community has adequate, well -maintained infrastructure that fosters a quality community and supports a strong economy.
V. POLICY ALTERNATIVES:
City Council can choose to direct staff to reject the bid or reject the proposal and eliminate the project.
VI. INTERDEPARTMENTAL COORDINATION:
This project has been coordinated with the Public Works Department.
VII. PUBLIC PARTICIPATION:
None Required.
VIII. ENVIRONMENTAL REVIEW:
The project is CEQA Categorically Exempt per Section 15301 Class 1 (b) (c) Existing Facilities and (d) Restoration of Facilities.
IX. STEPS FOLLOWING APPROVAL:
Following approval of this item, the contract with Kroeker Inc. will be signed and executed.
The contractor will then be issued a notice to proceed, and a pre- construction meeting will be held.
Approved by: ____________________
Douglas D. Dunford,
City Manager
Attachments:
1. Attachment A – Resolution
2. Attachment B – Kroeker Inc., Construction Contract
ITEM 7
ATTACHMENT A
RESOLUTION NO. 2024-XXX
APPROVING THE CONSTRUCTION CONTRACT FOR THE LUCCHESI LANE SEWER REHABILITATION PROJECT (PROJECT NO. 2516) TO KROEKER INC., AUTHORIZING A 10% CONTINGENCY, AND AUTHORIZING THE CITY
MANAGER TO EXECUTE THE CONTRACT
THE CITY COUNCIL
City of Ceres
WHEREAS, the Engineering Services Department went for public bid; and
WHEREAS, the lowest responsive bid was received from Kroeker Inc ., in the amount of $299,136.00; and
WHEREAS, a construction contingency in the amount of 10% or $ 29,914.00 is necessary and appropriate to accommodate any unforeseen costs, bringing the total construction authorization to $329,050.00; and
WHEREAS, the Sewer Rehabilitation Lucchesi Lane Project was included in the Capital Improvement Project List; and
WHEREAS, construction funds are allocated and available in account 56795.800500, in the amount of $1,119,025.00 , covering the construction contract amount, contingency, geotechnical services , construction support, and unforeseen services needed for the project scope.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby a pprove the construction contract for the Lucchesi Lane Sewer Rehabilitation Project (Project No. 2516) to Kroeker Inc., authorizes a 10% contingency, and authorizes the City Manager to execute the contract.
PASSED AND ADOPTED by the Ceres City Council at a special meeting thereof held on the 12
th day of November 2024, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
________________________________
Javier Lopez, Mayor
ATTEST:
_________________________________
Fallon Martin, City Clerk
ITEM 7
ITEM 7
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CITY OF CERES
CONSTRUCTION CONTRACT
SEWER REHABILITATION PROJECT LUCCHESI LANE
PROJECT NO. 2516
1. PARTIES AND DATE.
This Contract is made and entered into this 12th day of November, 202 4 by and between the City of Ceres, a public agency and public corporation of the State of California (“City”) and Kroeker Inc., a corporation with its principal place of business at 4627 S. Chestnut Ave, Fresno CA, 93725 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Contract.
2. RECITALS.
2.1 City. City is a public agency organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.
2.2 Contractor. Contractor desires to perform and assume responsibility for the provision of certain construction services required by the City on the terms and conditions set forth in this Contract. Contractor represents that it is duly licensed and experienced in providing general engineering construction related services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of City. The following license classifications are required for this Project: General Contractor license per IPBA standards.
2.3 Project. City desires to engage Contractor to render such services for the Sewer Rehabilitation Lucchesi Lane Project (“Project”) as set forth in this Contract.
2.4 Project Documents & Certifications . Contractor has obtained, and delivers concurrently herewith, a performance bond, a payment bond, and all insurance documentation , as required by the Contract.
3. TERMS
3.1 Incorporation of Documents . This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto:
• Services/Schedule (Exhibit “A”)
• Plans and Specifications (Exhibit “B”)
• Special Conditions (Exhibit “C”)
• Contractor’s Certificate Regarding Workers’ Compensation (Exhibit “D”) • Public Works Contractor Registration Certification (Exhibit “E”) • Payment and Performance Bonds (Exhibit “F”)
ATTACHMENT B
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• Federal Requirements (Exhibit “G”)
• Addenda
• Change Orders executed by the City
• Latest Edition of the Standard Specifications for Public Works Construction (The Greenbook), Excluding Sections 1-9
• Notice Inviting Bids, if any
• Instructions to Bidders, if any
• Contractor’s Bid
3.2 Contractor’s Basic Obligation; Scope of Work . Contractor promises and agrees, at its own cost and expense, to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately complete the Project, including all structures and facilities necessary for the Project or described in the Contract (hereinafter sometimes referred to as the “Work”), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subje ct to, and performed in accordance with the above referenced documents, as well as the exhibits attached hereto and incorporated herein by reference. The plans and specifications for the Work are further described in Exhibit “B” attached hereto and incorporated herein by this reference. Special Conditions, if any, relating to the Work are described in Exhibit “C” attached hereto and incorporated herein by this reference.
3.2.1 Change in Scope of Work. Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition or deletion is approved in writing by a valid change order executed by the City. Should Contractor request a change order due to unforeseen circumstances affecting the performance of the Work, such request shall be made within five (5) bus iness days of the date such circumstances are discovered or shall waive its right to request a change order due to such circumstances. If the Parties cannot agree on any change in price required by such change in the Work, the City may direct the Contract or to proceed with the performance of the change on a time and materials basis.
3.2.2 Substitutions/“Or Equal” . Pursuant to Public Contract Code Section 3400(b), the City may make a finding that designates certain products, things, or services by specific brand or trade name. Unless specifically designated in this Contract, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or articl e desired and shall be deemed to be followed by the words “or equal.”
Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in this Contract. However, the City may have adopted certain uniform standards for certain materials, processes and articles. Contractor shall submit requests, together with substantiating data, for substitution of any “or equal” material, process or article no later than thirty-five (35) days after award of the Con tract. To facilitate the construction schedule and sequencing, some requests may need to be submitted before thirty-five (35) days after award of Contract. Provisions regarding submission of “or equal” requests shall not in any way authorize an extension of time for performance of this Contract. If a proposed “or equal” substitution request ITEM 7
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is rejected, Contractor shall be responsible for providing the specified material, process or article.
The burden of proof as to the equality of any material, process or article shall rest with Contractor.
The City has the complete and sole discretion to determine if a material, process or article is an “or equal” material, process or article that may be substituted. Data required to substantiate requests for substitutions of an “or equal” material, process or article data shall include a signed affidavit from Contractor stating that, and describing how, the substituted “or equal” material, process or article is equivalent to that specified in every way except as listed on the affidavit. Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted “or equal” material, process or article, and substantiates that it is an “or equal” to the material, p rocess or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted “or equal” material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to the City in a timely fashion will result in the rejection of the proposed substitution.
Contractor shall bear all of the City’s costs associated with the review of substitution requests. Contractor shall be responsible for all costs related to a substituted “or equal” material, process or article. Contractor is directed to the Special Condi tions (if any) to review any findings made pursuant to Public Contract Code section 3400.
3.3 Period of Performance and Liquidated Damages . Contractor shall perform and complete all Work under this Contract within 30 calendar days, beginning the effective date of the Notice to Proceed (“Contract Time”). Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the City.
Such schedules or milestones may be included as part of Exhibits “A” or “B” attached hereto, or may be provided separately in writing to Contrac tor. Contractor agrees that if such Work is not completed within the Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Se ction 53069.85, Contractor shall pay to the City as fixed and liquidated damages the sum of Three Thousand and Six Hundred Dollars ($3600.00) per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract.
3.4 Standard of Performance; Performance of Employees . Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work ass igned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, including an City Business License, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any w ork necessary to correct errors or omissions which are caused by Contractor’s failure to comply with the standard of care provided for herein. Any employee who is determined by the City to be uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who ITEM 7
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fails or refuses to perform the Work in a manner acceptable to the City, shall be promptly removed from the Project by Contractor and shall not be re-employed on the Work.
3.5 Control and Payment of Subordinates; Contractual Relationship . City retains Contractor on an independent contractor basis and Contractor is not an employee of City. Any additional personnel performing the work governed by this Contract on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.
3.6 City’s Basic Obligation . City agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the City shall pay to Contractor, as full consideration for the satisfactory performance by Contractor of the services and obligations required by this Contract, the below - referenced compensation in accordance with compensation provisions set forth in the Contract.
3.7 Compensation and Payment.
3.7.1 Amount of Compensation. As consideration for performance of the Work required herein, City agrees to pay Contractor the Total Contract Price of Two Hundred and Ninety Nine Thousand, One Hundred and Thirty Six Dollars ($ 299,136.00) (“Total Contract Price”) provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the City.
3.7.2 Payment of Compensation. If the Work is scheduled for completion in thirty (30) or less calendar days, City will arrange for payment of the Total Contract Price upon completion and approval by City of the Work. If the Work is scheduled for completion in more than thirty (30) calendar days, City will pay Contractor on a monthly basis as provided for herein.
On or before the fifth (5th) day of each month, Contractor shall submit to the City an itemized application for payment in the format supplied by the City indicating the amount of Work completed since commencement of the Work or since the last progress payment. These applications shall be supported by evidence which is required by this Contract and such other documentation as the City may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated. Contractor may be required to furnish a detailed schedule of values upon request of the City and in such detail and form as the City shall request, showing the quantities, unit prices, overhead, profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments.
3.7.3 Prompt Payment. City shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code. However, no progress payments will be made for Work not completed in accordance with this Contract. Contractor shall comply with all applicable laws, rules and regulations relating to the proper payment of its employees, subcontractors, suppliers or others.
3.7.4 Contract Retentions. From each approved progress estimate, five percent (5%) will be deducted and retained by the City, and the remainder will be paid to Contractor. All ITEM 7
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Contract retention shall be released and paid to Contractor and subcontractors pursuant to California Public Contract Code Section 7107.
3.7.5 Other Retentions. In addition to Contract retentions, the City may deduct from each progress payment an amount necessary to protect City from loss because of: (1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the City in performing any of Contractor’s obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of Contr actor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by City during the prosecution of the Work; (9) erroneous or false estimates by Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Contract; and (11) any other sums which the City is entitled to recover from Contractor under the terms of the Contract or purs uant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City’s right to such sums.
3.7.6 Substitutions for Contract Retentions. In accordance with California Public Contract Code Section 22300, the City will permit the substitution of securities for any monies withheld by the City to ensure performance under the Contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in California as the escrow agent, and thereafter the City shall then pay such monies to Contractor as t hey come due. Upon satisfactory completion of the Contract, the securities shall be returned to Contractor. For purposes of this Section and Section 22300 of the Public Contract Code, the term “satisfactory completion of the contract” shall mean the time the City has issued written final acceptance of the Work and filed a Notice of Completion as required by law and provisions of this Contract. Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. The escrow agreement used for the purposes of this Section shall be in the form provided by the City.
3.7.7 Title to Work. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the City at the time of payment. To the extent that title has not previously been vested in the City by reason of payments, full title sh all pass to the City at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, free and clear from any and all security interests, liens, or other encumbrances. C ontractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the City, nor relieve Contractor from the responsibility to strictly comply with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to items.
3.7.8 Labor and Material Releases. Contractor shall furnish City with labor and material releases from all subcontractors performing work on, or furnishing materials for, the Work governed by this Contract prior to final payment by City.
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3.7.9 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 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 ra tes and the performance of other requirements on “public works” and “maintenance” projects. Since the Services are being performed as part of 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. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contractor’s principal place of business and at the project site. 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 any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates.
3.7.10 Apprenticeable Crafts . When Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works. The pri mary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor. The Contractor or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law.
3.7.11 Hours of Work. Contractor is advised that eight (8) hours labor constitutes a legal day’s work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more tha n eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker.
3.7.12 Payroll Records . Contractor and each 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. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Co ntractor in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this section. Should noncompliance still be evident after such 10-day period, Contractor shall, as a penalty to City, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public W orks contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from ITEM 7
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progress payments then due. The responsibility for compliance with this section is on Contractor.
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.
3.7.13 Contractor and Subcontractor Registration . 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. Contractor is directed to review, fill out and execute the Public Works Contractor Registration Certification attached hereto as Exhibit “E” prior to contract execution. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sect ions 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.
3.7.14 Labor Compliance; Stop Orders . This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be the Contractor’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. 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.
3.8 Performance of Work; Jobsite Obligations.
3.8.1 Water Quality Management and Compliance.
3.8.1.1 Water Quality Management and Compliance. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated b y the performance of the Work including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter -Cologne Water Quality Control Act (Cal Water Code §§ 13000 -14950); local ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter -Cologne Water Quality Control Act, to any ground or surface water in the State.
3.8.1.2 Compliance with the Statewide Construction General Permit. Contractor shall comply with all conditions of the most recent iteration of the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Con struction Activity, issued by the California State Water Resources Control Board (“Permit”). It shall be Contractor’s sole responsibility to file a Notice of Intent and procure coverage under the Permit for all construction activity which results in the di sturbance of more than one ITEM 7
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acre of total land area or which is part of a larger common area of development or sale. Prior to initiating work, Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) as required by the Per mit. Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, and monitoring and reporting requirements as required by the Permit. The Permit requires the SWPPP to be a “living document” that changes as necessary to meet the conditions and requirements of the job site as it progresses through difference phases of construction and is subject to different weather conditions. It shall be Contractor’s sole responsibility to update the SWPPP as necessary to address conditions at the project site.
3.8.1.3 Other Water Quality Rules Regulations and Policies.
Contractor shall comply with the lawful requirements of any applicable municipality, drainage City, or local agency regarding discharges of storm water to separate storm drain systems or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs.
3.8.1.4 Cost of Compliance. 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 it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom.
3.8.1.5 Liability for Non -Compliance. Failure to comply with the Permit is a violation of federal and state law. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to defend, indemnify and hold harmless the City and its directors, officials, officers, employees, volunteers and agents for any alleged violations. In addition, City may seek damages from Contractor for any delay in completing the Work in accordance with the Contract, if such delay is caused by or related to Contractor’s failure to comply with the Permit.
3.8.1.6 Reservation of Right to Defend. City reserves the right to defend any enforcement action brought against the City for Contractor’s failure to comply with the Permit or any other relevant water quality law, regulation, or policy. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to be bound by, and to reimburse the City for the costs (including the City’s attorney’s fees) associated with, any settlement reached between the City and the relevant enforcement entity.
3.8.1.7 Training. In addition to the standard of performance requirements set forth in paragraph 3.4, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them without impactin g water quality in violation of the laws, regulations and policies described in paragraph 3.8.1. Consultant further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in paragraph 3.8.1 as they may relate to the Work provided under this Agreement. Upon request, City will provide the Contractor with a list of training programs that meet the requirements of this paragraph.
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3.8.2 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed. Safety precautions as applicable shall include, but shall not be limited to, adequate life protection and lifesaving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site.
3.8.3 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Contract or the Work, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Work. If Contractor observes that the drawings or specifications are at variance with any law, rule or regulation, it shall promptly notify the City in writing. Any necessary changes shall be made by written change order. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & S afety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability ar ising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.8.4 Permits and Licenses . Contractor shall be responsible for securing City permits and licenses necessary to perform the Work described herein, including, but not limited to, an City Business License. While Contractor will not be charged a fee for any City permits, Contractor shall pay the City’s applicable business license fee. Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project.
3.8.5 Trenching Work. If the Total Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the California Labor Code, including Section 6705. To this end, Contractor shall submit for City’s review and approval a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving grou nd during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.
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3.8.6 Hazardous Materials and Differing Conditions . As required by California Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, n otify City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by City; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, City shall promptly investigate the conditions to determine whether a change order is appropriate.
In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute.
3.8.7 Underground Utility Facilities. To the extent required by Section 4215 of the California Government Code, City shall compensate Contractor for the costs of: (1) locating and repairing damage to underground utility facilities not caused by the failure of Contractor to exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in the construction drawings; and (3) equipment necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay caused by failure of City to provide for removal or relocation of such utility facilities.
3.8.8 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Although CARB limits and requirements are more broad, Contractor shall specifically be aware of their application to "portable equipment", which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.
3.8.9 State Recycling Mandates. Contractor shall comply with State Recycling Mandates. Any recyclable materials/debris collected by the contractor that can be feasibly diverted via reuse or recycling must be hauled by the appropriate handler for reuse or recycling.
3.9 Completion of Work. When Contractor determines that it has completed the Work required herein, Contractor shall so notify City in writing and shall furnish all labor and material releases required by this Contract. City shall thereupon inspect the Work. If the Work is n ot acceptable to the City, the City shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work, Contractor may request a reinspection by the City. Once the Work is acceptable to City, City shall pay to Contractor the Total Contract Price remaining to be paid, less any amount which City may be authorized or directed by law to retain.
Payment of retention proceeds due to Contractor shall be made in accordance with Section 7107 of the California Public Contract Code.
3.10 Claims; Government Code Claim Compliance.
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3.10.1 Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non -binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Section is to implement Sections 20104 e t seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes.
3.10.2 Claims. For purposes of this Section, “Claim” means a separate demand by the Contractor, after a change order duly requested in accordance with the terms of this Contract has been denied by the City, for (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, or (C) an amount the payment of which is disputed by the City. Claims governed by this Section may not be filed unless and until the Contractor completes all proc edures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the change order procedures contained herein, and Contractor’s request for a change has been denied in whole or in part. Claims governed by this Section must be filed no later than the date of final payment. The claim shall be submitted in writing to the City and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermo re, the claim shall include the documents necessary to substantiate the claim. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra Work, disputed Work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.
3.10.3 Supporting Documentation. The Contractor shall submit all claims in the following format:
3.10.3.1 Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made
3.10.3.2 List of documents relating to claim:
(A) Specifications
(B) Drawings
(C) Clarifications (Requests for Information)
(D) Schedules
(E) Other
3.10.3.3 Chronology of events and correspondence
3.10.3.4 Analysis of claim merit
3.10.3.5 Analysis of claim cost
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3.10.3.6 Time impact analysis in CPM format
3.10.4 City’s Response. Upon receipt of a claim pursuant to this Section, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the public entity issues its written statement.
3.10.4.1 If City needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, City shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.
3.10.4.2 Within 30 days of receipt of a claim, City may request in writing additional documentation supporting the claim or relating to defenses or claims City may have against the Contractor. If additional information is thereafter required, it shall be r equested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor.
3.10.4.3 City’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 days (if the claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.
3.10.5 Meet and Confer. If the Contractor disputes City’s written response, or City fails to respond within the time prescribed, the Contractor may so notify City, in writing, either within 15 days of receipt of City’s response or within 15 days of City’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, City shall schedule a meet and confer conference within 30 days for settlement of the dispute.
3.10.6 Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after City issues its written statement. Any disputed portion of the claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with City and the Contractor sharing the associated costs equally. City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing, unless the parties agree to select a mediator at a later time.
3.10.6.1 If the Parties cannot agree upon a mediator, each Party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.
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3.10.6.2 For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the Parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
3.10.6.3 Unless otherwise agreed to by City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
3.10.6.4 The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed.
3.10.7 Procedures After Mediation . If following the mediation, the claim or any portion remains in dispute, the Contractor must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim pursuant to subdivision (a) until the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation.
3.10.8 Civil Actions. The following procedures are established for all civil actions filed to resolve claims subject to this Section:
3.10.8.1 Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non -binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of these procedures.. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.
3.10.8.2 If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.
3.10.8.3 In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.
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3.10.9 Government Code Claims. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. pri or to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City. A Government Code claim must be filed no earlier than the date the work is completed or the date the Contractor last performs work on the Project, whichever occurs first. A Government Code claim shall be inc lusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted.
3.10.10 Non-Waiver. City’s failure to respond to a claim from the Contractor within the time periods described in this Section or to otherwise meet the time requirements of this Section shall result in the claim being deemed rejected in its entirety. City’s failure to respond shall not waive City’s rights to any subsequent procedures for the resolution of disputed claims.
3.11 Loss and Damage. Except as may otherwise be limited by law, Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed and accepted by City. In the event of damage proximately caused by an Act of God, as defined by Section 7105 of the Public Contract Code, the City may ter minate this Contract pursuant to Section 3.17.3; provided, however, that the City needs to provide Contractor with only one (1) day advanced written notice.
3.12 Indemnification.
3.12.1 Scope of Indemnity . To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s services, the Project o r this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense arising from the sole or active negligence or willful misconduct of the City or the City’s agents, servants, or independent contractors who are directly responsible to the City, or for defects in design furnished by those persons.
3.12.2 Additional Indemnity Obligations . Contractor shall defend, with counsel of City’s choosing and at Contractor's own cost, expense and risk, any and all Claims ITEM 7
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covered by this section that may be brought or instituted against City or its officilas, employees, agents and authorized volunteers. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its offi cials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City's attorney's fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and authorized volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by t he City, its officials, employees, agents and authorized volunteers.
3.13 Insurance.
(a) Required Coverage At all times commencing no later than commencement of the Work and to remain in effect for the entire term of this Agreement including any extensions of time, Contractor shall, at its expense, obtain and maintain, and shall cause its Subcontractors to obtain and maintain, with insurers of recognized responsibility authorized to do business in the California as admitted carriers having a rating not lower than “A” as rated by A.M. Best Company, Inc. or other independent rating companie s, the following insurance which shall include the minimum coverages and limits set forth below:
(i) Commercial General Liability Insurance Commercial general liability insurance on an “occurrence” basis arising out of claims for bodily injury (including death) and property damage, as will protect the Contractor, which may arise out of or result from the Contractor’s operations under the Agreement and for which the Contractor legally liable, whether such operations are by the Contractor, by a Subcontractor, or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. Such insurance shall protect the Contractor and Owner against loss from liability imposed for damages (1) on account of bodily or personal injuries, including death, disease and sickness, accidentally suffered or alleged to have been suffered by any person or persons that may be caused directly or indirectly by the performance of this Agreement, and (2) on account of injury to or destruction of property, including the resultant loss of use of the Project or other Owner facilities or equipment, resulting from acts of commission or omission by the Contractor, or otherwise resulting directly or indirectly from the Contractor’s operations in the performance of this Agreement. This insurance shall be subject to the approval of Owner, and Owner’s approval shall not be unreasonably withheld and shall be in amounts not less than Five Million Dollars ($5,000,000) general aggregate, Two Million Dollars ($2,000,000) personal and advertising injury aggregate, with a per occurrence limit of One Million Dollars ($1,000,000) (total limits required may be satisfied with an excess or umbrella policy).
The comprehensive or commercial general liability policy shall also include a severability of interest clause and cross liability if the policy has multipl e insureds. The aggregate limit shall apply on a “per project” basis. The policy shall stipulate that the insurance afforded the additional insureds shall apply as primary insurance and that any other insurance carried by Owner or other Persons identified in this Agreement will be excess only and will not contribute with this insurance; (ii) Automobile Liability. Automobile liability insurance, for Contractor’s liability arising out of claims for bodily injury and property damage covering all owned (if any), non-owned, leased, hired or borrowed automobiles of Contractor, including loadin g and unloading, with a minimum ITEM 7
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limit of not less than $1,000,000 per accident for combined bodily injury and property damage and containing appropriate no-fault insurance provisions or other endorsements in accordance with Applicable Law;
(iii) Worker’s Compensation Insurance All engineers, experts, Consultants and Subcontractors the Contractor intends to employ shall have taken out workers’ compensation insurance with an insurance carrier satisfactory to the Owner for all persons whom they may employ in carrying out the work contemplated under this Agreement in accordance with the Workers’ Compensation Laws of the State of California. If the Contractor employs any engineer, expert, Consultant or Subcontractor which it did not intend to emp loy prior to commencement of services, it must furnish such proof of workers’ compensation insurance to the Owner immediately upon employment. If the Contractor is self -insured, the Contractor shall furnish a Certificate of Permission to Self-Insure and a Certificate of Self-Insurance satisfactory to the Owner. (iv) Employer’s Liability Insurance All engineers, experts, Consultants and Subcontractors the Contractor intends to employ shall have taken out employer’s liability insurance with an insurance carrier reasonably satisfactory to the Owner. During the cour se of Contractor’s services, if Contractor ever intends to employ additional or different Engineers, experts, Consultants or Subcontractors, before so employing them Contractor shall furnish such reasonably satisfactory proof of insurance to the Owner. If the Contractor is self -insured, the Contractor shall furnish a Certificate of Permission to Self -Insure and a Certificate of Self - Insurance reasonably satisfactory to the Owner.
(v) Errors and Omissions Insurance Errors and omissions insurance on a claims made basis with limits of at least One Million Dollars ($1,000,000) with a deductible or self-insured retention in an amount not to exceed the sum of One Hundred Thousand Dollars ($100,000), and Contractor will maintain such coverage for a period of five (5) years following the Final Completion Date.
(vi) Builder’s All-Risk Following completion of Phase 1 and approval by Owner of the Phase 2 portion of the Scope of Work and prior to commencing Phase 2, Contractor agrees to obtain and maintain Builder’s Risk/Course -of-Construction insurance, issued on a completed value basis on all insurable Work included under the Contract Documents. This insurance shall be subject to the approval of Owner, and Owner’s approval shall not be unreasonably withheld.
This insurance shall insure against all risks, includi ng but not limited to the following perils:
vandalism, theft, malicious mischief, fire, sprinkler leakage, civil authority, sonic boom, explosion, collapse, flood, wind, hail, lightning, smoke, riot or civil commotion, debris removal (including demolition) and reasonable compensation for the Owner’s costs and expenses required as a result of such insured loss. This insurance shall provide coverage in an amount not less than the full cost to repair, replace, or reconstruct the Work. Such insurance shall inc lude the Owner, the Owner’s designated representative, and any other person or entity with an insurable interest in the Work as an additional named insured.
(vii) Other Insurance Contractor shall provide all other insurance required to be maintained under Applicable Laws, ordinances, rules, and regulations. Such insurance shall be subject to the approval of Owner, and Owner’s approval shall not be unreasonably withheld. (b) Consultants If not covered by Contractor’s coverage, each of Contractor’s Consultants shall carry coverage and limits proportionate to each such Consultant’s scope of ITEM 7
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work, and Contractor shall include such provisions in its contracts with them. If any policy carried by any of the Consultants offers 50% or less of the limits required of the Contractor hereunder for an analogous policy, the Contractor shall notify the Owner of the proposed coverage to be carried by such Consultant, and the Owner shall have the right in its reasonable discretion to approve or reject the proposed coverage in each such case.
(c) Occupancy Owner may partially or fully occupy and/or use the Project before acceptance of the entire Project by the Owner. All of Contractor’s required insurance must allow such occupancy and/or use without prior consent from insurer. (d) Additional Insured; Primary and Non -Contributory; Waiver of Subrogation The Contractor shall name the Owner and the Owner’s designated representative as additional insureds on Contractor’s commercial general liability (using ISO CG 20 10 and CG 20 37 or exact equivalents), automobile liability, and excess/umbrella policies. The additional insured endorsement(s) included on all such insurance policies shall state that coverage is afforded the additional insured with respect to claims arising out of oper ations performed by or on behalf of the insured. If the additional insureds have other insurance which is applicable to the loss, such other insurance shall be on an excess or contingent basis. The amount of the insurer’s liability shall not be reduced b y the existence of such other insurance. The coverage provided the additional insureds on Contractor’s commercial general liability, automobile liability, and excess/umbrella policies shall apply on a primary and non -contributory basis. The Contractor’s commercial general liability, automobile liability, excess/umbrella, and workers’ compensation/employer’s liability policies shall be endorsed to include a waiver of subrogation in favor of Owner and the Owner’s designated representatives. Any excess/umbr ella policies provided by Contractor shall include a follow form endorsement or schedule of underlying coverage showing that such policies sit in excess of and shall follow the form of the underlying policies set forth herein, which Contractor intends the excess/umbrella policy to supplement. (e) Proof of Carriage of Insurance The Contractor shall not commence Work nor shall it allow any Subcontractor or Consultant to commence Work under this Agreement until all required insurance certificates, additional insured endorsements and declarations p ages have been obtained for the period covered by this Agreement and delivered in duplicate to the Owner for approval, and such approval shall not be unreasonably withheld. (f) Notice of Cancellation or Non -Renewal The Contractor shall provide or shall obligate its insurance carriers or brokers/representatives to provide for thirty (30) Days written notice to the Owner of cancellation.
(g) Project Schedule Changes At the time of making application for any extension of time pursuant to the Contract Documents, Contractor shall submit evidence that insurance policies will be in effect during the requested additional period of time. (h) Compliance If the Contractor fails to maintain such insurance or fails to cure any defects in coverage required herein within five (5) Days of receiving written notice of the defect(s), the Owner may, but shall not be required to, take out such insuran ce to cover any damages accrued for which the Owner might be held liable on account of the Contractor’s failure to pay such damages, and deduct and retain the amount of the premiums from any sums due the Contractor under this Agreement.
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(i) No Limitation of Liability; Subcontractors and Consultant Obligations Nothing contained in this Agreement shall be construed as limiting, in any way, the extent to which the Contractor may be held responsible for the payment of damages resulting from t he Contractor’s operations. Each of Contractor’s Consultants and Subcontractors shall comply with all insurance obligations under this Section, and Contractor shall include such provisions in its contracts with them.
3.13.1 Time for Compliance. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Contract for cause.
3.13.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder by Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Contract. Such insurance shall meet at lea st the following minimum levels of coverage:
3.13.2.1 Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 00 01) OR Insurance Services Office Owners and Contractors Protective Liability Coverage Form (CG 00 09 11 88) (coverage for operations of designated contractor); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 00 01, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. Policies shall not contain exclusions contrary to this Contract.
3.13.2.2 Minimum Limits of Insurance . Contractor shall maintain limits no less than: (1) General Liability: $5,000,000 per occurrence and $5,000,000 aggregate for bodily injury, personal injury and property damage; (2) Automobile Liability: $5,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ compensation limits as required by the Labor Code of the State of California.
Employer’s Liability limits of $1,000,000 each accident, policy limit bodily injury or disease, and each employee bodily injury or disease. Defense costs shall be available in addition to the limits.
Notwithstanding the minimum limits specified herein, any available coverage shall be provided to the parties required to be named as additional insureds pursuant to this Contract.
3.13.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements (amendments) on forms supplied or approved by the City to add the following provisions to the insurance policies:
3.13.3.1 General Liability . (1) Such policy shall give the City, its officials, employees, agents and authorized volunteers additional insured status using ISO endorsements CG20 10 10 01 plus CG20 37 10 01, or endorsements providing the exact same ITEM 7
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coverage, with respect to the Work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage.
Any i nsurance or self -insurance maintained by the City, its officials, employees, agents and authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it.
3.13.3.2 Automobile Liability. (1) Such policy shall give the City, its officials, employees, agents and authorized volunteers additional insured status with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way.
3.13.3.3 Workers’ Compensation and Employer’s Liability Coverage.
The insurer shall agree to waive all rights of subrogation against the City, its officials, employees, agents and authorized volunteers for losses paid under the terms of the insurance policy which arise from work performed by Contractor.
3.13.3.4 All Coverages . Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been gi ven to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officials, employees, agents and authorized volunteers.
3.13.4 Separation of Insureds; No Special Limitations . All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its officials, employees, agents and authorized volunteers.
3.13.5 Deductibles and Self-Insurance Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the City, its officials, employees, agents and authorized volunteers; or (2) the Contractor shall procure a bond or other financial guarantee acceptable to the City ITEM 7
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guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.
3.13.6 Acceptability of Insurers . Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VII, licensed to do business in California, and satisfactory to the City. Exception may be made for the State Compensation Insurance Fund when not specifically rated.
3.13.7 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Contract on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before work commences. The Ci ty reserves the right to require complete, certified copies of all required insurance policies, at any time.
3.13.8 Subcontractors. All subcontractors shall meet the requirements of this Section before commencing Work. Contractor shall furnish separate certificates and endorsements for each subcontractor. Subcontractor policies of General Liability insurance shall name the City, its officials, employees, agents and authorized volunteers as additional insureds using form ISO 20 38 04 13 or endorsements providing the exact same coverage. All coverages for subcontractors shall be subject to all of the requiremen ts stated herein except as otherwise agreed to by the City in writing.
3.13.9 Reporting of Claims. Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Work under this Contract.
3.14 Bond Requirements.
3.14.1 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.
3.14.2 Performance Bond. If specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.
3.14.3 Bond Provisions . Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the effected bond within (ten) 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are ITEM 7
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accepted by the City. To the extent, if any, that the Total Contract Price is increased in accordance with the Contract, Contractor shall, upon request of the City, cause the amount of the bond to be increased accordingly and shall promptly deliver satisfa ctory evidence of such increase to the City. If Contractor fails to furnish any required bond, the City may terminate the Contract for cause.
3.14.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.
3.15 Warranty. Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Work or non -conformance of the Work to the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Work.
Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contracto r for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defect ive or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense.
Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.
3.16 Employee/Labor Certifications.
3.16.1 Contractor’s Labor Certification . By its signature hereunder, Contractor certifies that he is aware of the provisions of Section 3700 of the California Labor Code which require 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 agrees to comply with such ITEM 7
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provisions before commencing the performance of the Work. A certification form for this purpose, which is attached to this Contract as Exhibit “D” and incorporated herein by reference, shall be executed simultaneously with this Contract.
3.16.2 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
3.16.3 Verification of Employment Eligibility . By executing this Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Ac t of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.
3.17 General Provisions.
3.17.1 City’s Representative. The City hereby designates the General Manager, or his or her designee, to act as its representative for the performance of this Contract (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.
3.17.2 Contractor’s Representative. Before starting the Work, Contractor shall submit in writing the name, qualifications and experience of its proposed representative who shall be subject to the review and approval of the City (“′Contractor’s Representative”). Following approval by the City, Contractor’s Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Contract. Contractor’s Representative shall supervise and direct the Work, using his bes t skill and attention, and shall be responsible for all construction means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Contract. Contractor’s Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the City, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site . Arrangements for responsible supervision, acceptable to the City, shall be made for emergency Work which may be required. Should Contractor desire to change its Contractor’s Representative, Contractor shall provide the information specified above and obtain the City’s written approval.
3.17.3 Termination. This Contract may be terminated by City at any time, either with our without cause, by giving Contractor three (3) days advance written notice. In the event of termination by City for any reason other than the fault of Contractor, City shall pay Contra ctor for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, City may terminate the Contract immediately without notice, may reduce payment to Contractor in the amount necessary to offset City’s resulting damages, and may pursue any other available recourse against Contractor. Contractor may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, City may procure, upon such terms and in such manner as it may determine appropriate, services similar ITEM 7
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to those terminated. Further, if this Contract is terminated as provided, City may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by Contractor in connection with its performance of this Contract.
3.17.4 Contract Interpretation. Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from City, the matter shall be referred to City’s Representative, whose decision shall be binding upon Contractor.
3.17.5 Anti-Trust Claims . This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract to supply goods, services or materials, Contractor hereby offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Busin ess and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the City tender final payment to Contractor, without further acknowledgment by the Parties.
3.17.6 Notices. All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:
CONTRACTOR:
Kroeker Inc.
4627 S. Chestnut Ave
Fresno, California 93725
559-268-3366
Attn: Jeff Kroeker
CITY:
City of Ceres
2220 Magnolia Street
Ceres, California 95307
Attn: City Engineer
Any notice so given shall be considered received by the other Party three (3) days after deposit in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.17.7 Time of Essence . Time is of the essence in the performance of this Contract.
3.17.8 Assignment Forbidden. Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of City. If Contractor attempts an assignment ITEM 7
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or transfer of this Contract or any obligation, right, title or interest herein, City may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee.
3.17.9 No Third Party Beneficiaries . There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.17.10 Laws, Venue, and Attorneys’ Fees . This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Merced, State of California.
3.17.11 Counterparts. This Contract may be executed in counterparts, each of which shall constitute an original.
3.17.12 Successors. The Parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract.
3.17.13 [Reserved]
3.17.14 Solicitation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to terminate this Contract without liability.
3.17.15 Conflict of Interest. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Contract, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising therefrom. In addition, Contractor agrees to file, or to cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Work.
3.17.16 Certification of License.
3.17.16.1 Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor’s license of the classification indicated below under Contractor’s signature.
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3.17.16.2 Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O.
Box 26000, Sacramento, California 95826.
3.17.17 Authority to Enter Contract . Each Party warrants that the individuals who have signed this Contract have the legal power, right and authority to make this Contract and bind each respective Party.
3.17.18 Entire Contract; Modification . This Contract contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Contract may only be modified by a writing signed by both Parties.
3.17.19 Non-Waiver. None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing.
3.17.20 City’s Right to Employ Other Contractors . City reserves right to employ other contractors in connection with this Project or other projects. [SIGNATURES ON NEXT PAGE]
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Signature Page for CONSTRUCTION CONTRACT
Between the City of Ceres
and Kroeker, Inc.
IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the Xth day of XXXXX, 20XX.
CITY OF CERES Kroeker, Inc.
By: By:
Douglas D. Dunford
City Manager Its:
Printed Name:
ATTEST:
By:
Fallon Martin, City Clerk
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EXHIBIT “A”
SERVICES / SCHEDULE
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EXHIBIT “B”
PLANS AND SPECIFICATIONS
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GENERAL
SCOPE OF WORK
The Work to be performed is included in Exhibit B – Drawings and Technical Specifications. Such other items or details, not mentioned above (Exhibit A), that are required by the drawings, and technical specifications, or the following special conditions (Exhibit C) shall be performed, placed, constructed or installed.
PERFORMANCE
The Contractor shall furnish all labor, materials, tools, equipment, incidentals, and do all work described in the Plans and these Special Provisions.
COORDINATION/COOPERATION
The Contractor shall notify the Engineer at (209) 538-5792 at least three (3) working days in advance of the tentative starting date.
The Contractor shall be responsible for contacting and coordinating with all utility companies, including the City, with regards to the location of existing underground facilities in the construction area. The Contractor shall call Underground Service Alert at 811, at least 2 working days before commencement of underground work for location of underground facilities.
Utility facilities damaged, temporarily disconnected, or relocated as a result of construction shall be repaired/reconnected as directed by the governing utility at the Contractor's expense.
Full compensation for conforming to the requirements of this section shall be considered as included in the price paid for the various contract items of work involved and no additional compensation will be made.
INSPECTION OF SITE
The Contractor shall inspect the work site and note all existing conditions before submitting a bid for this project. A site tour is scheduled immediately following the pre-bid meeting if requested.
DUST CONTROL
It shall be the responsibility of the Contractor to minimize dust during earth moving operations. A water truck shall be made available if necessary for dust control.
Full compensation for conforming to the requirements of this section shall be considered as included in the price paid for the various contract items of work involved and no additional compensation will be made.
PERMITS, BONDS, LICENSES AND INSURANCE
The Contractor shall procure all permits, bonds, licenses and insurance, pay all charges and fees, and give all notices necessary and incidental to the prosecution of the work.
Payment for "Permits, Bonds, Licenses and Insurance," shall be at the contract lump sum price as set forth in this proposal, and shall include all fees associated with permits, bonds, licenses, inspections, and all other fees necessary for the completion of this item.
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PUBLIC CONVENIENCE AND SAFETY
The Contractor shall be responsible for all the provisions of this item, including issuance of all notices necessary for prosecution of the work.
Construction Area Signs -- Construction area signs and traffic cones shall be furnished, installed, maintained, and removed when no longer required in accordance with the provisions in Section 12, "Temporary Traffic Control," of the State Specifications, and these Special Provisions. Specifically included in this item are all detour signage.
The Contractor shall notify the appropriate regional notification center for operators of subsurface installations at least two (2) working days, but not more than 14 calendar days, prior to commencing any excavation for construction area sign posts. The r egional notification centers include, but not limited to the following:
Notification Center Telephone
Underground Service Alert (USA) 811
(Northern California)
All excavations required to install construction area signs shall be performed by hand methods without the use of power equipment, except that power equipment may be used if it is determined that there were no utility facilities in the area of the proposed post holes.
Sign substrates for stationary mounted construction area signs may be fabricated from fiberglass reinforced plastic as specified under “Prequalified and Tested Signing and Delineation Materials” elsewhere in these Special Provisions.
Type IV reflective sheeting for sign panels for portable construction area signs shall conform to the requirements specified under “Prequalified and Testing Signing and Delineation Materials” elsewhere in these Special Provisions.
The term “construction area signs” shall also include temporary object markers required for the direction of public traffic through or around the work during construction. Object markers listed or designated on the plans as construction area signs shall be considered to be signs and shall be furnished, erected, maintained and removed by the Contractor in the same manner specified for construction area signs and the following:
Object markers shall be stationary mounted on wood or metal posts in accordance with the details shown on the plans and the requirements in Section 82, “Markers and Delineators,” of the Standard Specifications.
Marker panels for Type N, Type P and Type R object markers shall conform to the requirements for sign panels for stationary mounted signs.
Target plates for Type K and Type L object markers and posts, reflectors and hardware shall conform to the requirements in said Section 82, but need not be new.
When a street section is to be closed, it shall be solidly barricaded, and signs shall be posted at the closure points indicating “Street Closed.”
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Full cost of providing and removing construction area signs shall be borne exclusively by the Contractor and shall be considered as included in the contract lump sum price for Item 10-1.07, “Public Convenience & Safety.”
Maintaining Traffic -- Attention is directed to Section 7-1.03, "Public Convenience," Section 7-
1.04, "Public Safety," and Section 12, "Temporary Traffic Control," of the State Specifications.
Nothing in these Special Provisions shall be construed as relieving the Contractor from its responsibility as provided in Section 7-1.04 of the State Specifications.
All traffic cones used for night lane closures shall have reflective cone sleeves as specified in the specifications. One (1) 12-foot wide traffic lane must be open at all times.
The second and third paragraphs of Section 12 -3.10, “Traffic Cones,” of the State Standard Specifications are amended to read:
The type of reflective cone sleeve used shall be at the option of the Contractor. Only one type of reflective cone sleeve shall be used on the project.
Lane closures shall conform to the provisions in the section of these special provisions entitled “Traffic Control System for Lane Closure.”
Personal vehicles of the Contractor's employees shall not be parked on the traveled way or shoulders, including any section closed to public traffic.
The Contractor shall notify local authorities of its intent to begin work at least five (5) days before work is begun. The Contractor shall cooperate with local authorities relative to handling traffic through the area and shall make its own arrangements r elative to keeping the working area clear of parked vehicles.
The Contractor shall provide access to all businesses and residences within the construction zone at all times throughout the project. When the work requires the closing of a business driveway or other entrance, the Contractor shall post signs directing th e public to the most convenient access to the business.
The Contractor shall provide access to all private driveways when construction is not actively in progress. Access to driveways fronting the construction area shall not be hindered or blocked for time periods greater than 4 hours without notifying the property owner or tenant in writing 24 hours prior to blockage.
The Contractor shall provide safe public access around the work site in accordance with the American Disabilities Act requirements during the work.
Whenever vehicles or equipment are parked on the shoulder within six feet of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at 25-foot intervals to a point not less than 25 feet past the last vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall be used for the taper. A C23 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted on a telescoping flag tree with flags. The flag tree shall be placed where directed by the Engineer.
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When the Contractor’s operations create a condition hazardous to traffic or to the public, he shall furnish, erect and maintain, at his expense and without cost to the City, such fences, barricades, lights, signs and other devices as are necessary to prevent accidents or damage or injury to the public. The Contractor shall also furnish such flagmen, provided with the necessary equipment kept clean and in good condition by the Contractor at his expense, as may be necessary to give adequate warning to traffic or to the public that the roadway is under construction or of any dangerous conditions to be encountered. The flagmen shall perform their duties and their work of furnishing and placing such signs, lights, flags and other warning and safety devices as set forth in the current “Work Area Traffic Control Handbook” as published by the Building News, Inc., Los Angeles, California.
Minor deviations from the requirements of this section concerning hours of work which do not significantly change the cost of the work may be permitted upon the written request of the Contractor if, in the opinion of the Engineer, public traffic will be better served and the work expedited. Such deviations shall not be adopted until the Engineer has indicated its written approval. All other modifications will be made by contract change order.
Full cost of conforming to this section shall be considered as included in the contract lump sum price for “Public Convenience and Safety.”
Traffic Control System for Lane Closure -- A traffic control system shall be provided by the Contractor and shall be in accordance with the provisions of Section 12, "Temporary Traffic Control," of the State Specifications, the provisions under "Maintaining Traffic" elsewhere in these Special Provisions.
The provisions in this section shall not relieve the Contractor from its responsibility to provide such additional devices, or take such measures as may be necessary, to comply with the provisions in Section 7-1.04, "Public Safety," of the State Standard Specifications.
Prior to any lane closures, it shall be the responsibility of the Contractor to provide 72-hour notice to the City and obtain City approval of the lane closure. Failure to notify the City in a timely manner is cause for the City to prevent the lane closure.
Whenever a lane closure is made, the Contractor shall close the lane by placing fluorescent traffic cones, portable cones, portable delineators, or other devices approved by the Engineer, along a taper and along the edge of the closed lane adjacent to public traffic. One telescoping flag tree with flags shall be placed at the beginning and at the end of the taper.
If any component in the traffic control system is displaced or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component, and shall restore the component to its original location. Full cost of providing flaggers shall be borne exclusively by the Contractor.
The Contractor shall submit a traffic control plan and approved by the City Engineer prior to commencing any work.
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Protection of the Work -- To minimize traffic congestion during the resurfacing operation, the work shall be done in stages. Residents with driveways within the closed section shall be notified at least 24 hours in advance of closure via door hangers and signs within the limits of the project.
Barricades and signs and their cost of replacement, the cost of flagmen necessary for the protection of the work and the public and costs of notification of affected residents will be considered as included in the contract price paid for bid items shown in the proposal, and no separate payments shall be made.
Payment for "Public Convenience and Safety," shall be at the contract lump sum price as set forth in the proposal, and shall include all labor, materials, tools, equipment, and all work necessary for the completion of this item.
WATER POLLUTION CONTROL
Summary
It shall be the responsibility of the Contractor to comply with all of the requirements of the latest NPDES General Permit for "Storm Water Discharges Associated with Construction and Land Disturbance Activities" (Order No. 2013-001-DWQ, NPDES No. CAS000004) hereinafter called the "Permit" and standard industry practice.
This includes, but is not limited to, preparing plans and application, maps as well as all necessary reporting on the SWQCB's Storm Water Multiple Application and Report Tracking System (SMARTS System). The Contractor, working with their certified Qualified Storm Water Pollution Prevention Plan (SWPPP) Developer (QSD), will determine what would be the best course of action to comply with the latest State NPDES General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activi ties Order No. 2009 - 0009- DWQ. If the Contractor's QSD determines a SWPPP is the best course of action, it shall be the responsibility of the Contractor and their QSD to submit to Construction Management a completed SWPPP for review. Upon acceptance of the SWPPP document by Construction Management, the QSD shall prepare a Notice of Intention (NOI) application in the SWQCB's SMARTS System and upload all necessary documents and maps to be approved by the Legally Responsible Person (LRP). Until a written approval of the SWPPP has been obtained from the SWQCB, no construction activity shall commence on the project site. Upon obtaining written approval of the SWPPP, it shall be the responsibility of the Contractor to implement the SWPPP.
Throughout the course of the project, the Contractor's Qualified SWPPP Practitioner (QSP) shall conduct periodic inspections, testing, a ny reporting on the SMARTS System as well as coordinate with the QSD to update the SWPPP as necessary. At the conclusion of construction, it shall be the responsibility of the Contractor and his or her QSD/QSP to ensure Annual Report(s) have been prepared on the SMARTS System as well as prepare the Notice of Termination (NOT) for City's approval. The Contractor shall keep a copy of the approved SWPPP, and amendments thereto, at the job site and in the general business office of the Contractor. In addition, the Contractor shall make available to Construction Management copies of all amendments to the SWPPP as prepared by the Contractor. The SWPPP shall be made available upon request of a representative of the Fresno Metropolitan Flood Control District, Regional Water Quality Control Board, State Water Resources Control Board or U. S.
Environmental Protection Agency. Requests by the public shall be directed to the Engineer.
If the Contractor and/or his/her QSD determines that a SWPPP is not necessary, then it shall be the responsibility of the Contractor to provide a list of Best Management Practices (BMP) ITEM 7
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that are to be implemented during the Work to Construction Management. The Contractor shall implement the BMP in a timely manner and maintain throughout the duration of the project. The Contractor shall keep a copy of the BMP list and any modification to the list at the job site and in the general business office of the Contractor. In addition, the Contractor shall make available to the City copies of all modifications to the BMP list. The BMP list shall be made available upon request of a representative of the Fresno Metropolitan Flood Control District, Regional Water Quality Control Board, State Water Resources Control Board or U. S. Environmental Protection Agency. Requests by the public shall be directed to Construction Management.
Notice of violation and/or fines for any non -compliance will be the responsibility of the Contractor.
Manage work activities to reduce the discharge of pollutants to surface waters, groundwater, or municipal separate storm sewer systems including work items shown in the Bid Item List for:
1. Prepare Storm Water Pollution Prevention Plan. SWPPP preparation includes obtaining SWPPP approval, amending the SWPPP, preparing a CSMP and a SAP, and monitoring and inspecting WPC practices at the job site.
2. Storm Water Annual Report. Storm Water Annual Report preparation includes certifications, monitoring and inspection results, and obtaining Storm Water Annual Report acceptance.
3. Storm Water Sampling and Analysis Day. Storm Water Sampling and Analysis Day includes reporting of storm water quality per qualifying rain event. If specified for the risk level, the work includes preparation, collection, analysis, and reporting of storm water samples for turbidity, pH, and other constituents.
4. Rain Event Action Plan. If specified for the project risk level, REAP preparation includes preparing and submitting REAP forms and monitoring weather forecasts.
Do not start work until:
1. SWPPP is approved by the City.
2. SWPPP is uploaded onto the SMART System.
3. WDID is issued.
4. SWPPP review requirements have been fulfilled. If the RWQCB requires time for SWPPP review, allow 30 days for the RWQCB to review the SWPPP as specified under "Submittals" of these special provisions.
This project is anticipated to be Risk Level 1.
Definitions and Abbreviations
active and inactive areas: (1) Active areas have soil disturbing work activities occurring at least once within 14 days, and (2) Inactive areas are areas that have not been disturbed for at least 15 days.
BMPs: Best Management Practices are water pollution control practices. construction phase: Construction phases are (1) Highway Construction including work activities for building roads and structures, (2) Plant Establishment including maintenance on vegetation installed for final stabilization, and (3) Suspension where work activities are suspended and areas are inactive.
CSMP: Construction Site Monitoring Program.
NAL: Numeric Action Level.
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NEL: Numeric Effluent Limit.
NPDES: National Pollutant Discharge Elimination System.
NOI: Notice of Intent.
Normal working hours: The hours you normally work on this project.
Preparation Manual: The Department's "Storm Water Pollution Prevention Plan and Water Pollution Control Program Preparation Manual."
QSD: Qualified SWPPP Developer.
QSP: Qualified SWPPP Practitioner.
Qualified rain event: A qualified rain event is a storm that produces at least 0.5 inch of precipitation with a 48 hour or greater period between storms.
REAP: Rain Event Action Plan.
RWQCB: Regional Water Quality Control Board.
SAP: Sampling and Analysis Plan.
SSC: Suspended Sediment Concentration.
SWRCB: State Water Resources Control Board. SWPPP: Storm Water Pollution Prevention Plan. WDID: Waste Discharge Identification Number. WPC: Water Pollution Control.
WPC Manager: Water Pollution Control Manager. The WPC Manager implements water pollution control work described in the SWPPP and oversees revisions and amendments to the SWPPP.
Submittals
Within 20 days after contract approval, start the following process for SWPPP approval:
1. Submit 3 copies of the SWPPP and allow 20 days for the Engineer's review. If revisions are required, the Engineer provides comments and specifies the date that the review stopped.
2. Change and resubmit the SWPPP within 15 days of receipt of the Engineer's comments.
The Engineer's review resumes when the complete SWPPP is resubmitted.
3. When the Engineer approves the SWPPP, submit an electronic and 4 printed copies of the approved SWPPP.
4. If the RWQCB reviews the approved SWPPP, the Engineer submits one copy of the approved SWPPP to the RWQCB for their review and comment. RWQCBs requiring time to review SWPPPs include:
5. If the Engineer requests changes to the SWPPP based on RWQCB comments, amend the SWPPP within 10 days.
Submit:
1. Storm water training records including training dates and subjects for employees and subcontractors. Include dates and subjects for ongoing training, including tailgate meetings.
2. Employee training records.
2.1. Within 5 days of SWPPP approval for existing employees
2.2. Within 5 days of training for new employees
2.3. At least 5 days before subcontractors start work for subcontractor's employees
Prepare a Storm Water Annual Report for the reporting period from July 1st to June 30th. For the prior reporting period, submit the report no later than July 15th if construction occurs from July 1st through June 30th or within 15 days after contract acceptance if construction ends before June 30th.
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Submit the Storm Water Annual Report as follows:
1. Submit 2 copies of the Storm Water Annual Report and allow 10 days for the Engineer's review. If revisions are required, the Engineer provides comments and specifies the date that the review stopped.
2. Change and resubmit the Storm Water Annual Report within 5 days of receipt of the Engineer's comments. The Engineer's review resumes when the complete Storm Water Annual Report is resubmitted.
3. When the Engineer accepts the Storm Water Annual Report, insert the WPC Manager's signed certification and the Engineer's signed certification.
Submit one electronic copy and 2 printed copies of the accepted Storm Water Annual Report.
Submit as required:
1. NAL Exceedance Reports
2. NEL Exceedance Reports
3. Visual Monitoring Reports
4. Inspection Reports
5. BMP Status Report
At least 5 days before operating any construction support facility, submit:
1. A plan showing the location and quantity of WPC practices associated with the construction support facility
2. A copy of the NOI approved by the RWQCB and the SWPPP approved by the RWQCB if you will be operating a batch plant or a crushing plant under the General Industrial Permit Quality Control and Assurance Training
Provide storm water training for:
1. Project managers
2. Supervisory personnel
3. Employees involved with WPC work
Train all employees, including subcontractor's employees, in the following subjects:
1. WPC rules and regulations
2. Implementation and maintenance for:
2.1. Temporary Soil Stabilization
2.2. Temporary Sediment Control
2.3. Tracking Control
2.4. Wind Erosion Control
2.5. Material pollution prevention and control
2.6. Waste management
2.7. Non-storm water management
2.8. Identifying and handling hazardous substances
2.9. Potential dangers to humans and the environment from spills and leaks or exposure to toxic or hazardous substances
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Employees must receive initial WPC training before working on the job site. Conduct weekly training meetings covering:
1. WPC BMP deficiencies and corrective actions
2. BMPs that are required for work activities during the week
3. Spill prevention and control
4. Material delivery, storage, use, and disposal
5. Waste management
6. Non-storm water management procedures
Training for personnel to collect water quality samples must include:
1. SAP review
2. Health and safety review
3. Sampling simulations
A Storm Water Information Handout has been prepared for this contract and is available as described in "Supplemental Project Information" of these special provisions.
If you operate construction support facilities, protect storm water systems or receiving waters from the discharge of potential pollutants by using WPC practices.
Construction support facilities include:
1. Staging areas
2. Storage yards for equipment and materials
3. Mobile operations
4. Batch plants for PCC and HMA
5. Crushing plants for rock and aggregate
6. Other facilities installed for your convenience such as haul roads If you operate a batch plant to manufacture PCC, HMA, or other material; or a crushing plant to produce rock or aggregate; obtain coverage under the General Industrial General Permit. You must be covered under the General Industrial Permit for batch plants and crushing plants located:
1. Outside of the job site
2. Within the job site that serve one or more contracts Discharges from manufacturing facilities such as batch plants must comply with the general waste discharge requirements for Order No. 97 -03-DWQ, NPDES General Permit No. CAS000001, issued by the SWRCB for "Discharge of Stormwater Associated with Industrial Activities Excluding Construction Activities." For the General Industrial Permit, go to:
http://www.waterboards.ca.gov/
You may obtain copies of the Preparation Manual from the Publication Distribution Unit. The mailing address for the Publication Distribution Unit is:
State of California
Department of Transportation
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Publication Distribution Unit
1900 Royal Oaks Drive
Sacramento, California 95815
Telephone: (916) 445-3520
The Preparation Manual and other WPC references are available at the Department's "Construction Storm Water and Water Pollution Control" Web site. For the Web site, go to:
http://www.dot.ca.gov/hq/construc/stormwater/stormwater1.htm Water Pollution Control Manager
Assign one WPC Manager to implement the SWPPP. The WPC Manager must comply with the Permit qualifications for a QSP and a QSD. You may assign a different QSD to prepare the SWPPP.
The QSD must have the following qualifications:
1. Department approved storm water management training described in the Department's "Construction Storm Water and Water Pollution Control" web site
2. Registration or certification described in the Permit The QSP must meet the qualifications of the QSD or have the following certifications:
1. Department approved storm water management training described in the Department's "Construction Storm Water and Water Pollution Control" web site
2. Certification described in the Permit
At the job site, the WPC Manager must:
1. Be responsible for WPC work
2. Be the primary contact for WPC work
3. Oversee the maintenance of WPC practices
4. Oversee and enforce hazardous waste management practices
5. Have the authority to mobilize crews to make immediate repairs to WPC practices
6. Ensure that all employees have current water pollution control training
7. Implement the approved SWPPP and amend the SWPPP when required WPC Manager must oversee:
1. Inspections of WPC practices identified in the SWPPP
2. Inspections and reports for visual monitoring
3. Preparation and implementation of REAPs
4. Sampling and analysis
5. Preparation and submittal of:
5.1. NAL exceedance reports
5.2. NEL exceedance reports
5.3. SWPPP annual certification
5.4. Annual reports
5.5. BMP status reports
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STORM WATER POLLUTION PREVENTION PLAN (SWPPP)
General
SWPPP work includes preparing a SWPPP including a CSMP, obtaining SWPPP approval, amending the SWPPP, inspecting and reporting on WPC practices at the job site. The SWPPP must comply with the Preparation Manual and the Permit. The SWPPP must be submitted in place of the water pollution control program under Section 13-2, "Water Pollution Control Program," of the Standard Specifications.
Additional WPC work will be paid for as extra work under Section 4 -1.05, "Changes and Extra Work," of the Standard Specifications.
The SWPPP must include sections as specified for the project risk level as follows:
1. For risk level 1:
1.1. Schedule
1.2. CSMP
2. For risk level 2:
2.1. Schedule
2.2. CSMP
2.3. Adherence to Effluent Standards for NALs
2.4. REAP
3. For risk level 3:
3.1. Schedule
3.2. CSMP
3.3. Adherence to Effluent Standards for NALs and NELs
3.4. REAP
The SWPPP must include WPC practices for:
1. Storm water and non-stormwater from areas outside of the job site related to project work activities such as:
1.1. Staging areas
1.2. Storage yards
1.3. Access roads
2. Activities or mobile operations related to contractor obtained NPDES permits
3. Construction support facilities
The SWPPP must include a copy of permits obtained by the Department such as Fish & Game permits, US Army Corps of Engineers permits, RWQCB 401 Certifications, and RWQCB Waste Discharge Requirements for Aerially Deposited Lead Reuse.
Amend the SWPPP annually and resubmit it by July 15th. Amend the SWPPP if:
1. Changes in work activities could affect the discharge of pollutants
2. WPC practices are added by change order work
3. WPC practices are added at your discretion
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4. Changes in the amount of disturbed soil are substantial
5. Objectives for reducing or eliminating pollutants in storm water discharges have not been achieved
6. There is a Permit violation
Whenever you amend the SWPPP, follow the same process specified for SWPPP approval.
Retain a printed copy of the approved SWPPP at the job site.
SWPPP Schedule
The SWPPP schedule must:
1. Describe when work activities will be performed that could cause the discharge of pollutants into storm water
2. Describe WPC practices associated with each construction phase
3. Identify soil stabilization and sediment control practices for disturbed soil areas Construction Site Monitoring Program (CSMP)
General
The QSD must prepare a CSMP as part of the SWPPP. The CSMP must be developed before starting work and be revised to reflect current construction activities as necessary.
The CSMP must include sections for the project risk level as follows:
1. For risk level 1:
1.1. Visual Monitoring
1.2. SAP for Non-Visible Pollutants
2. For risk level 2:
2.1. Visual Monitoring
2.2. SAP for Non-Visible Pollutants
2.3. SAP for sediment and turbidity
2.4. SAP for pH
3. For risk level 3:
3.1. Visual Monitoring
3.2. SAP for Non-Visible Pollutants
3.3. SAP for sediment and turbidity
3.4. SAP for pH
3.5. SAP for receiving waters
3.6. SAP for temporary active treatment systems
Visual Monitoring
The WPC Manager must oversee the performance of visual inspections for qualifying rain events.
For each qualifying rain event, perform visual inspections and record observations during normal working hours as follows:
1. Record the time, date, and rain gauge reading
2. Observe:
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2.1. Within 2 days before the storm:
2.1.1 Drainage areas for spills, leaks, or uncontrolled pollutants
2.1.2 Proper implementation of WPC practices
2.1.3 Storm water storage areas for leaks and adequate freeboard
2.2. Every 24 hours during the storm:
2.2.1 WPC practices for effective operation
2.2.2 WPC practices needing maintenance and repair
2.3. Within 2 days after the storm event:
2.3.1. Discharge locations
2.3.2. WPC practices to evaluate the design, implementation, and effectiveness
2.3.3. To identify where additional WPC practices may be needed.
Perform non-stormwater discharge visual inspections as follows:
1. At least once during each of the following periods:
1.1. January through March
1.2. April through June
1.3. July through September
1.4. October through December
2. Observe flowing and contained storm water for the presence of floating and suspended materials, sheen on the surface, discoloration, turbidity, odors, and sources of observed pollutants
3. Observe the job site for the presence of authorized and unauthorized non -stormwater discharges and their sources
The WPC Manager must prepare visual inspection reports that include the following:
1. Name of personnel performing the inspection, inspection date, and date inspection report completed
2. Storm and weather conditions
3. Locations and observations
4. Corrective actions taken
Maintain visual inspections reports at the job site as part of the SWPPP.
Sampling and Analysis Plan (SAP)
General
Include a SAP in the CSMP to monitor the effectiveness of WPC practices. The SAP must comply with the Preparation Manual.
Assign trained personnel to collect water quality samples. Document their training in the SAP.
Describe the following water quality sampling procedures in the SAP:
1. Sampling equipment
2. Sample preparation
3. Collection
4. Field measurement methods
5. Analytical methods
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6. Quality assurance and quality control
7. Sample preservation and labeling
8. Collection documentation
9. Sample shipping
10. Chain of custody
11. Data management and reporting
12. Precautions from the construction site health and safety plan
13. Laboratory selection and certifications
Whenever assigned field personnel take samples, comply with the equipment manufacturer's recommendation for collection, analysis methods, and equipment calibration.
Samples taken for laboratory analysis must follow water quality sampling procedures and be analyzed by a State -certified laboratory under 40 CFR Part 136, "Guidelines Establishing Test Procedures for the Analysis of Pollutants."
The SAP must identify the State-certified laboratory, sample containers, preservation requirements, holding times, and analysis method. For a list of State-certified laboratories, go to:
http://www.cdph.ca.gov/certlic/labs/Pages/ELAP.aspx
Include procedure for sample collection during precipitation.
Retain water quality sampling documentation and analytical results with the SWPPP at the job site.
Show pollutant sampling locations on SWPPP drawings.
If discharges or sampling locations change because of changed work activities or knowledge of site conditions, amend the SAP.
If the project is risk level 2 or risk level 3, include procedures for collecting and analyzing at least 3 samples for each day of each qualifying rain event. Describe the collection of effluent samples at all locations where the storm water is discharged off-site.
Analytical Results and Evaluation
Submit an electronic copy (in file format .xls, .txt, .csv, .dbs, or .mdb) and a printed copy of water quality analytical results, and quality assurance and quality control within 48 hours of field analysis sampling, and within 30 days for laboratory analy sis. Also provide an evaluation of whether the downstream samples show levels of the tested parameter that are higher than the control sample.
Electronic water quality analysis results must have the following information:
1. Sample identification number
2. Contract number
3. Constituent
4. Reported value
5. Analytical method
6. Method detection limit
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7. Reported limit
SAP for Non-Visible Pollutants
The SAP must include a description of the sampling and analysis strategy for monitoring non- visible pollutants.
The SAP must identify potential non-visible pollutants present at the job site associated with any of the following:
1. Construction materials and waste
2. Existing contamination due to historical site usage
3. Application of soil amendments, including soil stabilization materials, with the potential to change pH or contribute toxic pollutants to storm water SWPPP drawings must show the locations planned for storage and use of potential non -visible pollutants.
The SAP must include sampling procedures for the following conditions when observed during a storm water visual inspection. For each of the following, collect at least one sample for each qualifying storm event:
1. Materials or waste containing potential non-visible pollutants that are not stored under watertight conditions
2. Materials or waste containing potential non -visible pollutants that are stored under watertight conditions, but a breach, leakage, malfunction, or spill is observed; the leak or spill has not been cleaned up before precipitation; and material or waste coul d discharge non-visible pollutants to surface waters or drainage system
3. Chemical applications, including fertilizer, pesticide, herbicide, methyl methacrylate concrete sealant, or non-pigmented curing compound used during precipitation or within 24 hours preceding precipitation, and could discharge pollutants to surface waters or drainage system
4. Applied soil amendments, including soil stabilization materials that could change pH levels or contribute toxic pollutants to storm water runoff and discharge pollutants to surface waters or drainage system, unless available independent test data indicates acceptable concentrations of non-visible pollutants in the soil amendment
5. Storm water runoff from an area contaminated by historical usage of the site that could discharge pollutants to surface waters or drainage systems The SAP must provide sampling procedures and schedule for:
1. Sample collection during the first 2 hours of each rain event that generate runoff
2. Sample collection during normal working hours
3. Each non-visible pollutant source
4. Uncontaminated control sample
The SAP must identify locations for sampling downstream and control samples, and reasons for selecting those locations. Select control sample locations where the sample will not come in contact with materials, waste, or areas associated with potential non -visible pollutants or disturbed soil areas.
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SAP for Sediment and Turbidity
If the project is risk level 2 or risk level 3, sample and analyze for turbidity:
Parameter Test Method Detection Limit
(Min)
Unit
Turbidity Field test with calibrated
portable instrument
1 NTU
If the project is risk level 3 and the turbidity NEL has been exceeded, sample and analyze for SSC:
Parameter Test Method Detection Limit
(Min)
Unit
SSC ASTM Method D3977-97 5 Mg/L
SAP for pH
If the project is risk level 2 or risk level 3, sample and analyze for pH:
Parameter Test Method Detection Limit
(Min)
Unit
pH Field test with calibrated
portable instrument
0.2 pH units
SAP for Receiving Waters
If the project is risk level 3, describe procedures for obtaining samples from representative and accessible locations:
1. Upstream of the discharge point
2. Downstream of the discharge point
Show receiving water sampling locations on SWPPP drawings.
If there are several discharge points, describe procedures for obtaining samples from a single upstream and a single downstream location.
Rain Event Action Plan (REAP)
REAP work includes preparing and submitting REAP forms and monitoring weather forecasts. The WPC Manager must submit a REAP to protect the job site at least 48 hours before a predicted rain event.
Prepare a REAP when the National Weather Service is predicting at least a 50 percent probability of precipitation within 72 hours.
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For the REAP, use approved forms and include:
1. Site location
2. Risk level
3. Contact information including 24-hour emergency phone numbers for:
3.1. WPC Manager
3.2. Erosion and sediment control providers or subcontractors
3.3. Storm water sampling providers or subcontractors
4. Storm Information
5. Construction phase information for:
5.1. Highway Construction including active and inactive areas for work activities for building roads and structures
5.2. Plant Establishment including maintenance on vegetation installed for final stabilization where areas are inactive
5.3. Suspension where work activities are suspended and areas are inactive
6. Construction phase information including:
6.1. Construction activities
6.2. Subcontractors and trades on the job site
6.3. Pre-storm activities including:
6.3.1. Responsibilities of the WPC Manager
6.3.2. Responsibilities of the crew and crew size
6.3.3. Stabilization for active and inactive disturbed soil areas
6.3.4. Stockpile management
6.3.5. Corrective actions taken for deficiencies identified during pre-storm visual inspection
6.4. Activities to be performed during storm events including:
6.4.1. Responsibilities of the WPC Manager
6.4.2. Responsibilities of the crew and crew size
6.4.3. BMP maintenance and repair
6.5. Description of flood contingency measures
You must have the REAP onsite at least 24 hours before a predicted rain event. A printed copy of each REAP must be at the job site as part of the SWPPP
Implement the REAP including mobilizing crews to complete activities no later than 24 hours before precipitation occurs.
IMPLEMENTATION REQUIREMENTS
SWPPP Implementation
Obtain, install, and maintain a rain gauge at the job site. Observe and record daily precipitation.
Monitor the National Weather Service Forecast Office on a daily basis. For forecasts, go to:
http://www.srh.noaa.gov/forecast
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Whenever you or the Engineer identifies a deficiency in the implementation of the approved SWPPP:
1. Correct the deficiency immediately, unless the Engineer agrees to a later date for making the correction
2. Correct the deficiency before precipitation occurs
If you fail to correct the deficiency by the agreed date or before the onset of precipitation, the Department may correct the deficiency and deduct the cost of correcting the deficiency from payment.
Continue SWPPP implementation during any temporary suspension of work activities.
Install WPC practices within 15 days or before predicted precipitation, whichever occurs first.
Numeric Action Levels (NALs)
If the project is risk level 2 or risk level 3, then it is subject to NALs:
Parameter Test Method Detection
Limit (Min)
Unit Numeric Action Limit
pH Field test calibrated
with portable
instrument
0.2 pH units Lower NAL = 6.5 Upper
NAL = 8.5
Turbidity Field test calibrated
with portable
instrument
1 NTU 250 NTU
Numeric Effluent Limits (NELs)
If the project is risk level 3, then it is subject to NELs:
Parameter Test Method Detection
Limit (Min)
Unit Numeric Effluent Limit
pH Field test calibrated
with portable
instrument
0.2 pH units Lower NEL = 6.0 Upper
NEL = 9.0
Turbidity Field test calibrated
with portable
instrument
1 NTU 500 NTU
The storm event daily average for storms up to the 5-year, 24-hour storm, must not exceed the NEL for turbidity.
The daily average sampling results must not exceed the NEL for pH.
Storm Water Sampling and Analysis Day
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Storm Water Sampling and Analysis Day work includes preparation, collection, analysis, and reporting of storm water samples for turbidity, pH, and other constituents. If the project is risk level 2 or risk level 3, and there is a qualified rain event that produces runoff, comply with the project's SAP for preparation, collection, analysis, and reporting of storm water samples. Collect:
1. Samples for each non -visible pollutant source and a corresponding uncontaminated control sample
2. Samples for turbidity, pH, and other constituents as specified
3. At least 3 samples for each day of each qualifying rain event
4. Samples for all locations where the storm water is discharged off-site Perform sample collection during:
1. First 2 hours of each qualified rain event that produces runoff
2. Normal working hours
If the project is risk level 3, obtain receiving water samples.
You are not required to physically collect samples during dangerous weather conditions such as flooding or electrical storms.
If downstream samples show increased levels, assess WPC practices, site conditions, and surrounding influences to determine the probable cause for the increase.
Inspection
The WPC Manager must oversee inspections for WPC practices identified in the SWPPP:
1. Before a forecasted storm
2. After precipitation that causes site runoff
3. At 24-hour intervals during extended precipitation
4. On a predetermined schedule, a minimum of once a week The WPC Manager must oversee daily inspections of:
1. Storage areas for hazardous materials and waste
2. Hazardous waste disposal and transporting activities
3. Hazardous material delivery and storage activities
4. WPC practices specified under "Construction Site Management" of these special provisions
The WPC Manager must use the Storm Water Site Inspection Report provided in the Preparation Manual.
The WPC Manager must prepare BMP status reports that include the following:
1. Location and quantity of installed WPC practices
2. Location and quantity of disturbed soil for the active or inactive areas Within 24 hours of finishing the weekly inspection, the WPC Manager must submit:
1. Copy of the completed site inspection report
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2. Copy of the BMP status report
REPORTING REQUIREMENTS
Storm Water Annual Report
Storm Water Annual Report work includes certifications, monitoring and inspection results, and obtaining Storm Water Annual Report acceptance. The WPC Manager must prepare a Storm Water Annual Report. The report must:
1. Use an approved report format
2. Include project information including description and location
3. Include storm water monitoring information including:
3.1. Summary and evaluation of sampling and analysis results including laboratory reports
3.2. Analytical methods, reporting units, detections limits for analytical parameters
3.3. Summary of corrective actions
3.4. Identification of corrective actions or compliance activities that were not implemented
3.5. Summary of violations
3.6. Names of individuals performing storm water inspections and sampling
3.7. Logistical information for inspections and sampling including location, date, time, and precipitation
3.8. Visual observations and sample collection records
4. Include documentation on training for:
4.1. Individuals responsible for NPDES permit compliance
4.2. Individuals responsible for BMP installation, inspection, maintenance, and repair
4.3. Individuals responsible for preparing, revising, and amending the SWPPP NAL Exceedance Report
If the project is risk level 2 or risk level 3 and an effluent sample exceeds a NAL, notify the Engineer and submit a NAL Exceedance Report no later than 48 hours after the conclusion of the storm event. The report must:
1. Include the following field sampling results and inspections:
1.1. Analytical methods, reporting units, and detection limits
1.2. Date, location, time of sampling, visual observation and measurements
1.3. Quantity of precipitation of the storm event
2. Description of BMPs and corrective actions taken to manage NAL exceedance NEL Violation Report
If the project is risk level 3 and an NEL is exceeded, notify the Engineer and submit a NEL Violation Report within 6 hours. The report must:
1. Include the following field sampling results and inspections:
1.1. Analytical methods, reporting units, and detection limits
1.2. Date, location, time of sampling, visual observations and measurements
1.3. Quantity of precipitation of the storm event
2. Description of BMPs and corrective actions taken to manage NEL exceedance ITEM 7
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If the project is risk level 2 or risk level 3, submit all sampling results to the Engineer no later than 48 hours after the conclusion of a storm event.
PAYMENT
The contract lump sum price paid for “Water Pollution Control” includes full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in street sweeping, including disposal of collected material, as shown on the plans, as specified in the Standard Specifications, these special provisions, and as directed by the Engineer.
The contract lump sum price paid for prepare storm water pollution prevention plan includes full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in preparing, obtaining approval of, an d amending the SWPPP and CSMP, inspecting water pollution control practices, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer.
The City does not adjust payment for an increase or decrease in the quantity of storm water sampling and analysis day.
You may request or the Engineer may order laboratory analysis of storm water samples. Laboratory analysis of storm water samples will be paid for as extra work under Section 4- 1.05D, "Extra Work," of the State Standard Specifications.
The City does not pay for the preparation, collection, laboratory analysis, and reporting of storm water samples for non-visible pollutants if WPC practices are not implemented before precipitation or if a failure of a WPC practice is not corrected before precipitation.
The City does not pay for implementation of WPC practices in areas outside the highway right- of- way not specifically provided for in the plans or in the special provisions.
The City does not pay for WPC practices installed at your construction support facilities.
WPC practices for which there are separate bid items of work are measured and paid for as those bid items of work.
STREET SWEEPING
This work includes street sweeping.
The SWPPP must describe and include the use of street sweeping as a water pollution control practice for sediment control and tracking control.
Submittals
At least 5 business days before starting clearing and grubbing, earthwork, or other activities with the potential for tracking sediment or debris, submit:
1. Number of sweepers described in the SWPPP
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2. Type of sweeper technology
Quality Control and Assurance
Retain and submit records of street sweeping including:
1. Quantity of sweeping waste disposal
2. Sweeping times and locations
CONSTRUCTION
Street Sweepers
Sweepers must use one of these technologies:
1. Mechanical sweeper followed by a vacuum-assisted sweeper
2. Vacuum-assisted dry (waterless) sweeper
3. Regenerative-air sweeper
Operation
Street sweeping must be done at:
1. Paved roads at job site entrance and exit locations
2. Paved areas within the job site that flow to storm drains or water bodies Street sweeping must be done:
1. During clearing and grubbing activities
2. During earthwork activities
3. During trenching activities
4. During roadway structural section activities
5. When vehicles are entering and leaving the job site
6. After soil disturbing activities
7. After observing offsite tracking of material
Monitor paved areas and roadway within the jobsite. Street sweeping must be done:
1. Within 1 hour, if sediment or debris is observed during activities that require sweeping
2. Within 24 hours, if sediment or debris is observed during activities that do not require sweeping
At least 1 sweeper must be on the job site at all times when sweeping work is required. The sweeper must be in good working order.
Perform street sweeping to minimize dust. If dust generation is excessive or sediment pickup is ineffective, use water or a vacuum.
You may stockpile collected material on the jobsite according to the approved SWPPP. Dispose of collected material at least once per week.
Material collected during street sweeping must be removed and disposed of under Section 7-1.13, "Disposal of Material Outside the Street Right of Way," of the Standard Specifications.
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Your WPCM must inspect paved roads at job site access points:
1. Daily if earthwork and other sediment or debris generating activities occur daily
2. Weekly if earthwork and other sediment or debris generating activities do not occur daily
3. When the National Weather Service predicts precipitation with a probability of at least 30 percent
The contract lump sum price paid for “Street Sweeping” includes full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in street sweeping, including disposal of collected material, as shown on the plans, as specified in the Standard Specifications, these special provisions, and as directed by the Engineer.
SURVEYING SERVICES
The Contractor will arrange for performance of survey work and construction layout and will be responsible for the accuracy of surveying adequate for construction. The selection of a Surveyor by the Contractor will be subject to approval by the Engineer. T he Contractor shall preserve construction survey stakes and marks for the duration of their usefulness. If any construction survey stakes are lost or disturbed and need to be replaced, such replacement shall be by the Surveyor at the expense of the Contractor. The Contractor will dig all holes necessary for line and grade stakes.
Full cost of providing surveys shall be borne exclusively by the Contractor.
Payment for "Surveying Services," shall be at the contract lump sum price as set forth in the proposal and shall include all labor, materials, tools, equipment, and all work necessary for the completion of this item.
MONUMENTATION
As of the date of the start of Notice to Proceed (NTP), the contractor shall comply with preservation of all survey monuments as shown on record maps and on the project plan of the job site.
As required in the Business and Professional Code Section §8771, when monuments exist that control the location of subdivisions, tracts, boundaries, roads, streets, or highways, or provide horizontal or vertical survey control, the monuments shall be located and referenced by or under the direction of a licensed land surveyor or registered civil engineer prior to the time when any streets, highways, other rights -of-way, or easements are improved, constructed, reconstructed, maintained, resurfaced, or relocated, and a corner record or record of survey of the references shall be filed with the county surveyor prior to any construction.
The decision to file either the required corner record or a record of survey pursuant to subdivision shall be at the election of the licensed land surveyor or registered civil engineer submitting the document.
If a survey monument is destroyed after the NTP, the Contractor shall be responsible for the replacement of the monument.
A survey monument will be considered destroyed that has been:
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• Moved more than 0.02 ft in any direction from the ties provided by and certified by a Licensed Land Surveyor
• Broken.
• Disturbed to a point that the survey monument’s position is no longer fixed or stable. • Removed from the ground for any reason.
• Vertically adjusted without the written authorization of the City Engineer.
Adjustment of survey monuments shall be completed under the direction of a Land Surveyor or a Registered Engineer licensed to practice in the State of California. The City Engineer or the City Surveyor shall be provided with the final positional data (both horizontal and/or vertical), along with certification by the Land Surveyor licensed by the State of California supervising the work that the position of adjusted monument meets the specification that the horizontal position is maintained within 0.01 ft of the original position of the monument and/or that the vertical position shall be within
0.006 ft relative to the measured difference between the original and the final adjusted vertical position of the monument. A corner record or record of survey shall be filed with the county surveyor to satisfy Business and Professional Code Section §8771.
DESTROYED SURVEY MONUMENT
Any survey monument that is destroyed after the date of the start of work, and the responsible party is unclear or not determinable, the monument shall be replaced by the City of Ceres, unless otherwise approved by the City Engineer, and there shall be a $2,000.00 deduction from the cost of the contract in favor of the City of Ceres.
REMOVE EXISTING SURVEY MONUMENT
This shall include the cost of: removing, cleaning and storing existing monument, frame and cover; making arrangement for pickup; and disposal of damaged or unusable monument, frame and cover.
INSTALL NEW MONUMENT FRAME AND COVER
This shall include the cost of purchasing and installing the new frame and cover; removing and disposing existing frame and cover.
RESET EXISTING MONUMENT FRAME AND COVER
This shall include the cost of removing, cleaning, and resetting existing frame and cover.
VERTICAL ADJUSTMENT OF EXISTING SURVEY MONUMENT
This shall include the cost of: removing, cleaning, and reinstalling existing frame and cover; reestablishing the point of elevation and the theoretical position value. The price shall also include the filing of all necessary documents with the proper agencies.
Where all or part of a project is within the City of Ceres limits, the Contractor shall adhere to the City of Ceres Survey Monument Specification – M-02 - SURVEY MONUMENTATION for those monuments that are part of the project within the city limits.
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Payment will be made only if monument(s) may be affected by the proposed work, and then only for ordinary and necessary expenses of compliance with this section. Payment for “Monumentation” shall be at each unit price as set forth in the proposal and shall include all labor, materials, tools, equipment, and all work necessary for the completion of this item.
PORTABLE CHANGEABLE MESSAGE SIGNS
The contractor shall furnish and maintain four (4) changeable message signs.
GENERAL
Summary
Work includes furnishing, placing, operating, maintaining, and removing portable changeable message signs.
Comply with Section 12-3.32 "Portable Changeable Message Signs," of the Standard Specifications.
Definitions
useable shoulder area: Paved or unpaved contiguous surface adjacent to the traveled way with:
1. Sufficient weight bearing capacity to support portable changeable message sign
2. Slope not greater than 6:1 (horizontal:vertical)
Submittals
Upon request, submit a Certificate of Compliance for each portable changeable message sign under Section 6-2.03C, "Certificates of Compliance," of the Standard Specifications.
Quality Control and Assurance
Comply with the manufacturer's operating instructions for portable changeable message sign. Approaching drivers must be able to read the entire message for all phases at least twice at the posted speed limit before passing portable changeable message sign. You may use more than 1 portable changeable message sign to meet this requirement.
Only display the message shown on the plans or ordered by the Engineer or specified in these special provisions.
MATERIALS
Portable changeable message sign must have 24-hour timer control or remote control capability.
The text of the message displayed on portable changeable message sign must not scroll, or travel horizontally or vertically across the face of the message panel.
CONSTRUCTION
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Continuously repeat the entire message in no more than 2 phases of at least 3 seconds per phase. If useable shoulder area is at least 15 feet wide, the displayed message on portable changeable message sign must be minimum 18-inch character height. If useable shoulder area is less than 15 feet wide, you may use a smaller message panel with minimum 12-inch character height to prevent encroachment in the traveled way.
Start displaying the message on portable changeable message sign 15 minutes before closing the lane. Place portable changeable message sign in advance of the first warning sign for:
1. Each stationary lane closure
For 5 days starting on the day of signal activation, place 1 portable changeable message sign in each direction of travel and display the message, "SIGNAL AHEAD -- PREPARE TO STOP." Place portable changeable message sign as far from the traveled way as practicable where it is legible to traffic and does not encroach on the traveled way. Place portable changeable sign before or at the crest of vertical roadway curvature where it is visible to approaching traffic. Avoid placing portable changeable message sign within or immediately after horizontal roadway curvature. Where possible, place portable changeable message sign behind guardrail or temporary railing (Type K).
Except where placed behind guardrail or temporary railing (Type K) use traffic control for shoulder closure to delineate portable changeable message sign.
Remove portable changeable message sign when not in use.
MEASUREMENT AND PAYMENT
Payment for "Portable Changeable Message Signs,” shall be at the contract unit price as set forth in the proposal and shall include all labor, materials, tools, equipment, and all work necessary for the completion of this item.
Portable changeable message signs ordered by the Engineer in excess of the number shown on the plans or specified in these special provisions will be paid for as extra work under Section 4-1.05, "Changes and Extra Work," of the Standard Specifications.
AS-BUILT DRAWINGS
Record Drawings shall be submitted before the notice of completion is filed and must include the following:
• Shall be submitted on Mylar, at least 24”x 36”, and shall bear the name, address, telephone number of the firm preparing the drawings and in electronic (AutoCAD) format. • Surveyor’s/Engineers statement (with embossed or wet seal and with and original signature on each sheet) shall verify the as-built drawings reflect the true conditions in the field. • Contractor’s statement (with original signature on each sheet) shall verify all construction specifications and product qualities have been met or exceeded. • “AS-BUILT DRAWINGS” or “RECORD DRAWINGS” shall be clearly labeled on each sheet.
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• The location and elevation of the benchmark referenced will be shown on the drawing. • Corrected placement, grade, elevation and alignment of roads, water system, sewer and storm system, lighting system and appurtenances, pipe sizes, material changes, shall all be shown on as-built drawing.
• All horizontal distances shall be shown to the nearest tenth of a foot (0.1’). All elevations shall be shown to the nearest five hundredths of a foot (0.05’).
Full compensation for conforming to the requirements of this section shall be considered as included in the price paid for the various contract items of work involved and no additional compensation will be made.
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BYPASS PUMPING
Contractor shall provide temporary pumping equipment to maintain sanitary sewer flow during construction of the project. The normal pump rate is approximately 1440 GPM. The temporary pumping equipment shall consist of a main pump and a backup pump each capable of pumping 1440 gallons per minute. The inlet of the pump shall be at the upstream manhole from the upstream manhole to be connected to and discharge into the downstream manhole from the downstream manhole to be connected to. Sewer bypass piping shall be sized for 1440 GPM flow, and shall run above grade, away from traffic & pedestrian path. The contractor will be responsible for coordinating and obtaining approval of the installation, operation, and maintenance of the temporary pumping equipment with the City Department of Public Works.
Plug at Manholes
The intent is to prevent liquid flowing to the work area. The plug shall be inflatable and shall adhere to the pipe. Contractor shall check inflation of plug regularly and frequently to ensure the plug is at the proper pressure to seal to the effluent pipe of the manhole. Any influent lines into a manhole that is designated to be removed and replaced shall be plugged at the upstream manhole of the influent line. Multiple sizes of plugs are required.
Measurement and Payment
The contract lump sum price paid for BYPASS PUMPING shall include full compensation for furnishing all labor, tools, equipment, materials and incidentals for performing all work involved with furnishing, operating and maintaining temporary sewer system pumping equipment, shall be considered as included in t he lump sum price paid for BYPASS PUMPING and no additional compensation will be allowed, therefore.
REMOVE AND DISPOSE OF MANHOLES
The existing manholes are to be removed in accordance with improvement plans. The existing manhole frames and lids are to be delivered to the City of Ceres. When existing manholes are removed the items shall be removed and disposed of in accordance with section 7-1.13 of the Standard Specifications.
Measurement and Payment
Full compensation for furnishing all labor materials, tool, equipment and incidentals for doing all work involved with Removing and Disposing the various facilities all in accordance with the plans, specifications and these special provisions shall be considered as included in the contract price paid for REMOVE AND DISPOSE OF MANHOLES and no additional compensation will be allowed, therefore.
REMOVE AND DISPOSE EXISTING SANITARY SEWER MAIN
The existing piping is to be removed in accordance with improvement plans. The existing piping ITEM 7
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shall be removed and disposed of in accordance with these specifications.
Measurement and Payment
Full compensation for furnishing all labor materials, tool, equipment and incidentals for doing all work involved with Removing and Disposing the various pipes all in accordance with the plans, specifications and these special provisions shall be considered as included in the contract price paid for REMOVE AND DIPOSE EXISTING SANITARY SEWER MAIN and no additional compensation will be allowed, therefore.
Furnish and Install 6-inch PVC Sewer Main
Polyvinyl Chloride (PVC) PIPE – 6-INCH
PVC gravity sewer pipe and fittings shall conform to, as designated on the plans, ASTM D3034 (SDR 35) or ASTM F679 (PS115), with integral bell gasket joints or ASTM D3034 (SDR 26), with integral bell gasket joints. Rubber gaskets shall be factory installed and conform to ASTM D3219.
Pipe shall be made of PVC plastic having a cell classification of 12454-B, 12454-C, or 13364-B as defined in ASTM D1784 and shall have minimum pipe stiffness of 46 PSI according to ASTM test D2412 for SDR 35 or minimum pipe stiffness of 115 PSI according to ASTM test D2412 for SDR 26 and ASTM F679.
All existing service connections shall be reconnected with wye fittings.
Bedding material shall provide adequate and uniform support under the pipe. Bedding material shall consist of clean sand and gravel, Class II material (ASTM designation D 2321-72) or manufactured granular angular material, Class 1B (ASTM designation D2321-72).
Pipe shall be installed in compliance with ASTM D2321, Manufacturer’s recommendations and City Standards.
Backfilling-Haunching material (bed to springline) shall be carefully worked under the haunches of the pipe and compacted from the pipe to the trench wall or 1 pipe diameter or 2 feet whichever is greater to ensure support. Initial backfill material shall be placed to a minimum of 6" over the pipe.
Care shall be taken so that large particles which could damage the pipe will not be contained in haunching or initial backfill. Vertical deflection of pipe shall be limited to 5% of initial inside diameter by means of side support. This shall be attained by adequate compaction in the haunch area.
Minimum trench width shall be per City Standards.
Haunching and initial backfill shall be compacted to 90% relative compaction.
When using movable trench support, care should be exercised not to disturb the pipe location, jointing or its embedment. Removal of any trench protection below the top of the pipe and within 2-1/2 pipe diameters of each side of the pipe shall be prohibited after the pipe embedment has been compacted. Movable trench supports shall only be used in either wide trench construction where supports extend below the top of the pipe or on a shelf above the pipe with the pipe installed in a narrow, vertical wall sub ditch.
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Any voids left in the embankment material by support removal shall be carefully filled with granular material which is adequately compacted. Removal of bracing between sheeting shall only be done where backfilling proceeds and bracing is removed in a manner that does not relax trench support.
When advancing boxes or shield, there shall be no longitudinal pipe movement or disjointing.
Manhole Connections: Connection to manholes shall be achieved by use of manhole coupling adapters, rubber ring waterstops, or other approved method. PVC may not be grouted directly to concrete.
Pipe Joint Assembly:-To assemble PVC sewer pipe clean the outside of the spigot and the inside and gasket of the bell end, lubricate the outside of the spigot and then slide the spigot into the ball, through the gasket, until the "installation line" on the spigot is flush with the end of the bell.
Testing: Following the installation of a pipeline an air pressure test shall be made on each section of pipe between manholes.
Following the installation of a pipeline an exfiltration or air pressure test should be made on each section of pipe between manholes.
Air Testing: Where possible air testing is the easiest to run. The minimum time for air in the test section to drop from 3.5 to 3.0 psi shall not be less than those indicated in Unibell Pamphlet UNI-B-6.
Complete air test specifications are contained in UniBell pamphlet Uni-B-6.
Infiltration and Exfiltration Test: If this test is run instead of the air test, the maximum allowable exfiltration shall not exceed 750 gallons per inch of pipe diameter, per mile of pipeline, per 24 hours.
Deflection Testing: Deflection shall not exceed 5%. After compaction of subgrade material (treated or native) Contractor shall pull a solid mandrell (with a diameter equal to 95% of the pipe I.D.) thru all sewer mains.
Cleaning and TV Inspection: Before final acceptance of sewage lines, each line shall be cleaned by using a hydraulic rodder. The piece of equipment used or the procedure followed must be capable or removing all debris from the lines and manholes, and is subject to approval by the Engineer.
After the sewer line has been cleaned, line shall be inspected by television, to insure the sewer line is clean and free of any sags or defects in the pipe. A written log will be kept and submitted along with a DVD format video of the pipeline. The video will include an audio portion to coincide with the written log.
Trench patch
The trench patch restoration Shall Also Be Included in your bid pricing for FURNISH AND INSTALL 6-INCH PVC SEWER MAIN
This work shall consist of furnishing and placing asphalt concrete and aggregate base in conformance with these Construction Details.
Aggregate bases shall be 3/4 inch Class 2 and shall conform to the Provisions in Section 26, "Aggregate Bases,” of the Standard Specifications. The use of recycled aggregate base will be allowed per Section 26, “Aggregate Bases” of the Standard Specifications.
Asphalt concrete shall be Type A and shall conform to the provisions in Section 39, “Asphalt Concrete,” of the Standard Specifications and these Construction Details. The asphalt shall be grade PG 64 -10 as specified in the Standard Specifications, unless o therwise approved by the Engineer. Aggregates used in all but the final course shall be 3/4 inch maximum medium grading.
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Aggregates used in the final course shall be ½ inch maximum medium grading as specified in Section 39-2.02, “Aggregate,” of the Standard Specifications Measurement and Payment
The price per lineal foot of FURNISH AND INSTALL 6-INCH PVC SEWER MAIN includes all labor, materials, and equipment necessary to excavate the trench, remove all obstructions, remove and replace all utilities where necessary, bed, place and joint the pipe, backfill the trench, restore trench pavement to final pavement conditions, provide drainage provisions, provide erosion control, test the pipe lines, clean and televise the pipe lines, and do all other work necessary to produce a complete and finished job in accordance with the drawings and specifications.
Trench Bracing and Shoring. The total cost to adequately sheet, shore, brace, or equivalent method, all excavation 5 feet or more in depth in accordance with applicable safety orders, for the protection of life and limb shall be considered included in the contract price paid per lineal foot of Sanitary Sewer Pipeline, and no additional compensation will be allowed therefor. Contractor should anticipate “sugar sand” throughout the project limits and the shoring plan shall consider loose sand Full compensation for furnishing all labor, tools, equipment, materials and incidentals for performing work involved with asphalt patching the trench including the asphalt concrete, and paint binder, including subgrade preparation will be considered as included in the contract price paid for Trench Patch and no additional compensation will be allowed, therefore.
FURNISH AND INSTALL SANITARY SEWER MANHOLE
The lid shall be bolt-down type with two cast-in-place bars and a gas detector probe hole and have no poke holes. The contractor shall provide two additional lids to the City of Ceres.
The manholes shall conform to the City of Ceres Standard Specifications.
Measurement and Payment
Full compensation for doing all work involved with FURNISH AND INSTALL SANITARY SEWER MANHOLE shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all work involved in excavating, placing manholes, and backfill complete in place, including subgrade preparation, and testing as specified in the Standard Specifications and these Special Provisions and as directed by the Engineer shall be considered as included in the contract price for FURNISH AND INSTALL SANITARY SEWER MANHOLE and no additional compensation will be allowed therefore.
SANITARY SEWER LATERALS
Connect sanitary sewer lateral to manhole
This work involves furnishing and installing the 4” sewer service as shown on the plans, as directed by the Engineer, as specified in the Standard Specifications and these Special Provisions.
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The 4” sewer service construction, materials, trenching, connections of new pipe to existing or new facilities, structure excavation, structure backfill, testing requirements, flushing, inspection, and all specifications shall conform to the provisions of Chapter 4, “Sanitary Sewer”, of the City of Ceres Improvement Standards, published March 2018 or latest edition, and as shown on the plans, as directed by the Engineer.
This work involves furnishing and installing the 4” sewer service as shown on the plans, as directed by the Engineer, as specified in the Standard Specifications and these Special Provisions.
The 4” sewer service construction, materials, trenching, connections of new pipe to existing or new facilities, structure excavation, structure backfill, testing requirements, flushing, inspection, and all specifications shall conform to the provisions of Chapter 4, “Sanitary Sewer”, of the City of Ceres Improvement Standards, published March 2018 or latest edition, and as shown on the plans, as directed by the Engineer.
Measurement and Payment:
The Contract unit prices paid for SANITARY SEWER LATERALS, shall include all labor, materials, tools, equipment, and incidentals necessary to install the 4” Sewer Service, complete in place, including all pipe, fittings, structure excavation, structure backfill, connections of new pipe to existing or new facilities, testing requirements, flushing, inspection, and incidentals as specified on the plans, in these Special Provisions and as directed by the Engineer, and no separate payment shall be made therefore.
PAVEMENT DELINEATION RESTORATION
Thermoplastic traffic stripes (traffic lines) and pavement markings shall be applied in conformance with the provisions in Section 84, "Traffic Stripes and Pavement Markings," of the Standard Specifications and these Construction Details.
Thermoplastic material shall be free of lead and chromium and shall conform to the requirements in State Specification PTH-02ALKYD.
Retroreflectivity of the thermoplastic traffic stripes and pavement markings shall conform to the requirements in ASTM Designation: D 6359-99. White thermoplastic traffic stripes and pavement markings shall have a minimum initial retroreflectivity of 250 m cd·m-2·lx-1. Yellow thermoplastic traffic stripes and pavement markings shall have a minimum initial retroreflectivity of 150 mcd·m- 2·lx-1.
Where striping joins existing striping, as shown on the plans, the Contractor shall begin and end the transition from the existing striping pattern into or from the new striping pattern a sufficient distance to ensure continuity of the striping pattern.
Thermoplastic traffic stripes shall be applied at the minimum thickness and application rate as specified below. The minimum application rate is based on a solid stripe of 4 inches in width.
Minimum Stripe
Thickness
Inch
Minimum
Application Rate
Lb/ft
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0.079 0.27
0.098 0.34
Thermoplastic traffic stripes and pavement markings shall be free of runs, bubbles, craters, drag marks, stretch marks, and debris.
At the option of the Contractor, permanent traffic striping and pavement marking tape conforming to the provisions in "Prequalified and Tested Signing and Delineation Materials" of these Construction Details may be placed instead of the thermoplastic traff ic stripes and pavement markings specified herein. Permanent tape, if used, shall be installed in conformance with the manufacturer's specifications.
If permanent tape is placed instead of thermoplastic traffic stripes and pavement markings, the tape will be measured and paid for by the linear foot as thermoplastic traffic stripe and by the square foot as thermoplastic pavement marking.
Measurement and Payment
Full compensation for furnishing and installing PAVEMENT DELINEATION RESTORATION shall be considered as included in the contract lump sum price paid for Pavement Delineation and no separate payment will be made, therefore.
Raise MH at Hatch/Herndon Rd
This work involves raising an existing buried MH lid cover, concrete grade rings to finished pavement grades at the intersection of Hatch & Herndon Rd intersection , as specified in the Standard Specifications and these Special Provisions. Specifications shall conform to the provisions of Chapter 4, “Sanitary Sewer”, of the City of Ceres Improvement Standards, published March 2018 or latest edition, and as shown on the plans, as directed by the Engineer.
Measurement and Payment:
The Contract unit prices paid for RAISE MH AT HATCH/HERNDON RD, shall include all labor, materials, tools, equipment, and incidentals necessary to raise iron for an existing buried manhole at the intersection of Hatch and Herndon Rd per plan , including fittings, sewer MH lid, concrete grade rings, structure excavation, structure backfill, asphalt restoration, and incidentals as specified on the plans, in these Special Provisions and as directed by the Engineer, and no separate payment shall be made therefore.
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RESERVE PAGE FOR PLAN SHEET 1 OF 8
ITEM 7
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RESERVE PAGE FOR PLAN SHEET 2 OF 8
ITEM 7
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RESERVE PAGE FOR PLAN SHEET 3 OF 8
ITEM 7
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RESERVE PAGE FOR PLAN SHEET 4 OF 8
ITEM 7
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RESERVE PAGE FOR PLAN SHEET 5 OF 8
ITEM 7
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RESERVE PAGE FOR PLAN SHEET 6 OF 8
ITEM 7
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RESERVE PAGE FOR PLAN SHEET 7 OF 8
ITEM 7
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RESERVE PAGE FOR PLAN SHEET 8 OF 8
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EXHIBIT “C”
SPECIAL CONDITIONS
ARTICLE 1. BONDS
Within ten (10) calendar days from the date the Contractor is notified of award of the Contract, the Contractor shall deliver to the City four identical counterparts of the Performance Bond and Payment Bond on the forms supplied by the City and included as Exhibit “F” to the Contract. Failure to do so may, in the sole discretion of City, result in the forfeiture of Contractor’s bid security. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the City. The Performance Bond and the Payment Bond shall be for one hundred percent (100%) of the Total Contract Price.
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EXHIBIT “D”
CERTIFICATION
LABOR CODE - SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700, et seq., of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of the Code, and I, the undersigned Contractor, agree to and will comply with such provisions before commencing the performance of the Work on this Contract.
_______________________________
[INSERT CONTRACTOR NAME]
By: _________________________
Signature
_________________________
Name (Print)
_________________________
Title (Print)
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EXHIBIT “E”
PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
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. See http://www.dir.ca.gov/Public- Works/PublicWorks.html for additional information.
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.
Contractor hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.1
Name of Contractor:
DIR Registration Number:
DIR Registration Expiration:_________________________
Small Project Exemption: _____ Yes or _____ No
Unless Contractor is exempt pursuant to the small project exemption, Contractor further acknowledges:
• Contractor shall maintain a current DIR registration for the duration of the project. • Contractor shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project. • Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.
Name of Contractor
Signature
Name and Title
Dated
1 If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark “Yes” in response to “Small Project Exemption.”
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EXHIBIT “F”
PAYMENT AND PERFORMANCE BONDS
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PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of Ceres (hereinafter referred to as “City”) has awarded to XXXXXXXXXXX, (hereinafter referred to as the “Contractor”) an agreement for XXXXXXXXXXXXX (hereinafter referred to as the “Project”).
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated XX/XX/XXXX, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, XXXXXXXXXX, Inc., the undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of XXXXXXXXXXXXX DOLLARS, ($XXX,XXX.00), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill al l obligations including the one -year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officers and agents, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithful ly fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15.
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Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, includi ng other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder 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 Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__).
ITEM 7
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(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal) Surety
By
Attorney-in-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________ ___________________________________________
___________________________________________
(Name and Address of Agent or ___________________________________________ Representative for service of
process in California, if different ___________________________________________ from above)
___________________________________________
(Telephone number of Surety and ___________________________________________ Agent or Representative for service
of process in California)
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto
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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s)
Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
ITEM 7
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PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Ceres (hereinafter designated as the “City”), by action taken or a resolution passed XXXX XX, XXXX_has awarded to XXXXXXXX, Inc. hereinafter designated as the “Principal,” a contract for the work described as follows:
XXXXXXXXXXXXXXX (the “Project”); and
WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated XXXX XX, 20XX (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies 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, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of XXXXXXXXXX Dollars ($XXX,XXX.00) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified.
This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to ITEM 7
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the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal) Surety
By
Attorney-in-Fact
Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so much be attached hereto.
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
ITEM 7
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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
ITEM 7
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APPENDIX
ITEM 7
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CITY OF CERES STANDARD DESIGNS
THE FOLLOWING STANDARDS ARE FOR REFERENCE ONLY
REFER TO THE CITY OF CERES WEBSITE FOR THE COMPLETE LISTING OF STANDARD
DETAILS
https://www.ci.ceres.ca.us/DocumentCenter/View/2214/Approved-2018-Standard-Specifications- and-Design
ITEM 7
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STATE GENERAL PREVAILING WAGE RATES
General prevailing wage determination
Made by the Director of Industrial Relations
Pursuant to California Labor Code part 7,
Chapter 1, article 2, sections 1770, 1773, and 1773.1
__________________________________________________
State of California Department of Industrial Relations Website:
http://www.dir.ca.gov/OPRL/PWD/index.htm
ITEM 7
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REGULATION VIII – FUGITIVE PM10 PROHIBITIONS
ITEM 7
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ITEM 7
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ITEM 7
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ITEM 7
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ITEM 7
1 ITEM 7
COUNCIL AGENDA REPORT
CITY COUNCIL
Javier Lopez, Mayor
James
Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: November 12, 2024
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Michael R. Beltran II, P.E. Director of Engineering Services/City Engineer [email protected], (209) 538-5775 SUBJECT:
Resolution No. 202 4-XXX, Accepting and Appropriating Funding from City of Turlock Fire Department ($67,900.00),Stanislaus Consolidated Fire Protection District ($67,900.00), City of Modesto Fire Department ($67,900.00), Yosemite Community College District ($250,000.00 ), and County Regional Fire Authority ($325,000.00) for the Fire Training Facility Tactical Tower in the Amount of $ 778,700.00 and Appropriating an Additional
$131,358.20 for Contingency and Construction Support Services RECOMMENDED COUNCIL ACTION:
St
aff recommends that the City Council adopt a resolution to accept and appropriate funding from City of Turlock Fire Department ($67,900.00 ), Stanislaus Consolidated Fire Protection District ($67,900.00 ), City of Modesto Fire Department ($67,900.00 ), Yosemite Community College District ($250,000.00 ), and County Regional Fire Authority ($325,000 .00) for the Fire Training Facility Tactical Tower in the total amount of $778,700 .00 and appropriating an additional $131,350.20 for contingency and construction support services.
I. BACKGROUND:
At th
e June 10, 2024, City Council Meeting, the Construction Contract for the Fire Training Facility Tactical Tower was awarded to American Fire Training Systems Inc . In order to fully fund the contract additional funds from different agencies w ere needed. Additional fund are also needed to fund a 10% contingency and construction support services II. REASONS FOR RECOMMENDATION:
This project consists of installing a Regional Fire Training Facility at the former location of Ceres Fire Station No. 3 located at 420 Service Road. Various local fire departments and training programs will be able to utilize the Tactical Tower for training purposes. The Tactical Tower will be 4 levels of large shipping containers and include features such as ITEM 8
grapple walls, staircases, vent and enter windows, and utility standpipe connections. funding will be provided by six different sources.
III. FISCAL IMPACTS:
The fol
lowing funds should be appropriated to the project:
$778,70
0.00 – 26395.800500(2521)
$131,358.20 – 49995.800500(2521)
A budget
amendment is necessary to fund the project in the amount of $778,700.00 added to account number 26395.800500(2521) and $ 131,358.20 added to account number 49995.800500(2521).
IV. EXISTING POLICY/RELATIONSHIP TO THE STRATEGIC PLAN:
This project is in conformance with the F ifth Priority of the Strategic Plan to ensure the City has helpful, well trained, properly equipped, and sufficient staff who partners with other public agencies to provide efficient services.
V. POLICY ALTERNATIVES:
The City Council can choose to direct staff to reject the funds and cancel the project.
VI. INTERDEPARTMENTAL COORDINATION:
This project has been coordinated with the Public Works Department and Fire Department.
VII. PUBLIC PARTICIPATION:
There were no committees or public participation involved in this project.
VIII. ENVIRONMENTAL REVIEW:
This project is a CEQA Categorical Exemption as per Section 15301 and 15311.
IX. STEPS FOLLOWING APPROVAL:
The Finance Director accepts the funds and makes the appropriate accounting entries to fund the project and agreement(s).
Approv
ed by: _____________________
Douglas D. Dunford,
City Manager
Attac
hments:
1. Attachment A – Resolution
2. Attachment B – Budget Amendment
ITEM 8
ATTACHMENT A
RESOLUTION NO. 2024-XXX
ACCEPTING AND APPROPRIATING FUNDING FROM CITY OF
TURLOCK FIRE DEPARTMENT ($67,900.00), STANISLAUS
CONSOLIDATED FIRE PROTECTION DISTRICT ($67,900.00), CITY OF MODESTO FIRE DEPARTMENT ($67,900.00), YOSEMITE COMMUNITY COLLEGE DISTRICT ($250,000.00), AND COUNTY REGIONAL FIRE AUTHORITY ($325,000.00) FOR THE FIRE TRAINING FACILITY
TACTICAL TOWER IN THE AMOUNT OF $778,700.00 AND
APPROPRIATING AN ADDITIONAL $131,358.20 FOR CONTINGENCY
AND CONSTRUCTION SUPPORT SERVICES
THE CITY COUNCIL
City of Ceres
WHERE
AS, the project for the for -Fire Training Facility Tactical Tower Project was programmed in the Capital Improvement Program; and
WHERE
AS, the City accepts $67,900.00 from City of Turlock Fire Department, and appropriates said funds to account 2 6395.800500(2521), for the Fire Training Facility Tactical Tower Project; and
WHERE
AS, the City accepts $67,900.00 from City of Modesto Fire Department, and appropriates said funds to account 26395.800500(2521), for the Fire Training Facility Tactical Tower Project; and
WHERE
AS, the City accepts $67,900.00 from Consolidated Fire Protection District, and appropriates said funds to account 26395.800500(2521), for the Fire Training Facility Tactical Tower Project; and
WHERE
AS, the City accepts $250,000.00 from Yosemite Community College District, and appropriates said funds to account 26395.800500(2521), for the Fire Training Facility Tactical Tower Project; and
WHERE
AS, the City accepts $325,000.00 from County Regional Fire Authority, and appropriates said funds to account 26395.800500(2521), for the Fire Training Facility Tactical Tower project; and
WHERE
AS, a budget amendment in the amount of $ 778,700.00 will be appropriated to account number 26395.800500(2521); and
WHERE
AS, a budget amendment in the amount of $ 131,358.20 will be appropriated to account number 49995.800500(2521); and
ITEM 8
ATTACHMENT A
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby accept and appropriate funding from City of Turlock F ire Department ($67,900.00), Stanislaus Consolidated Fire Protection District ($67,900 .00), City of Modesto Fire Department ($67,900.00 ), Yosemite Community College District ($250,000.00), and County Regional Fire Authority ($325,000.00) for the Fire Training Facility Tactical Tower in the amount of $778,700. 00 and appropriates an additional $131,358.20 for contingency and construction support services.
BE I
T FURTHER RESOLVED the City of Ceres Finance Director is hereby authorized and directed to record the appropriate accounting entries.
PAS
SED AND ADOPTED by the Ceres City Council at a special meeting thereof held on the 12th day of November 2024, by the following vote:
AYES: Counc
ilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
______
__________________________
Javier Lopez, Mayor
ATTEST:
______
___________________________
Fallon Martin, City Clerk
ITEM 8
Budget Amendment No.
Fiscal Year
Reference Resolution No . , dated authorizing appropriations for as follows:
Appropriations:
Fund Name Org. Object Project
(if appl.)
Appropriation
Amount
Requested Appropriation
Current Appropriation
Total Appropriation
Estimated Revenues:
Fund Name Org. Object Project
(if appl.)
Appropriation
Amount
Estimated Revenue
Current Estimated Revenue
Total Estimated Revenue
Fiscal Impact:
ITEM 8
ITEM 8
COUNCIL AGENDA REPORT
CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: November 12, 2024
TO: Mayor and City Council
FROM: Douglas D. Dunford City Manager
CONTACT: Michael R. Beltran II, P.E., Director of Engineering [email protected], (209) 538-5775
SUBJECT:
Resolution No. 202 4-XXX, A pproving the Construction Contract for the Morgan Road Storm Drain Improvements Project (2408) to Mid Cal Pipeline and Utilities, Inc., Authorizing a 10% Contingency, Authorizing a Budget Amendment, and Authorizing the City Manager to Execute the Contract
RECOMMENDED COUNCIL ACTION:
Staff recommends the City Counci l to a pprove the construction contract for the Morgan Road Storm Drain Improvements Project ( 2408) to Mid Cal Pipeline and Utilities, Inc., Authorizing a 10% Contingency, Authorizing a Budget Amendment, and Authorizing the City Manager to Execute the Contract.
I. BACKGROUND:
The pr
oject consists of construction of new storm drain pipe, expansion of an existing basin, and new curb and gutter on Morgan Road, south of Service Road.
II. RE
ASONS FOR RECOMMENDATION:
The City received nine bids on October 17th, 2024. After staff reviewed the bids, Mid Cal Pipeline and Utilities, Inc. was the lowest responsible bidder at $ 934,402.00. A 10% contingency of $93,440.20 brings the Mid Cal Pipeline and Utilities, Inc. contract allocation to $1,027,842.20. The bid tabulation with the detailed comparison of the bid results is presented in Attachment C.
III. FISCAL IMPACTS:
Mor
gan Road Storm Drain Improvement Project (2408 ) currently has allocated $350,000 in fund 56795.800500 and $124,790.20 in fund 27195.800500 (ENg2207). These funds will be transferred to project number 2408 for a total of $474,790.20. Additional appropriations are needed to support Project 2408 for the construction and construction ITEM 9
support activities to fund 27195.800500 in the amount of $435, 906. and fund 56795.800500 in the amount of $210,543 to include sufficient funding for the construction contract, contingency, construction support, construction observation, material testing and staff time.
IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:
This project is in conformance with the first goal of the Strategic Plan:
1) Infrastructure: Ensure that the community has adequate, well -maintained infrastructure that fosters a quality community and supports a strong economy.
V. POLICY ALTERNATIVES:
City Council can choose to direct staff to reject the proposal and publicly post the project with a similar or modified scope later or reject the proposal and eliminate the project.
VI. INTERDEPARTMENTAL COORDINATION:
The Engineering Services Department has coordinated with the Public Works Department, Streets Division.
VII. PUBLIC PARTICIPATION:
There are no committees, public participation events needed or anticipated for this project.
VIII. ENVIRONMENTAL REVIEW:
The project is CEQA Categorically Exempt per Section 15301 Class 1 (b) (c) Existing Facilities and (d) Restoration of Facilities.
IX. STEPS FOLLOWING APPROVAL:
Following approval of this item, the contract will be signed and executed with Mid Cal Pipeline and Utilities, Inc. The contractor will then be issued a notice to proceed, and a pre-construction meeting will be held.
Approved by: _____________________
Douglas D. Dunford,
City Manager
Attachments:
1. Attachment A – Resolution
2. Attachment B – Budget Amendment
3. Attachment C – Bid Results
4. Attachment D – Construction Contract
ITEM 9
ATTACHMENT A
RESOLUTION NO. 2024-XXX
APPROVING THE CONSTRUCTION CONTRACT FOR THE MORGAN ROAD STORM DRAIN IMPROVEMENTS PROJECT (2408) WITHMID CAL PIPELINE AND UTILITIES, INC., AUTHORIZING A 10% CONTINGENCY, AUTHORIZING
A BUDGET AMENDMENT, AND AUTHORIZING THE CITY MANAGER TO
EXECUTE THE CONTRACT
THE CITY COUNCIL
City of Ceres
WHEREAS, the Morgan Road Storm Drain Improvements Project (2408) was included in the Capital Improvement Project list and will be funded by existing accounts 56795.800500(ENG2207) and 27195.800500(ENG2207); and
WHEREAS, proposals for the construction contract for the Morgan Road Storm Drain Improvements Project (2408) were due October 17th, 2024; and
WHEREAS, the lowest responsive and responsible bid was received from Mid Cal Pipeline and Utilities, Inc. in the amount of $934,402.00, and
WHEREAS, a construction contingency in the amount of 10% or $93,440.20 is necessary and appropriate to accommodate any unforeseen costs, bringing the total construction authorization to $1,027,842.20; and
WHEREAS, the City has currently allocated, $124,790.20 , account 27195.800500 (ENG2207), for the Morgan Road Storm Drain Improvement project; and
WHEREAS, the City currently allocated, $350,000, account 56795.800500 (2408), for the Morgan Road Storm Drain Improvement project; and
WHEREAS, a new appropriation and budget amendment from 27195.800500 in the amount of $435, 906.00 is needed to sufficiently fund the construction contract, contingency, construction support, construction observation, materials testing, staff time of said project; and
WHEREAS, a new appropriation and budget amendment from 56795.800500 in the amount of $210,543.00 is needed to sufficiently fund the construction contract, contingency, construction support, construction observation, materials testing, staff time of said project; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve the construction contract for the Morgan Road Storm Drain Improvements Project (2408) with Mid Cal Pipeline and Utilities, Inc., authorizes a 10% contingency, authorizes a budget amendment, and authorizes the City Manager to execute the contract.
ITEM 9
ATTACHMENT A
BE IT FURTHER RESOLVED the City of Ceres Finance Director is hereby authorized and directed to record the appropriate accounting entries.
PASSED AND ADOPTED by the Ceres City Council at a special meeting thereof held on the 12th day of November 2024, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
________________________________
Javier Lopez, Mayor
ATTEST:
_________________________________
Fallon Martin, City Clerk
ITEM 9
Budget Amendment No.
Fiscal Year
Reference Resolution No . , dated authorizing appropriations for as follows:
Appropriations:
Fund Name Org. Object Project
(if appl.)
Appropriation
Amount
Requested Appropriation
Current Appropriation
Total Appropriation
Estimated Revenues:
Fund Name Org. Object Project
(if appl.)
Appropriation
Amount
Estimated Revenue
Current Estimated Revenue
Total Estimated Revenue
Fiscal Impact:
ATTACHMENT B
ITEM 9
ITEM 9
NO. ITEM UNIT OF ESTIMATED UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL
MEASURE QUANTITY (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) 1 Bonds, Insurance, Permits, Licenses & Fees LS 1 $50,000.00 $50,000.00 $25,000.00 $25,000.00 $53,404.00 $53,404.00 $37,000.00 $37,000.00 $37,800.00 $37,800.00 2 Surveying Services LS 1 $11,000.00 $11,000.00 $11,000.00 $11,000.00 $34,938.00 $34,938.00 $13,500.00 $13,500.00 $10,890.00 $10,890.00 3 Public Convenience and Safety LS 1 $10,000.00 $10,000.00 $18,000.00 $18,000.00 $22,386.00 $22,386.00 $75,000.00 $75,000.00 $35,000.00 $35,000.00 4 Water Pollution Control LS 1 $8,000.00 $8,000.00 $20,000.00 $20,000.00 $33,306.00 $33,306.00 $6,000.00 $6,000.00 $7,050.00 $7,050.00 5 Remove & Dispose Drywell Unit EA 4 $1,000.00 $4,000.00 $500.00 $2,000.00 $3,601.00 $14,404.00 $5,000.00 $20,000.00 $2,050.00 $8,200.00 6 Adjust Basin Inlet to Grade EA 1 $1,500.00 $1,500.00 $2,500.00 $2,500.00 $9,854.00 $9,854.00 $1,800.00 $1,800.00 $2,000.00 $2,000.00 7 Earthwork CY 1,150 $45.00 $51,750.00 $111.00 $127,650.00 $27.50 $31,625.00 $31.30 $35,995.00 $101.60 $116,840.00 8 Hydroseed Basin Area SF 21,450 $0.80 $17,160.00 $0.22 $4,719.00 $1.20 $25,740.00 $0.35 $7,507.50 $0.64 $13,728.00 9 Existing Manhole Connection EA 3 $3,500.00 $10,500.00 $2,000.00 $6,000.00 $5,085.00 $15,255.00 $21,166.66 $63,499.98 $5,450.00 $16,350.00 10 F & I 12" ADS HP Storm Drain LF 81 $160.00 $12,960.00 $171.00 $13,851.00 $130.00 $10,530.00 $291.60 $23,619.60 $195.00 $15,795.00 11 F & I 18" ADS HP Storm Drain LF 3,165 $160.00 $506,400.00 $137.00 $433,605.00 $114.00 $360,810.00 $82.02 $259,593.30 $158.70 $502,285.50 12 F & I Storm Drain Manhole EA 15 $6,000.00 $90,000.00 $7,500.00 $112,500.00 $5,390.00 $80,850.00 $13,573.33 $203,599.95 $10,400.00 $156,000.00 13 F & I Catch Basin EA 10 $5,000.00 $50,000.00 $3,460.00 $34,600.00 $5,935.00 $59,350.00 $14,560.00 $145,600.00 $8,450.00 $84,500.00 14 F & I Curb and Gutter LF 3,004 $33.00 $99,132.00 $40.00 $120,160.00 $56.00 $168,224.00 $21.83 $65,577.32 $39.00 $117,156.00 15 Portable Changeable Message Sign EA 3 $4,000.00 $12,000.00 $3,500.00 $10,500.00 $12,150.00 $36,450.00 $2,500.00 $7,500.00 $2,000.00 $6,000.00 $934,402.00 $942,085.00 $957,126.00 $965,792.65 $1,129,594.50 SUB-CONTRACTORS:
*Updated per bid instructions*
NO. ITEM UNIT OF ESTIMATED UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL
MEASURE QUANTITY (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) 1 Bonds, Insurance, Permits, Licenses & Fees LS 1 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $73,850.00 $73,850.00 $29,900.00 $29,900.00 2 Surveying Services LS 1 $7,500.00 $7,500.00 $8,000.00 $8,000.00 $17,700.00 $17,700.00 $9,900.00 $9,900.00 3 Public Convenience and Safety LS 1 $50,000.00 $50,000.00 $20,000.00 $20,000.00 $116,700.00 $116,700.00 $156,498.00 $156,498.00 4 Water Pollution Control LS 1 $15,000.00 $15,000.00 $8,000.00 $8,000.00 $51,300.00 $51,300.00 $18,687.00 $18,687.00 5 Remove & Dispose Drywell Unit EA 4 $4,500.00 $18,000.00 $2,000.00 $8,000.00 $1,885.00 $7,540.00 $2,623.00 $10,492.00 6 Adjust Basin Inlet to Grade EA 1 $2,500.00 $2,500.00 $4,500.00 $4,500.00 $1,250.00 $1,250.00 $718.00 $718.00 7 Earthwork CY 1,150 $30.00 $34,500.00 $40.00 $46,000.00 $40.00 $46,000.00 $35.00 $40,250.00 8 Hydroseed Basin Area SF 21,450 $0.28 $6,006.00 $2.00 $42,900.00 $0.70 $15,015.00 $0.46 $9,867.00 9 Existing Manhole Connection EA 3 $5,000.00 $15,000.00 $3,500.00 $10,500.00 $5,300.00 $15,900.00 $6,132.00 $18,396.00 10 F & I 12" ADS HP Storm Drain LF 81 $608.00 $49,248.00 $300.00 $24,300.00 $250.00 $20,250.00 $245.00 $19,845.00 11 F & I 18" ADS HP Storm Drain LF 3,165 $165.00 $522,225.00 $260.00 $822,900.00 $240.00 $759,600.00 $215.00 $680,475.00 12 F & I Storm Drain Manhole EA 15 $12,000.00 $180,000.00 $5,000.00 $75,000.00 $9,400.00 $141,000.00 $8,400.00 $126,000.00 13 F & I Catch Basin EA 10 $8,000.00 $80,000.00 $3,000.00 $30,000.00 $5,200.00 $52,000.00 $7,234.00 $72,340.00 14 F & I Curb and Gutter LF 3,004 $66.00 $198,264.00 $35.00 $105,140.00 $37.50 $112,650.00 $129.00 $387,516.00 15 Portable Changeable Message Sign EA 3 $4,666.00 $13,998.00 $1,200.00 $3,600.00 $8,800.00 $26,400.00 $2,989.00 $8,967.00 $1,242,241.00 $1,258,840.00 $1,457,155.00 $1,589,851.00 SUB-CONTRACTORS:
TOTAL BID:
BID DUE: OCTOBER 17, 2024 at 2:00 PM
MORGAN ROAD STORM DRAIN IMPROVEMENTS
National Concrete Cutting; California
Construction Surveying; Fineline Striping;
Artificial Turf & Landscaping
Freeman Environmental Company;
Orito & Associates
Accurate Sawcutting, Inc; Mike O'dell
Surveys; Tully Consulting Group;
Zumwalt & Associates; Redstone
Construction
(25xx)
Rolfe Construction Inc.
Merced, CA
BID TABULATION SHEET
Kroeker Inc
Merced, CA Fresno, CA
Mid Cal Pipeline & Utilities,
Inc.
Pitsburg, CA
Platinum Dirt Work LLC United Pavement
Maintenance
Modesto, CA
ARB, Inc
Hughson, CA
TOTAL BID:
PRO Energy; MCR Engineering; Diablo
Consulting; Zumwalt
MCR Engineering; Arctos
Erosion Control, Inc; Verux,
Inc
DSM Concrete; Carone + Co.; Pronesti
Environmental
JPB Designs Inc Knife River Construction D.A. Wood Construction, Inc Orangevale, CA Stocton, CA Oakdale, CA
None Listed
Anrak Corp; Northstar
Engineering George Reed Inc
1 of 1
ITEM 9
ITEM 9
1 CITY OF CERES
CONSTRUCTION CONTRACT
MORGAN ROAD STOR DRAIN IMPROVEMENTS
PROJECT NO. 2408
1. PARTIES AND DATE.
This Contract is made and entered into this 12th day of November 2024 by and between the City of Ceres, a public agency and public corporation of the State of California (“City”) and Mid Cal Pipeline & Utilities, Inc , a corporation with its principal place of business at 6931 Mariposa Way, Merced, California 95341 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Contract.
2. RECITALS.
2.1 City. City is a public agency organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.
2.2 Contractor. Contractor desires to perform and assume responsibility for the provision of certain construction services required by the City on the terms and conditions set forth in this Contract. Contractor represents that it is duly licensed and experienced in providing construction of new storm drain pipe, expansion of an existing basin, and new curb and gutter related construction services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of City. The following license classifications are required for this Project:
General Contractor license per IPBA standards for Class A.
2.3 Project. City desires to engage Contractor to render such services for the MORGAN ROAD STORM DRAIN IMPROVEMENTS PROJECT (“Project”) as set forth in this Contract.
2.4 Project Documents & Certifications. Contractor has obtained, and delivers concurrently herewith, a performance bond, a payment bond, and all insurance documentation , as required by the Contract.
3. TERMS
3.1 Incorporation of Documents . This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto:
• Services/Schedule (Exhibit “A”)
• Plans and Specifications (Exhibit “B”)
• Special Conditions (Exhibit “C”)
• Contractor’s Certificate Regarding Workers’ Compensation (Exhibit “D”) • Public Works Contractor Registration Certification (Exhibit “E”) • Payment and Performance Bonds (Exhibit “F”)
• Federal Requirements (Exhibit “G”)
,
ITEM 9
2 • Addenda
• Change Orders executed by the City
• Caltrans Standard Plans and Standard Specifications (Current Edition) • Current Edition of the Standard Specifications for Public Works Construction (The Greenbook), Excluding Sections 1-9
• Notice Inviting Bids, if any
• Instructions to Bidders, if any
• Contractor’s Bid
3.2 Contractor’s Basic Obligation; Scope of Work . Contractor promises and agrees, at its own cost and expense, to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately complete the Project, including all structures and facilities necessary for the Project or described in the Contract (hereinafter sometimes referred to as the “Work”), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents, as well as the exhibits attached hereto and incorporated herein by reference. The plans and specifications for the Work are further described in Exhibit “B” attached hereto and incorporated herein by this reference. Special Conditions, if any, relating to the Work are described in Exhibit “C” attached hereto and incorporated herein by this reference.
3.2.1 Change in Scope of Work. Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition or deletion is approved in writing by a valid change order executed by the City. Should Contractor request a change order due to unforeseen circumstances affecting the performance of the Work, such request shall be made within five (5) bus iness days of the date such circumstances are discovered or shall waive its right to request a change order due to such circumstances. If the Parties cannot agree on any change in price required by such change in the Work, the City may direct the Contract or to proceed with the performance of the change on a time and materials basis.
3.2.2 Substitutions/“Or Equal” . Pursuant to Public Contract Code Section 3400(b), the City may make a finding that designates certain products, things, or services by specific brand or trade name. Unless specifically designated in this Contract, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or articl e desired and shall be deemed to be followed by the words “or equal.”
Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in this Contract. However, the City may have adopted certain uniform standards for certain materials, processes and articles. Contractor shall submit requests, together with substantiating data, for substitution of any “or equal” material, process or article no later than thirty-five (35) days after award of the Con tract. To facilitate the construction schedule and sequencing, some requests may need to be submitted before thirty-five (35) days after award of Contract. Provisions regarding submission of “or equal” requests shall not in any way authorize an extension of time for performance of this Contract. If a proposed “or equal” substitution request is rejected, Contractor shall be responsible for providing the specified material, process or article.
The burden of proof as to the equality of any material, process or article shall rest with Contractor.
ITEM 9
3 The City has the complete and sole discretion to determine if a material, process or article is an “or equal” material, process or article that may be substituted. Data required to substantiate requests for substitutions of an “or equal” material, process or article data shall include a signed affidavit from Contractor stating that, and describing how, the substituted “or equal” material, process or article is equivalent to that specified in every way except as listed on the affidavit. Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted “or equal” material, process or article, and substantiates that it is an “or equal” to the material, p rocess or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted “or equal” material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to the City in a timely fashion will result in the rejection of the proposed substitution.
Contractor shall bear all of the City’s costs associated with the review of substitution requests. Contractor shall be responsible for all costs related to a substituted “or equal” material, process or article. Contractor is directed to the Special Condi tions (if any) to review any findings made pursuant to Public Contract Code section 3400.
3.3 Period of Performance and Liquidated Damages . Contractor shall perform and complete all Work under this Contract within 40 working days, beginning the effective date of the Notice to Proceed (“Contract Time”). Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the City.
Such schedules or milestones may be included as part of Exhibits “A” or “B” attached hereto, or may be provided separately in writing to Contract or. Contractor agrees that if such Work is not completed within the aforementioned Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages the sum of THREE THOUSAND SIX HUNDRED Dollars ($3,600.00) per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract.
3.4 Standard of Performance; Performance of Employees . Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perf orm the Work assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, including an City Business License, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any work necessary to correct errors or omissions which are caused by Contractor’s failure to comply with the standard of care provided for herein. Any employee who is determined by the City to be uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work in a manner acceptable to the City, shall be promptly removed from the Project by Contractor and shall not be re-employed on the Work.
3.5 Control and Payment of Subordinates; Contractual Relationship . City retains Contractor on an independent contractor basis and Contractor is not an employee of City. Any additional personnel performing the work governed by this Contract on behalf of Contractor shall ITEM 9
4 at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Contract and as required by law. Contractor shall be respon sible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.
3.6 City’s Basic Obligation . City agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the City shall pay to Contractor, as full consideration for the satisfactory performance by Contractor of the services and obligations required by this Contract, the below - referenced compensation in accordance with compensation provisions set forth in the Contract.
3.7 Compensation and Payment.
3.7.1 Amount of Compensation. As consideration for performance of the Work required herein, City agrees to pay Contractor the Total Contract Price of Nine Hundred Thirty- Four Thousand Four Hundred Two Dollars ($934,402.00) (“Total Contract Price”) provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the City.
3.7.2 Payment of Compensation. If the Work is scheduled for completion in thirty (30) or less calendar days, City will arrange for payment of the Total Contract Price upon completion and approval by City of the Work. If the Work is scheduled for completion in more than thirty (30) calendar days, City will pay Contractor on a monthly basis as provided for herein.
On or before the fifth (5th) day of each month, Contractor shall submit to the City an itemized application for payment in the format supplied by the City indicating the amount of Work completed since commencement of the Work or since the last progress payment. These applications shall be supported by evidence which is required by this Contract and such other documentation as the City may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated. Contractor may be required to furnish a detailed schedule of values upon request of the City and in such detail and form as the City shall request, showing the quantities, unit prices, overhead, profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments.
3.7.3 Prompt Payment. City shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code. However, no progress payments will be made for Work not completed in accordance with this Contract. Contractor shall comply with all applicable laws, rules and regulations relating to the proper payment of its employees, subcontractors, suppliers or others.
3.7.4 Contract Retentions. From each approved progress estimate, five percent (5%) will be deducted and retained by the City, and the remainder will be paid to Contractor. All Contract retention shall be released and paid to Contractor and subcontractors pursuant to California Public Contract Code Section 7107.
3.7.5 Other Retentions. In addition to Contract retentions, the City may deduct from each progress payment an amount necessary to protect City from loss because of: (1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the City in performing any of Contractor’s obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) ITEM 9
5 unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by City during the pro secution of the Work; (9) erroneous or false estimates by Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Contract; and (11) any other sums which the City is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City’s right to such sums.
3.7.6 Substitutions for Contract Retentions. In accordance with California Public Contract Code Section 22300, the City will permit the substitution of securities for any monies withheld by the City to ensure performance under the Contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in California as the escrow agent, and thereafter the City shall then pay such monies to Contractor as t hey come due. Upon satisfactory completion of the Contract, the securities shall be returned to Contractor. For purposes of this Section and Section 22300 of the Public Contract Code, the term “satisfactory completion of the contract” shall mean the time the City has issued written final acceptance of the Work and filed a Notice of Completion as required by law and provisions of this Contract. Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. The escrow agreement used for the purposes of this Section shall be in the form provided by the City.
3.7.7 Title to Work. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the City at the time of payment. To the extent that title has not previously been vested in the City by reason of payments, full title sh all pass to the City at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, free and clear from any and all security interests, liens, or other encumbrances. C ontractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the City, nor relieve Contractor from the responsibility to strictly comply with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to items.
3.7.8 Labor and Material Releases. Contractor shall furnish City with labor and material releases from all subcontractors performing work on, or furnishing materials for, the Work governed by this Contract prior to final payment by City.
3.7.9 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 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 ra tes and the performance of other requirements on “public works” and “maintenance” projects. Since the Services are being performed as part of 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. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contractor’s principal place of business and at the project site. 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 any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor and any subcontractor shall ITEM 9
6 forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates.
3.7.10 Apprenticeable Crafts . When Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works. The pri mary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor. The Contractor or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law.
3.7.11 Hours of Work. Contractor is advised that eight (8) hours labor constitutes a legal day’s work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more tha n eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker.
3.7.12 Payroll Records . Contractor and each 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. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Co ntractor in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this section. Should noncompliance still be evident after such 10-day period, Contractor shall, as a penalty to City, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public W orks contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on Contractor.
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 pr oject that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
3.7.13 Contractor and Subcontractor Registration . 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. Contractor is directed to review, fill out and execute the Public Works Contractor Registration Certification attached hereto as Exhibit “E” prior to contract execution. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sect ions 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.
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7 3.7.14 Labor Compliance; Stop Orders . This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be the Contractor’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. 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.
3.8 Performance of Work; Jobsite Obligations.
3.8.1 Water Quality Management and Compliance.
3.8.1.1 Water Quality Management and Compliance. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated b y the performance of the Work including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter -Cologne Water Quality Control Act (Cal Water Code §§ 13000 -14950); local ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter -Cologne Water Quality Control Act, to any ground or surface water in the State.
3.8.1.2 Compliance with the Statewide Construction General Permit. Contractor shall comply with all conditions of the most recent iteration of the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Con struction Activity, issued by the California State Water Resources Control Board (“Permit”). It shall be Contractor’s sole responsibility to file a Notice of Intent and procure coverage under the Permit for all construction activity which results in the di sturbance of more than one acre of total land area or which is part of a larger common area of development or sale. Prior to initiating work, Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (SW PPP) as required by the Permit. Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, and monitoring and reporting requirements as required by the Permit. The Permit requires the SWPPP to be a “living document” that changes as necessary to meet the conditions and requirements of the job site as it progresses through difference phases of construction and is subject to different weather conditions. It sh all be Contractor’s sole responsibility to update the SWPPP as necessary to address conditions at the project site.
3.8.1.3 Other Water Quality Rules Regulations and Policies.
Contractor shall comply with the lawful requirements of any applicable municipality, drainage City, or local agency regarding discharges of storm water to separate storm drain systems or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs.
3.8.1.4 Cost of Compliance. 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 it has investigated the risk arising from ITEM 9
8 such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom.
3.8.1.5 Liability for Non -Compliance. Failure to comply with the Permit is a violation of federal and state law. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to defend, indemnify and hold harmless the City and its directors, officials, officers, employees, volunteers and agents for any alleged violations. In addition, City may seek damages from Contractor for any delay in completing the Work in accordance with the Contract, if such delay is caused by or related to Contractor’s failure to comply with the Permit.
3.8.1.6 Reservation of Right to Defend. City reserves the right to defend any enforcement action brought against the City for Contractor’s failure to comply with the Permit or any other relevant water quality law, regulation, or policy. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to be bound by, and to reimburse the City for the costs (including the City’s attorney’s fees) associated with, any settlement reached between the City and the relevant enforcement entity.
3.8.1.7 Training. In addition to the standard of performance requirements set forth in paragraph 3.4, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them without impactin g water quality in violation of the laws, regulations and policies described in paragraph 3.8.1. Consultant further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in paragraph 3.8.1 as they may relate to the Work provided under this Agreement. Upon request, City will provide the Contractor with a list of training programs that meet the requirements of this paragraph.
3.8.2 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed. Safety precautions as applicable shall include, but shall not be limited to, adequate life protection and lifesaving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site.
3.8.3 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Contract or the Work, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Work. If Contractor observes that the drawings or specifications are at variance with any law, rule or regulation, it shall promptly notify the City in writing. Any necessary changes shall be made by written change order. If Contractor performs any work knowing it to be contrary ITEM 9
9 to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Saf ety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability aris ing out of any failure or alleged failure to comply with such laws, rules or regulations.
3.8.4 Permits and Licenses . Contractor shall be responsible for securing City permits and licenses necessary to perform the Work described herein, including, but not limited to, an City Business License. While Contractor will not be charged a fee for any City permits, Contractor shall pay the City’s applicable business license fee. Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project.
3.8.5 Trenching Work. If the Total Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the California Labor Code, including Section 6705. To this end, Contractor shall submit for City’s review and approval a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving grou nd during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.
3.8.6 Hazardous Materials and Differing Conditions . As required by California Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, n otify City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by City; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, City shall promptly investigate the conditions to determine whether a change order is appropriate.
In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute.
3.8.7 Underground Utility Facilities. To the extent required by Section 4215 of the California Government Code, City shall compensate Contractor for the costs of: (1) locating and repairing damage to underground utility facilities not caused by the failure of Contractor to exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in the construction drawings; and (3) equipment necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay caused by failure of City to provide for removal or relocation of such utility facilities.
3.8.8 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Although CARB limits and requirements are more broad, Contractor shall specifically be aware of their application to "portable equipment", which definition is considered by CARB to ITEM 9
10 include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.
3.8.9 State Recycling Mandates. Contractor shall comply with State Recycling Mandates. Any recyclable materials/debris collected by the contractor that can be feasibly diverted via reuse or recycling must be hauled by the appropriate handler for reuse or recycling.
3.9 Completion of Work. When Contractor determines that it has completed the Work required herein, Contractor shall so notify City in writing and shall furnish all labor and material releases required by this Contract. City shall thereupon inspect the Work. If the Work is n ot acceptable to the City, the City shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work, Contractor may request a reinspection by the City. Once the Work is acceptable to City, City shall pay to Contractor the Total Contract Price remaining to be paid, less any amount which City may be authorized or directed by law to retain.
Payment of retention proceeds due to Contractor shall be made in accordance with Section 7107 of the California Public Contract Code.
3.10 Claims; Government Code Claim Compliance.
3.10.1 Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non -binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Section is to implement Sections 20104 e t seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes.
3.10.2 Claims. For purposes of this Section, “Claim” means a separate demand by the Contractor, after a change order duly requested in accordance with the terms of this Contract has been denied by the City, for (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, or (C) an amount the payment of which is disputed by the City. Claims governed by this Section may not be filed unless and until the Contractor completes all proc edures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the change order procedures contained herein, and Contractor’s request for a change has been denied in whole or in part. Claims governed by this Section must be filed no later than the date of final payment. The claim shall be submitted in writing to the City and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermo re, the claim shall include the documents necessary to substantiate the claim. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra Work, disputed Work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.
3.10.3 Supporting Documentation. The Contractor shall submit all claims in the following format:
3.10.3.1 Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made ITEM 9
11 3.10.3.2 List of documents relating to claim:
(A) Specifications
(B) Drawings
(C) Clarifications (Requests for Information)
(D) Schedules
(E) Other
3.10.3.3 Chronology of events and correspondence
3.10.3.4 Analysis of claim merit
3.10.3.5 Analysis of claim cost
3.10.3.6 Time impact analysis in CPM format
3.10.4 City’s Response. Upon receipt of a claim pursuant to this Section, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the public entity issues its written statement.
3.10.4.1 If City needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, City shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.
3.10.4.2 Within 30 days of receipt of a claim, City may request in writing additional documentation supporting the claim or relating to defenses or claims City may have against the Contractor. If additional information is thereafter required, it shall be r equested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor.
3.10.4.3 City’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 days (if the claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.
3.10.5 Meet and Confer. If the Contractor disputes City’s written response, or City fails to respond within the time prescribed, the Contractor may so notify City, in writing, either within 15 days of receipt of City’s response or within 15 days of City’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, City shall schedule a meet and confer conference within 30 days for settlement of the dispute.
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12 3.10.6 Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after City issues its written statement. Any disputed portion of the claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with City and the Contractor sharing the associated costs equally. City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing, unless the parties agree to select a mediator at a later time.
3.10.6.1 If the Parties cannot agree upon a mediator, each Party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.
3.10.6.2 For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the Parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
3.10.6.3 Unless otherwise agreed to by City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
3.10.6.4 The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed.
3.10.7 Procedures After Mediation . If following the mediation, the claim or any portion remains in dispute, the Contractor must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim pursuant to subdivision (a) until the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation.
3.10.8 Civil Actions. The following procedures are established for all civil actions filed to resolve claims subject to this Section:
3.10.8.1 Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non -binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of these procedures.. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.
3.10.8.2 If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil ITEM 9
13 Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.
3.10.8.3 In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.
3.10.9 Government Code Claims. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved afte r all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City. A Government Code claim must be filed no earlier than the date the work is completed or the date the Contractor last performs work on the Project, wh ichever occurs first. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted.
3.10.10 Non-Waiver. City’s failure to respond to a claim from the Contractor within the time periods described in this Section or to otherwise meet the time requirements of this Section shall result in the claim being deemed rejected in its entirety. City’s failure to respond shall not waive City’s rights to any subsequent procedures for the resolution of disputed claims.
3.11 Loss and Damage. Except as may otherwise be limited by law, Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed and accepted by City. In the event of damage proximately caused by an Act of God, as defined by Section 7105 of the Public Contract Code, the City may ter minate this Contract pursuant to Section 3.17.3; provided, however, that the City needs to provide Contractor with only one (1) day advanced written notice.
3.12 Indemnification.
3.12.1 Scope of Indemnity . To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s services, the Project o r this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense arising from the sole or active ITEM 9
14 negligence or willful misconduct of the City or the City’s agents, servants, or independent contractors who are directly responsible to the City, or for defects in design furnished by those persons.
3.12.2 Additional Indemnity Obligations . Contractor shall defend, with counsel of City’s choosing and at Contractor's own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against City or its officilas, employees, agents and authorized volunteers . In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City's attorney's fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and authorized volunteers, for any and all legal expenses and costs incurred by each of them in connect ion therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and authorized volunteers.
3.13 Insurance.
(a) Required Coverage At all times commencing no later than commencement of the Work and to remain in effect for the entire term of this Agreement including any extensions of time, Contractor shall, at its expense, obtain and maintain, and shall cause its Subcontractors to obtain and maintain, with insurers of recognized responsibility authorized to do business in the California as admitted carriers having a rating not lower than “A” as rated by A.M. Best Company, Inc. or other independent rating companie s, the following insurance which shall include the minimum coverages and limits set forth below:
(i) Commercial General Liability Insurance Commercial general liability insurance on an “occurrence” basis arising out of claims for bodily injury (including death) and property damage, as will protect the Contractor, which may arise out of or result from the Contractor’s operations under the Agreement and for which the Contractor legally liable, whether such operations are by the Contractor, by a Subcontractor, or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. Such insurance shall protect the Contractor and Owner against loss from liability imposed for damages (1) on account of bodily or personal injuries, including death, disease and sickness, accidentally suffered or alleged to have been suffered by any person or persons that may be caused directly or indirectly by the performance of this Agreement, and (2) on account of injury to or destruction of property, including the resultant loss of use of the Project or other Owner facilities or equipment, resulting from acts of commission or omission by the Contractor, or otherwise resulting directly or indirectly from the Contractor’s operations in the performance of this Agreement. This insurance shall be subject to the approval of Owner, and Owner’s approval shall not be unreasonably withheld and shall be in amounts not less than Five Million Dollars ($5,000,000) general aggregate, Two Million Dollars ($2,000,000) personal and advertising injury aggregate, with a per occurrence limit of One Million Dollars ($1,000,000) (total limits required may be satisfied with an excess or umbrella policy).
The comprehensive or commercial general liability policy shall also include a severability of interest clause and cross liability if the policy has multipl e insureds. The aggregate limit shall apply on a “per project” basis. The policy shall stipulate that the insurance afforded the additional insureds shall apply as primary insurance and that any other insurance carried by Owner or other Persons identified in this Agreement will be excess only and will not contribute with this insurance; ITEM 9
15 (ii) Automobile Liability. Automobile liability insurance, for Contractor’s liability arising out of claims for bodily injury and property damage covering all owned (if any), non-owned, leased, hired or borrowed automobiles of Contractor, including loadin g and unloading, with a minimum limit of not less than $1,000,000 per accident for combined bodily injury and property damage and containing appropriate no-fault insurance provisions or other endorsements in accordance with Applicable Law;
(iii) Worker’s Compensation Insurance All engineers, experts, Consultants and Subcontractors the Contractor intends to employ shall have taken out workers’ compensation insurance with an insurance carrier satisfactory to the Owner for all persons whom they may employ in carrying out the work contemplated under this Agreement in accordance with the Workers’ Compensation Laws of the State of California. If the Contractor employs any engineer, expert, Consultant or Subcontractor which it did not intend to emp loy prior to commencement of services, it must furnish such proof of workers’ compensation insurance to the Owner immediately upon employment. If the Contractor is self -insured, the Contractor shall furnish a Certificate of Permission to Self-Insure and a Certificate of Self-Insurance satisfactory to the Owner. (iv) Employer’s Liability Insurance All engineers, experts, Consultants and Subcontractors the Contractor intends to employ shall have taken out employer’s liability insurance with an insurance carrier reasonably satisfactory to the Owner. During the cour se of Contractor’s services, if Contractor ever intends to employ additional or different Engineers, experts, Consultants or Subcontractors, before so employing them Contractor shall furnish such reasonably satisfactory proof of insurance to the Owner. If the Contractor is self -insured, the Contractor shall furnish a Certificate of Permission to Self -Insure and a Certificate of Self - Insurance reasonably satisfactory to the Owner.
(v) Errors and Omissions Insurance Errors and omissions insurance on a claims made basis with limits of at least One Million Dollars ($1,000,000) with a deductible or self-insured retention in an amount not to exceed the sum of One Hundred Thousand Dollars ($100,000), and Contractor will maintain such coverage for a period of five (5) years following the Final Completion Date.
(vi) Builder’s All-Risk Following completion of Phase 1 and approval by Owner of the Phase 2 portion of the Scope of Work and prior to commencing Phase 2, Contractor agrees to obtain and maintain Builder’s Risk/Course -of-Construction insurance, issued on a completed value basis on all insurable Work included under the Contract Documents. This insurance shall be subject to the approval of Owner, and Owner’s approval shall not be unreasonably withheld.
This insurance shall insure against all risks, includi ng but not limited to the following perils:
vandalism, theft, malicious mischief, fire, sprinkler leakage, civil authority, sonic boom, explosion, collapse, flood, wind, hail, lightning, smoke, riot or civil commotion, debris removal (including demolition) and reasonable compensation for the Owner’s costs and expenses required as a result of such insured loss. This insurance shall provide coverage in an amount not less than the full cost to repair, replace, or reconstruct the Work. Such insurance shall inc lude the Owner, the Owner’s designated representative, and any other person or entity with an insurable interest in the Work as an additional named insured.
(vii) Other Insurance Contractor shall provide all other insurance required to be maintained under Applicable Laws, ordinances, rules, and regulations. Such insurance shall be subject to the approval of Owner, and Owner’s approval shall not be unreasonably withheld. (b) Consultants If not covered by Contractor’s coverage, each of Contractor’s Consultants shall carry coverage and limits proportionate to each such Consultant’s scope of work, and Contractor shall include such provisions in its contracts with them. If any policy carried ITEM 9
16 by any of the Consultants offers 50% or less of the limits required of the Contractor hereunder for an analogous policy, the Contractor shall notify the Owner of the proposed coverage to be carried by such Consultant, and the Owner shall have the right in its reasonable discretion to approve or reject the proposed coverage in each such case.
(c) Occupancy Owner may partially or fully occupy and/or use the Project before acceptance of the entire Project by the Owner. All of Contractor’s required insurance must allow such occupancy and/or use without prior consent from insurer. (d) Additional Insured; Primary and Non -Contributory; Waiver of Subrogation The Contractor shall name the Owner and the Owner’s designated representative as additional insureds on Contractor’s commercial general liability (using ISO CG 20 10 and CG 20 37 or exact equivalents), automobile liability, and excess/umbrella policies. The additional insured endorsement(s) included on all such insurance policies shall state that coverage is afforded the additional insured with respect to claims arising out of oper ations performed by or on behalf of the insured. If the additional insureds have other insurance which is applicable to the loss, such other insurance shall be on an excess or contingent basis. The amount of the insurer’s liability shall not be reduced b y the existence of such other insurance. The coverage provided the additional insureds on Contractor’s commercial general liability, automobile liability, and excess/umbrella policies shall apply on a primary and non -contributory basis. The Contractor’s commercial general liability, automobile liability, excess/umbrella, and workers’ compensation/employer’s liability policies shall be endorsed to include a waiver of subrogation in favor of Owner and the Owner’s designated representatives. Any excess/umbr ella policies provided by Contractor shall include a follow form endorsement or schedule of underlying coverage showing that such policies sit in excess of and shall follow the form of the underlying policies set forth herein, which Contractor intends the excess/umbrella policy to supplement. (e) Proof of Carriage of Insurance The Contractor shall not commence Work nor shall it allow any Subcontractor or Consultant to commence Work under this Agreement until all required insurance certificates, additional insured endorsements and declarations p ages have been obtained for the period covered by this Agreement and delivered in duplicate to the Owner for approval, and such approval shall not be unreasonably withheld. (f) Notice of Cancellation or Non -Renewal The Contractor shall provide or shall obligate its insurance carriers or brokers/representatives to provide for thirty (30) Days written notice to the Owner of cancellation.
(g) Project Schedule Changes At the time of making application for any extension of time pursuant to the Contract Documents, Contractor shall submit evidence that insurance policies will be in effect during the requested additional period of time. (h) Compliance If the Contractor fails to maintain such insurance or fails to cure any defects in coverage required herein within five (5) Days of receiving written notice of the defect(s), the Owner may, but shall not be required to, take out such insuran ce to cover any damages accrued for which the Owner might be held liable on account of the Contractor’s failure to pay such damages, and deduct and retain the amount of the premiums from any sums due the Contractor under this Agreement.
(i) No Limitation of Liability; Subcontractors and Consultant Obligations Nothing contained in this Agreement shall be construed as limiting, in any way, the extent to which the Contractor may be held responsible for the payment of damages resulting from t he Contractor’s operations. Each of Contractor’s Consultants and Subcontractors shall comply with all insurance ITEM 9
17 obligations under this Section, and Contractor shall include such provisions in its contracts with them.
3.13.1 Time for Compliance. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Contract for cause.
3.13.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder by Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Contract. Such insurance shall meet at lea st the following minimum levels of coverage:
3.13.2.1 Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 00 01) OR Insurance Services Office Owners and Contractors Protective Liability Coverage Form (CG 00 09 11 88) (coverage for operations of designated contractor); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 00 01, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. Policies shall not contain exclusions contrary to this Contract.
3.13.2.2 Minimum Limits of Insurance . Contractor shall maintain limits no less than: (1) General Liability: $5,000,000 per occurrence and $5,000,000 aggregate for bodily injury, personal injury and property damage; (2) Automobile Liability: $5,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ compensation limits as required by the Labor Code of the State of California.
Employer’s Liability limits of $1,000,000 each accident, policy limit bodily injury or disease, and each employee bodily injury or disease. Defense costs shall be available in addition to the limits.
Notwithstanding the minimum limits specified herein, any available coverage shall be provided to the parties required to be named as additional insureds pursuant to this Contract.
3.13.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements (amendments) on forms supplied or approved by the City to add the following provisions to the insurance policies:
3.13.3.1 General Liability . (1) Such policy shall give the City, its officials, employees, agents and authorized volunteers additional insured status using ISO endorsements CG20 10 10 01 plus CG20 37 10 01, or endorsements providing the exact same coverage, with respect to the Wor k or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) th e insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage.
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18 Any insurance or self -insurance maintained by the City, its officials, employees, agents and authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it.
3.13.3.2 Automobile Liability. (1) Such policy shall give the City, its officials, employees, agents and authorized volunteers additional insured status with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way.
3.13.3.3 Workers’ Compensation and Employer’s Liability Coverage.
The insurer shall agree to waive all rights of subrogation against the City, its officials, employees, agents and authorized volunteers for losses paid under the terms of the insurance policy which arise from work performed by Contractor.
3.13.3.4 All Coverages . Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been gi ven to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officials, employees, agents and authorized volunteers.
3.13.4 Separation of Insureds; No Special Limitations . All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its officials, employees, agents and authorized volunteers.
3.13.5 Deductibles and Self-Insurance Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the City, its officials, employees, agents and authorized volunteers; or (2) the Contractor shall procure a bond or other financial guarantee acceptable to the City guaranteeing payment of losses and relat ed investigation costs, claims and administrative and defense expenses.
3.13.6 Acceptability of Insurers . Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VII, licensed to do business in California, and satisfactory to the City. Exception may be made for the State Compensation Insurance Fund when not specifically rated.
3.13.7 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Contract on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and ITEM 9
19 approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
3.13.8 Subcontractors. All subcontractors shall meet the requirements of this Section before commencing Work. Contractor shall furnish separate certificates and endorsements for each subcontractor. Subcontractor policies of General Liability insurance shall name the City, its officials, employees, agents and authorized volunteers as additional insureds using form ISO 20 38 04 13 or endorsements providing the exact same coverage. All coverages for subcontractors shall be subject to all of the requiremen ts stated herein except as otherwise agreed to by the City in writing.
3.13.9 Reporting of Claims. Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Work under this Contract.
3.14 Bond Requirements.
3.14.1 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.
3.14.2 Performance Bond. If specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.
3.14.3 Bond Provisions . Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the effected bond within (ten) 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the Total Contract Price is increased in accordance with the Contract, Contractor shall, upon request of the City, cause the amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. If Contractor fails to furnish any required bond, the City may terminat e the Contract for cause.
3.14.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.
3.15 Warranty. Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided ITEM 9
20 by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Work or non -conformance of the Work to the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Wo rk so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Work.
Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or imp lied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non -conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense.
Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.
3.16 Employee/Labor Certifications.
3.16.1 Contractor’s Labor Certification . By its signature hereunder, Contractor certifies that he is aware of the provisions of Section 3700 of the California Labor Code which require 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 agrees to comply with such provisions before commencing the performance of the Work. A certification form for this purpose, which is attached to this Contract as Exhibit “D” and incorporated herein by reference, shall be executed simultaneously with this Contract.
3.16.2 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
3.16.3 Verification of Employment Eligibility . By executing this Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Ac t of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.
3.17 General Provisions.
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21 3.17.1 City’s Representative. The City hereby designates the General Manager, or his or her designee, to act as its representative for the performance of this Contract (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.
3.17.2 Contractor’s Representative. Before starting the Work, Contractor shall submit in writing the name, qualifications and experience of its proposed representative who shall be subject to the review and approval of the City (“′Contractor’s Representative”). Following approval by the City, Contractor’s Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Contract. Contractor’s Representative shall supervise and direct the Work, using his bes t skill and attention, and shall be responsible for all construction means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Contract. Contractor’s Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the City, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site . Arrangements for responsible supervision, acceptable to the City, shall be made for emergency Work which may be required. Should Contractor desire to change its Contractor’s Representative, Contractor shall provide the information specified above and obtain the City’s written approval.
3.17.3 Termination. This Contract may be terminated by City at any time, either with our without cause, by giving Contractor three (3) days advance written notice. In the event of termination by City for any reason other than the fault of Contractor, City shall pay Contractor for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, City may terminate the Contract immediately without notice, may reduce payment to Contractor in the amount necessary to offset City’s resulting damages, and may pursue any other available recourse against Contractor. Contractor may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. Further, if this Contract is terminated as provided, City may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by Contractor in connection with its performance of this Contract.
3.17.4 Contract Interpretation. Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from City, the matter shall be referred to City’s Representative, whose decision shall be binding upon Contractor.
3.17.5 Anti-Trust Claims . This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract to supply goods, services or materials, Contractor hereby offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Busin ess and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the City tender final payment to Contractor, without further acknowledgment by the Parties.
3.17.6 Notices. All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing ITEM 9
22 thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:
CONTRACTOR:
Mid Cal Pipeline & Utilities, Inc.
P.O. Box 2406
Merced, California 95344
Attn: Joseph Fausone
CITY:
City of Ceres
2220 Magnolia Street
Ceres, California 95307
Attn: City Manager
Any notice so given shall be considered received by the other Party three (3) days after deposit in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.17.7 Time of Essence . Time is of the essence in the performance of this Contract.
3.17.8 Assignment Forbidden. Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of City. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, City may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee.
3.17.9 No Third Party Beneficiaries . There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.17.10 Laws, Venue, and Attorneys’ Fees . This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Stanislaus, State of California.
3.17.11 Counterparts. This Contract may be executed in counterparts, each of which shall constitute an original.
3.17.12 Successors. The Parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract.
3.17.13 [Reserved]
3.17.14 Solicitation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration ITEM 9
23 contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to terminate this Contract without liability.
3.17.15 Conflict of Interest. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Contract, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising therefrom. In addition, Contractor agrees to file, or to cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Work.
3.17.16 Certification of License.
3.17.16.1 Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor’s license of the classification indicated below under Contractor’s signature.
3.17.16.2 Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of th e date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O.
Box 26000, Sacramento, California 95826.
3.17.17 Authority to Enter Contract . Each Party warrants that the individuals who have signed this Contract have the legal power, right and authority to make this Contract and bind each respective Party.
3.17.18 Entire Contract; Modification . This Contract contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Contract may only be modified by a writing signed by both Parties.
3.17.19 Non-Waiver. None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing.
3.17.20 City’s Right to Employ Other Contractors . City reserves right to employ other contractors in connection with this Project or other projects. [SIGNATURES ON NEXT PAGE]
ITEM 9
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25 EXHIBIT “A”
SERVICES / SCHEDULE
ITEM
NO. ITEM
UNIT OF
MEASURE
ESTIMATED
QUANTITY
UNIT PRICE
(IN FIGURES)
ITEM TOTAL
(IN FIGURES)
1 Bonds, Insurance, Permits, Licenses,
and Fees
LS 1 $ 50,000.00 $ 50,000.00
2 Surveying Services LS 1 $ 11,000.00 $ 11,000.00
3 Public Convenience and Safety LS 1 $ 10,000.00 $ 10,000.00 4 Water Pollution Control LS 1 $ 8,000.00 $ 8,000.00
5 Remove & Dispose Drywell Unit EA 4 $ 1,000.00 $ 4,000.00 6 Adjust Basin Inlet to Grade EA 1 $ 1,500.00 $ 1,500.00 7 Earthwork CY 1,150 $ 45.00 $ 51,750.00
8 Hydroseed Basin and Swale Area SF 21,450 $ 0.80 $ 17,160.00 9 Existing Manhole Connection EA 3 $ 3,500.00 $ 10,500.00 10 F & I 12” PVC Storm Drain LF 81 $ 160.00 $ 12,960.00 11 F & I 18” RCP Class III Storm Drain LF 3,165 $ 160.00 $ 506,400.00 12 F & I Storm Drain Manhole EA 15 $ 6,000.00 $ 90,000.00 13 F & I Catch Basin EA 10 $ 5,000.00 $ 50,000.00
14 F & I Curb and Gutter LF 3,004 $ 33.00 $ 99,132.00
15 Portable Changeable Message Signs EA 3 $ 4,000.00 $ 12,000.00 TOTAL BID $ 934,402.00
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EXHIBIT “B”
PLANS AND SPECIFICATIONS
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9/23/2024
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GENERAL
SCOPE OF WORK
The Work to be performed is included in Exhibit B – Drawings and Technical Specifications. Such other items or details, not mentioned above (Exhibit A), that are required by the drawings, and technical specifications, or the following special conditions (Exhibit C) shall be performed, placed, constructed or installed.
PERFORMANCE
The Contractor shall furnish all labor, materials, tools, equipment, incidentals, and do all work described in the Plans and these Special Provisions.
COORDINATION/COOPERATION
The Contractor shall notify the Engineer at (209) 538-5792 at least three (3) working days in advance of the tentative starting date.
The Contractor shall be responsible for contacting and coordinating with all utility companies, including the City, with regards to the location of existing underground facilities in the construction area. The Contractor shall call Underground Service Alert at 811, at least 2 working days before commencement of underground work for location of underground facilities.
Utility facilities damaged, temporarily disconnected, or relocated as a result of construction shall be repaired/reconnected as directed by the governing utility at the Contractor's expense.
Measurement and Payment
Full compensation for conforming to the requirements of this section shall be considered as included in the price paid for the various contract items of work involved and no additional compensation will be made.
INSPECTION OF SITE
The Contractor shall inspect the work site and note all existing conditions before submitting a bid for this project. A site tour is scheduled immediately following the pre-bid meeting if requested.
DUST CONTROL
It shall be the responsibility of the Contractor to minimize dust during earth moving operations. A water truck shall be made available if necessary for dust control.
Measurement and Payment
Full compensation for conforming to the requirements of this section shall be considered as included in the price paid for the various contract items of work involved and no additional compensation will be made.
AS-BUILT DRAWINGS
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Record Drawings shall be submitted before the notice of completion is filed and must include the following:
• Shall be at least 24”x 36”
• Contractor’s statement (with original signature on each sheet) shall verify all construction specifications and product qualities have been met or exceeded. • “AS-BUILT DRAWINGS” or “RECORD DRAWINGS” shall be clearly labeled on each sheet. • The location and elevation of the benchmark referenced will be shown on the drawing. • Corrected placement, grade, elevation and alignment of roads, water system, sewer and storm system, lighting system and appurtenances, pipe sizes, material changes, shall all be shown on as-built drawing.
• All horizontal distances shall be shown to the nearest tenth of a foot (0.1’). All elevations shall be shown to the nearest five hundredths of a foot (0.05’).
Measurement and Payment
Full compensation for conforming to the requirements of this section shall be considered as included in the price paid for the various contract items of work involved and no additional compensation will be made.
SURVEYING SERVICES
The Contractor will arrange for performance of survey work and construction layout and will be responsible for the accuracy of surveying adequate for construction. The selection of a Surveyor by the Contractor will be subject to approval by the Engineer. The Contractor shall preserve construction survey stakes and marks for the duration of their usefulness. If any construction survey stakes are lost or disturbed and need to be replaced, such replacement shall be by the Surveyor at the expense of the Contractor. The Contractor will dig all holes necessary for line and grade stakes.
Full cost of providing surveys shall be borne exclusively by the Contractor.
Measurement and Payment
Full compensation for "Surveying Services," shall be at the contract lump sum price as set forth in the proposal and shall include all labor, materials, tools, equipment, and all work necessary for the completion of this item.
BONDS, INSURANCE, PERMITS, LICENSES, AND FEES
The Contractor shall procure all bonds, insurance, permits, and licenses and pay all charges and fees, and give all notices necessary and incidental to the prosecution of the work.
Measurement and Payment
Full compensation for "Bonds, Insurance, Permits, Licenses, and Fees " shall be at the contract lump sum price as set forth in the proposal, and shall include all fees associated with bonds, insurance, permits, licenses, inspections, and all other fees necessary for the completion of this item.
PUBLIC CONVENIENCE AND SAFETY
Construction Area Traffic Control Devices
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Flagging, signs, and all other traffic control devices furnished, installed, maintained, and removed when no longer required shall conform to the provisions in Section 12, " TEMPORARY TRAFFIC CONTROL," of the Standard Specifications and these special provisions.
Category 1 traffic control devices are defined as those devices that are small and lightweight (less than 45 kg) and have been in common use for many years. The devices shall be known to be crashworthy by crash testing, crash testing of similar devices, o r years of demonstrable safe performance. Category 1 traffic control devices include traffic cones, plastic drums, portable delineators, and channelizers.
If requested by the Engineer, the Contractor shall provide written self -certification for crashworthiness of Category 1 traffic control devices. Self -certification shall be provided by the manufacturer or Contractor and shall include the following: date, Federal Aid number (if applicable), expenditure authorization, district, county, route and kilometer post of project limits; company name of certifying vendor, street address, city, state and zip code; printed name, signature and title of certifying person; and an indication of which Category 1 traffic control devices will be used on the project. The Contractor may obtain a standard form for self-certification from the Engineer.
Category 2 traffic control devices are defined as those items that are small and lightweight (less than 45 kg), that are not expected to produce significant vehicular velocity change but may otherwise be potentially hazardous. Category 2 traffic control d evices include: barricades and portable sign supports.
Category 2 devices purchased on or after October 1, 2000 shall be on the Federal Highway Administration (FHWA) Acceptable Crashworthy Category 2 Hardware for Work Zones list.
Category 2 devices that have not received FHWA acceptance, and were purchased before October 1, 2000, may continue to be used until they complete their useful service life or until January 1, 2003, whichever comes first. Category 2 devices in use that have received FHWA acceptance shall be labeled with the FHWA acceptance letter number and the name of the manufacturer by the start of the project. The label shall be readable. After January 1, 2003, all Category 2 devices without a label shall not be used on the project.
If requested by the Engineer, the Contractor shall provide a written list of Category 2 devices to be used on the project at least 5 days prior to beginning any work using the devices. For each type of device, the list shall indicate the FHWA acceptance l etter number and the name of the manufacturer.
Full compensation for providing self-certification for crashworthiness of Category 1 traffic control devices and for providing a list of Category 2 devices used on the project and labeling Category 2 devices as specified shall be considered as included in the prices paid for the various contract items of work requiring the use of the Category 1 or Category 2 traffic control devices and no additional compensation will be allowed therefore.
Construction Area Signs
Construction area signs shall be furnished, installed, maintained, and removed when no longer required in conformance with the provisions in Section 12, "TEMPORARY TRAFFIC CONTROL" of the Standard Specifications and these special provisions.Attention is directed to the provisions in "Prequalified and Tested Signing and Delineation Materials" of these special provisions. Type II retroreflective sheeting shall not be used on construction area sign panels.
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Attention is directed to "Construction Project Information Signs" of these special provisions regarding the number and type of construction project information signs to be furnished, erected, maintained, and removed and disposed of.
The Contractor shall notify the appropriate regional notification center for operators of subsurface installations at least 2 working days, but not more than 14 calendar days, prior to commencing excavation for construction area sign posts. The regional notification centers include, but are not limited to, the following:
Notification Center Telephone
Number
Underground Service Alert -Northern California
(USA) 1-800-642-2444
Underground Service Alert-Southern California
(USA) 1-800-422-4133
Excavations required to install construction area signs shall be performed by hand methods without the use of power equipment, except that power equipment may be used if it is determined there are no utility facilities in the area of the proposed post holes.
Sign substrates for stationary mounted construction area signs may be fabricated from fiberglass reinforced plastic as specified under "Prequalified and Tested Signing and Delineation Materials" of these special provisions.
The Contractor may be required to cover certain signs during the progress of the work. Signs that are no longer required or that convey inaccurate information to the public shall be immediately covered or removed, or the information shall be corrected. Covers for construction area signs shall be of sufficient size and density to completely block out the complete face of the signs. The retroreflective face of the covered signs shall not be visible either during the day or at night. Covers shall be fastened securely so that the signs remain covered during inclement weather. Covers shall be replaced when they no longer cover the signs properly.
Full compensation for furnishing all labor, materials, tools, equipment and incidentals necessary to furnish install and maintain Construction Area Signs as specified in Section 12 of the Standard Specifications, the plans and these Special Provisions and as directed by the Engineer will be considered as included in the contract price for Public Convenience and Safety and no additional compensation will be allowed therefore.
Maintaining Traffic
Attention is directed to Sections 7 -1.03, "Public Convenience," 7 -1.04, "Public Safety," and 12, "Temporary Traffic Control," of the Standard Specification. Nothing in these special provisions shall be construed as relieving the Contractor from the responsibilities specified in Section 7-1.04.
Lane closures shall conform to the provisions in section 12-4.02C(2) "Lane Closure System" of the Standard Specifications.
Full compensation for furnishing all labor,(including flagging costs), materials, tools, equipment and incidentals, for preparing and submitting lane closure plans and for doing all work involved in maintaining traffic including maintaining the roadbed in a smooth and even condition for passage of public traffic, furnishing and installing such signs, lights, flares necessary to expedite passage of ITEM 9
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public traffic through or around the work, all as specified in Section 12, Section 7-1.03, and Section 7-1.04 of the Standard Specifications and as directed by the Engineer will be considered as included in the contract price for the Public Convenience and Safety and no additional compensation will be allowed therefore.
Traffic Control System for Lane Closure
A traffic control system shall consist of closing traffic lanes in conformance with the details shown on the plans, the provisions in Section 12, "Temporary Traffic Control", of the Standard Specifications, the provisions under "Maintaining Traffic" and "Construction Area Signs" of these special provisions, and these special provisions.
The provisions in this section will not relieve the Contractor from the responsibility to provide additional devices or take measures as may be necessary to comply with the provisions in Section 7-1.04, "Public Safety," of the Standard Specifications.
If components in the traffic control system are displaced or cease to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair the components to the original condition or replace the components and shall restore the components to the original location.
When lane closures are made for work periods only, at the end of each work period, components of the traffic control system, except portable delineators placed along open trenches or excavation adjacent to the traveled way, shall be removed from the traveled way and shoulder. If the Contractor so elects, the components may be stored at selected central locations designated by the Engineer within the limits of the highway right of way.
One-way traffic shall be controlled through the project in conformance with Section 12 of the Standard Specifications and these special provisions. Additional advance flaggers will be required.
The contract lump sum price paid for Public Convenience and Safety shall include full compensation for furnishing all labor (including flagging costs), materials (including signs), tools, equipment, and incidentals, and for doing all the work involved in placing, removing, storing, maintaining, moving to new locations, replacing, and disposing of the components of the traffic control system as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer and no additional compensation will be allowed therefore.
The adjustment provisions in Section 4 -1.05, "Changes and Extra Work," of the Standard Specifications shall not apply to the item of Public Convenience and Safety. Adjustments in compensation for traffic control system will be made only for increased or decreased traffic control system required by changes ordered by the Engineer and will be made on the basis of the cost of the increased or decreased traffic control necessary. The adjustment will be made on a force account basis as provided in Section 9-1.04, "Force Account", of the Standard Specifications for increased work and estimated on the same basis in the case of decreased work.
Traffic control system required by work which is classed as extra work, as provided in Section 4-1.05 of the Standard Specifications, will be paid for as a part of the extra work.
Measurement and Payment
The contract lump sum price paid for “Public Convenience and Safety” shall include full compensation for furnishing all labor (including flagging costs), materials (including signs), tools, equipment, and incidentals, and for doing all the work involved in placing, removing, storing, ITEM 9
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maintaining, moving to new locations, replacing, and disposing of the components of the traffic control system as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer and no additiona l compensation will be allowed therefore.
WATER POLLUTION CONTROL
Summary
It shall be the responsibility of the Contractor to comply with all of the requirements of the latest NPDES General Permit for "Storm Water Discharges Associated with Construction and Land Disturbance Activities" (Order No. 2022-0057-DWQ, NPDES No. CAS000002) hereinafter called the "Permit" and standard industry practice. Copies of the Permit are available from the SWRCB at 1001 “I” Street, P.O. Box 100, Sacramento, California 95812-100, Telephone: (916) 341-5455 and may also be obtained from the SWRCB website at:
http://www.waterboards.ca.gov
This includes, but is not limited to, preparing plans and application, maps as well as all necessary reporting on the SWQCB's Storm Water Multiple Application and Report Tracking System (SMARTS System). The Contractor, working with their certified Qualifie d Storm Water Pollution Prevention Plan (SWPPP) Developer (QSD), will determine what would be the best course of action to comply with the latest State NPDES General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities Order No. 2022-0057- DWQ. If the Contractor's QSD determines a SWPPP is the best course of action, it shall be the responsibility of the Contractor and their QSD to submit to Construction Management a completed SWPPP for review. Upon acceptance of the SWPPP document by Construction Management, the QSD shall prepare a Notice of Intention (NOI) application in the SWQCB's SMARTS System and upload all necessary documents and maps to be approved by the Legally Responsible Person (LRP). Until a written approval of the SWPPP has been obtained from the SWQCB, no construction activity shall commence on the project site. Upon obtaining written approval of the SWPPP, it shall be the responsibility of the Contractor to implement the SWPPP. Throughout the course of the project, the Contractor's Qualified SWPPP Practitioner (QSP) shall conduct periodic inspections, testing, any reporting on the SMARTS System as well as coordinate with the QSD to update the SWPPP as necessary. At the conclusion of construction, it shall be the responsibility of the Contractor and his or her QSD/QSP to ensure Annual Report(s) have been prepared on the SMARTS System as well as prepare the Notice of Termination (NOT) for City's approval. The Contractor shall keep a copy of the approved SWPPP, and amendments thereto, at the job site and in the general business office of the Contractor. In addition, the Contractor shall make available to Construction Management copies of all amendments to the SWPPP as prepared by the Contractor. The SWPPP shall be made available upon request of a representative of the Regional Water Quality Control Board, State Water Resources Control Board or U. S. Environmental Protection Agency. Requests by the public shall be directed to the Engineer.
If the Contractor and/or his/her QSD determines that a SWPPP is not necessary, then it shall be the responsibility of the Contractor to provide a list of Best Management Practices (BMP) that are to be implemented during the Work to Construction Management. The Contractor shall implement the BMP in a timely manner and maintain throughout the duration of the project. The Contractor shall keep a copy of the BMP list and any modification to the list at the job site and in the general business office of the Contractor. In addition, the Contractor shall make available to the City copies of all modifications to the BMP list. The BMP list shall be made available upon request of a ITEM 9
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representative of the Regional Water Quality Control Board, State Water Resources Control Board or U. S. Environmental Protection Agency. Requests by the public shall be directed to Construction Management.
Notice of violation and/or fines for any non -compliance will be the responsibility of the Contractor.
Manage work activities to reduce the discharge of pollutants to surface waters, groundwater, or municipal separate storm sewer systems including work items shown in the Bid Item List for:
1. Prepare Storm Water Pollution Prevention Plan. SWPPP preparation includes obtaining SWPPP approval, amending the SWPPP, preparing a CSMP and a SAP, and monitoring and inspecting WPC practices at the job site.
2. Storm Water Annual Report. Storm Water Annual Report preparation includes certifications, monitoring and inspection results, and obtaining Storm Water Annual Report acceptance.
3. Storm Water Sampling and Analysis Day. Storm Water Sampling and Analysis Day includes reporting of storm water quality per qualifying rain event. If specified for the risk level, the work includes preparation, collection, analysis, and reporting of storm water samples for turbidity, pH, and other constituents.
4. Rain Event Action Plan. If specified for the project risk level, REAP preparation includes preparing and submitting REAP forms and monitoring weather forecasts.
Do not start work until:
1. SWPPP is approved by the City.
2. SWPPP is uploaded onto the SMART System.
3. WDID is issued.
4. SWPPP review requirements have been fulfilled. If the RWQCB requires time for SWPPP review, allow 30 days for the RWQCB to review the SWPPP as specified under "Submittals" of these special provisions.
This project is anticipated to be Risk Level 1.
Definitions and Abbreviations
active and inactive areas: (1) Active areas have soil disturbing work activities occurring at least once within 14 days, and (2) Inactive areas are areas that have not been disturbed for at least 15 days.
BMPs: Best Management Practices are water pollution control practices. construction phase: Construction phases are (1) Highway Construction including work activities for building roads and structures, (2) Plant Establishment including maintenance on vegetation installed for final stabilization, and (3) Suspension where work activities are suspended and areas are inactive.
CSMP: Construction Site Monitoring Program.
NAL: Numeric Action Level.
NEL: Numeric Effluent Limit.
NPDES: National Pollutant Discharge Elimination System.
NOI: Notice of Intent.
Normal working hours: The hours you normally work on this project.
Preparation Manual: The Department's "Storm Water Pollution Prevention Plan and Water Pollution Control Program Preparation Manual."
QSD: Qualified SWPPP Developer.
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QSP: Qualified SWPPP Practitioner.
Qualified rain event: A qualified rain event is a storm that produces at least 0.5 inch of precipitation with a 48 hour or greater period between storms.
REAP: Rain Event Action Plan.
RWQCB: Regional Water Quality Control Board.
SAP: Sampling and Analysis Plan.
SSC: Suspended Sediment Concentration.
SWRCB: State Water Resources Control Board. SWPPP: Storm Water Pollution Prevention Plan. WDID: Waste Discharge Identification Number. WPC: Water Pollution Control.
WPC Manager: Water Pollution Control Manager. The WPC Manager implements water pollution control work described in the SWPPP and oversees revisions and amendments to the SWPPP.
Submittals
Within 20 days after contract approval, start the following process for SWPPP approval:
1. Submit 3 copies of the SWPPP and allow 20 days for the Engineer's review. If revisions are required, the Engineer provides comments and specifies the date that the review stopped.
2. Change and resubmit the SWPPP within 15 days of receipt of the Engineer's comments.
The Engineer's review resumes when the complete SWPPP is resubmitted.
3. When the Engineer approves the SWPPP, submit an electronic and 4 printed copies of the approved SWPPP.
4. If the RWQCB reviews the approved SWPPP, the Engineer submits one copy of the approved SWPPP to the RWQCB for their review and comment. RWQCBs requiring time to review SWPPPs include:
5. If the Engineer requests changes to the SWPPP based on RWQCB comments, amend the SWPPP within 10 days.
Submit:
1. Storm water training records including training dates and subjects for employees and subcontractors. Include dates and subjects for ongoing training, including tailgate meetings.
2. Employee training records.
2.1. Within 5 days of SWPPP approval for existing employees
2.2. Within 5 days of training for new employees
2.3. At least 5 days before subcontractors start work for subcontractor's employees
Prepare a Storm Water Annual Report for the reporting period from July 1st to June 30th. For the prior reporting period, submit the report no later than July 15th if construction occurs from July 1st through June 30th or within 15 days after contract acceptance if construction ends before June 30th.
Submit the Storm Water Annual Report as follows:
1. Submit 2 copies of the Storm Water Annual Report and allow 10 days for the Engineer's review. If revisions are required, the Engineer provides comments and specifies the date that the review stopped.
2. Change and resubmit the Storm Water Annual Report within 5 days of receipt of the Engineer's comments. The Engineer's review resumes when the complete Storm Water Annual Report is resubmitted.
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3. When the Engineer accepts the Storm Water Annual Report, insert the WPC Manager's signed certification and the Engineer's signed certification.
Submit one electronic copy and 2 printed copies of the accepted Storm Water Annual Report.
Submit as required:
1. NAL Exceedance Reports
2. NEL Exceedance Reports
3. Visual Monitoring Reports
4. Inspection Reports
5. BMP Status Report
At least 5 days before operating any construction support facility, submit:
1. A plan showing the location and quantity of WPC practices associated with the construction support facility
2. A copy of the NOI approved by the RWQCB and the SWPPP approved by the RWQCB if you will be operating a batch plant or a crushing plant under the General Industrial Permit Quality Control and Assurance Training
Provide storm water training for:
1. Project managers
2. Supervisory personnel
3. Employees involved with WPC work
Train all employees, including subcontractor's employees, in the following subjects:
1. WPC rules and regulations
2. Implementation and maintenance for:
2.1. Temporary Soil Stabilization
2.2. Temporary Sediment Control
2.3. Tracking Control
2.4. Wind Erosion Control
2.5. Material pollution prevention and control
2.6. Waste management
2.7. Non-storm water management
2.8. Identifying and handling hazardous substances
2.9. Potential dangers to humans and the environment from spills and leaks or exposure to toxic or hazardous substances
Employees must receive initial WPC training before working on the job site. Conduct weekly training meetings covering:
1. WPC BMP deficiencies and corrective actions
2. BMPs that are required for work activities during the week
3. Spill prevention and control
4. Material delivery, storage, use, and disposal
5. Waste management
6. Non-storm water management procedures
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Training for personnel to collect water quality samples must include:
1. SAP review
2. Health and safety review
3. Sampling simulations
A Storm Water Information Handout has been prepared for this contract and is available as described in "Supplemental Project Information" of these special provisions.
If you operate construction support facilities, protect storm water systems or receiving waters from the discharge of potential pollutants by using WPC practices.
Construction support facilities include:
1. Staging areas
2. Storage yards for equipment and materials
3. Mobile operations
4. Batch plants for PCC and HMA
5. Crushing plants for rock and aggregate
6. Other facilities installed for your convenience such as haul roads
If you operate a batch plant to manufacture PCC, HMA, or other material; or a crushing plant to produce rock or aggregate; obtain coverage under the General Industrial General Permit. You must be covered under the General Industrial Permit for batch plants and crushing plants located:
1. Outside of the job site
2. Within the job site that serve one or more contracts
Discharges from manufacturing facilities such as batch plants must comply with the general waste discharge requirements for Order No. 97 -03-DWQ, NPDES General Permit No. CAS000001, issued by the SWRCB for "Discharge of Stormwater Associated with Industrial Activities Excluding Construction Activities." For the General Industrial Permit, go to:
http://www.waterboards.ca.gov/
You may obtain copies of the Preparation Manual from the Publication Distribution Unit. The mailing address for the Publication Distribution Unit is:
State of California
Department of Transportation
Publication Distribution Unit
1900 Royal Oaks Drive
Sacramento, California 95815
Telephone: (916) 445-3520
The Preparation Manual and other WPC references are available at the Department's "Construction Storm Water and Water Pollution Control" Web site. For the Web site, go to:
http://www.dot.ca.gov/hq/construc/stormwater/stormwater1.htm
Water Pollution Control Manager
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Assign one WPC Manager to implement the SWPPP. The WPC Manager must comply with the Permit qualifications for a QSP and a QSD. You may assign a different QSD to prepare the SWPPP.
The QSD must have the following qualifications:
1. Department approved storm water management training described in the Department's "Construction Storm Water and Water Pollution Control" web site
2. Registration or certification described in the Permit The QSP must meet the qualifications of the QSD or have the following certifications:
1. Department approved storm water management training described in the Department's "Construction Storm Water and Water Pollution Control" web site
2. Certification described in the Permit
At the job site, the WPC Manager must:
1. Be responsible for WPC work
2. Be the primary contact for WPC work
3. Oversee the maintenance of WPC practices
4. Oversee and enforce hazardous waste management practices
5. Have the authority to mobilize crews to make immediate repairs to WPC practices
6. Ensure that all employees have current water pollution control training
7. Implement the approved SWPPP and amend the SWPPP when required WPC Manager must oversee:
1. Inspections of WPC practices identified in the SWPPP
2. Inspections and reports for visual monitoring
3. Preparation and implementation of REAPs
4. Sampling and analysis
5. Preparation and submittal of:
5.1. NAL exceedance reports
5.2. NEL exceedance reports
5.3. SWPPP annual certification
5.4. Annual reports
5.5. BMP status reports
STORM WATER POLLUTION PREVENTION PLAN (SWPPP)
General
SWPPP work includes preparing a SWPPP including a CSMP, obtaining SWPPP approval, amending the SWPPP, inspecting and reporting on WPC practices at the job site. The SWPPP must comply with the Preparation Manual and the Permit. The SWPPP must be submitted in place of the water pollution control program under Section 13-2, "Water Pollution Control Program," of the Standard Specifications.
Additional WPC work will be paid for as extra work under Section 4 -1.05, "Changes and Extra Work," of the Standard Specifications.
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The SWPPP must include sections as specified for the project risk level as follows:
1. For risk level 1:
1.1. Schedule
1.2. CSMP
2. For risk level 2:
2.1. Schedule
2.2. CSMP
2.3. Adherence to Effluent Standards for NALs
2.4. REAP
3. For risk level 3:
3.1. Schedule
3.2. CSMP
3.3. Adherence to Effluent Standards for NALs and NELs
3.4. REAP
The SWPPP must include WPC practices for:
1. Storm water and non-stormwater from areas outside of the job site related to project work activities such as:
1.1. Staging areas
1.2. Storage yards
1.3. Access roads
2. Activities or mobile operations related to contractor obtained NPDES permits
3. Construction support facilities
The SWPPP must include a copy of permits obtained by the Department such as Fish & Game permits, US Army Corps of Engineers permits, RWQCB 401 Certifications, and RWQCB Waste Discharge Requirements for Aerially Deposited Lead Reuse.
Amend the SWPPP annually and resubmit it by July 15th. Amend the SWPPP if:
1. Changes in work activities could affect the discharge of pollutants
2. WPC practices are added by change order work
3. WPC practices are added at your discretion
4. Changes in the amount of disturbed soil are substantial
5. Objectives for reducing or eliminating pollutants in storm water discharges have not been achieved
6. There is a Permit violation
Whenever you amend the SWPPP, follow the same process specified for SWPPP approval.
Retain a printed copy of the approved SWPPP at the job site.
SWPPP Schedule
The SWPPP schedule must:
1. Describe when work activities will be performed that could cause the discharge of pollutants into storm water
2. Describe WPC practices associated with each construction phase
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Construction Site Monitoring Program (CSMP)
General
The QSD must prepare a CSMP as part of the SWPPP. The CSMP must be developed before starting work and be revised to reflect current construction activities as necessary.
The CSMP must include sections for the project risk level as follows:
1. For risk level 1:
1.1. Visual Monitoring
1.2. SAP for Non-Visible Pollutants
2. For risk level 2:
2.1. Visual Monitoring
2.2. SAP for Non-Visible Pollutants
2.3. SAP for sediment and turbidity
2.4. SAP for pH
3. For risk level 3:
3.1. Visual Monitoring
3.2. SAP for Non-Visible Pollutants
3.3. SAP for sediment and turbidity
3.4. SAP for pH
3.5. SAP for receiving waters
3.6. SAP for temporary active treatment systems
Visual Monitoring
The WPC Manager must oversee the performance of visual inspections for qualifying rain events.
For each qualifying rain event, perform visual inspections and record observations during normal working hours as follows:
1. Record the time, date, and rain gauge reading
2. Observe:
2.1. Within 2 days before the storm:
2.1.1 Drainage areas for spills, leaks, or uncontrolled pollutants
2.1.2 Proper implementation of WPC practices
2.1.3 Storm water storage areas for leaks and adequate freeboard
2.2. Every 24 hours during the storm:
2.2.1 WPC practices for effective operation
2.2.2 WPC practices needing maintenance and repair
2.3. Within 2 days after the storm event:
2.3.1. Discharge locations
2.3.2. WPC practices to evaluate the design, implementation, and effectiveness
2.3.3. To identify where additional WPC practices may be needed.
Perform non-stormwater discharge visual inspections as follows:
1. At least once during each of the following periods:
1.1. January through March
1.2. April through June
1.3. July through September
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1.4. October through December
2. Observe flowing and contained storm water for the presence of floating and suspended materials, sheen on the surface, discoloration, turbidity, odors, and sources of observed pollutants
3. Observe the job site for the presence of authorized and unauthorized non -stormwater discharges and their sources
The WPC Manager must prepare visual inspection reports that include the following:
1. Name of personnel performing the inspection, inspection date, and date inspection report completed
2. Storm and weather conditions
3. Locations and observations
4. Corrective actions taken
Maintain visual inspections reports at the job site as part of the SWPPP.
Sampling and Analysis Plan (SAP)
General
Include a SAP in the CSMP to monitor the effectiveness of WPC practices. The SAP must comply with the Preparation Manual.
Assign trained personnel to collect water quality samples. Document their training in the SAP.
Describe the following water quality sampling procedures in the SAP:
1. Sampling equipment
2. Sample preparation
3. Collection
4. Field measurement methods
5. Analytical methods
6. Quality assurance and quality control
7. Sample preservation and labeling
8. Collection documentation
9. Sample shipping
10. Chain of custody
11. Data management and reporting
12. Precautions from the construction site health and safety plan
13. Laboratory selection and certifications
Whenever assigned field personnel take samples, comply with the equipment manufacturer's recommendation for collection, analysis methods, and equipment calibration.
Samples taken for laboratory analysis must follow water quality sampling procedures and be analyzed by a State -certified laboratory under 40 CFR Part 136, "Guidelines Establishing Test Procedures for the Analysis of Pollutants."
The SAP must identify the State-certified laboratory, sample containers, preservation requirements, holding times, and analysis method. For a list of State-certified laboratories, go to:
http://www.cdph.ca.gov/certlic/labs/Pages/ELAP.aspx
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Include procedure for sample collection during precipitation.
Retain water quality sampling documentation and analytical results with the SWPPP at the job site.
Show pollutant sampling locations on SWPPP drawings.
If discharges or sampling locations change because of changed work activities or knowledge of site conditions, amend the SAP.
If the project is risk level 2 or risk level 3, include procedures for collecting and analyzing at least 3 samples for each day of each qualifying rain event. Describe the collection of effluent samples at all locations where the storm water is discharged off-site.
Analytical Results and Evaluation
Submit an electronic copy (in file format .xls, .txt, .csv, .dbs, or .mdb) and a printed copy of water quality analytical results, and quality assurance and quality control within 48 hours of field analysis sampling, and within 30 days for laboratory analy sis. Also provide an evaluation of whether the downstream samples show levels of the tested parameter that are higher than the control sample.
Electronic water quality analysis results must have the following information:
1. Sample identification number
2. Contract number
3. Constituent
4. Reported value
5. Analytical method
6. Method detection limit
7. Reported limit
SAP for Non-Visible Pollutants
The SAP must include a description of the sampling and analysis strategy for monitoring non- visible pollutants.
The SAP must identify potential non-visible pollutants present at the job site associated with any of the following:
1. Construction materials and waste
2. Existing contamination due to historical site usage
3. Application of soil amendments, including soil stabilization materials, with the potential to change pH or contribute toxic pollutants to storm water SWPPP drawings must show the locations planned for storage and use of potential non -visible pollutants.
The SAP must include sampling procedures for the following conditions when observed during a storm water visual inspection. For each of the following, collect at least one sample for each qualifying storm event:
1. Materials or waste containing potential non-visible pollutants that are not stored under watertight conditions
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2. Materials or waste containing potential non -visible pollutants that are stored under watertight conditions, but a breach, leakage, malfunction, or spill is observed; the leak or spill has not been cleaned up before precipitation; and material or waste coul d discharge non-visible pollutants to surface waters or drainage system
3. Chemical applications, including fertilizer, pesticide, herbicide, methyl methacrylate concrete sealant, or non-pigmented curing compound used during precipitation or within 24 hours preceding precipitation, and could discharge pollutants to surface waters or drainage system
4. Applied soil amendments, including soil stabilization materials that could change pH levels or contribute toxic pollutants to storm water runoff and discharge pollutants to surface waters or drainage system, unless available independent test data indicates acceptable concentrations of non-visible pollutants in the soil amendment
5. Storm water runoff from an area contaminated by historical usage of the site that could discharge pollutants to surface waters or drainage systems
The SAP must provide sampling procedures and schedule for:
1. Sample collection during the first 2 hours of each rain event that generate runoff
2. Sample collection during normal working hours
3. Each non-visible pollutant source
4. Uncontaminated control sample
The SAP must identify locations for sampling downstream and control samples, and reasons for selecting those locations. Select control sample locations where the sample will not come in contact with materials, waste, or areas associated with potential non -visible pollutants or disturbed soil areas.
SAP for Sediment and Turbidity
If the project is risk level 2 or risk level 3, sample and analyze for turbidity:
Parameter Test Method Detection Limit
(Min)
Unit
Turbidity Field test with calibrated
portable instrument
1 NTU
If the project is risk level 3 and the turbidity NEL has been exceeded, sample and analyze for SSC:
Parameter Test Method Detection Limit
(Min)
Unit
SSC ASTM Method D3977-97 5 Mg/L
SAP for pH
If the project is risk level 2 or risk level 3, sample and analyze for pH:
Parameter Test Method Detection Limit
(Min)
Unit
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pH Field test with calibrated
portable instrument
0.2 pH units
SAP for Receiving Waters
If the project is risk level 3, describe procedures for obtaining samples from representative and accessible locations:
1. Upstream of the discharge point
2. Downstream of the discharge point
Show receiving water sampling locations on SWPPP drawings.
If there are several discharge points, describe procedures for obtaining samples from a single upstream and a single downstream location.
Rain Event Action Plan (REAP)
REAP work includes preparing and submitting REAP forms and monitoring weather forecasts. The WPC Manager must submit a REAP to protect the job site at least 48 hours before a predicted rain event.
Prepare a REAP when the National Weather Service is predicting at least a 50 percent probability of precipitation within 72 hours.
For the REAP, use approved forms and include:
1. Site location
2. Risk level
3. Contact information including 24-hour emergency phone numbers for:
3.1. WPC Manager
3.2. Erosion and sediment control providers or subcontractors
3.3. Storm water sampling providers or subcontractors
4. Storm Information
5. Construction phase information for:
5.1. Highway Construction including active and inactive areas for work activities for building roads and structures
5.2. Plant Establishment including maintenance on vegetation installed for final stabilization where areas are inactive
5.3. Suspension where work activities are suspended and areas are inactive
6. Construction phase information including:
6.1. Construction activities
6.2. Subcontractors and trades on the job site
6.3. Pre-storm activities including:
6.3.1. Responsibilities of the WPC Manager
6.3.2. Responsibilities of the crew and crew size
6.3.3. Stabilization for active and inactive disturbed soil areas
6.3.4. Stockpile management
6.3.5. Corrective actions taken for deficiencies identified during pre-storm visual inspection
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6.4. Activities to be performed during storm events including:
6.4.1. Responsibilities of the WPC Manager
6.4.2. Responsibilities of the crew and crew size
6.4.3. BMP maintenance and repair
6.5. Description of flood contingency measures
You must have the REAP onsite at least 24 hours before a predicted rain event. A printed copy of each REAP must be at the job site as part of the SWPPP
Implement the REAP including mobilizing crews to complete activities no later than 24 hours before precipitation occurs.
IMPLEMENTATION REQUIREMENTS
SWPPP Implementation
Obtain, install, and maintain a rain gauge at the job site. Observe and record daily precipitation.
Monitor the National Weather Service Forecast Office on a daily basis. For forecasts, go to:
http://www.srh.noaa.gov/forecast
Whenever you or the Engineer identifies a deficiency in the implementation of the approved SWPPP:
1. Correct the deficiency immediately, unless the Engineer agrees to a later date for making the correction
2. Correct the deficiency before precipitation occurs
If you fail to correct the deficiency by the agreed date or before the onset of precipitation, the Department may correct the deficiency and deduct the cost of correcting the deficiency from payment.
Continue SWPPP implementation during any temporary suspension of work activities.
Install WPC practices within 15 days or before predicted precipitation, whichever occurs first.
Numeric Action Levels (NALs)
If the project is risk level 2 or risk level 3, then it is subject to NALs:
Parameter Test Method Detection
Limit (Min)
Unit Numeric Action Limit
pH Field test calibrated
with portable
instrument
0.2 pH units Lower NAL = 6.5 Upper
NAL = 8.5
Turbidity Field test calibrated
with portable
instrument
1 NTU 250 NTU
Numeric Effluent Limits (NELs)
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If the project is risk level 3, then it is subject to NELs:
Parameter Test Method Detection
Limit (Min)
Unit Numeric Effluent Limit
pH Field test calibrated
with portable
instrument
0.2 pH units Lower NEL = 6.0 Upper
NEL = 9.0
Turbidity Field test calibrated
with portable
instrument
1 NTU 500 NTU
The storm event daily average for storms up to the 5-year, 24-hour storm, must not exceed the NEL for turbidity.
The daily average sampling results must not exceed the NEL for pH.
Storm Water Sampling and Analysis Day
Storm Water Sampling and Analysis Day work includes preparation, collection, analysis, and reporting of storm water samples for turbidity, pH, and other constituents. If the project is risk level 2 or risk level 3, and there is a qualified rain event that produces runoff, comply with the project's SAP for preparation, collection, analysis, and reporting of storm water samples. Collect:
1. Samples for each non -visible pollutant source and a corresponding uncontaminated control sample
2. Samples for turbidity, pH, and other constituents as specified
3. At least 3 samples for each day of each qualifying rain event
4. Samples for all locations where the storm water is discharged off-site
Perform sample collection during:
1. First 2 hours of each qualified rain event that produces runoff
2. Normal working hours
If the project is risk level 3, obtain receiving water samples.
You are not required to physically collect samples during dangerous weather conditions such as flooding or electrical storms.
If downstream samples show increased levels, assess WPC practices, site conditions, and surrounding influences to determine the probable cause for the increase.
Inspection
The WPC Manager must oversee inspections for WPC practices identified in the SWPPP:
1. Before a forecasted storm
2. After precipitation that causes site runoff
3. At 24-hour intervals during extended precipitation
4. On a predetermined schedule, a minimum of once a week
The WPC Manager must oversee daily inspections of:
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1. Storage areas for hazardous materials and waste
2. Hazardous waste disposal and transporting activities
3. Hazardous material delivery and storage activities
4. WPC practices specified under "Construction Site Management" of these special provisions
The WPC Manager must use the Storm Water Site Inspection Report provided in the Preparation Manual.
The WPC Manager must prepare BMP status reports that include the following:
1. Location and quantity of installed WPC practices
2. Location and quantity of disturbed soil for the active or inactive areas Within 24 hours of finishing the weekly inspection, the WPC Manager must submit:
1. Copy of the completed site inspection report
2. Copy of the BMP status report
REPORTING REQUIREMENTS
Storm Water Annual Report
Storm Water Annual Report work includes certifications, monitoring and inspection results, and obtaining Storm Water Annual Report acceptance. The WPC Manager must prepare a Storm Water Annual Report. The report must:
1. Use an approved report format
2. Include project information including description and location
3. Include storm water monitoring information including:
3.1. Summary and evaluation of sampling and analysis results including laboratory reports
3.2. Analytical methods, reporting units, detections limits for analytical parameters
3.3. Summary of corrective actions
3.4. Identification of corrective actions or compliance activities that were not implemented
3.5. Summary of violations
3.6. Names of individuals performing storm water inspections and sampling
3.7. Logistical information for inspections and sampling including location, date, time, and precipitation
3.8. Visual observations and sample collection records
4. Include documentation on training for:
4.1. Individuals responsible for NPDES permit compliance
4.2. Individuals responsible for BMP installation, inspection, maintenance, and repair
4.3. Individuals responsible for preparing, revising, and amending the SWPPP NAL Exceedance Report
If the project is risk level 2 or risk level 3 and an effluent sample exceeds a NAL, notify the Engineer and submit a NAL Exceedance Report no later than 48 hours after the conclusion of the storm event. The report must:
1. Include the following field sampling results and inspections:
1.1. Analytical methods, reporting units, and detection limits ITEM 9
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1.2. Date, location, time of sampling, visual observation and measurements
1.3. Quantity of precipitation of the storm event
2. Description of BMPs and corrective actions taken to manage NAL exceedance
NEL Violation Report
If the project is risk level 3 and an NEL is exceeded, notify the Engineer and submit a NEL Violation Report within 6 hours. The report must:
1. Include the following field sampling results and inspections:
1.1. Analytical methods, reporting units, and detection limits
1.2. Date, location, time of sampling, visual observations and measurements
1.3. Quantity of precipitation of the storm event
2. Description of BMPs and corrective actions taken to manage NEL exceedance
If the project is risk level 2 or risk level 3, submit all sampling results to the Engineer no later than 48 hours after the conclusion of a storm event.
PAYMENT
The contract lump sum price paid for “Water Pollution Control” includes full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in street sweeping, including disposal of collected material, as shown on the plans, as specified in the Standard Specifications, these special provisions, and as directed by the Engineer.
The contract lump sum price paid includes full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in preparing, obtaining approval of, and amending the SWPPP and CSMP, inspecting water pollution control practices, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer.
The City does not adjust payment for an increase or decrease in the quantity of storm water sampling and analysis day.
You may request or the Engineer may order laboratory analysis of storm water samples. Laboratory analysis of storm water samples will be paid for as extra work under Section 4- 1.05D, "Extra Work," of the State Standard Specifications.
The City does not pay for the preparation, collection, laboratory analysis, and reporting of storm water samples for non-visible pollutants if WPC practices are not implemented before precipitation or if a failure of a WPC practice is not corrected before precipitation.
The City does not pay for implementation of WPC practices in areas outside the highway right- of- way not specifically provided for in the plans or in the special provisions.
The City does not pay for WPC practices installed at your construction support facilities.
WPC practices for which there are separate bid items of work are measured and paid for as those bid items of work.
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REMOVE & DISPOSE DRYWELL UNIT
Clearing and grubbing shall conform to the provision in Section 17-2, “Clearing and Grubbing,” of the Standard Specifications and these Construction Details. All improvements remaining either wholly or partially within the right of way that interfere with the work shall be demolished and removed as part of the work included under clearing and grubbing. Attention is directed to the provisions in Sections 17-2, “Clearing and Grubbing,” and 19-1.03D, “Buried man-made Objects”, of the Standard Specifications and these Construction Details.
Drywells and drywell cover structures shown on the plans to be removed shall be removed and disposed of. Removed concrete structures shall be disposed of outside of the highway right of way to a suitable site. The proper and legal disposal is the responsi bility of the Contactor. The Contractor shall provide proof of suitable and legal disposal to the City Engineer.
Measurement and Payment
Full compensation for furnishing all labor materials, tool, equipment and incidentals for doing all work involved with concrete structures, and drywells all in accordance with the plans, specifications and these Construction Details shall be considered as included in the cost of the contract item “Remove and Dispose Drywell Unit” and no additional compensation will be allowed therefore.
ADJUST BASIN INLET TO GRADE
Existing structure rim and grate elevations shall be adjusted to grade per the City of Ceres Standards.
Measurement and Payment
Full compensation for furnishing all labor materials, tool, equipment and incidentals for doing all work involved with adjusting rim / grate elevations to grade all in accordance with the plans, specifications and these Construction Details shall be considered as included in cost of the contract item “Adjust Basin Inlet to Grade” and no additional compensation will be allowed therefore.
EARTHWORK
Earthwork shall conform to the applicable requirements of Section 19, "Earthwork," of the Standard Specifications, except as herein provided.
The contractor shall excavate only as much trench in as he can effectively backfill in the same day.
All trenches in the roadway area shall be paved with temporary paving the same day the pavement cut is made. All trenches shall be backfilled so that traffic can cross at the close of each day’s work or protected to the satisfaction of the Engineer. There shall be no open trench left in the roadway area after normal working hours.
Arrangements for all required compaction tests will be made by the Engineer. Compaction tests will be performed as specified in Subsection 19-5 of the Standard Specifications under the direction of the Engineer. Compaction tests will be made in accordance with ASTM D698-12. The Owner shall pay for all laboratory inspection services direct for the first test. The actual cost of re-testing shall be deducted from future payments due the contractor. The contractor shall cooperate with the Engineer and shall fur nish required labor and excavating equipment, as determined by the Engineer, to aid in making compaction tests.
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Structure Excavation and Backfill
Earthwork shall conform to the provisions in Section 19, "Earthwork," of the Standard Specifications and these special provisions.
Structure excavation and backfill shall conform to provisions in Section 19, of the Standard Specifications and these special provisions.
The contractor shall furnish, install and maintain such shoring, bracing and sheeting as required to conform to Federal, State and Local requirements to support sides of the trench and prevent movement which would cause injury to and person or structure. Any damage resulting from lack of adequate shoring, bracing or sheeting shall be repaired at the contractor's expense.
The contractor shall comply with the requirements of Division 5, Part 1 of the State Labor Code and specifically with Section 6705 and 6707 therefore. The Contractor shall use shoring, bracing, sloping, or other approved provisions for worker protection for all areas to be excavated to a depth of five feet or more. A Shoring Plan shall be prepared by a registered Civil or Structural Engineer.
When any excavation is over 5 feet deep, all necessary shoring materials shall be at the excavation site prior to starting any excavation work.
After the pipeline and manhole has been installed and sufficiently backfilled to protect the pipe, all shoring, bracing and sheeting shall be removed. All voids left by the removal or such bracing shall be carefully filled with suitable material compacted in place.
Attention is directed to subsection 19-3 of the Standard Specifications. The contractor shall remove any seepage, storm water or surface water that may be found or may accumulate in the excavation during the progress of the work. He shall furnish all pum ps and other equipment necessary therefore and shall keep all excavation entirely free from water at all times during the construction of the work. Payment for dewatering excavation shall be considered as included in the contract price, for constructing the manholes and no separate payment will be made therefore.
Surplus excavated material shall become the property of the Contractor and shall be disposed of in conformance with the provisions in these specifications.
Where a portion of the existing surfacing is to be removed, the outline of the area to be removed shall be cut on a neat line with a power-driven saw to a minimum depth of 0.2 foot before removing the surfacing. Full compensation for cutting the existing surfacing shall be considered as included in the contract price paid related items of work and no additional compensation will be allowed therefore.
Earthwork shall conform to the applicable requirements of Section 19, "Earthwork," of the Standard Specifications, except as herein provided.
Arrangements for all required compaction tests will be made by the Engineer. Compaction tests will be performed as specified in Subsection 19-5 of the Standard Specifications under the direction of the Engineer. Compaction tests will be made in accordance with ASTM D698-12. The Owner shall pay for all laboratory inspection services direct for the first test. The actual cost of re-testing shall be deducted from future payments due the contractor. The contractor shall cooperate with the Engineer and shall fur nish required labor and excavating equipment, as determined by the Engineer, to aid in making compaction tests.
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Measurement and Payment
Full compensation for earthwork necessary for basin excavation and grading shall be considered as included in the cost of the contract item “Earthwork” and no additional compensation will be allowed therefore.
Full compensation for earthwork necessary for construction of pipelines, manholes, Concrete Structures and Miscellaneous Concrete Construction shall be considered as included in the cost of the contract items for which they are related and no additional co mpensation will be allowed therefore.
Full compensation for furnishing all labor, tools, equipment, materials and incidentals for performing work involved with Earthwork including Structural Excavation and Backfill will be considered as included in the contract price for related items of work and no additional compensation will be allowed therefore.
HYDROSEED (BASIN AND SWALE AREAS)
The work performed in connection with various existing facilities shall conform to the provisions in Section 21, “Erosion Control,” of the Standard Specifications and these special provisions.
Hydroseeding within the basin and swale areas shall extend to all areas disturbed by excavation / grading work.
Measurement and Payment
Full compensation for earthwork necessary for hydroseeding within the basin area shall be considered as included in the cost of the contract item “Hydroseed Basin Area” and no additional compensation will be allowed therefore.
Full compensation for earthwork necessary for hydroseeding within the swale areas shall be considered as included in the cost of the contract item “Hydroseed Basin Area” and no additional compensation will be allowed therefore.
EXISTING MANHOLE CONNECTION
Pipe connections to existing manholes at locations shown on the Plans shall be as specified herein.
Where holes are broken in existing barrels to accept pipe penetration, after insertion of the pipe, the annular space shall be tightly packed with a "dry" cement mortar. Water stops shall be used for connection to manholes with PVC or HDPE pipe (submittal required). Surfaces to be in contact with the mortar shall be thoroughly moistened and then scrubbed with Portland cement paste. Inside of barrel shall be neatly finished. Bottom shall be re -channelized as necessary to provide smooth transitions with good hydraulic properties.
Measurement and Payment
Full compensation for furnishing all labor, tools, equipment, materials and incidentals for performing work involved connecting to existing manholes, complete in place including, but not limited to, excavation, pipe, fittings, backfill, compaction and appurtenances shall be considered as included in the cost of the contract item “Existing Manhole Connection” and no additional compensation will be allowed therefore.
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F & I 12” ADS HP STORM PIPE
Materials
HP pipe shall be Advanced Drainage Systems (ADS) Dual-Wall HP Pipe or approved equal. HP pipe shall meet the requirements of ASTM F2881 or AASHTO M330. Pipe shall be joined using a bell & spigot joint meeting the requirements of ASTM F2881 or AASHTO M330. Joints shall be watertight in accordance to ASTM D3212. Gaskets shall meet the requirements of ASTM F477.
Fittings shall conform to ASTM F2881 or AASHTO M330. Bell and spigot connections shall utilize a welded or integral bell and valley or inline gaskets meeting the watertight joint performance requirements of ASTM D3212. Polypropylene compound for pipe and fitting production shall be impact modified copolymer meeting the material requirements of ASTM F2881, Section 5 and AASHTO M330, Section 6.1.
Clearing and Grubbing Asphalt Pavement
Clearing and grubbing shall conform to the provision in Section 17-2, “Clearing and Grubbing,” of the Standard Specifications and these Construction Details. All improvements remaining either wholly or partially within the right of way that interfere with the work shall be demolished and removed as part of the work included under clearing and grubbing. Attention is directed to the provisions in Sections 17-2, “Clearing and Grubbing,” and 19-1.03D, “Buried man-made Objects”, of the Standard Specifications and these Construction Details.
Asphalt pavement designated on the plans to be removed, shall be removed and disposed of.
Removed pavement shall be disposed of outside of the highway right of way to a suitable site. The proper and legal disposal is the responsibility of the Contactor. The Contractor shall provide proof of suitable and legal disposal to the City Engineer.
Testing Prior to Construction
Tests on HP pipe shall be required to determine conformance with “D” load and the reinforcing requirements of these specifications.
Pipe samples for testing shall be furnished, without charge, by the contractor one week in advance for construction. The cost of testing the pipe shall be borne by the contractor. One section of pipe from each lot to be used shall be tested in accordance with the procedures outlined in ASTM C76.
Lots tested shall be marked with the date manufactured and by lot number for shipment to the specific project for which that lot has been tested. Any pipe arriving on the job without the appropriate markings shall be rejected and sent back to the supplier until the lot(s) can be tested and accepted for use.
In lieu of the above testing or reinforced concrete pipe, the contractor may submit to the City Engineer the manufacturer’s “Certificate of Compliance” guaranteeing that the pipe meets the requirements of ASTM C76.
Laying Pipe
The pipe shall be laid in conformity with the prescribed lines and grades shown on the approved plans. Lines and grades shall be obtained by use of a laser. The contractor shall verify the depth and alignment of any existing storm drain line prior to const ruction. If the existing storm drain ITEM 9
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alignment and depth is not as shown on the approved plans then the contractor shall obtain the approval of the City Engineer before proceeding. All adjustments to line and grade shall be made by scraping away or filling in and tamping under the body of the pipe and not by blocking or wedging.
Pipe shall be positioned with the bell end upstream and shall be laid upstream from structure to structure.
Bedding
All pipe shall be bedded. The shaped bedding shall conform to the provisions of Section 19.3 of the State Standard Specifications and the pipe manufacturer’s specifications. In case of conflict the pipe manufacturer’s specifications and published recommendations shall govern.
Pipe Penetration
Construction of storm drain manholes and pipe penetrations into storm drain manholes shall conform to methods and materials as directed in Manholes of these specifications.
Testing After Construction
The contractor shall inspect all new lines with Closed Circuit Television (CCTV) and furnish a tape to the City Engineer. The contractor shall give the City Engineer at least 2 working days’ notice prior to televising the line(s), so that a City representative can observe the work. The contractor shall clean all lines and manholes of dirt and other debris, remove pipe crowns, compact trenches, raise manhole rims to grade and correct all visible infiltration, leaks and deficiencies prior to inspection.
Areas adjacent to manholes shall be leveled and made accessible to the television trailer. All inspection, equipment time and costs for the inspection is the responsibility of the contractor.
All defects and deficiencies discovered during these inspections shall be corrected by the contractor, at the contractor’s expense, to the satisfaction of the City Engineer.
Depth tolerances for trapped water shall not exceed 10% of the pipe diameter, or 1 inch, whichever is less.
Broken, cracked or damaged ends of pipe shall be rejected. Minor chipped ends of ¼ inch or less shall be permitted provided cracking and excessive damage is not evident.
If the City suspects that there are damages or breaks in the line then the televised inspection shall be repeated within the one-year warranty period. All defects discovered in any inspection shall be corrected by the contractor at his expense. The contrac tor is responsible for the cost of these inspections.
Trench Patch
This work shall consist of furnishing and placing asphalt concrete and aggregate base in conformance with these Construction Details.
Aggregate bases shall be ¾ -inch Class 2 and shall conform to the Provisions in Section 26, "Aggregate Bases,” of the Standard Specifications. The use of recycled aggregate base will be allowed per Section 26, “Aggregate Bases” of the Standard Specifications.
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Asphalt concrete shall be Type A and shall conform to the provisions in Section 39, “Asphalt Concrete,” of the Standard Specifications and these Construction Details. The asphalt shall be grade-PG 64-10 as specified in the Standard Specifications, unless o therwise approved by the Engineer. Aggregates used in all but the final course shall be ¾-inch maximum medium grading.
Aggregates used in the final course shall be ½ inch maximum medium grading as specified in Section 39-2.02, “Aggregate,” of the Standard Specifications.
Measurement and Payment
Full compensation for furnishing all labor materials, tool, equipment and incidentals for doing all work involved with removing pavement in accordance with the plans, specifications and these Construction Details shall be considered as included in the cost of the contract item “F & I 12” ADS HP Storm Drain” and no additional compensation will be allowed therefore.
Payment for storm drain pipe complete in place shall be per linear foot measured from center-of- manhole to center-of-manhole or catch basin. Measurement shall be along a line parallel to the grade of the storm drain.
Payment shall include the furnishing of all labor, excavation, bedding, backfill, materials, water, tools and equipment required to construct and complete, in an efficient and workmanlike manner, the installation of storm drain pipe, television inspection, and cleaning in accordance with the approved plans and these specifications. Full compensation for all incidentals arising from this work shall be included in the cost of the contract item “F & I 12” ADS HP Storm Drain ” and no further compensation shall be allowed.
Full compensation for furnishing all labor, tools, equipment, materials and incidentals for performing work involved with trench patching including the asphalt concrete, paint binder, and subgrade preparation will be considered as included in the cost of the contract item “F & I 12” ADS HP Storm Drain” and no additional compensation will be allowed therefore.
G-10 F & I 18” ADS HP STORM PIPE
Materials
HP pipe shall be Advanced Drainage Systems (ADS) Dual-Wall HP Pipe or approved equal. HP pipe shall meet the requirements of ASTM F2881 or AASHTO M330. Pipe shall be joined using a bell & spigot joint meeting the requirements of ASTM F2881 or AASHTO M330. Joints shall be watertight in accordance to ASTM D3212. Gaskets shall meet the requirements of ASTM F477.
Fittings shall conform to ASTM F2881 or AASHTO M330. Bell and spigot connections shall utilize a welded or integral bell and valley or inline gaskets meeting the watertight joint performance requirements of ASTM D3212. Polypropylene compound for pipe and fitting production shall be impact modified copolymer meeting the material requirements of ASTM F2881, Section 5 and AASHTO M330, Section 6.1.
Clearing and Grubbing Asphalt Pavement
Clearing and grubbing shall conform to the provision in Section 17-2, “Clearing and Grubbing,” of the Standard Specifications and these Construction Details. All improvements remaining either wholly or partially within the right of way that interfere with the work shall be demolished and removed as part of the work included under clearing and grubbing. Attention is directed to the ITEM 9
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provisions in Sections 17-2, “Clearing and Grubbing,” and 19-1.03D, “Buried man-made Objects”, of the Standard Specifications and these Construction Details.
Asphalt pavement designated on the plans to be removed, shall be removed and disposed of.
Removed pavement shall be disposed of outside of the highway right of way to a suitable site. The proper and legal disposal is the responsibility of the Contactor. The Contractor shall provide proof of suitable and legal disposal to the City Engineer.
Testing Prior to Construction
Tests on HP pipe shall be required to determine conformance with “D” load and the reinforcing requirements of these specifications.
Pipe samples for testing shall be furnished, without charge, by the contractor one week in advance for construction. The cost of testing the pipe shall be borne by the contractor. One section of pipe from each lot to be used shall be tested in accordance with the procedures outlined in ASTM C76.
Lots tested shall be marked with the date manufactured and by lot number for shipment to the specific project for which that lot has been tested. Any pipe arriving on the job without the appropriate markings shall be rejected and sent back to the supplier until the lot(s) can be tested and accepted for use.
In lieu of the above testing or reinforced concrete pipe, the contractor may submit to the City Engineer the manufacturer’s “Certificate of Compliance” guaranteeing that the pipe meets the requirements of ASTM C76.
Laying Pipe
The pipe shall be laid in conformity with the prescribed lines and grades shown on the approved plans. Lines and grades shall be obtained by use of a laser. The contractor shall verify the depth and alignment of any existing storm drain line prior to const ruction. If the existing storm drain alignment and depth is not as shown on the approved plans then the contractor shall obtain the approval of the City Engineer before proceeding. All adjustments to line and grade shall be made by scraping away or filling in and tamping under the body of the pipe and not by blocking or wedging.
Pipe shall be positioned with the bell end upstream and shall be laid upstream from structure to structure.
Bedding
All pipe shall be bedded. The shaped bedding shall conform to the provisions of Section 19.3 of the State Standard Specifications and the pipe manufacturer’s specifications. In case of conflict the pipe manufacturer’s specifications and published recommendations shall govern.
Pipe Penetration
Construction of storm drain manholes and pipe penetrations into storm drain manholes shall conform to methods and materials as directed in Manholes of these specifications.
Testing After Construction
The contractor shall inspect all new lines with Closed Circuit Television (CCTV) and furnish a tape to the City Engineer. The contractor shall give the City Engineer at least 2 working days’ notice prior ITEM 9
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to televising the line(s), so that a City representative can observe the work. The contractor shall clean all lines and manholes of dirt and other debris, remove pipe crowns, compact trenches, raise manhole rims to grade and correct all visible infiltration, leaks and deficiencies prior to inspection.
Areas adjacent to manholes shall be leveled and made accessible to the television trailer. All inspection, equipment time and costs for the inspection is the responsibility of the contractor.
All defects and deficiencies discovered during these inspections shall be corrected by the contractor, at the contractor’s expense, to the satisfaction of the City Engineer.
Depth tolerances for trapped water shall not exceed 10% of the pipe diameter, or 1 inch, whichever is less.
Broken, cracked or damaged ends of pipe shall be rejected. Minor chipped ends of ¼ inch or less shall be permitted provided cracking and excessive damage is not evident.
If the City suspects that there are damages or breaks in the line then the televised inspection shall be repeated within the one-year warranty period. All defects discovered in any inspection shall be corrected by the contractor at his expense. The contrac tor is responsible for the cost of these inspections.
Trench Patch
This work shall consist of furnishing and placing asphalt concrete and aggregate base in conformance with these Construction Details.
Aggregate bases shall be ¾ -inch Class 2 and shall conform to the Provisions in Section 26, "Aggregate Bases,” of the Standard Specifications. The use of recycled aggregate base will be allowed per Section 26, “Aggregate Bases” of the Standard Specifications.
Asphalt concrete shall be Type A and shall conform to the provisions in Section 39, “Asphalt Concrete,” of the Standard Specifications and these Construction Details. The asphalt shall be grade-PG 64-10 as specified in the Standard Specifications, unless o therwise approved by the Engineer. Aggregates used in all but the final course shall be ¾-inch maximum medium grading.
Aggregates used in the final course shall be ½ inch maximum medium grading as specified in Section 39-2.02, “Aggregate,” of the Standard Specifications.
Measurement and Payment
Full compensation for furnishing all labor materials, tool, equipment and incidentals for doing all work involved with removing pavement in accordance with the plans, specifications and these Construction Details shall be considered as included in the cost of the contract item “F & I 18” ADS HP Storm Drain” and no additional compensation will be allowed therefore.
Payment for storm drain pipe complete in place shall be per linear foot measured from center-of- manhole to center-of-manhole or catch basin. Measurement shall be along a line parallel to the grade of the storm drain.
Payment shall include the furnishing of all labor, excavation, bedding, backfill, materials, water, tools and equipment required to construct and complete, in an efficient and workmanlike manner, the installation of storm drain pipe, television inspection, and cleaning in accordance with the approved plans and these specifications. Full compensation for all incidentals arising from this work shall be ITEM 9
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included in the cost of the contract item “F & I 18” ADS HP Storm Drain” and no further compensation shall be allowed.
Full compensation for furnishing all labor, tools, equipment, materials and incidentals for performing work involved with trench patching including the asphalt concrete, paint binder, and subgrade preparation will be considered as included in the cost of the contract item “F & I 18” ADS HP Storm Drain” and no additional compensation will be allowed therefore.
F & I STORM DRAIN MANHOLE
Manhole frames and covers shall be South Bay Foundry 24-inch diameter, or an approved equal.
The cover and frame shall be cast ductile iron. Frames shall be circular, shall include a seating ring, and shall have a 24-inch diameter clear opening. The frame depth shall not exceed 4 inches. The frame flange shall incorporate grout holes. The frame weight shall be approximately 158 pounds.
The cover weight shall be approximately 136 pounds. Manhole covers shall be cast with the following identification: “City of Ceres” and “Storm”. All manhole frames and covers shall be circular and interchangeable with other like frames and covers. If the frames and covers are not concentric and interchangeable and do not conform to the standard City frame and cover then they shall be rejected, and shall be removed and replaced by the contractor at no cost to the City.
For storm manhole larger than 48 inches in diameter, precast reinforced concrete manholes shall be used. Manholes shall conform to the specifications of sanitary sewer manholes.
Measurement and Payment
The unit of measure for payment shall be per each unit. Payment shall be made at the bid price per item for each structure complete in place and shall include the cost of excavation, backfill, frames, covers, plates or reinforcing steel. Full compensation for all incidentals arising from this work shall be included in the cost of the contract item “F & I Standard Manhole” and no further compensation shall be allowed.
F & I CATCH BASIN
Materials
Storm drain catch basins shall be cast-in-place conforming to the Standard Details. Concrete shall be Portland Cement and have a 28-day compressive strength of 3,000 pounds per square inch with a 1 -inch maximum aggregate size. The storm drop inlet grate co ver & frame shall be all miscellaneous iron and steel hot dip galvanized after fabrication to conform to the requirements of section 75-2 of the State Standard Specifications. Damaged galvanizing shall be mitigated in conformance with Section 66-1.02E(4) of the State Standard Specifications.
Execution
All cast -in-place concrete work shall be in conformity with Concrete Structures of these specifications.
All storm drain catch basins and drain inlets shall be labeled with the City’s approved “Only Rain Down the Drain” placard with discharge hotline number, prior to acceptance by the City.
Measurement and Payment
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The unit of measure for payment shall be per each unit. Payment shall be made at the bid price per item for each structure complete in place and shall include the cost of excavation, backfill, frames, covers, plates or reinforcing steel. Full compensation for all incidentals arising from this work shall be included in the cost of the contract item “F & I Catch Basin” and no further compensation shall be allowed.
CURB AND GUTTER
Construction of curb and gutter shall conform with the provisions in Section 73, “Concrete Curbs and Sidewalks”, of the Standard Specifications, City of Ceres Standard Specifications and these construction details
Painting of concrete curbs shall conform with the provisions in 78-4.03, “Painting Concrete”, of the Standard Specifications.
Measurement and Payment
The unit of measure for payment shall be per linear foot along the flow line. Payment shall be made at the bid price per linear foot and shall include the cost of excavation, backfill, and grading behind curb. Full compensation for all incidentals arising from this work shall be included in the cost of the contract item “F & I Curb and Gutter” and no further compensation shall be allowed.
PORTABLE CHANGEABLE MESSAGE SIGNS
The contractor shall furnish and maintain changeable message signs.
Summary
Work includes furnishing, placing, operating, maintaining, and removing portable changeable message signs.
Comply with Section 12-3.32 "Portable Changeable Message Signs," of the Standard Specifications.
Definitions
Useable shoulder area: Paved or unpaved contiguous surface adjacent to the traveled way with:
1. Sufficient weight bearing capacity to support portable changeable message sign
2. Slope not greater than 6:1 (horizontal:vertical)
Submittals
Upon request, submit a Certificate of Compliance for each portable changeable message sign under Section 6-2.03C, "Certificates of Compliance," of the Standard Specifications.
Quality Control and Assurance
Comply with the manufacturer's operating instructions for portable changeable message sign. Approaching drivers must be able to read the entire message for all phases at least ITEM 9
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twice at the posted speed limit before passing portable changeable message sign. You may use more than 1 portable changeable message sign to meet this requirement.
Only display the message shown on the plans or ordered by the Engineer or specified in these special provisions.
MATERIALS
Portable changeable message sign must have 24-hour timer control or remote control capability.
The text of the message displayed on portable changeable message sign must not scroll, or travel horizontally or vertically across the face of the message panel.
CONSTRUCTION
Continuously repeat the entire message in no more than 2 phases of at least 3 seconds per phase. If useable shoulder area is at least 15 feet wide, the displayed message on portable changeable message sign must be minimum 18-inch character height. If useable shoulder area is less than 15 feet wide, you may use a smaller message panel with minimum 12-inch character height to prevent encroachment in the traveled way.
Start displaying the message on portable changeable message sign 15 minutes before closing the lane. Place portable changeable message sign in advance of the first warning sign for:
1. Each stationary lane closure
Place portable changeable message sign as far from the traveled way as practicable where it is legible to traffic and does not encroach on the traveled way. Place portable changeable sign before or at the crest of vertical roadway curvature where it is visible to approaching traffic. Avoid placing portable changeable message sign within or immediately after horizontal roadway curvature. Where possible, place portable changeable message sign behind guardrail or temporary railing (Type K).
Except where placed behind guardrail or temporary railing (Type K) use traffic control for shoulder closure to delineate portable changeable message sign.
Remove portable changeable message sign when not in use.
MEASUREMENT AND PAYMENT
Full compensation for "Portable Changeable Message Signs,” shall be at the contract unit price as set forth in the proposal and shall include all labor, materials, tools, equipment, and all work necessary for the completion of this item.
Portable changeable message signs ordered by the Engineer in excess of the number shown on the plans or specified in these special provisions will be paid for as extra work under Section 4-1.05, "Changes and Extra Work," of the Standard Specifications.
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EXHIBIT “E”
PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
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. See http://www.dir.ca.gov/Public- Works/PublicWorks.html for additional information.
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.
Contractor hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.1
Name of Contractor:
DIR Registration Number:
DIR Registration Expiration:
Small Project Exemption: _____ Yes or _____ No
Unless Contractor is exempt pursuant to the small project exemption, Contractor further acknowledges:
• Contractor shall maintain a current DIR registration for the duration of the project. • Contractor shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project. • Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.
Name of Contractor
Signature
Name and Title
Dated
1 If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark “Yes” in response to “Small Project Exemption.”
ITEM 9
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EXHIBIT “F”
PAYMENT AND PERFORMANCE BONDS
ITEM 9
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PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of Ceres (hereinafter referred to as “City”) has awarded to Mid Cal Pipeline & Utilities, Inc., (hereinafter referred to as the “Contractor”) an agreement for MORGAN ROAD STORM DRAIN IMPROVEMENTS (hereinafter referred to as the “Project”).
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated , (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, Mid Cal Pipeline & Utilties, Inc., the undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum o f Nine Hundred Thirty -Four Thousand Four Hundred Two DOLLARS, ($934,402.00), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill al l obligations including the one -year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officers and agents, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithful ly fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15.
Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
ITEM 9
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(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract a nd any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder 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 Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__).
(Corporate Seal)
Contractor/ Principal
By
Title
ITEM 9
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(Corporate Seal)
Surety
By
Attorney-in-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________ ___________________________________________
___________________________________________
(Name and Address of Agent or ___________________________________________ Representative for service of
process in California, if different ___________________________________________ from above)
___________________________________________
(Telephone number of Surety and ___________________________________________ Agent or Representative for service
of process in California)
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
ITEM 9
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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s ) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s)
Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.
ITEM 9
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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s ) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s)
Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached.
END OF PERFORMANCE BOND
ITEM 9
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ITEM 9
75 PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Ceres (hereinafter designated as the “City”), by action taken or a resolution passed has awarded to Mid Cal Pipeline & Utilities, Inc. hereinafter designated as the “Principal,” a contract for the work described as follows:
MORGAN ROAD STORM DRAIN IMPROVEMENTS (the “Project”); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies 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, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of Nine Hundred Thirty-Four Thousand Four Hundred Two Dollars ($934,402.00) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified.
This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or ITEM 9
76 agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal) Surety
By
Attorney-in-Fact
Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so much be attached hereto.
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
ITEM 9
77 Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.
ITEM 9
78 Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s ) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s)
Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached.
END OF PAYMENT BOND
ITEM 9
79 [THIS PAGE INTENTIONALLY LEFT BLANK]
ITEM 9
80 APPENDIX
ITEM 9
81 CITY OF CERES STANDARD DESIGNS
THE FOLLOWING STANDARDS ARE FOR REFERENCE ONLY
REFER TO THE CITY OF CERES WEBSITE FOR THE COMPLETE LISTING OF STANDARD
DETAILS
https://www.ci.ceres.ca.us/DocumentCenter/View/2214/Approved-2018-Standard-Specifications- and-Design
ITEM 9
82 STATE GENERAL PREVAILING WAGE RATES
General prevailing wage determination
Made by the Director of Industrial Relations
Pursuant to California Labor Code part 7,
Chapter 1, article 2, sections 1770, 1773, and 1773.1
__________________________________________________
State of California Department of Industrial Relations Website:
http://www.dir.ca.gov/OPRL/PWD/index.htm
ITEM 9
83 REGULATION VIII – FUGITIVE PM10 PROHIBITIONS
ITEM 9
84 ITEM 9
85 ITEM 9
86 ITEM 9
COUNCIL AGENDA REPORT
CITY COUNCIL
Javier Lopez, Mayor
James
Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: November 12, 2024
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Michael R. Beltran II, PE, Director of Engineering [email protected], (209) 538-5775
SUBJECT: Resolution No. 202 4-XXX, Accepting Hatch Road Transmission Main Phase 1 Project as Complete, Authorizing the Filing of the Notice o f Completion, and Releasing the Retention to the Contractor
RECOMMENDED COUNCIL ACTION:
Staff recommends the City Council adopt a Resolution accepting Hatch Road Transmission Main Phase 1 Project as complete, authorizing the filing of the notice of completion, and authorizing releasing the retention to the contractor.
I. BACKGROUND:
The Project was awarded to ARB Inc., at the June 10, 2024, City Council meeting. The scope of the improvements included an 18-inch water transmission main from Mitchell Road to Moffett Road.
II. REASONS FOR RECOMMENDATION:
All work has been substantially completed since October 21, 202 4, and has been completed in accordance with the contract, plans, specifications and to the satisfaction of the City.
III. FISCAL IMPACTS:
The construction authorization included a base bid amount of $2,217,000.00 and a 10% contingency of $221,700. Final construction costs came in at $2,240,952.82 which used up 10.8% of the project contingency.
Funds are available in account number 52795.800500 (Sewer Enterprise F unds). This does not impact the General Fund or any other City Fund.
ITEM 10
IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:
N/A
V. POLICY ALTERNATIVES:
N/A
VI. INTERDEPARTMENTAL COORDINATION:
Upon acceptance of this work, the Public Works Water Department will provide ongoing maintenance.
VIII. PUBLIC PARTICIPATION:
N/A
VIII. ENVIRONMENTAL REVIEW:
The subject project is an infill project to an existing roadway therefore, a California Environmental Quality Act (CEQA) Categorical Exemption, per Section 15301 Existing Facilities.
IX. STEPS FOLLOWING APPROVAL:
Following the acceptance of the improvements, the Notice of Completion will be filed, and the 5% retention will be released after 35 days if no claims are filed.
Approved by: ___________________
Douglas D. Dunford,
City Manager
Attachments:
1. Attachment A - Resolution
2. Attachment B – Notice of Completion
ITEM 10
ATTACHMENT A
RESOLUTION NO. 2024-XXX
ACCEPTING HATCH ROAD TRANSMISSION MAIN PHASE 1 PROJECT AS
COMPLETE, AUTHORIZING THE FILING OF THE NOTICE OF COMPLETION, AND
RELEASING THE RETENTION TO THE CONTRACTOR
THE CITY COUNCIL
City of Ceres
WHEREAS, the contract for the Hatch Road Transmission Main Phase 1 Project was awarded to ARB, Inc.; and
WHEREAS, the contractor has completed all work required pursuant to their contract with the City of Ceres for the Hatch Road Transmission Main Phase 1 Project ; and
WHEREAS, the Director of Engineering has recommended that this project be accepted as complete, and that ARB, Inc., be paid all sums due under the contract; and
WHEREAS, the final contract amount is $2,240,952.82 with ARB and the funds to cover the final payment and retention funds are available in account number 52795.800500; and
WHEREAS, the contractor is to be paid all sums due under the contract less five percent (5%) retention, which said five percent (5%) retention shall be paid no earlier than 35 days after filing of the Notice of Completion.
WHEREAS, the sums due under the contract are per the contract documents.
NOW THEREFORE BE IT HEREBY RESOLVED that the City Council of the City of Ceres does hereby accept the Hatch Road Transmission Main Phase 1 Project as complete, authorizes the filing of the Notice of Completion, and releases the retention to the contractor.
PASSED AND ADOPTED by the Ceres City Council at a special meeting thereof held on the 12
th day of November 2024, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
_______________________________
Javier Lopez, Mayor
ATTEST:
__________________________________
Fallon Martin, City Clerk
ITEM 10
ITEM 10
ATTACHMENT B
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN:
1. On June 10, 2024 , the City of Ceres , a Municipal Corporation in the County of Stanislaus, State of California, accepted the bid from ARB, Inc . for the construction of the Hatch Road Transmission Main Phase 1 Project.
2. On October 24, 2024, the said contract as a whole was completed by ARB Inc. and accepted by the City Council of the City of Ceres at a special meeting of the City Council held on the 12
th day of November 2024.
By: _______________________________
Fallon Martin, City Clerk
City of Ceres
VERIFICATION
I, the undersigned, affirm:
I am the person who signed the foregoing notice. I have read and understand the above notice and know its contents, and the facts stated therein are true and correct to the best of my knowledge.
I declare under penalty of perjury that the foregoing is true and correct.
Executed in the City of Ceres, County of Stanislaus, State of California on this 12 th day
of November 2024.
By: ________________________________________,
Fallon Martin, City Clerk
ITEM 10
ITEM 10
COUNCIL AGENDA REPORT
CITY COUNCIL
Javier Lopez, Mayor
James
Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: November 12, 2024
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Chris Perry, Chief of Police
[email protected], (209) 538-5726
SUBJECT:
Resolution No. 2024-XXX, Approving a Three-Year Agreement with Time Card Plus / ScheduleAnywhere for Scheduling and Monitoring of Police Department Shifts and Authorizing the City Manager to Execute the Agreement
RECOMMENDED COUNCIL ACTION:
St
aff recommends the City Council authorize the City Manager to enter into a three- year agreement with Time Card Plus/ScheduleAnywhere for Scheduling and Monitoring of Police Department Shifts.
I. BACKGROUND:
The C
eres Police Department has been using ScheduleAnywhere as their software for scheduling and monitoring the work shifts within the police department for over fifteen years.
Sc
heduleAnywhere uses an interactive platform that is similar to an excel spreadsheet, but with greater flexibility and functionality.
II. REASONS FOR RECOMMENDATION:
Sc
heduleAnywhere has proven to be a user-friendly resource that can be accessed by all department personnel for the purpose of reviewing their schedule, changing their schedule and scheduling training and leave time.
Per
sonnel are able to add notes to indicate shift coverage along with easy ability to visualize the schedule as a whole. This allows information to be communicated in a timely and accurate manner, enabling the department to forecast scheduling needs two to three months in advance.
ITEM 11
III. FISCAL IMPACTS:
The 2024- 25 Police Department budget includes $4,000.00 for the renewal of ScheduleAnywhere which will pay for the current years’ term. Staff will continue to budget $4,000.00 for the next two years to cover the remaining years in this agreement.
IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:
Approval of this Agreement aligns with the City’s Strategic Plan to “provide quality services to meet community needs, assuring that the City has helpful, well trained, properly equipped and sufficient staff who partners with other public agencies to provi de efficient services.”
V. POLICY ALTERNATIVES:
Council could choose to not approve this three-year contract. Staff would have to find an alternative method of scheduling and maintaining all the department personnel.
VI. INTERDEPARTMENTAL COORDINATION:
N/A
VII. PUBLIC PARTICIPATION:
N/A
VIII. ENVIRONMENTAL REVIEW:
N/A
IX. STEPS FOLLOWING APPROVAL:
Upon City Council approval the City Manager will enter into a three-year agreement with Time Card Plus/ScheduleAnywhere.
Appr
oved by: ____________________
Douglas D. Dunford,
City Manager
Atta
chments:
1. Attachment A – Resolution
2. Attachment B – Agreement
ITEM 11
ATTACHMENT A
RES
OLUTION NO. 2024-XXX
APPROVING A THREE-YEAR AGREEMENT TIME CARD PLUS /
SCHEDULEANYWHERE FOR SCHEDULING AND MONITORING OF POLICE
DEPARTMENT SHIFTS AND AUTHORIZING THE CITY MANAGER TO EXECUTE
THE AGREEMENT
THE
CITY COUNCIL
City of Ceres, California
WHE
REAS, the Police Department has been using ScheduleAnywhere as their software program for over fifteen years; and
WHE
REAS, ScheduleAnywhere has proven to be a user -friendly resource that can be used by all department personnel; and
WHE
REAS, the cost for ScheduleAnywhere has been included in the current fiscal year budget.
NOW,
THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve a t hree-year agreement with Time C ard Plus/ScheduleAnywhere for scheduling and monitoring of police department shifts and authorizes the City Manager to execute the agreement.
PAS
SED AND ADOPTED by the Ceres City Council at a special meeting thereof held on the 12th day of November 2024, by the following vote:
AYES: C
ouncilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
______
__________________________
Javier Lopez, Mayor
ATTEST:
______
__________________________
Fallon Martin, City Clerk
ITEM 11
ITEM 11
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