61 11. Payroll Records; Retention; Inspection; Noncompliance Penalties; Rules and Regulations: (a) Each contractor and subcontractor shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
(1) The information contained in the payroll record is true and correct. (2) The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by his or her employees on the public works project. (b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the contractor on the following basis:
(1) A certified copy of an employee’s payroll record shall be made available for inspection or furnished to the employee or his or her authorized representative on request. (2) A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to a representative of the body awarding the contract and the Division of Labor Standards Enforcement of the Department of Industrial Relations. (3) A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request by the public for inspection or for copies thereof. However, a request by the public shall be made through either the body awarding the contract or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph (2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by the contractor, subcontractors, and the entity through which the request was made. The public may not be given access to the records at the principal office of the contractor. (c) Unless required to be furnished directly to the Labor Commissioner in accordance with paragraph (3) of subdivision (a) of Section 1771.4, the certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the division. The payroll records may consist of printouts of payroll data that are maintained as computer records, if the printouts contain the same information as the forms provided by the division and the printouts are verified in the manner specified in subdivision (a).
(d) A contractor or subcontractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested the records within 10 days after receipt of a written request. (e) Except as provided in subdivision (f), any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the awarding body or the Division of Labor Standards Enforcement shall be marked or obliterated to prevent disclosure of an individual’s name, address, and social security number. The name and address of the contractor awarded the contract or the subcontractor performing the contract shall not be marked or obliterated. Any copy of records made available for inspection by, or furnished to, a multiemployer Taft-Hartley trust fund (29 U.S.C. Sec. 186(c)(5)) that requests the records for the purposes of allocating contributions to participants shall be marked or obliterated only to prevent disclosure of an individual’s full social security number, but shall provide the last four digits of the social security number. Any copy of records made available for inspection by, or furnished to, a joint labor-management committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall be marked or obliterated only to prevent disclosure of an individual’s social security number.
62 (f) An employer shall not be liable for damages in a civil action for any reasonable act or omission taken in good faith in compliance with this subdivision. (g) The contractor shall inform the body awarding the contract of the location of the records enumerated under subdivision (a), including the street address, city, and county, and shall, within five working days, provide a notice of a change of location and address. (h) The contractor or subcontractor has 10 days in which to comply subsequent to receipt of a written notice requesting the records enumerated in subdivision (a). In the event that the contractor or subcontractor fails to comply within the 10-day period, he or she shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due. A contractor is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor to comply with this section.
(i) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section.
12. Cultural Resources: The Contractor’s attention is directed to the provisions of the Clean Water Grant Program Bulletin 76A which augments the National Historic Preservation Act of 1966 (16 U.S.C. 470) as specified under section 01560, “Temporary Environmental Controls” of the General Requirements.
13. Protection of Workers In Trench Excavations: As required by Labor Code §6705 and in addition thereto, whenever work under the Contract involves the excavation of any trench or trenches five (5) feet or more in depth, the Contractor shall submit for acceptance by the City or by a registered civil or structural engineer, employed by the City, to whom authority to accept has been delegated, in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation, of such trench or trenches. If such plan varies from the shoring system standards established by the Construction Safety Orders of the Division of Industrial Safety, the plan shall be prepared by a registered civil or structural engineer employed by the Contractor, and all costs therefore shall be included in the price named in the Contract for completion of the work as set forth in the Contract Documents. Nothing in this section shall be deemed to allow the use of a shoring, sloping, or other protective system less effective than that required by the Construction Safety Orders. Nothing in this section shall be construed to impose tort liability on the City, the Construction Manager, the Design Consultant or any of their officers, agents, representatives, or employees.
14. Travel and Subsistence Pay:
a) As required by Labor Code §1773.1, the Contractor shall pay travel and subsistence payments to each worker needed to execute the work, as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with this section. b) To establish such travel and subsistence payments, the representative of any craft, classification or type of worker needed to execute the contracts shall file with the Department of Industrial Relations fully executed copies of collective bargaining agreements for the particular craft, classification or type of work involved. Such agreements shall be filed within ten (10) days after their execution and thereafter shall establish such travel and subsistence payments whenever filed thirty (30) days prior to the call for bids.
63 15. Removal, Relocation or Protection to Existing Utilities:
a) In accordance with the provisions of Government Code §4215, any contract to which a public agency as defined in Government Code §4401 is a party, the public agency shall assume the responsibility, between the parties to the contract, for the timely removal, relocation, or protection of existing main or trunkline utility facilities located on the site of any construction project that is a subject of the contract, if such utilities are not identified by the public agency in the plans and specifications made a part of the invitation for bids. The agency will compensate Contractor for the costs of locating, repairing damage not due to the failure of the Contractor to exercise reasonable care, and removing or relocating such utility facilities not indicated in the plans and specifications with reasonable accuracy and for equipment on the project necessarily idled during such work.
b) The Contractor shall not be assessed liquidated damages for delay in completion of the project, when such delay was caused by the failure of the public agency or the city of the utility to provide for removal or relocation of such utility facilities. c) Nothing herein shall be deemed to require the public agency to indicate the presence of existing service laterals or appurtenances when the presence of such utilities on the site of the construction project can be inferred from the presence of other visible facilities, such as buildings, meter and junction boxes, on or adjacent to the site of construction; provided, however, nothing herein shall relieve the public agency from identifying main or trunklines in the plans and specifications.
d) If the Contractor while performing the contract discovers utility facilities not identified by the public agency in the contract plans or specifications, he shall immediately notify the public agency and utility in writing.
e) The public utility, where they are the City, shall have the sole discretion to perform such repairs or relocation work or permit the Contractor to do such repairs or relocation work at a reasonable price.
16. Contractor License Requirements: In accordance with Business and Professions Code §7028.15, a licensed contractor shall not submit a bid to a public agency unless his or her contractor’s license number appears clearly on the bid, and the license expiration date is stated.
Any bid not containing this information, or a bid containing information which is subsequently proven false, shall be considered nonresponsive and shall be rejected by the public agency.
17. Prohibiting Work by Certain Contractors: Pursuant to the provisions in Labor Code §§1777.1 and 1777.7, the Labor Commissioner publishes and distributes a list of contractors ineligible to perform work as a subcontractor on a public works project. This list of debarred contractors is available from the Department of Industrial Relations web site at:
http://www.dir.ca.gov/DLSE/Debar.html.
END OF CALIFORNIA STATE REQUIREMENTS
END OF SUPPLEMENTARY GENERAL CONDITIONS
64 SPECIFICATIONS
1.01 STANDARD SPECIFICATIONS Unless indicated otherwise, the work embraced herein shall be done in accordance with the appropriate provisions of construction details as shown in the specifications entitled “GREEN BOOK Standard Specifications for Public Works Construction”, the latest edition, insofar as the same may apply, which specifications are hereinafter referred to as the Standard Specifications and in accordance with the following provisions:
In case of conflict between the Standard Specifications and these General Conditions and Specifications, the General Conditions and Specifications shall take precedence over and be used in lieu of such conflicting portions.
1.02 SCOPE OF WORK:
This work shall consist of: General demolition including saw cutting of concrete and asphalt, demolition of concrete sidewalks, curbs gutters, driveways, curb ramps, alley approaches and demolition of street areas along with associated construction waste disposal. Construction work will include installation of new sidewalks, curbs, gutters, alley approaches, curb ramps and driveways, along with AC joiner strips, and survey monument preservation. Relocation of traffic signs and raising of utility valves may also be required. Temporary traffic control shall be provided. Work shall comply with the form and dimensions as shown on the plans and as specified in these specifications and the special provisions
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65 SPECIAL PROVISIONS
1.00 ORDER OF WORK
Prior to commencement of any work on the project, a preconstruction conference will be held at the City Engineer's Office for the purpose of review and discussion of progress schedule and construction procedures. At the discretion of the Engineer, periodic meetings involving project personnel (Contractor, utility and others) will be held for the purpose of coordinating project activities.
The first order of work shall be to install the project signs and construction information signs ten (10) working days prior to the start of work.
At least one lane in each direction shall remain open at all times on public roadways unless otherwise approved on a Traffic Control Plan.
Attention is directed to "Traffic Control" of these Special Provisions.
At the end of each working day, if a difference in excess of 75 mm (0.25 ft.) exists between the elevation of the existing pavement and the elevation of any excavation within 1.5 m (5 ft.) of the traveled way, material shall be placed and compacted against the vertical cuts adjacent to the traveled way. During excavation operations, native material may be used for this purpose; however, once the placing of the structural section commences, structural material shall be used. The material shall be placed to the level of the elevation of the top of existing pavement and tapered at a slope of 1:4 (vertical: horizontal) or flatter to the bottom of the excavation. Treated base shall not be used for the taper.
Full compensation for placing the material on a 1:4 slope, regardless of the number of times it is required, and subsequent removing or reshaping of the material to the lines and grades shown on the Plans shall be considered as included in the Contract price paid for the materials involved and no additional compensation will be allowed therefore.
No payment will be made for material placed in excess of that required for the structural section.
The new Asphalt Concrete (AC) pavement shall not be placed until all underlying conduits have been installed. Final striping (second coat) shall not be placed until all final AC paving has been completed and deemed acceptable by the Inspector. This does not alleviate the Contractor from any final punch listed items of correctness for the pavement or striping.
Full compensation for conforming to these requirements will be considered included in the prices paid for the various contract items of work and no additional compensation will be allowed therefor.
1.02 STARTING AND COMPLETION OF WORK - The Contractor shall begin work within ten (10) working days after receiving "Notice to Proceed" from the City Clerk, and shall diligently prosecute the work to completion before the expiration of Four hundred and sixty (460) calendar days from the "date of beginning" as stated in the Notice to Proceed".
66 1.03 FAILURE TO COMPLETE ON TIME AND LIQUIDATED DAMAGES - (See General Conditions 1-19). It is agreed by the parties of the contract that in case of all work called for under the contract is not completed before or upon the expiration of the time limits set forth in these Special Provisions, damage will be sustained by the City of El Centro and that it will be impracticable to determine the actual damage by which the City will sustain in the event of and by reason of such delay and it is therefore agreed that the Contractor will pay to the City of El Centro the sum of one thousand two hundred fifty dollars ($1250.00) day for each and every day's delay beyond the time prescribed to complete the work.
2.00 NOT USED
3.00 CONSTRUCTION AREA SIGNS
The Contractor shall furnish, install, maintain, and remove all construction area signs in conformance with the plans and Sections 12-3.06 of the State of California Department of Transportation (Caltrans) Standard Specifications, latest edition.
4.00 DUST CONTROL
Dust control shall be performed in accordance with Subsection 7-8.1, "Clean up and Dust Control," of the Standard Specifications, Imperial County Air Pollution Control District (ICAPCD) Rules 800, 801, 802, 803, the general Provisions and the following Provision.
Dust resulting from the Contractor’s performance of the work, either inside or outside, the right-of-way shall be controlled by the Contractor. Dust control includes the action necessary to prevent, reduce or control dust within the work area as required to complete the work. The Contractor shall carry out proper and efficient measures to prevent his operations from producing dust in amounts damaging to property or causing a nuisance, or harm to persons living nearby or occupying buildings in the vicinity of the work. The Contractor shall control dust 24 hours a day, seven days a week. The methods to be used for controlling dust in the construction area and along haul roads shall be approved by the Engineer prior to starting any work.
Dust or dirt accumulations generated by the Contractor’s operations shall be cleaned and removed by the Contractor from all areas as designated by the Engineer. The cost for cleaning and removal of dust or dirt shall be at the Contractor’s expense and no additional compensation will be made therefore.
Water for use in dust control shall, at the option of the Contractor, be potable or nonpotable. Non-potable water shall consist of reclaimed waste water or non-potable water developed from other sources.
If the Contractor uses reclaimed waste water in the work, the sources and discharge of reclaimed waste water shall meet the California Department of Health Services Water Reclamation Criteria and the Regional Water Quality Control Board requirements. The
67 Contractor shall obtain either a waste water discharge permit or a waiver from the Regional Water Quality Control Board. Copies of permits or waivers from the Regional Water Quality Control Board shall be delivered to the engineer before using reclaimed waste water in the work.
Water shall be applied in the amounts, at the locations, and for the purposes designated in the Special Provision and these Specifications, and as order by the Engineer.
Water for compacting embankment material, sub-base, base and surfacing material, and for laying dust, shall be applied by means of pressure-type distributors or pipe lines equipped with a spray system or hoses with nozzles that will ensure a uniform application of water.
All equipment used for the application of water shall be equipped with a positive means of shut-off.
Unless otherwise permitted by the Engineer or unless all the water is applied by means of pipe lines, at least one mobile unit with a minimum capacity of 3700 L (1,000 gallons) shall be available for applying water on the project at all times.
Chemical additives or binder may be used in water for compaction or dust palliative. If such additives are used, furnishing and applying the additives shall be at the Contractor’s expense.
The right is reserved by the Engineer to prohibit the use of a particular type of additive, to designate the locations where a particular type of additive may not be used, or to limit the amount of a particular type of additive to be used at certain locations, all if the Engineer has reasonable ground for believing that such use will in any way be detrimental.
The additive or binder shall be either miscible in water or be some form of material that is directly applied to the surface without mixing with water.
Additives or binders that are miscible in water shall be either a resin emulsion, an SS1 type asphaltic emulsion, materials composed essentially of lignin sulfonate, or any other binder that is miscible in water in the proportions provided herein is non-corrosive, and is effective as a dust palliative.
Resin emulsion shall be composed of from 57 percent (57%) to 63 percent (63%) of semi-liquid petroleum resin and the remainder water to which a suitable emulsifying agent has been added. The resin emulsion shall be readily miscible with water and when diluted with any hard water in the proportions of one part of emulsion to 10 parts water shall show no signs of breakdown or separation of the petroleum resin base.
Resin emulsion, which has been stored in closed containers at temperatures above freezing for a period up to 3 months, shall show no signs of separation. Any resin emulsion which has been stored for more than 3 months shall not be used until tested and approved.
SS1 type asphaltic emulsion shall conform to the provisions in Subsection 203-3,
68 "Emulsified Asphalt."
Additives or binders that are miscible in water shall be mixed with additional water at the rate of from 4 to 19 parts of water to one part of binder, the exact rate to be determined by the Engineer. Mixing shall be accomplished by placing the binder and water in the spreading equipment simultaneously or by some other mixing method that will produce equivalent results.
The resulting mixture shall be applied with pressure type water distributor trucks equipped with a spray system or pressure type asphalt distributors at an approximate rate of from 0.9- to 3.6 L/m2. (O.2 to 0.8 gallon on per square yard) Additives or binders that are directly applied to the surface without mixing with water shall be applied with equipment approved by the Engineer. The binder shall be applied at a rate of from 0.4- to 1.1L/m2. (0.10 to 0.25 gallons per square yard) The exact rate and number of applications of binders will be determined by the Engineer.
Dust control ordered by the Engineer to be applied on Saturdays, Sundays or holidays will be included in the Contract price for dust control and no additional compensation will be allowed therefore.
No adjustment of compensation will be made for any increase or decrease in the quantity of dust control required, regardless of the reason for such increase or decrease.
The full compensation for all direct and indirect costs incurred for work performed or materials used to control dust resulting from the Contractor’s performance of the work and caused by public traffic, either inside or outside the right-of-way shall be considered as included in the Contract prices paid for the various items of work involved and no additional compensation will be allowed therefore.
5.00 NOT USED
6.00 COOPERATION AND COLLATERAL WORK
Cooperation shall be in accordance with Subsection 5-6, "Cooperation," and Subsection 7-7, "Cooperation and Collateral Work," of the Standard Specifications and these Special Provisions.
The Contractor shall be responsible for ascertaining the nature and extent of any simultaneous, collateral, and essential work by others and coordinating with the work by others. The City, other contractors and utilities shall have the right to operate within or adjacent to the work site during the performance of such work.
Should construction be under way by other forces or by other contractors within or adjacent to the limits of the work specified or should work of any other nature be under
69 way by other forces within or adjacent to those limits, the Contractor shall cooperate with all the other contractors or other forces to the end that any delay or hindrance to their work will be avoided. The right is reserved to perform other or additional work at or near the site (including material sources) at any time, by the use of other forces.
Each contractor shall be responsible to the other for all damage to work, to persons or property caused to the other by their operations, and for loss caused the other due to unnecessary delays or failure to finish the work within the time specified for completion.
The Contractor shall include in its bid all costs involved as a result of coordinating its work with others. The Contractor will not be entitled to additional compensation from the City for damages resulting from such simultaneous, collateral, and essential work. If necessary to avoid or minimize such damage or delay, the Contractor shall re-deploy its work force to other parts of the work.
It is anticipated that some or all of the existing utilities will be relocated during construction. The Contractor is to coordinate its work with the utility companies and with any other utility relocating their facilities, at no separate or additional cost.
Should the Contractor be delayed by the City, and such delay could not have been reasonably foreseen or prevented by the Contractor, the Engineer will determine the extent of the delay, the effect on the project, and any extension of time. Should any agency or utility company’s work result in delays to the Contractor’s work schedule, the Contractor shall be entitled only to an equivalent extension of time for the completion of the contract, and shall not be entitled to damages due to downtime and idled equipment or additional payments over and above the agreed upon unit prices.
Compensation for compliance with all collateral work shall be considered as being included in the various Contract items in the bid schedule and no additional compensation will be allowed therefore.
7.00 TRAFFIC CONTROL
Traffic controls, including but not limited to, vehicular and pedestrian traffic controls, maintenance of vehicular and pedestrian access, detours, and street closures shall be in accordance with the Special Provisions; Traffic Control Plans; Manual on Uniform Traffic Control Devices (MUTCD) for Streets and Highways, 2003 Edition, California Supplemental Part 6 Temporary Traffic Control; Subsection 7-10, of the current "Standard Specifications for Public Works Construction," including all its subsequent amendments. Nothing in the Special Provisions shall be construed as relieving the Contractor from his or her responsibility to provide for the safety and convenience of traffic and the public during construction.
In the event of conflict, the order of precedence shall be as follows:
1. Special Provisions
2. Traffic Control Plans
3. MUTCD 2003, California Supplement Part 6, Temporary Traffic Control
4. MUTCD for Streets and Highways, 2003 Edition, Part 6 Temporary Traffic
70 Control
5. Standard Specifications
Traffic Control shall be in accordance with the following Special Provisions:
1. All streets shall remain open to through traffic at all times except when street closure is approved by the Engineer. The Contractor shall make provisions to allow local traffic access to the closed streets. The local traffic consists of, but is not limited to, residences, church congregations, farmers, post offices, meter readers, trash pickup, school buses, and emergency vehicles. The Contractor shall provide a smooth travel way and either a flagger and/or signing to direct traffic.
2. The Contractor shall be responsible for the preparation of Traffic Control Plans (TCP’s) as necessary for the work. The Traffic Control Plans shall be prepared by a Contractor that is qualified and licensed to perform traffic control. The TCP’s must be transmitted to the City for approval no later than fourteen (14) calendar days prior to the scheduled commencement of work. The City may require TCP’s to be signed and stamped by a California Registered Traffic Engineer. Comments and corrections from the City shall be returned to the Contractor within five (5) working days. The Traffic Control Plans shall conform to the requirements listed in these Technical Provisions; MUTCD 2003, California Supplement Part 6, Temporary Traffic Control; Manual on Uniform Traffic Control Devices for Streets and Highways, 2003 Edition, Part 6 Temporary Traffic Control; and the Standard Specifications.
3. All traffic controls and safety devices, equipment and materials, including but not limited to cones, channelizers, delineators, flashing warning lights, barricades, high level warning devices (telescoping flag trees), flags, signs, markers, portable barriers, temporary railing (Type-K), temporary fencing, flashing arrow signs, changeable message sign, markings, and flagging equipment shall be provided and maintained in “like new” condition.
4. The Contractor shall furnish and properly install, construct, erect, use and continuously inspect and maintain, twenty-four (24) hours per day, seven (7) days per week, which includes holidays, all said devices, equipment and materials and all temporary and permanent pedestrian and driving surfaces as necessary to provide for the safety and convenience of, and to properly warn, guide, control, regulate, channelize and protect the vehicular traffic, pedestrian traffic, project workers, and the public throughout the entire limits of the work activity and beyond said limits as necessary to include areas affecting or affected by the work, from the date of Notice to Proceed to the completion and acceptance of the work.
5. High-level warning devices (telescoping flag trees) are required at all times for work being performed within the roadway unless otherwise specifically approved by the Engineer.
6. All barricades shall be equipped with flashing warning lights, and all traffic cones shall be no less than 711mm (28“) in height, except that shorter cones, 305 mm (12“) minimum height, may be permitted during striping maintenance operations where the only function of the cone is to protect the wet paint from the traffic.
71 The entire area of orange and white stripes for barricades shall be Type I, engineering grade, or Type II, super engineering grade, retro-reflective sheeting conforming to the requirements of ASTM Designation: D 4956-95.
7. Type III barricades, no less than 1.83 m (6’) in length and equipped with two (2) Type “N” markers each and two (2) portable flashing beacons each, shall be used to close streets, except as otherwise specifically approved by the Engineer for minor maintenance work of no more than one (1) working day’s duration, on weekdays, or on holidays only, and limited to the hours between 8:30 a.m. and 3:30 p.m. Said barricades shall be placed across the full roadway at each point of closure with the distance between barricades, or between barricades and curbs, not exceeding 914 mm (3’) except that one (1) 3.3 m (11’) wide gap between barricades shall be provided at the center of the street. Barricades to the right of the street’s center, facing the inbound vehicular traffic, shall also be equipped with one (1) Type C2 “Road Closed” sign, one (1) Type C3A, “Road Closed to Thru Traffic,” sign, and a Type P warning sign.
8. Channelizers shall be surface mounted type and shall be furnished, placed and maintained at the locations shown on the Plans or as approved by the Engineer, and shall conform to the provisions in Subsection 12-3.07, “Channelizers,” of the State of California Standard Specifications and these Special Provisions.
When no longer required for the work as determined by the Engineer, channelizers (except channelizers to be left in place), and underlying adhesive used to cement the channelizer bases to the pavement, shall be removed. Removed channelizers and adhesive shall become the property of the Contractor and shall be removed from the site of work.
9. Reflectorized (both sides) temporary self-adhesive markers, 100mm (4in) wide, shall be applied to unstriped pavement surface before opening the travel way to public traffic. Reflectorized temporary yellow markers shall be used for to delineate the centerline to separate opposing traffic. Reflectorized temporary white markers shall be used to delineate lanes of travel and placed in 600mm (24in) intervals transverse to the road to delineate stop bars and limit lines.
The reflectorized temporary markers shall be removed the same day the first coat of striping has been placed on the pavement. The removal of the markers shall be done such a way that the pavement is not damaged.
10. Except as otherwise approved by the Engineer, two-way vehicular traffic shall be maintained at all times within two (2) 3.3m (11’) wide lanes on streets having an effective roadway width of 13.4 m (44’) or more with restricted parking. Other streets of lesser widths may be reduced to one (1) 3.6 (12’) wide lane with work activity being limited to one side at a time, and the one-way vehicular traffic being maintained at all times by properly trained and experienced flaggers. All lane closures shall have flashing arrow signs to provide additional, high level, advanced warning.
No reduction of the traveled way width shall be permitted on any City Street before 8:30 a.m. nor after 3:30 p.m., on weekends or holidays, or when active work is
72 not being done, unless otherwise approved by the Engineer.
11. Properly trained and experienced flaggers shall be provided to direct traffic when said traffic is to be interrupted, when two-way traffic is to be reduced to one-way traffic, and at other such times as is necessary to safely pass traffic through or around the work area and when so directed by the Engineer.
12. Vehicular access to occupied residential property may be restricted on weekdays, other than holidays, between the hours of 8:30 a.m. and 3:30 p.m. while essential work activity is taking place only upon approval by the Engineer and providing the Contractor gives the property owner or resident at least forty-eight (48) hours advance written and oral notice.
Convenient and safe pedestrian access to schools, churches, occupied residential and business property shall be maintained at all times. Access to mailboxes shall be maintained at all times such that the postal delivery service is not interrupted. Trash pick-up services shall not be interrupted. Access to vacant and unused property may be restricted when approved by the Engineer. Both vehicular and pedestrian access shall be maintained at all times to all other property except as otherwise specifically authorized in writing by the Engineer.
13. Vehicular access to business, school and church driveways shall be maintained at all times during construction.
14. Traffic control and safety devices and equipment being used that becomes damaged, destroyed, faded, graffitied, encrusted, soiled, misplaced, worn out, inoperative, lost, or stolen shall be promptly repaired, refurbished, or replaced. Traffic control and safety devices and equipment being used, that are displaced or not in an upright position from any cause, shall be promptly returned or restored to their proper position.
15. An unobstructed view of all signs and warning devices including, but not limited to, stop signs, stop ahead signs, street name signs, and other regulatory, warning and construction signs, markers, and warning devices shall be maintained at all times. All speed limit signs shall be black on white with signs at either end of the project notifying the motoring public that fines are doubled in construction zones. No trucks or other equipment or materials shall be stopped, parked, or otherwise placed so as to obscure said signs, markers and devices from the view of the vehicular and pedestrian traffic to which it applies.
16. When entering or leaving roadways carrying public traffic, the Contractor’s equipment, whether empty or loaded, shall yield to said public traffic at all times, except where the traffic is being controlled by police officers, fire officers, properly trained and experienced flaggers, or at traffic signalized intersections.
17. Stockpiling or storage of materials on any public right-of-way or parking area will not be allowed without the specific written permission of the Engineer. Materials spilled along or on said right-of-way or parking area shall be removed completely and promptly.
All stockpile and storage areas shall be maintained in a safe, neat, clean, and orderly
73 condition, and shall be restored to equal or better than original condition upon completion of the work.
18. On projects involving work on, closure of, or partial closure of existing streets, and where vehicular access to the abutting property must be restricted, the work shall be so selected, arranged and scheduled that the person(s) requiring access to said abutting property and residents along said streets affected will be able to park within a reasonable distance of not more than 150m (500’) from their homes or destination. In addition, no two adjoining streets shall be closed at the same time, except as otherwise approved by the Engineer. Residents must be given written notice of such restrictions a minimum of 48 hours in advance.
19. When work has been completed on a particular street or has been suspended or rescheduled, and said street is to be opened to vehicular traffic, all equipment, “NO PARKING” signs, other obstructions, and unnecessary traffic control devices and equipment shall be promptly removed from that street, except as otherwise approved by the Engineer.
20. Should the Contractor be neglectful, negligent, or refuse, fail, or otherwise be unavailable to promptly, satisfactorily, and fully comply with the provisions specified and referred to herein above, the City reserves the right to correct or mitigate any situation, that in the sole opinion of the Engineer, constitutes a serious deficiency or serious case of noncompliance, by any means at its disposal at the Contractor’s or permittee’s expense, and shall deduct the cost therefore from the Contractor’s progress or final payments. Such corrective action taken by the City shall not reduce or abrogate the Contractor’s legal obligations and liability for proper traffic control and safety measures and shall not serve to transfer said obligations and liabilities from the Contractor to the City or the City’s agents.
21. Violations of any of the above Provisions or provisions of the referenced publications, unless promptly and completely corrected to the satisfaction of the Engineer, shall, at the sole discretion of the City, be grounds for termination of the Contract, or shut down or partial shutdown of the work, without compensation to the Contractor or permittee, or liability to the City, all as prescribed by contractual obligation or State law, whichever is applicable.
7.01 ADDITIONAL TRAFFIC CONTROL REQUIREMENTS
The Contractor shall provide a Traffic Control Plan for the work within the City right of way and travel ways for approval no later than fourteen (14) days prior to the scheduled commencement of work.
Comments and corrections shall be returned to the Contractor within five (5) working days. The Traffic Control Plan shall be submitted on 610 mm x 914 mm (24” x 36”) blueprints and conform to the following requirements listed in this section.
The Traffic Control Plans as approved by the City shall be the minimum requirements for traffic control in accordance with the MUTCD (Manual for Uniform Traffic Control Devices). The Traffic Control Plans do not preclude the Contractor from providing
74 additional traffic control. Plans for traffic control must be submitted by a Contractor that is licensed and qualified to perform traffic control within the State of California. The City may require the Contractor’s traffic control plans to be signed by a licensed Civil Engineer at the Contractor’s expense.
If the Contractor elects to modify the Traffic Control Plans, the Contractor shall submit the revised Traffic Control Plans that are consistent with latest edition of the California MUTCD. Changes to the plans must be submitted to the City for approval no later than fourteen (14) calendar days prior to the scheduled commencement of work.
Comments and corrections will be returned to the Contractor within five (5) working days.
The revised Traffic Control Plan shall be submitted on 610 mm x 914 mm (24" x 36") blueprints, indicating the traffic handling and control requirements for the different types of work to be performed, including advance construction signs. The Contractor shall be responsible for the preparation of Plans as necessary for specific items of work.
The revised Traffic Control Plans shall indicate the traffic control requirements for the different types of work to be performed. The revised Traffic Control Plans shall be approved by the City Engineer or his duly authorized representative.
7.02 POSTING REQUIREMENT
The Contractor shall post and remove temporary "No Parking" signs along all routes.
Signs shall be in place for at least 72 hours in advance of commencing work. Maximum space between signs shall be 200 feet or as specified in the MUTCD. Signs may be attached to existing poles, parkway trees, or any available support that may exist in the public right-of-way or the Contractor may furnish sign supports as may be necessary.
The Contract lump sum (LS) price paid for any bid item TRAFFIC CONTROL shall include full compensation for, but not limited to, furnishing all labor (including flagging costs), materials (including construction area signs), tools, equipment, traffic control Plans and revisions, and incidentals, and for doing all the work involved in placing, removing, storing, maintaining, moving to new locations, replacing and disposing of the components of the traffic control including lights, channelizers (surface mounted), temporary railing (Type K) markers, delineators, temporary striping and pavement marking, barricades, portable flashing beacons, flashing arrow signs, portable changeable message signs, as shown on the Plans, as specified in the Standard Specifications and these Special Provisions, and as directed by the Engineer.
Full compensation for removing and salvaging the traffic control equipment and materials that are to be reused or reset in the project shall be considered as included in the Contract lump sum price paid for traffic control system and no additional compensation will be allowed therefore.
Partial payment for traffic control shall be based on the percentage of total value of work completed on the other items listed under each schedule as of each progress pay estimate.
75 8.00 EXISTING IMPROVEMENTS
The contractor shall make every effort to protect all existing improvements and facilities from damage during the progress of his/her/its work. No trees, planters, walks, shrubs, signs, fences or other such facilities shall be removed except as shown or called for on the plans or unless specifically authorized in writing by the Engineer. The contractor shall be held responsible for the care and preservation of the present premises and of adjacent premises and coterminous property. Any parts of them which are injured, damaged or disturbed because of his/her/its work shall be repaired, replaced or cleaned by him at his/her/its expense.
The contractor shall apply either water and/or dust palliative for the alleviation or prevention of dust nuisance and damage originating from the contractor's operation.
8.01 EXISTING UTILITIES
The contractor will be required to work around public utilities and other improvements that are to remain in place within the construction area. Contractor will be held liable for any damage to existing improvements or interference with service resulting from his/her operations. The exact location of underground facilities and improvements within the construction area shall be ascertained by the contractor before using equipment that may damage such facilities.
9.00 MAINTENANCE CALL-OUTS
Any expense for maintenance call-outs by the City’s traffic signal maintenance personnel resulting from the contractor's operations and construction of this project shall be borne by the contractor.
10.00 WARRANTIES, GUARANTEES AND INSTRUCTION SHEETS:
Warranties, guarantees and instruction sheets shall conform to the provisions in Section 86-1.04, “Warranties, Guarantees and Instruction Sheets” of the State Standard Specifications and these Special Provisions.
Completed work shall be guaranteed to the City of El Centro by the contractor for a period of not less than twelve (12) months following the date of acceptance thereof.
Where Contractor-installed equipment and/or facilities are damaged prior to final acceptance by the City, Contractor shall repair or replace such equipment and/or facilities at his/her own expense. The contractor shall include in his bid prices for various line items the necessary costs for warranty work. No additional compensation will be made therefore.
11.00 STORAGE OF MATERIAL.
The site of work shall be maintained clean at all times. Excavated material shall be loaded directly and hauled away from job site for disposal at contractor's expense.
76 The contractor shall not store material on job site. He shall store material at a site convenient to the job, off public ways, arranged and paid as a part of his/her/its contract work.
12.00 CLEANUP OF SITE.
During the progress of the work, the Contractor shall keep the premises occupied by him in a neat, orderly and sanitary condition. He shall dispose of refuse as often as directed, or as may be necessary so that at no time shall there be any accumulation of rubbish, excavated material or equipment that will interfere with convenience or operation of materials so as to provide the minimum obstruction to traffic at all times.
Dirt, dust, mud, native earth material, sand, gravel, asphalt debris, cement debris and all other construction-related material shall be swept from the street areas in the vicinity of the project sites on a daily basis. The material shall be removed and disposed of by the Contractor. The clean-up wok shall be incidental to respective mobilization bid item and shall be included in the lump sum cost.
13.00 SANITARY ARRANGEMENTS.
The contractor shall make provisions for and maintain, in a sanitary manner at the worksite, all necessary and sanitary conveniences for the workers, in accordance with the rules and regulations of the State of California Board of Health and all other Local, State and Federal rule and regulations that govern sanitary work conditions.
14.00 ACCESS.
The contractor's attention is directed to the existing pedestrian and vehicular access ways crossing the lines of work. These access ways shall not be closed unless an alternate access way is provided. The contractor shall assume full responsibility for providing alternate access. The compensation for the work in this time shall be considered as included in the cost of the various contract items of work and no additional compensation will be made therefore.
15.00 NOT USED
16.00 MOBILIZATION
Mobilization shall be in accordance with Subsection 9-3.4 “Mobilization,” of the Standard Specifications, and these special provisions.
Mobilization shall consist of preparatory work and operations, including but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidentals to the project site; for the establishment of all offices, buildings, construction yards, sanitary facilities, and any other facilities necessary for work on the project; and for all other work and operations which must be performed or costs incurred prior to beginning work on the various contract items on the project site, as well as the related demobilization costs anticipated at the completion of the project. The cost of all bonds and insurance policies, including premiums and incidentals, shall be included in
77 mobilization.
No additional compensation will be allowed for additional mobilizations required, including but not limited to, delays caused by the relocation of existing utility facilities shown on the plans or discovered during construction operations.
The deletion of work or the addition of extra work as provided for herein shall not affect the price paid for Mobilization.
Payment for mobilization, additional mobilizations, cost of all bonds and insurance policies, and all costs incurred prior to beginning work and demobilization at the end of work shall be considered to be included in the mobilization/demobilization line-item bid, and no additional compensation will be allowed.
17.00 NOT USED
18.00 NOT USED
19.00 VERIFYING, MARKING, AND RE-ESTABLISHING SURVEY
MONUMENTATION
Prior to work, the Contractor shall locate all survey monuments and property corners within the areas of demolition, concrete and paving. Survey ties shall be performed to allow the Contractor to reset/reestablish survey monumentation and/or property markers. All work shall be done by a licensed Surveyor or Civil Engineer authorized to practice Land Surveying in the State of California. Contractor shall submit to the Imperial County. Contractor shall also submit City of El Centro form ED-006 Certificate of Monument preservation completed prior to construction activities.
Payment of this item shall be as listed in the bid proposal form and shall be considered to include compensation for all surveying of monuments and replacement of same as well as filing of any necessary record of surveys or other similar type reports.
19.50 CONSTRUCTION STAKING
The contractor shall perform all construction staking necessary for this contract. This includes providing surveying for pre and post paving operations and establishing grade for curb, gutter and sidewalk. The contractor shall maintain existing grade throughout and ensure cross slopes are at least 2% unless otherwise directed by the City Engineer or his representative. Payment of this item shall be by Lump Sum as listed in the bid proposal form and shall be considered to include compensation for all construction staking work.
78 20. CONSTRUCTION WATER SUPPLY
The Contractor may use City water at the current rate through a water meter to be provided by the City contingent upon a refundable deposit of five hundred dollars ($500).
21. MAINTAINING EXISTING AND TEMPORARY ELECTRICAL SYSTEMS Traffic signal system shutdown, if required, shall be limited to periods between the hours of nine (9:00) AM and three thirty (3:30) PM, Monday through Friday. Contractor shall coordinate with the City of El Centro for City owned intersections, and shall coordinate with Caltrans for State-Owned intersections.
The Contractor shall place “STOP AHEAD” and “STOP” signs shall be furnished by the Contractor and shall conform to the provisions in Section 12-3.06, “Construction Area Signs,” of the Standard Specifications, except that the base material for the signs shall not be plywood.
Two “STOP AHEAD” signs and two “STOP” signs shall be placed for each direction of traffic. Location of the signs shall be as directed by the City Traffic Engineer.
Full compensation for furnishing, installing, maintaining, and removing temporary “STOP AHEAD” and “STOP” signs, and for covering signs not in use, shall be considered as included in the contract lump sum price paid for the signal item involved and not additional compensation will be allowed therefore.
All existing signal indications, pedestrian push buttons, detectors, and control equipment shall be maintained in operation at all times, except during shutdown hours as specified above.
Costs for overhead temporary wiring, which may be required to keep the signals in operation during intersection re-wiring, shall be considered as a part of the lump sum bid price for each intersection.
22 El Centro Business License
The Contractor and Subcontractors performing work on the project shall obtain a city business license from the City of El Centro at 1275 W. Main St. El Centro, CA 92243, telephone number (760) 337-4508. The Contractor and Subcontractors shall contact the Community Development Department regarding the cost of the license and include the business license cost in the proposal.
23. Air Pollution Control District Requirements
The contractor shall be required to comply with the County of Imperial Air Pollution Control District’s requirements. County of Imperial Air Pollution Control District forms,
79 requirements and information are available via the internet at https://apcd.imperialcounty.org/. The contractor shall be responsible for completing, submitting, and implementing the construction notification form and dust control plan as required. The contractor shall be responsible for all necessary air pollution requirements. All costs associated with air pollution mitigation shall be included in the respective Mobilization Lump Sum (LS) Item.
24. BMP Inspection and Maintenance
Inspection and maintenance are required for all BMPs (run-off control, and sediment control) to maintain effectiveness for reducing or eliminating the amount of sediment that leaves a site for the duration of the project. All cost associated with BMP Inspection and Maintenance shall be included in the respective Erosion Control Lump Sum (LS) item.
25. Material Delivery Tickets
The Contractor shall provide material delivery tickets to the City for Class II Base, P.C.C. Concrete, Asphalt Concrete, sand and similar items delivered to the project site.
The material tickets shall be presented to the City immediately upon the material item arriving at the project site.
/// END OF SPECIAL PROVISIONS
80 STATE LABOR STANDARDS PROVISIONS
State prevailing wage rates shall apply when the State wage rate is higher than the Federal wage rate. The Contractor and all subcontractors are subject to the application of Labor Code §§1720 et seq. which detail the regulations and procedures governing the payment of State prevailing wages.
The Contractor and all subcontractors are subject to the provisions of Labor Code §3700 which requires that every employer be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of the code.
The Contractor and all subcontractors are subject to the provisions of Labor Code §§1810 through 1814 which provide that the maximum hours a worker is to be employed is limited to eight (8) hours a day and forty (40) hours a week and the Contractor or subcontractor shall forfeit, as a penalty, twenty-five dollars ($25) for each worker employed in the execution of the Contract for each calendar day during which a worker is required or permitted to labor more than eight (8) hours in any calendar day or more than forty (40) hours in any calendar week and is not paid overtime.
Labor Code §1815 requires that notwithstanding the provisions of Labor Code §§1810 through 1814, employees of the Contractor who work in excess of eight (8) hours per day and forty (40) hours per week shall be compensated for all hours worked in excess of eight (8) hours per day at not less than one and one-half (l.5) times the basic rate of pay.
81 CERTIFICATION OF UNDERSTANDING
AND AUTHORIZATION
PROJECT NAME: City of El Centro, Embellece El Centro Downtown Beautification Project
This is to certify that the principals, and the authorized payroll officer, below, have read understand the minutes of the pre-construction conference, the Federal Labor Standards clauses pertaining to the subject project and the U.S. Department of Labor Wage Determinations CA and the State of California Labor Standards and Wage Determinations IMP and others.
The following person(s) is designated as the payroll officer for the undersigned and is authorized to sign the “Statement of Compliance” which will accompany our weekly Certified Payroll Reports for this project:
Payroll Officer
(Print Name)
Payroll Officer
(Signature)
(Contractor / Subcontractor)
(Print Name)
(Signature)
(Title)
(Date)
82 EXHIBIT A
PUBLIC CONTRACT CODE - PCC
DIVISION 2. GENERAL PROVISIONS [1100 - 22355]
( Division 2 enacted by Stats. 1981, Ch. 306. )
PART 5. WITHHELD CONTRACT FUNDS [22300- 22300.]
( Part 5 added by Stats. 1988, Ch. 1408, Sec. 11. )
22300.
(a) For purposes of this section, “contractor” includes, but is not limited to, a contractor performing a public works contract, as defined in Section 1101, and any person or entity that would qualify as a contractor under Section 6106.5. (b) Provisions shall be included in any invitation for bid and in any contract documents to permit the substitution of securities for any moneys withheld by a public agency to ensure performance under a contract; however, substitution of securities provisions shall not be required in contracts in which there will be financing provided by the Farmers Home Administration of the United States Department of Agriculture pursuant to the Consolidated Farm and Rural Development Act (7 U.S.C. Sec. 1921 et seq.), and where federal regulations or policies, or both, do not allow the substitution of securities. At the request and expense of the contractor, securities equivalent to the amount withheld shall be deposited with the public agency, or with a state or federally chartered bank in this state as the escrow agent, who shall then pay those moneys to the contractor.
Upon satisfactory completion of the contract, the securities shall be returned to the contractor.
(c) Alternatively, the contractor may request and the owner shall make payment of retentions earned directly to the escrow agent at the expense of the contractor. At the expense of the contractor, the contractor may direct the investment of the payments into securities and the contractor shall receive the interest earned on the investments upon the same terms provided for in this section for securities deposited by the contractor. Upon satisfactory completion of the contract, the contractor shall receive from the escrow agent all securities, interest, and payments received by the escrow agent from the owner, pursuant to the terms of this section. (d) Securities eligible for investment under this section shall include 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 the contractor and the public agency.
The contractor shall be the beneficial owner of any securities substituted for moneys withheld and shall receive any interest thereon.
Failure to include these provisions in bid and contract documents shall void any provisions for performance retentions in a public agency contract.
For purposes of this section, the term “public agency” shall include, but shall not be limited to, chartered cities.
(e) (1) Any contractor who elects to receive interest on moneys withheld in retention by a public agency shall, at the request of any subcontractor, make that option available to the subcontractor regarding any moneys withheld in retention by
83 the contractor from the subcontractor. If the contractor elects to receive interest on any moneys withheld in retention by a public agency, then the subcontractor shall receive the identical rate of interest received by the contractor on any retention moneys withheld from the subcontractor by the contractor, less any actual pro rata costs associated with administering and calculating that interest. In the event that the interest rate is a fluctuating rate, the rate for the subcontractor shall be determined by calculating the interest rate paid during the time that retentions were withheld from the subcontractor. If the contractor elects to substitute securities in lieu of retention, then, by mutual consent of the contractor and subcontractor, the subcontractor may substitute securities in exchange for the release of moneys held in retention by the contractor.
(2) This subdivision shall apply only to those subcontractors performing more than five percent of the contractor’s total bid.
(3) No contractor shall require any subcontractor to waive any provision of this section.
(f) The Legislature hereby declares that the provisions of this section are of statewide concern and are necessary to encourage full participation by contractors and subcontractors in public contract procedures.
(g) The escrow agreement used hereunder shall be null, void, and unenforceable unless it is substantially similar to the following form:
ESCROW AGREEMENT FOR
SECURITY DEPOSITS IN LIEU OF RETENTION
This Escrow Agreement is made and entered into by and between whose address is
hereinafter called “Owner,”
whose address is
hereinafter called “Contractor” and
whose address is
hereinafter called “Escrow Agent.”
For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows:
(1) Pursuant to Section 22300 of the Public Contract Code of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by Owner pursuant to the Construction Contract entered into between the Owner and Contractor for ____ in the amount of ____ dated ____ (hereinafter referred to as the
84 “Contract”). Alternatively, on written request of the Contractor, the Owner shall make payments of the retention earnings directly to the Escrow Agent.
When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the Owner within 10 days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the Owner and Contractor. Securities shall be held in the name of ____, and shall designate the Contractor as the beneficial owner.
(2) The Owner shall make progress payments to the Contractor for those funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above.
(3) When the Owner makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until the time that the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the Owner pays the Escrow Agent directly.
(4) Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the Escrow Account and all expenses of the Owner. These expenses and payment terms shall be determined by the Owner, Contractor, and Escrow Agent.
(5) The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the Owner.
(6) Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from the Owner to the Escrow Agent that Owner consents to the withdrawal of the amount sought to be withdrawn by Contractor. (7) The Owner shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days’ written notice to the Escrow Agent from the owner of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the Owner. (8) Upon receipt of written notification from the Owner certifying that the Contract is final and complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges.
85 (9) Escrow Agent shall rely on the written notifications from the Owner and the Contractor pursuant to Sections (5) to (8), inclusive, of this Agreement and the Owner and Contractor shall hold Escrow Agent harmless from Escrow Agent’s release and disbursement of the securities and interest as set forth above.
(10) The names of the persons who are authorized to give written notice or to receive written notice on behalf of the Owner and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows:
On behalf of Owner: On behalf of Contractor:
Title Title
Name Name
Signature Signature
Address Address
On behalf of Escrow Agent:
Title
Name
Signature
Address
At the time the Escrow Account is opened, the Owner and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above.
Owner Contractor
86 Title Title
Name Name
Signature Signature
(Amended by Stats. 2022, Ch. 427, Sec. 21. (SB 1489) Effective January 1, 2023.)
87 Exhibit B
Public Contract Code - PCC
DIVISION 2. GENERAL PROVISIONS [1100 - 22355]
(Division 2 enacted by Stats. 1981, Ch. 306.)
PART 1. ADMINISTRATIVE PROVISIONS [1100 - 9204]
(Heading of Part 1 added by Stats. 1982, Ch. 1120, Sec. 2.) CHAPTER 9. Claims and Disputes [9201 - 9204]
(Chapter 9 added by Stats. 1982, Ch. 1120, Sec. 5.)
9204.
(a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner.
(b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project.
(c) For purposes of this section:
(1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project.
(B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled.
(C) Payment of an amount that is disputed by the public entity. (2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project.
(3) (A) “Public entity” means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency.
88 (B) “Public entity” shall not include the following:
(i) The Department of Water Resources as to any project under the jurisdiction of that department.
(ii) The Department of Transportation as to any project under the jurisdiction of that department.
(iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department.
(iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code.
(v) The Military Department as to any project under the jurisdiction of that department.
(vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority.
(4) “Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind.
(5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor.
(d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed.
Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision. (B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion.
89 (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply. (2) (A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute.
(B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed.
Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement.
Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section.
(C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. (D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
(E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute. (3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of
90 this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. (4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.
(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on their own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so.
(e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section.
(f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section.
(g) This section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations.
(i) This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2027, deletes or extends that date.
(Amended by Stats. 2019, Ch. 489, Sec. 1. (AB 456) Effective January 1, 2020. Repealed as of January 1, 2027, by its own provisions.)
91 PAYROLL FORMS
92 STATE
PREVAILING WAGE
RATES
City Council of the City of El Centro
1275 W. Main Street
El Centro, CA 92243
SUBMITTED
ACTION ITEM (ID # 2025-327)
Item: 15.
Meeting: 11/18/2025 3:30 PM
Department: Public Works
Category: Presentation
Prepared by: Abraham Campos, Public
Works Director/City Engineer
Department Head: Abraham Campos
DOC ID: 2025-327
Bus Shelter Visual Language Direction Request.
CITY MANAGER'S RECOMMENDATION:
Provide direction to staff.
FISCAL IMPACT:
Potential Impact to Measure P, SB1 Gas Tax funds or General Fund in the amount of $600,000.
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
City Beautification, Engagement & Civic Pride
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTOR'S LICENSE, REFERENCE CHECKS, INSURANCE, ETC.:
NA
BACKGROUND:
On September 2, 2025, ICTC provided a presentation to City Council on their upcoming Bus Stop Infrastructure project. ICTC’s project proposes to upgrade the following stops:
LOCATION PROPOSED WORK
El Centro Library Relocate bus stop by Jersey Mikes to City Library. Install new shade bus shelter
E. Danenberg Dr. and
IV Mall (by starbucks)
Create new bus stop. Provide new shade bus structure and associated concrete sidewalk work.
Ross Avenue at 10th
street. N and S.
North and South Side of Ross, relocate existing stops to be closer to 8th and Ross signal. New shade bus shelters and associated concrete sidewalk work.
Aurora Drive, by
Bucklin Park
Replace bench with new shade bus shelter. Demolish existing concrete and install new ADA compliant concrete sidewalk work to fit new shelter.
Orange/Dogwood Ave New shade bus shelter and associated concrete work.
Cruickshank Dr. by
Social Security Office
New shade bus shelter and associated concrete work.
1 st and Brighton New bus stop location
Typical El Centro Bus Shelter include solar lighting, bench, trash receptacle and advertising spaces. The proposed shelters by ICTC match the existing City style, as shown in the drawing and image below:
DISCUSSION:
City staff has received direction to explore options for the design of city bus shelters in light of the Imperial County Transportation Commission’s (ICTC) upcoming Bus Stop Infrastructure Project. This presents an opportunity to modify the style or visual language of the shelters and potentially integrate any new design into ICTC’s work—either prior to bidding, through an addendum to their process, or, as a last resort, via a change order to their contract if ICTC is agreeable.
For context, the Federal Transit Administration (FTA) emphasizes design consistency to support branding, accessibility, and maintenance efficiency. Similarly, the American Public Transportation Association (APTA) recommends systemwide consistency in shelter appearance, while allowing for contextual variations. Consistent shelters help passengers easily identify official transit stops and convey that all neighborhoods and routes receive equal investment and attention. These recommendations reflect standard practice across most transit agencies.
Currently, the City of El Centro has 21 standard shelters and 6 leaning shelters. In general appearance, they feature a dark bronze color with a half-dome roof.
Staff can recommend contextual adjustments to the existing shelter style—such as removing advertisement spaces or replacing shelters with new units. These modifications could be implemented through ICTC’s maintenance program, which is currently fully funded and managed by ICTC. In addition, City logo or name could be added to existing shelters to create a brand.
If the City Council prefers a significant change in the visual appearance of the shelters, staff recommends allocating a dedicated budget to replace all 27 shelters citywide to maintain consistency and meet industry design standards.
For reference, a shelter of the type shown below was recently quoted at approximately $22,000 per location (materials only). This estimate assumes the replacement of an existing shelter, with no new concrete work required and installation performed by City staff. Based on this estimate, replacing all 27 shelters would require a materials budget of approximately $600,000. This assumes City Public Works Streets staff could complete replacements over several months to minimize labor costs, or that temporary staffing could be authorized to assist.
Note: The example shelter shown below has open sides, providing less shade during morning or afternoon hours than designs with a back wall.
Direction Requested:
1. Should City staff pursue a systemwide replacement of bus shelters and City Council allocate budget accordingly?
2. If so, what visual language does the Council wish to convey? Modern / Minimalist – e.g., LA Metro’s NextGen design
Civic / Institutional – e.g., Chicago’s CDOT JCDecaux shelters Modular / Kit-of-Parts – e.g., current City of El Centro design Contextual / Historic – e.g., City of Imperial
Branded / Iconic – e.g., Las Vegas RTC’s blue-and-silver design
3. Alternatively, should City staff focus on modifying and rebranding existing shelters (e.g., cleaning, repainting, and adding City logos or branding elements)? This option would result in low cost impact to city budget.
Samples to the above styles are attached to this report.
CONCLUSION:
Provide direction to staff.
ATTACHMENTS:
1. Attachment - styles
LA Metro’s and
San Diego MTS
Chicago’s CDOT JCDecaux
shelters
Modern Minimalist Civic Institutional
El Centro
Modular Kit-of-Parts Contextual / Historical
Las Vegas RTC
Branded / Iconic Upgraded existing
City Council of the City of El Centro
1275 W. Main Street
El Centro, CA 92243
SUBMITTED
ACTION ITEM (ID # 2025-336)
Item: 16.
Meeting: 11/18/2025 3:30 PM
Department: Public Works
Category: Informational Items
Prepared by: Abraham Campos, Public
Works Director/City Engineer
Department Head:
DOC ID: 2025-336
3rd and Ross Sewer Lift Station Local Emergency Project Update.
CITY MANAGER'S RECOMMENDATION:
Accept as Information Only
FISCAL IMPACT:
No Impact on the General Fund. The estimated cost is about $150,000 from the wastewater enterprise fund.
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 CHECKS, INSURANCE, ETC.:
NA
BACKGROUND:
On July 15, 2025 City Council approved a resolution authorizing emergency sewer repairs of the 3rd Street and Ross Avenue sewer lift station.
DISCUSSION:
The City contracted with Cholla Construction to perform the necessary repairs, and the work has been completed. Under the local emergency declaration, Cholla Construction and City of El Centro staff collaborated to complete the work efficiently and minimize costs.
During construction, an additional sewer force main located beneath the railroad was discovered to be broken and was replaced as part of this project. City staff are working with the contractor to finalize project costs and will return to Council with the final expenses and a request to close the local emergency declaration. Project images are attached to this report.
CONCLUSION:
Accept informational report.
ATTACHMENTS:
1. Project Photos
Demolition of the top failed slab Removal of top failed slab/lid
Repair of top wet well wall Repair of top wet well wall
Cleaning and preparation of wet well walls Finished repaired wet well walls
Wet well wall protective coating spray Final inspection after pump is installed over well