AGENDA
CITY OF EL CENTRO
CITY COUNCIL/CITY COUNCIL AS
SUCCESSOR AGENCY TO THE
REDEVELOPMENT
AGENCY/SUCCESSOR HOUSING
AGENCY
TUESDAY, JANUARY 18, 2022
City Hall Joint Regular Meeting 11:30 AM
CITY HALL
COUNCIL CHAMBERS
1275 MAIN STREET
EL CENTRO, CA 92243
City of El Centro Page 1
THIS MEETING WILL BE CONDUCTED VIRTUALLY ONLY PURSUANT TO THE PROVISIONS OF THE BROWN ACT (Govt. Code Section 54953(e)).
COUNCIL MEMBERS, STAFF AND THE PUBLIC WILL ATTEND BY TELECONFERENCE.
Any member of the public is invited to submit public comments AND may, but is not required, to do so in advance of the meeting to be answered at the meeting. Please email your questions to [email protected] or call 760-337-4515 by January 18, 2022.
Any member of the public wishing to address the City Council during the meeting may do so by using the conference number provided on the agenda. At the time the Mayor asks for comments, please raise your hand and your name will be called.
To participate and make a public comment:
Join Zoom Meeting:
https://us02web.zoom.us/j/85006136097?pwd=U21rK2Jnam45dG4xaERYSnZUSE9WQT09 Optional dial-in number: 1 (669) 900-6833
Meeting ID: 850 0613 6097 Passcode: 907031
PUBLIC COMMENTS AT THIS VIRTUAL MEETING ARE SUBJECT TO THE SAME TIME LIMITS ONCE THE PERSON COMMENTING BEGINS TO SPEAK.
Mayor & Council Members may be reached at (760) 336-8989 Mayor: Tomás Oliva City Manager: Marcela Piedra
Mayor Pro-Tem: Martha Cardenas-Singh City Attorney: Elizabeth Martyn Evans Council Members: Edgard Garcia City Clerk: Norma Wyles
Sylvia Marroquin
Cheryl Viegas-Walker
11:30 A.M CLOSED SESSION - CONFERENCE ROOM "A"
ROLL CALL (Open Session)
Agenda City Council of the City of El Centro January 18, 2022 City of El Centro Page 2
CLOSED SESSION PUBLIC COMMENT:
Any member of the public wishing to address the City Council on any matter appearing on the closed session may do so at this time. Unless the Mayor extends the time limit, remarks shall be limited to three (3) minutes. Additional opportunities for Public Comments will be given during and at the end of the meeting.
CITY COUNCIL ADJOURNS INTO CLOSED SESSION
CITY COUNCIL CLOSED SESSION
LABOR NEGOTIATIONS
The City Council will recess to closed session pursuant to Government Code §54957.6 to meet with Agency Representatives Marcela Piedra, City Manager, Dulce Bedolla, Human Resources Director and Patrick Clark, consulting negotiator, for the purpose of considering employee compensation in the form of fringe benefits, or, as applicable, other matters dealing with mandatory subjects within the scope of representation pursuant to Government Code §3504; negotiating with all bargaining units within the City.
POSSIBLE LITIGATION AGAINST THE CITY
A point has been reached where, in the opinion of the City Council upon the advice of its legal counsel, and based upon existing facts and circumstances, there is a significant possibility of initiation of litigation against the City under Govt. Code Section 54956.9(d)(2) based upon the Granite Construction Company claim arising from the La Brucherie project.
PUBLIC SAFETY
Upon the advice of legal counsel, the City Council will recess to closed session pursuant to Govt. Code Section 54957(a) regarding matters that pose a threat to essential public services and the public's right of access to such services.
NOTICE TO THE PUBLIC
This is a public meeting. If there is an item on the agenda on which you wish to be heard, you are asked to complete a blue speaker slip and submit it to the City Clerk prior to the start of the meeting. Persons wishing to address the Council, Successor Agency to the RDA and Successor Agency Housing Agency are not required to identify themselves (Gov’t Code § 54953.3); however, this information assists the Mayor by ensuring that all persons wishing to address the Council are recognized and also assists the City Clerk in preparing the City Council meeting minutes.
When the item is announced and your name is called by the Mayor, please step to the podium and state your name for the record. Unless the Mayor extends the time, there is a three (3) minute time limit for each public presentation. If you wish to address the Council, Successor Agency to the RDA and Successor Housing Agency concerning any Agenda City Council of the City of El Centro January 18, 2022 City of El Centro Page 3
other matter not appearing on the agenda, you may do so during the public comment portion of the agenda.
* Any information provided on the “Speaker Slip” is voluntary and will be public record.
RECONVENE FOR OPEN SESSION 6:00 P.M.
6:00 P.M. OPEN SESSION
ALL TIMES ARE APPROXIMATE AND MAY VARY
CALL TO ORDER:
ROLL CALL BY CITY CLERK
PLEDGE OF ALLEGIANCE
INVOCATION
6:05-6:10 CITY ATTORNEY REPORT ON CLOSED SESSION
6:10-6:15 PRESENTATIONS AND ANNOUNCEMENTS BY MAYOR
1. Recognition - Law Enforcement Appreciation Day
6:15-6:20 PUBLIC COMMENTS
6:20-6:25 CONSENT AGENDA
Consent agenda items are approved by one motion. Council members or members of the public may pull consent items to be considered separately at a time determined by the Mayor.
2. Approve Warrant Registers for the Month of December 2021.
3. Approve Payroll Registers for the month of December 2021.
4. Approve Treasurer's Report for the Month of December 2021.
5. Approve City Council minutes of December 7, 2021 and December 9, 2021.
6. 2nd Reading and Adoption of Ordinance No. 21-06, ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF EL CENTRO AMENDING THE ZONING MAP OF THE CITY OF EL CENTRO PERTAINING TO CHANGE OF ZONE 19-02, waive reading and adopt by title only.
7. Approve plans and specifications related to the Clarifier's Rehabilitation Project.
Agenda City Council of the City of El Centro January 18, 2022 City of El Centro Page 4
6:25-6:45 PUBLIC HEARING
8. Public Hearing to discuss an amendment to the 2021-2022 Annual Action Plan for the Community Development Block Grant (CDBG) program
PRESENTATION: Adriana Nava, Community Services Director RECOMMENDATION:
Approval of an Amendment to the 2021-2022 Annual Action Plan subject to the 30-day public review period, and authorize the City Manager to submit a letter to HUD to request authorization for the amendments.
9. Discussion and necessary action regarding a Substantial Amendment to 2019- 2020 Annual Action Plan for the allocation of Community Development Block Grant - COVID-19 (CDBG-CV) funds
PRESENTATION: Adriana Nava, Community Services Director RECOMMENDATION:
Approve the Substantial Amendment to the CDBG 2019-2020 Annual Action Plan, which includes the allocation of CDBG-CV funding.
6:45-7:25 NEW BUSINESS
10. Declaration Renewing the Emergency Resolution
PRESENTATION: Marcela Piedra, City Manager
RECOMMENDATION:
Adopt Resolution 22- , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO REVIEWING AND CONFIRMING RESOLUTION NO. 20-14
REGARDING A DECLARATION OF LOCAL EMERGENCY VIRUS ON BEHALF OF THE CITY OF EL CENTRO RELATED TO COVID 19 AND RESCINDING RESOLUTION NO. 20-37
11. Request for Measure P Funds for Bucklin Park Challenge Course PRESENTATION: Adriana Nava, Community Services Director RECOMMENDATION:
Discussion and related action regarding the use of $81,715 in Measure P funds for the purpose of constructing the Bucklin Park Challenge Course Agenda City Council of the City of El Centro January 18, 2022 City of El Centro Page 5
12. Discussion and Necessary Action Regarding Award of Bid and Authorizing the Execution of a Contract for the Bucklin Park Challenge Course Project PRESENTATION: Adriana Nava, Community Services Director RECOMMENDATION:
Adopt Resolution No. 22- , RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EL CENTRO AWARDING THE BID AND AUTHORIZING THE EXECUTION OF A
CONTRACT FOR THE BUCKLIN PARK CHALLENGE COURSE PROJECT
13. Purchase of 2021 Massey Ferguson Tractor
PRESENTATION: Adriana Nava, Community Services Director RECOMMENDATION:
Adopt Resolution No. 22- , RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EL CENTRO AUTHORIZING THE EL CENTRO COMMUNITY SERVICES DEPARTMENT TO PURCHASE ONE NEW 2021 MASSEY FERGUSON TRACTOR
14. Amendment to Agreement with CityPlace Planning for Preparing Zoning Code Update
PRESENTATION: Angel Hernandez, Interim Community Development Director RECOMMENDATION:
Adopt Resolution No. 22- , RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EL CENTRO APPROVING THE FIRST AMENDMENT TO THE AGREEMENT
BETWEEN THE CITY AND CITYPLACE PLANNING FOR PROFESSIONAL
SERVICES FOR THE CITY OF EL CENTRO GENERAL PLAN LAND USE ELEMENT,
MOBILITY ELEMENT, AND ENVIRONMENTAL JUSTICE ELEMENT UPDATES AND
TO PREPARE A CONCEPTUAL THOROUGHFARE PLAN
7:25-7:30 DEPARTMENT REPORT
15. WTP Emergency Repairs Update
LEGISLATIVE ACTION
Agenda City Council of the City of El Centro January 18, 2022 City of El Centro Page 6
7:30-7:40 SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
16. Discussion and related action regarding Exclusive Negotiating Agreement Extension to Provide an Additional 180 Day Period to Complete Final Project Documents with Chelsea Investment Corporation
PRESENTATION: Adriana Nava, Community Services Director RECOMMENDATION:
Adopt Resolution No. SA 22- , RESOLUTION OF THE SUCCESSOR AGENCY TO
THE REDEVELOPMENT AGENCY OF THE CITY OF EL CENTRO APPROVING AMENDMENT NO. 2 TO THE EXCLUSIVE NEGOTIATING AGREEMENT WITH
CHELSEA INVESTMENT CORPORATION FOR THE SALE OF CERTAIN REAL
PROPERTY OWNED BY THE SUCCESSOR AGENCY TO PROVIDE AN ADDITION 180 DAY PERIOD TO COMPLETE FINAL PROJECT DOCUMENTS.
7:40-8:15 TASK FORCE REPORTS AND MAYOR - COUNCIL MEMBER
REPORTS
8:15-8:25 CITY MANAGER REPORT
ADJOURNMENT
Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet will be available for public inspection at the Office of the City Clerk, 1275 Main Street, El Centro, California 92243, Monday-Friday during normal business hours.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, you should contact the office of the City Clerk at (760)337-4515. Notification at least 48 hours prior to the meeting will enable the City to make reasonable arrangement to assure accessibility to this meeting.
City Council of the City of El Centro Meeting: 01/18/22 11:30 AM 1275 Main Street Department: City Council
El Centro, CA 92243 Category: Recognition
Prepared By: Elizabeth Zarate
SCHEDULED Department Head: Tomás Oliva
PRESENTATION (ID # 5380) DOC ID: 5380
Recognition - Law Enforcement Appreciation Day
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City Council of the City of El Centro Meeting: 01/18/22 11:30 AM 1275 Main Street Department: Finance
El Centro, CA 92243 Category: Warrants
Prepared By: Esmeralda Nunez
SCHEDULED Department Head: Richard Romero
ACTION ITEM (ID # 5362) DOC ID: 5362
Warrant Registers for December 2021
CITY MANAGER’S RECOMMENDATION:
Approve Warrant Registers for the Month of December 2021 FISCAL IMPACT:
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:
BACKGROUND:
DISCUSSION:
CONCLUSION:
ATTACHMENTS:
• December 2021 (PDF)
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Attachment: December 2021 (5362 : Warrant Registers - December 2021) City Council of the City of El Centro Meeting: 01/18/22 11:30 AM 1275 Main Street Department: Finance
El Centro, CA 92243 Category: Informational
Prepared By: Elsa Montoya
SCHEDULED Department Head: Richard Romero
ACTION ITEM (ID # 5370) DOC ID: 5370
Discussion and any necessary action regarding approval of Payroll Registers for the month of December 2021
CITY MANAGER’S RECOMMENDATION:
Approve Payroll Registers for the month of December 2021 ATTACHMENTS:
• PAYROLL REGISTERS DECEMBER 2021 (PDF)
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Attachment: PAYROLL REGISTERS DECEMBER 2021 (5370 : Payroll Registers for the month of City Council of the City of El Centro Meeting: 01/18/22 11:30 AM 1275 Main Street Department: Finance
El Centro, CA 92243 Category: Report
Prepared By: Karla Chaparro
SCHEDULED Department Head: Richard Romero
ACTION ITEM (ID # 5385) DOC ID: 5385
Treasurer's Report - December 2021
CITY MANAGER’S RECOMMENDATION:
Approve Treasurer's Report for the Month of December 2021 FISCAL IMPACT:
STRATEGIC PLANNING PROGRAM 2013-2018 RELATION:
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:
BACKGROUND:
DISCUSSION:
CONCLUSION:
ATTACHMENTS:
• December 2021 (PDF)
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Attachment: December 2021 (5385 : Treasurer's Report - December 2021) City Council of the City of El Centro Meeting: 01/18/22 11:30 AM 1275 Main Street Department: City Clerk's Office
El Centro, CA 92243 Category: Minutes
Prepared By: Norma Wyles
SCHEDULED Department Head: Norma Wyles
ACTION ITEM (ID # 5386) DOC ID: 5386
Approval of City Council Minutes of December 7, 2021 and December 9, 2021.
CITY MANAGER’S RECOMMENDATION:
Approve City Council minutes of December 7, 2021 and December 9, 2021.
ATTACHMENTS:
• 12-07-2021 Regular CC Minutes (PDF)
• 12-09-2021 Special Meeting CC Minutes (PDF)
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Book 36
REGULAR MEETING
EL CENTRO CITY COUNCIL
CITY HALL, COUNCIL CHAMBERS
1275 MAIN STREET, EL CENTRO, CA
TUESDAY, DECEMBER 7, 2021 11:30 A.M.
The El Centro City Council met in regular session on Tuesday, December 7, 2021 at 11:30 a.m. in RDA Conference Room, 1249 Main Street, El Centro, California for the purpose of closed session.
PRESENT: Council: Cardenas-Singh, Oliva, Viegas-Walker, Marroquin City Clerk Wyles, City Manager Piedra, City Attorney Martyn Evans ABSENT: Garcia (Arrived at 11:35 a.m.)
Closed Session Public Comment
None
CITY COUNCIL CLOSED SESSION
Moved by Oliva, second by Cardenas-Singh, to adjourn into closed session for:
LABOR NEGOTIATIONS
The City Council will recess to closed session pursuant to Government Code §54957.6 to meet with Agency Representatives Marcela Piedra, City Manager, Dulce Bedolla, Interim Human Resources Director and Patrick Clark, consulting negotiator, for the purpose of considering employee compensation in the form of fringe benefits, or, as applicable, other matters dealing with mandatory subjects within the scope of representation pursuant to Government Code §3504; negotiating with all bargaining units within the City.
POSSIBLE LITIGATION INITIATED THE CITY
A point has been reached where, in the opinion of the City Council upon the advice of its legal counsel, based upon existing facts and circumstances, there is a significant possibility of litigation initiated by the City under Govt. Code Section 54958.9(d)(4) - one case regarding code enforcement.
NEGOTIATIONS REGARDING ACQUISITION /DISPOSITION OF REAL PROPERTY The City Council will recess to closed session pursuant to Government Code §54956.8 to give instructions to the City’s negotiators, Marcela Piedra, City Manager, and Adriana Nava, Community Services Director, regarding the following negotiations regarding real property with Daniel Sohn, Executive Director, Imperial Valley Regional Chamber which instructions will concern price, terms of payment or both, including due diligence provisions and other monetary related considerations concerning lease and assignment of the lease for the property located at 1095 S. Fourth St. (Portions of Assessor’s Parcel Numbers 53-471-03-01 and 53- 471-04-01) in El Centro.
Motion unanimously carried. Council Member Garcia absent (arrived at 11:35 a.m.) Closed Session concluded at 1:25 p.m.
City Council recessed to 6:00 p.m.
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OPEN SESSION
The El Centro City Council met in regular session on Tuesday, December 7, 2021 at 6:00 p.m. in Council Chambers, El Centro City Hall, 1275 Main Street, El Centro, California.
PRESENT: Council: Cardenas-Singh, Oliva, Viegas-Walker, Marroquin, Garcia City Clerk Wyles, City Manager Piedra, City Attorney Martyn Evans ABSENT: None
Pledge of Allegiance to the flag of the United States of America was led by Council Member Garcia, and Invocation was given by Mayor Viegas-Walker.
CITY ATTORNEY REPORT ON CLOSED SESSION
City Attorney Martyn reported that in closed session Council again discussed labor negotiations and discussed the modifications that are contained in resolution 21- , from item #10 to add certain employees, employees between March 4, 2020 and July 31, 2021 to those who will be receiving $3,000 dollar one time payment.
SCHEDULED PRESENTATIONS
1. Charter Communications Presentation – Chromebooks for the Library Checkout Program were presented to our City of El Centro Library by Michael Hadland, Director, Government Affairs and Tiffany Bromfield, Director of Community Strategy, from Charter Communications.
2. Presentation of 5150 Services by Lety Plancarte, Director, Imperial County Behavioral Health Services, Maria Ruiz, Deputy Director, Imperial County Behavioral Health Services and Dr. Adolphe Edward, CEO, El Centro Regional Medical Center.
CONSENT AGENDA
Moved by Garcia, second by Oliva, approving consent agenda items #3 – #4.
3. Approval of City Council minutes of November 2, 2021.
4. Rejection of bid from T C Construction Inc for the Southern Pump Station Project.
AYES: Cardenas-Singh, Oliva, Viegas-Walker, Marroquin, Garcia NOES: None
ABSENT: None
ASTAINED: None
NEW BUSINESS
5. Presentation by Abraham Campos, P.E., Public Works Director/City Engineer, necessary action regarding funding allocation for road improvements at the Main Street and Dogwood Avenue Intersection.
Moved by Garcia, second by Oliva, direction was given to set aside $300,000 in LTA funds in the current budget as recommended in this agenda report.
AYES: Cardenas-Singh, Oliva, Viegas-Walker, Marroquin, Garcia NOES: None
ABSENT: None
ABSTAINED:None
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6. Presentation by Abraham Campos, discussion and any necessary regarding the purchase of equipment for the UV disinfection system.
Moved by Garcia, second by Marroquin, adoption of Resolution No. 21-95, RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF EL CENTRO APPROVING A VENDOR AGREEMENT WITH
TROJAN TECHNOLOGIES GROUP, ULC FOR THE PURCHASE OF EQUIPMENT FOR THE CITY’S WASTEWATER TREATMENT PLANT, AND APPROPRIATE $513,039.85 IN THE WASTEWATER ENTERPRISE FUNDING.
AYES: Cardenas-Singh, Oliva, Viegas-Walker, Marroquin, Garcia NOES: None
ABSENT: None
ABSTAIN: None
7. Presentation by Chris Tewalt, IT Administrator, adoption of Technology Use Policy.
Moved by Garcia, second by Cardenas-Singh, adoption of Resolution No. 21-96, RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF EL CENTRO ADOPTING TECHNOLOGY USE POLICY.
AYES: Cardenas-Singh, Oliva, Viegas-Walker, Marroquin, Garcia NOES: None
ABSENT: None
ABSTAINED: None
8. Presentation by Marcela Piedra, City Manager, Adoption of Vision, Mission and Value Statements.
Moved by Cardenas-Singh, second by Oliva, adoption of the Vision, Mission and Value Statements.
AYES: Cardenas-Singh, Oliva, Viegas-Walker, Marroquin, Garcia NOES: None
ABSENT: None
ABSTAINED: None
9. Presentation by Marcela Piedra, City Manager, adopt the City of El Centro Strategic Plan 2022-2027.
Moved by Cardenas-Singh, second by Oliva, adoption of Strategic Plan for 2022-2027.
AYES: Cardenas-Singh, Oliva, Viegas-Walker, Marroquin, Garcia NOES: None
ABSENT: None
ABSTAINED: None
10. Presentation by Dulce Bedolla, Human Resource Director, approve one-time payment to City Employees for Continuing Service during the Covid-19 Pandemic.
Moved by Garcia, second by Oliva, adoption of Resolution No. 21-97, RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF EL CENTRO AUTHORIZING ONE-TIME PAYMENT TO CITY EMPLOYEES FOR CONTINUING SERVICE DURING THE COVID-19 PANDEMIC.
AYES: Cardenas-Singh, Oliva, Viegas-Walker, Marroquin, Garcia NOES: None
ABSENT: None
ABSTAINED None
We received speaker slips from Abraham Campos and Anthony Plancarte regarding this item.
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Attachment: 12-07-2021 Regular CC Minutes (5386 : Approval of City Council Minutes) Book 36
LEGISLATIVE ACTION
Update by City Attorney Martyn and City Manager Piedra regarding ACA-7.
DEPARTMENT REPORT
11. Update on Downtown Façade Improvement Program by Adriana Nava, Community Services Director. Pictures of the renovated façades were shown from various businesses and Council commented on the success of the program.
Karina Alvarez, downtown business owner, expressed how successful the program has been and how it has changed the look of the downtown area.
12. Update on the Parks and Recreation Facilities Master Plan Implementation by Adriana Nava, Community Services Director. Ms. Nava showed several pictures of newly renovated parks and recreation areas.
INFORMATIONAL ITEMS
13. WTP Emergency Repair Update
14. Information regarding claim submitted by Miguel Guzman.
15. Notification on Rejection of Claim by Robert Vera.
PUBLIC COMMENTS
None
TASK FORCE AND MAYOR & COUNCIL MEMBERS REPORTS
Mayor and Council Members reported on their activities since last City Council meeting and upcoming events.
CITY MANAGER REPORT
City Manager reported on activities since last City Council meeting and upcoming events.
ADJOURNMENT
With no further business to come before City Council, Mayor Viegas-Walker adjourned the meeting at 8:51 p.m.
__________________________
Norma Wyles, City Clerk
APPROVED BY:
________________________________
Cheryl Viegas-Walker, Mayor
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Packet Pg. 100 Attachment: 12-07-2021 Regular CC Minutes (5386 : Approval of City Council Minutes) Book 36
SPECIAL MEETING
EL CENTRO CITY COUNCIL
CITY HALL, COUNCIL CHAMBERS
1275 MAIN STREET, EL CENTRO, CA
THURSDAY, DECEMBER 9, 2021 6:00 P.M.
The El Centro City Council met in adjourned regular session in the Council Chambers, El Centro City Hall, 1275 Main Street, El Centro, California on Thursday, December 9, 2021, at 6:00 p.m. for the purpose of reorganization.
OPEN SESSION
The El Centro City Council met in a special session on Thursday, December 9, 2021 at 6:00 p.m. in Council Chambers, El Centro City Hall, 1275 Main Street, El Centro, California. No closed session was held.
PRESENT: Council: Cardenas-Singh, Oliva, Viegas-Walker, Marroquin, Garcia City Clerk Wyles, City Manager Piedra, City Attorney Martyn Evans
PLEDGE OF ALLEGIANCE
Pledge of Allegiance to the flag of the United States of America was led by Dr. Adolphe Edward, CEO, El Centro Regional Medical Center.
INVOCATION
Invocation was given by Pastor Martin C. Porter and Steve Walker.
RECOGNITION OF OUTGOING MAYOR VIEGAS-WALKER
1. Presentation of Mayor’s Plaque by Mayor Pro-Tem Oliva to outgoing Mayor Viegas-Walker recognizing her service as Mayor for 2020-2021.
2. Presentation of Album of Events by City Manager Marcela Piedra, to outgoing Mayor Viegas-Walker for her year of service as Mayor.
3. Presentations to outgoing Mayor Viegas-Walker were made at this time from the following:
- Office of Congressman Juan Vargas presented by Gabriela Salazar. - Office of Assembly member Eduardo Garcia presented by Estela Jimenez. - Office of State Senator Ben Hueso presented by Estela Jimenez. - Victor Nava, Executive Board Member, Imperial Valley Regional Chamber of Commerce. - Dr. Edward, CEO, El Centro Regional Medical Center.
4. Remarks by outgoing Mayor Viegas-Walker and Council Members at this time.
REORGANIZATION OF THE CITY COUNCIL
At this time the meeting was turned over to the City Clerk, who presided over the selection of Mayor for the ensuing year.
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Packet Pg. 101 Attachment: 12-09-2021 Special Meeting CC Minutes (5386 : Approval of City Council Minutes) Book 36
City Clerk Wyles called for nominations of Mayor at this time.
5. Moved by Marroquin, second by Viegas-Walker, to nominate Tomás Oliva for Mayor, and with no other nominations being made, nominations were closed.
AYES: Cardenas-Singh, Oliva, Viegas-Walker, Marroquin, Garcia NOES: None
ABSENT: None
ABSTAINED: None
City Clerk Wyles turned the meeting over to the newly selected Mayor Oliva for the nomination of Mayor Pro-Tem.
6. Moved by Viegas-Walker, second by Garcia, for nomination of Martha Cardenas-Singh for Mayor Pro-Tem and with no other nominations being made, nominations were closed.
AYES: Cardenas-Singh, Oliva, Viegas-Walker, Marroquin, Garcia NOES: None
ABSENT: None
ABSTAINED: None
7. Closing remarks were made at this time by incoming Mayor Tomás Oliva.
ADJOURNMENT
With no further business to be discussed, the meeting was adjourned at 6:39 p.m. ______________________________
Norma Wyles, City Clerk
APPROVED BY:
_________________________________
Tomás Oliva, Mayor
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Packet Pg. 102 Attachment: 12-09-2021 Special Meeting CC Minutes (5386 : Approval of City Council Minutes) City Council of the City of El Centro Meeting: 01/18/22 11:30 AM 1275 Main Street Department: City Clerk's Office
El Centro, CA 92243 Category: Ordinance
Prepared By: Norma Wyles
SCHEDULED Department Head: Norma Wyles
ORDINANCE (ID # 5361) DOC ID: 5361
2nd Reading and Adoption of Ordinance No. 21-06,
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL
CENTRO AMENDING THE ZONING MAP OF THE CITY OF EL
CENTRO PERTAINING TO CHANGE OF ZONE 19-02, waive
reading and adopt by title only.
CITY MANAGER’S RECOMMENDATION:
2nd Reading and Adoption of Ordinance No. 21-06, ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF EL CENTRO AMENDING THE ZONING MAP OF THE CITY OF EL CENTRO PERTAINING TO CHANGE OF ZONE 19-02, waive reading and adopt by title only.
ATTACHMENTS:
• Ordinance for Town Center IV COZ(DOC)
6 Packet Pg. 103
12/2021/liz/A21-0242/Reso/TownCtrIV/ExhD
1 ORDINANCE NO. 21-06
ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF EL CENTRO AMENDING THE ZONING MAP OF
THE CITY OF EL CENTRO PERTAINING TO CHANGE
OF ZONE 19-02
THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The Zoning Map of the City of El Centro, California is hereby amended to provide:
“The following property which consists of approximately 11.59 acres of land, located at northwest corner of North 8th Street and Bradshaw Drive, further identified by APN 044-620-056, is hereby re-zoned from CG (General Commercial) to R3 (Multiple Family Residential).”
Section 2. This Amendment shall be given appropriate enumeration in the files of the City Clerk regarding the Zoning Map.
Section 3. This Ordinance shall take effect thirty (30) days from and after its adoption.
Within fifteen (15) days after adoption, it shall be published once in a newspaper, published and circulated within the City of El Centro, California.
INTRODUCED at a regular meeting of the City Council of the City of El Centro, California, held on the 21st day of December, 2021.
PASSED AND ADOPTED at a regular meeting of the City Council of the City ofEl Centro, California, held on the day of , 2021.
CITY OF EL CENTRO
By
ATTEST: Tomás Oliva, Mayor
By
Norma Wyles, City Clerk
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Packet Pg. 104 Attachment: Ordinance for Town Center IV COZ (5361 : 2nd Reading and Adoption of Ordinance No. 21-06, updating and amending Chapter 13, 12/2021/liz/A21-0242/Reso/TownCtrIV/ExhD
2 APPROVED AS TO FORM:
Office of the City Attorney
By
Elizabeth L. Martyn, City Attorney
STATE OF CALIFORNIA )
COUNTY OF IMPERIAL )
ss CITY OF EL CENTRO )
I, Norma Wyles, City Clerk of the City of El Centro, California, do hereby certify that the foregoing Ordinance No. 21-06, had its first reading on the 21st day of December, 2021, and had its second reading on , 2021, and was passed by the following vote:
AYES: Garcia, Viegas-Walker, Oliva, Cardenas-Singh, Marroquin NOES: None
ABSENT: None
ABSTAINED: None
AYES:
NOES:
ABSENT:
ABSTAINED:
By
Norma Wyles, City Clerk
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Packet Pg. 105 Attachment: Ordinance for Town Center IV COZ (5361 : 2nd Reading and Adoption of Ordinance No. 21-06, updating and amending Chapter 13, City Council of the City of El Centro Meeting: 01/18/22 11:30 AM 1275 Main Street Department: Public Works
El Centro, CA 92243 Category: Authorization
Prepared By: Abraham Campos
SCHEDULED Department Head: Abraham Campos
ACTION ITEM (ID # 5221) DOC ID: 5221
Discussion and any necessary action regarding the approval of plans and specifications related to the Clarifiers
Rehabilitation Project
CITY MANAGER’S RECOMMENDATION:
Approve plans and specifications related to the Clarifier's Rehabilitation Project.
FISCAL IMPACT:
No impact to the General Fund
The engineer's estimate of cost is $880,000 budgeted as follows:
$750,000 in Wastewater Enterprise Funds
$130,000 in Water Enterprise Funds
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
Goal 2 Environmental Sustainability & Infrastructure - Action 2.11 Wastewater Capital Improvement
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:
NA
BACKGROUND:
The City of El Centro Waste Water Treatment utilizes four secondary clarifier as part of its treatment process for wastewater. Clarifiers 3 and 4 were recently rehabilitated in 2020 and Clarifiers 1 and 2 remain to be rehabilitated.
The south clarifier at the Water Treatment plant is also in need of recoating.
DISCUSSION:
Remaining clarifiers 1 and 2 are in need of maintenance similar to the recently rehabilitated clarifiers 3 and 4. Staff has prepared specifications that will allow the project to be released for public bidding. Staff has included the recoating of the south clarifier located at the Water Treatment plant as part of this project. Doing both facilities under the same contract is expected to have cost savings due to economies of scale.
CONCLUSION:
Approve plans and specifications and authorize staff to release for public bidding. 7 Packet Pg. 106
Action Item (ID # 5221) Meeting of January 18, 2022
ATTACHMENTS:
• Clarifiers Rehabilitation Complete Spec set (PDF)
7 Packet Pg. 107
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Packet Pg. 108 Attachment: Clarifiers Rehabilitation Complete Spec set (5221 : Approve Plans and Specs WWTP Clarifier 1 and 2 refurbish) 08/26/2021 CA –
City of El Centro CLARIFIERS REHABILITATION PROJECT
CLARIFIERS
REHABILITATION PROJECT
TABLE OF CONTENTS
PAGE
VOLUME 1 OF 2
NOTICE INVITING SEALED PROPOSALS (BIDS) NIB 1 – 6
BIDDING DOCUMENTS BD1 - 23
CONTRACT DOCUMENTS CD 1 - 15
Agreement CD 2 - 11
Performance Bond CD 12-13
Payment Bond CD 14-15
GENERAL CONDITIONS GC 1 - 66
SUPPLEMENTAL GENERAL CONDITIONS SGC 1 - 7
VOLUME 2 OF 2
TECHNICAL SPECIFICATIONS SP 1 – ___
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City of El Centro SECONDARY CLARIFIERS REHABILITATION PROJECT NIB 1
NOTICE INVITING BIDS
RECEIPT OF BIDS: Sealed Bids will be received at the office of the City Clerk, City of El Centro, OWNER of the WORK, located at 1275 Main Street, El Centro, CA 92243, until ___________at 2:00 p.m. for the construction of the “CLARIFIERS REHABILITATION PROJECT.”
DESCRIPTION OF WORK: The WORK includes but is not limited to:
Furnishing all materials, equipment, and tools; the appurtenant thereto, for the demolition of existing equipment/structures, and installation, testing and start-up of ContractorFurnished Contractor-Installed clarifier mechanisms for secondary clarifiers #1 and 2 including refurbishing existing bridge and center drive assembly at the City Waste Water Treatment Plant.
Furnishing all materials, equipment, and tools appurtenant thereto for the refurbishing of the South Clarifier at the City Potable Water Treatment Plant The scope of work also is more specifically described on Section 01005-General provisions and in these Specifications.
SITE OF WORK: The site of the WORK will be divided between two location within the City:
1) City of El Centro Wastewater Treatment Plant at 2255 N. La Brucherie Rd.; 2) City of El Centro Water Treatment Plant located at 1101 W. Danenberg Dr.
COMPLETION OF WORK: The WORK must be completed within one hundred and eighty (180) consecutive Calendar Days after the commencement date stated in the Notice to Proceed.
OPENING OF BIDS: The Bids will be publicly opened and read at 2:00 pm on March 3, 2022 at the above-mentioned office of OWNER.
OBTAINING CONTRACT DOCUMENTS: The Contract Documents are entitled “CLARIFIERS REHABILITATION PROJECT.”
The Contract Documents are available through Planet Bids, by accessing our website (www.cityofelcentro.org) and selecting “DOING BUSINESS> BIDS & PROPOSALS > PUBLIC WORKS (PLANET BIDS)” from the drop down menu or by visiting https://pbsystem.planetbids.com/portal/41180/portal-home
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City of El Centro SECONDARY CLARIFIERS REHABILITATION PROJECT NIB 2
MANDATORY PRE-BID CONFERENCE: Bidders are required to attend a pre-bid meeting, which will be conducted by the City of El Centro CONSTRUCTION MANAGER at 10:00 A.M. on ___________February 16 2022. The meeting will be held at the City of El Centro, Economic Development Conference Room located at 1249 W. Main Street, El Centro CA 92243. The object of the meeting is to acquaint Bidders with the site conditions and mandatory bidding requirements and subcontractors of subcontracting and material supply opportunities. At that meeting, the City of El Centro’s Equal Opportunity Program goals and reporting procedures will be discussed.
QUESTIONS: Technical questions shall be directed to the CONSTRUCTION MANAGER through the Planet Bids portal. Questions must arrive at least ten (10) working days prior to the bid opening to allow time for distributing answers and/or clarifications to plan holders. Responses to questions that may be asked will be provided by Addendum. No oral comments shall be of any force or effect with respect to this solicitation.
As used herein, all days are calendar days unless otherwise specified REQUIRED DOCUMENTS AT BID TIME:
The bid shall be considered incomplete and be disqualified if any of the required BIDDING DOCUMENTS in pages BD9 to BD21 of this solicitation are not provided as instructed.
BID SECURITY: Each Bid shall be accompanied by a certified or cashier’s check or bid bond in the amount of ten (10) percent of the total Bid price payable to the City of El Centro as a guarantee that the Bidder, if its bid is accepted, will promptly execute the Agreement. A bid shall not be considered unless one of the forms of bid security is enclosed with it.
BIDS TO REMAIN OPEN: The Bidder shall guarantee the total Bid price for a period of ninety (90) calendar Days from the date of Bid opening.
CONTRACTOR’S LICENSE CLASSIFICATION: In accordance with the provisions of California Law, OWNER has determined that CONTRACTOR shall possess a valid Class A California contractor’s license at the time that the Bid is submitted. Failure to possess the specified license shall render the Bid non-responsive and shall act as a bar to award of the Agreement to any Bidder not possessing said license at the time of Bid.
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City of El Centro SECONDARY CLARIFIERS REHABILITATION PROJECT NIB 3
CALIFORNIA WAGE RATE REQUIREMENTS: In accordance with the provisions of California Labor Code sections 1770 et seq. as amended, the Director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with the standards set forth in such sections for the locality in which the WORK is to be performed.
A copy of said wage rates is on file at the office of OWNER. It shall be mandatory for CONTRACTOR to whom the WORK is awarded, and upon any Subcontractor under CONTRACTOR, to pay not less than said specified rates to all workers employed by them in the execution of the WORK.
CONTRACTOR AND SUBCONTRACTOR REGISTRATION WITH DEPARTMENT OF INDUSTRIAL RELATIONS:
Labor Code section 1771.1 provides that a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Public Contract Code section 4104, or engage in the performance of any contract for public work, as that term is defined in Chapter 1, Part 7, Division 2 of the Labor Code, unless currently registered and qualified to perform public work pursuant to Labor Code section 1725.5. Labor Code section 1771.1 also provides that it is not a violation of that section for an unregistered contractor to submit a bid that is authorized by Business and Professions Code section 7029.1 or by Public Contract Code section 10164, provided the contractor is registered to perform public work pursuant to Labor Code section 1725.5 at the time the contract is awarded.
This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
RETENTION FROM PAYMENTS: CONTRACTOR may elect to receive one hundred (100) percent of payments due under the Contract Documents from time to time, without retention of any portion of the payment by OWNER, by depositing securities of equivalent value with OWNER in accordance with the provisions of section 22300 of the Public Contract Code. Such securities, if deposited by CONTRACTOR, shall be valued by OWNER, whose decision on valuation of the securities shall be final. Securities eligible for investment under this provision shall be limited to those listed in section 16430 of the Government Code, bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts, standby letters of credit or any other security mutually agreed to by CONTRACTOR and OWNER.
FILING OF BID PROTESTS: By submitting a Bid, each Bidder hereby agrees and understands that the Bidder must comply with these protest procedures and exhaust all administrative remedies set forth herein prior to the initiation of any type of related legal action. With the express written Contract of the City and Bidder, and subject to the requirements of applicable law, this protest
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City of El Centro SECONDARY CLARIFIERS REHABILITATION PROJECT NIB 4
procedure can also be used to resolve issues surrounding the City’s determination of a Bidder as not responsible. The following terms as used in this Section shall have the following meanings:
“Protest” shall mean a written objection by an interested party or affected party to (i) the requirements or specifications contained in the Notice to Bidders or any portion of documents accompanying that notice; or (ii) a proposed award recommendation protest.
A. Solicitation Phase Protest. The purpose of the solicitation is to obtain competitive Bids from Bidders. Any Bidder who has submitted a bid and who believes that a free and open competition has not taken place or that a particular specification or requirement is impractical, unduly restrictive, or ambiguous may advise the City of its concerns by submitting a detailed Solicitation Protest Statement in accordance with the requirements set forth below in this Section A. The Protest does not replace the requirement to report irregularities in the bid documents.
(1) Contents and Requirements
A solicitation protest must be submitted to the contact named in the bid documents by personal delivery or email by close of business at least fifteen (15) calendar days prior to the Bid due date, and must contain all of the following to be considered:
a. The name, address, and telephone number of the protester; and b. The Project Name and Project Number; and
c. A detailed statement setting forth the grounds for protest, which shall include all the factual and legal documentation in support of the protest in sufficient detail to establish merits of the protest; and d. The desired resolution of the protest.
If the submitted protest does not comply with the requirements set forth herein, then it will not be considered for evaluation and will be returned to the protestor. Any grounds for protest not raised are waived. The protest may not be amended after filing. The protest is a public document.
(2) Evaluation and Determination
No hearing will be held on the protest. City’s Public Works Director, or designee, will review the protest and any supporting material and conduct an investigation of the facts. He/she may, but need not, requires other Bidders to submit statements or arguments regarding the protest and may discuss the protest with the protestor.
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City of El Centro SECONDARY CLARIFIERS REHABILITATION PROJECT NIB 5
The Public Works Director or designee shall issue a final written decision regarding any solicitation protest to each Bidder prior to Bid opening. The written decision will cite any actions that will or will not be taken in response to the protest. That decision shall be final, and there shall be no further administrative recourse.
B. Protest of Award
(1) Contents and Requirements
Following the opening of the Bids any unsuccessful Bidder, may protest City’s proposed award of the Contract by submitting a protest to the Public Works Director or designee no later than close of business on the fifth business day. That protest must be submitted in a timely manner, signed by the protesting Bidder, and must contain all of the following to be considered:
a. The name, address, and telephone number of the protestor; and b. The project name; CLARIFIERS REHABILITATION PROJECT; and c. The City action or recommendation that is being protested; d. A detailed statement setting forth every ground, reason, legal authority and facts in support of the protest, including all documents and evidence including specific references to parts of the bid documents; and e. A clear statement of the relief request
A protest that does not comply with the requirements set forth herein will be returned to the protestor. The protest shall not be amended after filing. Any grounds for protest not raised are waived. The protest is a public document.
Award Protest Statements are public documents. City will notify the affected parties when a protest has been submitted, and will provide copies of the protest to the affected parties as soon as is reasonably practical. (2) Evaluation and Determination
The affected parties may file responsive statements in support of or in opposition to the protest within three (3) business days after the receipt of the protest from the City. The Public Works Director, or designee, shall review the facts and all submittals relative to the protest and shall issue a written decision setting forth the basis for such decision. The written decision will be issued to the protestor and to all affected parties.
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City of El Centro SECONDARY CLARIFIERS REHABILITATION PROJECT NIB 6
Unless otherwise required by law, no hearing shall be provided. In the event a hearing is conducted, the Public Works Director or designee, shall issue written notice to the protestor and affected parties identifying the date and time for the hearing, along with rules concerning the hearing.
C. Delay in Award
Execution of any proposed contract shall be delayed pending the resolution of the protest unless one or more of the following conditions is present:
1. The items or services being procured are urgently required;
2. Delivery or performance will be unduly delayed by failure to make award promptly; or
3. Failure to make prompt award will otherwise cause undue harm to the City.
D. No Limitations on Remedies
Nothing contained herein shall be construed to act as a limitation of the City’s choice of remedies or confer any right upon any interested party or affected party to a remedy.
E. Basis for Choice Remedy
In determining the appropriate remedy, the City shall consider all of the circumstances surrounding the notice of bids and/or award, including, but not limited to:
1. The seriousness of any deficiency found to exist in the contracting process;
2. The effect of the action on the competitive process;
3. Any urgency surrounding the requirement to enter into a contract; and
4. The effect that implementing the remedy will have on the City.
F. Remedies
If the City determines that the award or proposed award was not made in accordance with applicable statues, regulations, policies and/or procedures, the City, in its sole discretion, may grant any of the following remedies or any other remedy it deems appropriate:
1. Prior to award, City may issue a new solicitation, make a new selection/award recommendation, or award the contract consistent with applicable statutes, regulations, policies and procedures;
2. In its sole discretion, take no further action; or
3. Take any other action that is permitted by law to promote compliance.
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City of El Centro SECONDARY CLARIFIERS REHABILITATION PROJECT NIB 7
OWNER’S RIGHTS RESERVED: OWNER reserves the right to reject any or all Bids, to waive any informality in a Bid, and to make awards to the lowest responsive Bidder as it may best serve the interest of OWNER.
Date:____________________ OWNER: City of El Centro
_________________________
Norma Wyles, City Clerk
- END OF NOTICE INVITING BIDS -
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City of El Centro SECONDARY CLARIFIERS REHABILITATION PROJECT BD-1
BIDDING DOCUMENTS
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City of El Centro SECONDARY CLARIFIERS REHABILITATION PROJECT BD-2
INSTRUCTIONS TO BIDDERS
1. DEFINED TERMS. Terms used in these Instructions to Bidders and the Notice Inviting Bids which are defined in the General Conditions have the meanings assigned to them in the General Conditions. The term “Bidder” means one who submits a Bid directly to OWNER, as distinct from a sub-bidder, who submits a Bid to a Bidder.
2. INTERPRETATIONS AND ADDENDA.
2.1 All questions about the meaning or intent of the Contract Documents are to be directed to OWNER. Interpretations or clarifications considered necessary by OWNER in response to such questions will be issued by Addenda. Questions received less than seven (7) working Days prior to the date for opening of Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.
2.2 Addenda may also be issued to modify the Contract Documents as deemed advisable by OWNER or DESIGN CONSULTANT. If there is no Design Consultant for this project, the term “DESIGN CONSULTANT” as used herein shall refer to the OWNER.
3. COMPETENCY OF BIDDERS. Bidders must possess a valid California contractor’s license applicable to the type of work bid upon at the time of opening Bids.
4. EL CENTRO BUSINESS LICENSE. All Bidders and their Subcontractors not already having a business license from the City of El Centro will be required to secure the appropriate license from the City of El Centro before the Agreement can be executed.
5. DISQUALIFICATION OF BIDDERS. More than one (1) Bid from an individual, firm, partnership, corporation or association under the same or different names will not be considered. If OWNER believes that any Bidder is interested in more than one (1) Bid for the WORK contemplated, all Bids in which such Bidder is interested will be rejected. If OWNER believes that collusion exists among the Bidders, all Bids will be rejected. A party who has quoted prices to a Bidder is not hereby disqualified from quoting prices to other Bidders, or from submitting a Bid directly for the WORK.
6. BIDDER’S EXAMINATION OF CONTRACT DOCUMENTS AND SITE
6.1 It is the responsibility of each Bidder before submitting a Bid:
(a) To examine thoroughly the Contract Documents and other related data identified in the Bidding Documents (including “technical data” referred to below); (b) To visit the site to become familiar with and satisfy Bidder as to the general and local conditions that may affect cost, progress or performance of the WORK;
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City of El Centro SECONDARY CLARIFIERS REHABILITATION PROJECT BD-3
(c) To consider Federal, State and local Laws and Regulations that may affect cost, progress or performance of the WORK;
(d) To study and carefully correlate the Bidder’s knowledge and observations with the Contract Documents and other related data; and
(e) To notify CONSTRUCTION MANAGER of all conflicts, errors, ambiguities or discrepancies in or between the Contract Documents and such other related data.
6.2 Reference is made to the Supplementary General Conditions for identification of:
(a) Those reports of explorations and tests of subsurface conditions at or contiguous to the site which have been utilized by DESIGN CONSULTANT in the preparation of the Contract Documents. The Bidder may rely upon the accuracy of the technical data contained in such reports, however, the interpretation of such technical data, including any interpolation or extrapolation thereof, together with non-technical data, interpretations and opinions contained therein or the completeness thereof is the responsibility of the Bidder. (b) Those drawings of physical conditions in or relating to existing surface and subsurface conditions (except Underground Utilities) which are at or contiguous to the site that have been utilized by DESIGN CONSULTANT in the preparation of the Contract Documents. The Bidder may rely upon the accuracy of the technical data contained in such drawings, however, the interpretation of such technical data, including any interpolation or extrapolation thereof, together with nontechnical data, interpretations and opinions contained in such drawings or the completeness thereof is the responsibility of the Bidder.
Subsurface conditions, including but not limited to groundwater, may have changed significantly between the completion of the soils investigation by the geotechnical engineer and start of construction. Subsurface conditions, including but not limited to groundwater, may change significantly during construction.
6.3 Copies of such reports and drawings will be made available by OWNER to any Bidder on request if said reports and drawings are not bound herein. Those reports and drawings are not part of the Contract Documents, but the technical data contained therein upon which the Bidder is entitled to rely, in Paragraph SGC-4.2 of the Supplementary General Conditions has been identified and established.
6.4 Information and data reflected in the Contract Documents with respect to Underground Utilities at or contiguous to the site is based upon information and data furnished to OWNER and DESIGN CONSULTANT by the owners of such Underground Utilities or others, and OWNER does not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary General Conditions or the section entitled “Protection and Restoration of Existing Facilities” of the General Requirements.
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City of El Centro SECONDARY CLARIFIERS REHABILITATION PROJECT BD-4
6.5 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, Underground Utilities and other physical conditions, and possible changes in the Contract Documents due to differing conditions appear in Paragraphs 4.2, 4.3, and 4.4 of the General Conditions.
6.6 Before submitting a Bid, each Bidder will, at Bidder’s own expense, make or obtain any additional examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and Underground Utilities) at or contiguous to the site or otherwise which may affect cost, progress or performance of the WORK or which relate to any aspect of the means, methods, techniques, sequences or procedures of construction to be employed by Bidder and Safety precautions and programs incident thereto which the Bidder deems necessary to determine its Bid for performing the WORK in accordance with the time, price and other terms and conditions of the Contract Documents. Interference with existing facility operations will not be permitted.
6.7 On request in advance, OWNER will provide each Bidder access to the site to conduct such examinations, investigations, explorations, tests and studies as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and shall clean up and restore the site to its former condition upon completion of such examinations, investigations, explorations, tests and studies.
6.8 The lands upon which the WORK is to be performed, rights-of-way and easements for access thereto and other lands designated for use by CONTRACTOR in performing the WORK are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by CONTRACTOR. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by OWNER unless otherwise provided in the Contract Documents.
6.9 The submission of a Bid will constitute an incontrovertible representation by the Bidder that the Bidder has complied with every requirement of this Paragraph 6, “Bidder’s Examination of Contract Documents and Site” herein, that without exception the Bid is premised upon performing the WORK required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction (if any) as may be indicated in or required by the Contract Documents, that Bidder has given CONSTRUCTION MANAGER written notice of all conflicts, errors, ambiguities and discrepancies in the Contract Documents and the written resolution thereof by CONSTRUCTION MANAGER is acceptable to Bidder and the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the WORK.
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City of El Centro SECONDARY CLARIFIERS REHABILITATION PROJECT BD-5
7. BID FORM.
7.1 The Bid shall be made on the Bid schedule bound herein and the pages may be removed from the bound volume. The envelope enclosing the sealed Bids shall be plainly marked in the upper left-hand corner with the name and address of the Bidder and shall bear the words “BID FOR” followed by “CLARIFIERS REHABILITATION PROJECT ,” El Centro, CA, 92243, and the date and hour of opening of Bids. The Bid security shall be enclosed in the same envelope with the Bid.
7.2 All blanks on the Bid form must be completed in ink.
7.3 Bids by corporations must be executed in the corporate name by the president and a vice-president (or other corporate officer). Such Bid shall be accompanied by the enclosed certificate of authority to sign, attested by the secretary or assistant secretary, and with the corporate seal affixed. The corporate address and state of incorporation must appear below the signature.
7.4 Bids by partnerships must be executed in the partnership name and be signed by a managing partner, accompanied by evidence of authority to sign and his/her title must appear under the signature and the official address of the partnership must appear below the signature.
7.5 All names must be printed below the signature.
7.6 The Bid shall contain an acknowledgement of receipt of all Addenda, the numbers of which shall be filled in on the Bid form. Failure to acknowledge Addenda shall render the Bid non-responsive and shall be cause for its rejection.
7.7 The address to which communications regarding the Bid are to be directed must be shown.
7.8 All Bidders must provide evidence of authority to conduct business in California to the extent required by law.
8. QUANTITIES OF WORK. The quantities of work or material stated in unit price items of the Technical Specifications are supplied only to give an indication of the general scope of the WORK; OWNER does not expressly or by implication agree that the actual amount of work or material will correspond therewith, and reserves the right after award to increase or decrease the amount of any unit price item of the WORK in accordance with Article 10 of the General Conditions, to delete any Bid item in its entirety, or to add additional Bid items up to and including an aggregate total amount not to exceed twenty-five (25) percent of the Contract Price.
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9. SUBSTITUTE OR “OR EQUAL” ITEMS. Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier and the name is followed by the words “or equal,” the Bidder may write the name of a substitute supplier (which the Bidder considers as an “or equal”) in the Proposed Substitute Equipment/Material Supplier List in the Bid form. These substitute suppliers will only be considered after award of the Agreement. The procedure for the submittal of substitute or “or equal” products is specified in section 6.7 of the General Conditions.
10. SUBMISSION OF BIDS. The Bid shall be delivered by the time and to the place set forth in the Notice Inviting Bids. It is the Bidder’s sole responsibility to see that its Bid is received in proper time. It is the Bidders responsibility to point out any errors or discrepancies in the bid documents.
11. BID SECURITY, BONDS AND INSURANCE. Each Bid shall be accompanied by a certified or cashier’s check or approved Bid bond in the amount stated in the Notice Inviting Bids. Said check or bond shall be made payable to the City of El Centro and shall be given as a guarantee that the Bidder, if awarded the Agreement, will enter into an Agreement with OWNER, and will furnish the necessary insurance certificates, payment bond and performance bond; each of said Bonds to be in the amount stated in the Supplementary General Conditions. In case of refusal or failure to enter into said Agreement, the check or Bid bond, as the case may be, shall be forfeited to OWNER. If the Bidder elects to furnish a Bid bond as its Bid security, the Bidder shall use the Bid bond form bound herein, or one conforming substantially to it in form.
12. DISCREPANCIES IN BIDS. In the event of a discrepancy between words and numbers in the Bid, the words shall govern. In the event there are unit price Bid items in the Schedule of Values and the amount indicated for a unit price Bid item does not equal the product of the unit price and quantity, the unit price shall govern and the amount will be corrected accordingly, and the Bidder shall be bound by said correction. In the event there is more than one (1) Bid item in the Schedule of Values and the total indicated for the schedule does not agree with the sum of the prices bid on the individual items, the prices bid on the individual items shall govern and the total for the schedule will be corrected accordingly, and the Bidder shall be bound by said correction.
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City of El Centro SECONDARY CLARIFIERS REHABILITATION PROJECT BD-7
13. MODIFICATIONS AND UNAUTHORIZED ALTERNATIVE BIDS. Unauthorized conditions, limitations or provisos attached to the Bid will render it informal and may cause its rejection as being non-responsive. The completed Bid forms shall be without interlineations, alterations or erasures in the printed text. Alternative Bids will not be considered unless called for. Oral, telegraphic or telephonic Bids or modifications will not be considered.
14. WITHDRAWAL OF BID. The Bid may be withdrawn by the Bidder by means of a written request, signed by the Bidder or its properly authorized representative. Such written request must be delivered to the place stipulated in the Notice Inviting Bids for receipt of Bids prior to the scheduled closing time for receipt of Bids.
15. BID RESULTS. To obtain bid results, provide a self-addressed, stamped envelope, referencing “CLARIFIERS REHABILITATION PROJECT” Bid tabulation will be mailed to you after verification of extensions. Bid results will not be given out over the telephone.
Bid results may be posted on City’s website.
16. AWARD OF CONTRACT. Award of a contract, if it be awarded, will be on the basis of the Bid proposal estimated quantities and will be made to the lowest responsive Bidder whose Bid complies with all the requirements prescribed. Unless otherwise specified, any such award will be made within the period stated in the Notice Inviting Bids that the Bids are to remain open. Unless otherwise indicated, a single award will be made for all the Bid items in an individual Bid schedule. The lowest Bid shall be the lowest total of the Bid prices on the base contract.
17. RETURN OF BID SECURITY. Within fourteen (14) working Days after award of the Agreement, OWNER will return the Bid securities accompanying such of the Bids as are not considered in making the award. All other Bid securities will be held until the Agreement has been finally executed. They will then be returned to the respective Bidders whose Bids they accompany.
18. EXECUTION OF AGREEMENT. The apparent low Bidder will be required to execute a written Agreement with OWNER generally in the form included with the Contract Documents, shall secure all insurance and shall furnish all certificates and Bonds required by the Contract Documents within fourteen (14) calendar Days after receipt of notification that the Bidder is the apparent low Bidder. Failure or refusal to enter into an Agreement as herein provided or to conform to any of the stipulated requirements in connection therewith shall be considered non-responsive and result in the forfeiture of the Bid security. If the lowest responsive Bidder refuses or fails to execute the Agreement, OWNER may proceed to the second lowest responsive Bidder. If the second lowest responsive Bidder refuses or fails to execute the Agreement, OWNER may proceed to the third lowest responsive Bidder.
On the failure or refusal of such second or third lowest Bidder to execute the Agreement, each such Bidder’s Bid securities shall be likewise forfeited to OWNER.
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19. LIQUIDATED DAMAGES. Provisions for liquidated damages, if any, are set forth in the Agreement.
20. WORKERS’ COMPENSATION REQUIREMENT. The Bidder should be aware that in accordance with section 3700 of the California Labor Code it will, if awarded the Agreement, be required to secure the payment of compensation to its employees and execute the Workers’ Compensation Certification in the form contained in these Contract Documents.
- END OF INSTRUCTIONS TO BIDDERS -
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City of El Centro SECONDARY CLARIFIERS REHABILITATION PROJECT BD-9
SECTION 00300A
BID FORMS
BID TO: CITY OF EL CENTRO
1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with OWNER in the form included in the Contract Documents (as defined in Article 6 of the Agreement) to perform the WORK as specified or indicated in said Contract Documents entitled “CLARIFIERS REHABILITATION PROJECT.”
2. Bidder accepts all of the terms and conditions of the Contract Documents, including without limitation those in the Notice Inviting Bids and Instructions to Bidders, dealing with the disposition of the Bid security.
3. This Bid will remain open for the period stated in the Notice Inviting Bids unless otherwise required by law. Bidder will enter into an Agreement within the time and in the manner required in the “Notice Inviting Bids” and the “Instructions to Bidders,” and will furnish the insurance certificates, Payment Bond and Performance Bond required by the Contract Documents.
4. Bidder has examined copies of all the Contract Documents including the following Addenda (receipt of all of which is hereby acknowledged):
Number ______ ______ ______ ______ ______ ______
Date ______ ______ ______ ______ ______ ______
5. Bidder has familiarized itself with the nature and extent of the Contract Documents, WORK, site, locality where WORK is to be performed, the legal requirements (Federal, State and local laws, ordinances, rules and regulations) and the conditions affecting cost, progress or performance of the WORK and has made such independent investigations as Bidder deems necessary.
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City of El Centro SECONDARY CLARIFIERS REHABILITATION PROJECT BD-10
To all the foregoing, and including all Bid schedule(s) and information required of Bidder contained in this Bid form, said Bidder further agrees to complete the WORK required under the Contract Documents within the Contract Time set forth in said Contract Documents, and to accept in full payment therefore the Contract Price based on the total Bid price(s) named in the aforementioned Bid schedule(s).
Dated: Bidder:
By:
(Signature)
Title:
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City of El Centro SECONDARY CLARIFIERS REHABILITATION PROJECT BD-11
BID SCHEDULE - PRICES
Pursuant to and in compliance with the Invitation for Bids and other Contract Documents relating to the proposal for the construction of
CLARIFIERS REHABILITATION PROJECT
all in accordance with the Drawings and Project Specifications the undersigned Bidder, having familiarized himself with the terms of the Agreement, the local conditions affecting the performance of the Agreement and the cost of the WORK at the place the WORK is to be done; and with the Drawings, Project Specifications and other Contract Documents, hereby stipulated; CONTRACTOR agrees to complete the Agreement, including all of its component parts and everything required to be performed, and to provide and furnish any and all labor, materials, equipment, tools, expendable supplies, and all utility and transportation services necessary to perform the Agreement, and complete in a workmanlike manner all of the WORK required in connection with the Agreement, all in strict conformance with the Drawings and Specifications for the following prices and sum.
The following Bid Schedule of estimated quantities is included for convenience of bidding and a basis for comparison of Bids only, and CITY does not, expressly, or by implication, agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the WORK, or to delete portions of the WORK, as may be deemed necessary or advisable by CITY.
All Bidders are REQUIRED to use unit prices where indicated and to complete this schedule.
All items shall be complete and in place per Plans and these Bid and Contract Documents.
Note: Payment for all work (labor, material, equipment, etc.) required for the construction and installation of the improvement as shown on the plans which is not specifically identified below in the Bid Schedule shall be considered as included in the CONTRACTOR’s price, as itemized below, for the various items of work for which the work is required, and no additional compensation shall be made therefor.
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PROPOSAL BID FORM
BASE BID SCHEDULE
Pursuant to and in compliance with the Notice Inviting Bids and the other documents relating thereto, the undersigned Bidder, having familiarized himself/herself with the terms of the Contract and the Contract Documents, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, hereby proposes and agrees to perform within the time stipulated, the Work of the Contract, including all of its component parts, and the furnishing of all materials and equipment required to be incorporated in the form a permanent part of the work; the furnishing of tools, equipment, supplies, transportation, utilities, facilities, labor, superintendence and services required to perform and complete the work; bonds, insurance and submittals; and including the assumption of all obligations, duties and responsibilities necessary to the successful completion of the Contract, including its acceptance by the OWNER, for the following Project:
CLARIFIERS REHABILITATION PROJECT:
The total lump sum price bid shall be the total price to fully deliver a complete and in place project in accordance with the contract documents.
BID PROPOSAL SUMMARY*
TOTAL PRICE FOR BASE BID ITEMS (in figures): _________________________________ TOTAL PRICE FOR BASE BID ITEMS (in words): _________________________________ *NOTE: The apparent first, second and third lowest place bidders must submit a Schedule of Values to the OWNER within twenty-four (24) hours of the bid opening. The Schedule of Values must be completed and furnished in the format shown in these Specifications. Unit prices shall prevail over extended total and grand total prices, and written words shall prevail over written figures. Late submittal of the Schedule of Values will not be accepted and will disqualify the BIDDER. The awarded CONTRACTOR will be required to provide additional information regarding the various Bid Items of Work as required in Volume 2 of these Specifications.
Bidder’s Initials ____________
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Base Bid Schedule
Item Description Unit Quantity Amount
1 WWTP Clarifier 1 LS 1 $
2 WWTP Clarifier 2 LS 1 $
Total Bid Schedule A __$____________________________________ (in numbers) Item Description Unit Quantity Amount
1 WTP South Clarifier LS 1 $
Total Bid Schedule B __$____________________________________ (in numbers) BASE BID = TOTAL BID SCHEDULE A + TOTAL BID SCHEDULE B
BASE BID $ __________________________________(in numbers)
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LIST OF SUBCONTRACTORS
The Bidder shall list below the name and the location of the place of business of each Subcontractor who will perform work or labor or render service to CONTRACTOR in or about the construction of the WORK, or a Subcontractor licensed by the State who, under subcontract to CONTRACTOR, specially fabricates and installs a portion of the WORK according to detailed Drawings contained in the plans and specifications, in an amount in excess of one-half (0.5) of one (1.0) percent of CONTRACTOR’s total Bid. The Bidder shall also list below the portion of the WORK which will be done by each Subcontractor under this contract.
CONTRACTOR shall list only one (1) Subcontractor for each portion of the WORK. If Bidder does NOT intend to use ANY subcontractors, state “NONE” in the first block.
Substitutions of subcontractors listed will not be permitted unless approved by the City of El Centro.
The Bidder’s attention is directed to Paragraph 6.5.3 entitled “Subcontract Limitations” of the General Conditions which sets forth the percent of the WORK to be performed with the Bidders’ own forces. Failure to comply with this requirement will render the Bid non-responsive and may cause its rejection.
PORTION OF WORK NAME OF
SUBCONTRACTOR
DIR REGISTRATION
NUMBER
PLACE OF BUSINESS
ADDRESS/TELEPHONE No.
USE ADDITIONAL FORMS AS NECESSARY
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City of El Centro SECONDARY CLARIFIERS REHABILITATION PROJECT BD-15
GENERAL INFORMATION
BIDDER’S GENERAL INFORMATION:
The Bidder shall furnish the information requested below. Additional sheets shall be attached as required. Failure to complete Item Nos. 1 through 3 will cause the Bid to be non-responsive and shall cause its rejection. In any event, no award will be made until all of the Bidder’s general information (i.e., items 1 through 3, inclusive) is delivered to OWNER.
INFORMATION TO BE PROVIDED BY ALL BIDDERS WITH BID SUBMITTAL:
(1) CONTRACTOR’s name and address:
(2) CONTRACTOR’s telephone number: FAX number:
(3) CONTRACTOR’s license: Primary classification
California State License No. and Expiration Date
Registration No. __________________-
Supplemental classifications held, if any:
Name of Licensee, if different from (1) above:
To be considered for award, CONTRACTOR shall have met all requirements established by OWNER of the Project.
- END GENERAL INFORMATION –
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City of El Centro SECONDARY CLARIFIERS REHABILITATION PROJECT BD-16
NONCOLLUSION DECLARATION
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
The undersigned declares:
I am the __________________ of ______________________, the party making the foregoing bid.
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham.
The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ____________ [date], at ______________________ [city], ________________________ [state].
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- END NONCOLLUSION DECLARATION –
BID BOND
KNOW ALL MEN BY THESE PRESENTS,
That _____________________________ as Principal, and ____________________as Surety, are held and firmly bound unto the City of El Centro, hereinafter called “OWNER,” in the sum of __________________________ dollars, (_______________) (not less than ten (10) percent of the total amount of the Bid) 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.
WHEREAS, said Principal has submitted a Bid to said OWNER to perform the WORK required under the Bid schedule(s) of OWNER’s Contract Documents entitled:
NOW THEREFORE, if said Principal is awarded a contract by said OWNER and, within the time and in the manner required in the Notice Inviting Bids and the Instructions to Bidders enters into a written Agreement on the form of agreement bound with said Contract Documents, furnishes the required certificates of insurance and furnishes the required Performance Bond and Payment Bond, then this obligation shall be null and void, otherwise it shall remain in full force and effect. In the event suit is brought upon this Bond by said OWNER and OWNER prevails, said Surety shall pay all costs incurred by said OWNER in such suit, including reasonable attorneys’ fee to be fixed by the court and actual costs.
SIGNED AND SEALED, this day of , 20
(SEAL) (SEAL)
(Principal) (Surety)
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By: By:
(Signature) (Signature)
(SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY)
- END BID BOND –
CORPORATE CERTIFICATION
OR
PARTNERSHIP INFORMATION
Name of Corporation or Partnership________________________________________________ State of Incorporation___________________________________________________________ List names and addresses of each partner, or titles, names and business addresses of President, Secretary and Treasurer.
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Date_____________________________ Contractor__________________________ Signature_________________________ Title________________________________ ATTEST:
__________________________________
Signature by
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__________________________________
Title
END OF CORPORATE CERTIFICATION OR PARTNERSHIP INFORMATION
DRUG/ALCOHOL TESTING REQUIREMENTS
CONTRACTOR shall execute the following form as required by the Federal Drug and Alcohol, Section 49 CFR Part 382.
I agree to comply with the provisions of Federal Omnibus Transportation Employee Testing Act of 1991, and that I will administer a program of alcohol and drug testing of all commercial vehicle operators, as required by Federal Regulations.
CONTRACTOR certifies compliance with the City of El Centro’s Drug and Alcohol Free Workplace Policy as a condition of the State Drug-Free Workplace Act of 1990 (Government Code sections 8350 et seq.) and the Federal Drug Free Workplace Act of 1988 (41 U.S.C.A. Sections 701 et seq.) In addition, CONTRACTOR agrees to submit a copy of its own drug free workplace policy.
Dated_____________________________
________________________________________
CONTRACTOR’s Name
_________________________________________
CONTRACTOR’s Signature
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_________________________________________
Title
- END DRUG/ALCOHOL TESTING REQUIREMENTS –
WORKERS’ COMPENSATION CERTIFICATE
(AS REQUIRED BY SECTION 1861
OF THE CALIFORNIA LABOR CODE)
I am aware of the provisions of section 3700 of the Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the WORK of this Agreement.
CONTRACTOR:
By:
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Title:
- END OF WORKERS’ COMPENSATION CERTIFICATE –
SITE VISIT CERTIFICATE
THIS IS TO CERTIFY that:
I, ___________________________________________________(name of bidder or his representative) of the _____________________________________________________ (name of construction firm) visited the site in connection with the Bid for the ______________________________________________________________ (name of the Project.)
Having examined the bid documents, I certify that I have acquainted with the nature, geographical and exact location of the works; the general conditions of execution; the neighboring buildings and other constraints that might affect the construction methods; the obligation not to obstruct the traffic where requested, or the flow of any water; the physical conditions specific to the construction sites; the climatic conditions; local conditions; means of communication and transport; the possibility of supplying water, electricity and fuel; the availability of labor sufficient in number and quantity; all constraints and obligations resulting from social, tax and customs legislation; and all conditions and circumstances which might influence the execution or price of the works.
I further certify that I am satisfied with the description of the works and the Project Engineer’s explanations and that I understand perfectly the works to be undertaken as specified and implied in the execution of the Contract.
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______________________________________________
(Name and Signature of Bidder or his Representative)
Date : ______________________
Note 1: This form shall be completed at the time of the visit to the site where the works are to be carried out.
- END OF SITE VISIT CERTIFICATE –
CONTRACTOR’S CERTIFICATION OF QUALIFICATION
FOR LICENSE CLASSIFICATION
After award of the contract, the Contractor, whether an individual, co-partnership, limited partnership, corporation, or any other combination or organization, shall execute the following form:
1. If an individual, I hereby certify that I am, or my responsible managing employee ________________________ (insert name) is, qualified for the license classification called for in these contract documents.
2. If a co-partnership or limited partnership, the general partner hereby certifies that the general partner _______________________________ (insert name), or responsible managing employee __________________________________ (insert name), is qualified for the license classification called for in these contract documents.
3. If a corporation, or any other combination or organization, the responsible managing officer _______________________________ (insert name), or a responsible managing
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employee ________________________________ (insert name), is qualified for the license classification called for in these contract documents.
If the individual who qualifies the Contractor for the license classification called for in these contract documents changes during the progress of the work, then Contractor shall, within seven (7) days of any such change, notify the Director of Public Works in writing of such change, including the name, license number and status of the individual.
For the purpose of this Certification, a responsible managing employee shall mean an individual who is a bona fide employee of the Contractor and is actively engaged in the classification of work for which that individual is the qualifying person on behalf of the Contractor under California law.
DATED:____________________ CONTRACTOR:___________________________________ SIGNATURE:_____________________________ TITLE:______________________________ ATTEST:
SIGNATURE BY:___________________________________________ TITLE:__________________________________________________ - END OF CONTRACTOR’S CERTIFICATION OF QUALIFICATION –
- END OF BIDDING DOCUMENTS –
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CONTRACT DOCUMENTS
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CITY OF EL CENTRO
CLARIFIERS REHABILITATION PROJECT
CONSTRUCTION SERVICES AGREEMENT
This CONSTRUCTION SERVICES AGREEMENT (“Agreement”), is made and effective , by and between the City of El Centro, a municipal corporation ("CITY"), and , a [sole proprietorship, partnership, limited liability partnership, corporation] ("CONTRACTOR"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
I. SCOPE OF WORK
The CONTRACTOR shall perform within the time set forth in Article 2 of this Agreement and shall furnish all labor, materials, equipment, tools, utility services, and transportation and perform and complete all work required in connection with the following:
Furnishing all materials, equipment, and tools; the appurtenant thereto, for the demolition of existing equipment/structures, and installation, testing and start-up of ContractorFurnished Contractor-Installed clarifier mechanisms for secondary clarifiers #1 and 2 including refurbishing existing bridge and center drive assembly at the City Waste Water Treatment Plant.
Furnishing all materials, equipment, and tools; the appurtenant thereto for the refurbishing of Clarifier 1 at the City Potable Water Treatment Plant The scope of work also is more specifically described on the Technical Specifications and in this contract.
By entering into this Agreement, CONTRACTOR acknowledges that there may be other contractors on the site whose work will be coordinated with that of its own. CONTRACTOR expressly warrants and agrees that it will cooperate with other contractors and will do nothing to delay, hinder, or interfere with the work of other separate contractors, the CITY, the Construction Manager, the Architect, or utilities. CONTRACTOR also expressly agrees that, in the event its work is hindered, delayed, interfered with, or otherwise affected by a separate contractor, its sole remedy will be a direct action against the separate contractor. To the extent allowed by law, the CONTRACTOR will have no remedy, and hereby expressly waives any remedy against the CITY, the Construction Manager, or the Architect on account of delay, hindrance, interference or other events caused by a separate contractor.
II. TIME FOR PROJECT COMPLETION
All of CONTRACTOR’s work on the Project shall be completed within durations established for the individual activities as set forth in the Project Construction Schedule.
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All work shall commence ten (10) calendar days after receiving a written Notice of Award from the CITY or Construction Manager, if a Construction Manager is employed by CITY on the Project. CONTRACTOR shall refer to the invitations for bids, and Project Plans and Specifications, all of which, as set forth below, are incorporated herein by reference, for contractual obligations regarding individual activity durations. The aggregate sum total work of all individual Prime Contractors to the CITY comprises the entire “Project” and shall be commenced and completed in conformance with the Project Construction Schedule. The entire Project shall be completed within 180 “calendar” days.
III. THE CONTRACT SUM
The CITY shall pay to the CONTRACTOR for the performance of this Agreement, subject to any additions and deductions provided in the Project documents, the sum of ______________ dollars and XXcents ($XXXXX.00).
IV. PROGRESS PAYMENTS
Based upon Applications for Payment submitted to the CONSTRUCTION MANAGER by the CONTRACTOR and Certificates for Payment issued by the CONSTRUCTION MANAGER, the CITY shall make progress payments on account of the Contract Sum to the CONTRACTOR as provided in the General Conditions.
This Agreement is subject to the provisions of Article 1.7 (commencing at Section 20104.50) of Division 2, Part 3 of the Public Contract Code regarding prompt payment of contractors by local governments. Article 1.7 mandates certain procedures for the payment of undisputed and properly submitted payment requests within 30 days after receipt, for the review of payment requests, for notice to Contractor of improper payment requests, and provides for the payment of interest on progress payment requests that are not timely made in accordance with that Article. This AGREEMENT hereby incorporates the provisions of Article 1.7 as though fully set forth herein.
V. RETENTION OF SECURITIES
Public Contract Code Section 22300 permits the substitution of securities for any monies withheld by a public agency to ensure performance under a contract, at the request and expense of the CONTRACTOR and subject to the provisions of that Section.
VI. INDEMNITY, DEFENSE AND HOLD HARMLESS AGREEMENT
CONTRACTOR shall indemnify, defend with legal counsel approved by CITY, and hold harmless CITY, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONTRACTOR's negligence, recklessness or willful misconduct in the
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performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the CITY. Should conflict of interest principles preclude a single legal counsel from representing both CITY and CONTRACTOR, or should CITY otherwise find CONTRACTOR’s legal counsel unacceptable, then CONTRACTOR shall reimburse the CITY its costs of defense, including without limitation reasonable legal counsels fees, expert fees and all other costs and fees of litigation. The CONTRACTOR shall promptly pay any final judgment rendered against the CITY (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the CONTRACTOR’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
CONTRACTOR obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of CITY under any provision of this agreement, CONTRACTOR shall not be required to indemnify and hold harmless CITY for liability attributable to the active negligence of CITY, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where CITY is shown to have been actively negligent and where CITY active negligence accounts for only a percentage of the liability involved, the obligation of CONTRACTOR will be for that entire portion or percentage of liability not attributable to the active negligence of CITY.
CONTRACTOR also shall provide all indemnifications set out in other portions of these Contract Documents.
VII. PREVAILING WAGES
A. Wage rates for this Project shall be in accordance with the “General Wage Determination Made by the Director of Industrial Relations Pursuant To California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773 and 1773.1", for Imperial County. Wage rates shall conform with those posted at www.cityofelcentro.org under the RFP and Bids City website section for this project and the Project site.
B. The following Labor Code sections are hereby referenced and made a part of this Agreement:
1. Section 1775 - Penalty for Failure to Comply with Prevailing Wage Rates.
2. Section 1777.4 - Apprenticeship Requirements.
3. Section 1777.5 - Apprenticeship Requirements.
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4. Section 1813 - Penalty for Failure to Pay Overtime.
5. Sections 1810 and 1811 - Working Hour Restrictions.
6. Section 1775 - Payroll Records.
7. Section 1773.8 - Travel and Subsistence Pay.
VIII. RECORD AUDIT
In accordance with Government Code, Section 8546.7, records of both the CITY and the CONTRACTOR shall be subject to examination and audit by the Auditor General for a period of three (3) years after final payment.
IX. CERTIFICATIONS
A. Contractor shall have a Class A License.
X. FINAL PAYMENT
Final payment, constituting the entire unpaid balance of the Agreement Sum, shall be paid by the CITY to the CONTRACTOR no sooner than thirty-five (35) days after a Notice of Completion has been recorded, unless otherwise stipulated in the Notice of Completion, provided the work has then been completed, the Agreement fully performed, and a final Certificate for Payment has been issued by the CONSTRUCTION MANAGER.
XI. CONTRACTOR'S FAILURE TO PROCURE COMPLETION OF PROJECT In the event CONTRACTOR fails to furnish tools, equipment, or labor in the necessary quantity or quality, or fails to prosecute the work or any part thereof contemplated by this Agreement in a diligent and workmanlike manner, and if the CONTRACTOR for a period of three (3) calendar days after receipt of written demand from CITY or its designated representative to do so, fails to furnish tools, equipment, or labor in the necessary quantity or quality, and to prosecute its work and all parts thereof in a diligent and workmanlike manner, or after commencing to do so within said three (3) calendar days, fails to continue to do so; then the CITY may exclude the CONTRACTOR from the premises, or any portion thereof, and take possession of said premises or any portion thereof, together with all material and equipment thereon, and may complete the work contemplated by this Agreement or any portion of said work, either by furnishing the tools, equipment, labor or material necessary, or by letting the unfinished portion of said work, or the portion taken over by the CITY to another contractor or by a combination of such methods. In any event, the procuring of the completion of said work, or the portion thereof taken over by the CITY, shall be a charge against the CONTRACTOR, and may be deducted from any money due or becoming due to CONTRACTOR from the CITY, or the CONTRACTOR shall pay the CITY the amount of said charge, or the portion thereof unsatisfied. The sureties provided for under this Agreement shall become liable for payment should CONTRACTOR fail to pay in full any said cost incurred by the CITY.
XII. INSURANCE
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Prior to the beginning of and throughout the duration of the Work, CONTRACTOR and its subcontractors shall maintain insurance in conformance with the requirements set forth below. CONTRACTOR will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth herein, CONTRACTOR agrees to amend, supplement or endorse the existing coverage to do so.
CONTRACTOR acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to CONTRACTOR or its subcontractors in excess of the limits and coverage identified in this Agreement and which is applicable to a given loss, claim or demand, will be equally available to CITY.
Without limiting CONTRACTOR’s indemnification of CITY, and prior to commencement of Work, CONTRACTOR shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to CITY.
General liability insurance. CONTRACTOR shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $2,000,000 completed operations aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
Automobile liability insurance. CONTRACTOR shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the CONTRACTOR arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
Umbrella or excess liability insurance. CONTRACTOR shall obtain and maintain an umbrella or excess liability insurance that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions:
A drop down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason;
Pay on behalf of wording as opposed to reimbursement; Concurrency of effective dates with primary policies; Policies shall “follow form” to the underlying primary policies; and
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Insureds under primary policies shall also be insureds under the umbrella or excess policies.
Workers’ compensation insurance. CONTRACTOR shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000) for CONTRACTOR’s employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, CONTRACTOR shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor’s employees.
CONTRACTOR shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees and volunteers.
Pollution liability insurance. Environmental Impairment Liability Insurance shall be written on a CONTRACTOR’s Pollution Liability form or other form acceptable to CITY providing coverage for liability arising out of sudden, accidental and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 dollars per claim and in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non-owned disposal sites.
Products/completed operations coverage shall extend a minimum of three (3) years after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the Policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The CITY, its officials, officers, agents, and employees, shall be included as insureds under the policy.
Builder’s risk insurance. Upon commencement of construction and with approval of CITY, CONTRACTOR shall obtain and maintain builder’s risk insurance for the entire duration of the Project until only the CITY has an insurable interest. The Builder’s Risk coverage shall include the coverages as specified below.
The named insureds shall be CONTRACTOR and CITY, including its officers, officials, employees, and agents. All Subcontractors (excluding those solely responsible for design Work) of any tier and suppliers shall be included as additional insureds as their interests may appear. CONTRACTOR shall not be required to maintain property insurance for any portion of the Project following transfer of control thereof to CITY. The policy shall contain a provision that all proceeds from the builder’s risk policy shall be made payable to the CITY. The CITY will act as a fiduciary for all other interests in the Project.
Policy shall be provided for replacement value on an "all risk" basis for the completed
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value of the project. There shall be no coinsurance penalty or provisional limit provision in any such policy. Policy must include: (1) coverage for any ensuing loss from faulty workmanship, Nonconforming Work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) Ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sub-limits sufficient to insure the full replacement value of any key equipment item; (6) Ocean marine cargo coverage insuring any Project materials or supplies, if applicable; (7) coverage with sub-limits sufficient to insure the full replacement value of any property or equipment stored either on or off the Site or any staging area. Such insurance shall be on a form acceptable to CITY to ensure adequacy of terms and sub limits and shall be submitted to the CITY prior to commencement of construction.
Other provisions or requirements
Proof of insurance. CONTRACTOR shall provide certificates of insurance to CITY as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by CITY’s risk manager prior to commencement of performance. Current certification of insurance shall be kept on file with CITY at all times during the term of this contract. CITY reserves the right to require complete, certified copies of all required insurance policies, at any time.
Duration of coverage. CONTRACTOR shall 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, his agents, representatives, employees or subcontractors.
CONTRACTOR must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. CITY and its officers, officials, employees, and agents shall continue as additional insureds under such policies.
Primary/noncontributing. Coverage provided by CONTRACTOR shall be primary and any insurance or self-insurance procured or maintained by CITY shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of CITY before the CITY’s own insurance or self-insurance shall be called upon to protect it as a named insured.
City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONTRACTOR or CITY will withhold
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amounts sufficient to pay premium from CONTRACTOR payments. In the alternative, CITY may cancel this Agreement.
Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the CITY’s risk manager.
Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against CITY, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow CONTRACTOR or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. CONTRACTOR hereby waives its own right of recovery against CITY, and shall require similar written express waivers and insurance clauses from each of its sub consultants.
Enforcement of contract provisions (non estoppel). CONTRACTOR acknowledges and agrees that any actual or alleged failure on the part of the CITY to inform CONTRACTOR of non-compliance with any requirement imposes no additional obligations on the CITY nor does it waive any rights hereunder.
Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the CONTRACTOR maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the CONTRACTOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY.
Notice of cancellation. CONTRACTOR agrees to oblige its insurance agent or broker and insurers to provide to CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
Additional insured status. General liability policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
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Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to CITY and approved of in writing.
Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that CONTRACTOR’s insurance shall apply separately to each insured against who claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
Pass through clause. CONTRACTOR agrees to ensure that its sub-consultants, subcontractors, and any other party involved with the project that is brought onto or involved in the project by CONTRACTOR, provide the same minimum insurance coverage and endorsements required of CONTRACTOR. CONTRACTOR agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. CONTRACTOR agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to CITY for review.
City’s right to revise requirements. The CITY reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the CONTRACTOR a ninety (90) day advance written notice of such change. If such change results in substantial additional cost to the CONTRACTOR, the CITY and CONTRACTOR may renegotiate CONTRACTOR’s compensation.
Self-insured retentions. Any self-insured retentions must be declared to and approved by CITY. CITY reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by CITY.
Timely notice of claims. CONTRACTOR shall give CITY prompt and timely notice of claims made or suits instituted that arise out of or result from CONTRACTOR’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
Additional insurance. CONTRACTOR shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work.
XIII. CONTRACTOR'S LICENSE
CONTRACTOR must possess at the time of commencing work and throughout the Project duration, a Contractor's License, issued by the State of California, which is current and in good standing. CONTRACTOR shall ensure that any subcontractor working on the Project possesses at the time of commencing work and throughout the Project duration, a Contractor's License, issued by the State of California, which is current and in good standing.
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XIV. REGISTRATION REQUIREMENTS
Pursuant to Section 1771.1(a) of the Labor Code:
“A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.” CONTRACTOR must be registered with the Department of Industrial Relations (DIR) of the State of California in order to be eligible to work on public works projects.
CONTRACTOR must ensure registration with the DIR that is active and in good standing.
No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].
No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.
This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
The CONTRACTOR is not subject to public works requirements (including registration with the DIR) if the public works project is under $1,000, unless the CITY knows that the same CONTRACTOR will be awarded total project costs in excess of $1,000 for a given year.
XV. CORPORATION IN GOOD STANDING
If CONTRACTOR is a corporation, the undersigned hereby represents and warrants that the corporation is duly incorporated and in good standing in the State of California, and that , whose title is , is authorized to act for and bind the corporation.
XVI. PROVISIONS REQUIRED BY LAW
Each and every provision of law and clause required by law to be inserted in this Agreement
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shall be deemed to be inserted herein and the Agreement shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not currently inserted, then upon application of either party the Agreement shall forthwith be physically amended to make such insertion or correction.
XVII. SUBSURFACE HAZARDOUS MATERIALS
A. In the event trenches or other excavations extend deeper than four (4) feet below the surface, the CONTRACTOR shall promptly, and before the following conditions are disturbed, notify the CITY in writing of any:
1. Material that the CONTRACTOR believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code that is required to be removed to a Class I, Class II or Class III disposal site in accordance with the provisions of existing law.
2. Subsurface or latent physical conditions at the site differing from those indicated.
3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in the Work or the character provided for in the CONTRACT.
B. Upon receipt of said notification the CITY will investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the CONTRACTOR's cost of or the time required for performance of any part of the work, the CITY will issue a change order under the procedures described in the General Conditions.
C. In the event that a dispute arises between the CITY and the CONTRACTOR whether the conditions materially differ, or involve hazardous waste or cause a decrease or increase in the CONTRACTOR's cost of or time required for performance of any part of the work, the CONTRACTOR shall not be excused from any scheduled completion date provided for by the Agreement, but shall proceed with all work to be performed under the Agreement. The CONTRACTOR shall retain any and all rights provided either by Agreement or by law which pertain to the resolution of disputes and protests between the contracting parties.
XVIII. LIQUIDATED DAMAGES
Pursuant to Government Code Section 53069.85, if work is not completed within the contract time or in strict accordance with the Project Schedule, it is understood, acknowledged and agreed that the CITY will suffer damage. It is therefore agreed that the CONTRACTOR shall pay to the CITY the sum of one thousand dollars ($1,000) for each and every calendar day of delay beyond the Contract Time, or beyond any completion schedule, construction schedule or Project milestones established in or pursuant to the Project Schedule, or beyond the time indicated in the Project Schedule for any individual
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Contract activity.
CONTRACTOR expressly understands, acknowledges and agrees that such liquidated damages can and shall be imposed if the CONTRACTOR does not meet each and every aspect of any activity schedule, completion schedule, construction schedule or Project milestones established in or pursuant to the Project Schedule. If the CITY accepts work or makes any payment under this Agreement after a default by reason of delays, the acceptance of such work and/or payment(s) shall in no respect constitute a waiver or modification of any provisions regarding Contract Time, a completion schedule, the Project Schedule or the accrual of liquidated damages. In the event the same is not paid, the CONTRACTOR further agrees that the CITY may deduct the amount thereof from any money due or that may become due the CONTRACTOR under the Agreement. This Article does not exclude recovery of damages under provisions of the Contract Documents, and is expressly in addition to the CITY’s ability to seek other damages.
CONTRACTOR is to refer to Section General Conditions 14.1.1.3 Project Construction Schedule for duration of individual activities. Liquidated damages may be assessed if any individual activity duration exceeds the time indicated for that activity on the Project Construction Schedule.
XIX. COMPONENT PARTS OF THE CONTRACT
This Agreement entered into consists of the following CONTRACT DOCUMENTS, all of which are component parts of the Agreement as if herein set out in full or attached hereto:
Notice Inviting Bids Proposed Subcontractors
Scope of Summary Bid Bond
Information for Bidders Information Required of Bidder
Bid Form Contract
Non-Collusion Affidavit Certificate Re. Worker’s Compensation Site Visit Certification Drug-free Workplace Certification Faithful Performance Bond Plans and Specifications
Labor and Materials Payment Bond Addenda
General Conditions Drawings
Supplementary General Conditions Change Orders
Special Conditions Shop Drawings Transmittals
Project Construction Schedule Contractor’s Certificate Regarding NonAsbestos Containing Materials All of the above named CONTRACT DOCUMENTS are intended to be complementary.
Work required by one of the above named CONTRACT DOCUMENTS and not by others shall be done as if required by all.
XX. ENTIRE CONTRACT
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City of El Centro CLARIFIERS REHABILITATION PROJECT
CD 14
This Agreement constitutes the entire contract of the parties. No other agreements or contracts, whether oral or written, pertaining to the work to be performed, exist between the parties. This Agreement can be modified only by an amendment in writing, signed by both parties.
CONTRACTOR CITY
[Name of Contractor] City of El Centro
By: ____________________________ By: ____________________________
Title: __________________________ Title: __________________________ Date: __________________________ Date: __________________________ ATTACHMENTS:
Non-collusion Affidavit
Faithful Performance Bond
Labor and Materials Bond
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City of El Centro CLARIFIERS REHABILITATION PROJECT
CD 15
PERFORMANCE BOND
Whereas, The City Council of the City of El Centro, State of California, and _________________________________ (hereinafter designated as “principal”) have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated __________, 20__, and identified as project _______________________________________________, is hereby referred to and made a part hereof; and
Whereas, Said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement.
Now, therefore, we, the principal and _____________________________________, as surety, are held and firmly bound unto the City of El Centro (hereinafter designated as “El Centro”) in the penal sum of ____________________ dollars ($__________) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above-bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless El Centro, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by El Centro in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications
In Witness Whereof, this instrument has been duly executed by the principal and surety above named, on ______________________, 20__.
(SEAL) (SEAL)
(CONTRACTOR) (Surety)
By: By:
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City of El Centro CLARIFIERS REHABILITATION PROJECT
CD 16
(Signature) (Signature)
- END OF PERFORMANCE BOND –
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City of El Centro CLARIFIERS REHABILITATION PROJECT
CD 17
PAYMENT BOND
Whereas, The City Council of the City of El Centro, State of California, and _________________________ (hereinafter designated as “the principal”) have entered into an Agreement whereby the principal agrees to install and complete certain designated public improvements, which Agreement, dated _____, 20 ___, and identified as project _________________________________________________, is hereby referred to and made a part hereof; and
Whereas, Under the terms of the Agreement, the principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of El Centro to secure the claims to which reference is made in Title 15 (commencing with section 3082) of Part 4 of Division 3 of the Civil Code of the State of California.
Now, therefore, the principal and the undersigned as corporate surety, are held firmly bound unto the City of El Centro and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the Agreement and referred to in Title 15 (commencing with section 3082) of Part 4 of Division 3 of the Civil Code in the sum of ________________________________________________________ dollars ($__________), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City of El Centro in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 (commencing with section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition.
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City of El Centro CLARIFIERS REHABILITATION PROJECT
CD 18
In Witness Whereof, this instrument has been duly executed by the principal and surety above named, on _____, 20___.
(SEAL) (SEAL)
(CONTRACTOR) (Surety)
By: By:
(Signature) (Signature)
- END OF PAYMENT BOND -
- END OF CONTRACT DOCUMENTS -
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City of El Centro SECONDARY CLARIFIERS REHABILITATION PROJECT GC 1
GENERAL CONDITIONS
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City of El Centro SECONDARY CLARIFIERS REHABILITATION PROJECT GC 2
GENERAL CONDITIONS
ARTICLE 1 -- DEFINITIONS
Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof.
Where an entire word is capitalized in the definitions and is found un-capitalized in the Contract Documents it has the ordinary dictionary definition.
Addenda - Written or graphic instruments issued prior to the opening of Bids which make additions, deletions or revisions to the Contract Documents.
Agent - CONSTRUCTION MANAGER is the Agent of OWNER.
Agreement - The written contract between OWNER and CONTRACTOR covering the WORK to be performed; other documents are attached to the Agreement and made a part thereof as provided therein.
Allowance - A Bid item that adds a specified quantity of WORK to the Agreement work scope which OWNER may unilaterally direct CONTRACTOR to perform, or elect not to have performed.
Application for Payment - The form furnished by CONSTRUCTION MANAGER which is to be used by CONTRACTOR to request progress or Final Payment and which is to be accompanied by such supporting documentation as is required by the Contract Documents.
Asbestos - Any material that contains more than one (1) percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration (“OSHA”).
Beneficial Occupancy - Use by OWNER of the WORK prior to final acceptance.
Bidder - Any individual, firm, partnership, corporation or combination thereof, submitting a Bid for the WORK, acting directly or through a duly authorized representative.
Bid - The offer or proposal of the Bidder submitted on the prescribed form setting forth the price or prices for the WORK.
Bidding Documents - The advertisement or Invitation to Bid, Instructions to Bidders, the Bid form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids).
Bonds - Bid, Performance and Payment Bonds and other instruments, which protect against loss due to inability or refusal of CONTRACTOR to perform its contract.
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Change Order - A document recommended by CONSTRUCTION MANAGER, which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion or revision in the WORK, or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement.
CITY - OWNER (See OWNER’s definition in this section).
City of El Centro - OWNER (See OWNER’s definition in this section).
Claim - A dispute becomes a Claim only after CONTRACTOR receives and refuses to accept CONSTRUCTION MANAGER’s initial determination, and is certified as required by Article
16.3. Codes - The terms Government Code, Labor Code, etc. refer to codes of the State of California.
CONSTRUCTION MANAGER - The individual, partnership, corporation, joint venture or other legal entity named as such by written notice from OWNER. If there is not such a separate entity, CONSTRUCTION MANAGER shall mean the Engineer
Construction Manager Order - A written order issued by CONSTRUCTION MANAGER which clarifies or interprets the Procurement Documents or orders minor changes or alterations in the scope of WORK to be furnished but which does not involve a change in the Contract Price or the Contract Time.
Contract Documents - The Notice Inviting Bids, Instructions to Bidders, Bid forms (including the Bid, Bid schedule(s), information required of Bidder, Bid bond, and all required certificates and affidavits), Agreement, Performance Bond, Payment Bond, General Conditions, Supplementary General Conditions, SPECIAL PROVISIONS, Drawings and all Addenda, and Change Orders executed pursuant to the provisions of the Contract Documents.
Contract Milestone - A principal event specified in the Contract Documents relating to an intermediate completion date of a portion of the WORK, or a period of time within which the portion of the WORK should be performed prior to Substantial Completion of all the WORK.
Contract Price - The total monies payable by OWNER to CONTRACTOR under the terms and conditions of the Contract Documents.
Contract Time - The number of successive calendar Days stated in the Contract Documents for the completion of the WORK.
CONTRACTOR - The individual, partnership, corporation, joint venture or other legal entity with whom OWNER has executed the Agreement.
Day - A calendar day of twenty-four (24) hours measured from midnight to the next midnight unless otherwise specifically provided.
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City of El Centro SECONDARY CLARIFIERS REHABILITATION PROJECT GC 4
Defective Work - Work that is unsatisfactory, faulty or deficient; or that does not conform to the Contract Documents; or that does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents; or work that has been damaged by anyone other than OWNER prior to CONSTRUCTION MANAGER’s recommendation of final payment.
Demobilization - The complete dismantling and removal by CONTRACTOR of all of CONTRACTOR’s temporary facilities, equipment and personnel at the site.
DESIGN CONSULTANT - The individual, partnership, corporation, joint venture or other legal entity named as such in the Contract Documents or succeeding entity; if there is no consultant, then the OWNER
Disputed Work - A dispute exists from the time CONTRACTOR disagrees with a decision or determination made by CONSTRUCTION MANAGER until CONSTRUCTION MANAGER renders an initial determination. If the issue is unresolved it becomes a Claim.
Drawings - The drawings, plans, maps, profiles, diagrams and other graphic representations which indicate the character, location, nature, extent and scope of the WORK and which have been prepared by DESIGN CONSULTANT and are referred to in the Contract Documents. Shop Drawings are not Drawings as so defined.
Effective Date of the Agreement - The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver.
Engineer - Wherever the word Engineer is found in these Contract Documents or in any referenced document, it shall mean the City Engineer of the City, acting directly or through properly Authorized agents, such agents acting within the scope of the particular duties entrusted to them.
Field Order - A written order issued by OWNER which changes the Agreement WORK scope and involves a change in the Contract Price or Contract Time or the intent of the Agreement.
Final Payment - is defined as the last progress payment made to CONTRACTOR for earned funds, less retainage as applicable, less deductions listed in Article 14. CONTRACTOR is entitled to this payment when the Notice of Completion is issued.
General Conditions - Section General Conditions of the Contract Specification.
Hazardous Waste - The term Hazardous Waste shall have the meaning provided in Section 104 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time or, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a class
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I, class II or class III disposal site in accordance with provisions of existing law, whichever is more restrictive.
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City of El Centro SECONDARY CLARIFIERS REHABILITATION PROJECT GC 6
Holidays - Legal Holidays observed by OWNER occur on:
New Year’s Day - January 1
Martin Luther King’s Birthday - Third (3rd) Monday in January President’s Day - Third (3rd) Monday in February
Good Friday – The afternoon of the Friday before Easter Memorial Day - Last Monday in May
June 19th
Independence Day - July 4
Labor Day - First (1st) Monday in September
Veteran’s Day - November 11
Thanksgiving Day - Fourth (4th) Thursday in November
The Day after Thanksgiving – The Friday after the fourth (4th) Thursday in November Christmas Eve – The afternoon of December 24
Christmas Day - December 25
New Year’s Eve – The afternoon of December 31
If any Holiday listed above falls on a Saturday, Saturday and the preceding Friday are both legal Holidays. If the Holiday should fall on a Sunday, Sunday and the following Monday are both legal Holidays.
Interfacing Work - Work which connects to, abuts or meets with work of another contractor.
Laws and Regulations - Any and all applicable laws, rules, regulations, ordinances, codes and/or orders of any and all governmental bodies, agencies, authorities and courts having jurisdiction.
Lump Sum Work - Work to be paid on the basis of lump sum prices.
Mechanic’s Lien - A form of security, an interest in real property, which is held to secure the payment of an obligation. When referred to in these Contract Documents, Mechanic’s Lien or lien means Stop Notice.
Milestone - See Contract Milestone.
Mobilization - The establishment by CONTRACTOR of the temporary facilities, equipment and personnel at the site thereby enabling the WORK to commence.
Notice of Award - The written notice by OWNER to the apparent low Bidder stating that upon compliance by the apparent low Bidder with the conditions precedent enumerated therein within the time specified, OWNER will enter into an Agreement.
Notice of Completion - A form signed by DESIGN CONSULTANT, CONSTRUCTION MANAGER and CONTRACTOR recommending to OWNER that the WORK is complete and fixing the date of completion. After acceptance of the WORK by OWNER’s governing body, the
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City of El Centro SECONDARY CLARIFIERS REHABILITATION PROJECT GC 7
form is signed by OWNER and filed with the County Recorder. This filing starts the thirty (30) Day lien filing period on the WORK.
Notice to Proceed - The written notice issued by OWNER to CONTRACTOR authorizing CONTRACTOR to proceed with the WORK and establishing the date of commencement of the Contract Time.
OWNER’s Agent - CONSTRUCTION MANAGER is OWNER’s Agent.
OWNER - The City of El Centro, acting through its legally designated officials, officers or employees.
Partial Utilization - Use by OWNER of a substantially completed part of the WORK for the purpose for which it is intended prior to Substantial Completion of all the WORK. (See Beneficial Occupancy)
PCBs - Polychlorinated biphenyls.
Petroleum - Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (sixty (60) degrees Fahrenheit and fourteen and seventenths (14.7) pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene and oil mixed with other non-Hazardous Wastes and crude oils.
Project - The total construction of which the WORK to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents.
Public Works Department (or Department of Public Works: The City’s Public Works Department Radioactive Material - Source, special nuclear or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Sections 2011 et seq.) as amended from time to time.
Request for Information - The standardized form furnished by OWNER for CONTRACTOR’s use when making written requests for information to CONSTRUCTION MANAGER, and upon which the response will be answered and returned.
Request for Proposal - The standardized form used by CONSTRUCTION MANAGER to request a proposal from CONTRACTOR for proposed changes in the WORK.
Samples - Physical examples of materials, equipment or workmanship that are representative of some portion of the WORK and which establish the standards by which such portion of the WORK will be judged.
Safety - Safety includes health and security.
Shop Drawings - All drawings, diagrams, illustrations, schedules and other data which are specifically prepared by or for CONTRACTOR and submitted by CONTRACTOR to illustrate
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City of El Centro SECONDARY CLARIFIERS REHABILITATION PROJECT GC 8
some portion of WORK and all illustrations, brochures, standard schedules, performance charts, instructions and diagrams to illustrate material or equipment for some portion of the WORK.
Specifications – The directions, provisions and requirements contained in the Bidding Documents, contract forms, conditions of the Agreement and the SPECIAL PROVISIONS, as listed in the Table of Contents.
Stop Notice - A legal remedy for Subcontractors and Suppliers who contribute to public works, but who are not paid for their work, which secures payment from construction funds possessed by OWNER. For public property, the Stop Notice remedy is designed to substitute for Mechanic’s Lien rights.
Submittals - The information which is specified for submission to CONSTRUCTION MANAGER in accordance with Article 6.20 of the General Conditions.
Sub-Consultant - The individual, partnership, corporation, joint venture or other legal entity having a direct contract with DESIGN CONSULTANT, CONSTRUCTION MANAGER or with any of their consultants to furnish services with respect to the Project and who is identified as such in the Supplementary General Conditions.
Subcontractor - An individual, partnership, corporation, joint venture or other legal entity having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the WORK at the site.
Substantial Completion - Refers to when the WORK has progressed to the point where, in the opinion of CONSTRUCTION MANAGER as evidenced by Notice of Completion as applicable, it is sufficiently complete, in accordance with the Contract Documents, so that the WORK can be utilized for the purposes for which it is intended, and after the operation demonstration is complete, where applicable.
SPECIAL PROVISIONS – That section of the Contract Documents consisting of written technical descriptions of products and execution of the WORK.
Supplementary General Conditions - The part of the Contract Documents which make additions, deletions or revisions to these General Conditions.
Supplier - A manufacturer, fabricator, supplier, distributor, material worker or vendor.
Underground Utilities - All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasement containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems or water.
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City of El Centro SECONDARY CLARIFIERS REHABILITATION PROJECT GC 9
Unit Price Work - Specific WORK scope included in the Agreement WORK scope to be paid for on the basis of unit prices. OWNER may unilaterally direct CONTRACTOR to perform the WORK, or elect not to have the WORK performed.
WORK - The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. WORK is the result of performing or furnishing labor and furnishing and incorporating materials and equipment into the construction, and performing or furnishing services and furnishing documents, all as required by the Contract Documents.
Work Change Directive - A written directive to CONTRACTOR, issued on or after the Effective Date of the Agreement and recommended by CONSTRUCTION MANAGER, and signed by OWNER ordering an addition, deletion or revision in the WORK, or responding to differing or unforeseen physical conditions under which the WORK is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Time, but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Time.
ARTICLE 2 -- PRELIMINARY MATTERS
2.1 DELIVERY OF BONDS/INSURANCE CERTIFICATES - When CONTRACTOR delivers the signed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds and Insurance Policies and Certificates as CONTRACTOR may be required to furnish in accordance with the Contract Documents.
2.2 COPIES OF DOCUMENTS - OWNER shall furnish to CONTRACTOR ten (10) copies of the Contract Documents as specified in the Agreement and ten (10) sets of full-scale Drawings.
Additional quantities of the Contract Documents will be furnished at reproduction cost.
2.3 COMMENCEMENT OF CONTRACT TIME; NOTICE TO PROCEED - The Contract Time will start to run on the commencement date stated in the Notice to Proceed.
2.4 STARTING THE WORK - CONTRACTOR shall begin to perform the WORK within ten (10) Days after the commencement date stated in the Notice to Proceed, but no work shall be done at the site prior to said commencement date. In addition, any requirements in the Supplemental General Conditions must be satisfied.
2.5 CONTRACTOR MUST STUDY CONTRACT DOCUMENTS - Before undertaking each part of the WORK, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements.
CONTRACTOR shall promptly report in writing to CONSTRUCTION MANAGER any conflict, error or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from CONSTRUCTION MANAGER before proceeding with any work affected thereby.
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2.6 PRELIMINARY SUBMITTALS - Preliminary submittals shall be provided to CONSTRUCTION MANAGER in accordance with Division 1 requirements.
2.7 PRECONSTRUCTION CONFERENCE - CONTRACTOR is required to attend a preconstruction conference. This conference will be attended by CONSTRUCTION MANAGER and others as appropriate in order to discuss the WORK in accordance with the applicable procedures specified in the General Requirements.
CONTRACTOR is required to schedule and attend a preconstruction conference with the Imperial Irrigation District (“IID”) prior to the construction or demolition of any electrical improvements.
2.8 SUBCONTRACTOR MOBILIZATION MEETING - Prior to the start of each major Subcontractor’s site work, CONTRACTOR, the involved Subcontractor and CONSTRUCTION MANAGER shall attend a pre-start meeting to discuss the schedule, coordination, procedures and other administrative issues.
2.9 CONTRACTOR DUTY TO ADVISE OWNER OF KNOWN OR DISCOVERED PROBLEMS - CONTRACTOR is reminded of his obligation to advise OWNER of any errors and/or omissions in the Contract Documents, or changes to thereof, which CONTRACTOR may be aware through special knowledge or discovered during the Bid process.
ARTICLE 3 -- CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE
3.1 INTENT - The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the WORK. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the place of the WORK.
3.2 INTENT OF WORK TO BE FUNCTIONALLY COMPLETE
3.2.1 Work to be Complete - It is the intent of the Contract Documents to describe the WORK to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result shall be supplied whether or not specifically called for or identified in the Contract Documents. When words or phrases which have a wellknown technical or construction industry or trade meaning are used to describe work, materials or equipment, such words or phrases shall be interpreted in accordance with that meaning unless a definition has been provided in Article 1 of the General Conditions.
3.2.2 Necessary Utilities - If utilities to equipment/fixtures are not shown but are necessary to operate the equipment/fixtures, the utilities service installation is considered to be part of the WORK. The implied WORK will conform to the appropriate sections of the technical Specifications.
3.3 CLARIFICATIONS AND INTERPRETATIONS OF THE CONTRACT DOCUMENTS
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3.3.1 Referenced Standards - Reference to standard specifications, manuals or Codes of any technical society, organization or association or to the laws or regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code or laws or regulations in effect at the time of opening of Bids, except as may be otherwise specifically stated. However, no provision of any referenced standard specification, manual or code shall be effective to change the duties and responsibilities of OWNER, CONTRACTOR or CONSTRUCTION MANAGER or any of their consultants, agents or employees from those set forth in the Contract Documents.
3.3.2 Discovery of Problem Notice - If, during the performance of the WORK, CONTRACTOR discovers any conflict, error, ambiguity or discrepancy with the WORK within the Contract Documents or between the Contract Documents and any provision of any such Laws and Regulations applicable to the performance of the WORK or of any such standard, specification, manual or code or of any instruction of any Supplier, CONTRACTOR shall report it to CONSTRUCTION MANAGER in writing within seven (7) calendar Days of discovery.
CONTRACTOR shall not proceed with the WORK affected thereby, except in an emergency, unless directed by CONSTRUCTION MANAGER. Any WORK performed by CONTRACTOR that is not directed by CONSTRUCTION MANAGER shall be at its own risk.
3.3.3 Order of Precedence of Contract Documents - In resolving conflicts resulting from errors or discrepancies in any of the Contract Documents, the order of precedence shall be as follows:
3.3.3.1 Permits from other agencies as may be required by law.
3.3.3.2 Change Orders
3.3.3.3 Agreement
3.3.3.4 Addenda
3.3.3.5 CONTRACTOR’s Bid (Bid Form)
3.3.3.6 Notice Inviting Bids
3.3.3.7 Instructions to Bidders
3.3.3.8 Supplementary General Conditions
3.3.3.9 General Conditions
3.3.3.10 SPECIAL PROVISIONS
3.3.3.11 Drawings
3.3.3.12 Referenced Standard Specifications- The work embraced herein shall be done in accordance with the appropriate provisions of the following:
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-Standard Specifications for Public works Construction (GREENBOOK), latest edition
-American Public Works association (APWA) Standard Plans for Public Works Construction, latest edition
-National Electrical code (NEC), latest edition.
The above-mentioned “Standard Specifications” are hereinafter referred to as the standard Specifications.
Whenever in the standard Specifications the following terms are used, they shall be understood to mean to refer the following:
Department of Public Works or Division of Highways- City of El Centro, California Director of Public Works- The Director of Public Works of the City of El Centro, California.
Engineer- the City Engineer, acting directly or through properly Authorized agents, such agents acting within the scope of the particular duties entrusted to them.
3.3.4 Order of Precedence of the Drawings - With reference to the Drawings the order of precedence is as follows:
3.3.4.1 Figures govern over scaled dimensions
3.3.4.2 Detail drawings govern over general drawings
3.3.4.3 Addenda/Change Order drawings govern over Contract Drawings
3.3.4.4 Contract Drawings govern over standard drawings
3.4 AMENDING AND SUPPLEMENTING CONTRACT DOCUMENTS
3.4.1 Amending Contract Documents - The Contract Documents may be amended to provide for additions, deletions and revisions in the WORK or to modify the terms and conditions thereof by a Change Order pursuant to Article 10.
3.4.2 Supplementing Contract Documents - The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the WORK may be authorized, by:
3.4.2.1 - A Construction Manager Order issued by CONSTRUCTION MANAGER.
3.5 REUSE OF DOCUMENTS - Neither CONTRACTOR, nor any Subcontractor or Supplier, nor any other person or organization performing any of the WORK under a contract with OWNER shall have or acquire any title to or ownership rights in any of the Drawings, technical Specifications or other documents used on the WORK, and they shall not reuse any of them on the extensions of the Project or any other project without written consent of OWNER.
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ARTICLE 4 -- AVAILABILITY OF LANDS; PHYSICAL CONDITIONS; REFERENCE POINTS
4.1 AVAILABILITY OF LANDS - OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the WORK is to be performed, rights-of-way and easements for access thereto, and such other lands which are designated for the use of CONTRACTOR.
Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise provided in the Contract Documents. Nothing contained in the Contract Documents shall be interpreted as giving CONTRACTOR exclusive occupancy of the lands or rights-of-way provided. CONTRACTOR shall provide, at no additional cost, for all additional lands and access thereto that may be required for temporary construction facilities, borrow areas, waste disposal areas or storage of materials and equipment; provided that CONTRACTOR shall not enter upon nor use any property not under the control of OWNER until a written temporary construction easement agreement has been executed by CONTRACTOR and the property owner, and a copy of said easement furnished to CONSTRUCTION MANAGER prior to said use; and, neither OWNER nor CONSTRUCTION MANAGER shall be liable for any claims or damages resulting from CONTRACTOR’s unauthorized trespass or authorized use of any such properties.
4.2 PHYSICAL SITE CONDITIONS
4.2.1 Reports and Drawings - Reference is made to the Supplementary General Conditions for identification of:
4.2.1.1 Subsurface Condition Reports - Those reports of explorations and tests of subsurface conditions at or contiguous to the site that have been utilized by DESIGN CONSULTANT in preparing the Contract Documents; and
4.2.1.2 Drawings of Existing Structures - Reference is made to the Supplementary General Conditions for identification of those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Utilities referred to in section 4.4 of Article 4 herein) which are at or contiguous to the site that have been utilized in the preparation of the Contract Documents.
4.2.2 Limited Reliance By CONTRACTOR On The Technical Data - CONTRACTOR may rely upon the accuracy of the technical data contained in such drawings or reports, however, nontechnical data, interpretations and opinions contained in such drawings or reports are not to be relied on by CONTRACTOR. CONTRACTOR may not rely upon or make any claims against OWNER, DESIGN CONSULTANT or CONSTRUCTION MANAGER with respect to:
4.2.2.1 the completeness of such reports and drawings for CONTRACTOR’s purposes, including, but not limited to, any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and Safety precautions and programs incident thereto, or
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4.2.2.2 other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings, or
4.2.2.3 any CONTRACTOR interpretation of or conclusion drawn from any technical data or any such data, interpretations, opinions or information.
4.3 DIFFERING SITE CONDITIONS - If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either:
4.3.1 is of such a nature as to establish that any technical data on which CONTRACTOR is entitled to rely as provided in paragraphs 4.2.1 is materially inaccurate, or
4.3.2 is of such a nature as to require a change in the Contract Documents, or
4.3.3 differs materially from that shown or indicated in the Contract Documents, or
4.3.4 is of an unusual nature and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents, CONTRACTOR shall immediately report it to CONSTRUCTION MANAGER then CONTRACTOR shall, promptly after becoming aware thereof and before further disturbing conditions thereby or performing any work in connection therewith (except in an emergency as permitted by paragraph 6.23), notify OWNER and CONSTRUCTION MANAGER in writing about such condition. CONTRACTOR shall not further disturb such conditions or perform any work in connection therewith (except as aforesaid) until receipt of written order to do so.
4.3.5 OWNER Responsibility - OWNER shall promptly investigate the conditions, and if it finds that the conditions do materially so differ and cause a decrease or increase in CONTRACTOR’s cost of, or the time required for, performance of any part of the WORK, OWNER shall issue a Change Order under the procedures described in Article 10. If OWNER determines that there is no bona fide work scope change or is a minor change which does not impact time or cost, OWNER shall notify CONTRACTOR of this finding within thirty (30) Days.
4.3.6 Disputed Work – If CONTRACTOR and OWNER are unable to reach agreement on Disputed Work, OWNER may direct CONTRACTOR to proceed with the WORK. Payment shall be as later directed, by mediation or arbitration, if OWNER and CONTRACTOR agree thereto, or as fixed in a court of law.
Although not to be construed as proceeding under extra work provisions, CONTRACTOR shall keep and furnish records of Disputed Work in accordance with 11.3.
4.3.7 Disallowance of Entitlement - CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Contract Time or will be deemed to have waived his right to such a claim if:
4.3.7.1 CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Contract Price and Contract Time by the submission of a Bid or becoming bound under the Agreement; or
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4.3.7.2 the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation of the site and contiguous areas suggested or required by the Bidding Documents: or
4.3.7.3 CONTRACTOR failed to give the written notice within the time and as required by Article
3.3.2. 4.4 UNDERGROUND UTILITIES
4.4.1 Utilities Indicated - The information and data indicated in the Contract Documents with respect to existing Underground Utilities at or contiguous to the site are based on information and data furnished to OWNER or CONSTRUCTION MANAGER by the owners of such Underground Utilities or by others. Unless it is expressly provided in the Supplementary General Conditions and/or the General Conditions, OWNER and CONSTRUCTION MANAGER shall not be responsible for the accuracy or completeness of any such information or data, and CONTRACTOR shall have full responsibility for reviewing and checking all such information and data, for locating all Underground Utilities indicated in the Contract Documents, for coordination of the WORK with the owners of such Underground Utilities during construction, for the Safety and protection thereof and repairing any damage thereto resulting from the WORK, the cost of which will be considered as having been included in the Contract Price.
4.4.2 Utilities Not Indicated - If Underground Utilities are uncovered or revealed at or contiguous to the site which was not indicated in the Contract Documents and which CONTRACTOR could not reasonably have been expected to be aware of, CONTRACTOR shall identify the owner of such Underground Utilities and give written notice thereof to that owner and shall notify CONSTRUCTION MANAGER in accordance with the requirements of the General Conditions and General Requirements.
4.4.3 Action Prior To Starting Work - As provided in section 4216 of the California Government Code, at least two (2) working Days prior to commencing any excavation, CONTRACTOR shall contact the regional notification center (Underground Service Alert of Southern California) and obtain an inquiry identification number.
4.4.4 Locate Utilities - CONTRACTOR shall determine the location and depth of all utilities, including service connections, which have been marked by the respective owners and which may affect or be affected by its operations. Full compensation for such work shall be considered as included in CONTRACTOR’s Bid price.
4.4.5 Protection Of Utilities - CONTRACTOR shall not interrupt the service function or disturb the support of any utility, without authority from OWNER or order from the utility owner. All valves, switches, vaults and meters shall be maintained readily accessible for emergency shutoff.
Where protection is required to ensure support of utilities located as shown on the Plans, CONTRACTOR shall, unless otherwise provided, furnish and place the necessary protection at its expense.
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4.4.6 Notification Requirements If Utility Disturbed - CONTRACTOR shall immediately notify CONSTRUCTION MANAGER and utility owner if any utility is disturbed or damaged.
CONTRACTOR shall bear the costs of repair or replacement of any utility damaged by CONTRACTOR.
4.4.7 Removal Of Abandoned Utilities - Unless otherwise specified, CONTRACTOR shall remove all interfering portions of utilities shown on the Plans or indicated in the Bidding Documents as abandoned. Before starting removal operations, CONTRACTOR shall ascertain from the Utility Owner whether the abandonment is complete. The costs involved in the removal and disposal shall be included in the price for the item of work necessitating such removals.
4.4.8 Relocation Of Utilities
4.4.8.1 When the Plans or Specifications provide for CONTRACTOR to alter, relocate or reconstruct a utility, all costs for such work shall be included in the Bid.
4.4.8.2 Temporary or permanent relocation or alteration of indicated utilities requested by CONTRACTOR for its convenience shall be its responsibility, and CONTRACTOR shall make all arrangements and bear all costs.
4.4.8.3 After award of the Agreement, portions of utilities not indicated in the Contract Documents which are found to interfere with the WORK may be relocated, altered or reconstructed by the utility owner, or CONSTRUCTION MANAGER may order changes in the WORK to avoid interference. Such changes will be paid for in accordance with Article 10.
4.4.9 Delays
4.4.9.1 CONTRACTOR shall immediately notify in writing the utility owner and CONSTRUCTION MANAGER of its construction schedule and any subsequent changes in the construction schedule which will affect the time available for protection, removal or relocation of utilities.
4.4.9.2 CONTRACTOR will not be entitled to damages or additional payment for delays attributable to utility relocations or alterations if correctly located, as noted in the Contract Documents.
4.4.9.3 CONTRACTOR may be given a no cost extension of time for unforeseen delays attributable to unreasonably protracted interferences by others in the relocation of utilities.
4.4.10 Access to the WORK - When necessary, CONTRACTOR shall so conduct its operations as to permit access to the WORK site and provide time for utility work to be accomplished during normal work hours during the progress of the WORK.
4.5 REFERENCE POINTS
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4.5.1 Bench Mark - The CONSTRUCTION MANAGER will provide one (1) benchmark, near or on the site of the WORK, and will provide two (2) points near or on the site to establish a base line for use by CONTRACTOR for alignment control. Unless otherwise specified in the General Requirements, CONTRACTOR shall furnish all other lines, grades and benchmarks required for proper execution of the WORK.
4.5.2 Protection of Bench Marks - CONTRACTOR shall preserve all bench marks, stakes and other survey marks, and in case of their removal or destruction by any party, CONTRACTOR shall be responsible for the accurate replacement of such reference points by personnel qualified under Division 3, Chapter 15 of the California Business and Professions Code. CONTRACTOR shall report to CONSTRUCTION MANAGER whenever a reference point is lost, destroyed or requires relocation.
4.6 ASBESTOS, PCBS, PETROLEUM, HAZARDOUS WASTE OR RADIOACTIVE
MATERIAL
4.6.1 OWNER Responsibility - OWNER shall be responsible for any hazardous material which includes hazardous substances and hazardous waste as defined by sections 25316 and 25117 of the Health and Safety Code, uncovered or revealed at the site which was not identified in the Contract Documents to be within the scope of the WORK. OWNER shall not be responsible for any such materials brought to the site by CONTRACTOR, Subcontractors, Suppliers or anyone else for whom CONTRACTOR is responsible.
4.6.2 CONTRACTOR’s Responsibility - When such hazardous material is encountered, CONTRACTOR shall immediately stop all work in connection with such hazardous condition in any area affected thereby (except in an emergency as required by Article 6) and notify OWNER and CONSTRUCTION MANAGER in writing. OWNER shall promptly evaluate such hazardous condition and take corrective action. CONTRACTOR shall not be required to resume work in any such affected area until after OWNER has delivered to CONTRACTOR written notice specifying that such condition and any affected area has been rendered safe for the reassumption of work, or specifying any special conditions under which such work may be resumed safely.
4.6.3 Dispute - If, after receipt of such special written notice, CONTRACTOR does not agree to resume work based on a reasonable belief it is unsafe, or does not agree to resume work under such special conditions, then OWNER may order such portion of the work that is in connection with such hazardous condition or in such affected area to be deleted from the WORK. OWNER may have such deleted portion of the work performed by OWNER’s own forces or others in accordance with Article 7. If OWNER and CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Time as a result of work stoppage or of deleting such portion of the WORK, then either party may make a Claim as provided in Article 16.
4.6.4 OWNER Hold Harmless - To the fullest extent permitted by Laws and Regulations, OWNER shall indemnify and hold harmless CONTRACTOR, Subcontractors, CONSTRUCTION MANAGER, DESIGN CONSULTANT and the officers, directors, employees, agents, other consultants and Subcontractors of each and any of them from and against all claims, costs, losses
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and damages arising out of or resulting from such hazardous condition, provided that any such claim, cost, loss or damage is attributable to bodily injury, sickness, disease or death or to the destruction of tangible property and provided further that any such claim, cost loss or damage is not caused by the consequences of that person’s or entity’s own negligence.
ARTICLE 5 -- BONDS AND INSURANCE
5.1 PERFORMANCE, PAYMENT AND OTHER BONDS
5.1.1 Bond Requirement - CONTRACTOR shall furnish Performance and Payment Bonds, each in the amount set forth in the Supplementary General Conditions as security for the faithful performance and payment of all CONTRACTOR’s obligations under the Contract Documents.
These Bonds shall remain in effect at least until one (1) year after the filing date of Notice of Completion, except as otherwise provided by law or regulation or by the Contract Documents.
CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary General Conditions.
5.1.2 Licensed Surety - All Bonds shall be in the form prescribed by the Contract Documents and by such sureties which are admitted insurers in the State of California and are subject to regulation by the Department of Insurance, and which also satisfy the requirements stated in section 995.660 of the Code of Civil Procedure, except as provided otherwise by Laws or Regulations. All Bonds signed by an agent must be accompanied by a certified copy of such agent’s authority to act. Surety companies must be duly licensed or authorized in the jurisdiction in which the Project is located to issue Bonds for the limits so required. Such surety companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary General Conditions.
5.1.3 Bankrupt or Insolvent Surety - If the surety on any Bond furnished by CONTRACTOR is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the WORK is located, CONTRACTOR shall within seven (7) Days thereafter substitute another Bond and Surety, which must be acceptable to OWNER per paragraph 5.1.1 and
5.1.2 above.
5.2 INSURANCE
5.2.1 Insurance Policy Requirements - CONTRACTOR shall purchase and maintain the insurance required under the Construction Services Agreement and other provisions of the Contract Documents.
5.2.7 Subcontractor’s Insurance - CONTRACTOR shall either require each of its Subcontractors to procure and to maintain public liability and property damage insurance and vehicle liability insurance of the type and in the amounts specified for CONTRACTOR in the Supplementary General Conditions or insure the activities of its Subcontractors in CONTRACTOR’s own policy, in like amount.
5.2.9 Restriction on Start of Site Work - CONTRACTOR shall not perform any WORK unless CONTRACTOR has in full force and effect all required insurance. CONTRACTOR shall not
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allow any Subcontractor, Supplier or other organization to perform WORK unless the Workers’ Compensation requirements have been met.
5.2.10 Increasing Insurance Limits - OWNER may direct CONTRACTOR to increase insurance limits. CONTRACTOR will be entitled to a Contract Price adjustment based on the substantiated premium costs.
ARTICLE 6 -- CONTRACTOR’S RESPONSIBILITIES
6.1. Responsibility Of CONTRACTOR To Perform - Unless otherwise specified in the Contract Documents, CONTRACTOR shall furnish and assume full responsibility for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities and all other facilities and incidentals necessary for the furnishing, performance, testing, start-up and completion of the WORK. Such support that may need to be provided after normal working hours will be provided by CONTRACTOR at its expense.
6.2 Labor, Materials and Equipment All materials and equipment to be incorporated into the WORK shall be of good quality and new, except as otherwise provided in the Contract Documents.
All warranties and guarantees specifically called for by the Specifications shall expressly run to the benefit of OWNER. If required by CONSTRUCTION MANAGER, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable Supplier except as otherwise provided in the Contract Documents; but no provisions of any such instructions will be effective to assign to CONSTRUCTION MANAGER, any duty or authority to supervise or direct the furnishing or performance of the WORK.
6.2.1 The completed work shall include all necessary permanent Safety devices, such as machinery guards, emergency stops and similar Safety items required by OSHA, Cal-OSHA and other Federal, State and local health and Safety regulations. In addition, all equipment, products, components and/or package systems shall be designed, fabricated and installed in compliance with Seismic Zone 4 structural criteria. Further, any features of the work (including OWNER-selected equipment) subject to such Safety regulations and structural criteria shall be fabricated, furnished and installed in compliance with Seismic Zone 4 structural criteria. CONTRACTOR shall include provisions of this Article in his agreements with Subcontractors, Suppliers and manufacturers of equipment and/or products.
In selecting and/or accepting equipment and/or products for installation in the WORK, OWNER, DESIGN CONSULTANT and CONSTRUCTION MANAGER assume no responsibility for the injury, property damage or any other damages or claims resulting from failure of the equipment, products, components and/or package systems to comply with applicable Safety Codes or requirements, or the Safety requirements of a recognized agency, or failure due to manufacturer’s faulty design concepts, or Defective Work and materials. CONTRACTOR shall defend, indemnify and hold OWNER, DESIGN CONSULTANT and CONSTRUCTION MANAGER harmless against any and all liability, claims, suits, damages, costs or expenses caused or claimed
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to be caused in whole or in part by the negligence or willful misconduct of the construction CONTRACTOR connected with the WORK. However, this indemnity will not extend to any loss, damage or expense caused by the established sole gross negligence or willful misconduct of OWNER or OWNER’s Agents, servants or independent contractors.
6.3 SUPERVISION, SUPERINTENDENCE AND QUALITY - CONTRACTOR shall supervise, inspect and direct the WORK competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the WORK in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction and Safety precautions and programs incidental thereto. CONTRACTOR shall be responsible to see that the completed WORK complies accurately with the Contract Documents. CONTRACTOR is solely responsible for the quality of the WORK.
6.4 SUPERINTENDENT
6.4.1 Written Designation of Superintendent - CONTRACTOR shall designate in writing and keep on the work site at all times during its progress a technically qualified, English-speaking superintendent and an alternate who are employees of CONTRACTOR and who shall not be replaced without written notice to OWNER and CONSTRUCTION MANAGER. The superintendent will be CONTRACTOR’s representative at the site and shall have authority to act on behalf of CONTRACTOR. All communications given to the superintendent shall be as binding as if given to CONTRACTOR. CONTRACTOR shall issue all its communications to OWNER and DESIGN CONSULTANT through CONSTRUCTION MANAGER.
6.4.2 Superintendent’s Presence at Site - CONTRACTOR’s superintendent or alternate shall be present at the site of the WORK at all times while work is in progress, and shall be available by phone for emergencies twenty-four (24) hours per Day, seven (7) Days per week. Failure to observe this requirement shall be considered suspension of the WORK by CONTRACTOR until such time as such the superintendent is again present at the site.
6.4.3 Removal of Superintendent - Upon written notice, OWNER may require replacement and removal from the WORK of CONTRACTOR’s superintendent with cause, in which case CONTRACTOR shall submit a replacement superintendent subject to approval by OWNER, at no increase in Contract Price or Contract Time. Repeated Safety violation on the job site will be sufficient grounds for directing such replacement.
6.5 LABOR - CONTRACTOR shall provide competent, suitably-qualified personnel to survey and lay out the WORK and perform construction as required by the Contract Documents. Any person employed who is found to be incompetent, intemperate, troublesome, disorderly or otherwise objectionable, or who fails or refuses to perform work properly, acceptably and safely, shall be immediately removed from the WORK by CONTRACTOR and not be reemployed on the WORK. CONTRACTOR shall furnish, erect, maintain and remove the construction plant and any temporary works as may be required. CONTRACTOR shall at all times maintain good discipline and order at the site and will not permit the use or consumption of drugs (illegal substances) or alcoholic beverages at the site.
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6.5.1 No Additional Compensation for Overtime - Except as otherwise provided in this Article, CONTRACTOR shall receive no additional compensation for overtime work, (i.e., work in excess of eight (8) hours in any one (1) calendar Day or forty (40) hours in any one (1) calendar week) even though such overtime work may be required under emergency conditions and may be ordered by CONSTRUCTION MANAGER in writing. Additional compensation will be paid CONTRACTOR for overtime work only in the event extra work is ordered by CONSTRUCTION MANAGER, and the Change Order specifically authorizes the use of overtime work and then only to such extent as overtime wages are regularly being paid by CONTRACTOR for overtime work of a similar nature in the same locality.
6.5.2 Approval Required to Work Outside Normal Work Hours - Except in connection with the Safety or protection of persons or the WORK or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all work at the site shall be performed during normal working hours, and CONTRACTOR will not permit overtime work or the performance of work on Saturday, Sunday or any holiday observed by OWNER without OWNER’s written consent. CONTRACTOR shall apply for this consent through CONSTRUCTION MANAGER. CONSTRUCTION MANAGER has to approve CONTRACTOR working Holidays, weekends or overtime. CONTRACTOR will be responsible for reimbursing OWNER for all cost to provide inspection services required to monitor WORK outside of normal working hours. CONTRACTOR will be charged for this actually incurred direct hourly cost plus OWNER-approved overhead cost plus OWNER-approved profit, and a deductive Change Order will be issued to cover this expense.
6.5.3 SUBCONTRACT LIMITATIONS - CONTRACTOR shall perform not less than twenty (20) percent of the WORK with its own forces without subcontracting. This requirement refers to the WORK whose value will not be less than twenty (20) percent of the Contract Price.
6.6 PROGRESS SCHEDULE - CONTRACTOR shall adhere to the progress schedule established in accordance with the General Requirements as it may be adjusted from time to time as provided below:
6.6.1 Non Impacting Adjustments - CONTRACTOR shall submit to CONSTRUCTION MANAGER for acceptance proposed adjustments in the progress schedule that will not change the Contract Time (or Milestones). Such adjustments will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto.
6.6.2 Revisions To Milestones - Proposed revisions in the progress schedule that will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of Article
12. Such adjustments may only be made by a Change Order in accordance with Article 12 of the General Conditions.
6.7 SUBSTITUTES OR “OR-EQUAL” ITEMS - Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type,
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function, appearance and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent or “or-equal” item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to CONSTRUCTION MANAGER for review under the circumstances described below.
6.7.1 “Or-Equal” Items: If in CONSTRUCTION MANAGER’s sole discretion an item of material or equipment proposed by CONTRACTOR is functionally equal to that named and sufficiently similar so that no change in the WORK will be required, it may be considered by CONSTRUCTION MANAGER as an “or-equal” item, in which case review and approval of the proposed item may, in CONSTRUCTION MANAGER’s sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. A proposed item of material or equipment will be considered functionally equal to an item so named if:
a. in the exercise of reasonable judgment CONSTRUCTION MANAGER determines that:
i. it is at least equal in materials of construction, quality, durability, appearance, strength and design characteristics;
ii. it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the WORK as a functioning whole; iii. it has a proven record of performance and availability of responsive service; and
b. CONTRACTOR certifies that, if approved and incorporated into the WORK:
i. there will be no increase in cost to OWNER or increase in Contract Time, and
ii. it will conform substantially to the detailed requirements of the item named in the Contract Documents.
6.7.2 Substitute Items
a. If in CONTRACT MANAGER’s sole discretion an item of material or equipment proposed by CONTRACTOR does not qualify as an “or-equal,” it will be considered a proposed substitute item.
b. CONTRACTOR shall submit sufficient information as provided below to allow CONTRACT MANAGER to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefore. Requests for review of proposed substitute items of material or equipment will not be accepted by CONTRACT MANAGER from anyone other than CONTRACTOR.
c. The procedure requirements for review by CONTRACT MANAGER will be as set forth in Paragraph 6.7.2.d, and as CONTRACT MANAGER may decide is appropriate under the circumstances.
d. CONTRACTOR shall make written application to CONTRACT MANAGER for review of a proposed substitute item of material or equipment that CONTRACTOR seeks to furnish or use. The application:
i. shall certify that the proposed substitute item will:
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1. perform adequately the functions and achieve the results called for by the general design,
2. be similar in substance to that specified, and
3. be suited to the same use as that specified;
ii. will state:
1. the extent, if any, to which the use of the proposed substitute item will prejudice CONTRACTOR’s achievement of Substantial
Completion on time;
2. whether or not use of the proposed substitute item in the WORK will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for other work on the Project) to adapt the design to the proposed substitute item; and
3. whether or not incorporation or use of the proposed substitute item in connection with the WORK is subject to payment of any license fee or royalty;
iii. will identify:
1. all variations of the proposed substitute item from that specified, and
2. available engineering, sales, maintenance, repair and replacement services;
iv. and shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change.
6.7.3 Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence or procedure of construction is expressly required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, technique, sequence or procedure of construction approved by CONTRACT MANAGER. CONTRACTOR shall submit sufficient information to allow CONTRACT MANAGER, in CONTRACT MANAGER’s sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by CONTRACT MANAGER will be similar to those provided in Paragraph 6.7.2.d.
6.7.4 Contract Manager’s Evaluation: CONTRACT MANAGER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs
6.7.2.d and 6.7.3. CONTRACT MANAGER may require CONTRACTOR to furnish additional data about the proposed substitute item. CONTRACT MANAGER will be the sole judge of acceptability. No “or equal” or substitute will be ordered, installed or utilized until CONTRACT MANAGER’s review is complete, which will be evidenced by either a Change Order for a substitute or an approved Shop Drawing for an “or equal.” CONTRACT MANAGER will advise CONTRACTOR in writing of any negative determination.
6.7.5 Special Guarantee: OWNER may require CONTRACTOR to furnish at CONTRACTOR’s expense a special performance guarantee or other surety with respect to any substitute.
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6.7.6 Contract Manager’s Cost Reimbursement: CONTRACT MANAGER will record CONTRACT MANAGER’s costs in evaluating a substitute proposed or submitted by CONTRACTOR pursuant to Paragraphs 6.7.2.d and 6.7.3. Whether or not CONTRACT MANAGER approves a substitute item so proposed or submitted by CONTRACTOR, CONTRACTOR shall reimburse OWNER for the charges of CONTRACT MANAGER for evaluating each such proposed substitute. CONTRACTOR shall also reimburse OWNER for the charges of CONTRACT MANAGER for making changes in the Contract Documents (or in the provisions of any other direct contract with OWNER) resulting from the acceptance of each proposed substitute.
6.7.7 CONTRACTOR’s Expense: CONTRACTOR shall provide all data in support of any proposed substitute or “or-equal” at CONTRACTOR’s expense
6.8 PROJECT SITE COORDINATION
6.8.1 Work By Others - CONTRACTOR shall be responsible for ascertaining the nature and extent of any simultaneous, collateral and essential work by others as described in the General Requirements.
CONTRACTOR shall provide staging areas and include work windows for work by others into the overall construction schedule. No additional working days will be allowed for CONTRACTOR’s failure to coordinate work by others.
6.8.2 Coordination Of Work - OWNER, CONTRACTOR and each of such workers, contractors and others shall cooperate to minimize interference.
6.8.3 Cost Of Coordination - CONTRACTOR shall include in its Bid all costs involved as a result of coordinating its WORK with others. CONTRACTOR will not be entitled to additional compensation from OWNER for damages resulting from such simultaneous, collateral and essential work. CONTRACTOR’s sole and exclusive remedy as a third party beneficiary to other prime contracts for damages caused by another contractor will be a direct action against the separate contractor. If necessary to avoid or minimize such damage or delay, CONTRACTOR shall redeploy its work force to other parts of the WORK.
6.8.4 Obligation to Provide Access - CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility owner (or OWNER, if OWNER is performing the additional work with OWNER’s employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work, and shall properly connect and coordinate work performed by others with their WORK as described in these Contract Documents.
6.8.5 CONTRACTOR shall do all cutting, fitting and patching of the WORK that may be required to make its several parts come together properly and integrate with such other work.
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6.8.6 CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of CONSTRUCTION MANAGER and the others whose work will be affected.
6.9 COORDINATION WITH SUBCONTRACTORS AND SUPPLIERS
6.9.1 CONTRACTOR shall be solely responsible for scheduling and coordinating the WORK of Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the WORK under a direct or indirect contract with CONTRACTOR. CONTRACTOR shall require all Subcontractors, Suppliers and such other persons and organizations performing or furnishing any of the WORK to communicate with CONSTRUCTION MANAGER through CONTRACTOR. All WPRL performed by a Subcontractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents.
6.9.2 Subcontractor has no contractual relationship with OWNER. Nothing contained in this Article shall create any contractual relationship between any Subcontractor and OWNER or CONSTRUCTION MANAGER, nor relieve CONTRACTOR of any liability or obligation under the Agreement. CONTRACTOR shall include these General Conditions and the Supplementary General Conditions as a part of all its subcontract agreements.
6.9.3 DIVISION OF WORK - The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the WORK among Subcontractors or Suppliers or delineating the WORK to be performed by any specific trade.
6.10 PATENT FEES AND ROYALTIES - CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the WORK or the incorporation in the WORK of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product or device is specified in the Contract Documents for use in the performance of the WORK and if to the actual knowledge of OWNER, or DESIGN CONSULTANT, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents.
6.11 PERMITS - Unless otherwise provided in the Supplementary General Conditions, CONTRACTOR shall obtain and pay for all construction permits and licenses from the agencies having jurisdiction, including the furnishing of insurance and Bonds if required by such agencies.
The enforcement of such requirements under this Agreement shall not be made the basis for claims for additional compensation. OWNER shall assist CONTRACTOR, only when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the WORK, which are applicable at the time of opening of Bids. CONTRACTOR shall pay all charges of utility owners for connections to the WORK.
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6.12 LAWS AND REGULATIONS - CONTRACTOR shall observe and comply with all Federal, State and local laws, ordinances, Codes, orders and regulations which in any manner affect those engaged or employed on the WORK, the materials used in the WORK or the conduct of the WORK. If any discrepancy or inconsistency should be discovered in this Agreement in relation to any such law, ordinance, code, order or regulation, CONTRACTOR shall immediately report the same in writing to CONSTRUCTION MANAGER.
6.13 TAXES - CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the WORK. OWNER is not exempt from sales tax.
6.14 Intentionally Omitted.
6.15 USE OF PREMISES
6.15.1 General - CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the operations of workers to the Project site, the land and areas identified in and permitted by the Contract Documents and the other land and areas permitted by Laws and Regulations, rights-of-way, permits and easements as approved by CONSTRUCTION MANAGER. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any land or areas contiguous thereto, resulting from the performance of the WORK. Should any claim be made against OWNER or CONSTRUCTION MANAGER by any such owner or occupant because of the performance of the WORK, CONTRACTOR shall promptly attempt to settle with such other party by agreement or otherwise resolve the claim through litigation.
6.16 PROJECT SITE MAINTENANCE AND INTERFERENCE WITH ADJACENT
PROPERTY
6.16.1 Cost of General Requirements in Contract Price - CONTRACTOR is obligated to comply with the General Requirements. All costs associated with this compliance are to be included in the basic Contract Price.
6.16.2 Vehicle Load Limits - When materials are transported in prosecuting the WORK, vehicles shall not be loaded beyond the loading capacity recommended by the manufacturer of the vehicle or prescribed by law or regulation. When it is necessary to cross curbs, sidewalks or drainage facilities CONTRACTOR shall protect them from damage.
6.16.3 Work Outside The Agreement Limits - Despite the designation of Contract Documents or the indication of temporary fences or barricades, the provisions of the Contract Documents governing certain portions of the WORK may require that certain operations be carried out beyond such limits. In those cases, trenching, utility work, site development and landscaping shall be scheduled so as to occasion a minimum of inconvenience or disturbance to or interference with the normal operation of the owner, abutters and the public. CONTRACTOR shall obtain CONSTRUCTION MANAGER’s prior approval and all necessary approvals from other agencies, public entities or the government for such operations, and prosecute such operations expeditiously
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and restore the premises affected to their original condition immediately upon completion of such operations, unless otherwise specified in the Contract Documents. All existing walks, roadways, paved or landscaped areas on which temporary driveways or walks are rerouted shall be restored to their original condition, immediately upon completion of those phases of the WORK, unless otherwise specified in the Contract Documents. Pumping, draining and control of surface and ground water shall be carried out so as to avoid endangering the WORK or any adjacent facility or property, or interrupting, restricting or otherwise infringing or interfering with its use.
6.16.4 Responsibilities For Damage - All damage, injury or loss to any persons or property caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the WORK or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or CONSTRUCTION MANAGER or DESIGN CONSULTANT). CONTRACTOR’s duties and responsibilities for Safety and for protection of the WORK shall continue until such time as all the WORK is completed and CONSTRUCTION MANAGER has issued a notice to OWNER and CONTRACTOR in accordance with Article 14 that the WORK is complete.
6.17 CONTRACTOR’S DAILY REPORTS - CONTRACTOR shall complete a daily report indicating his total manpower for each construction trade, major equipment on site, each Subcontractor’s manpower, weather conditions and any other items required by CONSTRUCTION MANAGER. The daily report shall be completed on forms provided by CONSTRUCTION MANAGER and shall be submitted to CONSTRUCTION MANAGER by 9:00 a.m. the following work Day. The report should comment on the daily progress and status of the work within each major component of the WORK. These components will be determined by CONSTRUCTION MANAGER. Submitting acceptable daily reports as required is a precondition to approval of the monthly progress payment. However, these reports are not to be used to meet the notice requirements contained elsewhere in the General Conditions.
6.18 SAFETY
6.18.1 Safety Plan - CONTRACTOR will be required to comply with General Requirements provided by CONSTRUCTION MANAGER. CONTRACTOR shall submit a written Safety plan to CONSTRUCTION MANAGER prior to commencement of any work on site. CONTRACTOR shall be responsible for initiating, maintaining and supervising all Safety precautions and programs in connection with the WORK.
6.18.2 Safety Laws and Regulations - CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for the Safety of persons or property or to protect them from damage, injury or loss and shall erect and maintain all necessary safeguards for such Safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Utilities when prosecution of the WORK may affect them and shall cooperate with them in the protection, removal, relocation and replacement of their property.
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6.18.3 Safety Representative - CONTRACTOR shall designate a qualified and experienced Safety representative at the site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of Safety precautions and program. The Safety representative must meet the requirements stated in Supplemental General Conditions 6.18 “Safety.”
6.18.4 Safety Orders - CONTRACTOR shall have at the WORK site as applicable, copies or suitable extracts of: Construction Safety Orders, Tunnel Safety Orders and General Industry Safety Orders issued by the State Division of Industrial Safety. CONTRACTOR shall comply with provisions of these and all other applicable laws, ordinances and regulations.
6.18.5 Trench Shoring Plan - Before excavating any trench five (5) feet or more in depth, CONTRACTOR shall submit to OWNER a detailed plan showing the design of shoring, bracing, sloping or other provisions to be made for the workers’ protection from the hazard of caving ground during the excavation of such trench. If the plan varies from the shoring system standards, the plan shall be prepared by a California registered civil construction manager. No excavation shall start until CONSTRUCTION MANAGER has accepted the plan and CONTRACTOR has obtained a permit from the State Division of Industrial Safety. A copy of the permit shall be submitted to CONSTRUCTION MANAGER and posted at the site.
6.18.6 Use of Explosives - Explosives may be used only when authorized in writing by CONSTRUCTION MANAGER, or as otherwise stated in the Specifications. Explosives shall be handled, used and stored in accordance with all applicable regulations. CONSTRUCTION MANAGER’s approval of the use of explosives shall not relieve CONTRACTOR from liability for claims caused by blasting operations.
6.18.7 Hazardous Communication Program
6.18.7.1 Notification to employees is required when materials that contain hazardous substances or mixtures are required on the WORK. A material safety data sheet as described in section 5194 of the California Code of Regulations shall be requested by CONTRACTOR from the manufacturer of any hazardous product used.
6.18.7.2 Material usage shall be accomplished with strict adherence to California Division of Industrial Safety requirements and all manufacturer’s warnings and application instructions listed on the material safety data sheet and on the product container label.
6.18.7.3 CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the site in accordance with laws or regulations, with copies to CONSTRUCTION MANAGER.
6.18.7.4 Unsafe Products - CONTRACTOR shall notify CONSTRUCTION MANAGER if it considers a specified or required product or its intended usage to be unsafe. This notification must be given to CONSTRUCTION MANAGER prior to the product being ordered, or if provided by some other party, prior to the product being used or incorporated in the WORK.
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6.18.8 Safety Measures In Bid - Payment for performing all work necessary to provide Safety measures shall be included in the prices bid for other items of work except where separate bid items for excavation Safety are provided.
6.18.9 Safety Reporting
6.18.9.1 Weekly First Aid Logs - This log should be delivered to CONSTRUCTION MANAGER three (3) Days after the weekly reporting period.
6.18.9.2 Accident and Injury Reports - This report should be delivered within twenty-four (24) hours of the injury or accident.
6.18.10 CONSTRUCTION MANAGER Safety Deficiency Report - CONTRACTOR is required to respond to this report within two (2) working Days explaining his corrective action and proposed schedule for this action.
6.19 EMERGENCY - In emergencies affecting the Safety or protection of persons or the WORK or property at or adjacent to the site, CONTRACTOR, without special instruction or authorization from CONSTRUCTION MANAGER, is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give CONSTRUCTION MANAGER prompt written notice if CONTRACTOR believes that any significant changes in the WORK have resulted because of the action taken in response to an emergency. If it is determined by OWNER that a change is required, a change shall be authorized by Change Order.
6.20 SHOP DRAWINGS AND SAMPLES
6.20.1 After checking and verifying all field measurements and after complying with applicable procedures specified in the General Requirements, CONTRACTOR shall submit to CONSTRUCTION MANAGER for DESIGN CONSULTANT’s review all Shop Drawings in accordance with the accepted schedule of Shop Drawings Submittals specified in Bidding Documents section Bid Forms.
6.20.2 CONTRACTOR shall also submit to CONSTRUCTION MANAGER for review all Samples in accordance with the accepted schedule of sample Submittals specified in the General Requirements.
6.20.3 Before submittal of each Shop Drawing or Sample, CONTRACTOR shall have determined and verified all quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar data with respect thereto and reviewed or coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the WORK and the Contract Documents.
6.20.4 CONTRACTOR shall, at his own expense, furnish for review, and obtain approval by the CONSTRUCTION MANAGER, three (3) copies each of detailed submittals for materials, installation drawings, and construction procedures for the following:
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All materials and equipment as required per the Technical Specifications Any material which differ from that specified with a brand name on the Plans and in this Special Provisions
In addition, OWNER’s representative may, at his discretion, require shop drawings on other equipment or construction activities not included in the above list. OWNER’s representative shall have ten (10) working days to review and return the shop drawings to CONTRACTOR after receipt of said drawings.
6.21 SUBMITTAL ACCEPTANCE
6.21.1 If applicable: DESIGN CONSULTANT Review Scope and Limitation - DESIGN CONSULTANT will review and approve Shop Drawings and Samples. DESIGN CONSULTANT’s review and approval will be only to determine if the items covered by the Submittals will, after installation or incorporation in the WORK, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. DESIGN CONSULTANT’s review and approval will not extend to means, methods, techniques, sequences or procedures of construction except where a particular means, method, technique, sequence or procedure of construction is specifically and expressly called for by the Contract Documents or to Safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR shall make corrections required by DESIGN CONSULTANT, and shall return the required number of corrected copies of Shop Drawings and submit as required new Samples for review and approval.
CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by DESIGN CONSULTANT on previous Submittals.
6.21.2 CONTRACTOR’s Responsibility Not Relieved By Approval - CONSTRUCTION MANAGER’s and DESIGN CONSULTANT’s review and approval of Shop Drawings or Samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called DESIGN CONSULTANT’s attention to each such variation at the time of submission and DESIGN CONSULTANT has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by DESIGN CONSULTANT relieve CONTRACTOR from responsibility for complying with the requirements of Article 6.
6.22 COMPLIANCE WITH CONSTRUCTION MANAGER ADMINISTRATIVE PROCEDURES - CONTRACTOR is required to comply with all CONSTRUCTION MANAGER administrative procedures including but not limited to daily reports, Requests for Proposal, Safety reporting, notice requirements, payment procedures, submittal processing, attendance at weekly and special meetings and others designated by CONSTRUCTION MANAGER.
6.23 ASSIGNMENT OF CONTRACT - CONTRACTOR shall not assign, sublet, sell, transfer or otherwise dispose of the Contract Documents or any portion thereof, or its right, title or interest
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therein, or obligations thereunder, without the written consent of OWNER except as imposed by law. If CONTRACTOR violates this provision, the Agreement may be terminated at the option of OWNER. In such event, OWNER shall be relieved of all liability and obligations to CONTRACTOR and to its assignee or transferee growing out of such termination.
6.24 CONTINUING THE WORK DURING DISPUTES
6.24.1 CONTRACTOR shall carry on the WORK and adhere to the progress schedule during all disputes or disagreements with OWNER over any WORK scope, price or time dispute. No work shall be delayed or postponed pending resolution of any disputes or disagreements, except as CONTRACTOR and OWNER may otherwise agree in writing.
6.24.2 If CONTRACTOR and OWNER are unable to reach agreement on Disputed Work, OWNER may direct CONTRACTOR to proceed with the WORK. Payment shall be as later determined by Article 16.
6.25 GENERAL WARRANTY AND GUARANTEE CONTRACTOR is responsible for providing warranty and guarantee in accordance with Article 13.
6.26 INDEMNIFICATION – In addition and complementary to, the Construction Services Agreement and to the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify, defend and hold harmless OWNER, CONSTRUCTION MANAGER, DESIGN CONSULTANT, their consultants, Sub-Consultants and the officers, directors, employees and agents of each and any of them against and from all claims and liability arising under, by reason of or incidentally to the Agreement or any performance of the WORK, but not from the sole gross negligence or willful misconduct of OWNER, CONSTRUCTION MANAGER and/or DESIGN CONSULTANT. Such indemnification by CONTRACTOR shall include but not be limited to the following:
6.26.1 CONTRACTOR Negligence - Liability or claims resulting directly or indirectly from the negligence or carelessness of CONTRACTOR, its employees or agents in the performance of the WORK, or in guarding or maintaining the same, or from any improper materials, implements or appliances used in its construction, or by or on account of any act or omission of CONTRACTOR, its employees or agents;
6.26.2 Claims By CONTRACTOR Employees - Liability or claims arising directly or indirectly from bodily injury, occupational sickness or disease or death of CONTRACTOR’s or Subcontractor’s own employees engaged in the WORK resulting in actions brought by or on behalf of such employees against OWNER, CONSTRUCTION MANAGER and/or DESIGN CONSULTANT;
6.26.3 Violation Of Law - Liability or claims arising directly or indirectly from or based on the violation of any law, ordinance, regulation, order or decree, whether by CONTRACTOR, its employees or agents;
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6.26.4 Patent, Copyright Or Secret Process - Liability or claims arising directly or indirectly from the use or manufacture by CONTRACTOR, its employees or agents in the performance of this Agreement of any copyrighted or un-copyrighted composition, secret process, patented or unpatented invention, article or appliance, unless otherwise specifically stipulated in this Contract.
6.26.5 Breach Of Warranty - Liability or claims arising directly or indirectly from the breach of any warranties, whether express or implied, made to OWNER or any other parties by CONTRACTOR, its employees or agents;
6.26.6 Willful Misconduct - Liabilities or claims arising directly or indirectly from the willful misconduct of CONTRACTOR, its employees or agents; and
6.26.7 Hazardous Materials - Acts or omissions in any way related to, the release, treatment, use, generation, transportation, storage, or disposal in, on, under, to, or from the location at which work under this Agreement is performed of any Hazardous Substances by Contractor or its officers, directors, employees, agents, and subcontractors. For purposes of this Agreement, “Hazardous Substances” shall mean any and all of the following:
a. any substance, product, waste or other material of any nature whatsoever which is or becomes listed, regulated, or for which liability arises for misuse, pursuant to the Comprehensive Environmental Response Compensation and Liability Act (“CERCLA”), 42 U.S.C. §9601, et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. §1801, et seq.; the Resource Conservation and Recovery Act (“RCRA”), 42 U.S.C. §6901, et seq.; the Toxic Substances Control Act, 15 U.S.C.S. §2601, et seq.; the Clean Water Act, 33 U.S.C. §1251, et seq.; the Insecticide, Fungicide, Rodenticide Act, 7 U.S.C. §136, et seq.; the Superfund Amendments and Reauthorization Act, 42 U.S.C. §6901, et seq.; the Clean Air Act, 42 U.S.C. §7401, et seq.; the Safe Drinking Water Act, 42 U.S.C. §300f, et seq.; the Solid Waste Disposal Act, 42 U.S.C. §6901, et seq.; the Surface Mining Control and Reclamation Act, 30 U.S.C. §1201, et seq.; the Emergency Planning and Community Right to Know Act, 42 U.S.C. §11001, et seq.; the Occupational Safety and Health Act, 29 U.S.C. §§655 and 657; the Hazardous Waste Control Act, California Health and Safety Code (“H.&S.C.”) §25100, et seq.; the Hazardous Substance Account Act, H.&S.C.§25330, et seq.; the California Safe Drinking Water and Toxic Enforcement Act, H.&S.C. §25249.5, et seq.; the Underground Storage of Hazardous Substances, H.&S.C. §25280, et seq.; the Carpenter-Presley-Tanner Hazardous Substance Account Act, H.&S.C. §25300, et seq.; the Hazardous Waste Management Act, H.&S.C. §25170.1, et seq.; the Hazardous Materials Response Plans and Inventory, H.&S.C. §25001, et seq.; the Porter-Cologne Water Quality Control Act, Water Code §13000, et seq., all as they may from time to time be amended; and
b. any substance, product, waste or other material of any nature whatsoever which is or becomes listed, regulated, or for which liability for misuse arises pursuant to any other federal, state or local statute, law, ordinance, resolution, code, rule, regulation, order or decree due to its hazardous, toxic or dangerous nature.
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6.26.8 CONTRACTOR Reimbursement Of Cost - Liabilities or claims arising directly or indirectly from any breach of the obligations assumed herein by CONTRACTOR, CONTRACTOR shall reimburse OWNER, CONSTRUCTION MANAGER and DESIGN CONSULTANT for all costs and expenses, (including but not limited to fees and charges of engineers, architects and other professionals and court costs including all costs of appeals) incurred by said OWNER, CONSTRUCTION MANAGER and DESIGN CONSULTANT in enforcing the provisions of this Article.
6.26.9 Use Of Premises - Liabilities of claims arising directly or indirectly from the use of the premises by CONTRACTOR, its employees or agents.
6.26.10 No Indemnification Limitation - The indemnification obligation in Article 6 shall not be limited in any way by any limitation of the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor or other person or organization under Workers’ Compensation acts, disability benefit acts or other employee benefit acts. However, the indemnification obligations of CONTRACTOR shall not extend to the liability of DESIGN CONSULTANT when caused by the professional negligence, errors or omissions.
6.26.11 OSHA/CalOSHA Citations - CONTRACTOR shall indemnify CONSTRUCTION MANAGER against fines, reasonable attorneys’ fees and defense costs resulting from citations issued to CONSTRUCTION MANAGER by either the Federal, State or local Safety enforcement agencies due to CONTRACTOR’s failure to abide by applicable Safety and health standards.
6.26.12 Survival of Obligations - All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive Final Payment, completion and acceptance of the WORK and termination or completion of the Agreement.
ARTICLE 7 -- WORK BY OTHERS AT THE SITE
7.1 OWNER’S RIGHT TO WORK AT SITE - OWNER may perform other work related to the Project at the site by OWNER’s own forces, have other work performed by utility owners, or let other direct contracts which may contain General Conditions similar to these. If the fact that such other work is to be performed was not noted in the Contract Documents, written notice thereof will be given to CONTRACTOR prior to starting any such other work.
7.2 CONTRACTOR REPORT ON DELAYS CAUSED BY OTHERS - If the proper execution or results of any part of CONTRACTOR’s work depends upon the work of any such other contractor or utility owner (or OWNER), CONTRACTOR shall promptly inspect and report to CONSTRUCTION MANAGER in writing any apparent delays, defects or deficiencies in such other work that render it unavailable or unsuitable for such proper execution and results.
CONTRACTOR’s failure to report such delays, defects or deficiencies in writing before commencement of the affected WORK will constitute an acceptance of the other work as fit and proper for integration with CONTRACTOR’s work except for latent defects and deficiencies in the other work.
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7.3 DAMAGE TO OTHERS CAUSED BY CONTRACTOR - If CONTRACTOR causes damage to the work, property or person of any other contractor employed by OWNER, or if any claim arising out of CONTRACTOR’s performance of the WORK by any other contractor is made against CONTRACTOR, by OWNER, CONSTRUCTION MANAGER, DESIGN CONSULTANT, any other contractor or any other person, CONTRACTOR shall be responsible to settle and shall promptly attempt to settle and resolve the dispute.
7.4 COORDINATION
7.4.1 Coordination Responsibilities - CONTRACTOR’s coordination responsibilities are in accordance with those found in Article 6 and in the described Supplementary General Conditions if applicable.
7.4.2 Coordination Delays - Should CONTRACTOR be delayed by OWNER, and such delay could not reasonably have been foreseen and prevented by CONTRACTOR, CONSTRUCTION MANAGER will determine the extent of the delay, the effect of the delay on the work as a whole, and any commensurate extension of time. CONSTRUCTION MANAGER shall arrange meetings with other contractors performing work on behalf of OWNER to plan coordination of construction activities. Any difference or conflict arising between CONTRACTOR and any other contractor employed by OWNER shall be submitted to CONSTRUCTION MANAGER for a decision in the matter. CONTRACTOR shall comply with reasonable direction from CONSTRUCTION MANAGER whose decision on coordination matters will be final.
7.5 Remedy For Delays By Others - By entering into this Agreement, CONTRACTOR acknowledges that there may be other contractors on the site whose WORK will be coordinated with that of his own. CONTRACTOR expressly warrants and agrees that he will cooperate with other contractors and will do nothing to delay, hinder or interfere with the WORK of other separate contractors, OWNER, CONSTRUCTION MANAGER or DESIGN CONSULTANT.
CONTRACTOR also expressly agrees that, in the event his work is hindered, delayed, interfered with or otherwise affected by a separate contractor, his sole remedy will be a direct action against the separate contractor. Except as otherwise provided by law, CONTRACTOR will have no remedy, and hereby expressly waives any remedy, against OWNER and/or CONSTRUCTION MANAGER or DESIGN CONSULTANT on account of delay, hindrance, interference or other event caused by a separate contractor.
7.6 Out Of Sequence Or Accelerated Work - When WORK is performed out of sequence and ahead of Interfacing Work, CONTRACTOR shall be responsible for taking reasonable steps to minimize damage or loss to the WORK which may be caused by others during the performance of their work, including but not limited to furnishing prompt written notice to CONSTRUCTION MANAGER and to the other contractors that WORK has been performed out of sequence and ahead of Interfacing Work.
7.7 NATIONAL LABOR RELATIONS BOARD REQUIREMENTS - CONTRACTOR’s Price shall include all costs associated with complying with any applicable National Labor Relations Board requirements for accessing the Project site.
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ARTICLE 8 -- OWNER’S RESPONSIBILITIES
8.1 GENERAL - OWNER has the final authority in all matters affecting the WORK.
8.2 COMMUNICATIONS - In general, OWNER and DESIGN CONSULTANT shall issue all written communications to CONTRACTOR through CONSTRUCTION MANAGER.
8.3 PAYMENTS - OWNER shall make payments to CONTRACTOR as provided in Article 14.
8.4 LANDS, EASEMENTS AND SURVEYS - OWNER’s duties in respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in Article 4. OWNER shall identify and make available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and in existing structures which have been utilized in preparing the Contract Documents as set forth in Article 4.
8.5 CHANGE ORDERS - OWNER shall execute Change Orders as indicated in Article 10.
8.6 INSPECTIONS AND TESTS - OWNER’s responsibility with respect to inspections, tests and approvals is set forth in Article 13.
8.7 SUSPENSION OF WORK - In connection with OWNER’s right to stop work or suspend work, see Articles 13 and 15.
8.8 TERMINATION OF AGREEMENT - Article 15 deals with OWNER’s right to terminate services of CONTRACTOR.
8.9 OWNER’S RESPONSIBILITY FOR UNDISCLOSED HAZARDOUS MATERIALS - OWNER’S responsibility with respect to undisclosed Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Materials uncovered or revealed at the site is set forth in Article 4.
8.10 NO OWNER SUPERVISION INTENDED - Neither OWNER nor CONSTRUCTION MANAGER shall supervise, direct or have control or authority over, nor be responsible for, CONTRACTOR’s means, methods, techniques, sequences or procedures of construction or the Safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the WORK. OWNER and CONSTRUCTION MANAGER will not be responsible for CONTRACTOR’s failure to perform or furnish the WORK in accordance with the Contract Documents.
ARTICLE 9 -- CONSTRUCTION MANAGER’S STATUS DURING CONSTRUCTION
9.1 GENERAL
9.1.1 OWNER’S REPRESENTATIVE - CONSTRUCTION MANAGER will be OWNER’s representative during the construction period. The duties and responsibilities and the authority of CONSTRUCTION MANAGER as CONSTRUCTION MANAGER during construction are set forth in the Contract Documents.
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9.1.2 Contract Documents Terms - Whenever in the Contract Documents the terms “as ordered,” “as directed,” “as required,” “as allowed,” “as reviewed,” “as approved,” or terms of like effect or import are used, or the adjectives “reasonable,” “suitable,” “acceptable,” “proper,” or “satisfactory” or adjectives of like effect or import are used to describe a requirement, direction, review or judgment of CONSTRUCTION MANAGER as to the WORK, it is intended that such requirement, direction, review or judgment will be solely to evaluate the WORK for compliance with the requirements of the Contract Documents, and conformance with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents, unless there is a specific statement indicating otherwise. The use of any such term or adjective shall not be effective to assign to CONSTRUCTION MANAGER any duty or authority to supervise or direct the performance of the WORK or any duty or authority to undertake responsibility contrary to the Article 9.
9.2 PRESENCE ON SITE - CONSTRUCTION MANAGER will be on site during construction to observe the progress, quantity and quality of the WORK and to determine, in general, if the WORK is proceeding in accordance with the Contract Documents. CONSTRUCTION MANAGER will not supervise, direct or have control over CONTRACTOR’s work.
9.3 CONTRACT DOCUMENT CLARIFICATIONS AND INTERPRETATIONS - CONSTRUCTION MANAGER will issue with reasonable promptness such written clarifications or interpretations of the requirements of the Contract Documents (in the form of Drawings or otherwise) as CONSTRUCTION MANAGER may determine necessary, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. Such written clarifications and interpretations will be binding on OWNER and CONTRACTOR. If CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract Price or the Contract Time and the parties are unable to agree to the amount or extent CONTRACTOR may request an adjustment in the Contract Price or an extension of the Contract Time therefore as provided in Articles 11 or 12.
9.4 AUTHORIZED VARIATIONS IN WORK - CONSTRUCTION MANAGER may authorize minor variations in the WORK, (not resulting in changes to the Contract Price or Contract Time), which are consistent with the intent of the Contract Documents. These may be accomplished by a Construction Manager Order. If CONTRACTOR believes that a Construction Manager Order justifies an increase in the Contract Price or an extension of the Contract Time, CONTRACTOR may request an adjustment in the Contract Price or an extension of the Contract Time therefore as provided in Articles 11 or 12. If CONTRACTOR proceeds with the directed work without making such a request or providing notice he will be presumed to be in agreement with CONSTRUCTION MANAGER’s determination that no change in price or time are involved, and will be considered to have waived his right to request an adjustment in Contract Time or Price.
9.5 ACCEPTANCE OF WORK - OWNER has the final authority in all matters affecting the WORK. Within the scope of the Agreement, CONSTRUCTION MANAGER has the authority to enforce compliance with the Plans and Specifications. CONTRACTOR shall promptly comply with instructions from CONSTRUCTION MANAGER or any authorized representative on all matters relating to quantities, the acceptability of material, equipment or work, the execution,
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progress or sequence of work and the interpretation of Specifications or Drawings. The decision of CONSTRUCTION MANAGER shall be precedent to any payment under the Agreement, unless otherwise ordered by OWNER. CONSTRUCTION MANAGER will recommend final acceptance to OWNER.
9.6 REJECTING DEFECTIVE WORK - CONSTRUCTION MANAGER will have authority to reject work which CONSTRUCTION MANAGER determines to be defective, or not in compliance with the Contract Documents or that DESIGN CONSULTANT or CONSTRUCTION MANAGER believes will not produce a completed Project or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. CONSTRUCTION MANAGER will also have authority to require special inspection or testing of the WORK as provided in Article 13, whether or not the WORK is fabricated, installed or completed.
9.7 CONTRACTOR SUBMITTALS - CONTRACTOR shall provide submittals in accordance with the SPECIAL PROVISIONS.
9.8 CHANGE ORDER - In connection with CONSTRUCTION MANAGER’s responsibilities as to Change Orders, see Articles 10, 11, and 12.
9.9 PAYMENTS In connection with CONSTRUCTION MANAGER’s responsibility as to Applications for Payment, see Article 14.
9.10 FINAL APPLICATION FOR PAYMENT - CONSTRUCTION MANAGER’s review of the Final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, Bonds and certificates of inspection, tests and approvals and other documentation required to be delivered by Article 14 will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests and approvals that the results certified indicate compliance with the Contract Documents.
9.11 DECISIONS ON DISPUTES
9.11.1 Interpreter Of Contract Documents - CONSTRUCTION MANAGER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the WORK thereunder. Claims, disputes and other matters relating to the acceptability of the WORK, the interpretation of the requirements of the Contract Documents pertaining to the performance of the WORK and those claims with respect to changes in the Contract Price or Contract Time will be referred initially to CONSTRUCTION MANAGER. The process to be followed is described in Article 16.
9.12 CONSTRUCTION MANAGER LIABILITY FOR INTERPRETATION - When functioning as interpreter under Article 9, CONSTRUCTION MANAGER will not show partiality to OWNER, DESIGN CONSULTANT or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by CONSTRUCTION MANAGER pursuant to Article 9 will be a condition precedent to
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any exercise by CONTRACTOR of such rights or remedies as he may otherwise have under the Contract Documents or by laws or regulations in respect of any such Claim, dispute or other matter pursuant to Article 16.
9.13 LIMITATION ON CONSTRUCTION MANAGER’S RESPONSIBILITIES
9.13.1 No Duty Arising Out Of Act Or Decision - Neither CONSTRUCTION MANAGER’s authority to act under this Article 9 or other provisions of the Contract Documents, nor any decision made by CONSTRUCTION MANAGER in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of CONSTRUCTION MANAGER to CONTRACTOR, any Subcontractor, any Supplier, any surety for any of them or any other person or organization performing any of the WORK.
9.13.2 No Supervision Role - CONSTRUCTION MANAGER will not supervise, direct, control or have authority over or be responsible for CONTRACTOR’s means, methods, techniques, sequences or procedures of construction, or the Safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations, applicable to the performance of the WORK. CONSTRUCTION MANAGER will not be responsible for CONTRACTOR’s failure to perform the WORK in accordance with the Contract Documents.
9.13.3 CONTRACTOR Acts Or Omissions - CONSTRUCTION MANAGER will not be responsible for the acts or omissions of CONTRACTOR nor of any Subcontractor, Supplier or any other person or organization performing any of the WORK.
ARTICLE 10 -- CHANGES IN THE WORK
10.1 CHANGES REQUESTED BY CONTRACTOR
10.1.1 CONSTRUCTION MANAGER Approval - Changes in the Plans and Specifications, requested in writing by CONTRACTOR, which do not materially affect the WORK and which are not detrimental to the WORK or to the interests of OWNER, may be granted to facilitate the WORK, when approved in writing by CONSTRUCTION MANAGER. If the method will result in a cost saving, an appropriate deductive change will be required.
10.1.2 Specified Methods - Changes in specified methods of construction may be made at CONTRACTOR’s request when approved in writing by CONSTRUCTION MANAGER. If the method will result in a cost saving, an appropriate deductive change will be required.
10.1.3 No Right To Change - Nothing herein shall be construed as granting a right to CONTRACTOR to demand acceptance of such changes.
10.1.4 Request for Change Made in Good Faith - The request For change shall be made in good faith, and the amount requested accurately reflects the adjustments in Contract Price or Contract Time for which CONTRACTOR believes OWNER is liable, and covers all direct, supplemental, indirect, consequential, serial and cumulative costs and delays to which CONTRACTOR is entitled as a result of the change.
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10.2 OWNER’S RIGHT TO MODIFY WORK
10.2.1 Requirement To Implement Directed Change - Without invalidating the Agreement and without notice to any surety, OWNER may at any time or from time to time, order additions, deletions or revisions in the WORK; these will be authorized by a written Change Order prepared by CONSTRUCTION MANAGER and issued by OWNER. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided).
10.2.2 Request For Proposal - When OWNER desires a change in the WORK, CONSTRUCTION MANAGER will issue a Request for Proposal to CONTRACTOR.
CONTRACTOR will be required to respond within the time indicated by CONSTRUCTION MANAGER or fifteen (15) Days, whichever is less. If CONTRACTOR fails to meet the submittal time required by this provision, CONTRACTOR will be solely liable for any delays or impacts caused by the delayed submittal of the proposal.
10.3 REQUIREMENT TO PROCEED WITH WORK - If OWNER and CONTRACTOR agree on the value of any work, and the amount of Contract Time that should be allowed as a result of CONTRACTOR’s response to a Request for Proposal, CONTRACTOR shall proceed as directed by OWNER so as to minimize the impact on and delays to the work pending the issuance of a Change Order. If however, OWNER and CONTRACTOR are unable to agree as to the extent of an increase or decrease in the Contract Price or an extension or shortening of the Contract Time that should be allowed as a result of CONTRACTOR’s response to a Request for Proposal, OWNER can direct CONTRACTOR to proceed on the basis of a price for the WORK as estimated by CONSTRUCTION MANAGER or time and materials so as to minimize the impact on and delays to the work, in accordance with Article 11.
10.4 WORK NOT IN CONTRACT - CONTRACTOR shall not be entitled to an increase in the Contract Price nor an extension of the Contract Time with respect to any work performed that is not required by the Contract Documents as amended, modified, supplemented by Change Order or Field Order, except in the case of an emergency and except in the case of uncovering work as provided in Article 13.
10.5 CHANGE ORDER PROCESS - OWNER and CONTRACTOR shall execute appropriate Change Orders covering:
10.5.1 OWNER Ordered Changes - Changes in the WORK which are ordered by OWNER pursuant to Article 10;
10.5.2 Changes Due To Defective Work - changes required because of acceptance of Defective Work under Article 13;
10.5.3 Mutually Agreed Price/Time Changes - changes in the Contract Price or Contract Time which are agreed to by the parties.
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10.6 NOTICE TO SURETY - If notice of any change is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR’s responsibility, and the amount of each applicable Bond shall be adjusted accordingly.
10.7 ALLOWABLE QUANTITY VARIATIONS - In the event of an increase or decrease in bid item quantity of a unit priced item in the Contract Documents, the total amount of WORK actually done or materials or equipment furnished shall be paid for according to the unit price established for such work under the Contract Documents, wherever such unit price has been established; provided, that an adjustment in the unit price may be made for changes which result in an increase or decrease in excess of the allowable percentage variations as set forth by the Contract Documents.
ARTICLE 11 -- CHANGE OF CONTRACT PRICE (Change Orders, Field Orders and Work Orders)
11.1 CONTRACT PRICE CHANGE - The Contract Price may only be changed by a written Change Order.
11.2 METHODS FOR DETERMINING ADJUSTMENTS IN CONTRACT PRICE
11.2.1 Methods - The methods to be used to determine an adjustment in Contract Price necessitated by changes ordered or negotiated pursuant to these General Conditions or work covered by a Request for Proposal are limited to the following:
11.2.1.1 Where the work involved is covered by lump sum prices in the Contract Documents: on the basis of a lump sum negotiation;
11.2.1.2 Where the work involved is covered or is of the same character as Unit Price Work: by application of those unit prices to the quantities of the items involved (subject to the provisions covering Unit Price Work);
11.2.1.3 Where the work involved is not covered by either of the preceding methods: by mutual acceptance of a lump sum price negotiated on the basis of CONTRACTOR’s itemized estimate of the anticipated Cost of the WORK involved, determined as specified in this Article, and a contractor’s fee as provided in this Article.
11.2.1.4 Where the work involved is not covered by either of the first two (2) methods, and CONSTRUCTION MANAGER and CONTRACTOR cannot achieve agreement on the anticipated cost of the work involved and OWNER directs CONTRACTOR to proceed with the work with payments to be made on the basis of CONSTRUCTION MANAGER’s determination of the cost of the work involved: on a CONTRACTOR’s profit of eighty (80) percent of the amount allowed by this Article.
11.2.1.5 Where the work involved is not covered by either of the first two (2) methods, and OWNER directs CONTRACTOR to proceed with the work involved with payments to be made on the basis of actual costs: on the basis of the actual cost of the work involved, determined as
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specified in this Article, and a CONTRACTOR’s profit determined as fifty (50) percent of the amount allowed under this Article.
11.2.1.6 Where the work involved is not covered by any of the preceding methods, and when payment is to be determined by a court of competent jurisdiction, it is agreed that the actual cost method used for actual cost basis work shall be an appropriate method for determining the cost of the work involved.
11.2.2 CONTRACTOR’S Overhead and Profit Limitation - For all negotiated Change Orders the allowance for overhead and profit shall include full compensation for superintendence, insurance premiums, taxes, field office expense, extended overhead, home office overhead and all other items of expense or cost not included in the cost of labor, materials or equipment provided for in this Article. The allowance for overhead and profit will not exceed the following schedule:
Overhead Profit
Labor = Ten (10) percent Ten (10) percent
Materials = Ten (10) percent Five (5) percent
Equipment = Ten (10) percent Five (5) percent
To the sum of the costs and markups provided for in this Article, one (1) percent shall be added as compensation for bonding.
11.2.3 Subcontractor Mark Up - It is understood that labor, materials and equipment may be furnished by CONTRACTOR or by the Subcontractor on behalf of CONTRACTOR. When all or any part of the extra work is performed by a Subcontractor, the allowance specified herein shall be applied to the labor, materials and equipment costs of the Subcontractor, to which CONTRACTOR may add five (5) percent of the Subcontractor’s total cost for the extra work.
Regardless of the number of hierarchical tiers of Subcontractors, the five (5) percent increase above the performing Subcontractor’s total cost which includes the allowances for overhead and profit may be applied one (1) time only.
11.2.4 Equipment Rental Rates
11.2.4.1 All equipment rental rates shall be in accordance with the rental rate source identified in the Supplementary General Conditions based on a monthly rate for the equipment, and based on an equipment utilization of one hundred seventy-three (173) hours per month. CONTRACTOR will be permitted to charge only for the hours the equipment is actually used in the changed work.
11.2.4.2 Equipment Required Specifically for the Additional Work - Whenever possible, changed work will be accomplished using equipment available on-site or owned by CONTRACTOR. If no on-site equipment can be used, and a specific piece of equipment must be rented to be used exclusively for the changed work, the rental rate will be the invoiced rate.
11.3 COST OF WORK (BASED ON TIME AND MATERIALS)
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11.3.1 General - The term “cost of work” means the sum of all costs necessarily incurred and paid by CONTRACTOR for labor, materials and equipment in the proper performance of extra work. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the excluded costs itemized in this Article.
11.3.2 Labor - The costs of labor will be the actual cost substantiated by certified payroll for wages prevailing for each craft or type of workers performing the extra work at the time the extra work is done, plus employer payments of payroll taxes, Workers’ Compensation insurance, liability insurance, health and welfare, pension, vacation, apprenticeship funds and other direct costs resulting from Federal, State or local laws, as well as assessments or benefits required by lawful collective bargaining agreements. Labor costs for equipment operators and helpers shall be paid only when such costs are not included in the invoice for equipment rental. The labor costs for foremen shall be proportioned to all of their assigned work and only that applicable to extra work shall be paid. Non-direct labor costs including the superintendent, Project manager and other labor identified in 11.3.7.1 shall be considered part of the overhead markup identified in this Article.
11.3.3 Materials - The cost of materials reported shall be itemized at invoice or lowest current price at which materials are locally available and delivered to the job in the quantities involved, plus the cost of sales tax, freight, delivery and storage.
11.3.3.1 Trade discounts available to the purchaser shall be credited to OWNER notwithstanding the fact that such discounts may not have been taken by CONTRACTOR.
11.3.3.2 For materials secured by other than a direct purchase and direct billing to the purchaser, the cost shall be deemed to be the price paid to the actual supplier as determined by CONSTRUCTION MANAGER.
11.3.3.3 Payment for materials from sources owned wholly or in part by the purchaser shall not exceed the price paid by the purchaser for similar materials from said sources on extra work items or the current wholesale price for such materials delivered to the work site, whichever price is lower.
11.3.3.4 If in the opinion of CONSTRUCTION MANAGER the cost of material is excessive, or CONTRACTOR does not furnish satisfactory evidence of the cost of such material, then the cost shall be deemed to be the lowest current wholesale price for the total quantity concerned delivered to the work site less trade discount.
11.3.3.5 OWNER reserves the right to furnish materials for the extra work and no claim shall be allowed by CONTRACTOR for costs and profit on such materials.
11.3.4 Equipment - CONTRACTOR will be paid for the use of equipment at the rental rate listed for such equipment specified in the Supplementary General Conditions. Such rental rate will be used to compute payments for equipment whether the equipment is under CONTRACTOR’s control through direct ownership, leasing, renting or another method of acquisition. The rental
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rate to be applied for use of each item of equipment shall be the rate resulting in the least total cost to OWNER for the total period of use. If it is deemed necessary by CONTRACTOR to use equipment not listed in the publication specified in the Supplementary General Conditions, an equitable rental rate for the equipment will be established by CONSTRUCTION MANAGER.
CONTRACTOR may furnish cost data which might assist CONSTRUCTION MANAGER in the establishment of the rental rate.
11.3.4.1 All equipment shall, in the opinion of CONSTRUCTION MANAGER, be in good working condition and suitable for the purpose for which the equipment is to be used.
11.3.4.2 Before construction equipment is used on the extra work, CONTRACTOR shall plainly stencil or stamp an identifying number thereon at a conspicuous location, and shall furnish to CONSTRUCTION MANAGER, in duplicate, a description of the equipment and its identifying number and the scheduled work activities planned.
11.3.4.3 Unless otherwise specified, manufacturer’s ratings and manufacturer-approved modifications shall be used to classify equipment for the determination of applicable rental rates.
Equipment which has no direct power unit shall be powered by a unit of at least the minimum rating recommended by the manufacturer.
11.3.5 Rental Equipment
11.3.5.1 The rental time to be paid for equipment on the work site shall be the time the equipment is in productive operation on the extra work being performed and, in addition, shall include the time required to move the equipment to the location of the extra work and return it to the original location or to another location requiring no more time than that required to return it to its original location; except, that moving time will not be paid if the equipment is used on other than the extra work, even though located at the site of the extra work.
11.3.5.2 Rental time will not be allowed while equipment is inoperative due to breakdowns.
11.3.5.3 Computation Method - The following shall be used in computing the rental time of equipment on the work site.
11.3.5.3.1 When hourly rates are listed, any part of an hour less than thirty (30) minutes of operation shall be considered to be one-half (.5) hour of operation, and any part of an hour in excess of thirty (30) minutes will be considered one (1) hour of operation.
11.3.5.3.2 When daily rates are listed, any part of a Day less than four (4) hours operation shall be considered to be one-half (.5) Day of operation.
11.3.6 CONTRACTOR-Owned Equipment - For CONTRACTOR-owned equipment, the allowed equipment rental rate will be limited to the monthly equipment rental rate using a utilization rate of one hundred seventy-three (173) hours per month which is found in the Equipment Rental Rate Tables authorized by the Supplementary General Conditions for rental equipment.
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11.3.7 Special Services Special work or services are defined as that work characterized by extraordinary complexity, sophistication or innovation or a combination of the foregoing attributes which are unique to the construction industry.
11.3.7.1 When CONSTRUCTION MANAGER and CONTRACTOR determine that a special service is required which cannot be performed by the forces of CONTRACTOR or those of any of its Subcontractors, the special service may be performed by an entity especially skilled in the work. Invoices for special services based upon the current fair market value thereof may be accepted without complete itemization of labor, material and equipment rental costs, after validation of market values by CONSTRUCTION MANAGER.
11.3.7.2 All invoices for special services will be adjusted by deducting all trade discounts offered or available, whether the discounts were taken or not. In lieu of the allowances for overhead and profit specified in this Article, herein, an allowance of fifteen (15) percent will be added to invoices for special services.
11.3.8 Excluded Costs - The term “cost of the work” shall not include any of the following costs:
11.3.8.1 Overhead Cost - Payroll costs and other compensation of CONTRACTOR’s officers, executives, principals (of partnership and sole proprietorships) general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR’s principal office, a branch office or material yard and shop for general administration of the Work or not specifically covered by this Article all of which are to be considered administrative costs covered by CONTRACTOR’s allowance for overhead and profit.
11.3.8.2 Office Expense - Expenses of CONTRACTOR’s principal and branch offices.
11.3.8.3 Capital Expenses - Any part of CONTRACTOR’s capital expenses, including interest on CONTRACTOR’s capital employed for the WORK and charges against CONTRACTOR for delinquent payments.
11.3.8.4 Premiums - Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same.
11.3.8.5 Negligence - Costs due to the negligence of CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of Defective Work, disposal of materials or equipment wrongly supplied and making good any damage to property.
11.3.8.6 Other - Other overhead or general expense costs of any kind and the cost of any item not specifically and expressly included in this Article.
11.3.8.7 Small Tools - Cost of small tools valued at less than five hundred dollars ($500) and that remain the property of CONTRACTOR.
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11.3.8.8 Administrative Costs - Costs associated with the preparation of Change Orders (whether or not ultimately authorized), cost estimates or the preparation or filing of claims.
11.3.8.9 Anticipated Lost Profits - Expenses of CONTRACTOR associated with anticipated lost profits or lost revenues, lost income or earnings, lost interest on earnings or unpaid retainage.
11.3.8.10 Home Office Overhead - Costs derived from the computation of a home office overhead rate by application of the Eichleay, Allegheny, Burden Fluctuation or other similar methods.
11.3.8.11 Special Consultants and Attorneys - Costs of special consultants or attorneys, whether or not in the direct employ of CONTRACTOR, employed for services specifically related to the resolution of a claim, dispute or other matter relating to the acceptability of the Work.
11.3.9 CONTRACTOR’s Extra Work Report - In order to be paid for extra work based on time and materials, CONTRACTOR must submit a daily Extra Work Report on a form provided by CONSTRUCTION MANAGER. The form must be completely filled out based on the provisions of this Article and signed by CONTRACTOR and CONSTRUCTION MANAGER at the end of each work Day. Failure to complete the form and obtain appropriate signatures by the next working Day after the work was completed will result in CONTRACTOR’s costs for extra work being disallowed until such form is completed and agreed to by CONSTRUCTION MANAGER.
Delay in submitting the form beyond seven (7) Days will result in CONSTRUCTION MANAGER’s records becoming the official record for payment purposes.
11.4 COSTS RELATING TO WEATHER DAMAGE
CONTRACTOR shall have no cost claims against OWNER for damages for any injury to work, materials or equipment, resulting from the action of the elements or weather. Weather-related adjustment to Contract Time will be made in accordance with Article 12.
11.5 WRITTEN JUSTIFICATION SUBSTANTIATING ADJUSTMENT
11.5.1 CONTRACTOR Initiated Change - Any request by CONTRACTOR for a change in the Contract Price shall be based on written notice delivered by CONTRACTOR to CONSTRUCTION MANAGER promptly (but in no event later than seven (7) Days) after the start of the occurrence or the event giving rise to the request for adjustment and stating the general nature of the request.
11.5.2 Cost and Time Notice Requirements - Notice of the amount of the request for adjustment in cost and/or time with supporting data shall be delivered within fourteen (14) Days after such start of occurrence, unless CONSTRUCTION MANAGER allows an additional period of time to ascertain more accurate data in support of the request.
11.5.3 Proposal Form - CONTRACTOR’s proposal shall be on forms acceptable to CONSTRUCTION MANAGER. CONTRACTOR proposal request shall certify in writing that the amounts included cover all direct, supplemental, indirect, consequential and cumulative costs
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and delays, as applicable, and that those costs and delays would be or were necessarily incurred, despite CONTRACTOR’s reasonable and diligent efforts to mitigate them. Mitigation efforts undertaken by CONTRACTOR should be described.
11.5.4 Proposal Content - Where the change in Contract Price is to be determined on the basis of the cost of the work involved, CONTRACTOR’s itemized estimates shall detail all applicable elements of cost, including, but not limited to, labor hours and payroll costs, quantities, crew mixes, production rates, material costs, Subcontractor and Supplier costs, equipment costs and supplemental costs. Where the change in Contract Price arises from changes in the schedule of all or part of the WORK, or where a change in Contract Time is sought, the submittal shall include analysis required by Article 12. With respect to work during other than normal hours, the labor charges associated with such work shall consist of straight time wages and burden plus the appropriate overtime or shift premium with no additional burden (i.e., fringe benefits) on the premium portion.
11.5.5 Additions and Deletions - The submittal shall cover all aspects of the work involved, whether relating to deleted, added, revised or impacted items of Work. Amounts for Subcontractors or Suppliers at any tier shall be similarly supported.
11.5.6 Requirements for Valid Proposal - No submittal for an adjustment in Contract Price or Contract Time shall be valid unless submitted in accordance with this Article.
11.5.7 Obligation of Surety - All work performed hereunder shall be subject to all of the provisions of the Contract Documents and CONTRACTOR’s sureties shall be bound with reference thereto as under the Agreement. Copies of all amendments to surety Bonds or supplemental surety Bonds shall be submitted to OWNER when requested.
11.5.8 Documentation - CONTRACTOR is required to comply with CONSTRUCTION MANAGER’s documentation requirements regarding format and level of detail for the Change Order process.
11.6 OWNER RIGHT TO DIRECT USE OF COMPETITIVE BID - OWNER reserves the right to direct CONTRACTOR to solicit competitive bids for additional work. If required by OWNER, CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to CONTRACTOR and shall deliver such bids to OWNER who will then determine, with the advice of CONSTRUCTION MANAGER, which bids will be accepted.
ARTICLE 12 -- CHANGE OF CONTRACT TIME
12.1 GENERAL
12.1.1 CONTRACTOR Request For Time Extension - The Contract Time may only be changed by a Change Order or Field Order. Any request by CONTRACTOR for an extension of the Contract Time (or Milestones) shall be based on written notice delivered by CONTRACTOR to CONSTRUCTION MANAGER promptly (but in no event later than seven (7) Days) after the occurrence of the event giving rise to the request and stating the general nature of the request,
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unless otherwise noted. Notice of the extent of the request with supporting data shall be delivered within fourteen (14) Days after such occurrence (unless CONSTRUCTION MANAGER allows an additional period of time to ascertain more accurate data in support of the request) and shall be accompanied by CONTRACTOR’S written statement that the adjustment requested is the entire time adjustment to which CONTRACTOR has reason to believe it is entitled as a result of the occurrence of said event. An increase in Contract Time does not mean that CONTRACTOR is due an increase in Contract Price.
12.1.2 CONTRACTOR Required Analysis - An extension in Contract Time will not be granted unless CONTRACTOR can demonstrate through an analysis of the Critical Path Method Progress Schedule critical path that the increases in the time to perform or complete the WORK, or specified part of the WORK, beyond the corresponding Contract Time arise from unforeseeable causes beyond the control and without the fault or negligence of both CONTRACTOR and his Subcontractors, Suppliers or other persons or organizations, and that such causes in fact lead to performance or completion of the WORK, or specified part in question, beyond the corresponding Contract Time, despite CONTRACTOR’s reasonable and diligent actions to guard against those effects.
12.1.3 OWNER’s Right To Grant Time Extension - OWNER may elect, at its sole discretion, to grant an extension in Contract Time, without CONTRACTOR’s request, because of delays or other factors.
12.2 TIME IS OF THE ESSENCE - With regard to all Milestones and all time limits stated in the Contract Documents, time is of the essence.
12.3 CRITERIA FOR DETERMINING ADJUSTMENTS IN CONTRACT TIME
12.3.1 Use Of Float and Critical Path - Use of float is in accordance with the SPECIAL PROVISIONS.
12.3.2 Types Of Delays Beyond CONTRACTOR’s and OWNER’S Control - Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners, fires, floods, epidemics, abnormal weather conditions, labor slowdowns and strikes or acts of God. CONTRACTOR must provide CONSTRUCTION MANAGER written notice of the potential delay within twenty-four (24) hours of the occurrence.
12.3.3 Subcontractor Delays Within CONTRACTOR Control - Delays attributable to and within the control of Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR. No time extension will be allowed for such delays.
12.4 TIME ONLY ENTITLEMENT
12.4.1 - Where CONTRACTOR is prevented from completing any part of the WORK within the Contract Time (or Milestones) due to delay to a critical path activity beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Time (or Milestones) in an amount
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equal to the time lost on the critical path of the Project due to such delay shall be CONTRACTOR’s sole and exclusive remedy for such delay.
12.4.2 - In no event shall OWNER be liable to CONTRACTOR, any Subcontractor, any Supplier or any other person or organization, or to any surety for or employee or agent of any of them, for damages arising out or resulting from (i) delays caused by or within the control of CONTRACTOR, or (ii) delays beyond the control of both parties including but not limited to fires, floods, epidemics, abnormal weather conditions, acts of God or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7. CONTRACTOR must provide CONSTRUCTION MANAGER written notice of the potential delay within twenty-four (24) hours of the occurrence.
12.5 EXTENSIONS OF TIME FOR DELAY DUE TO WEATHER - An inclement weather delay is defined as a delay caused by inclement weather which prevents CONTRACTOR from working on the controlling item in CONTRACTOR’s construction schedule. Should CONTRACTOR experience inclement weather delays over the course of contract duration in excess of the number of Days outlined in the Supplementary General Conditions, CONTRACTOR shall be granted a time extension in accordance with the provisions outlined in this Article. The time extension shall be based on the number of inclement weather Days in excess of the number of Days outlined in the Supplementary General Conditions.
12.5.1 Extension of Time For Delays due to Weather Damage - If, however, in the opinion of CONSTRUCTION MANAGER, CONTRACTOR has made all reasonable efforts to protect the materials, equipment and work, CONTRACTOR may be granted a reasonable extension of Contract Time to make proper repairs, renewals and replacements of the work, materials or equipment in accordance with Article 12.
ARTICLE 13 -- TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK; WARRANTY AND GUARANTEE
13.1 TESTS AND INSPECTIONS
13.1.1 ACCESS TO WORK FOR TESTING AND INSPECTION - OWNER, CONSTRUCTION MANAGER, their consultants, Sub-Consultants other representatives and personnel of OWNER, independent testing laboratories and governmental agencies with jurisdictional interests will have access to the WORK at reasonable times for their observation, inspecting and testing. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR’s Safety procedures and programs so that they may comply.
13.1.2 Cost of Inspection/Notice - CONSTRUCTION MANAGER will make, or have made, such inspections and tests as CONSTRUCTION MANAGER deems necessary to see that the WORK is being accomplished in accordance with the requirements of the Contract Documents.
Unless otherwise specified, the cost of such inspection and testing will be borne by OWNER. In the event such inspections or tests reveal non-compliance with the requirements of the Contract
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Documents, CONTRACTOR shall bear the cost of corrective measures deemed necessary by CONSTRUCTION MANAGER, as well as the cost of subsequent re-inspection and re-testing.
Neither observations by CONSTRUCTION MANAGER nor inspections, tests or approvals by others shall relieve CONTRACTOR from CONTRACTOR’s obligation to perform the WORK in accordance with the Contract Documents.
CONTRACTOR shall give CONSTRUCTION MANAGER timely notice as specified in the technical specification or five (5) Days if not identified of readiness of the WORK for all required on and off site inspections, tests or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests.
CONSTRUCTION MANAGER shall provide for the services of an independent testing laboratory to perform inspections, tests or approvals required by the Contract Documents except as otherwise specifically provided.
CONTRACTOR shall be responsible for arranging any inspection required by a public entity.
CONTRACTOR shall provide adequate notice to the public entity and to CONSTRUCTION MANAGER for any required inspection.
13.1.3 Right to Stop Work - CONSTRUCTION MANAGER has the right to stop or suspend work activities which will cover CONTRACTOR work product which is to be inspected or tested, or which will interfere with the inspection or testing activities, for a reasonable time and CONTRACTOR will have no right to additional cost or time he may incur as a result of the work stoppage.
13.2 CONTRACTOR INSPECTION AND TESTING RESPONSIBILITY
13.2.1 - CONTRACTOR shall be responsible for performance of tests and inspections in accordance with the SPECIAL PROVISIONS.
13.2.2 If laws or regulations of any public body having jurisdiction other than OWNER require any work to specifically be inspected, tested or approved, CONTRACTOR shall pay all costs.
13.2.3 CONTRACTOR shall be responsible for and shall pay all costs in connection with any inspection or testing required in connection with OWNER’s or CONSTRUCTION MANAGER’s acceptance of a Supplier of materials or equipment proposed as a substitution or “or-equal” to be incorporated in the WORK, or of materials or equipment submitted for review prior to CONTRACTOR’s purchase thereof for incorporation in the WORK.
13.2.4 CONTRACTOR shall pay all related costs, schedule related activities at appropriate times and secure and furnish for CONSTRUCTION MANAGER the required certificates of inspection, testing or approval. Any associated cost and time required by CONTRACTOR for inspections required under Article 13.2 shall be considered as having been included in the Contract Price and in CONTRACTOR’s schedule for the performance of the WORK within the Contract Time.
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13.2.5 All inspections, tests or approvals other than those required by laws or regulations of any public body having jurisdiction shall be performed by organizations acceptable to CONSTRUCTION MANAGER.
13.2.6 CONTRACTOR shall anticipate at a minimum the following testing and inspection requirements over and above those required by the Contract Documents:
Civil Engineering Inspections/Reviews
1. Site grading
2. All form work
3. Concrete placement
4. Final site and grade
5. Storm drainage connections
6. Water facilities
7. IID inspections and equipment approvals
8. Soil amendments
9. Plant materials
10. Mulch materials
11. Irrigation lines and locations
12. Playground equipment installation/certification
13.3 COVERING WORK TO BE INSPECTED
13.3.1 Covered Work Prior To Inspection Or Testing - If any WORK (including the work of others) that is to be inspected, tested or approved is covered without written concurrence of CONSTRUCTION MANAGER, it must, when requested by CONSTRUCTION MANAGER, be uncovered for inspection. CONTRACTOR shall bear all direct, indirect, and consequential costs and damages of such uncovering, unless CONTRACTOR has given CONSTRUCTION MANAGER and/or agencies timely notice of CONTRACTOR’s intention to cover the same, and CONSTRUCTION MANAGER has not acted with reasonable promptness in response to such notice.
13.3.2 Covered Work Contrary To Written Request - If any WORK is covered contrary to the written request of CONSTRUCTION MANAGER, it must, when requested by the CONSTRUCTION MANAGER, be uncovered for CONSTRUCTION MANAGER’s observation and recovered. CONTRACTOR shall bear all direct, indirect and consequential costs and damages of such uncovering.
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13.3.3 CONSTRUCTION MANAGER Right to Direct That Work Be Uncovered For Inspection Or Testing
13.3.3.1 If CONSTRUCTION MANAGER considers it necessary or advisable that covered work be observed by CONSTRUCTION MANAGER or inspected or tested by others, CONTRACTOR, at CONSTRUCTION MANAGER’s request, shall uncover, expose or otherwise make available for observation, inspection or testing as CONSTRUCTION MANAGER may require, that portion of the WORK in question, furnishing all necessary labor, material and equipment.
13.3.3.2 If it is found that such WORK is defective, CONTRACTOR shall bear all direct, indirect and consequential costs and damages of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction, including but not limited to fees and charges of engineers, architects, attorneys and other professionals. However, if such work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction based on the time and materials provisions as outlined in Article 11.
13.4 OWNER MAY STOP THE WORK - If the WORK is determined to be defective by CONSTRUCTION MANAGER, and CONTRACTOR fails to immediately correct the defect or CONTRACTOR fails to perform WORK in such a way that the completed WORK will conform to the Contract Documents, CONSTRUCTION MANAGER may order CONTRACTOR to stop the WORK, or any portion thereof, until the cause for such order has been eliminated; however, this right of CONSTRUCTION MANAGER to stop the WORK shall not give rise to any duty on the part of OWNER or CONSTRUCTION MANAGER to exercise this right for the benefit of CONTRACTOR or any other party. CONTRACTOR shall bear all direct, indirect and consequential costs and damages that result from this stop work notice.
13.5 CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK
13.5.1 CONTRACTOR’s Responsibility - If required by CONSTRUCTION MANAGER, CONTRACTOR shall promptly, either correct all Defective Work, whether or not fabricated, installed or completed, or, if the WORK has been rejected by CONSTRUCTION MANAGER, remove it from the site and replace it with non-Defective Work. CONTRACTOR shall bear all direct, indirect and consequential costs and damages of such correction or removal.
13.5.2 OWNER Acceptance of Defective Work - If, instead of requiring correction or removal and replacement of Defective Work, OWNER prefers to accept the WORK, OWNER may do so.
CONTRACTOR shall bear all direct, indirect and consequential costs attributable to OWNER’s evaluation of and determination to accept such Defective Work. If any such acceptance occurs prior to Final Payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the WORK, and OWNER shall be entitled to an appropriate decrease in the Contract Price, determined by CONSTRUCTION MANAGER and charged to CONTRACTOR through a deductive Change Order.
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13.5.3 OWNER May Correct Defective Work
13.5.3.1 If CONTRACTOR after receiving written notice, from CONSTRUCTION MANAGER or from OWNER, or both, fails within a reasonable time as specified in the notice, to correct Defective Work or to remove and replace rejected WORK, OWNER may correct and remedy any such deficiency. If CONTRACTOR after receiving written notice from CONSTRUCTION MANAGER or OWNER, or both, fails within reasonable time as specified in the notice, to perform the WORK in accordance with the Contract Documents, or fails to comply with any other provision of the Contract Documents, OWNER may correct and remedy any such deficiency.
13.5.3.2 In exercising the rights and remedies under this paragraph OWNER shall proceed expeditiously.
13.5.3.3 In connection with such corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the WORK, and suspend CONTRACTOR’s services related thereto, take possession of CONTRACTOR’s tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere.
13.5.3.4 CONTRACTOR shall allow OWNER, Engineers, Agents and employees, OWNER’s other contractors, CONSTRUCTION MANAGER and DESIGN CONSULTANT access to the site to enable OWNER to exercise the rights and remedies under this paragraph.
13.5.3.5 All claims, costs, losses and damages incurred or sustained by OWNER in exercising such rights and remedies will be charged against CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the WORK, and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may unilaterally issue the Change Order through CONSTRUCTION MANAGER.
13.5.3.6 Such claims, costs, losses and damages will include but not be limited to all costs of repair or replacement of work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR’s Defective Work.
13.5.3.7 CONTRACTOR shall not be allowed an extension of the Contract Time (or Milestones) because of any delay in the performance of the WORK attributable to the exercise by OWNER of OWNER’s rights and remedies hereunder.
13.6 WARRANTY AND GUARANTEE
13.6.1 General - CONTRACTOR warrants and guarantees to OWNER that all work will be in accordance with the Contract Documents and will not be defective. Prompt notice of defects known to OWNER or CONSTRUCTION MANAGER shall be given to CONTRACTOR. All
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Defective Work, whether or not in place, may be rejected, corrected or accepted as provided in this Article 13. Defective Work may be rejected even if approved by prior inspection.
13.6.2 One (1) Year Warranty Period - The warranty period shall commence when the Notice of Completion is issued, at notice of Beneficial Occupancy or at notice of Partial Utilization of the work to be warranted has been issued, or a later date if so specified in the Agreement, or mutually agreed to, and extend until one (1) year after that date or whatever longer period may be prescribed by laws or regulations or by the terms of any applicable special guarantee or specific provision of the Contract Documents.
13.6.3 Correction of Defective Work - If within the designated warranty period, or such longer period as may be required by Laws or Regulations, the WORK, or any part of the WORK, is discovered to be defective, CONTRACTOR shall promptly, without an adjustment in Contract Price and in accordance with OWNER’s or CONSTRUCTION MANAGER’s written instructions, either correct that Defective Work, or if it has been rejected by OWNER or CONSTRUCTION MANAGER, remove it from the site and replace it with non-Defective Work. If circumstances warrant it, including but not limited to, in an emergency, OWNER or CONSTRUCTION MANAGER may have the Defective Work corrected or the rejected WORK removed and replaced. In that event, CONTRACTOR shall not be allowed to recover any associated costs, and he shall reimburse OWNER for all direct, indirect and consequential costs of OWNER, and OWNER shall be entitled to an appropriate decrease in Contract Price, to withhold a set-off against amount recommended for payment, or make a claim on CONTRACTOR’s bond if CONTRACTOR has been paid in full. Where Defective Work (and damage to other WORK resulting therefrom) has been corrected, removed or replaced during the warranty period, the one (1) year warranty period with respect to such WORK will be extended for an additional period of one (1) year after such correction or removal and replacement has been satisfactorily completed.
13.6.4 Early Completion - The one (1) year warranty period will not begin until the Notice of Completion is filed. If CONTRACTOR completes the WORK or portions thereof prior to this time, he shall preserve the equipment and/or facilities by developing and implementing a preventive maintenance program in compliance with manufacturer’s recommendations to maintain the equipment and/or facilities unless OWNER has issued a notice of Beneficial Occupancy or notice of Partial Utilization for the warranted WORK. At start up, CONTRACTOR will be required to get his equipment and/or facilities ready to put into service.
13.7 EXTENDED WARRANTIES AND GUARANTEES - OWNER may at its sole discretion extend the one (1) year warranty period up to twenty-four (24) months, in which case CONTRACTOR shall maintain the warranties and guarantees. If such extension of the one (1) year warranty period causes an increase in the cost of the warranties and guarantees provided by CONTRACTOR, an adjustment in Contract Price shall be made as provided by the Contract Documents.
13.7.1 Extended Warranties and Guarantees - OWNER may extend the one (1) year Warranty period for up to twenty-four (24) additional months.
ARTICLE 14 -- PAYMENTS TO CONTRACTOR AND COMPLETION
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14.1 BASIS FOR PAYMENT
14.1.1 Lump Sum Items
14.1.1.1 General - Items for which quantities are indicated as Lump Sum shall be paid for at the price indicated in the Bid. Such payment shall be full compensation for the items of WORK and all work appurtenant thereto.
14.1.1.2 Critical Path Method (“CPM”) Schedule Used For Payment - Payment for all lump sum costs and services shall be based on the value of WORK accomplished. The allocation of cost to CPM schedule activities will be utilized for payment computation.
14.1.1.3 Critical Path Method Schedule Required - CONTRACTOR shall submit to CONSTRUCTION MANAGER a detailed cost loaded and manpower loaded CPM schedule, to be used as a basis for determining progress payments in accordance with the General Requirements.
14.1.2 Unit Priced Items
14.1.2.1 General - Unit price items will be paid for based on equivalent quantities installed or performed. Unless otherwise specified, quantities of WORK shall be determined from measurements or dimensions in horizontal planes. However, linear quantities of pipe, piling, fencing and timber shall be considered as being the true length measured along the longitudinal axis. Unless otherwise provided in the Specifications, volumetric quantities shall be the product of the mean area of vertical or horizontal sections and the intervening horizontal or vertical dimension. CONTRACTOR and CONSTRUCTION MANAGER will agree on the unit quantity to be used for payment prior to its installation or removal when possible, or immediately after installation.
14.1.2.2 Methods of Measurement - Materials and items of WORK which are to be paid for on the basis of measurement shall be measured in accordance with the methods stipulated in the particular sections involved.
14.1.2.3 Certified Weight - When payment is to be made on the basis of weight, the weighing shall be done on certified platform scales or, when approved by CONSTRUCTION MANAGER, on a completely automated weighing and recording system. CONTRACTOR shall furnish CONSTRUCTION MANAGER with duplicate licensed weighmaster’s certificates showing the actual net weights.
14.1.2.4 Units of Measurement - Measurements shall be in accordance with U.S. standard measures. A pound is an avoirdupois pound. A ton is two thousand (2,000) pounds avoirdupois.
The unit of liquid measure is the U.S. gallon.
14.2 PAYMENT
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14.2.1 Wasted Or Rejected Material - Payment will not be made for materials wasted or disposed of in a manner not called for in the Contract Documents. This includes rejected material not unloaded from vehicles, material rejected after it has been placed and material placed outside of the plan lines. No compensation will be allowed for disposing of rejected or excess materials.
14.2.2 CONTRACTOR Retains Ownership - Payment shall not relieve CONTRACTOR from its obligations under the Agreement, nor shall such payment be construed to be acceptance of any of the WORK. Payment shall not be construed as the transfer of ownership of any equipment or materials to OWNER. Responsibility of ownership shall remain with CONTRACTOR who shall be obligated to store, protect, repair, replace, rebuild or otherwise restore any fully or partially completed WORK or structure for which payment has been made, or replace any materials or equipment required to be provided under the Agreement which may be damaged, lost, stolen or otherwise degraded in any way prior to final acceptance of the WORK.
14.2.3 Payment Does Not Affect Warranty - Guarantee and warranty periods shall not be affected by any payment but shall commence as specified in Article 13.6.2.
14.2.4 Stop Notice - If, within the time fixed by law, a properly executed notice to stop payment is filed with OWNER, due to CONTRACTOR’s failure to pay for labor or materials used in the WORK, all money due for such labor or materials will be withheld from payment to CONTRACTOR in accordance with applicable laws.
14.3 APPLICATION FOR PROGRESS PAYMENT
14.3.1 Payment Due Date - CONTRACTOR shall, on the payment application date designated by CONSTRUCTION MANAGER, submit to CONSTRUCTION MANAGER for review, an Application for Payment filled out and signed by CONTRACTOR covering the WORK completed as of the date of the application and accompanied by such supporting documentation as is required by the General Requirements.
14.3.2 Payment Application Content - The Application for Payment shall identify, as a subtotal, the amount of CONTRACTOR’s total earnings to date, plus the value of materials stored at the site which have not yet been incorporated in the WORK, and less a deductive adjustment for materials previously paid. Payment for such material shall not be construed as acceptance of the material.
14.3.3 Net Payment - The net payment due CONTRACTOR shall be the above-mentioned subtotal from which shall be deducted retainage and the total amount of all previous payments made to CONTRACTOR.
14.3.4 Retention - A retention of five (5) percent of each approved progress payment will be withheld until the work is fifty (50) percent complete; then OWNER may, at its option, refund that portion of retainage held by OWNER that is in excess of five (5) percent of the total of the WORK done to date and thereafter continue to retain five (5) percent of the value of all approved progress payment requests subsequently submitted. When the Notice of Completion is issued, OWNER at its option, may refund any portion of the remaining retention.
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14.3.5 Retainage From Payments - CONTRACTOR may elect to receive one hundred (100) percent of payments due under the Contract Documents from time to time, without retention of any portion of the payment by OWNER, by depositing securities of equivalent value with OWNER in accordance with the provisions of section 22300 of the Public Contract Code. Such securities, if deposited by CONTRACTOR, shall be valued by OWNER, whose decision on valuation of the securities shall be final. Securities eligible for investment under this provision shall be limited to those listed in section 16430 of the Government Code, bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts, standby letters of credit or any other security mutually agreed to by CONTRACTOR and OWNER.
14.3.6 Reinstating Retention - OWNER may reinstate up to five (5) percent retention of the total of the WORK done if OWNER determines, at its discretion, that CONTRACTOR is not performing the WORK satisfactorily or there is other specific cause for such withholding.
14.3.7 Products Stored On and Off Site - Storage and payment for material supplies and/or equipment which will be incorporated into the WORK shall be in accordance with the provisions of the General Requirements.
14.4 CONTRACTOR’S WARRANTY OF TITLE - CONTRACTOR warrants and guarantees that title to all work, materials and equipment covered by an Application for Payment, whether incorporated in the WORK or not, will pass to OWNER at the time of Final Payment free and clear of all liens.
14.5 APPLICATIONS FOR PROGRESS PAYMENT - Thirty (30) Days after presentation of undisputed and properly submitted Application for Payment, the amount will become due and when due will be paid by OWNER to CONTRACTOR.
Any payment request that is disputed or determined to be improper shall be returned to CONTRACTOR not later than seven (7) Days after receipt accompanied by documentation describing the reason(s) why the payment request is not proper.
Any progress payment not made within thirty (30) Days of an undisputed and properly submitted payment request will require OWNER to pay interest as provided by Public Contract Code section 20104.50.
14.6 REJECT PAYMENT FOR DEFECTIVE WORK - CONSTRUCTION MANAGER may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in CONSTRUCTION MANAGER’s opinion to protect OWNER from loss because:
14.6.1 The WORK is defective, or completed WORK has been damaged requiring correction or replacement,
14.6.2 The Contract Price has been reduced by written amendment or Change Order,
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14.6.3 OWNER has been required to correct Defective Work or complete WORK in accordance with Article 13.
14.6.4 CONSTRUCTION MANAGER has actual knowledge of the occurrence of any of the events enumerated in Article 15.
14.7 REJECTION OF PAYMENT BY OWNER - OWNER may refuse to make payment of the full amount recommended by CONSTRUCTION MANAGER because claims have been made against OWNER on account of CONTRACTOR’s performance of the WORK or liens have been filed in connection with the WORK or there are other items entitling OWNER to a credit against the amount recommended, but OWNER must give CONTRACTOR written notice within seven (7) Days (with a copy to CONSTRUCTION MANAGER) stating the reasons for such action.
14.8 SUBSTANTIAL COMPLETION
14.8.1 When CONTRACTOR considers the WORK ready for its intended use CONTRACTOR shall notify CONSTRUCTION MANAGER in writing that the WORK is substantially complete.
CONTRACTOR shall attach to this notice a list of all work items that remain to be completed.
14.8.2 Within a reasonable time thereafter, OWNER, CONTRACTOR and CONSTRUCTION MANAGER shall make an inspection of the WORK to determine the status of completion.
14.8.3 If CONSTRUCTION MANAGER does not consider the WORK substantially complete, or the list of remaining work items to be comprehensive, CONSTRUCTION MANAGER will notify CONTRACTOR in writing giving the reasons therefore.
14.8.4 If CONSTRUCTION MANAGER considers the WORK substantially complete, CONSTRUCTION MANAGER will prepare and deliver to OWNER a notice of Substantial Completion, which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before Final Payment. At the time of delivery of the notice of Substantial Completion, CONSTRUCTION MANAGER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending Final Payment between OWNER and CONTRACTOR with respect to security, operation, Safety, maintenance, heat, utilities, insurance and warranties and guarantees.
14.8.5 OWNER shall have the right to exclude CONTRACTOR from the WORK after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the list of remaining WORK items, or for warranty work.
14.9 PARTIAL UTILIZATION AND BENEFICIAL OCCUPANCY
14.9.1 Partial Utilization - OWNER shall have the right to utilize or place into service any item of equipment or other usable portion of the WORK which is substantially complete prior to completion of all of the WORK. Whenever OWNER plans to exercise said right, CONTRACTOR will be notified in writing with a notice of Partial Utilization signed by OWNER identifying the
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specific portion or portions of the WORK to be so utilized or otherwise placed into service.
Liquidated damages will not be affected.
14.9.2 Beneficial Occupancy - OWNER shall have the right to take control of the entire WORK if it is substantially completed. Whenever OWNER plans to exercise said right CONTRACTOR will be notified in writing with a notice of Beneficial Occupancy. Such use by OWNER will terminate liquidated damages.
14.9.3 Responsibility For Care and Maintenance - It shall be understood by CONTRACTOR that until Beneficial Occupancy or Partial Utilization notices are issued or start up begins, all responsibility for care and maintenance of all of the WORK shall be the responsibility of CONTRACTOR. Upon issuance of said written notice of Beneficial Occupancy or notice of Partial Utilization, OWNER will accept responsibility for the protection and maintenance of all such items or portions of the WORK described in the written notice.
14.9.4 CONTRACTOR Responsible For Completion - CONTRACTOR shall retain full responsibility for satisfactory completion of the WORK, regardless of whether a portion thereof has been partially utilized by OWNER.
14.10 FINAL INSPECTION - Upon written notice from CONTRACTOR that the entire WORK or an agreed portion thereof is complete, CONSTRUCTION MANAGER will make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the WORK is incomplete or defective.
CONTRACTOR shall immediately take such measures as are necessary to complete such WORK or remedy such deficiencies.
14.11 FINAL APPLICATION FOR PAYMENT - After CONTRACTOR has completed all of the remaining work items referred to in Article 14, removed all temporary structures and utilities, cleared the site, delivered all maintenance and operating instructions, schedules, guarantees, Bonds, certificates of inspection, marked-up record documents and other documents, all as required by the Contract Documents, and after CONSTRUCTION MANAGER has indicated that the WORK is acceptable, CONTRACTOR may make application for Final Payment following the procedure for progress payments. The final Application for Payment shall be accompanied by all documentation called for in the Contract Documents, together with complete and legally effective releases or waivers satisfactory to OWNER of all liens arising out of or filed in connection with the WORK. If CONTRACTOR has specific claims outstanding he shall restate these claims by stating the nature of the claim, the basis for entitlement and the estimated value of the claim.
CONTRACTOR shall specifically release OWNER from any other claims not renewed.
14.12 FINAL PAYMENT AND ACCEPTANCE
14.12.1 If, on the basis of CONSTRUCTION MANAGER’s observation of the WORK during construction and final inspection, and CONSTRUCTION MANAGER’s review of the final Application for Payment and accompanying documentation, all as required by the Contract Documents, CONSTRUCTION MANAGER is satisfied that the WORK has been completed and CONTRACTOR’s other obligations under the Contract Documents have been fulfilled,
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CONSTRUCTION MANAGER will, within fourteen (14) Days after receipt of the final Application for Payment, indicate in writing CONSTRUCTION MANAGER’s recommendation of payment and present the Application for Payment to OWNER for payment. CONSTRUCTION MANAGER will also prepare a Notice of Completion.
14.12.2 After acceptance of the WORK by OWNER, OWNER will make Final Payment to CONTRACTOR of the amount remaining after deducting all prior payments and all amounts to be kept or retained under the provisions of the Contract Documents. OWNER will sign the Notice of Completion and file the Notice of Completion with the County Recorder.
14.13 LIQUIDATED DAMAGES
14.13.1 - Failure of CONTRACTOR to complete the WORK within the time allowed will result in damages being sustained by OWNER. For each consecutive calendar Day in excess of the time specified for completion of the WORK, CONTRACTOR shall pay to OWNER, or have withheld from monies due it, the sum provided for in the Contract Documents.
14.13.2 Execution of the Agreement shall constitute agreement by OWNER and CONTRACTOR that specified liquidated damages is the minimum value of the costs and actual damage caused by failure of CONTRACTOR to complete the WORK within the allotted time; that such sum is liquidated damages and shall not be construed as a penalty, and that such sum will be deducted from Final Payment due CONTRACTOR if such delay in completion occurs.
14.14 PARTIAL RELEASE OF RETENTION AT SUBSTANTIAL COMPLETION - If, through no fault of CONTRACTOR, final completion of the WORK is significantly delayed and if CONSTRUCTION MANAGER so confirms, OWNER shall, upon receipt of CONTRACTOR’s final Application for Payment and recommendation of CONSTRUCTION MANAGER, and without terminating the Agreement, make payment of the balance due for that portion of the WORK fully completed and accepted. If the remaining balance to be held by OWNER for WORK not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in Article 5, the written consent of the surety to the payment of the balance due for that portion of the WORK fully completed and accepted shall be submitted by CONTRACTOR to CONSTRUCTION MANAGER with the Application for such payment. Such payment shall be made under the terms and conditions governing Final Payment, except that it shall not constitute a waiver of claims.
14.15 WAIVER OF CLAIMS - The making and acceptance of Final Payment will constitute:
14.15.1 OWNER - A waiver of all claims by OWNER against CONTRACTOR, except claims arising from unsettled liens, from Defective Work appearing after final inspection pursuant to Article 14, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR’s continuing obligations under the Contract Documents; and
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14.15.2 CONTRACTOR - A waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled and specifically renewed in the Application for Payment.
14.16 RELEASE OF RETAINAGE AND OTHER DEDUCTIONS - After executing the necessary documents to initiate the lien period, and not more than thirty-five (35) Days thereafter (based on a thirty (30) Day lien filing period and five (5) Day processing time), OWNER will release to CONTRACTOR the retainage funds withheld pursuant to the Agreement, less any deductions to cover pending third-party claims and liquidated damages against CONTRACTOR.
14.17 CONTRACTOR’S CONTINUING OBLIGATION - CONTRACTOR’s obligation to perform and complete the WORK in accordance with the Contract Documents shall be absolute.
Neither recommendation of any progress or Final Payment by CONSTRUCTION MANAGER, nor the issuance of a Notice of Completion, nor any payment by OWNER to CONTRACTOR under the Contract Documents, nor any use or occupancy of the WORK or any part thereof by OWNER, nor any act of acceptance by OWNER nor any failure to do so, nor any review of a Shop Drawing or sample submittal, will constitute an acceptance of work not in accordance with the Contract Documents or a release of CONTRACTOR’s obligation to perform the WORK in accordance with the Contract Documents.
14.18 TERMINATION OF LIABILITY OF OWNER - The acceptance by CONTRACTOR of final payment referred to in Article 14 herein, shall be a release of OWNER and CONSTRUCTION MANAGER from all claims of liability to CONTRACTOR for anything done or furnished for, or relating to, the WORK or for any act or neglect of OWNER or of any person relating to or affecting the WORK, except demands against OWNER for the remainder, if any, of the amounts kept or retained under the provisions of Article 14 herein; and excepting pending, unresolved claims renewed with the final Application for Payment.
ARTICLE 15 -- SUSPENSION OF WORK AND TERMINATION
15.1 SUSPENSION OF WORK BY OWNER - OWNER, acting through CONSTRUCTION MANAGER, may, at any time and without cause, suspend the WORK or any portion thereof for a period of not more than ninety (90) Days by notice in writing to CONTRACTOR.
CONTRACTOR shall resume the WORK on receipt from CONSTRUCTION MANAGER of a notice of resumption of WORK. CONTRACTOR may submit a request for a change in the Contract Price or of the Contract Time, or both, directly attributable to the suspension as provided in Articles 11 and 12.
15.2 ARCHAEOLOGICAL AND PALEONTOLOGICAL DISCOVERIES
15.2.1 If a discovery is made of an archaeological or paleontological interest, CONTRACTOR shall immediately cease operations in the area of the discovery and shall not continue until ordered by CONSTRUCTION MANAGER. This suspension of work may exceed the ninety (90) Day limit without creating a CONTRACTOR right to terminate the Agreement. When resumed, operations within the area of the discovery shall be as directed by CONSTRUCTION MANAGER.
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15.2.2 Discoveries which may be encountered may include, but not be limited to, dwelling sites, stone implements or other artifacts, animal bones, human bones, fossils or any item with culturally significance.
15.2.3 CONTRACTOR shall be entitled to an extension of time and compensation in accordance with the provisions of the Contract Documents.
15.3 TERMINATION OF AGREEMENT BY OWNER FOR CAUSE
15.3.1 In the event of default by CONTRACTOR, OWNER shall give fourteen (14) Days written notice to CONTRACTOR of OWNER’s intent to terminate the Agreement and provide CONTRACTOR opportunity to remedy the conditions constituting the default.
15.3.2 CONTRACTOR Default - It shall be considered a default by CONTRACTOR when CONTRACTOR:
15.3.2.1 Declares bankruptcy, becomes insolvent, assigns its assets for the benefit of its creditors, or is unable to pay debts as they become due;
15.3.2.2 Fails to provide materials or workmanship meeting the requirements of the Contract Documents, and fails to correct the Defective Work as required by Article 13;
15.3.2.3 Disregards or violates provisions of the Contract Documents or CONSTRUCTION MANAGER’s instructions;
15.3.2.4 Fails to prosecute the WORK according to the approved progress schedule;
15.3.2.5 Fails to provide a qualified superintendent, competent workers or materials or equipment meeting the requirements of the Contract Documents;
15.3.2.6 Fails to maintain license or insurance.
15.3.3 If CONTRACTOR fails to remedy the conditions constituting default within the time allowed, OWNER may then issue the notice of termination.
15.3.4 In the event the Agreement is terminated in accordance with Article 15, OWNER may take possession of the WORK and may complete the WORK by whatever method or means OWNER may select. The cost of completing the WORK shall be deducted from the balance which would have been due CONTRACTOR had the Agreement not been terminated and the WORK completed in accordance with the Contract Documents. If such cost exceeds the balance which would have been due, CONTRACTOR shall pay the excess amount to OWNER. If such cost is less than the balance which would have been due, CONTRACTOR shall not have claim to the difference.
15.4 RIGHTS OF OWNER PRESERVED - Where CONTRACTOR’s services have been so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against
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CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of monies due CONTRACTOR by OWNER will not release CONTRACTOR from liability.
15.5 TERMINATION BY OWNER FOR JUST CAUSE - OWNER may terminate the Contract for just cause at its own discretion or when conditions encountered during the WORK make it impossible or impractical to proceed, or when OWNER is prevented from proceeding with the Agreement by act of God, by law or by official action of a public authority.
15.5.1 Termination for Convenience of OWNER
15.5.1.1 Termination of CONTRACTOR’s Performance of WORK - OWNER may terminate, subject to the express terms and conditions set forth below, CONTRACTOR’s performance of work under this Agreement, in whole or, from time to time, in part, if OWNER’s City Council does not appropriate sufficient monies to fund the Agreement. The City Manager shall terminate on behalf of OWNER by delivering to CONTRACTOR a notice of termination, in writing, specifying the extent of termination and the effective date
15.5.1.2 Notice of Termination - After receipt of the notice of termination, and except as otherwise directed by OWNER’s City Manager, CONTRACTOR shall immediately proceed as follows:
15.5.1.2.1 Stop WORK immediately or as specified in the notice;
15.5.1.2.2 Immediately place no further subcontracts for materials, services or facilities, except as necessary to complete any authorized, continued portion of the Agreement;
15.5.1.2.3 Immediately terminate all subcontracts to the extent they relate to the WORK terminated;
15.5.1.2.4 With approval by OWNER’s City Manager, settle all outstanding obligations arising from the termination of subcontracts, the approval of which will be final for purposes of this clause;
15.5.1.2.5 As directed by OWNER’s City Manager, transfer the title and deliver to OWNER, completed or partially completed drawings, plans, calculations, Specifications and any other documents and records that, if the Agreement has been completed, would be required to be furnished to OWNER;
15.5.1.2.6 Complete performance of the WORK not terminated;
15.5.1.2.7 Take any action that may be necessary, or that OWNER’s City Manager may direct, for the protection and preservation of the property related to the Contract Documents that is in the possession of CONTRACTOR and in which OWNER has or may acquire an interest.
15.5.1.3 Removal of CITY Property - CONTRACTOR may request OWNER to remove OWNER’s property or enter into an agreement for its storage. Within sixty (60) Days, OWNER will accept title of property and remove it or enter into a storage agreement.
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15.5.1.4 Termination Settlement - After termination, CONTRACTOR shall submit a final termination settlement proposal to OWNER’s City Manager in the form and with the certification prescribed by OWNER’s City Manager. CONTRACTOR shall submit the proposal promptly, but not later than six (6) months from the effective date of termination, unless extended in writing, by OWNER’s City Manager upon written request of CONTRACTOR within this six (6) month period. However, if OWNER’s City Manager determines that the facts justify it, a termination settlement proposal may be received and acted on after six (6) months or any extension. If CONTRACTOR fails to submit the proposal within the time allowed, OWNER may, in good faith, determine, on the basis of information available, the fair and reasonable amount, if any, due CONTRACTOR as a result of the termination and pay the amount determined. If CONTRACTOR does not agree that the amount determined by OWNER’s City Manager is fair and reasonable, and if CONTRACTOR gives notice of such disagreement to OWNER in accordance with this paragraph of the Agreement within thirty (30) Days of receipt of payment, then the amount due shall be as fixed in a court of law.
15.5.1.5 Payment for CONTRACTOR Due to Termination - Subject to the above paragraph, CONTRACTOR and OWNER’s City Manager may agree upon the whole or any part of the amount to be paid because of the termination. The amount may include a reasonable allowance for profit on work done. However, the agreed amount, exclusive of costs shown in Paragraph
15.5.1.6.3 below, may not exceed the total dollar amount authorized by OWNER as reduced by (1) the amount of payments previously made; and (2) the Contract Price of work not terminated.
The Contract Documents shall be amended, and CONTRACTOR paid the agreed amount. The paragraph below shall not limit, restrict or affect the amount that may be agreed upon to be paid under this paragraph.
15.5.1.6 Failure to Agree on Payment - If CONTRACTOR and OWNER fail to agree on the whole amount to be paid because of the termination of WORK, OWNER shall pay CONTRACTOR the fair and reasonable amounts determined in good faith by OWNER as follows, but without duplication of any amounts agreed above:
15.5.1.6.1 The Contract Price for completed services accepted by OWNER not previously paid for, adjusted for any saving of freight and other charges.
15.5.1.6.2 The total of:
15.5.1.6.2.1 The costs incurred in the performance of the WORK terminated, including initial costs and preparatory expense allocable thereto, but excluding any costs’ attributable to services paid or to be paid under Paragraph 15.5.1.6;
15.5.1.6.2.2 The fair and reasonable cost of settling and paying termination settlement proposals under terminated subcontracts that are properly chargeable to the terminated portion of the Agreement if not included in paragraph above; and
15.5.1.6.2.3 A sum, as profit on the above paragraph determined by OWNER’s City Manager to be fair and reasonable under the circumstances; however, if it appears that CONTRACTOR would
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have sustained a loss on the entire Agreement had it been completed, OWNER shall allow no profit under this paragraph and shall reduce the settlement to reflect the indicated rate of loss.
15.5.1.6.3 The reasonable costs of settlement of the WORK terminated, including:
15.5.1.6.3.1 Accounting, legal, clerical and other expenses reasonably necessary for the preparation of termination of settlement proposals and supporting data;
15.5.1.6.3.2 The termination and settlement of subcontracts (excluding the amounts of such settlements); and
15.5.1.6.3.3 Storage, transportation and other costs incurred, reasonable necessary for the preservation, protection or disposition of property in which OWNER has or may acquire an interest.
15.5.1.7 Dispute of Payment - If CONTRACTOR does not agree that the amount determined by OWNER’s City Manager under the paragraph above is fair and reasonable and if CONTRACTOR gives notice of such disagreement to OWNER in accordance with Paragraph 15.5.1.4 of this Contract within thirty (30) Days of receipt of payment, then the amount due shall be as determined in a court of law.
15.5.1.8 Payment for Property Destroyed, Lost Stolen or Damaged - Except to the extent that OWNER expressly assumed the risk of loss, OWNER’s City Manager shall exclude from the amounts payable to CONTRACTOR under Paragraph 15.5.1.6 above, the fair value, as determined by OWNER’s City Manager, of property that is destroyed, lost, stolen or damaged so as to become undeliverable to OWNER.
15.5.1.9 Determination of Amount Due CONTRACTOR - In arriving at the amount due CONTRACTOR under this clause, there shall be deducted:
15.5.1.9.1 All unliquidated advance or other payments to CONTRACTOR under the terminated portion of this Agreement;
15.5.1.9.2 Any claim which OWNER has against CONTRACTOR under this Agreement; and
15.5.1.9.3 The agreed price for, or the proceeds of sale of, materials, supplies or other things acquired by CONTRACTOR or sold under the provisions of this clause and not recovered by or credited to OWNER.
15.5.2 Partial Termination - If the termination is partial, CONTRACTOR may file a proposal with OWNER’s City Manager for an equitable adjustment of the price(s) of the continued portion of the Agreement. OWNER shall make any equitable adjustment agreed upon. Any proposal by CONTRACTOR for an equitable adjustment under this clause shall be requested within ninety (90) Days from the effective date of termination unless extended, in writing, by OWNER’s City Manager.
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15.5.2.1 Partial Termination Payment - OWNER may, under the terms and conditions it prescribes, make partial payment and payments against costs incurred by CONTRACTOR for the terminated portion of the Agreement if OWNER’s City Manager believes the total of these payments will not exceed the amount to which CONTRACTOR will be entitled. If the total payments exceed amount finally determined to be due, CONTRACTOR shall repay the excess to OWNER upon demand, together with interest. Interest shall be at a rate of six (6) percent per annum compounded daily and shall be computed for the period from the date the excess payment is received by CONTRACTOR to the date the excess is repaid. Interest shall not be charged on any excess payment due to a reduction in CONTRACTOR’s termination settlement proposal because of retention or disposition, or a later date determined by OWNER’s City Manager because of the circumstances.
15.5.5.3 Records and Documents Relating to Termination - Unless otherwise provided in the Agreement or by statute, CONTRACTOR shall maintain all records and documents relating to the terminated portion of this Agreement for three (3) years after final settlement. This includes all books and other evidence bearing on CONTRACTOR’s costs and expenses under this Agreement.
CONTRACTOR shall make these records and documents available to OWNER, at CONTRACTOR’s office, at all reasonable times, without any direct charge. If approved by OWNER’s City Manager, photographs, microphotographs or other authentic reproductions may be maintained instead of original records and documents.
15.6 TERMINATION OF AGREEMENT BY CONTRACTOR - CONTRACTOR may terminate the Agreement upon ten (10) Days written notice to OWNER, whenever:
15.6.1 the WORK has been suspended under the provisions of Article 15, for more than ninety (90) consecutive Days through no fault or negligence of CONTRACTOR, and notice to resume work or to terminate the Agreement has not been received from OWNER within this time period; or,
15.6.2 OWNER should fail to pay CONTRACTOR any monies due him in accordance with the terms of the Contract Documents and within ninety (90) Days after presentation to CONSTRUCTION MANAGER by CONTRACTOR of a request therefor, unless within said ten (10) Day period OWNER shall have remedied the condition upon which the payment delay was based.
15.6.3 In the event of such termination, CONTRACTOR shall have no claims against OWNER except for those claims specifically enumerated in Article 15, herein, and as determined in accordance with the requirements of said paragraph.
ARTICLE 16 - DISPUTES
16.1 GENERAL - All claims, counterclaims, disputes and other matters in question arising under, or relating to, the Contract Documents and/or the breach thereof shall be processed in accordance with the provisions of this Article and are subject to audit by OWNER’s internal audit staff in accordance with Article 17.
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16.2 REQUESTS FOR CHANGE
16.2.1 CONTRACTOR’s Right To Request a Change - In accordance with Articles 11 and 12, CONTRACTOR may request a change in the Contract Price or an extension of the Contract Time.
Such a request shall be in writing, and shall be delivered to CONSTRUCTION MANAGER within the time periods outlined in Articles 11 and 12.
16.2.2 Initial Determination - CONSTRUCTION MANAGER shall make an initial determination on CONTRACTOR’s request in writing, within twenty (20) working Days of receipt of the requested supporting data.
16.2.3 CONTRACTOR Appeal and Claim - Should CONTRACTOR disagree with CONSTRUCTION MANAGER’s initial determination, CONTRACTOR may file a Claim requesting a final determination from CONSTRUCTION MANAGER. Such a request shall be in writing, and shall be delivered within twenty (20) working Days after receipt of CONSTRUCTION MANAGER’s initial determination, and after certifying his Claim in accordance with Paragraph 16.3.
16.2.4 Waiver Of Rights - Failure of CONTRACTOR to notify CONSTRUCTION MANAGER and deliver supporting data in accordance with the time periods outlined above or failure to respond to CONSTRUCTION MANAGER’s initial determination within the time period outlined in this paragraph, shall be deemed to be a waiver of objection or right to further Claim of this matter.
16.3 CLAIMS
16.3.1 Claims shall be processed pursuant to the provisions of Public Contract Code Section 9204, attached and incorporated as if fully set forth herein
16.5 VENUE
16.5.1 State of California - CONTRACTOR, and any Subcontractor, Supplier and any other person or organization performing any part of WORK, agree that each of them will waive jurisdiction and venue and shall submit to the jurisdiction of the courts of the State of California, regardless of residence or domicile, with respect to any actions or suits at law or in equity arising under or related to the bidding, award or performance of the WORK.
16.5.2 County Where OWNER’s Headquarters Located - CONTRACTOR, Subcontractor, Supplier or any other person or organization shall not commence any action, other than those in the State of California in the county where OWNER’s Headquarters are located, against OWNER and CONSTRUCTION MANAGER or any of their consultants, and/or any of their respective directors, officers, employees, representatives or agents, with regard to any matter whatsoever arising out of or relating to the validity, construction, interpretation or reinforcement of the Agreement.
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ARTICLE 17 -- MISCELLANEOUS
17.1 GIVING NOTICE - Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice.
17.2 CUMULATIVE REMEDIES - The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by the General Conditions and all of the rights and remedies available to OWNER and CONSTRUCTION MANAGER thereunder are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by laws or regulations, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply.
17.3 PROFESSIONAL FEES AND COURT COSTS INCLUDED - Whenever reference is made to claims, costs, losses and damages, it shall include in each case, but not be limited to, all fees and charges of engineers, architects and other professionals and all court or arbitration or other dispute resolution costs. Attorneys’ fees are specifically excluded and shall be the responsibility of each party.
17.4 RIGHT TO AUDIT
17.4.1 Owner’s Right - If CONTRACTOR submits a Claim or a time and material Change Order to OWNER for additional compensation, OWNER shall have the right, as a condition to considering the Claim, and as a basis for evaluation of the Claim, and until the Claim has been settled, to audit CONTRACTOR’s books to the extent they are relevant.
17.4.2 Right Includes - This right shall include the right to examine books, records, documents and other evidence and accounting procedures and practices, sufficient to discover and verify all direct and indirect costs of whatever nature claimed to have been incurred or anticipated to be incurred and for which the claim has been submitted.
17.4.3 Right To Inspect Plans - The right to audit shall include the right to inspect CONTRACTOR’s plans, or such parts thereof, as may be or have been engaged in the performance of the WORK.
17.4.4 CONTRACTOR further agrees that the right to audit encompasses all subcontracts and is binding upon Subcontractors. The rights to examine and inspect herein provided for shall be exercisable through such representatives as OWNER deems desirable during CONTRACTOR’s normal business hours at the office of CONTRACTOR.
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17.4.5 Accounting Records - CONTRACTOR shall make available to OWNER for auditing, all relevant accounting records and documents, and other financial data, and upon request, shall submit true copies of requested records to OWNER.
17.5 ALL LEGAL PROVISIONS INCLUDED - All provisions of law required to be inserted in the Agreement or Contract Documents shall be and are inserted herein. If through mistake, neglect, oversight or otherwise, any such provision is not herein inserted or inserted in improper form, upon the application of either party, the Agreement or Contract Documents shall be changed by OWNER, at no increase in Contract Price or extension in Contract Time, so as to strictly comply with the law and without prejudice to the rights of either party hereunder.
17.6 NO CONFLICT WITH LAWS OR REGULATIONS
17.6.1 The duties, obligations, criteria or procedure imposed by these General Conditions and the rights and remedies made available are in addition to, and are not to be construed in any way as a limitation of any rights and remedies available to any or all of them which are otherwise imposed or available by laws or regulations, except that in the event that a specific part or detailed requirement of a provision, criterion or procedure in these General Conditions and a specific part or detailed requirement of a provision, criterion or procedure imposed or available by laws or regulations are in conflict, the specific part or detailed requirement of such provision, criterion or procedure imposed or available by laws or regulations in conflict shall govern. All other specific parts or detailed requirements in the provisions, criteria or procedures of the applicable laws or regulations and these General Conditions not in conflict shall remain in full force and effect and be read with the controlling specific part or detailed requirement.
17.6.2 The provisions of paragraph 17.6 will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply.
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SUPPLEMENTARY GENERAL CONDITIONS
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SUPPLEMENTARY GENERAL CONDITIONS
GENERAL
These Supplementary General Conditions make additions, deletions or revisions to the General Conditions as indicated herein. All provisions which are not so added, deleted or revised remain in full force and effect. Terms used in these Supplementary General Conditions which are defined in the General Conditions have the meanings assigned to them in the General Conditions.
SGC-1 DEFINITIONS
Apparent Low Bidder - The Bidder whose Bid, having been publicly opened and read aloud, meets all the material requirements of the Bidding Documents, OWNER deems responsible in accordance with the OWNER’s municipal code, and whose Bid price is the lowest received SGC-5.1 PERFORMANCE AND OTHER BOND AMOUNTS
CONTRACTOR shall furnish a satisfactory Performance Bond in the amount of one hundred (100) percent of the Contract Price and a satisfactory Payment Bond in the amount of one hundred (100) percent of the Contract Price.
SGC-5.2
SGC-6.18 SAFETY
SGC-6.18.3 CONTRACTOR shall provide a qualified on-site health and Safety representative, accepted by CONSTRUCTION MANAGER, with the authority to enforce all of the Safety requirements of CONTRACTOR’s health and Safety program, including implementation of CONTRACTOR’s injury and illness prevention program. CONSTRUCTION MANAGER will make a risk-based decision as to the qualification level of CONTRACTOR’s Safety representative.
During periods of active construction (i.e., excluding weekends, weather delays or other periods of work inactivity), CONTRACTOR must have a designated representative on the construction worksite who is knowledgeable of the Project’s hazards and has full authority to act on behalf of CONTRACTOR. CONTRACTOR’s designated representative must make frequent and regular inspections of the construction worksite to identify and correct any instances of noncompliance with the Project health and Safety requirements.
SGC-6.5 SUBCONTRACT LIMITATIONS
In addition to the provisions of Paragraph 6.5 of the General Conditions, CONTRACTOR shall perform not less than twenty (20) percent of the WORK with its own forces (i.e., without subcontracting). The twenty (20) percent requirement shall be understood to refer to the WORK, the value of which totals not less than twenty (20) percent of the Contract Price.
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SGC-11.3.4 EQUIPMENT RENTAL RATES
CONTRACTOR will be paid for the use of equipment at the rental rate listed for such equipment specified in the current edition of the following reference publication:
A. “Rental Rate Blue Book” as published by Dataquest (a company of the Dunn and Bradstreet Corporation), 1290 Ridder Park Drive, San Jose, CA 95131, telephone number (408) 437-8000 or outside of California (800) 669-3282
SGC-12.5 INCLEMENT WEATHER DELAYS
CONTRACTOR’s construction schedule shall be based upon the inclusion of five (5) Days of inclement weather delays.
An inclement weather delay is defined as a delay caused by inclement weather which prevents CONTRACTOR from working on the controlling item in CONTRACTOR’s construction schedule. Should CONTRACTOR experience inclement weather delays over the course of contract duration in excess of the number of Days outlined above, CONTRACTOR shall be granted a time extension in accordance with the provisions outlined in Article 12 of the General Conditions. The time extension shall be based on the number of inclement weather Days in excess of the number of Days outlined above.
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SGC-13.1 PUBLIC CONTRACT CODE SECTION 9204
(a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner. (b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project. (c) For purposes of this section:
(1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project. (B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the public entity. (2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project. (3) (A) “Public entity” means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency. (B) “Public entity” shall not include the following:
(i) The Department of Water Resources as to any project under the jurisdiction of that department.
(ii) The Department of Transportation as to any project under the jurisdiction of that department. (iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department.
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(iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code.
(v) The Military Department as to any project under the jurisdiction of that department. (vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority.
(4) “Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor. (d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision. (B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant 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, the public entity 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 claimant a written statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply.
(2) (A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute.
(B) 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, the public entity shall provide the claimant
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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 the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. 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. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section.
(C) 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. (D) Unless otherwise agreed to by the public entity 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.
(E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute.
(3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. (4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.
(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim.
Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for
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not having done so.
(e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. (f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section.
(g) This section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations.
(i) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. - END OF SUPPLEMENTARY GENERAL CONDITIONS –
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EL CENTRO WASTEWATER TREATMENT PLANT
SECONDARY CLARIFIERS 1 AND 2
REHABILITATION PROJECT
AND
EL CENTERO WATER TREATMENT PLANT
SOUTH CLARFIER REHABILITATION PROJECT
TECHNICAL SPECIFICTIONS
Table of Contents
Section 01005 General Provisions
Section 01050 Sequencing of the Work (WWTP Secondary Clarifiers) Section 01051 Sequencing of the Work (WTP South Clarifier) Section 02050 Demolition
Section 09905 Protective Coatings (WWTP and WTP Clarifiers) Section 11330 Secondary Clarifier Equipment (WWTP Secondary Clarifiers)
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Packet Pg. 233 Attachment: Clarifiers Rehabilitation Complete Spec set (5221 : Approve Plans and Specs WWTP Clarifier 1 and 2 refurbish) SECTION 01005
GENERAL PROVISIONS
PART 1 – GENERAL
1.01 Description. This section covers general provisions and requirements for the work.
A. General description of work for WWTP. The work to be performed under the provisions of these contract Documents consists of furnishing all materials, equipment, and tools; the appurtenant thereto, for the demolition of existing equipment/structures, and installation, testing and start-up of ContractorFurnished Contractor-Installed clarifier mechanisms for secondary clarifiers #1 and 2 including refurbishing existing bridge and center drive assembly at the City Waste Water Treatment Plant.
B. General description of work for WTP. The work to be performed under the provisions of these contract Documents consists of furnishing all materials, equipment, and tools; the appurtenant thereto for the sandblasting and recoating of South Clarifier at the City Potable Water Treatment Plant.
C. Requirements included in This Section. Principal item are:
1. Access to existing plant.
2. Applicable codes.
3. Abbreviations
4. Project Meetings
5. Shop Drawings and certificates.
6. Quality assurance.
7. Supply of chemicals, fuels, and lubricants.
8. Testing and start-up
9. Precedence of Contract Document.
1.02 Existing Treatment Plant. Maintain the access road to the existing plant in an open, clean and smooth condition during the entire period of the Work. At no time shall the Contractor’s personnel enter the existing treatment plant laboratory or control building or Notify Plant Superintendent forty-eight (48) hours prior to any required shutdown and coordinate all activities with him.
1.03 Construction Schedule Required. A construction schedule using a bar chart shall be submitted one (1) week prior to the Preconstruction Conference. This schedule shall provide system, with proper interfacing of work by others; and shall identify the critical path through the schedule which will result in the successful, timely completion of Project.
1.04 Applicable Codes. This Article lists without limitation the laws and codes by which the
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Packet Pg. 234 Attachment: Clarifiers Rehabilitation Complete Spec set (5221 : Approve Plans and Specs WWTP Clarifier 1 and 2 refurbish) Work has been designed and to which the Contractor shall conform in the prosecution of the Work. The Contractors shall make available for their use at the site such copies of laws, regulations or codes applicable to the Work as the Owner or Engineer may request of him.
A. Laws and Regulations.
1. Governing Law. The Contract Documents shall governed by the law of theState of California.
2. Compliance. The Contractor shall inform himself of all laws, ordinances, codes rules and regulations in any manner affecting those employed on the Work, or the materials used in the Work, or in any way affecting the conduct of the Work, and all orders and decrees of bodies or tribunals having any jurisdiction or authority over the Work. He shall at all times himself give all notices and observe and comply with, and shall require all his agents, employees, Subcontractors and Sub- subcontractors to observe and comply with all such applicable laws , ordinances, rules , regulations, orders and decrees in effect or which may become effective before completion and acceptance of the Work; and shall protect and indemnify the Owner and Engineer against any claim of liability arising from or based upon the violation of any such law, ordinance , code , rule, regulation, order, or decree, whether by himself, his employees, or his Subcontractors or Sub-subcontractors, or any other person or organization employed for or upon the Work. If the Contractor observes that any requirement of the Contract Documents is at variance with such laws, ordinances, codes, rules, regulations, orders or decrees, he shall propyl notify the Owner in writing and shall not proceed with any Work affected by such variance without the Owner’s written instructions or the issuance of an appropriate Modification.
3. Permits Fees and Taxes. Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for all permits, governmental fees,Contractor shall pay all sales, consumer use, and other taxes required by law, including all taxes properly assessed against his equipment or property used connection with the Work.
4. Provision of Law Deemed inserted Each and every provision of law required by law to be inserted in the Contract Documents shall be deemed to be inserted and the Contract Documents shall be read and enforced as though it were included. If through mistake or otherwise any such provision is not inserted, or is not correctly inserted , then upon application of either party to the contract Agreement the Contract Documents will be physically amended to make such insertion or correction and an appropriate Modification will be issued.
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5. Safety Measures. The Contractor shall comply with all laws, ordinances, codes, rules, regulations and lawful orders of any public authority having jurisdiction for the safety of persons or property, or to protect them from damage, injury or loss. The Contractors shall comply with the “Manual of Accident Prevention in Construction” published by the Associated General Contractors of America, Inc. Including the recommendations for safe construction methods and the requirements for the guarding of machinery and equipment therein, to the extent that the provisions of the manual are not in conflict with applicable law, ordinances, rules, regulations, and orders. The contractor shall maintain copies of all documents mentioned or referenced in this paragraph readily available at the site until the Work is completed.
B. Codes.
1. Uniform Building Code, Current Edition and supplements.
2. Title 8 Industrial Relations, California Administrative Code, Chapter 4, Division of Occupational Health and Safety, Safety Orders.
3. Title 19, Public Safety, California Administrative Code, State Fire Marshall.
4. Title 24, California Administrative Code, Electrical Safety Orders.
5. Current Uniform Plumbing Code.
6. The National and Local Electrical Codes.
7. National Fire Protection Association
8. State and Local Public Health Codes.
C. Specifications. Standard specifications, State of California Business and Transportation Agency, Department of Transportation, Current Edition, referred to in the Contract Documents as Caltrans Standard Specifications or Standards Specifications.
1.05 Abbreviations. This Article defines the abbreviations used in the Contract Documents.
Abbreviations used in the Contract Documents shall be interpreted according to their recognized and well-known technical or trade meanings; such abbreviations include, but are not limited to the following:
AASHTO American Association of State Highway and TransportationOfficials.
ACI American Concrete Association
AGA American Gas Association
AISC American Institute of Steel Construction, Inc.
AISI American Iron and Steel Institute
AMPP Association for Materials Protection and Performance ANSI American National Standards Institute
APA American Plywood Association.
APWA American Public Works Association.
ASA American Standards Association.
ASCE American Society of civil Engineers.
ASME American Society of Mechanical Engineers.
ASTM American Society for Testing and Materials.
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Packet Pg. 236 Attachment: Clarifiers Rehabilitation Complete Spec set (5221 : Approve Plans and Specs WWTP Clarifier 1 and 2 refurbish) AWS American Welding Society.
AWWA American Water Works Association.
Cal/OSHA California Occupational Safety and Health Administration.
CLFMI Chain Link Fencing Manufactures institute.
CS Commercial Standard, (U.S. Department of Commerce)
DFPA Douglar Fir Plywood Association.
FedSpec Federal Specification
HI Hydraulics Institute
ICBO International Conference of Building Officials
IEEE Institute of Electrical and Electronic Engineers
IPCEA Insulated Power Cable Engineers Association.
MIL Military Specifications (leading symbol).
NEC National Electrical Code
NEMA National Electrical Manufacturers Association.,
NFPA National Fire Protection Association.
NSF National Sanitation Foundation.
OSHA Occupational Safety and Health Administration, (U.S Department of Labor, as defined In the General Conditions).
PCA Portland Cement Association.
PS Product Standard, (U.S Department of Commerce).
UBC Uniform Building Code.
UL Underwriter’s Laboratories, Inc.
WIC Woodwork institute of California
WWPA Western Wood Products Association
1.06 Field Check of Existing Structures. It shall be the responsibility of the Contractor to check all dimensions and elevations of existing structures, pipelines, grades or other existing items affected by or affecting the Work under this Contract, prior to the start of construction or ordering of materials and equipment affected thereby. The Contractor shall be solely responsible for determining the extent and cost off all removal and salvage operations. Any delay or extra expense to the Contractor due to encountering construction, piping or grades not shown or in locations different from those indicated on the Drawings shall not constitute a claim for extra Work, additional payment or damages.
1.07 Protection of and Connection to Existing Facilities. In the performance of the work contemplated under this Contract, the Contractor shall take all precautions necessary to ensure that all existing facilities are not damaged of interfered with in any way.
Should Contractor disturb or damage such facilities without authorizations, all expense for replacement or repair of the facilities so disturbed or damage shall be done by the Contractor. The owner has diligently attempted to correctly locate and show the existing pipe-lines and substructures in the vicinity of the work, but the owner does not guarantee that there are not pipeline other than those shown, nor that the locations shown are entirely correct. Failure of the Owner to show all the pipelines and substructures and their locations shall not be basis for claim for extra Work. Prior to performing any excavation within the site the Contractor shall sufficiently probe,
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Packet Pg. 237 Attachment: Clarifiers Rehabilitation Complete Spec set (5221 : Approve Plans and Specs WWTP Clarifier 1 and 2 refurbish) pothole or otherwise ascertain the location of all underground facilities such that no damage to these facilities will occur.
1.08 Guarantee. The Contractor shall guarantee that the equipment, materials and workmanship furnished under this contract will be as specified and will be free from defects for a period of one(1) year from date of final – payment. In addition, the equipment furnished by the Contractor shall be guaranteed to be free from defects in design. Within the guarantee period and upon notification of the Contractor by the Owner, the Contractor shall promptly make all need adjustments, repairs or replacements arising out of defects which, in the judgment of the Owner, become necessary during such period. The cost of all materials, parts, labor, transportation, supervision, special tools and supplies required for correction of abnormalities shall be paid by the Contractor. The Contractor also extends the terms of this guarantee to cover repaired parts and all replacements parts furnished under this guarantee provision for a period of one (1) year from the date of their installation by the Contractor .If within fifteen (15) days, unless specified otherwise, after the Owner gives the Contractor notice of a defect ,failure of abnormalities of the work, the Contractor neglects to make or undertake with due diligence the necessary repairs or adjustments, the Owner may make the repairs or adjustments or order the Work to be done by a third party, with the cost of the Work to be paid by the Contractor.
1.09 Land for Construction Purposes. The Contractor may be permitted to use certain space belonging to the Owner, near the site of the Work, for construction purposes and for the storage of material. The location and extend of the area will be designated by the Owner. It shall be clearly understood that the responsibility for the protection and safekeeping of equipment and materials on or near the site will be entirely that of the Contractor and that no claim shall be made against the Owner by reason of any act of trespasser. No materials or equipment may be placed upon the property of the Owner until the Owner has approved the location to be used for storage and established the conditions of use.
1.10 Permits and license. The Contractor shall procure all permits and licenses required to construct the facilities, shall pay all charges and fees ,shall pay all costs for complying with special requirements, and shall give notice necessary and incident to the execution of the Work.
1.11 Patents. Royalties and fees from patents covering material, articles, apparatus, devices, or equipment (as distinguished from processes) used in the Work, shall be included in the contract amount. The Contractor shall satisfy all demands that may be made at any time for such royalties or fees and he shall be liable for any damages or claims for patent infringements. The Contractor shall, at his own cost and expenses, defend all suits or proceedings that may be instituted against the Owner for infringement or alleged infringement of any patents involved in the Work and, in case of an award of damages, the Contractor shall pay such award. Final payment to the Contractor by the Owner will not be made while any suit or claim remains unsettled.
The Contractor, however, will not be held liable for the defense of any suit or other proceeding, nor for the payment of any damages or other costs for the infringement of
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Packet Pg. 238 Attachment: Clarifiers Rehabilitation Complete Spec set (5221 : Approve Plans and Specs WWTP Clarifier 1 and 2 refurbish) any patented process required by the Contract Documents; except if the contractor has information that the process so required is an infringement of a patent, the Contractor shall be liable for any damages of claims in connection therewith unless he promptly notifies the Owner of such infringement.
1.12 Cooperation with Others. In the fulfilment of his Contract obligations, the Contractor shall not willfully or unnecessarily interfere with the operation of the El Centro Wastewater Treatment Plant nor with the work forces engaged in plant maintenance or repairs, nor with any other contractors engaged in work at the plant. The Contractor shall have equal right –of-way with Owner Forces and other contractors on existing roads within the plant area and plant access road in moving equipment and materials into and out of the work areas; however, such authority shall not be construed as allowing the Contractor to interfere with the continuous operation of the treatment plant. The Contractor shall cooperate with others doing work in the area or who require access to various parts of the site. Whenever there is interference between Work under this Contract and work or access by others, the Owner shall decide the manner in which the work shall proceed. The Contractor shall cooperate in scheduling his Work as required by the Owner. In the performance of the Work contemplated under this contract , the Contractor shall take all precautions necessary to ensure that all existing facilities required for the operation of the plant are not damaged or interfered with in any way. The Contractor will not have responsibility for the operation of the facilities during construction , but this will in no way relieve the Contractor of the responsibility of providing adequate temporary facilities wherever or whenever they may be required.
1.13 Unfavorable Construction Conditions. During unfavorable weather, wet ground , or other unsuitable construction conditions , the Contractor shall confine his operation to Work which will not be affected adversely thereby. No portion of the work shall be constructed under conditions which would affect adversely the quality or efficiency thereof, unless special means or precautions are taken by the Contractor to perform the Work in a proper and satisfactory manner as determined by the owner.
1.14 Dust Control Water. Raw water is available onsite and may be used for Dust Control purposes at the WWTP and WTP. Potable water is available onsite at both facilities.
Contractor shall obtain a construction water meter by filling an application at 1275 W.
Main Street for such potable water construction water meter. There is a $500 deposit required to be paid by the contractor.
1.15 Access Roads. The contractor shall maintain the existing access road to the treatment plant in an acceptable condition as determined by the Owner. At the completion of Work, the Contractor shall restore the access road to the plant to a condition equal to or better than their existing condition. The Owner shall be the sole judge of final acceptance.
1.16 Site Protection. The Contractor will be allowed to remove fencing in approved locations to facilitate construction access if necessary upon approval by the plant chief.
However, the site shall always be fenced by approved fencing, either new fencing or Contractor’s work area fencing. No new work access shall be left open during time
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Packet Pg. 239 Attachment: Clarifiers Rehabilitation Complete Spec set (5221 : Approve Plans and Specs WWTP Clarifier 1 and 2 refurbish) when active construction Work is not ongoing. No equipment storage or packing will be allowed by the Contractors within the confines of the existing plant without prior specific permission of the City Engineer.
PART 2- PRODUCTS. (Not applicable)
PART 3 EXECUTION
3.01 Project meetings
A. Attendees. Unless otherwise specified or required by the Owner, the meetings shall be attended by the Owner, the project Manager, the Contractor and his Superintendent. Subcontractors may attend when involved the matters to be discussed or resolved, but only when requested by the Owner, Engineer, or Contractor.
B. Meeting Records. The owner will record minutes of each meeting and will furnish copies to the Contractor within five (5) working days thereafter. If the Contractor does not submit written objection to the contents of such minutes within seven (7) days after presentation to him, it shall be understood and agreed that the Contractor accepts the minutes as a true and complete record of the meeting.
C. Meeting Schedule The dates, times and locations for the various meetings shall be agreed upon and recorded at the preconstruction conference. Thereafter, changes to the schedule shall be by agreement between the Owner and the Contractor, with appropriate written notice to all parties involved.
3.02 Preconstruction Conference.
Following the issuance of the Notice to Proceed, a Preconstruction Conference shall be held at the location, date, and time designated by the Owner. In addition to the attendees named herein before, the meeting shall be attended by the representatives of regulatory agencies having jurisdiction of theProject, if required and such other persons the Owner may designate. The Contractor shall submit construction schedule and schedule of values one week prior to conference in order to allow time for study.
A. Agenda. In general, the matters to be discussed or resolved and the instructions and information to be furnished to or given by the Contractor at the Preconstruction Conference include:
1. Project meeting schedule
2. Construction Plans, progress schedule of values submitted by the contractor
3. Communications Procedures between the parties.
4. The name and titles of all persons authorized by the Contractor to
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Packet Pg. 240 Attachment: Clarifiers Rehabilitation Complete Spec set (5221 : Approve Plans and Specs WWTP Clarifier 1 and 2 refurbish) represent and execute documents for him, with sample of all authorized signatures
5. The names, addresses, and telephone numbers of all those authorized by the Contractor to act for him in emergencies.
6. Construction permit requirements, procedures, and posting.
7. Review of construction schedule as it pertain to the interfacing of work by others.
8. Access and rights-of-way- furnished by the owner.
9. Forms and procedure for Contractor’s submittal.
10. Change Order forms and procedures.
11. Payment application forms and procedure and revised progress schedule reports to accompany the applications.
12. Designation of the Contractor’s Safety Officer and his qualifications
13. First- aid and medical facilities to be furnished by Contractor.
14. Contractor’s provisions for barricades, traffic control, utilities, sanitary facilities, and other temporary facilities and controls.
15. Inspector and his duties
16. Construction Equipment and methods proposed by the Contractor
17. Procedures for payroll and labor cost reporting by the Contractor.
18. Procedures to ensure nondiscrimination in employment on and for the Work.
19. Other administrative and general matters as needed.
3.03 Progress Meetings. The meetings shall be held in accordance with the agreed schedule as stated in Paragraph 3.01,C, of this section. All matters bearing on the progress and performance of the Work since the preceding progress meeting shall be discussed and resolve, including without limitation any previously unresolved matters, deficiencies in the Work or the methods being employed for the Work, and problems, difficulties, or delays which may be encountered
3.04 Regulatory Agencies. When requested, the Contractor shall attend meetings held or required by the governmental agencies having jurisdiction over the Project.
3.05 Postconstruction conference. A Postconstruction Conference shall be held prior to final inspection of the Work to discuss and resolve all unsettled matters. The Bonds and insurance to remain in force, and the other documents required to be submitted by the procedures for the final inspection process, and for the correction of defects and deficiencies shall be discussed and agreed upon.
3.06 Shop Drawings. Prepare shop Drawings as follows:
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Packet Pg. 241 Attachment: Clarifiers Rehabilitation Complete Spec set (5221 : Approve Plans and Specs WWTP Clarifier 1 and 2 refurbish) A. Title Block and identification. On each shop Drawing , provide a space for the Engineer’s approval or correction stamp and a title block showing:
1. Name and address of the Work.
2. Name and address of the Contractor.
3. Name and address of Subcontractor, manufacturer, supplier, or distributor as applicable.
4. Name and address of owner.
5. Date, scale of drawings, and identification number.
6. Contractor’s review and approval stamp
B. Preparation and size. Details and information shall be clearly drawn, dimensioned, noted, and cross-referenced. Unless otherwise approved, prepare Shop Drawings of the same size as the full size Contract Drawing or on 8-1/2 by 11- inch sheets as applicable.
C. Data. Submit with the shop Drawings, complete catalog and technical data for all manufactured products, materials, machinery, and equipment covered by the Shop Drawing Submittal.
3.07 Quality Assurance. (Not Used)
3.08 Earthquake Design and restraint. (Not Used)
3.09 Supply of Lubricants. The contractor shall provide the following amounts of lubricants at the time of final acceptance of the work:
Description Quantity
Lubricants two year’s supply based on equipment
Manufacturer’s recommendations
The quantities of materials specified shall be that amount on hand after testing and start-up has been completed. Lubricants used for testing and start-up shall be provided by the Contractor at no additional cost to the Owner.
3.10 Testing and Start-up
A. Procedures. The Contractor shall submit three (3) copies of the detailed description, of testing and initial start-up procedures he intends to use for all mechanical, electrical and instrumentation equipment to the Owner for review and approval. These procedures shall be submitted sixty (60) days prior to the start date of these activities
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Packet Pg. 242 Attachment: Clarifiers Rehabilitation Complete Spec set (5221 : Approve Plans and Specs WWTP Clarifier 1 and 2 refurbish) as shown on the Contractor’s construction schedule. The contractor shall incorporate into his testing and start-up procedures any specific requirements for a particular piece of equipment hereinafter specified.
B. Testing. All mechanical, electrical and instrumentation equipment shall be tested by the Contractor to the satisfaction of the Owner before placing such equipment into operation. Test shall be conducted to determine that the equipment has been properly assembled, aligned adjusted and connected. The Contractor shall make all necessary adjustments, replacements, or changes to correct all deficiencies so that the equipment will operate as specified.
C. Start-Up
1. All equipment shall be operated during the Start-up period. The Contractor shall start-up and operate individual system so that it may be determined if the equipment meets the specifications requirements. The equipment shall be operated for a period of time sufficiently long enough to ascertain the equipment operating characteristics with respect to noise, temperature, vibration voltage, pressure and the like.The contractor shall operate all equipment throughout the range. Indeed .All deficiencies related to the Contractor’s Work shall be immediately corrected to the satisfaction of the Owner.
2. The Contractor shall provide all chemicals, lubricants, fuels, power, air and water used for testing and start-up operation until final acceptance of the Work.
END OF SECTION 01005
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Packet Pg. 243 Attachment: Clarifiers Rehabilitation Complete Spec set (5221 : Approve Plans and Specs WWTP Clarifier 1 and 2 refurbish) SECTION 01050
SEQUENCING OF WORK (WWTP Secondary Clarifiers)
PART 1- GENERAL
1.01 Description. This Section covers sequencing requirements supplementary to those of the other Section of the Specifications.
1.02 Sequencing of the Work
A. General. The Work associated with this Contract shall be performed in a manner that will provide the least amount of impact on the operation of the plant. At all times during the construction, the plant shall remain in operation. All work shall be carefully coordinate with the Plant Superintend to ensure continuing smooth plant operation The contractor shall at all times provide the Plant Superintended with a day- by day schedule of proposed Work for at leasttwo (2) week in advance so that appropriate action for plant operation may be planned .The Contractor shall be responsible for all temporary connections made necessary by his construction activities the following are Wastewater Treatment Plant operations that could affect the Contractor’s operations:
1. At least three (3) final clarifiers must be in operation at all times.
2. The scum box and flow splitter box that serve the above clarifiers must be kept in operation at all times.
3. Clarifiers No.3 and 4 shall remain in service throughout the duration of Contractor’s Work.
4. The RAS wetwell shall remain in service throughout the duration of Contractor’s Work.
5. The froth spray pump station shall remain in services throughout the duration of the Contractor’s work except for those construction activities that directly interfere with the froth spray pump station. The maximum downtime for the froth spray pump station shall be four (4) hours
B. Schedule for installing New sludge Collector Mechanism in Final Clarifiers No.1 and 2 and related work in the Clarifier Area
The following is a list of the Work that shall be performed by the Contractor for both Final Clarifiers No.1 and 2
1. Remove conduits and froth spray piping from existing bridge
2. Remove existing sludge collector mechanism, including weirs and baffles.
3. Remove clarifier drive, center drive platform and equipment, save for refurbishing.
4. Remove existing bridge, save for refurbishing and recoatper Section 09905
5. Refurbish and install center drive platform. Recoat per Section 09905.
6. Install new sludge collector mechanism equipment.
7. Connect existing scum piping to new clarifier scum box.
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Packet Pg. 244 Attachment: Clarifiers Rehabilitation Complete Spec set (5221 : Approve Plans and Specs WWTP Clarifier 1 and 2 refurbish)
8. Install new froth spray piping
9. Install conduit and wire on bridge, and connect clarifier drive
10. Install sludge collector mechanism assemblies
The above Work and other Work required by the Drawings and Specifications, whether directly or indirectly, shall be accomplished in any sequence provided that the Owner schedule which affects or may affect plant operation.
Owner will drain and wash down clarifiers when contractor is ready to begin work.
Final cleanup is to be performed by contractor to allow work to begin.
END OF SECTION 01050
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Packet Pg. 245 Attachment: Clarifiers Rehabilitation Complete Spec set (5221 : Approve Plans and Specs WWTP Clarifier 1 and 2 refurbish) SECTION 01051
SEQUENCING OF WORK (WTP CLARIFIER)
PART 1- GENERAL
1.03 Description. This Section covers sequencing requirements supplementary to those of the other Section of the Specifications.
1.04 Sequencing of the Work
A. General. The Work associated with this Contract shall be performed in a manner that will provide the least amount of impact on the operation of the plant. At all times during the construction, the plant shall remain in operation. All work shall be carefully coordinated with the Plant Chief to ensure continuing smooth plant operation The contractor shall at all times provide the Plant Chief with a day- by day schedule of proposed Work for at leasttwo (2) week in advance so that appropriate action for plant operation may be planned .The Contractor shall be responsible for all temporary connections made necessary by his construction activities the following are Water Treatment Plant operations that could affect the Contractor’s operations:
1. At least one (1) clarifiers must be in operation at all times.
2. Protect existing cathodic protection system from standblasting and overspray.
3. Protect existing gearboxes and motors from sandblasting and overspray.
4. Protect existing electrical and lighting from sandblasting and overspray.
The above Work and other Work required as may be required, whether directly or indirectly, shall be accomplished in any sequence provided that the Owner schedule which affects or may affect plant operation.
Owner will drain and wash down clarifiers when contractor is ready to begin work.
Final cleanup is to be performed by contractor to allow work to begin.
END OF SECTION 01051
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Packet Pg. 246 Attachment: Clarifiers Rehabilitation Complete Spec set (5221 : Approve Plans and Specs WWTP Clarifier 1 and 2 refurbish) SECTION 02050
DEMOLITION
PART 1 - GENERAL
1.01 WWTP DESCRIPTION. Requirements specified in Division 1 form a part of this Section.
Perform demolition, complete as indicated, specified and required. All work, during its progress, and upon completion, shall conform in every detail to the Drawings and Specifications. Should any detail or details be omitted from the Drawings, then it shall be the responsibility of the Contractor to furnish and execute such detail, so that on completion of the proposed construction the site shall be acceptable and fully operative as required.
A. License Required. Contractor shall hold a valid California Contractor license, A – General Engineering Contractor.
B. Work Included in this Section.
1. The contractor shall furnish all labor, equipment and materials required for the rehabilitation of two (2) secondary EIMCO clarifier as described in enclosed sections.
The new clarifier equipment must be supplied by Ovivo USA, LLC only with no substitutes. The clarifiers must be done in succession with the second clarifier starting only after successful startup and sign-off of the first clarifier.
2. Contractor shall provide, rebuilt or rehabilitate the following equipment per these specifications:
Contractor furnished rebuilt, reused or rehabilitated:
1. Center drive assembly
2. Walkway access bridge
3. Drive platform
Contractor furnished new:
1. Center cage and rake arms
2. Center support column
3. Feedwell
4. Sludge collection box, sludge collection arms, sludge collection piping and valves
5. Surface scum skimming equipment
6. Effluent weir and scum baffle
7. Froth spray system
A. The contractor shall furnish all labor, equipment and materials required to demolish the existing clarifier equipment for two (2) existing Secondary clarifiers (1 and 2) B. Demolition shall include the following equipment and any other items indicated on plans or encountered during the work:
a. All mechanical clarifier equipment, including sludge piping
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Packet Pg. 247 Attachment: Clarifiers Rehabilitation Complete Spec set (5221 : Approve Plans and Specs WWTP Clarifier 1 and 2 refurbish) b. Scum collection box
c. Baffle walls and weirs
C. The drive unit shall be rebuilt by Ovivo USA, LLC rebuild facility only, nosubstitutes.
D. The contractor shall dispose of the existing clarifier equipment.
E. The existing walkway with handrails and center drive platform assemblies are to be reused.
F. Contractor is referred to Contract Documents for Construction of City of El Centro Wastewater Treatment Plant Final Clarifier 1 & 2 Upgrade dated August 1998, attached to these specifications.
1.02 WTP DESCRIPTION. Requirements specified in Division 1 form a part of this Section.
Perform demolition/protection of existing systems, complete as indicated, specified and required. All work, during its progress, and upon completion, shall conform in every detail to the Specifications. Should any detail or details be omitted, then it shall be the responsibility of the Contractor to furnish and execute such detail, so that on completion of the proposed construction the site shall be acceptable and fully operative as required.
C. License Required. Contractor shall hold a valid California Contractor license, A – General Engineering Contractor.
D. Work Included in this Section.
1. The contractor shall furnish all labor, equipment and materials required for the rehabilitation of (1) clarifier as described in enclosed sections. The Clarifier shall be sandblasted and painted per these specifications.
2. Contractor shall provide, rebuilt or rehabilitate the following equipment per these specifications:
Contractor rehabilitated/repainted (all metal or currently painted surfaces) including:
1. Center drive assembly
2. Walkway access bridge
3. Drive platform
4. Center cage and rake arms
8. Center support column
9. Feedwell
10. Sludge collection box, sludge collection arms, sludge collection piping and valves
11. Lounder System
1.03 VERIFICATION OF CONDITIONS. Prior to performance of demolition work, Contractor shall inspect the site, and perform the following:
A. Drawings show the existing site and building conditions with information developed from original construction documents, field surveys, the Owner's records, and generally show
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Packet Pg. 248 Attachment: Clarifiers Rehabilitation Complete Spec set (5221 : Approve Plans and Specs WWTP Clarifier 1 and 2 refurbish) the amount and type of demolition required to prepare the existing areas for new work. Make a detailed survey of the existing conditions pertaining to the Work prior to commencing operations in the existing structures. Report to the Owner in writing all discrepancies or conflicts between the Drawings and actual conditions and do not proceed on such work until the Owner issues the necessary instructions.
B. Perform work in a fully coordinated manner with Work of other Contractors and/or other trades to ensure completion without interference or delay to progress of the Work.
1.04 REQUIREMENTS
A. Work Sequence. Perform Work in conformance with sequence requirements specified in Section 01050 or Section 01051, as applicable, of Specifications and the Drawings, thereby minimizing interruptions to operations of the Plant except for specified time limits which owner may permit if necessary.
B. Methods and Timing. Prior to commencing any particular demolition work, Contractor shall submit in writing to the Owner a detailed proposal including time sequence and the methods which he proposes to use for the particular demolition operation. Delay demolition work in particular locations until the Owner has approved, in writing, the methods to be employed and has given notice to proceed. Approvals by the Owner of methods to be used in no way limits the responsibility of the Contractor under any clause in any of the Specifications.
C. Contractor Responsibility. The building of any bypass systems and their safe and reliable operation shall be the responsibility of the Contractor. Contractor shall be held responsible for any costs whatsoever involved for any damage which he had caused to any work inside or outside his Contract limits. The Contractor is warned that this clause will apply not only to existing facilities at the time of his bid, but also to any Work which has been constructed since his Bid or is being constructed at the time of this Contract.
The Contractor is not only responsible for the costs of any repairs to any structures built or under construction, but also for any other costs which are attributable to his actions.
D. Pipes, Utilities and Conduits.
1. The locations where pipes and conduits are to be encountered are generally shown on the Drawings. Where the location for cutting is not shown, the pipe or conduit shall be cut at the limit of demolition or at some other location approved in advance by the Owner.
2. Contractor shall inform the Owner 72 hours prior to the cutting of any pipes or conduits leading to or from a structure to be demolished. All pipes or conduits which he locates and which are not shown on the Drawings shall be brought to the attention of the Owner.
3. Pipes, conduits, utilities, etc., which are necessarily cut shall be either carefully or permanently capped as specified by the contract documents or rerouted as indicated on the Drawings. Utility lines not specifically noted on the plans, but which are encountered
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Packet Pg. 249 Attachment: Clarifiers Rehabilitation Complete Spec set (5221 : Approve Plans and Specs WWTP Clarifier 1 and 2 refurbish) in the Work shall be capped, extended, protected, or reworked as necessary for completion of the work as directed by the Owner and at no expense to the Owner.
E. Debris Removal. All rubble, debris, waste materials and equipment generated during the demolition procedures shall be removed by the Contractor from the site as it accumulates unless otherwise directed by the Owner. Contractor shall install protective barriers and procedures to protect operating equipment from these waste materials. If such material enters operating equipment, Contractor shall immediately remove the waste materials from the equipment. The whole of the site occupied by the Contractor shall be kept in a clean and orderly state. The Contractor, at his own expense, shall find suitable dumping grounds for the waste materials and it shall be his responsibility to pay any costs whatsoever involved in securing the dumping grounds. The dumping ground site shall be approved by all relevant authorities. It is the Contractor's responsibility to seek and obtain such approval and to file with the Owner copies of all approvals or agreements so obtained. The Contractor staging area may be used for the temporary storage of removed materials. Area shall be thoroughly cleaned and restored to its original condition prior to final payment.
1.05 PROTECTION.
A. Take care to prevent spread of dust and flying particles. Sprinkle rubbish and debris with water to keep dust a minimum.
B. Maintain adequate fire protection, including extinguishers and operative water-hose lines during demolition of flammable portions of Work.
C. Provide temporary barricades, fences and safeguards to eliminate hazards to persons and property without interference to use of adjacent property, public rights-of-way, utilities and structures.
D. Work shall be coordinated as to required sequences, limits, methods, and times of performance. Arrange work of this Section to impose a minimum of interruption to Owner's use of the existing facilities. Maintain temporary barriers and partitions for protection of occupied areas, contents, and new work against dust, weather and damage.
1.06 SAFETY RULES AND REGULATIONS
A. Demolition shall be performed in conformance with all applicable local, state and federal requirements.
1.07 NOISE CONTROL. Exercise care to prevent the generation of unnecessary noise during the Work, and keep noise levels to the minimum possible. Immediately discontinue working methods or use of equipment that produces harmful or objectionable noise, as determined by Owner or Engineer, and perform the operations by unobjectionable methods. Tractors, cranes. hoists, trucks, and all other internal-combustion engined equipment shall be equipped with property functioning mufflers of "residential grade" noise level.
1.08 DUST CONTROL. Maintain effective measures to prevent intrusion of dust, dirt, and fumes into occupied portions of buildings. Include sprinkling or suitable chemical treatment of
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Packet Pg. 250 Attachment: Clarifiers Rehabilitation Complete Spec set (5221 : Approve Plans and Specs WWTP Clarifier 1 and 2 refurbish) debris and removed material, frequent sweeping or vacuuming as required by Work.
PART 2 - PRODUCTS
{Not Applicable to This Section)
PART 3 - EXECUTION
3.01 PERFORMANCE, GENERAL
A. After date of Notice to Proceed with work, assume responsibility for structures and items to be demolished and removed until such work on each structure or item is completed.
B. Perform Work by personnel experienced in this type work and in such manner as to eliminate hazards to persons and property without interference with new work and with use of adjacent areas, public, public rights-of-way, utilities and structures.
C. Except as otherwise indicated or directed, piping, valves, fittings, mechanical equipment and other appurtenances resulting from demolition shall remain the property of the Owner, and shall be removed from their existing locations and stored on-site by the Contractor in locations designated by the Owner. All equipment determined by the Owner to be nonsalvageable, as well as all other rubbish and debris resulting from demolition shall become the property of the Contractor, be disposed of off-site, and not be allowed to accumulate or be buried in fills.
D. Coordinate fully with work of other trades, and perform all work in conformance with applicable requirements of OSHA Construction Safety Orders.
E. Utilities.
1. Seal in an approved manner all utility services encountered during work of this Section.
3.05 CLEANING
A. Work Areas. Contractor shall keep his work, and the adjacent areas affected, free and clear from all debris caused by the work of this Section. During and upon completion of work herein specified, remove from site all debris, unused materials and equipment caused by work of this Section, and leave Work in a clean, acceptable condition.
END OF SECTION 02050
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Packet Pg. 251 Attachment: Clarifiers Rehabilitation Complete Spec set (5221 : Approve Plans and Specs WWTP Clarifier 1 and 2 refurbish) SECTION 09905
PAINTING AND PROTECTIVE COATINGS
PART 1 - GENERAL
1.01 Scope. Requirements of Division 1 apply to this Section. Provide all labor, materials, apparatus, scaffolding, and all appurtenant work in connection with painting and protective coatings, complete as indicated, specified and required, or as manufacturer recommended.
A. Work Included in This Section. Principal items include:
1. All new and altered exposed piping, conduits, and other metal surfaces interior and exterior, except as hereinafter specifically excluded.
2. All submerged and intermittently submerged new and altered existing metal surfaces, except stainless steel.
3. All new or altered existing structural and miscellaneous steel.
4. Equipment furnished with and without factory finished surfaces.
5. Equipment on which factory applied finishes have been marred, abraded, scratched, nicked, or otherwise damaged.
6. The Contractor shall furnish to the Owner, at no charge for use during this Project, the necessary dry film thickness gages and electrical flaw detection equipment required to ensure conformance with all specifications and standards included herein.
B. Related Work Not Included in This Section. The following surfaces, in general, shall not be painted:
1. Concrete surfaces subject to pedestrian or vehicular traffic, except as herein specified.
2. Plastic surfaces, except as specified for identification purposes.
3. Nonferrous metals and stainless steel unless otherwise noted or indicated. Galvanized metal shall not be considered a nonferrous metal.
4. Electrical and instrumentation equipment with approved factory finish as indicated herein.
5. Existing painted surfaces which are not within areas of alterations performed under this Contract unless such surfaces are damaged in performance of Work of this Contract or unless otherwise specified herein.
1.02 Guarantee. A three (3) year guarantee which commences on the date of acceptance against failure of all coatings shall be provided. Failure of any coating during the guarantee
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Packet Pg. 252 Attachment: Clarifiers Rehabilitation Complete Spec set (5221 : Approve Plans and Specs WWTP Clarifier 1 and 2 refurbish) period shall be repaired by the Contractor who shall absorb all costs related to the repair of the coating.
1.03 Reference Specifications and Standards.
A. Without limiting the generality of other requirements of these Specifications, all cleaning, surface preparation, and coating shall conform to the applicable requirements of the referenced portions of the standards specified herein to the extent that the requirements therein specified are not in conflict with the provisions of this Section.
B. Unless otherwise specified, all Work and materials for the preparation and coating of all metal surfaces shall conform to the applicable requirements specified in the Steel Structures Painting Manual . Volume 2, Systems and Specifications (most recent edition), published by the Steel Structures Painting Council, now Association for Materials Protection and Performance, AMPP.
C. The following referenced surface preparation specifications of the Steel Structures Painting Council shall form a part of this Section.
1. White Metal Blast Cleaning (SSPC-SPS). Removal of all visible rust, mill scale, paint, and foreign matter by blast cleaning by wheel or nozzle (dry) using sand, grit, or shot. (For very corrosive atmosphere.)
2. Near-White Blast Cleaning (SSPC-SP10). Blast cleaning nearly to White Metal Cleanliness, until at least ninety-five percent (95%) of each element of surface area is free of all visible residues. (For high humidity, chemical atmosphere, marine or other corrosive environment).
3. Commercial Blast (SSPC-SP6). Blast cleaning until at least sixty-seven percent (67%) of each element of surface area is free of all visible residues.
4. Brush-Off Blast Cleaning (SSPC-SP7). Blast cleaning of all except tightly adhering residues of mill scale, rust and coatings, exposing numerous evenly distributed flecks of underlying metal.
5. Solvent Cleaning (SSPC-SP1). Removal of oil, grease, dirt, soil, salts, and contaminants by cleaning with solvent, vapor, alkali, emulsion or steam.
6. Hand Tool Cleaning (SSPC-SP2). Removal of all rust scale, mill scale, loose rust and loose paint to the degree specified by hand-wire brushing, hand sanding, hand scraping, hand chipping or other hand impact tools, or by a combination of these methods. The substrate shall have a faint metallic sheen and also be free of oil, grease, dust, soil, salts and other contaminants.
7. Power Tool Cleaning (SSPC-SP3). Removal of all rust scale, mill scale, loose paint and loose rust to the degree specified by power wire brushes, power impact tools, power grinders, power sanders, or by a combination of these methods. Thesubstrate should have a pronounced metallic sheen and also be free of oil, grease, dirt, soil, salts and other contaminants. Surface should not be buffed or polished smooth.
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Packet Pg. 253 Attachment: Clarifiers Rehabilitation Complete Spec set (5221 : Approve Plans and Specs WWTP Clarifier 1 and 2 refurbish) D. Quality Assurance. Evaluation of surface preparation for ferrous metals will be based upon SSPC-Vis 1 ASTM Designation D 2200 and "Standard Methods of Evaluating Degree of Rusting on Painted Steel Surfaces", SSPC-Vis 2 ASTM Designation D 610.
1.04 Submittals.
A. Color Schedule. Finish coat colors for all painting and protective coating systems shall match existing colors as closely as possible. New piping shall receive finish coats of the same color as existing piping which it replaces. Contractor shall prepare and submit for Owners approval a color schedule for finish coatings for all piping, mechanical equipment, electrical equipment and other surfaces to be protected. Owner shall approve of color selections prior to Contractor's delivery of surplus.
B. Coating Materials List
1. The Contractor shall provide six (6) copies of a paint and coating materials list which indicates the manufacturer and paint number, keyed to the Painting and Coating Schedules herein, for approval of the Owner prior to or at the time of submittal of samples required herein.
2. The Contractor shall include with his submittal, his protective coating schedule for shop and field coatings of items to receive protection. The schedule shall conform to the specified requirements for surface preparation, priming, and coating for items covered, and shall follow the same requirements for similar Work where such Work has not been specifically called out. No bare ferrous nonworking surfaces shall be omitted from the schedule. Particular care shall be taken to cover in sufficient detail the coating of mechanical joints and other mechanical devices which shall conform to the recommended practice of the manufacturer of the joint or other mechanical devices.
3. For all patching of existing surfaces, Contractor shall verify the type of existing coating on the surface whose new coatings are to be applied. Contractor shall include in his submittal documentation that new coatings to be applied are compatible with existing coatings.
4. Submittal shall be sufficiently early to permit Owner's review and then Contractor's coordination with affected material and equipment suppliers to assure their use of approved shop coats of same manufacture as field coats and compatibility with field applied coats for respective coating systems.
C. Product Data Sheets. Contractor shall submit paint and coatings material manufacturers' printed technical data sheets for products intended for use in each of various paint and coating systems. Data sheets shall fully describe material as to its intended use, make-up, recommended surface preparation and application conditions, primers, material mixing and application (including recommended dry mil thickness), precautions, safety and maintenance cleaning directions, and storage instructions for opened and unopened containers.
1.05 Protection of Work. The Contractor shall be responsible for any and all damage to his Work or the work of others during the time his Work is in progress.
1.06 Extra Stock. The Contractor shall deliver to the Owner a minimum of three (3) one-gallon cans of each type and color of finish paint and coating used on the project and two (2) one7.a Packet Pg. 254 Attachment: Clarifiers Rehabilitation Complete Spec set (5221 : Approve Plans and Specs WWTP Clarifier 1 and 2 refurbish) gallon cans of each primer. Each container shall be unopened and properly labeled for identification.
1.07 Right of Rejection. The Owner shall have the right to reject all material or Work that is unsatisfactory, and require the replacement of either or both at the expense of the Contractor.
1.08 Job Conference. Prior to commencing Work a pre-job conference shall be held for the purpose of reviewing and clarifying the painting and coating requirements of the Project. The Owner, Contractor, Applicator, Coatings and Paint Manufacturers. and the Inspector shall be present. A schedule of Work to be accomplished will be established.
PART 2 - PRODUCTS
2.01 General. Surfaces to receive paint or other protective coating materials as herein specified in this Section shall be coated in conformance with the applicable coating systems specified herein. All materials specified by name and/or manufacturer or selected for use under these Specifications shall be delivered unopened at the job site in their original containers and shall not be opened until inspected by the Owner. Whenever a manufacturers brand name is specified, it is intended to define the general type and quality of paint or coating desired. Other coatings or paints of equal quality may be used. Coating materials shall be a product of Ameren.
Carboline. Sherwin-Williams, Tnemec, or equal. All paint, and coatings shall be produced and applied as herein called for or if not specifically called for, shall be applied in accordance with the manufacturers printed recommendations as approved by Owner. So far as possible, all paint and coating materials shall be provided by a single source supplier.
2.02 Paint and Coating Materials.
A. Definitions. The term "coating materials," as used herein, shall include enamels, paints, sealers, epoxy resins, and all other paints and protective coatings, excepting galvanizing, whether used as a pretreatment, primer, intermediate coat, or finish coat.
B. General.
1. Seal paint and protective coating materials in containers that plainly show the designated name, formula or specification number, batch number, color, date of manufacture, manufacturers directions, and name of manufacturer, all of which shall be plainly legible at the time of use. Pigmented paints shall- be furnished in containers not larger than five (5) gallons. Materials shall conform to the specifications shown herein and to the requirements hereinafter specified.
2. Products shall be standard for recognized manufacturer engaged in production of such materials for essentially identical or similar applications in the water and wastewater treatment industry and industrial plants.
C. Compatibility. Only compatible materials shall be used in the Work. Particular attention shall be directed to compatibility of primers and finish coats. If necessary, subject to
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Packet Pg. 255 Attachment: Clarifiers Rehabilitation Complete Spec set (5221 : Approve Plans and Specs WWTP Clarifier 1 and 2 refurbish) approval of the Owner, a compatible barrier coat shall be applied between all existing prime coat and subsequent field coats to insure compatibility.
D. Colors. All colors and shades of colors of all coats of paints and protective coating material shall be as selected by the Owner. Each coat shall be of a slightly different shade, as directed by the Owner to facilitate inspection of surface coverage of each coat.
E. Potable Water Compatibility. WTP materials shall be compatible with potable water applications.
2.03 Service Condition A. Ferrous metals, other than stainless steel, submerged or intermittently submerged in water, sludge, sewage, chemical mixtures or similar corrosive liquid shall be prepared and coated in accordance with the following requirements.
A. Surface Preparation. All metal surfaces shall be field sandblasted in accordance with Steel Structures Painting Council Specification SSPC-SP1O (Near White Blast Cleaning). Weld surface, edges, and sharp corners shall be ground to a curve and all weld splatter removed, and all welds neutralized with thinner.
B. Application. Application shall be in strict conformance with the manufacturer's printed recommendations. All sharp edges, nuts, bolts, or other items difficult to coat shall receive a brush-applied coat of the specified coating prior to application of each coat.
C. Coating Systems A. Except as otherwise noted, the prime coat shall have a minimum thickness of four (4) mils and the two (2) finish coats shall have a minimum total dry film thickness of sixteen (16) mils. If finish coat is not applied within manufacturer's recommended time period, an intermediate special surface conditioner shall be applied in advance of finish coats. The total system shall have a minimum of twenty (20) mils.
Ameron's System: Two (2) coats Amercoat 78HB, 10 mils DFT each coat Carboline System: Primer - 340 "Gold" (optional)
Two coats Bitumastic 300M; 8-10 mils DFT each
Sherwin-Williams System: Two Coats Hi Mil Sher- Tar Epoxy 869 Series, 10 mils DFT min. per coat
Tnemec's System: Two Coats Series 69 H.B. Epoxoline II, 15 mils DFT total
2.04 Service Condition B. Ferrous and galvanized metals, other than stainless steel, subject to normal air exposure at the Project location, shall be prepared and coated in accordance with the following requirements.
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Packet Pg. 256 Attachment: Clarifiers Rehabilitation Complete Spec set (5221 : Approve Plans and Specs WWTP Clarifier 1 and 2 refurbish) A. Surface Preparation. All surfaces shall be free of dirt, dust, grease, or other foreign matter before coating. Ferrous surfaces shall be cleaned in accordance with the Steel Structures Painting Council Specification SSPC-SP6 (Commercial), and galvanized surfaces shall be cleaned in accordance with SSPC-SP1 (Solvent Cleaning). Weld surfaces and rough edges shall be ground as required to make the piece neat and for proper application of coating, and weld splatter shall be removed.
B. Application. Application shall be in strict conformance with the manufacturer's printed recommendations. All sharp edges, nuts, bolts, or other items difficult to coat shall receive a brush-applied coat of the specified coating prior to application of each coat.
C. Coating Systems B. Except as specified below, the prime coat shall have a minimum thickness of three (3) mils and two (2) or more finish coats of four (4) mils minimum dry film thick ness each. Provide total system having a minimum of 12 mils DFT.
Ameron's System: Primer Coat - 385 Amercoat multi-purpose epoxy Finish Coat - 450 H.S. Amercoat aliphatic polyurethane
Carboline System: Primer - 340 Gold
Finish - 134 H.S.
Tnemec's System: Prime Coat - Series 69-1255 H.B. Epoxoline II Finish Coat - Series 73 (Color) Endura-Shield Ill
D. Coating System B on Zinc Alloy or Galvanized Ferrous Metals. Degrease surfaces, then apply the following coating system. Provide on all zinc alloy or galvanized ferrous metal items.
Ameron's System: Primer Coat - 385 Amercoat multi-purpose epoxy Finish Coat - 450 H.S. Amercoat aliphatic polyurethane
Carboline System: Pretreat - 1037 W.O.
Primer - 340 "Gold"
Finish Coat - 890 Epoxy
Tnemec's System: Primer Coat - Series 69-1255 H.B. Epoxoline II Finish Coat - Series 73 (Color) Endura-Shield Ill
2.05 Miscellaneous Coatings. Hand wheels and operating handles of all valves and equipment shall be safety red, matching OSHA Safety Red Color, using Coating System "B".
2.06 Rework of Protective Coatings within Altered Existing Process Facilities. Perform hereinafter specified surface preparation, mixing and application operations on respective altered existing surfaces. Use like materials by manufacturers as those used in coating respective new surfaces.
A. Submerged and Intermittently Submerged Existing Ferrous Metals. Perform Work as specified for Service Condition "A" in Article 2.03.
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Packet Pg. 257 Attachment: Clarifiers Rehabilitation Complete Spec set (5221 : Approve Plans and Specs WWTP Clarifier 1 and 2 refurbish) B. Ferrous Metals Subject to Normal Air Exposure at Project Location. Perform Work as specified for Service Condition "B" in Article 2.04.
PART 3 - EXECUTION
3.01 Manufacturer's Recommendations. Unless otherwise specified herein, the paint and coating manufacturer's printed recommendations and instructions for thinning, mixing, handling, applying, and protection of his coating materials; for preparation of surfaces for coating; and for all other procedures relative to coating shall be strictly observed. No substitutions or other deviations will be permitted without written permission of the Owner.
3.02 Delivery and Storage. Materials shall be delivered in manufacturer's original, sealed containers, with labels and tags intact. Coating materials and equipment shall be stored in designated areas. Coating containers shall be opened only when required for use. Coatings shall be mixed only in designated rooms or spaces in the presence of the Owner's Representative. Coating shall be thoroughly stirred or agitated to uniformly smooth consistency and prepared and handled in a manner to prevent deterioration and inclusion of foreign matter.
Unless otherwise specified or approved, no materials shall be reduced, changed, or used except in accordance with the manufacturer's label or tag on container.
3.03 Safety Requirements. In accordance with the requirements of the applicable OSHA Regulations for Construction, the Contractor shall provide and require the use of personal protective lifesaving equipment for all persons working in or about the Project site.
A. Respirators. Respirators shall be worn by all persons engaged in, and assisting in, spray painting. In addition, workers engaged in or near the Work during sandblasting shall wear eye and face protection devices meeting the requirements of ANSI 287.1 latest revision, and approved OSHA Regulations for sandblasting operations and approved airpurifying, half-mask or mouthpiece respirator with appropriate filter.
B. Ventilation. Where ventilation is used to control potential exposure to workers as set forth in Section 1910.94 of the OSHA Regulations for Construction, ventilation shall be adequate to reduce the concentration of the air contaminant to the degree that a hazard to the worker does not exist. Methods of ventilation shall meet the requirements set forth in ANSl-29.2, latest revision.
C. Sound Levels. In accordance with Sections 1926.52 and 1926.101 of OSHA Regulations For Construction, whenever the occupational noise exposure exceeds maximum sound levels as set forth in Table D-2 ear protective devices shall be fitted and determined individually and used, and a continuing, effective hearing conservation program shall be administered.
D. Storage and mixing of coating materials shall be performed only in those areas designated by the Owner.
E. Cloths and cotton waste that might constitute a fire hazard shall be placed in closed metal containers or destroyed at the end of each work day.
3.04 Storage, Mixing. and Thinning. Paint and coating materials shall be protected from exposure to cold weather, and shall be thoroughly stirred, strained, and kept at a uniform consistency during application. Materials of different manufacturers shall not be mixed together.
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Packet Pg. 258 Attachment: Clarifiers Rehabilitation Complete Spec set (5221 : Approve Plans and Specs WWTP Clarifier 1 and 2 refurbish) Packaged materials may be thinned immediately prior to application in accordance with the manufacturer's directions.
3.05 Workmanship.
A. Skilled craftsmen and experienced supervision shall be used on all Work.
B. All paint and coatings shall be applied in a workmanlike manner so as to produce an even film of specified uniform thickness. Edges, comers, crevices, and joints shall receive special attention to insure that they have been thoroughly cleaned and that they receive an adequate thickness of paint The finished surfaces shall be free from runs, drops, ridges, waves, laps, brush marks, and variations in color, texture, and finish. The hiding shall be so complete that the addition of another coat of paint would not increase the hiding. All coats shall be applied so as to produce a film of uniform thickness. Special attention shall be given to insure that edges, comers, crevices, welds, and similar areas receive a film thickness equivalent to adjacent areas, and installations shall be protected by the use of drop cloths or other approved precautionary measures.
3.06 Preparation for Painting and Protective Coating. All surfaces to receive paint and protective coatings shall be cleaned as specified herein prior to application of coating materials. The Contractor shall examine all surfaces to be coated, and shall correct all surface defects before application of any coating material. Beginning the Work of this Section without reporting unsuitable conditions to the Owner constitutes acceptance of conditions by the Contractor. Any required removal, repair, or replacement of this Work caused by unsuitable conditions shall be done at no additional cost to the Owner. All marred or abraded spots on shop-primed and factory-finished surfaces shall receive touch-up restoration prior to any other coating application.
3.07 Items not to be Coated. Hardware, hardware accessories, name plate data tags, machined surfaces and similar items in contact with coated surfaces not to be coated shall be removed or masked prior to surface preparation and painting operations. Following completion of coating of each piece, removed items shall be reinstalled. Such removal and installation shall be done by workmen skilled in the trades involved.
3.08 Sandblasting.
A. All sandblasting shall be done in strict accordance with the referenced specifications of the Steel Structures Painting Council and shall conform to all regulations of the local Air Pollution Control Agency. Contractor shall obtain any APCD permits as may be required.
B. No sandblasting may begin before the Owner inspects and approves the protective measures. Other equipment shall be shielded, covered, or otherwise protected to prevent the entrance of sand. The Contractor shall be responsible for all damage caused by or resulting from sandblasting in all cases. Contractor shall be responsible for disposal of all blast residue in accordance with applicable Federal, State and Local regulations.
C. After sandblasting, dust, paint and spent sand shall be removed from the clarifiers by brushing or vacuum cleaning. Contractor shall be responsible for disposal of all blast residue in accordance with applicable Federal, State and Local regulations.
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Packet Pg. 259 Attachment: Clarifiers Rehabilitation Complete Spec set (5221 : Approve Plans and Specs WWTP Clarifier 1 and 2 refurbish)
3.09 Application of Protective Coatings.
A. Shop Coating. Fabricated metalwork and equipment at the job site with a shop coat shall have this coating removed and the specified coating applied in the field.
B. Application of Field Coatings.
1. Except where in conflict with the manufacturer's printed instructions, or where otherwise specified herein, the Contractor may use brush, roller, air spray, or so-called airless spray application; however, any spray painting must first have the approval of the Owner. Rollers for applying enamel shall have a short nap. Areas inaccessible to spray coating or rolling shall be coated by brushing or other suitable means.
2. The Contractor shall give special attention to the Work to insure that edges, comers, crevices, welds, bolts, and other areas, as determined by the Owner, receive a film thickness at least equivalent to that of adjacent coated surfaces.
3. All protective coating materials shall be applied in strict accordance with the manufacturer's printed instructions.
4. Prime coat shall be applied to all clean surfaces within a four (4) hour period of the cleaning, and prior to deterioration or oxidation of the surface, and in accordance with the manufadurer's recommendations. Drift from sand-blasting procedures shall not be allowed to settle on freshly painted surfaces.
5. All coatings shall be applied in dry and dust-free environment. No coating or paint shall be applied when the surrounding air temperature, measured in the shade, is below 40° F. No coating or paint shall be applied to wet or damp surfaces and shall not be applied in rain, fog or mist, or when the relative humidity exceeds eighty-five percent (85%). No coating or paint shall be applied when it is expected that the relative humidity will exceed eighty-five percent (85%) or that the air temperature will drop below 40°F. within eighteen (18) hours after the application of the coating or paint. Dew or moisture condensation should be anticipated and if such conditions are prevalent, coating or painting shall be delayed until mid-morning to be certain that the surfaces are dry.
Further, the day's coating or painting shall be completed well in advance of the probable time of day when condensation will occur, in order to permit the film a sufficient drying time prior to the formation of moisture.
6. Each coat shall be applied evenly, at the proper consistency, and free of brush marks, sags, runs, and other evidence of poor workmanship. Care shall be exercised to avoid lapping paint on glass or hardware. Coatings shall be sharply cut to lines. Finished coated surfaces shall be free from defects or blemishes. Protective coverings shall be used to protect floors, flxtures, and equipment. Care shall be exercised to prevent paint from being spattered onto surfaces from which such paint cannot be removed satisfactorily. Surfaces from which paint cannot be removed satisfactorily shall be painted or repainted as required to produce a finish satisfactory to the Owner. Whenever two (2) coats of a dark colored paint are specified, the first coat shall contain sufficient powdered aluminum to act as an indicator of proper coverage, or the two (2) coatings shall be of a contrasting color.
7. Touch-up of all surfaces shall be performed after installation.
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Packet Pg. 260 Attachment: Clarifiers Rehabilitation Complete Spec set (5221 : Approve Plans and Specs WWTP Clarifier 1 and 2 refurbish)
8. All surfaces to be coated shall be clean and dry at the time of application.
C. Time of Coating.
Manufacturer's recoat time shall be strictly complied with. Sufficient time shall be allowed to elapse between successive coats to permit satisfactory recoating, but, once commenced, the entire coating operation shall be completed without delay. No additional coating of any structure, equipment, or other item designated to be painted shall be undertaken without specific permission of the Owner until the previous coating has been completed for the entire structure, piece of equipment, or other item.
Piping shall not be finish coated until it has been pressure tested and approved.
D. Thickness of Coating. The dry film mil-thickness specified shall be achieved and verified for each coat.
3.10 Testing and Inspection.
A. Inspection Devices. The Contractor shall furnish, until final acceptance of coating and painting, inspection devices in good working condition for detection of holidays and measurement of dry-film thickness of coatings and paints. The Contractor shall also furnish U.S. Department of Commerce, National Bureau of Standards certified thickness calibration plates to test accuracy of dry-film thickness gauge and certified instrumentation to test accuracy. Dry-film thickness gauges shall be made available for the Inspector's use at all times until final acceptance of application. Holiday detection devices shall be operated in the presence of the Inspector. Inspection devices shall be operated in accordance with the manufacturer's instructions at the direction of the Owner's Representative.
B. The Contractor shall conduct film thickness measurements and electrical inspection of the coated surfaces with equipment furnished by him and shall recoat and repair as necessary for compliance with the Specifications.
C. After repaired and recoated ferrous metals areas have cured, final inspection tests will be conducted by the Owner or Owner's Representative. Coating thicknesses specified in mils on ferrous substrates will be measured with a nondestructive magnetic type dry-film thickness gage such as the Elcometer, manufactured by Gardner Laboratories, Inc.
Discontinuities, voids and pinholes in the coatings will be determined with a nondestructive type electrical holiday detector. Epoxy coatings and other thin film coatings will be checked for discontinuities and voids with a low voltage detector of the wet-sponge type, such as Model M1 as manufactured by Tinker and Rasor. Use a nonsudsing type wetting agent, such as Kodak Photo-Flo, which shall be added to the water prior to wetting the sponge. A high voltage, low current, spark type detector such as Model EP, manufactured by Tinker and Rasor, will be used for electrical inspection of only coal tar enamel. Tape type coatings will be inspected for holidays using a device designed for use in detecting such flaws. All pinholes shall be marked, repaired in accordance with the manufacturer's printed recommendations and retested. No pinholes or other irregularities will be permitted. Wide film thickness discrepancies shall be measured and verified with a micrometer or other approved measuring instrument Coatings not in compliance with the Specifications will not be acceptable and shall be replaced, and reinspected at Contractor's expense until the Specifications are met
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Packet Pg. 261 Attachment: Clarifiers Rehabilitation Complete Spec set (5221 : Approve Plans and Specs WWTP Clarifier 1 and 2 refurbish) D. On non-ferrous surfaces, dry film thickness readings shall be taken at random locations with a Tooke Gauge at the rate of approximately five readings per one hundred (100) square feet of surface. Grooves cut into coating shall be repaired by application of all coats of paint or coating film being tested. The average of all readings for a given area or surface shall be within required dry film thickness range and no individual reading shall be more than twenty percent (20%) below the recommended dry film thickness. Any areas that are found to be below standard shall be marked and recoated to obtain proper film thickness.
E. Warranty Inspection. Warranty inspection shall be conducted during the eleventh (11th) month following completion of all coating and painting Work. All personnel present at the Pre-Job Conference shall attend this inspection. All defective Work shall be repaired in accordance with this Specifications and to the satisfaction of the Owner or his appointed representative.
3.11 Cleanup.
A. Upon completion of the Work, staging, scaffolding, and containers shall be removed from the site or destroyed in an approved manner. Paint spots, oil, or stains upon adjacent surfaces shall be removed.
B. The Contractor shall clean the site upon completion of the Work.
3.12 Paint and Coating Schedule. The following Coating System Schedule shall indicate the coating system to be used. The list shall not be construed as a complete list of all surfaces to be coated but rather as a guide as to the application of the various coating systems. All Contractor installed surfaces shall be painted except those specifically deleted herein. "Piping" shall be defined as all pipes, valves, fittings, supports, operating stems and guides. Mechanical equipment shall include all drives, motor control panels, electrical equipment and accessory equipment requiring a protective coating. The colors of mechanical equipment shall be selected by the Owner.
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Packet Pg. 262 Attachment: Clarifiers Rehabilitation Complete Spec set (5221 : Approve Plans and Specs WWTP Clarifier 1 and 2 refurbish) Coating System Schedule
___________________________________________________________________________ Item Description System
___________________________________________________________________________
1. General
All exposed ferrous and galvanized metal pipes, hangers and attachments - B Normal interior and exterior atmospheres
All submerged and intermittently submerged ferrous metals A
2. Clarifiers
All exposed ferrous metal (near white blast, prime and finish) B Submerged and intermittently submerged ferrous metal (near white blast,A prime and finish)
Valves and appurtenances, exposed B
________________________________________________________________________ Note: Existing factory-applied primer on sludge collector equipment and appurtenances shall be completely removed prior to application of field coatings. Surface preparation and field coatings shall be performed after equipment is installed in each clarifier and as specified in this Section.
END OF SECTION 09905
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Packet Pg. 263 Attachment: Clarifiers Rehabilitation Complete Spec set (5221 : Approve Plans and Specs WWTP Clarifier 1 and 2 refurbish) SECTION 11330
SECONDARY CLARIFIER EQUIPMENT (WWTP Secondary Clarifiers only) PART 1 - GENERAL
1.01 DESCRIPTION
A. Contractor shall furnish two (2) clarifier mechanisms suitable for installation in existing concrete basins, including design by a professional engineer.
B. Each mechanism shall be a center column supported, center feed unit with peripheral effluent collection. A center drive mechanism shall be provided for rotation of the rake arms and scum skimming mechanism.
C. The equipment shall be designed to effectively settle mixed liquor suspended solids and scrape the settled solids from the basin floor to the sludge withdrawal as shown on the drawings. The equipment shall be designed to effectively settle mixed liquor suspended solids and remove them through rapid return suction piping mounted to the rake blades. Collected sludge shall be discharged from the suction piping to an open sight well and then to a withdrawal pipe located within the mechanism center column as shown on the drawings. The clarified effluent shall be collected uniformly by the peripheral launder. Surface scum shall be collected by the scum skimming equipment and discharged through the scum withdrawal pipe.
D. The Contractor shall furnish the following equipment for each clarifier mechanism, but not be limited to: center drive assembly, center support column with inlet openings, feedwell, center cage, sludge collection box, sludge collection arms, sludge piping and valves, full radius surface scum skimming and collection equipment.
E. Except where specifically indicated otherwise, all plates and structural members designated for submerged service shall have a minimum thickness of 1/4 inch.
All structural steel will conform to ASTM A-36 requirements and steel plate will conform to ASTM A283C requirements. All anchor bolts and assembly fasteners shall be 304 stainless steel. Handrail, skimmer, and rake blade squeegee fasteners shall be 304 stainless steel.
1.02 PROCESS REQUIREMENTS
A. Design average flow (*) MGD
B. Design peak flow (*) MGD
C. Design average recycle flow (*) MGD
D. Design peak recycle flow (*) MGD
E. Drive continuous torque 29,000 ft-lb at 0.03 rpm
F. Drive 100% design torque 42,000 ft-lb
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Packet Pg. 264 Attachment: Clarifiers Rehabilitation Complete Spec set (5221 : Approve Plans and Specs WWTP Clarifier 1 and 2 refurbish) G. Drive momentary peak torque 123,000 ft-lb
H. Mechanism rotation Clockwise
I. Rake arm tip speed, constant 8 - 10 ft/min
*Match existing system
1.03 DESIGN REQUIREMENTS
A. Basin diameter 80’
B. Side water depth 14'-0"
C. Tank freeboard 2'
D. Floor slope 1:12 in:in
E. Center column diameter -
F. Internal RAS pipe diameter -
G. Feedwell diameter 20'
H. Feedwell submerged depth 5'-0"
I. Feedwell scum ports four (4)
J. EDI diameter none
K. EDI submerged depth -
L. Number of baffled EDI openings -
M. Cage minimum size 4'-0" square
N. Rake arm minimum size 4'-0" square
O. Suction pipe diameter 8”
P. Suction pipe quantity -
Q. Suction pipe total flow capacity (*) gpm
R. Scum box width 4' std.
OR
S. Scum trough width full clarification radius
1.04 FIELD SERVICE REQUIREMENTS
A. Number of eight-hour days One (1) per clarifier
B. Number of trips to jobsite One (1) per clarifier
1.05 REFERENCES
A. American Society of Testing Materials (ASTM):
1. A36 Structural Steel Specifications
2. A992 Structural Steel Specifications
3. 304 Bolt Specifications
4. A123 Hot-Dip Galvanized Coatings
5. A153 Hot-Dip Galvanized Bolts
6. A48 Cast Iron Specifications
7. A536 Ductile Iron Specifications
8. A283C Steel Plate Specifications
B. American Iron and Steel Institute (AISI), Heat Treated Steel Specifications C. American Gear Manufacturers' Association (AGMA), Gear Ratings
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Packet Pg. 265 Attachment: Clarifiers Rehabilitation Complete Spec set (5221 : Approve Plans and Specs WWTP Clarifier 1 and 2 refurbish) D. American Welding Society (AWS), Current Standards
E. Anti-friction Bearing Manufacturers' Association (AFBMA), Bearing Life Specifications
F. National Electrical Manufacturer's Association (NEMA), Motor Design Standards and Standards for Control Enclosures
PART 2- PRODUCTS
2.01 GENERAL
A. Each clarifier mechanism shall be of the center-drive type, supported on a stationary influent column, with the flow entering at the bottom of the influent column and flowing upward to the inlet openings located at liquid level and dispersed into the tank through the EDI and flocculating feedwell. The clarifier shall be designed to remove sludge uniformly from the bottom of the tank.
2.02 CENTER DRIVE ASSEMBLY
A. The existing Center Drive unit shall be uninstalled and shipped to the Ovivo USA, LLC rebuild facility.
B. Disassembly and Inspection
a. Completely disassemble drive into individual parts and components b. Steam clean and inventory all parts
C. Standard Rebuild
a. Blast clean bases, main gear, housings, covers, and end cap. Machined surfaces are protected or not blasted
b. Replace all wear items i.e. bearings, bearing strip liners, bearing balls, seals, gaskets, keys, retaining rings, grease fittings, gauges, piping and fasteners
c. Deburr and hand dress teeth of all gearing, pinions, worm gear assemblies, worms and shafts
d. Polish all shafts
e. Completely re-assemble, paint and inspect equipment. Premium Ovivo paint scheme, two (2) coats of Tnemec Series 161HS or 66HS epoxy @ 6- 8 mil DFT
i. Top coated with one (1) coat of Tnemec Series 73 Endura Shield urethane paint @ 2-3 mils DFT (sky blue color)
ii. Top coat is highly resistant to abrasion, wet conditions, corrosive fumes, chemical contact and weathering
f. Replace drive control torque indication device
g. Replace motor drive package (3/4 HP TEFC motor, reducer, sprockets, chain and guard)
h. One (1) year warranty parts and workmanship
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Packet Pg. 266 Attachment: Clarifiers Rehabilitation Complete Spec set (5221 : Approve Plans and Specs WWTP Clarifier 1 and 2 refurbish) D. The center drive unit shall be designed for the continuous torque rating as specified in section 1.02 The continuous torque shall be defined as the minimum torque at which the drive mechanism may operate continuously 24 hours per day, 365 days per year, for 20 years, at the specified sludge collector arm speed.
Main gear and pinion calculations shall be based upon ANSI/AGMA 2001 C-95 (1995) standard for rating the pitting resistance and bending strength of involute spur and helical gear teeth. Calculations shall clearly present the values used for the design parameters. Specifically, the load distribution factor shall be determined by the empirical method.
Worm gearing shall be designed and rated to equal or exceed the specified continuous torque and life. The basis for rating shall be ANSI/AGMA 6034-B92 standards for durability rating and design of wormgear reducers.
The continuous torque rating for the drive unit shall be the lowest value determined for the gearing.
2.03 WALKWAY ACCESS BRIDGE
A. The existing walkway access bridge shall be reused. The steel shall be sandblasted to SSPC-SP-6 specifications and given at least two (2) coats of Sherwin Williams Macropoxy 646 @ 10-12 DFT.
B. The existing center drive operations platform shall be reused.
C. The existing handrails with toe plate along both sides of the walkway and around the center drive platform shall be reused.
2.04 CENTER CAGE AND RAKE ARMS
A. The center cage shall be of steel box truss construction, a minimum of 4'-0" square. It shall be provided with connection for sludge removal arms and feedwell supports. The top of the cage shall be bolted to the main gear which shall rotate the cage with the attached arms and feedwell. The minimum angle size used for the construction of the cage and rake arms shall be 2 inch x 2 inch x 1/4 inch members.
B. Each clarifier mechanism shall include two (2) sludge removal arms of steel truss construction with steel raking blades and adjustable 20 gauge, 304 stainless steel squeegees. The rake blades shall be properly spaced to insure complete raking of the basin floor twice per revolution. At the sludge withdrawal pipe locations an additional blade shall be provided opposite the raking blade to direct sludge to the pipe in a “V” shape.
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Packet Pg. 267 Attachment: Clarifiers Rehabilitation Complete Spec set (5221 : Approve Plans and Specs WWTP Clarifier 1 and 2 refurbish) C. Each rake arm shall be provided with withdrawal pipes of PVC ASTM 3034 piping.
Change of direction shall be through long radius elbows. The PVC pipes shall be arranged for easy assembly with minimum trimming. The maximum total sludge return flow specified shall be based on utilization of withdrawal pipes of the diameter specified in Section 1.04. The withdrawal pipes shall be attached to the rake arms at their lower end by means of 304 stainless steel clamps and shall pass along the arms and vertically upward to the rotating sludge dischargewell.
2.05 CENTER COLUMN
A. A 1/4 inch wall thickness, stationary center column shall be provided which shall serve as the influent pipe. One end shall have a 1-1/4 inch support flange for bolting to the foundation with a minimum of eight (8) 1-1/4 inch diameter anchor bolts as shown on the plans. A similar flange shall be provided at the top of the column for supporting and securing the center drive assembly.
B. Influent openings shall be provided in the upper portion of the column to allow unrestricted passage of the flow into the feedwell. Influent velocity shall be reduced by providing a total inlet port area a minimum of 135 percent of the center column cross sectional area.
C. Two (2) sets of ports shall be included at the upper end. One set of upper ports shall convey the return sludge from the overflow valves to the central discharge pipe. The other set of ports shall diffuse the flow entering the tank and insure low velocity into influent well. Influent velocity shall be reduced by providing a minimum total column port area of at least 135% of the column cross sectional area. Upper and lower ports shall be separated by a neoprene seal with steel backing ring.
D. Inside the support column there shall be a sludge discharge pipe minimum diameter as specified in Article 1.03 by 1/4 inch wall thickness. It shall extend from the bottom of the sludge collection drum to 1'-0 above the tank bottom of the stationary influent column and shall connect to the sludge discharge pipe cast in the concrete by the contractor. A backing ring and clamp shall be provided to seal the two pipes together. The contractor shall provide a suitable packing or nylon rope to seal the discharge (RAS) pipes.
2.06 FEEDWELL
A. The feedwell shall rotate with the mechanism and be sufficiently supported by structural members. The feedwell shall be fabricated from 3/16 inch steel plate with upper and lower reinforcing rim angles as required and stiffeners as required. A minimum of four (4) scum ports, 4 inches high x 16 inches long, shall be provided equally spaced around the feedwell periphery to allow scum to exit from the feedwell at water level. Scum ports shall be free to allow scum to escape with an adjustable, angled baffle plate to impart a tangential direction of the flow exiting the scum port.
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Packet Pg. 268 Attachment: Clarifiers Rehabilitation Complete Spec set (5221 : Approve Plans and Specs WWTP Clarifier 1 and 2 refurbish)
2.07 ROTATING SLUDGE COLLECTION BOX AND CONTROL VALVES
A. Inside the feedwell, and supported from the rotating cage, shall be provided a sludge collection box. It shall contain a sludge control valve for each sludge draw off pipe. A neoprene seal shall be provided between the rotating sludge collection box and center column. An adjusting handle for each mechanism shall be provided with sufficient chain and be attached to the platform handrail. Each valve shall control the sludge by a rotating action, increasing or decreasing the valve opening.
2.08 SURFACE SCUM SKIMMING EQUIPMENT
Conventional Scum Collection
A. Surface scum skimming equipment shall be furnished with the clarifier mechanism. It shall be arranged to have the surface scum swept along an angled skimmer blade to the skimmer assembly, attached at the end of the blade, for discharge to the scum box as shown on the plans. The surface of the clarifier shall be swept twice per revolution.
B. The skimmer blade shall be tangential to the rotating feedwell and be supported by vertical supports from the rake arm. The skimmer assembly shall be a pivoting aluminum skimmer device equipped with manual out of service lock out. The skimmer shall have replaceable neoprene rubber wipers on all three sides to form a pocket to trap the scum and discharge the scum into the scum box.
C. The scum box shall be supported from the tank wall and connected to a six (6) inch scum line, as shown on the contract drawings.
D. The clarifier equipment manufacturer shall furnish a flush valve assembly for automatic flushing of the scum box and scum pipe. The flush valve assembly shall allow approximately 2 to 5 gallons of clarified effluent to enter the box as the skimmer assembly passes over the scum box. It shall consist of an actuator bar and a pivoting assembly that will open a valve. A counterweight shall close the valve after the flush cycle ends.
2.09 EFFLUENT WEIR AND SCUM BAFFLE
A. The existing effluent weir plates reused. To prevent leakage all surfaces between the launder walls and weir plates shall be given a new seal coat of suitable mastic by the contractor.
B. The existing scum baffle plates shall be reused. The existing scum baffle plates and supports shall be sandblasted to SSPC-SP-6 specifications and given two
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Packet Pg. 269 Attachment: Clarifiers Rehabilitation Complete Spec set (5221 : Approve Plans and Specs WWTP Clarifier 1 and 2 refurbish) (2) coats of Sherwin Williams Macropoxy 646 @ 10-12 DFT.
2.10 SPARE PARTS
A. The intent of this specification is to provide uninterrupted operation for a minimum period of two (2) years. To meet this objective the clarifier manufacturer shall supply any spare parts, excluding lubricants that are required to meet this time frame. As a minimum, provide the following spare parts, per clarifier:
1. One (1) sight glass for each main drive housing containing oil.
2. One (1) set of neoprene skimmer wipers.
PART 3 - EXECUTION
4.01 QUALITY ASSURANCE
A. The clarifier equipment manufacturer shall modify his standard equipment to meet the minimum values specified for dimensions, design, and the intent of this specification.
B. The clarifier equipment shall be manufactured by OVIVO USA, LLC (Formerly Eimco Water Technologies) of Salt Lake City, Utah only, no substitutes.
4.02 CONTRACT SUBMITTALS
A. The contractor shall submit complete shop drawings of all equipment furnished for this project as covered by these specifications. The contractor's submittal must include a certification that the submitted material describes exactly the equipment to be provided. Substitutions of equipment subsequent to submittal approval will not be accepted.
B. The contractor shall submit a copy of the equipment specification section with all addenda and all referenced specification sections. Each paragraph shall be check-marked to indicate specification compliance or marked to indicate deviations from the specification requirements. Check marks shall indicate complete compliance with the paragraph requirements. Deviations from the specification shall be indicated by underlining the deviation and marking the paragraph or line with a number or letter. The remainder of the paragraph not marked as a deviation shall indicate compliance with the requirements of the paragraph. The manufacturer shall prepare a detailed justification for each deviation. Failure to include the required specification sections and the justification for deviations will indicate non-compliance and shall be rejected without further consideration.
C. The clarifier equipment manufacturer shall furnish as a minimum the following
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Packet Pg. 270 Attachment: Clarifiers Rehabilitation Complete Spec set (5221 : Approve Plans and Specs WWTP Clarifier 1 and 2 refurbish) design and description information to establish compliance with these specifications:
1. Certified general arrangement and tank dimensional drawings.
2. Certificate of design stamped by a Registered Professional Engineer stating that the equipment to be provided for this project meets or exceeds all design requirements of these specifications. The certificate shall state the respective loads and design criteria.
3. Drive mechanism rating calculations, stamped by a Registered Professional Engineer, verifying the compliance of the drive gears and bearings with the specified continuous torque rating and bearing life rating.
4. Motor data and catalog information. Electrical drawings as applicable to the supply of the clarifier equipment manufacturer.
5. Catalog cut sheets for purchased sub-components.
4.03 OPERATION AND MAINTENANCE MANUALS
A. Operation and maintenance manuals will be provided by the clarifier manufacturer at least two weeks prior to shipment of all major equipment components. Each manual shall be a bound, indexed binder with drawings and parts lists prepared specifically for this project rather than general instructions that are not designed for this project.
B. As a minimum the manual shall contain:
1. Certified as-built drawings (general arrangement and general arrangement details).
2. Erection drawings.
3. A complete bill of materials for the equipment including the weights of all structural steel components.
4. Installation and maintenance instructions for the specific equipment including the erection sequence, maintenance and trouble-shooting check points, and complete lubrication procedures with recommended gradesof lubricants.
5. Cut sheets for all equipment items purchased from sub-vendors.
6. A list of the clarifier manufacturer's recommended spare parts specifically denoting wear items, long delivery items, and all items convenient for stocking as optional replacement items.
4.04 DELIVERY
A. Fabricated assemblies shall be shipped in the largest sections permitted by carrier regulations, properly match-marked for ease of field erection.
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Packet Pg. 271 Attachment: Clarifiers Rehabilitation Complete Spec set (5221 : Approve Plans and Specs WWTP Clarifier 1 and 2 refurbish) B. All components shall be erected immediately upon receipt from the clarifier manufacturer or stored in strict conformance with storage recommendations provided by the clarifier manufacturer in the operations and maintenance manual.
C. The mechanism shall be lubricated in strict accordance with the instructions of the clarifier manufacturer's field service representative. The required lubricants shall be provided by the contractor.
3.1 INSTALLATION AND COMMISSIONING
3.11 INSTALLATION
A. The contactor is responsible for coordinating and receiving all equipment onsite.
B. The contractor is responsible for furnishing the new clarifier mechanism, baffle wall and weirs, and scum collector
C. The contractor is responsible for supplying the required Macropoxy.
D. The equipment shall be erected in strict accordance with the manufacturer's recommendations.
E. The contractor is responsible for providing all labor and equipment required for the installation of the new clarifier mechanism, baffle wall and weirs, and scum collector.
a. This project must be completed in accordance with DIR Prevailing wages and PWC-100 reporting
b. This project must comply with all confined space entry protocols
3.12 SERVICE
The equipment manufacturer shall provide a service representative properly trained in inspection and operation of the mechanism to approve the installation, certify that the torque settings of the drive overload protection device are correct, perform the torque test and instruct the owner's personnel on maintenance and operation. If additional field service beyond the days and trips specified in Article 1.05 is required due to the mechanisms not being fully operational, at the time of service requested by the contractor, the additional service days will be at the contractor's expense.
3.13 TORQUE TEST
A. The clarifier mechanism shall be field torque tested. The purpose of the torque test is to verify the structural integrity of the mechanism structural steel design and center drive unit. The testing shall be carried out under the supervision of
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Packet Pg. 272 Attachment: Clarifiers Rehabilitation Complete Spec set (5221 : Approve Plans and Specs WWTP Clarifier 1 and 2 refurbish) the equipment manufacturer's representative and as approved by the Engineer before the mechanism is accepted and placed into operation.
B. The torque test shall consist of securing the rake arms by cables to anchor bolts installed by the contractor in the tank floor at locations specified by the equipment manufacturer. A load shall be applied to the scraper arm in small increments by means of a ratchet lever and cylinder connected to the cable assembly. The magnitude of the applied load shall be measured by calculating the torque from the distance of the line of action of each cable to the center line of the mechanism. A reading shall be taken at the drive design torques.
C. The manufacturer's service representative shall verify that the alarm, motor cutout, and backup safety motor cut-out switches are properly set and are in proper operation to protect the clarifier mechanism as specified.
END OF SECTION 09905
END OF TECHNICAL SPECIFICATIONS
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Packet Pg. 273 Attachment: Clarifiers Rehabilitation Complete Spec set (5221 : Approve Plans and Specs WWTP Clarifier 1 and 2 refurbish) City Council of the City of El Centro Meeting: 01/18/22 11:30 AM 1275 Main Street Department: Community Services
El Centro, CA 92243 Category: Public Hearing
Prepared By: Suzanna Gonzales
SCHEDULED Department Head: Adriana Nava
ACTION ITEM (ID # 5360) DOC ID: 5360
Public Hearing to discuss an amendment to the 2021-2022 Annual Action Plan for the Community Development Block
Grant (CDBG) program
CITY MANAGER’S RECOMMENDATION:
Approval of an Amendment to the 2021-2022 Annual Action Plan subject to the 30-day public review period, and authorize the City Manager to submit a letter to HUD to request authorization for the amendments.
FISCAL IMPACT:
This is an amendment to the CDBG 2021-2022 Annual Action Plan. Funding in the amount $135,147 will be re-allocated from the CDBG Sidewalk Improvement Program to the Downtown Façade Improvement Program.
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
Goal #5 City Beautification, Engagement & Civic Pride
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:
N/A
BACKGROUND:
On April 6, 2021, the City Council approved the 2021-2022 Annual Action Plan for the CDBG Entitlement Program. Listed in the Action Plan was the CDBG Sidewalk Improvement Program funded in the amount of $135,147.
On May 4, 2021, the City Council approved the Downtown Façade Improvement Program and governing guidelines. As part of this action, $125,000 of Meausre P funding was allocated for this program. On December 7, 2021 an update on the program was presented to Council. Staff advised that since the time of the program approval and funding allocation, 48 applications have been received and deemed complete (four for vacant properties), six applications are pending information from the applicant, and three applications were denied due to ineligibility. Based on the allotted funding, eight projects could be achieved. Economic Development staff has been working with first eight applicants to facilitate their respective business improvement projects.
DISCUSSION:
8 Packet Pg. 274
Action Item (ID # 5360) Meeting of January 18, 2022
Following the adoption of the Annual Action Plan, Engineering staff began evaluating various locations within the CDBG target area for use of the allocated sidewalk funding.
It was ultimately determined that the amount of funding available for the project was insufficient to do any substantial improvements due to current construction market costs and higher cost-of-scale pricing generally associated with smaller Public Works projects.
Because of regulations governing the timely expenditure of CDBG funds, staff is unable to hold funds from one year to combine it with funds from subsequent years to facilitate larger projects.
Staff met with the Community Services Director and Public Works Director to discuss the viability of the project given the current market conditions and limited funding allocated. It was decided that the funding originally allocated for the CDBG Sidewalk Improvement Project should be re-allocated toward the Downtown Façade Improvement Program to allow improvement projects in the downtown area to continue.
CONCLUSION:
It is staff's recommendation that the City Council open the public hearing for this item and receive any public comments on the substantial amendment. It would then be staff's recommendation that the Council approve the amendment subject to a 30-day public review period, which will be from January 19, 2022 through February 18, 2022.
Upon conclusion of the 30-day public review period, the amendment will be submitted to HUD for their review and approval.
8 Packet Pg. 275
City Council of the City of El Centro Meeting: 01/18/22 11:30 AM 1275 Main Street Department: Community Services
El Centro, CA 92243 Category: Public Hearing
Prepared By: Stacy Mendoza
SCHEDULED Department Head: Adriana Nava
ACTION ITEM (ID # 5342) DOC ID: 5342
Discussion and necessary action regarding a Substantial Amendment to 2019-2020 Annual Action Plan for the
allocation of Community Development Block Grant - COVID19 (CDBG-CV) funds CITY MANAGER’S RECOMMENDATION:
Approve the Substantial Amendment to the CDBG 2019-2020 Annual Action Plan, which includes the allocation of CDBG-CV funding.
FISCAL IMPACT:
There is no fiscal impact to the city's general fund. The funding for this request comes from Round 3 of the CDBG-CV grant funds from HUD as a result of the CARES Act to prevent, prepare for, and respond to Coronavirus-19 (COVID-19). In Round 3, the City of El Centro received an allocation of $330,246.
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
Goal #3: Community Health, Safety, and Welfare
Action 3.2: Collaborate with regional agencies and organizations to invest in and improve public health services and facilities.
Action 3.3: Continue participating in the Imperial County Continuum of Care; in addition to partnering with local, state, and federal organizations to address homeless population.
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:
Not applicable.
BACKGROUND:
On September 11, 2020, notification was received from the Department of Housing and Urban Development (HUD), that the City’s funding allocation for Round three of the CDBG-CV (CARES Act) funding was $330,246. The purpose of this funding is to prevent, prepare for, or respond to the COVID-19 pandemic. At its meeting on January 5, 2021, City Council approved to purpose Round 3 CDBG-CV funds to assist the public through various Public Service activities. Two activities receiving funding were as follows:
• Rent Assistance Program: $110,082
• Utility Assistance Program: $110,082
Since the time of this allocation, the State of California has provided $23,901,435 to the County of Imperial for purposes of rent and utility assistance. The County of Imperial Assistant CEO, Esperanza Colio, relayed to City staff a recommendation that the CDBG-CV funding for the rent and utility assistance be re-allocated to another activity as the County had sufficient funding to assist City of El Centro residents with utility and 9 Packet Pg. 276
Action Item (ID # 5342) Meeting of January 18, 2022
rent relief.
Under a separate CDBG annual process, the Economic Development Division received proposals for the City of El Centro’s 2021-2022 CDBG Entitlement Program in January 2021. The Catholic Charities Diocese of San Diego submitted a proposal requesting $250,000 in grant funding to expand their existing services to support the new DayCenter being constructed at their existing building located at 250 W. Orange Avenue.
On February 2, 2021, City Council approved the 2021-2022 Annual Action Plan wherein Catholic Charities received an allocation of $7,680, leaving a gap in their funding request of $242,320.
DISCUSSION:
Economic Development staff has been in contact with Catholic Charities to discuss their needs in relation to their ongoing COVID-19 response efforts with the homeless population. The CEO, Vino Pajanor, advised there is still a need of funding to support the operations of the new homeless day center, scheduled to open February 15, 2022.
This homeless day center will provide a safe area for respite with services such as meals, shelter, bathrooms and showers, laundry, and supportive services in a COVID19 compliant manner, which could reduce the instances and spread of COVID-19. The center will also provide access to COVID-19 vaccinations for all homeless, will check temperature of all visitors, and will COVID test all homeless who visit the center on a weekly basis. In addition, they will offer a critical bridge for homeless to receive information and resources from the street to long-term stability by offering short-term shelter and, in appropriate cases, a direct path to interim housing for men, women, and children awaiting permanent housing placement through other homeless shelters managed by Catholic Charities.
CONCLUSION:
It is staff's recommendation that the City Council open the public hearing for this item and receive any public comments on the substantial amendment. Then, based on the high priority placed on addressing homeless issues within the 2022-2027 Strategic Plan, it would then be staff's recommendation that the Council approve the amendment reallocating funding in the amount of $220,164 to Catholic Charities, subject to a 30-day public review period, which will be from January 19, 2022, through February 17, 2022.
Upon conclusion of the 30-day public review period, the amendment will be submitted to HUD for review and approval.
9 Packet Pg. 277
City Council of the City of El Centro Meeting: 01/18/22 11:30 AM 1275 Main Street Department: City Manager's Office
El Centro, CA 92243 Category: Resolution
Prepared By: Elizabeth Zarate
SCHEDULED Department Head: Marcela Piedra
ACTION ITEM (ID # 5381) DOC ID: 5381
Declaration Renewing the Emergency Resolution
CITY MANAGER’S RECOMMENDATION:
Adopt Resolution 22- , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO REVIEWING AND CONFIRMING RESOLUTION NO. 20-14
REGARDING A DECLARATION OF LOCAL EMERGENCY VIRUS ON BEHALF OF THE CITY OF EL CENTRO RELATED TO COVID 19 AND RESCINDING RESOLUTION NO. 20-37
FISCAL IMPACT:
n/a
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
n/a
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE DEPARTMENT
VERIFY CURRENT EL CENTRO BUSINESS LICENSE, CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:
n/a
BACKGROUND:
On March 17, 2020, the City adopted Resolution No. 20-14 declaring a local emergency as the result of COVID-19. That resolution was updated the following month for funding purposes and remains in place.
DISCUSSION:
State law provides for a city to adopt and thereafter review a declaration of emergency every 60 days. As a result of the omicron variant spike, the City faces additional COVID-19 challenges. This review and confirmation of the local declaration of emergency indicates the City’s on-going emergency authority and meets the requirements for funding, should any be available.
CONCLUSION:
Adopt Resolution No. 22- , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO REVIEWING AND CONFIRMING RESOLUTION NO. 20-14 REGARDING A DECLARATION
OF LOCAL EMERGENCY VIRUS ON BEHALF OF THE CITY OF EL CENTRO RELATED TO COVID 19 AND RESCINDING RESOLUTION NO. 20-37
ATTACHMENTS:
• Resolution (DOCX)
10 Packet Pg. 278
1 01/2022liz/A21-0006/Reso
RenewalEmergency Dec COVID19
RESOLUTION NO. 22-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO REVIEWING AND CONFIRMING RESOLUTION NO. 20-14 REGARDING A
DECLARATION OF LOCAL EMERGENCY VIRUS ON BEHALF OF THE
CITY OF EL CENTRO RELATED TO COVID 19 AND RESCINDING
RESOLUTION NO. 20-37
WHEREAS, Health & Safety Code section 101080 and Chapter 8 of the City Code authorize the City to declare a local health emergency whenever the City determines that there is an epidemic and to review that declaration within 60 days thereafter; and WHEREAS, on March 4, 2020, the Governor of the State of California declared an emergency based upon the threat of COVID-19 within the state; and WHEREAS, on March 5, 2020, Imperial County declared a local health emergency throughout the County based on the imminent and proximate threat to public health from the introduction of COVID-19 in Imperial County, which declarations were ratified and extended by the Board of Supervisors on March 10, 2010; and
WHEREAS, on March 13, 2020, the President declared a national state of emergency; and WHEREAS, on March 17, 2020, the City Council of the City of El Centro adopted Resolution No. 20-14 declaring a local emergency within the City; and WHEREAS, at and since that time, conditions of extreme peril to the safety of persons and property within the City continue to exist; and
WHEREAS, on March 17, 2020, the City activated its Emergency Operations Center (EOC) and through the EOC is coordinating with the County EOC, other City EOC’s, the State of California, the Centers for Disease Control (CDC) and the federal government; and WHEREAS, the City’s ability to mobilize local resources, coordinate interagency responses, accelerate procurement of vital supplies, use mutual aid, and seek future reimbursement by the State and Federal governments will be critical to successfully respond to COVID-19; and
WHEREAS, the City has and continues to anticipate that its emergency response actions will require additional services, personnel, facilities, resources and funding far beyond that currently available, that exceed the City’s ability to provide, and that require the combined financial assistance and resources of other local governments as well as the State and Federal government and their partners; and
WHEREAS, the City Council hereby finds that based upon the continued threat to public health from COVID-19 find that the use of emergency power must continue to deal with this emergency.
10.a
Packet Pg. 279 Attachment: Resolution (5381 : Declaration Renewing the Emergency Resolution) 2 01/2022liz/A21-0006/Reso
RenewalEmergency Dec COVID19
NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
1. That the foregoing is true, correct and again adopted hereby.
2. That the City Manager as the Director of Emergency Services, the Emergency Operations Center Coordinator and the Finance Director each shall have the authority set out in Chapter 8 of the City Code and as otherwise provided by state law and City policies and procedures to act on behalf of the City, and shall have the authority to act on its behalf.
3. That the City of El Centro in accordance to theCalifornia Disaster Assistance Act,the Stafford Act and any other applicable County, State or Federal law or regulation, hereby requests public financial assistance for their response and recovery efforts, and further requests that the State expedite access to County, State and Federal resources and any other appropriate disaster relief programs.
4. That the Director of Emergency Services has forwarded City Resolution No. 20-14 to the Governor’s Office and will forward this Resolution No. to the State Director of Emergency Services (CalOES) and to the Governor’s Office as well as to the Federal Emergency Management Agency.
5. That this Resolution is adopted and is effective immediately and until such time as revoked by the City Council.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of El Centro, California held on the 18th day of January 2022.
CITY OF EL CENTRO
By __________________________
Tomas Oliva, Mayor
ATTEST:
By _____________________________
Norma Wyles, City Clerk
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
By _______________________________
10.a
Packet Pg. 280 Attachment: Resolution (5381 : Declaration Renewing the Emergency Resolution) 3 01/2022liz/A21-0006/Reso
RenewalEmergency Dec COVID19
Elizabeth L. Martyn, City Attorney
STATE OF CALIFORNIA )
COUNTY OF IMPERIAL ) SS
CITY OF EL CENTRO )
I, Norma Wyles, City Clerk of the City of El Centro, California, do hereby certify that the forgoing Resolution No. was duly and regularly adopted at a regular meeting of the City Council of the City of El Centro, California, held on the day of 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
By _________________________
Norma Wyles, City Clerk
10.a
Packet Pg. 281 Attachment: Resolution (5381 : Declaration Renewing the Emergency Resolution) City Council of the City of El Centro Meeting: 01/18/22 11:30 AM 1275 Main Street Department: Community Services
El Centro, CA 92243 Category: Request
Prepared By: Adriana Nava
SCHEDULED Department Head: Adriana Nava
ACTION ITEM (ID # 5348) DOC ID: 5348 A
Request for Measure P Funds for Bucklin Park Challenge
Course
CITY MANAGER’S RECOMMENDATION:
Discussion and related action regarding the use of $81,715 in Measure P funds for the purpose of constructing the Bucklin Park Challenge Course FISCAL IMPACT:
The City of El Centro was awarded $177,952 by the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for all Act of 2018 Per Capita Program.
On September 2, 2021 City Council meeting, Measure P funds were allocated for the Bucklin Park Challenge Course project in the amount of $32,048 for the shortfall of the cost estimate for the Bucklin Park Challenge Course of $210,000.
On January 18, 2022 by separate action, the City Council was asked for an additional allocation of $81,715 Measure P funds for the Challenge Course Project. Construction prices have been increasing, and thus, bids for the project came in at a greater price than estimated.
Without the approval of the additional Measure P funds in the amount of $81,715, there would be insufficient funds to complete the obstacle course.
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
Goal #4 Recreation & Lifelong Learning Action 4.5
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:
Staff has verified the contractor's State License, DIR Registration, Debarment Status and City Business License. All licenses are current and in good standing. Contractor has a history of working with the city on many Capital Improvement Projects. Contractor recently completed the First Responder's Park and Stark Field Playgrounds.
BACKGROUND:
Bucklin Park is one of the most widely frequented parks in the city. The existing playground equipment at Bucklin Park is undersized for the amount of use and there is no play equipment for teens. While conducting public outreach, children and teens commented on the need for playground equipment that is more interactive. They would like to see a more challenging obstacle course, which have been popularized by shows 11 Packet Pg. 282
Action Item (ID # 5348) Meeting of January 18, 2022
such as American Ninja Warrior.
On September 19, 2020 Council approved a resolution, approving the grant application for Per Capita Grant Funds in the amount of $177,952. Subsequently, City Staff completed a grant package to the State and submitted the application in July 2021.
On September 2, 2021 Council approved the shortfall amount of $32,048 of Measure P funds for the project.
On December 9, 2021, bids for the Bucklin Park Challenge Course, the bids came in at a greater amount than the estimated amount of $210,000.
DISCUSSION:
The bid opening for this project was held on December 9, 2021. A total of two (2) bids were received. They are as follows, Western State Builders Inc. $282,575, and R.E.
Shultz Construction Inc. $259,715.
Due to the unanticipated increase of the project, there is a shortfall of $81,715, which includes an estimated contingency of $25,000.
CONCLUSION:
It is staff’s recommendation that the City Council allocate $84,715 of Measure P funds for the shortfall of the Bucklin Park Challenge Course. 11 Packet Pg. 283
City Council of the City of El Centro Meeting: 01/18/22 11:30 AM 1275 Main Street Department: Community Services
El Centro, CA 92243 Category: Award of Bid
Prepared By: Suzanna Gonzales
SCHEDULED Department Head: Adriana Nava
RESOLUTION (ID # 5356) DOC ID: 5356
Discussion and Necessary Action Regarding Award of Bid
and Authorizing the Execution of a Contract for the Bucklin Park Challenge Course Project
CITY MANAGER’S RECOMMENDATION:
Adopt Resolution No. 22- , RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EL CENTRO AWARDING THE BID AND AUTHORIZING THE EXECUTION OF A
CONTRACT FOR THE BUCKLIN PARK CHALLENGE COURSE PROJECT
FISCAL IMPACT:
The cost estimate for the Bucklin Park Challenge Course is $210,000. The City of El Centro was awarded $177,952 by the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for all Act of 2018 Per Capita Program.
Measure P funds for the project were allocated in the amount of $32,048 on September 2, 2021 council meeting . By separate action, due to bids for the Bucklin Challenge Course, unfortunately the bids came in at a greater price than estimated, Measure P funds for the project were allocated in the amount of $74,715. Thus, this project will not impact the general fund.
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
Goal #4 Recreation & Lifelong Learning Action 4.5
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:
Staff has verified the contractor's State License, DIR Registration, Debarment Status and City Business License. All licenses are current and in good standing. Contractor has a history of working with the city on many Capital Improvement Projects. Contractor recently completed the First Responder's Park and Stark Field Playgrounds.
BACKGROUND:
Bucklin Park is one of the most widely frequented parks in the city. The existing playground equipment at Bucklin Park is undersized for the amount of use and there is no play equipment for teens. When conducting public outreach, children and teens comment on the need for playground equipment that is more interactive. They would like to see more challenging obstacle courses, which have been popularized by shows such as American Ninja Warrior.
12 Packet Pg. 284
Resolution (ID # 5356) Meeting of January 18, 2022
On September 19, 2020 Council approved a resolution, approving the grant application for Per Capita Grant Funds in the amount of $177,952. Subsequently, City Staff completed a grant package to the State and submitted the application in July 2021.
DISCUSSION:
The bid opening for this project was held on December 9, 2021 when a total of two bids were received. They are as follows:
• Western State Builders Inc. $282,575
• R.E. Shultz Construction Inc.. $259,715
Staff has reviewed both bids and is recommending the award of the contract to the lowest responsive bidder R.E. Shultz Construction Inc. in the amount of $259,715.
CONCLUSION:
It is staff's recommendation that the City Council award the bid to R.E. Shultz Construction Inc. in the amount of $259,715 with a $25,000 construction contingency fund and authorize the City Manager to execute a contract for the Bucklin Park Challenge Course Project.
ATTACHMENTS:
• 00061628 Resolution (DOC)
• Construction Services Agreement_Signed (PDF)
12 Packet Pg. 285
12/2021/liz/A21-0253/Reso
AwardBID/BucklinParkChallengeCourse 1
RESOLUTION NO. 22-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL
CENTRO AWARDING THE BID AND AUTHORIZING THE
EXECUTION OF A CONTRACT FOR THE BUCKLIN PARK
CHALLENGE COURSE PROJECT
WHEREAS, the plans and specifications have been adopted by the City Council of the City of El Centro, California ("the City Council") and the notice inviting bids has been advertised as required by section 2-185.15 of the City of El Centro ("the City")'s municipal code for the Bucklin Park Challenge Course Project (“the Project”).
WHEREAS, two bids were received and opened on December 9, 2021, in accordance with law and the Director of Community Services has made a report thereon; and WHEREAS, the City Council has considered the report of the Director of Community Services and, as a result, has determined that two (2) firms submitted bids, with R.E. Shultz Construction Inc., an active California corporation, submitting the lowest responsive and responsible bid in the total amount of two hundred fifty nine thousand seven hundred fifteen dollars and zero cents ($259,715.00); and
WHEREAS, the City Council finds that the award and approval of a contract for the Project will be in the best interest of the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
1. That the foregoing is true, correct and adopted.
2. That the City Council hereby accepts the bid of R.E. Shultz Construction Inc. for the Project.
3. That the City's City Manager is hereby authorized to sign a contract for the Project in the total amount of two hundred fifty nine thousand seven hundred fifteen dollars and zero cents ($259,715.00); a copy of which is on file in the Office of the City Clerk, on behalf of the City.
4. That the City Council hereby establishes a construction contingency fund of twenty five thousand dollars and zero cents ($25,000.00) for the Project.
5. That the City Manager is further authorized to approve and execute any change orders for the Project up to a single change order amount of twenty five thousand dollars and zero cents ($25,000.00), individually or collectively, as needed for unanticipated construction contingencies and is required to report all change orders to the City Council as soon as practical.
12.a
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AwardBID/BucklinParkChallengeCourse 2
6. That the City Council shall approve any change order that either individually exceeds the single change order amount or in combination with other approved change orders exceed the amount established as the construction contingency fund for the Project as set forth herein.
7. That the contract for the Project shall be reviewed and approved as to form by the City Attorney prior to execution and placed on file in the Office of the City Clerk.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of El Centro, California, held on the day of , 2022.
CITY OF EL CENTRO
By _______________________
Tomas Oliva, Mayor
ATTEST:
By ____________________________
Norma Wyles, City Clerk
APPROVED AS TO FORM:
Office of the City Attorney
By _______________________________
Elizabeth L. Martyn, City Attorney
STATE OF CALIFORNIA )
COUNTY OF IMPERIAL ) ss
CITY OF EL CENTRO )
I, Norma Wyles, City Clerk of the City of El Centro, California, do hereby certify that the foregoing Resolution No. 22- was duly and regularly adopted a regular meeting of the City Council of the City of El Centro, California, held on the day of ,2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
By__________________________
Norma Wyles, City Clerk
12.a
Packet Pg. 287 Attachment: 00061628 Resolution (5356 : Discussion and Necessary Action Regarding Award of Bid)
12.b
Packet Pg. 288 Attachment: Construction Services Agreement_Signed (5356 : Discussion and Necessary Action Regarding Award of Bid)
12.b
Packet Pg. 289 Attachment: Construction Services Agreement_Signed (5356 : Discussion and Necessary Action Regarding Award of Bid)
12.b
Packet Pg. 290 Attachment: Construction Services Agreement_Signed (5356 : Discussion and Necessary Action Regarding Award of Bid)
12.b
Packet Pg. 291 Attachment: Construction Services Agreement_Signed (5356 : Discussion and Necessary Action Regarding Award of Bid)
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Packet Pg. 292 Attachment: Construction Services Agreement_Signed (5356 : Discussion and Necessary Action Regarding Award of Bid)
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Packet Pg. 293 Attachment: Construction Services Agreement_Signed (5356 : Discussion and Necessary Action Regarding Award of Bid)
12.b
Packet Pg. 294 Attachment: Construction Services Agreement_Signed (5356 : Discussion and Necessary Action Regarding Award of Bid)
12.b
Packet Pg. 295 Attachment: Construction Services Agreement_Signed (5356 : Discussion and Necessary Action Regarding Award of Bid)
12.b
Packet Pg. 296 Attachment: Construction Services Agreement_Signed (5356 : Discussion and Necessary Action Regarding Award of Bid)
12.b
Packet Pg. 297 Attachment: Construction Services Agreement_Signed (5356 : Discussion and Necessary Action Regarding Award of Bid)
12.b
Packet Pg. 298 Attachment: Construction Services Agreement_Signed (5356 : Discussion and Necessary Action Regarding Award of Bid)
12.b
Packet Pg. 299 Attachment: Construction Services Agreement_Signed (5356 : Discussion and Necessary Action Regarding Award of Bid) City Council of the City of El Centro Meeting: 01/18/22 11:30 AM 1275 Main Street Department: Community Services
El Centro, CA 92243 Category: Purchase
Prepared By: Chris Legakes
SCHEDULED Department Head: Adriana Nava
RESOLUTION (ID # 5358) DOC ID: 5358
Purchase of 2021 Massey Ferguson Tractor
CITY MANAGER’S RECOMMENDATION:
Adopt Resolution No. 22- , RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EL CENTRO AUTHORIZING THE EL CENTRO COMMUNITY SERVICES DEPARTMENT TO PURCHASE ONE NEW 2021 MASSEY FERGUSON TRACTOR FISCAL IMPACT:
The cost of the 2021 Massey Ferguson Tractor with accessories is $92,074.28. This item was approved through Measure P.
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
Goal #4: Recreation and Lifelong Learning: Offer opportunities for recreation and lifelong learning through innovative, inclusive programming, park and facilities that serve all residents and visitors.
• Action 4.5: Improve parks, recreational amenities, open space, and trail development, and fulfill critical lifecycle and facility maintenance needs.
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:
N/A
BACKGROUND:
On January 21, 2014, the City Council approved Ordinance 14-04 amending Section 2- 183 of Article IV of Chapter 2 of the Municipal Code of El Centro relating to joint use of contracts by other local governments outside of California. The ordinance allows the City of El Centro to piggyback from contracts from any competitively bid public contract, within and outside of the State of California.
Organizations such as the National Intergovernmental Purchasing Alliance Co. (National IPA) facilitate piggybacking these contracts between agencies. The National IPA is a cooperative purchasing organization established for public agencies across the United States with the specific purpose of reducing procurement costs by leveraging group volume. National IPA is a part of OMNIA Partners, the largest and most experienced organization dedicated to group purchasing and supply chain management.
The National IPA Participation Number assigned to the City of El Centro is: 1183923 (Exhibit A).
DISCUSSION:
13 Packet Pg. 300
Resolution (ID # 5358) Meeting of January 18, 2022
The City of Tucson, AZ, in partnership with National IPA, has awarded a cooperative purchasing agreement for heavy equipment, parts, accessories, supplies and related services (Exhibit B). This competitively solicited and awarded contract is available to agencies nationwide via the National Intergovernmental Purchasing Alliance Co. (National IPA), which requires sales tax to be paid in the State that the sale is made.
This sale will pay California sales tax.
The Park Maintenance Division is currently in need of purchasing a 2021 Massey Ferguson Loader tractor to replace a 2002 New Holland 545D Loader Tractor. This piece of equipment will assist in all Park maintenance duties and emergency operations.
The current 2002 New Holland Tractor has mechanical issues and the shop has recommended the City auction it off as the costs are becoming too high to repair and repair is occurring too frequently.
The Park Maintenance Division received a proposal from Empire Machinery for the purchase of a 2021 Massey Ferguson Loader Tractor using the City of Tucson’s contract RFP#161534, as facilitated by The National IPA (Exhibit C).
CONCLUSION:
Authorize the proposal from Empire Machinery for the purchase of one (1) 2021 Massey Ferguson Loader Tractor with accessories through the National IPA program using the City of Tucson's contract.
ATTACHMENTS:
• MF Exhibit A-D(PDF)
• MF Reso (DOCX)
13 Packet Pg. 301
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Packet Pg. 302 Attachment: MF Exhibit A-D (5358 : Purchase of 2021 Massey Ferguson Tractor)
13.a
Packet Pg. 303 Attachment: MF Exhibit A-D (5358 : Purchase of 2021 Massey Ferguson Tractor)
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13.a
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Packet Pg. 306 Attachment: MF Exhibit A-D (5358 : Purchase of 2021 Massey Ferguson Tractor)
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Packet Pg. 307 Attachment: MF Exhibit A-D (5358 : Purchase of 2021 Massey Ferguson Tractor)
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Packet Pg. 310 Attachment: MF Exhibit A-D (5358 : Purchase of 2021 Massey Ferguson Tractor)
13.a
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13.a
Packet Pg. 312 Attachment: MF Exhibit A-D (5358 : Purchase of 2021 Massey Ferguson Tractor) 12/2021/liz/A21-0252/Reso
ParksPurchaseTractor 1
RESOLUTION NO. 22 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EL CENTRO AUTHORIZING THE El CENTRO
COMMUNITY SERVICES DEPARTMENT TO PURCHASE
ONE 2021 MASSEY FERGUSON MF4707 CL WHEEL
TRACTOR WITH ATTACHMENTS
WHEREAS, the El Centro Community Services Department (the “Department”) needs to replace its current loader tractor to meet park maintenance needs; and WHEREAS, the Department specifically has identified a need to replace its 2002 New Holland 545D Tractor that is in poor condition; and
WHEREAS, the City Code provides for the replacement of City vehicles and equipment without competitive bidding pursuant to the provisions of City Code Section 2-177, which allows the City to use a bid received by another public agency using equivalent bidding procedures, including agencies in other states; and
WHEREAS, the Department has identified Empire Machinery (Caterpillar) as providing the price provided to the City of Tucson and the lowest pricing on the needed tractor utilizing Omnia Partners as part of National IPA Purchasing Group; and WHEREAS, during the City Council meeting on June 15, 2021 the City Council approved the use of American Rescue Plan Act funding for the purchase of requested equipment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
1. That the foregoing is true, correct and adopted.
2. That the City Council hereby approves the purchase of one 2021 Massy Ferguson MF4707 CL wheel tractor with attachments based upon the received bid.
3. That the City Council further authorizes the City Manager or designee to execute any and all applicable documentation and take any and all necessary actions to implement this Resolution.
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Packet Pg. 313 Attachment: MF Reso (5358 : Purchase of 2021 Massey Ferguson Tractor) 12/2021/liz/A21-0252/Reso
ParksPurchaseTractor 2
PASSED AND ADOPTED at a regular meeting of the City Council of the City of El Centro, California held on day of , 2022.
CITY OF EL CENTRO
By _____________________
Tomas Oliva, Mayor
ATTEST:
By _____________________________
Norma Wyles, City Clerk
APPROVED AS TO FORM:
Office of the City Attorney
By________________________________
Elizabeth L. Martyn, City Attorney
STATE OF CALIFORNIA )
COUNTY OF IMPERIAL ) ss
CITY OF EL CENTRO )
I, Norma Wyles, City Clerk of the City of El Centro, California do hereby certify that the foregoing Resolution No. 22- was duly and regularly adopted at a regular meeting of the City Council of the City of El Centro, California, held on the day of , 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
By__________________________
Norma Wyles, City Clerk
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Packet Pg. 314 Attachment: MF Reso (5358 : Purchase of 2021 Massey Ferguson Tractor) City Council of the City of El Centro Meeting: 01/18/22 11:30 AM 1275 Main Street Department: Community Development
El Centro, CA 92243 Category: Amendment
Prepared By: Angel Hernandez
SCHEDULED Department Head: Angel Hernandez
RESOLUTION (ID # 5285) DOC ID: 5285
Amendment to Agreement with CityPlace Planning for
Preparing Zoning Code Update
CITY MANAGER’S RECOMMENDATION:
Adopt Resolution No. 22- , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EL CENTRO APPROVING THE FIRST AMENDMENT TO THE AGREEMENT
BETWEEN THE CITY AND CITYPLACE PLANNING FOR PROFESSIONAL
SERVICES FOR THE CITY OF EL CENTRO GENERAL PLAN LAND USE ELEMENT,
MOBILITY ELEMENT, AND ENVIRONMENTAL JUSTICE ELEMENT UPDATES AND
TO PREPARE A CONCEPTUAL THOROUGHFARE PLAN
FISCAL IMPACT:
Funding for housing related tasks will be from the California Housing and Community Development Department (HCD) Planning Grant Program and Local Early Action Planning Grant program in the amount of $166,560. Non-residential related tasks are not grant reimbursable and total $44,300 and are proposed to be paid from the General Fund or Measure P.
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
Goal 6: Strengthen El Centro’s resilience by diversifying the economy, recruiting new businesses, creating opportunities for business growth, retaining businesses, and maximizing efficiency.
Action 6.1: Update the Zoning Code to implement mixed-use zoning designation to facilitate residential development within existing commercial areas.
Action 6.2: Update the Zoning Code to allow artisan/small manufacturing uses, makerspaces, and other types of cultural production uses as permitted uses in downtown.
Action 6.3: Update the Zoning Code to revise residential development standards to encourage infill residential development, innovative housing types, and mixed density development through modified parking and open space requirements.
Action 6.4: Update Zoning Ordinance to facilitate “pop-up” shops, restaurants, and events on vacant lots, vacant store-fronts, and on public property with a special emphasis in locations downtown.
Action 6.5: Update the Zoning Ordinance to allow the expansion of home occupation uses and/or creating a second tier of home occupation permit, which would allow for more intensive commercial activity while still retaining residential as the primary use.
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:
Staff has verified the consultant’s business license status and insurance. The consultant 14 Packet Pg. 315
Resolution (ID # 5285) Meeting of January 18, 2022
has prepared the recent General Plan update and is assisting in the preparation of Housing Element and are knowledgeable with the implementation measures called for in those documents related to the Zoning Code.
BACKGROUND:
The City of El Centro adopted the El Centro 2040 General Plan Update at the June 15, 2021 City Council Meeting. The General Plan made focus updates to the Land Use Element, Mobility Element (formally Circulation Element), and prepared a new Environmental Justice Element. As part of the General Plan Update implementation plan, several revisions to the Zoning Ordinance are being required to account for new zoning designations, use regulations, and development standards necessitating a Zoning Code Update.
The City has obtained grant funding for from the Housing and Community Development Department’s Local Early Action Program (LEAP) and SB2 Planning Grant Program (PGP) for a total amount of $166,560. The grant funding is specifically for tasks related to housing development in the Zoning Code Update.
DISCUSSION:
On August 6, 2019, City Council approved a contract with CityPlace Planning to prepare the General Plan Update. Through their experience they are knowledgeable regarding the General Plan goals and programs as they relate to the required Zoning Code Update. Additionally, CityPlace Planning is a subconsultant with the Housing Element Update and have experience with housing related topics in El Centro. The SB2 Planning Grant Program (PGP) funding requires all tasks to be completed by June 30, 2022. For these reasons, staff is recommending that the existing CityPlace Planning contract to be amended to add the tasks related to the Zoning Code Update as they have the experience and knowledge to complete within the time frame required by the PGP grant.
CityPlace Planning have provided a cost estimate in the amount of $210,780. A copy of the scope of work and cost estimate is attached as Exhibit A. Grant funding is available to pay for approximately $166,480 of the contract as it is related to housing development. The remaining $44,300 are for non-residential related changes to the zoning code and are not reimbursable by the grant and are proposed to be paid by the General Fund or Measure P.
The amendment also includes references to the City’s PGP and LEAP grant agreements as required by the grant. The proposed amendment is attached as Exhibit B. A resolution for the City Council’s consideration is also attached as Exhibit C.
CONCLUSION:
Adopt Resolution No. 22- , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EL CENTRO APPROVING THE FIRST AMENDMENT TO THE AGREEMENT
BETWEEN THE CITY AND CITYPLACE PLANNING FOR PROFESSIONAL
SERVICES FOR THE CITY OF EL CENTRO GENERAL PLAN LAND USE ELEMENT,
MOBILITY ELEMENT, AND ENVIRONMENTAL JUSTICE ELEMENT UPDATES AND
TO PREPARE A CONCEPTUAL THOROUGHFARE PLAN
14 Packet Pg. 316
Resolution (ID # 5285) Meeting of January 18, 2022
ATTACHMENTS:
• Exhbit A -Scope of Work and Cost Estimate (PDF)
• Exhibit B - Contract Amendment 1_signed_Redacted (PDF) • Exhibit C - Resolution (DOCX)
14 Packet Pg. 317
1 Detailed Scope of Work
Zoning Code Updates for
Implementation of the 6th Cycle Housing Element, and
General Plan Update 2040
CityPlace Planning, Inc. will work collaboratively with the staff of the City of El Centro to update portions of the City’s Zoning Code in accordance with this scope of work. Emphasis will be placed on developing an updated document to implement the related goals and policies of the City’s recently adopted General Plan 2040 and the 6th Cycle Housing Element, while at the same time clarifying and updating as many of the existing ambiguous and/or outdated provisions as feasible. The General Plan 2040 Update was adopted in June 2021, and it is anticipated the Housing Element will be adopted in early 2022.
With guidance from City staff and policymakers, CityPlace Planning will include periodic public outreach activities in the approach to the update of the Zoning Code. The project will be conducted in two phases.
Phase I will entail completion of the City’s initial priorities that include the following Tasks:
Task 1 – Implementation of Housing Element: Implementation of the housing programs listed in the 6th Cycle Housing Element, and housing-related goals and policies in the General Plan update will be considered the highest priority.
A. Program 1: Update the zoning ordinance to implement the MU-1 designation and MU-2 overlay designation by 2024.
B. Program 2: Monitor Residential Capacity (SB 166 No Net Loss). Develop and implement a formal evaluation procedure pursuant to Government Code Section 65863 by 2022.
C. Program 3: By-right approval of projects with 20 percent affordable (AB 1397). Develop and implement a formal evaluation procedure pursuant to Government Code Section 65863 by 2022.
D. Program 7: Zoning Code Amendments.
a. Density Bonus:
i. AB 1763 – Density bonus and increased incentives for 100 percent affordable housing projects for lower income households. ii. SB 1227 – Density bonus for student housing development for students enrolled at a full-time college, and to establish prioritization for students experiencing homelessness.
iii. AB 2345 – revised the requirements for receiving concessions and incentives, and the maximum density bonus provided.
b. Emergency and Transitional Housing (AB 139) – local governments may include parking requirements for emergency shelters specifying that adequate parking must be provided for shelter staff, but overall parking requirements for shelters may not exceed the requirements for residential and commercial uses in the same zone. c. Low Barrier Navigation Center (AB 101) – “a Housing First, low-barrier, serviceenriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing.”
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Packet Pg. 318 Attachment: Exhbit A -Scope of Work and Cost Estimate (5285 : Amendment to Agreement with CityPlace Planning for Preparing Zoning Code 2 d. Supportive Housing (AB 2162) – requires supportive housing projects of 50 units or fewer to be permitted by-right in zones where multi-family and mixed-use developments are permitted, when the development meets certain conditions.
Prohibits minimum parking requirements within 1/2 mile of public transit stop. e. Address Farmworker Housing
f. Prepare ADU ordinance (Clarify differences between “second dwelling units” and “accessory units”
g. Open Space requirements – allows a reduction in open space when high-quality community amenities, such as play structures or covered seating and food preparation areas, are provided.
h. SB 35 Streamlined Approval – Establish a formal procedure for streamlining, including a pre-application checklist.
Task 2 - Update the Zoning Code and Zoning Map for General Plan Consistency: Zoning changes are required to achieve consistency with General Plan land use designations and the General Plan Land Use policy map. Task 2 reflects the General Plan Land Use Implementation Plan. Note that some tasks are partly covered in Task 1; housing-related tasks will be prioritized.
A. Housing-related tasks:
a. Prepare medical office overlay for east side of Imperial Avenue north of the Regional Medical Center.
b. Revise the zoning ordinance to add a requirement that a specific plan must be prepared for development of 40 acres or more.
c. Revise zoning map to be consistent with changes in land use element d. Revise the zoning ordinance to add design standards to existing and new zones and overlay zones with special emphasis on implementing the various OAs and VEAs (see LUE IP-2).
e. Revise zoning ordinance to add new allowable uses for various zones consistent with the updated LU element.
B. Non-housing related tasks:
a. Revise the zoning ordinance to delete the existing MBP zone and rezone accordingly. Amend the uses per LUE-IP-1g and the development standards to be consistent.
b. Update the development standards in the Zoning Code that relate to Downtown El Centro. Emphasize innovative uses, provide more clarity for development standards, and consider streamlined permitting processes.
Task 3 – Zoning Code Cleanup: This task will include clarifying and updating as many of the existing ambiguous and/or outdated provisions as feasible in the existing Zoning Code. Housing-related provisions will be prioritized.
A. Housing-related provisions to be updated:
a. Screening of properties along I-8
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Packet Pg. 319 Attachment: Exhbit A -Scope of Work and Cost Estimate (5285 : Amendment to Agreement with CityPlace Planning for Preparing Zoning Code 3 b. Identify percentage of lot to be landscaped for multifamily developments (R-2, R-3 zones)
c. Clarify the Site Plan Review Process, specify when projects require a Site Plan Review.
d. Update ordinance for small/large care facilities per SB2 e. Modify Table 29-116.1(d) to specify under side yard columns to say “not permitted except per Sec. 29-114(d))
f. Modify Residential Zones Development Standards Table 29-54.1(e)(2) “With a two (2) story building or portion thereof
g. Add minimum amount of front yard setback to be landscaped for residential. Or add maximum amount of front yard to be paved. Allow parking in residential areas no more than 10-feet into the front yard setback. Consistent with the allowance for an administrative review.
h. Definition for “Single room occupancy building”, under Sec. 29-34 “S” definitions, contains the wrong citation of the Health and Safety Code. Should be HSC Health and Safety Code Section 17958.1
i. Reduce guest parking requirements for apartment units. j. Provide definition for “Lot Coverage”.
k. Allow six-foot high wrought iron fencing along the front yard of Multi-unit apartment complexes
l. Should cargo/storage containers be allowed to be used as a structure for either residential and/or non-residential uses? If so, under what conditions? Provide guidance for aesthetics, consider different options, require engineering report to verify structural integrity following modifications. If allowed in commercial areas, what are the rules?
m. Landscaping: modify recommended tree, shrub and ground cover list, add requirement for top dressing, add spacing requirements. More detail and clarity is needed on landscaping requirements, remove Tamarask Tree and add Dalbergia Sissoo
n. Expand Home Occupation Permit requirements, MEHKOs
B. Non-housing-related provisions to be updated:
a. Add unlisted use to Zoning Ordinance – Water dispensing Facilities, Automobile Repossession, Solar Farms, Windmill Farms
b. Parking requirements for non-residential uses.
c. Clarify trash enclosure requirements (location, size access) d. Table 29-225(h) Automobile tent sales-limit them to 5 consecutive days within a 30 day period only.
e. Table 29-61.1(h)(3)-either remove the CUP requirement as it reads or add that this is only required for outdoor seating in the public right of way. f. Modify Section 29-62.1 (j) regarding outdoor storage to be more specific. g. Modify Sign Ordinance regarding projecting signs to allow signs to project a maximum of 3 feet
h. Change authority over barbed wired fences from Public Works Director to Community Development Director.
i. Flow chart for CUP in Section 29-320, references the wrong section for appeal procedure
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Packet Pg. 320 Attachment: Exhbit A -Scope of Work and Cost Estimate (5285 : Amendment to Agreement with CityPlace Planning for Preparing Zoning Code 4 j. Under Section 29-327, include that project conditions can be added to a change of zone as follows: “The city council shall hold a public hearing, review the record and the planning commission’s recommendation, shall enact, enact with conditions, or not enact the proposed change in zone designation and shall make finding which support its decision.”
k. Allow projection signs in the Downtown Zone (which doesn’t allow projection signs in the City ROW).
l. Allow professional offices in the CT Zone by right.
m. Modify Table 29-116.1(d) to specify under side yard columns to say “not permitted except per Sec. 29-114(d))
n. Update temporary use permit section
o. Establish a minimum lot size for drive-through businesses Task 4 – Mobility Element revisions: Revise the Zoning Code to implement mobility-related goals and policiesas appropriate.
A. Ensure new development or redevelopment projects follow Complete Streets principles.
B. Ensure developments on large parcels, such as Opportunity Areas 1, 4, and 5, create a friendly environment for people to walk, bike and access to public transit. This consists of short blocks and a grid network, bicycle facilities, linear parks, and enhancements included in the Pedestrian Treatment Toolbox (Figure ME-1).
Task 5 - Public Outreach and Public Hearings: The project team will conduct focused sessions with both market-rate and affordable housing developers and service providers at the outset of the effort, and again approximately half-way through the project (4 total). Topics of discussion may include feedback on draft development standards, incentives for the density bonus ordinance, and accessory dwelling unit requirements. We will conduct periodic check-ins with the Planning Commission and City Council to get feedback on pertinent revisions of the code and to report on progress (4 total). Focus on development standards for mixed-use, and for OA’s and VEA’s, and visual preference surveys for specific elements of the SOW, e.g. cargo containers, landscaping and screening. Virtual attendance is assumed.
Public Hearings: Phase I - CPP will attend up to 3 public hearings for adoption of the Zoning Code, assuming there will be one for Planning Commission, and two City Council hearings. Phase II - CPP will attend up to 3 public hearings for adoption of the Zoning Code, assuming there will be one for Planning Commission, and two City Council hearings. Virtual attendance is assumed.
Task 6: Environmental: CPP will prepare the necessary environmental clearance letter based on the assumption that environmental effects have been sufficiently examined in the General Plan EIR, adopted June 2021.
Revisions to the Scope of Work: The project team acknowledges that, due to the nature of amending a Zoning Code, there will likely be additional tasks that need to be addressed, and revisions needed to the SOW. The City and consultant will work together in good faith to accomplish the needed revisions within the project budget. If new tasks cannot be accomplished within the project budget, an amendment to the existing budget will be needed.
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Packet Pg. 321 Attachment: Exhbit A -Scope of Work and Cost Estimate (5285 : Amendment to Agreement with CityPlace Planning for Preparing Zoning Code 5 Project Coordination: Coordination meetings will be necessary between staff and the consultant team throughout the course of the Zoning Code update.
Deliverables: The City will provide a version of the current Zoning Code in Microsoft Word for editing. Additions/revisions to the Code will be made using a strikeout/underline format for minor revisions. In other cases, new sections of the code will need to be created. A separate document will be maintained for the new code sections.
Budget Summary:
Phase I: Changes to the Zoning Ordinance to implement the Housing Element:
Task Breakdown:
Task 1 – $52,250
Task 2, A. c, and d (partial) - $15,110
Task 5 (partial) - $10,000
Task 6 (partial) - $1,200
Task 7 (partial) - $8,000
Total - $86,560
Note: All work for Phase I to be completed and billed by June 30, 2022.
Phase II: Additional needed housing-related changes to the Zoning Ordinance Task Breakdown:
Task 2.A. a, b, d(partial), e – $12,500
Task 3.A. – $25,260
Task 4 – $13,600
Task 5 (partial) – $17,300
Task 6 (partial) – $600
Task 7 (partial) - $10,660
Total - $79,920
Phase II: Non-housing-related zoning code changes
Task 2.B. – $17,750
Task 3.B. - $26,550
Total - $44,300
The City will negotiate a contract with Consultant based on the following assumptions and conditions:
• All services rendered as described in the Scope of Work, including all labor, equipment, materials, and expenses, the Consultant shall be compensated on a time and expenses basis by task or phase for work completed.
• Not-to-exceed amount for services is estimated to be $210,780. This amount will be broken down by phase, and the consultant will work with the City to identify the best way to approach each item. The funding for this contract is from State awarded SB 2 funds, and the Local Early
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Packet Pg. 322 Attachment: Exhbit A -Scope of Work and Cost Estimate (5285 : Amendment to Agreement with CityPlace Planning for Preparing Zoning Code 6 Action Planning (LEAP) Grant awarded to the City in 2021 by the California Department of Housing and Community Development (HCD), the statewide housing policy and planning agency.
The City and Consultant will be bound by the requirements of these grants for housing-related Zoning Code amendment tasks.
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Packet Pg. 323 Attachment: Exhbit A -Scope of Work and Cost Estimate (5285 : Amendment to Agreement with CityPlace Planning for Preparing Zoning Code Cost Estimate for the City of El Centro Zoning Implementation Scope of Work - Phase I and II
KM CT PB GIS DV SP Total Time Materials Total
Zoning Code Update Tasks 282 247 746 30 140 156 1601.0 $ 210,780 $ - $ 210,780 Task 1 - Implementation of Housing Element Programs 160 20 154 0 40 40 414.0 $ 52,250.00 $ - $ 52,250 A. New Mixed-use designations (MU-1 and MU-2 overlay) 4 96 40 40 180.0 $ 25,000 $ 25,000.00 B. Monitor residential capacity 10 2 12.0 $ 1,400 $ 1,400.00 C. Enable by-right approval/ projects w/20% affordable units 16 2 18.0 $ 2,010 $ 2,010.00 D.Zoning Code Amendments (Program 7): 0.0 $ - $ -
a. Density bonus 60 4 64.0 $ 7,200 $ 7,200.00
b. Emergency and Transitional Housing 4 1 5.0 $ 590 $ 590.00 c. Low Barrier Navigation Center 30 2 32.0 $ 3,600 $ 3,600.00 d. Supportive Housing 1 4 5.0 $ 650 $ 650.00
e.Farmworker Housing 1 8 9.0 $ 1,150 $ 1,150.00
f. ADU requirements 40 2 42.0 $ 4,700 $ 4,700.00
g. Open Space requirements 1 4 5.0 $ 650 $ 650.00
h. SB 35 Streamlined Approval 2 40 42.0 $ 5,300 $ 5,300.00 Task 2 - General Plan Consistency - Zoning Code/Map 16 8 210 30 70 0 334 $ 45,360.00 $ - $ 45,360 A. Housing-related tasks: 0.0 $ - $ -
a. Prepare medical office overlay 40 20 60.0 $ 8,500 $ 8,500.00 b. Specific Plan requirement if development > 40 acres 4 4.0 $ 600 $ 600.00 c. Revise Zoning Map 2 30 30 62.0 $ 7,950 $ 7,950.00
d. Add design standards for OAs and VEAs 40 20 60.0 $ 8,500 $ 8,500.00 e. Revise use table 16 2 18.0 $ 2,060 $ 2,060.00
B. Non-housing-related tasks: 0.0 $ - $ -
a. Delete MBP zone, amend uses/development standards 20 20.0 $ 2,500 $ 2,500.00 b. Update development standards for Downtown El Centro 80 30 110.0 $ 15,250 $ 15,250.00 Task 3 - Zoning Code Cleanup 100 55 158 0 30 56 399 $ 51,810.00 $ - $ 51,810 A. Housing-related tasks: Misc as identified by staff 20 20 58 30 56 184.0 $ 25,260 $ 25,260.00 B. Non-Housing-related tasks: Misc as identified by staff 80 35 100 215.0 $ 26,550 $ 26,550.00 Task 4 - Mobility Element revisions 0 0 44 0 0 60 104.0 $ 13,600.00 $ - $ 13,600 A. Ensure projects follow Complete Streets principles 24 24.0 $ 3,000 $ 3,000.00 B. Mobility standards for large parcel development 20 60 80.0 $ 10,600 $ 10,600.00 Task 5 - Public Outreach 0 72 132 0 0 0 204 $ 27,300.00 $ - $ 27,300 Focused sessions with market and affordable developers 8 8 16.0 $ 2,200 $ 2,200.00 4 joint PC/CC check-in sessions 32 64 96.0 $ 12,800 $ 12,800.00 6 adoption hearings (3 for Phase I and 3 for Phase II) 32 60 92.0 $ 12,300 $ 12,300.00 Hours Cost
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Packet Pg. 324 Attachment: Exhbit A -Scope of Work and Cost Estimate (5285 : Amendment to Agreement with CityPlace Cost Estimate for the City of El Centro Zoning Implementation Scope of Work - Phase I and II
Hours Cost
Task 6 - Environmental 0 12 0 0 0 0 12 $ 1,800.00 $ - $ 1,800 Environmental clearance letter 12 12.0 $ 1,800 $ 1,800.00 Task 7 - Project coordination 6 80 48 0 0 0 134 $ 18,660.00 $ - $ 18,660 Coordination with staff 6 20 36 62.0 $ 8,160 $ 8,160.00 Project management 60 12 72.0 $ 10,500 $ 10,500.00
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Packet Pg. 325 Attachment: Exhbit A -Scope of Work and Cost Estimate (5285 : Amendment to Agreement with CityPlace
14.b
Packet Pg. 326 Attachment: Exhibit B - Contract Amendment 1_signed_Redacted (5285 : Amendment to Agreement with CityPlace Planning for Preparing Zoning Code
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Packet Pg. 327 Attachment: Exhibit B - Contract Amendment 1_signed_Redacted (5285 : Amendment to Agreement with CityPlace Planning for Preparing Zoning Code 12/2021/liz/A21-0244/Reso/FirstAmend/CityPlacePlanning
RESOLUTION NO. 22 –
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL
CENTRO APPROVING THE FIRST AMENDMENT TO THE
AGREEMENT BETWEEN THE CITY AND CITYPLACE
PLANNING FOR PROFESSIONAL SERVICES FOR THE CITY
OF EL CENTRO GENERAL PLAN LAND USE ELEMENT,
MOBILITY ELEMENT, AND ENVIRONMENTAL JUSTICE
ELEMENT UPDATES AND TO PREPARE A CONCEPTUAL
THOROUGHFARE PLAN
WHEREAS, the needed services for implementing the City of El Centro General Plan Land Use Element, Mobility Element, Environmental Justice Element, Housing Element and to prepare a Conceptual Thoroughfare Plan require revising and updating Chapter 29–Zoning (Zoning Ordinance) of the El Centro Municipal Code; and
WHEREAS, revising and updating the Zoning Ordinance were not included in the original agreement for updating the General Plan between the City and CityPlace Planning, Inc. thus additional costs for services are required to implement the General Plan; and WHEREAS, it is necessary for the City Council to approve a first amendment to the previously approved agreement for professional services with CityPlace Planning Inc. passed and adopted on August 16, 2019 for professional services for the City of El Centro General Plan Land Use Element, Mobility Element, and Environmental Justice Element Updates and to prepare a Conceptual Thoroughfare Plan Project (the “Agreement”) which first amendment provides for additional services related to revising and updating the Zoning Ordinance to make it consistent with such revisions to the General Plan by the current consultant at an additional cost of two hundred ten, seven hundred eighty dollars ($210,780); and WHEREAS, the City Council finds that its approval of the Amendment No. 1 is in the best interest of the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
1. That the foregoing is true, correct and adopted.
2. That the City does hereby approve Amendment No. 1 to the Agreement between the City and CityPlace Planning, Inc. which first amendment provides for additional services related to revising and updating the Zoning Ordinance.
3. That the City Manager is hereby authorized to sign Amendment No. 1 on behalf of the City, a copy which is on file in the office of the City Clerk and to take any and all actions necessary to implement it.
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Packet Pg. 328 Attachment: Exhibit C - Resolution (5285 : Amendment to Agreement with CityPlace Planning for Preparing Zoning Code Update) 12/2021/liz/A21-0244/Reso/FirstAmend/CityPlacePlanning
PASSED AND ADOPTED at a regular meeting of the City Council of the City of El Centro, California held on the day of , 2022.
CITY OF EL CENTRO
By _______________________
Tomas Oliva, Mayor
ATTEST:
By
Norma Wyles, City Clerk
APPROVED AS TO FORM:
Office of the City Attorney
By
Elizabeth L. Martyn, City Attorney
STATE OF CALIFORNIA )
COUNTY OF IMPERIAL ) ss
CITY OF EL CENTRO )
I, Norma Wyles, City Clerk of the City of El Centro, California, do hereby certify that the foregoing Resolution No. 22- was duly and regularly adopted a regular meeting of the City Council of the City of El Centro, California, held on the day of , 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
By
Norma Wyles, City Clerk
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Packet Pg. 329 Attachment: Exhibit C - Resolution (5285 : Amendment to Agreement with CityPlace Planning for Preparing Zoning Code Update) City Council of the City of El Centro Meeting: 01/18/22 11:30 AM 1275 Main Street Department: Public Works
El Centro, CA 92243 Category: Informational
Prepared By: Abraham Campos
SCHEDULED Department Head: Abraham Campos
INFORMATION ITEM (ID # 5371) DOC ID: 5371
WTP Emergency Repairs Update
Background
On February 2, 2021, City Council approved an emergency project for emergency repairs at a water main located at the Water Treatment Plant.
On November 16, 2021, City Council approved a revised budget of $863,116 and formally awarded the repair work to A&R Construction.
Work Update
Physical work occurred on 8th Street in front of the water plant the week of November 15th. This was Phase I of a 3 phase project. Phase II, started January 3 and is expected to continue through the third week of January. Project is expected to be completed by early February.
Staff will return to Council with information items on the emergency work every Council meeting to keep Council updated until the emergency project is completed. 15 Packet Pg. 330
Successor Agency to the Redevelopment Agency Meeting: 01/18/22 11:30 AM 1275 Main Street Department: Community Services
El Centro, CA 92243 Category: Amendment
Prepared By: Adriana Nava
REVIEWED Department Head: Adriana Nava
ACTION ITEM (ID # 5330) DOC ID: 5330
Discussion and related action regarding Exclusive
Negotiating Agreement Extension to Provide an Additional 180 Day Period to Complete Final Project Documents with Chelsea Investment Corporation
CITY MANAGER’S RECOMMENDATION:
Adopt Resolution No. SA 22- , RESOLUTION OF THE SUCCESSOR AGENCY TO
THE REDEVELOPMENT AGENCY OF THE CITY OF EL CENTRO APPROVING AMENDMENT NO. 2 TO THE EXCLUSIVE NEGOTIATING AGREEMENT WITH
CHELSEA INVESTMENT CORPORATION FOR THE SALE OF CERTAIN REAL
PROPERTY OWNED BY THE SUCCESSOR AGENCY TO PROVIDE AN ADDITION 180 DAY PERIOD TO COMPLETE FINAL PROJECT DOCUMENTS.
FISCAL IMPACT:
The Exclusive Negotiating Agreement with Chelsea Investment Corporation will not have a fiscal impact on the general fund.
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
Goal 5: Enhance the quality of life in El Centro by promoting community engagement and investing in new opportunities that foster civic pride and beautification through community accountability.
Action 5.1: Encourage and incentivize building rehabilitation and infill development of vacant and unused properties.
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:
City Staff has completed numerous affordable housing projects with Chelsea Investments and they are a firm capable of developing affordable housing projects.
BACKGROUND:
Redevelopment Agencies were dissolved by the State in 2012. As part of Assembly Bill 1484, the El Centro Successor Agency (SA) was required to develop a Long Range Property Management Plan that governs the disposition and use of the former redevelopment agency property. The El Centro Successor Agency owns a 5.91-acre property immediately east of First Responders Park (refer to Location Map). Under the adopted Long Range Property Management Plan, the property was set aside for affordable housing and in 2020, it had an appraised value of $1.18 Million. In 2020, various affordable housing developers were interested in purchasing the property for the purpose of submitting grant applications to the State.
16 Packet Pg. 331
Action Item (ID # 5330) Meeting of January 18, 2022
A Request for Proposals (RFP) was prepared by staff to maintain a transparent and competitive process. As a result of the RFP and subsequent interview process, the reviewing committee ultimately selected Chelsea Investment Corporation.
On February 16, 2021, the Successor Agency Board approved an Exclusive Negotiating Agreement (ENA) to provide site control to the developer. Generally, the ENA indicates the Successor Agency will not negotiate with, solicit offers or proposals regarding, or respond to inquiries from (other than to notify the inquiring party, person, entity that the Agency is subject to an Exclusive Negotiation Agreement) as it relates to the subject property. In the event the property is sold to Chelsea Investments, the proceeds of the sale will go to the State of California due to the dissolution of redevelopment agencies.
DISCUSSION:
Since the approval of the ENA, Staff has worked with Chelsea Investments on the preparation of an Affordable Housing and Sustainable Communities grant application.
This joint application with the City of El Centro and Chelsea Investment was submitted to the State on June 8, 2021. This grant allows for onsite as well as offsite improvements.
The original ENA expired on August 15, 2021. Chelsea submitted a request for an extension of the Initial Term for up to an additional one hundred and eighty (180) days.
The original extension for the ENA is set to expire on February 11, 2022.
In addition to the grant submittal, staff has been collaborating with Chelsea on the preliminary planning of the development. Chelsea's progress with the project includes the following:
• Secured entitlements for both phases.
• Site Plan, elevation, and landscaping plan for both phases completed. • Conducting due diligence for the preparation of American Land Title Association survey of the property to identify all title exceptions and existing conditions as well as the Preliminary Title Report.
In addition to this, Chelsea and City staff are currently working on the preparation of a Disposition and Development Agreement that will be brought before the Agency Board for approval in March 2022.
On January 10, 2022, City Staff was informed by the Strategic Growth Council Staff that the Jacaranda Gardens project was included in the Staff Recommendations for award.
While promising, these are staff recommendations and are not final until after Strategic Growth Council action during their January 26, 2022 meeting. As such, significant progress has been made on advancing the Jacaranda Gardens multi-family project, and City Staff recommends to continue to work with Chelsea Investments in order to further this project.
CONCLUSION:
Staff recommends adoption of Resolution No. SA 22- , A RESOLUTION OF THE
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF EL CENTRO APPROVING AMENDMENT NO. 2 TO THE EXCLUSIVE NEGOTIATING 16 Packet Pg. 332
Action Item (ID # 5330) Meeting of January 18, 2022
AGREEMENT WITH CHELSEA INVESTMENT CORPORATION FOR THE SALE OF
CERTAIN REAL PROPERTY OWNED BY THE SUCCESSOR AGENCY TO PROVIDE AN ADDITION 180 DAY PERIOD TO COMPLETE FINAL PROJECT DOCUMENTS.
ATTACHMENTS:
• AHSC_Jacaranda Gardens_Synopsis (PDF)
• ENA amendment 2 resolution (PDF)
• AHSC_R6_Appendix_A (PDF)
• ENA amendment 2 signed by Chelsea (PDF)
16 Packet Pg. 333
Jacaranda Gardens (Lincoln El Centro) Project Overview
Jacaranda Gardens is a 96-unit affordable housing community that will serve families earning 30% to 60% of Area Median Income (AMI). Site design includes a community room, computer room and BBQ/picnic area as well as a playground for the kids. A range of services will be available to residents such as adult education and skill building classes, job counseling and financial literacy. Supportive Services for residents may include job training, after school programs as well as computer and technology training. All services will be free of charge to residents and conducted on-site. The Project is ideally located near many walkable amenities for the family resident population to take advantage of, including elementary and middle schools, shopping, transit, restaurants, and the newly opened First Responders’ Park across the street.
Affordable Housing and Sustainable Communities (AHSC) Grant Overview
• Chelsea Investment Corporation (CIC) partnered with the City of El Centro on the application • 96-Unit Family Project; 24 one-bedroom units, 48 two-bedroom units, 24 three-bedroom units; 30% - 60% AMI • AHSC funding request: $15,552,753
• Commitment includes:
o $2,810,000 in Sustainable Transportation Infrastructure (STI) improvements in the area (City of El Centro) o $2,472,000 to purchase 48 vans for CalVans to provide vanpool services in Imperial County o $10,270,753 for the Affordable Housing Community
• The Strategic Growth Council (SGC) intends to request California HCD amend the AHSC NOFA to reflect an additional $380M revenues for a total amount of $785M for Round 6 AHSC applications o All applicant requests statewide total $1.1B
Site / Region Specific Features
• Transformational change of a blighted, vacant lot into a beautiful affordable housing community o Across from the new, $2M First Responders’ Park
• Proximity of the project to commercial and recreational land uses reduces reliance on vehicles • Improvement of a north/south connector roadway to improve traffic flow and reduce vehicle miles travelled • Improved connectivity for emergency access
• Imperial County’s high unemployment rate of 17.7% (3X the national rate) is alleviated by:
o Partnership with GRID Alternatives to train workers in the area to install solar panels o Partnership with Workforce Development to train youth workers • In this census tract, 31% of renters are housing cost burdened, paying over 50% of their income on rent o Leaves little money left to pay for other living expenses o Results in would-be residents (including farmworkers) driving long distances to live across the border o End the cycle of poverty by providing social services to residents – children and adults alike
16.a
Packet Pg. 334 Attachment: AHSC_Jacaranda Gardens_Synopsis (5330 : ENA Extension with Chelsea) Scoring – 100 total points
• AHSC Guidelines state: The Council will use discretionary funds to ensure a distribution of total AHSC funds that allows for all Geographic Areas with a competitive application to receive funds • Inland Southern California (Riverside, San Bernardino, Imperial) is identified as its own Geographic Area • 55 available points: Non-GHG Quantitative Policy Section o Per self-scoring – Project scores ~47 out of 55 points o Per self-scoring – Project has the second highest score of the 4 submitted in the Inland So. CA Area o Project is an Integrated Connectivity Project (ICP) area application o Per self-scoring - Project has the highest score in the region for ICP applications According to the AHSC Guidelines, funds will be awarded according to project area types:
• 35% of funds for Integrated Connectivity Project (ICP) applications (statewide) o $141.7M of the original $405M NOFA;
o $274.7M if the additional $385M in funds are added
ICP requests in the region: $21.5M
• 20% of funds may be awarded to any eligible project area type • 30 available points: Greenhouse Gas (GHG) Reductions
o Anticipated score will range from 21 to 24 points
• 15 available points: Narrative Section
o Difficult to determine
Timeline
• Early Aug: Eligibility determination letters
• Early Aug: Initial Score letters
• 10/28/21: Awards to be made at the Strategic Growth Council Meeting
16.a
Packet Pg. 335 Attachment: AHSC_Jacaranda Gardens_Synopsis (5330 : ENA Extension with Chelsea) 01/2022/liz/A22-0004/SAReso/AmendNo2/Chelsea
RESOLUTION NO. SA 22-
A RESOLUTION OF THE SUCCESSOR AGENCY TO
THE REDEVELOPMENT AGENCY OF THE CITY OF
EL CENTRO APPROVING AMENDMENT NO. 2 TO
THE EXCLUSIVE NEGOTIATING AGREEMENT
WITH CHELSEA INVESTMENT CORPORATION FOR
THE SALE OF CERTAIN REAL PROPERTY OWNED
BY THE SUCCESSOR AGENCY TO PROVIDE AN
ADDITIONAL 180 DAY PERIOD TO COMPLETE
FINAL PROJECT DOCUMENTS
WHEREAS, as the result of an RFP process, the City as the Successor Agency to the Redevelopment Agency of the City of El Centro (City or Successor Agency) chose Chelsea Investment Corporation (Chelsea) to develop affordable housing on the City’s property located at the northeast comer of Lincoln Avenue and Waterman Avenue in the City of El Centro; and WHEREAS, the Exclusive Negotiating Agreement (ENA) with Chelsea was approved by the City as the Successor Agency Board on February 16, 2021 per Resolution No. SA 21-01; and WHEREAS, the Exclusive Negotiating Agreement was scheduled to expire on August 15, 2021 and then was extended for an additional 180 day period to February 11, 2022; and WHEREAS, Staff now has been notified that the City has been awarded funding for the proposed affordable housing project; and
WHEREAS, the City and Chelsea are working together on a draft Disposition and Development Agreement and/ other necessary documents and needs additional time to finalize those documents and mutually have agreed to a second and additional 180 day extension; because not included within the current language of the ENA, and Amendment No. 2 to the ENA has been prepared and agreed upon by Chelsea; and
WHEREAS, Staff recommends that the Successor Agency Board now approve Amendment No. 2 to the ENA providing for an additional one hundred eighty (180) day extension of the ENA from February 11, 2022.
NOW, THEREFORE, THE SUCCESSOR AGENCY TO THE REDEVELOPMENT
AGENCY OF THE CITY OF EL CENTRO, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
1. That the foregoing istrue, correct and adopted hereby.
2.That the Successor Agency does hereby approve the extension of the ENA for an additional 180 day period from February 2022 to as set out in Amendment No. 2 to the ENA, on file with the City Clerk.
PASSED AND ADOPTED at a regular meeting of the Successor Agency to the Redevelopment Agency of the City of El Centro, California, held on the day of
16.b
Packet Pg. 336 Attachment: ENA amendment 2 resolution (5330 : ENA Extension with Chelsea) 01/2022/liz/A22-0004/SAReso/AmendNo2/Chelsea
,2022.
CITY OF EL CENTRO
By: ______________________________
Tomas Oliva, Chairperson
ATTEST:
By:
Norma Wyles, Board Secretary
APPROVED AS TO FORM: OFFICE
OF THE CITY ATTORNEY
By:_______________________________
Elizabeth L. Martyn, Board Counsel
STATE OF CALIFORNIA )
COUNTY OF IMPERIAL ) ss
CITY OF EL CENTRO )
I, Norma Wyles, Board Secretary for the Successor Agency to the Redevelopment Agency of the City of El Centro, California, do hereby certify that the foregoing Resolution No. SA 22- was duly adopted at a regular meeting of the Successor Agency to the Redevelopment Agency of the City of El Centro, California, held on the day of , 2022,by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
By _
Norma Wyles, Board Secretary
16.b
Packet Pg. 337 Attachment: ENA amendment 2 resolution (5330 : ENA Extension with Chelsea) 0 1/2022/liz/A22-0004/SAReso/AmendNo2/Chelsea
16.b
Packet Pg. 338 Attachment: ENA amendment 2 resolution (5330 : ENA Extension with Chelsea)
Appendix A-1
Staff Recommendations: AHSC Round 6 Fiscal Year 2019-2020 and 2020-2021 Awards Transit Oriented Developments (TOD)
Project Name Applicants Project Final Score Location Total Units Income Restricted Units Housing Funding Programs
Funding
Transportation
Funding Total AHSC Award Disadvantage
d Community
(GHG
Reduction)/(AHSC
Funding Request)
Umeya Apartments
LTSC Community Development Corporation; City of Los Angeles, Housing & Community Investment Department Los Angeles 92 175 173 $ 20,000,000 $ 511,400 $ 9,488,600 $ 30,000,000 Y 0.001880 Grandview Apartments TOD
Abode Communities; City of Los Angeles, Housing & Community Investment Department Los Angeles 88.5 100 94 $ 9,054,838 $ 319,200 $ 4,630,800 $ 14,004,838 Y 0.003169 Locke Lofts Flexible PSH Solutions, Inc.; City of Los Angeles Los Angeles 88 150 148 $ 20,000,000 $ 470,000 $ 9,530,000 $ 30,000,000 Y 0.001726 The Kelsey Civic Center Mercy Housing California; City of San Francisco; County of San Francisco San Francisco 87 112 98 $ 20,000,000 $ 269,952 $ 9,000,000 $ 29,269,952 N 0.001943 Dupont Apartments First Community Housing San Jose 86.16 141 107 $ 7,979,600 $ 208,000 $ 4,628,993 $ 12,816,593 N 0.002304 On Broadway Apartments EAH Inc. Sacramento 83.66 140 138 $ 18,446,000 $ 554,000 $ 10,000,000 $ 29,000,000 Y 0.002977 Tamien Station
Core Affordable Housing, LLC; Central Valley Coalition for Affordable Housing San Jose 81.66 135 134 $ 18,500,000 $ 249,949 $ 10,000,000 $ 28,749,949 Y 0.001585 Balboa Reservoir
BRIDGE Housing Corporation; City of San Francisco; County of San Francisco San Francisco 81.5 124 87 $ 19,610,404 $ 253,741 $ 9,721,341 $ 29,585,486 N 0.001213 501 601 E. Compton Resources for Community Development Compton 81 290 58 $ 12,255,662 $ 568,800 $ 8,073,490 $ 20,897,952 Y 0.002198 Longfellow Corner and Transit Improvements Resources for Community Development; City of Oakland Oakland 78 77 76 $ 12,319,140 $ 233,240 $ 7,034,634 $ 19,587,014 Y 0.001571 Lake Merritt BART Senior Affordable Housing East Bay Asian Local Development Corporation; City of Oakland Oakland 78 97 96 $ 16,500,000 $ 369,812 $ 7,543,164 $ 24,412,976 Y 0.001272 Mayfair El Cerrito BRIDGE Housing Corporation; City of El Cerrito El Cerrito 77.16 69 68 $ 17,222,372 $ 403,159 $ 9,285,313 $ 26,910,844 N 0.001174 Subtotal TOD Projects: 1610 1277 $ 191,888,016 $ 4,411,253 $ 98,936,335 $ 295,235,604 Integrated Connectivity Projects (ICP)
Project Name Applicants Project Final Score Location Total Units Income Restricted Units Housing Funding Programs
Funding
Transportation
Funding
Total AHSC
Requested
Disadvantage
d Community
(GHG
Reduction)/(AHSC
Funding Request)
Middlefield Junction Mercy Housing California Redwood City 95 179 155 $ 14,860,000 $ 637,500 $ 10,000,000 $ 25,497,500 N 0.001957 Richland Village Sutter Community Affordable Housing; Sage Housing Group LLC Yuba City 92 176 175 $ 20,425,000 $ 375,000 $ 9,200,000 $ 30,000,000 Y 0.001740 The Hunter House Service First of Northern California Stockton 89.33 120 119 $ 17,240,556 $ 293,460 $ 9,473,054 $ 27,007,070 Y 0.001652 965 Weeks Street
Mid-Peninsula The Farm, Inc.; East Palo Alto Community Alliance Neighborhood Dev. Organization; City of East Palo Alto East Palo Alto 89 136 135 $ 11,700,000 $ 337,125 $ 7,750,000 $ 19,787,125 Y 0.001661 Renaissance at Baker
Vista Del Monte Affordable Housing Inc.; Housing Authority of the County of Kern; City of Bakersfield Bakersfield 88.66 85 84 $ 10,000,000 $ 208,040 $ 4,469,110 $ 14,677,150 Y 0.001978 Lancaster BRIDGE Housing Corporation; City of Lancaster Lancaster 88 114 113 $ 14,291,374 $ 310,340 $ 10,000,000 $ 24,601,714 N 0.002726 West Valley Connector and Pomona East End Village
Vista Del Monte Affordable Housing Inc.; City of Pomona; San Bernardino County Transportation Authority Pomona 87.66 125 123 $ 18,432,668 $ 332,840 $ 8,822,321 $ 27,587,829 Y 0.003416 West LA VA- Building 156 & 157 and Big Blue Bus Westside Expansion
Century Affordable Development, Inc. ("CADI"); City of Santa Monica - Big Blue Bus
Unincorporated
Los Angeles
County 87.33 112 110 $ 10,157,108 $ 232,500 $ 8,809,534 $ 19,199,142 N 0.001711 Menlo Ave Apartments Omni America LLC; City of Los Angeles / Housing + Community Investment Los Angeles 85.33 123 123 $ 15,735,000 $ 428,600 $ 7,260,000 $ 23,423,600 Y 0.001841 Sunnydale HOPE SF Block 3A
The Related Companies of California, LLC; Mercy Housing California; City of San Francisco; County of San Francisco San Francisco 84.66 80 79 $ 10,850,000 $ 500,000 $ 9,855,299 $ 21,205,299 N 0.002142 Nellie Hannon Gateway Affordable Housing and Sustainable Transportation Improvements Resources for Community Development Emeryville 84.66 90 89 $ 10,123,184 $ 268,004 $ 9,624,634 $ 20,015,822 Y 0.001449 Central Terrace Apartments Many Mansions Oxnard 84 87 86 $ 15,298,727 $ 338,462 $ 8,159,500 $ 23,796,689 Y 0.001338 Subtotal ICP Projects: 1427 1391 $ 169,113,617 $ 4,261,871 $ 103,423,452 $ 276,798,940 Rural Innovation Projects (RIPA)
Project Name Applicants Project Final Score Location Total Units Income Restricted Units Housing Funding Programs
Funding
Transportation
Funding
Total AHSC
Requested
Disadvantage
d Community
(GHG
Reduction)/(AHSC
Funding Request)
Escalante Meadows Housing Authority of the County of Santa Barabara Guadalupe 86.33 80 73 $ 12,000,000 $ 209,130 $ 7,166,050 $ 19,375,180 N 0.001078 Shasta Lake Downtown Revitalization
Community Revitalization and Development Corporation; Win River Hotel Corporation; City of Shasta Lake; ADK Properties LLC Shasta Lake 86 49 48 $ 8,276,661 $ 270,848 $ 7,992,750 $ 16,540,259 N 0.00044 Sugar Pine Village The Related Companies of California, LLC; City of South Lake Tahoe South Lake
Tahoe 86 60 59 $ 10,551,967 $ 284,960 $ 6,522,543 $ 17,359,470 N 0.000840 Newmark Village Apartments Pacific West Communities, Inc; City of Sanger Sanger 84.66 72 71 $ 6,700,000 $ 302,240 $ 3,658,000 $ 10,660,240 Y 0.002089 Los Arroyos Housing and Transportation Improvement
Project Self-Help Enterprises Farmersville 84 54 53 $ 7,274,285 $ 104,900 $ 7,144,385 $ 14,523,570 Y 0.004142 Subtotal RIPA Projects: 315 304 $ 44,802,913 $ 1,172,078 $ 32,483,728 $ 78,458,719 Discretionary Funding
Project Name Applicants Project Final Score Location Total Units Income Restricted Units Housing Funding Programs
Funding
Transportation
Funding
Total AHSC
Requested
Disadvantage
d Community
(GHG
Reduction)/(AHSC
Funding Request)
Lazulli Landing MidPen Housing Corporation Union City 83.33 81 74 $ 13,500,000 $ 488,958 $ 7,134,634 $ 21,123,592 N 0.001384 87th & Western Apartments
Innovative Housing Opportunities, Inc.; City of Los Angeles / Housing + Community Investment Department Los Angeles 82.66 160 157 $ 20,000,000 $ 378,200 $ 9,621,800 $ 30,000,000 Y 0.00080 Pacific Station North First Community Housing; City of Santa Cruz; Metro Santa Cruz Santa Cruz 82.5 95 93 $ 20,000,000 $ 302,960 $ 9,365,940 $ 29,668,900 N 0.000491 Vista Terrace
Thomas Safran & Associates Development Inc.; City of Los Angeles / Housing + Community Investment Los Angeles 82 102 101 $ 12,000,000 $ 381,800 $ 9,618,200 $ 22,000,000 Y 0.000917 Jordan Downs Area H2B BRIDGE Housing Corporation; City of Los Angeles Los Angeles 82 119 94 $ 9,000,000 $ 327,287 $ 4,632,600 $ 13,959,887 Y 0.000929 Azuriik
Metropolitan Area Advisory Committee on Anti-Poverty of San Diego County, Inc.
San Diego
(National City) 81.33 400 396 $ 11,350,000 $ 200,000 $ 4,950,000 $ 16,500,000 Y 0.001189 Jacaranda Gardens Chelsea Investment Corporation; City of El Centro El Centro 78.5 96 95 $ 10,270,753 $ 254,720 $ 5,282,000 $ 15,807,473 N 0.001692 Subtotal Discretionary: 1053 1010 $ 96,120,753 $ 2,333,925 $ 50,605,174 $ 149,059,852
16.c
Packet Pg. 339 Attachment: AHSC_R6_Appendix_A (5330 : ENA Extension with Chelsea)
Applications Not Recommended for Award Appendix A-2
Transit Oriented Developments
Project Name Applicants Project
Location
Final
Score
Total
Units
Income
Restricted
Units
Housing
Funding
Program
Funding
Transportation
Funding
AHSC Funds
Requested
Disadvantaged
Community
(GHG
Reduction)/(AHSC
Funding Request)
Union
The Skid Row Housing Trust; City
of Long Beach
Long Beach 77 160 123 $ 13,500,000 $ 392,248 $ 6,507,204 $ 20,399,452 Y 0.001113 Metrowalk at Richmond Station
Pacific West Communities, Inc.;
City of Richmond Richmond 74.83 150 96 $ 20,000,000 $ 397,504 $ 9,499,506 $ 29,897,010 Y 0.001082 Watts Station
Thomas Safran & Associates
Development Inc.; City of Los
Angeles Los Angeles 73 87 86 $ 10,000,000 $ 354,800 $ 6,689,800 $ 17,044,600 Y 0.000722 Integrated Connectivity Projects
Project Name Project Applicants Location
Final
Score
Total
Units
Income
Restricted
Units
Housing
Funding
Program
Funding
Transportation
Funding
AHSC Funds
Requested
Disadvantaged
Community
(GHG
Reduction)/(AHSC
Funding Request)
699 YVR and Sustainable
Transportation Improvements
Resources for Community
Development Walnut Creek 81 97 96 $ 12,778,838 $ 369,668 $ 7,248,660 $ 20,397,166 N 0.001456 Sunnydale HOPE SF Block 3B
The Related Companies of
California, LLC; Mercy Housing
California; City of San Francisco;
County of San Francisco San Francisco 80.33 90 89 $ 9,381,500 $ 500,000 $ 6,420,000 $ 16,301,500 N 0.001541 Meridian at Corona Station
Danco Communities; City of
Petaluma; Sonoma Marin Area Rail
Transit (SMART) Petaluma 77.16 131 130 $ 20,000,000 $ 180,000 $ 9,820,000 $ 30,000,000 N 0.001469 Mirasol Village Block D
McCormack Baron Salazar;
Sacramento Housing
Redevelopment Agency Sacramento 76.33 116 90 $ 19,750,000 $ 262,000 $ 9,539,000 $ 29,551,000 N 0.000586 Mt. Etna San Diego
Chelsea Investment Corporation;
City of San Diego San Diego 74.5 94 71 $ 6,850,000 $ 321,824 $ 4,453,402 $ 11,625,226 N 0.000540 The Hillcrest Housing and Mobility
Project
DFA Development LLC; City of San
Diego San Diego 73.5 68 67 $ 8,575,912 $ 352,280 $ 2,650,000 $ 11,578,192 N 0.001258 Anaheim Beach-Lincoln
Affordable Housing Access, Inc.;
City of Anaheim Anaheim 71.16 100 99 $ 12,000,000 $ 622,958 $ 5,983,477 $ 18,606,435 N 0.000507 Citadel Village Townhomes
Citadel Community Development
Corporation Hemet 34.33 50 50 $ 13,750,000 $ 1,000,000 $ 5,000,000 $ 19,750,000 N 0.000000 Citadel Boulder Village
Citadel Community Development
Corporation Hemet 29.66 91 91 $ 24,256,864 $ 1,000,000 $ 5,000,000 $ 30,256,864 Y 0.000000 Rural Innovation Projects
Project Name Applicants Project
Location
Final
Score
Total
Units
Income
Restricted
Units
Housing
Funding
Program
Funding
Transportation
Funding
AHSC Funds
Requested
Disadvantaged
Community
(GHG
Reduction)/(AHSC
Funding Request)
Eureka Scattered Site Project
Linc Housing Corporation; City of
Eureka Eureka 77.16 107 93 $ 12,804,620 $ 386,158 $ 6,886,060 $ 20,076,838 N 0.000666 Barstow Mountain View Apartments
Milestone Housing Group, LLC;
City of Barstow; Pacific Housing,
Inc. Barstow 71.5 81 80 $ 14,095,000 $ 497,400 $ 6,502,600 $ 21,095,000 Y 0.000209 Parlier Family Apartments
Danco Communities; City of
Parlier; Fresno County Rural
Transit Agency Parlier 70 81 80 $ 10,000,000 $ 239,928 $ 5,370,000 $ 15,609,928 Y 0.000304 River Walk Terrace Apartments
Central California Housing
Corporation; Housing Authority of
the City of Paso Robles Paso Robles 55.33 79 78 $ 11,000,000 $ - $ 9,502,966 $ 20,502,966 N 0.000169
16.c
Packet Pg. 340 Attachment: AHSC_R6_Appendix_A (5330 : ENA Extension with Chelsea)
Appendix A-3
Applications that withdrew, failed threshold review, or were deemed ineligible Project Name Applicants Project Location Project Type Issue(s) AHSC Funds Requested
2111 Firestone
Domus Development; County of
Los Angeles; Elsey Holdings LLC Los Angeles TOD Withdrew application $ 15,712,644 1880 Walnut Street Housing
Heritage Housing Partners; City of
Pasadena Pasadena TOD
Phase 3 financial review identified ineligible
expenses $ 8,750,000
16.c
Packet Pg. 341 Attachment: AHSC_R6_Appendix_A (5330 : ENA Extension with Chelsea) Appendix A-4
AHSC Awards According to Programmatic Objectives
Number of Awards Proposed Awards Percent of Total
Funding Awarded
Total Funding Recommended
Affordable Housing
Disadvantaged Community
Low-Income Community
Low-Income Community w.in 1/2 mile of Disadvantaged Community Federally Recognized Native American Tribal Project
Transit Oriented Development (TOD) Project Areas
Integrated Connectivity Project (ICP) Areas
Rural Innovation Project Areas (RIPA)
36 36
22 32
5 1
12 19
5 $799,553,114
$501,925,299
$490,591,711
$128,750,822
$118,609,361
$16,540,259
$295,235,604
$425,858,792
$78,458,719
100%
62.78%
61.36%
16.10%
14.83%
2.07%
37%
53%
10%
AHSC Housing Units Funded
Total Units Funded 4,405 units
Extremely Low Income (At or below 30% Area Median Income) Units Funded 1,354 units
Very Low Income (Between 31-50% Area Median Income)
Units Funded 1,378 units
Low Income (Between 51-80% Area Median Income)
Units Funded 1,381 units
Supportive Housing
Units Funded 417 units
Senior Housing
Units Funded 97 units
AHSC Awards- Disadvantaged Communities Breakdown
Number of Projects Total Dollars Funded Percentage of
Total Funding
CalEnviroscreen 3.0 Percentile
95-100
90-95
85-90
80-85
75-80
7 2
5 2
6 $173,249,427
$32,660,240
$93,969,113
$54,412,976
$136,299,955
21.67%
4.08%
11.75%
6.81%
17.05%
16.c
Packet Pg. 342 Attachment: AHSC_R6_Appendix_A (5330 : ENA Extension with Chelsea) 01/2022/A22-0004/Reso/Chelsea/AmndNo2
Amendment No. 2 to Exclusive Negotiating
Agreement
This is Amendment No. 2 to that Exclusive Negotiating Agreement made February 16,2021, by and between the City of El Centro as the Successor Agency to the Redevelopment Agency of the City of El Centro ("City" or "Successor Agency") and Chelsea Investment Corporation ("Developer") amended as of August 15, 2021 (Amendment No.1) (the ENA) and is made this 18th day of January 2022 (Amendment No. 2).
RECITALS
A. The Exclusive Negotiating Agreement isscheduled to expire on February 11, 2022.
B. Section 2 (B) of the Agreement provides that the Parties may extend the Initial Term of the ENA for an additional term of 180 days and shall memorialize such extension at least 30 days prior the expiration of the Initial Term.
C. The Initial Term has been extended once to the February 11, 2022 date.
D. Staff has been notified that the contemplated affordable housing project with Chelsea will be funded.
E. Staff and Chelsea are working together on a Disposition and Development Agreement and require additional time to complete these documents.
F. Staff and Chelsea therefore request that the extended term of the ENA now be extended for another 180-day period to allow them to complete the DDA and present it to the City Council for approval.
NOW, THEREFORE, the Parties agree as follows:
I. Section 2 (B) of the Agreement is amended to provide that the extended Initial Term of the ENA may be and is extended for an additional term of 180 days from February 11, 2022, the date of the extended Initial Term.
2. This Amendment No. 2 memorializes such extension.
3. All other terms and conditions of the ENA shall remain the same.
16.d
Packet Pg. 343 Attachment: ENA amendment 2 signed by Chelsea (5330 : ENA Extension with Chelsea) 01/2022/A22-0004/Reso/Chelsea/AmndNo2
WITNESS THE EXECUTION HEREOF on the day and year hereinabove written.
CITY OF EL CENTRO
By: ___________________________
Marcela Piedra, City Manager Date
CHELSEA INVESMENT CORPORATION,
A California Corporation
By: ___________________________
Cheri Hoffman, President Date
01/12/2022
16.d
Packet Pg. 344 Attachment: ENA amendment 2 signed by Chelsea (5330 : ENA Extension with Chelsea)