AGENDA
CITY OF EL CENTRO
CITY COUNCIL
TUESDAY, APRIL 5, 2022
City Hall Regular Meeting 11:30 AM
CITY HALL
COUNCIL CHAMBERS
1275 MAIN STREET
EL CENTRO, CA 92243
City of El Centro Page 1
The public may attend in person. The City asks that anyone in attendance that is not fully vaccinated wear a mask. The public may choose to be outside subject to the same requirements. Any member of the public attending in person and wishing to make a comment is asked to complete a speaker slip and follow the instructions below regarding “Notice to the Public”. Any member of the public is invited to submit public comments in advance of the meeting to be answered at the meeting. Please email your questions to [email protected] or call 760-337-4515 by April 5, 2022.
COUNCIL MEMBERS, STAFF AND THE PUBLIC MAY ATTEND VIA ZOOM.
To participate and make a public comment via Zoom or telephone, please raise your hand, speak up and introduce yourself.
Join Zoom Meeting:
https://us02web.zoom.us/j/99352787812?pwd=WitsSWhCZksxcjZCc1RSKzVPK1VjQT09 Optional dial-in number: 1 (669) 900-6833
Meeting ID: 993 5278 7812 Passcode: 764919
Public comments via zoom are subject to the same time limits as those in person.
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 - RDA CONFERENCE ROOM
ROLL CALL (Open Session)
CLOSED SESSION PUBLIC COMMENT:
Agenda City Council of the City of El Centro April 5, 2022 City of El Centro Page 2
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 Agency Representatives Marcela Piedra, City Manager, Dulce Bedolla, Human Resource 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; negotiation with all bargaining units within the City.
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 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 concerning any 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
Agenda City Council of the City of El Centro April 5, 2022 City of El Centro Page 3
INVOCATION
6:05-6:10 CITY ATTORNEY REPORT ON CLOSED SESSION
6:10-6:30 PRESENTATIONS AND ANNOUNCEMENTS BY MAYOR
1. Proclamation - Autism Awareness Month April 2022
2. National Public Safety Telecommunicators Week - April 10-16, 2022
3. National Library Week April 3-9, 2022
4. Presentation of New Firefighters
6:30-6:35 PUBLIC COMMENTS
6:35-6:40 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.
5. Approve Warrant Registers for the Month of February 2022
6. Approve Payroll Registers for the Month of February 2022
7. Approve Treasurer's Report for the Month of February 2022
8. Approve City Council Minutes of February 15, 2022.
9. Adopt Resolution No. 22- , RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF EL CENTRO CONFIRMING THE CONTINUATION OF THE LOCAL
STATE OF EMERGENCY AND THE STATE OF EMERGENCY PROCLAIMED BY GOVERNOR NEWSOM ON MARCH 4, 2020 AND AUTHORIZING
REMOTE TELECONFERENCE MEETINGS OF THE CITY COUNCIL FOR THE PERIOD APRIL 5, 2022 THROUGH MAY 5, 2022.
10. Acceptance of Mr. Richard Lopez resignation from the Library & Community Services Board effective immediately with regrets, and authorize City Clerk to advertise the unscheduled vacancy.
11. Approve the plans and specifications for the Alder Sewer Repairs Project and authorize staff to release for public bidding.
12. Adopt Resolution No. 22- , A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF EL CENTRO INITIATING PROCEEDINGS FOR THE LEVY AND
COLLECTION OF ASSESSMENTS FOR THE EL CENTRO TOWN CENTER LANDSCAPING AND LIGHTING DISTRICT FOR FISCAL YEAR 2022-2023
AND ORDERING THE PREPARATION OF AN ENGINEER'S REPORT IN
CONNECTION THEREWITH
Agenda City Council of the City of El Centro April 5, 2022 City of El Centro Page 4
13. Adopt Resolution No. 22- , RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF EL CENTRO, FOR PRELIMINARY APPROVAL OF THE
ENGINEER'S ANNUAL LEVY REPORT REGARDING THE EL CENTRO
TOWN CENTER LANDSCAPING AND LIGHTING DISTRICT; AND THE LEVY
AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2022-2023
14. Adopt Resolution No. 22- , RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF EL CENTRO DECLARING ITS INTENTION TO LEVY AND COLLECT
ANNUAL ASSESSMENTS RELATED TO THE EL CENTRO TOWN CENTER LANDSCAPING AND LIGHTING DISTRICT FOR FISCAL YEAR 2022-2023
15. Adopt Resolution 22- , A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF EL CENTRO INITIATING PROCEEDINGS FOR THE LEVY AND
COLLECTION OF ASSESSMENTS FOR THE EL CENTRO LEGACY RANCH LANDSCAPING AND LIGHTING DISTRICT, FOR FISCAL YEAR 2022-2023;
AND ORDERING THE PREPARATION OF AN ENGINEER'S REPORT IN
CONNECTION THEREWITH
16. Adopt Resolution 22- , A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF EL CENTRO FOR PRELIMINARY APPROVAL OF THE ENGINEER'S
ANNUAL LEVY REPORT REGARDING THE EL CENTRO LEGACY RANCH LANDSCAPING AND LIGHTING DISTRICT; AND THE LEVY AND
COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO FOR
FISCAL YEAR 2022-2023
17. Adopt Resolution 22- , A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF EL CENTRO, CALIFORNIA, DECLARING ITS INTENTION TO LEVY
AND COLLECT ANNUAL ASSESSMENTS RELATED TO THE EL CENTRO
LEGACY RANCH LANDSCAPING AND LIGHTING DISTRICT FOR FISCAL YEAR 2022-2023
18. Adopt Resolution No. 22- , A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF EL CENTRO INITIATING PROCEEDINGS FOR THE LEVY AND
COLLECTION OF ASSESSMENTS FOR THE EL CENTRO BUENA VISTA LANDSCAPING AND LIGHTING DISTRICT FOR FISCAL YEAR 2022-2023
AND ORDERING THE PREPARATION OF AN ENGINEER'S REPORT IN
CONNECTION THEREWITH
19. Adopt Resolution No. 22- , RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF EL CENTRO FOR PRELIMINARY APPROVAL OF THE ENGINEER'S
ANNUAL LEVY REPORT REGARDING THE EL CENTRO BUENA VISTA
LANDSCAPING AND LIGHTING DISTRICT; AND THE LEVY AND
COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO FOR
FISCAL YEAR 2022-2023
Agenda City Council of the City of El Centro April 5, 2022 City of El Centro Page 5
20. Adopt Resolution No. 22- , RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF EL CENTRO DECLARING ITS INTENTION TO LEVY AND COLLECT
ANNUAL ASSESSMENTS RELATED TO THE EL CENTRO BUENA VISTA LANDSCAPING AND LIGHTING DISTRICT FOR FISCAL YEAR 2022-2023 6:40-7:20 PUBLIC HEARING
21. Discussion and related action regarding the naming of the Majors Field at Frazier Field - Eddie White Complex to Frank Leal Majors Field PRESENTATION: Adriana Nava, Community Services Director RECOMMENDATION:
Discussion and related action regarding the naming of the Majors Field at Frazier Field - Eddie White Complex to Frank Leal Majors Field.
22. Public Hearing - Approval of the City of El Centro Community Development Block Grant (CDBG) "Draft" 2022-2023 One-Year Action Plan PRESENTATION: Adrianna Nava, Director of Community Services RECOMMENDATION:
1. Open Public Hearing and solicit public input on the Draft CDBG Program OneYear Action Plan for the 2022-2023 Program Year.
2. Adopt Resolution No. 22- , RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF EL CENTRO APPROVING THE ONE-YEAR ACTION PLAN FOR THE 2022-2023 COMMUNITY DEVELOPMENT BLOCK GRANT FUND FROM THE U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
7:20-8:00 NEW BUSINESS
23. Discussion and any necessary action regarding the approval of a Amended and Restated Agreement between the City and CR&R Incorporated for Integrated Solid Waste Management Services
PRESENTATION: Abraham Campos, PE - Public Works Director/City Engineer RECOMMENDATION:
Adopt Resolution No. 22- , RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EL CENTRO APPROVING THE AMENDED AND RESTATED AGREEMENT
BETWEEN THE CITY AND CR&R INCORPORATED FOR INTEGRATED SOLID
WASTE MANAGEMENT SERVICES
Agenda City Council of the City of El Centro April 5, 2022 City of El Centro Page 6
24. Discussion and any necessary action directing staff to administer the Proposition 218 process for solid waste collection rates PRESENTATION: Abraham Campos, PE - Public Works Director/City Engineer RECOMMENDATION:
1. Direct staff to administer the Proposition 218 majority protest process and send out notice of the proposed increased to all property owners with trash collection service.
2. Set a Public Hearing on June 7, 2022 for the City Council’s consideration of the proposed rate schedule.
25. Economic Development Administration (EDA) COVID-19 Revolving Loan Fund Guidelines Waiver for Home 2 Suites
PRESENTATION: Adriana Nava, Community Services Director RECOMMENDATION:
Approve a one-time waiver of the EDA COVID-19 Revolving Loan Fund maximum loan of $100,000 to facilitate the loan of $250,000 to Home2Suites
LEGISLATIVE ACTION
INFORMATIONAL ITEMS
26. Received and filed notification of Southern California Gas Company's request for rate increase Application A.22-03-008
8:00-8:30 TASK FORCE REPORTS AND MAYOR - COUNCIL MEMBER
REPORTS
8:30-8:40 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: 04/05/22 11:30 AM 1275 Main Street Department: City Council
El Centro, CA 92243 Category: Proclamation
Prepared By: Cynthia De Zilwa
SCHEDULED Department Head: Tomás Oliva
PRESENTATION (ID # 5481) DOC ID: 5481
Proclamation - Autism Awareness Month April 2022
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City Council of the City of El Centro Meeting: 04/05/22 11:30 AM 1275 Main Street Department: City Council
El Centro, CA 92243 Category: Recognition
Prepared By: Cynthia De Zilwa
SCHEDULED Department Head: Tomás Oliva
PRESENTATION (ID # 5396) DOC ID: 5396
National Public Safety Telecommunicators Week - April 10- 16, 2022
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City Council of the City of El Centro Meeting: 04/05/22 11:30 AM 1275 Main Street Department: City Council
El Centro, CA 92243 Category: Recognition
Prepared By: Cynthia De Zilwa
SCHEDULED Department Head: Tomás Oliva
PRESENTATION (ID # 5395) DOC ID: 5395
National Library Week April 3-9, 2022
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City Council of the City of El Centro Meeting: 04/05/22 11:30 AM 1275 Main Street Department: Fire
El Centro, CA 92243 Category: Presentation
Prepared By: Norma Wyles
SCHEDULED Department Head: Cedric Cesena
PRESENTATION (ID # 5487) DOC ID: 5487
Presentation of New Firefighters
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City Council of the City of El Centro Meeting: 04/05/22 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 # 5459) DOC ID: 5459
Warrant Registers for February 2022
CITY MANAGER’S RECOMMENDATION:
Approve Warrant Registers for the Month of February 2022 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:
• February 2022 (PDF)
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Attachment: February 2022 (5459 : Warrant Registers - February 2022) City Council of the City of El Centro Meeting: 04/05/22 11:30 AM 1275 Main Street Department: Finance
El Centro, CA 92243 Category: Informational
Prepared By: Karla Chaparro
SCHEDULED Department Head: Richard Romero
ACTION ITEM (ID # 5476) DOC ID: 5476
Discussion and any necessary action regarding approval of Payroll Registers for the Month of February 2022
CITY MANAGER’S RECOMMENDATION:
Approve Payroll Registers for the Month of February 2022 ATTACHMENTS:
• February Payroll (PDF)
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Attachment: February Payroll (5476 : Payroll Registers for the Month of February 2022) City Council of the City of El Centro Meeting: 04/05/22 11:30 AM 1275 Main Street Department: Finance
El Centro, CA 92243 Category: Report
Prepared By: Anthony G. Plancarte
SCHEDULED Department Head: Richard Romero
ACTION ITEM (ID # 5477) DOC ID: 5477
Treasurer's Report - February 2022
CITY MANAGER’S RECOMMENDATION:
Approve Treasurer's Report for the Month of February 2022 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:
• Treasurer's Report February 2022 (PDF)
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Attachment: Treasurer's Report February 2022 (5477 : Treasurer's Report - February 2022) City Council of the City of El Centro Meeting: 04/05/22 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 # 5482) DOC ID: 5482
Approval of City Council Minutes of February 15, 2022
CITY MANAGER’S RECOMMENDATION:
Approve City Council Minutes of February 15, 2022.
ATTACHMENTS:
• 2-15-2022 Joint Regular CC Minutes (DOCX)
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Book 36
JOINT REGULAR MEETING
EL CENTRO CITY COUNCIL
CITY COUNCIL AS SUCCESSOR AGENCY
TO THE REDEVELOPMENT AGENCY/
SUCCESSOR HOUSING AGENCY
CITY HALL, COUNCIL CHAMBERS
1275 MAIN STREET, EL CENTRO, CA
TUESDAY, FEBRUARY 15, 2022 11:30 A.M.
The El Centro City Council met in an all virtual joint regular session on February 15, 2022 at 11:32 a.m. in Conference Room A, 1275 Main Street, El Centro, California for the purpose of closed session.
PRESENT: Council: Garcia, Viegas-Walker, Oliva, Cardenas-Singh, Marroquin City Clerk Wyles, City Manager Piedra, City Attorney Martyn Evans ABSENT: None
Closed Session Public Comment
None
CITY COUNCIL CLOSED SESSION
Moved by Marroquin, second by Viegas-Walker, to adjourn into closed session for:
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.
POSSIBLE LITIGATION INITIATED BY 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 regarding a public agency's failure to obtain City grading approval.
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.
Motion unanimously carried.
Closed Session concluded at 12:45 p.m.
City Council recessed to 6:00 p.m.
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Attachment: 2-15-2022 Joint Regular CC Minutes (5482 : Approval of City Council Minutes) Book 36
OPEN SESSION
The El Centro City Council met in an all virtual joint regular session on Tuesday, February 15, 2022 at 6:00 p.m. in Council Chambers, El Centro City Hall, 1275 Main Street, El Centro, California.
PRESENT: Council: Garcia, Viegas-Walker, Oliva, Cardenas-Singh, Marroquin 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 Mayor Pro-Tem Cardenas-Singh, and Invocation was given by Council Member Viegas-Walker.
CITY ATTORNEY REPORT ON CLOSED SESSION
City Attorney Martyn stated that there was no reportable action coming out of closed session.
SCHEDULED PRESENTATIONS
1. Proclamation – National FFA Week, February 19-26, 2022, received by Daniela Bastidas of Southwest High School.
2. National Engineers Week – February 20-26, 2022. Certificate was received by Abraham Campos, Director of Public Works/City Engineer.
PUBLIC COMMENTS
Public comment was received by Pete Rodriguez.
CONSENT AGENDA
Moved by Viegas-Walker, second by Marroquin, approving consent agenda items #3 – #6.
3. Approval of Warrant Registers for the Month of January 2022.
4. Approval of Payroll Registers for the Month of January 2022.
5. Approval of Treasurer’s Report for the Month of January 2022.
6. Approval of City Council minutes of January 18, 2022 and February 1, 2022.
AYES: Garcia, Viegas-Walker, Oliva, Cardenas-Singh, Marroquin NOES: None
ABSENT: None
ASTAINED: None
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PUBLIC HEARINGS
7. This was the date and time set for a public hearing to consider the recommendation of the Planning Commission regarding Conditional Use Permit No. 21-06 for Telecommunications Tower at 486 S.
Dogwood Avenue. Presentation by Angel Hernandez, Interim Community Development Director.
Mayor Oliva declared the public hearing opened and asked if anyone wish to speak in favor or opposition to come forward. Seeing no one wishing to speak, the public hearing was closed. Council Member Viegas-Walker, Council Member Marroquin and Mayor Pro-Tem Cardenas-Singh had several questions regarding the project. Council Member Viegas Walker asked to report back on a future Council meeting as to what that internal process is going to look like. Garry Ferrara, representing from Vertical Bridge, spoke regarding the tower.
Moved by Oliva, second by Garcia, adoption of Resolution No. 22-09, RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 21-06 FOR AN 85-FOOT TELECOMMUNICATIONS TOWER AT 3486 S.
DOGWOOD AVENUE.
AYES: Garcia, Oliva, Cardenas-Singh
NOES: Viegas- Walker, Marroquin
ABSENT: None
ABSTAINED: None
8. This was the date and time set for a public hearing for the purpose discussion and necessary action regarding the Zoning Variance 21-02 for Telecommunications Tower at 3486 S. Dogwood Avenue.
Presentation by Angel Hernandez, Interim Community Development Director. Mayor Oliva declared the public hearing opened and asked if anyone wished to speak in favor or opposition to come forward. Seeing no one wishing to speak, the public hearing was closed.
Moved by Viegas-Walker, second by Garcia, adoption of Resolution No. 22-10, RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA APPROVING ZONING VARIANCE 21-02 ALLOWING AN INCREASE TO THE MAXIMUM HEIGHT LIMIT FOR A TELECOMMUNICATIONS TOWER AT 3486 S. DOGWOOD AVENUE
AYES: Garcia, Oliva, Cardenas-Singh
NOES: Viegas-Walker, Marroquin
ABSENT: None
ABSTAINED: None
NEW BUSINESS
9. Presentation by Elizabeth Martyn, City Attorney, DACA waiver agreement approval.
Moved by Viegas-Walker, second by Garcia, adoption of Resolution No. 22-11, RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA, APPROVING THE
EXECUTION AND DELIVERY OF THE WAIVER GRANTED BY THE BENEFICIAL OWNER
AND THE TRUSTEE WITH RESPECT TO CERTAIN BOND COVENANTS
AYES: Garcia, Viegas-Walker, Oliva, Cardenas-Singh, Marroquin NOES: None
ABSENT: None
ABSTAINED:None
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Attachment: 2-15-2022 Joint Regular CC Minutes (5482 : Approval of City Council Minutes) Book 36
10. Presentation by Adriana Nava, Community Services Director, adoption of First Responders Park Honor Wall Guidelines.
Moved by Viegas-Walker, second by Marroquin, adoption of Resolution No. 22-12, RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF EL CENTRO ADOPTING FIRST RESPONDERS
PARK HONOR WALL GUIDELINES
AYES: Garcia, Viegas-Walker, Oliva, Cardenas-Singh, Marroquin NOES: None
ABSENT: None
ABSTAIN: None
11. Presentation by Marcela Piedra, City Manager, discussion and any necessary action regarding approval of COVID-19 Vaccination and Testing Policy. Kristi Messik spoke regarding the vaccine mandate.
Moved by Marroquin, second by Viegas-Walker, adoption of Resolution No. 22-13, RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA, ESTABLISHING AND ADOPTING A COVID-19 VACCINATION OR TESTING POLICY FOR CURRENT AND
FUTURE CITY EMPLOYEES
AYES: Garcia, Viegas-Walker, Oliva, Cardenas-Singh, Marroquin NOES: None
ABSENT: None
ABSTAINED: None
12. Presentation by Richard Romero, Director of Finance, Mid-Year Budget Presentation FY 2022.
For discussion only.
13. Presentation by Richard Romero, Director of Finance, approval of Transfer, Surrender and Cancellation Agreement – Successor Agency 2011 A & B Increment Bonds.
Moved by Viegas-Walker, second by Marroquin, adoption of Resolution No. 22-14, RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA, APPROVING THE TRANSFER, SURRENDER AND CANCELLATION AGREEMENT WITH THE U.S. BANK NATIONAL ASSOCIATION FOR THE SUCCESSOR AGENCY 2011A AND 2011B TAX
ALLOCATION BONDS
AYES: Garcia, Viegas-Walker, Oliva, Cardenas-Singh, Marroquin NOES: None
ABSENT: None
ABSTAINED: None
14. Presentation by Abraham Campos, PE, Public Works Director/City Engineer, discussion and any necessary action regarding the approval of Mandatory Recycling Ordinance. City Council had a few questions and concerns regarding how this mandatory recycling ordinance was going to be handled with the various businesses and restaurants and what can the City do to support such efforts.
Moved by Viegas-Walker, second by Garcia, approval of Ordinance No. 22-01, AN ORDINANCE OF THE CITY OF EL CENTRO REPEALING AND READOPTING CITY CODE CHAPTER 12
IN ITS ENTIRETY TO PROVIDE FOR MANDATORY RECYCLING AND ORGANIC WASTE DISPOSAL REDUCTION, waive reading and approve as first reading and authorize City Clerk to place on the next agenda for reading and adoption.
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Attachment: 2-15-2022 Joint Regular CC Minutes (5482 : Approval of City Council Minutes) Book 36
AYES: Garcia, Viegas-Walker, Oliva, Cardenas-Singh, Marroquin NOES: None
ABSENT: None
ABSTAINED: None
15. Moved by Viegas-Walker, second by Marroquin, adoption of Resolution No. 22-15, RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF EL CENTRO APPROVING A CONSULTANT AGREEMENT FOR PROFESSIONAL SERVICES WITH COMSITE PACIFIC, INC. DBA
PEGASUS TELECOMMUNICATIONS CONSULTING GROUP FOR TELECOMMUNICATIONS
CONSULTING AND ENGINEERING SERVICES RELATING TO THE CITY OF EL CENTRO POLICE STATION PROJECT. Mel Samples thanked the Mayor for the opportunity to serve the City of El Centro.
AYES: Garcia, Viegas-Walker, Oliva, Cardenas-Singh, Marroquin NOES: None
ABSENT: None
ABSTAINED: None
16. Moved by Viegas-Walker, second by Cardenas-Singh, adoption of Resolution No. 22-16,
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO AWARDING THE BID
AND AUTHORIZING THE EXECUTION OF A CONTRACT FOR THE WATER TREATMENT PLANT RAW WATER ELECTRICAL PANEL REPLACEMENT PROJECT.
AYES: Garcia, Viegas-Walker, Oliva, Cardenas-Singh, Marroquin NOES: None
ABSENT: None
ABSTAINED: None
17. Presentation by Abraham Campos, PE – Public Works Director/City Engineer, presentation regarding under billed water consumption affecting roughly three percent of water customers in El Centro.
Council Member Marroquin recommended that a letter be sent to residents to contact the City regarding their water bills and establish a payment plan. For direction only.
18. Presentation by Abraham Campos, PE – Public Works Director/City Engineer, presentation regarding unauthorized sewer connections to City sewer infrastructure. Recommendation by City Council is to extend financing to five (5) years for sewer connections. For direction only.
LEGISLATIVE ACTION
None
DEPARTMENT REPORT
19. Special event report presented by Adriana Nava, Director of Community Services. Ms. Nava gave an update for Council to let them know how the events are being planned. She also talked about the events that are coming up in March and in April. Council Member Viegas-Walker asked for a revised personnel cost report from Ms. Nava.
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Attachment: 2-15-2022 Joint Regular CC Minutes (5482 : Approval of City Council Minutes) Book 36
City Council recessed and convened as the Successor Agency to the Redevelopment Agency at 8:30 p.m.
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
PRESENT: Agency Members: Garcia, Viegas-Walker, Oliva, Cardenas-Singh, Marroquin Secretary Wyles, Executive Officer Manager Piedra, Agency Counsel Martyn Evans
20. Moved by Viegas-Walker, second by Marroquin, Adoption of Resolution No. SA 22-02,
RESOLUTION OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF
THE CITY OF EL CENTRO, CALIFORNIA APPROVING THE TRANSFER, SURRENDER AND CANCELLATION AGREEMENT WITH U.S. BANK NATIONAL ASSOCIATION FOR THE SUCCESSOR AGENCY 2011A AND 2011B TAX ALLOCATION BONDS
AYES: Garcia, Viegas-Walker, Oliva, Cardenas-Singh, Marroquin NOES: None
ABSENT: None
ABSTAINED: None
Successor Agency to the Redevelopment Agency adjourned at 8:32 p.m. and reconvened as City Council.
City Council recessed and convened as the Financing Authority at 8:35 p.m.
FINANCING AUTHORITY
PRESENT: Council: Garcia, Viegas-Walker, Oliva, Cardenas-Singh, Marroquin Secretary Wyles, Executive Director Piedra, Attorney Martyn Evans
FINANCING AUTHORITY - CONSENT AGENDA
1. Moved by Viegas-Walker, second by Marroquin, approval of the Financing Authority Minutes of May 18, 2021.
AYES: Garcia, Viegas-Walker, Oliva, Cardenas-Singh, Marroquin NOES: None
ABSENT: None
ABSTAINED: None
FINANCING AUTHORITY - NEW BUSINESS
2. Moved by Viegas-Walker, second by Marroquin, adoption of Resolution No. FA 22-01, RESOLUTION
OF THE CITY COUNCIL OF THE CITY EL CENTRO FINANCING AUTHORITY APPROVING THE
EXECUTION AND DELIVERY OF THE WAIVER GRANTED BY THE BENEFICIAL OWNER AND
THE TRUSTEES WITH RESPECT TO CERTAIN BOND COVENANTS
AYES: Garcia, Viegas-Walker, Oliva, Cardenas-Singh, Marroquin NOES: None
ABSENT: None
ABSTAINED: None
Finance Authority adjourned at 8:35 p.m. and reconvened as City Council.
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Attachment: 2-15-2022 Joint Regular CC Minutes (5482 : Approval of City Council Minutes) Book 36
TASK FORCE AND MAYOR & COUNCIL MEMBERS REPORTS
Mayor and Council Members reported on their activities since last City Council meeting and upcoming events. Task Force and Mayor Report from Mayor Oliva is attached and is an addition of the minutes.
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 Oliva adjourned the meeting at 8:53 p.m. __________________________
Norma Wyles, City Clerk
APPROVED BY:
________________________________
Tomas Oliva, Mayor
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Attachment: 2-15-2022 Joint Regular CC Minutes (5482 : Approval of City Council Minutes) Book 36
MEMORANDUM TO THE CITY OF EL CENTRO
To: City Clerk
From: Tomás Oliva, Mayor
Date: 02/15/2022
RE: Council Member Report for February 15, 2022
COMMUNITY MEETINGS:
COEC Parks & Recreation:
Meeting w/ Joey Imperial and Adriana Nava via Zoom (Oliva): At the request of Joey Imperial, Staff and myself met to clarify a misunderstanding on the process by which the city allocates fields to different leagues and organizations.
Media Interviews:
KYMA and Univision (Oliva): New media outlets reached out to discuss and ask my opinion on the update to the mask mandates related to COVID-19.
Imperial Regional Detention Facility:
Meet and Greet w/ New Warden (Oliva & Cardenas-Singh): The Imperial Regional Detention Facility reached out to introduce us to the new Warden of the Immigrant Detention Facility. He is from Texas and is excited to be part of the Valley. The Warden offered to give Council Members a Tour of the facility, should there be interest.
__________________________________________________________________ STANDING COMMITTEES:
ECRMC Board of Trustee:
Board of Trustee Board Meeting (Oliva & Marroquin): An Emergency meeting was called for February 10th to discuss the receipt of a letter addressed to ECRMC and requested a vote of no confidence against the CEO of the hospital. Details were discussed in Closed Session. __________________________________________________________________ AD-HOC, COMMITTEES & TASK FORCES:
COVID-19 Pandemic Response & Economic Recovery Task Force:
Meeting On XX/XX/XX (Oliva): Chief Ceseña presented to Members an update on Covid Case Rates, Recovery rates, and made projects for the weeks to come based on previous years data. Staff also gives an overview on COEC Employee status and City rules/procedures. __________________________________________________________________ CERTIFICATES/PROCLAMATIONS:
Proclamation to Central Baptist Church – El Centro (Oliva & Marroquin): On the Council meeting on February 1, 2022, we virtually presented a Proclamation to the Central Baptist Church in celebrating their 70th Anniversary. On February 12, 2022 – Oliva & Marroquin were present in person to present the Proclamation to the Pastor at the Church’s Anniversary Celebration. __________________________________________________________________
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Attachment: 2-15-2022 Joint Regular CC Minutes (5482 : Approval of City Council Minutes) City Council of the City of El Centro Meeting: 04/05/22 11:30 AM 1275 Main Street Department: City Clerk's Office
El Centro, CA 92243 Category: Resolution
Prepared By: Norma Wyles
SCHEDULED Department Head: Norma Wyles
ACTION ITEM (ID # 5467) DOC ID: 5467
Resolution Authorizing Remote Teleconference Meetings
CITY MANAGER’S RECOMMENDATION:
Adopt Resolution No. 22- , RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EL CENTRO CONFIRMING THE CONTINUATION OF THE LOCAL STATE OF
EMERGENCY AND THE STATE OF EMERGENCY PROCLAIMED BY GOVERNOR NEWSOM ON MARCH 4, 2020 AND AUTHORIZING REMOTE TELECONFERENCE MEETINGS OF THE CITY COUNCIL FOR THE PERIOD APRIL 5, 2022 THROUGH MAY 5, 2022.
FISCAL IMPACT:
None
STRATEGIC PLANNING PROGRAM 2013-2018 RELATION:
N/A
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:
None
DISCUSSION:
If the City wishes to continue with virtual meetings, then the Council should consider and adopt this Resolution. It will apply to all Brown Act covered bodies within the City.
The previous teleconferencing provisions continue to apply but only for Council members on a trip or vacation do not change.
The bases for determining to continue virtual meeting participation are either the inability effectively to socially distance at public meetings (a health and safety issue) or a determination that a public meeting would present imminent danger to the participants. The inability to socially distance is set out in this Resolution.
In addition, AB 361 states requirements for virtual meetings (many of which were part of various Governor’s orders): requirements for clear noticing, allowing time for public comment during meetings, and observance of all statutory and constitutional rights of participants. The public may not be required to provide written comments in advance of the meeting. The legislation also provides that if the internet connection is lost, the meeting must stop until it is reacquired. Action taken without an internet connection is subject to challenge.
The ability to hold a virtual meeting lasts only as long as the Governor’s declaration of a statewide emergency. The Council may terminate virtual meetings at any time before that.
CONCLUSION:
9 Packet Pg. 93
Action Item (ID # 5467) Meeting of April 5, 2022
Adopt Resolution No. 22- , RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EL CENTRO CONFIRMING THE CONTINUATION OF THE LOCAL STATE OF
EMERGENCY AND THE STATE OF EMERGENCY PROCLAIMED BY GOVERNOR NEWSOM ON MARCH 4, 2020 AND AUTHORIZING REMOTE TELECONFERENCE MEETINGS OF THE CITY COUNCIL FOR THE PERIOD APRIL 5, 2022 THROUGH MAY, 2022.
ATTACHMENTS:
• Resolution for teleconferene April 5 (DOCX)
9 Packet Pg. 94
01/2022/liz/A22-0005/Reso
EmergDecTeleconferenceMeetings
RESOLUTION NO. 22-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO CONFIRMING
THE CONTINUATION OF THE LOCAL STATE OF EMERGENCY AND THE STATE OF EMERGENCY PROCLAIMED BY GOVERNOR NEWSOM ON MARCH 4, 2020 AND
AUTHORIZING REMOTE TELECONFERENCE MEETINGS OF THE CITY COUNCIL FOR THE PERIOD APRIL 5, 2022 THROUGH MAY 5, 2022
WHEREAS, the City is committed to preserving and encouraging public access and participation in City Council meetings; and
WHEREAS, all meetings of the City’s legislative bodies are open and public, as required by the Ralph M. Brown Act (Cal. Gov. Code 54950 – 54963), so that any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business; and
WHEREAS, Government Code section 54953(e) added to the Brown Act effective October 1, 2021, makes provisions for remote teleconferencing participation in meetings by members of a legislative body, without compliance with the requirements of Government Code section 54953(b)(3), subject to the existence of certain conditions; and WHEREAS, a required condition is that a state of emergency is declared by the Governor pursuant to Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code section 8558; and WHEREAS, a proclamation is made when there is an actual incident, threat of disaster, or extreme peril to the safety of persons and property within the jurisdictions that are within the City’s boundaries, caused by natural, technological, or human-caused disasters; and WHEREAS, it is further required that state or local officials have imposed or recommended measures to promote social distancing, or have determined that meeting in person would present imminent risks to the health and safety of attendees; and WHEREAS, such conditions now exist in the City, specifically, as the state of emergency declared by the City on March 17, 2020 and by Governor Newsom on March 4, 2020 each continues; and
WHEREAS, social distancing orders are in place at the state and County level for indoor public meetings and, given the size of the Council Chambers imposing such social distancing measures could present an imminent risk to the health and safety of attendees and enforcement of such rules could deter participation in a Board meeting; and WHEREAS, the City Council does hereby find that the combination of the emergency order and the requirement for social distancing has caused, and will continue to cause, conditions of peril to the safety of persons within the City that are likely to be beyond the control of services, personnel, equipment, and facilities of the City, and desires to rely upon
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Attachment: Resolution for teleconferene April 5 (5467 : Resolution Authorizing Remote Teleconference Meetings) 01/2022/liz/A22-0005/Reso
EmergDecTeleconferenceMeetings
those orders to allow remote attendance at meetings subject to the requirements of the Brown Act; and
WHEREAS, City Council does hereby find that, commencing with the October 5, 2021 meeting, it is justified in conducting its meetings without compliance with paragraph (3) of subdivision (b) of Government Code section 54953, as authorized by subdivision (e) of section 54953, and that such the City shall comply with the requirements to provide the public with access to the meetings as prescribed in paragraph (2) of subdivision (e) of section 54953; and WHEREAS, the City has and will continue to comply with all other applicable health and safety orders.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.
Section 2. Confirmation of Emergency. The City Council hereby proclaims that the state of emergency continues throughout the City, and meeting in person would be difficult due to the size of the Board room and therefore present imminent risk to those in attendance.
Section 3. Remote Teleconference Meetings. The City Manager, City Clerk and staff are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution including, conducting open and public meetings in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act.
Section 5. Effective Date of Resolution. This Resolution shall take effect immediately upon its adoption and supersedes Resolution No. 22-17. This Resolution shall be effective until the earlier of (i) 30 days from the date of its adoption, or May 5, 2022; (ii) or such time the City Council adopts a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which all City bodies subject to the Brown Act may continue to teleconference without compliance with paragraph (3) of subdivision (b) of section 54953.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of El Centro held on the 5
th day of April, 2022.
CITY OF EL CENTRO
By ___________________________
Tomas Oliva, Mayor
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Attachment: Resolution for teleconferene April 5 (5467 : Resolution Authorizing Remote Teleconference Meetings) 01/2022/liz/A22-0005/Reso
EmergDecTeleconferenceMeetings
ATTEST:
By _________________________
Norma Wyles, City Clerk
APPROVED TO FORM:
Office of the City Clerk
By__________________________
Elizabeth 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 5 th
day of April., 2022, by
the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
By ___________________________
Norma Wyles, City Clerk
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Attachment: Resolution for teleconferene April 5 (5467 : Resolution Authorizing Remote Teleconference Meetings) City Council of the City of El Centro Meeting: 04/05/22 11:30 AM 1275 Main Street Department: City Clerk's Office
El Centro, CA 92243 Category: Acceptance of Resignation Prepared By: Norma Wyles
SCHEDULED Department Head: Norma Wyles
ACTION ITEM (ID # 5465) DOC ID: 5465
Acceptance of Mr. Richard Lopez resignation from the
Library & Community Services Board effective immediately with regrets, and authorize City Clerk to advertise the unscheduled vacancy.
CITY MANAGER’S RECOMMENDATION:
Acceptance of Mr. Richard Lopez resignation from the Library & Community Services Board effective immediately with regrets, and authorize City Clerk to advertise the unscheduled vacancy.
ATTACHMENTS:
• Letter of Resignation - Richard F Lopez - Library and Community Services Commission (PDF) 10 Packet Pg. 98
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Attachment: Letter of Resignation - Richard F Lopez - Library and Community Services Commission (5465 : Acceptance of Resignation from City Council of the City of El Centro Meeting: 04/05/22 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 # 5295) DOC ID: 5295
Discussion and any necessary action regarding the approval of plans and specifications for the Alder Sewer Repairs Project
CITY MANAGER’S RECOMMENDATION:
Approve the plans and specifications for the Alder Sewer Repairs Project and authorize staff to release for public bidding.
FISCAL IMPACT:
No Impact to the General Fund.
This project is funded by Wastewater Enterprise Funds, $800,000 STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
Goal 2 Environmental Sustainability & Infrastructure - Action 2.11 Implement projects listed in Wastewater Capital Improvement Plan and Wastewater Master Plan to maintain the current system and support the growth.
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 August 4, 2020, Council approved an agreement for on-call civil engineering general services for Aztec Engineering California, Inc., through Resolution No. 20-68. Other oncall engineering services were also approved.
The portion of the Alder Sewer line located beneath a retired air strip that was previously used for crop dusting purposes currently does not meet design standards.
The sewer line was installed when the air strip was active, requiring a jack-and-bore to be completed.
DISCUSSION:
The Alder Sewer Repair Project consists of the replacement of a segment of the Alder Sewer Main that runs through the retired airstrip south of Evan Hewes Highway. The project is split into two separate bid phases, both of which are replacing existing 27-inch diameter corrugated PVC. The pipeline will be replaced in the same trench, requiring bypassing of the sewage to ensure services is not interrupted. The repair will ensure positive flow to the north towards the wastewater treatment plant.
Aztec Engineering California, Inc., has completed the design for the project, and provided the final Plans and Special Provisions for construction. With the plans and specifications completed staff is prepared to begin the bidding process. 11 Packet Pg. 100
Action Item (ID # 5295) Meeting of April 5, 2022
Tentative Schedule:
Date Milestone
4/5/2022 City Council approves Project Bid Package
4/15/2022 Bid Package released for public bidding
5/4/2022 Pre-Bid meeting
5/19/2022 Bids due
6/21/2022 Project awarded to lowest responsible bidder
July 2022 Construction of Project starts
December 2022 Construction complete (120 Calendar Days) CONCLUSION:
Approve the plans and specifications for the Alder Sewer Repairs Project and authorize staff to release for public bidding.
ATTACHMENTS:
• Bid Book Volume 1 Signed (PDF)
• Special Provisions and Techinical Specifications (PDF) • Plan Set (PDF)
11 Packet Pg. 101
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AlderSewerRepairProject
CITY OF EL CENTRO
ALDER SEWER REPAIR PROJECT
TABLE OF CONTENTS
VOLUME I - CONTRACT DOCUMENTS
Section Description Page
00030 Notice Inviting Bids............................................................................00030-1 00100A Instruction to Bidders......................................................................00100A-1 00300A Bid Forms.......................................................................................00300A-1 00500BA Agreement ...................................................................................00500BA-1 00610A Performance Bond ..........................................................................00610A-1 00620A Payment Bond .................................................................................00620A-1 00660A Workers' Compensation Certificate ...............................................00660A-1 00700H General Conditions ........................................................................00700H-1 00800H Supplementary General Conditions ...............................................00800H-1 00820H Supplementary General Conditions (State) ...................................00820H-1
VOLUME II- SPECIAL PROVISIONS AND TECHNICAL SPECIFICATIONS
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SECTION 00030
NOTICE INVITING BIDS
RECEIPT OF BIDS: Sealed Bids will be received at the office of the City Clerk, City of El Centro, the OWNER of the WORK, located at 1275 Main Street, El Centro, CA 92243, May 19, 2022 until at 2:00PM, for the construction of the "Alder Sewer Repair Project." DESCRIPTION OF WORK: The Alder Sewer Repair Project WORK includes but is not limited to:
The City of El Centro Alder Sewer Repair Project consists of the replacement of a segment of the Alder Sewer Main that runs through the retired airstrip south of Even Hewes Highway. The project is split into two separate bid phases, both of which are replacing existing 27-inch diameter corrugated PVC. The pipeline will be replaced in the same trench, requiring bypassing of the sewage to ensure service is not interrupted.
Other major project items include excavating of the pipeline trench sections per Cal-OSHA requirements, backfilling of the pipeline sections, pipeline testing, geotechnical testing, bypass pumping of sanitary sewer flows, and the removal and disposal of the existing pipeline sections.
Note: the above work includes all phases as shown in the construction documents. City will award scope as noted in the Bid Schedule.
SITE OF WORK: The site of the WORK is located at near the intersection of East Main Street with Gillett Street and extends southerly from that point approximately one quarter mile. Refer to project plans for specifics.
COMPLETION OF WORK: The WORK must be completed within one hundred twenty (120) Calendar Days after the commencement date stated in the Notice to Proceed, as issued by the City Clerk.
OPENING OF BIDS: The Bids will be publicly opened and read on May 19, 2022 at 2:00 p.m. at the above-mentioned office of the OWNER.
OBTAINING CONTRACT DOCUMENTS: The Contract Documents are entitled “Alder Sewer Repair Project".
The Contract Documents may be obtained through Planet Bids by visiting the City of El Centro Website at www.cityofelcentro.org website and navigating to DOING BUSINESS>BIDS & PROPOSALS>PUBLIC WORKS (PLANET BIDS) or visiting directly https://pbsystem.planetbids.com/portal/41180/portal-home BID SECURITY: Each Bid shall be accompanied by a certified or cashier's check or Bid Bond in the amount of ten percent (10%) of the Total Bid Price payable to the City of El Centro as a
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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 Bidder's security is enclosed with it.
BIDS TO REMAIN OPEN: The Bidder shall guarantee the Total Bid Price for a period of sixty (60) calendar Days after the date of Bid opening.
CONTRACTOR'S LICENSE CLASSIFICATION: In accordance with the provisions of California law, the OWNER has determined that the CONTRACTOR shall possess a valid Class A license at the time that the Bid is submitted. Failure to possess the specified license shall render the Bid as 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.
CALIFORNIA WAGE RATE REQUIREMENTS: In accordance with the provisions of California Labor Code §§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 the OWNER. It shall be mandatory upon the CONTRACTOR to whom the WORK is awarded and upon any Subcontractor under the CONTRACTOR to pay not less than said specified rates to all workers employed by them in the execution of the WORK.
CONTRACTOR REGISTRATION REQUIREMENTS: All contractors and subcontractors who bid or work on a public works project must register and pay an annual fee to the State of California, Department of Industrial Relations (DIR) per SB 854.
No contractor of subcontractor may be listed on a bid proposal for a public works project 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 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 awarding body must post or require the prime contractor to post job site notices prescribed by regulation. (See 8 Calif. Code Reg. §16451(d) for the notice that previously was required for projects monitored by the CMU.)
All contractors and subcontractors must furnish electronic certified payroll records directly to the Labor Commissioner (aka California Division of Labor Standards Enforcement).
MANDATORY PRE-BID VISIT TO WORK SITE: Bidders MUST attend a pre-Bid walk through of the proposed WORK site which will be conducted by the City's CONSTRUCTION
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MANAGER on May 4, 2022 at 10:00 a.m. The meeting will be held at RDA Conference Room A, Economic Development Building, 1249 Main St, El Centro, CA 92243. The objective of the Pre-bid conference is to acquaint Bidders with the scope of work and conduct a job walk to familiarize the bidders of the site conditions.
PROJECT ADMINISTRATION: All communications relative to this WORK shall be directed, in writing, to the CONSTRUCTION MANAGER prior to opening of Bid.
City of El Centro
1275 Main Street
El Centro, CA 92243
Attn: Abraham Campos, P.E.
Telephone: 760-337-5182
CITY'S RESPONSES: All questions regarding the project shall be provided via written response or by email. The CITY's responses to questions that are asked during the bidding phase will be provided by Addendum. No oral comments shall be of any force or effect with respect to this solicitation. Questions must be submitted more than seven (7) working days prior to bid opening to allow time for response.
LABOR AND MATERIALS AND PERFORMANCE BONDS. Upon Contract award, the successful Bidder shall provide both Payment and Performance Bonds at each at 100% of the Contract Price as specified in the Contract Documents.
LICENSES. Each Bidder shall possess a valid Class A Contractor’s license issued by California Contractors State License Board at the time of Bid submission and a current City business license at the time of Contract award.
RETENTION. The City shall withhold five percent (5%) of any progress payment as retention. contractor may substitute securities in place of retained funds withheld by the City.
BID BOND. All bids must include bidder's security in an amount of at least 10 percent of the amount bid, and in a form specified by the Code. Pub Cont C §§20170-20171.
OWNER'S RIGHTS RESERVED: The 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 the OWNER.
Date:_______________________ OWNER: City of El Centro
______________________________
Norma Wyles, City Clerk
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SECTION 00100A
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. The term “day” means a calendar day unless otherwise provided.
2. INTERPRETATIONS AND ADDENDA.
2.1 All questions about the meaning or intent of the Contract Documents are to be directed to the OWNER. Interpretations or clarifications considered necessary by the OWNER in response to such questions will be issued by Addenda. Questions received less than seven (7) 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 the OWNER or CONSTRUCTION MANAGER.
3. COMPETENCY OF BIDDERS. In selecting the lowest responsive Bidder, consideration will be given not only to the financial standing but also to the general competency of the Bidder for the performance of the WORK covered by the Bid and completeness of the submitted Bid. No Bid for the WORK will be accepted from a contractor who does not hold a valid California contractor’s license applicable to the type of WORK bid upon at the time of opening Bids and who is not registered with the Department of Industrial Relations.
4. CITY BUSINESS LICENSE. The Bidder awarded the Agreement and all Subcontractors of that Bidder, who do not already have a business license to operate in El Centro will be required to secure the appropriate license from the CITY before a contract can be executed with the CITY.
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 the OWNER believes any Bidder is interested in more than one (1) Bid for the WORK contemplated, then all Bids in which such Bidder is interested will be rejected.
If the 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:
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(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; (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 the 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 the 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; and
(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 the 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. It is the responsibility of Bidder to consider any ground water conditions that may affect their Bid.
6.3 Copies of such reports and drawings will be made available by the 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-3 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
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furnished to the OWNER and the DESIGN CONSULTANT by the owners of such Underground Utilities or others, and the 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.
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.
7. BID FORM.
7.1 The Bid shall be made on the Bid schedule(s) bound herein and the pages may be removed from the bound volume. In the event there is more than one (1) Bid schedule, the Bidder may bid on any individual schedule or on any combination of schedules. The envelope enclosing the sealed Bid 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 the title of the Contract Documents for the WORK, the name of the OWNER, the address where Bids are to be delivered or mailed to, 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, a vicepresident (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.
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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 Bid are supplied only to give an indication of the general scope of the WORK; the OWNER does not expressly or by implication agree 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 percent (25%) of the Contract Price.
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 01350.
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.
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 OWNER and shall be given as a guarantee that the Bidder, if awarded the Agreement will enter into an Agreement with the 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 the 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 there is more than one (1) Bid item in a Bid schedule, the Bidder shall furnish a price for all Bid items in the schedule, and failure to
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do so will render the Bid non-responsive and may cause its rejection. In the event of a discrepancy between words and numbers in a Bid item, the words shall govern. In the event there are unit price Bid items in a Bid schedule 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 a Bid schedule 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.
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 set forth 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 “Alder Sewer Repair 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 the 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 and those additive or deductive items that were specifically identified in the bid solicitation as being used for the purpose of determining the lowest bid price.
17. RETURN OF BID SECURITY. Within fourteen (14) Days after the selected or replacement low Bidder signs the Agreement, the OWNER will return the Bid securities accompanying each of the Bids. They will 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 the OWNER on the form of agreement provided, shall secure all insurance, and shall furnish all certificates and Bonds required by the Contract Documents
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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 requirements set forth 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, then the OWNER may proceed to the second (2nd) lowest responsive Bidder. If the second (2nd) lowest responsive Bidder refuses or fails to execute the Agreement, then the OWNER may proceed to the third (3rd) lowest responsive Bidder and so on. On the failure or refusal of such second (2nd), third (3rd) or other lowest Bidder to execute the Agreement, each such Bidder's Bid securities shall be likewise forfeited to the OWNER.
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 California Labor Code §3700 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.
21. 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 agreement of the City and Bidder, and subject to the requirements of applicable law, this protest 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 the 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:
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a) The name, address, and telephone number of the protestor; 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 the merits of the protest; and
d) The desired resolution to 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 Purchasing Office and City Manager, will review the protest and any supporting material and conduct an investigation of the facts. He/she may, but need not, request other Bidders to submit statements or arguments regarding the protest and may discuss the protest with the protestor.
The Community Services 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 Purchasing Officer and City Manager within ten (10) business days after the award by the Purchasing Officer. That protest must be submitted in a timely manner, signed by the protesting Bidder, must and contain all of the following to be considered:
a) The name, address and telephone number of the protestor; and b) The Project Name and Project Number; and
c) The City action or recommendation that is being protested; and 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
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e) A clear statement of the relief requested.
A protest 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 City. The Community Services 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.
Unless otherwise required by law, no hearing shall be provided. In the event a hearing is conducted, the Purchasing Officer and City Manager, 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 City.
D. No Limitation on Remedies
Nothing contained herein shall be construed to act as a limitation on City’s choice of remedies or confer any right upon any interested party or affected party to a remedy.
E. Basis for Choice of Remedy
In determining the appropriate remedy, the City shall consider all 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;
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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 statutes, regulations, policies and/or procedure, 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. - END OF INSTRUCTIONS TO BIDDERS -
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00300A
BID FORMS
BID TO: CITY OF EL CENTRO
l. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with the 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 the Contract Documents entitled “Alder Sewer Repair 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 the 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.
To all the foregoing, and including all Bid schedule(s) and information required from 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 the 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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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,
Alder Sewer Repair 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:
PROJECT NAME: Alder Sewer Repair 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 PLUS ADDITIVE BID ITEMS (in figures):
$_______________________________
TOTAL PRICE FOR BASE BID PLUS ADDITIVE 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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BID SCHEDULE – PRICES
Schedule of prices for construction of the Alder Sewer Repair Project in accordance with the Contract Documents.
BASE BID - Bid Schedule A
Item Description Unit Quantity Unit Price Amount
1 Mobilization/Demobilization LS 1 $ $
2 Dewatering Plan and System LS 1 $ $
3 Bypass Plan and Pumping LS 1 $ $
4 27-inch Corrugated PVC Gravity
Main Sanitary Sewer LF 362 $ $
5 Removal and Disposal of 24-inch
corrugated PVC LF 362 $ $
6 Removal and Disposal of 40-in
Steel Casing LF 157 $ $
7 Removal and Disposal of 2” Fiber
Optic Conduit and Wire LF 362 $ $
8 Construction Surveying and
Staking LS 1 $ $
9 Geotechnical Testing and
Monitoring LS 1 $ $
10 Erosion Control Plan
Implementation LS 1 $ $
TOTAL BASE BID SCHEDULE A AMOUNT IN FIGURES
$______________________________________________
TOTAL BASE BID SCHEDULE A AMOUNT IN WORDS
_______________________________________________
(BASE BID PLUS ADDITIVE BID IS USED TO DETERMINE LOW BIDDER)
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ADDITIVE BID - Bid Schedule B
Item Description Unit Quantity Unit Price Amount
1 Mobilization/Demobilization LS 1 $ $
2 Dewatering Plan and System LS 1 $ $
3 Bypass Plan and Pumping LS 1 $ $
4 27-inch Corrugated PVC Gravity
Main Sanitary Sewer LF 379 $ $
5 5-Foot diameter eccentric manhole EA 1 $ $
6 Removal and Disposal of 24-inch
Corrugated PVC LF 379 $ $
7 Removal and Disposal of 5-Foot
Diameter Eccentric Manhole EA 1 $ $
8 Removal and Disposal of 2” Fiber
Optic Conduit and Wire LF 379 $ $
9 Erosion Control Plan
Implementation LS 1 $ $
10 Construction Surveying and
Staking LS 1 $ $
11 Geotechnical Testing and
Monitoring LS 1 $ $
TOTAL ADDITIVE BID, BID SCHEDULE B AMOUNT IN FIGURES
$______________________________________________
TOTAL ADDITIVE BID, BID SCHEDULE B AMOUNT IN WORDS
_______________________________________________
(BASE BID PLUS ADDITIVE BID IS USED TO DETERMINE LOW BIDDER)
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Packet Pg. 122 Attachment: Bid Book Volume 1 Signed (5295 : Alder Sewer Repairs) 00084410.1 BID FORMS 00300A-6
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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Packet Pg. 123 Attachment: Bid Book Volume 1 Signed (5295 : Alder Sewer Repairs) 00084410.1 BID FORMS 00300A-7
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 ______________________________ 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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Packet Pg. 124 Attachment: Bid Book Volume 1 Signed (5295 : Alder Sewer Repairs) 00084410.1 BID FORMS 00300A-8
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].”
END NONCOLLUSION DECLARATION –
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Packet Pg. 125 Attachment: Bid Book Volume 1 Signed (5295 : Alder Sewer Repairs) 00084410.1 BID FORMS 00300A-9
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)
By: _____________________________ By:__________________________________ (Signature) (Signature)
(SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY)
-END BID BOND –
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Packet Pg. 126 Attachment: Bid Book Volume 1 Signed (5295 : Alder Sewer Repairs) 00084410.1 BID FORMS 00300A-10
CORPORATE CERTIFICATION
OR
PARTNERSHIP INFORMATION
Name of Corporation or Partnership_____________________________________________ State of Incorporation___________________________________________________________ List names and addresses of each partner, or titles, names and business addresses of President, Secretary and Treasurer.
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Date_____________________________ Contractor__________________________ Signature_________________________ Title________________________________ ATTEST:
__________________________________
Signature by
__________________________________
Title
END OF CORPORATE CERTIFICATION OR PARTNERSHIP INFORMATION
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Packet Pg. 127 Attachment: Bid Book Volume 1 Signed (5295 : Alder Sewer Repairs) 00084410.1 BID FORMS 00300A-11
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
_________________________________________
Title
END DRUG/ALCOHOL TESTING REQUIREMENT
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Packet Pg. 128 Attachment: Bid Book Volume 1 Signed (5295 : Alder Sewer Repairs) 00084410.1 BID FORMS 00300A-12
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.
______________________________________________
(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 –
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Packet Pg. 129 Attachment: Bid Book Volume 1 Signed (5295 : Alder Sewer Repairs) 00084410.1 BID FORMS 00300A-13
CONTRACTOR’S CERTIFICATION OF QUALIFICATION
FOR LICENSE CLASSIFICATION
After award of the contract, the Contractor, whether an individual, co-partnership, limited partnership, corporation, or any other combination or organization, shall execute the following form:
1. If an individual, I hereby certify that I am, or my responsible managing employee ________________________ (insert name) is, qualified for the license classification called for in these contract documents.
2. If a co-partnership or limited partnership, the general partner hereby certifies that the general partner _______________________________ (insert name), or responsible managing employee __________________________________ (insert name), is qualified for the license classification called for in these contract documents.
3. If a corporation, or any other combination or organization, the responsible managing officer _______________________________ (insert name), or a responsible managing employee ________________________________ (insert name), is qualified for the license classification called for in these contract documents.
If the individual who qualifies the Contractor for the license classification called for in these contract documents changes during the progress of the work, then Contractor shall, within seven (7) days of any such change, notify the 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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Packet Pg. 130 Attachment: Bid Book Volume 1 Signed (5295 : Alder Sewer Repairs) 00084410.1 AGREEMENTS 00500BA-1
CITY OF EL CENTRO
ALDER SEWER REPAIR 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 construction of the Alder Sewer Repair Project (hereinafter “Project”).
The WORK is generally described as follows:
The City of El Centro Alder Sewer Repair Project consists of the replacement of a segment of the Alder Sewer Main that runs through the retired airstrip south of Even Hewes Highway. The project is split into two separate bid phases, both of which are replacing existing 27-inch diameter corrugated PVC. The pipeline will be replaced in the same trench, requiring bypassing of the sewage to ensure service is not interrupted.
Other major project items include excavating of the pipeline trench sections per CalOSHA requirements, backfilling of the pipeline sections, pipeline testing, geotechnical testing, bypass pumping of sanitary sewer flows, and the removal and disposal of the existing pipeline sections.
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.
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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. 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”. The entire Project shall be completed within one hundred twenty (120) consecutive 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 ________________________ ($_____________)
IV. PROGRESS PAYMENTS
Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, 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.
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,
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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 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.
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 to those posted at www.dir.ca.gov 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 1771.4, 1775 and 1776 - Payroll records and electronic filing with the Labor Commissioner.
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
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 Architect.
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,
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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
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 sub-contractors 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.
A. Contractor shall provide the following types and amounts of insurance:
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.
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
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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 sub-contractor’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.
Umbrella or excess liability insurance. Contractor shall obtain and maintain an umbrella or excess liability insurance policy 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, automobile 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” as to underlying primary policies; and Insureds under primary policies shall also be insureds under the umbrella or excess policies.
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 sub-contractors (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 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
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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.
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.
Other provisions or requirements
Proof of insurance. Contractor shall provide certificates of insurance to City as specified on Exhibit C 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 sub-Contractors. 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.
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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 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 noncompliance 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, sub-Contractors, 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, sub-contractors, 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, Class A issued by the State of California, which is current and in good standing. Contractor shall ensure that any sub-contractor working on the Project possesses at the time of commencing work and throughout the Project duration, a
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Packet Pg. 139 Attachment: Bid Book Volume 1 Signed (5295 : Alder Sewer Repairs) 00084410.1 AGREEMENTS 00500BA-10
Contractor's License, issued by the State of California, which is current and in good standing.
XIV. REGISTRATION REQUIREMENTS
Pursuant to Section 1771.1(a) of the Labor Code:
“A Contractor or sub-contractor 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 sub-contractor 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 sub-contractor 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.
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Packet Pg. 140 Attachment: Bid Book Volume 1 Signed (5295 : Alder Sewer Repairs) 00084410.1 AGREEMENTS 00500BA-11
XVI. PROVISIONS REQUIRED BY LAW
Each and every provision of law and clause required by law to be inserted in this Agreement 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.
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Packet Pg. 141 Attachment: Bid Book Volume 1 Signed (5295 : Alder Sewer Repairs) 00084410.1 AGREEMENTS 00500BA-12
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 ($1,000.00) 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 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.
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:
Invitations to Bids Sub-contractor Listing
Proposal Requirements Bid Bond
Proposal Agreement Information Required of Bidder
Bid Form Agreement
Non-Collusion Affidavit Certificate Re. Workers’ Compensation Site Visit Certification Drug-free Workplace Certification Faithful Performance Bond Plans and Specifications
Labor and Materials Payment Bond Addenda
General Conditions Drawings
Change Orders Shop Drawings Transmittals
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Packet Pg. 142 Attachment: Bid Book Volume 1 Signed (5295 : Alder Sewer Repairs) 00084410.1 AGREEMENTS 00500BA-13
Special Provisions Contractor’s License Certification
Contractor’s License Certification
Corporate Certification or Partnership Information
Local Business Enterprise Certification
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. In the event of a conflict between the provisions of any such Contract Document, the provisions of this Agreement shall prevail.
XX. ENTIRE CONTRACT
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. No waiver of any term or condition of this Agreement shall be a continuing waiver thereof.
CONTRACTOR CITY
[Name of Contractor] City of El Centro
By: ____________________________ By:
____________________________
Title: __________________________ Title:
__________________________
Date: __________________________ Date:
__________________________
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Packet Pg. 143 Attachment: Bid Book Volume 1 Signed (5295 : Alder Sewer Repairs) 00084410.1 AGREEMENTS 00500BA-14
ATTACHMENTS:
Non-collusion Affidavit
Faithful Performance Bond
Labor and Materials Bond
- END OF AGREEMENT -
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Packet Pg. 144 Attachment: Bid Book Volume 1 Signed (5295 : Alder Sewer Repairs) 00084410.1 PERFORMANCE BOND 00610A-1
SECTION 00610A
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 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____.
_________________________________ _____________________________ (CONTRACTOR) (Surety)
By:______________________________ By:_________________________________ (Signature) (Signature)
-END OF PERFORMANCE BOND11.a
Packet Pg. 145 Attachment: Bid Book Volume 1 Signed (5295 : Alder Sewer Repairs) 00084410.1 PAYMENT BOND 00620A-1
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 in Civil Code Section 9550 et seq.
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 Section 9550 et seq 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 Section 9550 et seq 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.
In witness whereof, this instrument has been duly executed by the principal and surety above named, on___________, 20
_______________________________ _________________________ (CONTRACTOR) (Surety)
By: ___________________________ By:_______________________________ (Signature) (Signature)
-END OF PAYMENT BOND11.a
Packet Pg. 146 Attachment: Bid Book Volume 1 Signed (5295 : Alder Sewer Repairs) 00084410.1 WORKERS COMPENSTATION CERTIFICATE 00660A-1
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:_______________________________________
Title:_______________________________________
- END OF WORKERS’ COMPENSATION CERTIFICATE –
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Packet Pg. 147 Attachment: Bid Book Volume 1 Signed (5295 : Alder Sewer Repairs) 00084410.1 GENERAL CONDITIONS 00700H-1
SECTION 00700H
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 uncapitalized 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 - The CONSTRUCTION MANAGER is the Agent of the OWNER.
Agreement- The written contract between the OWNER and the 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 the OWNER may unilateral direct the CONTRACTOR to perform, or elect not to have performed.
Apparent Low Bidder - The Bidder whose Bid, having been publicly opened and read aloud, meets all the material requirements of the Bidding Documents, the CITY deems responsive in accordance with the OWNER's municipal code, and whose Bid price is the lowest received.
Application for Payment - The form furnished by the CONSTRUCTION MANAGER which is to be used by the 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 percent ( l%) 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.
Beneficial Occupancy - Use by the OWNER of the entire 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.
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Packet Pg. 148 Attachment: Bid Book Volume 1 Signed (5295 : Alder Sewer Repairs) 00084410.1 GENERAL CONDITIONS 00700H-2
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 the CONTRACTOR to perform the Agreement.
Change Order - A document recommended by the CONSTRUCTION MANAGER, which is signed by the CONTRACTOR and the 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).
Claims - A dispute becomes a claim only after the CONTRACTOR receives and refuses to accept the 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 the OWNER.
Construction Manager Order - A written order issued by the 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, Technical Specifications, 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 the OWNER to the CONTRACTOR under the terms and conditions of the Contract Documents.
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Packet Pg. 149 Attachment: Bid Book Volume 1 Signed (5295 : Alder Sewer Repairs) 00084410.1 GENERAL CONDITIONS 00700H-3
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 the OWNER has executed the Agreement.
Day- A calendar day of twenty-four (24) hours measured from midnight to the next midnight unless otherwise specified.
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 the OWNER prior to the CONSTRUCTION MANAGER's recommendation of final payment.
DESIGN CONSULTANT- The individual, partnership, corporation, joint venture or other legal entity named as such in the Contract Documents or succeeding entity.
Demobilization - The complete dismantling and removal by the CONTRACTOR of all of the CONTRACTOR's temporary facilities, equipment and personnel at the site.
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 the DESIGN CONSULTANT and are referred to in the Contract Documents. Shop Drawings are not Drawings as so defined.
Disputed Work - A dispute exists from the time the CONTRACTOR disagrees with a decision or determination made by the CONSTRUCTION MANAGER until the CONSTRUCTION MANAGER renders an initial determination. If the issue is unresolved it becomes a claim.
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 CONSTRUCTION MANAGER.
Field Order - A written order issued by the CITY 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 the CONTRACTOR for earned funds, less retainage as applicable, less deductions listed in A11icle 14. The CONTRACTOR is entitled to this payment when the Notice of Completion is issued.
General Conditions - Section 00700 of the Contract Documents.
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Packet Pg. 150 Attachment: Bid Book Volume 1 Signed (5295 : Alder Sewer Repairs) 00084410.1 GENERAL CONDITIONS 00700H-4
General Requirements - Division 1 of the Technical Specifications.
Hazardous Waste - The term Hazardous Waste shall have the meaning provided in Section 104 of the Solid Waste Disposal Act (42 USC §6903) as amended from time to time or, as defined in Health and Safety Code §25117, that is required to be removed to a class I, class IL or class III disposal site in accordance with provisions of existing law, whichever is more restrictive.
Holidays- The CITY's legal holidays occur on the following and any other federal holiday adopted by the City.
New Year's Day- January 1
Martin Luther King's Birthday - Third Monday in January President's Day- Third Monday in February
Good Friday- The afternoon of the Friday before Easter
Memorial Day - Last Monday in May
Independence Day -July 4
Labor Day - First Monday in September
Veterans Day- November 11
Thanksgiving Day- Fourth Thursday in November
The day after Thanksgiving- The Friday after the fourth 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 the CONTRACTOR of the temporary facilities, equipment and personnel at the site thereby enabling the WORK to commence.
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Packet Pg. 151 Attachment: Bid Book Volume 1 Signed (5295 : Alder Sewer Repairs) 00084410.1 GENERAL CONDITIONS 00700H-5
Notice of Award - The written notice by the OWNER to the apparent successful Bidder stating that upon compliance by the apparent successful Bidder with the conditions precedent enumerated therein within the time specified, the OWNER will enter into an Agreement.
Notice of Completion -A form signed by the DESIGN CONSULTANT, the CONSTRUCTION MANAGER and the CONTRACTOR recommending to the OWNER that the WORK is complete and fixing the date of completion. After acceptance of the WORK by the OWNER's governing body, the form is signed by the 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 the OWNER to the CONTRACTOR authorizing the CONTRACTOR to proceed with the WORK and establishing the date of commencement of the Contract Time.
OWNER's Agent - The CONSTRUCTION MANAGER is the OWNER's Agent.
OWNER - The City of El Centro, acting through its legally designated officials, officers, or employees.
Partial Utilization - Use by the 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 seven tenths (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.
Radioactive Material - Source, special nuclear, or byproduct material as .defined by the Atomic Energy Act of 1954 (42 USC §§2011 et seq.) as amended from time to time.
Request for Information - The standardized form furnished by the OWNER for the CONTRACTOR's use when making written requests for information to the CONSTRUCTION MANAGER, and upon which the response will be answered and returned.
Request for Proposal - The standardized form used by the CONSTRUCTION MANAGER to request a proposal from the CONTRACTOR for proposed changes in the WORK.
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Packet Pg. 152 Attachment: Bid Book Volume 1 Signed (5295 : Alder Sewer Repairs) 00084410.1 GENERAL CONDITIONS 00700H-6
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 the CONTRACTOR and submitted by the CONTRACTOR to illustrate 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 REQUIREMENTS, CONTRACT FORMS, CONDITIONS OF THE CONTRACT AND THE TECHNICAL SPECIFICATIONS DIVISIONS THROUGH [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 the 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 the 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, the 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 the 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 the CONSTRUCTION MANAGER as evidenced by Notice of Substantial 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.
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, materialman, or vendor.
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Packet Pg. 153 Attachment: Bid Book Volume 1 Signed (5295 : Alder Sewer Repairs) 00084410.1 GENERAL CONDITIONS 00700H-7
Technical Specifications - Divisions 1 through 16 of the Contract Documents consisting of the General Requirements and written technical descriptions of products and execution of the WORK.
Underground Facilities - 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.
Unit Price Work - Specific WORK scope included in the Agreement WORK scope to be paid for on the basis of unit prices. The OWNER may unilaterally direct the 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 the CONTRACTOR issued on or after the Effective Date of the Agreement and recommended by CONSTRUCTION MANAGER, and signed by the 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 the Contract Time.
ARTICLE 2 --PRELIMINARY MATTERS
2.1 DELIVERY OF BONDS/INSURANCE CERTIFICATES - At the time required for the CONTRACTOR to deliver the signed Agreements to the OWNER, the CONTRACTOR shall also deliver to the OWNER such Bonds and insurance policies and certificates as the CONTRACTOR may be required to furnish in accordance with the Contract Documents.
2.2 COPIES OF DOCUMENTS - The OWNER shall furnish to the CONTRACTOR ten (l0) 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.
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Packet Pg. 154 Attachment: Bid Book Volume 1 Signed (5295 : Alder Sewer Repairs) 00084410.1 GENERAL CONDITIONS 00700H-8
2.4 STARTING THE WORK - The 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, the CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. The CONTRACTOR shall promptly report in writing to the CONSTRUCTION MANAGER any conflict, error, or discrepancy which the CONTRACTOR may discover and shall obtain a written interpretation or clarification from the CONSTRUCTION MANAGER before proceeding with any work affected thereby.
2.6 PRELIMINARY SUBMITTALS - Preliminary Submittals shall be provided to the CONSTRUCTION MANAGER in accordance with Division 1 requirements.
2.7 PER-CONSTRUCTION CONFERENCE - The CONTRACTOR is required to attend a preconstruction conference. That conference will be attended by the CONSTRUCTION MANAGER and others as appropriate, as determined by the CONSTRUCTION MANAGER, in order to discuss the WORK in accordance with the applicable procedures specified in the General Requirements.
2.8 SUBCONTRACTOR MOBILIZATION MEETING - Prior to the start of each major Subcontractor's site work, the CONTRACTOR, the involved Subcontractor and the 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 - The CONTRACTOR is reminded of the obligation to advise the OWNER of any errors and/or omissions in the Contract Documents, or changes to thereof; which the 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 the OWNER and the 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 laws of the State of California and Federal laws as applicable.
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
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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 well-known 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 l 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, then 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
3.3.1 Referenced Standards - Reference to standard specifications, manuals, or codes of any technical society, organization, or association, or to the Laws and Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code or Laws and 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 the OWNER, the CONTRACTOR, or the 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, the 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, then the CONTRACTOR shall report it to CONSTRUCTION MANAGER in writing within seven (7) calendar Days after discovery. The CONTRACTOR shall not proceed with the WORK affected thereby, except in an emergency, unless directed by the CONSTRUCTION MANAGER. Any WORK performed by the CONTRACTOR that the CONSTRUCTION MANAGER has not directed be performed shall be done at the CONTRACTOR's own risk.
3.3.3 Order of Precedence of Contract Documents - In resolving cont1icts resulting from errors or discrepancies in any of the Contract Documents, the order of precedence shall be as follows:
• Permits from other agencies as may be required by law; • Change Orders;
• Agreement;
• Addenda;
• Contractor's Bid (Bid Form);
• Notice Inviting Bids;
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• Instructions to Bidders;
• General Conditions;
Technical Specifications
Drawings;
Referenced Standard Specifications; and
Greenbook, latest edition.
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; and
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 the CONSTRUCTION MANAGER;
3.4.2.2 - DESIGN CONSULTANT's approval of a Shop Drawing or Sample pursuant to Article 6; or
3.4.2.3 - DESIGN CONSULTANT's written interpretation or clarification.
3.5 REUSE OF DOCUMENTS - Neither the CONTRACTOR, nor any Subcontractor or Supplier, nor any other person or organization performing any of the WORK under a contract with the 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 the OWNER.
ARTICLE 4 -- AVAILABILITY OF LANDS; PHYSICAL CONDITIONS; REFERENCE POINTS
4.1 AVAILABILITY OF LANDS - The 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 the CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by the OWNER, unless otherwise provided in the
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Contract Documents. Nothing contained in the Contract Documents shall be interpreted as giving the CONTRACTOR exclusive occupancy of the lands or rights-of-way provided.
The 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 the CONTRACTOR shall not enter upon nor use any property not under the control of the OWNER until a written temporary construction easement agreement has been executed by the CONTRACTOR and the property owner, and a copy of said easement furnished to the CONSTRUCTION MANAGER prior to said use; and. neither the OWNER nor the CONSTRUCTION MANAGER shall be liable for any claims or damages resulting from the 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 the CONTRACTOR On The Technical Data - The 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 the CONTRACTOR. The CONTRACTOR may not rely upon or make any claims against the OWNER, DESIGN CONSULTANT, or CONSTRUCTION MANAGER with respect to:
4.2.2.1 the completeness of such reports and drawings for the CONTRACTOR's purposes, including, but not limited to, any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by the CONTRACTOR and Safety precautions and programs incident thereto;
4.2.2.2 other data, interpretations, opinions, and information contained m such reports or shown or indicated in such drawings; or
4.2.2.3 any interpretation by the CONTRACTOR of or conclusion drawn from any "technical data" or any such data, interpretations, opinions or information.
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4.3 DIFFERING SITE CONDITIONS - If the CONTRACTOR believes 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 any "technical data" on which the CONTRACTOR is entitled to rely as provided in paragraphs 4.2.1 is materially inaccurate;
4.3.2 is of such a nature as to require a change in the Contract Documents;
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; he shall immediately report it to the Construction Manager; then
4.3.4.1 the CONTRACTOR shall, promptly after becoming aware thereof and before further disturbing conditions thereby or performing any work in connection therewith (except in an emergency or unforeseen which may include war, government regulations, labor disputes, strikes, fires, floods, adverse weather or elements necessitating cessation of work, inability to obtain materials, labor or equipment, required extra work, or other specific events as may be deemed an emergency by the OWNER), notify the OWNER and CONSTRUCTION MANAGER in writing about such condition. The 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 - The OWNER shall promptly investigate the conditions. and if it finds that the conditions do materially so differ, and cause a decrease or increase in the CONTRACTOR's cost of, or the time required for, performance of any part of the work shall issue a Change Order under the procedures described in Article 10. If the OWNER determines that there is no bona fide work scope change or is a minor change which does not impact time or cost, he shall notify the CONTRACTOR of this finding within thirty (30) Days.
4.3.6 Disputed Work - If the CONTRACTOR and the CITY are unable to reach agreement on Disputed Work, the CITY may direct the CONTRACTOR to proceed with the work. Payment shall be as later directed by mediation or arbitration, if the CITY and the CONTRACTOR agree thereto, or as fixed in a court of law. Although not to be construed as proceeding under extra work provisions, the CONTRACTOR shall keep and furnish records of Disputed Work in accordance with paragraph 11.3.
4.3.7 Disallowance of Entitlement - The CONTRACTOR shall not be entitled to any adjustment in the Contract Price or the Contract Time or will be deemed to have waived his right to such a claim if:
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4.3.7.1 the CONTRACTOR knew of the existence of such conditions at the time the CONTRACTOR made a final commitment to the OWNER with respect to Contract Price and Contract Time by the submission of a Bid or becoming bound under a negotiated contract;
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 the 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 the OWNER or the 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 Requirements, the OWNER and the CONSTRUCTION MANAGER shall not be responsible for the accuracy or completeness of any such information or data, and the 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 an Underground Utility is uncovered or revealed at or contiguous to the site which was not indicated in the Contract Documents and which the CONTRACTOR could not reasonably have been expected to be aware of, then the CONTRACTOR shall identify the owner of such Underground Utility and give written notice thereof to that owner and shall notify the 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 California Government Code §4216.2, at least two (2) working Days prior to commencing any excavation, the CONTRACTOR shall contact the regional notification center (Underground Service Alert of Southern California) and obtain an inquiry identification number.
4.4.4 Locate Utilities - The 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 the CONTRACTOR's Bid price.
4.4.5 Protection Of Utilities - The CONTRACTOR shall not interrupt the service function or disturb the support of any utility, without authority from the OWNER or order from the
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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, the CONTRACTOR shall, unless otherwise provided, furnish and place the necessary protection at its expense.
4.4.6 Notification Requirements If Utility Disturbed - The CONTRACTOR shall immediately notify the CONSTRUCTION MANAGER and utility owner if any utility is disturbed or damaged. The CONTRACTOR shall bear the costs of repair or replacement of any utility damaged by the CONTRACTOR.
4.4.7 Removal Of Abandoned Utilities - Unless otherwise specified, the CONTRACTOR shall remove all interfering portions of utilities shown on the Plans or indicated in the Bidding Documents as ''abandoned." Before starting removal operations, the 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 the 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 the CONTRACTOR for its convenience shall be its responsibility, and the 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 the 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 The CONTRACTOR shall immediately notify in writing the utility owner and the 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 The 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 The 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.
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4.4.10 Access to the WORK - When necessary, the 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
4.5.1 Bench Mark - The CONSTRUCTION MANAGER will provide one (I) 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 the CONTRACTOR for alignment control. Unless otherwise specified in the General Requirements, the CONTRACTOR shall furnish all other lines, grades, and benchmarks required for proper execution of the WORK.
4.5.2 Protection of Bench Marks - The CONTRACTOR shall preserve all bench marks, stakes, and other survey marks, and in case of their removal or destruction by any party, the 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. The CONTRACTOR shall report to the 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 - The OWNER shall be responsible for any hazardous material which includes hazardous substances and Hazardous Waste as defined by Health and Safety Code §§25316 and 25117. uncovered or revealed at the site which was not identified in the Contract Documents to be within the scope of the WORK. The OWNER shall not be responsible for any such materials brought to the site by the CONTRACTOR, Subcontractors, Suppliers or anyone else for whom the CONTRACTOR is responsible.
4.6.2 CONTRACTOR's Responsibility - When such hazardous material is encountered, the 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 the OWNER and CONSTRUCTION MANAGER in writing. The OWNER shall promptly evaluate such hazardous condition and take corrective action. The CONTRACTOR shall not be required to resume work in any such affected area until after the OWNER has delivered to the 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 the 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 the 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. The OWNER may have such deleted portion of the work performed by the OWNER's own forces or others in accordance with Article 7. If the OWNER and the
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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 Deleted
ARTICLE 5 -- BONDS AND INSURANCE
5.1 PERFORMANCE , PAYMENT AND OTHER BONDS
5.1.1 Bond Requirement - The 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 the CONTRACTOR's obligations under the Contract Documents. Those Bonds shall remain in effect at least until one (1) year after the filing date of Notice of Completion, except as otherwise provided by Laws and Regulations or by the Contract Documents. The 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 Code of Civil Procedure §995.660, except as provided otherwise by Laws and 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 the 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, then the CONTRACTOR shall within seven (7) Days thereafter substitute another Bond and Surety, which must be acceptable to the OWNER per paragraph 5.1.1 and 5.1.2 above.
5.2 INSURANCE
5.2.1 Without limiting Contractor’s indemnification of Agency 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 in the Agreement in a form satisfactory to City.
ARTICLE 6- CONTRACTOR'S RESPONSIBILITIES
6.1 Responsibility Of CONTRACTOR To Perform - Unless otherwise specified in the Contract Documents, the CONTRACTOR shall furnish and assume full responsibility for all materials, equipment, labor, transportation, construction equipment and machinery,
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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 the 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 the OWNER. lf required by the CONSTRUCTION MANAGER, the 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 the CO'\JSTRUCTION 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 the United States Occupational Safety and Health Administration ("OSHA''), the California Division of Occupational Safety and Health (''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. The 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, the 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 City, or failure due to manufacturer's faulty design concepts, or defective workmanship and materials. The CONTRACTOR shall defend, indemnify, and hold the OWNER, DESIGN CONSULTANT, and CONSTRUCTION MANAGER harmless against any and all liability, claims, suits, damages, costs or expenses caused or claimed to be caused in whole or in part by the negligence or willful misconduct of the CONTRACTOR connected with the construction of the Project.
However, this indemnity will not extend to any loss, damage or expense caused by the established sole negligence or willful misconduct of the OWNER or the OWNER's Agents, servants or independent contractors.
6.3 SUPERVISION, SUPERINTENDENCE AND QUALITY - The 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. The CONTRACTOR shall be solely
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responsible for the means, methods, techniques, sequences, and procedures of construction and Safety
precautions and programs incidental thereto. The CONTRACTOR shall be responsible to see that the completed WORK complies accurately with the Contract Documents. The CONTRACTOR is solely responsible for the quality of the WORK.
6.4 SUPERINTENDENT
6.4.1 Written Designation of Superintendent - The 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 the CONTRACTOR and who shall not be replaced without written notice to the OWNER and the CONSTRUCTION MANAGER. The superintendent will be the CONTRACTOR's representative at the site and shall have authority to act on behalf of the CONTRACTOR. All communications given to the superintendent shall be as binding as if given to the CONTRACTOR. The CONTRACTOR shall issue all its communications to the OWNER and DESIGN CONSULTANT through the CONSTRUCTION MANAGER.
6.4.2 Superintendent's Presence at Site - The 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 the CONTRACTOR until such time as such the superintendent is again present at the site.
6.4.3 Removal of Superintendent - Upon written notice, the OWNER may require replacement and removal from the WORK of the CONTRACTOR's superintendent with cause, in which case the CONTRACTOR shall submit a replacement superintendent subject to approval by the 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 - The 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 the CONTRACTOR and not be reemployed on the WORK. The CONTRACTOR shall furnish, erect, maintain, and remove the construction plant and any temporary works as may be required. The 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.
6.5.1 No Additional Compensation for Overtime - Except as otherwise provided in this Article, the 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 (I) calendar week,) even though such overtime work may be required under emergency
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conditions and may be ordered by the CO STRUCTION MANAGER in writing. Additional compensation will be paid the CONTRACTOR for overtime work only in the event extra work is ordered by the 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 the 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 properly 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 the CONTRACTOR will not permit overtime work or the performance of work on Saturday, Sunday, or any Holiday observed by CITY without the OWNER's written consent. The CONTRACTOR shall apply for this consent through the CONSTRUCTION MANAGER. The CONSTRUCTION MANAGER has to approve the CONTRACTOR working Holidays, weekends, or overtime. The CONTRACTOR will be responsible for reimbursing the OWNER for all cost to provide inspection services required to monitor WORK outside of normal WORK hours. The CONTRACTOR will be charged for this actually incurred direct hourly cost plus the OWNER approved overhead cost plus the OWNER approved profit, and a deductive Change Order will be issued to cover this expense.
6.5.3 SUBCONTRACT LIMITATIONS - The CONTRACTOR shall perform not less than twenty percent (20%) of the WORK with its own forces without subcontracting.
This requirement refers to the WORK whose value will not be less than twenty percent (20%) of the Contract Price.
6.6 PROGRESS SCHEDULE - The 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 - The CONTRACTOR shall submit to the CONSTRUCTfON 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 etiect 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 Time (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 The CONTRACTOR shall submit proposed substitutes or "or equal" items in accordance with the General Requirements.
6.8 PROJECT SITE COORDINATION
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6.8.1 Work By Others - The 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.
6.8.2 Coordination Of Work - The OWNER, the CONTRACTOR and each of such workers, contractors and others, shall cooperate to minimize interference.
6.8.3 Cost Of Coordination - The CONTRACTOR shall include in its Bid all costs involved as a result of coordinating its work with others. The CONTRACTOR will not be entitled to 1 additional compensation from the OWNER for damages resulting from such simultaneous, collateral and essential work. His 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, then the CONTRACTOR shall redeploy its work force to other parts of the WORK.
6.8.4 Obligation to Provide Access - The CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility owner (or the OWNER, if the OWNER is performing the additional work with the 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 The 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.
6.8.6 The 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 the CONSTRUCTION MANAGER and the others whose work will be affected.
6.9 COORDINATION WITH SUBCONTRACTORS AND SUPPLIERS
6.9.1 The 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 the CONTRACTOR. The CONTRACTOR shall require all Subcontractors, Suppliers and such other persons and organizations performing or furnishing any of the work to communicate with the CONSTRUCTION MANAGER through the CONTRACTOR. All work performed by a Subcontractor or Supplier will be pursuant to an appropriate agreement between the 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 the 0WNER. Nothing contained in this Article shall create any contractual relationship between any Subcontractor and the OWNER or the CONSTRUCTION MANAGER, nor relieve the CONTRACTOR of any liability or obligation under the prime contract. The CONTRACTOR shall include
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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 the 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 - The 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 the OWNER, or the 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 the OWNER in the Contract Documents.
6.11 PERMITS - Unless otherwise provided in the Supplementary General Conditions, the 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. The OWNER shall assist the CONTRACTOR, only when necessary, in obtaining such permits and licenses. The 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. The CONTRACTOR shall pay all charges of utility owners for connections to the WORK.
6.12 LAWS AND REGULATIONS -The 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, the CONTRACTOR shall immediately report the same in writing to the CONSTRUCTION MANAGER.
6.13 TAXES - The 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. The CITY is not exempt from sales tax.
6.14 ANTITRUST CLAIMS - The CONTRACTOR or Subcontractor offers and agrees to assign to the OWNER all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the
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Agreement and any subcontract. This assignment shall be made and become effective at the time the OWNER tenders Final Payment to the CONTRACTOR. without further acknowledgement by the parties.
6.15 USE OF PREMISES
6.15.1 General - The 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 the CONSTRUCTION MANAGER. The 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 the OWNER or the CONSTRUCTION MANAGER by any such owner or occupant because of the performance of the WORK, the 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 - The CONTRACTOR is obligated to comply with the General Requirements. All costs associated with this compliance are to be included in the 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 Laws and Regulations. When it is necessary to cross curbs, sidewalks. or drainage facilities the CONTRACTOR shall protect them from damage.
6.16.3 Work Outside The Limits of The Contract Documents - Despite the designation of limits in the Contract Documents or the indication of temporary fences or barricades, the provisions of the Contract Documents governing certain portions of the WORK may require certain operations be carried out beyond such limits. In those cases, trenching, utility work, site development, landscaping, shall be scheduled so as to occasion a minimum of inconvenience or disturbance to or interference with the normal operation of the OWNER, those persons who property abuts the areas of that work and the public in general. The CONTRACTOR shall obtain the 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 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
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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 the 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 the CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of the OWNER or the CONSTRUCTION MANAGER or the DESIGN CONSULTANT). The 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 the CONSTRUCTION MANAGER has issued a notice to the OWNER and the CONTRACTOR in accordance with Article 14 that the WORK is complete.
6.17 CONTRACTOR'S DAILY REPORTS - The 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 the CONSTRUCTION MANAGER. The daily report shall be completed on forms provided by the CONSTRUCTION MANAGER, and shall be submitted to the CONSTRUCTTON MANAGER by 9:00 a.m. the following working 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 decide by the 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 - The CONTRACTOR will be required to comply with General Requirements provided by the CONSTRUCTION MANAGER. The CONTRACTOR shall submit a written Safety plan to the CONSTRUCTION MANAGER prior to commencement of any work on site. The 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 - The 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. The CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and utilities when prosecution of the WORK may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property.
6.18.3 Safety Representative - The 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
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program. The Safety representative must meet the qualifications specified in Section 01060 "Safety and Health."
6.18.4 Safety Orders - The 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. The 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, the CONTRACTOR shall submit to the 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 sta1t until the CONSTRUCTION MANAGER has accepted the plan and the CONTRACTOR has obtained a permit from the State Division of Industrial Safety. A copy of the permit shall be submitted to the CONSTRUCTION MANAGER and posted at the site.
6.18.6 Use of Explosives - Explosives may be used only when authorized in writing by the CONSTRUCTION MANAGER, or as otherwise stated in the Specifications. Explosives shall be handled, used, and stored in accordance with all applicable regulations. The CONSTRUCTION MANAGER's approval of the use of explosives shall not relieve the 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 Title 8 of the California Code of Regulations at §5194 shall be requested by the 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 The 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 and Regulations. with copies to the CONSTRUCTION MANAGER.
6.18.7.4 Unsafe Products - The CONTRACTOR shall notify the CONSTRUCTION MANAGER if it considers a specified or required product or its intended usage to be unsafe. This notification must be given to the 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 the 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-tour (24) hours of the injury or accident.
6.18.10 Construction Manager Safety Deficiency Report - The 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, the CONTRACTOR, without special instruction or authorization from the CONSTRUCTION MANAGER, is obligated to act to prevent threatened damage, injury or loss. The CONTRACTOR shall give the CONSTRUCTION MANAGER prompt written notice if the CONTRACTOR believes any significant changes in the WORK have resulted because of the action taken in response to an emergency. If it is determined by the OWNER a change is required, then 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, the CONTRACTOR shall submit to the CONSTRUCTION MANAGER for the DESIGN CONSULTANT's review all Shop Drawings in accordance with the accepted schedule of Shop Drawings Submittals specified in Section 01300 "Bid Forms.''
6.20.2 The CONTRACTOR shall also submit to the 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, the 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.
6.21 SUBMITTAL ACCEPTANCE
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6.21.1 DESIGN CONSULTANT Review Scope and Limitation - The DESIGN CONSULTANT will review and approve Shop Drawings and Samples. The 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. The 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. The CONTRACTOR shall make corrections required by the DESIGN CONSULTANT, and shall return the required number of corrected copies of Shop Drawings and submit as required new Samples for review and approval. The CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by the DESIGN CONSULTANT on previous Submittals.
6.21.2 CONTRACTOR's Responsibility Not Relieved By Approval - The CONSTRUCTION MANAGER, and the DESIGN CONSULTANT's review and approval of Shop Drawings or Samples shall not relieve the CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless the CONTRACTOR has in writing called the DESIGN CONSULTANT's attention to each such variation at the time of submission and the 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 the DESIGN CONSULTANT relieve the CONTRACTOR from responsibility for complying with the requirements of Article 6.
6.22 COMPLIANCE WITH CONSTRUCTION MANAGER ADMINISTRATIVE PROCEDURES - The CONTRACTOR is required to comply with all the CONSTRUCTION MANAGER's 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 the CONSTRUCTION MANAGER.
6.23 ASSIGNMENT OF AGREEMENT - The CONTRACTOR shall not assign, sublet, sell, transfer, or otherwise dispose of the Agreement or any portion thereof, or its right, title, or interest therein, or obligations thereunder, without the written consent of the OWNER except as imposed by law. If the CONTRACTOR violates this provision, the Agreement may be terminated at the option of the OWNER. In such event, then the OWNER shall be relieved of all liability and obligations to the CONTRACTOR and to its assignee or transferee, growing out of such termination.
6.24 CONTINUING THE WORK DURING DISPUTES
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6.24.1 The CONTRACTOR shall carry on the WORK and adhere to the progress schedule during all disputes or disagreements with the 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 the CONTRACTOR and the OWNER may otherwise agree in writing.
6.24.2 If the CONTRACTOR and the OWNER are unable to reach agreement on Disputed Work, then the OWNER may direct the CONTRACTOR to proceed with the WORK.
Payment shall he as later determined by Article 16.
6.25 GENERAL WARRANTY AND GUARANTEE The CONTRACTOR is
responsible for providing warranty and guarantee in accordance with Article 13.
6.26 INDEMNIFICATION - In addition to the indemnification provided in the 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 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.
This Section shall apply to any acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of Contractor’s officers, directors, employees, agents and contractors, including but not limited to 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.
Hazardous Substances. For purposes of this Agreement, “Hazardous Substances” shall mean any and all of the following: 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
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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 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.
This Section shall apply to any acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of Contractor’s officers, directors, employees, agents and contractors, including but not limited to 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 Should conflict of interest principles preclude a single legal counsel from representing both City and Contractor, or should Agency 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.
Such claims may include but are not limited to the following:
6.26.1 Claims By CONTRACTOR Employees - Liability or claims arising directly or indirectly from bodily injury, occupational sickness or disease, or death of the CONTRACTOR's or Subcontractor's own employees engaged in the WORK resulting in actions brought by or on behalf of such employees against the OWNER the CONSTRUCTION MANAGER and/or the DESIGN CONSULTANT;
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6.26.2 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 the CONTRACTOR, its employees, or agents;
6.26.3 Patent, Copyright Or Secret Process -Liability or claims arising directly or indirectly from the use or manufacture by the CONTRACTOR, its employees, or agents in the performance of this Agreement of any copyrighted or uncopyrighted composition, secret process, patented or unpatented invention, article, or appliance, unless otherwise specifically set forth in this Agreement.
6.26.4 Breach Of Warranty - Liability or claims arising directly or indirectly from the breach of any warranties, whether express or implied, made to the OWNER or any other parties by the CONTRACTOR, its employees or agents;
6.26.5 Willful Misconduct - Liabilities or claims arising directly or indirectly from the willful misconduct of the CONTRACTOR, its employees, or agents; and,
6.26.6 CONTRACTOR Reimbursement Of Cost - Liabilities or claims arising directly or indirectly from any breach of the obligations assumed herein by the CONTRACTOR, the CONTRACTOR shall reimburse the OWNER, the CONSTRUCTION MANAGER and the 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 the OWNER, the CONSTRUCTION MANAGER and the DESIGN CONSULTANT in enforcing the provisions of this Article.
6.26.7 Use Of Premises - Liabilities of claims arising directly or indirectly from the use of the premises by the CONTRACTOR, its employees or agents.
6.26.8 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 the 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 the CONTRACTOR shall not extend to the liability of the DESIGN CONSULTANT, when caused by the professional negligence. errors or omissions.
6.26.9 OSHA/Cal OSHA Citations - The CONTRACTOR shall indemnify the CONSTRUCTION MANAGER against fines, reasonable attorney's fees, and defense costs resulting from citations issued to the CONSTRUCTI0N MANAGER by either the Federal, State, or local Safety enforcement agencies due to the CONTRACTOR's failure to abide by applicable Safety and health standards.
6.26.10 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.
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ARTICLE 7 --WORK BY OTHERS AT THE SITE
7.1 OWNER'S RIGHT TO WORK AT SITE - The OWNER may perform other work related to the Project at the site by the 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 such other work is to be performed was not noted in the Contract Documents, then written notice thereof will be given to the 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 the CONTRACTOR's work depends upon the work of any such other contractor or utility owner (or OWNER), then the CONTRACTOR shall promptly inspect and report to the 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. The 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 the CONTRACTOR's work except for latent defects and deficiencies in the other work."
7.3 DAMAGE TO OTHERS CAUSED BY CONTRACTOR - If the CONTRACTOR causes damage to the work, property, or person of any other contractor employed by the OWNER, or if any claim arising out of the CONTRACTOR's performance of the WORK by any other contractor is made against the CONTRACTOR, by the OWNER, the CONSTRUCTION MANAGER, the DESIGN CONSULTANT, any other contractor, or any other person, then the CONTRACTOR shall be responsible to settle and shall promptly attempt to settle and resolve the dispute.
7.4 COORDINATION
7.4.1 Coordination Responsibilities - The 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 - If the CONTRACTOR is delayed by the OWNER, and such delay could not reasonably have been foreseen and prevented by the CONTRACTOR, then the 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. The CONSTRUCTION MANAGER shall arrange meetings with other contractors performing work on behalf of the OWNER to plan coordination of construction activities. Any difference or conflict arising between the CONTRACTOR and any other contractor employed by the OWNER shall be submitted to the CONSTRUCTION MANAGER for a decision in the matter. The CONTRACTOR shall comply with reasonable direction from the CONSTRUCTION MANAGER whose decision on coordination matters will be final.
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7.5 Remedy For Delays By Others - By entering into this Agreement, the CONTRACTOR acknowledges there may be other contractors on the site whose work will be coordinated with that of his own. The CONTRACTOR expressly warrants and agrees he will cooperate with other contractors and will do nothing to delay, hinder, or interfere with the WORK of other separate contractors, the OWNER, the CONSTRUCTION MANAGER or DESIGN CONSULTANT.
The CONTRACTOR also expressly agrees, in the event the WORK is hindered, delayed, interfered with or otherwise at1ected by a separate contractor, his sole remedy will be a direct action against the separate contractor. The CONTRACTOR will have no remedy, and hereby expressly waives any remedy, against the OWNER and/or the CONSTRUCTION MANAGER or DESIGN CONSULTANT on account of delay, hindrance, interference or other event caused by a separate contractor, including any claim for a change in the Contract Time.
7.6 Out Of Sequence Or Accelerated Work - When WORK is performed out of sequence and ahead Interfacing Work, the 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 the CONSTRUCTION MANAGER and to the other contractors that WORK has been performed out of sequence and ahead Interfacing Work.
7.7 NATIONAL LABOR RELATIONS BOARD REQUIREMENTS - The
CONTRACTOR's Price shall include all costs associated with complying with National Labor Relations Board requirements for accessing the Project WORK site.
ARTICLE 8- OWNER'S RESPONSIBILITIES
8.1 GENERAL - The OWNER has the final authority in all matters affecting the WORK.
8.2 COMMUNICATIONS - In general, the OWNER and DESIGN CONSULTANT shall issue all written communications to the CONTRACTOR through the CONSTRUCTION MANAGER.
8.3 PAYMENTS - The OWNER shall make payments to the CONTRACTOR as provided in Article 14.
8.4 LANDS, EASEMENTS, AND SURVEYS - The OWNER's duties in respect of providing lands and easements and providing Engineering surveys to establish reference points are set forth in Article 4. The OWNER shall identify and make available to the 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 - The OWNER shall execute Change Orders as indicated in Article 10.
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8.6 INSPECTIONS AND TESTS - The OWNER's responsibility with respect to inspections, tests, and approvals is set forth in Article 13.
8.7 SUSPENSION OF WORK - In connection with the OWNER's right to stop work or suspend work, see Articles 13 and 15.
8.8 TERMINATION OF AGREEMENT - Article 15 deals with the OWNER's right to terminate services of the CONTRACTOR.
8.9 OWNER'S RESPONSIBILITY FOR UNDISCLOSED HAZARDOUS MATERIALS The 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 - The OWNER or CONSTRUCTION MANAGER shall not supervise, direct or have control or authority over, nor be responsible for, the CONTRACTOR's means, methods. techniques, sequences or procedures of construction or the Safety precautions and programs incident thereto, or for any failure of the CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the WORK. The OWNER and CONSTRUCTION MANAGER will not be responsible for the 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 -The CONSTRUCTION MANAGER will be the OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of the CONSTRUCTION MANAGER as the CONSTRUCTION MANAGER during construction are set forth in the Contract Documents.
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 the CONSTRUCTION MANAGER as to the WORK, it is intended 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 the 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.
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9.2 PRESENCE ON SITE - The 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. The CONSTRUCTION MANAGER will not supervise, direct, or have control over the CONTRACTOR's work.
9.3 CONTRACT DOCUMENT CLARIFICATIONS AND INTERPRETATIONS - The 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 the 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 the OWNER and CONTRACTOR. If the 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 the CONTRACTOR may request an adjustment in the Contract Price or an extension of the Contract Time therefore as provided in Articles ll or 12.
9.4 AUTHORIZED VARIATIONS IN WORK - The 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. 1f the CONTRACTOR believes that a Construction Manager Order justifies an increase in the Contract Price or an extension of the Contract Time, the 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 the CONTRACTOR proceeds with the directed work without making such a request or providing notice he will be presumed to be in agreement with the 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 - The OWNER has the final authority in all matters affecting the WORK. Within the scope of the Agreement, the CONSTRUCTION MANAGER has the authority to enforce compliance with the Plans and Specifications. The CONTRACTOR shall promptly comply with instructions from the CONSTRUCTION MANAGER or any authorized representative. On all matters relating to quantities, the acceptability of material, equipment, or work, the execution, progress or sequence of work, and the interpretation of Specifications or Drawings. The decision of the CONSTRUCTION MANAGER shall be precedent to any payment under the Agreement, unless otherwise ordered by the OWNER. The CONSTRUCTION MANAGER will recommend final acceptance to the OWNER.
9.6 REJECTING DEFECTIVE WORK - The CONSTRUCTION MANAGER will have authority to reject work which the CONSTRUCTION MANAGER determines to be defective, or not in compliance with the Contract Documents or that the DESIGN CONSULTANT or the CONSTRUCTION MANAGER believes will not produce a completed Project or that
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will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. The 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 - In connection with the CONSTRUCTION MANAGER's responsibilities as to Submittals, see Section 01300 "Contractor Submittals."
9.8 CHANGE ORDER - In connection with the 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 – To the extent allowed by law, the 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 the CONSTRUCTION MANAGER. The process to be followed is described in Article 16.
9.12 CONSTRUCTION MANAGER INTERPRETATION - When functioning as interpreter and judge under Article 9, the CONSTRUCTION MANAGER will not show partiality to the OWNER, the DESIGN CONSULTANT or the 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 the CONSTRUCTION MANAGER pursuant to Article 9 will be a condition precedent to any exercise by the CONTRACTOR of such rights or remedies as he may otherwise have under the Contract Documents or by Laws and Regulations in respect of any such claim, dispute or other matter pursuant to A1iicle 16.
9.13 LIMITATION ON CONSTRUCTION MANAGER'S RESPONSIBILITIES
9.13.1 No Duty Arising Out Of Act Or Decision - Neither the CONSTRUCTION MANAGER's authority to act under this Article 9 or other provisions of the
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Contract Documents, nor any decision made by the CONSTRUCTION MANAGER in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of the CONSTRUCTION MANAGER to the 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 - The CONSTRUCTION MANAGER will not supervise, direct, control, or have authority over, or be responsible for the CONTRACTOR's means, methods, techniques, sequences, or procedures of construction, or the Safety precautions and programs incident thereto, or for any failure of the CONTRACTOR to comply with Laws and Regulations, applicable to the performance of the WORK. The CONSTRUCTION MANAGER will not be responsible for the CONTRACTOR's failure to perform the WORK in accordance with the Contract Documents.
9.13.3 CONTRACTOR Acts Or Omissions - The CONSTRUCTION MANAGER will not be responsible for the acts or omissions of the 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 THE CONTRACTOR
10.1.1 CONSTRUCTION MANAGER Approval - Changes in the Plans and Specifications, requested in writing by the 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 the CONSTRUCTION MANAGER. If the method will result in a cost saving, then an appropriate deductive change will be required.
10.1.2 Specified Methods - Changes in specified methods of construction may be made at the CONTRACTOR's request when approved in writing by the CONSTRUCTION MANAGER. If the method will result in a cost saving, then an appropriate deductive change will be required.
10.1.3 No Right To Change - Nothing herein shall be construed as granting a right to the 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 the CONTRACTOR believes the OWNER is liable, and covers all direct, supplemental, indirect, consequential, serial and cumulative costs and delays to which the CONTRACTOR is entitled as a result of the change.
10.2 OWNER'S RIGHT TO MODIFY WORK
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10.2.1 Requirement To Implement Directed Change - Without invalidating the Agreement and without notice to any surety, the 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 the CONSTRUCTION MANAGER and issued by the OWNER. Upon receipt of any such document, the 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 the OWNER desires a change in the WORK the CONSTRUCTION MANAGER will issue a Request for Proposal to the CONTRACTOR. The CONTRACTOR will be required to respond within the time indicated by the CONSTRUCTION MANAGER or fifteen ( 15) Days. whichever is less. If the CONTRACTOR fails to meet the submittal time required by this provision, the CONTRACTOR will he solely liable for any delays or impacts caused by the delayed submittal of the proposal.
10.3 REQUIREMENT TO PROCEED WITH WORK - lf the OWNER and the CONTRACTOR agree on the value of any work, and the amount of Contract Time that should be allowed as a result of the CONTRACTOR's response to a Request for Proposal, then the CONTRACTOR shall proceed as directed by the OWNER so as to minimize the impact on and delays to the work pending the issuance of a Change Order. If however, the OWNER and the 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 the CONTRACTOR's response to a Request for Proposal, then the OWNER can direct the CONTRACTOR to proceed on the basis of a price for the WORK as estimated by the 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 - The 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 - The OWNER and the CONTRACTOR shall execute appropriate Change Orders covering:
10.5.1 OWNER Ordered Changes - Changes m the WORK which are ordered by the OWNER pursuant to Article 10;
10.5.2 Changes Due To Defective Work - Changes required because of acceptance of Defective Work under Article 13; and
10.5.3 Mutually Agreed Price/Time Changes - Changes in the Contract Price or the 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, then the giving of any such notice will be the 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 Agreement, 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 the 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 methods, and the CONSTRUCTION MANAGER and the CONTRACTOR cannot achieve agreement on the anticipated cost of the work involved and the OWNER directs the CONTRACTOR to proceed with the work with payments to be made on the basis of the CONSTRUCTION MANAGER's determination of the cost of the work involved, and a CONTRACTOR's profit of eighty percent (80%) of the amount allowed for profit pursuant to section 11.2.2 of this Article:
11.2.1.5 Where the work involved is not covered by either of the first two methods, and the OWNER directs the 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
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involved, determined as specified in this Article, and the CONTRACTOR's profit determined as fifty percent (50%) of the amount allowed for profit pursuant to section 11.2.2 of this Article; and
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 percent (10%) ten percent (10%)
Materials= ten percent (10%) five percent (5%)
Equipment= ten percent (10%) five percent (5%)
To the sum of the costs and markups provided for in this Article, one percent (1%) shall be added as compensation for bonding.
11.2.3 Subcontractor Mark Up - It is understood labor, materials, and equipment may be furnished by the CONTRACTOR or by the Subcontractor on behalf of the 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 the CONTRACTOR may add five percent (5%) of the Subcontractor's total cost for the extra work. Regardless of the number of hierarchical tiers of Subcontractors, the five percent (5%) 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. The 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 the 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.
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11.3 COST OF WORK (BASED ON TIME AND MATERIALS)
11.3.1 General - The term "cost of work" means the sum of all costs necessarily incurred and paid by the CONTRACTOR for labor, materials, and equipment in the proper performance of extra work. Except as otherwise may be agreed to in writing by the 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. Nondirect 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 the OWNER notwithstanding the fact that such discounts may not have been taken by the 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 the 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 the CONSTRUCTION MANAGER the cost of material is excessive, or the 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 The OWNER reserves the right to furnish materials for the extra work and no claim shall be allowed by the CONTRACTOR for costs and profit on such materials.
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11.3.4 Equipment - The 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 the CONTRACTOR's control through direct ownership, leasing, renting, or another method of acquisition. The rental rate to be applied for use of each item of equipment shall be the rate resulting in the least total cost to the OWNER for the total period of use. If it is deemed necessary by the CONTRACTOR to use equipment not listed in the publication specified in the Supplementary General Conditions, then an equitable rental rate for the equipment will be established by the CONSTRUCTION MANAGER. The CONTRACTOR may furnish cost data which might assist the CONSTRUCTION MANAGER in the establishment of the rental rate.
11.3.4.1 All equipment shall, in the opinion of the 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, the CONTRACTOR shall plainly stencil or stamp an identifying number thereon at a conspicuous location, and shall furnish to the 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.
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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.
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 the CONSTRUCTION MANAGER and the CONTRACTOR determine that a special service is required which cannot be performed by the forces of the 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 the 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 percent (15%) 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 the 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 the CONTRACTOR whether at the site or in the 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 the CONTRACTOR's Allowance for overhead and profit.
11.3.8.2 Office Expense - Expenses of the CONTRACTOR's principal and branch offices.
11.3.8.3 Capital Expenses - Any part of the CONTRACTOR's capital expenses, including interest on the CONTRACTOR's capital employed for the WORK and charges against the 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.
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11.3.8.5 Negligence - Costs due to the negligence of the 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 the CONTRACTOR.
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 the 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 the 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, the CONTRACTOR must submit a daily Extra Work Report on a form provided by the CONSTRUCTION MANAGER. The form must be completely filled out based on the provisions of this Article and signed by the CONTRACTOR and the CONSTRUCTION MANAGER at the end of each working Day. Failure to complete the form and obtain appropriate signatures by the next working Day after the work was completed will result in the CONTRACTOR's costs for extra work being disallowed until such form is completed and agreed to by the CONSTRUCTION MANAGER. Delay in submitting the form beyond seven (7) Days will result in the Construction MANAGER's records becoming the official record for payment purposes.
11.4 COSTS RELATING TO WEATHER DAMAGE
The CONTRACTOR shall have no cost claims against the 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
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11.5.1 CONTRACTOR -Initiated Change- Any request by the CONTRACTOR for a change in the Contract Price shall be based on written notice delivered by the CONTRACTOR to the 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 the CONSTRUCTION MANAGER allows an additional period of time to ascertain more accurate data in support of the request.
11.5.3 Proposal Form -The CONTRACTOR's proposal shall be on forms acceptable to the CONSTRUCTION MANAGER. The CONTRACTOR proposal request shall certify in writing that the amounts included cover all direct, supplemental, indirect, consequential and cumulative costs and delays, as applicable, and that those costs and delays would be or were necessarily incurred, despite the CONTRACTOR's reasonable and diligent efforts to mitigate them. Mitigation efforts undertaken by the 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,'' the CONTRACTOR's itemized estimates shall detail all applicable elements of cost, including, but not limited to, labor man-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 the CONTRACTOR's sureties shall be bound with reference thereto as under the original Agreement. Copies of all amendments to surety Bonds or supplemental surety Bonds shall be submitted to the OWNER when requested.
11.5.8 Documentation - The CONTRACTOR is required to comply with the CONSTRUCTION MANAGER's documentation requirements regarding format and level of detail for the Change Order process.
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11.6 OWNER RIGHT TO DIRECT USE OF CONIPETITIVE BID - The OWNER reserves the right to direct the CONTRACTOR to solicit competitive bids for additional work.
If required by the OWNER, the CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to the CONTRACTOR and shall deliver such bids to the OWNER who will then determine, with the advice of the CONSTRUCTION MANAGER, which bids will be accepted.
11.7 NO COMPENSATION FOR DELAY DURING CONTRACT TIME. The CONTRACTOR shall not be entitled to any compensation or any compensatory or other damages if, for any reason whatsoever during the Contract Time, the WORK progresses at a pace slower than anticipated by the CONTRACTOR.
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 the CONTRACTOR for an extension of the Contract Time (or Milestones) shall be based on written notice delivered by the CONTRACTOR to the 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, unless otherwise noted. Notice of the extent of the request with supporting data shall be delivered within fourteen (14) Days after such occurrence (unless the CONSTRUCTION MANAGER allows an additional period of time to ascertain more accurate data in support of the request) and shall be accompanied by the CONTRACTOR's written statement that the adjustment requested is the entire time adjustment to which the 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 the CONTRACTOR is due an increase in Contract Price.
12.1.2 CONTRACTOR Required Analysis - An extension in Contract Time will not be granted unless the 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 the 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 the CONTRACTOR's reasonable and diligent actions to guard against those effects.
12.1.3 OWNER's Right To Grant Time Extension - The OWNBR may elect, at its sole discretion, to grant an extension in Contract Time, without the CONTRACTOR's request, because of delays or other factors.
12.2 TIME IS OF THE ESSENCE - With regard to all Contract Milestones and all time limits stated in the Contract Documents, "time is of the essence."
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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 General Requirements.
12.3.2 Types Of Delays Beyond the CONTRACTOR's and the OWNER's Control - Delays beyond the control of the CONTRACTOR shall include, but not be limited to, acts or neglect by the OWNER, acts or neglect of utility owners, fires, floods, epidemics, abnormal weather conditions, labor slowdowns and strikes, or acts of God. The CONTRACTOR must provide the CONSTRUCTION MANAGER written notice of the potential delay within twenty four (24) hours of the occurrence.
12.3.3 Subcontractor Delays Within the CONTRACTOR's Control - Delays attributable to and within the control of Subcontractor or Supplier shall be deemed to be delays within the control of the CONTRACTOR. No time extension will be allowed for such delays.
12.4 TIME ONLY ENTITLEMENT
12.4.1 Where the 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 the OWNER and the CONTRACTOR an extension of the Contract Time (or Milestones) in an amount 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 the OWNER be liable to the 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 the 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. The CONTRACTOR must provide the 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 the CONTRACTOR from working on the controlling item in the CONTRACTOR's construction schedule. Should the CONTRACTOR experience inclement weather delays over the course of contract duration in excess of the number of Days outlined in the Supplementary General Conditions, the 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 the CONSTRUCTION MANAGER, the CONTRACTOR has made all reasonable efforts to
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protect the materials, equipment, and work, the 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-TEST AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK; WARRANTY AND GUARNTEE
13.1 TESTS AND INSPECTIONS
13.1.1 ACCESS TO WORK FOR TESTING AND INSPECTION - The OWNER, CONSTRUCTION MANAGER their Consultants, Sub-Consultants, other representatives and personnel of the 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. The CONTRACTOR shall provide them proper and safe conditions for such access and advise them of the CONTRACTOR's Safety procedures and programs so that they may comply.
13.1.2 Cost of Inspection/Notice - The CONSTRUCTION MANAGER will make, or have made, such inspections and tests as the 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 the OWNER. In the event such inspections or tests reveal non-compliance with the requirements of the Contract Documents, the CONTRACTOR shall bear the cost of corrective measures deemed necessary by the CONSTRUCTION MANAGER. as well as the cost of subsequent re inspection and re-testing. Neither observations by the CONSTRUCTION MANAGER nor inspections, tests. or approvals by others shall relieve the CONTRACTOR from the CONTRACTOR's obligation to perform the WORK in accordance with the Contract Documents. The CONTRACTOR shall give the 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. The 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. The CONTRACTOR shall be responsible for arranging any inspection required by a public entity. The CONTRACTOR shall provide adequate notice to the public entity and to the CONSTRUCTION MANAGER for any required inspection.
13.1.3 Right to Stop Work - The CONSTRUCTION MANAGER has the right to stop or suspend work activities which will cover the CONTRACTOR's work product which is to be inspected or tested, or which will interfere with the inspection or testing activities, for a reasonable time and the 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
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13.2.1 The CONTRACTOR shall be responsible for performance of tests and inspections in accordance with the Technical Specifications.
13.2.2 If Laws and Regulations of any public body having jurisdiction other than the OWNER require any work to specifically be inspected, tested, or approved, then the CONTRACTOR shall pay all costs.
13.2.3 The CONTRACTOR shall be responsible for and shall pay all costs in connection with any inspection or testing required in connection with the OWNER's or the 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 the CONTRACTOR's purchase thereof or incorporation in the WORK.
13.2.4 The CONTRACTOR shall: pay all related costs; schedule related activities at appropriate times; and secure and furnish for the CONSTRUCTION MANAGER the required certificates of inspection, testing or approval. Any associated cost and time required by the CONTRACTOR for inspections required under section 13.2 shall be considered as having Been included in the Contract Price and in the CONTRACTOR's schedule for the performance of the WORK within the Contract Time.
13.2.5 All inspections, tests, or approvals other than those required by Laws and Regulations of any public body having jurisdiction shall be performed by organizations acceptable to the CONSTRUCTION MANAGER.
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 the CONSTRUCTION MANAGER. then it must, when requested by the CONSTRUCTION MANAGER, be uncovered for inspection. The CONTRACTOR shall bear all direct, indirect, and consequential costs and damages of such uncovering, unless the CONTRACTOR has given the CONSTRUCTION MANAGER and/or agencies timely notice of the CONTRACTOR's intention to cover the same, and the 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 the CONSTRUCTION MANAGER, then it must, when requested by the CONSTRUCTION MANAGER, be uncovered for the CONSTRUCTION MANAGER's observation and recovered. The CONTRACTOR shall bear all direct, indirect, and consequential costs and damages of such uncovering.
13.3.3 CONSTRUCTION MANAGER Right To Direct That Work Be Uncovered For Inspection Or Testing
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13.3.3.1 If the CONSTRUCTION MANAGER considers it necessary or advisable that covered work be observed by the CONSTRUCTION MANAGER or inspected or tested by others, then the CONTRACTOR, at the CONSTRUCTION MANAGER's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as the 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, then the 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 Engineer, architects, attorneys, and other professionals.
However, if such work is not found to be defective, then the 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 the CONSTRUCTION MANAGER, and the CONTRACTOR fails to immediately correct the defect or the CONTRACTOR fails to perform work in such a way that the completed work will conform to the Contract Documents, then the CONSTRUCTION MANAGER may order the CONTRACTOR to stop the WORK, or any portion thereof, until the cause for such order has been eliminated; however, this right of the CONSTRUCTION MANAGER to stop the WORK shall not give rise to any duty on the part of the OWNER or CONSTRUCTION MANAGER to exercise this right for the benefit of the CONTRACTOR or any other party. The 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 the CONSTRUCTION MANAGER, then the CONTRACTOR shall promptly, either correct all Defective Work, whether or not fabricated, installed, or completed, or, if the WORK has been rejected by the CONSTRUCTION MANAGER, remove it from the site and replace it with nondefective work. The 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, the OWNER prefers to accept the work, then the OWNER may do so. The CONTRACTOR shall bear all direct, indirect, and consequential costs attributable to the OWNER's evaluation of and determination to accept such Defective Work. If any such acceptance occurs prior to Final Payment, then a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the WORK, and the OWNER shall be entitled to an appropriate decrease in the Contract Price, determined by the CONSTRUCTION MANAGER and charged to the CONTRACTOR through a deductive Change Order.
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13.5.3 OWNER May Correct Defective Work
13.5.3.1 If the CONTRACTOR after receiving written notice, from the CONSTRUCTION MANAGER or from the OWNER, or both, fails within a reasonable time as specified in the notice, to correct Defective Work or to remove and replace rejected WORK, then the OWNER may correct and remedy any such deficiency. If the CONTRACTOR after receiving written notice, from the CONSTRUCTION MANAGER, or from the 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, then the OWNER may correct and remedy any such deficiency.
13.5.3.2 In exercising the rights and remedies under this paragraph the OWNER shall proceed expeditiously.
13.5.3.3 The connection with such corrective and remedial action, the OWNER may exclude the CONTRACTOR from all or part of the site, take possession of all or part of the WORK, and suspend the CONTRACTOR's services related thereto, take possession of the 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 the OWNER has paid the CONTRACTOR but which are stored elsewhere.
13.5.3.4 The CONTRACTOR shall allow the OWNER. Engineers, Agents and employees, the OWNER's other contractors and the CONSTRUCTION MANAGER and the DESIGN CONSULTANT access to the site to enable the 0WNER to exercise the rights and remedies under this paragraph.
13.5.3.5 All claims, costs, losses and damages incurred or sustained by the OWNER in exercising such rights and remedies will be charged against the CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the WORK: and the 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, the OWNER may unilaterally issue the Change Order through the 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 the CONTRACTOR's Defective Work.
13.5.3.7 The 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 the OWNER of the OWNER's rights and remedies hereunder.
13.6 WARRANTY AND GUARANTEE
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13.6.1 General - The CONTRACTOR warrants and guarantees to the OWNER that all work will be in accordance with the Contract Documents and will not be defective. Prompt notice of defects known to the OWNER or CONSTRUCTION MANAGER shall be given to the CONTRACTOR. All 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 and 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 and Regulations. the WORK, or any part of the WORK, is discovered to be defective, then the CONTRACTOR shall promptly, without an adjustment in Contract Price and in accordance with the OWNER's or the CONSTRUCTION MANAGER's written instructions, either correct that Defective Work, or if it has been rejected by the OWNER or the 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, then the OWNER or CONSTRUCTION MANAGER may have the Defective Work corrected or the rejected work removed and replaced. In that event, the CONTRACTOR shall not be allowed to recover any associated costs, and he shall reimburse the OWNER for all direct indirect and consequential costs of the OW1\IER, and the 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 the CONTRACTOR's bond if the CONTRACTOR has been paid in full. Where Defective Work (and damage to other Work resulting therefrom) has been corrected, removed or replaced during the one (l) year Warranty Period with respect to such Work will be extended for an additional period of one ( l) year after such correction or removal and replacement has been satisfactorily completed.
13.6.4 Early Completion - The one (l) year Warranty Period will not begin until the Notice of Completion is tiled. If the CONTRACTOR completes the WORK or portions thereof prior to this time, then the CONTRACTOR shall preserve the equipment and facilities by developing and implementing a preventive maintenance program in compliance with manufacturer's recommendations to maintain the equipment and/or facilities unless the OWNER has issued a Notice of Beneficial Occupancy or Notice of Partial Utilization for the warranted work. At start up, the CONTRACTOR will be required to get his equipment and/or facilities ready to put into service.
13.7 EXTENDED WARRANTIES AND GUARANTEES - The OWNER may at its sole discretion extend the one (1) year Warranty Period up to twenty-four (24) additional months, in which case the 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
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warranties and guarantees provided by the CONTRACTOR, then an adjustment in Contract Price shall be made as provided by the Contract Documents.
ARTICLE 14 --PAYMENTS TO CONTRACTOR AND COMPLETION
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 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 - The CONTRACTOR shall submit to the 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. The 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 set forth 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 ce1iified platform scales or, when approved by the CONSTRUCTION MANAGER, on a completely automated weighing and recording system.
The CONTRACTOR shall furnish the CONSTRUCTION MANAGER with duplicate licensed weighmaster's certificates showing the actual net weights.
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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 2,000 pounds avoirdupois. The unit of liquid measure is the U.S. gallon.
14.2 PAYMENT
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 the 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 the 0\VNER. Prior to final acceptance of the WORK, responsibility of ownership shall remain with the 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.
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 - within the time fixed by law, a properly executed notice to stop payment is filed with the OWNER due to the CONTRACTOR's failure to pay for labor or materials used in the WORK. then all money due for such labor or materials will be withheld from payment to the CONTRACTOR in accordance with applicable laws.
14.3 APPLICATION FOR PROGRESS PAYMENT
14.3.1 Payment Due Date - The CONTRACTOR shall, on the payment application date designated by the CONSTRUCTION MANAGER, submit to the CONSTRUCTION MANAGER for review, an Application for Payment tilled out and signed by the 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 Progress Payment shall identify, as a subtotal, the amount of the 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.
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14.3.3 Net Payment - The net payment due the CONTRACTOR shall be the above-mentioned subtotal from which shall be deducted retainage and the total amount of all previous payments made to the CONTRACTOR.
14.3.4 Retention - A retention often percent (10%) of each approved progress payment will be withheld until the work is fifty percent (50%) complete; then the OWNER may, at its option, refund that portion of retainage held by the 0WNER that is in excess of five percent (5%) of the total of the WORK done to date and thereafter continue to retain five percent (5%) of the value of all approved progress payment requests subsequently submitted.
When the Notice of Completion is issued, the OWNER at its option, may refund any portion of the remaining retention.
14.3.5 Retainage From Payments - The CONTRACTOR may elect to receive one hundred percent ( 100%) of payments due under the Contract Documents from time to time, without retention of any pot1ion of the payment by the OWNER, by depositing securities of equivalent value with the OWNER in accordance with the provisions of Public Contract Code §22300. Such securities, if deposited by the CONTRACTOR, shall be valued by the 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 Government Code §16430, bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by the CONTRACTOR and the OWNER. This provision shall 1only become effective upon the OWNER's AND CONTRACTOR's execution of a separate agreement establishing the specifics for substituting securities.
14.3.6 Reinstating Retention - The OWNER may reinstate up to ten percent (10%) retention of the total of the WORK done if the OWNER determines, at its discretion, the 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 - The CONTRACTOR warrants and guarantees title to all work, materials, and equipment covered by an Application for Payment, whether incorporated in the WORK or not, will pass to the 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 the OWNER to the CONTRACTOR.
Any payment request that is disputed or determined to be improper shall be returned to the CONTRACTOR not later than seven (7) Days after receipt accompanied by documentation describing the reason(s) why the payment request is not proper.
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Any progress payment not made within thirty (30) Days after an undisputed and properly submitted payment request will require the OWNER to pay interest as provided by Public Contract Code §20104.50.
14.6 REJECT PAYMENT FOR DEFECTIVE WORK - The 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 the CONSTRUCTION MANAGER's opinion to protect the 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;
14.6.3 The OWNER has been required to correct Defective Work or complete Work in accordance with Article 13; or
14.6.4 The CONSTRUCTION MANAGER has actual knowledge of the occurrence of any of the events enumerated in Article 15.
14.7 REJECTION OF PAYMENT BY OWNER - The OWNER may refuse to make payment of the full amount recommended by the CONSTRUCTION MANAGER because claims have been made against the OWNER on account of the CONTRACTOR's performance of the WORK or liens have been filed in connection with the WORK or there are other items entitling the OWNER to a credit against the amount recommended, but the OWNER must give the CONTRACTOR written notice within seven (7) Days (with a copy to the CONSTRUCTION MANAGER) stating the reasons for such action.
14.8 SUBSTANTIAL COMPLETION
14.8.1 When the CONTRACTOR considers the WORK ready for its intended use the CONTRACTOR shall notify the CONSTRUCTION MANAGER in writing that the WORK is substantially complete. The 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, the OWNER, the CONTRACTOR, and the CONSTRUCTION MANAGER shall make an inspection of the WORK to determine the status of completion.
14.8.3 If the CONSTRUCTION MANAGER does not consider the WORK substantially complete, or the list of remaining work items to be comprehensive, the CONSTRUCTION MANAGER will notify the CONTRACTOR in writing giving the reasons therefore.
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14.8.4 If the CONSTRUCTION MANAGER considers the WORK substantially complete, the CONSTRUCTION MANAGER will prepare and deliver to the 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 Certificate of Substantial Completion, the CONSTRUCTION MANAGER will deliver to the OWNER and the CONTRACTOR a written recommendation as to division of responsibilities pending Final Payment between the OWNER and the CONTRACTOR with respect to security, operation, Safety, maintenance, heat utilities, insurance and warranties and guarantees.
14.8.5 The OWNER shall have the right to exclude the CONTRACTOR from the Work after the date of Substantial Completion, but the OWNER shall allow the 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 - The 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 the OWNER plans to exercise said right, the CONTRACTOR will be notified in writing with a Notice of Partial Utilization signed by the
0WNER identifying the 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 - The OWNER shall have the right to take control of the entire WORK if it is substantially completed. Whenever the OWNER plans to exercise said right the CONTRACTOR will be notified in writing with a Notice of Beneficial Occupancy.
Such use by the OWNER will terminate liquidated damages.
14.9.3 Responsibility For Care and Maintenance - It shall be understood by the CONTRACTOR that until Beneficial Occupancy or Partial Utilization Notice is issued or start up begins all responsibility for care and maintenance of all of the WORK shall be the responsibility of the CONTRACTOR. Upon issuance of said written Notice of Beneficial Occupancy or Notice of Partial Utilization the 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- The CONTRACTOR shall retain full responsibility for satisfactory completion of the WORK, regardless of whether a portion thereof has been partially utilized by the OWNER.
14.10 FINAL INSPECTION - Upon written notice from the CONTRACTOR the entire WORK or an agreed portion thereof is complete, the CONSTRUCTION MANAGER will make a final inspection with the OWNER and the CONTRACTOR and will notify the CONTRACTOR in writing of all particulars in which this inspection reveals that the
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WORK is incomplete or defective. The CONTRACTOR shall immediately take such measures as are necessary to complete such WORK or remedy such deficiencies.
14.11 FINAL APPLICATION FOR PAYMENT - After the 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 the CONSTRUCTION MANAGER has indicated that the WORK is acceptable, the 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 the OWNER of all liens arising out of or filed in connection with the WORK. If the 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. The CONTRACTOR shall specifically release the OWNER from any other claims not renewed.
14.12 FINAL PAYMENT AND ACCEPTANCE
14.12.1 If, on the basis of the CONSTRUCTION MANAGER's observation of the WORK during construction and final inspection, and the CONSTRUCTION MANAGER's review of the final Application for Payment and accompanying documentation, all as required by the Contract Documents, the CONSTRUCTION MANAGER is satisfied that the WORK has been completed and the CONTRACTOR's other obligations under the Contract Documents have been fulfilled, then the CONSTRUCTION MANAGER will, within fourteen (14) Days after receipt of the final Application for Payment, indicate in writing the CONSTRUCTION MANAGER's recommendation of payment and present the Application to the OWNER for payment. The CONSTRUCTION MANAGER "'ill also prepare a Notice of Completion.
14.12.2 After acceptance of the WORK by the OWNER, the OWNER will make Final Payment to the 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. The 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 the CONTRACTOR to complete the WORK within the time allowed will result in damages being sustained by the OWNER. For each consecutive calendar Day, or portion thereof, in excess of the time specified for completion of the WORK, the CONTRACTOR shall pay to the 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 the OWNER and the CONTRACTOR specified liquidated damages is the minimum value of the costs and
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actual damage caused by failure of the 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 the Final Payment due the CONTRACTOR if such delay in completion occurs.
14.14 PARTIAL RELEASE OF RETENTION AT SUBSTANTIAL COMPLETION- If, through no fault of the CONTRACTOR, final completion of the WORK is significantly delayed and if the CONSTRUCTION MANAGER so confirms, then the OWNER shall, upon receipt of the CONTRACTOR's final Application for Payment and recommendation of the 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 the OWNER for WORK not fully completed or corrected is less than the retainage set forth in the Agreement, and if Bonds have been furnished as required in Article 5, then 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 the CONTRACTOR to the 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 the OWNER against the CONTRACTOR, except claims arising from unsettled Mechanic's 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 the CONTRACTOR's continuing obligations under the Contract Documents; and
14.15.2 CONTRACTOR - A waiver of all claims by the CONTRACTOR against the 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), the OWNER will release to the CONTRACTOR the retainage funds withheld pursuant to the Agreement, less any deductions to cover pending third party claims and liquidated damages against the CONTRACTOR.
14.17 CONTRACTOR'S CONTINUING OBLIGATION - The 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 the CONSTRUCTION MANAGER, nor the issuance of a Notice of Completion, nor any payment by the OWNER to the CONTRACTOR under the Contract Documents, nor any use or occupancy of the WORK or any part thereof by the OWNER, nor any act of acceptance by the 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
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release of the CONTRACTOR's obligation to perform the WORK in accordance with the Contract Documents.
14.18 TERMINATION OF LIABILITY OF OWNER - The acceptance by the CONTRACTOR of the Final Payment referred to in Article 14 herein, shall be a release of the OWNER and CONSTRUCTION MANAGER from all claims of liability to the CONTRACTOR for anything done or furnished for, or relating to, the WORK or for any act or neglect of the OWNER or of any person relating to or affecting the WORK except demands against the 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 - The OWNER, acting through the 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 the CONTRACTOR. The CONTRACTOR shall resume the WORK on receipt from the CONSTRUCTION MANAGER of a Notice of Resumption of Work. The 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, then the CONTRACTOR shall immediately cease operations in the area of the discovery and shall not continue until ordered by the CONSTRUCTION MANAGER. This suspension of work may exceed the ninety (90) Day limit without creating a right to terminate the Agreement for the CONTRACTOR. When resumed, operations within the area of the discovery shall be as directed by the CONSTRUCTION MANAGER.
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 The 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 the CONTRACTOR. the OWNER shall give fourteen (14) Days written notice to the CONTRACTOR of the OWNER's intent to terminate the Agreement and provide the CONTRACTOR opportunity to remedy the conditions constituting the default.
15.3.2 CONTRACTOR Default - It shall be considered a default by the CONTRACTOR
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when the 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 the 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; or
15.3.2.6 Fails to maintain license or insurance.
15.3.3 If the CONTRACTOR fails to remedy the conditions constituting default within the time allowed, then the OWNER may then issue the Notice of Termination.
15.3.4 In the event the Agreement is terminated in accordance with Article 15, the OWNER may take possession of the WORK and may complete the WORK by whatever method or means the OWNER may select. The cost of completing the WORK shall be deducted from the balance which would have been due the 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, then the CONTRACTOR shall pay the excess amount to the OWNER. If such cost is less than the balance which would have been due, the CONTRACTOR shall not have claim to the difference.
15.4 RIGHTS OF OWNER PRESERVED - Where the CONTRACTOR's services have been so terminated by the OWNER, the termination will not affect any rights or remedies of the OWNER against the CONTRACTOR then existing or which may thereafter accrue.
Any retention or payment of moneys due the CONTRACTOR by the OWNER will not release the CONTRACTOR from liability.
15.5 TERMINATION BY THE CITY FOR JUST CAUSE - The 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 the 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 by OWNER
15.5.1.1 Termination of CONTRACTOR's Performance of WORK - The OWNER may terminate, subject to the express terms and conditions set forth below, the
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CONTRACTOR's performance of work under this Agreement in whole or, from time to time, in part, if the City Council does not appropriate sufficient monies to fund the Agreement. The City Manager shall terminate on behalf of the OWNER by delivering to the 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 the City Manager, the 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 the 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 the City Manager, transfer the title and deliver to the 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 the OWNER;
15.5.1.2.6 Complete performance of the WORK not terminated; and
15.5.1.2.7 Take any action that may be necessary, or that the City Manager may direct, for the protection and preservation of the property related to this Agreement that is in the possession of the CONTRACTOR and in which the CITY has or may acquire an interest
15.5.1.3 Removal of OWNER's Property - The CONTRACTOR may request the OWNER to remove the OWNER’s property or enter into an agreement for its storage. Within sixty (60) Days, the OWNER will accept title of property and remove it or enter into a storage agreement.
15.5.1.4 Termination Settlement - After termination. the CONTRACTOR shall submit a final termination settlement proposal to the City Manager in the form and with the certification prescribed by the City Manager. The CONTRACTOR shall submit the proposal promptly, but not later than six (6) months after the effective date of termination, unless extended, in writing, by the City Manager upon written request of the CONTRACTOR within this six (6) month period. However, if the City Manager determines that the facts justify it a termination settlement proposal may be received and acted on after six (6) months or any
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extension. If the CONTRACTOR fails to submit the proposal within the time allowed, the OWNER may, in good faith, determine, on the basis of information available, the fair and reasonable amount, if any, due the CONTRACTOR as a result of the termination and pay the amount determined. If the CONTRACTOR does not agree that the amount determined by the City Manager is fair and reasonable, and if the CONTRACTOR gives notice of such disagreement to the CITY 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, the CONTRACTOR and the 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 the 0\VNER as reduced by (1) the amount of payments previously made; and (2) the Contract Price of work not terminated. The Agreement shall be amended, and the 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 the CONTRACTOR and the OWNER fail to agree on the whole amount to be paid because of the termination of WORK, then the OWNER shall pay the CONTRACTOR the fair and reasonable amounts determined in good faith by the OWNER as follows, but without duplication of any amounts agreed above:
15.5.1.6.1 The Contract Price for completed services accepted by the 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 the City Manager to be fair and reasonable under the circumstances; however, if it appears that the CONTRACTOR would have sustained a loss on the entire Contract had it been completed, the 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;
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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 the CITY has or may acquire an interest.
15.5.1.7 Dispute of Payment - If the CONTRACTOR does not agree the amount determined by the City Manager under the paragraph above is fair and reasonable and if the CONTRACTOR gives notice of such disagreement to the CITY in accordance with Paragraph 15.5.1.4 of this Agreement 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 the OWNER expressly assumed the risk of loss, the City Manager shall exclude from the amounts payable to the CONTRACTOR under Paragraph 15.5.1.6 above, the fair value, as determined by the City Manager, of property that is destroyed. lost, stolen, or damaged so as to become undeliverable to the OWNER.
15.5.1.9 Determination of Amount Due CONTRACTOR - In arriving at the amount due the CONTRACTOR under this clause, there shall be deducted:
15.5.1.9.1 All unliquidated advance or other payments to the CONTRACTOR under the terminated portion of this Agreement;
15.5.1.9.2 Any claim which the CITY has against the 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 the CONTRACTOR or sold under the provisions of this clause and not recovered by or credited to the OWNER.
15.5.2 Partial Termination - If the termination is partial, then the CONTRACTOR may file a proposal with the City Manager for an equitable adjustment of the price(s) of the continued portion of the Agreement. The OWNER shall make any equitable adjustment agreed upon. Any proposal by the CONTRACTOR for an equitable adjustment under this clause shall be requested within ninety (90) Days after the effective date of termination unless extended, in writing, by the City Manager.
15.5.2.1 Partial Termination Payment -The OWNER may, under the terms and conditions it prescribes, make partial payment and payments against costs incurred by the CONTRACTOR for the terminated portion of the Agreement if the City Manager believes the total of these payments will not exceed the amount to which the CONTRACTOR will be entitled. If the total payments exceed amount finally determined to be due, the CONTRACTOR shall repay the excess to the OWNER upon demand, together with interest.
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Interest shall be at a rate of six percent (6%) per annum compounded daily and shall be computed for the period from the date the excess payment is received by the CONTRACTOR to the date the excess is repaid. Interest shall not be charged on any excess payment due to a reduction in the CONTRACTOR's termination settlement proposal because of retention or disposition, or a later date determined by the City Manager because of the circumstances.
15.5.2.3 Records and Documents Relating to Termination - Unless otherwise provided in the Contract Documents or by statute. the 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 the CONTRACTOR's costs and expenses under this Agreement. The CONTRACTOR shall make these records and documents available to the CITY at the CONTRACTOR's office, at all reasonable times, without any direct charge. If approved by the City Manager. photographs, microphotographs, or other authentic reproductions may be maintained instead of original records and documents.
15.6 TERMINATION OF AGREEMENT BY CONTRACTOR - The CONTRACTOR may terminate the Agreement upon ten (10) Days written notice to the 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 the CONTRACTOR, and notice to resume work or to terminate the Agreement has not been received from the OWNER within this time period; or
15.6.2 The OWNER fails to pay the CONTRACTOR any monies due him in accordance with the terms of the Contract Documents and within ninety (90) Days after presentation to the CONSTRUCTION MANAGER by the CONTRACTOR of a request therefor, unless within said ten (1 0) Day period the OWNER shall have remedied the condition upon which the payment delay was based.
15.6.3 In the event of such termination, the CONTRACTOR shall have no claims against the 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 or the breach thereof shall be processed in accordance with the provisions of this Article and are subject to audit by the OWNER's internal audit staff in accordance with Article 17.
16.2 REQUESTS FOR CHANGE
16.2.1 CONTRACTOR's Right To Request a Change - In accordance with Articles 11 and
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12, the 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 the CONSTRUCTION MANAGER within the time periods outlined in Articles 11 and 12.
16.2.2 Initial Determination - The CONSTRUCTION MANAGER shall make an initial determination on the 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 the CONTRACTOR disagree with the CONSTRUCTION MANAGER's initial determination, the CONTRACTOR may file a claim requesting a final determination from the CONSTRUCTION MANAGER. Such a request shall be in writing, and shall be delivered within twenty (20) working Days after receipt of the CONSTRUCTION MANAGER's initial determination, and after certifying his claim in accordance with Paragraph 16.3.
16.2.4 Waiver Of Rights - Failure of the CONTRACTOR to notify the CONSTRUCTION MANAGER and deliver supporting data in accordance with the time periods outlined above or failure to respond to the 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 – Notwithstanding any other provision to the contrary, claims shall be deat with pursuant to Public Contract Code Section 9204, attached and incorporated.
16.5 VENUE
16.5.1 State of California - The 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 Bid, award or performance of the WORK.
16.5.2 County Where OWNER’s Headquarters Located - The CONTRACTOR, Subcontractor, Supplier or any other person or organization shall not commence any action, other than those in the State of California in Imperial County, against the OWNER and the 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 Contract Documents.
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
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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 the CONTRACTOR by the General Conditions and all of the rights and remedies available to the OWNER and the 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 and 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. Attorney fees are specifically excluded and shall be the responsibility of each party.
17.4 RIGHT TO AUDIT
17.4.1 OWNER's Right - If the CONTRACTOR submits a claim or a Time and Material Change Order to the OWNER for additional compensation, then the 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 the 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 the CONTRACTOR's plans, or such parts thereof, as may be or have been engaged in the performance of the WORK.
17.4.4 Applicability to Subcontractors - The CONTRACTOR further agrees the right to audit encompasses all subcontracts and is binding upon Subcontractors and each subcontract shall so state. The rights to examine and inspect herein provided for shall be exercisable through such representatives as the OWNER deems desirable during the CONTRACTOR's normal business hours at the office of the CONTRACTOR.
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17.4.5 Accounting Records - The CONTRACTOR shall make available to the OWNER for auditing, all relevant accounting records and documents, and other financial data, and upon request, shall submit true copies of requested records to the 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, then the Agreement or Contract Documents shall be changed by the 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 AND 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 and 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 and Regulations are in conflict, the specific part or detailed requirement of such provision, criterion or procedure imposed or available by Laws and Regulations in conflict shall govern. All other specific parts or detailed requirements in the provisions, criteria or procedures of the applicable Laws and 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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SECTION 00800H
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.
SGC-1 DEFINITIONS
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-2 TIME OF COMPLETION
The WORK must be completed within one hundred twenty (120) Calendar Days after the commencement date stated in the Notice to Proceed.
SGC-3 NOT USED
SGC-4 NOT USED
SGC-5 INSURANCE- See provisions above and in the Agreement SGC-5.3.4 The CONTRACTOR agrees to obtain insurance and executed indemnity agreements with provisions identical to those set forth here in this section from each and every Subcontractor or any other person or entity involved by, for, with or on behalf of the CONTRACTOR in the performance of this Agreement. In the event the CONTRACTOR fails to obtain such indemnity obligations from others as required here, the CONTRACTOR agrees to be fully responsible according to the terms of this section.
SGC-5.3.5 Failure of the OWNER to monitor compliance with these requirements imposes no additional obligations on the OWNER and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend the OWNER as set forth here is binding on the successors, assigns or heirs of the CONTRACTOR and shall survive the termination of this Agreement or this section.
SGC-5.3.6 This Indemnity shall survive termination of the Agreement or Final Payment hereunder. This Indemnity is in addition to any other rights or remedies the Indemnitees may have under the law or under any other the Contract Documents or Agreement. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, the OWNER may, in its sole discretion, reserve, retain or apply any monies to the CONTRACTOR under this Agreement for the purpose of resolving such claims; provided, however, the OWNER may release such funds if the CONTRACTOR
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provides the CITY with reasonable assurance of protection of the Indemnitees' interests.
The OWNER shall, in its sole discretion, determine whether such assurances are reasonable.
SGC-6 NOT USED
SGC-7 EQUIPMENT RENTAL RATES
The 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-8 INCLEMENT WEATHER DELAYS
The CONTRACTOR's construction schedule shall be based upon the inclusion of four (4) Days of inclement weather delays. An inclement weather delay is defined as a delay caused by inclement weather which prevents the CONTRACTOR from working on the controlling item in the CONTRACTOR's construction schedule. If the CONTRACTOR experiences inclement weather delays over the course of contract duration in excess of the number of Days outlined above. then the CONTRACTOR shall be granted a time extension in accordance with the provisions outlined in A11icle 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.
SGC-8.1 LIQUIDATED DAMAGES
SGC-8.1.1 The OWNER and the CONTRACTOR recognize that time is of the essence of this Agreement and that the OWNER will suffer financial loss if the WORK is not completed within the time specified in Article 2 herein, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense, and difficulties involved in proving in a legal preceding the actual loss suffered by the OWNER if the WORK is not completed on time. Accordingly, instead of requiring any such proof, the OWNER and the CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) the CONTRACTOR shall pay one thousand dollars ($1,000.00) for every calendar Day that expires in excess of the time specified for final completion of the WORK.
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SUPPLEMENTARY GENERAL CONDITIONS (STATE)
SGC-18 CALIFORNIA STATE REQUIREMENTS
1. State Wage Determinations:
a) As required by California Labor Code §§ 1770 et seq., the CONTRACTOR shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Copies of such prevailing rate of per diem wages are on file at the office of the OWNER, which copies shall be made available to any interested party on request. The CONTRACTOR shall post a copy of such determination at each job site.
b) In accordance with California Labor Code §1775, the CONTRACTOR shall, as a penalty to the OWNER, forfeit not more than two hundred dollars ($200) for each calendar Day or portion thereof, for each worker paid less than the prevailing rates as determined by the Director for the work or craft in which the worker is employed for any public work done under the Agreement by him or her or by any Subcontractor under him or her.
2. Workers' Compensation:
a) In accordance with the provisions of California Labor Code §3700, the CONTRACTOR shall secure the payment of compensation to his employees. b) Prior to beginning work under the Agreement, the CONTRACTOR shall sign and file with the OWNER the following certification:
''I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the WORK of this Agreement." c) Notwithstanding the foregoing provisions, before the Agreement is executed on behalf of the OWNER, a Bidder to whom the Agreement has been awarded shall furnish satisfactory evidence that it has secured in the manner required and provided by Jaw the payment of Workers' Compensation.
3. Apprentices on Public Works: The CONTRACTOR shall comply with all applicable provisions of California Labor Code §1777.5 relating to employment of apprentices on public works.
4. Working Hours: The CONTRACTOR shall comply with all applicable provisions of California Labor Code §§ 1810 through 1815, inclusive, relating to working hours. The CONTRACTOR shall, as a penalty to the OWNER, forfeit twenty-five dollars ($25) for each worker employed in the execution of the Agreement by the
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Packet Pg. 218 Attachment: Bid Book Volume 1 Signed (5295 : Alder Sewer Repairs) 00084410.1 STATE SUPPLEMENTARY GENERAL CONDITIONS 00820H-2 CONTRACTOR or by any Subcontractor for each calendar Day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar Day and forty (40) hours in any one (1) calendar week, unless such worker receives compensation for all hours worked in excess of eight (8) hours at not less than one and onehalf(1.5) times the basic rate of pay.
5. CONTRACTOR Not Responsible For Damage Resulting From Certain Acts of God:
As provided in California Public Contract Code §7105, the CONTRACTOR shall not be responsible for the cost of repairing or restoring damage to the WORK which damage is determined to have been proximately caused by an act of God, in excess of five percent (5%) of the contracted amount, provided, that the WORK damaged was built in accordance with accepted and applicable building standards and the plans and Specifications of the OWNER. The CONTRACTOR shall obtain insurance to indemnify the OWNER for any damage to the WORK caused by an act of God if the insurance premium is a separate Bid item in the Bid schedule for the WORK. For purposes of this section, the term "acts of God" shall include only the following occurrences or conditions and effects:
earthquakes in excess of a magnitude of 3.5 on the Richter Scale and tidal waves.
6. Notice of Completion: In accordance with California Civil Code §§9204 and 9208, within fifteen (15) Days after date of acceptance of the WORK by the OWNER's governing body, the OWNER will file, in the County Recorder's office, a Notice of Completion of the WORK.
7. Unpaid Claims: If, at any time prior to the expiration of the period for service of a Stop Notice, there is served upon the OWNER a Stop Notice as provided in California Civil Code §§9350 et seq., then the OWNER shall, until the discharge thereof, withhold from the monies under its control so much of said monies due or to become due to the CONTRACTOR under this Agreement as shall be sufficient to answer the claim stated in such Stop Notice and to provide for the reasonable cost of any litigation thereunder; provided, that if the CONSTRUCTION MANAGER shall, in its discretion, permit the CONTRACTOR to file with the OWNER the bond referred to in Civil Code §9364, said monies shall not thereafter be withheld on account of such Stop Notice.
8. Concrete Forms, Falsework, and Shoring: The CONTRACTOR shall comply fully with the requirements of Section 17I7 of the Construction Safety Orders, State of California, Department of Industrial Relations, regarding the design of concrete forms, falsework and shoring, and the inspection of same prior to placement of concrete. Where the said Section 1717 requires the services of a civil engineer registered in the State of California to approve design calculations and working drawings of the falsework or shoring system, or to inspect such system prior to placement of concrete, the CONTRACTOR shall employ a registered civil engineer for these purposes, and all costs therefore shall be included in the price named in the Agreement for completion of the WORK as set forth in the Contract Documents.
9. Retainage From Monthly Payments: Pursuant to California Public Contract Code §22300, the CONTRACTOR may substitute securities for any money withheld by the OWNER
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Packet Pg. 219 Attachment: Bid Book Volume 1 Signed (5295 : Alder Sewer Repairs) 00084410.1 STATE SUPPLEMENTARY GENERAL CONDITIONS 00820H-3 to insure performance under the Agreement. At the request and expense of the CONTRACTOR, securities equivalent to the amount withheld shall be deposited with the OWNER or with a State or Federally-chartered bank as the escrow agent, who shall return such securities to the CONTRACTOR upon satisfactory completion of the Agreement. Deposit of securities with an escrow agent shall be subject to a written agreement between the escrow agent and the OWNER which provides that no portion of the securities shall be paid to the CONTRACTOR until the OWNER has certified to the escrow agent, in writing, that the Agreement has been satisfactorily completed. The OWNER will not certify that the Contract has been satisfactorily completed until at least thirty (30) Days after tiling by the OWNER of a Notice of Completion. Securities eligible for investment under §22300 shall be limited to those listed in Government Code § 16430 and to bank or savings and loan certificates of deposit, interest bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by the CONTRACTOR and the OWNER.
10. Public Works Contracts; Assignment to Awarding Body: The CONTRACTOR and Subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with §16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders Final Payment to the CONTRACTOR, without further acknowledgement by the parties.
11. Payroll Records; Retention; Inspection; Noncompliance Penalties; Rules and Regulations:
a) In accordance with California Labor Code §1776, the CONTRACTOR and each Subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each Day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by him or her in connection with the public work. b) The payroll records enumerated under paragraph 11 (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the CONTRACTOR on the following basis:
(I) A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or his or her authorized representative on request:
(2) A certified copy of all payroll records enumerated in paragraph 11 (a) shall be made available for inspection or furnished upon request to a representative of the body awarding the Agreement, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the Department of lndustrial Relations; an
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Packet Pg. 220 Attachment: Bid Book Volume 1 Signed (5295 : Alder Sewer Repairs) 00084410.1 STATE SUPPLEMENTARY GENERAL CONDITIONS 00820H-4 (3) A certified copy of all payroll records enumerated in paragraph 11(a) shall be made available upon request by the public for inspection or copies thereof made; provided, however, that a request by the public shall be made through either the body awarding the Agreement, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph 11(b) the requesting party shall, prior to being provided the records, reimburse the costs of preparation by the CONTRACTOR, Subcontractors and the entity through which the request was made. The public shall not be given access to the records at the principal office of the CONTRACTOR.
c) The CONTRACTOR shall tile a certified copy of the records, enumerated in paragraph J with the entity that requested the records within ten (10) Days after receipt of a written request.
d) Any copy of records made available for inspection as copies and furnished upon request to the public or any public City by the awarding body, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address, and social security number. The name and address of the CONTRACTOR awarded the Agreement or performing the Agreement shall not be marked or obliterated. e) The CONTRACTOR shall inform the body awarding the Agreement of the location of the records enumerated under paragraph 11(a) including the street address, city and county, and shall within five (5) working Days, provide a notice of change of location and address. f) In the event of noncompliance with the requirements of this section, the CONTRACTOR shall have ten (10) Days in which to comply subsequent to receipt of written notice specifying in what respects the CONTRACTOR must comply with this section.
Should noncompliance still be evident after the ten (1 0) Day period, the CONTRACTOR shall, as a penalty to the state or political subdivision on whose behalf the Agreement is made or awarded, forfeit twenty-five dollars ($25) for each calendar Day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due.
12. Cultural Resources: The CONTRACTOR's attention is directed to the provisions of the Clean Water Grant Program Bulletin 76A which augments the National Historic Preservation Act of 1966 (16 U.S.C. 470) as specified under Section 01560, "Temporary Environmental Controls" of the General Requirements.
13. Protection of Workers In Trench Excavations: As required by California Labor Code §6705 and in addition thereto, whenever work under the Contract Documents involves the excavation of any trench or trenches five (5) feet or more in depth, the CONTRACTOR shall submit for acceptance by the OWNER or by a registered civil or structural CONSTRUCTION MANAGER, employed by the OWNER, to whom authority to accept has been delegated, in advance of excavation, a detailed plan showing the design of shoring,
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Packet Pg. 221 Attachment: Bid Book Volume 1 Signed (5295 : Alder Sewer Repairs) 00084410.1 STATE SUPPLEMENTARY GENERAL CONDITIONS 00820H-5 bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation, of such trench or trenches. If such plan varies from the shoring system standards established by the Construction Safety Orders of the Division of Industrial Safety, the plan shall be prepared by a registered civil or structural engineer employed by the CONTRACTOR, and all costs therefore shall be inducted in the price named in the Agreement for completion of the WORK as set forth in the Contract Documents. Nothing in this section shall be deemed to allow the use of a shoring, sloping, or other protective system less effective than that required by the Construction Safety Orders.
Nothing in this section shall be construed to impose tort liability on the OWNER, the CONSTRUCTION MANAGER, the DESIGN CONSULTANT or any of their officers, Agents, representatives, or employees.
14. Travel and Subsistence Pay:
a) As required by California Labor Code § 1773.1, the CONTRACTOR shall pay travel and subsistence payments to each worker needed to execute the WORK, as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with this section.
b) To establish such travel and subsistence payments, the representative of any craft, classification or type of worker needed to execute the Agreement shall file with the Department of Industrial Relations fully executed copies of collective bargaining agreements for the particular craft, classification or type of work involved. Such agreements shall be filed within ten (10) Days after their execution and thereafter shall establish such travel and subsistence payments whenever filed thirty (30) Days prior to the call for Bids.
15. Removal, Relocation, or Protection to Existing Utilities:
a) In accordance with the provisions of California Government Code §4215, any contract to which a public City as defined in Government Code §4401 is a party, the public City shall assume the responsibility, between the parties to the Agreement, for the timely removal, relocation, or protection of existing main or trunkline utility facilities located on the site of any construction project that is a subject of the Agreement, if such utilities are not identified by the public City in the plans and Specifications made a part of the invitation for Bids. The City will compensate the CONTRACTOR for the costs of locating, repairing damage not due to the failure of the CONTRACTOR to exercise reasonable care, and removing or relocating such utility facilities not indicated in the plans and Specifications with reasonable accuracy and for equipment on the Project necessarily idled during such work. b) The CONTRACTOR shall not be assessed liquidated damages for delay in completion of the Project, when such delay was caused by the failure of the public City or the owner of the utility to provide for removal or relocation of such utility facilities.
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Packet Pg. 222 Attachment: Bid Book Volume 1 Signed (5295 : Alder Sewer Repairs) 00084410.1 STATE SUPPLEMENTARY GENERAL CONDITIONS 00820H-6 c) Nothing herein shall be deemed to require the public City to indicate the presence of existing service laterals or appurtenances when the presence of such utilities on the site of the
Project can be inferred from the presence of other visible facilities, such as buildings, meter and junction boxes, on or adjacent to the site of construction; provided, however, nothing herein shall relieve the public City from identifying main or trunklines in the plans and Specifications.
d) If the CONTRACTOR while performing the Agreement discovers utility facilities not identified by the public City in the Contract Documents, he shall immediately notify the public City and utility in writing.
e) The public utility, where they are the owner, shall have the sole discretion to perform such repairs or relocation work or permit the CONTRACTOR to do such repairs or relocation work at a reasonable price.
16. CONTRACTOR License Requirements: In accordance with California Business and Professions Code §7028.15, the CONTRACTOR shall not submit a Bid to a public City unless his or her contractor's license number appears clearly on the Bid, and the license expiration date is stated. Any Bid not containing this information, or a Bid containing information which is subsequently proven false, shall he considered nonresponsive and shall be rejected by the public City.
17. Certain Claims: This is replaced by Public Contract Code Section 9204 – see above -END OF CALIFORNIA STATE REQUIREMENTS11.a
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City Council of the City of El Centro Meeting: 04/05/22 11:30 AM 1275 Main Street Department: Finance
El Centro, CA 92243 Category: Resolution
Prepared By: Karla Chaparro
SCHEDULED Department Head: Richard Romero
RESOLUTION (ID # 5452) DOC ID: 5452
Adopt Resolution to initiate the Proceedings for the Levy and collection of assessments for the Town Center Landscaping & Lighting District
CITY MANAGER’S RECOMMENDATION:
Adopt Resolution No. 22- , A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EL CENTRO INITIATING PROCEEDINGS FOR THE LEVY AND COLLECTION OF
ASSESSMENTS FOR THE EL CENTRO TOWN CENTER LANDSCAPING AND LIGHTING DISTRICT FOR FISCAL YEAR 2022-2023 AND ORDERING THE
PREPARATION OF AN ENGINEER'S REPORT IN CONNECTION THEREWITH FISCAL IMPACT:
Will be the first step in determining the coming year’s assessment for The District.
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
Goal # 1 - Financial & Governance Stability & Sustainability DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:
Yes
BACKGROUND:
On an annual basis the El Centro Town Center Landscape and Lighting District determines the levy and collection of assessments needed for the coming year. This is based on an Engineer’s Report for the District. Prior to holding a public meeting on this issue, the items noted in the Resolutions presented to you in this document must be processed
CONCLUSION:
Staff recommends Adoption of Resolution No. 22- , A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF EL CENTRO INITIATING PROCEEDINGS FOR THE
LEVY AND COLLECTION OF ASSESSMENTS FOR THE EL CENTRO TOWN CENTER LANDSCAPING AND LIGHTING DISTRICT FOR FISCAL YEAR 2022-2023
AND ORDERING THE PREPARATION OF AN ENGINEER'S REPORT IN
CONNECTION THEREWITH
12 Packet Pg. 621
Resolution (ID # 5452) Meeting of April 5, 2022
ATTACHMENTS:
• Town Center - Initiating Proceedings for the Levy and Collection of Assessments - April 5, 2022 (PDF) 12 Packet Pg. 622
02/2022/liz/A22-0045/Reso/TownCenter/InitProceedings 1
RESOLUTION NO. 22 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EL CENTRO INITIATING PROCEEDINGS FOR THE LEVY
AND COLLECTION OF ASSESSMENTS FOR THE EL
CENTRO TOWN CENTER LANDSCAPING AND LIGHTING
DISTRICT FOR FISCAL YEAR 2022-2023 AND ORDERING
THE PREPARATION OF AN ENGINEER’S REPORT IN
CONNECTION THEREWITH
WHEREAS, the City Council of the City of El Centro, California (“the City Council”), pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California beginning with Section 22500 (“the Act”), desires to levy and collect annual assessments for the Town Center Landscaping and Lighting District (“the District”) to pay for the operation, maintenance and servicing of the landscaping improvements and all appurtenant facilities related thereto. The Act provides for the levy of such assessments by the County on behalf of the City pursuant to Chapter 4, Article 2; and WHEREAS, the District and the associated assessments are in compliance with the provisions of California Constitution Article XIIID; and WHEREAS, the City Council has retained Willdan Financial Services as the engineer for the purpose of assisting with the annual levy of the District and to prepare and file an engineer’s report with the City Clerk in accordance with the Act.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS:
1. That the above recitals are true and correct.
2. That the City Council hereby proposes to levy and collect assessments against the lots and parcels of land within the District to pay for the costs and expenses of the improvements described in section 3 hereof for the fiscal year commencing July 1, 2022 and ending June 30, 2023, pursuant to the Landscaping and Lighting Act of 1972, being Part 2 of Division 15 of the Streets and Highways Code (the “Act”) and as provided by Article XII D of the California Constitution.
3. That the general location and boundaries of the District are shown on maps on file in the office of the City Clerk, are incorporated herein by reference, and open to public inspection.
4. That the proposed improvements may be briefly described as follows: the operation, maintenance and servicing of street lighting, turf, ground cover, shrubs, trees, plants, irrigation and drainage systems, ornamental lighting structures, masonry walls or other fencing, entryway monuments, street lighting and associated appurtenant facilities located within the streetscape (and perimeter
12.a
Packet Pg. 623 Attachment: Town Center - Initiating Proceedings for the Levy and Collection of Assessments - April 5, 2022 (5452 : Adopt Resolution to Initiate 02/2022/liz/A22-0045/Reso/TownCenter/InitProceedings 2
landscaping) surrounding the developments. Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of the street lighting, ornamental structures, landscaping and appurtenant facilities, including repair, removal or replacement of all or part of any of the street lighting, ornamental structures, landscaping or appurtenant facilities. Servicing means the furnishing of electricity for the street lighting and operation of the ornamental structures, landscaping, and appurtenant facilities, and water for the irrigation and control of the landscaping and the maintenance of any of the ornamental structures, landscaping, lighting and appurtenant facilities.
5. That the City Council hereby designates Willdan Financial Services as the Engineer for the purposes of these proceedings and orders the engineer to prepare and file with the City Clerk a written report in accordance with Article XIIID, Section 4 of the California Constitution and Article 4 (commencing with Section 22565) of Chapter 1 of the Act for Fiscal Year 2022-2023 commencing July 1, 2022 and ending June 30, 2023. Such report shall refer to the District by its distinctive designation.
6. That lots or parcels within the District that are owned or used by any county, city, city and county, special district or any other local or regional governmental entity, the State of California or the United States shall be assessed unless the City demonstrates by clear and convincing evidence that such lots or parcels receive no special benefit from the proposed improvements.
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
12.a
Packet Pg. 624 Attachment: Town Center - Initiating Proceedings for the Levy and Collection of Assessments - April 5, 2022 (5452 : Adopt Resolution to Initiate 02/2022/liz/A22-0045/Reso/TownCenter/InitProceedings 3
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
12.a
Packet Pg. 625 Attachment: Town Center - Initiating Proceedings for the Levy and Collection of Assessments - April 5, 2022 (5452 : Adopt Resolution to Initiate City Council of the City of El Centro Meeting: 04/05/22 11:30 AM 1275 Main Street Department: Finance
El Centro, CA 92243 Category: Resolution
Prepared By: Karla Chaparro
SCHEDULED Department Head: Richard Romero
RESOLUTION (ID # 5451) DOC ID: 5451
Adopt Resolution for Preliminary Approval of the Engineer's Annual Levy Report regarding the Town Center Landscape & Lighting District
CITY MANAGER’S RECOMMENDATION:
Adopt Resolution No. 22- , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EL CENTRO, FOR PRELIMINARY APPROVAL OF THE ENGINEER'S ANNUAL LEVY
REPORT REGARDING THE EL CENTRO TOWN CENTER LANDSCAPING AND LIGHTING DISTRICT; AND THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2022-2023
FISCAL IMPACT:
Will be the first step in determining the coming year’s assessment for The District.
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
Goal # 1 - Financial & Governance Stability & Sustainability DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:
Yes
BACKGROUND:
On an annual basis the El Centro Town Center Landscape and Lighting District determines the levy and collection of assessments needed for the coming year. This is based on an Engineer’s Report for the District. Prior to holding a public meeting on this issue, the items noted in the Resolutions presented to you in this document must be processed
CONCLUSION:
Staff recommends adoption of Resolution No. 22- , RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF EL CENTRO, FOR PRELIMINARY APPROVAL OF THE
ENGINEER'S ANNUAL LEVY REPORT REGARDING THE EL CENTRO TOWN CENTER LANDSCAPING AND LIGHTING DISTRICT; AND THE LEVY AND
COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2022-2023
13 Packet Pg. 626
Resolution (ID # 5451) Meeting of April 5, 2022
ATTACHMENTS:
• Town Center - Preliminary Approval of the Engineer's Annual Levy Report - April 5, 2022 (PDF) • 2022-2023 Engineer's Report - Town Center (PDF)
13 Packet Pg. 627
02/2022/liz/A22-0045/Reso/TownCenter/EngReport 1
RESOLUTION NO. 22-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL
CENTRO, FOR PRELIMINARY APPROVAL OF THE
ENGINEER’S ANNUAL LEVY REPORT REGARDING THE EL
CENTRO TOWN CENTER LANDSCAPING AND LIGHTING
DISTRICT; AND THE LEVY AND COLLECTION OF ANNUAL
ASSESSMENTS RELATED THERETO FOR FISCAL YEAR
2022-2023
WHEREAS, the City Council for the City of El Centro, California (“the City Council”) has, by previous resolution, ordered the preparation of an engineer’s report (“the Report”) regarding the assessment district designated as the Town Center Landscaping and Lighting District (“the District”), and the levy and collection of assessments related thereto for Fiscal Year 2022- 2023, pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (“the Act”); and WHEREAS, there has now been presented to this City Council the Report as required by Chapter 3, Section 22623 of the Act; and
WHEREAS, the City Council has carefully examined and reviewed the Report as presented and is preliminarily satisfied with the District, the improvements described therein and each of the budget items and documents as set forth therein and is satisfied that the proposed annual assessments, on a preliminary basis, have been assigned in accordance with the special benefits received from the improvements, operation, administration, maintenance and services to be performed within the District, as set forth in the Report.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
1. That the above recitals are true and correct.
2. That the Report as presented consists of the following:
A description of improvements;
A diagram of the District;
The proposed annual budget for the fiscal year (costs and expenses); The method of apportionment that details the method of calculating each parcel’s proportional special benefits and annual assessment; and The District roll containing the levy for each assessor parcel number within the District commencing Fiscal Year 2022-2023.
13.a
Packet Pg. 628 Attachment: Town Center - Preliminary Approval of the Engineer's Annual Levy Report - April 5, 2022 (5451 : Adopt Resolution for Preliminary 02/2022/liz/A22-0045/Reso/TownCenter/EngReport 2
3. That the District and the associated assessments as outlined in the Engineer’s Report are in compliance with the provisions of California Constitution Article XIIID.
4. That the Report is hereby approved on a preliminary basis, and ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection.
5. That the City Clerk shall certify to the passage and adoption of this resolution, and the minutes of this meeting shall so reflect the presentation of the Report.
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 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
13.a
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13.b
Packet Pg. 654 Attachment: 2022-2023 Engineer's Report - Town Center (5451 : Adopt Resolution for Preliminary Approval of the Engineer's Annual Levy 7RZQ&HQWHU//' 3DJHRI
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13.b
Packet Pg. 655 Attachment: 2022-2023 Engineer's Report - Town Center (5451 : Adopt Resolution for Preliminary Approval of the Engineer's Annual Levy 7RZQ&HQWHU//' 3DJHRI
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13.b
Packet Pg. 656 Attachment: 2022-2023 Engineer's Report - Town Center (5451 : Adopt Resolution for Preliminary Approval of the Engineer's Annual Levy 7RZQ&HQWHU//' 3DJHRI
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13.b
Packet Pg. 657 Attachment: 2022-2023 Engineer's Report - Town Center (5451 : Adopt Resolution for Preliminary Approval of the Engineer's Annual Levy APN Situs Address Zone EBU Applied Rate Max Tax Charge
044-620-008-000 NO SITUS AVAILABLE 1 1.38 $44.64 $69.25 $61.60 044-620-009-000 2299 N IMPERIAL AVE 1 3.68 $44.64 184.66 164.26 044-620-017-000 NO SITUS AVAILABLE 1 1.30 $44.64 65.23 58.02 044-620-018-000 225 ACAPULCO 1 42.44 $44.64 2,129.64 1,894.52 044-620-020-000 2101 N IMPERIAL AVE 1 5.52 $44.64 276.99 246.40 044-620-022-000 NO SITUS AVAILABLE 1 43.32 $44.64 2,173.80 1,933.80 044-620-023-000 NO SITUS AVAILABLE 1 2.68 $44.64 134.48 119.62 044-620-026-000 3001 N IMPERIAL AVE 1 8.29 $44.64 416.09 370.14 044-620-027-000 3049&3051 N IMPERIAL AVE 1 5.08 $44.64 255.12 226.94 044-620-028-000 3063 N IMPERIAL AVE 1 0.76 $44.64 37.99 33.78 044-620-029-000 3065 N IMPERIAL AVE 1 0.75 $44.64 37.38 33.24 044-620-030-000 3077 N IMPERIAL AVE 1 0.89 $44.64 44.66 39.72 044-620-031-000 3095 N IMPERIAL AVE 1 7.04 $44.64 353.27 314.26 044-620-032-000 3091 N IMPERIAL AVE 1 8.02 $44.64 402.64 358.18 044-620-033-000 3067 N IMPERIAL AVE 1 4.38 $44.64 219.64 195.38 044-620-034-000 3053 N IMPERIAL AVE 1 5.57 $44.64 279.35 248.50 044-620-035-000 3021 N IMPERIAL AVE 1 2.42 $44.64 121.23 107.84 044-620-036-000 3025 N IMPERIAL AVE 1 2.94 $44.64 147.53 131.24 044-620-037-000 3037 N IMPERIAL AVE 2 0.98 $93.64 123.21 91.94 044-620-038-000 3039 N IMPERIAL AVE 2 0.94 $93.64 117.69 87.82 044-620-039-000 3041 N IMPERIAL AVE 2 0.91 $93.64 114.30 85.30 044-620-040-000 3043 N IMPERIAL AVE 2 1.01 $93.64 126.60 94.48 044-620-041-000 3081 N IMPERIAL AVE 2 2.91 $93.64 364.49 272.02 044-620-046-000 NO SITUS AVAILABLE 4 34.36 $188.20 6,466.55 6,466.54 044-620-047-000 NO SITUS AVAILABLE 4 21.44 $188.20 4,035.01 4,035.00 044-620-048-000 NO SITUS AVAILABLE 4 18.28 $188.20 3,440.30 3,440.28 044-620-050-000 NO SITUS AVAILABLE 4 4.16 $188.20 782.91 782.90 044-620-053-000 NO SITUS AVAILABLE 2 23.99 $93.64 3,010.03 2,246.42 044-620-054-000 NO SITUS AVAILABLE 1 2.96 $44.64 148.53 132.12 044-620-055-000 NO SITUS AVAILABLE 1 4.00 $44.64 200.72 178.56 044-620-056-000 NO SITUS AVAILABLE 3 11.59 $100.74 1,396.02 1,167.56 044-620-057-000 NO SITUS AVAILABLE 3 7.74 $100.74 932.28 779.72 Total 281.72 $28,607.60 $26,398.10
Parcels 32
City of El Centro
Town Center Landscaping and Lighting Assessment
Preliminary Assessment Roll
Fiscal Year 2022/23
Willdan Financial Services Page 1 of 1
13.b
Packet Pg. 658 Attachment: 2022-2023 Engineer's Report - Town Center (5451 : Adopt Resolution for Preliminary Approval of the Engineer's Annual Levy City Council of the City of El Centro Meeting: 04/05/22 11:30 AM 1275 Main Street Department: Finance
El Centro, CA 92243 Category: Resolution
Prepared By: Karla Chaparro
SCHEDULED Department Head: Richard Romero
RESOLUTION (ID # 5450) DOC ID: 5450
Adopt Resolution Declaring its Intention to Levy and Collect Annual Assessments Related to the Town Center Landscape & Lighting District
CITY MANAGER’S RECOMMENDATION:
Adopt Resolution No. 22- , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EL CENTRO DECLARING ITS INTENTION TO LEVY AND COLLECT ANNUAL
ASSESSMENTS RELATED TO THE EL CENTRO TOWN CENTER LANDSCAPING AND LIGHTING DISTRICT FOR FISCAL YEAR 2022-2023
FISCAL IMPACT:
Will be the first step in determining the coming year’s assessment for The District.
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
Goal # 1 - Financial & Governance Stability & Sustainability DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:
Yes
BACKGROUND:
On an annual basis the El Centro Town Center Landscape and Lighting District determines the levy and collection of assessments needed for the coming year. This is based on an Engineer’s Report for the District. Prior to holding a public meeting on this issue, the items noted in the Resolutions presented to you in this document must be processed
CONCLUSION:
Staff recommends Adopting Resolution No. 22- , RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF EL CENTRO DECLARING ITS INTENTION TO LEVY
AND COLLECT ANNUAL ASSESSMENTS RELATED TO THE EL CENTRO TOWN CENTER LANDSCAPING AND LIGHTING DISTRICT FOR FISCAL YEAR 2022-2023 ATTACHMENTS:
• Town Center - Declaring its Intention to Levy and Collect Annual Assessments - April 5, 2022 (PDF) 14 Packet Pg. 659
02/2022/liz/A22-0045/Reso/TownCenter/IntentMtg 1
RESOLUTION NO. 22-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL
CENTRO DECLARING ITS INTENTION TO LEVY AND
COLLECT ANNUAL ASSESSMENTS RELATED TO THE EL
CENTRO TOWN CENTER LANDSCAPING AND LIGHTING
DISTRICT FOR FISCAL YEAR 2022-2023
WHEREAS, the City Council of the City of El Centro, California (“the City Council”), pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (“the Act”) and by previous resolution, initiated proceedings for the Town Center Landscaping and Lighting District (“the District”) to levy and collect annual assessments to pay for the operation, maintenance and servicing of landscaping, lighting and all appurtenant facilities related thereto for Fiscal Year 2022- 2023; and
WHEREAS, the City Council desires to levy and collect the annual assessments against lots and parcels of land within the District to pay the cost and expenses related to the improvements described in section 4 of this resolution; and
WHEREAS, the Engineer selected by the City Council has prepared and filed with the City Clerk for the City of El Centro, California (“the City”) a report in connection with the District and levy of assessments for Fiscal Year 2022-2023 (beginning July 1, 2022 and ending June 30, 2023) in accordance with Chapter 1, Article 4 of the Act, and the Council did, by previous resolution, preliminarily approve the report.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA DOES HEREBY BE RESOLVE AS FOLLOWS:
1. That the above recitals are true and correct.
2. That the City Council hereby declares that it is its intention to seek the annual levy of the District in accordance with Chapter 3, Section 22624 of the Act over and including the land within the District boundary, and to levy and collect assessments on all such land to pay the costs of the maintenance and servicing of the landscaping improvements and all appurtenant facilities and operations related thereto for Fiscal Year 2022-2023. The territory included within the District is generally described in section 3 of this resolution and is designated as Town Center Landscaping and Lighting District.
3. That the boundaries of the District are located on east of State Highway 86 (Imperial Avenue), west of 8th Street, north of Bradshaw Avenue and generally south of Treshill.
4. That the landscaping improvements may include, but are not limited to all landscaping material and facilities within the District. These improvements include turf, ground cover, shrubs, trees, plants, irrigation and drainage systems, ornamental lighting structures, masonry walls or other fencing, entryway monuments, and associated
14.a
Packet Pg. 660 Attachment: Town Center - Declaring its Intention to Levy and Collect Annual Assessments - April 5, 2022 (5450 : Adopt Resolution Declaring 02/2022/liz/A22-0045/Reso/TownCenter/IntentMtg 2
appurtenant facilities located within the streetscape (and perimeter landscaping) surrounding the developments. The street lighting improvements may include but are not limited to electrical energy, lighting fixtures, poles, meters, conduits, electrical cable and associated appurtenant facilities. For specific improvements reference Fiscal Year 2022-2023 engineer’s report.
5. That the proposed assessments for the District are outlined in the engineer’s annual levy report. The report details the proposed assessments necessary to provide for the annual operation, administration, services and maintenance of the improvements described in section 4 of this resolution and by reference said report is made part of this resolution.
6. That the District and the associated assessments as outlined in the engineer’s report are in compliance with the provisions of California Constitution Article XIIID.
7. That the City Council hereby declares its intention to conduct a public hearing concerning the District and the levy of assessments for the improvements related thereto in accordance with Chapter 3, Section 22626 of the Act.
8. That the notice is hereby given that a public hearing on these matters will be held by the City Council on Tuesday, May 17, 2022 at 6:00 p.m. or as soon thereafter as feasible in the regular meeting chambers of the City Council located at 1275 Main Street, El Centro, California.
9. That the City Clerk shall cause notice to be given of the time and place of the public hearing by causing the publishing of this resolution once in the local paper not less than ten (10) days before the date of the hearing and by posting a copy of this resolution on the official bulletin board customarily used by the City Council for the posting of notices.
10. That any interested person may file a written protest with the City Clerk prior to the conclusion of the hearing, or having previously filed protest, may file a written withdrawal of that protest. A written protest shall state all grounds of objection and a protest by a property owner shall contain a description sufficient to identify the property owned by such property owner. At the public hearing, all interested persons shall be afforded the opportunity to hear and be heard.
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
14.a
Packet Pg. 661 Attachment: Town Center - Declaring its Intention to Levy and Collect Annual Assessments - April 5, 2022 (5450 : Adopt Resolution Declaring 02/2022/liz/A22-0045/Reso/TownCenter/IntentMtg 3
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
14.a
Packet Pg. 662 Attachment: Town Center - Declaring its Intention to Levy and Collect Annual Assessments - April 5, 2022 (5450 : Adopt Resolution Declaring City Council of the City of El Centro Meeting: 04/05/22 11:30 AM 1275 Main Street Department: Finance
El Centro, CA 92243 Category: Resolution
Prepared By: Karla Chaparro
SCHEDULED Department Head: Richard Romero
RESOLUTION (ID # 5449) DOC ID: 5449
Adopt Resolution to Initiate the Proceedings for the Levy and Collection of Assessments for the Legacy Ranch
Landscaping & Lighting District
CITY MANAGER’S RECOMMENDATION:
Adopt Resolution 22- , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EL CENTRO INITIATING PROCEEDINGS FOR THE LEVY AND COLLECTION OF
ASSESSMENTS FOR THE EL CENTRO LEGACY RANCH LANDSCAPING AND LIGHTING DISTRICT, FOR FISCAL YEAR 2022-2023; AND ORDERING THE
PREPARATION OF AN ENGINEER'S REPORT IN CONNECTION THEREWITH FISCAL IMPACT:
Will be the first step in determining the coming year’s assessment for The District.
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
Goal # 1 - Financial & Governance Stability & Sustainability DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:
Yes
BACKGROUND:
On an annual basis the El Centro Legacy Ranch Landscape and Lighting District determines the levy and collection of assessments needed for the coming year. This is based on an Engineer’s Report for the District. Prior to holding a public meeting on this issue, the items noted in the Resolutions presented to you in this document must be processed.
CONCLUSION:
Staff recommends Adopting Resolution 22- , A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF EL CENTRO INITIATING PROCEEDINGS FOR THE
LEVY AND COLLECTION OF ASSESSMENTS FOR THE EL CENTRO LEGACY RANCH LANDSCAPING AND LIGHTING DISTRICT FOR FISCAL YEAR 2022-2023;
AND ORDERING THE PREPARATION OF AN ENGINEER'S REPORT IN
CONNECTION THEREWITH
ATTACHMENTS:
• Legacy - Initiating Proceedings for the Levy and Collection of Assessments - April 5, 2022 (PDF) 15 Packet Pg. 663
02/2022/A22-0044/Reso/LegacyRanchLLD/InitProceedings 1
RESOLUTION NO. 22 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL
CENTRO INITIATING PROCEEDINGS FOR THE LEVY AND
COLLECTION OF ASSESSMENTS FOR THE EL CENTRO
LEGACY RANCH LANDSCAPING AND LIGHTING DISTRICT,
FOR FISCAL YEAR 2022-2023; AND ORDERING THE
PREPARATION OF AN ENGINEER’S REPORT IN
CONNECTION THEREWITH
WHEREAS, the City Council of the City of El Centro, California (“the City Council”), pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (“the Act”), desires to levy and collect annual assessments for the Legacy Ranch Landscaping and Lighting District (“the District”) to pay for the operation, maintenance and servicing of the landscaping improvements and all appurtenant facilities related thereto. The Act provides for the levy of such assessments by the County of Imperial on behalf of the City of El Centro, California (“the City”) pursuant to Chapter 4, Article 2; and WHEREAS, the District and the associated assessments are in compliance with the provisions of California Constitution Article XIIID, and WHEREAS, the City Council has retained Willdan Financial Services as the Engineer for the purpose of assisting with the annual levy of the District, and to prepare and file an Engineer’s Report with the City Clerk in accordance with the Act.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS:
1. The City Council hereby proposes to levy and collect assessments against the lots and parcels of land within such District to pay for the costs and expenses of the improvements described in Section 3 hereof for the fiscal year commencing July 1, 2022, and ending June 30, 2023, pursuant to the Act and as provided by Article XIII D of the California Constitution.
2. The general location and boundaries of the District are shown on maps on file in the office of the City’s City Clerk, are incorporated herein by reference, and open to public inspection.
3. The proposed improvements may be briefly described as follows: the operation, maintenance and servicing of street lighting, turf, ground cover, shrubs, trees, plants, irrigation and drainage systems, ornamental lighting structures, masonry walls or other fencing, entryway monuments, street lighting and associated appurtenant facilities located within the streetscape (and perimeter landscaping) surrounding the
15.a
Packet Pg. 664 Attachment: Legacy - Initiating Proceedings for the Levy and Collection of Assessments - April 5, 2022 (5449 : Adopt Resolution to Initiate the 02/2022/A22-0044/Reso/LegacyRanchLLD/InitProceedings 2
developments. Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of the street lighting, ornamental structures, landscaping and appurtenant facilities, including repair, removal or replacement of all or part of any of the street lighting, ornamental structures, landscaping or appurtenant facilities. Servicing means the furnishing of electricity for the street lighting and operation of the ornamental structures, landscaping, and appurtenant facilities, and water for the irrigation and control of the landscaping and the maintenance of any of the ornamental structures, landscaping, lighting and appurtenant facilities.
4. The City Council hereby designates Willdan Financial Services as the Engineer for the purposes of these proceedings and orders the Engineer to prepare and file with the City Clerk a written report in accordance with Article XIII D, Section 4 of the California Constitution and Article 4 (commencing with Section 22565) of Chapter 1 of the Act for fiscal year 2022-2023 commencing July 1, 2022, and ending June 30, 2023.
Such Report shall refer to the District by its distinctive designation.
5. Lots or parcels within the District that are owned or used by any county, city, city and county, special district or any other local or regional governmental entity, the State of California or the United States shall be assessed unless the City demonstrates by clear and convincing evidence that such lots or parcels receive no special benefit from the proposed improvements.
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
15.a
Packet Pg. 665 Attachment: Legacy - Initiating Proceedings for the Levy and Collection of Assessments - April 5, 2022 (5449 : Adopt Resolution to Initiate the 02/2022/A22-0044/Reso/LegacyRanchLLD/InitProceedings 3
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:
15.a
Packet Pg. 666 Attachment: Legacy - Initiating Proceedings for the Levy and Collection of Assessments - April 5, 2022 (5449 : Adopt Resolution to Initiate the City Council of the City of El Centro Meeting: 04/05/22 11:30 AM 1275 Main Street Department: Finance
El Centro, CA 92243 Category: Resolution
Prepared By: Karla Chaparro
SCHEDULED Department Head: Richard Romero
RESOLUTION (ID # 5448) DOC ID: 5448
Adopt Resolution for Preliminary Approval of the Engineer's Annual Levy Report regarding the Legacy Ranch
Landscaping & Lighting District
CITY MANAGER’S RECOMMENDATION:
Adopt Resolution 22- , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EL CENTRO FOR PRELIMINARY APPROVAL OF THE ENGINEER'S ANNUAL LEVY
REPORT REGARDING THE EL CENTRO LEGACY RANCH LANDSCAPING AND LIGHTING DISTRICT; AND THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2022-2023
FISCAL IMPACT:
Will be the first step in determining the coming year’s assessment for The District.
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
Goal # 1 - Financial & Governance Stability & Sustainability DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:
Yes
BACKGROUND:
On an annual basis the El Centro Legacy Ranch Landscape and Lighting District determines the levy and collection of assessments needed for the coming year. This is based on an Engineer’s Report for the District. Prior to holding a public meeting on this issue, the items noted in the Resolutions presented to you in this document must be processed
CONCLUSION:
Staff recommends Adopting Resolution 22- , A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF EL CENTRO FOR PRELIMINARY APPROVAL OF THE
ENGINEER'S ANNUAL LEVY REPORT REGARDING THE EL CENTRO LEGACY RANCH LANDSCAPING AND LIGHTING DISTRICT; AND THE LEVY AND
COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2022-2023
ATTACHMENTS:
• Legacy - Preliminary Approval of the Engineer's Annual Levy Report - April 5, 2022 (PDF) • 2022-2023 Engineer's Report - Legacy Ranch (PDF)
16 Packet Pg. 667
02/2022/liz/A22-0044/Reso/LegacyRanchLLD/EngReport 1
RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO FOR PRELIMINARY APPROVAL OF THE ENGINEER’S ANNUAL LEVY
REPORT REGARDING THE EL CENTRO LEGACY RANCH LANDSCAPING AND LIGHTING DISTRICT; AND THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2022-2023
WHEREAS, the City Council of the City of El Centro, California (“the City Council”) has, by previous resolution, ordered the preparation of an Engineer’s report (“the Report”) regarding the assessment district designated as the Legacy Ranch Landscaping and Lighting District (“the District”), and the levy and collection of assessments related thereto for Fiscal Year 2022-2023, pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (“the Act”); and
WHEREAS, there has now been presented to this City Council the Report as required by Chapter 3, Section 22623 of said Act; and
WHEREAS, the City Council has carefully examined and reviewed the Report as presented, and is preliminarily satisfied with the District, the improvements described therein, each of the budget items and documents as set forth therein, and is satisfied that the proposed annual assessments, on a preliminary basis, have been assigned in accordance with the special benefits received from the improvements, operation, administration, maintenance and services to be performed within the District, as set forth in the Report.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS:
1. The preceding recitals are true and correct.
2. The Report, as presented, consists of the following:
• A Description of Improvements.
• A Diagram of the District.
• The proposed Annual Budget for the fiscal year (Costs and Expenses). • The Method of Apportionment that details the method of calculating each parcel’s proportional special benefits and annual assessment.
• The District Roll containing the Levy for each Assessor Parcel Number within the District commencing Fiscal Year 2022-2023.
3. The District and the associated assessments as outlined in the Engineer’s Report are in compliance with the provisions of California Constitution Article XIIID.
4. The Report is hereby approved on a preliminary basis, and ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection.
16.a
Packet Pg. 668 Attachment: Legacy - Preliminary Approval of the Engineer's Annual Levy Report - April 5, 2022 (5448 : Adopt Resolution for Preliminary 02/2022/liz/A22-0044/Reso/LegacyRanchLLD/EngReport 2
5. The City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the presentation of the Report.
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 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:
16.a
Packet Pg. 669 Attachment: Legacy - Preliminary Approval of the Engineer's Annual Levy Report - April 5, 2022 (5448 : Adopt Resolution for Preliminary &LW\RI(O&HQWUR
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16.b
Packet Pg. 670 Attachment: 2022-2023 Engineer's Report - Legacy Ranch (5448 : Adopt Resolution for Preliminary Approval of the Engineer's Annual Levy (1*,1((5
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:LOOGDQ)LQDQFLDO6HUYLFHV 3DJHRI
16.b
Packet Pg. 694 Attachment: 2022-2023 Engineer's Report - Legacy Ranch (5448 : Adopt Resolution for Preliminary Approval of the Engineer's Annual Levy $31 6LWXV $GGUHVV /DQG8VH (%8 0D[7D[ &KDUJH
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/HJDF\5DQFK/DQGVFDSLQJDQG/LJKWLQJ$VVHVVPHQW
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)LVFDO<HDU
&+$5/(6(/025('5 6)5
&+$5/(6(/025('5 6)5
&+$5/(6(/025('5 6)5
&+$5/(6(/025('5 6)5
&+$5/(6(/025('5 6)5
&+$5/(6(/025('5 6)5
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&+$5/(6(/025('5 6)5
&+$5/(6(/025('5 6)5
58%(57)5$1.6'5 6)5
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58%(57)5$1.6'5 6)5
-2+19,&.(56&7 6)5
-2+19,&.(56&7 6)5
-2+19,&.(56&7 6)5
-2+19,&.(56&7 6)5
-2+19,&.(56&7 6)5
-2+19,&.(56&7 6)5
-2+19,&.(56&7 6)5
-2+19,&.(56&7 6)5
-2+19,&.(56&7 6)5
$57+85+(11(6$<&7 6)5
$57+85+(11(6$<&7 6)5
$57+85+(11(6$<&7 6)5
$57+85+(11(6$<&7 6)5
$57+85+(11(6$<&7 6)5
$57+85+(11(6$<&7 6)5
3$8/52%,1621&7 6)5
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3$8/52%,1621&7 6)5
3$8/52%,1621&7 6)5
3$8/52%,1621&7 6)5
3$8/52%,1621&7 6)5
$57+85+(11(6$<&7 6)5
$57+85+(11(6$<&7 6)5
$57+85+(11(6$<&7 6)5
$57+85+(11(6$<&7 6)5
$57+85+(11(6$<&7 6)5
:LOOGDQ)LQDQFLDO6HUYLFHV 3DJHRI
16.b
Packet Pg. 695 Attachment: 2022-2023 Engineer's Report - Legacy Ranch (5448 : Adopt Resolution for Preliminary Approval of the Engineer's Annual Levy $31 6LWXV $GGUHVV /DQG8VH (%8 0D[7D[ &KDUJH
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)LVFDO<HDU