AGENDA
CITY OF EL CENTRO
CITY COUNCIL
TUESDAY, NOVEMBER 5, 2024
City Hall Regular Meeting 11:30 AM
REVISED
CITY HALL
COUNCIL CHAMBERS
1275 MAIN STREET
EL CENTRO, CA 92243
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 November 5, 2024.
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/4180375132?pwd=Rmo5UjZ1cWdyV1VoWUhSZWp6R0tVZz09&omn=87475003140 Optional dial-in number: 1 (669) 444-9171
Meeting ID: 418 037 5132 Passcode: 5iHJYM
Public comments via zoom are subject to the same time limits as those in person.
Mayor and Council Members may be reached at (760) 336-8989 Mayor:
Interim Mayor Pro-tem:
Council Members:
Sylvia Marroquin
Martha Cardenas-Singh
Tomás Oliva
Sonia Carter
Edgard Garcia
City Manager: Cedric Ceseña
City Attorney: Elizabeth Martyn Evans
City Clerk: Norma Wyles
11:30 AM CLOSED SESSION - CONFERENCE ROOM "A":
ROLL CALL (Open Session)
CLOSED SESSION COMMENT:
Any member of the public wishing to address the City Council on any matter appearing on the closed session agenda may do so at this time. Unless the Mayor extends the time limit, remarks shall be limited to three (3) minutes. Additional opportunities for Public Comments will be given during and at the end of the meeting.
CITY COUNCIL ADJOURNS INTO CLOSED SESSION:
CITY COUNCIL CLOSED SESSION:
PUBLIC EMPLOYEE APPOINTMENT - pursuant to Govt. Code Section 54957 Position Title: Interim City Manager
CONFERENCE WITH LABOR NEGOTIATOR - pursuant to Govt. Code Section 54957.6 Agency representatives: City Manager or Interim City Manager; Dulce Bedlolla, Human Resources Director and Patrick Clark, Consultant
Negotiating with: All bargaining units and unrepresented employees Under negotiation: Salaries and fringe benefits
CONFERENCE WITH REAL PROPERTY NEGOTIATORS - pursuant to Govt. Code Section 54956.8 Property: Portion of the Old Library space
Agency negotiator: Abraham Campos, Public Works Director Negotiating Party: ICOE
Under Negotiations: Price and Terms
CONFERENCE WITH LEGAL COUNSEL - Anticipated Litigation by the City pursuant to Govt. Code Section 54956.9(d)(4).
CLOSED SESSION PURSUANT TO GOVT. CODE SECTION 54956.9(d)(2) - claims by John Seaman
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. However, you may not show a visual presentation without review of that material. If you do so, you will be considered out of order.
* Any information provided on the “Speaker Slip” is voluntary and will be public record RECONVENE FOR OPEN SESSION 6:00 P.M.
6:00 PM OPEN SESSION
ALL TIMES ARE APPROXIMATE AND MAY VARY:
CALL TO ORDER:
ROLL CALL BY CITY CLERK:
PLEDGE OF ALLEGIANCE:
INVOCATION:
6:05-6:10 PM CITY ATTORNEY REPORT ON CLOSED SESSION:
6:10-6:15 PM (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 so 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. 6:15-6:20 PM PRESENTATIONS AND ANNOUNCEMENTS BY MAYOR:
1. Proclamation - National Law Enforcement Records and Support Personnel Appreciation Week, November 11-15, 2024
6:20-6:25 PM CONSENT AGENDA (ITEMS 2-8 ):
2. 2nd Reading and Adoption of Ordinance No. 24-04, AN UNCODIFIED ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF EL CENTRO APPROVING THE SECOND RENEWAL OF ORDINANCE NO. 22-06 REGARDING THE CONTINUING USE OF
ANNUAL MILITARY EQUIPMENT PURSUANT TO THE POLICY OF THE EL CENTRO POLICE DEPARTMENT, waive reading and adopt by title only.
3. Approval of City Council Minutes of October 15, 2024, October 28, 2024, and October 29, 2024.
4. Adopt Resolution No. 24- , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EL CENTRO APPROVING A VENDOR AGREEMENT WITH VESTIS SERVICES, LLC FOR UNIFORM RENTAL AND LAUNDRY SERVICES.
5. Adopt Resolution. 24- , RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE EL
CENTRO POLICE DEPARTMENT TO PARTICIPATE IN THE BUREAU OF JUSTICE
ASSISTANCE PATRICK LEAHY BULLETPROOF VEST PARTNERSHIP GRANT PROGRAM.
6. Approval of Plans and Specifications for the Wastewater Treatment Plant UV Disinfection Improvements.
7. Granting of an Easement to the Imperial Irrigation District at the City of El Centro Police Station.
8. Adopt Resolution. 24- , RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE EL
CENTRO POLICE DEPARTMENT TO PARTICIPATE IN THE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL GRANT PROGRAM.
6:25-6:45 PM NEW BUSINESS:
9. Community Sponsorship - Soroptimist International of El Centro Presentation: Cedric Cesena, City Manager
Recommendation:
Discussion and any necessary action regarding the community sponsorship request
10. Ratify Letter of Support - Workforce Accelerator Grant Project in Imperial Valley Presentation: Cedric Cesena, City Manager
Recommendation:
Ratify letter of support request received from the Institute of Local Government for the Workforce Accelerator Grant Project in the Imperial Valley 6:45-6:55 PM DEPARTMENT PRESENTATIONS:
11. Library Department Presentation
LEGISLATIVE ACTION:
INFORMATIONAL ITEMS:
12. Received and referred to Community Development Department, Application for Alcoholic Beverage License Patriot Gas Inc. 2420 S. 4TH St El Centro, CA 92243-6003
13. Old City Library Electrical Emergency Repairs
6:55-7:30 PM TASK FORCE REPORTS AND MAYOR - COUNCIL MEMBER REPORTS:
7:30-7:40 PM 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
1275 W. Main Street
El Centro, CA 92243
SUBMITTED
ACTION ITEM (ID # 2024-209)
Item: 1.
Meeting: 11/5/2024 11:30 AM
Department:
Category: Presentation
Prepared by: Cindy De Zilwa,
Management Assistant
Department Head: Sylvia Marroquin
DOC ID: 2024-209
Proclamation - National Law Enforcement Records and Support Personnel Appreciation Week, November 11-15, 2024
CITY MANAGER'S RECOMMENDATION:
N/A
FISCAL IMPACT:
N/A
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTOR'S LICENSE, REFERENCE CHECKES, INSURANCE, ETC.:
N/A
BACKGROUND:
N/A
DISCUSSION:
N/A
CONCLUSION:
N/A
ATTACHMENTS:
None
City Council of the City of El Centro
1275 W. Main Street
El Centro, CA 92243
SUBMITTED
ACTION ITEM (ID # 2024-169)
Item: 2.
Meeting: 11/5/2024 11:30 AM
Department:
Category: Action Item
Prepared by: Norma Wyles, City Clerk
Department Head:
DOC ID: 2024-169
2nd Reading and Adoption of Ordinance No. 24-04, AN UNCODIFIED ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF EL CENTRO APPROVING THE SECOND RENEWAL OF ORDINANCE NO. 22-06 REGARDING THE CONTINUING USE OF
ANNUAL MILITARY EQUIPMENT PURSUANT TO THE POLICY OF THE EL CENTRO POLICE DEPARTMENT, waive reading and adopt by title only.
CITY MANAGER'S RECOMMENDATION:
2nd Reading and Adoption of Ordinance No. 24-04, AN UNCODIFIED ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF EL CENTRO APPROVING THE SECOND RENEWAL OF ORDINANCE NO. 22-06 REGARDING THE CONTINUING USE OF
ANNUAL MILITARY EQUIPMENT PURSUANT TO THE POLICY OF THE EL CENTRO POLICE DEPARTMENT, waive reading and adopt by title only.
FISCAL IMPACT:
N/A
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTOR'S LICENSE, REFERENCE CHECKES, INSURANCE, ETC.:
N/A
BACKGROUND:
N/A
DISCUSSION:
N/A
CONCLUSION:
N/A
ATTACHMENTS:
1. Ordinance MIlitary Equipment
10/2024/cdz/A24-0168/Ord/MilitaryEquipment
ORDINANCE NO. 24-04
AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF EL CENTRO APPROVING THE SECOND RENEWAL OF ORD. NO 22-06
REGARDING THE CONTINUING USE OF
ANNUAL MILITARY EQUIPMENT PURSUANT TO THE POLICY
OF THE EL CENTRO POLICE DEPARTMENT
SECTION 1. Findings. The City Council of the City of El Centro finds as follows:
A. Ordinance No. 22-06 made certain findings and adopted the Police Department’s military use Policy, as currently posted on the Police Department website as required by AB 481 (Govt. Code Sections 7070-7075) regarding the use of certain military equipment (as defined in those Sections) by law enforcement agencies.
B. Assembly Bill 481 allows the City Council to approve the funding, acquisition, or use of military equipment and a Police Department Policy (the “Policy”) for such use within the City upon making specified findings at a duly noticed public hearing; C. At an open session held on April 19, 2022, during a regular City Council meeting conducted pursuant to the Ralph M. Brown Act, the City Council considered the presentation of the Police Department and any public testimony and based upon thereon, the City Council found as follows and reviewed and approved the Policy:
a The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; and
b The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties; and c If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety; and
d Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance; and
D. After adoption of Ordinance 22-6, for the Police Department to continue to possess and use the identified military equipment, the Police Department must provide an annual report which regarding the use of the identified military equipment. There has been no change in the type of military equipment possessed or used by the Police Department.
10/2024/cdz/A24-0168/Ord/MilitaryEquipment
E. Annual Report. Govt. Code Section 7072(a) requires a law enforcement agency that receives approval for a submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use.
F. The annual military equipment report shall include the following information for the immediately preceding calendar year for each type of military equipment:
(1) A summary of how the military equipment was used and the purpose of its use.
(2) A summary of any complaints or concerns received concerning the military equipment.
(3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. (4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
(5) The quantity possessed for each type of military equipment. (6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
G. The Police Department now has prepared that annual report, attached and incorporated as Exhibit 1.
H. Posting: State law also requires that the Police Department make such annual military equipment report required by this section publicly available on its internet website for as long as the military equipment is available for use.
H. Public Meeting: Govt. Code Section 7072(b further requires that within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the law enforcement agency shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency’s funding, acquisition, or use of military equipment.
The Police Department released the military report on September 27, 2024 and conducted the noticed community engagement meeting for October 2, 2024 to be located at 1275 Main St. El Centro, CA.
10/2024/cdz/A24-0168/Ord/MilitaryEquipment
SECTION 2. The City Council of the City of El Centro does ordain as follows:
A. The Findings set out above are true and correct and adopted.
B. The City Council of the City of El Centro hereby approves and adopts the annual military report attached and incorporated as Exhibit 1.
C. Ordinance 22-06 is renewed in its entirety as revised by this ordinance No. 24- SECTION 3. Term: This ordinance shall take effect 30 calendar days from the date of its adoption and shall be renewed as provided by state law.
SECTION 4.
INTRODUCED at a regular meeting of the City Council of the City of El Centro, California, held on the 15th day of October, 2024.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of El Centro, California held on day of , 2024.
CITY OF EL CENTRO
By __________________________
Sylvia Marroquin, 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 forgoing Ordinance No. 24-04 had its first reading on the 15th day of October, 2024, and had its second reading on day of , 2024, and was passed by the following vote:
10/2024/cdz/A24-0168/Ord/MilitaryEquipment
AYES: Cardenas-Singh, Oliva, Marroquin, Garcia
NOES: None
ABSENT: Carter
ABSTAINED: None
AYES:
NOES:
ABSENT:
ABSTAINED:
By__________________________
Norma Wyles, City Clerk
City Council of the City of El Centro
1275 W. Main Street
El Centro, CA 92243
SUBMITTED
ACTION ITEM (ID # 2024-174)
Item: 3.
Meeting: 11/5/2024 11:30 AM
Department:
Category: Action Item
Prepared by: Norma Wyles, City Clerk
Department Head: Norma Wyles
DOC ID: 2024-174
Approval of City Council Minutes of October 15, 2024, October 28, 2024, and October 29, 2024.
CITY MANAGER'S RECOMMENDATION:
Approve the City Council meeting minutes of October 15, 2024, October 28, 2024, and October 29, 2024.
FISCAL IMPACT:
N/A
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTOR'S LICENSE, REFERENCE CHECKES, INSURANCE, ETC.:
N/A
BACKGROUND:
N/A
DISCUSSION:
N/A
CONCLUSION:
N/A
ATTACHMENTS:
1. 10-15-2024 Regular CC Minutes
2. 10-28-2024 Special Joint Meeting CC Minutes
3. 10-29-2024 Special Meeting CC Minutes
Book 37
REGULAR MEETING
EL CENTRO CITY COUNCIL
CITY HALL, COUNCIL CHAMBERS
1275 MAIN STREET, EL CENTRO, CA
TUESDAY, OCTOBER 15, 2024, 11:30 A.M.
The El Centro City Council met in a regular session on Tuesday, October 15, 2024 at 11:33 a.m. in Conference Room A, El Centro City Hall, 1275 W. Main Street, El Centro, California for the purpose of closed session.
PRESENT: Council: Cardenas-Singh, Oliva, Marroquin, Garcia, Carter City Clerk Wyles, City Manager Cesena, City Attorney Martyn Evans
CLOSED SESSION PUBLIC COMMENT
None
CITY COUNCIL CLOSED SESSION
Moved by Cardenas-Singh, second by Carter, to adjourn into closed session for:
ANTICIPATED LITIGATION
Closed Session pursuant to Govt. Code Section 54956.9(d)(2) – possible litigation against the City- 1 case
LABOR RELATIONS NEGOTIATIONS
Closed Session pursuant to Govt. Code Section 54957 – Public Employment – Interim City Manager Motion unanimously carried.
Closed Session concluded at 1:35 p.m. with all members present.
City Council Reconvened at 6:00 p.m. for Open Session.
OPEN SESSION
The El Centro City Council met in a regular session on Tuesday, October 15, 2024 at 6:03 p.m. in Council Chambers, El Centro City Hall, 1275 Main Street, El Centro, California.
PRESENT: Council: Cardenas-Singh, Oliva, Marroquin, Garcia City Clerk Wyles, City Manager Ceseña, City Attorney Martyn Evans ABSENT: Council: Carter (Excused)
Pledge of Allegiance to the flag of the United States of America was led by Council Member Garcia and Invocation was given by Council Member Oliva.
CITY ATTORNEY REORT ON CLOSED SESSION:
None
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PUBLIC COMMENTS
None
PRESENTATIONS AND ANNOUNCEMENTS BY MAYOR
1. Proclamation for National Community Planning Month, October 2024, received by Angel Hernandez, Community Development Director.
2. Proclamation for Code Enforcement Officer Appreciation Week of October 7-11, 2024, received by Angel Hernandez, Community Development Director.
3. Presentation by Sabrina Barber, Assistant Manager, Imperial Irrigation District regarding Public Power Week with Double Incentive Energy Efficiency Rebate Promotion.
CONSENT AGENDA (ITEMS 4-8)
Moved by Cardenas-Singh, second by Garcia, approving consent items (# 4-8).
4. Approval of warrant registers for the month of September 2024.
5. Approval of payroll registers for the month of September 2024.
6. Approval of treasurer’s report for the month of September 2024.
7. Approval of City Council minutes of October 1, 2024 and October 3, 2024.
8. Approval of the Local Transportation Five Year Expenditure Plan FY25 to FY29.
9. * See below.
AYES: Cardenas-Singh, Oliva, Marroquin, Garcia
NOES: None
ABSENT: Carter
ABSTAINED: None
*ITEM #9 WAS PULLED AND ADDED TO NEW BUSINESS AS ITEM #12A Items #20 was taken out of order*
DEPARTMENT REPORT
20. Public Works department update by Abraham Campos, Public Works Director/City Engineer.
PUBLIC HEARINGS:
10. This was the date and time set for a public hearing to consider the recommendation of the Planning Commission regarding the approval of the Final Mitigated Negative Declaration No. 22-03 for General Plan Amendment 22-03 and CR&R Waste Transfer Station Project. Presentation by Angel Hernandez, Community Development Director.
Book 37
Mayor Marroquin declared the public hearings opened and asked if anyone wished to speak in favor or opposition to come forward. A comment was received by Dr. Ray Sanie, via email. The public comment was read by Mayor Marroquin and addressed by Mr. Hernandez. Mayor Marroquin closed the public hearing after no other comments were received and brought back to Council. Council Member Oliva asked if there will be spillages and excessive smells coming from this location. Mr.
Hernandez explained that this station will only be used to wash vehicles inside the facility. CR&R representative explained that this station will be used to transfer material from one vessel into another vessel. It will be an opened building in order for vehicle to come in and out.
Moved by Cardenas-Singh, second by Garcia, adoption of Resolution No. 24-75, RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF EL CENTRO ADOPTING MITIGATED NEGATIVE
DECLARATION WITH MITIGATION MONITORING & REPORTING PROGRAM FOR PROJECT: CR&R Waste Transfer Facility General Plan Amendment 22-03, consisting of approximately 8.95 acres of land, located approximately 1,125 linear feet east of the southeast corner of Dogwood Avenue and Ross Avenue.
AYES: Cardenas-Singh, Oliva, Marroquin, Garcia
NOES: None
ABSENT: Carter
ABSTAINED: None
11. This was the date and time set for a public hearing to consider the recommendation of the Planning Commission regarding the approval General Plan Amendment 22-03 for the CR&R Waste Transfer Station. Presentation by Angel Hernandez, Community Development Director.
Moved by Oliva, second by Cardenas-Singh, adoption of Resolution No. 24-76, RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF EL CENTRO APPROVING GENERAL PLAN AMENDMENT 22-03 CHANGING THE LAND USE DESIGNATION FROM GENERAL COMMERCIAL TO GENERAL INDUSTRIAL FOR PROPERTY LOCATED 1,125 LINEAR FEET
EAST OF THE SOUTHEAST CORNER OF DOGWOOD AVENUE AND ROSS AVENUE, AND
DECLARING SAME TO BE FIRST GENERAL PLAN AMENDMENT FOR CALENDAR YEAR 2024.
AYES: Cardenas-Singh, Oliva, Marroquin, Garcia
NOES: None
ABSENT: Carter
ABSTAINED: None
NEW BUSINESS
12. Presentation by Elizabeth Fuchen, Interim Finance Director, Reallocation of the America Rescue Plan Expenditures.
Motion by Cardenas-Singh, second by Garcia, approval of the proposed reallocation of previously approved ARPA expenditures.
AYES: Cardenas-Singh, Oliva, Marroquin, Garcia
NOES: None
ABSENT: Carter
ABSTAINED: None
Book 37
12a. Moved by Cardenas-Singh, Second by Marroquin, appointment of Interim Finance Director, contract with Andy Heath. Council member Oliva asked that this agreement have a salary cap to the salary as what is listed for the finance director and without benefits.
AYES: Cardenas-Singh, Oliva, Marroquin, Garcia
NOES: None
ABSENT: Carter
ABSTAINED: None
13. Moved by Garcia, second by Oliva, approval of Ordinance No. 24-04, AN UNCODIFIED
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL CENTRO APPROVING THE SECOND RENEWAL OF ORDINANCE NO. 22-06 REGARDING THE CONTINUING USE OF
MILITARY EQUIPMENT PURSUANT TO THE POLICY OF THE EL CENTRO POLICE DEPARTMENT, waive reading and approve first reading and authorize the City Clerk to place on the next agenda for second reading and adoption.
AYES: Cardenas-Singh, Oliva, Marroquin, Garcia
NOES: None
ABSENT: Carter
ABSTAINED: None
14. Moved by Oliva, second by Cardenas-Singh, adoption of Resolution No. 24-77, RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF EL CENTRO ACCEPTING GRANT FUNDS
ALLOCATED TO THE CITIZENS OPTION FOR PUBLIC SAFETY PROGRAM FUNDED FOR FY 2022-2023 THROUGH THE STATE OF CALIFORNIA LOCAL SAFETY AND PROTECTION ACCOUNT.
AYES: Cardenas-Singh, Oliva, Marroquin, Garcia
NOES: None
ABSENT: Carter
ABSTAINED: None
15. Moved by Oliva, second by Garcia, approval of a community sponsorship for the Central Union High School Varsity Cheerleading Team in the amount of $500.00.
AYES: Cardenas-Singh, Oliva, Marroquin, Garcia
NOES: None
ABSENT: Carter
ABSTAINED: None
16. Moved by Marroquin, second by Oliva, approval of a community sponsorship for Dancing for a Dream Foundation in the amount of $950.00.
AYES: Cardenas-Singh, Oliva, Marroquin, Garcia
NOES: None
ABSENT: Carter
ABSTAINED: None
Book 37
17. Moved by Marroquin, second by Cardenas-Singh, approval to ratify a Letter of Support for Working Hands Program T-Mobile Hometown Grants.
AYES: Cardenas-Singh, Oliva, Marroquin, Garcia
NOES: None
ABSENT: Carter
ABSTAINED: None
18. Moved by Oliva, second by Marroquin, approval to ratify a Letter of Support for Cal Recycle Beverage Container Recycling Grant Program.
AYES: Cardenas-Singh, Oliva, Marroquin, Garcia
NOES: None
ABSENT: Carter
ABSTAINED: None
19. Delegate for Upcoming National League of Cities (NLC) Annual Business Meeting.
Item was deferred to the November 19, 2024 City Council Meeting.
DEPARTMENT REPORT
*20. Moved up by Mayor Marroquin.
LEGISLATIVE
None
INFORMATION ITEM
21. Received and referred to Community Development Department, Application for Alcoholic Beverage License, Poke & Noodle, 799 Danenberg Dr., El Centro, CA 92243-8509.
22. Received and referred to Community Development Department, Application for Alcoholic Beverage License, Shooters Sport Bar, 467 W. Main St., El Centro, CA 92243-3006.
23. Received Old City Library Electrical Emergency Repairs report.
TASK FORCE AND MAYOR & COUNCIL MEMBERS REPORTS
Mayor and Council Members reported on their activities since last City Council meeting and upcoming events.
CITY MANAGER REPORT
Reported on activities.
ADJOURNMENT
With no further business, the meeting was adjourned at 8:07 p.m. __________________________
Norma Wyles, City Clerk
APPROVED BY:
________________________________
Sylvia Marroquin, Mayor
Book 37
JOINT SPECIAL MEETING
EL CENTRO CITY COUNCIL
EL CENTRO REGIONAL MEDICAL CENTER
1249 MAIN STREET, EL CENTRO, CA
MONDAY, OCTOBER 28, 2024, 5:00 P.M.
The El Centro City Council met in special joint session with El Centro Regional Medical Center, Board of Trustees, on Monday, October 28, 2024 at 5:01 p.m. in RDA Conference Room, 1249 Main Street, El Centro, California, for closed session meeting.
PRESENT: Council: Cardenas-Singh, Oliva, Marroquin, Garcia, Carter City Clerk Wyles, City Manager Ceseña, City Attorney Martyn Evans ALSO PRESENT: Hospital Board of Trustees Representation:
Board President Oliva, Vice Board President Marroquin, Trustees Cardenas-Singh, Garcia, Carter, Maysent, Tomaszewski; and Executive Board Secretary Belen Gonzalez.
Hospital Administrative Staff: Luis Castro, COO, Suzanne Martinez, CNO, David Momberg, CFO, Kimberly Probus, Dr. Seung Gwon, Veronica Marsich, Douglas Habib, Matt Nilsen, Hayes Herd, Dr. Sunny Richley
Pledge of Allegiance was led by Board President Tomás Oliva.
PUBLIC COMMENTS:
No public comments received.
CITY COUNCIL CLOSED SESSION:
CLOSED SESSION WITH LEGAL COUNSEL
Closed session with legal counsel pursuant to Govt. Code §54956.9(d) – Potential Litigation by the City
TRADE SECRETS
The City Council will recess to a joint closed session with the ECRMC Board pursuant to Govt. Code Sections 37606.1(b) for the purpose of discussion and/or deliberation of reports involving hospital trade secret(s) as defined in subdivision (d) of Section 3426.1 of the Civil Code and which are necessary, and would, if prematurely disclosed, would create a substantial probability of depriving the hospital of substantial economic benefit:
Discussion of: Number of Items:
X hospital service; 1
X program: 1 _
X hospital Facility 1
City Council joint meeting recessed at 5:46 pm and reconvened at 7:01 pm with all Council Members present.
Book 37
ADJOURNMENT
With no further business to come before City Council, Mayor Marroquin adjourned the meeting at 7:54 p.m.
__________________________________
Norma Wyles, City Clerk
APPROVED BY:
_____________________________
Sylvia Marroquin, Mayor
Book 37
SPECIAL CITY COUNCIL MEETING
EL CENTRO CITY COUNCIL
EL CENTRO LIBRARY
1198 N. IMPERIAL AVENUE, EL CENTRO, CA
TUESDAY, OCTOBER 29, 2024, 6:00 P.M.
OPEN SESSION
The El Centro City Council met in a special session on Tuesday, October 29, 2024 at 6:17 p.m. in the El Centro Library, El Centro, California.
PRESENT: Council: Cardenas-Singh, Oliva, Marroquin, Garcia, Carter City Clerk Wyles, City Manager Ceseña, City Attorney Martyn Evans Pledge of Allegiance to the flag of the United States of America was led by Interim Pro-Tem Cardenas-Singh and Invocation was given by Deacon Domingo.
PUBLIC COMMENTS:
No public comments were received.
SPECIAL PRESENTATION AND ANNOUNCEMENTS BY MAYOR:
1. State of the Chamber was presented by Sher Cowie, Board President.
2. State of the City was presented by Mayor Sylvia Marroquin.
ADJOURNMENT
With no further business, the meeting was adjourned at 6:50 p.m. __________________________
Norma Wyles, City Clerk
APPROVED BY:
________________________________
Sylvia Marroquin, Mayor
City Council of the City of El Centro
1275 W. Main Street
El Centro, CA 92243
SUBMITTED
ACTION ITEM (ID # 2024-185)
Item: 4.
Meeting: 11/5/2024 11:30 AM
Department:
Category: Resolution
Prepared by: Catherine Gutierrez,
P.W. Analyst
Department Head: Abraham Campos
DOC ID: 2024-185
Adopt Resolution No. 24- , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EL CENTRO APPROVING A VENDOR AGREEMENT WITH VESTIS SERVICES, LLC FOR UNIFORM RENTAL AND LAUNDRY SERVICES.
CITY MANAGER'S RECOMMENDATION:
Adopt Resolution No. 24- , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EL CENTRO APPROVING A VENDOR AGREEMENT WITH VESTIS SERVICES, LLC FOR UNIFORM RENTAL AND LAUNDRY SERVICES.
FISCAL IMPACT:
This contract replaces an existing contract that serves both the Community Services Department and the Public Works Department, for a total of 10 divisions.
The funding for this contract is a combination of the General Fund, Water Enterprise Fund, and Wastewater Enterprise Fund. In the prior year, a total of $45,563.25 was expended; as such, it is expected that the annual contract cost will be just under $50,000 per year during the life of the contract.
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
Environmental Sustainability & Infrastructure
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTOR'S LICENSE, REFERENCE CHECKES, INSURANCE, ETC.:
Vendor is the existing provider of uniforms and laundry services for the city. Staff has verified the vendor's State License which is current and in good standing. Business license and insurance will be obtained prior to notice to proceed being issued.
BACKGROUND:
City Public Works and Community Services staff have been operating on the same uniform rental and laundry service contract awarded to Aramark Uniform Services, LLC by Resolution No. 19-79.
The agreement term was for a period of 2 years and was extended for 3 additional oneyear terms and is now reaching its expiration.
DISCUSSION:
City staff released a request for proposals on July 10, 2024.
One proposal was received from Vestis Services, LLC, formerly known as Aramark Uniform Services, LLC on August 23, 2024.
City staff performed an evaluation of the proposal and recommends to award the agreement to Vestis.
CONCLUSION:
Adopt Resolution No. 24- , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EL CENTRO APPROVING A VENDOR AGREEMENT WITH VESTIS SERVICES, LLC FOR UNIFORM RENTAL AND LAUNDRY SERVICES.
ATTACHMENTS:
1. Resolution 00077793
2. Vendor Agreement 00077544 REV 102824 Clean Copy_Redacted
09/2024/cdz/A24-0153/Reso/VestisGroupUniformRental
LaundrySrvs 1
RESOLUTION NO. 24-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL
CENTRO APPROVING A VENDOR AGREEMENT WITH VESTIS
SERVICES, LLC FOR UNIFORM RENTAL AND LAUNDRY
SERVICES
WHEREAS, the City of El Centro (the “City”) entered into an Agreement for Uniform Rental and Laundry Services with Aramark Uniform Services for uniform rental and laundry services under Resolution No. 19-79; and
WHEREAS, Aramark Uniform Services is now Vestis Services, LLC (the “Vendor”); and WHEREAS, the agreement approved by Resolution No. 19-79 is reaching its expiration; and
WHEREAS, City staff released a request for proposals for uniform rental and laundry services for multiple City departments; and
WHEREAS, on August 23, 2024, one proposal was received from Vestis Services, LLC; and
WHEREAS, staff has reviewed the proposal and recommends to award the agreement to Vestis Services, LLC; and
WHEREAS, it is necessary for the City Council of the City of El Centro, California to approve an Agreement with the Vendor for uniform rental and laundry services; and WHEREAS, the City Council finds that its approval of the purchase is in the best interest of the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
1. That the foregoing is true, correct and adopted.
2. That the City Council does hereby approve the Agreement.
3. That the City Manager is hereby authorized to sign the Agreement on behalf of the City, a copy of which is on file in the Office of the City Clerk and to take any and all necessary action to implement the provisions of this Resolution.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of El Centro, California held on the day of , 2024.
09/2024/cdz/A24-0153/Reso/VestisGroupUniformRental
LaundrySrvs 2
CITY OF EL CENTRO
By __________________________
Sylvia Marroquin, 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 forgoing Resolution No. 24- 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 , 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
By _________________________
Norma Wyles, City Clerk
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CPIA Resource
VENDOR AGREEMENT
This Vendor Agreement (“Agreement”) is made and effective as of the last signature date below (the “Effective Date”), by and between the City of El Centro (“City”), a municipal corporation and charter city, and Vestis Services, LLC (“Vendor”) a Delaware limited liability corporation in good standing to do business in California. Each is a party and together they are the parties.
RECITALS
A. City has conducted a request for proposal to identify an experienced and qualified vendor to provide uniform and laundry services; and B. Vendor was the successful proposer; and
C. Vestis Services LLC was formerly known as Aramark, the previous provider of such services.
D. City and Vendor now enter into this Agreement to confirm the provisions of such services on the term and conditions set out herein.
AGREEMENT
I. SERVICES
Vendor will provide the work and services listed in Exhibit A, attached and incorporated (the “Scope of Services”). Vendor warrants that all work and services set forth in the Scope of Services will be performed in a competent, professional, and satisfactory manner.
II. TERM
Unless terminated earlier as provided herein below, the Agreement will continue in full force and effect from the Effective Date for a three-year period. Upon mutual written agreement, the term of this Agreement can be extended for an additional two-year period as the parties agree. All days set out herein are calendar days unless otherwise provided.
III. COMPENSATION
A. Vendor’s Fee
For services rendered pursuant to this Agreement, Vendor will be paid in accordance with the Compensation Schedule attached hereto and incorporated as Exhibit B. Should this Agreement be renewed, the Vendor’s fee may be adjusted upon the written agreement of the parties.
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B. Schedule of Payment
Provided the Vendor is not in default under the terms of this Agreement, upon presentation of an invoice, Vendor will be paid the fees described as provided in Exhibit B. Payment on undisputed items will be due within 45 days after the date of the invoice.
IV. TERMINATION OF AGREEMENT
A. City may, at any time, for any reason, with or without cause, terminate this Agreement, or any portion hereof, by serving written notice of termination upon the Vendor at least ten (10) days prior to the date of termination. Upon receipt of said notice, the Vendor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City terminates a portion of this Agreement, such termination shall not void or invalidate the remainder of this Agreement.
B. In the event this Agreement is terminated pursuant to this section, the City shall pay to Vendor the actual cost of the work performed up to the time of termination, less any disputed amounts. Upon termination of the Agreement pursuant to this section, the Vendor will submit an invoice to the City as provided herein above.
V. FORCE MAJEURE
If either party fails to perform its obligations because of strikes, lockouts, labor disputes, embargoes, acts of God, inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, governmental regulations, governmental control, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond the reasonable control of the party obligated to perform, then that party’s performance shall be excused for a period equal to the period of such cause for failure to perform but there shall be no monetary adjustment.
VI. CITY REPRESENTATIVE
City ’s Public Works Director or designee (City’s Representative) shall represent City in all matters pertaining to the administration of this Agreement, with respect to the work and services specified in this Agreement and to make all decisions in connection with this Agreement. Whenever approval, directions, or other actions are required by City under this Agreement, those actions will be taken by the City Representative unless otherwise stated. The City ’s Manager the right to designate another City Representative at any time, by providing notice to Vendor.
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VII. VENDOR REPRESENTATIVE(S)
Jason Hendrix, Account Executive and Bobby Torrez, Territory Manager are designated as being the principal(s) and representative(s) of Vendor authorized to act on its behalf with respect to the work specified in this Agreement and make all decisions in connection with this Agreement. Vendor shall not change the designated representatives without prior written consent of the City.
VIII. BUSINESS LICENSE
The Vendor must obtain a City business license in its name prior to the start of work under this Agreement, unless Vendor is qualified for an exemption.
IX. OTHER LICENSES AND PERMITS
Vendor warrants that it has all professional, contracting, and other permits and licenses required to undertake the work contemplated by this Agreement.
X. VENDOR’S RECORDS
Records of the Vendor’s time pertaining to the services and records of accounts between the City and the Vendor will be kept on a generally recognized accounting basis. Vendor will also maintain all other records, including without limitation invoices, correspondence, specifications, drawings, progress reports, and the like, relating to the Vendor’s services. All records will be available to City during normal working hours. Vendor will maintain these records for three (3) years after final payment.
XI. RETENTION OF FUNDS
Vendor authorizes City to deduct from any amount payable to Vendor (whether or not arising out of this Agreement) any amounts the payment of which may be in dispute or that are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and all amounts for which City may be liable to third parties, by reason of Vendor’s acts or omissions in performing or failing to perform Vendor’s obligations under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Vendor, or any indebtedness exists that appears to be the basis for a claim, City may withhold from any payment due, without liability for interest because of the withholding, an amount sufficient to cover the claim. The failure of City to exercise the right to deduct or to withhold will not, however, affect the obligations of Vendor to insure, indemnify, and protect City as elsewhere provided in this Agreement.
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XII. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES
No officer or employee of City will be personally liable to Vendor, in the event of any default or breach by the City or for any amount that may become due to Vendor under this Agreement.
XIII. INDEPENDENT CONTRACTOR
A. Vendor is and shall at all times remain as to the City a wholly independent contractor. Vendor’s employees performing the services under this Agreement on behalf of Vendor shall at all times be under Vendor's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Vendor or any of Vendor's employees, except as set forth in this Agreement. Vendor shall not at any time or in any manner represent that it or any of its employees or agents are in any manner employees or agents of the City. Vendor shall not incur nor have the power to incur any debt, obligation, or liability whatsoever against City, or bind City in any manner.
B. No employee benefits shall be available to Vendor in connection with the performance of this Agreement. Except for the fees paid to Vendor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Vendor and/or its employees for performing work or services hereunder for City .
City shall not be liable for compensation or indemnification to Vendor for injury or sickness to its employee(s) arising out of performing work or services hereunder.
XIV. SUBCONTRACTORS
Before Vendor retains or hires a subcontractor to provide any work, labor, or services relative to this Agreement, Vendor must:
A. Present the name and identifying information of the subcontractor that will provide any work, labor, or services to City;
B. Present to the City the form of subcontract that will be used with the subcontractor for City ’s approval, which approval will not be unreasonably withheld. Such subcontract agreement must include an indemnity agreement that is generally in accord with the indemnity obligations contained herein of this Agreement and must specifically name the City as an indemnified party; and C. Secure from the subcontractor evidence of insurance coverage that meets with this Agreement including naming the City as an additional insured as required by this Agreement, unless such requirement is waived in writing by the City as provided herein below.
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XV. INDEMNIFICATION
Vendor shall indemnify, defend, and hold harmless the City, and its officers, employees, and agents (“City Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable attorney’s fees and costs of litigation (“claims”), arising out of the Vendor’s performance of its obligations under this agreement or out of the operations conducted by Vendor, including the City ’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Vendor’s performance of this Agreement, the Vendor shall provide a defense to the City Indemnitees or at the City ’s option reimburse the City Indemnitees their costs of defense, including reasonable attorney’s fees, incurred in defense of such claims.
Payment by City is not a condition precedent to enforcement of this indemnity. In the event of any dispute between Vendor and City, as to whether liability arises from the sole negligence or willful misconduct of the City or its officers, employees, or agents, Vendor will be obligated to pay for City ’s defense until such time as a final judgment has been entered adjudicating the City as solely negligent or to have acted with willful misconduct. Vendor will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees, and costs of litigation.
XVI. INSURANCE
Without limiting Vendor’s indemnification of City, and prior to commencement of work, Vendor shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the types and amounts described below and in a form that is satisfactory to City.
General liability insurance. Vendor 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. 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. Vendor 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 Vendor 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.
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Workers’ compensation insurance. Vendor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
Vendor 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.
Other provisions or requirements
Proof of insurance. Vendor shall provide certificates of insurance and required endorsements to City as evidence of the insurance coverage required herein.
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 for the contract period and any additional length of time required thereafter. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
Duration of coverage. Vendor shall procure and maintain for the contract period, and any additional length of time required thereafter, insurance against claims for injuries to persons or damages to property, or financial loss which may arise from or in connection with the performance of the Work hereunder by Vendor, their agents, representatives, employees, or subconsultants.
Primary/non-contributing. Coverage provided by Vendor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City ’s own insurance or self- insurance shall be called upon to protect it as a named insured.
City ’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications 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 Vendor or City will withhold amounts sufficient to pay premium from Vendor 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.
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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 Vendor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Vendor hereby waives its own right of recovery against City and shall require similar written express waivers and insurance clauses from each of its subconsultants.
Enforcement of contract provisions (non estoppel). Vendor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Vendor 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 Vendor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Vendor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Notice of cancellation. Vendor agrees to oblige its insurance agent or broker and insurers to provide the City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. If any of the Vendor’s insurers are unwilling to provide such notice, then Vendor shall have the responsibility of notifying the City immediately in the event of Vendor’s failure to renew any of the required insurance coverages or insurer’s cancellation or non-renewal.
Additional insured status. General liability, automobile liability, and umbrella/excess liability insurance 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.
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 Vendor’s insurance shall apply separately to each insured against whom 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.
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Pass through clause. Vendor agrees to ensure that its subconsultants, subcontractors, and any other party who is brought into or involved in the services by Vendor (hereinafter collectively “Subcontractor”), provide the same minimum insurance coverage and endorsements required of Vendor. Vendor 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. However, in the event Vendor’s Subcontractor cannot comply with this requirement, which proof must be submitted to the City , Vendor may still be able to utilize the Subcontractor provided Vendor shall be required to ensure that its Subcontractor provide and maintain insurance coverage and endorsements sufficient to the specific risk of exposure involved with Subcontractor’s scope of work and services, with limits less than required of the Vendor, but in all other terms consistent with the Vendor’s requirements under this Agreement. This provision does not relieve the Vendor of its contractual obligations under the Agreement and/or limit its liability to the amount of insurance coverage provided by its Subcontractors. This provision is intended solely to provide Vendor with the ability to utilize a Subcontractor who may be otherwise qualified to perform the work or services but may not carry the same insurance limits as required of the Vendor under this Agreement given the limited scope of work or services provided by the Subcontractor. Vendor agrees that upon request, all agreements with Subcontractors, and others engaged in the services, will be submitted to City for review.
City ’s right to revise specifications. 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 Vendor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Vendor, the City and Vendor may renegotiate Vendor’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, or require proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention through confirmation from the underwriter.
Timely notice of claims. Vendor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Vendor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
Additional insurance. Vendor 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.
XVII. CONFLICT OF INTEREST
No officer or employee of the City may have any financial interest, direct or indirect, in this Agreement, nor may any officer or employee participate in any decision relating to the Agreement that affects the officer or employee’s financial interest or the financial interest of any corporation, partnership or association in which the
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officer or employee is, directly or indirectly interested, in violation of any law, rule or regulation.
No person may offer, give, or agree to give any officer or employee or former officer or employee, nor may any officer or employee solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, preparation or any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any way pertaining to any program requirement, contract or subcontract, or to any solicitation or proposal.
Contractor shall complete and submit to City the Levine Act Statement, attached and incorporated as Exhibit C to this Agreement.
XVIII. NOTICE
All notices, requests, demands, or other communications under this Agreement will be in writing. Notice will be sufficiently given for all purposes as follows:
A. Personal delivery. When personally delivered to the recipient; notice is effective on delivery.
B. First Class mail. When mailed first class to the last address of the recipient known to the party giving notice, notice is effective three mail delivery days after deposit in a United States Postal Service office or mailbox.
C. Certified mail. When mailed certified mail, return receipt requested, notice is effective on receipt, if delivery is confirmed by a return receipt.
D. Overnight delivery. When delivered by an overnight delivery service, charges prepaid or charged to the sender’s account; notice is effective on delivery, if delivery is confirmed by the delivery service.
E. Facsimile transmission. When sent by fax to the last fax number of the recipient known to the party giving notice; notice is effective on receipt. Any notice given by fax will be deemed received on the next business day if it is received after 5:00 p.m. (recipient’s time) or on a non-business day.
Addresses for purpose of giving notice are as follows:
To CITY: City of El Centro Public Works Department
Attention: City Clerk
To VENDOR: Vestis Services, LLC
Attention: Jason Hendrix, Account Executive
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and Bobby Torrez, Territory Manager
F. Any correctly addressed notice that is refused, unclaimed, or undeliverable because of an act or omission of the party to be notified, will be deemed effective as of the first date the notice was refused, unclaimed, or deemed undeliverable by the postal authorities, messenger or overnight delivery service.
G. Either party may change its address or fax number by giving the other party notice of the change in any manner permitted by this Agreement. Any change in address or fax number that is not provided to the other party will not void delivery of any notice under this Agreement, and delivery to the last known address or fax number shall be deemed sufficient for notice under this Agreement.
XIX. PROHIBITION AGAINST ASSIGNMENT AND SUBCONTRACTING
This agreement and all exhibits are binding on the heirs, successors, and assigns of the parties. The Agreement may not be assigned or subcontracted by either City or Vendor without the prior written consent of the other.
XX. INTEGRATION; AMENDMENT
This Agreement represents the entire understanding of City and Vendor as to those matters contained in it. No prior oral or written understanding will be of any force or effect with respect to the terms of this Agreement. The Agreement may not be modified or altered except in writing signed by both parties. No waiver of any term or conditions of this Agreement shall be a continuing waiver thereof.
XXI. INTERPRETATION
The terms of this Agreement should be construed in accordance with the meaning of the language used and should not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction that might otherwise apply.
XXII. SEVERABILITY
If any part of this Agreement is found to be in conflict with applicable laws, that part will be inoperative, null and void insofar as it is in conflict with any applicable laws, but the remainder of the Agreement will remain in full force and effect.
XXIII. TIME OF ESSENCE
Time is of the essence in the performance of this Agreement.
XXIV. GOVERNING LAW; JURISDICTION
This Agreement will be administered and interpreted under the laws of the State of
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California. Jurisdiction of any litigation arising from the Agreement will be in a court of competent jurisdiction within the county in which City is located.
XXV. COMPLIANCE WITH STATUTES AND REGULATIONS
Vendor will be knowledgeable of and will comply with all applicable federal, state, local, county, and city statutes, rules, regulations, ordinances, and orders.
XXVI. WAIVER OF BREACH
No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default will impair the right or remedy or be construed as a waiver. A party’s consent or approval of any act by the other party requiring the party’s consent or approval will not be deemed to waive or render unnecessary the other party’s consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and will not be a waiver of any other default concerning the same or any other provision of this Agreement.
XXVII. ATTORNEY’S FEES
Except as provided for herein above, in any dispute, litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party will be awarded reasonable attorney’s fees, together with any costs and expenses, to resolve the dispute and to enforce any judgment, including post-judgment attorney’s fees costs and expenses and any attorneys’ fees or costs incurred on appeal of any judgment.
XXVIII. EXHIBITS
All exhibits identified in this Agreement are incorporated into the Agreement by this reference.
XXIX. VENDOR’S AUTHORITY TO EXECUTE
The persons executing this Agreement on behalf of the Vendor warrant: (i) the Vendor is duly organized and existing under the appropriate state laws; (ii) they are duly authorized to execute this Agreement on behalf of the Vendor; (iii) by so executing this Agreement, the Vendor is formally bound to the provisions of this Agreement; and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the Vendor is bound.
By VENDOR: Vestis Services, LLC
(Signature)
(Typed Name)
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(Title)
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CITY OF EL CENTRO
A Municipal Corporation and Charter City
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
By City Attorney
Attachments: Exhibit A Scope of Services
Exhibit B Compensation Schedule
Exhibit C Levine Act
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EXHIBIT A
SCOPE OF SERVICES
[ATTACH VENDOR’S PROPOSAL OR AGREED UPON SCOPE OF SERVICES]
Exhibit A
Exhibit A
Exhibit A
Exhibit A
Exhibit A
Exhibit A
Exhibit A
Exhibit A
Exhibit A
Exhibit A
Exhibit A
Exhibit A
Exhibit A
Exhibit A
Exhibit A
Exhibit A
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EXHIBIT B
COMPENSATION SCHEDULE
[ATTACH DOCUMENT WITH SCHEDULE OR OUTLINE
COMPENSATION]
Exhibit B
Exhibit B
Exhibit B
Exhibit B
Exhibit C
Exhibit C
City Council of the City of El Centro
1275 W. Main Street
El Centro, CA 92243
SUBMITTED
ACTION ITEM (ID # 2024-198)
Item: 5.
Meeting: 11/5/2024 11:30 AM
Department:
Category: Resolution
Prepared by: Rene McNish ,
Lieutenant
Department Head: Rene McNish
DOC ID: 2024-198
Adopt Resolution. 24- , RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE
EL CENTRO POLICE DEPARTMENT TO PARTICIPATE IN THE BUREAU OF JUSTICE
ASSISTANCE PATRICK LEAHY BULLETPROOF VEST PARTNERSHIP GRANT PROGRAM.
CITY MANAGER'S RECOMMENDATION:
Adopt Resolution. 24- , RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE
EL CENTRO POLICE DEPARTMENT TO PARTICIPATE IN THE BUREAU OF JUSTICE
ASSISTANCE PATRICK LEAHY BULLETPROOF VEST PARTNERSHIP GRANT PROGRAM.
FISCAL IMPACT:
With the acceptance of the Bulletproof Vest Partnership Grant, a corresponding budget reimbursement account of $8,937.59 will be processed and included as part of the adjusted Fiscal Year 2024/2025 Budget. No match by the City is required.
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
Community Health, Safety & Welfare
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTOR'S LICENSE, REFERENCE CHECKES, INSURANCE, ETC.:
N/A
BACKGROUND:
The Bureau of Justice Assistance has conditionally approved the city’s application for funding under the Bulletproof Vest Partnership (BVP) Grant in the amount of $8,937.59.
Our BVP grant will provide the El Centro Police Department with funding to cover half of the cost to purchase vests for our uniformed staff.
DISCUSSION:
The Bulletproof Vest Partnership (BVP) Grant Act of 1998 is a unique U.S. Department of Justice initiative designed to provide a critical resource to state and local law enforcement.
The BVP program provides up to 50 percent matching funds for agencies looking to purchase body armor for their officers. Federal funds are used to support the purchase of vest in the BVP Program. BVP makes "grants" to law enforcement agencies to purchase vests; however, these grants come only after the agency has purchased and is seeking reimbursement or payment for up to half the cost of eligible vests.
The U.S. Department of Justice is committed to improving officer safety and has undertaken research to review and analyze violent encounters and law enforcement officer deaths and injuries. Due to an increase in the number of law enforcement officer deaths over the years, coupled with the renewed efforts to improve officer safety, all law
enforcement agencies benefitting from the BVP Program must have a “mandatory wear” policy in effect. The El Centro Police Department is in compliance with a mandatory wear policy.
CONCLUSION:
Adopt Resolution. 24- , RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE
EL CENTRO POLICE DEPARTMENT TO PARTICIPATE IN THE BUREAU OF JUSTICE
ASSISTANCE PATRICK LEAHY BULLETPROOF VEST PARTNERSHIP GRANT PROGRAM.
ATTACHMENTS:
1. FY24 BVP Resolution
2. FY24 BVP Grant Award Notification
3. FY24 BVP Grant Application Status
10/2024/cdz/A24-0173/Reso/BJAGrant
RESOLUTION NO 24-
RESOLUTION OF THE CITY COUNCIL AUTHORIZING
THE EL CENTRO POLICE DEPARTMENT TO PARTICIPATE IN
THE BUREAU OF JUSTICE ASSISTANCE
PATRICK LEAHY BULLETPROOF VEST PARTNERSHIP GRANT PROGRAM WHEREAS, the Bureau of Justice Assistance (BJA) provides grant funding to aid law enforcement with up to fifty percent of the cost of body armor vests purchased for law enforcement officers and the El Centro Police Department submitted an application for a grant; and
WHEREAS, BJA has awarded eight thousand, nine hundred and thirty-seven dollars and fifty-nine cents ($8,937.59) to the El Centro Police Department for the purpose of purchasing and/or replacing body armor vests; and
WHEREAS, the El Centro Police Department now is required to execute a certificate of acceptance.
NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS;
1. That the foregoing is true, correct and adopted.
2. That the City Council hereby accepts the grant funds of eight thousand, nine hundred and thirty-seven dollars and fifty-nine cents ($8,937.59) for the Program.
3. That the City’s Police Chief is authorized to execute, on behalf of the City, the grant award agreement, if any, for the Program, a copy of which will be on file in the Office of the City Clerk, including any extensions or amendments thereof.
4. That the City agrees to comply with all requirements for the Program (including any extensions or amendments thereof) and that funds will be appropriated as required thereby.
5. That grant funds received hereunder shall not be used to supplant expenditures controlled by this body.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of El Centro held on the day of , 2024
CITY OF EL CENTRO
By ___________________________
Sylvia Marroquin, Mayor
10/2024/cdz/A24-0173/Reso/BJAGrant
ATTEST:
By _______________________________
Norma Wyles, City Clerk
APPROVED AS TO FORM:
Office of the City Attorney
By _______________________________
Elizabeth Martyn, City Attorney
STATE OF CALIFORNIA )
COUNTY OF IMPERIAL ) ss
CITY OF EL CENTRO )
I, Norma Wyles, City Clerk of the City of El Centro, California, do hereby certify that the foregoing Resolution No. 24- 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 , 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
By ___________________________
Norma Wyles, City Clerk
APPLICATION DETAILS
APPLICATION PROFILE
Participant EL CENTRO CITY
Fiscal Year 2024
Number of Agencies Applied 0
Total Number of Officers for
Application
49 Number of Officers on
Approved Applications
49 APPLICATION PROFILE
Fiscal Year 2024
Vest Replacement Cycle
5 Number of Officers 49
Number of
Emergency
Replacement
Needs
Number of
Stolen or
Damaged
9 Number of
Officer
Turnover
14 APPLICATION DETAILS
NIJ# Quantity
Unit
Price
Extended
Cost
Tax Shipping
and Handling
Total Cost
BA3A00SMR02
23 $784.10 $18,034.30 $64.69 $18,098.99
Grand
Totals
23 $18,034.30 $64.69 $18,098.99
AWARD SUMMARY FOR FY2024 REGULAR FUND
Funds Type
Eligible
Amount
Award
Date
Approved
Status
Regular
Fund
$18,098.99 $8,937.59 09/26/24
Approved by
BVP
Grand
Totals:
$18,098.99 $8,937.59
RETURN
City Council of the City of El Centro
1275 W. Main Street
El Centro, CA 92243
SUBMITTED
ACTION ITEM (ID # 2024-196)
Item: 6.
Meeting: 11/5/2024 11:30 AM
Department:
Category: Action Item
Prepared by: Felix DeLeon , Senior
Engineer
Department Head: Abraham Campos
DOC ID: 2024-196
Approval of Plans and Specifications for the Wastewater Treatment Plant UV Disinfection Improvements.
CITY MANAGER'S RECOMMENDATION:
Approve the plans and specifications for the Wastewater Treatment Plant UV Disinfection Improvements project and authorize staff to release it for public bidding.
FISCAL IMPACT:
No Impact to the general fund. This project is funded by Waste Water Enterprise funds.
The engineer's estimate is $1,100,000. The requested budget is as follows, which will be updated once bids are received.
FY 2024 FY budgeted Waste Water Enterprise Funds - $600,000 Requested additional Waste Water Enterprise Funds - $500,000 Total Waste Water Enterprise Funds $1,100,000
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
Environmental Sustainability & Infrastructure
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTOR'S LICENSE, REFERENCE CHECKES, INSURANCE, ETC.:
N/A
BACKGROUND:
The City of El Centro Wastewater treatment facility treats and discharges the city's sewer collection system into the IID's drainage system, which ultimately makes it way to the Salton Sea. UV Disinfection is the last step in the treatment process prior to discharge.
Currently, the existing UV lamps are reaching the end of their useful life and the current system is now obsolete and will soon no longer be serviceable. Failure to replace the UV lamps may bring the wastewater treatment plant out of compliance, resulting in State violations.
The City's Public Works staff took to Council on December 07, 2021, the approval of a vendor agreement with Trojan Technologies Group for the Purchase of Equipment necessary to replace the UV disinfection units and necessary equipment. The City of El Centro Council approved the purchase under Resolution No. 21-95.
DISCUSSION:
Public Works staff contracted NV5 to provide design services for the project, including plans and technical specifications to incorporate the purchased Trojan UV disinfection units into the City's current concrete channel that holds the current lamps and UV disinfection system. Currently, the equipment purchased from Trojan is with the City of El
Centro Public Works department and will be furnished during construction. The project will install the already purchased units as well as upgrade some of the electrical equipment, minor adjustments to the concrete channel structure, and install two pre-manufactured storage sheds to house certain equipment.
Below is a tentative schedule for this project:
Approval of Plans and Specifications - November 5, 2024 Advertise Project - November 15, 2024
Pre-Bid Meeting - December 3, 2024
Bid Opening - December 19, 2024
Construction Award - January 21, 2025
Construction Commence - February 10, 2025
Construction Complete - May 12, 2025
CONCLUSION:
Approve the plans and specifications for the Wastewater Treatment Plant UV Disinfection Improvements project and authorize staff to release for public bidding.
ATTACHMENTS:
1. WWTP UV Disinfection Specifications - Signed
2. 20241028-UV_FinalPlans-Signed 11x17
City of El Centro
WASTEWATER TREATMENT PLANT UV DISINFECTION IMPROVEMENTS
WASTEWATER TREATMENT PLANT UV DISINFECTION IMPROVEMENTS
TABLE OF CONTENTS
PAGE
NOTICE INVITING SEALED PROPOSALS (BIDS) NIB 1 - 7
BIDDING DOCUMENTS BD 1 - 20
CONTRACT DOCUMENTS CD 1 - 18
Agreement CD 2 - 13
Performance Bond CD 14-15
Payment Bond CD 16-17
GENERAL CONDITIONS GC 1-66
SUPPLEMENTAL GENERAL CONDITIONS SGC 1 - 3
TECHNICAL SPECIFICATIONS
City of El Centro
WASTEWATER TREATMENT PLANT UV DISINFECTION IMPROVEMENTS 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 December 19, 2024, at 2:00 p.m. for the construction of the “WASTEWATER TREATMENT PLANT UV DISINFECTION IMPROVEMENTS”
DESCRIPTION OF WORK: The WOR K includes but is not limited to:
The work shall include the replacing of two existing UV disinfection units with two new UV disinfection units including minor modifications to the existing UV disinfection channels.
Installation of two new pre-engineered mechanical buildings to house equipment. Minor concrete, minor aggregate base, and electrical.
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 located at the City of El Centro’s Wastewater Treatment Plant located at 2255 North La Brucherie Avenue.
COMPLETION OF WORK: The WORK must be completed within (90) consecutive Calendar Days after the commencement date stated in the Notice to Proceed.
OPENING OF BIDS: The Bids will be publicly opened and read at 2:00 PM on December 19, 2024 at the above-mentioned office of the City Clerk’s.
OBTAINING CONTRACT DOCUMENTS: The Contract Documents are entitled “WASTEWATER TREATMENT PLANT UV DISINFECTION IMPROVEMENTS” The Contract Documents may be obtained by download free at Planetbids by visiting City of El Centro website and selecting “Public Works (Planetbids) from the “DOING BUSINESS” drop down, Bids and Proposal tab, or at the following link https://www.planetbids.com/portal/portal.cfm?companyID=41180 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 December 03, 2024. The meeting will be held at RDA Conference Room A located at 1249 W. Main St. El Centro, CA. The object of the meeting is to acquaint Bidders with the site conditions and mandatory bidding requirements and subcontractors with subcontracting and material supply opportunities. At that meeting, the City of El Centro’s Equal Opportunity Program goals and reporting procedures also will be discussed.
City of El Centro
WASTEWATER TREATMENT PLANT UV DISINFECTION IMPROVEMENTS NIB 2
QUESTIONS: Technical questions must be submitted through Planetbids. Should Planetbids be unavailable questions should then be directed to the OWNER at [email protected] Questions must arrive at least (10) calendar days prior to the bid opening to allow time for distributing answers and/or clarifications to plan holders. Responses to questions that may be asked will be provided by Addendum. No oral comments shall be of any force or effect with respect to this solicitation.
CITY’S RESPONSES: Responses to questions asked may be provided via Addenda.
ALL SUBMISSIONS MUST BE BY PERSONAL DELIVERY OR BY MAIL. No electronic submissions will be accepted.
REQUIRED DOCUMENTS AS PART OF THE BID:
The bid shall be considered incomplete and be disqualified if any of the required BIDDING DOCUMENTS in pages BD 1 to BD 20 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.
CONTRACTOR AND SUBCONTRACTOR REGISTRATION WITH DEPARTMENT OF INDUSTRIAL RELATIONS:
City of El Centro
WASTEWATER TREATMENT PLANT UV DISINFECTION IMPROVEMENTS NIB 3
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
City of El Centro
WASTEWATER TREATMENT PLANT UV DISINFECTION IMPROVEMENTS NIB 4
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 opening of bids. 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 Bidder may protest City’s proposed award of the Contract by submitting a written protest to Office of the City Clerk, 1275 W. Main Street, El Centro CA, 92243, attention 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; 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
City of El Centro
WASTEWATER TREATMENT PLANT UV DISINFECTION IMPROVEMENTS NIB 5
e. A clear statement of the relief requested.
The party filing the protest must concurrently transmit a copy of the initial protest document and any attached documentation to all other bidding parties.
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.
(2) Evaluation and Determination
The protested bidder may file responsive statements to the protest within three (3) business days after the receipt of the protest. Any other responding Bidder shall transmit its response to the protesting Bidder concurrent with delivery to 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
Award of any proposed contract maybe delayed pending the resolution of the protest unless one or more of the following conditions is present:
1. The items or services being procured are urgently required;
2. Delivery or performance will be unduly delayed by failure to make award promptly; or
3. Failure to make prompt award will otherwise cause undue harm to the City.
D. No Limitations on Remedies
Nothing contained herein shall be construed to act as a limitation of the City’s choice of remedies or confer any right upon any interested party or affected party to a remedy.
E. Basis for Choice Remedy
In determining the appropriate remedy, the City shall consider all of the circumstances surrounding the notice of bids and/or award, including, but not limited to:
1. The seriousness of any deficiency found to exist in the contracting process;
2. The effect of the action on the competitive process;
3. Any urgency surrounding the requirement to enter into a contract; and
4. The effect that implementing the remedy will have on the City.
F. Remedies
City of El Centro
WASTEWATER TREATMENT PLANT UV DISINFECTION IMPROVEMENTS NIB 6
If the City determines that the 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 determine not to proceed with the project at that time; (b) reject all bids and issue a new solicitation;
(c) make a new selection/award recommendation to the next lowest qualified bidder; or
(d) 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.
LIQUIDATED DAMAGES: The project carries liquidated damages provisions of $1,000 per day per the Contract Documents.
OWNER’S RIGHTS RESERVED: OWNER reserves the right to reject any or all Bids, to waive any and all bid proposals and to waive any technical irregularities, to accept any bid or portion thereof, and to take all bids under advisement for a period of 120 days, and to make awards to the lowest responsive Bidder as it may best serve the interest of OWNER. All bids are provided at the sole expense of the Bidder.
Date:____________________ OWNER: City of El Centro
_________________________
Norma Wyles, City Clerk
- END OF NOTICE INVITING BIDS -
City of El Centro
WASTEWATER TREATMENT PLANT UV DISINFECTION IMPROVEMENTS 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 Ten (10) 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.
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 BUSINESS 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);
City of El Centro
WASTEWATER TREATMENT PLANT UV DISINFECTION IMPROVEMENTS BD 2 (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 OWNER 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 OWNER 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 OWNER 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.
City of El Centro
WASTEWATER TREATMENT PLANT UV DISINFECTION IMPROVEMENTS BD 3
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 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.
City of El Centro
WASTEWATER TREATMENT PLANT UV DISINFECTION IMPROVEMENTS BD 4
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 OWNER written notice of all conflicts, errors, ambiguities and discrepancies in the Contract Documents and the written resolution thereof by OWNER 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 “COMMERCIAL AVE. IMPROVEMENTS 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. Bids signed by other corporate officer or the project manager 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.
City of El Centro
WASTEWATER TREATMENT PLANT UV DISINFECTION IMPROVEMENTS BD 5
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.
City of El Centro
WASTEWATER TREATMENT PLANT UV DISINFECTION IMPROVEMENTS BD 6
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 “COMMERCIAL AVE. IMPROVEMENTS 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.
City of El Centro
WASTEWATER TREATMENT PLANT UV DISINFECTION IMPROVEMENTS BD 7
19. LIQUIDATED DAMAGES. Provisions for liquidated damages in the amount of $1,000 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 -
City of El Centro
WASTEWATER TREATMENT PLANT UV DISINFECTION IMPROVEMENTS BD 8 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 “WASTEWATER TREATMENT PLANT UV DISINFECTION IMPROVEMENTS”
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:
City of El Centro
WASTEWATER TREATMENT PLANT UV DISINFECTION IMPROVEMENTS BD 9
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
WASTEWATER TREATMENT PLANT UV DISINFECTION IMPROVEMENTS 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.
City of El Centro
WASTEWATER TREATMENT PLANT UV DISINFECTION IMPROVEMENTS BD 10
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
Item Description
Unit Amount Unit
Price Total Price
1 MOBILIZATION / DEMOBILIZATION /
REQUIRED PERMITS
LS 1
2 SHEETING, SHORING, AND BRACING LS 1
3 TEMPORARY BMPs LS 1
4 DEMOLITION LS 1
5 EARTHWORK AND GRADING LS 1
6 CONSTRUCT CONCRETE SLABS LS 1
7 CONSTRUCT MISCELLANEOUS
CONCRETE
LS 1
8 FURNISH AND INSTALL PRECAST
CONCRETE TRENCHES
LS 1
9 FURNISH AND INSTALL PREENGINEERED BUILDINGS LS 1
10 FURNISH AND INSTALL LEVEL CONTROL
WEIRS
LS 1
11 FURNISH AND INSTALL FRP COVERS AND
FRP GRATING
LS 1
12 INSTALL UV DISINFECTION SYSTEM LS 1
13 ELECTRICAL AND CONTROLS WORK LS 1
Total: $__________________________
Total Bid 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)
END OF PROPOSAL BID FORM
City of El Centro
WASTEWATER TREATMENT PLANT UV DISINFECTION IMPROVEMENTS BD 11
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
City of El Centro
WASTEWATER TREATMENT PLANT UV DISINFECTION IMPROVEMENTS BD 12
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:
PROVIDE A COMPLETE COPY OF THE MOST CURRENT LICENSE
(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 –
City of El Centro
WASTEWATER TREATMENT PLANT UV DISINFECTION IMPROVEMENTS BD 13
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 –
City of El Centro
WASTEWATER TREATMENT PLANT UV DISINFECTION IMPROVEMENTS BD 14
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 –
City of El Centro
WASTEWATER TREATMENT PLANT UV DISINFECTION IMPROVEMENTS BD 15
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
City of El Centro
WASTEWATER TREATMENT PLANT UV DISINFECTION IMPROVEMENTS BD 16
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 –
City of El Centro
WASTEWATER TREATMENT PLANT UV DISINFECTION IMPROVEMENTS BD 17 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 –
City of El Centro
WASTEWATER TREATMENT PLANT UV DISINFECTION IMPROVEMENTS BD 18
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 –
City of El Centro
WASTEWATER TREATMENT PLANT UV DISINFECTION IMPROVEMENTS BD 19 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:__________________________________________________
City of El Centro
WASTEWATER TREATMENT PLANT UV DISINFECTION IMPROVEMENTS BD 20 - END OF BIDDING DOCUMENTS –
City of El Centro
WASTEWATER TREATMENT PLANT UV DISINFECTION IMPROVEMENTS CD 1
CONTRACT DOCUMENTS
City of El Centro
WASTEWATER TREATMENT PLANT UV DISINFECTION IMPROVEMENTS CD 2
CITY OF EL CENTRO
WASTEWATER TREATMENT PLANT UV DISINFECTION IMPROVEMENTS
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 the replacing of two existing UV disinfection units with two new UV disinfection units including minor modifications to the existing UV disinfection channels. Installation of two new pre-engineered mechanical buildings to house equipment.
Minor concrete, minor aggregate base, and electrical. 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 OWNER, 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 OWNER, 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 OWNER, if a OWNER is employed by CITY on the Project.
CONTRACTOR shall refer to the invitations for bids, and Project Plans and Specifications, all of which, as set forth below, are incorporated herein by reference, for contractual obligations regarding individual activity durations. The aggregate sum total work of all individual Prime Contractors to the CITY comprises the entire “Project” and shall be commenced and completed in conformance with the Project Construction Schedule. The entire Project shall be completed within 90 “Calendar” days as defined by Article 1 – Definitions of the General Conditions.
City of El Centro
WASTEWATER TREATMENT PLANT UV DISINFECTION IMPROVEMENTS CD 3 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 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,
City of El Centro
WASTEWATER TREATMENT PLANT UV DISINFECTION IMPROVEMENTS CD 4 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 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.
City of El Centro
WASTEWATER TREATMENT PLANT UV DISINFECTION IMPROVEMENTS CD 5 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 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:
City of El Centro
WASTEWATER TREATMENT PLANT UV DISINFECTION IMPROVEMENTS CD 6 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 $2,000,000 per occurrence, $4,000,000 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 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.
City of El Centro
WASTEWATER TREATMENT PLANT UV DISINFECTION IMPROVEMENTS CD 7 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.
Other provisions or requirements
Proof of insurance. CONTRACTOR shall provide certificates of insurance to CITY as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by CITY’s risk manager prior to commencement of performance. Current certification of insurance shall be kept on file with CITY at all times during the term of this contract. CITY reserves the right to require complete, certified copies of all required insurance policies, at any time.
Duration of coverage. CONTRACTOR shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by CONTRACTOR, his agents, representatives, employees or subcontractors.
CONTRACTOR must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. CITY and its officers, officials, employees, and agents shall continue as additional insureds under such policies.
Primary/noncontributing. Coverage provided by CONTRACTOR shall be primary and any insurance or self-insurance procured or maintained by CITY shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of CITY before the CITY’s own insurance or self-insurance shall be called upon to protect it as a named insured.
City of El Centro
WASTEWATER TREATMENT PLANT UV DISINFECTION IMPROVEMENTS CD 8 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 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
City of El Centro
WASTEWATER TREATMENT PLANT UV DISINFECTION IMPROVEMENTS CD 9 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.
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
City of El Centro
WASTEWATER TREATMENT PLANT UV DISINFECTION IMPROVEMENTS CD 10 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
Pursuant to Section 1771.1(a) of the Labor Code:
“A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.” CONTRACTOR must be registered with the Department of Industrial Relations (DIR) of the State of California in order to be eligible to work on public works projects.
CONTRACTOR must ensure registration with the DIR that is active and in good standing.
No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].
No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.
This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
The CONTRACTOR is not subject to public works requirements (including registration with the DIR) if the public works project is under $1,000, unless the CITY knows that the same CONTRACTOR will be awarded total project costs in excess of $1,000 for a given year.
XV. CORPORATION IN GOOD STANDING
If CONTRACTOR is a corporation, the undersigned hereby represents and warrants that the corporation is duly incorporated and in good standing in the State of California, and that , whose title is , is authorized to act for and bind the corporation.
XVI. PROVISIONS REQUIRED BY LAW
City of El Centro
WASTEWATER TREATMENT PLANT UV DISINFECTION IMPROVEMENTS CD 11 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 contract time or in strict accordance with the Project Schedule, it is understood, acknowledged and agreed that the CITY will suffer damage. It is therefore agreed that the CONTRACTOR shall pay to the CITY the sum of one thousand dollars ($1,000) for each and every calendar day of delay beyond the Contract Time, or beyond any completion schedule, construction schedule or Project milestones established in or pursuant to the
City of El Centro
WASTEWATER TREATMENT PLANT UV DISINFECTION IMPROVEMENTS CD 12 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 shall be done as if required by all.
City of El Centro
WASTEWATER TREATMENT PLANT UV DISINFECTION IMPROVEMENTS CD 13 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.
CONTRACTOR CITY
City of El Centro
By: ____________________________ By: ____________________________ Title: __________________________ Title: __________________________ Date: __________________________ Date: __________________________ ATTACHMENTS:
Faithful Performance Bond
Labor and Materials Bond
City of El Centro
WASTEWATER TREATMENT PLANT UV DISINFECTION IMPROVEMENTS CD 14
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.
City of El Centro
WASTEWATER TREATMENT PLANT UV DISINFECTION IMPROVEMENTS CD 15 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 –
City of El Centro
WASTEWATER TREATMENT PLANT UV DISINFECTION IMPROVEMENTS CD 16
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, and it does hereby waive notice of any such change, extension, alteration, or addition.
City of El Centro
WASTEWATER TREATMENT PLANT UV DISINFECTION IMPROVEMENTS CD 17 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 BONDPage 116 of 1513
City of El Centro
WASTEWATER TREATMENT PLANT UV DISINFECTION IMPROVEMENTS CD 18 - END OF CONTRACT DOCUMENTS -
City of El Centro
WASTEWATER TREATMENT PLANT UV DISINFECTION IMPROVEMENTS GC 1
GENERAL CONDITIONS
City of El Centro
WASTEWATER TREATMENT PLANT UV DISINFECTION IMPROVEMENTS GC 2
GENERAL CONDITIONS
ARTICLE 1 -- DEFINITIONS
Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof.
Where an entire word is capitalized in the definitions and is found un-capitalized in the Contract Documents it has the ordinary dictionary definition.
Addenda - Written or graphic instruments issued prior to the opening of Bids which make additions, deletions or revisions to the Contract Documents.
Agent - OWNER 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 OWNER 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.
City of El Centro
WASTEWATER TREATMENT PLANT UV DISINFECTION IMPROVEMENTS GC 3 Change Order - A document recommended by OWNER 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 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 OWNER’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.
OWNER - The individual, partnership, corporation, joint venture or other legal entity named as such by written notice from OWNER.
OWNER Order - A written order issued by OWNER 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.
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 OWNER’s recommendation of final payment.
City of El Centro
WASTEWATER TREATMENT PLANT UV DISINFECTION IMPROVEMENTS GC 4 OWNER - The individual, partnership, corporation, joint venture or other legal entity named as such in the Contract Documents or succeeding entity. In the lack thereof, OWNER 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 OWNER 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 OWNER until OWNER 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 OWNER.
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
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
City of El Centro
WASTEWATER TREATMENT PLANT UV DISINFECTION IMPROVEMENTS GC 5 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 OWNER, OWNER 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.
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 - OWNER is OWNER’s Agent.
OWNER - The City of El Centro, acting through its legally designated officials, officers or employees.
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WASTEWATER TREATMENT PLANT UV DISINFECTION IMPROVEMENTS GC 6 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 OWNER, and upon which the response will be answered and returned.
Request for Proposal - The standardized form used by OWNER 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.
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.
City of El Centro
WASTEWATER TREATMENT PLANT UV DISINFECTION IMPROVEMENTS GC 7 Submittals - The information which is specified for submission to OWNER 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 OWNER, OWNER 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 OWNER 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.
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 OWNER, 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
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WASTEWATER TREATMENT PLANT UV DISINFECTION IMPROVEMENTS GC 8 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 OWNER any conflict, error or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from OWNER before proceeding with any work affected thereby.
2.6 PRELIMINARY SUBMITTALS - Preliminary submittals shall be provided to OWNER in accordance with Division 1 requirements.
2.7 PRECONSTRUCTION CONFERENCE - CONTRACTOR is required to attend a preconstruction conference. This conference will be attended by OWNER 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 OWNER shall attend a pre-start meeting to discuss the schedule, coordination, procedures and other administrative issues.
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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
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 OWNER 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 OWNER in writing within seven (7) calendar Days of discovery. CONTRACTOR shall not proceed with
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WASTEWATER TREATMENT PLANT UV DISINFECTION IMPROVEMENTS GC 10 the WORK affected thereby, except in an emergency, unless directed by OWNER. Any WORK performed by CONTRACTOR that is not directed by OWNER 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
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.
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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 OWNER Order issued by OWNER.
3.4.2.2 - OWNER’s approval of a Shop Drawing or Sample pursuant to Article 6
3.4.2.3 - OWNER’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 a written temporary construction easement agreement has been executed by CONTRACTOR and the property owner, and a copy of said easement furnished to OWNER prior to said use; and, neither OWNER nor OWNER 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 OWNER 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
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WASTEWATER TREATMENT PLANT UV DISINFECTION IMPROVEMENTS GC 12 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, OWNER or OWNER 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
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 OWNER 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 OWNER 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.
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WASTEWATER TREATMENT PLANT UV DISINFECTION IMPROVEMENTS GC 13
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 OWNER by the owners of such Underground Utilities or by others.
Unless it is expressly provided in the Supplementary General Conditions and/or the General Conditions, OWNER and OWNER 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 OWNER 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.
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WASTEWATER TREATMENT PLANT UV DISINFECTION IMPROVEMENTS GC 14
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 OWNER and utility owner if any utility is disturbed or damaged. CONTRACTOR shall bear the costs of repair or replacement of any utility damaged by CONTRACTOR.
4.4.7 Removal Of Abandoned Utilities - Unless otherwise specified, CONTRACTOR shall remove all interfering portions of utilities shown on the Plans or indicated in the Bidding Documents as abandoned. Before starting removal operations, CONTRACTOR shall ascertain from the Utility Owner whether the abandonment is complete. The costs involved in the removal and disposal shall be included in the price for the item of work necessitating such removals.
4.4.8 Relocation Of Utilities
4.4.8.1 When the Plans or Specifications provide for CONTRACTOR to alter, relocate or reconstruct a utility, all costs for such work shall be included in the Bid.
4.4.8.2 Temporary or permanent relocation or alteration of indicated utilities requested by CONTRACTOR for its convenience shall be its responsibility, and CONTRACTOR shall make all arrangements and bear all costs.
4.4.8.3 After award of the Agreement, portions of utilities not indicated in the Contract Documents which are found to interfere with the WORK may be relocated, altered or reconstructed by the utility owner, or OWNER 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 OWNER 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.
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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 OWNER whenever a reference point is lost, destroyed or requires relocation.
4.6 ASBESTOS, PCBS, PETROLEUM, HAZARDOUS WASTE OR RADIOACTIVE
MATERIAL
4.6.1 OWNER Responsibility - OWNER shall be responsible for any hazardous material which includes hazardous substances and hazardous waste as defined by sections 25316 and 25117 of the Health and Safety Code, uncovered or revealed at the site which was not identified in the Contract Documents to be within the scope of the WORK. OWNER shall not be responsible for any such materials brought to the site by CONTRACTOR, Subcontractors, Suppliers or anyone else for whom CONTRACTOR is responsible.
4.6.2 CONTRACTOR’s Responsibility - When such hazardous material is encountered, CONTRACTOR shall immediately stop all work in connection with such hazardous condition in any area affected thereby (except in an emergency as required by Article 6) and notify OWNER and OWNER 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
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WASTEWATER TREATMENT PLANT UV DISINFECTION IMPROVEMENTS GC 16 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 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
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WASTEWATER TREATMENT PLANT UV DISINFECTION IMPROVEMENTS GC 17 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 OWNER, 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 OWNER, any duty or authority to supervise or direct the furnishing or performance of the WORK.
6.2.1 The completed work shall include all necessary permanent Safety devices, such as machinery guards, emergency stops and similar Safety items required by OSHA, Cal-OSHA and other Federal, State and local health and Safety regulations. In addition, all equipment, products, components and/or package systems shall be designed, fabricated and installed in compliance with Seismic Zone 4 structural criteria. Further, any features of the work (including OWNER-selected equipment) subject to such Safety regulations and structural criteria shall be fabricated, furnished and installed in compliance with Seismic Zone 4 structural criteria. CONTRACTOR shall include provisions of this Article in his agreements with Subcontractors, Suppliers and manufacturers of equipment and/or products.
In selecting and/or accepting equipment and/or products for installation in the WORK, OWNER, OWNER and OWNER 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, OWNER and OWNER 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
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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 OWNER. 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 OWNER through OWNER.
6.4.2 Superintendent’s Presence at Site - CONTRACTOR’s superintendent or alternate shall be present at the site of the WORK at all times while work is in progress, and shall be available by phone for emergencies twenty-four (24) hours per Day, seven (7) Days per week. Failure to observe this requirement shall be considered suspension of the WORK by CONTRACTOR until such time as such the superintendent is again present at the site.
6.4.3 Removal of Superintendent - Upon written notice, OWNER may require replacement and removal from the WORK of CONTRACTOR’s superintendent with cause, in which case CONTRACTOR shall submit a replacement superintendent subject to approval by OWNER, at no increase in Contract Price or Contract Time. Repeated Safety violation on the job site will be sufficient grounds for directing such replacement.
6.5 LABOR - CONTRACTOR shall provide competent, suitably-qualified personnel to survey and lay out the WORK and perform construction as required by the Contract Documents. Any person employed who is found to be incompetent, intemperate, troublesome, disorderly or otherwise objectionable, or who fails or refuses to perform work properly, acceptably and safely, shall be immediately removed from the WORK by CONTRACTOR and not be reemployed on the WORK. CONTRACTOR shall furnish, erect, maintain and remove the construction plant and any temporary works as may be required. CONTRACTOR shall at all times maintain good discipline and order at the site and will not permit the use or consumption of drugs (illegal substances) or alcoholic beverages at the site.
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 OWNER in writing. Additional compensation will be paid CONTRACTOR for overtime work only in the event extra work is ordered by OWNER, 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
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WASTEWATER TREATMENT PLANT UV DISINFECTION IMPROVEMENTS GC 19 OWNER’s written consent. CONTRACTOR shall apply for this consent through OWNER.
OWNER 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 OWNER for acceptance proposed adjustments in the progress schedule that will not change the Contract Time (or Milestones). Such adjustments will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto.
6.6.2 Revisions To Milestones - Proposed revisions in the progress schedule that will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of Article
12. Such adjustments may only be made by a Change Order in accordance with Article 12 of the General Conditions.
6.7 SUBSTITUTES OR “OR-EQUAL” ITEMS - Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, 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 OWNER for review under the circumstances described below.
6.7.1 “Or-Equal” Items: If in OWNER’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 OWNER as an “or-equal” item, in which case review and approval of the proposed item may, in OWNER’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 OWNER 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;
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WASTEWATER TREATMENT PLANT UV DISINFECTION IMPROVEMENTS GC 20 iii. it has a proven record of performance and availability of responsive service; and
b. CONTRACTOR certifies that, if approved and incorporated into the WORK:
i. there will be no increase in cost to OWNER or increase in Contract Time, and
ii. it will conform substantially to the detailed requirements of the item named in the Contract Documents.
6.7.2 Substitute Items
a. If in CONTRACT MANAGER’s sole discretion an item of material or equipment proposed by CONTRACTOR does not qualify as an “or-equal,” it will be considered a proposed substitute item.
b. CONTRACTOR shall submit sufficient information as provided below to allow CONTRACT MANAGER to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefore. Requests for review of proposed substitute items of material or equipment will not be accepted by CONTRACT MANAGER from anyone other than CONTRACTOR.
c. The procedure requirements for review by CONTRACT MANAGER will be as set forth in Paragraph 6.7.2.d, and as CONTRACT MANAGER may decide is appropriate under the circumstances.
d. CONTRACTOR shall make written application to CONTRACT MANAGER for review of a proposed substitute item of material or equipment that CONTRACTOR seeks to furnish or use. The application:
i. shall certify that the proposed substitute item will:
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;
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WASTEWATER TREATMENT PLANT UV DISINFECTION IMPROVEMENTS GC 21 iv. and shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change.
6.7.3 Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence or procedure of construction is expressly required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, technique, sequence or procedure of construction approved by CONTRACT MANAGER. CONTRACTOR shall submit sufficient information to allow CONTRACT MANAGER, in CONTRACT MANAGER’s sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by CONTRACT MANAGER will be similar to those provided in Paragraph 6.7.2.d.
6.7.4 Contract Manager’s Evaluation: CONTRACT MANAGER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs
6.7.2.d and 6.7.3. CONTRACT MANAGER may require CONTRACTOR to furnish additional data about the proposed substitute item. CONTRACT MANAGER will be the sole judge of acceptability. No “or equal” or substitute will be ordered, installed or utilized until CONTRACT MANAGER’s review is complete, which will be evidenced by either a Change Order for a substitute or an approved Shop Drawing for an “or equal.” CONTRACT MANAGER will advise CONTRACTOR in writing of any negative determination.
6.7.5 Special Guarantee: OWNER may require CONTRACTOR to furnish at CONTRACTOR’s expense a special performance guarantee or other surety with respect to any substitute.
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.
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WASTEWATER TREATMENT PLANT UV DISINFECTION IMPROVEMENTS GC 22 CONTRACTOR shall provide staging areas and include work windows for work by others into the overall construction schedule. No additional working days will be allowed for CONTRACTOR’s failure to coordinate work by others.
6.8.2 Coordination Of Work - OWNER, CONTRACTOR and each of such workers, contractors and others shall cooperate to minimize interference.
6.8.3 Cost Of Coordination - CONTRACTOR shall include in its Bid all costs involved as a result of coordinating its WORK with others. CONTRACTOR will not be entitled to additional compensation from OWNER for damages resulting from such simultaneous, collateral and essential work. CONTRACTOR’s sole and exclusive remedy as a third party beneficiary to other prime contracts for damages caused by another contractor will be a direct action against the separate contractor. If necessary to avoid or minimize such damage or delay, CONTRACTOR shall redeploy its work force to other parts of the WORK.
6.8.4 Obligation to Provide Access - CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility owner (or OWNER, if OWNER is performing the additional work with OWNER’s employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work, and shall properly connect and coordinate work performed by others with their WORK as described in these Contract Documents.
6.8.5 CONTRACTOR shall do all cutting, fitting and patching of the WORK that may be required to make its several parts come together properly and integrate with such other work.
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 OWNER 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 OWNER 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 OWNER, 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.
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WASTEWATER TREATMENT PLANT UV DISINFECTION IMPROVEMENTS GC 23
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 OWNER, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents.
6.11 PERMITS - Unless otherwise provided in the Supplementary General Conditions, CONTRACTOR shall obtain and pay for all construction permits and licenses from the agencies having jurisdiction, including the furnishing of insurance and Bonds if required by such agencies.
The enforcement of such requirements under this Agreement shall not be made the basis for claims for additional compensation. OWNER shall assist CONTRACTOR, only when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the WORK, which are applicable at the time of opening of Bids. CONTRACTOR shall pay all charges of utility owners for connections to the WORK.
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 OWNER.
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 OWNER. 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 OWNER by any such owner or occupant
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WASTEWATER TREATMENT PLANT UV DISINFECTION IMPROVEMENTS GC 24 because of the performance of the WORK, CONTRACTOR shall promptly attempt to settle with such other party by agreement or otherwise resolve the claim through litigation.
6.16 PROJECT SITE MAINTENANCE AND INTERFERENCE WITH ADJACENT
PROPERTY
6.16.1 Cost of General Requirements in Contract Price - CONTRACTOR is obligated to comply with the General Requirements. All costs associated with this compliance are to be included in the basic Contract Price.
6.16.2 Vehicle Load Limits - When materials are transported in prosecuting the WORK, vehicles shall not be loaded beyond the loading capacity recommended by the manufacturer of the vehicle or prescribed by law or regulation. When it is necessary to cross curbs, sidewalks or drainage facilities CONTRACTOR shall protect them from damage.
6.16.3 Work Outside The Agreement Limits - Despite the designation of Contract Documents or the indication of temporary fences or barricades, the provisions of the Contract Documents governing certain portions of the WORK may require that certain operations be carried out beyond such limits. In those cases, trenching, utility work, site development and landscaping shall be scheduled so as to occasion a minimum of inconvenience or disturbance to or interference with the normal operation of the owner, abutters and the public. CONTRACTOR shall obtain OWNER’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 OWNER or OWNER). 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 OWNER 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 OWNER. The daily report shall be completed on forms provided by OWNER and shall be submitted to OWNER by 9:00 a.m. the following work Day. The report should comment on the daily progress and status
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WASTEWATER TREATMENT PLANT UV DISINFECTION IMPROVEMENTS GC 25 of the work within each major component of the WORK. These components will be determined by OWNER. 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 OWNER. CONTRACTOR shall submit a written Safety plan to OWNER prior to commencement of any work on site. CONTRACTOR shall be responsible for initiating, maintaining and supervising all Safety precautions and programs in connection with the WORK.
6.18.2 Safety Laws and Regulations - CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for the Safety of persons or property or to protect them from damage, injury or loss and shall erect and maintain all necessary safeguards for such Safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Utilities when prosecution of the WORK may affect them and shall cooperate with them in the protection, removal, relocation and replacement of their property.
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 OWNER. No excavation shall start until OWNER 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 OWNER and posted at the site.
6.18.6 Use of Explosives - Explosives may be used only when authorized in writing by OWNER, or as otherwise stated in the Specifications. Explosives shall be handled, used and stored in accordance with all applicable regulations. OWNER’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
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WASTEWATER TREATMENT PLANT UV DISINFECTION IMPROVEMENTS GC 26
6.18.7.1 Notification to employees is required when materials that contain hazardous substances or mixtures are required on the WORK. A material safety data sheet as described in section 5194 of the California Code of Regulations shall be requested by CONTRACTOR from the manufacturer of any hazardous product used.
6.18.7.2 Material usage shall be accomplished with strict adherence to California Division of Industrial Safety requirements and all manufacturer’s warnings and application instructions listed on the material safety data sheet and on the product container label.
6.18.7.3 CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the site in accordance with laws or regulations, with copies to OWNER.
6.18.7.4 Unsafe Products - CONTRACTOR shall notify OWNER if it considers a specified or required product or its intended usage to be unsafe. This notification must be given to OWNER 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 OWNER 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 OWNER 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 OWNER, is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give OWNER 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 OWNER for
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WASTEWATER TREATMENT PLANT UV DISINFECTION IMPROVEMENTS GC 27 OWNER’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 OWNER for review all Samples in accordance with the accepted schedule of sample Submittals specified in the General Requirements.
6.20.3 Before submittal of each Shop Drawing or Sample, CONTRACTOR shall have determined and verified all quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar data with respect thereto and reviewed or coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the WORK and the Contract Documents.
6.20.4 CONTRACTOR shall, at his own expense, furnish for review, and obtain approval by the OWNER, 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
Portland cement concrete design mix
Pre-Cast Concrete Structures and appurtenances
Trench Covers
Grates
Crushed Rock and Stone
Electrical and Communication material
Conduit
Pipe
Marking Tape
Pre-Engineered Buildings and appurtenances
Valve Can, Lid and/or material pertaining to the adjustment Additional submittals as mentioned in the Technical Specifications 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 OWNER Review Scope and Limitation - OWNER will review and approve Shop Drawings and Samples. OWNER’s review and approval will be only to determine if the items covered by the Submittals will, after installation or incorporation in the WORK, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. OWNER’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
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WASTEWATER TREATMENT PLANT UV DISINFECTION IMPROVEMENTS GC 28 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 OWNER, 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 OWNER on previous Submittals.
6.21.2 CONTRACTOR’s Responsibility Not Relieved By Approval - OWNER’s and OWNER’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 OWNER’s attention to each such variation at the time of submission and OWNER 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 OWNER relieve CONTRACTOR from responsibility for complying with the requirements of Article 6.
6.22 COMPLIANCE WITH OWNER ADMINISTRATIVE PROCEDURES -
CONTRACTOR is required to comply with all OWNER 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 OWNER.
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.
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
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WASTEWATER TREATMENT PLANT UV DISINFECTION IMPROVEMENTS GC 29 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 OWNER 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, OWNER, OWNER, 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, OWNER will determine the extent of the delay, the effect of the delay on the work as a whole, and any commensurate extension of time. OWNER shall arrange meetings with other contractors performing work on behalf of OWNER to plan coordination of construction activities. Any difference or conflict arising between CONTRACTOR and any other contractor employed by OWNER shall be submitted to OWNER for a decision in the matter. CONTRACTOR shall comply with reasonable direction from OWNER 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
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WASTEWATER TREATMENT PLANT UV DISINFECTION IMPROVEMENTS GC 30 contractors, OWNER, OWNER or OWNER. 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 OWNER or OWNER 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 OWNER 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 OWNER shall issue all written communications to CONTRACTOR through OWNER.
8.3 PAYMENTS - OWNER shall make payments to CONTRACTOR as provided in Article 14.
8.4 LANDS, EASEMENTS AND SURVEYS - OWNER’s duties in respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in Article 4. OWNER shall identify and make available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and in existing structures which have been utilized in preparing the Contract Documents as set forth in Article 4.
8.5 CHANGE ORDERS - OWNER shall execute Change Orders as indicated in Article 10.
8.6 INSPECTIONS AND TESTS - OWNER’s responsibility with respect to inspections, tests and approvals is set forth in Article 13.
8.7 SUSPENSION OF WORK - In connection with OWNER’s right to stop work or suspend work, see Articles 13 and 15.
8.8 TERMINATION OF AGREEMENT - Article 15 deals with OWNER’s right to terminate services of CONTRACTOR.
8.9 OWNER’S RESPONSIBILITY FOR UNDISCLOSED HAZARDOUS MATERIALS - OWNER’S responsibility with respect to undisclosed Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Materials uncovered or revealed at the site is set forth in Article 4.
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8.10 NO OWNER SUPERVISION INTENDED - Neither OWNER nor OWNER 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 OWNER will not be responsible for CONTRACTOR’s failure to perform or furnish the WORK in accordance with the Contract Documents.
ARTICLE 9 -- OWNER’S STATUS DURING CONSTRUCTION
9.1 GENERAL
9.1.1 OWNER’S REPRESENTATIVE - OWNER will be OWNER’s representative during the construction period. The duties and responsibilities and the authority of OWNER as OWNER 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 OWNER 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 OWNER 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 - OWNER 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. OWNER will not supervise, direct or have control over CONTRACTOR’s work.
9.3 CONTRACT DOCUMENT CLARIFICATIONS AND INTERPRETATIONS - OWNER 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 OWNER 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 - OWNER may authorize minor variations in the WORK, (not resulting in changes to the Contract Price or Contract Time), which are consistent
City of El Centro
WASTEWATER TREATMENT PLANT UV DISINFECTION IMPROVEMENTS GC 32 with the intent of the Contract Documents. These may be accomplished by a OWNER Order. If CONTRACTOR believes that a OWNER 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 OWNER’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, OWNER has the authority to enforce compliance with the Plans and Specifications. CONTRACTOR shall promptly comply with instructions from OWNER 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 OWNER shall be precedent to any payment under the Agreement, unless otherwise ordered by OWNER. OWNER will recommend final acceptance to OWNER.
9.6 REJECTING DEFECTIVE WORK - OWNER will have authority to reject work which OWNER determines to be defective, or not in compliance with the Contract Documents or that OWNER or OWNER 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. OWNER 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 OWNER’s responsibilities as to Change Orders, see Articles 10, 11, and 12.
9.9 PAYMENTS In connection with OWNER’s responsibility as to Applications for Payment, see Article 14.
9.10 FINAL APPLICATION FOR PAYMENT - OWNER’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.
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9.11 DECISIONS ON DISPUTES
9.11.1 Interpreter Of Contract Documents - OWNER 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 OWNER. The process to be followed is described in Article 16.
9.12 OWNER LIABILITY FOR INTERPRETATION - When functioning as interpreter under Article 9, OWNER will not show partiality to OWNER, OWNER 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 OWNER 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 OWNER’S RESPONSIBILITIES
9.13.1 No Duty Arising Out Of Act Or Decision - Neither OWNER’s authority to act under this Article 9 or other provisions of the Contract Documents, nor any decision made by OWNER in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of OWNER 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 - OWNER 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. OWNER will not be responsible for CONTRACTOR’s failure to perform the WORK in accordance with the Contract Documents.
9.13.3 CONTRACTOR Acts Or Omissions - OWNER 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 OWNER 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 OWNER. If the method will result in a cost saving, an appropriate deductive change will be required.
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10.1.2 Specified Methods - Changes in specified methods of construction may be made at CONTRACTOR’s request when approved in writing by OWNER. 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 OWNER 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, OWNER will issue a Request for Proposal to CONTRACTOR. CONTRACTOR will be required to respond within the time indicated by OWNER or fifteen (15) Days, whichever is less. If CONTRACTOR fails to meet the submittal time required by this provision, CONTRACTOR will be solely liable for any delays or impacts caused by the delayed submittal of the proposal.
10.3 REQUIREMENT TO PROCEED WITH WORK - If OWNER and CONTRACTOR agree on the value of any work, and the amount of Contract Time that should be allowed as a result of CONTRACTOR’s response to a Request for Proposal, CONTRACTOR shall proceed as directed by OWNER so as to minimize the impact on and delays to the work pending the issuance of a Change Order. If however, OWNER and CONTRACTOR are unable to agree as to the extent of an increase or decrease in the Contract Price or an extension or shortening of the Contract Time that should be allowed as a result of CONTRACTOR’s response to a Request for Proposal, OWNER can direct CONTRACTOR to proceed on the basis of a price for the WORK as estimated by OWNER 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.
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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
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
City of El Centro
WASTEWATER TREATMENT PLANT UV DISINFECTION IMPROVEMENTS GC 36 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 OWNER 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 OWNER’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
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
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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.
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 OWNER.
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.
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11.3.3.4 If in the opinion of OWNER 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 OWNER. CONTRACTOR may furnish cost data which might assist OWNER in the establishment of the rental rate.
11.3.4.1 All equipment shall, in the opinion of OWNER, 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 OWNER, in duplicate, a description of the equipment and its identifying number and the scheduled work activities planned.
11.3.4.3 Unless otherwise specified, manufacturer’s ratings and manufacturer-approved modifications shall be used to classify equipment for the determination of applicable rental rates.
Equipment which has no direct power unit shall be powered by a unit of at least the minimum rating recommended by the manufacturer.
11.3.5 Rental Equipment
11.3.5.1 The rental time to be paid for equipment on the work site shall be the time the equipment is in productive operation on the extra work being performed and, in addition, shall include the time required to move the equipment to the location of the extra work and return it to the original location or to another location requiring no more time than that required to return it to its original location; except, that moving time will not be paid if the equipment is used on other than the extra work, even though located at the site of the extra work.
11.3.5.2 Rental time will not be allowed while equipment is inoperative due to breakdowns.
11.3.5.3 Computation Method - The following shall be used in computing the rental time of equipment on the work site.
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WASTEWATER TREATMENT PLANT UV DISINFECTION IMPROVEMENTS GC 39
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 OWNER 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 OWNER.
11.3.7.2 All invoices for special services will be adjusted by deducting all trade discounts offered or available, whether the discounts were taken or not. In lieu of the allowances for overhead and profit specified in this Article, herein, an allowance of fifteen (15) percent will be added to invoices for special services.
11.3.8 Excluded Costs - The term “cost of the work” shall not include any of the following costs:
11.3.8.1 Overhead Cost - Payroll costs and other compensation of CONTRACTOR’s officers, executives, principals (of partnership and sole proprietorships) general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR’s principal office, a branch office or material yard and shop for general administration of the Work or not specifically covered by this Article all of which are to be considered administrative costs covered by CONTRACTOR’s allowance for overhead and profit.
11.3.8.2 Office Expense - Expenses of CONTRACTOR’s principal and branch offices.
11.3.8.3 Capital Expenses - Any part of CONTRACTOR’s capital expenses, including interest on CONTRACTOR’s capital employed for the WORK and charges against CONTRACTOR for delinquent payments.
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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 OWNER. The form must be completely filled out based on the provisions of this Article and signed by CONTRACTOR and OWNER 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 OWNER. Delay in submitting the form beyond seven (7) Days will result in OWNER’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
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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 OWNER 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 OWNER 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 OWNER.
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.
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 OWNER’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
City of El Centro
WASTEWATER TREATMENT PLANT UV DISINFECTION IMPROVEMENTS GC 42 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 OWNER, 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 OWNER 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 OWNER allows an additional period of time to ascertain more accurate data in support of the request) and shall be accompanied by CONTRACTOR’S written statement that the adjustment requested is the entire time adjustment to which CONTRACTOR has reason to believe it is entitled as a result of the occurrence of said event. An increase in Contract Time does not mean that CONTRACTOR is due an increase in Contract Price.
12.1.2 CONTRACTOR Required Analysis - An extension in Contract Time will not be granted unless CONTRACTOR can demonstrate through an analysis of the Critical Path Method Progress Schedule critical path that the increases in the time to perform or complete the WORK, or specified part of the WORK, beyond the corresponding Contract Time arise from unforeseeable causes beyond the control and without the fault or negligence of both CONTRACTOR and his Subcontractors, Suppliers or other persons or organizations, and that such causes in fact lead to performance or completion of the WORK, or specified part in question, beyond the corresponding Contract Time, despite CONTRACTOR’s reasonable and diligent actions to guard against those effects.
12.1.3 OWNER’s Right To Grant Time Extension - OWNER may elect, at its sole discretion, to grant an extension in Contract Time, without CONTRACTOR’s request, because of delays or other factors.
12.2 TIME IS OF THE ESSENCE - With regard to all Milestones and all time limits stated in the Contract Documents, time is of the essence.
12.3 CRITERIA FOR DETERMINING ADJUSTMENTS IN CONTRACT TIME
12.3.1 Use Of Float and Critical Path - Use of float is in accordance with the SPECIAL PROVISIONS.
12.3.2 Types Of Delays Beyond CONTRACTOR’s and OWNER’S Control - Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners, fires, floods, epidemics, abnormal weather conditions, labor
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WASTEWATER TREATMENT PLANT UV DISINFECTION IMPROVEMENTS GC 43 slowdowns and strikes or acts of God. CONTRACTOR must provide OWNER 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 OWNER written notice of the potential delay within twenty-four (24) hours of the occurrence.
12.5 EXTENSIONS OF TIME FOR DELAY DUE TO WEATHER - An inclement weather delay is defined as a delay caused by inclement weather which prevents CONTRACTOR from working on the controlling item in CONTRACTOR’s construction schedule. Should CONTRACTOR experience inclement weather delays over the course of contract duration in excess of the number of Days outlined in the Supplementary General Conditions, CONTRACTOR shall be granted a time extension in accordance with the provisions outlined in this Article. The time extension shall be based on the number of inclement weather Days in excess of the number of Days outlined in the Supplementary General Conditions.
12.5.1 Extension of Time For Delays due to Weather Damage - If, however, in the opinion of OWNER, 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, OWNER, their consultants, Sub-Consultants other representatives and personnel of OWNER, independent testing