AGENDA
CITY OF EL CENTRO
CITY COUNCIL
TUESDAY, APRIL 18, 2023
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. 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 18, 2023.
COUNCIL MEMBERS, STAFF AND THE PUBLIC MAY ATTEND VIA ZOOM.
To participate and make a public comment in person, via Zoom or telephone, please raise your hand, speak up and introduce yourself.
Join Zoom Meeting:
https://us06web.zoom.us/j/81362826844?pwd=R0tmYUFNVkRxek5TWmg2Vi8xMURCdz09 Optional dial-in number: 1 (669) 444-9171
Meeting ID: 813 6282 6844 Passcode: 984991
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: Martha Cardenas-Singh Interim City Manager: Cedric Ceseña Mayor Pro-Tem: Sylvia Marroquin City Attorney: Elizabeth Martyn Evans Council Members: Edgard Garcia City Clerk: Norma Wyles
Tomás Oliva
Sonia Carter
11:30 A.M CLOSED SESSION - CONFERENCE ROOM "A"
ROLL CALL (Open Session)
CLOSED SESSION PUBLIC COMMENT:
Any member of the public wishing to address the City Council on any matter appearing on the closed session may do so at this time. Unless the Mayor extends the time limit, remarks shall be limited to three (3) minutes. Additional opportunities for Public Comments will be given during and at the end of the meeting.
Agenda City Council of the City of El Centro April 18, 2023 City of El Centro Page 2
CITY COUNCIL ADJOURNS INTO CLOSED SESSION
CITY COUNCIL CLOSED SESSION
POSSIBLE LITIGATION
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 that the City will initiate litigation under Govt Code Section 54956.9(d)(2).
PERSONNEL MATTERS
The City Council will recess to closed session pursuant to Government Code Section 54957 to consider the process for appointment of a city manager.
ANTICIPATED LITIGATION
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).
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
Agenda City Council of the City of El Centro April 18, 2023 City of El Centro Page 3
PLEDGE OF ALLEGIANCE
INVOCATION
6:05-6:10 CITY ATTORNEY REPORT ON CLOSED SESSION
6:10-6:25 SCHEDULED PRESENTATIONS
1. Library Appreciation Week - April 24-28, 2023
2. Imperial County Film Commission Annual Report
6:25-6:30 (TIME MAY VARY) PUBLIC COMMENTS
The City Council welcomes your input. At this time, members of the public may address the City Council on any matter not listed on the posted agenda. Pursuant to the Brown Act, no action will be taken on any issue brought forth under Public Comments. We ask that you please complete a “Speaker Slip” and submit it to the City Clerk prior to the start of the meeting. Although you are not required to identify yourself (Gov’t Code §54953.3); this information on the “Speaker Slip” assists the Mayor that all persons wishing to address the Council are recognized and also assists the City Clerk in preparing the City Council meeting minutes. Unless the Mayor extends the time, there is a three (3) minute time limit for each public presentation. * Any information provided on the “Speaker Slip” is voluntary and will be public record. 6:30-6:35 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.
3. Approve Warrant Registers for the Month of March 2023
4. Approve Treasurer's Report for the Month of March 2023
5. Approve Payroll Registers for the Month of March 2023
6. 2nd Reading and Adoption of Ordinance No. 23-01, ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF EL CENTRO AMENDING THE ZONING
MAP OF THE CITY OF EL CENTRO PERTAINING TO CHANGE OF ZONE 17-02, waive reading and adopt by title only.
7. Approve Resolution No. 23- , TERMINATING THE PROCLAMATION OF
LOCAL EMERGENCY IN THE CITY OF EL CENTRO
8. Approve Resolution No. 23- , TERMINATING THE PROCLAMATION AND
RATIFICATION OF A LOCAL STORM EMERGENCY IN THE CITY OF EL CENTRO
9. Approve the plans and specifications for the 2023 Streets Overlay Project and authorize staff to release for public bidding.
Agenda City Council of the City of El Centro April 18, 2023 City of El Centro Page 4
10. Approve Amendment No. 4 to Task Order No. 1 between the City of El Centro and The Holt Group, Inc., for construction services related to the Imperial Avenue Extension Phase I project under The Holt Group Inc. On-Call agreement.
11. Adopt Resolution No. 23- , 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 2023- 2024 AND ORDERING THE PREPARATION OF AN ENGINEER'S REPORT
IN CONNECTION THEREWITH
12. Adopt Resolution No. 23- , 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 2023-2024
13. Adopt Resolution No. 23- , 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 2023-2024
14. Adopt Resolution 23- , 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 2023-2024;
AND ORDERING THE PREPARATION OF AN ENGINEER'S REPORT IN
CONNECTION THEREWITH
15. Adopt Resolution 23- , 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 2023-2024
16. Adopt Resolution 23- , 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 2023-2024
Agenda City Council of the City of El Centro April 18, 2023 City of El Centro Page 5
17. Adopt Resolution No. 23- , 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 2023-2024 AND ORDERING THE PREPARATION OF AN ENGINEER'S
REPORT IN CONNECTION THEREWITH
18. Adopt Resolution No. 23- , 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 2023-2024
19. Adopt Resolution No. 23- , 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 2023-2024
6:35-7:00 PUBLIC HEARINGS
20. Approve and authorize an agreement with Vic's Air Conditioning & Electrical for Energy Conservation Facilities pursuant to California Government Code Section 4217
PRESENTATION: Abraham Campos, PE - Public Works Director/City Engineer RECOMMENDATION:
1. Adopt Resolution No. 23- , RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF EL CENTRO MAKING CERTAIN FINDINGS TO APPROVE A
CONSTRUCTION SERVICES AGREEMENT WITH HOLTVILLE AIR
CONDITIONING & ELECTRICAL, INC., DBA VIC'S AIR CONDITIONING & ELECTRICAL FOR ENERGY CONSERVATION FACILITIES.
2. Approve additional Measure P funding in the amount of $146,590 to supplement existing approved funding for construction costs related to the City Hall energy efficiency upgrades
21. Discussion and necessary action regarding a Substantial Amendment to 2019- 2020 Annual Action Plan for the allocation of Community Development Block Grant - COVID-19 (CDBG-CV) funds to the Restaurant Meals for Seniors Program
PRESENTATION: Adriana Nava, Community Services Director RECOMMENDATION:
Approval of an Amendment to the 2019-2020 Annual Action Plan subject to the 5- day public review period and authorize the Interim City Manager to submit a letter to HUD to request authorization for the amendments.
Agenda City Council of the City of El Centro April 18, 2023 City of El Centro Page 6
7:00-7:30 NEW BUSINESS
22. Approval of Resolution authorizing the City Manager to apply for and manage grants from CalRecycle on behalf of the City of El Centro.
PRESENTATION: Abraham Campos, PE - Public Works Director/City Engineer RECOMMENDATION:
Adopt Resolution No. 23- , RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EL CENTRO AUTHORIZING SUBMITTAL OF APPLICATION(S) FOR ALL
CALRECYCLE GRANT AND PAYMENT PROGRAMS FOR WHICH THE CITY OF EL
CENTRO IS ELIGIBLE
23. Budget Update Presentation - Fiscal Year 2023
PRESENTATION: Karla Chaparro - Director of Finance
RECOMMENDATION:
For Discussion
7:30-7:40 LEGISLATIVE ACTION
24. Letter of Support - AB 918 (Eduardo Garcia) - Imperial Valley Healthcare District
7:40-8:15 TASK FORCE REPORTS AND MAYOR - COUNCIL MEMBER
REPORTS
8:15-8:25 CITY MANAGER REPORT
ADJOURNMENT
Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet will be available for public inspection at the Office of the City Clerk, 1275 Main Street, El Centro, California 92243, Monday-Friday during normal business hours.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, you should contact the office of the City Clerk at (760)337-4515. Notification at least 48 hours prior to the meeting will enable the City to make reasonable arrangement to assure accessibility to this meeting.
City Council of the City of El Centro Meeting: 04/18/23 11:30 AM 1275 Main Street Department: Library
El Centro, CA 92243 Category: Presentation
Prepared By: Elizabeth Zarate
SCHEDULED Department Head: Elizabeth Zarate
PRESENTATION (ID # 5905) DOC ID: 5905
Library Appreciation Week - April 24-28, 2023
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City Council of the City of El Centro Meeting: 04/18/23 11:30 AM 1275 Main Street Department: Community Services
El Centro, CA 92243 Category: Presentation
Prepared By: Stacy Mendoza
SCHEDULED Department Head: Adriana Nava
INFORMATION ITEM (ID # 5879) DOC ID: 5879
Imperial County Film Commission Annual Report
Annual Report to be given by Film Liaison, Charla Teeters, of the Imperial Valley Film Commission.
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City Council of the City of El Centro Meeting: 04/18/23 11:30 AM 1275 Main Street Department: Finance
El Centro, CA 92243 Category: Warrants
Prepared By: Esmeralda Nunez
SCHEDULED Department Head: Karla Chaparro
ACTION ITEM (ID # 5924) DOC ID: 5924
Warrant Registers for March 2023
CITY MANAGER’S RECOMMENDATION:
Approve Warrant Registers for the Month of March 2023
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:
• March 2023 (PDF)
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Attachment: March 2023 (5924 : Warrant Registers - March 2023) City Council of the City of El Centro Meeting: 04/18/23 11:30 AM 1275 Main Street Department: Finance
El Centro, CA 92243 Category: Report
Prepared By: Anthony G. Plancarte
SCHEDULED Department Head: Karla Chaparro
ACTION ITEM (ID # 5936) DOC ID: 5936
Treasurer's Report - March 2023
CITY MANAGER’S RECOMMENDATION:
Approve Treasurer's Report for the Month of March 2023
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 - March 2023 (PDF)
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Attachment: Treasurer's Report - March 2023 (5936 : Treasurer's Report - March 2023) City Council of the City of El Centro Meeting: 04/18/23 11:30 AM 1275 Main Street Department: Finance
El Centro, CA 92243 Category: Informational
Prepared By: Elsa Montoya
SCHEDULED Department Head: Karla Chaparro
ACTION ITEM (ID # 5935) DOC ID: 5935
Approval of Payroll Registers for the Month of March 2023 CITY MANAGER’S RECOMMENDATION:
Approve Payroll Registers for the Month of March 2023
ATTACHMENTS:
• PAYROLL REGISTERS MARCH 2023 (PDF)
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Packet Pg. 102 Attachment: PAYROLL REGISTERS MARCH 2023 (5935 : Payroll Registers for the Month of March 2023) City Council of the City of El Centro Meeting: 04/18/23 11:30 AM 1275 Main Street Department: City Clerk's Office
El Centro, CA 92243 Category: Ordinance
Prepared By: Norma Wyles
SCHEDULED Department Head: Norma Wyles
ORDINANCE (ID # 5927) DOC ID: 5927
2nd Reading and Adoption of Ordinance No. 23-01,
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL
CENTRO AMENDING THE ZONING MAP OF THE CITY OF EL
CENTRO PERTAINING TO CHANGE OF ZONE 17-02, waive
reading and adopt by title only.
CITY MANAGER’S RECOMMENDATION:
2nd Reading and Adoption of Ordinance No. 23-01, ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF EL CENTRO AMENDING THE ZONING MAP OF THE CITY OF EL CENTRO PERTAINING TO CHANGE OF ZONE 17-02, waive reading and adopt by title only.
ATTACHMENTS:
• ORDINANCE NO. 23-01 COZ 17-02 DOGWOOD & VILLA (PDF)
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03/2023/cdz/A23-0051/Ordinance/AmendingZoningMap19-01 1 ORDINANCE NO. 23-01
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL
CENTRO AMENDING THE ZONING MAP OF THE CITY OF EL
CENTRO PERTAINING TO CHANGE OF ZONE 17-02
THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The Zoning Map of the City of El Centro, California is hereby amended to provide:
“The following property which consists of an approximate 320-acre parcel of land, generally located at the southeast corner of Dogwood Avenue and Villa Avenue Drive further identified by APN 044-450-038, is hereby pre-zoned to CG (General Manufacturing)” Section 2. This Amendment shall be given appropriate enumeration in the files of the City Clerk regarding the Zoning Map.
Section 3. This Ordinance shall take effect thirty (30) days from and after its adoption.
Within fifteen (15) days after adoption, it shall be published once in a newspaper, published and circulated within the City of El Centro, California.
INTRODUCED at a regular meeting of the City Council of the City of El Centro, California, held on the 4th day of April, 2023.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of El Centro, California, held on the day of , 2023.
CITY OF EL CENTRO
By
Martha Cardenas-Singh, Mayor
ATTEST:
By
Norma Wyles, City Clerk
APPROVED AS TO FORM:
Office of the City Attorney
By
Elizabeth L. Martyn, City Attorney
6.a
Packet Pg. 104 Attachment: ORDINANCE NO. 23-01 COZ 17-02 DOGWOOD & VILLA (5927 : 2nd Reading and Adoption of Ordinance 23-01- Change of Zone 17- 03/2023/cdz/A23-0051/Ordinance/AmendingZoningMap19-01 2
STATE OF CALIFORNIA )
COUNTY OF IMPERIAL ) ss
CITY OF EL CENTRO )
I, Norma Wyles, City Clerk of the City of El Centro, California, do hereby certify that the foregoing Ordinance No. 23-01 had its first reading on the 4th day of April, 2023, and had its second reading on day of , 2023, and was passed by the following vote:
AYES: Carter, Oliva, Cardenas-Singh, Marroquin, Garcia
NOES: None
ABSENT: None
ABSTAINED: None
AYES:
NOES:
ABSENT:
ABSTAINED:
By
Norma Wyles, City Clerk
6.a
Packet Pg. 105 Attachment: ORDINANCE NO. 23-01 COZ 17-02 DOGWOOD & VILLA (5927 : 2nd Reading and Adoption of Ordinance 23-01- Change of Zone 17- City Council of the City of El Centro Meeting: 04/18/23 11:30 AM 1275 Main Street Department: Public Works
El Centro, CA 92243 Category: Resolution
Prepared By: Catherine Gutierrez
SCHEDULED Department Head: Abraham Campos
RESOLUTION (ID # 5916) DOC ID: 5916
Approve Resolution Terminating Proclamation of Local
Emergency due to Hurricane Kay
CITY MANAGER’S RECOMMENDATION:
Approve Resolution No. 23- TERMINATING THE PROCLAMATION OF LOCAL
EMERGENCY IN THE CITY OF EL CENTRO
FISCAL IMPACT:
No impact to general fund. Project funded by Wastewater Enterprise funds. Expected reimbursement from CalOES for portion of costs to be determined.
Below are known costs to date. Final invoices are yet to be processed. We fully expect to be within prior council authorization.
A&R Contract CCO No.1 $548,373.00 (main work)
Construction Management $ 18,027.23
Landmark $ 12,500.00 (Soils Testing)
ACME $ 14,400.00 (Traffic Control)
Total $593,300.23
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
Goal #2 Environmental Sustainability and Infrastructure DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:
Contractor and construction manager are current with City of El Centro and State registrations.
BACKGROUND:
On September 9, 2022, Tropical Storm Kay bands resulted in rains and damage to critical infrastructure in the City of El Centro.
In a time of disaster, the City's Municipal Code Section 8-29 empowers the City Manager as Director of Emergency Services, the ability to issue a proclamation of emergency for local emergencies as defined in City Municipal Code Section 8-3.
A Proclamation of Emergency was issued on September 21, 2022 through Resolution 22-103 by Council.
On October 4, 2022 City Council approved emergency repair work at the Imperial Avenue @ Euclid Avenue sink hole and authorized up to $750,000 Waste Water Enterprise Fund budget towards repairs through a change order to the existing city contract with A&R Construction for the Alder Sewer Repairs. 7 Packet Pg. 106
Resolution (ID # 5916) Meeting of April 18, 2023
The proclamation was renewed by Council on November 15, 2022, January 17, 2023, and March 16, 2023.
DISCUSSION:
The emergency repairs at Imperial Avenue and Euclid Avenue intersection have been completed and the roadway is fully open. City staff continues to work with CalOES for reimbursement of costs related to this storm. Due to the series of rains throughout the State, we expect a delayed response from CalOES.
CONCLUSION:
Approve Resolution No. 23- TERMINATING THE PROCLAMATION OF LOCAL
EMERGENCY IN THE CITY OF EL CENTRO
ATTACHMENTS:
• Resolution No. 23 - (PDF)
7 Packet Pg. 107
03/2023/cdz/A23-0063/Reso/LocalEmergency
HurricaneKay_Terminates 1
RESOLUTION NO. 23-
TERMINATING THE PROCLAMATION OF LOCAL EMERGENCY IN THE
CITY OF EL CENTRO
WHEREAS, the California Emergency Services Act, including, but not limited to, Government Code Sections 8630 et seq, and Chapter 8, Article 1 empower the City TO proclaim the existence or threatened existence of a local emergency in the City and to terminate such local emergency when the threat ends; and
WHEREAS, a local emergency as defined in City Municipal Code Section 8.2 has existed in the City due to the former Hurricane Kay residual weather system, then Tropical Storm Kay, a storm event which took place on the weekend of September 9, 2022, and which resulted in damage to critical infrastructure including but not limited to the City’s sewer system, roads and other properties; and
WHEREAS, these conditions are or are likely to be beyond the control of the services, personnel, equipment, roads, sewers and facilities, of the City; and WHEREAS, on Wednesday, September 21, 2022, the City Manager proclaimed such emergency and thereafter, on October 4, 2022, pursuant to Resolution No. 22-103, the City Council of the City of El Centro proclaimed a local emergency for the reasons set out above; and WHEREAS, Govt. Code Section 8630(c) provides that the City Council shall review the continuing need for such declaration of emergency every 60 days thereafter until the emergency terminates; and
WHEREAS, the conditions of peril resulting from Hurricane Kay, and specifically but not limited to certain sink holes in or around City facilities, no longer continue within the City and thus such declaration should be terminated.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL CENTRO HEREBY PROCLAIMS AND ORDERS:
1. That the recitals are true and correct and are incorporated herein as though set forth in full.
2. The City Council has reviewed the proclamation of Local Emergency and finds that such emergency no longer exists.
3. That the City Council therefore terminates such local emergency as proclaimed by Resolution 22-103 and thereafter renewed each 60 days.
4. That this Resolution shall take effect immediately upon its adoption.
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Packet Pg. 108 Attachment: Resolution No. 23 - (5916 : Ending Proclamation of Emergency - Hurricane Kay) 03/2023/cdz/A23-0063/Reso/LocalEmergency
HurricaneKay_Terminates 2
PASSED AND ADOPTED at a regular meeting of the City Council of the City of El Centro, California held on the 18th day of April, 2023
CITY OF EL CENTRO
By _____________________
Martha Cardenas-Singh, 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. 23- was duly and regularly adopted at a regular meeting of the City Council of the City of El Centro, California, held on the 18th day of April, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
By__________________________
Norma Wyles, City Clerk
7.a
Packet Pg. 109 Attachment: Resolution No. 23 - (5916 : Ending Proclamation of Emergency - Hurricane Kay) City Council of the City of El Centro Meeting: 04/18/23 11:30 AM 1275 Main Street Department: Public Works
El Centro, CA 92243 Category: Resolution
Prepared By: Catherine Gutierrez
SCHEDULED Department Head: Abraham Campos
RESOLUTION (ID # 5917) DOC ID: 5917
Approve Resolution Terminating Proclamation of Local
Emergency due to Imperial County Storm 10 15 2022
CITY MANAGER’S RECOMMENDATION:
Approve Resolution No. 23- TERMINATING THE PROCLAMATION AND
RATIFICATION OF A LOCAL STORM EMERGENCY IN THE CITY OF EL CENTRO FISCAL IMPACT:
No impact to general fund. Project funded by Wastewater Enterprise funds. Expected reimbursement from CalOES for portion of costs to be determined.
Below are known costs to date. Final invoices are yet to be processed. We fully expect to be within prior council authorization.
A&R Contract CCO No.2 $317,500.00 (main construction)
Construction Management $ 13,198.48
Landmark $ 2,810.00 (soils testing)
ACME $ 10,800.00 (traffic control)
Total $344,308.48
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
Goal #2 Environmental Sustainability and Infrastructure DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:
Contractor and construction manager are current with City of El Centro and State registrations.
BACKGROUND:
The City experienced the Imperial County 10 15 2022 Storm on said October 15th, 2022 resulting in significant flooding through out the city.
On October 18, 2022, City Council ratified a proclamation of emergency for this event.
On October 24, 2022 City staff responded to a sink hole developed near the intersection of Imperial Avenue and Scott Avenue. On October 15, 2022 the City of El Centro WWTP experienced significant additional water flow attributed to the Imperial County 10 15 2022 Storm. .
On November 1, 2022, City Council authorized up to $750,000 in Waste Water Enterprise funds make appropriate repairs.
The Local Emergency Declaration was renewed on December 20, 2022, February 21, 2023 and April 4, 2023.
8 Packet Pg. 110
Resolution (ID # 5917) Meeting of April 18, 2023
DISCUSSION:
The emergency repairs at Imperial Avenue and Scott Avenue intersection have been completed and the roadway is fully open. Final ADA ramp work is being coordinated with Caltrans as a separate project. City staff continues to work with CalOES for reimbursement of costs related to this storm. Due to the series of rains throughout the State, we expect a delayed response from CalOES.
CONCLUSION:
Approve Resolution No. 23- TERMINATING THE PROCLAMATION AND
RATIFICATION OF A LOCAL STORM EMERGENCY IN THE CITY OF EL CENTRO ATTACHMENTS:
• Resolution No. 23 - (PDF)
8 Packet Pg. 111
03/2023/cdz/A23-0064/Reso/LocalEmergencyImperialCounty
Storm Event_Termination 1
RESOLUTION NO. 23-
TERMINATION OF THE PROCLAMATION AND RATIFICATION OF A
LOCAL STORM EMERGENCY IN THE CITY OF EL CENTRO
WHEREAS, the California Emergency Services Act, including, but not limited to, Government Code Sections 8630 et seq, and Chapter 8, Article 1 of the City Municipal Code, provide for the declaration of a local emergency in the City and for termination of that local emergency; and
WHEREAS, a local emergency as defined in City Municipal Code Section 8.2 has existed in the City due to the Imperial County Storm Event 10/15/22 (“Storm Event”) which resulted in water intrusion and damage to critical infrastructure, including, but not limited to the City’s sewer and water and drainage systems, roads and rights of way, power and light poles, as well as public safety facilities and also to the City property and related facilities and equipment at El Centro Regional Medical Center, a separate agency and enterprise operation of the City; and
WHEREAS, on or about October 18, 2022, the City Council ratified the local emergency proclaimed by the City Manager on October 15, 2022, under the authority set out in the City Code based upon the storm events which support the proclamation of the existence of a Local Emergency as defined in City Code Section 8.2 and the advice of the State Office of Emergency Services and thereafter confirmed and continued that local emergency on February 21, 2023; and WHEREAS, the City Council now has been advised by staff that the impacts associated with the Storm Event have ended and therefore that the state of emergency does not need to and should continue within the City of El Centro.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL CENTRO HEREBY PROCLAIMS AND ORDERS:
1. That the recitals are true and correct and are incorporated herein as though set forth in full.
2. The City Council has determined that the Local Emergency should be terminated as of the effective date of this Resolution because the emergency no longer exists.
3. This Resolution is effective immediately upon its adoption.
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Packet Pg. 112 Attachment: Resolution No. 23 - (5917 : Ending Proclamation of Emergency - IC Storm Event) 03/2023/cdz/A23-0064/Reso/LocalEmergencyImperialCounty
Storm Event_Termination 2
PASSED AND ADOPTED at a regular meeting of the City Council of the City of El Centro, California held this 18th day of April 2023.
By _______________________
Martha Cardenas-Singh, 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. 23- was duly and regularly adopted at a regular meeting of the City Council of the City of El Centro, California, held on , 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
By _________________________
Norma Wyles, City Clerk
8.a
Packet Pg. 113 Attachment: Resolution No. 23 - (5917 : Ending Proclamation of Emergency - IC Storm Event) City Council of the City of El Centro Meeting: 04/18/23 11:30 AM 1275 Main Street Department: Engineering Division
El Centro, CA 92243 Category: Authorization
Prepared By: Felix De Leon
SCHEDULED Department Head: Abraham Campos
ACTION ITEM (ID # 5614) DOC ID: 5614
Approval of plans and specifications for the 2023 Streets Overlay Project Plans and Specs
CITY MANAGER’S RECOMMENDATION:
Approve the plans and specifications for the 2023 Streets Overlay Project and authorize staff to release for public bidding.
FISCAL IMPACT:
No Impact to the General Fund.
This project is funded by LTA Funds and SB 1 RMRA funds. Available budget is as follows, which will be updated once bids are received.
LTA Measure D $ 2,100,000
SB1 $ 903,903
CRRSAA (State Funding) $ 154,138
Measure P (Parking Lots ONLY) $ 150,000
Total $ 3,308,041
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
Goal #2 Environmental Sustainability & Infrastructure, Action 2.13 Implement 2015/2016 Pavement Management System Plan which consist of recommended street repair costs to the City's streets network.
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:
N/A
BACKGROUND:
The Engineering Division, with the assistance of the current pavement management system program, StreetSaver, populate recommendations of street repairs, based on type of rehabilitation, maintenance, and their respective costs to those type of repairs.
The recommendations assist the Engineering Division to determine the improvement project within an expected construction budget. The proposed project will continue the effort of implementing a street maintenance improvement effort throughout the City of El Centro.
SB1 was introduced into law in 2017, which is crucial to the continued maintenance of our city streets and helps fund this project. Per resolution 21-46, the City listed the resurfacing of Ross Ave. from 4th St. to 8th.; Eucild Ave. from 4th St. to 5th St. and Eucild Ave. from La Brucherie Ave. to Imperial Ave. to utilize the SB1 RMRA funds.
DISCUSSION:
Engineering Staff has designed in-house the 2023 Streets Overlay Project, resulting in 9 Packet Pg. 114
Action Item (ID # 5614) Meeting of April 18, 2023
design cost savings as compared to contracting out. Staff utilized the pavement management system program, StreetSaver, to investigate local roadways in need of maintenance and resurfacing to prolong the life of the roadway.
Schedule A of the project is a continuation of street maintenance to maintain our local roadways.
Schedule B of the project is funded by SB1 and consists of resurfacing of Ross Ave. from 4th St. to 8th St.; Eucild Ave. from 4th St. to 5th St.; and Eucild Ave. from La Brucherie Ave. to Imperial Ave.
Schedule C of the project is funded by Measure P and consists of a resurface of parking lots at City Hall and one parking lot at Bucklin Park.
Below is a tentative Schedule for this project:
Schedule:
Approval of Plans and Specs April 18, 2023
Advertise Project April 28, 2023
Pre-Bid Meeting May 18, 2023
Bid Opening June 01, 2023
Construction Award June 20, 2023
Construction Commence July 25, 2023
Construction Completed October 25, 2023
CONCLUSION:
Approve the plans and specifications for the 2023 Streets Overlay Project and authorize staff to release for public bidding.
ATTACHMENTS:
• 2023 STREETS OVERLAY PROJECT SPECIFICATIONS (PDF)
• 2023 Overlay Plans 11x17 (PDF)
9 Packet Pg. 115
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Packet Pg. 116 Attachment: 2023 STREETS OVERLAY PROJECT SPECIFICATIONS (5614 : 2023 Overlay Plans and Specs) City of El Centro
2023 Overlay Project
2023 STREETS OVERLAY PROJECT
TABLE OF CONTENTS
PAGE
NOTICE INVITING SEALED PROPOSALS (BIDS) NIB 1 - 6
BIDDING DOCUMENTS BD 1 - 25
CONTRACT DOCUMENTS CD 1 - 17
Agreement CD 1 - 13
Performance Bond CD 14-15
Payment Bond CD 16-17
GENERAL CONDITIONS GC 18- 85
SUPPLEMENTAL GENERAL CONDITIONS SGC 1 - 3
SPECIFICATIONS S 1 – 1
SPECIAL PROVISIONS SP 1 – 49
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2023 Streets Overlay Project
NIB 1
NOTICE INVITING BIDS
RECEIPT OF BIDS: Sealed Bids will be received at the office of the City Clerk, City of El Centro, OWNER of the WORK, located at 1275 Main Street, El Centro, CA 92243, until June 1, 2023, at 2:00 p.m. for the construction of the “2023 STREETS OVERLAY PROJECT.” DESCRIPTION OF WORK: The WORK includes but is not limited to:
The work shall include grinding of existing asphalt concrete pavement, installation of conventional-asphalt concrete leveling course, installation of RHMA, installation of ARAM, slurry seal, crack filling, traffic striping, utility adjustments, curb/gutter, minor aggregate base, monument preservation, and traffic control as described in Chapter 5 of the Caltrans Traffic Manual and the latest edition of Manual of Uniform Traffic Control Devices (“California MUTCD”).
The scope of work is more specifically described on the construction plans and in these Specifications.
SITE OF WORK: The site of the WORK is at various City streets as described in the Contract Documents.
COMPLETION OF WORK: The WORK must be completed within (90) Calendar Days after the commencement date stated in the Notice to Proceed.
OPENING OF BIDS: The Bids will be publicly opened and read at 2:00 PM on June 1, 2023 at the above-mentioned office of the City Clerk’s.
OBTAINING CONTRACT DOCUMENTS: The Contract Documents are entitled “2023 STREETS OVERLAY PROJECT.”
The Contract Documents may be obtained by download free at Planetbids by visiting City of El Centro website and selecting “Public Works (Planet Bids) from the “DOING BUSINESS” drop down, Bids and Proposal tab, or at the following link https://www.planetbids.com/portal/portal.cfm?companyID=41180 MANDATORY PRE-BID CONFERENCE: A Mandatory Prebid Conference for prospective Bidders will be held at the City of El Centro at 10:00 AM (prevailing local time), on May 18, 2023.
The meeting will be held at the Economic Development Building Conference Room A located at 1249 Main St., El Centro CA 92243.The object of the meeting is to acquaint Bidders with the site conditions, mandatory bidding requirements and subcontracting and material supply opportunities.
At that meeting the City of El Centro’s Equal Opportunity Program goals and reporting procedures will be discussed. Your bid may be disqualified for failure to comply with DBE requirements.
Please note that the time for submission of bid protests has been clarified.
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2023 Streets Overlay Project
NIB 2
QUESTIONS: Technical questions must be submitted through Planetbids. Should Planetbids be unavailable questions should then be directed to the CONSTRUCTION MANAGER at [email protected].
Questions must arrive at least ten (10) calendar days prior to the bid opening to allow time for distributing answers and/or clarifications to plan holders.
CITY’S RESPONSES: Responses to questions asked may be provided via Addenda. No oral comments shall be of any force or effect with respect to this solicitation.
ALL SUBMISSIONS MUST BE BY PERSONAL DELIVERY OR BY MAIL. No electronic submissions will be accepted.
REQUIRED DOCUMENTS AT BID TIME:
The bid shall be considered incomplete and be disqualified if any of the required BIDDING DOCUMENTS in pages BD 8to BD 25 of this solicitation are not provided as instructed.
BID SECURITY: Each Bid shall be accompanied by a certified or cashier’s check or bid bond in the amount of ten (10) percent of the total Bid price payable to the City of El Centro as a guarantee that the Bidder, if its bid is accepted, will promptly execute the Agreement. A bid shall not be considered unless one of the forms of bid security is enclosed with it.
BIDS TO REMAIN OPEN: The Bidder shall guarantee the total Bid price for a period of one hundred twenty (120) calendar Days from the date of Bid opening.
CONTRACTOR’S LICENSE CLASSIFICATION: In accordance with the provisions of California Law, OWNER has determined that CONTRACTOR shall possess a valid Class A California contractor’s license at the time that the Bid is submitted. Failure to possess the specified license shall render the Bid non-responsive and shall act as a bar to award of the Agreement to any Bidder not possessing said license at the time of Bid.
CALIFORNIA WAGE RATE REQUIREMENTS: In accordance with the provisions of California Labor Code sections 1770 et seq. as amended, the Director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with the standards set forth in such sections for the locality in which the WORK is to be performed.
A copy of said wage rates is on file at the office of OWNER. It shall be mandatory for CONTRACTOR to whom the WORK is awarded, and upon any Subcontractor under CONTRACTOR, to pay not less than said specified rates to all workers employed by them in the execution of the WORK.
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2023 Streets Overlay Project
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CONTRACTOR AND SUBCONTRACTOR REGISTRATION WITH DEPARTMENT OF INDUSTRIAL RELATIONS:
Labor Code section 1771.1 provides that a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Public Contract Code section 4104, or engage in the performance of any contract for public work, as that term is defined in Chapter 1, Part 7, Division 2 of the Labor Code, unless currently registered and qualified to perform public work pursuant to Labor Code section 1725.5. Labor Code section 1771.1 also provides that it is not a violation of that section for an unregistered contractor to submit a bid that is authorized by Business and Professions Code section 7029.1 or by Public Contract Code section 10164, provided the contractor is registered to perform public work pursuant to Labor Code section 1725.5 at the time the contract is awarded.
This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
RETAINAGE FROM PAYMENTS: CONTRACTOR may elect to receive one hundred (100%) percent of payments due under the Contract Documents from time to time, without retention of any portion of the payment by OWNER, by depositing securities of equivalent value with OWNER in accordance with the provisions of section 22300 of the Public Contract Code. Such securities, if deposited by CONTRACTOR, shall be valued by OWNER, whose decision on valuation of the securities shall be final. Securities eligible for investment under this provision shall be limited to those listed in section 16430 of the Government Code, bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts, standby letters of credit or any other security mutually agreed to by CONTRACTOR and OWNER.
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. 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 documents accompanying that notice; or (ii) a proposed award recommendation.
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 particular specification or requirement is impractical, unduly restrictive, or ambiguous may advise the AGENCY 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
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2023 Streets Overlay Project
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A solicitation protest must be submitted to the contact named in the bid documents by personal delivery or email by close of business at least fifteen (15) calendar days prior to the Bid due date, and must contain all of the following to be considered:
a. The name, address, and telephone number of the protester; and b. The Project Name and Project Number; and
c. A detailed statement setting forth the grounds for protest, which shall include all the factual and legal documentation in support of the protest in sufficient detail to establish merits of the protest; and d. The desired resolution of the protest.
If the submitted protest does not comply with the requirements set forth herein, then it will not be considered for evaluation and will be returned to the protestor. Any grounds for protest not raised are waived. The protest may not be amended after filing. The protest is a public document.
(2) Evaluation and Determination
No hearing will be held on the protest. City’s Public Works Director, or designee, will review the protest and any supporting material and conduct an investigation of the facts. That City representative may, but need not, require other Bidders to submit statements or arguments regarding the protest and may discuss the protest with the protestor.
The Public Works Director or designee shall issue a final written decision regarding any solicitation protest to each Bidder prior to Bid opening. The written decision will cite any actions that will or will not be taken in response to the protest. That decision shall be final, and there shall be no further administrative recourse, including no protest of an award.
B. Protest of Award
(1) Contents and Requirements
Following the opening of the Bids, but before formal award of the bid, any unsuccessful Bidder, may protest City’s proposed award of the Contract by submitting a written protest to the Public Works Director or designee no later than close of business on the fifth business day after the opening of the bids. That protest must be submitted in a timely manner, signed by the protesting Bidder, and must contain all of the following to be considered:
a. The name, address, and telephone number of the protestor; and b. The Project Name and Project Number; and
c. The City action or recommendation that is being protested;
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2023 Streets Overlay Project
NIB 5
d. A detailed statement setting forth every ground, reason, legal authority and facts in support of the protest, including all documents and evidence including specific references to parts of the bid documents; and e. A clear statement of the relief requested.
A protest that does not comply with the requirements set forth herein will be returned to the protestor. The protest shall not be amended after filing. Any grounds for protest not raised are waived. The protest is a public document.
The City will notify the affected parties when a protest has been submitted, and will provide copies of the protest to the affected parties as soon as is reasonably practical.
(2) Evaluation and Determination
The affected parties may file responsive statements in support of or in opposition to the protest within three (3) business days after the receipt of the protest from the City. The Public Works Director, or designee, shall review the facts and all submittals relative to the protest and shall issue a written decision setting forth the basis for such decision. The written decision will be issued to the protestor and to all affected parties.
Unless otherwise required by law, no hearing shall be provided. In the event a hearing is conducted, the Public Works Director or designee, shall issue written notice to the protestor and affected parties identifying the date and time for the hearing, along with rules concerning the hearing.
C. Delay in Award
Execution of any proposed contract shall be delayed pending the resolution of the protest unless one or more of the following conditions is present:
1. The items or services being procured are urgently required;
2. Delivery or performance will be unduly delayed by failure to make award promptly; or
3. Failure to make prompt award will otherwise cause undue harm to the City.
D. No Limitations on Remedies
Nothing contained herein shall be construed to act as a limitation of the City’s choice of remedies or confer any right upon any interested party or affected party to a remedy.
E. Basis for Choice Remedy
In determining the appropriate remedy, the City shall consider all of the circumstances surrounding the notice of bids and/or award, including, but not limited to:
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2023 Streets Overlay Project
NIB 6
1. The seriousness of any deficiency found to exist in the contracting process;
2. The effect of the action on the competitive process;
3. Any urgency surrounding the requirement to enter into a contract; and
4. The effect that implementing the remedy will have on the City.
F. Remedies
If the City determines that the award or proposed award was not made in accordance with applicable statues, regulations, policies and/or procedures, the City, in its sole discretion, may grant any of the following remedies or any other remedy it deems appropriate:
1. Prior to award, City may do the following (a) reject all bids and issue a new solicitation; b) make a new selection/award recommendation of the next lowest qualified bidder; or c) 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.
OWNER’S RIGHTS RESERVED: OWNER reserves the right to reject any or all Bids, to waive any informality in a Bid, and to make awards to the lowest responsive Bidder as it may best serve the interest of OWNER.
Date:____________________ OWNER: City of El Centro
_________________________
Norma Wyles, City Clerk
- END OF NOTICE INVITING BIDS -
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2023 Streets Overlay Project
BD 1
BIDDING DOCUMENTS
INSTRUCTIONS TO BIDDERS
1. DEFINED TERMS. Terms used in these Instructions to Bidders and the Notice Inviting Bids which are defined in the General Conditions have the meanings assigned to them in the General Conditions. The term “Bidder” means one who submits a Bid directly to OWNER, as distinct from a sub-bidder, who submits a Bid to a Bidder.
2. INTERPRETATIONS AND ADDENDA.
2.1 All questions about the meaning or intent of the Contract Documents are to be directed to OWNER. Interpretations or clarifications considered necessary by OWNER in response to such questions will be issued by Addenda. Questions received less than seven (7) Days prior to the date for opening of Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.
2.2 Addenda may also be issued to modify the Contract Documents as deemed advisable by OWNER or DESIGN CONSULTANT.
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. Bidders must possess a valid California contractor’s license applicable to the type of work bid upon at the time of opening Bids.
4. EL CENTRO LICENSE. All Bidders and their Subcontractors not already having a business license from the City of El Centro for the WORK will be required to secure the appropriate license from the City of El Centro before the Agreement can be executed.
5. DISQUALIFICATION OF BIDDERS. More than one (1) Bid from an individual, firm, partnership, corporation or association under the same or different names will not be considered. If OWNER believes that any Bidder is interested in more than one (1) Bid for the WORK contemplated, all Bids in which such Bidder is interested will be rejected. If OWNER believes that collusion exists among the Bidders, all Bids will be rejected. A party who has quoted prices to a Bidder is not hereby disqualified from quoting prices to other Bidders, or from submitting a Bid directly for the WORK.
6. BIDDER’S EXAMINATION OF CONTRACT DOCUMENTS AND SITE
6.1 It is the responsibility of each Bidder before submitting a Bid:
(a) To examine thoroughly the Contract Documents and other related data identified in the Bidding Documents (including “technical data” referred to below);
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(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 CONSTRUCTION MANAGER of all conflicts, errors, ambiguities or discrepancies in or between the Contract Documents and such other related data.
6.2 Reference is made to the Supplementary General Conditions for identification of:
(a) Those reports of explorations and tests of subsurface conditions at or contiguous to the site which have been utilized by DESIGN CONSULTANT in the preparation of the Contract Documents. The Bidder may rely upon the accuracy of the technical data contained in such reports, however, the interpretation of such technical data, including any interpolation or extrapolation thereof, together with non-technical data, interpretations and opinions contained therein or the completeness thereof is the responsibility of the Bidder. (b) Those drawings of physical conditions in or relating to existing surface and subsurface conditions (except Underground Utilities) which are at or contiguous to the site that have been utilized by DESIGN CONSULTANT in the preparation of the Contract Documents. The Bidder may rely upon the accuracy of the technical data contained in such drawings, however, the interpretation of such technical data, including any interpolation or extrapolation thereof, together with nontechnical data, interpretations and opinions contained in such drawings or the completeness thereof is the responsibility of the Bidder.
Subsurface conditions, including but not limited to groundwater, may have changed significantly between the completion of the soils investigation by the geotechnical engineer and start of construction. Subsurface conditions, including but not limited to groundwater, may change significantly during construction.
6.3 Copies of such reports and drawings will be made available by OWNER to any Bidder on request if said reports and drawings are not bound herein. Those reports and drawings are not part of the Contract Documents, but the technical data contained therein upon which the Bidder is entitled to rely, in Paragraph SGC-4.2 of the Supplementary General Conditions has been identified and established.
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6.4 Information and data reflected in the Contract Documents with respect to Underground Utilities at or contiguous to the site is based upon information and data furnished to OWNER and DESIGN CONSULTANT by the owners of such Underground Utilities or others, and OWNER does not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary General Conditions or the section entitled “Protection and Restoration of Existing Facilities” of the General Requirements.
6.5 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, Underground Utilities and other physical conditions, and possible changes in the Contract Documents due to differing conditions appear in Paragraphs 4.2, 4.3, and 4.4 of the General Conditions.
6.6 Before submitting a Bid, each Bidder will, at Bidder’s own expense, make or obtain any additional examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and Underground Utilities) at or contiguous to the site or otherwise which may affect cost, progress or performance of the WORK or which relate to any aspect of the means, methods, techniques, sequences or procedures of construction to be employed by Bidder and Safety precautions and programs incident thereto which the Bidder deems necessary to determine its Bid for performing the WORK in accordance with the time, price and other terms and conditions of the Contract Documents. Interference with existing facility operations will not be permitted.
6.7 On request in advance, OWNER will provide each Bidder access to the site to conduct such examinations, investigations, explorations, tests and studies as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and shall clean up and restore the site to its former condition upon completion of such examinations, investigations, explorations, tests and studies.
6.8 The lands upon which the WORK is to be performed, rights-of-way and easements for access thereto and other lands designated for use by CONTRACTOR in performing the WORK are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by CONTRACTOR. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by OWNER unless otherwise provided in the Contract Documents.
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6.9 The submission of a Bid will constitute an incontrovertible representation by the Bidder that the Bidder has complied with every requirement of this Paragraph 6, “Bidder’s Examination of Contract Documents and Site” herein, that without exception the Bid is premised upon performing the WORK required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction (if any) as may be indicated in or required by the Contract Documents, that Bidder has given CONSTRUCTION MANAGER written notice of all conflicts, errors, ambiguities and discrepancies in the Contract Documents and the written resolution thereof by CONSTRUCTION MANAGER is acceptable to Bidder and the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the WORK.
7. BID FORM.
7.1 The Bid shall be made on the Bid schedule bound herein and the pages may be removed from the bound volume. The envelope enclosing the sealed Bids shall be plainly marked in the upper left-hand corner with the name and address of the Bidder and shall bear the words “BID FOR” followed by “2023 STREETS OVERLAY PROJECT.,” El Centro, CA, 92243, and the date and hour of opening of Bids. The Bid security shall be enclosed in the same envelope with the Bid.
7.2 All blanks on the Bid form must be completed in ink.
7.3 Bids by corporations must be executed in the corporate name by the president and a vice-president (or other corporate officer). Such Bid shall be accompanied by the enclosed certificate of authority to sign, attested by the secretary or assistant secretary, and with the corporate seal affixed. The corporate address and state of incorporation must appear below the signature.
7.4 Bids by partnerships must be executed in the partnership name and be signed by a managing partner, accompanied by evidence of authority to sign and his/her title must appear under the signature and the official address of the partnership must appear below the signature.
7.5 All names must be printed below the signature.
7.6 The Bid shall contain an acknowledgement of receipt of all Addenda, the numbers of which shall be filled in on the Bid form. Failure to acknowledge Addenda shall render the Bid non-responsive and shall be cause for its rejection.
7.7 The address to which communications regarding the Bid are to be directed must be shown.
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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 Schedule of Values are supplied only to give an indication of the general scope of the WORK; OWNER does not expressly or by implication agree that the actual amount of work or material will correspond therewith, and reserves the right after award to increase or decrease the amount of any unit price item of the WORK in accordance with Article 10 of the General Conditions, to delete any Bid item in its entirety, or to add additional Bid items up to and including an aggregate total amount not to exceed twenty-five (25) percent of the Contract Price.
9. SUBSTITUTE OR “OR EQUAL” ITEMS. Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier and the name is followed by the words “or equal,” the Bidder may write the name of a substitute supplier (which the Bidder considers as an “or equal”) in the Proposed Substitute Equipment/Material Supplier List in the Bid form.
These substitute suppliers will only be considered after award of the Agreement. The procedure for the submittal of substitute or “or equal” products is specified in section 6.7 of the General Conditions.
10. SUBMISSION OF BIDS. The Bid shall be delivered by the time and to the place set forth in the Notice Inviting Bids. It is the Bidder’s sole responsibility to see that its Bid is received in proper time.
11. BID SECURITY, BONDS AND INSURANCE. Each Bid shall be accompanied by a certified or cashiers’ check or approved Bid bond in the amount stated in the Notice Inviting Bids. Said check or bond shall be made payable to the City of El Centro and shall be given as a guarantee that the Bidder, if awarded the Agreement, will enter into an Agreement with OWNER, and will furnish the necessary insurance certificates, payment bond and performance bond; each of said Bonds to be in the amount stated in the Supplementary General Conditions. In case of refusal or failure to enter into said Agreement, the check or Bid bond, as the case may be, shall be forfeited to OWNER. If the Bidder elects to furnish a Bid bond as its Bid security, the Bidder shall use the Bid bond form bound herein, or one conforming substantially to it in form.
12. DISCREPANCIES IN BIDS. In the event of a discrepancy between words and numbers in the Bid, the words shall govern. In the event there are unit price Bid items in the Schedule of Values and the amount indicated for a unit price Bid item does not equal the product of the unit price and quantity, the unit price shall govern and the amount will be corrected accordingly, and the Bidder shall be bound by said correction. In the event there is more than one (1) Bid item in the Schedule of Values and the total indicated for the schedule does not agree with the sum of the prices bid on the individual items, the prices bid on the individual items shall govern and the total for the schedule will be corrected accordingly, and the Bidder shall be bound by said correction.
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13. MODIFICATIONS AND UNAUTHORIZED ALTERNATIVE BIDS. Unauthorized conditions, limitations or provisos attached to the Bid will render it informal and may cause its rejection as being non-responsive. The completed Bid forms shall be without interlineations, alterations or erasures in the printed text. Alternative Bids will not be considered unless called for. Oral, telegraphic or telephonic Bids or modifications will not be considered.
14. WITHDRAWAL OF BID. The Bid may be withdrawn by the Bidder by means of a written request, signed by the Bidder or its properly authorized representative. Such written request must be delivered to the place stipulated in the Notice Inviting Bids for receipt of Bids prior to the scheduled closing time for receipt of Bids.
15. BID RESULTS. To obtain bid results, provide a self-addressed, stamped envelope, referencing “2023 STREETS OVERLAY PROJECT.” Bid tabulation will be mailed to you after verification of extensions. Bid results will not be given out over the telephone.
Bid results may be posted on City’s website.
16. AWARD OF CONTRACT. Award of a contract, if it be awarded, will be on the basis of the Bid proposal estimated quantities and will be made to the lowest responsive Bidder whose Bid complies with all the requirements prescribed. Unless otherwise specified, any such award will be made within the period stated in the Notice Inviting Bids that the Bids are to remain open. Unless otherwise indicated, a single award will be made for all the Bid items in an individual Bid schedule. The lowest Bid shall be the lowest price on the Total BID.
17. RETURN OF BID SECURITY. Within fourteen (14) Days after award of the Agreement, OWNER will return the Bid securities accompanying such of the Bids as are not considered in making the award. All other Bid securities will be held until the Agreement has been finally executed. They will then be returned to the respective Bidders whose Bids they accompany.
18. EXECUTION OF AGREEMENT. The apparent low Bidder will be required to execute a written Agreement with OWNER on the form of agreement provided, shall secure all insurance and shall furnish all certificates and Bonds required by the Contract Documents within fourteen (14) calendar Days after receipt of notification that the Bidder is the apparent low Bidder. Failure or refusal to enter into an Agreement as herein provided or to conform to any of the stipulated requirements in connection therewith shall be considered non-responsive and result in the forfeiture of the Bid security. If the lowest responsive Bidder refuses or fails to execute the Agreement, OWNER may proceed to the second lowest responsive Bidder. If the second lowest responsive Bidder refuses or fails to execute the Agreement, OWNER may proceed to the third lowest responsive Bidder. On the failure or refusal of such second or third lowest Bidder to execute the Agreement, each such Bidder’s Bid securities shall be likewise forfeited to OWNER.
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19. LIQUIDATED DAMAGES. Provisions for liquidated damages in the amount of $1,500 per day are set forth in the Agreement Section XVIII.
20. WORKERS’ COMPENSATION REQUIREMENT. The Bidder should be aware that in accordance with section 3700 of the California Labor Code it will, if awarded the Agreement, be required to secure the payment of compensation to its employees and execute the Workers’ Compensation Certification in the form contained in these Contract Documents.
- END OF INSTRUCTIONS TO BIDDERS -
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SECTION 00300A
BID FORMS
BID TO: CITY OF EL CENTRO
1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with OWNER in the form included in the Contract Documents (as defined in Article 6 of the Agreement) to perform the WORK as specified or indicated in said Contract Documents entitled “2023 STREETS OVERLAY PROJECT”
2. Bidder accepts all of the terms and conditions of the Contract Documents, including without limitation those in the Notice Inviting Bids and Instructions to Bidders, dealing with the disposition of the Bid security.
3. This Bid will remain open for the period stated in the Notice Inviting Bids unless otherwise required by law. Bidder will enter into an Agreement within the time and in the manner required in the “Notice Inviting Bids” and the “Instructions to Bidders,” and will furnish the insurance certificates, Payment Bond and Performance Bond required by the Contract Documents.
4. Bidder has examined copies of all the Contract Documents including the following Addenda (receipt of all of which is hereby acknowledged):
Number ______ ______ ______ ______ ______ ______
Date ______ ______ ______ ______ ______ ______
5. Bidder has familiarized itself with the nature and extent of the Contract Documents, WORK, site, locality where WORK is to be performed, the legal requirements (Federal, State and local laws, ordinances, rules and regulations) and the conditions affecting cost, progress or performance of the WORK and has made such independent investigations as Bidder deems necessary.
To all the foregoing, and including all Bid schedule(s) and information required of Bidder contained in this Bid form, said Bidder further agrees to complete the WORK required under the Contract Documents within the Contract Time set forth in said Contract Documents, and to accept in full payment therefore the Contract Price based on the total Bid price(s) named in the aforementioned Bid schedule(s).
Dated: Bidder:
By:
(Signature)
Title:
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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 2023 STREETS OVERLAY 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
TO THE DIRECTOR OF PUBLIC WORKS OF THE CITY OF EL CENTRO:
The undersigned hereby declares that he has carefully examined the location of the proposed work, that he has examined the plans and specifications and read the accompanying instructions to bidders and hereby proposes to furnish all material except owner furnished materials, and do all work required to complete the said work in accordance with said plans and specifications and special provisions for the unit prices set forth in the following schedule. The bidder shall furnish prices for all items shown in the proposal.
BASE BID SCHEDULE
SCHEDULE A
Item Description
Unit Amount Unit
Price Total Price
A1
MOBILIZATION / DEMOBILIZATION /
REQUIRED PERMITS
LS 1
A2 TRAFFIC CONTROL LS 1
A3
TYPE II SLURRY W/POLYMER AND RUBBER
TIRE ROLLING (NON-SYSTEM AREAS)
SY 128600
A4
CRACK CLEANING AND FILLING WITH
RUBBERIZED ASPHALT MATERIAL
LS 1
A5
RAISED CRACK GRINDING ON DOGWOOD
AVE. PER KEYNOTE 10 ON SHEET 2.2
LS 1
A6
STREET STRIPING AND PAVEMENT
MARKINGS
LS 1
A7
DIGOUTS: INCLUDING REMOVAL,
COMPACTION & INSTALLATION OF ¾”
TYPE A HMA PG70-10
SF 6786
A8
MONUMENT PRESERVATION CERTIFICATE
& RE-ESTABLISHMENT OF MONUMENTS
NOT FOUND IN THE WORK AREA &
PROTECTION OF THOSE THAT ARE
LS 1
A9
SYSTEM 2: TYPE II SLURRY INCLUDING
POLYMER AND RUBBER TIRE ROLLING
SY 74004
A10
SYSTEM 2: ¾” OF LEVELING COURSE ½”
HMA TYPE-A PG70-10 INCLUDING CRACK
CLEANING
SY 74004
A11 SYSTEM 2: 3/8” ARAM SY 74004
A12
SYSTEM 2: INTERSECTION TREATMENT
INCLUDING 1” COLD MILL AND 2” OF ¾”
HMA TYPE-A PG70-10
EA 3825
A13 DOUBLE ADJUST MANHOLE EA 23
A14 DOUBLE ADJUST WATER VALVE LS 47
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A15 ½” COLD MILL SY 403,920
A16 1” COLD MILL SY 8,000
A17
½” HMA TYPE-A PG 70-10 ON DOGWOOD
AVE. AND WAKE AVE. PER DETAIL; 10 ON
SHEET 2.2
TON 450
A18 EROSION CONTROL LS 1
A19 MATERIAL TESTING LS 1
Total Schedule A is: $__________________________
SCHEDULE B
Ross Ave. and Euclid Ave. ImprovementsItem Description Unit Amount Unit
Price Total Price
B1
MOBILIZATION / DEMOBILIZATION /
REQUIRED PERMITS
LS 1
B2
2” COLDMILL WITH PROFILE CORRECTION
ON ROSS AVE.
SY 13,206
B3
3/4” LEVELING COURSE WITH 3/8” HMA
TYPE-A PG70-10 INCLUDING CRACK
CLEANING
SY 13,206
B4 0.1’ ARHM-GG INCLUDING TACK COAT TON 892
B5
INSTALLATION OF TRUPAVE OR
APPROVED EQUAL FABRIC
TON 13,206
B6 DOUBLE ADJUST WATER VALVE EA 10
B7 SINGLE ADJUST WATER VALVE EA 1
B8
TYPE II SLURRY W/POLYMER AND
RUBBER TIRE ROLLING (NON SYSTEM
AREAS)
SY 10,800
B9
CRACK CLEANING AND FILLING WITH
RUBBERIZED ASPHALT MATERIAL
LS 1
B10
SYSTEM 2: TYPE II SLURRY INCLUDING
POLYMER AND RUBBER TIRE ROLLING
SY 6,500
B11
SYSTEM 2: ¾” OF LEVELING COURSE ½”
HMA TYPE-A PG70-10 INCLUDING CRACK
CLEANING
SY 6,500
B12 SYSTEM 2” 3/8” ARAM SY 6,500
B13
SYSTEM 2: INTERSECTION TREATMENT
INCLUDING 1” COLD MILL AND 2” OF ¾”
HMA TYPE-A PG70-10
SY 850
B14
STREET STRIPING, PAVEMENT MARKINGS
AND SIGNAGE
LS 1
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B15 EROSION CONTROL LS 1
B16
ROSS AVENUE CROSS GUTTER INCLUDING
DEMO, SUBGRADE PREPARATION, CLASS
II BASE AND COMPACTION
LS 1
B17
ROSS AVENUE CURB RAMP
MODIFICATION AND SPANDRAL
INCLUDING DEMO
EA 2
B18
REMOVE AND REPLACE CURB AND
GUTTER
LF 132
B19
REMOVE AND REPLACE EXISTING
ASPHALT AND UNDERLYING MATERIAL
NEAR THE INTERSECTION OF 8TH ST. &
ROSS AVE. TO TIE INTO NEW CROSS
GUTTER INCLUDING INSTALLATION OF
CLASS II BASE, SUBGRADE PREPARATION,
& INSTALLATION OF ¾” TYPE A HMA AND
COMPACTION
SF 2165
B20 TRAFFIC CONTROL LS 1
B21
DIGOUTS: INCLUDING REMOVAL,
COMPACTION & INSTALLATION OF
¾”TYPE A HMA PG70-10
SF 592
B22
MONUMENT PRESERVATION CERTIFICATE
& RE-ESTABLISHMENT OF MONUMENTS
NOT FOUND IN THE WORK AREA &
PROTECTION OF THOSE THAT ARE
LS 1
B23 MATERIAL TESTING LS 1
Total Schedule B is: $__________________________
SCHEDULE C
Parking Lot Improvements
Item Description
Unit Amount Unit
Price Total Price
C1
MOBILIZATION / DEMOBILIZATION /
REQUIRED PERMITS
LS 1
C2
City Hall Parking Lot 3/4" Overlay with 3/8”
HMA including weed abatement, ADA
coordination, removal of conflicting parking
stalls/signage and incidentals.
LS 1
C3
Bucklin Park South Parking Lot ¾” Overlay with
3/8” HMA including weed abatement, ADA
coordination, removal of conflicting parking
stalls/signage and incidentals.
LS 1
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C4
City Hall and Bucklin Park Parking Lot Striping
including all line work, legends, signs, post, curb
stops, field design, coordination and incidentals.
LS 1
C5 MATERIAL TESTING LS 1
Total Schedule C is: $__________________________
TOTAL BASE BID (Schedule A + Schedule B + Schedule C) is: $_____________________
ADDITIVE BIDS
Additive 1 (Fire Station 1 Parking Lot Improvement)
Item Description Unit Amount Unit Price Total Price
D1
MOBILIZATION /
DEMOBILIZATION /
REQUIRED PERMITS LS 1
D2
1” OF 3/8” HMA INCLUDING
WEED ABATEMENT, ADA
COORDINATION, REMOVAL
OF CONFLICTING PARKING
STALLS/SIGNAGE AND
INCIDENTALS TON 51
D3
DIGOUTS: INCLUDING
REMOVAL, COMPACTION &
INSTALLATION OF ¾” TYPE A
HMA PG70-10 SF 930
D4
STREET STRIPING AND
PAVEMENT MARKINGS LS 1
D5 MATERIAL TESTING LS 1
Total Additive 1 is: $__________________________
Additive 2 (Fire Station 2 Parking Lot Improvement)
Item Description Unit Amount Unit Price Total Price
E1
MOBILIZATION /
DEMOBILIZATION /
REQUIRED PERMITS LS 1
E2
1” OF 3/8” HMA INCLUDING
WEED ABATEMENT, ADA TON 98
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COORDINATION, REMOVAL
OF CONFLICTING PARKING
STALLS/SIGNAGE AND
INCIDENTALS
E3
STREET STRIPING AND
PAVEMENT MARKINGS LS 1
E4 MATERIAL TESTING LS 1
Total Additive 2 is: $__________________________
Additive 3 (Public Works Parking Lot Improvement)
Item Description Unit Amount Unit Price Total Price
F1
MOBILIZATION /
DEMOBILIZATION /
REQUIRED PERMITS LS 1
F2
1” OF 3/8” HMA INCLUDING
WEED ABATEMENT, ADA
COORDINATION, REMOVAL
OF CONFLICTING PARKING
STALLS/SIGNAGE AND
INCIDENTALS TON 456
F3
STREET STRIPING AND
PAVEMENT MARKINGS LS 1
F4 MATERIAL TESTING LS 1
Total Additive 3 is: $__________________________
Additive 4 (Wake Ave. (THOMAS TO 4TH ST.)
Item Description Unit Amount Unit Price Total Price
G1
MOBILIZATION /
DEMOBILIZATION /
REQUIRED PERMITS LS 1
G2 3” COLD MILL SY 4,000
G3
3” OF 3/4” HMA TYPE-A PG70-
10 INCLUDING CRACK
CLEANING TON 675
G4
TYPE II SLURRY W/POLYMER
AND RUBBER TIRE ROLLING SY 17,778
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G5
CRACK CLEANING AND
FILLING WITH RUBBERIZED
ASPHALT MATERIAL LS 1
G6 TRAFFIC CONTROL LS 1
G7
STREET STRIPING AND
PAVEMENT MARKINGS LS 1
G8
MONUMENT PRESERVATION
CERTIFICATE & REESTABLISHMENT OF
MONUMENTS NOT FOUND IN
THE WORK AREA &
PROTECTION OF THOSE THAT
ARE LS 1
G9 MATERIAL TESTING LS 1
Total Additive 4 is: $__________________________
Additive 5 (SYSTEM 1 TREATMENT NORTH OF WTP)
Item Description Unit Amount Unit Price Total Price
H1
MOBILIZATION /
DEMOBILIZATION /
REQUIRED PERMITS LS 1
H2 SYSTEM 1: 3/8” ARAM SY 25,225
H3
SYSTEM 1: INTERSECTION
TREATMENT INCLUDING 1”
COLD MILL AND 1.5” OF ¾”
HMA TYPE-A PG70-10 TON 675
H4
SYSTEM 1: TYPE II SLURRY
W/POLYMER AND RUBBER
TIRE ROLLING SY 25,225
H5
SINGLE ADJUST WATER
VALVES EA 29
H6 SINGLE ADJUST MANHOLES EA 31
H7 TRAFFIC CONTROL LS 1
H8
STREET STRIPING AND
PAVEMENT MARKINGS LS 1
H9
MONUMENT PRESERVATION
CERTIFICATE & REESTABLISHMENT OF
MONUMENTS NOT FOUND IN
THE WORK AREA &
PROTECTION OF THOSE THAT
ARE LS 1
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H10 MATERIAL TESTING LS 1
Total Additive 5 is: $__________________________
Total Base Bid (consisting of the sum of Schedule A, B, and C) is:
$_____________________ (Amount of Total Base Bid written numerically as dollars and cents, in US dollars)
$ ___________________________________________________________________________ (Amount of Total Base Bid written in words as dollars and cents, in US dollars) Total Bid (consisting of the sum of Schedule A, B, C, Additive 1, Additive 2, Additive 3, Additive 4, and Additive 5) is:
$_____________________ (Amount of Total Bid written numerically as dollars and cents, in US dollars)
$
_____________________________________________________________________________ (Amount of Total Bid written in words as dollars and cents, in US dollars) NOTE: TOTAL BID WILL BE USED TO DETERMINE LOW BIDDER
END OF PROPOSAL BID FORM
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LIST OF SUBCONTRACTORS
The Bidder shall list below the name and the location of the place of business of each Subcontractor who will perform work or labor or render service to CONTRACTOR in or about the construction of the WORK, or a Subcontractor licensed by the State who, under subcontract to CONTRACTOR, specially fabricates and installs a portion of the WORK according to detailed Drawings contained in the plans and specifications, in an amount in excess of one-half (0.5) of one (1.0) percent of CONTRACTOR’s total Bid. The Bidder shall also list below the portion of the WORK which will be done by each Subcontractor under this contract.
CONTRACTOR shall list only one (1) Subcontractor for each portion of the WORK. If Bidder does NOT intend to use ANY subcontractors, state “NONE” in the first block.
Substitutions of subcontractors listed will not be permitted unless approved by the City of El Centro.
The Bidder’s attention is directed to Paragraph 6.5.3 entitled “Subcontract Limitations” of the General Conditions which sets forth the percent of the WORK to be performed with the Bidders’ own forces. Failure to comply with this requirement will render the Bid nonresponsive 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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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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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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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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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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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 REQUIREMENTS –
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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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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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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 BIDDING DOCUMENTS –
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CONTRACT DOCUMENTS
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CITY OF EL CENTRO
2023 STREETS OVERLAY 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 ("CONTRACTOR"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
I. SCOPE OF WORK
The CONTRACTOR shall perform within the time set forth in Article 2 of this Agreement and shall furnish all labor, materials, equipment, tools, utility services, and transportation and perform and complete all work required in connection with the following:
The work shall include grinding of existing asphalt concrete pavement, installation of conventional-asphalt concrete leveling course, gap graded asphalt-rubber hot mix, slurry seal, crack filling, traffic striping, utility adjustments, curb/gutter, minor aggregate base and traffic control as described in Chapter 5 of the Caltrans Traffic Manual and the latest edition of Manual of Uniform Traffic Control Devices (“California MUTCD”).
The scope of work is more specifically described on the construction plans and in these Specifications.
By entering into this Agreement, CONTRACTOR acknowledges that there may be other contractors on the site whose work will be coordinated with that of its own.
CONTRACTOR expressly warrants and agrees that it will cooperate with other contractors and will do nothing to delay, hinder, or interfere with the work of other separate contractors, the CITY, the Construction Manager, the Architect, or utilities. CONTRACTOR also expressly agrees that, in the event its work is hindered, delayed, interfered with, or otherwise affected by a separate contractor, its sole remedy will be a direct action against the separate contractor. To the extent allowed by law, the CONTRACTOR will have no remedy, and hereby expressly waives any remedy against the CITY, the Construction Manager, or the Architect on account of delay, hindrance, interference or other events caused by a separate contractor.
II. TIME FOR PROJECT COMPLETION
All of CONTRACTOR’s work on the Project shall be completed within durations established for the individual activities as set forth in the Project Construction Schedule.
All work shall commence ten (10) calendar days after receiving a written Notice to Proceed from the CITY or Construction Manager, if a Construction Manager is employed by CITY on the Project. CONTRACTOR shall refer to the invitations for bids, and Project Plans and Specifications, all of which, as set forth below, are incorporated herein by reference, for contractual obligations regarding individual activity durations. The aggregate sum total work of all individual Prime Contractors to the CITY comprises the entire “Project” and
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shall be commenced and completed in conformance with the Project Construction Schedule. The entire Project shall be completed within 90 “Calendar” days as defined by the Caltrans 7-day Workday calendar https://dot.ca.gov/-/media/dotmedia/programs/construction/documents/contract-administration/contract-time/workingday-calendars/2023-working-days-calendar-7-day.pdf III. THE CONTRACT SUM
The CITY shall pay to the CONTRACTOR for the performance of this Agreement, subject to any additions and deductions provided in the Project documents, the sum of dollars ($ ).
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, 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
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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, 1771, 1773, 1773.1, 1774 and 1815", for Imperial County. Wage rates shall conform to those posted at www.cityofelcentro.org under the RFP and Bids City website section for this project and the Project site.
B. The following Labor Code sections are hereby referenced and made a part of this Agreement:
1. Section 1775 - Penalty for Failure to Comply with Prevailing Wage Rates.
2. Section 1777.4 - Apprenticeship Requirements.
3. Section 1777.5 - Apprenticeship Requirements.
4. Section 1813 - Penalty for Failure to Pay Overtime.
5. Sections 1810 and 1811 - Working Hour Restrictions.
6. Section 1775 - Payroll Records.
7. Section 1773.8 - Travel and Subsistence Pay.
8. Section 1776 – Payroll Records
VIII. RECORD AUDIT
In accordance with Government Code, Section 8546.7, records of both the CITY and the
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CONTRACTOR shall be subject to examination and audit by the Auditor General for a period of three (3) years after final payment.
IX. CERTIFICATIONS
A. Contractor shall have a Class A License.
X. FINAL PAYMENT
Final payment, constituting the entire unpaid balance of the Agreement Sum, shall be paid by the CITY to the CONTRACTOR no sooner than thirty-five (35) days after a Notice of Completion has been recorded, unless otherwise stipulated in the Notice of Completion, provided the work has then been completed, the Agreement fully performed, and a final Certificate for Payment has been issued by the 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, 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
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available to CONTRACTOR or its subcontractors in excess of the limits and coverage identified in this Agreement and which is applicable to a given loss, claim or demand, will be equally available to CITY.
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.
Umbrella or excess liability insurance. CONTRACTOR shall obtain and maintain an umbrella or excess liability insurance that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions:
A drop down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason;
Pay on behalf of wording as opposed to reimbursement; Concurrency of effective dates with primary policies; Policies shall “follow form” to the underlying primary policies; and Insureds under primary policies shall also be insureds under the umbrella or excess policies.
Workers’ compensation insurance. CONTRACTOR shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000) for CONTRACTOR’s employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, CONTRACTOR shall require each subcontractor to similarly maintain Workers’ Compensation Insurance
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and Employer’s Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor’s employees.
CONTRACTOR shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees and volunteers.
Pollution liability insurance. Environmental Impairment Liability Insurance shall be written on a CONTRACTOR’s Pollution Liability form or other form acceptable to CITY providing coverage for liability arising out of sudden, accidental and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 dollars per claim and in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non-owned disposal sites.
Products/completed operations coverage shall extend a minimum of three (3) years after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the Policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The CITY, its officials, officers, agents, and employees, shall be included as insureds under the policy.
Builder’s risk insurance.
Other provisions or requirements
Proof of insurance. CONTRACTOR shall provide certificates of insurance to CITY as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by CITY’s risk manager prior to commencement of performance. Current certification of insurance shall be kept on file with CITY at all times during the term of this contract. CITY reserves the right to require complete, certified copies of all required insurance policies, at any time.
Duration of coverage. CONTRACTOR shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by CONTRACTOR, his agents, representatives, employees or subcontractors.
CONTRACTOR must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. CITY and its officers, officials, employees, and agents shall continue as additional insureds under such policies.
Primary/noncontributing. Coverage provided by CONTRACTOR shall be primary and any insurance or self-insurance procured or maintained by CITY shall not be required to
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contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of CITY before the CITY’s own insurance or self-insurance shall be called upon to protect it as a named insured.
City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONTRACTOR or CITY will withhold amounts sufficient to pay premium from CONTRACTOR payments. In the alternative, CITY may cancel this Agreement.
Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the CITY’s risk manager.
Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against CITY, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow CONTRACTOR or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. CONTRACTOR hereby waives its own right of recovery against CITY, and shall require similar written express waivers and insurance clauses from each of its sub consultants.
Enforcement of contract provisions (non estoppel). CONTRACTOR acknowledges and agrees that any actual or alleged failure on the part of the CITY to inform CONTRACTOR of non-compliance with any requirement imposes no additional obligations on the CITY nor does it waive any rights hereunder.
Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the CONTRACTOR maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the CONTRACTOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY.
Notice of cancellation. CONTRACTOR agrees to oblige its insurance agent or broker and insurers to provide to CITY with a thirty (30) day notice of cancellation (except for
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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.
Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to CITY and approved of in writing.
Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that CONTRACTOR’s insurance shall apply separately to each insured against who claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
Pass through clause. CONTRACTOR agrees to ensure that its sub-consultants, subcontractors, and any other party involved with the project that is brought onto or involved in the project by CONTRACTOR, provide the same minimum insurance coverage and endorsements required of CONTRACTOR. CONTRACTOR agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. CONTRACTOR agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to CITY for review.
City’s right to revise requirements. The CITY reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the CONTRACTOR a ninety (90) day advance written notice of such change. If such change results in substantial additional cost to the CONTRACTOR, the CITY and CONTRACTOR may renegotiate CONTRACTOR’s compensation.
Self-insured retentions. Any self-insured retentions must be declared to and approved by CITY. CITY reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by CITY.
Timely notice of claims. CONTRACTOR shall give CITY prompt and timely notice of claims made or suits instituted that arise out of or result from CONTRACTOR’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
Additional insurance. CONTRACTOR shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work.
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XIII. CONTRACTOR'S LICENSE
CONTRACTOR must possess at the time of commencing work and throughout the Project duration, a Contractor's License, issued by the State of California, which is current and in good standing. CONTRACTOR shall ensure that any subcontractor working on the Project possesses at the time of commencing work and throughout the Project duration, a Contractor's License, issued by the State of California, which is current and in good standing.
XIV. REGISTRATION REQUIREMENTS [applicable to public works projects] Pursuant to Section 1771.1(a) of the Labor Code:
“A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.” CONTRACTOR must be registered with the Department of Industrial Relations (DIR) of the State of California in order to be eligible to work on public works projects.
CONTRACTOR must ensure registration with the DIR that is active and in good standing.
No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].
No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.
This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
The CONTRACTOR is not subject to public works requirements (including registration with the DIR) if the public works project is under $1,000, unless the CITY knows that the same CONTRACTOR will be awarded total project costs in excess of $1,000 for a given year.
XV. CORPORATION IN GOOD STANDING
If CONTRACTOR is a corporation, the undersigned hereby represents and warrants that
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the corporation is duly incorporated and in good standing in the State of California, and that , whose title is , is authorized to act for and bind the corporation.
XVI. PROVISIONS REQUIRED BY LAW
Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein and the Agreement shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not currently inserted, then upon application of either party the Agreement shall forthwith be physically amended to make such insertion or correction.
XVII. SUBSURFACE HAZARDOUS MATERIALS
A. In the event trenches or other excavations extend deeper than four (4) feet below the surface, the CONTRACTOR shall promptly, and before the following conditions are disturbed, notify the CITY in writing of any:
1. Material that the CONTRACTOR believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code that is required to be removed to a Class I, Class II or Class III disposal site in accordance with the provisions of existing law.
2. Subsurface or latent physical conditions at the site differing from those indicated.
3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in the Work or the character provided for in the CONTRACT.
B. Upon receipt of said notification the CITY will investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the CONTRACTOR's cost of or the time required for performance of any part of the work, the CITY will issue a change order under the procedures described in the General Conditions.
C. In the event that a dispute arises between the CITY and the CONTRACTOR whether the conditions materially differ, or involve hazardous waste or cause a decrease or increase in the CONTRACTOR's cost of or time required for performance of any part of the work, the CONTRACTOR shall not be excused from any scheduled completion date provided for by the Agreement, but shall proceed with all work to be performed under the Agreement. The CONTRACTOR shall retain any and all rights provided either by Agreement or by law which pertain to the resolution of disputes and protests between the contracting parties.
XVIII. LIQUIDATED DAMAGES
Pursuant to Government Code Section 53069.85, if work is not completed within the
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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 ($1,500) 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.
CONTRACTOR is to refer to Section Project Construction Schedule for duration of individual activities. Liquidated damages may be assessed if any individual activity duration exceeds the time indicated for that activity on the Project Construction Schedule.
XIX. COMPONENT PARTS OF THE CONTRACT
This Agreement entered into consists of the following CONTRACT DOCUMENTS, all of which are component parts of the Agreement as if herein set out in full or attached hereto:
Notice Inviting Bids Proposed Subcontractors
Scope of Summary Bid Bond
Information for Bidders Information Required of Bidder
Bid Form Contract
Non-Collusion Affidavit Certificate Re. Worker’s Compensation Site Visit Certification Drug-free Workplace Certification Faithful Performance Bond Plans and Specifications
Labor and Materials Payment Bond Addenda
General Conditions Drawings
Supplementary General Conditions Change Orders
Special Conditions Shop Drawings Transmittals
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
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shall be done as if required by all.
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.
XI. CLAIM PROCEDURES UNDER PUBLIC CONTRACT CODE
SECTION 9204
CONTRACTOR shall comply with the procedure set forth in Public Contracts Code section 9204 for any claim, as that term is defined therein, for one or more of the following: 1) a time extension, including, without limitation, for relief from damages or penalties for delay, 2) payment of money or damages arising from work done pursuant to this Agreement, and/or 3) payment of an amount disputed by the City under this Agreement.
CONTRACTOR CITY
City of El Centro
By: ____________________________ By: ____________________________ Title: __________________________ Title: __________________________ Date: __________________________ Date: __________________________ ATTACHMENTS:
Non-collusion Affidavit
Faithful Performance Bond
Labor and Materials Bond
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PERFORMANCE BOND
Whereas, The City Council of the City of El Centro, State of California, and _________________________________ (hereinafter designated as “principal”) have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated __________, 20__, and identified as project _______________________________________________, is hereby referred to and made a part hereof; and
Whereas, Said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement.
Now, therefore, we, the principal and _____________________________________, as surety, are held and firmly bound unto the City of El Centro (hereinafter designated as “El Centro”) in the penal sum of ____________________ dollars ($__________) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above-bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless El Centro, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by El Centro in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications.
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In Witness Whereof, this instrument has been duly executed by the principal and surety above named, on ______________________, 20__.
(SEAL) (SEAL)
(CONTRACTOR) (Surety)
By: By:
(Signature) (Signature)
- END OF PERFORMANCE BOND –
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PAYMENT BOND
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 dated _________________ and described as
________________________________________________________________ _______________________________________________________________ whereby the Principal agrees to install and complete certain designated public improvements identified as _________________________which are part of City project ________________________________________________, and which Agreement 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 referenced in Civil Code Sections 9550 et seq.; and 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 referenced in Sections 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,
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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 BOND-
- END OF CONTRACT DOCUMENTS -
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GENERAL CONDITIONS
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GENERAL CONDITIONS
ARTICLE 1 -- DEFINITIONS
Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof.
Where an entire word is capitalized in the definitions and is found un-capitalized in the Contract Documents it has the ordinary dictionary definition.
Addenda - Written or graphic instruments issued prior to the opening of Bids which make additions, deletions or revisions to the Contract Documents.
Agent - CONSTRUCTION MANAGER is the Agent of OWNER.
Agreement - The written contract between OWNER and CONTRACTOR covering the WORK to be performed; other documents are attached to the Agreement and made a part thereof as provided therein.
Allowance - A Bid item that adds a specified quantity of WORK to the Agreement work scope which OWNER may unilaterally direct CONTRACTOR to perform, or elect not to have performed.
Application for Payment - The form furnished by CONSTRUCTION MANAGER which is to be used by CONTRACTOR to request progress or Final Payment and which is to be accompanied by such supporting documentation as is required by the Contract Documents.
Asbestos - Any material that contains more than one (1) percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration (“OSHA”).
Beneficial Occupancy - Use by OWNER of the WORK prior to final acceptance.
Bidder - Any individual, firm, partnership, corporation or combination thereof, submitting a Bid for the WORK, acting directly or through a duly authorized representative.
Bid - The offer or proposal of the Bidder submitted on the prescribed form setting forth the price or prices for the WORK.
Bidding Documents - The advertisement or Invitation to Bid, Instructions to Bidders, the Bid form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids).
Bonds - Bid, Performance and Payment Bonds and other instruments which protect against loss due to inability or refusal of CONTRACTOR to perform its contract.
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Change Order - A document recommended by CONSTRUCTION MANAGER which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion or revision in the WORK, or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement.
CITY - OWNER (See OWNER’s definition in this section).
City of El Centro - OWNER (See OWNER’s definition in this section).
Claim - A dispute becomes a Claim only after CONTRACTOR receives and refuses to accept CONSTRUCTION MANAGER’s initial determination, and is certified as required by Article
16.3. Codes - The terms Government Code, Labor Code, etc. refer to codes of the State of California.
CONSTRUCTION MANAGER - The individual, partnership, corporation, joint venture or other legal entity named as such by written notice from OWNER.
Construction Manager Order - A written order issued by CONSTRUCTION MANAGER which clarifies or interprets the Procurement Documents or orders minor changes or alterations in the scope of WORK to be furnished but which does not involve a change in the Contract Price or the Contract Time.
Contract Documents - The Notice Inviting Bids, Instructions to Bidders, Bid forms (including the Bid, Bid schedule(s), information required of Bidder, Bid bond, and all required certificates and affidavits), Agreement, Performance Bond, Payment Bond, General Conditions, Supplementary General Conditions, SPECIAL PROVISIONS, Drawings and all Addenda, and Change Orders executed pursuant to the provisions of the Contract Documents.
Contract Milestone - A principal event specified in the Contract Documents relating to an intermediate completion date of a portion of the WORK, or a period of time within which the portion of the WORK should be performed prior to Substantial Completion of all the WORK.
Contract Price - The total monies payable by OWNER to CONTRACTOR under the terms and conditions of the Contract Documents.
Contract Time - The number of successive calendar Days stated in the Contract Documents for the completion of the WORK.
CONTRACTOR - The individual, partnership, corporation, joint venture or other legal entity with whom OWNER has executed the Agreement.
Day - A calendar day of twenty-four (24) hours measured from midnight to the next midnight unless otherwise specified. “Working” or “business” day means a day that the City of El Centro is open for any period of time.
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Defective Work - Work that is unsatisfactory, faulty or deficient; or that does not conform to the Contract Documents; or that does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents; or work that has been damaged by anyone other than OWNER prior to CONSTRUCTION MANAGER’s recommendation of final payment.
DESIGN CONSULTANT - The individual, partnership, corporation, joint venture or other legal entity named as such in the Contract Documents or succeeding entity. In the lack thereof, DESIGN CONSULTANT shall have the same meaning as OWNER.
Demobilization - The complete dismantling and removal by CONTRACTOR of all of 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 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 CONTRACTOR disagrees with a decision or determination made by CONSTRUCTION MANAGER until CONSTRUCTION MANAGER renders an initial determination. If the issue is unresolved it becomes a Claim.
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 CONSTRUCTION MANAGER.
Field Order - A written order issued by OWNER which changes the Agreement WORK scope and involves a change in the Contract Price or Contract Time or the intent of the Agreement.
Final Payment - is defined as the last progress payment made to CONTRACTOR for earned funds, less retainage as applicable, less deductions listed in Article 14. CONTRACTOR is entitled to this payment when the Notice of Completion is issued.
General Conditions - Section General Conditions of the Contract Specification.
Hazardous Waste - The term Hazardous Waste shall have the meaning provided in Section 104 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time or, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a class I, class II or class III disposal site in accordance with provisions of existing law, whichever is more restrictive.
Holidays - Legal Holidays observed by OWNER occur on:
New Year’s Day - January 1
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Martin Luther King’s Birthday - Third (3rd) Monday in January President’s Day - Third (3rd) Monday in February
Good Friday – The afternoon of the Friday before Easter Memorial Day - Last Monday in May
Juneteenth – June 19
Independence Day - July 4
Labor Day - First (1st) Monday in September
Veteran’s Day - November 11
Thanksgiving Day - Fourth (4th) Thursday in November
The Day after Thanksgiving – The Friday after the fourth (4th) Thursday in November Christmas Eve – The afternoon of December 24
Christmas Day - December 25
New Year’s Eve – The afternoon of December 31
If any Holiday listed above falls on a Saturday, Saturday and the preceding Friday are both legal Holidays. If the Holiday should fall on a Sunday, Sunday and the following Monday are both legal Holidays.
Interfacing Work - Work which connects to, abuts or meets with work of another contractor.
Laws and Regulations - Any and all applicable laws, rules, regulations, ordinances, codes and/or orders of any and all governmental bodies, agencies, authorities and courts having jurisdiction.
Lump Sum Work - Work to be paid on the basis of lump sum prices.
Mechanic’s Lien - A form of security, an interest in real property, which is held to secure the payment of an obligation. When referred to in these Contract Documents, Mechanic’s Lien or lien means Stop Notice.
Milestone - See Contract Milestone.
Mobilization - The establishment by CONTRACTOR of the temporary facilities, equipment and personnel at the site thereby enabling the WORK to commence.
Notice of Award - The written notice by OWNER to the apparent low Bidder stating that upon compliance by the apparent low Bidder with the conditions precedent enumerated therein within the time specified, OWNER will enter into an Agreement.
Notice of Completion - A form signed by DESIGN CONSULTANT, CONSTRUCTION MANAGER and CONTRACTOR recommending to OWNER that the WORK is complete and fixing the date of completion. After acceptance of the WORK by OWNER’s governing body, the form is signed by OWNER and filed with the County Recorder. This filing starts the thirty (30) Day lien filing period on the WORK.
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Notice to Proceed - The written notice issued by OWNER to CONTRACTOR authorizing CONTRACTOR to proceed with the WORK and establishing the date of commencement of the Contract Time.
OWNER’s Agent - CONSTRUCTION MANAGER is OWNER’s Agent.
OWNER - The City of El Centro, acting through its legally designated officials, officers or employees.
Partial Utilization - Use by OWNER of a substantially completed part of the WORK for the purpose for which it is intended prior to Substantial Completion of all the WORK. (See Beneficial Occupancy)
PCBs - Polychlorinated biphenyls.
Petroleum - Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (sixty (60) degrees Fahrenheit and fourteen and seventenths (14.7) pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene and oil mixed with other non-Hazardous Wastes and crude oils.
Project - The total construction of which the WORK to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents.
Radioactive Material - Source, special nuclear or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Sections 2011 et seq.) as amended from time to time.
Request for Information - The standardized form furnished by OWNER for CONTRACTOR’s use when making written requests for information to CONSTRUCTION MANAGER, and upon which the response will be answered and returned.
Request for Proposal - The standardized form used by CONSTRUCTION MANAGER to request a proposal from CONTRACTOR for proposed changes in the WORK.
Samples - Physical examples of materials, equipment or workmanship that are representative of some portion of the WORK and which establish the standards by which such portion of the WORK will be judged.
Safety - Safety includes health and security.
Shop Drawings - All drawings, diagrams, illustrations, schedules and other data which are specifically prepared by or for CONTRACTOR and submitted by CONTRACTOR to illustrate 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.
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Specifications – The directions, provisions and requirements contained in the Bidding Documents, contract forms, conditions of the Agreement and the SPECIAL PROVISIONS, as listed in the Table of Contents.
Stop Notice - A legal remedy for Subcontractors and Suppliers who contribute to public works, but who are not paid for their work, which secures payment from construction funds possessed by OWNER. For public property, the Stop Notice remedy is designed to substitute for Mechanic’s Lien rights.
Submittals - The information which is specified for submission to CONSTRUCTION MANAGER in accordance with Article 6.20 of the General Conditions.
Sub-Consultant - The individual, partnership, corporation, joint venture or other legal entity having a direct contract with DESIGN CONSULTANT, CONSTRUCTION MANAGER or with any of their consultants to furnish services with respect to the Project and who is identified as such in the Supplementary General Conditions.
Subcontractor - An individual, partnership, corporation, joint venture or other legal entity having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the WORK at the site.
Substantial Completion - Refers to when the WORK has progressed to the point where, in the opinion of CONSTRUCTION MANAGER as evidenced by Notice of Completion as applicable, it is sufficiently complete, in accordance with the Contract Documents, so that the WORK can be utilized for the purposes for which it is intended, and after the operation demonstration is complete, where applicable.
SPECIAL PROVISIONS – That section of the Contract Documents consisting of written technical descriptions of products and execution of the WORK.
Supplementary General Conditions - The part of the Contract Documents which make additions, deletions or revisions to these General Conditions.
Supplier - A manufacturer, fabricator, supplier, distributor, material worker or vendor.
Underground Utilities - All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasement containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems or water.
Unit Price Work - Specific WORK scope included in the Agreement WORK scope to be paid for on the basis of unit prices. OWNER may unilaterally direct CONTRACTOR to perform the WORK, or elect not to have the WORK performed.
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WORK - The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. WORK is the result of performing or furnishing labor and furnishing and incorporating materials and equipment into the construction, and performing or furnishing services and furnishing documents, all as required by the Contract Documents.
Work Change Directive - A written directive to CONTRACTOR, issued on or after the Effective Date of the Agreement and recommended by CONSTRUCTION MANAGER, and signed by OWNER ordering an addition, deletion or revision in the WORK, or responding to differing or unforeseen physical conditions under which the WORK is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Time, but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Time.
ARTICLE 2 -- PRELIMINARY MATTERS
2.1 DELIVERY OF BONDS/INSURANCE CERTIFICATES - When CONTRACTOR delivers the signed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds and Insurance Policies and Certificates as CONTRACTOR may be required to furnish in accordance with the Contract Documents.
2.2 COPIES OF DOCUMENTS - OWNER shall furnish to CONTRACTOR ten (10) copies of the Contract Documents as specified in the Agreement and ten (10) sets of full-scale Drawings.
Additional quantities of the Contract Documents will be furnished at reproduction cost.
2.3 COMMENCEMENT OF CONTRACT TIME; NOTICE TO PROCEED - The Contract Time will start to run on the commencement date stated in the Notice to Proceed.
2.4 STARTING THE WORK - CONTRACTOR shall begin to perform the WORK within ten (10) Days after the commencement date stated in the Notice to Proceed, but no work shall be done at the site prior to said commencement date. In addition, any requirements in the Supplemental General Conditions must be satisfied.
2.5 CONTRACTOR MUST STUDY CONTRACT DOCUMENTS - Before undertaking each part of the WORK, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements.
CONTRACTOR shall promptly report in writing to CONSTRUCTION MANAGER any conflict, error or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from CONSTRUCTION MANAGER before proceeding with any work affected thereby.
2.6 PRELIMINARY SUBMITTALS - Preliminary submittals shall be provided to CONSTRUCTION MANAGER in accordance with Division 1 requirements.
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2.7 PRECONSTRUCTION CONFERENCE - CONTRACTOR is required to attend a preconstruction conference. This conference will be attended by CONSTRUCTION MANAGER and others as appropriate in order to discuss the WORK in accordance with the applicable procedures specified in the General Requirements.
CONTRACTOR is required to schedule and attend a preconstruction conference with the Imperial Irrigation District (“IID”) prior to the construction or demolition of any electrical improvements.
2.8 SUBCONTRACTOR MOBILIZATION MEETING - Prior to the start of each major Subcontractor’s site work, CONTRACTOR, the involved Subcontractor and CONSTRUCTION MANAGER shall attend a pre-start meeting to discuss the schedule, coordination, procedures and other administrative issues.
2.9 CONTRACTOR DUTY TO ADVISE OWNER OF KNOWN OR DISCOVERED PROBLEMS - CONTRACTOR is reminded of his obligation to advise OWNER of any errors and/or omissions in the Contract Documents, or changes to thereof, which CONTRACTOR may be aware through special knowledge or discovered during the Bid process.
ARTICLE 3 -- CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE
3.1 INTENT - The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the WORK. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the place of the WORK.
3.2 INTENT OF WORK TO BE FUNCTIONALLY COMPLETE
3.2.1 Work to be Complete - It is the intent of the Contract Documents to describe the WORK to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result shall be supplied whether or not specifically called for or identified in the Contract Documents. When words or phrases which have a wellknown technical or construction industry or trade meaning are used to describe work, materials or equipment, such words or phrases shall be interpreted in accordance with that meaning unless a definition has been provided in Article 1 of the General Conditions.
3.2.2 Necessary Utilities - If utilities to equipment/fixtures are not shown but are necessary to operate the equipment/fixtures, the utilities service installation is considered to be part of the WORK. The implied WORK will conform to the appropriate sections of the technical Specifications.
3.3 CLARIFICATIONS AND INTERPRETATIONS OF THE CONTRACT DOCUMENTS
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3.3.1 Referenced Standards - Reference to standard specifications, manuals or Codes of any technical society, organization or association or to the laws or regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code or laws or regulations in effect at the time of opening of Bids, except as may be otherwise specifically stated. However, no provision of any referenced standard specification, manual or code shall be effective to change the duties and responsibilities of OWNER, CONTRACTOR or CONSTRUCTION MANAGER or any of their consultants, agents or employees from those set forth in the Contract Documents.
3.3.2 Discovery of Problem Notice - If, during the performance of the WORK, CONTRACTOR discovers any conflict, error, ambiguity or discrepancy with the WORK within the Contract Documents or between the Contract Documents and any provision of any such Laws and Regulations applicable to the performance of the WORK or of any such standard, specification, manual or code or of any instruction of any Supplier, CONTRACTOR shall report it to CONSTRUCTION MANAGER in writing within seven (7) calendar Days of discovery.
CONTRACTOR shall not proceed with the WORK affected thereby, except in an emergency, unless directed by CONSTRUCTION MANAGER. Any WORK performed by CONTRACTOR that is not directed by CONSTRUCTION MANAGER shall be at its own risk.
3.3.3 Order of Precedence of Contract Documents - In resolving conflicts resulting from errors or discrepancies in any of the Contract Documents, the order of precedence shall be as follows:
3.3.3.1 Permits from other agencies as may be required by law.
3.3.3.2 Change Orders
3.3.3.3 Agreement
3.3.3.4 Addenda
3.3.3.5 CONTRACTOR’s Bid (Bid Form)
3.3.3.6 Notice Inviting Bids
3.3.3.7 Instructions to Bidders
3.3.3.8 Supplementary General Conditions
3.3.3.9 General Conditions
3.3.3.10 SPECIAL PROVISIONS
3.3.3.11 Drawings
3.3.3.12 Referenced Standard Specifications
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3.3.4 Order of Precedence of the Drawings - With reference to the Drawings the order of precedence is as follows:
3.3.4.1 Figures govern over scaled dimensions
3.3.4.2 Detail drawings govern over general drawings
3.3.4.3 Addenda/Change Order drawings govern over Contract Drawings
3.3.4.4 Contract Drawings govern over standard drawings
3.4 AMENDING AND SUPPLEMENTING CONTRACT DOCUMENTS
3.4.1 Amending Contract Documents - The Contract Documents may be amended to provide for additions, deletions and revisions in the WORK or to modify the terms and conditions thereof by a Change Order pursuant to Article 10.
3.4.2 Supplementing Contract Documents - The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the WORK may be authorized, by:
3.4.2.1 - A Construction Manager Order issued by CONSTRUCTION MANAGER.
3.4.2.2 - DESIGN CONSULTANT’s approval of a Shop Drawing or Sample pursuant to Article 6 3.4.2.3 - DESIGN CONSULTANT’s written interpretation or clarification
3.5 REUSE OF DOCUMENTS - Neither CONTRACTOR, nor any Subcontractor or Supplier, nor any other person or organization performing any of the WORK under a contract with OWNER shall have or acquire any title to or ownership rights in any of the Drawings, technical Specifications or other documents used on the WORK, and they shall not reuse any of them on the extensions of the Project or any other project without written consent of OWNER.
ARTICLE 4 -- AVAILABILITY OF LANDS; PHYSICAL CONDITIONS; REFERENCE POINTS
4.1 AVAILABILITY OF LANDS - OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the WORK is to be performed, rights-of-way and easements for access thereto, and such other lands which are designated for the use of CONTRACTOR.
Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise provided in the Contract Documents. Nothing contained in the Contract Documents shall be interpreted as giving CONTRACTOR exclusive occupancy of the lands or rights-of-way provided. CONTRACTOR shall provide, at no additional cost, for all additional lands and access thereto that may be required for temporary construction facilities, borrow areas, waste disposal areas or storage of materials and equipment; provided that CONTRACTOR shall not enter upon nor use any property not under the control of OWNER until
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a written temporary construction easement agreement has been executed by CONTRACTOR and the property owner, and a copy of said easement furnished to CONSTRUCTION MANAGER prior to said use; and, neither OWNER nor CONSTRUCTION MANAGER shall be liable for any claims or damages resulting from CONTRACTOR’s unauthorized trespass or authorized use of any such properties.
4.2 PHYSICAL SITE CONDITIONS
4.2.1 Reports and Drawings - Reference is made to the Supplementary General Conditions for identification of:
4.2.1.1 Subsurface Condition Reports - Those reports of explorations and tests of subsurface conditions at or contiguous to the site that have been utilized by DESIGN CONSULTANT in preparing the Contract Documents; and
4.2.1.2 Drawings of Existing Structures - Reference is made to the Supplementary General Conditions for identification of those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Utilities referred to in section 4.4 of Article 4 herein) which are at or contiguous to the site that have been utilized in the preparation of the Contract Documents.
4.2.2 Limited Reliance By CONTRACTOR On The Technical Data - CONTRACTOR may rely upon the accuracy of the technical data contained in such drawings or reports, however, nontechnical data, interpretations and opinions contained in such drawings or reports are not to be relied on by CONTRACTOR. CONTRACTOR may not rely upon or make any claims against OWNER, DESIGN CONSULTANT or CONSTRUCTION MANAGER with respect to:
4.2.2.1 the completeness of such reports and drawings for CONTRACTOR’s purposes, including, but not limited to, any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and Safety precautions and programs incident thereto, or
4.2.2.2 other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings, or
4.2.2.3 any CONTRACTOR interpretation of or conclusion drawn from any technical data or any such data, interpretations, opinions or information.
4.3 DIFFERING SITE CONDITIONS - If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either:
4.3.1 is of such a nature as to establish that any technical data on which CONTRACTOR is entitled to rely as provided in paragraphs 4.2.1 is materially inaccurate, or
4.3.2 is of such a nature as to require a change in the Contract Documents, or
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4.3.3 differs materially from that shown or indicated in the Contract Documents, or
4.3.4 is of an unusual nature and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents, CONTRACTOR shall immediately report it to CONSTRUCTION MANAGER then CONTRACTOR shall, promptly after becoming aware thereof and before further disturbing conditions thereby or performing any work in connection therewith (except in an emergency as permitted by paragraph 6.23), notify OWNER and CONSTRUCTION MANAGER in writing about such condition. CONTRACTOR shall not further disturb such conditions or perform any work in connection therewith (except as aforesaid) until receipt of written order to do so.
4.3.5 OWNER Responsibility - OWNER shall promptly investigate the conditions, and if it finds that the conditions do materially so differ and cause a decrease or increase in CONTRACTOR’s cost of, or the time required for, performance of any part of the WORK, OWNER shall issue a Change Order under the procedures described in Article 10. If OWNER determines that there is no bona fide work scope change or is a minor change which does not impact time or cost, OWNER shall notify CONTRACTOR of this finding within thirty (30) Days.
4.3.6 Disputed Work – If CONTRACTOR and OWNER are unable to reach agreement on Disputed Work, OWNER may direct CONTRACTOR to proceed with the WORK. Payment shall be as later directed by mediation or arbitration, if OWNER and CONTRACTOR agree thereto, or as fixed in a court of law.
Although not to be construed as proceeding under extra work provisions, CONTRACTOR shall keep and furnish records of Disputed Work in accordance with 11.3.
4.3.7 Disallowance of Entitlement - CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Contract Time or will be deemed to have waived his right to such a claim if:
4.3.7.1 CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Contract Price and Contract Time by the submission of a Bid or becoming bound under the Agreement; or
4.3.7.2 the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation of the site and contiguous areas suggested or required by the Bidding Documents: or
4.3.7.3 CONTRACTOR failed to give the written notice within the time and as required by Article
3.3.2. 4.4 UNDERGROUND UTILITIES
4.4.1 Utilities Indicated - The information and data indicated in the Contract Documents with respect to existing Underground Utilities at or contiguous to the site are based on information and data furnished to OWNER or CONSTRUCTION MANAGER by the owners of such Underground Utilities or by others. Unless it is expressly provided in the Supplementary General Conditions
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and/or the General Conditions, OWNER and CONSTRUCTION MANAGER shall not be responsible for the accuracy or completeness of any such information or data, and CONTRACTOR shall have full responsibility for reviewing and checking all such information and data, for locating all Underground Utilities indicated in the Contract Documents, for coordination of the WORK with the owners of such Underground Utilities during construction, for the Safety and protection thereof and repairing any damage thereto resulting from the WORK, the cost of which will be considered as having been included in the Contract Price.
4.4.2 Utilities Not Indicated - If Underground Utilities are uncovered or revealed at or contiguous to the site which was not indicated in the Contract Documents and which CONTRACTOR could not reasonably have been expected to be aware of, CONTRACTOR shall identify the owner of such Underground Utilities and give written notice thereof to that owner and shall notify CONSTRUCTION MANAGER in accordance with the requirements of the General Conditions and General Requirements.
4.4.3 Action Prior To Starting Work - As provided in section 4216 of the California Government Code, at least two (2) working Days prior to commencing any excavation, CONTRACTOR shall contact the regional notification center (Underground Service Alert of Southern California) and obtain an inquiry identification number.
4.4.4 Locate Utilities - CONTRACTOR shall determine the location and depth of all utilities, including service connections, which have been marked by the respective owners and which may affect or be affected by its operations. Full compensation for such work shall be considered as included in CONTRACTOR’s Bid price.
4.4.5 Protection Of Utilities - CONTRACTOR shall not interrupt the service function or disturb the support of any utility, without authority from OWNER or order from the utility owner. All valves, switches, vaults and meters shall be maintained readily accessible for emergency shutoff.
Where protection is required to ensure support of utilities located as shown on the Plans, CONTRACTOR shall, unless otherwise provided, furnish and place the necessary protection at its expense.
4.4.6 Notification Requirements If Utility Disturbed - CONTRACTOR shall immediately notify CONSTRUCTION MANAGER and utility owner if any utility is disturbed or damaged.
CONTRACTOR shall bear the costs of repair or replacement of any utility damaged by CONTRACTOR.
4.4.7 Removal Of Abandoned Utilities - Unless otherwise specified, CONTRACTOR shall remove all interfering portions of utilities shown on the Plans or indicated in the Bidding Documents as abandoned. Before starting removal operations, CONTRACTOR shall ascertain from the Utility Owner whether the abandonment is complete. The costs involved in the removal and disposal shall be included in the price for the item of work necessitating such removals.
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4.4.8 Relocation Of Utilities
4.4.8.1 When the Plans or Specifications provide for CONTRACTOR to alter, relocate or reconstruct a utility, all costs for such work shall be included in the Bid.
4.4.8.2 Temporary or permanent relocation or alteration of indicated utilities requested by CONTRACTOR for its convenience shall be its responsibility, and CONTRACTOR shall make all arrangements and bear all costs.
4.4.8.3 After award of the Agreement, portions of utilities not indicated in the Contract Documents which are found to interfere with the WORK may be relocated, altered or reconstructed by the utility owner, or CONSTRUCTION MANAGER may order changes in the WORK to avoid interference. Such changes will be paid for in accordance with Article 10.
4.4.9 Delays
4.4.9.1 CONTRACTOR shall immediately notify in writing the utility owner and CONSTRUCTION MANAGER of its construction schedule and any subsequent changes in the construction schedule which will affect the time available for protection, removal or relocation of utilities.
4.4.9.2 CONTRACTOR will not be entitled to damages or additional payment for delays attributable to utility relocations or alterations if correctly located, as noted in the Contract Documents.
4.4.9.3 CONTRACTOR may be given a no cost extension of time for unforeseen delays attributable to unreasonably protracted interferences by others in the relocation of utilities.
4.4.10 Access to the WORK - When necessary, CONTRACTOR shall so conduct its operations as to permit access to the WORK site and provide time for utility work to be accomplished during normal work hours during the progress of the WORK.
4.5 REFERENCE POINTS
4.5.1 Bench Mark - The CONSTRUCTION MANAGER will provide one (1) benchmark, near or on the site of the WORK, and will provide two (2) points near or on the site to establish a base line for use by CONTRACTOR for alignment control. Unless otherwise specified in the General Requirements, CONTRACTOR shall furnish all other lines, grades and benchmarks required for proper execution of the WORK.
4.5.2 Protection of Bench Marks - CONTRACTOR shall preserve all bench marks, stakes and other survey marks, and in case of their removal or destruction by any party, CONTRACTOR shall be responsible for the accurate replacement of such reference points by personnel qualified under Division 3, Chapter 15 of the California Business and Professions Code. CONTRACTOR shall report to CONSTRUCTION MANAGER whenever a reference point is lost, destroyed or requires relocation.
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4.6 ASBESTOS, PCBS, PETROLEUM, HAZARDOUS WASTE OR RADIOACTIVE
MATERIAL
4.6.1 OWNER Responsibility - OWNER shall be responsible for any hazardous material which includes hazardous substances and hazardous waste as defined by sections 25316 and 25117 of the Health and Safety Code, uncovered or revealed at the site which was not identified in the Contract Documents to be within the scope of the WORK. OWNER shall not be responsible for any such materials brought to the site by CONTRACTOR, Subcontractors, Suppliers or anyone else for whom CONTRACTOR is responsible.
4.6.2 CONTRACTOR’s Responsibility - When such hazardous material is encountered, CONTRACTOR shall immediately stop all work in connection with such hazardous condition in any area affected thereby (except in an emergency as required by Article 6) and notify OWNER and CONSTRUCTION MANAGER in writing. OWNER shall promptly evaluate such hazardous condition and take corrective action. CONTRACTOR shall not be required to resume work in any such affected area until after OWNER has delivered to CONTRACTOR written notice specifying that such condition and any affected area has been rendered safe for the re-assumption of work, or specifying any special conditions under which such work may be resumed safely.
4.6.3 Dispute - If, after receipt of such special written notice, CONTRACTOR does not agree to resume work based on a reasonable belief it is unsafe, or does not agree to resume work under such special conditions, then OWNER may order such portion of the work that is in connection with such hazardous condition or in such affected area to be deleted from the WORK. OWNER may have such deleted portion of the work performed by OWNER’s own forces or others in accordance with Article 7. If OWNER and CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Time as a result of work stoppage or of deleting such portion of the WORK, then either party may make a Claim as provided in Article 16.
4.6.4 NOT USED
ARTICLE 5 -- BONDS AND INSURANCE
5.1 PERFORMANCE, PAYMENT AND OTHER BONDS
5.1.1 Bond Requirement - CONTRACTOR shall furnish Performance and Payment Bonds, each in the amount set forth in the Supplementary General Conditions as security for the faithful performance and payment of all CONTRACTOR’s obligations under the Contract Documents.
These Bonds shall remain in effect at least until one (1) year after the filing date of Notice of Completion, except as otherwise provided by law or regulation or by the Contract Documents.
CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary General Conditions.
5.1.2 Licensed Surety - All Bonds shall be in the form prescribed by the Contract Documents and by such sureties which are admitted insurers in the State of California and are subject to
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regulation by the Department of Insurance, and which also satisfy the requirements stated in section 995.660 of the Code of Civil Procedure, except as provided otherwise by Laws or Regulations. All Bonds signed by an agent must be accompanied by a certified copy of such agent’s authority to act. Surety companies must be duly licensed or authorized in the jurisdiction in which the Project is located to issue Bonds for the limits so required. Such surety companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary General Conditions.
5.1.3 Bankrupt or Insolvent Surety - If the surety on any Bond furnished by CONTRACTOR is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the WORK is located, CONTRACTOR shall within seven (7) Days thereafter substitute another Bond and Surety, which must be acceptable to OWNER per paragraph 5.1.1 and
5.1.2 above.
5.2 NOT USED
ARTICLE 6 -- CONTRACTOR’S RESPONSIBILITIES
6.1. Responsibility Of CONTRACTOR To Perform - Unless otherwise specified in the Contract Documents, CONTRACTOR shall furnish and assume full responsibility for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities and all other facilities and incidentals necessary for the furnishing, performance, testing, start-up and completion of the WORK. Such support that may need to be provided after normal working hours will be provided by CONTRACTOR at its expense.
6.2 Labor, Materials and Equipment All materials and equipment to be incorporated into the WORK shall be of good quality and new, except as otherwise provided in the Contract Documents.
All warranties and guarantees specifically called for by the Specifications shall expressly run to the benefit of OWNER. If required by CONSTRUCTION MANAGER, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable Supplier except as otherwise provided in the Contract Documents; but no provisions of any such instructions will be effective to assign to CONSTRUCTION MANAGER, any duty or authority to supervise or direct the furnishing or performance of the WORK.
6.2.1 The completed work shall include all necessary permanent Safety devices, such as machinery guards, emergency stops and similar Safety items required by OSHA, Cal-OSHA and other Federal, State and local health and Safety regulations. In addition, all equipment, products, components and/or package systems shall be designed, fabricated and installed in compliance with Seismic Zone 4 structural criteria. Further, any features of the work (including OWNER-selected equipment) subject to such Safety regulations and structural criteria shall be fabricated, furnished and installed in compliance with Seismic Zone 4 structural criteria. CONTRACTOR shall include
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provisions of this Article in his agreements with Subcontractors, Suppliers and manufacturers of equipment and/or products.
In selecting and/or accepting equipment and/or products for installation in the WORK, OWNER, DESIGN CONSULTANT and CONSTRUCTION MANAGER assume no responsibility for the injury, property damage or any other damages or claims resulting from failure of the equipment, products, components and/or package systems to comply with applicable Safety Codes or requirements, or the Safety requirements of a recognized agency, or failure due to manufacturer’s faulty design concepts, or Defective Work and materials. CONTRACTOR shall defend, indemnify and hold OWNER, DESIGN CONSULTANT and CONSTRUCTION MANAGER harmless against any and all liability, claims, suits, damages, costs or expenses caused or claimed to be caused in whole or in part by the negligence or willful misconduct of the construction CONTRACTOR connected with the WORK. However, this indemnity will not extend to any loss, damage or expense caused by the established sole gross negligence or willful misconduct of OWNER or OWNER’s Agents, servants or independent contractors.
6.3 SUPERVISION, SUPERINTENDENCE AND QUALITY - CONTRACTOR shall supervise, inspect and direct the WORK competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the WORK in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction and Safety precautions and programs incidental thereto. CONTRACTOR shall be responsible to see that the completed WORK complies accurately with the Contract Documents. CONTRACTOR is solely responsible for the quality of the WORK.
6.4 SUPERINTENDENT
6.4.1 Written Designation of Superintendent - CONTRACTOR shall designate in writing and keep on the work site at all times during its progress a technically qualified, English-speaking superintendent and an alternate who are employees of CONTRACTOR and who shall not be replaced without written notice to OWNER and CONSTRUCTION MANAGER. The superintendent will be CONTRACTOR’s representative at the site and shall have authority to act on behalf of CONTRACTOR. All communications given to the superintendent shall be as binding as if given to CONTRACTOR. CONTRACTOR shall issue all its communications to OWNER and DESIGN CONSULTANT through CONSTRUCTION MANAGER.
6.4.2 Superintendent’s Presence at Site - CONTRACTOR’s superintendent or alternate shall be present at the site of the WORK at all times while work is in progress, and shall be available by phone for emergencies twenty-four (24) hours per Day, seven (7) Days per week. Failure to observe this requirement shall be considered suspension of the WORK by CONTRACTOR until such time as such the superintendent is again present at the site.
6.4.3 Removal of Superintendent - Upon written notice, OWNER may require replacement and removal from the WORK of CONTRACTOR’s superintendent with cause, in which case CONTRACTOR shall submit a replacement superintendent subject to approval by OWNER, at no
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increase in Contract Price or Contract Time. Repeated Safety violation on the job site will be sufficient grounds for directing such replacement.
6.5 LABOR - CONTRACTOR shall provide competent, suitably-qualified personnel to survey and lay out the WORK and perform construction as required by the Contract Documents. Any person employed who is found to be incompetent, intemperate, troublesome, disorderly or otherwise objectionable, or who fails or refuses to perform work properly, acceptably and safely, shall be immediately removed from the WORK by CONTRACTOR and not be reemployed on the WORK. CONTRACTOR shall furnish, erect, maintain and remove the construction plant and any temporary works as may be required. CONTRACTOR shall at all times maintain good discipline and order at the site and will not permit the use or consumption of drugs (illegal substances) or alcoholic beverages at the site.
6.5.1 No Additional Compensation for Overtime - Except as otherwise provided in this Article, CONTRACTOR shall receive no additional compensation for overtime work, (i.e., work in excess of eight (8) hours in any one (1) calendar Day or forty (40) hours in any one (1) calendar week) even though such overtime work may be required under emergency conditions and may be ordered by CONSTRUCTION MANAGER in writing. Additional compensation will be paid CONTRACTOR for overtime work only in the event extra work is ordered by CONSTRUCTION MANAGER, and the Change Order specifically authorizes the use of overtime work and then only to such extent as overtime wages are regularly being paid by CONTRACTOR for overtime work of a similar nature in the same locality.
6.5.2 Approval Required to Work Outside Normal Work Hours - Except in connection with the Safety or protection of persons or the WORK or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all work at the site shall be performed during normal working hours, and CONTRACTOR will not permit overtime work or the performance of work on Saturday, Sunday or any holiday observed by OWNER without OWNER’s written consent. CONTRACTOR shall apply for this consent through CONSTRUCTION MANAGER. CONSTRUCTION MANAGER has to approve CONTRACTOR working Holidays, weekends or overtime. CONTRACTOR will be responsible for reimbursing OWNER for all cost to provide inspection services required to monitor WORK outside of normal working hours. CONTRACTOR will be charged for this actually incurred direct hourly cost plus OWNER-approved overhead cost plus OWNER-approved profit, and a deductive Change Order will be issued to cover this expense.
6.5.3 SUBCONTRACT LIMITATIONS - CONTRACTOR shall perform not less than twenty (20) percent of the WORK with its own forces without subcontracting. This requirement refers to the WORK whose value will not be less than twenty (20) percent of the Contract Price.
6.6 PROGRESS SCHEDULE - CONTRACTOR shall adhere to the progress schedule established in accordance with the General Requirements as it may be adjusted from time to time as provided below:
6.6.1 Non Impacting Adjustments - CONTRACTOR shall submit to CONSTRUCTION MANAGER for acceptance proposed adjustments in the progress schedule that will not change
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the Contract Time (or Milestones). Such adjustments will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto.
6.6.2 Revisions To Milestones - Proposed revisions in the progress schedule that will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of Article
12. Such adjustments may only be made by a Change Order in accordance with Article 12 of the General Conditions.
6.7 SUBSTITUTES OR “OR-EQUAL” ITEMS - Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent or “or-equal” item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to CONSTRUCTION MANAGER for review under the circumstances described below.
6.7.1 “Or-Equal” Items: If in CONSTRUCTION MANAGER’s sole discretion an item of material or equipment proposed by CONTRACTOR is functionally equal to that named and sufficiently similar so that no change in the WORK will be required, it may be considered by CONSTRUCTION MANAGER as an “or-equal” item, in which case review and approval of the proposed item may, in CONSTRUCTION MANAGER’s sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. A proposed item of material or equipment will be considered functionally equal to an item so named if:
a. in the exercise of reasonable judgment CONSTRUCTION MANAGER determines that:
i. it is at least equal in materials of construction, quality, durability, appearance, strength and design characteristics;
ii. it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the WORK as a functioning whole; iii. it has a proven record of performance and availability of responsive service; and
b. CONTRACTOR certifies that, if approved and incorporated into the WORK:
i. there will be no increase in cost to OWNER or increase in Contract Time, and
ii. it will conform substantially to the detailed requirements of the item named in the Contract Documents.
6.7.2 Substitute Items
a. If in CONTRACT MANAGER’s sole discretion an item of material or equipment proposed by CONTRACTOR does not qualify as an “or-equal,” it will be considered a proposed substitute item.
b. CONTRACTOR shall submit sufficient information as provided below to allow CONTRACT MANAGER to determine that the item of material or equipment
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proposed is essentially equivalent to that named and an acceptable substitute therefore. Requests for review of proposed substitute items of material or equipment will not be accepted by CONTRACT MANAGER from anyone other than CONTRACTOR.
c. The procedure requirements for review by CONTRACT MANAGER will be as set forth in Paragraph 6.7.2.d, and as CONTRACT MANAGER may decide is appropriate under the circumstances.
d. CONTRACTOR shall make written application to CONTRACT MANAGER for review of a proposed substitute item of material or equipment that CONTRACTOR seeks to furnish or use. The application:
i. shall certify that the proposed substitute item will:
1. perform adequately the functions and achieve the results called for by the general design,
2. be similar in substance to that specified, and
3. be suited to the same use as that specified;
ii. will state:
1. the extent, if any, to which the use of the proposed substitute item will prejudice CONTRACTOR’s achievement of Substantial
Completion on time;
2. whether or not use of the proposed substitute item in the WORK will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for other work on the Project) to adapt the design to the proposed substitute item; and
3. whether or not incorporation or use of the proposed substitute item in connection with the WORK is subject to payment of any license fee or royalty;
iii. will identify:
1. all variations of the proposed substitute item from that specified, and
2. available engineering, sales, maintenance, repair and replacement services;
iv. and shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change.
6.7.3 Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence or procedure of construction is expressly required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, technique, sequence or procedure of construction approved by CONTRACT MANAGER. CONTRACTOR shall submit sufficient information to allow CONTRACT MANAGER, in CONTRACT MANAGER’s sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by CONTRACT MANAGER will be similar to those provided in Paragraph 6.7.2.d.
6.7.4 Contract Manager’s Evaluation: CONTRACT MANAGER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs
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6.7.2.d and 6.7.3. CONTRACT MANAGER may require CONTRACTOR to furnish additional data about the proposed substitute item. CONTRACT MANAGER will be the sole judge of acceptability. No “or equal” or substitute will be ordered, installed or utilized until CONTRACT MANAGER’s review is complete, which will be evidenced by either a Change Order for a substitute or an approved Shop Drawing for an “or equal.” CONTRACT MANAGER will advise CONTRACTOR in writing of any negative determination.
6.7.5 Special Guarantee: OWNER may require CONTRACTOR to furnish at CONTRACTOR’s expense a special performance guarantee or other surety with respect to any substitute.
6.7.6 Contract Manager’s Cost Reimbursement: CONTRACT MANAGER will record CONTRACT MANAGER’s costs in evaluating a substitute proposed or submitted by CONTRACTOR pursuant to Paragraphs 6.7.2.d and 6.7.3. Whether or not CONTRACT MANAGER approves a substitute item so proposed or submitted by CONTRACTOR, CONTRACTOR shall reimburse OWNER for the charges of CONTRACT MANAGER for evaluating each such proposed substitute. CONTRACTOR shall also reimburse OWNER for the charges of CONTRACT MANAGER for making changes in the Contract Documents (or in the provisions of any other direct contract with OWNER) resulting from the acceptance of each proposed substitute.
6.7.7 CONTRACTOR’s Expense: CONTRACTOR shall provide all data in support of any proposed substitute or “or-equal” at CONTRACTOR’s expense
6.8 PROJECT SITE COORDINATION
6.8.1 Work By Others - CONTRACTOR shall be responsible for ascertaining the nature and extent of any simultaneous, collateral and essential work by others as described in the General Requirements.
CONTRACTOR shall provide staging areas and include work windows for work by others into the overall construction schedule. No additional working days will be allowed for CONTRACTOR’s failure to coordinate work by others.
6.8.2 Coordination Of Work - OWNER, CONTRACTOR and each of such workers, contractors and others shall cooperate to minimize interference.
6.8.3 Cost Of Coordination - CONTRACTOR shall include in its Bid all costs involved as a result of coordinating its WORK with others. CONTRACTOR will not be entitled to additional compensation from OWNER for damages resulting from such simultaneous, collateral and essential work. CONTRACTOR’s sole and exclusive remedy as a third party beneficiary to other prime contracts for damages caused by another contractor will be a direct action against the separate contractor. If necessary to avoid or minimize such damage or delay, CONTRACTOR shall redeploy its work force to other parts of the WORK.
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6.8.4 Obligation to Provide Access - CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility owner (or OWNER, if OWNER is performing the additional work with OWNER’s employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work, and shall properly connect and coordinate work performed by others with their WORK as described in these Contract Documents.
6.8.5 CONTRACTOR shall do all cutting, fitting and patching of the WORK that may be required to make its several parts come together properly and integrate with such other work.
6.8.6 CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of CONSTRUCTION MANAGER and the others whose work will be affected.
6.9 COORDINATION WITH SUBCONTRACTORS AND SUPPLIERS
6.9.1 CONTRACTOR shall be solely responsible for scheduling and coordinating the WORK of Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the WORK under a direct or indirect contract with CONTRACTOR. CONTRACTOR shall require all Subcontractors, Suppliers and such other persons and organizations performing or furnishing any of the WORK to communicate with CONSTRUCTION MANAGER through CONTRACTOR. All WPRL performed by a Subcontractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents.
6.9.2 Subcontractor has no contractual relationship with OWNER. Nothing contained in this Article shall create any contractual relationship between any Subcontractor and OWNER or CONSTRUCTION MANAGER, nor relieve CONTRACTOR of any liability or obligation under the Agreement. CONTRACTOR shall include these General Conditions and the Supplementary General Conditions as a part of all its subcontract agreements.
6.9.3 DIVISION OF WORK - The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the WORK among Subcontractors or Suppliers or delineating the WORK to be performed by any specific trade.
6.10 PATENT FEES AND ROYALTIES - CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the WORK or the incorporation in the WORK of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product or device is specified in the Contract Documents for use in the performance of the WORK and if to the actual knowledge of OWNER, or DESIGN CONSULTANT, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents.
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6.11 PERMITS - Unless otherwise provided in the Supplementary General Conditions, CONTRACTOR shall obtain and pay for all construction permits and licenses from the agencies having jurisdiction, including the furnishing of insurance and Bonds if required by such agencies.
The enforcement of such requirements under this Agreement shall not be made the basis for claims for additional compensation. OWNER shall assist CONTRACTOR, only when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the WORK, which are applicable at the time of opening of Bids. CONTRACTOR shall pay all charges of utility owners for connections to the WORK.
6.12 LAWS AND REGULATIONS - CONTRACTOR shall observe and comply with all Federal, State and local laws, ordinances, Codes, orders and regulations which in any manner affect those engaged or employed on the WORK, the materials used in the WORK or the conduct of the WORK. If any discrepancy or inconsistency should be discovered in this Agreement in relation to any such law, ordinance, code, order or regulation, CONTRACTOR shall immediately report the same in writing to CONSTRUCTION MANAGER.
6.13 TAXES - CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the WORK. OWNER is not exempt from sales tax.
6.14 Intentionally Omitted.
6.15 USE OF PREMISES
6.15.1 General - CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the operations of workers to the Project site, the land and areas identified in and permitted by the Contract Documents and the other land and areas permitted by Laws and Regulations, rights-of-way, permits and easements as approved by CONSTRUCTION MANAGER. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any land or areas contiguous thereto, resulting from the performance of the WORK. Should any claim be made against OWNER or CONSTRUCTION MANAGER by any such owner or occupant because of the performance of the WORK, CONTRACTOR shall promptly attempt to settle with such other party by agreement or otherwise resolve the claim through litigation.
6.16 PROJECT SITE MAINTENANCE AND INTERFERENCE WITH ADJACENT
PROPERTY
6.16.1 Cost of General Requirements in Contract Price - CONTRACTOR is obligated to comply with the General Requirements. All costs associated with this compliance are to be included in the basic Contract Price.
6.16.2 Vehicle Load Limits - When materials are transported in prosecuting the WORK, vehicles shall not be loaded beyond the loading capacity recommended by the manufacturer of the vehicle
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or prescribed by law or regulation. When it is necessary to cross curbs, sidewalks or drainage facilities CONTRACTOR shall protect them from damage.
6.16.3 Work Outside The Agreement Limits - Despite the designation of Contract Documents or the indication of temporary fences or barricades, the provisions of the Contract Documents governing certain portions of the WORK may require that certain operations be carried out beyond such limits. In those cases, trenching, utility work, site development and landscaping shall be scheduled so as to occasion a minimum of inconvenience or disturbance to or interference with the normal operation of the owner, abutters and the public. CONTRACTOR shall obtain CONSTRUCTION MANAGER’s prior approval and all necessary approvals from other agencies, public entities or the government for such operations, and prosecute such operations expeditiously and restore the premises affected to their original condition immediately upon completion of such operations, unless otherwise specified in the Contract Documents. All existing walks, roadways, paved or landscaped areas on which temporary driveways or walks are rerouted shall be restored to their original condition, immediately upon completion of those phases of the WORK, unless otherwise specified in the Contract Documents. Pumping, draining and control of surface and ground water shall be carried out so as to avoid endangering the WORK or any adjacent facility or property, or interrupting, restricting or otherwise infringing or interfering with its use.
6.16.4 Responsibilities For Damage - All damage, injury or loss to any persons or property caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the WORK or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or CONSTRUCTION MANAGER or DESIGN CONSULTANT). CONTRACTOR’s duties and responsibilities for Safety and for protection of the WORK shall continue until such time as all the WORK is completed and CONSTRUCTION MANAGER has issued a notice to OWNER and CONTRACTOR in accordance with Article 14 that the WORK is complete.
6.17 CONTRACTOR’S DAILY REPORTS - CONTRACTOR shall complete a daily report indicating his total manpower for each construction trade, major equipment on site, each Subcontractor’s manpower, weather conditions and any other items required by CONSTRUCTION MANAGER. The daily report shall be completed on forms provided by CONSTRUCTION MANAGER and shall be submitted to CONSTRUCTION MANAGER by 9:00 a.m. the following work Day. The report should comment on the daily progress and status of the work within each major component of the WORK. These components will be determined by CONSTRUCTION MANAGER. Submitting acceptable daily reports as required is a precondition to approval of the monthly progress payment. However, these reports are not to be used to meet the notice requirements contained elsewhere in the General Conditions.
6.18 SAFETY
6.18.1 Safety Plan - CONTRACTOR will be required to comply with General Requirements provided by CONSTRUCTION MANAGER. CONTRACTOR shall submit a written Safety plan to CONSTRUCTION MANAGER prior to commencement of any work on site. CONTRACTOR
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shall be responsible for initiating, maintaining and supervising all Safety precautions and programs in connection with the WORK.
6.18.2 Safety Laws and Regulations - CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for the Safety of persons or property or to protect them from damage, injury or loss and shall erect and maintain all necessary safeguards for such Safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Utilities when prosecution of the WORK may affect them and shall cooperate with them in the protection, removal, relocation and replacement of their property.
6.18.3 Safety Representative - CONTRACTOR shall designate a qualified and experienced Safety representative at the site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of Safety precautions and program. The Safety representative must meet the requirements stated in Supplemental General Conditions 6.18 “Safety.”
6.18.4 Safety Orders - CONTRACTOR shall have at the WORK site as applicable, copies or suitable extracts of: Construction Safety Orders, Tunnel Safety Orders and General Industry Safety Orders issued by the State Division of Industrial Safety. CONTRACTOR shall comply with provisions of these and all other applicable laws, ordinances and regulations.
6.18.5 Trench Shoring Plan - Before excavating any trench five (5) feet or more in depth, CONTRACTOR shall submit to OWNER a detailed plan showing the design of shoring, bracing, sloping or other provisions to be made for the workers’ protection from the hazard of caving ground during the excavation of such trench. If the plan varies from the shoring system standards, the plan shall be prepared by a California registered civil construction manager. No excavation shall start until CONSTRUCTION MANAGER has accepted the plan and CONTRACTOR has obtained a permit from the State Division of Industrial Safety. A copy of the permit shall be submitted to CONSTRUCTION MANAGER and posted at the site.
6.18.6 Use of Explosives - Explosives may be used only when authorized in writing by CONSTRUCTION MANAGER, or as otherwise stated in the Specifications. Explosives shall be handled, used and stored in accordance with all applicable regulations. CONSTRUCTION MANAGER’s approval of the use of explosives shall not relieve CONTRACTOR from liability for claims caused by blasting operations.
6.18.7 Hazardous Communication Program
6.18.7.1 Notification to employees is required when materials that contain hazardous substances or mixtures are required on the WORK. A material safety data sheet as described in section 5194 of the California Code of Regulations shall be requested by CONTRACTOR from the manufacturer of any hazardous product used.
6.18.7.2 Material usage shall be accomplished with strict adherence to California Division of Industrial Safety requirements and all manufacturer’s warnings and application instructions listed on the material safety data sheet and on the product container label.
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6.18.7.3 CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the site in accordance with laws or regulations, with copies to CONSTRUCTION MANAGER.
6.18.7.4 Unsafe Products - CONTRACTOR shall notify CONSTRUCTION MANAGER if it considers a specified or required product or its intended usage to be unsafe. This notification must be given to CONSTRUCTION MANAGER prior to the product being ordered, or if provided by some other party, prior to the product being used or incorporated in the WORK.
6.18.8 Safety Measures In Bid - Payment for performing all work necessary to provide Safety measures shall be included in the prices bid for other items of work except where separate bid items for excavation Safety are provided.
6.18.9 Safety Reporting
6.18.9.1 Weekly First Aid Logs - This log should be delivered to CONSTRUCTION MANAGER three (3) Days after the weekly reporting period.
6.18.9.2 Accident and Injury Reports - This report should be delivered within twenty-four (24) hours of the injury or accident.
6.18.10 CONSTRUCTION MANAGER Safety Deficiency Report - CONTRACTOR is required to respond to this report within two (2) working Days explaining his corrective action and proposed schedule for this action.
6.19 EMERGENCY - In emergencies affecting the Safety or protection of persons or the WORK or property at or adjacent to the site, CONTRACTOR, without special instruction or authorization from CONSTRUCTION MANAGER, is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give CONSTRUCTION MANAGER prompt written notice if CONTRACTOR believes that any significant changes in the WORK have resulted because of the action taken in response to an emergency. If it is determined by OWNER that a change is required, a change shall be authorized by Change Order.
6.20 SHOP DRAWINGS AND SAMPLES
6.20.1 After checking and verifying all field measurements and after complying with applicable procedures specified in the General Requirements, CONTRACTOR shall submit to CONSTRUCTION MANAGER for DESIGN CONSULTANT’s review all Shop Drawings in accordance with the accepted schedule of Shop Drawings Submittals specified in Bidding Documents section Bid Forms.
6.20.2 CONTRACTOR shall also submit to CONSTRUCTION MANAGER for review all Samples in accordance with the accepted schedule of sample Submittals specified in the General Requirements.
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6.20.3 Before submittal of each Shop Drawing or Sample, CONTRACTOR shall have determined and verified all quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar data with respect thereto and reviewed or coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the WORK and the Contract Documents.
6.20.4 CONTRACTOR shall, at his own expense, furnish for review, and obtain approval by the CONSTRUCTION MANAGER, three (3) copies each of detailed submittals for materials, installation drawings, and construction procedures for the following:
Any material which differ from that specified with a brand name on the Plans and in this Special Provisions
Public notification flyers
Traffic control plans
Portland cement concrete design mix
Crack Seal mixes
Slurry Seal mixes
Conventional Asphalt mixes
Class II Base
Tack Coat Oil
TruPave or approved equal fabric
ARHM submittal
ARAM submittal
Manhole Lid and/or material pertaining to the adjustment Valve Can, Lid and/or material pertaining to the adjustment Monument Well Can, Lid and/or material pertaining to the adjustment Monument Preservation Certificate (prior to any construction/demolition activities) Striping plans / Contractor notes
Striping Paint, Thermoplastic, reflective beads, pavement markers and other material pertaining to installation of new traffic striping
In addition, OWNER’s representative may, at his discretion, require shop drawings on other equipment or construction activities not included in the above list. OWNER’s representative shall have ten (10) working days to review and return the shop drawings to CONTRACTOR after receipt of said drawings.
6.21 SUBMITTAL ACCEPTANCE
6.21.1 DESIGN CONSULTANT Review Scope and Limitation - DESIGN CONSULTANT will review and approve Shop Drawings and Samples. DESIGN CONSULTANT’s review and approval will be only to determine if the items covered by the Submittals will, after installation or incorporation in the WORK, conform to the information given in the Contract Documents and be
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compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. DESIGN CONSULTANT’s review and approval will not extend to means, methods, techniques, sequences or procedures of construction except where a particular means, method, technique, sequence or procedure of construction is specifically and expressly called for by the Contract Documents or to Safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR shall make corrections required by DESIGN CONSULTANT, and shall return the required number of corrected copies of Shop Drawings and submit as required new Samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by DESIGN CONSULTANT on previous Submittals.
6.21.2 CONTRACTOR’s Responsibility Not Relieved By Approval - CONSTRUCTION MANAGER’s and DESIGN CONSULTANT’s review and approval of Shop Drawings or Samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called DESIGN CONSULTANT’s attention to each such variation at the time of submission and DESIGN CONSULTANT has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by DESIGN CONSULTANT relieve CONTRACTOR from responsibility for complying with the requirements of Article 6.
6.22 COMPLIANCE WITH CONSTRUCTION MANAGER ADMINISTRATIVE PROCEDURES - CONTRACTOR is required to comply with all CONSTRUCTION MANAGER administrative procedures including but not limited to daily reports, Requests for Proposal, Safety reporting, notice requirements, payment procedures, submittal processing, attendance at weekly and special meetings and others designated by CONSTRUCTION MANAGER.
6.23 ASSIGNMENT OF CONTRACT - CONTRACTOR shall not assign, sublet, sell, transfer or otherwise dispose of the Contract Documents or any portion thereof, or its right, title or interest therein, or obligations thereunder, without the written consent of OWNER except as imposed by law. If CONTRACTOR violates this provision, the Agreement may be terminated at the option of OWNER. In such event, OWNER shall be relieved of all liability and obligations to CONTRACTOR and to its assignee or transferee growing out of such termination.
6.24 CONTINUING THE WORK DURING DISPUTES
6.24.1 CONTRACTOR shall carry on the WORK and adhere to the progress schedule during all disputes or disagreements with OWNER over any WORK scope, price or time dispute. No work shall be delayed or postponed pending resolution of any disputes or disagreements, except as CONTRACTOR and OWNER may otherwise agree in writing.
6.24.2 If CONTRACTOR and OWNER are unable to reach agreement on Disputed Work, OWNER may direct CONTRACTOR to proceed with the WORK. Payment shall be as later determined by Article 16.
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6.25 GENERAL WARRANTY AND GUARANTEE CONTRACTOR is responsible for providing warranty and guarantee in accordance with Article 13.
6.26.11 Survival of Obligations - All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive Final Payment, completion and acceptance of the WORK and termination or completion of the Agreement.
ARTICLE 7 -- WORK BY OTHERS AT THE SITE
7.1 OWNER’S RIGHT TO WORK AT SITE - OWNER may perform other work related to the Project at the site by OWNER’s own forces, have other work performed by utility owners, or let other direct contracts which may contain General Conditions similar to these. If the fact that such other work is to be performed was not noted in the Contract Documents, written notice thereof will be given to CONTRACTOR prior to starting any such other work.
7.2 CONTRACTOR REPORT ON DELAYS CAUSED BY OTHERS - If the proper execution or results of any part of CONTRACTOR’s work depends upon the work of any such other contractor or utility owner (or OWNER), CONTRACTOR shall promptly inspect and report to CONSTRUCTION MANAGER in writing any apparent delays, defects or deficiencies in such other work that render it unavailable or unsuitable for such proper execution and results.
CONTRACTOR’s failure to report such delays, defects or deficiencies in writing before commencement of the affected WORK will constitute an acceptance of the other work as fit and proper for integration with CONTRACTOR’s work except for latent defects and deficiencies in the other work.
7.3 DAMAGE TO OTHERS CAUSED BY CONTRACTOR - If CONTRACTOR causes damage to the work, property or person of any other contractor employed by OWNER, or if any claim arising out of CONTRACTOR’s performance of the WORK by any other contractor is made against CONTRACTOR, by OWNER, CONSTRUCTION MANAGER, DESIGN CONSULTANT, any other contractor or any other person, CONTRACTOR shall be responsible to settle and shall promptly attempt to settle and resolve the dispute.
7.4 COORDINATION
7.4.1 Coordination Responsibilities - CONTRACTOR’s coordination responsibilities are in accordance with those found in Article 6 and in the described Supplementary General Conditions if applicable.
7.4.2 Coordination Delays - Should CONTRACTOR be delayed by OWNER, and such delay could not reasonably have been foreseen and prevented by CONTRACTOR, CONSTRUCTION MANAGER will determine the extent of the delay, the effect of the delay on the work as a whole, and any commensurate extension of time. CONSTRUCTION MANAGER shall arrange meetings with other contractors performing work on behalf of OWNER to plan coordination of construction activities. Any difference or conflict arising between CONTRACTOR and any other contractor
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employed by OWNER shall be submitted to CONSTRUCTION MANAGER for a decision in the matter. CONTRACTOR shall comply with reasonable direction from CONSTRUCTION MANAGER whose decision on coordination matters will be final.
7.5 Remedy For Delays By Others - By entering into this Agreement, CONTRACTOR acknowledges that there may be other contractors on the site whose WORK will be coordinated with that of his own. CONTRACTOR expressly warrants and agrees that he will cooperate with other contractors and will do nothing to delay, hinder or interfere with the WORK of other separate contractors, OWNER, CONSTRUCTION MANAGER or DESIGN CONSULTANT.
CONTRACTOR also expressly agrees that, in the event his work is hindered, delayed, interfered with or otherwise affected by a separate contractor, his sole remedy will be a direct action against the separate contractor. CONTRACTOR will have no remedy, and hereby expressly waives any remedy, against OWNER and/or CONSTRUCTION MANAGER or DESIGN CONSULTANT on account of delay, hindrance, interference or other event caused by a separate contractor.
7.6 Out Of Sequence Or Accelerated Work - When WORK is performed out of sequence and ahead of Interfacing Work, CONTRACTOR shall be responsible for taking reasonable steps to minimize damage or loss to the WORK which may be caused by others during the performance of their work, including but not limited to furnishing prompt written notice to CONSTRUCTION MANAGER and to the other contractors that WORK has been performed out of sequence and ahead of Interfacing Work.
7.7 NATIONAL LABOR RELATIONS BOARD REQUIREMENTS - CONTRACTOR’s Price shall include all costs associated with complying with National Labor Relations Board requirements for accessing the Project site.
ARTICLE 8 -- OWNER’S RESPONSIBILITIES
8.1 GENERAL - OWNER has the final authority in all matters affecting the WORK.
8.2 COMMUNICATIONS - In general, OWNER and DESIGN CONSULTANT shall issue all written communications to CONTRACTOR through CONSTRUCTION MANAGER.
8.3 PAYMENTS - OWNER shall make payments to CONTRACTOR as provided in Article 14.
8.4 LANDS, EASEMENTS AND SURVEYS - OWNER’s duties in respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in Article 4. OWNER shall identify and make available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and in existing structures which have been utilized in preparing the Contract Documents as set forth in Article 4.
8.5 CHANGE ORDERS - OWNER shall execute Change Orders as indicated in Article 10.
8.6 INSPECTIONS AND TESTS - OWNER’s responsibility with respect to inspections, tests and approvals is set forth in Article 13.
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8.7 SUSPENSION OF WORK - In connection with OWNER’s right to stop work or suspend work, see Articles 13 and 15.
8.8 TERMINATION OF AGREEMENT - Article 15 deals with OWNER’s right to terminate services of CONTRACTOR.
8.9 OWNER’S RESPONSIBILITY FOR UNDISCLOSED HAZARDOUS MATERIALS - OWNER’S responsibility with respect to undisclosed Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Materials uncovered or revealed at the site is set forth in Article 4.
8.10 NO OWNER SUPERVISION INTENDED - Neither OWNER nor CONSTRUCTION MANAGER shall supervise, direct or have control or authority over, nor be responsible for, CONTRACTOR’s means, methods, techniques, sequences or procedures of construction or the Safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the WORK. OWNER and CONSTRUCTION MANAGER will not be responsible for CONTRACTOR’s failure to perform or furnish the WORK in accordance with the Contract Documents.
ARTICLE 9 -- CONSTRUCTION MANAGER’S STATUS DURING CONSTRUCTION
9.1 GENERAL
9.1.1 OWNER’S REPRESENTATIVE - CONSTRUCTION MANAGER will be OWNER’s representative during the construction period. The duties and responsibilities and the authority of CONSTRUCTION MANAGER as CONSTRUCTION MANAGER during construction are set forth in the Contract Documents.
9.1.2 Contract Documents Terms - Whenever in the Contract Documents the terms “as ordered,” “as directed,” “as required,” “as allowed,” “as reviewed,” “as approved,” or terms of like effect or import are used, or the adjectives “reasonable,” “suitable,” “acceptable,” “proper,” or “satisfactory” or adjectives of like effect or import are used to describe a requirement, direction, review or judgment of CONSTRUCTION MANAGER as to the WORK, it is intended that such requirement, direction, review or judgment will be solely to evaluate the WORK for compliance with the requirements of the Contract Documents, and conformance with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents, unless there is a specific statement indicating otherwise. The use of any such term or adjective shall not be effective to assign to CONSTRUCTION MANAGER any duty or authority to supervise or direct the performance of the WORK or any duty or authority to undertake responsibility contrary to the Article 9.
9.2 PRESENCE ON SITE - CONSTRUCTION MANAGER will be on site during construction to observe the progress, quantity and quality of the WORK and to determine, in general, if the WORK is proceeding in accordance with the Contract Documents. CONSTRUCTION MANAGER will not supervise, direct or have control over CONTRACTOR’s work.
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9.3 CONTRACT DOCUMENT CLARIFICATIONS AND INTERPRETATIONS - CONSTRUCTION MANAGER will issue with reasonable promptness such written clarifications or interpretations of the requirements of the Contract Documents (in the form of Drawings or otherwise) as CONSTRUCTION MANAGER may determine necessary, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. Such written clarifications and interpretations will be binding on OWNER and CONTRACTOR. If CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract Price or the Contract Time and the parties are unable to agree to the amount or extent CONTRACTOR may request an adjustment in the Contract Price or an extension of the Contract Time therefore as provided in Articles 11 or 12.
9.4 AUTHORIZED VARIATIONS IN WORK - CONSTRUCTION MANAGER may authorize minor variations in the WORK, (not resulting in changes to the Contract Price or Contract Time), which are consistent with the intent of the Contract Documents. These may be accomplished by a Construction Manager Order. If CONTRACTOR believes that a Construction Manager Order justifies an increase in the Contract Price or an extension of the Contract Time, CONTRACTOR may request an adjustment in the Contract Price or an extension of the Contract Time therefore as provided in Articles 11 or 12. If CONTRACTOR proceeds with the directed work without making such a request or providing notice he will be presumed to be in agreement with CONSTRUCTION MANAGER’s determination that no change in price or time are involved, and will be considered to have waived his right to request an adjustment in Contract Time or Price.
9.5 ACCEPTANCE OF WORK - OWNER has the final authority in all matters affecting the WORK. Within the scope of the Agreement, CONSTRUCTION MANAGER has the authority to enforce compliance with the Plans and Specifications. CONTRACTOR shall promptly comply with instructions from CONSTRUCTION MANAGER or any authorized representative on all matters relating to quantities, the acceptability of material, equipment or work, the execution, progress or sequence of work and the interpretation of Specifications or Drawings. The decision of CONSTRUCTION MANAGER shall be precedent to any payment under the Agreement, unless otherwise ordered by OWNER. CONSTRUCTION MANAGER will recommend final acceptance to OWNER.
9.6 REJECTING DEFECTIVE WORK - CONSTRUCTION MANAGER will have authority to reject work which CONSTRUCTION MANAGER determines to be defective, or not in compliance with the Contract Documents or that DESIGN CONSULTANT or CONSTRUCTION MANAGER believes will not produce a completed Project or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. CONSTRUCTION MANAGER will also have authority to require special inspection or testing of the WORK as provided in Article 13, whether or not the WORK is fabricated, installed or completed.
9.7 CONTRACTOR SUBMITTALS - CONTRACTOR shall provide submittals in accordance with the SPECIAL PROVISIONS.
9.8 CHANGE ORDER - In connection with CONSTRUCTION MANAGER’s responsibilities as to Change Orders, see Articles 10, 11, and 12.
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9.9 PAYMENTS In connection with CONSTRUCTION MANAGER’s responsibility as to Applications for Payment, see Article 14.
9.10 FINAL APPLICATION FOR PAYMENT - CONSTRUCTION MANAGER’s review of the Final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, Bonds and certificates of inspection, tests and approvals and other documentation required to be delivered by Article 14 will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests and approvals that the results certified indicate compliance with the Contract Documents.
9.11 DECISIONS ON DISPUTES
9.11.1 Interpreter Of Contract Documents - CONSTRUCTION MANAGER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the WORK thereunder. Claims, disputes and other matters relating to the acceptability of the WORK, the interpretation of the requirements of the Contract Documents pertaining to the performance of the WORK and those claims with respect to changes in the Contract Price or Contract Time will be referred initially to CONSTRUCTION MANAGER. The process to be followed is described in Article 16.
9.12 CONSTRUCTION MANAGER LIABILITY FOR INTERPRETATION - When functioning as interpreter under Article 9, CONSTRUCTION MANAGER will not show partiality to OWNER, DESIGN CONSULTANT or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by CONSTRUCTION MANAGER pursuant to Article 9 will be a condition precedent to any exercise by CONTRACTOR of such rights or remedies as he may otherwise have under the Contract Documents or by laws or regulations in respect of any such Claim, dispute or other matter pursuant to Article 16.
9.13 LIMITATION ON CONSTRUCTION MANAGER’S RESPONSIBILITIES
9.13.1 No Duty Arising Out Of Act Or Decision - Neither CONSTRUCTION MANAGER’s authority to act under this Article 9 or other provisions of the Contract Documents, nor any decision made by CONSTRUCTION MANAGER in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of CONSTRUCTION MANAGER to CONTRACTOR, any Subcontractor, any Supplier, any surety for any of them or any other person or organization performing any of the WORK.
9.13.2 No Supervision Role - CONSTRUCTION MANAGER will not supervise, direct, control or have authority over or be responsible for CONTRACTOR’s means, methods, techniques, sequences or procedures of construction, or the Safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations, applicable to the performance of the WORK. CONSTRUCTION MANAGER will not be responsible for CONTRACTOR’s failure to perform the WORK in accordance with the Contract Documents.
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9.13.3 CONTRACTOR Acts Or Omissions - CONSTRUCTION MANAGER will not be responsible for the acts or omissions of CONTRACTOR nor of any Subcontractor, Supplier or any other person or organization performing any of the WORK.
ARTICLE 10 -- CHANGES IN THE WORK
10.1 CHANGES REQUESTED BY CONTRACTOR
10.1.1 CONSTRUCTION MANAGER Approval - Changes in the Plans and Specifications, requested in writing by CONTRACTOR, which do not materially affect the WORK and which are not detrimental to the WORK or to the interests of OWNER, may be granted to facilitate the WORK, when approved in writing by CONSTRUCTION MANAGER. If the method will result in a cost saving, an appropriate deductive change will be required.
10.1.2 Specified Methods - Changes in specified methods of construction may be made at CONTRACTOR’s request when approved in writing by CONSTRUCTION MANAGER. If the method will result in a cost saving, an appropriate deductive change will be required.
10.1.3 No Right To Change - Nothing herein shall be construed as granting a right to CONTRACTOR to demand acceptance of such changes.
10.1.4 Request for Change Made in Good Faith - The request For change shall be made in good faith, and the amount requested accurately reflects the adjustments in Contract Price or Contract Time for which CONTRACTOR believes OWNER is liable, and covers all direct, supplemental, indirect, consequential, serial and cumulative costs and delays to which CONTRACTOR is entitled as a result of the change.
10.2 OWNER’S RIGHT TO MODIFY WORK
10.2.1 Requirement To Implement Directed Change - Without invalidating the Agreement and without notice to any surety, OWNER may at any time or from time to time, order additions, deletions or revisions in the WORK; these will be authorized by a written Change Order prepared by CONSTRUCTION MANAGER and issued by OWNER. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided).
10.2.2 Request For Proposal - When OWNER desires a change in the WORK, CONSTRUCTION MANAGER will issue a Request for Proposal to CONTRACTOR.
CONTRACTOR will be required to respond within the time indicated by CONSTRUCTION MANAGER or fifteen (15) Days, whichever is less. If CONTRACTOR fails to meet the submittal time required by this provision, CONTRACTOR will be solely liable for any delays or impacts caused by the delayed submittal of the proposal.
10.3 REQUIREMENT TO PROCEED WITH WORK - If OWNER and CONTRACTOR agree on the value of any work, and the amount of Contract Time that should be allowed as a result
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of CONTRACTOR’s response to a Request for Proposal, CONTRACTOR shall proceed as directed by OWNER so as to minimize the impact on and delays to the work pending the issuance of a Change Order. If however, OWNER and CONTRACTOR are unable to agree as to the extent of an increase or decrease in the Contract Price or an extension or shortening of the Contract Time that should be allowed as a result of CONTRACTOR’s response to a Request for Proposal, OWNER can direct CONTRACTOR to proceed on the basis of a price for the WORK as estimated by CONSTRUCTION MANAGER or time and materials so as to minimize the impact on and delays to the work, in accordance with Article 11.
10.4 WORK NOT IN CONTRACT - CONTRACTOR shall not be entitled to an increase in the Contract Price nor an extension of the Contract Time with respect to any work performed that is not required by the Contract Documents as amended, modified, supplemented by Change Order or Field Order, except in the case of an emergency and except in the case of uncovering work as provided in Article 13.
10.5 CHANGE ORDER PROCESS - OWNER and CONTRACTOR shall execute appropriate Change Orders covering:
10.5.1 OWNER Ordered Changes - Changes in the WORK which are ordered by OWNER pursuant to Article 10;
10.5.2 Changes Due To Defective Work - changes required because of acceptance of Defective Work under Article 13;
10.5.3 Mutually Agreed Price/Time Changes - changes in the Contract Price or Contract Time which are agreed to by the parties.
10.6 NOTICE TO SURETY - If notice of any change is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR’s responsibility, and the amount of each applicable Bond shall be adjusted accordingly.
10.7 ALLOWABLE QUANTITY VARIATIONS - In the event of an increase or decrease in bid item quantity of a unit priced item in the Contract Documents, the total amount of WORK actually done or materials or equipment furnished shall be paid for according to the unit price established for such work under the Contract Documents, wherever such unit price has been established; provided, that an adjustment in the unit price may be made for changes which result in an increase or decrease in excess of the allowable percentage variations as set forth by the Contract Documents.
ARTICLE 11 -- CHANGE OF CONTRACT PRICE (Change Orders, Field Orders and Work Orders)
11.1 CONTRACT PRICE CHANGE - The Contract Price may only be changed by a written Change Order.
11.2 METHODS FOR DETERMINING ADJUSTMENTS IN CONTRACT PRICE
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11.2.1 Methods - The methods to be used to determine an adjustment in Contract Price necessitated by changes ordered or negotiated pursuant to these General Conditions or work covered by a Request for Proposal are limited to the following:
11.2.1.1 Where the work involved is covered by lump sum prices in the Contract Documents: on the basis of a lump sum negotiation;
11.2.1.2 Where the work involved is covered or is of the same character as Unit Price Work: by application of those unit prices to the quantities of the items involved (subject to the provisions covering Unit Price Work);
11.2.1.3 Where the work involved is not covered by either of the preceding methods: by mutual acceptance of a lump sum price negotiated on the basis of CONTRACTOR’s itemized estimate of the anticipated Cost of the WORK involved, determined as specified in this Article, and a contractor’s fee as provided in this Article;
11.2.1.4 Where the work involved is not covered by either of the first two (2) methods, and CONSTRUCTION MANAGER and CONTRACTOR cannot achieve agreement on the anticipated cost of the work involved and OWNER directs CONTRACTOR to proceed with the work with payments to be made on the basis of CONSTRUCTION MANAGER’s determination of the cost of the work involved: on a CONTRACTOR’s profit of eighty (80) percent of the amount allowed by this Article;
11.2.1.5 Where the work involved is not covered by either of the first two (2) methods, and OWNER directs CONTRACTOR to proceed with the work involved with payments to be made on the basis of actual costs: on the basis of the actual cost of the work involved, determined as specified in this Article, and a CONTRACTOR’s profit determined as fifty (50) percent of the amount allowed under this Article.
11.2.1.6 Where the work involved is not covered by any of the preceding methods, and when payment is to be determined by a court of competent jurisdiction, it is agreed that the actual cost method used for actual cost basis work shall be an appropriate method for determining the cost of the work involved.
11.2.2 CONTRACTOR’S Overhead and Profit Limitation - For all negotiated Change Orders the allowance for overhead and profit shall include full compensation for superintendence, insurance premiums, taxes, field office expense, extended overhead, home office overhead and all other items of expense or cost not included in the cost of labor, materials or equipment provided for in this Article. The allowance for overhead and profit will not exceed the following schedule:
Overhead Profit
Labor = Ten (10) percent Ten (10) percent
Materials = Ten (10) percent Five (5) percent
Equipment = Ten (10) percent Five (5) percent
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To the sum of the costs and markups provided for in this Article, one (1) percent shall be added as compensation for bonding.
11.2.3 Subcontractor Mark Up - It is understood that labor, materials and equipment may be furnished by CONTRACTOR or by the Subcontractor on behalf of CONTRACTOR. When all or any part of the extra work is performed by a Subcontractor, the allowance specified herein shall be applied to the labor, materials and equipment costs of the Subcontractor, to which CONTRACTOR may add five (5) percent of the Subcontractor’s total cost for the extra work.
Regardless of the number of hierarchical tiers of Subcontractors, the five (5) percent increase above the performing Subcontractor’s total cost which includes the allowances for overhead and profit may be applied one (1) time only.
11.2.4 Equipment Rental Rates
11.2.4.1 All equipment rental rates shall be in accordance with the rental rate source identified in the Supplementary General Conditions based on a monthly rate for the equipment, and based on an equipment utilization of one hundred seventy-three (173) hours per month. CONTRACTOR will be permitted to charge only for the hours the equipment is actually used in the changed work.
11.2.4.2 Equipment Required Specifically for the Additional Work - Whenever possible, changed work will be accomplished using equipment available on-site or owned by CONTRACTOR. If no on-site equipment can be used, and a specific piece of equipment must be rented to be used exclusively for the changed work, the rental rate will be the invoiced rate.
11.3 COST OF WORK (BASED ON TIME AND MATERIALS)
11.3.1 General - The term “cost of work” means the sum of all costs necessarily incurred and paid by CONTRACTOR for labor, materials and equipment in the proper performance of extra work. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the excluded costs itemized in this Article.
11.3.2 Labor - The costs of labor will be the actual cost substantiated by certified payroll for wages prevailing for each craft or type of workers performing the extra work at the time the extra work is done, plus employer payments of payroll taxes, Workers’ Compensation insurance, liability insurance, health and welfare, pension, vacation, apprenticeship funds and other direct costs resulting from Federal, State or local laws, as well as assessments or benefits required by lawful collective bargaining agreements. Labor costs for equipment operators and helpers shall be paid only when such costs are not included in the invoice for equipment rental. The labor costs for foremen shall be proportioned to all of their assigned work and only that applicable to extra work shall be paid. 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.
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11.3.3 Materials - The cost of materials reported shall be itemized at invoice or lowest current price at which materials are locally available and delivered to the job in the quantities involved, plus the cost of sales tax, freight, delivery and storage.
11.3.3.1 Trade discounts available to the purchaser shall be credited to OWNER notwithstanding the fact that such discounts may not have been taken by CONTRACTOR.
11.3.3.2 For materials secured by other than a direct purchase and direct billing to the purchaser, the cost shall be deemed to be the price paid to the actual supplier as determined by CONSTRUCTION MANAGER.
11.3.3.3 Payment for materials from sources owned wholly or in part by the purchaser shall not exceed the price paid by the purchaser for similar materials from said sources on extra work items or the current wholesale price for such materials delivered to the work site, whichever price is lower.
11.3.3.4 If in the opinion of CONSTRUCTION MANAGER the cost of material is excessive, or CONTRACTOR does not furnish satisfactory evidence of the cost of such material, then the cost shall be deemed to be the lowest current wholesale price for the total quantity concerned delivered to the work site less trade discount.
11.3.3.5 OWNER reserves the right to furnish materials for the extra work and no claim shall be allowed by CONTRACTOR for costs and profit on such materials.
11.3.4 Equipment - CONTRACTOR will be paid for the use of equipment at the rental rate listed for such equipment specified in the Supplementary General Conditions. Such rental rate will be used to compute payments for equipment whether the equipment is under CONTRACTOR’s control through direct ownership, leasing, renting or another method of acquisition. The rental rate to be applied for use of each item of equipment shall be the rate resulting in the least total cost to OWNER for the total period of use. If it is deemed necessary by CONTRACTOR to use equipment not listed in the publication specified in the Supplementary General Conditions, an equitable rental rate for the equipment will be established by CONSTRUCTION MANAGER.
CONTRACTOR may furnish cost data which might assist CONSTRUCTION MANAGER in the establishment of the rental rate.
11.3.4.1 All equipment shall, in the opinion of CONSTRUCTION MANAGER, be in good working condition and suitable for the purpose for which the equipment is to be used.
11.3.4.2 Before construction equipment is used on the extra work, CONTRACTOR shall plainly stencil or stamp an identifying number thereon at a conspicuous location, and shall furnish to CONSTRUCTION MANAGER, in duplicate, a description of the equipment and its identifying number and the scheduled work activities planned.
11.3.4.3 Unless otherwise specified, manufacturer’s ratings and manufacturer-approved modifications shall be used to classify equipment for the determination of applicable rental rates.
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Equipment which has no direct power unit shall be powered by a unit of at least the minimum rating recommended by the manufacturer.
11.3.5 Rental Equipment
11.3.5.1 The rental time to be paid for equipment on the work site shall be the time the equipment is in productive operation on the extra work being performed and, in addition, shall include the time required to move the equipment to the location of the extra work and return it to the original location or to another location requiring no more time than that required to return it to its original location; except, that moving time will not be paid if the equipment is used on other than the extra work, even though located at the site of the extra work.
11.3.5.2 Rental time will not be allowed while equipment is inoperative due to breakdowns.
11.3.5.3 Computation Method - The following shall be used in computing the rental time of equipment on the work site.
11.3.5.3.1 When hourly rates are listed, any part of an hour less than thirty (30) minutes of operation shall be considered to be one-half (.5) hour of operation, and any part of an hour in excess of thirty (30) minutes will be considered one (1) hour of operation.
11.3.5.3.2 When daily rates are listed, any part of a Day less than four (4) hours operation shall be considered to be one-half (.5) Day of operation.
11.3.6 CONTRACTOR-Owned Equipment - For CONTRACTOR-owned equipment, the allowed equipment rental rate will be limited to the monthly equipment rental rate using a utilization rate of one hundred seventy-three (173) hours per month which is found in the Equipment Rental Rate Tables authorized by the Supplementary General Conditions for rental equipment.
11.3.7 Special Services Special work or services are defined as that work characterized by extraordinary complexity, sophistication or innovation or a combination of the foregoing attributes which are unique to the construction industry.
11.3.7.1 When CONSTRUCTION MANAGER and CONTRACTOR determine that a special service is required which cannot be performed by the forces of CONTRACTOR or those of any of its Subcontractors, the special service may be performed by an entity especially skilled in the work. Invoices for special services based upon the current fair market value thereof may be accepted without complete itemization of labor, material and equipment rental costs, after validation of market values by CONSTRUCTION MANAGER.
11.3.7.2 All invoices for special services will be adjusted by deducting all trade discounts offered or available, whether the discounts were taken or not. In lieu of the allowances for overhead and profit specified in this Article, herein, an allowance of fifteen (15) percent will be added to invoices for special services.
11.3.8 Excluded Costs - The term “cost of the work” shall not include any of the following costs:
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11.3.8.1 Overhead Cost - Payroll costs and other compensation of CONTRACTOR’s officers, executives, principals (of partnership and sole proprietorships) general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR’s principal office, a branch office or material yard and shop for general administration of the Work or not specifically covered by this Article all of which are to be considered administrative costs covered by CONTRACTOR’s allowance for overhead and profit.
11.3.8.2 Office Expense - Expenses of CONTRACTOR’s principal and branch offices.
11.3.8.3 Capital Expenses - Any part of CONTRACTOR’s capital expenses, including interest on CONTRACTOR’s capital employed for the WORK and charges against CONTRACTOR for delinquent payments.
11.3.8.4 Premiums - Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same.
11.3.8.5 Negligence - Costs due to the negligence of CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of Defective Work, disposal of materials or equipment wrongly supplied and making good any damage to property.
11.3.8.6 Other - Other overhead or general expense costs of any kind and the cost of any item not specifically and expressly included in this Article.
11.3.8.7 Small Tools - Cost of small tools valued at less than five hundred dollars ($500) and that remain the property of CONTRACTOR.
11.3.8.8 Administrative Costs - Costs associated with the preparation of Change Orders (whether or not ultimately authorized), cost estimates or the preparation or filing of claims.
11.3.8.9 Anticipated Lost Profits - Expenses of CONTRACTOR associated with anticipated lost profits or lost revenues, lost income or earnings, lost interest on earnings or unpaid retainage.
11.3.8.10 Home Office Overhead - Costs derived from the computation of a home office overhead rate by application of the Eichleay, Allegheny, Burden Fluctuation or other similar methods.
11.3.8.11 Special Consultants and Attorneys - Costs of special consultants or attorneys, whether or not in the direct employ of CONTRACTOR, employed for services specifically related to the resolution of a claim, dispute or other matter relating to the acceptability of the Work.
11.3.9 CONTRACTOR’s Extra Work Report - In order to be paid for extra work based on time and materials, CONTRACTOR must submit a daily Extra Work Report on a form provided by CONSTRUCTION MANAGER. The form must be completely filled out based on the provisions
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of this Article and signed by CONTRACTOR and CONSTRUCTION MANAGER at the end of each work Day. Failure to complete the form and obtain appropriate signatures by the next working Day after the work was completed will result in CONTRACTOR’s costs for extra work being disallowed until such form is completed and agreed to by CONSTRUCTION MANAGER.
Delay in submitting the form beyond seven (7) Days will result in CONSTRUCTION MANAGER’s records becoming the official record for payment purposes.
11.4 COSTS RELATING TO WEATHER DAMAGE
CONTRACTOR shall have no cost claims against OWNER for damages for any injury to work, materials or equipment, resulting from the action of the elements or weather. Weather-related adjustment to Contract Time will be made in accordance with Article 12.
11.5 WRITTEN JUSTIFICATION SUBSTANTIATING ADJUSTMENT
11.5.1 CONTRACTOR Initiated Change - Any request by CONTRACTOR for a change in the Contract Price shall be based on written notice delivered by CONTRACTOR to CONSTRUCTION MANAGER promptly (but in no event later than seven (7) Days) after the start of the occurrence or the event giving rise to the request for adjustment and stating the general nature of the request.
11.5.2 Cost and Time Notice Requirements - Notice of the amount of the request for adjustment in cost and/or time with supporting data shall be delivered within fourteen (14) Days after such start of occurrence, unless CONSTRUCTION MANAGER allows an additional period of time to ascertain more accurate data in support of the request.
11.5.3 Proposal Form - CONTRACTOR’s proposal shall be on forms acceptable to CONSTRUCTION MANAGER. CONTRACTOR proposal request shall certify in writing that the amounts included cover all direct, supplemental, indirect, consequential and cumulative costs and delays, as applicable, and that those costs and delays would be or were necessarily incurred, despite CONTRACTOR’s reasonable and diligent efforts to mitigate them. Mitigation efforts undertaken by CONTRACTOR should be described.
11.5.4 Proposal Content - Where the change in Contract Price is to be determined on the basis of the cost of the work involved, CONTRACTOR’s itemized estimates shall detail all applicable elements of cost, including, but not limited to, labor hours and payroll costs, quantities, crew mixes, production rates, material costs, Subcontractor and Supplier costs, equipment costs and supplemental costs. Where the change in Contract Price arises from changes in the schedule of all or part of the WORK, or where a change in Contract Time is sought, the submittal shall include analysis required by Article 12. With respect to work during other than normal hours, the labor charges associated with such work shall consist of straight time wages and burden plus the appropriate overtime or shift premium with no additional burden (i.e., fringe benefits) on the premium portion.
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11.5.5 Additions and Deletions - The submittal shall cover all aspects of the work involved, whether relating to deleted, added, revised or impacted items of Work. Amounts for Subcontractors or Suppliers at any tier shall be similarly supported.
11.5.6 Requirements for Valid Proposal - No submittal for an adjustment in Contract Price or Contract Time shall be valid unless submitted in accordance with this Article.
11.5.7 Obligation of Surety - All work performed hereunder shall be subject to all of the provisions of the Contract Documents and CONTRACTOR’s sureties shall be bound with reference thereto as under the Agreement. Copies of all amendments to surety Bonds or supplemental surety Bonds shall be submitted to OWNER when requested.
11.5.8 Documentation - CONTRACTOR is required to comply with CONSTRUCTION MANAGER’s documentation requirements regarding format and level of detail for the Change Order process.
11.6 OWNER RIGHT TO DIRECT USE OF COMPETITIVE BID - OWNER reserves the right to direct CONTRACTOR to solicit competitive bids for additional work. If required by OWNER, CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to CONTRACTOR and shall deliver such bids to OWNER who will then determine, with the advice of CONSTRUCTION MANAGER, which bids will be accepted.
ARTICLE 12 -- CHANGE OF CONTRACT TIME
12.1 GENERAL
12.1.1 CONTRACTOR Request For Time Extension - The Contract Time may only be changed by a Change Order or Field Order. Any request by CONTRACTOR for an extension of the Contract Time (or Milestones) shall be based on written notice delivered by CONTRACTOR to CONSTRUCTION MANAGER promptly (but in no event later than seven (7) Days) after the occurrence of the event giving rise to the request and stating the general nature of the request, unless otherwise noted. Notice of the extent of the request with supporting data shall be delivered within fourteen (14) Days after such occurrence (unless CONSTRUCTION MANAGER allows an additional period of time to ascertain more accurate data in support of the request) and shall be accompanied by CONTRACTOR’S written statement that the adjustment requested is the entire time adjustment to which CONTRACTOR has reason to believe it is entitled as a result of the occurrence of said event. An increase in Contract Time does not mean that CONTRACTOR is due an increase in Contract Price.
12.1.2 CONTRACTOR Required Analysis - An extension in Contract Time will not be granted unless CONTRACTOR can demonstrate through an analysis of the Critical Path Method Progress Schedule critical path that the increases in the time to perform or complete the WORK, or specified part of the WORK, beyond the corresponding Contract Time arise from unforeseeable causes beyond the control and without the fault or negligence of both CONTRACTOR and his Subcontractors, Suppliers or other persons or organizations, and that such causes in fact lead to performance or completion of the WORK, or specified part in question, beyond the corresponding
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Contract Time, despite CONTRACTOR’s reasonable and diligent actions to guard against those effects.
12.1.3 OWNER’s Right To Grant Time Extension - OWNER may elect, at its sole discretion, to grant an extension in Contract Time, without CONTRACTOR’s request, because of delays or other factors.
12.2 TIME IS OF THE ESSENCE - With regard to all Milestones and all time limits stated in the Contract Documents, time is of the essence.
12.3 CRITERIA FOR DETERMINING ADJUSTMENTS IN CONTRACT TIME
12.3.1 Use Of Float and Critical Path - Use of float is in accordance with the SPECIAL PROVISIONS.
12.3.2 Types Of Delays Beyond CONTRACTOR’s and OWNER’S Control - Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners, fires, floods, epidemics, abnormal weather conditions, labor slowdowns and strikes or acts of God. CONTRACTOR must provide CONSTRUCTION MANAGER written notice of the potential delay within twenty-four (24) hours of the occurrence.
12.3.3 Subcontractor Delays Within CONTRACTOR Control - Delays attributable to and within the control of Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR. No time extension will be allowed for such delays.
12.4 TIME ONLY ENTITLEMENT
12.4.1 - Where CONTRACTOR is prevented from completing any part of the WORK within the Contract Time (or Milestones) due to delay to a critical path activity beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Time (or Milestones) in an amount equal to the time lost on the critical path of the Project due to such delay shall be CONTRACTOR’s sole and exclusive remedy for such delay.
12.4.2 - In no event shall OWNER be liable to CONTRACTOR, any Subcontractor, any Supplier or any other person or organization, or to any surety for or employee or agent of any of them, for damages arising out or resulting from (i) delays caused by or within the control of CONTRACTOR, or (ii) delays beyond the control of both parties including but not limited to fires, floods, epidemics, abnormal weather conditions, acts of God or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7. CONTRACTOR must provide CONSTRUCTION MANAGER written notice of the potential delay within twenty-four (24) hours of the occurrence.
12.5 EXTENSIONS OF TIME FOR DELAY DUE TO WEATHER - An inclement weather delay is defined as a delay caused by inclement weather which prevents CONTRACTOR from working on the controlling item in CONTRACTOR’s construction schedule. Should CONTRACTOR experience inclement weather delays over the course of contract duration in
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excess of the number of Days outlined in the Supplementary General Conditions, CONTRACTOR shall be granted a time extension in accordance with the provisions outlined in this Article. The time extension shall be based on the number of inclement weather Days in excess of the number of Days outlined in the Supplementary General Conditions.
12.5.1 Extension of Time For Delays due to Weather Damage - If, however, in the opinion of CONSTRUCTION MANAGER, CONTRACTOR has made all reasonable efforts to protect the materials, equipment and work, CONTRACTOR may be granted a reasonable extension of Contract Time to make proper repairs, renewals and replacements of the work, materials or equipment in accordance with Article 12.
ARTICLE 13 -- TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK; WARRANTY AND GUARANTEE
13.1 TESTS AND INSPECTIONS
13.1.1 ACCESS TO WORK FOR TESTING AND INSPECTION - OWNER, CONSTRUCTION MANAGER, their consultants, Sub-Consultants other representatives and personnel of OWNER, independent testing laboratories and governmental agencies with jurisdictional interests will have access to the WORK at reasonable times for their observation, inspecting and testing. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR’s Safety procedures and programs so that they may comply.
13.1.2 Cost of Inspection/Notice - CONSTRUCTION MANAGER will make, or have made, such inspections and tests as CONSTRUCTION MANAGER deems necessary to see that the WORK is being accomplished in accordance with the requirements of the Contract Documents.
Unless otherwise specified, the cost of such inspection and testing will be borne by OWNER. In the event such inspections or tests reveal non-compliance with the requirements of the Contract Documents, CONTRACTOR shall bear the cost of corrective measures deemed necessary by CONSTRUCTION MANAGER, as well as the cost of subsequent re-inspection and re-testing.
Neither observations by CONSTRUCTION MANAGER nor inspections, tests or approvals by others shall relieve CONTRACTOR from CONTRACTOR’s obligation to perform the WORK in accordance with the Contract Documents.
CONTRACTOR shall give CONSTRUCTION MANAGER timely notice as specified in the technical specification or five (5) Days if not identified of readiness of the WORK for all required on and off site inspections, tests or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests.
CONSTRUCTION MANAGER shall provide for the services of an independent testing laboratory to perform inspections, tests or approvals required by the Contract Documents except as otherwise specifically provided.
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CONTRACTOR shall be responsible for arranging any inspection required by a public entity.
CONTRACTOR shall provide adequate notice to the public entity and to CONSTRUCTION MANAGER for any required inspection.
13.1.3 Right to Stop Work - CONSTRUCTION MANAGER has the right to stop or suspend work activities which will cover CONTRACTOR work product which is to be inspected or tested, or which will interfere with the inspection or testing activities, for a reasonable time and CONTRACTOR will have no right to additional cost or time he may incur as a result of the work stoppage.
13.2 CONTRACTOR INSPECTION AND TESTING RESPONSIBILITY
13.2.1 - CONTRACTOR shall be responsible for performance of tests and inspections in accordance with the SPECIAL PROVISIONS.
13.2.2 If laws or regulations of any public body having jurisdiction other than OWNER require any work to specifically be inspected, tested or approved, CONTRACTOR shall pay all costs.
13.2.3 CONTRACTOR shall be responsible for and shall pay all costs in connection with any inspection or testing required in connection with OWNER’s or CONSTRUCTION MANAGER’s acceptance of a Supplier of materials or equipment proposed as a substitution or “or-equal” to be incorporated in the WORK, or of materials or equipment submitted for review prior to CONTRACTOR’s purchase thereof for incorporation in the WORK.
13.2.4 CONTRACTOR shall pay all related costs, schedule related activities at appropriate times and secure and furnish for CONSTRUCTION MANAGER the required certificates of inspection, testing or approval. Any associated cost and time required by CONTRACTOR for inspections required under Article 13.2 shall be considered as having been included in the Contract Price and in CONTRACTOR’s schedule for the performance of the WORK within the Contract Time.
13.2.5 All inspections, tests or approvals other than those required by laws or regulations of any public body having jurisdiction shall be performed by organizations acceptable to CONSTRUCTION MANAGER.
13.2.6 CONTRACTOR shall anticipate at a minimum the following testing and inspection requirements over and above those required by the Contract Documents:
Civil Engineering Inspections/Reviews
1. All form work
2. Crack Seal Placement
3. Slurry Seal Placement
4. Concrete placement
5. Asphalt compaction
6. Class II Base compaction
7. Remove and Replace areas
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8. ARHM process and materials
9. ARAM process and materials
10. Street cat-tracking prior to final paint striping
13.3 COVERING WORK TO BE INSPECTED
13.3.1 Covered Work Prior To Inspection Or Testing - If any WORK (including the work of others) that is to be inspected, tested or approved is covered without written concurrence of CONSTRUCTION MANAGER, it must, when requested by CONSTRUCTION MANAGER, be uncovered for inspection. CONTRACTOR shall bear all direct, indirect, and consequential costs and damages of such uncovering, unless CONTRACTOR has given CONSTRUCTION MANAGER and/or agencies timely notice of CONTRACTOR’s intention to cover the same, and CONSTRUCTION MANAGER has not acted with reasonable promptness in response to such notice.
13.3.2 Covered Work Contrary To Written Request - If any WORK is covered contrary to the written request of CONSTRUCTION MANAGER, it must, when requested by the CONSTRUCTION MANAGER, be uncovered for CONSTRUCTION MANAGER’s observation and recovered. CONTRACTOR shall bear all direct, indirect and consequential costs and damages of such uncovering.
13.3.3 CONSTRUCTION MANAGER Right to Direct That Work Be Uncovered For Inspection Or Testing
13.3.3.1 If CONSTRUCTION MANAGER considers it necessary or advisable that covered work be observed by CONSTRUCTION MANAGER or inspected or tested by others, CONTRACTOR, at CONSTRUCTION MANAGER’s request, shall uncover, expose or otherwise make available for observation, inspection or testing as CONSTRUCTION MANAGER may require, that portion of the WORK in question, furnishing all necessary labor, material and equipment.
13.3.3.2 If it is found that such WORK is defective, CONTRACTOR shall bear all direct, indirect and consequential costs and damages of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction, including but not limited to fees and charges of engineers, architects, attorneys and other professionals. However, if such work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction based on the time and materials provisions as outlined in Article 11.
13.4 OWNER MAY STOP THE WORK - If the WORK is determined to be defective by CONSTRUCTION MANAGER, and CONTRACTOR fails to immediately correct the defect or CONTRACTOR fails to perform WORK in such a way that the completed WORK will conform to the Contract Documents, CONSTRUCTION MANAGER may order CONTRACTOR to stop the WORK, or any portion thereof, until the cause for such order has been eliminated; however, this right of CONSTRUCTION MANAGER to stop the WORK shall not give rise to any duty on the part of OWNER or CONSTRUCTION MANAGER to exercise this right for the benefit of
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CONTRACTOR or any other party. CONTRACTOR shall bear all direct, indirect and consequential costs and damages that result from this stop work notice.
13.5 CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK
13.5.1 CONTRACTOR’s Responsibility - If required by CONSTRUCTION MANAGER, CONTRACTOR shall promptly, either correct all Defective Work, whether or not fabricated, installed or completed, or, if the WORK has been rejected by CONSTRUCTION MANAGER, remove it from the site and replace it with non-Defective Work. CONTRACTOR shall bear all direct, indirect and consequential costs and damages of such correction or removal.
13.5.2 OWNER Acceptance of Defective Work - If, instead of requiring correction or removal and replacement of Defective Work, OWNER prefers to accept the WORK, OWNER may do so.
CONTRACTOR shall bear all direct, indirect and consequential costs attributable to OWNER’s evaluation of and determination to accept such Defective Work. If any such acceptance occurs prior to Final Payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the WORK, and OWNER shall be entitled to an appropriate decrease in the Contract Price, determined by CONSTRUCTION MANAGER and charged to CONTRACTOR through a deductive Change Order.
13.5.3 OWNER May Correct Defective Work
13.5.3.1 If CONTRACTOR after receiving written notice, from CONSTRUCTION MANAGER or from OWNER, or both, fails within a reasonable time as specified in the notice, to correct Defective Work or to remove and replace rejected WORK, OWNER may correct and remedy any such deficiency. If CONTRACTOR after receiving written notice from CONSTRUCTION MANAGER or OWNER, or both, fails within reasonable time as specified in the notice, to perform the WORK in accordance with the Contract Documents, or fails to comply with any other provision of the Contract Documents, OWNER may correct and remedy any such deficiency.
13.5.3.2 In exercising the rights and remedies under this paragraph OWNER shall proceed expeditiously.
13.5.3.3 In connection with such corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the WORK, and suspend CONTRACTOR’s services related thereto, take possession of CONTRACTOR’s tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere.
13.5.3.4 CONTRACTOR shall allow OWNER, Engineers, Agents and employees, OWNER’s other contractors, CONSTRUCTION MANAGER and DESIGN CONSULTANT access to the site to enable OWNER to exercise the rights and remedies under this paragraph.
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13.5.3.5 All claims, costs, losses and damages incurred or sustained by OWNER in exercising such rights and remedies will be charged against CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the WORK, and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may unilaterally issue the Change Order through CONSTRUCTION MANAGER.
13.5.3.6 Such claims, costs, losses and damages will include but not be limited to all costs of repair or replacement of work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR’s Defective Work.
13.5.3.7 CONTRACTOR shall not be allowed an extension of the Contract Time (or Milestones) because of any delay in the performance of the WORK attributable to the exercise by OWNER of OWNER’s rights and remedies hereunder.
13.6 WARRANTY AND GUARANTEE
13.6.1 General - CONTRACTOR warrants and guarantees to OWNER that all work will be in accordance with the Contract Documents and will not be defective. Prompt notice of defects known to OWNER or CONSTRUCTION MANAGER shall be given to CONTRACTOR. All Defective Work, whether or not in place, may be rejected, corrected or accepted as provided in this Article 13. Defective Work may be rejected even if approved by prior inspection.
13.6.2 One (1) Year Warranty Period - The warranty period shall commence when the Notice of Completion is issued, at notice of Beneficial Occupancy or at notice of Partial Utilization of the work to be warranted has been issued, or a later date if so specified in the Agreement, or mutually agreed to, and extend until one (1) year after that date or whatever longer period may be prescribed by laws or regulations or by the terms of any applicable special guarantee or specific provision of the Contract Documents.
13.6.3 Correction of Defective Work - If within the designated warranty period, or such longer period as may be required by Laws or Regulations, the WORK, or any part of the WORK, is discovered to be defective, CONTRACTOR shall promptly, without an adjustment in Contract Price and in accordance with OWNER’s or CONSTRUCTION MANAGER’s written instructions, either correct that Defective Work, or if it has been rejected by OWNER or CONSTRUCTION MANAGER, remove it from the site and replace it with non-Defective Work. If circumstances warrant it, including but not limited to, in an emergency, OWNER or CONSTRUCTION MANAGER may have the Defective Work corrected or the rejected WORK removed and replaced. In that event, CONTRACTOR shall not be allowed to recover any associated costs, and he shall reimburse OWNER for all direct, indirect and consequential costs of OWNER, and OWNER shall be entitled to an appropriate decrease in Contract Price, to withhold a set-off against amount recommended for payment, or make a claim on CONTRACTOR’s bond if CONTRACTOR has been paid in full. Where Defective Work (and damage to other WORK resulting therefrom) has been corrected, removed or replaced during the warranty period, the one (1) year warranty period with respect to such WORK will be extended for an additional period of one (1) year after such correction or removal and replacement has been satisfactorily completed.
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13.6.4 Early Completion - The one (1) year warranty period will not begin until the Notice of Completion is filed. If CONTRACTOR completes the WORK or portions thereof prior to this time, he shall preserve the equipment and/or facilities by developing and implementing a preventive maintenance program in compliance with manufacturer’s recommendations to maintain the equipment and/or facilities unless OWNER has issued a notice of Beneficial Occupancy or notice of Partial Utilization for the warranted WORK. At start up, CONTRACTOR will be required to get his equipment and/or facilities ready to put into service.
13.7 EXTENDED WARRANTIES AND GUARANTEES - OWNER may at its sole discretion extend the one (1) year warranty period up to twenty-four (24) months, in which case CONTRACTOR shall maintain the warranties and guarantees. If such extension of the one (1) year warranty period causes an increase in the cost of the warranties and guarantees provided by CONTRACTOR, an adjustment in Contract Price shall be made as provided by the Contract Documents.
13.7.1 Extended Warranties and Guarantees - OWNER may extend the one (1) year Warranty period for up to twenty-four (24) additional months.
ARTICLE 14 -- PAYMENTS TO CONTRACTOR AND COMPLETION
14.1 BASIS FOR PAYMENT
14.1.1 Lump Sum Items
14.1.1.1 General - Items for which quantities are indicated as Lump Sum shall be paid for at the price indicated in the Bid. Such payment shall be full compensation for the items of WORK and all work appurtenant thereto.
14.1.1.2 Critical Path Method (“CPM”) Schedule Used For Payment - Payment for all lump sum costs and services shall be based on the value of WORK accomplished. The allocation of cost to CPM schedule activities will be utilized for payment computation.
14.1.1.3 Critical Path Method Schedule Required - CONTRACTOR shall submit to CONSTRUCTION MANAGER a detailed cost loaded and manpower loaded CPM schedule, to be used as a basis for determining progress payments in accordance with the General Requirements.
14.1.2 Unit Priced Items
14.1.2.1 General - Unit price items will be paid for based on equivalent quantities installed or performed. Unless otherwise specified, quantities of WORK shall be determined from measurements or dimensions in horizontal planes. However, linear quantities of pipe, piling, fencing and timber shall be considered as being the true length measured along the longitudinal axis. Unless otherwise provided in the Specifications, volumetric quantities shall be the product of the mean area of vertical or horizontal sections and the intervening horizontal or vertical
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dimension. CONTRACTOR and CONSTRUCTION MANAGER will agree on the unit quantity to be used for payment prior to its installation or removal when possible, or immediately after installation.
14.1.2.2 Methods of Measurement - Materials and items of WORK which are to be paid for on the basis of measurement shall be measured in accordance with the methods stipulated in the particular sections involved.
14.1.2.3 Certified Weight - When payment is to be made on the basis of weight, the weighing shall be done on certified platform scales or, when approved by CONSTRUCTION MANAGER, on a completely automated weighing and recording system. CONTRACTOR shall furnish CONSTRUCTION MANAGER with duplicate licensed weighmaster’s certificates showing the actual net weights.
14.1.2.4 Units of Measurement - Measurements shall be in accordance with U.S. standard measures. A pound is an avoirdupois pound. A ton is two thousand (2,000) pounds avoirdupois.
The unit of liquid measure is the U.S. gallon.
14.2 PAYMENT
14.2.1 Wasted Or Rejected Material - Payment will not be made for materials wasted or disposed of in a manner not called for in the Contract Documents. This includes rejected material not unloaded from vehicles, material rejected after it has been placed and material placed outside of the plan lines. No compensation will be allowed for disposing of rejected or excess materials.
14.2.2 CONTRACTOR Retains Ownership - Payment shall not relieve CONTRACTOR from its obligations under the Agreement, nor shall such payment be construed to be acceptance of any of the WORK. Payment shall not be construed as the transfer of ownership of any equipment or materials to OWNER. Responsibility of ownership shall remain with CONTRACTOR who shall be obligated to store, protect, repair, replace, rebuild or otherwise restore any fully or partially completed WORK or structure for which payment has been made, or replace any materials or equipment required to be provided under the Agreement which may be damaged, lost, stolen or otherwise degraded in any way prior to final acceptance of the WORK.
14.2.3 Payment Does Not Affect Warranty - Guarantee and warranty periods shall not be affected by any payment but shall commence as specified in Article 13.6.2.
14.2.4 Stop Notice - If, within the time fixed by law, a properly executed notice to stop payment is filed with OWNER, due to CONTRACTOR’s failure to pay for labor or materials used in the WORK, all money due for such labor or materials will be withheld from payment to CONTRACTOR in accordance with applicable laws.
14.3 APPLICATION FOR PROGRESS PAYMENT
14.3.1 Payment Due Date - CONTRACTOR shall, on the payment application date designated by CONSTRUCTION MANAGER, submit to CONSTRUCTION MANAGER for review, an
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Application for Payment filled out and signed by CONTRACTOR covering the WORK completed as of the date of the application and accompanied by such supporting documentation as is required by the General Requirements.
14.3.2 Payment Application Content - The Application for Payment shall identify, as a subtotal, the amount of CONTRACTOR’s total earnings to date, plus the value of materials stored at the site which have not yet been incorporated in the WORK, and less a deductive adjustment for materials previously paid. Payment for such material shall not be construed as acceptance of the material.
14.3.3 Net Payment - The net payment due CONTRACTOR shall be the above-mentioned subtotal from which shall be deducted retainage and the total amount of all previous payments made to CONTRACTOR.
14.3.4 Retention - A retention of five (5) percent of each approved progress payment will be withheld until the work is fifty (50) percent complete; then OWNER may, at its option, refund that portion of retainage held by OWNER that is in excess of five (5) percent of the total of the WORK done to date and thereafter continue to retain five (5) percent of the value of all approved progress payment requests subsequently submitted. When the Notice of Completion is issued, OWNER at its option, may refund any portion of the remaining retention.
14.3.5 Retainage From Payments - CONTRACTOR may elect to receive one hundred (100) percent of payments due under the Contract Documents from time to time, without retention of any portion of the payment by OWNER, by depositing securities of equivalent value with OWNER in accordance with the provisions of section 22300 of the Public Contract Code. Such securities, if deposited by CONTRACTOR, shall be valued by OWNER, whose decision on valuation of the securities shall be final. Securities eligible for investment under this provision shall be limited to those listed in section 16430 of the Government Code, bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts, standby letters of credit or any other security mutually agreed to by CONTRACTOR and OWNER.
14.3.6 Reinstating Retention - OWNER may reinstate up to five (5) percent retention of the total of the WORK done if OWNER determines, at its discretion, that CONTRACTOR is not performing the WORK satisfactorily or there is other specific cause for such withholding.
14.3.7 Products Stored On and Off Site - Storage and payment for material supplies and/or equipment which will be incorporated into the WORK shall be in accordance with the provisions of the General Requirements.
14.4 CONTRACTOR’S WARRANTY OF TITLE - CONTRACTOR warrants and guarantees that title to all work, materials and equipment covered by an Application for Payment, whether incorporated in the WORK or not, will pass to OWNER at the time of Final Payment free and clear of all liens.
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14.5 APPLICATIONS FOR PROGRESS PAYMENT - Thirty (30) Days after presentation of undisputed and properly submitted Application for Payment, the amount will become due and when due will be paid by OWNER to CONTRACTOR.
Any payment request that is disputed or determined to be improper shall be returned to CONTRACTOR not later than seven (7) Days after receipt accompanied by documentation describing the reason(s) why the payment request is not proper.
Any progress payment not made within thirty (30) Days of an undisputed and properly submitted payment request will require OWNER to pay interest as provided by Public Contract Code section 20104.50.
14.6 REJECT PAYMENT FOR DEFECTIVE WORK - CONSTRUCTION MANAGER may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in CONSTRUCTION MANAGER’s opinion to protect OWNER from loss because:
14.6.1 The WORK is defective, or completed WORK has been damaged requiring correction or replacement,
14.6.2 The Contract Price has been reduced by written amendment or Change Order,
14.6.3 OWNER has been required to correct Defective Work or complete WORK in accordance with Article 13.
14.6.4 CONSTRUCTION MANAGER has actual knowledge of the occurrence of any of the events enumerated in Article 15.
14.7 REJECTION OF PAYMENT BY OWNER - OWNER may refuse to make payment of the full amount recommended by CONSTRUCTION MANAGER because claims have been made against OWNER on account of CONTRACTOR’s performance of the WORK or liens have been filed in connection with the WORK or there are other items entitling OWNER to a credit against the amount recommended, but OWNER must give CONTRACTOR written notice within seven (7) Days (with a copy to CONSTRUCTION MANAGER) stating the reasons for such action.
14.8 SUBSTANTIAL COMPLETION
14.8.1 When CONTRACTOR considers the WORK ready for its intended use CONTRACTOR shall notify CONSTRUCTION MANAGER in writing that the WORK is substantially complete.
CONTRACTOR shall attach to this notice a list of all work items that remain to be completed.
14.8.2 Within a reasonable time thereafter, OWNER, CONTRACTOR and CONSTRUCTION MANAGER shall make an inspection of the WORK to determine the status of completion.
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14.8.3 If CONSTRUCTION MANAGER does not consider the WORK substantially complete, or the list of remaining work items to be comprehensive, CONSTRUCTION MANAGER will notify CONTRACTOR in writing giving the reasons therefore.
14.8.4 If CONSTRUCTION MANAGER considers the WORK substantially complete, CONSTRUCTION MANAGER will prepare and deliver to OWNER a notice of Substantial Completion, which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before Final Payment. At the time of delivery of the notice of Substantial Completion, CONSTRUCTION MANAGER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending Final Payment between OWNER and CONTRACTOR with respect to security, operation, Safety, maintenance, heat, utilities, insurance and warranties and guarantees.
14.8.5 OWNER shall have the right to exclude CONTRACTOR from the WORK after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the list of remaining WORK items, or for warranty work.
14.9 PARTIAL UTILIZATION AND BENEFICIAL OCCUPANCY
14.9.1 Partial Utilization - OWNER shall have the right to utilize or place into service any item of equipment or other usable portion of the WORK which is substantially complete prior to completion of all of the WORK. Whenever OWNER plans to exercise said right, CONTRACTOR will be notified in writing with a notice of Partial Utilization signed by OWNER identifying the specific portion or portions of the WORK to be so utilized or otherwise placed into service.
Liquidated damages will not be affected.
14.9.2 Beneficial Occupancy - OWNER shall have the right to take control of the entire WORK if it is substantially completed. Whenever OWNER plans to exercise said right CONTRACTOR will be notified in writing with a notice of Beneficial Occupancy. Such use by OWNER will terminate liquidated damages.
14.9.3 Responsibility For Care and Maintenance - It shall be understood by CONTRACTOR that until Beneficial Occupancy or Partial Utilization notices are issued or start up begins, all responsibility for care and maintenance of all of the WORK shall be the responsibility of CONTRACTOR. Upon issuance of said written notice of Beneficial Occupancy or notice of Partial Utilization, OWNER will accept responsibility for the protection and maintenance of all such items or portions of the WORK described in the written notice.
14.9.4 CONTRACTOR Responsible For Completion - CONTRACTOR shall retain full responsibility for satisfactory completion of the WORK, regardless of whether a portion thereof has been partially utilized by OWNER.
14.10 FINAL INSPECTION - Upon written notice from CONTRACTOR that the entire WORK or an agreed portion thereof is complete, CONSTRUCTION MANAGER will make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all
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particulars in which this inspection reveals that the WORK is incomplete or defective.
CONTRACTOR shall immediately take such measures as are necessary to complete such WORK or remedy such deficiencies.
14.11 FINAL APPLICATION FOR PAYMENT - After CONTRACTOR has completed all of the remaining work items referred to in Article 14, removed all temporary structures and utilities, cleared the site, delivered all maintenance and operating instructions, schedules, guarantees, Bonds, certificates of inspection, marked-up record documents and other documents, all as required by the Contract Documents, and after CONSTRUCTION MANAGER has indicated that the WORK is acceptable, CONTRACTOR may make application for Final Payment following the procedure for progress payments. The final Application for Payment shall be accompanied by all documentation called for in the Contract Documents, together with complete and legally effective releases or waivers satisfactory to OWNER of all liens arising out of or filed in connection with the WORK. If CONTRACTOR has specific claims outstanding he shall restate these claims by stating the nature of the claim, the basis for entitlement and the estimated value of the claim.
CONTRACTOR shall specifically release OWNER from any other claims not renewed.
14.12 FINAL PAYMENT AND ACCEPTANCE
14.12.1 If, on the basis of CONSTRUCTION MANAGER’s observation of the WORK during construction and final inspection, and CONSTRUCTION MANAGER’s review of the final Application for Payment and accompanying documentation, all as required by the Contract Documents, CONSTRUCTION MANAGER is satisfied that the WORK has been completed and CONTRACTOR’s other obligations under the Contract Documents have been fulfilled, CONSTRUCTION MANAGER will, within fourteen (14) Days after receipt of the final Application for Payment, indicate in writing CONSTRUCTION MANAGER’s recommendation of payment and present the Application for Payment to OWNER for payment. CONSTRUCTION MANAGER will also prepare a Notice of Completion.
14.12.2 After acceptance of the WORK by OWNER, OWNER will make Final Payment to CONTRACTOR of the amount remaining after deducting all prior payments and all amounts to be kept or retained under the provisions of the Contract Documents. OWNER will sign the Notice of Completion and file the Notice of Completion with the County Recorder.
14.13 LIQUIDATED DAMAGES
14.13.1 - Failure of CONTRACTOR to complete the WORK within the time allowed will result in damages being sustained by OWNER. For each consecutive calendar Day in excess of the time specified for completion of the WORK, CONTRACTOR shall pay to OWNER, or have withheld from monies due it, the sum provided for in the Contract Documents.
14.13.2 Execution of the Agreement shall constitute agreement by OWNER and CONTRACTOR that specified liquidated damages is the minimum value of the costs and actual damage caused by failure of CONTRACTOR to complete the WORK within the allotted time; that such sum is liquidated damages and shall not be construed as a penalty, and that such sum will be deducted from Final Payment due CONTRACTOR if such delay in completion occurs.
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14.14 PARTIAL RELEASE OF RETENTION AT SUBSTANTIAL COMPLETION - If, through no fault of CONTRACTOR, final completion of the WORK is significantly delayed and if CONSTRUCTION MANAGER so confirms, OWNER shall, upon receipt of CONTRACTOR’s final Application for Payment and recommendation of CONSTRUCTION MANAGER, and without terminating the Agreement, make payment of the balance due for that portion of the WORK fully completed and accepted. If the remaining balance to be held by OWNER for WORK not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in Article 5, the written consent of the surety to the payment of the balance due for that portion of the WORK fully completed and accepted shall be submitted by CONTRACTOR to CONSTRUCTION MANAGER with the Application for such payment. Such payment shall be made under the terms and conditions governing Final Payment, except that it shall not constitute a waiver of claims.
14.15 WAIVER OF CLAIMS - The making and acceptance of Final Payment will constitute:
14.15.1 OWNER - A waiver of all claims by OWNER against CONTRACTOR, except claims arising from unsettled liens, from Defective Work appearing after final inspection pursuant to Article 14, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR’s continuing obligations under the Contract Documents; and
14.15.2 CONTRACTOR - A waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled and specifically renewed in the Application for Payment.
14.16 RELEASE OF RETAINAGE AND OTHER DEDUCTIONS - After executing the necessary documents to initiate the lien period, and not more than thirty-five (35) Days thereafter (based on a thirty (30) Day lien filing period and five (5) Day processing time), OWNER will release to CONTRACTOR the retainage funds withheld pursuant to the Agreement, less any deductions to cover pending third-party claims and liquidated damages against CONTRACTOR.
14.17 CONTRACTOR’S CONTINUING OBLIGATION - CONTRACTOR’s obligation to perform and complete the WORK in accordance with the Contract Documents shall be absolute.
Neither recommendation of any progress or Final Payment by CONSTRUCTION MANAGER, nor the issuance of a Notice of Completion, nor any payment by OWNER to CONTRACTOR under the Contract Documents, nor any use or occupancy of the WORK or any part thereof by OWNER, nor any act of acceptance by OWNER nor any failure to do so, nor any review of a Shop Drawing or sample submittal, will constitute an acceptance of work not in accordance with the Contract Documents or a release of CONTRACTOR’s obligation to perform the WORK in accordance with the Contract Documents.
14.18 TERMINATION OF LIABILITY OF OWNER - The acceptance by CONTRACTOR of final payment referred to in Article 14 herein, shall be a release of OWNER and CONSTRUCTION MANAGER from all claims of liability to CONTRACTOR for anything done or furnished for, or relating to, the WORK or for any act or neglect of OWNER or of any person
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relating to or affecting the WORK, except demands against OWNER for the remainder, if any, of the amounts kept or retained under the provisions of Article 14 herein; and excepting pending, unresolved claims renewed with the final Application for Payment.
ARTICLE 15 -- SUSPENSION OF WORK AND TERMINATION
15.1 SUSPENSION OF WORK BY OWNER - OWNER, acting through CONSTRUCTION MANAGER, may, at any time and without cause, suspend the WORK or any portion thereof for a period of not more than ninety (90) Days by notice in writing to CONTRACTOR.
CONTRACTOR shall resume the WORK on receipt from CONSTRUCTION MANAGER of a notice of resumption of WORK. CONTRACTOR may submit a request for a change in the Contract Price or of the Contract Time, or both, directly attributable to the suspension as provided in Articles 11 and 12.
15.2 ARCHAEOLOGICAL AND PALEONTOLOGICAL DISCOVERIES
15.2.1 If a discovery is made of an archaeological or paleontological interest, CONTRACTOR shall immediately cease operations in the area of the discovery and shall not continue until ordered by CONSTRUCTION MANAGER. This suspension of work may exceed the ninety (90) Day limit without creating a CONTRACTOR right to terminate the Agreement. When resumed, operations within the area of the discovery shall be as directed by CONSTRUCTION MANAGER.
15.2.2 Discoveries which may be encountered may include, but not be limited to, dwelling sites, stone implements or other artifacts, animal bones, human bones, fossils or any item with culturally significance.
15.2.3 CONTRACTOR shall be entitled to an extension of time and compensation in accordance with the provisions of the Contract Documents.
15.3 TERMINATION OF AGREEMENT BY OWNER FOR CAUSE
15.3.1 In the event of default by CONTRACTOR, OWNER shall give fourteen (14) Days written notice to CONTRACTOR of OWNER’s intent to terminate the Agreement and provide CONTRACTOR opportunity to remedy the conditions constituting the default.
15.3.2 CONTRACTOR Default - It shall be considered a default by CONTRACTOR when CONTRACTOR:
15.3.2.1 Declares bankruptcy, becomes insolvent, assigns its assets for the benefit of its creditors, or is unable to pay debts as they become due;
15.3.2.2 Fails to provide materials or workmanship meeting the requirements of the Contract Documents, and fails to correct the Defective Work as required by Article 13;
15.3.2.3 Disregards or violates provisions of the Contract Documents or CONSTRUCTION MANAGER’s instructions;
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15.3.2.4 Fails to prosecute the WORK according to the approved progress schedule;
15.3.2.5 Fails to provide a qualified superintendent, competent workers or materials or equipment meeting the requirements of the Contract Documents;
15.3.2.6 Fails to maintain license or insurance.
15.3.3 If CONTRACTOR fails to remedy the conditions constituting default within the time allowed, OWNER may then issue the notice of termination.
15.3.4 In the event the Agreement is terminated in accordance with Article 15, OWNER may take possession of the WORK and may complete the WORK by whatever method or means OWNER may select. The cost of completing the WORK shall be deducted from the balance which would have been due CONTRACTOR had the Agreement not been terminated and the WORK completed in accordance with the Contract Documents. If such cost exceeds the balance which would have been due, CONTRACTOR shall pay the excess amount to OWNER. If such cost is less than the balance which would have been due, CONTRACTOR shall not have claim to the difference.
15.4 RIGHTS OF OWNER PRESERVED - Where CONTRACTOR’s services have been so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of monies due CONTRACTOR by OWNER will not release CONTRACTOR from liability.
15.5 TERMINATION BY OWNER FOR JUST CAUSE - OWNER may terminate the Contract for just cause at its own discretion or when conditions encountered during the WORK make it impossible or impractical to proceed, or when OWNER is prevented from proceeding with the Agreement by act of God, by law or by official action of a public authority.
15.5.1 Termination for Convenience of OWNER
15.5.1.1 Termination of CONTRACTOR’s Performance of WORK - OWNER may terminate, subject to the express terms and conditions set forth below, CONTRACTOR’s performance of work under this Agreement, in whole or, from time to time, in part, if OWNER’s City Council does not appropriate sufficient monies to fund the Agreement. The City Manager shall terminate on behalf of OWNER by delivering to CONTRACTOR a notice of termination, in writing, specifying the extent of termination and the effective date
15.5.1.2 Notice of Termination - After receipt of the notice of termination, and except as otherwise directed by OWNER’s City Manager, CONTRACTOR shall immediately proceed as follows:
15.5.1.2.1 Stop WORK immediately or as specified in the notice;
15.5.1.2.2 Immediately place no further subcontracts for materials, services or facilities, except as necessary to complete any authorized, continued portion of the Agreement;
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15.5.1.2.3 Immediately terminate all subcontracts to the extent they relate to the WORK terminated;
15.5.1.2.4 With approval by OWNER’s City Manager, settle all outstanding obligations arising from the termination of subcontracts, the approval of which will be final for purposes of this clause;
15.5.1.2.5 As directed by OWNER’s City Manager, transfer the title and deliver to OWNER, completed or partially completed drawings, plans, calculations, Specifications and any other documents and records that, if the Agreement has been completed, would be required to be furnished to OWNER;
15.5.1.2.6 Complete performance of the WORK not terminated;
15.5.1.2.7 Take any action that may be necessary, or that OWNER’s City Manager may direct, for the protection and preservation of the property related to the Contract Documents that is in the possession of CONTRACTOR and in which OWNER has or may acquire an interest.
15.5.1.3 Removal of CITY Property - CONTRACTOR may request OWNER to remove OWNER’s property or enter into an agreement for its storage. Within sixty (60) Days, OWNER will accept title of property and remove it or enter into a storage agreement.
15.5.1.4 Termination Settlement - After termination, CONTRACTOR shall submit a final termination settlement proposal to OWNER’s City Manager in the form and with the certification prescribed by OWNER’s City Manager. CONTRACTOR shall submit the proposal promptly, but not later than six (6) months from the effective date of termination, unless extended in writing, by OWNER’s City Manager upon written request of CONTRACTOR within this six (6) month period. However, if OWNER’s City Manager determines that the facts justify it, a termination settlement proposal may be received and acted on after six (6) months or any extension. If CONTRACTOR fails to submit the proposal within the time allowed, OWNER may, in good faith, determine, on the basis of information available, the fair and reasonable amount, if any, due CONTRACTOR as a result of the termination and pay the amount determined. If CONTRACTOR does not agree that the amount determined by OWNER’s City Manager is fair and reasonable, and if CONTRACTOR gives notice of such disagreement to OWNER in accordance with this paragraph of the Agreement within thirty (30) Days of receipt of payment, then the amount due shall be as fixed in a court of law.
15.5.1.5 Payment for CONTRACTOR Due to Termination - Subject to the above paragraph, CONTRACTOR and OWNER’s City Manager may agree upon the whole or any part of the amount to be paid because of the termination. The amount may include a reasonable allowance for profit on work done. However, the agreed amount, exclusive of costs shown in Paragraph
15.5.1.6.3 below, may not exceed the total dollar amount authorized by OWNER as reduced by (1) the amount of payments previously made; and (2) the Contract Price of work not terminated.
The Contract Documents shall be amended, and CONTRACTOR paid the agreed amount. The paragraph below shall not limit, restrict or affect the amount that may be agreed upon to be paid under this paragraph.
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15.5.1.6 Failure to Agree on Payment - If CONTRACTOR and OWNER fail to agree on the whole amount to be paid because of the termination of WORK, OWNER shall pay CONTRACTOR the fair and reasonable amounts determined in good faith by OWNER as follows, but without duplication of any amounts agreed above:
15.5.1.6.1 The Contract Price for completed services accepted by OWNER not previously paid for, adjusted for any saving of freight and other charges.
15.5.1.6.2 The total of:
15.5.1.6.2.1 The costs incurred in the performance of the WORK terminated, including initial costs and preparatory expense allocable thereto, but excluding any costs’ attributable to services paid or to be paid under Paragraph 15.5.1.6;
15.5.1.6.2.2 The fair and reasonable cost of settling and paying termination settlement proposals under terminated subcontracts that are properly chargeable to the terminated portion of the Agreement if not included in paragraph above; and
15.5.1.6.2.3 A sum, as profit on the above paragraph determined by OWNER’s City Manager to be fair and reasonable under the circumstances; however, if it appears that CONTRACTOR would have sustained a loss on the entire Agreement had it been completed, OWNER shall allow no profit under this paragraph and shall reduce the settlement to reflect the indicated rate of loss.
15.5.1.6.3 The reasonable costs of settlement of the WORK terminated, including:
15.5.1.6.3.1 Accounting, legal, clerical and other expenses reasonably necessary for the preparation of termination of settlement proposals and supporting data;
15.5.1.6.3.2 The termination and settlement of subcontracts (excluding the amounts of such settlements); and
15.5.1.6.3.3 Storage, transportation and other costs incurred, reasonable necessary for the preservation, protection or disposition of property in which OWNER has or may acquire an interest.
15.5.1.7 Dispute of Payment - If CONTRACTOR does not agree that the amount determined by OWNER’s City Manager under the paragraph above is fair and reasonable and if CONTRACTOR gives notice of such disagreement to OWNER in accordance with Paragraph 15.5.1.4 of this Contract within thirty (30) Days of receipt of payment, then the amount due shall be as determined in a court of law.
15.5.1.8 Payment for Property Destroyed, Lost Stolen or Damaged - Except to the extent that OWNER expressly assumed the risk of loss, OWNER’s City Manager shall exclude from the amounts payable to CONTRACTOR under Paragraph 15.5.1.6 above, the fair value, as determined
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by OWNER’s City Manager, of property that is destroyed, lost, stolen or damaged so as to become undeliverable to OWNER.
15.5.1.9 Determination of Amount Due CONTRACTOR - In arriving at the amount due CONTRACTOR under this clause, there shall be deducted:
15.5.1.9.1 All unliquidated advance or other payments to CONTRACTOR under the terminated portion of this Agreement;
15.5.1.9.2 Any claim which OWNER has against CONTRACTOR under this Agreement; and
15.5.1.9.3 The agreed price for, or the proceeds of sale of, materials, supplies or other things acquired by CONTRACTOR or sold under the provisions of this clause and not recovered by or credited to OWNER.
15.5.2 Partial Termination - If the termination is partial, CONTRACTOR may file a proposal with OWNER’s City Manager for an equitable adjustment of the price(s) of the continued portion of the Agreement. OWNER shall make any equitable adjustment agreed upon. Any proposal by CONTRACTOR for an equitable adjustment under this clause shall be requested within ninety (90) Days from the effective date of termination unless extended, in writing, by OWNER’s City Manager.
15.5.2.1 Partial Termination Payment - OWNER may, under the terms and conditions it prescribes, make partial payment and payments against costs incurred by CONTRACTOR for the terminated portion of the Agreement if OWNER’s City Manager believes the total of these payments will not exceed the amount to which CONTRACTOR will be entitled. If the total payments exceed amount finally determined to be due, CONTRACTOR shall repay the excess to OWNER upon demand, together with interest. Interest shall be at a rate of six (6) percent per annum compounded daily and shall be computed for the period from the date the excess payment is received by CONTRACTOR to the date the excess is repaid. Interest shall not be charged on any excess payment due to a reduction in CONTRACTOR’s termination settlement proposal because of retention or disposition, or a later date determined by OWNER’s City Manager because of the circumstances.
15.5.5.3 Records and Documents Relating to Termination - Unless otherwise provided in the Agreement or by statute, CONTRACTOR shall maintain all records and documents relating to the terminated portion of this Agreement for three (3) years after final settlement. This includes all books and other evidence bearing on CONTRACTOR’s costs and expenses under this Agreement.
CONTRACTOR shall make these records and documents available to OWNER, at CONTRACTOR’s office, at all reasonable times, without any direct charge. If approved by OWNER’s City Manager, photographs, microphotographs or other authentic reproductions may be maintained instead of original records and documents.
15.6 TERMINATION OF AGREEMENT BY CONTRACTOR - CONTRACTOR may terminate the Agreement upon ten (10) Days written notice to OWNER, whenever:
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15.6.1 the WORK has been suspended under the provisions of Article 15, for more than ninety (90) consecutive Days through no fault or negligence of CONTRACTOR, and notice to resume work or to terminate the Agreement has not been received from OWNER within this time period; or,
15.6.2 OWNER should fail to pay CONTRACTOR any monies due him in accordance with the terms of the Contract Documents and within ninety (90) Days after presentation to CONSTRUCTION MANAGER by CONTRACTOR of a request therefor, unless within said ten (10) Day period OWNER shall have remedied the condition upon which the payment delay was based.
15.6.3 In the event of such termination, CONTRACTOR shall have no claims against OWNER except for those claims specifically enumerated in Article 15, herein, and as determined in accordance with the requirements of said paragraph.
ARTICLE 16 - DISPUTES
16.1 GENERAL - All claims, counterclaims, disputes and other matters in question arising under, or relating to, the Contract Documents and/or the breach thereof shall be processed in accordance with the provisions of this Article and are subject to audit by OWNER’s internal audit staff in accordance with Article 17.
16.2 REQUESTS FOR CHANGE
16.2.1 CONTRACTOR’s Right To Request a Change - In accordance with Articles 11 and 12, CONTRACTOR may request a change in the Contract Price or an extension of the Contract Time.
Such a request shall be in writing, and shall be delivered to CONSTRUCTION MANAGER within the time periods outlined in Articles 11 and 12.
16.2.2 Initial Determination - CONSTRUCTION MANAGER shall make an initial determination on CONTRACTOR’s request in writing, within twenty (20) working Days of receipt of the requested supporting data.
16.2.3 CONTRACTOR Appeal and Claim - Should CONTRACTOR disagree with CONSTRUCTION MANAGER’s initial determination, CONTRACTOR may file a Claim requesting a final determination from CONSTRUCTION MANAGER. Such a request shall be in writing, and shall be delivered within twenty (20) working Days after receipt of CONSTRUCTION MANAGER’s initial determination, and after certifying his Claim in accordance with Paragraph 16.3.
16.2.4 Waiver Of Rights - Failure of CONTRACTOR to notify CONSTRUCTION MANAGER and deliver supporting data in accordance with the time periods outlined above or failure to respond to CONSTRUCTION MANAGER’s initial determination within the time period outlined in this paragraph, shall be deemed to be a waiver of objection or right to further Claim of this matter.
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16.3 CLAIMS
16.3.1 Definition of Claim - A Claim means a written demand by CONTRACTOR seeking an adjustment in Contract Price and payment of monies so due, an extension or shortening in Contract Time, or other relief arising under or relating to the Agreement following denial of CONTRACTOR’s request for a CONSTRUCTION MANAGER’s initial determination. A written demand by CONTRACTOR seeking the payment of money or an extension of time is not a Claim under this Article until certified as required below. A voucher, invoice or other routine Application for Payment that is not in dispute when submitted, is not a Claim under this Article.
16.3.2 Claim Arising Under The Agreement - A Claim arising under the Agreement, unlike a Claim relating to the Agreement, is a Claim that can be resolved under an Agreement provision that provides for or excludes the relief sought by the claimant. Such Claims shall be resolved under the applicable provisions of the Agreement.
16.3.3 Period Of Claim - For any Claim under this Article to be valid, it shall be based upon written notice delivered by CONTRACTOR to CONSTRUCTION MANAGER promptly, but in no event later than twenty (20) working Days, after receipt of CONSTRUCTION MANAGER’s initial determination as outlined in Paragraph 16.2. The responsibility to substantiate Claims shall rest with the party making the Claim.
16.3.4 Claim Certification Requirements - For all CONTRACTOR Claims seeking an increase in Contract Price or Contact Time, CONTRACTOR shall submit with the Claim an affidavit certifying that:
16.3.4.1 Claim Made In Good Faith - The Claim is made in good faith, and the amount claimed accurately reflects the adjustments in Contract Price or Contract Time for which CONTRACTOR believes OWNER is liable, and covers all direct, supplemental, indirect, consequential, serial and cumulative costs and delays to which CONTRACTOR is entitled as a result of the occurrence of the claimed event;
16.3.4.2 Cost And Pricing Data - Supporting cost and pricing data are current, accurate, complete and represent the best of CONTRACTOR’s knowledge and belief; and,
16.3.4.3 CONTRACTOR’s Agent - If CONTRACTOR is an individual, the affidavit shall be executed by that individual; if CONTRACTOR is not an individual, the affidavit shall be executed by a senior company official in charge at CONTRACTOR’s plant or location involved or a responsible officer or general partner of CONTRACTOR.
16.3.5 Progress Schedule Analysis - All Claims for time shall be supported by an analysis of the CPM Progress Schedule detailing the impact of the claimed work on specific impacted schedule activities.
16.4 CLAIM RESOLUTION PROCESS
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16.4.1 CONTRACTOR Claim - CONTRACTOR must submit his Claim certification and request for CONSTRUCTION MANAGER’s Final Determination to OWNER within twenty (20) working Days of receipt of CONSTRUCTION MANAGER’s initial determination.
16.4.2 CONSTRUCTION MANAGER Final Determination - CONSTRUCTION MANAGER must make a final written determination within twenty (20) working Days after receipt of CONTRACTOR’s certified Claim and written request for a final determination.
16.4.3 CONTRACTOR Notice - Should CONTRACTOR disagree with CONSTRUCTION MANAGER’s final determination, CONTRACTOR must submit a written request for a settlement meeting with OWNER to CONSTRUCTION MANAGER within fifteen (15) working Days.
16.4.4 Settlement Meeting - Within fifteen (15) working Days of receipt of CONTRACTOR’s request for settlement meeting, OWNER will schedule a settlement meeting with CONTRACTOR’s representative. This meeting will be an opportunity for CONTRACTOR to explain his Claim to OWNER. If a settlement agreement cannot be reached, OWNER will proceed to make his written determination.
16.4.5 OWNER Written Determination - OWNER shall make a written determination within twenty (20) working Days after the settlement meeting. OWNER’s determination shall be final and binding on CONTRACTOR unless CONTRACTOR notifies OWNER and CONSTRUCTION MANAGER in writing of his objection within fifteen (15) working Days after receipt of OWNER’s determination. Failure to give notice of objection within said fifteen (15) working Days period shall be deemed to be a waiver of his right to pursue the Claim.
Notwithstanding anything to the contrary, the following provisions of Labor Code Section 9204 shall apply regarding claims as set out in the construction agreement:
As set out in Public Contract Code Section 9402, this provision shall apply to any claim by a contractor in connection with a public works project.
(c) For purposes of this section:
(1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project. (B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the public entity. (2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project. (3) (A) “Public entity” means the City of El Centro.
(4) “Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind.
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(5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor. (d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision. (B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply.
(2) (A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute.
(B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section.
(C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation.
Any mediation utilized shall conform to the timeframes in this section.
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(D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced. (E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute.
(3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. (4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.
(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so.
(e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. (f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section.
(h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations.
16.5 VENUE
16.5.1 State of California - CONTRACTOR, and any Subcontractor, Supplier and any other person or organization performing any part of WORK, agree that each of them will waive jurisdiction and venue and shall submit to the jurisdiction of the courts of the State of California, regardless of residence or domicile, with respect to any actions or suits at law or in equity arising under or related to the bidding, award or performance of the WORK.
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16.5.2 County Where OWNER’s Headquarters Located - CONTRACTOR, Subcontractor, Supplier or any other person or organization shall not commence any action, other than those in the State of California in the county where OWNER’s Headquarters are located, against OWNER and CONSTRUCTION MANAGER or any of their consultants, and/or any of their respective directors, officers, employees, representatives or agents, with regard to any matter whatsoever arising out of or relating to the validity, construction, interpretation or reinforcement of the Agreement.
ARTICLE 17 -- MISCELLANEOUS
17.1 GIVING NOTICE - Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice.
17.2 CUMULATIVE REMEDIES - The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by the General Conditions and all of the rights and remedies available to OWNER and CONSTRUCTION MANAGER thereunder are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by laws or regulations, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply.
17.3 PROFESSIONAL FEES AND COURT COSTS INCLUDED - Whenever reference is made to claims, costs, losses and damages, it shall include in each case, but not be limited to, all fees and charges of engineers, architects and other professionals and all court or arbitration or other dispute resolution costs. Attorneys’ fees are specifically excluded and shall be the responsibility of each party.
17.4 RIGHT TO AUDIT
17.4.1 Owner’s Right - If CONTRACTOR submits a Claim or a time and material Change Order to OWNER for additional compensation, OWNER shall have the right, as a condition to considering the Claim, and as a basis for evaluation of the Claim, and until the Claim has been settled, to audit CONTRACTOR’s books to the extent they are relevant.
17.4.2 Right Includes - This right shall include the right to examine books, records, documents and other evidence and accounting procedures and practices, sufficient to discover and verify all direct and indirect costs of whatever nature claimed to have been incurred or anticipated to be incurred and for which the claim has been submitted.
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17.4.3 Right To Inspect Plans - The right to audit shall include the right to inspect CONTRACTOR’s plans, or such parts thereof, as may be or have been engaged in the performance of the WORK.
17.4.4 CONTRACTOR further agrees that the right to audit encompasses all subcontracts and is binding upon Subcontractors. The rights to examine and inspect herein provided for shall be exercisable through such representatives as OWNER deems desirable during CONTRACTOR’s normal business hours at the office of CONTRACTOR.
17.4.5 Accounting Records - CONTRACTOR shall make available to OWNER for auditing, all relevant accounting records and documents, and other financial data, and upon request, shall submit true copies of requested records to OWNER.
17.5 ALL LEGAL PROVISIONS INCLUDED - All provisions of law required to be inserted in the Agreement or Contract Documents shall be and are inserted herein. If through mistake, neglect, oversight or otherwise, any such provision is not herein inserted or inserted in improper form, upon the application of either party, the Agreement or Contract Documents shall be changed by OWNER, at no increase in Contract Price or extension in Contract Time, so as to strictly comply with the law and without prejudice to the rights of either party hereunder.
17.6 NO CONFLICT WITH LAWS OR REGULATIONS
17.6.1 The duties, obligations, criteria or procedure imposed by these General Conditions and the rights and remedies made available are in addition to, and are not to be construed in any way as a limitation of any rights and remedies available to any or all of them which are otherwise imposed or available by laws or regulations, except that in the event that a specific part or detailed requirement of a provision, criterion or procedure in these General Conditions and a specific part or detailed requirement of a provision, criterion or procedure imposed or available by laws or regulations are in conflict, the specific part or detailed requirement of such provision, criterion or procedure imposed or available by laws or regulations in conflict shall govern. All other specific parts or detailed requirements in the provisions, criteria or procedures of the applicable laws or regulations and these General Conditions not in conflict shall remain in full force and effect and be read with the controlling specific part or detailed requirement.
17.6.2 The provisions of paragraph 17.6 will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply.
- END OF GENERAL CONDITIONS –
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SUPPLEMENTARY GENERAL CONDITIONS
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SUPPLEMENTARY GENERAL CONDITIONS
GENERAL
These Supplementary General Conditions make additions, deletions or revisions to the General Conditions as indicated herein. All provisions which are not so added, deleted or revised remain in full force and effect. Terms used in these Supplementary General Conditions which are defined in the General Conditions have the meanings assigned to them in the General Conditions.
SGC-1 DEFINITIONS
Apparent Low Bidder - The Bidder whose Bid, having been publicly opened and read aloud, meets all the material requirements of the Bidding Documents, OWNER deems responsible in accordance with the OWNER’s municipal code, and whose Bid price is the lowest received SGC-5.1 PERFORMANCE AND OTHER BOND AMOUNTS
CONTRACTOR shall furnish a satisfactory Performance Bond in the amount of one hundred (100) percent of the Contract Price and a satisfactory Payment Bond in the amount of one hundred (100) percent of the Contract Price.
SGC-5.2.2 CONTRACTOR shall provide the types and amounts of insurance as set out in the Agreement:
SGC-5.2.3 CONTRACTOR shall provide the indemnification set out in the Agreement.
SGC-6.18 SAFETY
SGC-6.18.3 CONTRACTOR shall provide a qualified on-site health and Safety representative, accepted by CONSTRUCTION MANAGER, with the authority to enforce all of the Safety requirements of CONTRACTOR’s health and Safety program, including implementation of CONTRACTOR’s injury and illness prevention program. CONSTRUCTION MANAGER will make a risk-based decision as to the qualification level of CONTRACTOR’s Safety representative.
During periods of active construction (i.e., excluding weekends, weather delays or other periods of work inactivity), CONTRACTOR must have a designated representative on the construction worksite who is knowledgeable of the Project’s hazards and has full authority to act on behalf of CONTRACTOR. CONTRACTOR’s designated representative must make frequent and regular inspections of the construction worksite to identify and correct any instances of noncompliance with the Project health and Safety requirements.
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SGC-6.5 SUBCONTRACT LIMITATIONS
In addition to the provisions of Paragraph 6.5 of the General Conditions, CONTRACTOR shall perform not less than twenty (20) percent of the WORK with its own forces (i.e., without subcontracting). The twenty (20) percent requirement shall be understood to refer to the WORK, the value of which totals not less than twenty (20) percent of the Contract Price.
SGC-11.3.4 EQUIPMENT RENTAL RATES
CONTRACTOR will be paid for the use of equipment at the rental rate listed for such equipment specified in the current edition of the following reference publication:
A. “Rental Rate Blue Book” as published by Dataquest (a company of the Dunn and Bradstreet Corporation), 1290 Ridder Park Drive, San Jose, CA 95131, telephone number (408) 437-8000 or outside of California (800) 669-3282
SGC-12.5 INCLEMENT WEATHER DELAYS
CONTRACTOR’s construction schedule shall be based upon the inclusion of five (5) Days of inclement weather delays.
An inclement weather delay is defined as a delay caused by inclement weather which prevents CONTRACTOR from working on the controlling item in CONTRACTOR’s construction schedule. Should CONTRACTOR experience inclement weather delays over the course of contract duration in excess of the number of Days outlined above, CONTRACTOR shall be granted a time extension in accordance with the provisions outlined in Article 12 of the General Conditions. The time extension shall be based on the number of inclement weather Days in excess of the number of Days outlined above.
SGC-14.13 LIQUIDATED DAMAGES
SGC-14.13.3 OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that 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 proceeding the actual loss suffered by OWNER if the WORK is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay one thousand dollars ($1,500) for every working Day that expires in excess of the time specified for final completion of the WORK.
END OF SUPPLEMENTARY GENERAL CONDITIONS
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SPECIFICATIONS
1.01 STANDARD SPECIFICATIONS
Unless indicated otherwise, the work embraced herein shall be done in accordance with the appropriate provisions of construction details as shown in the specifications entitled “GREEN BOOK Standard Specifications for Public Works Construction,” the latest edition, insofar as the same may apply, which specifications are hereinafter referred to as the Standard Specifications and in accordance with the following provisions:
Class II base and Conventional Asphalt shall comply with Caltrans Standard Specifications, latest edition.
In case of conflict between the Standard Specifications and these General Conditions and Specifications, the General Conditions and Specifications shall take precedence over and be used in lieu of such conflicting portions.
1.02 SCOPE OF WORK
The work shall include grinding of existing asphalt concrete pavement, installation of conventionalasphalt concrete leveling course, asphalt-rubber and aggregate membrane, gap graded asphalt-rubber hot mix, slurry seal, crack filling, traffic loops, traffic striping, utility adjustments, curb/gutter, minor aggregate base and traffic control as described in Chapter 5 of the Caltrans Traffic Manual and the latest edition of California MUTCD.
END OF SPECIFICATIONS
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SPECIAL PROVISIONS
1. ORDER OF WORK
Prior to commencement of any work on the project, a preconstruction conference will be held for the purpose of review and discussion of progress schedule and construction procedures. At the discretion of the Director of Public Works, periodic meetings involving project personnel (the Contractor, utility and others) will be held for the purpose of coordinating project activities.
2. STARTING AND COMPLETION OF WORK
The work called for in these contract documents shall commence within (10) calendar days after that date set out in the Notice to Proceed issued by the City, and shall be diligently pursued to completion within Ninety (90) calendar days of said date.
3. FAILURE TO COMPLETE ON TIME AND LIQUIDATED DAMAGES
(See General Conditions 1-19) It is agreed by the parties to the Contract that in case of all work called for under the Contract is not completed before or upon the expiration of the time limits set forth in these Special Provisions, damages will be sustained by the City and that it will be impracticable to determine the actual damage by which the City will sustain in the event of and by reason of such delay and it is therefore agreed that the Contractor will pay to the City the sum of one thousand five hundred dollars ($1,500) per working day for each and every days delay beyond the time prescribed to complete the work.
4. MAINTAINING TRAFFIC
The Contractor shall maintain two-way traffic in the work area in accordance with the “Manual of Traffic Controls for Construction and Maintenance Work Zones” and the California MUTCD, latest Edition or as modified, available through the State of California, Department of Transportation, 1900 Royal Oaks Drive, Sacramento, California 95815.
Personal vehicles of the Contractor’s employees shall not be parked on the traveled way at any time, including any section closed to public traffic.
The Contractor shall make every effort to keep driveways open during working hours. After working hours, all driveways shall be accessible and safe. The payment for item shall be included in the bid price for the applicable item of work for which traffic control is performed.
The Contractor shall investigate and determine the extent of traffic control for the various areas of work.
It shall be the Contractor’s responsibility to provide traffic control plans and/or typical MUTCD applications which can be implemented for the various areas of work for City approval. As such, it shall be the Contractor’s responsibility to implement the approved traffic control plans. The contractor shall submit traffic warning signs, barricades, traffic control devices and all other items to the City Engineer or his representatives for approval during the submittal process prior to implementing traffic control at the project sites. Contractor shall purchase or rent and maintain traffic warning signs, barricades, flagmen, and other traffic control devices as required and to maintain traffic flow as required by the City of El Centro and State of California Transportation Department. All cost associated with maintaining traffic
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shall be included in the respective Traffic Control Lump Sum (LS) Item. No additional compensation or time extension will be provided for traffic control.
5. NOTICE AND POSTING REQUIREMENTS
The Contractor shall post and remove temporary “No Parking” signs as needed. Signs shall be in place for at least two (2) business days in advance of commencing of work. Signs may be attached to existing poles, or any available support that may exist in the public right-of-way or the Contractor may furnish sign supports as may be necessary.
Multiple notices shall be delivered and hung on door handles of each residence and to each business affected by the construction. The format and content of the notices shall be submitted to the City for approval at least two (2) weeks prior to use. Notices will be required as follows:
1) A general notice in all cases will be required two (2) weeks in advance of work, describing the sequence of activities that will affect parking and access to properties, to be delivered two (2) weeks prior to construction. This notice will generally addressing parking and access for street resurfacing with further details to follow on subsequent notices, except detailed information will be required in this first notice to explain the leveling course portion of the work. 2) A notice prior to ARAM, with specifics about parking and access, to be delivered two (2) business days prior to construction.
3) A notice prior to Slurry, with specifics about parking and access to be delivered two (2) business days prior to construction.
Notice numbers 1, 2 and 3 shall be delivered for System I and System II.
6. CONSTRUCTION AREA SIGNS
The Contractor shall furnish, install, maintain and remove all construction area signs in conformance with the plans and Sections 12-3.06 of the Standard Specifications.
7. REPAIR EXISTING ROADBED
Where directed by the Director of Public Works, broken or failed or other unsatisfactory portions of the existing roadbed shall be removed and disposed of and the resulting excavation shall be filled with asphalt concrete pavement in conformance with specifications and to be compensated by applicable bid item.
8. REMOVE PAVEMENT MARKINGS
Existing pavement markers, when no longer required for traffic lane delineation as directed by the Director of Public Works, shall be removed and disposed of.
Full compensation for removing and disposing of pavement markers shall be considered as included in the contract price for the applicable bid item for roadway surfacing and no separate payment will be made therefore.
9. ASPHALT CONCRETE LEVELING COURSE
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The work shall consist of installing asphalt concrete conforming to specifications for Type A HMA onehalf (½)inch Maximum, Medium, PG70-10.
9.01 Placing
All holes and cracks exceeding two (2) inches deep by five (5) inches wide by seven (7) inches long in all three (3) dimensions shall be filled with asphalt concrete approved for skin patch compacted level with the top of the existing pavement. All cracks and joints one-quarter (¼) inch or greater in width shall be blown thoroughly clear with high pressure air or power-broomed clean to a depth of three-quarters (¾) inch min. prior to final sweeping just ahead of leveling course.
Tack coat on all feathered areas and cold milled areas shall be SS-1h applied at .48 liters per square meter (.12 gal/sy).
The Contractor shall place asphalt concrete with a self-propelled asphalt paving machine. The Contractor shall provide a twenty (20) foot long automatic screed control on both sides of the paving machine for all paving with paving machine, as directed by the Engineer.
Each paving machine used will require a paving foreman for each machine along with a full set of rollers as specified and two (2) rakers and one (1) shoveler laborer as a minimum.
Asphalt concrete shall be placed at a minimum thickness of three-quarters (¾) inch. Non-uniform surface voids or scraped rock surfaces on the surface of the mat behind the screed will be considered indication of aggregate particle conflicts between screed and existing grade, resulting in cessation of paving until adjustment of thickness to provide for a smooth surface is provided to the satisfaction of the Engineer.
Rolling along a joint shall be such that the widest part of the roller is on the hot side of the joint.
Rubber tire rollers shall be used on any leveling course.
Join lines between successive runs shall be within one hundred fifty (150) mm (six (6) inches) of lane lines or a minimum of three and six-tenths (3.6) m (twelve (12) feet) outside of the outer most lane line.
9.02 Compaction
The Contractor shall use the following equipment as a minimum:
One (1) pass with a steel-wheeled two (2) axle tandem vibratory breakdown roller weighing between ten (10) tons and twelve (12) tons with wheels whose diameter shall measure a minimum of forty (40) inches.
Two (2) passes with a pneumatic-tired roller weighing not less than twelve (12) tons.
An eight (8) to ten (10) ton roller shall perform finish rolling.
9.03 Payment
Payment of this item complete shall be by the square yard for leveling course, and shall be considered to
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include compensation for all holes and crack preparation as specified in this Section 9 of Special Provisions.
10. ASPHALT CONCRETE REPAIRS
10.01 Remove and replace Asphalt Pavement
The work under this item shall include removal and replacement of existing asphalt concrete pavement.
Repair locations will be as marked by the Engineer on the existing pavement. The perimeter of all repairs shall be sawcut minimum three (3) inches deep. Replacement shall match existing asphalt thickness plus 25%.
Asphalt replacement shall be performed the same day as removals.
Asphalt concrete used for remove and replace asphalt pavement shall be HMA Type A three-quarters (¾) inches Maximum, Coarse, PG70-10.
Tack coat for vertical joints on repairs in AC shall be uniformly applied as two coats SS-1h applied uniformly at .64 liter per square meter (.20 gal/SY) each coat.
Compensation for Remove and Replace Asphalt Pavement will be made at the unit price per SF per bid item “Digouts”. The price per SF shall include sawcut, excavation and removal, subgrade preparation including compaction, tack coat, and placement and compaction of HMA and all incidentals.
10.02 Skin Patch
Areas marked with an “S” shall receive a layer of a fine AC mix on existing pavement. The AC mix design shall be submitted to the Engineer for review and approval at least five (5) working days prior to use on the project. Pavement shall be allowed to dry prior to placement of any material and a torch shall be used to evaporate and thoroughly dry out any residual dampness prior to application of tack coat. Tack coat shall be applied in all areas to be paved, but no more than ten (10) minutes ahead of paving in wet areas. AC skin patch material shall be placed in the depressed area slightly below flush with surrounding pavement. Thorough compaction shall be provided by a walk behind roller or other small roller.
Tack coat on all feathered areas around the perimeter of skin patches shall be .13 gal/SY. It is considered extremely important that material used for feathers be rolled above minimum temperature. The Contractor shall provide a heated compartment to maintain temperature of material or bring enough material to maintain temperature of the mass of AC until placement is complete.
The unit price bid per square foot for Skin Patch will be considered full compensation for all preparation, tack coat, materials, placement and compaction of skin patch, including all incidentals.
10.03 Crack Filling/Sealing
This specification applies to areas on plan receiving: a) slurry seal or; b) ARAM System 1.
Crack sealing shall be limited to linear cracks, thermal cracks and block cracks. In no case shall alligator
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cracks be crack filled.
An alligator crack shall be considered to be a crack not meeting the definition of block crack and that that is located in the traffic wheel path.
A block crack shall be considered to be a crack on the perimeter of an otherwise uncracked asphalt pavement area when the largest dimension across said area four (4) feet or more. Cracks not fully interconnected in forming a complete perimeter shall be considered block cracks, unless the maximum dimension across the partial perimeter between cracks can be measured as less than four (4) feet. Such pavement area is defined by the cracks forming its perimeter. 1) The Contractor shall spray all weeds in cracks with Monsanto brand Roundup (or approved equal), a minimum of two (2) weeks prior to paving. All weeds shall be resprayed if rain occurs within forty-eight (48) hours after application;
2) All cracks and holes with weeds shall be routed clear to a depth of one (1) inch; 3) All holes and cracks exceeding one and one-half (1½) inches wide shall be filled with asphalt concrete approved for skin patch compacted level with the top of the existing pavement; 4) All cracks and joints one-quarter (¼) inch or greater in width shall be blown thoroughly clear with high pressure air or power broomed clean to a depth of three-quarters (¾) inch minimum immediately ahead of the crack filling operation; and
5) All joints and singular cracks between one-quarter (¼) inch (one-half (½) at ARAM system 1) and one and one-half (1½) inches in width shall be filled with Crafco Polyflex III or approved equal.
Filler shall be within one-eighth (1/8) inch below and flush with existing pavement surface and shall be thoroughly squeegeed, as necessary, to attain this result.
Any crackfiller in excess of that specified at any point on the pavement after crackfiller has cooled shall be heated with a torch and thoroughly squeegeed to meet specifications. Crackfiller that becomes unbonded shall be removed, and the lack of bonding shall be considered evidence that the crack was not thoroughly blown clean, thereby requiring recleaning, refilling and squeegeeing.
Crackfiller material shall be allowed to cure for thirty (30) days prior to being covered by slurry or Fog Seal applications.
Payment for crack cleaning, crack filling, herbicide application and related street cleaning shall be made at the lump sum price for Crack Filling, and shall include all materials, equipment and labor for such work, and no additional compensation will be allowed.
11. SLURRY SEAL
Construction and materials for Emulsion-Aggregate Slurry shall conform to Subsection 203-5 and 302-4 of the GREENBOOK, except as modified herein.
SECTION 203-5 – RUBBERIZED EMULSION-AGGREGATE SLURRY
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203-5.1 General
Emulsion-aggregate slurry shall be polymer modified.
203-5.2 Materials
Emulsion - aggregate slurry shall be Type II, unless otherwise indicated on the plans, bid schedule or in these specifications. The amount and type of accelerator or retardant used shall be approved by the Engineer, and shall provide for curing sufficiently to support traffic within two (2) hours.
Emulsified asphalt shall be CQS-1h.
Prior to the time of delivery of each shipment of asphalt emulsion, the Contractor shall deliver to the City certified copies of the test report for that emulsion. The test report shall indicate the name of the vendor, type and grade of asphalt emulsion, date and point of proposed delivery, quantity, purchase order number and results of the specified tests. The test report shall be signed by an authorized representative of the vendor, shall certify that the product delivered conforms to the standard specifications and is compatible with the proposed aggregate. Testing shall be accomplished by an accredited materials testing laboratory approved by the Engineer.
Prior to a change of emulsion, the Contractor shall thoroughly clean all emulsion tanks and mixing units to prevent any chemical reaction between the two (2) emulsions.
The Contractor shall schedule and coordinate the delivery of aggregate to the stockpile(s) such that (1) deliveries originate at the plant and arrive at the stockpile site within normal work hours on the same calendar day, (2) delivery site and project name are explicitly stated on each delivery ticket, (3) successive deliveries on the same calendar day show the cumulative total for that day, (4) copies of all delivery tickets are delivered to the Engineer before the end of the working day, whereas any delivery tickets not so delivered may be rejected by the Engineer. Any deviation from this process must have the prior approval of the Engineer. 203-5.2.1 Polymer Modified Emulsion. Polymer modified emulsion-aggregate slurry shall conform to Table 203-5.2.1(A).
Asphalt emulsions shall be composed of a paving asphalt base uniformly emulsified with water and an emulsifying or stabilizing agent. Polymer modified asphalt emulsions shall also contain a polymer.
The asphalt emulsion shall be homogeneous. Within thirty (30) days after delivery and provided separation has not been caused by freezing, the asphalt emulsion shall be homogeneous after thorough mixing. The polymer used in the manufacture of polymer modified asphaltic emulsion shall be, at the option of the Contractor, either neoprene, ethylene vinyl acetate or a blend of butadiene and styrene.
The emulsion supplier shall certify that the asphalt residue contains at least two and one-half (2½) percent polymer (dry weight) and that the polymer has either been added as a solid polymer to the base asphalt, or has been added in the form of a latex at the time of emulsion
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manufacture.
Polymer modified emulsified asphalt shall be kept in a suspended state by an agitating mixer operated every three (3) days.
TABLE 203-5.2.1(A)
Requirements for Polymer Modified Cationic Quick Setting Emulsions (PMCQS1h)
Properties Min. Max.
Tests on Emulsions
Viscosity SSF, @ 77˜F
Sieve Test, %
Storage Stability, 1 day, %
Residue by Evaporation
Particle Charge
15.0 57.0
Positive
90.0 0.3
1.0 Tests on Residue from Evaporation Test
Penetration, 77˜ F
Ductility, 77˜ F, cm
Absolute Viscosity @ 140˜ F, poise
Solubility in Trichloroethylene
40.0 40.0
2,250.0
97.0 90.0
Quantitative Test for Polymer Content
Either;
Torsional Recovery, %
or
Polymer Content in Residue, wt %
18.0 2.5 3.0
203-5.6 Test Reports and Certification. A certification of compliance shall be provided at least forty-eight (48) hours prior to delivery of emulsion to the project.
Testing shall be accomplished by an accredited materials testing laboratory approved by the Engineer. Tests performed shall provide values corresponding to all parameters set forth in the table of requirements for the materials specified.
302-4 SLURRY SEAL SURFACING
302-4.1 General. After application, slurry shall be rubber tire rolled in all areas. The work to be done consists of furnishing all plant, labor, materials, tools, equipment and services necessary for the application of emulsion-aggregate slurry upon designated ARAM street surface areas.
302-4.2 Mixing
302-4.2.1 General. Transit mix trucks shall not be used.
The Contractor shall arrange with the City for appropriate areas for stockpiling and batching. The stockpile areas shall be thoroughly cleaned, removing all excess
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material and all material contaminated by spilled oil and left with a neat, orderly appearance upon completion of slurry operations in that area. Stockpiles shall be covered as necessary to prevent contamination by all materials including excessive moisture. No equipment or materials shall be stored in the public right-of-way.
The Contractor shall be responsible for all stockpiling and batching materials and equipment.
All trucks which the Contractor proposes to use that exceed the legal load limit will be required to have overweight permits from the City.
Loaders used to load spreader trucks shall be equipped with functioning weighing devices with weight read-outs. The weight of each loader bucket added to a spreader truck shall be logged in writing by Contractor’s personnel after each bucket load.
Prior to the beginning of slurry operations, the Contractor shall furnish, at no cost to the City, a current licensed weigh master’s certificate indicating the net weight capacity of the aggregate bin.
The Contractor shall supply the Engineer with licensed weigh master’s certificates of weights for all aggregate delivered to the job during the course of each day.
Aggregate so certified as being delivered for use in the Contract shall be used only in the slurry mixture for the Contract. The Contractor shall also present weigh master’s certificates for the amount of such aggregate remaining unused at the completion of the contract at no cost to the City. Payment shall be determined by deducting the amount of unused aggregate from the total amount of aggregate delivered, all as shown on the licensed weigh master’s certificates. The certificates shall be presented to the Engineer on the same day the aggregate is delivered.
Water (excluding that water in the emulsified asphalt) shall be added at a rate of from five (5) to ten (10) percent by weight of dry aggregate to ensure proper dispersion of the emulsified asphalt and proper workability, while (1) avoiding excess water which would allow separation and settlement of the aggregate, (2) avoiding insufficient water which would result in balling and coagulation in the mixer, and (3) permitting uncontrolled vehicular traffic as specified herein. The exact rate will be determined by the Contractor based upon field conditions subject to approval of the Engineer.
302-4.2.2 Continuous-Flow Mixers. The mixing unit shall be equipped with a fines feeder for addition of accelerator.
The spreader box shall be equipped with a suitable drag to erase ridges. A minimum two (2) foot length of burlap material shall be attached to the entire width of the drag. The spreader box shall be equipped with a steering device.
The slurry spreader box shall be maintained in a good state of repair at all times.
The spreader box main strike off squeegee (rubber) shall be new at the beginning
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of the Contract and shall be maintained in a good state of repair throughout the Contract.
Equipment shall be available for inspection before the beginning of the Contract and again before work is to be accomplished.
302-4.3 Application
302-4.3.1 General. The first paragraph of Subsection 302-4.3.1 of the Standard Specifications is hereby deleted and replaced with the following:
The work shall consist of preparation, mixing asphaltic emulsion, aggregate, accelerator and water, and spreading the mixture on the pavement where shown on the plans. Type II slurry shall be applied at a rate yielding a minimum twelve hundred (1,200) square feet per extra long ton.
Actual spread rates shall be approved by the Engineer.
302-4.3.1.1 Preparation.
Slurry shall not be applied over any manhole, valve, survey monument or miscellaneous frames and covers. Any material used to protect such devices shall be removed and disposed of lawfully by the Contractor. 302-4.3.2 Spreading. The first sentence of Subsection 302-4.3.2 is hereby deleted and replaced with the following:
Slurry seal shall be placed only when the ambient temperature is above fifty (50) degrees and rising. No slurry will be placed during inclement weather or the threat of. The Contractor will bear the responsibility of that may arise from noncancellation.
Each slurry crew shall be composed of a coordinator at the project site at all times, a competent quick-set mixing worker, a competent driver, and sufficient laborers for any handwork and cleanup.
Prior to commencement of work, the Contractor shall perform test sections for review and approval by the Engineer. The area of the test sections shall be at least five thousand (5,000) square feet. The section locations shall be in the area of the work, to be specified prior to construction. In no case will the Contractor begin operations until the test sections have adequately cured and he has received written approval by the Engineer. The approved mix design and test section shall be considered the standard for the operation.
No slurry seal shall be placed on a wet street or crossing without the Engineer’s consent.
Intersections and commercial driveways shall be completed in two (2) parts to
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allow ingress and egress to traffic. Sand may be spread over the fresh slurry only with the permission of the Engineer.
All slurried streets shall be fully swept five (5) to eight (8) days after slurry is complete, with residual material removed to a legal disposal site.
The cost of cleanup and/or damage caused by vehicles tracking through the slurry seal will be born solely by the Contractor.
302-4.3.2.1 Rubber Tire Rolling. Rolling shall be performed with two (2) complete coverages by a twelve (12) ton nine (9) wheel rubber tired roller with a tire pressure of fifty (50) psi. Rolling shall be performed after slurry and as soon as it sets up enough to support the roller and not pick up on the tires.
Areas of shade on the pavement that set up more than ten (10) minutes later than other areas shall be rolled separately, but as soon as they set up sufficiently to meet the requirements herein. Insufficient rubber-tire rollers to meet these requirements shall be cause for termination of slurry operations until rolling can keep pace with slurry spread. 302-4.4 Public Convenience and Traffic Control. The spreading schedule shall list the streets in order of proposed application and denote which streets are to be completed each day.
Traffic control with ample barricades, flaggers, standard regulatory and warning signs (no parking signs, etc.) shall be provided to protect the uncured slurry surface from all types of traffic. Any damage to the uncured slurry is the responsibility of the Contractor. Traffic control plan shall be submitted to and approved by the City’s Director of Public Works prior to commencing work. The Contractor’s work will be done on successive adjacent streets during the same day of the operation. Adequate means shall be provided to protect the slurry seal from damage by traffic for a minimum of four (4) hours of application or until such time that the mixture has cured sufficiently so that the slurry seal will not adhere to and be picked up by tires of vehicles.
Temporary “No Parking” signs shall be posted at least two (2) business days in advance of the work. The signs shall be placed no more than one hundred (100) feet apart on each side of the street and at shorter intervals if conditions warrant. The Contractor shall provide the signs and will be responsible for adding the dates and hours of closure to the signs, removal of the signs, and furnishing and placing of barricades, if necessary, for posting of the signs. All signs shall be removed within forty-eight (48) hours after the effective date.
The Contractor shall provide barricades and other traffic control devices as necessary to eliminate traffic on areas of fresh slurry that might sustain damage from such traffic. Any tracking of slurry seal on private property will be the responsibility of the Contractor to correct. The Contractor shall sweep the streets for five (5) consecutive days after application of the slurry.
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Slurry seal shall not be spread on the trash pickup day of each respective street.
Temporary striping devices shall be provided on all lane lines covered by slurry. 302-4.5 Measurement and Payment. The second paragraph of Subsection 302-4.5 of the Standard Specifications is hereby deleted and replaced with the following:
The Contract unit price per square yard shall be considered to include full compensation for furnishing emulsion, polymer as specified, accelerator or retardant and water, and all preparation, traffic control, rubber tire rolling where specified and other incidentals described in the work and no additional compensation will be provide therefor.
12. EARTHWORK
SECTION 300 of the Green Book– EARTHWORK IS AMENDED AS FOLLOWS:
300-1 Clearing and Grubbing
300-1.1 General
ADD THE FOLLOWING PARAGRAPHS:
Along with all items indicated on the Plans to be removed, clearing and grubbing shall also include, but not be limited to, the following items:
1. Clearing for and providing temporary graded driveways and continuing maintenance thereof to provide continuous access to all residences within the project area as directed by the Engineer.
2. Sawcutting of portland cement concrete and asphalt concrete to neat straight lines at joints and right of way limits.
3. Protection of existing and relocated utility lines and structures prior to and during construction of proposed improvements.
4. Removal and disposal of interfering portions of abandoned utility lines and structures.
5. Removal, relocation, adjusting or salvaging of all facilities so indicated on the Plans which are not designated as separate bid items or which are not included in other bid items.
6. Removal and disposal of any additional items not specifically mentioned which may be found within the work limits.
7. Maintenance of project appearance.
8. Control of water and dewatering during construction.
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9. Hauling and disposal of deleterious materials resulting from clearing and grubbing operations at a site obtained by the Contractor and approved by the Engineer.
10. Cleanup of project area upon completion of work.
11. Removal existing signs as noted on the plans and as directed by the Engineer
12. Self-propelled drop hammers will not be allowed for removals.
The Contractor shall protect all existing structures or facilities which are adjacent to, or fall within, the limits of work to be done under the Contract in accordance with Sections 7-9 and 300-1 of the Standard Specifications. This item shall also include those structures and facilities which the Plans show or these Specifications indicate to be protected. Any structure or facility to be protected which is damaged as a result of the Contractor shall be repaired or replaced at his cost, to the satisfaction of the Engineer.
All materials removed shall be disposed of outside of the right of way at a legal dump site approved by the Engineer. Burning shall not be permitted under any circumstance. No accumulation of flammable material shall remain on or adjacent to the right of way. The roadway and adjacent areas shall be left with a neat and finished appearance. 300-1.4 Payment
DELETE THE FIRST PARAGRAPH AND SUBSTITUTE THE FOLLOWING:
The lump sum set forth in the Contract Documents for clearing and grubbing shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in clearing and grubbing as shown in the Plans and as described in the Contract Documents, and as directed by the Engineer, including preservation of property, relocation of various facilities, removal and disposal of material, salvage of material, cleanup and repairs. Payment shall be computed in accordance with the percentage of completion of the major items of work. 300-2 Unclassified Excavation
300-2.1 General
REVISE THE SUBSECTION TO READ:
Unclassified excavation shall consist of all excavation, including the removal of existing roadway asphalt pavement and base materials in areas shown on the Plans or as directed by the Engineer.
300-2.9 Payment
ADD THE FOLLOWING PARAGRAPH:
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Quantities of unclassified excavation used for payment, other than unsuitable material and additional work ordered or deleted by the Engineer, shall be the quantity indicated in the awarded Contract and Plans and no further compensation will be awarded. 300-4 Unclassified Fill
300-4.1 General
ADD THE FOLLOWING PARAGRAPH:
All remaining excess materials not used on the project for fills, embankments and roadbed purposes shall be disposed of by the Contractor according to Subsection 300-2.6 of the Standard Specifications.
300-4.9 Measurement and Payment
ADD THE FOLLOWING PARAGRAPH:
Quantities of Unclassified Fill used for payment, other than additional work ordered or deleted by the Engineer, shall be the quantity indicated in the Contract.
13. ASPHALT-RUBBER HOT MIX – OPEN GRADED (ARHM-OG) and GAP GRADED (ARHM-GG)
ARHM Material shall conform to 203-11 of the GREENBOOK as modified herein.
ARHM Construction shall conform to 302-9 of the GREENBOOOK as modified herein. 203-11 ASPHALT-RUBBER HOT MIX (ARHM) WET PROCESS.
203-11.2 Materials.
203-11.2.3 Crumb Rubber Modifier (CRM).
The third and the last sentence of the first paragraph of Subsection 203-11.2.3 are hereby deleted and replaced with the following:
The high natural rubber shall be a single source material and not a blend of more than one (1) source. The high natural CRM shall not be tire rubber. A minimum two (2) ounce unground and ungranulated sample of the base stock high natural CRM shall be provided, along with a minimum four (4) ounce ground or granulated sample, the same as will be used for the work. The Contractor shall pay for any failed chemical analysis tests. The test for natural rubber content in the material shall be ASTM D297, paragraph 53.
The fifth paragraph of Subsection 203-11.2.3 is hereby deleted and replaced with the following:
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The percentage of high natural CRM shall be equal to one thousand (1,000) divided by the percentage of natural rubber in the high natural CRM (using whole number percentages), e.g., one thousand divided by forty (1000/40) percent equals twentyfive (25) percent. The remainder of CRM shall be scrap tires.
The maximum value for Natural Rubber Content in Table 203-11.2.3(B) is hereby deleted.
The sixth (last) paragraph of Subsection 203-11.2.3 is hereby deleted. 203-11.2.4 Aggregate. The text of Subsection 203-11.2.4 is hereby deleted and replaced with the following:
The aggregate for ARHM shall conform to the “quality requirements” for asphalt concrete Type A as specified in Caltrans Standard Specifications, except for the following:
Maximum LA Rattler value at five hundred (500) revolutions shall be thirty-five (35).
Eighty-five (85) percent of coarse aggregate shapes shall be “proportioned particles,” a proportioned particle being defined as a particle having a minimum dimension greater than one-half (½) the maximum dimension as measured with a caliper. The percentage of proportioned particles shall be tested by California Test 205 with the words “proportioned particles” substituted for “crushed particles.” California Test 205, Section D, definition of a crushed particle hereby revised as follows: “A particle having 2 or more fresh mechanically fractured faces shall be considered a crushed particle.”
203-11.3 Composition and Grading.
All provisions of Subsection 203-11.3 shall apply to both Asphalt-Rubber Hot Mix Type GG (ARHM-GG) and Asphalt-Rubber Hot Mix Type OG (ARHM-OG), unless otherwise noted.
The following is hereby added to Subsection 203-6.4.1:
Acceptance as used in this subsection shall mean acceptance of material in production. Air voids will be used for mix design evaluation and for evaluation of material during production for conformance with mix design parameters. Variations of air void values exceeding those specified in these Special Provisions will be cause to terminate production in conformance with specifications.
Aggregate for testing mix designs shall be sampled from material that has passed the plant drum drier and shall include any mineral filler intended to be added during production of ARHM. The Engineer shall be provided with duplicate samples of aggregate and binder
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used for testing the mix design. Upon request, the Contractor shall supply to the Engineer samples of asphalt rubber binder and aggregate for testing. All samples used in testing shall be from the same source and composed of the same material intended for use in the work.
Any change in source of aggregate supply requires two (2) weeks advance notice in writing to the Engineer, and submittals and testing in conformance with specifications for a new mix design. No single bin shall receive aggregate from more than one (1) source. The Contractor shall provide a copy of aggregate delivery tickets for aggregate delivered for use on the project.
The aggregate for Asphalt-Rubber Hot Mix Type OG (ARHM-OG) shall conform to following gradations, which shall be considered included as an additional column in Table 203-11.3(A):
Sieve Size Percent Passing
¾” 100
½” 95-100
3/8” 77-91
No. 4 25-40
No. 8 7-17
No. 16 0-11
No. 200 0-3
No mineral filler or material from sand or rock dust bins shall be included in the open graded mix.
The amount of asphalt-rubber binder to be mixed with the aggregate for Asphalt-rubber Hot Mix Type OG shall be determined by the Contractor using the samples of aggregates furnished by the Contractor in conformance with the provisions in Section 39-3.03, “Proportioning,” of the Standard Specifications. The Engineer will determine the exact amount of asphalt-rubber binder to be mixed with the aggregate in conformance with the provisions in California Test 368 with the following exceptions. The aggregate shall be mixed with PG70-10 paving asphalt and the optimum bitumen content shall be determined in conformance with the test procedure. The optimum binder content for Asphalt-rubber Hot Mix Type OG shall then be determined using the following formula:
A. OBC2 = (OBC1) x 1.20
B. OBC1 = Optimum bitumen content using PG70-10 paving asphalt C. OBC2 = Optimum bitumen content using asphalt-rubber binder The asphalt-rubber binder content of the Asphalt-rubber Hot Mix Type OG will be determined by California Test Method 382.
A mix design for ARHM-OG shall be provided with test documentation showing that the binder and aggregate to be used has conforms fully to specifications.
ARHM-GG shall be Class GG-C.
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Values in Table 203-11.3 are hereby modified and supplemented as follows:
Arterial Roadways Local Roadways
Sieve Size Percent Passing Percent Passing
3/4” 99 - 100 100
1/2” 91 - 99 94 - 100
3/8” 78 – 92 78 – 92
No. 4 32 – 43 32 – 43
No. 8 15 – 28 17 – 30
No. 30 5 – 15 0 – 10
No. 200 1 – 5 1 – 5
Air Voids 3.5%. 3.2%.
VMA** 19 Min. 19 Min.
**VMA shall be calculated by method described in Asphalt Institute Mix Design Methods for Asphalt Concrete (MS-2).
Streets shall be considered local unless speed limits exceed thirty-four (34) miles per hour and traffic signals exist at one (1) or more intersections on the route.
A mix design for ARHM-GG shall be provided with test documentation showing that the aggregate to be used has the minimum specified VMA, and has the specified air voids when mixed with the optimum binder content determined by California Test Method 367 as amended in Subsection 203-11.3.1 herein.
For all mixes, the gradation ranges shown in Table 203-11.3(A) shall be considered the Contract Compliance Range. The Operating Range for the one-half (½) inch sieve shall be the full contract compliance range. The Operating Range for all other sieves, except the No. 200 sieve, shall be two (2) percentage points inside both limits of the Contract Compliance Range. If gradation-testing results do not meet the Operating Range requirements but meet the Contract Compliance Range, placement of ARHM may be continued for the remainder of the day. However, another day of work shall not be started until tests, or other information, indicate to the satisfaction of the Engineer that the next material to be used in the work will comply with the requirements specified for Operating Range.
Except for the No. 200 sieve, it is the intent of the Specifications that the target percentage be the central value in the Contract Compliance Range.
The asterisk noted under Table 203-11.3 is hereby deleted and replaced with the following:
Once the percent asphalt-rubber binder is determined by the mix design, the tolerance shall be +/- one-half percent (.5%) as determined by California Test Method 382, and this tolerance shall be considered to include all sampling and testing tolerances. Variations of binder content on this basis at or exceeding +/- one-half percent (.5%) from the mix design will be cause to terminate paving operations until changes to provide specified tolerances are verified and approved
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by the Engineer.
Variations of percent air voids in plant produced mixtures below the minimum specified in Table 203-11.3(A) will be cause to terminate paving operations until changes to conform to the specified percent air voids are demonstrated and approved by the Engineer.
Once the air voids are determined by the mix design, the tolerance shall be +/- nine-tenths of a percent (.9%) as determined by California Test 309, and this tolerance shall be considered to include all sampling and testing tolerances. Air voids not meeting the specified tolerance will be cause to terminate paving operations until changes to provide specified tolerance are verified and approved by the Engineer.
California Test Method 367 as modified in Subsection 203-11.3.1 shall be used to determine the optimum binder content for gap graded mixes. Test results for all tests to verify conformance with these specifications shall be submitted to the Engineer for determination of approved percentage of binder in the mix. 203-11.3.1 Amended California Test Method 367. California Test Method 367 is hereby amended as follows for ARHM:
A. The Specific Gravity used in California Test 367, Section “B. Voids content of Specimen”, shall be determined using California Test 308, Method A.
B. California Test 367, Section “C. Optimum Bitumen Content” is revised as follows:
1. Plot asphalt rubber binder content versus void content for each specimen on form TL-306 (Figure 3), and connect adjacent points with straight lines.
2. From Figure 3 select the theoretical asphalt rubber binder content that has the air voids specified in this Subsection 203-11.3.1. (Engineer may elect a lower binder content following a review of stability values.)
3. Record the asphalt rubber binder content in Step 2 as the Optimum Bitumen Content (OBC).
C. Laboratory mixing and compaction shall be in conformance with the requirements of California Test 304, except the mixing temperature of the aggregate shall be between three hundred (300) and three hundred twenty-five (325) degrees Fahrenheit. The compaction temperature of the combined mixture shall be between two hundred eighty-nine (289) and three hundred (300) degrees Fahrenheit. 203-11.4 Mixing.
The third paragraph of Subsection 203-11.4 is hereby deleted and replaced with the following:
The proportions of the materials, by total weight of asphalt-rubber binder, shall be eighty (80) percent combined paving asphalt and asphalt modifier, and twenty (20) percent CRM.
The temperature of the blended asphalt and modifier shall be between one hundred ninety (190) degrees Celsius (three hundred seventy-five (375) degrees Fahrenheit) minimum and
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two hundred twenty-six (226_ degrees Celsius (four hundred forty (440) degrees Fahrenheit) maximum when the CRM is added. The temperature shall not exceed six (6) degrees Celsius (ten (10) degrees Fahrenheit) below the actual flash point of the mixture. The CRM shall be combined and mixed together in an asphalt-rubber mechanical blender meeting the requirements of 203-11.5. The combined asphalt and CRM shall be pumped into a reaction tank or distributor truck meeting the requirements of 203-11.5, Item 3A). The temperature of the asphalt-rubber mixture shall be between one hundred ninetyfour (194) degrees Celsius (three hundred eight (380) degrees Fahrenheit) minimum to two hundred eighteen (218) degrees Celsius (four hundred twenty-five (425) degrees Fahrenheit) maximum during the reaction period.
After reacting, the asphalt rubber binder shall conform to the requirements in Table 203-
11.4 The minimum reaction period shall be the time from complete incorporation of materials into the mix to the time that the asphalt-rubber meets all specifications for reacted material, but no less than ninety (90) minutes. The reaction shall be considered complete when the second (2nd) of two (2) viscosity test results, taken fifteen (15) minutes apart, is significantly lower than the first (1st) result. Once established, the minimum reaction period shall remain unchanged, unless there are changes in materials or equipment that may affect rubber digestion, in which case a new reaction period shall be established per specifications. The Engineer’s decision shall be final for determination of the minimum reaction period.
All material shall be tested for viscosity and verified as to complete reaction prior to transfer to any storage tank or use of the reaction tank for feet to the hot mix plant. Material reacted lower than specified temperature, but above one hundred eighty-five (185) degrees Celsius (three hundred sixty-five (365) degrees Fahrenheit), or transferred to a storage tank prior to completion of reaction as specified, shall be reacted for total period of three (3) hours prior to use. Any such transfer shall be described in the comments column of the Asphalt Rubber Batch Log.
Inability to maintain reaction temperatures above specified minimums will be cause to terminate paving operations. The Contractor is reminded that if the reaction tank does not have a gas retort heating system capable of raising the temperature of its contents at least twenty (20) degrees per hour, there exists the inherent potential for such below minimum temperatures to become an irreversible condition. Certification was previously provided at time of bid opening in the bid that the asphalt-rubber hot mix plant owner, the paving subcontractor and asphalt-rubber supplier have been made fully aware of these provisions.
The Contractor shall test viscosity and record the following information for every tank of asphalt-rubber prior to being transferred to storage or directed to feed to the hot mix plant:
1) Temperature of stored asphalt cement material at time of loading 2) Time at which the reaction tank is fully loaded
3) Tons of asphalt-rubber added to the tank for the batch 4) Total asphalt-rubber in the tank after loading
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5) The beginning time of reaction (Fully loaded and above three hundred eighty (380) degrees Fahrenheit)
6) Binder temperature at time of sampling
7) Temperature of tested material
8) Viscosity reading
9) Time of viscosity test (All test results must be prior to use.) If more than twenty (20) percent of a batch is holdover material, the reaction time may be reduced, but a line item must be provided on the Asphalt-Rubber Batch Log showing items 6, 7 and 8 for a test just prior to loading new material. Reaction shall be considered to begin after all material is added. If more than twenty (20) percent is holdover material, reaction time can be reduced to the fraction of total material that is holdover material, times ninety (90) minutes, but shall be no less than twenty (20) minutes.
A copy of the Asphalt-Rubber Batch Log shall be provided to the Engineer upon request.
A copy of the batch log sheet and all circle charts for the day shall be faxed to the City within ninety (90) minutes of ending production of ARHM for the day. To fit eight and one-half (8½) by eleven (11) inch sheets, the circle chart may be faxed in two (2) parts with an overlap. See Subsection 203-11.5 for circle chart requirements.
The Maximum value for Haake Field Viscosity @ one hundred ninety-one (191) degrees Celsius (three hundred seventy-five (375) degrees Fahrenheit) in Table 203-11.4(A) is hereby changed to 2400 Centipoise.
The first fully reacted passing sample on each batch, prior to transfer to storage or converting to feed to the ARHM mix plant, shall be poured into a clean gallon can that has been pre-certified by the Engineer. It shall be the responsibility of the Contractor to ensure that sufficient sample cans with lids are at the plant, such that they can be pre-certified at least three (3) days prior to use. If the Engineer is not at the plant at start up, the Engineer will provide certified labels, which are pre-numbered and signed by Engineer to be affixed to the cans as they are consecutively used by number.
The Contractor shall conduct sampling such that the pre-certified sample can numbers correspond to the batch numbers beginning with one (1) at the start of the project, increasing consecutively with each batch, without restarting the count at any point. After testing and recording the information for the batch, the corresponding pre-certified sample can shall be filled and stored for the duration of the project or until the Engineer takes possession of the can.
211-4.3 The second and third sentences of Item C under Test Procedure is hereby deleted and replaced with the following:
In one (1) continuous operation, turn off the spindle rotation, remove the spindle vertically from the binder (after heating), discontinue stirring the binder and immediately insert the spindle back into the center of the binder to full immersion and wait five (5) seconds. While holding the viscometer level, turn the spindle on
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and watch the needle on the viscometer dial and record the maximum value obtained on the dial.
203-11.5 Equipment for production of Asphalt-Rubber.
Add the following to Item 3) of 203-11.5:
A) Reaction Tank. The asphalt-rubber material shall be held in a reaction tank separate from the storage tank feeding the ARHM plant, until the reaction is complete. The reaction tank shall have agitation sufficient to increase the viscosity of the mixture to a peak viscosity reading at least twenty (20) percent higher than the viscosity reading of the material measured at a time that the material otherwise meets specifications for reacted material. The time of reaction may be extended as needed to produce this result. It shall be the responsibility of the Contractor to demonstrate to the Engineer through viscosity readings at appropriate times that the equipment conforms to these requirements. If this cannot be demonstrated, the reaction time shall be three (3) hours. Once established, the reaction time shall be the minimum time for reaction unless there are changes in materials or equipment, in which case a new reaction time shall be established per specifications. The Engineer’s decision shall be final.
The reaction tank shall have a functioning paper circle chart thermometer device, which shall record tank temperatures whenever asphalt-rubber is in any stage of production. Seven (7) days before production of asphalt-rubber starts, the Contractor shall provide the Engineer approximately double the number of charts estimated to be needed to produce the necessary binder quantity. These charts will be numbered and signed by the Engineer and returned to the Contractor prior to start of production. These signed and numbered charts shall be used throughout production of the asphalt-rubber binder. Charts shall be used in the consecutive order as numbered by the Engineer beginning with number one (1), and shall be returned weekly after use to the Engineer. Charts will be identified with the date they were used by the Contractor at time of installing on the equipment, and shall be identified as to the tank to which they were attached. Production of asphalt-rubber shall be terminated if this procedure is not followed and will not be restarted until the Contractor demonstrates to the Engineer that it is capable of complying with this requirement.
At the start of each production day, the paper chart shall be replaced with a new signed, dated and numbered sheet, the lead scribe shall be sharpened or ink well filled, and the circle chart shall be calibrated against a sample of material drawn early from the first batch of the day. Any calibration adjustments shall be recorded in the appropriate space provided on the batch log sheet. A spare functional circle chart device shall be at the plant at all times for immediate installation should failure occur on a circle chart device being used. Calibration shall be performed as part of such installation. The lack of a functional circle chart device on the reaction tank shall be cause to terminate production of asphalt-rubber binder. A blunt lead scribe or low ink, or a paper chart used on a prior day will be considered to render the
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device non-functional.
B) Storage Tank. After a complete reaction is verified by viscosity readings acceptable to the Engineer, the material shall be held in a storage tank that is fully isolated from material that is not fully reacted. This tank shall be the only tank feeding the ARHM plant. No material shall be transferred to the storage tank feeding the plant until reaction is complete in the reaction tank.
302-9 Asphalt-Rubber Hot Mix (ARHM).
302-9.1General.
ARHM construction shall be complete in all areas prior to slurry.
Tack coat material for overlay shall be SS-lh applied at a rate of 0.32 liter per square meter (0.08 gal/SY) on all areas except on ARAM, where tack coat shall be at a rate of 0.24 liter per square meter (0.05 gal/SY).
All PCC surfaces, to be crossed by trucks used to haul ARHM, that are within five hundred (500) feet of the work limits shall be covered with sand or other durable covering prior to applying tack coat.
The Contractor shall have sufficient power brooms on site during all periods of distribution and spreading to provide for cleanup of haul routes and work areas. Power broom shall provide miscellaneous cleanup of ARHM spoils as directed by the Engineer. 302-9.2 Mixing Binder with Aggregate.
For drum plants, the system shall run fully automatic with the only input to the AC plant computer being information transmitted automatically from a Corealis mass flow meter on the line of the asphalt-rubber feed to the AC plant. All automatic shutdown features of the AC plant shall be fully functional.
302-9.4 Distribution and Spreading.
The ambient temperature shall not exceed 105F at time of placing ARHM.
The temperature of ARHM shall be minimum two hundred ninety (290) degrees Fahrenheit directly behind the paving machine and high enough upon delivery that pavement temperature after two (2) passes with the breakdown roller exceeds two hundred forty (240) degrees Fahrenheit.
To avoid picking up loose rock in the overlay area, the tires of all trucks must be lightly oiled with linseed oil or soy bean oil or approved equal. Diesel fuel will not be allowed on the project at all for oil down of any equipment.
Raking of ARHM shall be eliminated as much as possible. ARHM material shall not be cast across the mat under any circumstance. Raking shall be just enough to set up edges
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for uniform joins without casting material. Screed controls shall be the predominant means of controlling material at joins. In areas where paving machines cannot be used due to space constraints, material shall not be thrown by shovels. Material shall be removed directly from the paving machine hopper and shall be placed directly in its final location, to be distributed with minimal raking. Material may be dumped directly from a truck, but further material distribution shall be by shovel directly to its final location with minimal raking. A small rubber tire tractor with a screed type attachment may be used to spread a pile dumped from a truck, but raking shall be minimized after spreading.
The paving machine screed shall not be pulled across an area already paved with ARHM, even adjacent to narrow areas to be paved. Such narrow areas shall have ARHM distributed by methods specified by shovel or rubber tire tractor, unless the adjacent area has hardened enough and will not be significantly marred by passing the screed over it.
Even if hardened adequately, the Contractor shall spread rock dust by hand tools to avoid cohesion of the ARHM in the screed to the existing surface of such areas of freshly cured ARHM.
The Contractor shall maintain a functioning infrared heat measurement device in close proximity to each paving machine at all times. The Contractor shall provide a pavement temperature reading, with an infrared heat measurement instrument, when requested by the Engineer. Inaccessibility of a heat measurement shall be cause for termination of paving operations.
Transverse cold joints shall be provided such that longitudinal joints are not left exposed at the end of the workday.
Asphalt pavers shall be equipped with automatic screed controls and a sensing device or devices. Automatic grade and slope control shall be used for overlays.
All joints shall be sealed after rolling.
When placing asphalt concrete to the lines and grades noted in the plans or as approved by the Engineer, the automatic screed controls shall control the longitudinal grade and transverse slope of the screed. Grade and slope references shall be furnished, installed, and maintained by the Contractor. The Contractor shall use a ski device, the minimum length of the ski device shall be ten (10) m (thirty (30) ft.). The ski device shall be a rigid one (1) piece unit and the entire length shall be utilized in activating the sensor. The Contractor may use a laser to control the screed.
When placing the initial mat of asphalt concrete on existing pavement, the end of the screed nearest the center line shall be controlled by a sensor activated by a ski device not less than ten (10) m (thirty (30) ft.) long. The end of the screed farthest from center line shall be controlled by an automatic transverse slope device set to reproduce the cross slope approved by the Engineer.
When paving contiguously with previously placed mats, the end of the screed adjacent to the previously placed mat shall be controlled by a sensor that responds to the grade of the previously placed mat and will reproduce the grade in the new mat within a three (3) mm
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(one one-hundredths (0.01) ft.) tolerance. The end of the screed farthest from the previously placed mat shall be controlled in the same manner as when placing the initial mat.
Should the automatic screed controls fail to operate properly during any day’s work, the Contractor may use manual control of the spreading equipment for the remainder of that day; however, the equipment shall be corrected or replaced with alternative automatically controlled equipment conforming to the requirements in this section before starting the next day’s work.
302-9.4 Rolling.
Rolling along a joint shall be such that the widest part of the roller is on the hot side of the joint.
Join lines between successive runs shall be within one hundred fifty (150) mm (six (6) inches) of lane lines or a minimum of three and six-tenths (3.6) m (twelve (12) feet) outside of the outer most lane line.
For ARHM-OG, initial breakdown rolling shall be static. Breakdown roller shall make two (2) passes over all areas. A pass shall mean one (1) passage of the roller over an area.
An intermediate roller of the same or greater width than the breakdown roller shall be rolling directly behind the breakdown roller at all times, and paving shall cease if intermediate rolling is terminated for any reason. Additional intermediate rollers may be necessary depending on production rates. Intermediate roller shall make two (2) passes unless otherwise directed or approved by the Engineer.
For ARHM-GG, initial breakdown rolling shall be vibratory. Rolling in vibratory mode shall not be performed after ARHM material temperature falls below two hundred forty (240) degrees Fahrenheit, due to disturbance of the bonds beginning to set up in the binder at lower temperatures. An intermediate roller of the same or greater width than the breakdown roller shall be rolling directly behind the breakdown roller at all times, and paving shall cease if intermediate rolling is terminated for any reason. Additional intermediate rollers may be necessary depending on production rates.
The rolling pattern shall be approved by the Engineer and once established, the rolling pattern shall remain consistent, unless conditions change and a modified rolling pattern is needed to conform to specification. Engineer shall be notified immediately on change of rolling pattern.
All finish rolling shall be performed by a separate finish roller.
To ensure optimum quality control, the use of more than one (1) paver must be approved in advance by the Engineer, and will generally require one (1) foreman, one (1) sweeper and a full complement of rollers per Subsection 302-5 of the Standard Specifications and this Subsection 302-9.5 for each paving machine.
An extra breakdown roller shall be on site at all times, free of defects.
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A finish roller shall be provided in addition to intermediate rolling to perform all finish rolling, such that the intermediate roller can stay immediately behind the breakdown roller at all times.
302-9.5.1 Density and Smoothness. For ARHM-GG, density and smoothness shall conform to Subsection 302-5.6.2, except the second and third paragraph of Subsection 302-5.6.2 shall not apply to ARHM.
The compaction after rolling shall be ninety-five (95) percent of density obtained with the California Kneading Compactor, California Test 304 as modified and measured in conformance to this Subsection 302-9.5.1.
The field density of compacted ARHM shall be determined by:
1) A nuclear asphalt testing device, calibrated in conformance with California Test 375, except as modified in this Subsection 302-9.5.1, in the field designed to measure the density of pavement of the thickness being constructed; or
2) Core with density determined as follows:
a) Saw the ARHM lift of pavement from the top of the core approximately perpendicular to the axis of the core, just above any underlying pavement or as necessary to obtain a clean flat surface at the bottom of the sample.
b) Clean and dry the sample as described in ASTM 1188.
c) Perform California DOT Test 308 Method A step a.
d) Prior to proceeding to steps 308A b., 308A c., 308A d. and 308A e., place the core, top surface down, firmly into a flat pan of hot liquid paraffin approximately one-quarter (¼) inches deep. Allow the sample and paraffin to cool to firm solid state and remove the sample from the pan by cutting around the perimeter. Trim the edges of paraffin parallel to the side of the sample cylinder, and weigh the cylinder to obtain:
G = Mass in grams of level sealed paraffin-treated specimen in air. e) Perform 308A b., 308A c., and 308A d on the sample from D) above. f) Complete the remainder of Test 308A, except replace the formula in 308A e. with the following: Bulk Specific Gravity
= A
(D – E) – (D – G) / F
In case of dispute, method 1 shall be used, except the Contractor may elect to use method 2, but all costs for such procedures shall be borne by the Contractor to provide the full set of coring, tests and documentation in conformance with the Standard Specifications, and all test methods shall be modified as specified in these Special Provisions. Also, the Contractor shall
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notify the Engineer at least three (3) days in advance of coring operations, and immediately after core testing is complete the Contractor shall deliver cores to the City for verification.
302-9.5.1.2 Maximum Density. Maximum density samples shall be prepared in conformance with Calif. Test 304, except:
1) Compaction shall be performed between two hundred eighty-five (285) and two hundred ninety (290) degrees Fahrenheit.
2) The leveling load shall be applied while material is between one hundred ninety (190) and two hundred (200) degrees Fahrenheit. 3) A Marshall base shall be used during leveling load procedure. 4) Sample shall be allowed to cool to less than one hundred (100) degrees Fahrenheit prior to removal from test sleeve and Marshall base assembly.
Nuclear test procedures, including correlation with core densities, shall be in conformance with California Test 375, except as follows:
Core locations for correlation with cores shall be selected based on appearance of relatively tight surface texture, and the test strip shall be selected on this basis. If a test location is determined to have a significantly open texture relative to other areas within the test strip, the location shall not be used. This selection criteria is not to be considered significant to the outcome of, but only as a guideline towards obtaining samples that are relatively well compacted to yield results with minimum standard deviation. The locations shall be well clear of grade breaks and joints.
One (1) core centered on the gauge will be used instead of two (2) at each location.
Use method 2 in this Subsection 302-9.5.1 to determine density of cores. Surface voids shall not be filled with sand.
The Contractor will be notified in writing at least five (5) days in advance of such correlation testing and will be invited to have a nuclear gauge onsite to correlate a second gauge. If not independently calibrating at that time, the Contractor shall bear the full expense of performing correlation for his nuclear gauge under the specified procedures, but shall notify the City five (5) days in advance of such correlation testing, such that the City can correlate with the Contractor’s gauge, if Contractor disagrees with City’s test results.
302-9.5.2 Compaction Payment Reductions. Based on laboratory tests on AC pavements revealing a highly significant loss of life span for each one (1) percent reduction of compaction, and the well known catastrophic effect of oxidation and stripping of asphalt products due to interconnected voids that develop below ninetyfive (95) percent compaction, and the extreme expense of removing and replacing pavement not compacted to the specified minimum, a nominal deduction of payment will be applied for under-compacted ARHM pavement. The bidder in submitting a bid fully accepts the provisions in this Subsection 302-9.5.2 and agrees that the nominal payment deduction is acceptable and reasonable for these purposes.
Payment reductions will be applied to ARHM compacted less than ninety-five (95)
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percent of maximum density, the specified minimum, and greater than ninety-one and nine-tenths (91.9) percent of the maximum density based on nuclear testing with Part 3 Test Site Selection of California Test 375 modified as follows:
A lot will be one day’s production or other lesser area of paving as determined by the City to be deficient in terms of compaction, and a pull will be the width between joints or edge of pavement as the lot is placed.
Test site selection will conform to California Test 375 Part 3, except the number of tests shall be the area of the lot in square feet divided by 400 and any test site within one-half (½) m of a grade break or pavement joint shall be relocated laterally towards the center of the pull to one-half (½) m from such joint or grade break.
The mathematical mean average of percent of maximum density represented by all these tests shall be calculated, except any test results outside of this mean plus two (2) standard deviations based on all tests, shall be rejected. The mean average shall be calculated directly from the remaining values. A compensation reduction in conformance with Table 302-9.5.1A will be applied to the contract unit price for ARHM for material within any lot determined to be below minimum relative compaction, except any lot with tests indicating compaction ninety-one and ninetenths (91.9) percent or less shall be removed and replaced at the Contractor’s expense.
302-9.5 Rock Dust Blotter. The second sentence of Subsection 302-9.6 is hereby deleted and replaced with the following:
Rock dust blotter shall be washed concrete sand per Fine Aggregate in Section 90, spread at rate of two (2) to three (3) pounds per square yard as necessary to maintain traffic at the direction of the Engineer. Excess sand spread on adjoining areas to receive ARHM-OG TABLE 302-9.5.1A
REDUCED COMPENSATION FACTORS
Relative
Compaction
(Percent)
Reduced
Compensation
Factor
Relative
Compaction
(Percent)
Reduced
Compensation
Factor
95.0 0.000 93.4 0.062
94.9 0.002 93.3 0.068
94.8 0.004 93.2 0.075
94.7 0.006 93.1 0.082
94.6 0.009 93.0 0.090
94.5 0.012 92.9 0.098
94.4 0.015 92.8 0.108
94.3 0.018 92.7 0.118
94.2 0.022 92.6 0.129
94.1 0.026 92.5 0.142
94.0 0.030 92.4 0.157
93.9 0.034 92.3 0.175
93.8 0.039 92.2 0.196
93.7 0.044 92.1 0.225
93.6 0.050 92.0 0.300
93.5 0.056
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shall be thoroughly swept before spreading any binder.
14. ASPHALT-RUBBER AND AGGREGATE MEMBRANE (ARAM) SURFACING AND
INTERLAYER
ARAM shall conform to Subsection 302-10 of the GREENBOOK, except as modified herein. 302-10 Asphalt-Rubber and Aggregate Membrane (ARAM)
Where ARAM is to be placed directly on existing pavement, pavement preparation shall include the following preparation.
Areas as directed by the Engineer shall be skin patched in conformance with Subsection
10.02 of these Special Provisions.
Cracks shall be treated as follows:
A singular crack shall be considered to be a crack on the perimeter of an otherwise uncracked asphalt pavement area exceeding four (4) feet in minimum dimension. Cracks not fully interconnected in forming a complete perimeter shall be considered singular cracks, unless the maximum dimension across the partial perimeter between cracks can be measured as less than four (4) feet. Such pavement area is defined by the cracks forming its perimeter.
1) The Contractor shall spray all weeds in cracks with Monsanto brand Roundup, a minimum of two (2) weeks prior to paving. All weeds shall be resprayed if rain occurs within forty-eight (48) hours after application;
2) All cracks and holes with weeds shall be routed clear to a depth of one (1) inch; 3) All holes and cracks exceeding one and one-half (1½) inches wide shall be filled with asphalt concrete approved for skin patch compacted level with the top of the existing pavement;
4) All cracks and joints one-quarter (¼) inch or greater in width shall be blown thoroughly clear with high pressure air or power broomed clean to a depth of three-quarters (¾) inch minimum immediately ahead of the crack filling operation; and 5) All joints and singular cracks between one-quarter (¼) inch and one and one-half (1½) inches in width shall be filled with Crafco Polyflex III or equal.
Filler shall be within one-eighth (1/8) inch below and flush with existing pavement surface and shall be thoroughly squeegeed, as necessary, to attain this result, except in cold mill areas. In cold milled areas, crackfiller shall be flush or below the top of cold mill texturing and shall be thoroughly squeegeed, as necessary, to attain this result.
Any crackfiller in excess of that specified at any point on the pavement after crackfiller has cooled shall be heated with a torch and thoroughly squeegeed to meet specifications. Crack filler in cold mill areas that becomes unbonded shall be removed, and the lack of bonding shall be considered evidence that the crack was not thoroughly blown clean, thereby requiring recleaning, refilling and squeegeeing.
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All crack preparation shall be performed after cold milling.
Payment for crack filling will be compensated by the lump sum bid item for crack filling.
All other preparation work related to crack preparation, including weed killing and power brooming or blowing out cracks will considered included in the unit price bid for ARAM per square yard.
302-10.1 Application
The maximum viscosity of asphalt-rubber material in Table 203-11.4(A) shall be 2400 Centipoise.
The maximum ambient temperature for placement of ARAM shall be one hundred five (105) degrees Fahrenheit.
Temperature of asphalt-rubber spread for ARAM shall be between three hundred ninety-five (395) degrees Fahrenheit and four hundred twenty-five (425) degrees Fahrenheit.
Asphalt-Rubber shall conform to Subsection 203-11 of GREENBOOK including modification of that section included in these Special Provisions.
The Contractor shall provide a pavement temperature reading, with an infrared heat measurement instrument, when requested by the Engineer.
Item 4. of the second paragraph of Subsection 302-10.1 is hereby deleted and replaced with the following:
Material shall be applied at a rate between two and one-half (2½) and three (3) Liters per square meter (six-tenths (.60) to seven-tenths (.70) gallons per square yard) as directed by the Engineer.
The first sentence of the third paragraph of Subsection 302-10.1 is hereby deleted and replaced with the following:
The asphalt-rubber mixture may be applied to the roadway immediately after mixing and reacting at a temperature between two hundred one (201) degrees Celsius (three hundred ninety-five (395) degrees Fahrenheit) minimum to two hundred eighteen (218) degrees Celsius (four hundred twenty-five (425) degrees Fahrenheit) maximum.
Reference is made to Subsection 7-1.01F Air Pollution Control whereby the Contractor shall comply with all air pollution rules and regulations. 302-10.2 Screenings The first sentence of the first paragraph of Subsection 302-
10.2 is hereby deleted and replaced with the following:
Following application of asphalt-rubber, screenings shall be placed over all areas
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receiving asphalt-rubber. Screenings shall conform to quality requirements of Class A aggregate with the following modifications:
Maximum LA Rattler value at five hundred (500) revolutions shall be thirty-five (35).
Eighty-five (85) percent of coarse aggregate shapes shall be “proportioned particles,” a proportioned particle being defined as a particle having a minimum dimension greater than one-half (½) the maximum dimension as measured by caliper. Percentage of proportioned particles shall be determined by California Test 205 with the words “proportioned particles” substituted for “crushed particles.” California Test 205, Section D, definition of a crushed particle is revised as follows:
“A particle having two (2) or more fresh mechanically fractured faces shall be considered a crushed particle.”
The aggregate for screenings shall conform to following gradations:
Sieve Size Percent Passing
¾” 100
½” 95-100
3/8” 70 -85
No. 4 0-10
No. 8 0-3
No. 200 0-1
No mineral filler or material from sand or rock dust bins shall be included in the mix.
The gradation ranges shown for screenings shall be considered the Contract Compliance Range. The Operating Range for the one-half (½”) sieve shall be the full contract compliance range. The Operating Range for all other sieves, except the 200 sieve, shall be two (2) percentage points inside both limits of the Contract Compliance Range. If gradation-testing results do not meet the Operating Range requirements but meet the Contract Compliance Range, placement of ARAM may be continued for the remainder of the day. However, another day of work shall not be started until tests, or other information, indicate to the satisfaction of the Engineer that the next material to be used in the work will comply with the requirements specified for Operating Range.
Except for the No. 200 sieve, it is the intent of the Specifications that the target percentage be the central value in the Contract Compliance Range.
Any change in source of aggregate supply requires two (2) weeks advance notice in writing to the Engineer, and submittals and testing in conformance with specifications for a new mix design. No single bin shall receive aggregate from more than one (1) source. The Contractor shall provide a copy of aggregate delivery tickets for aggregate delivered for use on the project.
Trucks for hauling cover material shall be tailgate discharged and shall be equipped with a device to lock onto the hitch at the rear of the aggregate spreader. Haul
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trucks shall also be compatible with the aggregate spreader so that the dump bed will not push down on the spreader when fully raised or have too short an apron resulting in aggregate spillage while dumping into the receiving hopper.
Screenings shall be coated completely black on the full particle surface with AR4000 asphalt at a central mixing plant to prevent free dust, and shall be preheated one hundred twenty-seven (127) degrees Celsius (two hundred sixty (260) degrees Fahrenheit) to one hundred sixty-three (163) degrees Celsius (three hundred twenty-five (325) degrees Fahrenheit).
Screenings shall be placed at a rate between thirty-two (32) and forty (40) pounds per square yard.
All rollers shall be operational at all time unless full roller coverage is complete and cessation of rolling is authorized by the Engineer. The spreader shall not stop over an area of rocks that are spread but not rolled.
The spreader shall clear all areas to allow rollers to complete roller coverage without any delay.
A layer of washed concrete sand per Fine Aggregate in Section 90 spread at rate of two (2) to three (3) pounds per square yard shall be applied as necessary to maintain traffic at the direction of the Engineer. Excess sand spread on adjoining areas to receive ARAM shall be thoroughly swept before spreading any binder.
15. CUL-DE-SAC ASPHALT CONCRETE OVERLAY
Cul-de-sac AC paving shall be paved prior to slurry. The cul-de-sac bulbs shall be paved with one-half (½) inch Maximum Medium PG70-10 asphalt concrete in conformance with the Cul-de-sac Bulb typical section. The rolling pattern in the Standard Specifications may be modified at the Contractor’s discretion to achieve the minimum level of compaction hereby specified as ninety-five (95) percent of relative maximum density. Payment shall be by the unit price bid for Cul-de-sac AC Overlay including materials, tack coat, placement, compaction, traffic control and all incidentals.
16. CONCRETE AND MASONRY CONSTRUCTION
Concrete shall conform to Subsection 303 of the GREENBOOK, except as modified herein.
SECTION 303 IS AMENDED AS FOLLOWS:
303-1 Concrete Structures
303-1.12 Payment
ADD THE FOLLOWING PARAGRAPH:
Payment for concrete structures shall include full compensation for excavation, structural excavation, disposal of excess dirt, backfill, concrete, forming, and reinforcing, complete and in place and no additional payment will be made therefor.
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303-5 Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, and Driveways.
303-5.1.1 General
ADD THE FOLLOWING:
When removals of curb and/or sidewalk are located at curb return, the Contractor shall install access ramps. The Contractor is to construct all access ramps in accordance with American Disability Act (“ADA”) Standards/California Code of Regulations Title 24 – Accessibility Regulations. If the ramps constructed by the Contractor are found to be in non-compliance with ADA Standards, the Contractor will be required to remove and replace the ramps to ADA Standards at the Contractor’s expense.
All removed curb and gutter, cross gutters, spandrels, driveway approaches, and sidewalks shall be replaced within three (3) calendar days, unless the Contractor provides reasonable documentation to exceed the three (3) day limit five (5) working days before removal and approved in writing by the Engineer. The Asphalt Concrete patch shall be placed within five (5) working days after the curb and gutters are replaced, and seven (7) days after the cross gutter and spandrels are replaced.
No PCC shall be ordered and/or placed until the forms and subgrade have been inspected and approved by the Engineer in the field.
All pull boxes, water meter boxes, and water valve covers shall be adjusted to proposed finish grade and approved by the Engineer in the field prior to placement of the PCC.
303-5.1.3 Driveway Entrances
REPLACE LAST PARAGRAPGH WITH THE FOLLOWING:
Driveway approaches shall be one hundred fifty (150) mm (six (6) in.) thick for single family residential areas and two hundred (200) mm (eight (8) in.) thick for all other areas.
303-5.3 Placing Concrete
ADD THE FOLLOWING:
All temporary storage of PCC liquid residues and mixer wash out on the project site shall be deposited within a self-containment area or bin. The Contractor may elect to allow the moisture to evaporate and dispose of the material as a solid or dispose of the material as a liquid. The Contractor shall notify the Engineer in writing, as a preconstruction meeting submittal, what method of disposal will be utilized.
If disposal of the material in liquid form is chosen, the Contractor must provide in writing, as part of the preconstruction meeting submittal, the name, location, telephone number,
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and a copy of the California Regional Water Quality Control Board permit for disposal of PCC liquid residue, or if the disposal site is located outside of the State of California, a copy of a permit issued by that state is required. The Engineer will verify the information before the Notice to Proceed is issued.
All PCC and related work, including grading and forming, shall be suspended if the Contractor does not have a PCC liquid residue or mixer wash out containment area or bin on site one (1) working day before the scheduled placement of PCC. The Contractor will not be allowed any additional compensation or extension of time for suspended operations due to not having a containment area or bin on site. The containment area or bin shall have sufficient room for two (2) days deposit of material.
The Contractor shall provide the Engineer with a copy of the landfill receipts or disposal site receipt and weight ticket showing disposal of PCC liquid residues and wash out within five (5) working days of disposal.
303-5.4.3 Weakened Plane Joints, (a) General
ADD THE FOLLOWING:
All weakened plane joints shall be spaced at a maximum of three (3) m (ten (10) ft.) for curbs, gutters, and sidewalks. Scoring lines shall conform to those prevailing in the area and be uniform in spacing.
303-5.5.2 Curb
ADD THE FOLLOWING:
The curb and gutter surface shall not vary more than three (3) mm (one-one hundredth (0.01) ft.) from three (3) m (ten (10) ft.) straightedge except at the grade changes. Prior to the removal of the forms, the surface shall be finished true to grade by means of a straightedge float of not less than three (3) m (ten (10) ft.) in length, and operated longitudinally over the surface of the concrete. Form clamps shall be so constructed as not to interfere with the operation of the float. In no event shall forms be removed while the concrete is sufficiently plastic to slump. The top and face of the finished curb shall be true and straight and top surface of curbs shall be of uniform width, free from humps, sags, blemishes or other irregularities.
303-5.5.3 Walk
ADD THE FOLLOWING:
The sidewalk surface shall not vary more than five (5) mm (two one-hundredths (0.02)’) from the three (3) m (ten (10)’) straightedge except at grade changes, and the finished surface shall be free from humps, sags, blemishes or other irregularities. All sidewalks shall be a minimum of one hundred (100) mm (four (4)”) thick, except at driveways where the sidewalks shall be a minimum of one hundred fifty (150) mm (six (6)”) thick for single family residential areas and two hundred (200) mm (eight (8)”) thick for all other areas.
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303-5.6 Curing
ADD THE FOLLOWING:
Curing compound shall be translucent with red fugitive dye, Type 1, in accordance with Section 201-4, “Concrete Curing Compound,” of the Standard Specifications.
In order to minimize vandalism damage to the finished PCC surfaces, the Contractor shall plan his work so that no PCC is poured after one o’clock (1:00) p.m., unless otherwise authorized by the Engineer in the field.
The Contractor shall barricade and protect placed Portland Cement Concrete from all damages, marks, mars, and/or graffiti. Any Portland Cement Concrete damaged, defaced, discolored or defective shall be replaced to the satisfaction of the Engineer at the Contractor’s expense, and no additional time will be allowed.
Grading, patching or other remedies to correct the situation will not be accepted unless in the opinion of the Engineer the vandalized area is so small that it does not warrant replacement. Concrete replacement areas shall be from score mark or control joint to score mark or control joint, and full width of the sidewalk. All replacement areas shall be saw cut.
17. EXISTING LOOP DETECTORS
The Contractor or representative will meet with the City’s Director of Public Works and will clearly mark existing loops not to be damaged or removed.
If any part of the loop conductor, including the portion leading to the adjacent pull box, is damaged by the Contractor’s operations, the entire detector loop shall be replaced. If any adjacent loop(s) are/is damaged during such replacement, that loop shall also be replaced.
18. TRAFFIC STRIPING, PAVEMENT MARKINGS, AND PAVEMENT MARKERS Traffic striping, pavement markings and pavement markers shall be replaced with the same pattern as existing in conformance with these Special Provisions.
All details and dimensions for traffic striping and marking shall conform to the Caltrans Traffic Manual and Maintenance Manual. All arrows and “STOP” legends/limit lines shall be thermoplastic when over RAC, Conventional AC and paint when over slurry.
18.01 Layout, Alignment, and Spotting. The Contractor shall furnish the necessary control points for all striping, markers and markings, and shall be responsible for the completeness and accuracy thereof to the satisfaction of the Engineer.
The Contractor shall supply the Engineer with a copy of a complete inventory of striping, markers and marking prior to any cold milling or installation of any material. For each stripe, marker and marking,
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the inventory shall include sufficient definition about type of marker, stripe or marking and dimensions for control points to allow for accurate reestablishment.
In no case shall any section of street be left without the proper striping for more than forty-eight (48) hours or over weekends or holidays.
18.02 SECTION 310 – PAINTING – IN THE GREEN BOOK IS AMENDED AS FOLLOWS:
310-5 Painting Various Surfaces
310-5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings DELETE THE ENTIRE SUBSECTION AND SUBSTITUTE THE FOLLOWING:
Painted traffic stripes (lane lines and speed limit markings) and applying thermoplastic pavement markings (word and symbol markings, limit lines, crosswalk, etc.) shall conform to the provisions in Section 84, “Traffic Stripes and Pavement Markings,” of the State of California Standard Specifications and these Special Provisions.
The subparagraphs of the first paragraph in Section 84-3.02, “Materials,” of the State of California Standard Specifications are amended to read:
State Specification
No.
Rapid Dry Water Base, Traffic Line.—White, Yellow and Black PTWB-01 The second and third paragraphs in Section 84-3.02, “Materials,” of the State of California Standard Specifications are amended to read:
State Specifications for traffic paint and glass beads may be obtained from the Transportation Laboratory, 5900 Folsom Boulevard, Sacramento, CA 95819- 4612, telephone number (916) 227-7289.
Glass beads shall conform to 1-ACOT type beads or equal.
The Contractor shall layout and “cat-track” the alignment of the proposed striping at four and one-half (4½) m (fifteen (15) ft) intervals and “spot” the proposed pavement markings as called for on the Plans. Striping shall vary no more than twelve (12) mm (two (2) in) in fifteen and two-tenths (15.2) m (fifty (50) ft) from the specified alignment. The Engineer may waive minor variations.
The Contractor shall not proceed with the painting of any striping or applying thermoplastic pavement markings until the Engineer has checked and approved the cattracking and spotting, and has authorized the Contractor to proceed.
Traffic striping shall be applied with airless equipment. All traffic striping shall be performed with a road liner type striping machine. Where the configuration or location of
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a traffic stripe is such that the use of a road liner type striping machine is unsuitable, traffic paint and glass beads may be applied by other methods and equipment approved by the Engineer. The Engineer shall determine if the road liner type striping machine is unsuitable for a particular use.
The first coat of paint shall be applied upon completion of the surfacing. The second coat of paint shall not be applied until seven (7) calendar days after the first coat. Each coat of paint shall be applied at the wet film thickness of ten (10) – twelve (12) mils for white and yellow paint and seven (7) mils for black paint. All paint shall be applied at a relative humidity below seventy-five percent (75%) and an ambient temperature above thirteen (13)° Celsius (fifty-five (55)° Fahrenheit), unless otherwise approved by the Engineer.
Except for black paint, No. 1 reflective glass beads shall be uniformly incorporated in all coats of paint concurrently with the application of the paint. The glass beads shall be embedded in the coat of traffic paint being applied to a depth of at least one-half (½) their diameters. The reflective glass beads shall be applied to the first coat of paint at the rate of seven-tenths (0.7) kg (one and one-half (1½) lb) of beads per liter (twenty-six one hundredths (0.26) Gal) of paint, and to the second coat of paint at the rate of ninety-five one hundredths (0.95) kg (two (2) lb) of beads per liter (twenty-six one hundredths (0.26) Gal) of paint.
Except as otherwise noted on the Plans or as directed by the Engineer, all angle points, as shown on the striping Plans shall be painted as a smooth, tangent curve with a radius and length as approved in the field.
Temporary tape or reflective markers utilized for the purposes of interim delineation for centerline, lane lines and crosswalk lines shall be placed to the side of the final striping pattern in such a way so that it will not interfere with the first coat of paint. All temporary tape and reflective markers applied for the purpose of interim delineation shall be removed by the Contractor at no additional cost to the City upon completion of the first coat of striping and prior to the final striping.
Stencils used for pavement markings must conform to the latest Caltrans approved NonMetric Stenciling Standards.
Add to Subsection 84-1.04, “Protection from Damage,” of the State of California Standard Specifications the following:
Newly painted or existing striping or applied thermoplastic pavement markings which are damaged as a result of the construction, including wheel markings by public traffic and the construction equipment, shall be repainted or thermoplastic replaced, and any associated removals shall be performed as outlined in these Special Provisions at the sole expense of the Contractor and no separate compensation will be allowed therefore.
Existing traffic striping and pavement markings that do not conform to the approved Plans shall be removed by wet sandblasting. Other methods may be requested by the Contractor, but shall be submitted in writing to the Engineer for approval. Blackout of existing traffic
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striping or pavement markings, which do not conform to the approved Plan, shall not be allowed.
Painting traffic stripes and applying of thermoplastic pavement markings shall not be separately measured.
The Contract lump sum (LS) price paid for STREET STRIPING AND PAVEMENT MARKINGS shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in painting traffic stripes and applying thermoplastic pavement markings including establishing alignment for stripes, layout work and sandblasting markers, complete in place, as shown on the Plans, as specified in the Standard Specifications and these Special Provisions and as approved by the Engineer, and no additional compensation will be allowed therefore.
PAVEMENT MARKERS
Pavement markers shall conform to the provisions in Section 85, “Pavement Markers,” of the State of California Standard Specifications and these Special Provisions.
Certificates of compliance shall be furnished for pavement markers as specified in “Prequalified and Tested Signing and Delineation Materials,” elsewhere in these Special Provisions.
Reflective pavement markers shall comply with the specific intensity requirements for reflectance after abrading the lens surface in accordance with the “Steel Wool Abrasion Procedure,” specified for pavement markers placed in pavement recesses in Section 85-1.05, “Reflective Pavement Markers,” of the State of California Standard Specifications.
Non-reflective pavement markers shall conform to the requirements of the Section 85-1.04, “Non-Reflective Pavement Markers,” of the State of California Standard Specifications.
The bituminous adhesive used to install the markers shall be a hot melt bituminous adhesive asphaltic material with a homogeneously mixed mineral filler and shall conform with the requirements specified in Subsection 85-1.055, “Adhesives,” of the State of California Standard Specifications.
Reflective pavement markers shall be installed per the approved Plan unless otherwise approved by the Engineer. The composition of the material shall be such that its properties shall not deteriorate when heated to, and applied at temperatures up to two hundred eighteen (218)° Celsius (four hundred twenty-five (425)° Fahrenheit), using either air or oil jacketed melters.
Reflected pavement markers shall be placed at locations as established by the applicable Caltrans striping detail noted on the approved striping Plan which includes, but is not limited to temporary painted line(s), new striping or existing striping. There shall be one marker for each location. The Contractor shall perform all work necessary to establish satisfactory locations for markers.
The Contractor shall remove existing reflective pavement markers that do not conform to
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the approved Plan.
Reflective pavement markers shall be of the prismatic reflector type (3M model white RP290w and yellow RPM 2912y or equal) as outlined in Subsection 85-1.05, “Reflective Pavement Markers,” of the State of California Standard Specifications.
Existing pavement markers (blue) designating location of the fire hydrants shall be replaced “in kind” after the paving is completed.
The Contract unit price paid for pavement markers (blue) shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in installing pavement markers (blue) complete in place, as shown on the Plans, as specified in the Standard Specifications and these Special Provisions and as approved by the Engineer.
Full compensation for pavement markers (traffic delineation) shall be considered as included in the Contract lump sum (LS) price paid for STREET STRIPING AND PAVEMENT MARKINGS and no additional compensation will be allowed therefore.
19. UTILITY COVER ADJUSTMENTS TO GRADE
Manholes and watervalves shall be adjusted to grade in accordance with Section 403-3, “Manholes in Asphalt Concrete Pavement,” of the GREENBOOK and as supplemented herein.
19.01 Reference Setting.
The Contractor shall note and reference the locations of the manholes and water valves and vaults prior to placing pavement in order to locate and raise them following the work. Manhole, water valve and of vault locations and distance from reference points to the center of each such facility shall be marked on either a curb face or other reference point indicators (stakes) by the Contractor prior to be getting any paving.
19.02 Adjustment to Grade
The Contractor shall lower manhole and water valves within areas designated for cold milling prior to cold milling operations. Each such manhole water valve or utility box shall be lowered to a depth below the required milling depth. Frames and covers and utility boxes shall be removed to the City yard facility and a one-half (½)” thick steel plate shall be provided to cover the hole where the utility facility exists.
Temporary AC shall be provided to fill any voids in the roadway surface which remain after the cover is in its final lowered position.
After completion of paving, the facility shall be raised to grade. The finish grade of raised facilities shall be one-quarter (¼) inch below the finish grade of the asphalt concrete pavement.
The Contractor shall exercise care such that rocks, dirt and debris do not enter sewer lines.
The water valves shall be raised as follows: the asphalt pavement immediately adjacent to the water valve shall be removed, the existing frame and cover removed, the existing sleeve extended or replaced with
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matching material to extend from the valve to the new valve frame elevation, the water valve frame and cover placed to match the respective water district’s standards, the water valve and cover and adjusted to proper grade, and the pavement replaced with a minimum of two inches of asphalt concrete.
The Contractor shall notify the respective utility owners at least five (5) working days in advance of the paving operations and again after completion of paving operations. Such notifications of utilities to be adjusted to grade by others shall be made in writing. The Contractor shall mark locations of utilities for those locations of facilities to be adjusted to grade by others.
The Contractor shall take care to insure no intrusion of gravel or pulverized material into the manholes or valve stem areas.
19.03 Payment.
Compensation for raising utility facilities to grade based on the applicable bid item for each type of facility and type of adjustment, and whether single or double. Single shall mean leaving the facility in place until paving is complete and raising the grade thereafter. Double shall mean removing the facility prior to paving and reestablishing the facility at finish grade per specifications after paving. The unit price bid shall be considered full compensation for removing the facility, and storing and replacing it as applicable, protecting the facility at all times during the procedure and as specified, and resetting the facility at finish grade, including all materials, equipment and labor and incidentals.
20. COOPERATION
Attention is directed to Sections 7-1.14, “Cooperation” and 8-1.10, “Utility and Non-Highway Facilities” of the Standards Specifications.
21. SANITARY ARRANGEMENTS
The Contractor shall make provisions for and maintain in a sanitary manner at the work site all necessary and sanitary conveniences for the workmen, in accordance with the rules and regulations of the State Board of Health.
22. ACCESS
The Contractor’s attention is directed to the existing pedestrian and vehicular access ways crossing the lines of work. These access ways shall not be closed unless an alternate access way is provided. The Contractor shall assume full responsibility for providing alternate access. The compensation for the work in this item shall be considered as included in the cost of the various contract items of work and additional compensation will be made therefore.
23. INSURANCE
The Contractor’s attention is directed to the amount of insurance as shown in the General Conditions 1-
48. 24. CONSTRUCTION CONFERENCE
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The Contractor’s attention is directed to the preconstruction conference as stated in General Conditions 1-
54. 25. EXISTING IMPROVEMENTS
The Contractor shall make every effort to protect all existing improvements and facilities from damage during the progress of his work. No trees, planters, walks, shrubs, signs, fences or other such facilities shall be removed except as shown or called for on the plans or unless specifically authorized in writing by the Engineer. The Contractor shall be held responsible for the care and preservation of the present premises and of adjacent premises and coterminous property. Any parts of them which are injured, damaged or disturbed because of his work shall be repaired, replaced or cleaned by him at his expense.
The Contractor shall apply either water and/or dust palliative for the alleviation or prevention of dust nuisance and damage originating from the Contractor’s operation.
26. MAINTENANCE CALL-OUTS
Any expense for maintenance call-outs by the City’s traffic signal maintenance personnel resulting from the Contractor’s operations and construction of this project shall be borne by the Contractor.
27. WARRANTIES, GUARANTEES AND INSTRUCTION SHEETS:
Warranties, guarantees and instruction sheets shall conform to the provisions in Section 86-1.04, “Warranties, Guarantees and Instruction Sheets” of the State Standard Specifications and these Special Provisions.
Completed work shall be guaranteed to the City by the Contractor for a period of not less than twelve (12) months following the date of acceptance thereof. Where Contractor-installed equipment and/or facilities are damaged prior to final acceptance by the City, the Contractor shall repair or replace such equipment and/or facilities at his/her own expense.
28. STORAGE OF MATERIAL.
The site of work shall be maintained clean at all times. Excavated material shall be loaded directly and hauled away from job site for disposal at the Contractor’s expense. The Contractor shall not store material on job site. He shall store material at a site convenient to the job, off public ways, arranged and paid as a part of his Contract work.
29. GRINDING MATERIALS
All grinding materials shall be removed by the contractor and hauled away from job site for disposal at the Contractor’s expense. The cost for removal and relocation must be included in the price bid item cold milling of Base Bid and no additional cost will be allowed therefore.
30. VERIFYING, MARKING, AND RE-ESTABLISHING SURVEY MONUMENTATION Prior to work, the Contractor shall locate all survey monuments and property corners within the areas of demolition, concrete and paving. Survey ties shall be performed to allow the Contractor to
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reset/reestablish survey monumentation and/or property markers. All work shall be done by a licensed Surveyor or Civil Engineer authorized to practice Land Surveying in the State of California. Contractor shall submit to the Imperial County. Contractor shall also submit City of El Centro form ED-006 Certificate of Monument preservation completed prior to construction acitivies.
31. CONSTRUCTION STAKING
The Contractor shall perform all construction staking necessary for the Contract. This includes providing surveying for pre and post paving operations. The Contractor shall maintain existing grade throughout and ensure cross slopes are at least two (2) percent unless otherwise directed by the Engineer or his representative.
32. CONSTRUCTION WATER SUPPLY
The Contractor may use City water at the current rate through a water meter to be provided by the City contingent upon a refundable deposit of five hundred dollars ($500).
33. MAINTAINING EXISTING AND TEMPORARY ELECTRICAL SYSTEMS Traffic signal system shutdown, if required, shall be limited to periods between the hours of nine (9:00) AM and three thirty (3:30) PM, Monday through Friday. Contractor shall coordinate with the City of El Centro for City owned intersections, and shall coordinate with Caltrans for State-Owned intersections.
The Contractor shall place “STOP AHEAD” and “STOP” signs shall be furnished by the Contractor and shall conform to the provisions in Section 12-3.06, “Construction Area Signs,” of the Standard Specifications, except that the base material for the signs shall not be plywood.
Two “STOP AHEAD” signs and two “STOP” signs shall be placed for each direction of traffic. Location of the signs shall be as directed by the City Traffic Engineer.
Full compensation for furnishing, installing, maintaining, and removing temporary “STOP AHEAD” and “STOP” signs, and for covering signs not in use, shall be considered as included in the contract lump sum price paid for the signal item involved and not additional compensation will be allowed therefore.
All existing signal indications, pedestrian push buttons, detectors, and control equipment shall be maintained in operation at all times, except during shutdown hours as specified above.
Costs for overhead temporary wiring, which may be required to keep the signals in operation during intersection re-wiring, shall be considered as a part of the lump sum bid price for each intersection.
34. CLEANUP OF SITE.
During the progress of the work, the Contractor shall keep the premises occupied by him in a neat, orderly and sanitary condition. He shall dispose of refuse as often as directed, or as may be necessary so that at no time shall there be any accumulation of rubbish, excavated material or equipment that will interfere with convenience or operation of materials so as to provide the minimum obstruction to traffic at all times.
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Dirt, dust, mud, native earth material, sand, gravel, asphalt debris, cement debris and all other construction-related material shall be swept from the street areas in the vicinity of the project sites on a daily basis. The material shall be removed and disposed of by the Contractor. The clean-up wok shall be incidental to respective mobilization bid item and shall be included in the lump sum cost.
35. PARKING LOT RESURFACING
1. Remove and salvage bumper blocks in good condition and set aside for reinstallation. Dispose of bumper stops that are in poor condition.
2. Remove and dispose of signage that will conflict with revised striping layout. Protect in place or remove and set aside for reinstallation signage that will remain after construction.
3. Meet with Construction Manager and striping contractor to field verify ADA layout, slopes and determine grinding requirements on each lot to meet slopes and/or remove and replacement limits.
4. Mill asphalt 1” x 6’ tapered (0” to 1”) at connection asphalt limits such as adjacent sidewalks to provide a smooth transition.
5. Clean all debris from entire surface with blowers and/or brooms. Weed killer shall be applied to the area to be paved at the rate specified by the manufacturer. Weed killer shall be Karmex, manufactured by E. I. Dupont de Nemours, or approved equal.
6. Perform asphalt repairs as directed by staff. (Provide a unit price / square yard for full depth repairs totaling 50 square yards or less and for full depth repairs totaling over 50 square yards). Full depth repair will consist of full depth saw cutting of the marked perimeter, full depth removal of all materials to a depth of 3” below surface and placement of base asphalt with a maximum aggregate size of ¾” in one lift. Each lift shall be compacted to a density of 92%. Base asphalt shall be finished to match the elevation of the milled surface. (See item #8 for bituminous mixture transportation and temperature requirements)
7. Apply tack coat to cleaned surface and curb faces at a coverage rate of 0.20 gallons / square yard using Tack SS-1H.
8. Apply 1.25” of Surface Asphalt Mix (Specifications below) and compact to a density of 92%.
All construction methods shall conform to the requirements of Subsection 302-5 of the Standard Specifications.
Aggregate shall conform to the requirements in Subsection 203-6.3.2 of the Standard Specifications. Course aggregate shall be crushed rock.
The grading of combined aggregates and percentage asphalt shall be in accordance with Subsection 203-6.3 of the Standard Specifications. The following asphalt concrete mixtures shall be used:
Parking lot re-surfacing:
a. Less than 1 inch: D2-PG-70-10
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b. 1 to 2 inches thick: C2-PG-70-10
All bituminous mixtures shall be transported by truck, which shall have tight, clean, smooth metal beds that have been sprayed with a minimum amount of soap emulsion, paraffin oil, or lime solution to prevent the mixture from adhering to the beds. Each truck shall be covered with a canvas or other suitable material of such size that will protect the mixture from the weather.
9. Seal joint between the asphalt and curb and the asphalt and concrete pavement using Hot-Poured Elastic Type Joint Sealing Compound that complies with AASHTO Specifications, latest edition.
10. Re-stripe all parking spaces and mark ADA compliant parking spaces (See Section 36 below)
11. Re-install signage.
12. Re-install salvaged bumper blocks and install new replacement bumps at locations where bumps were not salvageable.
36. PARKING LOT STRIPING AND ADA LAYOUT
36.0 Order of work:
1. Contractor shall utilize the conceptual ADA upgrade layouts as shown in the plan set and, in coordination with the construction manager, “cat-track” for city approval the proposed layout in the field.
2. Once city and contractor agree that the ADA layout complies with the requirements of section 36.1 below, striping contractor shall proceed to cat track the remainder of the parking lot following the requirements of section 36.2 below and following the general existing parking lot configuration.
3. Once the remainder of the cat-tracking is approved by the city, contractor shall proceed with paint on both ADA and non-ADA stalls and associating striping/signage per these specifications and the approved plans.
36.1 Parking Lot Paint and Markings
Per Green Book Section 310 as modified in these specifications.
36.2ADA Parking Spaces Requirements
All line markings shall 4” minimum width.
(1) Size of space. The minimum length of each parking space shall be twenty (20) feet with a minimum width of nine (9) feet.
(2) Van accessible space. One (1) accessible van parking space, and not less than one (1), shall be provided for every eight (8) regular accessible spaces. Such van spaces shall be nine (9) feet in width.
(3) Access aisles. Parking access aisles (five (5) feet wide for standard cars and eight (8) feet wide for vans) shall be part of an accessible route to the building or facility entrance. Two (2)
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accessible parking spaces may share a common access aisle. Access aisles shall be marked with a blue painted borderline around their perimeter. The area within the blue borderlines shall be marked with hatched lines a maximum of 36 inches on center in white color. The words "NO PARKING" shall be painted on the surface within each access aisle in white letters a minimum of 12 inches in height and located to be visible from the adjacent vehicular way. Access aisle markings may extend beyond the minimum required length.
(4) Number of required spaces. The required number of accessible parking spaces per total number of spaces is provided in table 29-129.1.
Table 29-129.1
Accessible Parking Space Requirements
Total Number
of Parking Spaces
Number of
Accessible Spaces
Required
1—25 1
26—50 2
51—75 3
76—100 4
101—150 5
a. If only one (1) space is provided, it shall be seventeen (17) feet wide and marked to provide a nine-foot parking area and an eight-foot loading and unloading area. b. When more than one (1) space is provided, in lieu of providing a seventeen (17) foot wide space for each parking space, two (2) spaces may be provided within a twenty-six-foot wide area marked to provide a nine-foot parking area on each side of an eight-foot loading/unloading area in the center (see figure 29-129.1).
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Figure 29-129.1
(5) Signing.
a. Identification at stall:
Each parking space reserved for the handicapped shall be identified by a standard sign meeting Caltrans requirements as stated in www.dot.ca.gov/trafficops/tcd/specs.html Signage shall be either:
R99 w/R99B or R99C
b. Identification at parking lot entrance:
Pursuant to California Vehicle Code section 22511.8(d), a sign shall also be posted, in a conspicuous place, at each entrance to the off-street parking facility; meeting the requirements of Caltrans sign R100B. Insert the following info to the sign: Towed vehicle reclaiming at “EL CENTRO POLICE DEPT.” Telephone is “760-352-2111”
c. Identification at parking stall surface:
The surface of each parking place shall have a surface identification duplicating the symbol of accessibility in blue paint, at least three (3) square feet in area a. Utilize Caltrans Standard Drawing A24C
d. Curb stops:
Provide curb stops painted blue at ADA stalls.
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36.3 Regular Parking Spaces
All line markings shall be white, 4” minimum width.
Table 29-134.1
Regular Parking Spaces (9 feet × 20 feet)
Angle
of Parking
(degrees)
Stall Width
(feet/inches)
Stall Depth
(feet/inches)
Driveway Width
One-Way
(feet/inches)
Two-Way
(feet/inches)
0 24—0 9—0 12—0 24—0
30 9—0 17—10 12—0 24—0
45 9—0 19—0 12—0 24—0
60 9—0 21—10 18—0 24—0
90 9—0 20—0 24—0 24—0
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37. Mobilization
Mobilization shall consist of: submittals, project meetings, administration, performance bond, payment bond, bid bond, insurance, freight, taxes, safety requirements, Caltrans Encroachment Double Permit, notification and signage of work to community, El Centro Business License, project identity signs, County of Imperial Air Pollution Control District requirements, As-Built Drawings.
38. Encroachment Double Permit
Project improvements are located, just adjacent, to the California State Department of Transportation (Caltrans) Right of Way. It is currently estimated; the Contractor will be required to submit a permit inspection deposit fee of $2,000 at the time the Contractor obtains the double encroachment permit. Contractor shall consider this estimated fee under the appropriate mobilization bid item where Caltrans involvement will be necessary. Contractor shall obtain the Caltrans Double Encroachment Permit and pay all associated encroachment permit fees after the Notice to Proceed is issued to the contractor. The final Encroachment Permit fee will be determined at the conclusion of the project. If the final Encroachment Permit fee is less than $2,000 then a negative change order will be processed for the difference between the original estimated fee and the actual Encroachment Permit Fee. If the final Encroachment Permit fee is greater than $2,000 then a positive change order will be processed compensating the Contractor for the difference between the actual Encroachment Permit Fee and the original estimated fee. In the case where the Contract Documents conflict with Caltrans requirements, the most stringent shall apply.
39. El Centro Business License
The Contractor and Subcontractors performing work on the project shall obtain a city business license from the City of El Centro at 1275 W. Main St. El Centro, CA 92243, telephone number (760) 337-4508. The Contractor and Subcontractors shall contact the Community Development Department regarding the cost of the license and include the business license cost in the proposal.
40. Air Pollution Control District Requirements
The contractor shall be required to comply with the County of Imperial Air Pollution Control District’s requirements. County of Imperial Air Pollution Control District forms, requirements and information are available via the internet at https://apcd.imperialcounty.org/. The contractor shall be responsible for completing, submitting, and implementing the construction notification form and dust control plan as required. The contractor shall be responsible for all necessary air pollution requirements. All costs associated with air pollution mitigation shall be included in the respective Mobilization Lump Sum (LS) Item.
41. BMP Inspection and Maintenance
Inspection and maintenance are required for all BMPs (run-off control, and sediment control) to maintain effectiveness for reducing or eliminating the amount of sediment that leaves a site for the duration of the project. All cost associated with BMP Inspection and Maintenance shall be included in the respective Erosion Control Lump Sum (LS) item.
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42. Material Delivery Tickets
The Contractor shall provide material delivery tickets to the City for Class II Base, P.C.C.
Concrete, Asphalt Concrete, and similar items delivered to the project site. The material tickets shall be presented to the City immediately upon the material item arriving at the project site.
43. Union Pacific Railroad
The City of El Centro has obtained a Maintenance Consent Letter with the Union Pacific Railroad and is provided as Attachment A. Contractor shall submit to Union Pacific Railroad for Contractor Endorsement. It is stated the administrative fee payment to be submitted with the endorsement is $1,025.00. Contractor shall consider this fee under the appropriate mobilization bid item.
END OF SPECIAL PROVISIONS
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ATTACHMENT A
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UNION PACIFIC RAILROAD
1400 Douglas Street
Omaha, Nebraska 68179
CONSENT LETTER
Date: 7/19/2022 Project: 465878
DOT #: 760859X MP: 699.09 Subdivision: Calexico
FELIX DE LEON
1275 WEST MAIN STREET
EL CENTRO, CA 92243
Dear Felix De Leon:
It is the City of El Centro’s (“Public Entity”) intention to perform overlay (“Work”) at the location noted above. This letter serves as an acceptance by Union Pacific Railroad Company (“Railroad”) of the proposed Work to be performed.
If a contractor is to do any of the Work on Railroad’s property, then the Public Entity shall require its contractor to execute and return the attached contractor endorsement (“Contractor Endorsement”).
Under no circumstances will Public Entity's contractor be allowed on Railroad’s property without first executing the Contractor Endorsement.
This Consent Letter shall be valid for one year or until the Work is complete or this Consent Letter is revoked by Railroad.
For safety reasons, the Public Entity and/or its contractor are required to notify the Railroad’s Representative(s) (“Railroad Representative”), as noted below, at least 48-hours in advance prior to performing the Work described above.
MIPP: Leo Craig, (817) 901-9560, [email protected] Fiber Optics & Telecommunications ("Call Before You Dig"): www.up.com/CBUD Regards,
[Casey Moore]
Public Projects - Real Estate
DocuSign Envelope ID: E8FD3B16-42CD-488D-8779-6A7C81161AE8
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CONTRACTOR ENDORSEMENT
Date: 7/19/2022 Project: 465878
DOT #: 760859X MP: 699.09 Subdivision: Calexico
A. As a condition to entering upon Union Pacific Railroad Company’s (“Railroad”) property to perform overlay (“Work”) described in Consent Letter dated the day of July, 19th, 2022, (“Public Entity’s”) City of El Centro’s, contractor, ____________________whose address is_____________________________________________ (hereinafter "Contractor"), by signing below, acknowledges and agrees to comply with and be bound by the Contractor Endorsement – General Terms and Provisions, including the minimum safety standards, and insurance requirements set forth at: https://www.up.com/real_estate/index.htm
Alternatively, cut and paste the following into browser:
https://www.up.com/cs/groups/public/@uprr/@realestate/documents/up_pdf_nativedocs/re_cont_endorsement.pdf B. Upon request, all insurance documentation shall be provided to Railroad.
C. Please note that fiber optic cable may be buried on the Railroad's property. Prior to commencing the Work, the Contractor agrees to contact the Railroad's Telecommunications Operation Center as provided in the general terms and conditions to determine if any fiber optic cable is located on the Railroad’s property on or near the location where the Work is to be performed.
D. The Contractor agrees to also provide notice to railroad representative (“Railroad Representative”):
E. The term of this Contactor Endorsement shall commence on the date of the execution of this Contractor Endorsement and continue for one year or until such time as Contractor has completed its work on Railroad's property, whichever is earlier, unless sooner terminated.
Please complete this Contractor Endorsement by executing below and submitting with the $1,025.00 administrative fee payment with the Folder Number indicated to the following address:
Union Pacific Railroad Company
ATTN: Public Projects Manager
1400 Douglas Street
Mail Stop 1690
Omaha, NE 68179
(Name of Contractor)
By:
Name:
Address:
Email:
Date:
MTM: Leo Craig, (817) 901-9560, [email protected]
DocuSign Envelope ID: E8FD3B16-42CD-488D-8779-6A7C81161AE8
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Packet Pg. 299 Attachment: 2023 Overlay Plans 11x17 (5614 : 2023 Overlay Plans and Specs) City Council of the City of El Centro Meeting: 04/18/23 11:30 AM 1275 Main Street Department: Engineering Division
El Centro, CA 92243 Category: Authorization
Prepared By: Catherine Gutierrez
SCHEDULED Department Head: Abraham Campos
ACTION ITEM (ID # 5919) DOC ID: 5919
Approval of Amendment No. 4 to Task Order No. 1 of a oncall contract with the Holt Group CITY MANAGER’S RECOMMENDATION:
Approve Amendment No. 4 to Task Order No. 1 between the City of El Centro and The Holt Group, Inc., for construction services related to the Imperial Avenue Extension Phase I project under The Holt Group Inc. On-Call agreement.
FISCAL IMPACT:
No impact to the General Fund.
Project is funded from LTA Measure D funds, account 205-3209-710102.
STRATEGIC PLANNING PROGRAM 2013-2018 RELATION:
Goal # 2 Environmental Sustainability & Infrastructure; Action 2.3 Construct the Imperial Avenue extension between Interstate 8 and McCabe Road including Wake Avenue extension from Imperial Avenue to Cypress Avenue.
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:
The Holt Group is currently under an On-Call contract.
BACKGROUND:
On August 4, 2020 City Council approved a agreement for on-call engineering services for the Holt Group through Resolution No. 20-69. Other on-call engineering services were also approved. The Resolution requires that Task Orders over $200,000 be approved by City Council. The agenda report required that contracts for on-call services be limited to $250,000 per fiscal year per consultant.
On October 05, 2021 City Council approved Task Order No. 1 along with its amendments 1 and 2 for design services related to the South Imperial Ave. Extension Phase II & III project. Task Order 1 and Amendments 1 and 2 were approved in the amount of $285,002 for design of the South Imperial Ave. Extension Phase II & III project.
On July 5, 2022 City Council approved Amendment No. 3 to Task Order No. 1 for design services related to the South Imperial Ave. Extension Phase II & III project which brought
the total task order total to $332,145.
DISCUSSION:
The Holt Group provided a proposal for the needed additional work for an increase fee of $24,420. Staff has reviewed the proposal and finds the cost for the additional work 10 Packet Pg. 300
Action Item (ID # 5919) Meeting of April 18, 2023
appropriate.
In reviewing the approved resolution, task orders over $200,000 are required to be approved by Council. As stated earlier, on October 1, 2021, Task Order No. 1 was approved. We are currently requesting Council's approval of Task Order No.1, Amendment 4 which will bring the total Task Order No. 1 amount to $356,565.
The spending limits of $250,000 per fiscal year is satisfied as the expenses related to this task order have been incurred since fiscal year 2021 and we anticipate will occur up to fiscal year 2025. Thus each year, the amount has been maintained under the $250,000 limit.
CONCLUSION:
Approve Amendment No. 4 to Task Order No. 1 between the City of El Centro and The Holt Group, Inc., for construction services related to the Imperial Avenue Extension Phase I project under The Holt Group Inc. On-Call agreement.
ATTACHMENTS:
• Amendment No. 4 to Task Order No. 1 Partially Executed_Redacted (PDF) 10 Packet Pg. 301
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Packet Pg. 302 Attachment: Amendment No. 4 to Task Order No. 1 Partially Executed_Redacted (5919 : Amendment No. 4 to Holt Group On-Call Contract)
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Packet Pg. 303 Attachment: Amendment No. 4 to Task Order No. 1 Partially Executed_Redacted (5919 : Amendment No. 4 to Holt Group On-Call Contract)
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Packet Pg. 304 Attachment: Amendment No. 4 to Task Order No. 1 Partially Executed_Redacted (5919 : Amendment No. 4 to Holt Group On-Call Contract)
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Packet Pg. 305 Attachment: Amendment No. 4 to Task Order No. 1 Partially Executed_Redacted (5919 : Amendment No. 4 to Holt Group On-Call Contract) City Council of the City of El Centro Meeting: 04/18/23 11:30 AM 1275 Main Street Department: Finance
El Centro, CA 92243 Category: Resolution
Prepared By: Karla Chaparro
SCHEDULED Department Head: Karla Chaparro
RESOLUTION (ID # 5893) DOC ID: 5893
Adopt Resolution to Initiate the Proceedings for the Levy and collection of Assessments for the Buena Vista Landscaping & Lighting District
CITY MANAGER’S RECOMMENDATION:
Adopt Resolution No. 23- , 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 2023-2024 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 Buena Vista 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. 23- , 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 2023-2024 AND
ORDERING THE PREPARATION OF AN ENGINEER'S REPORT IN CONNECTION
THEREWITH
ATTACHMENTS:
• Buena Vista LLD - Initiating Proceedings - Intent Meeting 04 18 23 (PDF) 11 Packet Pg. 306
03/2023/cdz/A23-0044/Reso/ECBuenaVistaLLD
InitiationofLevyandCollectionofAssmts
1 RESOLUTION NO. 23-
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 2023-2024 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” and “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 Buena Vista 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 4 hereof for the fiscal year commencing July 1, 2023 and ending June 30, 2024, 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
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InitiationofLevyandCollectionofAssmts
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 2023-2024 commencing July 1, 2023 and ending June 30, 2024. 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 , 2023.
CITY OF EL CENTRO
By_______________________________
Martha Cardenas-Singh, Mayor
ATTEST:
By _____________________________
Norma Wyles, City Clerk
APPROVED AS TO FORM:
Office of the City Attorney
By __________________________________
Elizabeth L. Martyn, City Attorney
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InitiationofLevyandCollectionofAssmts
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. 23- 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 , 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
By ____________________________
Norma Wyles, City Clerk
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Packet Pg. 309 Attachment: Buena Vista LLD - Initiating Proceedings - Intent Meeting 04 18 23 (5893 : Adopt Resolution to Initiate the Proceedings for the Levy City Council of the City of El Centro Meeting: 04/18/23 11:30 AM 1275 Main Street Department: Finance
El Centro, CA 92243 Category: Resolution
Prepared By: Karla Chaparro
SCHEDULED Department Head: Karla Chaparro
RESOLUTION (ID # 5892) DOC ID: 5892
Adopt Resolution for Preliminary Approval of the Engineer's Annual Levy Report regarding the Buena Vista Landscaping & Lighting District
CITY MANAGER’S RECOMMENDATION:
Adopt Resolution No. 23- , 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 2023-2024
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 Buena Vista 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. 23- , 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 2023-2024
ATTACHMENTS:
• Buena Vista LLD - Engineer's Report - Intent Meeting 04 18 23 (PDF) 12 Packet Pg. 310
Resolution (ID # 5892) Meeting of April 18, 2023
• Buena Vista LL&D (PDF)
12 Packet Pg. 311
03/2023/cdz/A23-0044/Reso/ECBuenaVistaLLD_EngRpt 1
RESOLUTION NO. 23-
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
2023-2024
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 Buena Vista Landscaping and Lighting District (“the District”), and the levy and collection of assessments related thereto for Fiscal Year 2023- 2024, 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 preliminary 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 2023-2024.
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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 , 2023.
CITY OF EL CENTRO
By_____________________________
Martha Cardenas-Singh, 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. 23- 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 , 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
By___________________________
Norma Wyles, City Clerk
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Packet Pg. 313 Attachment: Buena Vista LLD - Engineer's Report - Intent Meeting 04 18 23 (5892 : Adopt Resolution for Preliminary Approval of the Engineer's
City of El Centro
Buena Vista
Landscape and Lighting District
2023/2024 ENGINEER’S REPORT
Intent Meeting: April 18, 2023
Public Hearing: May 16, 2023
27368 Via Industria, Suite 200
Temecula, California 92590
T. 951.587.3500 800.755.6864
F. 951.587.3510 888.326.6864
www.willdan.com
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Packet Pg. 314 Attachment: Buena Vista LL&D (5892 : Adopt Resolution for Preliminary Approval of the Engineer's Annual Levy Report regarding the Buena V)
ENGINEER'S REPORT AFFIDAVIT
Buena Vista Landscaping and Lighting District
The District includes the parcels of land within the residential and commercial subdivisions known as
Buena Vista
City of El Centro,
County of Imperial, State of California
This Report identifies the parcels within the Buena Vista Landscaping and Lighting District and relevant zones therein including the improvements, budgets, parcels and assessments to be levied for Fiscal Year 2023/2024, as they existed at the time of the passage of the Resolution of Intention. Reference is hereby made to the Imperial County Assessor’s maps for a detailed description of the lines and dimensions of parcels within the District. The undersigned respectfully submits the enclosed Report as directed by the City Council.
Dated this ____________ day of ______________, 2023
Willdan Financial Services
Assessment Engineer
On Behalf of the City of El Centro
By: ________________________________
Michelle Laase
Project Manager, District Administration Services
By: ________________________________
Tyrone Peter
P.E. # C 81888
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PRELIMINARY APPROVAL
This Engineer’s Report and the proposed assessments described herein have been preliminarily approved by the City Council of the City of El Centro on this ______ day of ____________, 2023.
_________________________________
Norma Wyles, CMC
City Clerk
City of El Centro
FINAL APPROVAL
This Engineer’s Report, the improvements and assessments described herein were approved and adopted by the City Council of the City of El Centro on this ______ day of ___________, 2023.
________________________________
Norma Wyles, CMC
City Clerk
City of El Centro
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TABLE OF CONTENTS
I. EXECUTIVE SUMMARY 1
A. INTRODUCTION 1
II. PLANS AND SPECIFICATIONS 2
A. DESCRIPTION OF THE DISTRICT 2
B. IMPROVEMENTS AUTHORIZED BY THE 1972 ACT 2
C. DESCRIPTION OF IMPROVEMENTS AND SERVICES 3
III. METHOD OF APPORTIONMENT 5
A. GENERAL 5
B. PROPOSITION 218 BENEFIT ANALYSIS 5
C. SPECIAL BENEFIT ANALYSIS 7
D. ASSESSMENT METHODOLOGY 8
E. ASSESSMENT RANGE FORMULA 11
IV. DISTRICT BUDGET 12
A. DESCRIPTION OF BUDGET ITEMS 12
B. PROPOSED BUDGET FISCAL YEAR 2023/2024 16
C. HISTORICAL RATES 177
V. DISTRICT DIAGRAM 18
VI. 2023/2024 ASSESSMENT ROLL 19
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I. EXECUTIVE SUMMARY
A. INTRODUCTION
The City of El Centro (“City”) created the Buena Vista Landscaping and Lighting District (“District”) in order to provide for the ongoing operation, maintenance and servicing of median landscaping, certain perimeter landscaping and street lighting improvements installed in connection with development of properties within the District. This District provides the financial mechanism (annual assessments) by which the ongoing operation, maintenance and servicing of these improvements are funded. The District was formed in 2004 and annual assessments are levied pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (“1972 Act”) and in compliance with the substantive and procedural requirements of the “California State Constitution” Article XIIID (“Article XIIID”).
This Engineer’s Annual Levy Report (“Report”) describes the District and the proposed assessments for Fiscal Year 2023/2024. The annual budget for the maintenance and operation of the improvements is based on estimated expenses for the upcoming Fiscal Year. Parcels within the District are assessed proportionately for only those improvements and services that are a special benefit.
The District boundaries, improvements and services, method of apportionment and assessments described in this Report are based on current development and improvement plans including the estimated direct expenditures, incidental expenses and reserves associated with the maintenance and servicing of the improvements. These detailed plans and specifications approved by the City are made part of this Report by reference.
The word “parcel,” for the purposes of this Report, refers to an individual property assigned its own Assessment Number by the Imperial County (“County”) Assessor’s Office. The County Auditor/Controller uses Assessment Numbers and specific Fund Numbers to identify properties assessed on the tax roll for special district benefit assessments.
Following consideration of public comments and written protests at a noticed Public Hearing, the City Council may confirm the Report as submitted or amended and order the levy and collection of assessments for Fiscal Year 2023/2024 pursuant to the 1972 Act. The assessment information approved will be submitted to the County Auditor/Controller and included on the property tax roll for each benefiting parcel.
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II. PLANS AND SPECIFICATIONS
A. DESCRIPTION OF THE DISTRICT
The District consists of the lots, parcels and subdivisions of land located in the development area described below:
Buena Vista: The District encompasses the area of land identified by the County Assessor’s Office as Buena Vista Sub Units 1 through 4. It is located on the west side of 8th Street, between McCabe Road and Interstate 8. 465 single-family residential lots have been created within these Sub Units.
The District Diagram is presented in Part V of this Report.
B. IMPROVEMENTS AUTHORIZED BY THE 1972 ACT
As applicable or may be applicable to this District, the 1972 Act defines improvements to mean one or any combination of the following:
The installation or planting of landscaping.
The installation or construction of statuary, fountains and other ornamental structures and facilities.
The installation or construction of public lighting facilities. The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities. The maintenance or servicing, or both, of any of the foregoing. The acquisition of any existing improvement otherwise authorized pursuant to this section.
Incidental expenses associated with the improvements including, but not limited to:
The cost of preparation of the Report, including plans, specifications, estimates, diagram, and assessment;
The costs of printing, advertising and the publishing, posting and mailing of notices;
Compensation payable to the County for collection of assessments;
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Compensation of any engineer or attorney employed to render services; Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements;
Any expenses incidental to the issuance of bonds or notes pursuant to Section 22662.5.
Costs associated with any elections held for the approval of a new or increased assessment.
The 1972 Act defines "maintain" or "maintenance" to mean furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including:
Repair, removal or replacement of all or any part of any improvement. Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury.
The removal of trimmings, rubbish, debris, and other solid waste. The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.
C. DESCRIPTION OF IMPROVEMENTS AND SERVICES
Landscape Improvements
The landscaping improvements may include, but are not limited to 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 appurtenant facilities located within the streetscape (and perimeter landscaping) surrounding the developments, specifically:
Perimeter Landscaping at the locations and with the approximate composition, which follow. The square footage of area to be maintained for each development was estimated at a constant 5 feet width multiplied by a variable length of perimeter where the development adjoins a street. The length was taken from the Landscape Construction Plans measurement where available and approximated manually where the fore-mentioned measurements were not available.
8th Street and Imperial Avenue – 14,146.80 square feet of shrubs; 8
th Street and Imperial Avenue – 6,445.77 square feet of groundcover;
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8th Street, Imperial Avenue, Manuel A. Ortiz Avenue, and Fieldview Avenue – 225 trees.
Perimeter Hardscape at the following locations and compositions:
8th Street, Imperial Avenue, Manuel A. Ortiz Avenue, and Fieldview Avenue – 30,200 square feet of concrete sidewalk;
8th Street and Imperial Avenue – 2,910 linear feet of slump block wall; 8
th Street – 160 linear feet of entry monument; and
8
th Street – 13,620 square feet of decomposed granite.
The total perimeter landscape and hardscape area is estimated at approximately 88,523 square feet.
Retention Basin maintenance, including, but not limited to trash removal, weed clearing and other necessary maintenance to keep the basin operating properly.
Public Street Lighting Improvements
The street lighting improvements may include but are not limited to electrical energy, lighting fixtures, poles, meters, conduits, electrical cable and associated appurtenant facilities associated with:
Public street lighting within the residential subdivisions; Public street lighting, traffic signals and other public lighting facilities on the streets surrounding or adjacent to the developments and other public areas associated with or necessary for development of properties within the District.
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III. METHOD OF APPORTIONMENT
A. GENERAL
The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements, which include the construction, maintenance, and servicing of public lights, landscaping and appurtenant facilities. The 1972 Act further requires that the cost of these improvements be levied according to benefit rather than assessed value:
“The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.” Furthermore, Article XIIID Section 4 of the California Constitution (“Constitution”) states that:
“The proportionate special benefit derived by each identified parcel shall be determined in relationship to the entirety of the capital cost of the public improvement, the maintenance and operation expenses of the public improvement, or the cost of the property related service being provided...” The formula used for calculating assessments reflects the composition of the parcels, and the improvements and services provided, to fairly apportion the costs based on estimated benefit to each parcel.
B. PROPOSITION 218 BENEFIT ANALYSIS
The costs of the improvements have been identified and allocated to properties within the District based on special benefit. The improvements to be provided by this District and for which properties will be assessed have been identified as an essential component and local amenity that provides a direct reflection and extension of the properties within the District which the property owners and residents have expressed a high level of support.
This District was formed to provide and establish landscape and lighting enhancement that affects the presentation of the surrounding properties and developments and will directly benefit the parcels to be assessed within the District. The assessments and method of apportionment is based on the premise that the assessments will be used to construct and install landscape improvements within the existing Buena Vista Landscape and Lighting District as well as provide for the annual maintenance of those improvements, and the assessment revenues generated for the District will be used solely for such purposes.
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In conjunction with the provisions of the 1972 Act, the California Constitution Article XIIID addresses several key criteria for the levy of assessments, notably:
Article XIIID Section 2d defines District as follows:
“District means an area determined by an agency to contain all parcels which will receive a special benefit from a proposed public improvement or property-related service”;
Article XIIID Section 2i defines special benefit as follows:
“Special benefit” means a particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large.
General enhancement of property value does not constitute “special benefit.” Article XIIID Section 4a defines proportional special benefit assessments as follows:
“An agency which proposes to levy an assessment shall identify all parcels which will have a special benefit conferred upon them and upon which an assessment will be imposed. The proportionate special benefit derived by each identified parcel shall be determined in relationship to the entirety of the capital cost of a public improvement, the maintenance and operation expenses of a public improvement, or the cost of the property related service being provided. No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel.”
The method of apportionment (method of assessment) set forth in the Report is based on the premise that each assessed property receives special benefits from the landscape and lighting improvements in the District, and the assessment obligation for each parcel reflects that parcel’s proportional special benefits as compared to other properties that receive special benefits.
To identify and determine the proportional special benefit to each parcel within the District, it is necessary to consider the entire scope of the improvements provided as well as the properties that benefit from those improvements. The improvements and the associated costs described in this Report, have been carefully reviewed and have been identified and allocated based on a benefit rationale and calculations that proportionally allocate the net cost of only those improvements determined to be of special benefit to properties within the District. The various public improvements and the associated costs have been identified as either “general benefit” (not assessed) or “special benefit”.
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C. SPECIAL BENEFIT ANALYSIS
Each of the improvements, the associated costs and assessments have been carefully reviewed, identified and allocated based on special benefit pursuant to the provisions of the Constitution and the 1972 Act. The improvements associated with this District have been identified as necessary, required and/or desired for the orderly development of the properties within the District to their full potential, consistent with the proposed development plans. As such, these improvements would be necessary and required of individual property owners for the development of such properties and their ongoing operation; maintenance and servicing of these improvements would be the financial obligation of those properties. Therefore, the improvements and the annual costs of ensuring the operation, maintenance and servicing of the improvements are of direct and special benefit to the properties.
The method of apportionment (method of assessment) is based on the premise that each assessed parcel within the District receives benefit from the improvements. The desirability and security of properties is enhanced by the presence of street lighting and well-maintained landscaping in close proximity to those properties.
The special benefits associated with the landscaping improvements specifically:
Enhanced desirability of properties through association with the improvements;
Improved aesthetic appeal of properties providing a positive representation of the area and properties;
Enhanced adaptation of the urban environment within the natural environment from adequate green space and landscaping;
Environmental enhancement through improved erosion resistance, dust and debris control, and fire prevention;
Increased sense of pride in ownership of property within the District resulting from well-maintained improvements associated with the properties;
Enhanced quality of life through well-maintained green belts and landscaped areas;
Reduced criminal activity and property-related crimes (especially vandalism) against properties in the District through well-maintained surroundings and amenities including abatement of graffiti; and Enhanced environmental quality of the parcels by moderating temperatures, providing oxygenation and attenuating noise.
The special benefits of street lighting are the convenience, safety, and security of property, improvements, and goods. Specifically:
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Enhanced deterrence of crime and aid to police protection; Increased nighttime safety on roads and streets;
Improved ability of pedestrians and motorists to see; Improved ingress and egress to and from property;
Reduced vandalism and other criminal act and damage to improvements or property; and
Improved traffic circulation and reduced nighttime accidents and personal property loss.
The preceding special benefits contribute to a specific enhancement and desirability of each of the assessed parcels within the District.
Although the improvements include public easements, right-of-ways, streets and other amenities available or visible to the public at large, the construction and installation of these improvements are only necessary for the development of properties within the District and are not required nor necessarily desired by any properties or developments outside the District boundary. Therefore, any public access or use of the improvements by others is incidental and there is no measurable general benefit to properties outside the District or to the public at large.
D. ASSESSMENT METHODOLOGY
The method of apportionment for the District calculates the receipt of special benefit from the respective improvements based on the actual or proposed land use of the parcels within the District. The special benefit received by each lot or parcel is equated to the overall land use of the parcel based on the parcel’s actual land use or proposed planned development and is reliant upon the special benefit received from the improvements planned within the District. The development is a Single Family Residential development, and it has been determined that the planned residential parcels benefit equally from the improvements.
Equivalent Benefit Units:
To assess benefits equitably, it is necessary to relate each property’s proportional special benefits to the special benefits of other properties within the District. The Equivalent Benefit Unit method of assessment apportionment uses the singlefamily home site as the basic unit of assessment. A single-family home site equals one Equivalent Benefit Unit (EBU). The other land uses are converted to EBUs based on an assessment formula that equates the property’s specific development status, type of development (land use), and size of the property, as compared to a single-family home site.
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The EBU method of apportioning special benefits is typically seen as an appropriate and equitable assessment methodology for districts formed under the 1972 Act, as the benefit to each parcel from the improvements are apportioned as a function of land use type, size and development.
EBU Application by Land Use:
Single-Family Residential — This land use is defined as a fully subdivided residential home site with or without a structure. This land use is assessed 1.0 EBU per lot or parcel. This is the base value that the other land use types are compared to and weighted against (i.e. Equivalent Benefit Unit or EBU).
Multi-Family Residential — This land use is defined as a fully subdivided residential parcel that has more than one residential unit developed on the property. This land use is assessed 1.0 EBU per dwelling unit.
Planned-Residential Development — This land use is defined as any property not fully subdivided with a specific number of proposed residential lots or dwelling units to be developed on the parcel. This land use type is assessed at 1.0 EBU per planned (proposed) residential lot or dwelling unit.
Vacant Single-Family Residential — This land use is defined as property currently zoned for single-family detached residential development, but a tentative or final tract map has not been submitted and/or approved. This land use is assessed at 0.5 EBU per parcel.
Vacant Multi-Family Residential — This land use is defined as property currently zoned for multi-family residential development, but a tentative or final tract map has not been submitted and/or approved. This land use is assessed at 0.5 EBU per parcel.
Vacant Commercial — This land use is defined as property currently zoned for commercial use, but not specifically identified as commercial property. This land use is assessed at 1.0 EBU per acre. Parcels less than 1 acre are assigned a minimum of 1.0 EBU. Parcels over 50 acres are assigned a maximum of 50 EBU.
Developed Commercial — This land use is defined as property developed for either commercial or industrial use. This land use type is assessed at 4.0 EBU per gross acre. Parcels less than 0.25 acres are assigned a minimum of 1.0 EBU and there is no maximum acreage cap, as is the case with Vacant Commercial Property.
Recreational or Limited Commercial Use — This land use is defined as property used for recreational or commercial use that is not part of the improvements provided by the District. This land use classification may include, but is not limited to, golf courses, commercial parking lots or commercial properties where less than ten percent of the total acreage has been developed. This land use is assessed at
2.0 EBU per acre. Similar to Commercial properties, there is no maximum acreage cap for this land use, but parcels less than 0.5 acres are assigned a minimum 1.0 EBU.
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Exempt Parcels — This land use identifies properties that are not assessed and are assigned 0.0 EBU. This land use classification may include, but is not limited, to lots or parcels identified as public streets and other roadways (typically not assigned an APN by the County); dedicated public easements, open space areas and right-of-ways including greenbelts and parkways; utility right-of-ways; common areas, sliver parcels and bifurcated lots or any other property that cannot be developed; park properties and other publicly owned properties that are part of the District improvements or that have little or no improvement value. These types of parcels are considered to receive little or no benefit from the improvements and are therefore not assessed.
The following table provides a listing of land use types, land use code designations, the Equivalent Benefit Unit factor applied to that land use type, and the multiplying factor used to calculate each parcel’s individual EBU.
Land Use Codes and Equivalent Benefit Units
Property Type
Land Use
Code
Equivalent
Benefit Unit Multiplier
Single-Family Residential SFR 1.0 Lot/Parcel
Multi-Family Residential MFR 1.0 Dwelling Unit
Planned Residential Development PRD 1.0 Planned Residential Lot or Dwelling Unit
Vacant Single-Family Residential SFV 0.5 Parcel
Vacant Multi-Family Residential MFV 0.5 Parcel
Vacant Commercial CMV 1.0 Acreage
Developed Commercial COM 4.0 Acreage
Recreational or Limited Commercial Use REC 2.0 Acreage
Exempt XMT 0.0 Parcel
The benefit formula applied to parcels within the District is based on the preceding Equivalent Benefit Unit (EBU) table. Each parcel's EBU correlates the parcel’s special benefit received as compared to the other parcels benefiting from the improvements.
The following formula is used to calculate each parcel’s EBU (proportional benefit).
Parcel Type EBU x Acres/Dwelling Units/Parcel/Lot = Parcel EBU The total number of Equivalent Benefit Units (EBUs) is the sum of individual EBUs applied to parcels that receive special benefit from the improvements. An assessment amount per EBU (“Rate”) is established by taking the net total cost of the improvements and dividing that amount by the total number of EBUs of the parcels benefiting from the improvements. This Rate is then applied back to each parcel’s individual EBU to determine the parcel’s proportionate benefit and assessment obligation for that improvement.
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Total Balance to Levy / Total EBU = Rate per EBU
Rate per EBU x Parcel EBU = Parcel Levy Amount
The total number of EBUs for the developments within the District is 465.
E. ASSESSMENT RANGE FORMULA
Any new or increased assessment requires certain noticing and meeting requirements by law. Prior to the passage of Proposition 218 (California Constitution Articles XIIIC and XIIID), legislative changes in the Brown Act defined a "new or increased assessment" to exclude certain conditions. These conditions included "any assessment that does not exceed an assessment formula or range of assessments previously adopted by the agency or approved by the voters in the area where the assessment is imposed." This definition and conditions were later confirmed through Senate Bill 919 (Proposition 218 implementing legislation).
The purpose of establishing an assessment range formula is to provide for reasonable increases and inflationary adjustment to annual assessments without requiring costly noticing and mailing procedures, which could add to the District costs and assessments. As part of the District formation, balloting of property owners was conducted pursuant to the Constitution Article XIIID Section 4. The property owner ballots included an Assessment to be approved, as well as the approval of an assessment range formula.
The Maximum Assessment Rate is equal to the initial Assessment Rate approved by property owners adjusted annually by the percentage increase of the Local Consumer Price Index (CPI) for San Diego-Carlsbad, CA Area for All Urban Consumers from January to January. For Fiscal Year 2023/2024, the percentage increase of the local CPI is 6.45%.
Beginning in the second Fiscal Year of the District (Fiscal Year 2005/06) and each Fiscal Year thereafter, the Maximum Assessment Rate will be recalculated and a new Maximum Assessment Rate established. The Maximum Assessment Rate is adjusted annually and is calculated independent of the District’s annual budget and proposed annual assessment. Any proposed annual assessment rate per EBU for any Fiscal Year that is less than or equal to this Maximum Assessment Rate is not considered an increased assessment.
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IV. DISTRICT BUDGET
A. DESCRIPTION OF BUDGET ITEMS
The following is a brief description of the costs associated with the improvements and services funded through the District.
DIRECT COSTS:
Maintenance Costs/Labor — Includes all regularly scheduled labor and general maintenance cost including all wages, salaries, benefits and contract services required to properly maintain and ensure the satisfactory condition of all improvements and appurtenant facilities.
Landscaping Supplies — Includes all, materials, supplies, (e.g. pipe, fertilizer, insecticides, fuel, cleaning material etc.), and equipment, (e.g. communication, small tools, rentals, machinery etc.), required to operate, maintain and ensure the satisfactory condition of all improvements and appurtenant facilities.
Utilities — The furnishing of water and electricity required for the operation and maintenance of the improvements and facilities.
Miscellaneous Expenses — This item includes repairs to the improvements and facilities that are not included in the yearly maintenance costs. This may include repair of damaged amenities due to vandalism, storms, etc. Also included may be planned upgrades or replacements of the improvements and equipment that provide a direct benefit to the District.
ADMINISTRATION COSTS:
District Administration — May include all or a portion of the administrative and professional service costs associated with the coordination of District services and operations including response to public concerns and education and procedures associated with the levy and collection of assessments. This budget item also includes the costs of contracting with professionals to provide administrative, legal or engineering services specific to the District.
County Per Parcel Fee — This is the cost to the District for the County to collect assessments on the property tax bills.
LEVY BREAKDOWN:
Reserve Collection/ (Transfer) — The 1972 Act pursuant to Chapter 1, Article 4 Section 22569 (a), provides for a District Reserve Fund. This Reserve Fund provides for the collection of funds to operate the District from the time period of July 1 (beginning of the Fiscal Year) through December 10th or when the County provides the City with the first installment of
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assessments collected from the property tax bills (typically January or February). Negative amounts shown for this budget item represent transfers from the Reserve Fund that reduces the Balance to Levy. Maintaining a fully funded Reserve eliminates the need for the City to transfer funds from nonDistrict accounts to pay for operational expenses during the first half of the fiscal year and also provides the District with sufficient funds to address any unforeseen or unusual expenditures that may occur during the year.
Capital Improvement Fund Collection/( Transfer) – The 1972 Act pursuant to Chapter 5, beginning with Section 22660, provides for the District to establish by resolution an assessment installment plan for proposed improvements and expenditures that are greater than can be conveniently raised from a single annual assessment. Depending on the nature of the planned improvements, the collection of funds necessary to complete the project may be collected over a period up to thirty years, but typically not more than five years. The funds collected shall be accumulated in a separate improvement fund commonly referred to as a Capital Improvement Fund (CIF) and are not considered part of the regular maintenance of the improvements or the Reserve Fund.
Because the money accumulated in the Capital Improvement Fund is for a specific planned project (budgeted separately), the amount shown for this item in the annual budget will typically be a positive number representing the amount being collected that year as part of the Balance to Levy. A negative number (Contribution) should only occur after the project has been completed and excess funds are being credited back to the District’s regular accounts. The actual fund balances and expenditures for Capital Improvements are clearly identified under the Fund Balance Information section of the Budget.
General Fund Loans Repayment/(Advances) — This item represents repayments of amounts that had been temporarily advanced to the District from other revenue sources (usually the General Fund) or represents funds being loaned to the District for the current Fiscal Year that must be repaid by future assessments. Similar to the Reserve Collection/ (Contribution) line item, this item directly impacts the Reserve Fund Balances either positively or negatively.
Repayments are shown as a positive number and represent additional money being collected in the current annual assessment to repay a prior loan. These loans are typically for capital improvement expenditures or unforeseen expenditures incurred in prior years and Reserve Fund monies were not sufficient to cover the expenses. To ensure the ongoing operation and maintenance of the improvements, the City may advance funds to the District as a temporary loan to meet current expenditures, and collect repayment of the loan through the annual assessments the following year or possibly over several years. Generally, all available Reserve Funds are
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exhausted before a temporary loan is advanced to the District and the Beginning Reserve Fund Balance will be a negative number indicating the loan amount is still outstanding. A loan for the current fiscal year (Contribution) is shown as a negative number. If the District is expected to incur significant expenditures in the current fiscal year for special services or capital improvements (upgrades or refurbishing of the improvements) and the proposed assessment revenues (annual assessments) and/or available Reserve Funds are not sufficient to cover the expenditures, the City may advance funds to the District as a temporary loan to meet the proposed expenditures. Generally, all available Reserve Funds must be exhausted before a temporary loan is advanced to the District and any funds temporarily loaned in excess of the available Reserve Funds will be reflected as a negative Ending Reserve Fund Balance. This negative Reserve Fund Balance will be repaid and replenished through future assessment revenues.
Balance to Levy — This is the total amount to be levied and collected through assessments for the current fiscal year. The Balance to Levy represents the sum of Total Direct and Administration Costs, the Reserve Collection/ (Contribution), Replenishment/ (Contribution), and Other Revenue Sources.
DISTRICT STATISTICS:
Total Parcels — The total number of parcels within the District.
Total Parcels Levied — The total number of parcels within the District that are assessed. Non-assessable lots or parcels include properties that have been determined to receive no special benefits from the improvements, and may include land principally encumbered by public or other right-of-ways or easements, common areas, and/or parcels that have restricted use or development potential.
Total Equivalent Benefit Units — The typical single-family residential parcel is assigned one (1.0) Equivalent Benefit Unit. Every other land-use or property type is converted to EBU’s based on an assessment formula that equates the property’s specific development status, type of development (land-use), and size of the property, as compared to typical single-family residential parcel.
Applied Levy per EBU — This amount represents the assessment rate being applied to each parcel. The Levy per EBU is the result of dividing the total Balance to Levy, by the sum of the Total Equivalent Benefit Units to be assessed.
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RESERVE INFORMATION:
Reserve Balance — The Reserve Balance eliminates the need for the City to transfer funds from non-District accounts to pay for District charges during the first half of the fiscal year. The Reserve Balance allows the District to retain sufficient funds to operate the District from the time period of July 1 (beginning of the Fiscal Year) through January or February (when the County provides the City with the first installment of assessments collected from the property tax bills). Additional funds may be collected each year to ensure adequate operating funds are available or the funds may be used to reduce the Balance to Levy. Using reserve amounts in this way allows the Levy rate to remain fairly constant, although District costs may fluctuate. The Previous Reserve Balance reflects the projected funds available at the beginning of the current fiscal year (based on the projected revenues and expenses from the prior fiscal year). The Estimated Ending Reserve Balance reflects the projected funds that are anticipated at the end of the current fiscal year (assuming all revenues and expenditures occur as budgeted).
The budget to establish the proposed maximum assessment and the proposed assessment for fiscal year 2023/2024 is shown on the next page. As shown in the budget, the adjusted Maximum Assessment Rate per EBU is $201.67. For each fiscal year, the actual proposed assessment may be less than the adjusted maximum assessment.
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B. PROPOSED BUDGET FISCAL YEAR 2023/2024
City of El Centro
Buena Vista Landscaping and Lighting Assessment
Fiscal Year 2023/2024
Fund Number: 923
Levy Components Special Benefit Costs
Maintenance Costs/Labor $30,000
Landscaping Supplies 50,000
Utilities Water 3,400
Utilities Electricity 700
Miscellaneous Expenses 600
TOTAL DIRECT $84,700
District Administration $3,500
Professional Fees for Administration 5,000
TOTAL ADMIN $8,500
TOTAL DIRECT AND ADMIN COSTS $93,200
Reserve Collection/ (Transfer) ($37,558)
Interest Credit (2,000)
Capital Improvement Fund Collection/(Transfer) 0
General Fund Loans Repayment/(Advances) 0
Other Revenues/General Fund (Contributions) 0
TOTAL ADJUSTMENTS ($39,558)
Balance to Levy (Budgeted) $53,642
Total Parcels 467
Total Parcels Levied 465
Total Equivalent Benefit Units 465.00
Proposed Levy per Benefit Unit $115.36
Applied Levy per Benefit Unit $115.36
Maximum Levy per Benefit Unit (Prior Fiscal Year) $189.46 Maximum Levy per Benefit Unit (Current Fiscal Year) $201.67 Inflationary Factor Applied to Maximum Rate 6.45%
RESERVE INFORMATION
Beginning Projected Reserve Balance 07/01/2023 $123,187 Projected CIP Fund Balance 0
Collection/(Transfer) (37,558)
Ending Projected Reserve Balance 06/30/2024 $85,629
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C. HISTORICAL RATES
Fiscal Year CPI Applied Rate Max Rate
2004/05 N/A $119.00 $119.00
2005/06 3.65% $123.34 $123.35
2006/07 3.67% $127.86 $127.87
2007/08 3.40% $66.10 $132.22
2008/09 2.29% $68.49 $135.24
2009/10 3.85% $71.40 $140.45
2010/11 0.00% $71.40 $140.45
2011/12 1.32% $71.40 $142.31
2012/13 3.03% $71.40 $146.62
2013/14 1.60% $10.00 $148.97
2014/15 1.31% $10.00 $150.92
2015/16 1.85% $10.00 $153.72
2016/17 1.62% $10.00 $156.20
2017/18 1.96% $10.00 $159.27
2018/19 3.01% $10.00 $164.07
2019/20 2.58% $10.00 $168.28
2020/21 2.30% $10.00 $172.15
2021/22 1.69% $46.14 $175.06
2022/23 8.22% $92.28 $189.46
2023/24 6.45% $115.36 $201.67
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V. DISTRICT DIAGRAM
The Diagram for the Buena Vista Landscaping and Lighting District is on file with the City Clerk and by reference herein is made part of this Report. The parcels within the Buena Vista Landscaping and Lighting District consist of the lots, parcels and subdivisions of land shown on the Imperial Assessor’s parcel maps. The lines and dimensions shown on the County Assessor Parcel maps for the current year are incorporated by reference herein and made part of this Report.
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VI. 2023/2024 ASSESSMENT ROLL
Parcel identification for each lot or parcel within the District shall be the parcel as shown on the Imperial County Secured Roll for the year in which this Report is prepared and reflective of the Assessor’s Parcel Maps. A listing of the current assessor parcels to be assessed within this District along with the assessment amounts is provided in the Assessment Roll on file at the Office of the City Clerk.
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Packet Pg. 336 Attachment: Buena Vista LL&D (5892 : Adopt Resolution for Preliminary Approval of the Engineer's Annual Levy Report regarding the Buena V) APN Situs Address Land Use EBU Max Assessment Charge
054-551-001-000 802 MANUEL ORTIZ AVE SFR 1.00 $201.67 $115.36 054-551-002-000 826 MANUEL A ORTIZ AVE SFR 1.00 201.67 115.36 054-551-003-000 850 MANUEL A ORTIZ AVE SFR 1.00 201.67 115.36 054-551-004-000 874 MANUEL A. ORTIZ AVE SFR 1.00 201.67 115.36 054-551-005-000 898 MANUEL A. ORTIZ AVE SFR 1.00 201.67 115.36 054-551-006-000 902 MANUEL A. ORTIZ AVE SFR 1.00 201.67 115.36 054-551-007-000 926 MANUEL A ORTIZ AVE SFR 1.00 201.67 115.36 054-551-008-000 950 MANUEL ORTIZ AVE SFR 1.00 201.67 115.36 054-551-009-000 974 MANUEL A. ORTIZ AVE SFR 1.00 201.67 115.36 054-551-010-000 998 MANUEL A ORTIZ AVE SFR 1.00 201.67 115.36 054-551-011-000 1002 MANUEL A ORTIZ AVE SFR 1.00 201.67 115.36 054-551-012-000 1026 MANUEL A ORTIZ AVE SFR 1.00 201.67 115.36 054-551-013-000 1050 MANUEL A ORTIZ AVE SFR 1.00 201.67 115.36 054-551-014-000 1074 MANUEL A ORTIZ AVE SFR 1.00 201.67 115.36 054-551-015-000 1098 MANUEL A. ORTIZ AVE SFR 1.00 201.67 115.36 054-551-016-000 1102 MANUEL A. ORTIZ AVE SFR 1.00 201.67 115.36 054-551-017-000 1122 MANUEL ORTIZ AVE SFR 1.00 201.67 115.36 054-551-018-000 1140 MANUEL A. ORTIZ AVE SFR 1.00 201.67 115.36 054-551-019-000 1160 MANUEL A ORTIZ AVE SFR 1.00 201.67 115.36 054-551-020-000 1178 MANUEL A ORTIZ AVE SFR 1.00 201.67 115.36 054-551-021-000 1198 MANUEL A ORTIZ AVE SFR 1.00 201.67 115.36 054-551-022-000 1202 MANUEL A ORTIZ AVE SFR 1.00 201.67 115.36 054-551-023-000 1216 MANUEL A ORTIZ AVE SFR 1.00 201.67 115.36 054-551-024-000 1230 MANUEL A. ORTIZ AVE SFR 1.00 201.67 115.36 054-551-025-000 1244 MANUEL A ORTIZ AVE SFR 1.00 201.67 115.36 054-551-026-000 1258 MANUEL ORTIZ AVE SFR 1.00 201.67 115.36 054-551-027-000 1272 MANUEL ORTIZ AVE SFR 1.00 201.67 115.36 054-551-028-000 1286 MANUEL ORTIZ AVE SFR 1.00 201.67 115.36 054-551-029-000 1298 MANUEL ORTIZ AVE SFR 1.00 201.67 115.36 054-551-030-000 1302 MANUEL ORTIZ AVE SFR 1.00 201.67 115.36 054-551-031-000 1318 MANUEL A ORTIZ AVE SFR 1.00 201.67 115.36 054-551-032-000 1334 MANUEL ORTIZ AVE SFR 1.00 201.67 115.36 054-551-033-000 1350 MANUEL ORTIZ AVE SFR 1.00 201.67 115.36 054-551-034-000 1364 MANUEL ORTIZ AVE SFR 1.00 201.67 115.36 054-551-035-000 1382 MANUEL ORTIZ AVE SFR 1.00 201.67 115.36 054-551-036-000 1398 MANUEL ORTIZ AVE SFR 1.00 201.67 115.36 054-551-037-000 1402 MANUEL ORTIZ AVE SFR 1.00 201.67 115.36 054-551-038-000 1416 MANUEL ORTIZ AVE SFR 1.00 201.67 115.36 054-551-039-000 1430 MANUEL ORTIZ AVE SFR 1.00 201.67 115.36 054-551-040-000 1444 MANUEL ORTIZ AVE SFR 1.00 201.67 115.36 054-551-041-000 1458 MANUEL ORTIZ AVE SFR 1.00 201.67 115.36 054-551-042-000 1472 MANUEL A ORTIZ AVE SFR 1.00 201.67 115.36 054-551-043-000 1486 MANUEL ORTIZ AVE SFR 1.00 201.67 115.36 054-551-044-000 1498 MANUEL A. ORTIZ AVE SFR 1.00 201.67 115.36 054-552-001-000 1219 MANUEL ORTIZ AVE SFR 1.00 201.67 115.36 054-552-002-000 1203 MANUEL ORTIZ AVE SFR 1.00 201.67 115.36 054-552-003-000 1202 RIVERVIEW AVE SFR 1.00 201.67 115.36 054-552-004-000 1218 RIVERVIEW AVE SFR 1.00 201.67 115.36 054-552-005-000 1399 MANUEL ORTIZ AVE SFR 1.00 201.67 115.36 054-552-006-000 1383 MANUEL ORTIZ AVE SFR 1.00 201.67 115.36 054-552-007-000 1365 MANUEL ORTIZ AVE SFR 1.00 201.67 115.36 054-552-008-000 1351 MANUEL ORTIZ AVE SFR 1.00 201.67 115.36 054-552-009-000 1335 MANUEL ORTIZ AVE SFR 1.00 201.67 115.36 054-552-010-000 1319 MANUEL ORTIZ AVE SFR 1.00 201.67 115.36 054-552-011-000 1303 MANUEL ORTIZ AVE SFR 1.00 201.67 115.36 054-552-012-000 1299 MANUEL ORTIZ AVE SFR 1.00 201.67 115.36 054-552-013-000 1283 MANUEL ORTIZ AVE SFR 1.00 201.67 115.36 054-552-014-000 1265 MANUEL ORTIZ AVE SFR 1.00 201.67 115.36 054-552-015-000 1251 MANUEL ORTIZ AVE SFR 1.00 201.67 115.36 054-552-016-000 1235 MANUEL ORTIZ AVE SFR 1.00 201.67 115.36 054-552-017-000 1234 RIVERVIEW AVE SFR 1.00 201.67 115.36 054-552-018-000 1250 RIVERVIEW AVE SFR 1.00 201.67 115.36 City of El Centro
Buena Vista Landscaping and Lighting Assessment
Preliminary Assessment Roll
Fiscal Year 2023/24
Willdan Financial Services Page 1 of 8
12.b
Packet Pg. 337 Attachment: Buena Vista LL&D (5892 : Adopt Resolution for Preliminary Approval of the Engineer's Annual Levy Report regarding the Buena V) APN Situs Address Land Use EBU Max Assessment Charge
City of El Centro
Buena Vista Landscaping and Lighting Assessment
Preliminary Assessment Roll
Fiscal Year 2023/24
054-552-019-000 1264 RIVERVIEW AVE SFR 1.00 201.67 115.36 054-552-020-000 1282 RIVERVIEW AVE SFR 1.00 201.67 115.36 054-552-021-000 1298 RIVERVIEW AVE SFR 1.00 201.67 115.36 054-552-022-000 1302 RIVERVIEW AVE SFR 1.00 201.67 115.36 054-552-023-000 1318 RIVERVIEW AVE SFR 1.00 201.67 115.36 054-552-024-000 1334 RIVERVIEW AVE SFR 1.00 201.67 115.36 054-552-025-000 1350 RIVERVIEW AVE SFR 1.00 201.67 115.36 054-552-026-000 1364 RIVERVIEW AVE SFR 1.00 201.67 115.36 054-552-027-000 1382 RIVERVIEW AVE SFR 1.00 201.67 115.36 054-552-028-000 1398 RIVERVIEW AVE SFR 1.00 201.67 115.36 054-553-001-000 1219 RIVERVIEW AVE SFR 1.00 201.67 115.36 054-553-002-000 1203 RIVERVIEW AVE SFR 1.00 201.67 115.36 054-553-003-000 1202 FIELDVIEW AVE SFR 1.00 201.67 115.36 054-553-004-000 1222 FIELDVIEW AVE SFR 1.00 201.67 115.36 054-553-005-000 1240 FIELDVIEW AVE SFR 1.00 201.67 115.36 054-553-006-000 1260 FIELDVIEW AVE SFR 1.00 201.67 115.36 054-553-007-000 1278 FIELDVIEW AVE SFR 1.00 201.67 115.36 054-553-008-000 1298 FIELDVIEW AVE SFR 1.00 201.67 115.36 054-553-009-000 1299 FIELDVIEW AVE SFR 1.00 201.67 115.36 054-553-010-000 1279 FIELDVIEW AVE SFR 1.00 201.67 115.36 054-553-011-000 1261 FIELDVIEW AVE SFR 1.00 201.67 115.36 054-553-012-000 1241 FIELDVIEW AVE SFR 1.00 201.67 115.36 054-553-013-000 1223 FIELDVIEW AVE SFR 1.00 201.67 115.36 054-553-014-000 1203 FIELDVIEW AVE SFR 1.00 201.67 115.36 054-553-015-000 1218 MEADOWVIEW AVE SFR 1.00 201.67 115.36 054-553-016-000 1202 MEADOWVIEW AVE SFR 1.00 201.67 115.36 054-553-017-000 1235 RIVERVIEW AVE SFR 1.00 201.67 115.36 054-553-018-000 1251 RIVERVIEW AVE SFR 1.00 201.67 115.36 054-553-019-000 1265 RIVERVIEW AVE SFR 1.00 201.67 115.36 054-553-020-000 1283 RIVERVIEW AVE SFR 1.00 201.67 115.36 054-553-021-000 1299 RIVERVIEW AVE SFR 1.00 201.67 115.36 054-553-022-000 1303 RIVERVIEW AVE SFR 1.00 201.67 115.36 054-553-023-000 1319 RIVERVIEW AVE SFR 1.00 201.67 115.36 054-553-024-000 1335 RIVERVIEW AVE SFR 1.00 201.67 115.36 054-553-025-000 1351 RIVERVIEW AVE SFR 1.00 201.67 115.36 054-553-026-000 1365 RIVERVIEW AVE SFR 1.00 201.67 115.36 054-553-027-000 1383 RIVERVIEW AVE SFR 1.00 201.67 115.36 054-553-028-000 1399 RIVERVIEW AVE SFR 1.00 201.67 115.36 054-553-029-000 1398 FIELDVIEW CT SFR 1.00 201.67 115.36 054-553-030-000 1378 FIELDVIEW CT SFR 1.00 201.67 115.36 054-553-031-000 1360 FIELDVIEW CT SFR 1.00 201.67 115.36 054-553-032-000 1340 FIELDVIEW CT SFR 1.00 201.67 115.36 054-553-033-000 1322 FIELDVIEW CT SFR 1.00 201.67 115.36 054-553-034-000 1302 FIELDVIEW CT SFR 1.00 201.67 115.36 054-553-035-000 1303 FIELDVIEW CT SFR 1.00 201.67 115.36 054-553-036-000 1323 FIELDVIEW CT SFR 1.00 201.67 115.36 054-553-037-000 1341 FIELDVIEW CT SFR 1.00 201.67 115.36 054-553-038-000 1361 FIELDVIEW CT SFR 1.00 201.67 115.36 054-553-039-000 1379 FIELDVIEW CT SFR 1.00 201.67 115.36 054-553-040-000 1399 FIELDVIEW CT SFR 1.00 201.67 115.36 054-553-041-000 1398 MEADOWVIEW AVE SFR 1.00 201.67 115.36 054-553-042-000 1382 MEADOWVIEW AVE SFR 1.00 201.67 115.36 054-553-043-000 1364 MEADOWVIEW AVE SFR 1.00 201.67 115.36 054-553-044-000 1350 MEADOWVIEW AVE SFR 1.00 201.67 115.36 054-553-045-000 1334 MEADOWVIEW AVE SFR 1.00 201.67 115.36 054-553-046-000 1318 MEADOWVIEW AVE SFR 1.00 201.67 115.36 054-553-047-000 1302 MEADOWVIEW AVE SFR 1.00 201.67 115.36 054-553-048-000 1298 MEADOWVIEW AVE SFR 1.00 201.67 115.36 054-553-049-000 1282 MEADOWVIEW AVE SFR 1.00 201.67 115.36 054-553-050-000 1264 MEADOWVIEW AVE SFR 1.00 201.67 115.36 054-553-051-000 1250 MEADOWVIEW AVE SFR 1.00 201.67 115.36 054-553-052-000 1234 MEADOWVIEW AVE SFR 1.00 201.67 115.36 Willdan Financial Services Page 2 of 8
12.b
Packet Pg. 338 Attachment: Buena Vista LL&D (5892 : Adopt Resolution for Preliminary Approval of the Engineer's Annual Levy Report regarding the Buena V) APN Situs Address Land Use EBU Max Assessment Charge
City of El Centro
Buena Vista Landscaping and Lighting Assessment
Preliminary Assessment Roll
Fiscal Year 2023/24
054-554-001-000 1219 MEADOWVIEW AVE SFR 1.00 201.67 115.36 054-554-002-000 1203 MEADOWVIEW AVE SFR 1.00 201.67 115.36 054-554-003-000 1235 MEADOWVIEW AVE SFR 1.00 201.67 115.36 054-554-004-000 1251 MEADOWVIEW AVE SFR 1.00 201.67 115.36 054-554-005-000 1265 MEADOWVIEW AVE SFR 1.00 201.67 115.36 054-554-006-000 1283 MEADOWVIEW AVE SFR 1.00 201.67 115.36 054-554-007-000 1299 MEADOWVIEW AVE SFR 1.00 201.67 115.36 054-554-008-000 1303 MEADOWVIEW AVE SFR 1.00 201.67 115.36 054-554-009-000 1319 MEADOWVIEW AVE SFR 1.00 201.67 115.36 054-554-010-000 1335 MEADOWVIEW AVE SFR 1.00 201.67 115.36 054-554-011-000 1351 MEADOWVIEW AVE SFR 1.00 201.67 115.36 054-554-012-000 1365 MEADOWVIEW AVE SFR 1.00 201.67 115.36 054-554-013-000 1383 MEADOWVIEW AVE SFR 1.00 201.67 115.36 054-554-014-000 1399 MEADOWVIEW AVE SFR 1.00 201.67 115.36 054-555-001-000 1051 MANUEL A ORTIZ AVE SFR 1.00 201.67 115.36 054-555-002-000 1075 MANUEL ORTIZ AVE SFR 1.00 201.67 115.36 054-555-003-000 1099 MANUEL ORTIZ AVE SFR 1.00 201.67 115.36 054-555-004-000 1103 MANUEL ORTIZ AVE SFR 1.00 201.67 115.36 054-555-005-000 1123 MANUEL ORTIZ AVE SFR 1.00 201.67 115.36 054-555-006-000 1141 MANUEL ORTIZ AVE SFR 1.00 201.67 115.36 054-555-007-000 1161 MANUEL ORTIZ AVE SFR 1.00 201.67 115.36 054-555-008-000 1199 MANUEL ORTIZ AVE SFR 1.00 201.67 115.36 054-555-009-000 1198 RIVERVIEW AVE SFR 1.00 201.67 115.36 054-555-010-000 1186 RIVERVIEW AVE SFR 1.00 201.67 115.36 054-555-011-000 1172 RIVERVIEW AVE SFR 1.00 201.67 115.36 054-555-012-000 1158 RIVERVIEW AVE SFR 1.00 201.67 115.36 054-555-013-000 1144 RIVERVIEW AVE SFR 1.00 201.67 115.36 054-555-014-000 1130 RIVERVIEW AVE SFR 1.00 201.67 115.36 054-555-015-000 1116 RIVERVIEW AVE SFR 1.00 201.67 115.36 054-555-016-000 1102 RIVERVIEW AVE SFR 1.00 201.67 115.36 054-555-017-000 1103 RIVERVIEW AVE SFR 1.00 201.67 115.36 054-555-018-000 1117 RIVERVIEW AVE SFR 1.00 201.67 115.36 054-555-019-000 1131 RIVERVIEW AVE SFR 1.00 201.67 115.36 054-555-020-000 1145 RIVERVIEW AVE SFR 1.00 201.67 115.36 054-555-021-000 1159 RIVERVIEW AVE SFR 1.00 201.67 115.36 054-555-022-000 1173 RIVERVIEW AVE SFR 1.00 201.67 115.36 054-555-023-000 1187 RIVERVIEW AVE SFR 1.00 201.67 115.36 054-555-024-000 1199 RIVERVIEW AVE SFR 1.00 201.67 115.36 054-555-025-000 1198 FIELDVIEW AVE SFR 1.00 201.67 115.36 054-555-026-000 1178 FIELDVIEW AVE SFR 1.00 201.67 115.36 054-555-027-000 1160 FIELDVIEW AVE SFR 1.00 201.67 115.36 054-555-028-000 1140 FIELDVIEW AVE SFR 1.00 201.67 115.36 054-555-029-000 1122 FIELDVIEW AVE SFR 1.00 201.67 115.36 054-555-030-000 1102 FIELDVIEW AVE SFR 1.00 201.67 115.36 054-555-031-000 1098 FIELDVIEW AVE SFR 1.00 201.67 115.36 054-555-032-000 1078 FIELDVIEW AVE SFR 1.00 201.67 115.36 054-556-001-000 1199 FIELDVIEW AVE SFR 1.00 201.67 115.36 054-556-002-000 1179 FIELDVIEW AVE SFR 1.00 201.67 115.36 054-556-003-000 1161 FIELDVIEW AVE SFR 1.00 201.67 115.36 054-556-004-000 1141 FIELDVIEW AVE SFR 1.00 201.67 115.36 054-556-005-000 1123 FIELDVIEW AVE SFR 1.00 201.67 115.36 054-556-006-000 1103 FIELDVIEW AVE SFR 1.00 201.67 115.36 054-556-007-000 1099 FIELDVIEW AVE SFR 1.00 201.67 115.36 054-556-008-000 1079 FIELDVIEW AVE SFR 1.00 201.67 115.36 054-556-009-000 1061 FIELDVIEW AVE SFR 1.00 201.67 115.36 054-556-010-000 1041 FIELDVIEW AVE SFR 1.00 201.67 115.36 054-556-011-000 1023 FIELDVIEW AVE SFR 1.00 201.67 115.36 054-556-012-000 1003 FIELDVIEW AVE SFR 1.00 201.67 115.36 054-556-013-000 1002 MEADOWVIEW AVE SFR 1.00 201.67 115.36 054-556-014-000 1022 MEADOWVIEW AVE SFR 1.00 201.67 115.36 054-556-015-000 1040 MEADOWVIEW AVE SFR 1.00 201.67 115.36 054-556-016-000 1060 MEADOWVIEW AVE SFR 1.00 201.67 115.36 Willdan Financial Services Page 3 of 8
12.b
Packet Pg. 339 Attachment: Buena Vista LL&D (5892 : Adopt Resolution for Preliminary Approval of the Engineer's Annual Levy Report regarding the Buena V) APN Situs Address Land Use EBU Max Assessment Charge
City of El Centro
Buena Vista Landscaping and Lighting Assessment
Preliminary Assessment Roll
Fiscal Year 2023/24
054-556-017-000 1078 MEADOWVIEW AVE SFR 1.00 201.67 115.36 054-556-018-000 1098 MEADOWVIEW AVE SFR 1.00 201.67 115.36 054-556-019-000 1102 MEADOWVIEW AVE SFR 1.00 201.67 115.36 054-556-020-000 1122 MEADOWVIEW AVE SFR 1.00 201.67 115.36 054-556-021-000 1140 MEADOWVIEW AVE SFR 1.00 201.67 115.36 054-556-022-000 1160 MEADOWVIEW AVE SFR 1.00 201.67 115.36 054-556-023-000 1178 MEADOWVIEW AVE SFR 1.00 201.67 115.36 054-556-024-000 1198 MEADOWVIEW AVE SFR 1.00 201.67 115.36 054-557-001-000 1199 MEADOWVIEW AVE SFR 1.00 201.67 115.36 054-557-002-000 1179 MEADOWVIEW AVE SFR 1.00 201.67 115.36 054-557-003-000 1161 MEADOWVIEW AVE SFR 1.00 201.67 115.36 054-557-004-000 1141 MEADOWVIEW AVE SFR 1.00 201.67 115.36 054-557-005-000 1123 MEADOWVIEW AVE SFR 1.00 201.67 115.36 054-557-006-000 1103 MEADOWVIEW AVE SFR 1.00 201.67 115.36 054-557-007-000 1099 MEADOWVIEW AVE SFR 1.00 201.67 115.36 054-557-008-000 1079 MEADOWVIEW AVE SFR 1.00 201.67 115.36 054-557-009-000 1061 MEADOWVIEW AVE SFR 1.00 201.67 115.36 054-557-010-000 1041 MEADOWVIEW AVE SFR 1.00 201.67 115.36 054-557-011-000 1023 MEADOWVIEW AVE SFR 1.00 201.67 115.36 054-557-012-000 1003 MEADOWVIEW AVE SFR 1.00 201.67 115.36 054-558-001-000 803 FIELDVIEW AVE SFR 1.00 201.67 115.36 054-558-002-000 835 FIELDVIEW AVE SFR 1.00 201.67 115.36 054-558-003-000 867 FIELDVIEW AVE SFR 1.00 201.67 115.36 054-558-004-000 899 FIELDVIEW AVE SFR 1.00 201.67 115.36 054-558-005-000 903 FIELDVIEW AVE SFR 1.00 201.67 115.36 054-558-006-000 957 FIELDVIEW AVE SFR 1.00 201.67 115.36 054-558-007-000 999 FIELDVIEW AVE SFR 1.00 201.67 115.36 054-558-008-000 998 MEADOWVIEW AVE SFR 1.00 201.67 115.36 054-558-009-000 956 MEADOWVIEW AVE SFR 1.00 201.67 115.36 054-558-010-000 902 MEADOWVIEW AVE SFR 1.00 201.67 115.36 054-558-011-000 898 MEADOWVIEW AVE SFR 1.00 201.67 115.36 054-558-012-000 856 MEADOWVIEW AVE SFR 1.00 201.67 115.36 054-558-013-000 802 MEADOWVIEW AVE SFR 1.00 201.67 115.36 054-558-014-000 803 MEADOWVIEW AVE SFR 1.00 201.67 115.36 054-558-015-000 857 MEADOWVIEW AVE SFR 1.00 201.67 115.36 054-558-016-000 899 MEADOWVIEW AVE SFR 1.00 201.67 115.36 054-558-017-000 903 MEADOWVIEW AVE SFR 1.00 201.67 115.36 054-558-018-000 957 MEADOWVIEW AVE SFR 1.00 201.67 115.36 054-558-019-000 999 MEADOWVIEW AVE SFR 1.00 201.67 115.36 054-559-001-000 1499 MANUEL ORTIZ AVE SFR 1.00 201.67 115.36 054-559-002-000 1479 MANUEL ORTIZ AVE SFR 1.00 201.67 115.36 054-559-003-000 1461 MANUEL ORTIZ AVE SFR 1.00 201.67 115.36 054-559-004-000 1441 MANUEL ORTIZ AVE SFR 1.00 201.67 115.36 054-559-005-000 1433 MANUEL ORTIZ AVE SFR 1.00 201.67 115.36 054-559-006-000 1403 MANUEL ORTIZ AVE SFR 1.00 201.67 115.36 054-559-007-000 1402 RIVERVIEW AVE SFR 1.00 201.67 115.36 054-559-008-000 1426 RIVERVIEW AVE SFR 1.00 201.67 115.36 054-559-009-000 1450 RIVERVIEW AVE SFR 1.00 201.67 115.36 054-559-010-000 1474 RIVERVIEW AVE SFR 1.00 201.67 115.36 054-559-011-000 1498 RIVERVIEW AVE SFR 1.00 201.67 115.36 054-559-012-000 1499 RIVERVIEW AVE SFR 1.00 201.67 115.36 054-559-013-000 1475 RIVERVIEW AVE SFR 1.00 201.67 115.36 054-559-014-000 1451 RIVERVIEW AVE SFR 1.00 201.67 115.36 054-559-015-000 1427 RIVERVIEW AVE SFR 1.00 201.67 115.36 054-559-016-000 1403 RIVERVIEW AVE SFR 1.00 201.67 115.36 054-559-017-000 1402 FIELDVIEW AVE SFR 1.00 201.67 115.36 054-559-018-000 1426 FIELDVIEW AVE SFR 1.00 201.67 115.36 054-559-019-000 1450 FIELDVIEW AVE SFR 1.00 201.67 115.36 054-559-020-000 1474 FIELDVIEW AVE SFR 1.00 201.67 115.36 054-559-021-000 1498 FIELDVIEW AVE SFR 1.00 201.67 115.36 054-559-022-000 1499 FIELDVIEW AVE SFR 1.00 201.67 115.36 054-559-023-000 1475 FIELDVIEW AVE SFR 1.00 201.67 115.36 Willdan Financial Services Page 4 of 8
12.b
Packet Pg. 340 Attachment: Buena Vista LL&D (5892 : Adopt Resolution for Preliminary Approval of the Engineer's Annual Levy Report regarding the Buena V) APN Situs Address Land Use EBU Max Assessment Charge
City of El Centro
Buena Vista Landscaping and Lighting Assessment
Preliminary Assessment Roll
Fiscal Year 2023/24
054-559-024-000 1451 FIELDVIEW AVE SFR 1.00 201.67 115.36 054-559-025-000 1427 FIELDVIEW AVE SFR 1.00 201.67 115.36 054-559-026-000 1403 FIELDVIEW AVE SFR 1.00 201.67 115.36 054-559-027-000 1402 MEADOWVIEW AVE SFR 1.00 201.67 115.36 054-559-028-000 1426 MEADOWVIEW AVE SFR 1.00 201.67 115.36 054-559-029-000 1450 MEADOWVIEW AVE SFR 1.00 201.67 115.36 054-559-030-000 1474 MEADOWVIEW AVE SFR 1.00 201.67 115.36 054-559-031-000 1498 MEADOWVIEW AVE SFR 1.00 201.67 115.36 054-559-032-000 1499 MEADOWVIEW AVE SFR 1.00 201.67 115.36 054-559-033-000 1473 MEADOWVIEW AVE SFR 1.00 201.67 115.36 054-559-034-000 1451 MEADOWVIEW AVE SFR 1.00 201.67 115.36 054-559-035-000 1427 MEADOWVIEW AVE SFR 1.00 201.67 115.36 054-559-036-000 1403 MEADOWVIEW AVE SFR 1.00 201.67 115.36 054-561-001-000 1498 VALLEYVIEW AVE SFR 1.00 201.67 115.36 054-561-002-000 1478 VALLEYVIEW AVE SFR 1.00 201.67 115.36 054-561-003-000 1462 VALLEYVIEW AVE SFR 1.00 201.67 115.36 054-561-004-000 1442 VALLEYVIEW AVE SFR 1.00 201.67 115.36 054-561-005-000 1422 VALLEYVIEW AVE SFR 1.00 201.67 115.36 054-561-006-000 1402 VALLEYVIEW AVE SFR 1.00 201.67 115.36 054-562-001-000 1398 VALLEYVIEW AVE SFR 1.00 201.67 115.36 054-562-002-000 1382 VALLEYVIEW AVE SFR 1.00 201.67 115.36 054-562-003-000 1364 VALLEYVIEW AVE SFR 1.00 201.67 115.36 054-562-004-000 1350 VALLEYVIEW AVE SFR 1.00 201.67 115.36 054-562-005-000 1334 VALLEYVIEW AVE SFR 1.00 201.67 115.36 054-562-006-000 1318 VALLEYVIEW AVE SFR 1.00 201.67 115.36 054-562-007-000 1302 VALLEYVIEW AVE SFR 1.00 201.67 115.36 054-562-008-000 1298 VALLEYVIEW AVE SFR 1.00 201.67 115.36 054-562-009-000 1282 VALLEYVIEW AVE SFR 1.00 201.67 115.36 054-562-010-000 1264 VALLEYVIEW AVE SFR 1.00 201.67 115.36 054-562-011-000 1250 VALLEYVIEW AVE SFR 1.00 201.67 115.36 054-562-012-000 1234 VALLEYVIEW AVE SFR 1.00 201.67 115.36 054-562-013-000 1218 VALLEYVIEW AVE SFR 1.00 201.67 115.36 054-562-014-000 1202 VALLEYVIEW AVE SFR 1.00 201.67 115.36 054-563-001-000 1198 VALLEYVIEW AVE SFR 1.00 201.67 115.36 054-563-002-000 1178 VALLEYVIEW AVE SFR 1.00 201.67 115.36 054-563-003-000 1160 VALLEYVIEW AVE SFR 1.00 201.67 115.36 054-563-004-000 1140 VALLEYVIEW AVE SFR 1.00 201.67 115.36 054-563-005-000 1122 VALLEYVIEW AVE SFR 1.00 201.67 115.36 054-563-006-000 1102 VALLEYVIEW AVE SFR 1.00 201.67 115.36 054-563-007-000 1098 VALLEYVIEW AVE SFR 1.00 201.67 115.36 054-563-008-000 1078 VALLEYVIEW AVE SFR 1.00 201.67 115.36 054-563-009-000 1060 VALLEYVIEW AVE SFR 1.00 201.67 115.36 054-563-010-000 1040 VALLEYVIEW AVE SFR 1.00 201.67 115.36 054-563-011-000 1022 VALLEYVIEW AVE SFR 1.00 201.67 115.36 054-563-012-000 1002 VALLEYVIEW AVE SFR 1.00 201.67 115.36 054-564-001-000 998 VALLEYVIEW AVE SFR 1.00 201.67 115.36 054-564-002-000 956 VALLEYVIEW AVE SFR 1.00 201.67 115.36 054-564-003-000 902 VALLEYVIEW AVE SFR 1.00 201.67 115.36 054-564-004-000 898 VALLEYVIEW AVE SFR 1.00 201.67 115.36 054-564-005-000 866 VALLEYVIEW AVE SFR 1.00 201.67 115.36 054-564-006-000 834 VALLEYVIEW AVE SFR 1.00 201.67 115.36 054-564-007-000 802 VALLEYVIEW AVE SFR 1.00 201.67 115.36 054-565-001-000 1199 VALLEYVIEW AVE SFR 1.00 201.67 115.36 054-565-002-000 1179 VALLEYVIEW AVE SFR 1.00 201.67 115.36 054-565-003-000 1161 VALLEYVIEW AVE SFR 1.00 201.67 115.36 054-565-004-000 1141 VALLEYVIEW AVE SFR 1.00 201.67 115.36 054-565-005-000 1123 VALLEYVIEW AVE SFR 1.00 201.67 115.36 054-565-006-000 1103 VALLEYVIEW AVE SFR 1.00 201.67 115.36 054-565-007-000 1099 VALLEYVIEW AVE SFR 1.00 201.67 115.36 054-565-008-000 1079 VALLEYVIEW AVE SFR 1.00 201.67 115.36 054-565-009-000 1061 VALLEYVIEW AVE SFR 1.00 201.67 115.36 054-565-010-000 1041 VALLEYVIEW AVE SFR 1.00 201.67 115.36 Willdan Financial Services Page 5 of 8
12.b
Packet Pg. 341 Attachment: Buena Vista LL&D (5892 : Adopt Resolution for Preliminary Approval of the Engineer's Annual Levy Report regarding the Buena V) APN Situs Address Land Use EBU Max Assessment Charge
City of El Centro
Buena Vista Landscaping and Lighting Assessment
Preliminary Assessment Roll
Fiscal Year 2023/24
054-565-011-000 1023 VALLEYVIEW AVE SFR 1.00 201.67 115.36 054-565-012-000 1003 VALLEYVIEW AVE SFR 1.00 201.67 115.36 054-565-013-000 1002 SKYVIEW AVE SFR 1.00 201.67 115.36 054-565-014-000 1022 SKYVIEW AVE SFR 1.00 201.67 115.36 054-565-015-000 1040 SKYVIEW AVE SFR 1.00 201.67 115.36 054-565-016-000 1060 SKYVIEW AVE SFR 1.00 201.67 115.36 054-565-017-000 1078 SKYVIEW AVE SFR 1.00 201.67 115.36 054-565-018-000 1098 SKYVIEW AVE SFR 1.00 201.67 115.36 054-565-019-000 2256 S MARINA DR SFR 1.00 201.67 115.36 054-565-020-000 1122 SKYVIEW AVE SFR 1.00 201.67 115.36 054-565-021-000 1140 SKYVIEW AVE SFR 1.00 201.67 115.36 054-565-022-000 1160 SKYVIEW AVE SFR 1.00 201.67 115.36 054-565-023-000 1178 SKYVIEW AVE SFR 1.00 201.67 115.36 054-565-024-000 1198 SKYVIEW AVE SFR 1.00 201.67 115.36 054-566-001-000 1199 SKYVIEW AVE SFR 1.00 201.67 115.36 054-566-002-000 1179 SKYVIEW AVE SFR 1.00 201.67 115.36 054-566-003-000 1161 SKYVIEW AVE SFR 1.00 201.67 115.36 054-566-004-000 1141 SKYVIEW AVE SFR 1.00 201.67 115.36 054-566-005-000 1123 SKYVIEW AVE SFR 1.00 201.67 115.36 054-566-006-000 1103 SKYVIEW AVE SFR 1.00 201.67 115.36 054-566-007-000 1099 SKYVIEW AVE SFR 1.00 201.67 115.36 054-566-008-000 1079 SKYVIEW AVE SFR 1.00 201.67 115.36 054-566-009-000 1061 SKYVIEW AVE SFR 1.00 201.67 115.36 054-566-010-000 1041 SKYVIEW AVE SFR 1.00 201.67 115.36 054-566-011-000 1023 SKYVIEW AVE SFR 1.00 201.67 115.36 054-566-012-000 1003 SKYVIEW AVE SFR 1.00 201.67 115.36 054-567-001-000 999 VALLEYVIEW AVE SFR 1.00 201.67 115.36 054-567-002-000 957 VALLEYVIEW AVE SFR 1.00 201.67 115.36 054-567-003-000 903 VALLEYVIEW AVE SFR 1.00 201.67 115.36 054-567-004-000 899 VALLEYVIEW AVE SFR 1.00 201.67 115.36 054-567-005-000 867 VALLEYVIEW AVE SFR 1.00 201.67 115.36 054-567-006-000 835 VALLEYVIEW AVE SFR 1.00 201.67 115.36 054-567-007-000 803 VALLEYVIEW AVE SFR 1.00 201.67 115.36 054-567-008-000 998 SKYVIEW AVE SFR 1.00 201.67 115.36
054-567-009-000 956 SKYVIEW AVE SFR 1.00 201.67 115.36
054-567-010-000 902 SKYVIEW AVE SFR 1.00 201.67 115.36
054-567-011-000 898 SKYVIEW AVE SFR 1.00 201.67 115.36
054-567-012-000 856 SKYVIEW AVE SFR 1.00 201.67 115.36
054-567-013-000 802 SKYVIEW AVE SFR 1.00 201.67 115.36
054-567-014-000 803 SKYVIEW AVE SFR 1.00 201.67 115.36
054-567-015-000 857 SKYVIEW AVE SFR 1.00 201.67 115.36
054-567-016-000 899 SKYVIEW AVE SFR 1.00 201.67 115.36
054-567-017-000 903 SKYVIEW AVE SFR 1.00 201.67 115.36
054-567-018-000 957 SKYVIEW AVE SFR 1.00 201.67 115.36
054-567-019-000 999 SKYVIEW AVE SFR 1.00 201.67 115.36
054-567-020-000 998 MOUNTAINVIEW AVE SFR 1.00 201.67 115.36 054-567-021-000 936 MOUNTAINVIEW AVE SFR 1.00 201.67 115.36 054-567-022-000 902 MOUNTAINVIEW AVE SFR 1.00 201.67 115.36 054-567-023-000 898 MOUNTAINVIEW AVE SFR 1.00 201.67 115.36 054-567-024-000 856 MOUNTAINVIEW AVE SFR 1.00 201.67 115.36 054-567-025-000 802 MOUNTAINVIEW AVE SFR 1.00 201.67 115.36 054-567-026-000 803 MOUNTAINVIEW AVE SFR 1.00 201.67 115.36 054-567-027-000 857 MOUNTAINVIEW AVE SFR 1.00 201.67 115.36 054-567-028-000 897 MOUNTAINVIEW AVE SFR 1.00 201.67 115.36 054-567-029-000 903 MOUNTAINVIEW AVE SFR 1.00 201.67 115.36 054-567-030-000 957 MOUNTAINVIEW AVE SFR 1.00 201.67 115.36 054-567-031-000 999 MOUNTAINVIEW AVE SFR 1.00 201.67 115.36 054-591-001-000 1198 MOUNTAINVIEW AVE SFR 1.00 201.67 115.36 054-591-002-000 1178 MOUNTAINVIEW AVE SFR 1.00 201.67 115.36 054-591-003-000 1160 MOUNTAINVIEW AVE SFR 1.00 201.67 115.36 054-591-004-000 1140 MOUNTAINVIEW AVE SFR 1.00 201.67 115.36 054-591-005-000 1122 MOUNTAINVIEW AVE SFR 1.00 201.67 115.36 Willdan Financial Services Page 6 of 8
12.b
Packet Pg. 342 Attachment: Buena Vista LL&D (5892 : Adopt Resolution for Preliminary Approval of the Engineer's Annual Levy Report regarding the Buena V) APN Situs Address Land Use EBU Max Assessment Charge
City of El Centro
Buena Vista Landscaping and Lighting Assessment
Preliminary Assessment Roll
Fiscal Year 2023/24
054-591-006-000 1102 MOUNTAINVIEW AVE SFR 1.00 201.67 115.36 054-591-007-000 1098 MOUNTAINVIEW AVE SFR 1.00 201.67 115.36 054-591-008-000 1078 MOUNTAINVIEW AVE SFR 1.00 201.67 115.36 054-591-009-000 1060 MOUNTAINVIEW AVE SFR 1.00 201.67 115.36 054-591-010-000 1040 MOUNTAINVIEW AVE SFR 1.00 201.67 115.36 054-591-011-000 1022 MOUNTAINVIEW AVE SFR 1.00 201.67 115.36 054-591-012-000 1002 MOUNTAINVIEW AVE SFR 1.00 201.67 115.36 054-592-001-000 1199 MOUNTAINVIEW AVE SFR 1.00 201.67 115.36 054-592-002-000 1179 MOUNTAINVIEW AVE SFR 1.00 201.67 115.36 054-592-003-000 1161 MOUNTAINVIEW AVE SFR 1.00 201.67 115.36 054-592-004-000 1141 MOUNTAINVIEW AVE SFR 1.00 201.67 115.36 054-592-005-000 1123 MOUNTAINVIEW AVE SFR 1.00 201.67 115.36 054-592-006-000 1103 MOUNTAINVIEW AVE SFR 1.00 201.67 115.36 054-592-007-000 1099 MOUNTAINVIEW AVE SFR 1.00 201.67 115.36 054-592-008-000 1079 MOUNTAINVIEW AVE SFR 1.00 201.67 115.36 054-592-009-000 1061 MOUNTAINVIEW AVE SFR 1.00 201.67 115.36 054-592-010-000 1041 MOUNTAINVIEW AVE SFR 1.00 201.67 115.36 054-592-011-000 1023 MOUNTAINVIEW AVE SFR 1.00 201.67 115.36 054-592-012-000 1003 MOUNTAINVIEW AVE SFR 1.00 201.67 115.36 054-592-013-000 1002 DESERTVIEW AVE SFR 1.00 201.67 115.36 054-592-014-000 1022 DESERTVIEW AVE SFR 1.00 201.67 115.36 054-592-015-000 1040 DESERTVIEW AVE SFR 1.00 201.67 115.36 054-592-016-000 1060 DESERTVIEW AVE SFR 1.00 201.67 115.36 054-592-017-000 1078 DESERTVIEW AVE SFR 1.00 201.67 115.36 054-592-018-000 1098 DESERTVIEW AVE SFR 1.00 201.67 115.36 054-592-019-000 1102 DESERTVIEW AVE SFR 1.00 201.67 115.36 054-592-020-000 1122 DESERTVIEW AVE SFR 1.00 201.67 115.36 054-592-021-000 1140 DESERTVIEW AVE SFR 1.00 201.67 115.36 054-592-022-000 1160 DESERTVIEW AVE SFR 1.00 201.67 115.36 054-592-023-000 1178 DESERTVIEW AVE SFR 1.00 201.67 115.36 054-592-024-000 1198 DESERTVIEW AVE SFR 1.00 201.67 115.36 054-593-001-000 998 DESERTVIEW AVE SFR 1.00 201.67 115.36 054-593-002-000 956 DESERTVIEW AVE SFR 1.00 201.67 115.36 054-593-003-000 902 DESERTVIEW AVE SFR 1.00 201.67 115.36 054-593-004-000 898 DESERTVIEW AVE SFR 1.00 201.67 115.36 054-593-005-000 856 DESERTVIEW AVE SFR 1.00 201.67 115.36 054-593-006-000 802 DESERTVIEW AVE SFR 1.00 201.67 115.36 054-593-007-000 803 DESERTVIEW AVE SFR 1.00 201.67 115.36 054-593-008-000 857 DESERTVIEW AVE SFR 1.00 201.67 115.36 054-593-009-000 899 DESERTVIEW AVE SFR 1.00 201.67 115.36 054-593-010-000 903 DESERTVIEW AVE SFR 1.00 201.67 115.36 054-593-011-000 957 DESERTVIEW AVE SFR 1.00 201.67 115.36 054-593-012-000 999 DESERTVIEW AVE SFR 1.00 201.67 115.36 054-593-013-000 998 PALMVIEW AVE SFR 1.00 201.67 115.36 054-593-014-000 956 PALMVIEW AVE SFR 1.00 201.67 115.36 054-593-015-000 902 PALMVIEW AVE SFR 1.00 201.67 115.36 054-593-016-000 898 PALMVIEW AVE SFR 1.00 201.67 115.36 054-593-017-000 866 PALMVIEW AVE SFR 1.00 201.67 115.36 054-593-018-000 834 PALMVIEW AVE SFR 1.00 201.67 115.36 054-593-019-000 802 PALMVIEW AVE SFR 1.00 201.67 115.36 054-594-001-000 1199 DESERTVIEW AVE SFR 1.00 201.67 115.36 054-594-002-000 1179 DESERTVIEW AVE SFR 1.00 201.67 115.36 054-594-003-000 1161 DESERTVIEW AVE SFR 1.00 201.67 115.36 054-594-004-000 1141 DESERTVIEW AVE SFR 1.00 201.67 115.36 054-594-005-000 1123 DESERTVIEW AVE SFR 1.00 201.67 115.36 054-594-006-000 1103 DESERTVIEW AVE SFR 1.00 201.67 115.36 054-594-007-000 1099 DESERTVIEW AVE SFR 1.00 201.67 115.36 054-594-008-000 1079 DESERTVIEW AVE SFR 1.00 201.67 115.36 054-594-009-000 1061 DESERTVIEW AVE SFR 1.00 201.67 115.36 054-594-010-000 1041 DESERTVIEW AVE SFR 1.00 201.67 115.36 054-594-011-000 1023 DESERTVIEW AVE SFR 1.00 201.67 115.36 054-594-012-000 1003 DESERTVIEW AVE SFR 1.00 201.67 115.36 Willdan Financial Services Page 7 of 8
12.b
Packet Pg. 343 Attachment: Buena Vista LL&D (5892 : Adopt Resolution for Preliminary Approval of the Engineer's Annual Levy Report regarding the Buena V) APN Situs Address Land Use EBU Max Assessment Charge
City of El Centro
Buena Vista Landscaping and Lighting Assessment
Preliminary Assessment Roll
Fiscal Year 2023/24
054-594-013-000 1002 PALMVIEW AVE SFR 1.00 201.67 115.36 054-594-014-000 1022 PALMVIEW AVE SFR 1.00 201.67 115.36 054-594-015-000 1040 PALMVIEW AVE SFR 1.00 201.67 115.36 054-594-016-000 1060 PALMVIEW AVE SFR 1.00 201.67 115.36 054-594-017-000 1078 PALMVIEW AVE SFR 1.00 201.67 115.36 054-594-018-000 1098 PALMVIEW AVE SFR 1.00 201.67 115.36 054-594-019-000 1102 PALMVIEW AVE SFR 1.00 201.67 115.36 054-594-020-000 1122 PALMVIEW AVE SFR 1.00 201.67 115.36 054-594-021-000 1140 PALMVIEW AVE SFR 1.00 201.67 115.36 054-594-022-000 1160 PALMVIEW AVE SFR 1.00 201.67 115.36 054-594-023-000 1178 PALMVIEW AVE SFR 1.00 201.67 115.36 054-594-024-000 1198 PALMVIEW AVE SFR 1.00 201.67 115.36 054-595-001-000 1199 PALMVIEW AVE SFR 1.00 201.67 115.36 054-595-002-000 1179 PALMVIEW AVE SFR 1.00 201.67 115.36 054-595-003-000 1161 PALMVIEW AVE SFR 1.00 201.67 115.36 054-595-004-000 1141 PALMVIEW AVE SFR 1.00 201.67 115.36 054-595-005-000 1123 PALMVIEW AVE SFR 1.00 201.67 115.36 054-595-006-000 1103 PALMVIEW AVE SFR 1.00 201.67 115.36 054-595-007-000 1099 PALMVIEW AVE SFR 1.00 201.67 115.36 054-595-008-000 1079 PALMVIEW AVE SFR 1.00 201.67 115.36 054-595-009-000 1061 PALMVIEW AVE SFR 1.00 201.67 115.36 054-595-010-000 1041 PALMVIEW AVE SFR 1.00 201.67 115.36 054-595-011-000 1023 PALMVIEW AVE SFR 1.00 201.67 115.36 054-595-012-000 1003 PALMVIEW AVE SFR 1.00 201.67 115.36 054-595-013-000 999 PALMVIEW AVE SFR 1.00 201.67 115.36 054-595-014-000 957 PALMVIEW AVE SFR 1.00 201.67 115.36 054-595-015-000 903 PALMVIEW AVE SFR 1.00 201.67 115.36 054-595-016-000 899 PALMVIEW AVE SFR 1.00 201.67 115.36 054-595-017-000 867 PALMVIEW AVE SFR 1.00 201.67 115.36 054-595-018-000 835 PALMVIEW AVE SFR 1.00 201.67 115.36 054-595-019-000 803 PALMVIEW AVE SFR 1.00 201.67 115.36 Total $93,778.50 $53,642.40
Total Parcels 465
Willdan Financial Services Page 8 of 8
12.b
Packet Pg. 344 Attachment: Buena Vista LL&D (5892 : Adopt Resolution for Preliminary Approval of the Engineer's Annual Levy Report regarding the Buena V) City Council of the City of El Centro Meeting: 04/18/23 11:30 AM 1275 Main Street Department: Finance
El Centro, CA 92243 Category: Resolution
Prepared By: Karla Chaparro
SCHEDULED Department Head: Karla Chaparro
RESOLUTION (ID # 5891) DOC ID: 5891
Adopt Resolution Declaring its Intention to Levy and Collect Annual Assessments related to the Buena Vista Landscaping & Lighting District
CITY MANAGER’S RECOMMENDATION:
Adopt Resolution No. 23- , 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 2023-2024
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 Buena Vista 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. 23- , 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 2023-2024 ATTACHMENTS:
• Buena Vista LLD - Intent Meeting - Intent Meeting 04 18 23 (PDF) 13 Packet Pg. 345
03/2023/cdz/A23-0044/Reso/ECBuenaVistaLLD
IntentiontoLevyandCollectAssmts 1
RESOLUTION NO. 23-
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 2023-2024
WHEREAS, the City Council of the City of El Centro, California (the “City” or 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 Buena Vista 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 2023-2024; 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 a report in connection with the District and levy of assessments for Fiscal Year 2023-2024 (beginning July 1, 2023 and ending June 30, 2024) 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 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 2023-2024. The territory included within the District is generally described in section 3 of this resolution and is designated as Buena Vista Landscaping and Lighting District.
3. That the boundaries of the District are located on the west side of Eighth Street, between McCabe Road and Interstate 8.
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 appurtenant facilities located within the streetscape (and perimeter landscaping) surrounding the developments. The street lighting improvements may include but are
13.a
Packet Pg. 346 Attachment: Buena Vista LLD - Intent Meeting - Intent Meeting 04 18 23 (5891 : Adopt Resolution of Intent for the Buena Vista Landscape & 03/2023/cdz/A23-0044/Reso/ECBuenaVistaLLD
IntentiontoLevyandCollectAssmts 2
not limited to electrical energy, lighting fixtures, poles, meters, conduits, electrical cable and associated appurtenant facilities. For specific improvements reference Fiscal Year 2023-2024 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 16, 2023 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 , 2023.
CITY OF EL CENTRO
By: ____________________________
Martha Cardenas-Singh, Mayor
ATTEST:
By: ___________________________
Norma Wyles, City Clerk
13.a
Packet Pg. 347 Attachment: Buena Vista LLD - Intent Meeting - Intent Meeting 04 18 23 (5891 : Adopt Resolution of Intent for the Buena Vista Landscape & 03/2023/cdz/A23-0044/Reso/ECBuenaVistaLLD
IntentiontoLevyandCollectAssmts 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. 23- 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 , 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
By ___________________________
Norma Wyles, City Clerk
13.a
Packet Pg. 348 Attachment: Buena Vista LLD - Intent Meeting - Intent Meeting 04 18 23 (5891 : Adopt Resolution of Intent for the Buena Vista Landscape & City Council of the City of El Centro Meeting: 04/18/23 11:30 AM 1275 Main Street Department: Finance
El Centro, CA 92243 Category: Resolution
Prepared By: Karla Chaparro
SCHEDULED Department Head: Karla Chaparro
RESOLUTION (ID # 5896) DOC ID: 5896
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 23- , 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 2023-2024; 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 23- , 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 2023-2024;
AND ORDERING THE PREPARATION OF AN ENGINEER'S REPORT IN
CONNECTION THEREWITH
ATTACHMENTS:
• Legacy Ranch LLD - Initiating Proceedings - 04-18-2023 (PDF) 14 Packet Pg. 349
03/2023/cdz/A23-0043/Reso/ECLegacyRanchLLD
InitiationLevyandCollectionofAssmts 1
RESOLUTION NO. 23-
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 2023-2024; 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” and “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 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, 2023, and ending June 30, 2024, 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 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,
14.a
Packet Pg. 350 Attachment: Legacy Ranch LLD - Initiating Proceedings - 04-18-2023 (5896 : Adopt Resolution to Initiate the Proceedings for the Levy and 03/2023/cdz/A23-0043/Reso/ECLegacyRanchLLD
InitiationLevyandCollectionofAssmts 2
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 2023-2024 commencing July 1, 2023, and ending June 30, 2024. Such Report shall refer to the District by its distinctive designation.