Exhibit A
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or Field Order, except in the case of an emergency and except in the case of uncovering work as provided in Article 13.
10.5 CHANGE ORDER PROCESS - OWNER and CONTRACTOR shall execute appropriate Change Orders covering:
10.5.1 OWNER Ordered Changes - Changes in the WORK which are ordered by OWNER pursuant to Article 10;
10.5.2 Changes Due To Defective Work - changes required because of acceptance of Defective Work under Article 13;
10.5.3 Mutually Agreed Price/Time Changes - changes in the Contract Price or Contract Time which are agreed to by the parties.
10.6 NOTICE TO SURETY - If notice of any change is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR’s responsibility, and the amount of each applicable Bond shall be adjusted accordingly.
10.7 ALLOWABLE QUANTITY VARIATIONS - In the event of an increase or decrease in bid item quantity of a unit priced item in the Contract Documents, the total amount of WORK actually done or materials or equipment furnished shall be paid for according to the unit price established for such work under the Contract Documents, wherever such unit price has been established; provided, that an adjustment in the unit price may be made for changes which result in an increase or decrease in excess of the allowable percentage variations as set forth by the Contract Documents.
ARTICLE 11 -- CHANGE OF CONTRACT PRICE (Change Orders, Field Orders and Work Orders)
11.1 CONTRACT PRICE CHANGE - The Contract Price may only be changed by a written Change Order.
11.2 METHODS FOR DETERMINING ADJUSTMENTS IN CONTRACT PRICE
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);
Exhibit A
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11.2.1.3 Where the work involved is not covered by either of the preceding methods: by mutual acceptance of a lump sum price negotiated on the basis of CONTRACTOR’s itemized estimate of the anticipated Cost of the WORK involved, determined as specified in this Article, and a contractor’s fee as provided in this Article.
11.2.1.4 Where the work involved is not covered by either of the first two (2) methods, and CONSTRUCTION MANAGER and CONTRACTOR cannot achieve agreement on the anticipated cost of the work involved and OWNER directs CONTRACTOR to proceed with the work with payments to be made on the basis of CONSTRUCTION MANAGER’s determination of the cost of the work involved: on a CONTRACTOR’s profit of eighty (80) percent of the amount allowed by this Article.
11.2.1.5 Where the work involved is not covered by either of the first two (2) methods, and OWNER directs CONTRACTOR to proceed with the work involved with payments to be made on the basis of actual costs: on the basis of the actual cost of the work involved, determined as specified in this Article, and a CONTRACTOR’s profit determined as fifty (50) percent of the amount allowed under this Article.
11.2.1.6 Where the work involved is not covered by any of the preceding methods, and when payment is to be determined by a court of competent jurisdiction, it is agreed that the actual cost method used for actual cost basis work shall be an appropriate method for determining the cost of the work involved.
11.2.2 CONTRACTOR’S Overhead and Profit Limitation - For all negotiated Change Orders the allowance for overhead and profit shall include full compensation for superintendence, insurance premiums, taxes, field office expense, extended overhead, home office overhead and all other items of expense or cost not included in the cost of labor, materials or equipment provided for in this Article. The allowance for overhead and profit will not exceed the following schedule:
Overhead Profit
Labor = Ten (10) percent Ten (10) percent
Materials = Ten (10) percent Five (5) percent
Equipment = Ten (10) percent Five (5) percent
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.
Exhibit A
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11.2.4 Equipment Rental Rates
11.2.4.1 All equipment rental rates shall be in accordance with the rental rate source identified in the Supplementary General Conditions based on a monthly rate for the equipment, and based on an equipment utilization of one hundred seventy-three (173) hours per month. CONTRACTOR will be permitted to charge only for the hours the equipment is actually used in the changed work.
11.2.4.2 Equipment Required Specifically for the Additional Work - Whenever possible, changed work will be accomplished using equipment available on-site or owned by CONTRACTOR. If no on-site equipment can be used, and a specific piece of equipment must be rented to be used exclusively for the changed work, the rental rate will be the invoiced rate.
11.3 COST OF WORK (BASED ON TIME AND MATERIALS
11.3.1 General - The term “cost of work” means the sum of all costs necessarily incurred and paid by CONTRACTOR for labor, materials and equipment in the proper performance of extra work. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the excluded costs itemized in this Article.
11.3.2 Labor - The costs of labor will be the actual cost substantiated by certified payroll for wages prevailing for each craft or type of workers performing the extra work at the time the extra work is done, plus employer payments of payroll taxes, Workers’ Compensation insurance, liability insurance, health and welfare, pension, vacation, apprenticeship funds and other direct costs resulting from Federal, State or local laws, as well as assessments or benefits required by lawful collective bargaining agreements. Labor costs for equipment operators and helpers shall be paid only when such costs are not included in the invoice for equipment rental. The labor costs for foremen shall be proportioned to all of their assigned work and only that applicable to extra work shall be paid. Non-direct labor costs including the superintendent, Project manager and other labor identified in 11.3.7.1 shall be considered part of the overhead markup identified in this Article.
11.3.3 Materials - The cost of materials reported shall be itemized at invoice or lowest current price at which materials are locally available and delivered to the job in the quantities involved, plus the cost of sales tax, freight, delivery and storage.
11.3.3.1 Trade discounts available to the purchaser shall be credited to OWNER notwithstanding the fact that such discounts may not have been taken by CONTRACTOR.
11.3.3.2 For materials secured by other than a direct purchase and direct billing to the purchaser, the cost shall be deemed to be the price paid to the actual supplier as determined by CONSTRUCTION MANAGER.
11.3.3.3 Payment for materials from sources owned wholly or in part by the purchaser shall not exceed the price paid by the purchaser for similar materials from said sources on extra work items
Exhibit A
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or the current wholesale price for such materials delivered to the work site, whichever price is lower.
11.3.3.4 If in the opinion of CONSTRUCTION MANAGER the cost of material is excessive, or CONTRACTOR does not furnish satisfactory evidence of the cost of such material, then the cost shall be deemed to be the lowest current wholesale price for the total quantity concerned delivered to the work site less trade discount.
11.3.3.5 OWNER reserves the right to furnish materials for the extra work and no claim shall be allowed by CONTRACTOR for costs and profit on such materials.
11.3.4 Equipment - CONTRACTOR will be paid for the use of equipment at the rental rate listed for such equipment specified in the Supplementary General Conditions. Such rental rate will be used to compute payments for equipment whether the equipment is under CONTRACTOR’s control through direct ownership, leasing, renting or another method of acquisition. The rental rate to be applied for use of each item of equipment shall be the rate resulting in the least total cost to OWNER for the total period of use. If it is deemed necessary by CONTRACTOR to use equipment not listed in the publication specified in the Supplementary General Conditions, an equitable rental rate for the equipment will be established by CONSTRUCTION MANAGER.
CONTRACTOR may furnish cost data which might assist CONSTRUCTION MANAGER in the establishment of the rental rate.
11.3.4.1 All equipment shall, in the opinion of CONSTRUCTION MANAGER, be in good working condition and suitable for the purpose for which the equipment is to be used.
11.3.4.2 Before construction equipment is used on the extra work, CONTRACTOR shall plainly stencil or stamp an identifying number thereon at a conspicuous location, and shall furnish to CONSTRUCTION MANAGER, in duplicate, a description of the equipment and its identifying number and the scheduled work activities planned.
11.3.4.3 Unless otherwise specified, manufacturer’s ratings and manufacturer-approved modifications shall be used to classify equipment for the determination of applicable rental rates.
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.
Exhibit A
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11.3.5.3 Computation Method - The following shall be used in computing the rental time of equipment on the work site.
11.3.5.3.1 When hourly rates are listed, any part of an hour less than thirty (30) minutes of operation shall be considered to be one-half (.5) hour of operation, and any part of an hour in excess of thirty (30) minutes will be considered one (1) hour of operation.
11.3.5.3.2 When daily rates are listed, any part of a Day less than four (4) hours operation shall be considered to be one-half (.5) Day of operation.
11.3.6 CONTRACTOR-Owned Equipment - For CONTRACTOR-owned equipment, the allowed equipment rental rate will be limited to the monthly equipment rental rate using a utilization rate of one hundred seventy-three (173) hours per month which is found in the Equipment Rental Rate Tables authorized by the Supplementary General Conditions for rental equipment.
11.3.7 Special Services Special work or services are defined as that work characterized by extraordinary complexity, sophistication or innovation or a combination of the foregoing attributes which are unique to the construction industry.
11.3.7.1 When CONSTRUCTION MANAGER and CONTRACTOR determine that a special service is required which cannot be performed by the forces of CONTRACTOR or those of any of its Subcontractors, the special service may be performed by an entity especially skilled in the work. Invoices for special services based upon the current fair market value thereof may be accepted without complete itemization of labor, material and equipment rental costs, after validation of market values by CONSTRUCTION MANAGER.
11.3.7.2 All invoices for special services will be adjusted by deducting all trade discounts offered or available, whether the discounts were taken or not. In lieu of the allowances for overhead and profit specified in this Article, herein, an allowance of fifteen (15) percent will be added to invoices for special services.
11.3.8 Excluded Costs - The term “cost of the work” shall not include any of the following costs:
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.
Exhibit A
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11.3.8.3 Capital Expenses - Any part of CONTRACTOR’s capital expenses, including interest on CONTRACTOR’s capital employed for the WORK and charges against CONTRACTOR for delinquent payments.
11.3.8.4 Premiums - Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same.
11.3.8.5 Negligence - Costs due to the negligence of CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of Defective Work, disposal of materials or equipment wrongly supplied and making good any damage to property.
11.3.8.6 Other - Other overhead or general expense costs of any kind and the cost of any item not specifically and expressly included in this Article.
11.3.8.7 Small Tools - Cost of small tools valued at less than five hundred dollars ($500) and that remain the property of CONTRACTOR.
11.3.8.8 Administrative Costs - Costs associated with the preparation of Change Orders (whether or not ultimately authorized), cost estimates or the preparation or filing of claims.
11.3.8.9 Anticipated Lost Profits - Expenses of CONTRACTOR associated with anticipated lost profits or lost revenues, lost income or earnings, lost interest on earnings or unpaid retainage.
11.3.8.10 Home Office Overhead - Costs derived from the computation of a home office overhead rate by application of the Eichleay, Allegheny, Burden Fluctuation or other similar methods.
11.3.8.11 Special Consultants and Attorneys - Costs of special consultants or attorneys, whether or not in the direct employ of CONTRACTOR, employed for services specifically related to the resolution of a claim, dispute or other matter relating to the acceptability of the Work.
11.3.9 CONTRACTOR’s Extra Work Report - In order to be paid for extra work based on time and materials, CONTRACTOR must submit a daily Extra Work Report on a form provided by CONSTRUCTION MANAGER. The form must be completely filled out based on the provisions of this Article and signed by CONTRACTOR and CONSTRUCTION MANAGER at the end of each work Day. Failure to complete the form and obtain appropriate signatures by the next working Day after the work was completed will result in CONTRACTOR’s costs for extra work being disallowed until such form is completed and agreed to by CONSTRUCTION MANAGER.
Delay in submitting the form beyond seven (7) Days will result in CONSTRUCTION MANAGER’s records becoming the official record for payment purposes.
11.4 COSTS RELATING TO WEATHER DAMAGE
Exhibit A
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CONTRACTOR shall have no cost claims against OWNER for damages for any injury to work, materials or equipment, resulting from the action of the elements or weather. Weather-related adjustment to Contract Time will be made in accordance with Article 12.
11.5 WRITTEN JUSTIFICATION SUBSTANTIATING ADJUSTMENT
11.5.1 CONTRACTOR Initiated Change - Any request by CONTRACTOR for a change in the Contract Price shall be based on written notice delivered by CONTRACTOR to CONSTRUCTION MANAGER promptly (but in no event later than seven (7) Days) after the start of the occurrence or the event giving rise to the request for adjustment and stating the general nature of the request.
11.5.2 Cost and Time Notice Requirements - Notice of the amount of the request for adjustment in cost and/or time with supporting data shall be delivered within fourteen (14) Days after such start of occurrence, unless CONSTRUCTION MANAGER allows an additional period of time to ascertain more accurate data in support of the request.
11.5.3 Proposal Form - CONTRACTOR’s proposal shall be on forms acceptable to CONSTRUCTION MANAGER. CONTRACTOR proposal request shall certify in writing that the amounts included cover all direct, supplemental, indirect, consequential and cumulative costs and delays, as applicable, and that those costs and delays would be or were necessarily incurred, despite CONTRACTOR’s reasonable and diligent efforts to mitigate them. Mitigation efforts undertaken by CONTRACTOR should be described.
11.5.4 Proposal Content - Where the change in Contract Price is to be determined on the basis of the cost of the work involved, CONTRACTOR’s itemized estimates shall detail all applicable elements of cost, including, but not limited to, labor hours and payroll costs, quantities, crew mixes, production rates, material costs, Subcontractor and Supplier costs, equipment costs and supplemental costs. Where the change in Contract Price arises from changes in the schedule of all or part of the WORK, or where a change in Contract Time is sought, the submittal shall include analysis required by Article 12. With respect to work during other than normal hours, the labor charges associated with such work shall consist of straight time wages and burden plus the appropriate overtime or shift premium with no additional burden (i.e., fringe benefits) on the premium portion.
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.
Exhibit A
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11.5.8 Documentation - CONTRACTOR is required to comply with CONSTRUCTION MANAGER’s documentation requirements regarding format and level of detail for the Change Order process.
11.6 OWNER RIGHT TO DIRECT USE OF COMPETITIVE BID - OWNER reserves the right to direct CONTRACTOR to solicit competitive bids for additional work. If required by OWNER, CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to CONTRACTOR and shall deliver such bids to OWNER who will then determine, with the advice of CONSTRUCTION MANAGER, which bids will be accepted.
ARTICLE 12 -- CHANGE OF CONTRACT TIME
12.1 GENERAL
12.1.1 CONTRACTOR Request For Time Extension - The Contract Time may only be changed by a Change Order or Field Order. Any request by CONTRACTOR for an extension of the Contract Time (or Milestones) shall be based on written notice delivered by CONTRACTOR to CONSTRUCTION MANAGER promptly (but in no event later than seven (7) Days) after the occurrence of the event giving rise to the request and stating the general nature of the request, unless otherwise noted. Notice of the extent of the request with supporting data shall be delivered within fourteen (14) Days after such occurrence (unless CONSTRUCTION MANAGER allows an additional period of time to ascertain more accurate data in support of the request) and shall be accompanied by CONTRACTOR’S written statement that the adjustment requested is the entire time adjustment to which CONTRACTOR has reason to believe it is entitled as a result of the occurrence of said event. An increase in Contract Time does not mean that CONTRACTOR is due an increase in Contract Price.
12.1.2 CONTRACTOR Required Analysis - An extension in Contract Time will not be granted unless CONTRACTOR can demonstrate through an analysis of the Critical Path Method Progress Schedule critical path that the increases in the time to perform or complete the WORK, or specified part of the WORK, beyond the corresponding Contract Time arise from unforeseeable causes beyond the control and without the fault or negligence of both CONTRACTOR and his Subcontractors, Suppliers or other persons or organizations, and that such causes in fact lead to performance or completion of the WORK, or specified part in question, beyond the corresponding 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
Exhibit A
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12.3.1 Use Of Float and Critical Path - Use of float is in accordance with the SPECIAL PROVISIONS.
12.3.2 Types Of Delays Beyond CONTRACTOR’s and OWNER’S Control - Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners, fires, floods, epidemics, abnormal weather conditions, labor slowdowns and strikes or acts of God. CONTRACTOR must provide CONSTRUCTION MANAGER written notice of the potential delay within twenty-four (24) hours of the occurrence.
12.3.3 Subcontractor Delays Within CONTRACTOR Control - Delays attributable to and within the control of Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR. No time extension will be allowed for such delays.
12.4 TIME ONLY ENTITLEMENT
12.4.1 - Where CONTRACTOR is prevented from completing any part of the WORK within the Contract Time (or Milestones) due to delay to a critical path activity beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Time (or Milestones) in an amount equal to the time lost on the critical path of the Project due to such delay shall be CONTRACTOR’s sole and exclusive remedy for such delay.
12.4.2 - In no event shall OWNER be liable to CONTRACTOR, any Subcontractor, any Supplier or any other person or organization, or to any surety for or employee or agent of any of them, for damages arising out or resulting from (i) delays caused by or within the control of CONTRACTOR, or (ii) delays beyond the control of both parties including but not limited to fires, floods, epidemics, abnormal weather conditions, acts of God or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7. CONTRACTOR must provide CONSTRUCTION MANAGER written notice of the potential delay within twenty-four (24) hours of the occurrence.
12.5 EXTENSIONS OF TIME FOR DELAY DUE TO WEATHER - An inclement weather delay is defined as a delay caused by inclement weather which prevents CONTRACTOR from working on the controlling item in CONTRACTOR’s construction schedule. Should CONTRACTOR experience inclement weather delays over the course of contract duration in excess of the number of Days outlined in the Supplementary General Conditions, CONTRACTOR shall be granted a time extension in accordance with the provisions outlined in this Article. The time extension shall be based on the number of inclement weather Days in excess of the number of Days outlined in the Supplementary General Conditions.
12.5.1 Extension of Time For Delays due to Weather Damage - If, however, in the opinion of CONSTRUCTION MANAGER, CONTRACTOR has made all reasonable efforts to protect the materials, equipment and work, CONTRACTOR may be granted a reasonable extension of Contract Time to make proper repairs, renewals and replacements of the work, materials or equipment in accordance with Article 12.
Exhibit A
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ARTICLE 13 -- TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK; WARRANTY AND GUARANTEE
13.1 TESTS AND INSPECTIONS
13.1.1 ACCESS TO WORK FOR TESTING AND INSPECTION - OWNER, CONSTRUCTION MANAGER, their consultants, Sub-Consultants other representatives and personnel of OWNER, independent testing laboratories and governmental agencies with jurisdictional interests will have access to the WORK at reasonable times for their observation, inspecting and testing. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR’s Safety procedures and programs so that they may comply.
13.1.2 Cost of Inspection/Notice - CONSTRUCTION MANAGER will make, or have made, such inspections and tests as CONSTRUCTION MANAGER deems necessary to see that the WORK is being accomplished in accordance with the requirements of the Contract Documents.
Unless otherwise specified, the cost of such inspection and testing will be borne by OWNER. In the event such inspections or tests reveal non-compliance with the requirements of the Contract Documents, CONTRACTOR shall bear the cost of corrective measures deemed necessary by CONSTRUCTION MANAGER, as well as the cost of subsequent re-inspection and re-testing.
Neither observations by CONSTRUCTION MANAGER nor inspections, tests or approvals by others shall relieve CONTRACTOR from CONTRACTOR’s obligation to perform the WORK in accordance with the Contract Documents.
CONTRACTOR shall give CONSTRUCTION MANAGER timely notice as specified in the technical specification or five (5) Days if not identified of readiness of the WORK for all required on and off site inspections, tests or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests.
CONSTRUCTION MANAGER shall provide for the services of an independent testing laboratory to perform inspections, tests or approvals required by the Contract Documents except as otherwise specifically provided.
CONTRACTOR shall be responsible for arranging any inspection required by a public entity.
CONTRACTOR shall provide adequate notice to the public entity and to CONSTRUCTION MANAGER for any required inspection.
13.1.3 Right to Stop Work - CONSTRUCTION MANAGER has the right to stop or suspend work activities which will cover CONTRACTOR work product which is to be inspected or tested, or which will interfere with the inspection or testing activities, for a reasonable time and CONTRACTOR will have no right to additional cost or time he may incur as a result of the work stoppage.
13.2 CONTRACTOR INSPECTION AND TESTING RESPONSIBILITY
Exhibit A
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13.2.1 - CONTRACTOR shall be responsible for performance of tests and inspections in accordance with the SPECIAL PROVISIONS.
13.2.2 If laws or regulations of any public body having jurisdiction other than OWNER require any work to specifically be inspected, tested or approved, CONTRACTOR shall pay all costs.
13.2.3 CONTRACTOR shall be responsible for and shall pay all costs in connection with any inspection or testing required in connection with OWNER’s or CONSTRUCTION MANAGER’s acceptance of a Supplier of materials or equipment proposed as a substitution or “or-equal” to be incorporated in the WORK, or of materials or equipment submitted for review prior to CONTRACTOR’s purchase thereof for incorporation in the WORK.
13.2.4 CONTRACTOR shall pay all related costs, schedule related activities at appropriate times and secure and furnish for CONSTRUCTION MANAGER the required certificates of inspection, testing or approval. Any associated cost and time required by CONTRACTOR for inspections required under Article 13.2 shall be considered as having been included in the Contract Price and in CONTRACTOR’s schedule for the performance of the WORK within the Contract Time.
13.2.5 All inspections, tests or approvals other than those required by laws or regulations of any public body having jurisdiction shall be performed by organizations acceptable to CONSTRUCTION MANAGER.
13.2.6 CONTRACTOR shall anticipate at a minimum the following testing and inspection requirements over and above those required by the Contract Documents:
Civil Engineering Inspections/Reviews
1. Site grading
2. All form work
3. Concrete placement
4. Asphalt placement
5. Aram placement
6. Utility lid adjustments
7. Traffic Striping Layout “Cat-Track” and striping installation
8. Final site and grade
13.3 COVERING WORK TO BE INSPECTED
13.3.1 Covered Work Prior To Inspection Or Testing - If any WORK (including the work of others) that is to be inspected, tested or approved is covered without written concurrence of CONSTRUCTION MANAGER, it must, when requested by CONSTRUCTION MANAGER, be uncovered for inspection. CONTRACTOR shall bear all direct, indirect, and consequential costs and damages of such uncovering, unless CONTRACTOR has given CONSTRUCTION MANAGER and/or agencies timely notice of CONTRACTOR’s intention to cover the same, and CONSTRUCTION MANAGER has not acted with reasonable promptness in response to such notice.
Exhibit A
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13.3.2 Covered Work Contrary To Written Request - If any WORK is covered contrary to the written request of CONSTRUCTION MANAGER, it must, when requested by the CONSTRUCTION MANAGER, be uncovered for CONSTRUCTION MANAGER’s observation and recovered. CONTRACTOR shall bear all direct, indirect and consequential costs and damages of such uncovering.
13.3.3 CONSTRUCTION MANAGER Right to Direct That Work Be Uncovered For Inspection Or Testing
13.3.3.1 If CONSTRUCTION MANAGER considers it necessary or advisable that covered work be observed by CONSTRUCTION MANAGER or inspected or tested by others, CONTRACTOR, at CONSTRUCTION MANAGER’s request, shall uncover, expose or otherwise make available for observation, inspection or testing as CONSTRUCTION MANAGER may require, that portion of the WORK in question, furnishing all necessary labor, material and equipment.
13.3.3.2 If it is found that such WORK is defective, CONTRACTOR shall bear all direct, indirect and consequential costs and damages of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction, including but not limited to fees and charges of engineers, architects, attorneys and other professionals. However, if such work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction based on the time and materials provisions as outlined in Article 11.
13.4 OWNER MAY STOP THE WORK - If the WORK is determined to be defective by CONSTRUCTION MANAGER, and CONTRACTOR fails to immediately correct the defect or CONTRACTOR fails to perform WORK in such a way that the completed WORK will conform to the Contract Documents, CONSTRUCTION MANAGER may order CONTRACTOR to stop the WORK, or any portion thereof, until the cause for such order has been eliminated; however, this right of CONSTRUCTION MANAGER to stop the WORK shall not give rise to any duty on the part of OWNER or CONSTRUCTION MANAGER to exercise this right for the benefit of CONTRACTOR or any other party. CONTRACTOR shall bear all direct, indirect and consequential costs and damages that result from this stop work notice.
13.5 CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK
13.5.1 CONTRACTOR’s Responsibility - If required by CONSTRUCTION MANAGER, CONTRACTOR shall promptly, either correct all Defective Work, whether or not fabricated, installed or completed, or, if the WORK has been rejected by CONSTRUCTION MANAGER, remove it from the site and replace it with non-Defective Work. CONTRACTOR shall bear all direct, indirect and consequential costs and damages of such correction or removal.
13.5.2 OWNER Acceptance of Defective Work - If, instead of requiring correction or removal and replacement of Defective Work, OWNER prefers to accept the WORK, OWNER may do so.
CONTRACTOR shall bear all direct, indirect and consequential costs attributable to OWNER’s
Exhibit A
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evaluation of and determination to accept such Defective Work. If any such acceptance occurs prior to Final Payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the WORK, and OWNER shall be entitled to an appropriate decrease in the Contract Price, determined by CONSTRUCTION MANAGER and charged to CONTRACTOR through a deductive Change Order.
13.5.3 OWNER May Correct Defective Work
13.5.3.1 If CONTRACTOR after receiving written notice, from CONSTRUCTION MANAGER or from OWNER, or both, fails within a reasonable time as specified in the notice, to correct Defective Work or to remove and replace rejected WORK, OWNER may correct and remedy any such deficiency. If CONTRACTOR after receiving written notice from CONSTRUCTION MANAGER or OWNER, or both, fails within reasonable time as specified in the notice, to perform the WORK in accordance with the Contract Documents, or fails to comply with any other provision of the Contract Documents, OWNER may correct and remedy any such deficiency.
13.5.3.2 In exercising the rights and remedies under this paragraph OWNER shall proceed expeditiously.
13.5.3.3 In connection with such corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the WORK, and suspend CONTRACTOR’s services related thereto, take possession of CONTRACTOR’s tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere.
13.5.3.4 CONTRACTOR shall allow OWNER, Engineers, Agents and employees, OWNER’s other contractors, CONSTRUCTION MANAGER and DESIGN CONSULTANT access to the site to enable OWNER to exercise the rights and remedies under this paragraph.
13.5.3.5 All claims, costs, losses and damages incurred or sustained by OWNER in exercising such rights and remedies will be charged against CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the WORK, and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may unilaterally issue the Change Order through CONSTRUCTION MANAGER.
13.5.3.6 Such claims, costs, losses and damages will include but not be limited to all costs of repair or replacement of work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR’s Defective Work.
13.5.3.7 CONTRACTOR shall not be allowed an extension of the Contract Time (or Milestones) because of any delay in the performance of the WORK attributable to the exercise by OWNER of OWNER’s rights and remedies hereunder.
Exhibit A
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GC 51
13.6 WARRANTY AND GUARANTEE
13.6.1 General - CONTRACTOR warrants and guarantees to OWNER that all work will be in accordance with the Contract Documents and will not be defective. Prompt notice of defects known to OWNER or CONSTRUCTION MANAGER shall be given to CONTRACTOR. All Defective Work, whether or not in place, may be rejected, corrected or accepted as provided in this Article 13. Defective Work may be rejected even if approved by prior inspection.
13.6.2 One (1) Year Warranty Period - The warranty period shall commence when the Notice of Completion is issued, at notice of Beneficial Occupancy or at notice of Partial Utilization of the work to be warranted has been issued, or a later date if so specified in the Agreement, or mutually agreed to, and extend until one (1) year after that date or whatever longer period may be prescribed by laws or regulations or by the terms of any applicable special guarantee or specific provision of the Contract Documents.
13.6.3 Correction of Defective Work - If within the designated warranty period, or such longer period as may be required by Laws or Regulations, the WORK, or any part of the WORK, is discovered to be defective, CONTRACTOR shall promptly, without an adjustment in Contract Price and in accordance with OWNER’s or CONSTRUCTION MANAGER’s written instructions, either correct that Defective Work, or if it has been rejected by OWNER or CONSTRUCTION MANAGER, remove it from the site and replace it with non-Defective Work. If circumstances warrant it, including but not limited to, in an emergency, OWNER or CONSTRUCTION MANAGER may have the Defective Work corrected or the rejected WORK removed and replaced. In that event, CONTRACTOR shall not be allowed to recover any associated costs, and he shall reimburse OWNER for all direct, indirect and consequential costs of OWNER, and OWNER shall be entitled to an appropriate decrease in Contract Price, to withhold a set-off against amount recommended for payment, or make a claim on CONTRACTOR’s bond if CONTRACTOR has been paid in full. Where Defective Work (and damage to other WORK resulting therefrom) has been corrected, removed or replaced during the warranty period, the one (1) year warranty period with respect to such WORK will be extended for an additional period of one (1) year after such correction or removal and replacement has been satisfactorily completed.
13.6.4 Early Completion - The one (1) year warranty period will not begin until the Notice of Completion is filed. If CONTRACTOR completes the WORK or portions thereof prior to this time, he shall preserve the equipment and/or facilities by developing and implementing a preventive maintenance program in compliance with manufacturer’s recommendations to maintain the equipment and/or facilities unless OWNER has issued a notice of Beneficial Occupancy or notice of Partial Utilization for the warranted WORK. At start up, CONTRACTOR will be required to get his equipment and/or facilities ready to put into service.
13.7 EXTENDED WARRANTIES AND GUARANTEES - OWNER may at its sole discretion extend the one (1) year warranty period up to twenty-four (24) months, in which case CONTRACTOR shall maintain the warranties and guarantees. If such extension of the one (1) year warranty period causes an increase in the cost of the warranties and guarantees provided by CONTRACTOR, an adjustment in Contract Price shall be made as provided by the Contract Documents.
Exhibit A
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GC 52
13.7.1 Extended Warranties and Guarantees - OWNER may extend the one (1) year Warranty period for up to twenty-four (24) additional months.
ARTICLE 14 -- PAYMENTS TO CONTRACTOR AND COMPLETION
14.1 BASIS FOR PAYMENT
14.1.1 Lump Sum Items
14.1.1.1 General - Items for which quantities are indicated as Lump Sum shall be paid for at the price indicated in the Bid. Such payment shall be full compensation for the items of WORK and all work appurtenant thereto.
14.1.1.2 Critical Path Method (“CPM”) Schedule Used For Payment - Payment for all lump sum costs and services shall be based on the value of WORK accomplished. The allocation of cost to CPM schedule activities will be utilized for payment computation.
14.1.1.3 Critical Path Method Schedule Required - CONTRACTOR shall submit to CONSTRUCTION MANAGER a detailed cost loaded and manpower loaded CPM schedule, to be used as a basis for determining progress payments in accordance with the General Requirements.
14.1.2 Unit Priced Items
14.1.2.1 General - Unit price items will be paid for based on equivalent quantities installed or performed. Unless otherwise specified, quantities of WORK shall be determined from measurements or dimensions in horizontal planes. However, linear quantities of pipe, piling, fencing and timber shall be considered as being the true length measured along the longitudinal axis. Unless otherwise provided in the Specifications, volumetric quantities shall be the product of the mean area of vertical or horizontal sections and the intervening horizontal or vertical dimension. CONTRACTOR and CONSTRUCTION MANAGER will agree on the unit quantity to be used for payment prior to its installation or removal when possible, or immediately after installation.
14.1.2.2 Methods of Measurement - Materials and items of WORK which are to be paid for on the basis of measurement shall be measured in accordance with the methods stipulated in the particular sections involved.
14.1.2.3 Certified Weight - When payment is to be made on the basis of weight, the weighing shall be done on certified platform scales or, when approved by CONSTRUCTION MANAGER, on a completely automated weighing and recording system. CONTRACTOR shall furnish CONSTRUCTION MANAGER with duplicate licensed weighmaster’s certificates showing the actual net weights.
Exhibit A
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GC 53
14.1.2.4 Units of Measurement - Measurements shall be in accordance with U.S. standard measures. A pound is an avoirdupois pound. A ton is two thousand (2,000) pounds avoirdupois.
The unit of liquid measure is the U.S. gallon.
14.2 PAYMENT
14.2.1 Wasted Or Rejected Material - Payment will not be made for materials wasted or disposed of in a manner not called for in the Contract Documents. This includes rejected material not unloaded from vehicles, material rejected after it has been placed and material placed outside of the plan lines. No compensation will be allowed for disposing of rejected or excess materials.
14.2.2 CONTRACTOR Retains Ownership - Payment shall not relieve CONTRACTOR from its obligations under the Agreement, nor shall such payment be construed to be acceptance of any of the WORK. Payment shall not be construed as the transfer of ownership of any equipment or materials to OWNER. Responsibility of ownership shall remain with CONTRACTOR who shall be obligated to store, protect, repair, replace, rebuild or otherwise restore any fully or partially completed WORK or structure for which payment has been made, or replace any materials or equipment required to be provided under the Agreement which may be damaged, lost, stolen or otherwise degraded in any way prior to final acceptance of the WORK.
14.2.3 Payment Does Not Affect Warranty - Guarantee and warranty periods shall not be affected by any payment but shall commence as specified in Article 13.6.2.
14.2.4 Stop Notice - If, within the time fixed by law, a properly executed notice to stop payment is filed with OWNER, due to CONTRACTOR’s failure to pay for labor or materials used in the WORK, all money due for such labor or materials will be withheld from payment to CONTRACTOR in accordance with applicable laws.
14.3 APPLICATION FOR PROGRESS PAYMENT
14.3.1 Payment Due Date - CONTRACTOR shall, on the payment application date designated by CONSTRUCTION MANAGER, submit to CONSTRUCTION MANAGER for review, an Application for Payment filled out and signed by CONTRACTOR covering the WORK completed as of the date of the application and accompanied by such supporting documentation as is required by the General Requirements.
14.3.2 Payment Application Content - The Application for Payment shall identify, as a subtotal, the amount of CONTRACTOR’s total earnings to date, plus the value of materials stored at the site which have not yet been incorporated in the WORK, and less a deductive adjustment for materials previously paid. Payment for such material shall not be construed as acceptance of the material.
14.3.3 Net Payment - The net payment due CONTRACTOR shall be the above-mentioned subtotal from which shall be deducted retainage and the total amount of all previous payments made to CONTRACTOR.
Exhibit A
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GC 54
14.3.4 Retention - A retention of five (5) percent of each approved progress payment will be withheld until the work is fifty (50) percent complete; then OWNER may, at its option, refund that portion of retainage held by OWNER that is in excess of five (5) percent of the total of the WORK done to date and thereafter continue to retain five (5) percent of the value of all approved progress payment requests subsequently submitted. When the Notice of Completion is issued, OWNER at its option, may refund any portion of the remaining retention.
14.3.5 Retainage From Payments - CONTRACTOR may elect to receive one hundred (100) percent of payments due under the Contract Documents from time to time, without retention of any portion of the payment by OWNER, by depositing securities of equivalent value with OWNER in accordance with the provisions of section 22300 of the Public Contract Code. Such securities, if deposited by CONTRACTOR, shall be valued by OWNER, whose decision on valuation of the securities shall be final. Securities eligible for investment under this provision shall be limited to those listed in section 16430 of the Government Code, bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts, standby letters of credit or any other security mutually agreed to by CONTRACTOR and OWNER.
14.3.6 Reinstating Retention - OWNER may reinstate up to five (5) percent retention of the total of the WORK done if OWNER determines, at its discretion, that CONTRACTOR is not performing the WORK satisfactorily or there is other specific cause for such withholding.
14.3.7 Products Stored On and Off Site - Storage and payment for material supplies and/or equipment which will be incorporated into the WORK shall be in accordance with the provisions of the General Requirements.
14.4 CONTRACTOR’S WARRANTY OF TITLE - CONTRACTOR warrants and guarantees that title to all work, materials and equipment covered by an Application for Payment, whether incorporated in the WORK or not, will pass to OWNER at the time of Final Payment free and clear of all liens.
14.5 APPLICATIONS FOR PROGRESS PAYMENT - Thirty (30) Days after presentation of undisputed and properly submitted Application for Payment, the amount will become due and when due will be paid by OWNER to CONTRACTOR.
Any payment request that is disputed or determined to be improper shall be returned to CONTRACTOR not later than seven (7) Days after receipt accompanied by documentation describing the reason(s) why the payment request is not proper.
Any progress payment not made within thirty (30) Days of an undisputed and properly submitted payment request will require OWNER to pay interest as provided by Public Contract Code section 20104.50.
14.6 REJECT PAYMENT FOR DEFECTIVE WORK - CONSTRUCTION MANAGER may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended,
Exhibit A
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to such extent as may be necessary in CONSTRUCTION MANAGER’s opinion to protect OWNER from loss because:
14.6.1 The WORK is defective, or completed WORK has been damaged requiring correction or replacement,
14.6.2 The Contract Price has been reduced by written amendment or Change Order,
14.6.3 OWNER has been required to correct Defective Work or complete WORK in accordance with Article 13.
14.6.4 CONSTRUCTION MANAGER has actual knowledge of the occurrence of any of the events enumerated in Article 15.
14.7 REJECTION OF PAYMENT BY OWNER - OWNER may refuse to make payment of the full amount recommended by CONSTRUCTION MANAGER because claims have been made against OWNER on account of CONTRACTOR’s performance of the WORK or liens have been filed in connection with the WORK or there are other items entitling OWNER to a credit against the amount recommended, but OWNER must give CONTRACTOR written notice within seven (7) Days (with a copy to CONSTRUCTION MANAGER) stating the reasons for such action.
14.8 SUBSTANTIAL COMPLETION
14.8.1 When CONTRACTOR considers the WORK ready for its intended use CONTRACTOR shall notify CONSTRUCTION MANAGER in writing that the WORK is substantially complete.
CONTRACTOR shall attach to this notice a list of all work items that remain to be completed.
14.8.2 Within a reasonable time thereafter, OWNER, CONTRACTOR and CONSTRUCTION MANAGER shall make an inspection of the WORK to determine the status of completion.
14.8.3 If CONSTRUCTION MANAGER does not consider the WORK substantially complete, or the list of remaining work items to be comprehensive, CONSTRUCTION MANAGER will notify CONTRACTOR in writing giving the reasons therefore.
14.8.4 If CONSTRUCTION MANAGER considers the WORK substantially complete, CONSTRUCTION MANAGER will prepare and deliver to OWNER a notice of Substantial Completion, which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before Final Payment. At the time of delivery of the notice of Substantial Completion, CONSTRUCTION MANAGER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending Final Payment between OWNER and CONTRACTOR with respect to security, operation, Safety, maintenance, heat, utilities, insurance and warranties and guarantees.
14.8.5 OWNER shall have the right to exclude CONTRACTOR from the WORK after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the list of remaining WORK items, or for warranty work.
Exhibit A
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GC 56
14.9 PARTIAL UTILIZATION AND BENEFICIAL OCCUPANCY
14.9.1 Partial Utilization - OWNER shall have the right to utilize or place into service any item of equipment or other usable portion of the WORK which is substantially complete prior to completion of all of the WORK. Whenever OWNER plans to exercise said right, CONTRACTOR will be notified in writing with a notice of Partial Utilization signed by OWNER identifying the specific portion or portions of the WORK to be so utilized or otherwise placed into service.
Liquidated damages will not be affected.
14.9.2 Beneficial Occupancy - OWNER shall have the right to take control of the entire WORK if it is substantially completed. Whenever OWNER plans to exercise said right CONTRACTOR will be notified in writing with a notice of Beneficial Occupancy. Such use by OWNER will terminate liquidated damages.
14.9.3 Responsibility For Care and Maintenance - It shall be understood by CONTRACTOR that until Beneficial Occupancy or Partial Utilization notices are issued or start up begins, all responsibility for care and maintenance of all of the WORK shall be the responsibility of CONTRACTOR. Upon issuance of said written notice of Beneficial Occupancy or notice of Partial Utilization, OWNER will accept responsibility for the protection and maintenance of all such items or portions of the WORK described in the written notice.
14.9.4 CONTRACTOR Responsible For Completion - CONTRACTOR shall retain full responsibility for satisfactory completion of the WORK, regardless of whether a portion thereof has been partially utilized by OWNER.
14.10 FINAL INSPECTION - Upon written notice from CONTRACTOR that the entire WORK or an agreed portion thereof is complete, CONSTRUCTION MANAGER will make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the WORK is incomplete or defective.
CONTRACTOR shall immediately take such measures as are necessary to complete such WORK or remedy such deficiencies.
14.11 FINAL APPLICATION FOR PAYMENT - After CONTRACTOR has completed all of the remaining work items referred to in Article 14, removed all temporary structures and utilities, cleared the site, delivered all maintenance and operating instructions, schedules, guarantees, Bonds, certificates of inspection, marked-up record documents and other documents, all as required by the Contract Documents, and after CONSTRUCTION MANAGER has indicated that the WORK is acceptable, CONTRACTOR may make application for Final Payment following the procedure for progress payments. The final Application for Payment shall be accompanied by all documentation called for in the Contract Documents, together with complete and legally effective releases or waivers satisfactory to OWNER of all liens arising out of or filed in connection with the WORK. If CONTRACTOR has specific claims outstanding he shall restate these claims by stating the nature of the claim, the basis for entitlement and the estimated value of the claim.
CONTRACTOR shall specifically release OWNER from any other claims not renewed.
Exhibit A
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GC 57
14.12 FINAL PAYMENT AND ACCEPTANCE
14.12.1 If, on the basis of CONSTRUCTION MANAGER’s observation of the WORK during construction and final inspection, and CONSTRUCTION MANAGER’s review of the final Application for Payment and accompanying documentation, all as required by the Contract Documents, CONSTRUCTION MANAGER is satisfied that the WORK has been completed and CONTRACTOR’s other obligations under the Contract Documents have been fulfilled, CONSTRUCTION MANAGER will, within fourteen (14) Days after receipt of the final Application for Payment, indicate in writing CONSTRUCTION MANAGER’s recommendation of payment and present the Application for Payment to OWNER for payment. CONSTRUCTION MANAGER will also prepare a Notice of Completion.
14.12.2 After acceptance of the WORK by OWNER, OWNER will make Final Payment to CONTRACTOR of the amount remaining after deducting all prior payments and all amounts to be kept or retained under the provisions of the Contract Documents. OWNER will sign the Notice of Completion and file the Notice of Completion with the County Recorder.
14.13 LIQUIDATED DAMAGES
14.13.1 - Failure of CONTRACTOR to complete the WORK within the time allowed will result in damages being sustained by OWNER. For each consecutive calendar Day in excess of the time specified for completion of the WORK, CONTRACTOR shall pay to OWNER, or have withheld from monies due it, the sum provided for in the Contract Documents.
14.13.2 Execution of the Agreement shall constitute agreement by OWNER and CONTRACTOR that specified liquidated damages is the minimum value of the costs and actual damage caused by failure of CONTRACTOR to complete the WORK within the allotted time; that such sum is liquidated damages and shall not be construed as a penalty, and that such sum will be deducted from Final Payment due CONTRACTOR if such delay in completion occurs.
14.14 PARTIAL RELEASE OF RETENTION AT SUBSTANTIAL COMPLETION - If, through no fault of CONTRACTOR, final completion of the WORK is significantly delayed and if CONSTRUCTION MANAGER so confirms, OWNER shall, upon receipt of CONTRACTOR’s final Application for Payment and recommendation of CONSTRUCTION MANAGER, and without terminating the Agreement, make payment of the balance due for that portion of the WORK fully completed and accepted. If the remaining balance to be held by OWNER for WORK not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in Article 5, the written consent of the surety to the payment of the balance due for that portion of the WORK fully completed and accepted shall be submitted by CONTRACTOR to CONSTRUCTION MANAGER with the Application for such payment. Such payment shall be made under the terms and conditions governing Final Payment, except that it shall not constitute a waiver of claims.
14.15 WAIVER OF CLAIMS - The making and acceptance of Final Payment will constitute:
Exhibit A
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GC 58
14.15.1 OWNER - A waiver of all claims by OWNER against CONTRACTOR, except claims arising from unsettled liens, from Defective Work appearing after final inspection pursuant to Article 14, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR’s continuing obligations under the Contract Documents; and
14.15.2 CONTRACTOR - A waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled and specifically renewed in the Application for Payment.
14.16 RELEASE OF RETAINAGE AND OTHER DEDUCTIONS - After executing the necessary documents to initiate the lien period, and not more than thirty-five (35) Days thereafter (based on a thirty (30) Day lien filing period and five (5) Day processing time), OWNER will release to CONTRACTOR the retainage funds withheld pursuant to the Agreement, less any deductions to cover pending third-party claims and liquidated damages against CONTRACTOR.
14.17 CONTRACTOR’S CONTINUING OBLIGATION - CONTRACTOR’s obligation to perform and complete the WORK in accordance with the Contract Documents shall be absolute.
Neither recommendation of any progress or Final Payment by CONSTRUCTION MANAGER, nor the issuance of a Notice of Completion, nor any payment by OWNER to CONTRACTOR under the Contract Documents, nor any use or occupancy of the WORK or any part thereof by OWNER, nor any act of acceptance by OWNER nor any failure to do so, nor any review of a Shop Drawing or sample submittal, will constitute an acceptance of work not in accordance with the Contract Documents or a release of CONTRACTOR’s obligation to perform the WORK in accordance with the Contract Documents.
14.18 TERMINATION OF LIABILITY OF OWNER - The acceptance by CONTRACTOR of final payment referred to in Article 14 herein, shall be a release of OWNER and CONSTRUCTION MANAGER from all claims of liability to CONTRACTOR for anything done or furnished for, or relating to, the WORK or for any act or neglect of OWNER or of any person relating to or affecting the WORK, except demands against OWNER for the remainder, if any, of the amounts kept or retained under the provisions of Article 14 herein; and excepting pending, unresolved claims renewed with the final Application for Payment.
ARTICLE 15 -- SUSPENSION OF WORK AND TERMINATION
15.1 SUSPENSION OF WORK BY OWNER - OWNER, acting through CONSTRUCTION MANAGER, may, at any time and without cause, suspend the WORK or any portion thereof for a period of not more than ninety (90) Days by notice in writing to CONTRACTOR.
CONTRACTOR shall resume the WORK on receipt from CONSTRUCTION MANAGER of a notice of resumption of WORK. CONTRACTOR may submit a request for a change in the Contract Price or of the Contract Time, or both, directly attributable to the suspension as provided in Articles 11 and 12.
15.2 ARCHAEOLOGICAL AND PALEONTOLOGICAL DISCOVERIES
Exhibit A
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GC 59
15.2.1 If a discovery is made of an archaeological or paleontological interest, CONTRACTOR shall immediately cease operations in the area of the discovery and shall not continue until ordered by CONSTRUCTION MANAGER. This suspension of work may exceed the ninety (90) Day limit without creating a CONTRACTOR right to terminate the Agreement. When resumed, operations within the area of the discovery shall be as directed by CONSTRUCTION MANAGER.
15.2.2 Discoveries which may be encountered may include, but not be limited to, dwelling sites, stone implements or other artifacts, animal bones, human bones, fossils or any item with culturally significance.
15.2.3 CONTRACTOR shall be entitled to an extension of time and compensation in accordance with the provisions of the Contract Documents.
15.3 TERMINATION OF AGREEMENT BY OWNER FOR CAUSE
15.3.1 In the event of default by CONTRACTOR, OWNER shall give fourteen (14) Days written notice to CONTRACTOR of OWNER’s intent to terminate the Agreement and provide CONTRACTOR opportunity to remedy the conditions constituting the default.
15.3.2 CONTRACTOR Default - It shall be considered a default by CONTRACTOR when CONTRACTOR:
15.3.2.1 Declares bankruptcy, becomes insolvent, assigns its assets for the benefit of its creditors, or is unable to pay debts as they become due;
15.3.2.2 Fails to provide materials or workmanship meeting the requirements of the Contract Documents, and fails to correct the Defective Work as required by Article 13;
15.3.2.3 Disregards or violates provisions of the Contract Documents or CONSTRUCTION MANAGER’s instructions;
15.3.2.4 Fails to prosecute the WORK according to the approved progress schedule;
15.3.2.5 Fails to provide a qualified superintendent, competent workers or materials or equipment meeting the requirements of the Contract Documents;
15.3.2.6 Fails to maintain license or insurance.
15.3.3 If CONTRACTOR fails to remedy the conditions constituting default within the time allowed, OWNER may then issue the notice of termination.
15.3.4 In the event the Agreement is terminated in accordance with Article 15, OWNER may take possession of the WORK and may complete the WORK by whatever method or means OWNER may select. The cost of completing the WORK shall be deducted from the balance which would have been due CONTRACTOR had the Agreement not been terminated and the WORK completed in accordance with the Contract Documents. If such cost exceeds the balance which would have
Exhibit A
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GC 60
been due, CONTRACTOR shall pay the excess amount to OWNER. If such cost is less than the balance which would have been due, CONTRACTOR shall not have claim to the difference.
15.4 RIGHTS OF OWNER PRESERVED - Where CONTRACTOR’s services have been so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of monies due CONTRACTOR by OWNER will not release CONTRACTOR from liability.
15.5 TERMINATION BY OWNER FOR JUST CAUSE - OWNER may terminate the Contract for just cause at its own discretion or when conditions encountered during the WORK make it impossible or impractical to proceed, or when OWNER is prevented from proceeding with the Agreement by act of God, by law or by official action of a public authority.
15.5.1 Termination for Convenience of OWNER
15.5.1.1 Termination of CONTRACTOR’s Performance of WORK - OWNER may terminate, subject to the express terms and conditions set forth below, CONTRACTOR’s performance of work under this Agreement, in whole or, from time to time, in part, if OWNER’s City Council does not appropriate sufficient monies to fund the Agreement. The City Manager shall terminate on behalf of OWNER by delivering to CONTRACTOR a notice of termination, in writing, specifying the extent of termination and the effective date
15.5.1.2 Notice of Termination - After receipt of the notice of termination, and except as otherwise directed by OWNER’s City Manager, CONTRACTOR shall immediately proceed as follows:
15.5.1.2.1 Stop WORK immediately or as specified in the notice;
15.5.1.2.2 Immediately place no further subcontracts for materials, services or facilities, except as necessary to complete any authorized, continued portion of the Agreement;
15.5.1.2.3 Immediately terminate all subcontracts to the extent they relate to the WORK terminated;
15.5.1.2.4 With approval by OWNER’s City Manager, settle all outstanding obligations arising from the termination of subcontracts, the approval of which will be final for purposes of this clause;
15.5.1.2.5 As directed by OWNER’s City Manager, transfer the title and deliver to OWNER, completed or partially completed drawings, plans, calculations, Specifications and any other documents and records that, if the Agreement has been completed, would be required to be furnished to OWNER;
15.5.1.2.6 Complete performance of the WORK not terminated;
Exhibit A
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GC 61
15.5.1.2.7 Take any action that may be necessary, or that OWNER’s City Manager may direct, for the protection and preservation of the property related to the Contract Documents that is in the possession of CONTRACTOR and in which OWNER has or may acquire an interest.
15.5.1.3 Removal of CITY Property - CONTRACTOR may request OWNER to remove OWNER’s property or enter into an agreement for its storage. Within sixty (60) Days, OWNER will accept title of property and remove it or enter into a storage agreement.
15.5.1.4 Termination Settlement - After termination, CONTRACTOR shall submit a final termination settlement proposal to OWNER’s City Manager in the form and with the certification prescribed by OWNER’s City Manager. CONTRACTOR shall submit the proposal promptly, but not later than six (6) months from the effective date of termination, unless extended in writing, by OWNER’s City Manager upon written request of CONTRACTOR within this six (6) month period. However, if OWNER’s City Manager determines that the facts justify it, a termination settlement proposal may be received and acted on after six (6) months or any extension. If CONTRACTOR fails to submit the proposal within the time allowed, OWNER may, in good faith, determine, on the basis of information available, the fair and reasonable amount, if any, due CONTRACTOR as a result of the termination and pay the amount determined. If CONTRACTOR does not agree that the amount determined by OWNER’s City Manager is fair and reasonable, and if CONTRACTOR gives notice of such disagreement to OWNER in accordance with this paragraph of the Agreement within thirty (30) Days of receipt of payment, then the amount due shall be as fixed in a court of law.
15.5.1.5 Payment for CONTRACTOR Due to Termination - Subject to the above paragraph, CONTRACTOR and OWNER’s City Manager may agree upon the whole or any part of the amount to be paid because of the termination. The amount may include a reasonable allowance for profit on work done. However, the agreed amount, exclusive of costs shown in Paragraph
15.5.1.6.3 below, may not exceed the total dollar amount authorized by OWNER as reduced by (1) the amount of payments previously made; and (2) the Contract Price of work not terminated.
The Contract Documents shall be amended, and CONTRACTOR paid the agreed amount. The paragraph below shall not limit, restrict or affect the amount that may be agreed upon to be paid under this paragraph.
15.5.1.6 Failure to Agree on Payment - If CONTRACTOR and OWNER fail to agree on the whole amount to be paid because of the termination of WORK, OWNER shall pay CONTRACTOR the fair and reasonable amounts determined in good faith by OWNER as follows, but without duplication of any amounts agreed above:
15.5.1.6.1 The Contract Price for completed services accepted by OWNER not previously paid for, adjusted for any saving of freight and other charges.
15.5.1.6.2 The total of:
15.5.1.6.2.1 The costs incurred in the performance of the WORK terminated, including initial costs and preparatory expense allocable thereto, but excluding any costs’ attributable to services paid or to be paid under Paragraph 15.5.1.6;
Exhibit A
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15.5.1.6.2.2 The fair and reasonable cost of settling and paying termination settlement proposals under terminated subcontracts that are properly chargeable to the terminated portion of the Agreement if not included in paragraph above; and
15.5.1.6.2.3 A sum, as profit on the above paragraph determined by OWNER’s City Manager to be fair and reasonable under the circumstances; however, if it appears that CONTRACTOR would have sustained a loss on the entire Agreement had it been completed, OWNER shall allow no profit under this paragraph and shall reduce the settlement to reflect the indicated rate of loss.
15.5.1.6.3 The reasonable costs of settlement of the WORK terminated, including:
15.5.1.6.3.1 Accounting, legal, clerical and other expenses reasonably necessary for the preparation of termination of settlement proposals and supporting data;
15.5.1.6.3.2 The termination and settlement of subcontracts (excluding the amounts of such settlements); and
15.5.1.6.3.3 Storage, transportation and other costs incurred, reasonable necessary for the preservation, protection or disposition of property in which OWNER has or may acquire an interest.
15.5.1.7 Dispute of Payment - If CONTRACTOR does not agree that the amount determined by OWNER’s City Manager under the paragraph above is fair and reasonable and if CONTRACTOR gives notice of such disagreement to OWNER in accordance with Paragraph 15.5.1.4 of this Contract within thirty (30) Days of receipt of payment, then the amount due shall be as determined in a court of law.
15.5.1.8 Payment for Property Destroyed, Lost Stolen or Damaged - Except to the extent that OWNER expressly assumed the risk of loss, OWNER’s City Manager shall exclude from the amounts payable to CONTRACTOR under Paragraph 15.5.1.6 above, the fair value, as determined by OWNER’s City Manager, of property that is destroyed, lost, stolen or damaged so as to become undeliverable to OWNER.
15.5.1.9 Determination of Amount Due CONTRACTOR - In arriving at the amount due CONTRACTOR under this clause, there shall be deducted:
15.5.1.9.1 All unliquidated advance or other payments to CONTRACTOR under the terminated portion of this Agreement;
15.5.1.9.2 Any claim which OWNER has against CONTRACTOR under this Agreement; and
15.5.1.9.3 The agreed price for, or the proceeds of sale of, materials, supplies or other things acquired by CONTRACTOR or sold under the provisions of this clause and not recovered by or credited to OWNER.
Exhibit A
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GC 63
15.5.2 Partial Termination - If the termination is partial, CONTRACTOR may file a proposal with OWNER’s City Manager for an equitable adjustment of the price(s) of the continued portion of the Agreement. OWNER shall make any equitable adjustment agreed upon. Any proposal by CONTRACTOR for an equitable adjustment under this clause shall be requested within ninety (90) Days from the effective date of termination unless extended, in writing, by OWNER’s City Manager.
15.5.2.1 Partial Termination Payment - OWNER may, under the terms and conditions it prescribes, make partial payment and payments against costs incurred by CONTRACTOR for the terminated portion of the Agreement if OWNER’s City Manager believes the total of these payments will not exceed the amount to which CONTRACTOR will be entitled. If the total payments exceed amount finally determined to be due, CONTRACTOR shall repay the excess to OWNER upon demand, together with interest. Interest shall be at a rate of six (6) percent per annum compounded daily and shall be computed for the period from the date the excess payment is received by CONTRACTOR to the date the excess is repaid. Interest shall not be charged on any excess payment due to a reduction in CONTRACTOR’s termination settlement proposal because of retention or disposition, or a later date determined by OWNER’s City Manager because of the circumstances.
15.5.5.3 Records and Documents Relating to Termination - Unless otherwise provided in the Agreement or by statute, CONTRACTOR shall maintain all records and documents relating to the terminated portion of this Agreement for three (3) years after final settlement. This includes all books and other evidence bearing on CONTRACTOR’s costs and expenses under this Agreement.
CONTRACTOR shall make these records and documents available to OWNER, at CONTRACTOR’s office, at all reasonable times, without any direct charge. If approved by OWNER’s City Manager, photographs, microphotographs or other authentic reproductions may be maintained instead of original records and documents.
15.6 TERMINATION OF AGREEMENT BY CONTRACTOR - CONTRACTOR may terminate the Agreement upon ten (10) Days written notice to OWNER, whenever:
15.6.1 the WORK has been suspended under the provisions of Article 15, for more than ninety (90) consecutive Days through no fault or negligence of CONTRACTOR, and notice to resume work or to terminate the Agreement has not been received from OWNER within this time period; or,
15.6.2 OWNER should fail to pay CONTRACTOR any monies due him in accordance with the terms of the Contract Documents and within ninety (90) Days after presentation to CONSTRUCTION MANAGER by CONTRACTOR of a request therefor, unless within said ten (10) Day period OWNER shall have remedied the condition upon which the payment delay was based.
15.6.3 In the event of such termination, CONTRACTOR shall have no claims against OWNER except for those claims specifically enumerated in Article 15, herein, and as determined in accordance with the requirements of said paragraph.
Exhibit A
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GC 64
ARTICLE 16 - DISPUTES
16.1 GENERAL - All claims, counterclaims, disputes and other matters in question arising under, or relating to, the Contract Documents and/or the breach thereof shall be processed in accordance with the provisions of this Article and are subject to audit by OWNER’s internal audit staff in accordance with Article 17.
16.2 REQUESTS FOR CHANGE
16.2.1 CONTRACTOR’s Right To Request a Change - In accordance with Articles 11 and 12, CONTRACTOR may request a change in the Contract Price or an extension of the Contract Time.
Such a request shall be in writing, and shall be delivered to CONSTRUCTION MANAGER within the time periods outlined in Articles 11 and 12.
16.2.2 Initial Determination - CONSTRUCTION MANAGER shall make an initial determination on CONTRACTOR’s request in writing, within twenty (20) working Days of receipt of the requested supporting data.
16.2.3 CONTRACTOR Appeal and Claim - Should CONTRACTOR disagree with CONSTRUCTION MANAGER’s initial determination, CONTRACTOR may file a Claim requesting a final determination from CONSTRUCTION MANAGER. Such a request shall be in writing, and shall be delivered within twenty (20) working Days after receipt of CONSTRUCTION MANAGER’s initial determination, and after certifying his Claim in accordance with Paragraph 16.3.
16.2.4 Waiver Of Rights - Failure of CONTRACTOR to notify CONSTRUCTION MANAGER and deliver supporting data in accordance with the time periods outlined above or failure to respond to CONSTRUCTION MANAGER’s initial determination within the time period outlined in this paragraph, shall be deemed to be a waiver of objection or right to further Claim of this matter.
16.3 CLAIMS
16.3.1 Claims shall be process pursuant to the provisions of Public Contract Code Section 9204, attached and incorporated as if fully set forth herein .
16.5 VENUE
16.5.1 State of California - CONTRACTOR, and any Subcontractor, Supplier and any other person or organization performing any part of WORK, agree that each of them will waive jurisdiction and venue and shall submit to the jurisdiction of the courts of the State of California, regardless of residence or domicile, with respect to any actions or suits at law or in equity arising under or related to the bidding, award or performance of the WORK.
Exhibit A
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GC 65
16.5.2 County Where OWNER’s Headquarters Located - CONTRACTOR, Subcontractor, Supplier or any other person or organization shall not commence any action, other than those in the State of California in the county where OWNER’s Headquarters are located, against OWNER and CONSTRUCTION MANAGER or any of their consultants, and/or any of their respective directors, officers, employees, representatives or agents, with regard to any matter whatsoever arising out of or relating to the validity, construction, interpretation or reinforcement of the Agreement.
ARTICLE 17 -- MISCELLANEOUS
17.1 GIVING NOTICE - Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice.
17.2 CUMULATIVE REMEDIES - The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by the General Conditions and all of the rights and remedies available to OWNER and CONSTRUCTION MANAGER thereunder are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by laws or regulations, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply.
17.3 PROFESSIONAL FEES AND COURT COSTS INCLUDED - Whenever reference is made to claims, costs, losses and damages, it shall include in each case, but not be limited to, all fees and charges of engineers, architects and other professionals and all court or arbitration or other dispute resolution costs. Attorneys’ fees are specifically excluded and shall be the responsibility of each party.
17.4 RIGHT TO AUDIT
17.4.1 Owner’s Right - If CONTRACTOR submits a Claim or a time and material Change Order to OWNER for additional compensation, OWNER shall have the right, as a condition to considering the Claim, and as a basis for evaluation of the Claim, and until the Claim has been settled, to audit CONTRACTOR’s books to the extent they are relevant.
17.4.2 Right Includes - This right shall include the right to examine books, records, documents and other evidence and accounting procedures and practices, sufficient to discover and verify all direct and indirect costs of whatever nature claimed to have been incurred or anticipated to be incurred and for which the claim has been submitted.
Exhibit A
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GC 66
17.4.3 Right To Inspect Plans - The right to audit shall include the right to inspect CONTRACTOR’s plans, or such parts thereof, as may be or have been engaged in the performance of the WORK.
17.4.4 CONTRACTOR further agrees that the right to audit encompasses all subcontracts and is binding upon Subcontractors. The rights to examine and inspect herein provided for shall be exercisable through such representatives as OWNER deems desirable during CONTRACTOR’s normal business hours at the office of CONTRACTOR.
17.4.5 Accounting Records - CONTRACTOR shall make available to OWNER for auditing, all relevant accounting records and documents, and other financial data, and upon request, shall submit true copies of requested records to OWNER.
17.5 ALL LEGAL PROVISIONS INCLUDED - All provisions of law required to be inserted in the Agreement or Contract Documents shall be and are inserted herein. If through mistake, neglect, oversight or otherwise, any such provision is not herein inserted or inserted in improper form, upon the application of either party, the Agreement or Contract Documents shall be changed by OWNER, at no increase in Contract Price or extension in Contract Time, so as to strictly comply with the law and without prejudice to the rights of either party hereunder.
17.6 NO CONFLICT WITH LAWS OR REGULATIONS
17.6.1 The duties, obligations, criteria or procedure imposed by these General Conditions and the rights and remedies made available are in addition to, and are not to be construed in any way as a limitation of any rights and remedies available to any or all of them which are otherwise imposed or available by laws or regulations, except that in the event that a specific part or detailed requirement of a provision, criterion or procedure in these General Conditions and a specific part or detailed requirement of a provision, criterion or procedure imposed or available by laws or regulations are in conflict, the specific part or detailed requirement of such provision, criterion or procedure imposed or available by laws or regulations in conflict shall govern. All other specific parts or detailed requirements in the provisions, criteria or procedures of the applicable laws or regulations and these General Conditions not in conflict shall remain in full force and effect and be read with the controlling specific part or detailed requirement.
17.6.2 The provisions of paragraph 17.6 will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply.
- END OF GENERAL CONDITIONS –
Exhibit A
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SGC-1
SUPPLEMENTARY GENERAL CONDITIONS
GENERAL
These Supplementary General Conditions make additions, deletions or revisions to the General Conditions as indicated herein. All provisions which are not so added, deleted or revised remain in full force and effect. Terms used in these Supplementary General Conditions which are defined in the General Conditions have the meanings assigned to them in the General Conditions.
SGC-1 DEFINITIONS
Apparent Low Bidder - The Bidder whose Bid, having been publicly opened and read aloud, meets all the material requirements of the Bidding Documents, OWNER deems responsible in accordance with the OWNER’s municipal code, and whose Bid price is the lowest received SGC-2.4.1 TIME OF COMPLETION - The WORK must be completed within sixty (60) Calendar Days after the commencement date stated in the Notice to Proceed.
SGC-5.1 PERFORMANCE AND OTHER BOND AMOUNTS
CONTRACTOR shall furnish a satisfactory Performance Bond in the amount of one hundred (100) percent of the Contract Price and a satisfactory Payment Bond in the amount of one hundred (100) percent of the Contract Price.
SGC-6.18 SAFETY
SGC-6.18.3 CONTRACTOR shall provide a qualified on-site health and Safety representative, accepted by CONSTRUCTION MANAGER, with the authority to enforce all of the Safety requirements of CONTRACTOR’s health and Safety program, including implementation of CONTRACTOR’s injury and illness prevention program. CONSTRUCTION MANAGER will make a risk-based decision as to the qualification level of CONTRACTOR’s Safety representative.
During periods of active construction (i.e., excluding weekends, weather delays or other periods of work inactivity), CONTRACTOR must have a designated representative on the construction worksite who is knowledgeable of the Project’s hazards and has full authority to act on behalf of CONTRACTOR. CONTRACTOR’s designated representative must make frequent and regular inspections of the construction worksite to identify and correct any instances of noncompliance with the Project health and Safety requirements.
SGC-6.5 SUBCONTRACT LIMITATIONS
In addition to the provisions of Paragraph 6.5 of the General Conditions, CONTRACTOR shall perform not less than twenty (20) percent of the WORK with its own forces (i.e., without subcontracting). The twenty (20) percent requirement shall be understood to refer to the WORK, the value of which totals not less than twenty (20) percent of the Contract Price.
Exhibit A
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SGC-2
SGC-11.3.4 EQUIPMENT RENTAL RATES
CONTRACTOR will be paid for the use of equipment at the rental rate listed for such equipment specified in the current edition of the following reference publication:
A. “Rental Rate Blue Book” as published by Dataquest (a company of the Dunn and Bradstreet Corporation), 1290 Ridder Park Drive, San Jose, CA 95131, telephone number (408) 437-8000 or outside of California (800) 669-3282
SGC-12.5 INCLEMENT WEATHER DELAYS
CONTRACTOR’s construction schedule shall be based upon the inclusion of five (5) Days of inclement weather delays.
An inclement weather delay is defined as a delay caused by inclement weather which prevents CONTRACTOR from working on the controlling item in CONTRACTOR’s construction schedule. Should CONTRACTOR experience inclement weather delays over the course of contract duration in excess of the number of Days outlined above, CONTRACTOR shall be granted a time extension in accordance with the provisions outlined in Article 12 of the General Conditions. The time extension shall be based on the number of inclement weather Days in excess of the number of Days outlined above.
SGC-14.13 LIQUIDATED DAMAGES
SGC-14.13.3 OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the WORK is not completed within the time specified in Article 2 herein, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the WORK is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay one thousand five hundred dollars ($1,500) for every working Day that expires in excess of the time specified for final completion of the WORK.
- END OF SUPPLEMENTARY GENERAL CONDITIONS –
Exhibit A
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S-1
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 2024 edition, insofar as the same may apply, which specifications are hereinafter referred to as the Standard Specifications and in accordance with the following provisions:
Class II base and Conventional Asphalt shall comply with Caltrans Standard Specifications, latest edition.
In case of conflict between the Standard Specifications and these General Conditions and Specifications, the General Conditions and Specifications shall take precedence over and be used in lieu of such conflicting portions.
1.02 SCOPE OF WORK
The WORK includes but is not limited to:
Furnishing all labor, materials, necessary tools, equipment, supervision, appurtenances, construction permits, utility owner coordination, and all utility and transportation services required for the grinding of existing asphalt concrete pavement, installation of asphalt-rubber and aggregate membrane, installation of gap graded (GG) asphalt-rubber hot mix, installation of conventional asphalt concrete, installation of curb and gutter, utility cover adjustments, monument preservation and traffic control.
The scope of work is more specifically described on the construction plans and in these Specifications.
END OF SPECIFICATIONS
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SPECIAL PROVISIONS
1. ORDER OF WORK
Prior to commencement of any work on the project, a preconstruction conference will be held for the purpose of review and discussion of progress schedule and construction procedures. At the discretion of the Director of Public Works, periodic meetings involving project personnel (the Contractor, utility and others) will be held for the purpose of coordinating project activities.
2. STARTING AND COMPLETION OF WORK
The work called for in these contract documents shall commence within (10) calendar days after that date set out in the Notice to Proceed issued by the City, and shall be diligently pursued to completion within Sixty (60) Calendar days of said date.
3. FAILURE TO COMPLETE ON TIME AND LIQUIDATED DAMAGES
(See General Conditions 1-19) It is agreed by the parties to the Contract that in case of all work called for under the Contract is not completed before or upon the expiration of the time limits set forth in these Special Provisions, damages will be sustained by the City and that it will be impracticable to determine the actual damage by which the City will sustain in the event of and by reason of such delay and it is therefore agreed that the Contractor will pay to the City the sum of two thousand dollars ($2,000) per calendar day for each and every days delay beyond the time prescribed to complete the work.
4. MAINTAINING TRAFFIC
Personal vehicles of the Contractor’s employees shall not be parked on the traveled way at any time, including any section closed to public traffic.
The Contractor shall make every effort to keep driveways open during working hours. After working hours, all driveways shall be accessible and safe. The payment for item shall be included in the bid price for the applicable item of work for which traffic control is performed.
The Contractor shall investigate and determine the extent of traffic control for the various areas of work.
Site specific traffic control plans have been provided for area which involve Caltrans involvement. It shall be the Contractor's responsibility to provide traffic control plans and/or typical MUTCD applications which can be implemented for the various areas of work for City approval. As such, it shall be the Contractor's responsibility to implement the approved traffic control plans. The Contractor shall submit traffic warning signs, barricades, traffic control devices and all other items to the City Engineer or his representatives for approval during the submittal process prior to implementing traffic control at the project sites. Contractor shall purchase or rent and maintain traffic warning signs, barricades, flagmen, and other traffic control devices as required and to maintain traffic flow, as required by the City of El Centro, and State of California Transportation Department over the roadways in the work area. The cost
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for this work shall be included in the submitted bid. No additional compensation or time extension will be provided for traffic control.
5. NOTICE AND POSTING REQUIREMENTS
The Contractor shall post and remove temporary “No Parking” signs as needed. Signs shall be in place for at least two (2) business days in advance of commencing of work. Signs may be attached to existing poles, or any available support that may exist in the public right-of-way or the Contractor may furnish sign supports as may be necessary.
Multiple notices shall be delivered and hung on door handles of each residence and to each business affected by the construction. The format and content of the notices shall be submitted to the City for approval at least two (2) weeks prior to use. Notices will be required as follows:
1) A general notice in all cases will be required two (2) weeks in advance of work, describing the sequence of activities that will affect parking and access to properties, to be delivered two (2) weeks prior to construction. This notice will generally addressing parking and access for street resurfacing with further details to follow on subsequent notices, except detailed information will
6. CONSTRUCTION AREA SIGNS
The Contractor shall furnish, install, maintain and remove all construction area signs in conformance with the plans and Sections 12-3.06 of the Standard Specifications.
7. STREET GEOTECHNICAL TESTING REQUIREMENTS
Along with the testing required in the City’s QAP, the Contractor shall provide the services of an independent Geotechnical Consultant approved by the Construction Manager to perform the required testing specified within the contents of the plans and specifications. The cost for the Geotechnical Testing shall be borne by the Contractor. A copy of all tests shall be forwarded to the Construction Manager within four (4) days after the testing is complete. The following testing is required:
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The Contract lump sum (LS) price paid for GEOTECHNICAL AND MATERIAL TESTING shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in the required testing as specified in the Standard Specifications and these Special Provisions and as approved by the Engineer, and no additional compensation will be allowed therefore.
8. REPAIR EXISTING ROADBED
Where directed by the Director of Public Works, broken or failed or other unsatisfactory portions of the existing roadbed shall be removed and disposed of and the resulting excavation shall be filled with asphalt concrete pavement in conformance with specifications and to be compensated by applicable bid item.
9. REMOVE PAVEMENT MARKINGS
Existing pavement markers, when no longer required for traffic lane delineation as directed by the Director of Public Works, shall be removed and disposed of.
Full compensation for removing and disposing of pavement markers shall be considered as included in the contract price for the applicable bid item for roadway surfacing and no separate payment will be made therefore.
10. ASPHALT CONCRETE REPAIRS
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10.01 Remove and replace Asphalt Pavement
Where directed by the Director of Public Works The work under this item shall include removal and replacement of existing asphalt concrete pavement. Repair locations will be as marked by the Engineer on the existing pavement. Asphalt shall be removed in its entirety. Existing Sub-base shall be recompacted to a minimum of 95 percent maximum dry density per ASTM D1557.
Contractor shall install a minimum of 6-inches of asphalt or match existing thickness (whichever is greater), in a maximum of 3 inch lifts, of Asphaltic Concrete compacted to a minimum of 95% of the HVEEM Density (CAL 304/308). Asphaltic concrete shall conform to Caltrans, ¾-inch HMA TYPE A – PG70-10 (5% voids) conforming to Caltrans Section 39 (with current CEM 3513). Final lift shall adhere to the “DIG-OUT” detail as shown on the plans.
Tack coat for vertical joints shall be uniformly applied as two coats SS-1h applied uniformly at .64 liter per square meter (.20 gal/SY) each coat.
Where directed by the Director of Public Works, a cost estimate shall be submitted for Square Foot (SF) price paid for DIGOUTS AND shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals involved in the sawcut, excavation and removal of asphalt, Subbase preparation, excavation and compaction, tack coat, placement and compaction of asphalt concrete as specified in the Standard Specifications and these Special Provisions and as approved by the Engineer, and no additional compensation will be allowed therefore.
10.02 Cold Mill
The work under this item shall consist of grinding or cold milling 0.5-inches of the existing road surface and overlay per plans. Millings shall be considered property of the Contractor and shall be disposed of off the Work site by the contractor.
Cleaning (sweeping) and ARAM should occur following cold milling. ARAM shall be installed per Special Provisions section 14. ARHM shall be installed per section 13 of these Special provisions The Contract Square Yard (SY) price paid for ½’’ COLD MILL shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals involved in the cold milling and disposal of existing asphalt, as specified in the Standard Specifications “Greenbook” Section 404-Cold Milling and these Special Provisions and as approved by the Engineer, and no additional compensation will be allowed therefore.
11. EARTHWORK
SECTION 300 of the Green Book– EARTHWORK IS AMENDED AS FOLLOWS:
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300-1 Clearing and Grubbing
300-1.1 General
ADD THE FOLLOWING PARAGRAPHS:
Along with all items indicated on the Plans to be removed, clearing and grubbing shall also include, but not be limited to, the following items:
1. Clearing for and providing temporary graded driveways and continuing maintenance thereof to provide continuous access to all residences within the project area as directed by the Engineer.
2. Sawcutting of portland cement concrete and asphalt concrete to neat straight lines at joints and right of way limits.
3. Protection of existing and relocated utility lines and structures prior to and during construction of proposed improvements.
4. Removal and disposal of interfering portions of abandoned utility lines and structures.
5. Removal, relocation, adjusting or salvaging of all facilities so indicated on the Plans which are not designated as separate bid items or which are not included in other bid items.
6. Removal and disposal of any additional items not specifically mentioned which may be found within the work limits.
7. Maintenance of project appearance.
8. Control of water and dewatering during construction.
9. Hauling and disposal of deleterious materials resulting from clearing and grubbing operations at a site obtained by the Contractor and approved by the Engineer.
10. Cleanup of project area upon completion of work.
11. Removal existing signs as noted on the plans and as directed by the Engineer
12. Self-propelled drop hammers will not be allowed for removals.
The Contractor shall protect all existing structures or facilities which are adjacent to, or fall within, the limits of work to be done under the Contract in accordance with Sections 7-9 and 300-1 of the Standard Specifications. This item shall also include those structures and
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facilities which the Plans show or these Specifications indicate to be protected. Any structure or facility to be protected which is damaged as a result of the Contractor shall be repaired or replaced at his cost, to the satisfaction of the Engineer.
INCLUDE THE FOLLOWING
Removal and Disposal of Materials
General
All materials removed shall be disposed of outside of the right of way at a legal dump site approved by the Engineer. Burning shall not be permitted under any circumstance. No accumulation of flammable material shall remain on or adjacent to the right of way. The roadway and adjacent areas shall be left with a neat and finished appearance. 300-1.4 Payment
DELETE THE FIRST PARAGRAPH AND SUBSTITUTE THE FOLLOWING:
The lump sum set forth in the Contract Documents for clearing and grubbing shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in clearing and grubbing as shown in the Plans and as described in the Contract Documents, and as directed by the Engineer, including preservation of property, relocation of various facilities, removal and disposal of material, salvage of material, cleanup and repairs. Payment shall be computed in accordance with the percentage of completion of the major items of work. 300-2 Unclassified Excavation
300-2.1 General
REVISE THE SUBSECTION TO READ:
Unclassified excavation shall consist of all excavation, including the removal of existing roadway asphalt pavement and base materials in areas shown on the Plans or as directed by the Engineer.
300-2.9 Payment
ADD THE FOLLOWING PARAGRAPH:
Quantities of unclassified excavation used for payment, other than unsuitable material and additional work ordered or deleted by the Engineer, shall be the quantity indicated in the awarded Contract and Plans and no further compensation will be awarded.
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300-4 Unclassified Fill
300-4.1 General
ADD THE FOLLOWING PARAGRAPH:
All remaining excess materials not used on the project for fills, embankments and roadbed purposes shall be disposed of by the Contractor according to Subsection 300-2.6 of the Standard Specifications.
300-4.9 Measurement and Payment
ADD THE FOLLOWING PARAGRAPH:
Quantities of Unclassified Fill used for payment, other than additional work ordered or deleted by the Engineer, shall be the quantity indicated in the Contract Bid Form.
12. CONCRETE AND MASONRY CONSTRUCTION
Concrete shall conform to Subsection 303 of the GREENBOOK, except as modified herein.
SECTION 303 IS AMENDED AS FOLLOWS:
303-1 Concrete Structures
303-1.12 Payment
ADD THE FOLLOWING PARAGRAPH:
Payment for concrete structures shall include full compensation for excavation, structural excavation, disposal of excess dirt, backfill, concrete, forming, and reinforcing, complete and in place and no additional payment will be made therefor. 303-5 Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, and Driveways.
303-5.1.1 General
ADD THE FOLLOWING:
When removals of curb and/or sidewalk are located at curb return, the Contractor shall install access ramps. The Contractor is to construct all access ramps in accordance with American Disability Act (“ADA”) Standards/California Code of Regulations Title 24 –
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Accessibility Regulations. If the ramps constructed by the Contractor are found to be in non-compliance with ADA Standards, the Contractor will be required to remove and replace the ramps to ADA Standards at the Contractor’s expense.
All removed curb and gutter, cross gutters, spandrels, driveway approaches, and sidewalks shall be replaced within three (3) calendar days, unless the Contractor provides reasonable documentation to exceed the three (3) day limit five (5) working days before removal and approved in writing by the Engineer. The Asphalt Concrete patch shall be placed within five (5) working days after the curb and gutters are replaced, and seven (7) days after the cross gutter and spandrels are replaced.
No PCC shall be ordered and/or placed until the forms and subgrade have been inspected and approved by the Engineer in the field.
13. All pull boxes, water meter boxes, and water valve covers shall be adjusted to proposed finish grade and approved by the Engineer in the field prior to placement of the PCC. 303-5.1.3 Driveway Entrances
REPLACE LAST PARAGRAPGH WITH THE FOLLOWING:
Driveway approaches shall be one hundred fifty (150) mm (six (6) in.) thick for single family residential areas and two hundred (200) mm (eight (8) in.) thick for all other areas.
303-5.3 Placing Concrete
ADD THE FOLLOWING:
14. All temporary storage of PCC liquid residues and mixer wash out on the project site shall be deposited within a self-containment area or bin. The Contractor may elect to allow the moisture to evaporate and dispose of the material as a solid or dispose of the material as a liquid. The Contractor shall notify the Engineer in writing, as a preconstruction meeting submittal, what method of disposal will be utilized.
15. If disposal of the material in liquid form is chosen, the Contractor must provide in writing, as part of the preconstruction meeting submittal, the name, location, telephone number, and a copy of the California Regional Water Quality Control Board permit for disposal of PCC liquid residue, or if the disposal site is located outside of the State of California, a copy of a permit issued by that state is required. The Engineer will verify the information before the Notice to Proceed is issued.
All PCC and related work, including grading and forming, shall be suspended if the Contractor does not have a PCC liquid residue or mixer wash out containment area or bin on site one (1) working day before the scheduled placement of PCC. The Contractor will
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not be allowed any additional compensation or extension of time for suspended operations due to not having a containment area or bin on site. The containment area or bin shall have sufficient room for two (2) days deposit of material.
The Contractor shall provide the Engineer with a copy of the landfill receipts or disposal site receipt and weight ticket showing disposal of PCC liquid residues and wash out within five (5) working days of disposal.
303-5.4.3 Weakened Plane Joints, (a) General
ADD THE FOLLOWING:
All weakened plane joints shall be spaced at a maximum of three (3) m (ten (10) ft.) for curbs, gutters, and sidewalks. Scoring lines shall conform to those prevailing in the area and be uniform in spacing.
303-5.5.2 Curb
ADD THE FOLLOWING:
The curb and gutter surface shall not vary more than three (3) mm (one-one hundredth (0.01) ft.) from three (3) m (ten (10) ft.) straightedge except at the grade changes. Prior to the removal of the forms, the surface shall be finished true to grade by means of a straightedge float of not less than three (3) m (ten (10) ft.) in length, and operated longitudinally over the surface of the concrete. Form clamps shall be so constructed as not to interfere with the operation of the float. In no event shall forms be removed while the concrete is sufficiently plastic to slump. The top and face of the finished curb shall be true and straight and top surface of curbs shall be of uniform width, free from humps, sags, blemishes or other irregularities.
303-5.5.3 Walk
ADD THE FOLLOWING:
The sidewalk surface shall not vary more than five (5) mm (two one-hundredths (0.02)’) from the three (3) m (ten (10)’) straightedge except at grade changes, and the finished surface shall be free from humps, sags, blemishes or other irregularities. All sidewalks shall be a minimum of one hundred (100) mm (four (4)”) thick, except at driveways where the sidewalks shall be a minimum of one hundred fifty (150) mm (six (6)”) thick for single family residential areas and two hundred (200) mm (eight (8)”) thick for all other areas. 303-5.6 Curing
ADD THE FOLLOWING:
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Curing compound shall be translucent with red fugitive dye, Type 1, in accordance with Section 201-4, “Concrete Curing Compound,” of the Standard Specifications.
In order to minimize vandalism damage to the finished PCC surfaces, the Contractor shall plan his work so that no PCC is poured after one o’clock (1:00) p.m., unless otherwise authorized by the Engineer in the field.
The Contractor shall barricade and protect placed Portland Cement Concrete from all damages, marks, mars, and/or graffiti. Any Portland Cement Concrete damaged, defaced, discolored or defective shall be replaced to the satisfaction of the Engineer at the Contractor’s expense, and no additional time will be allowed.
Grading, patching or other remedies to correct the situation will not be accepted unless in the opinion of the Engineer the vandalized area is so small that it does not warrant replacement. Concrete replacement areas shall be from score mark or control joint to score mark or control joint, and full width of the sidewalk. All replacement areas shall be saw cut.
13. RUBBERIZED HOT MIX – GAP GRADED
Rubberized Hot Mix Material Gap Graded (RHMA-G) shall conform to 2025 Caltrans Standard Specifications Section 39 except as modified herein.
Tack coat material for overlay shall be SS-lh applied at a rate of 0.32 liter per square meter (0.08 gal/SY) on all areas except on ARAM, where tack coat shall be at a rate of 0.24 liter per square meter (0.05 gal/SY).
All PCC surfaces, to be crossed by trucks used to haul RHMA, that are within five hundred (500) feet of the work limits shall be covered with sand or other durable covering prior to applying tack coat.
The Contractor shall have sufficient power brooms on site during all periods of distribution and spreading to provide for cleanup of haul routes and work areas. Power broom shall provide miscellaneous cleanup of RHMA spoils as directed by the Engineer.
The Contract Tons (TON) price paid for “INSTALL 2.5” Gap Graded RHMA INCLUDING TACK COAT” shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals involved in the delivery and installation of Rubberized Hot Mix Material Gap Graded (RHMA-G) material, as specified in these Special Provisions and as approved by the Engineer, and no additional compensation will be allowed therefore.
14. CONVENTIONAL HOT MIX ASPHALT – TYPE A HMA PG 70-10
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Conventional Hot Mix Asphalt Type A (Type A HMA) shall conform to 2025 Caltrans Standard Specifications Section 39. Asphalt Binder must be PG 70-10 The Contract Tons (TON) price paid for “INSTALL 2.5” OF CONVENTIONAL ¾” HMA TYPE-A PG 70-10 INCLUDING TACK COAT” shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals involved in the delivery and installation of said Conventional Hot Mix Asphalt Type A (Type A HMA) PG 70-10 material, including tack coat, as specified in these Special Provisions and as approved by the Engineer, and no additional compensation will be allowed therefore.
15. ASPHALT-RUBBER AND AGGREGATE MEMBRANE (ARAM) SURFACING AND
INTERLAYER
ARAM shall conform to Subsection 302-10 of the GREENBOOK, except as modified herein. 302-10 Asphalt-Rubber and Aggregate Membrane (ARAM)
Where ARAM is to be placed directly on existing pavement, pavement preparation shall include the following preparation.
Areas as directed by the Engineer shall be skin patched in conformance with Subsection
10.02 of these Special Provisions.
Cracks shall be treated as follows:
A singular crack shall be considered to be a crack on the perimeter of an otherwise uncracked asphalt pavement area exceeding four (4) feet in minimum dimension. Cracks not fully interconnected in forming a complete perimeter shall be considered singular cracks, unless the maximum dimension across the partial perimeter between cracks can be measured as less than four (4) feet. Such pavement area is defined by the cracks forming its perimeter.
1) The Contractor shall spray all weeds in cracks with Monsanto brand Roundup, a minimum of two (2) weeks prior to paving. All weeds shall be resprayed if rain occurs within forty-eight (48) hours after application;
2) All cracks and holes with weeds shall be routed clear to a depth of one (1) inch; 3) All holes and cracks exceeding one and one-half (1½) inches wide shall be filled with asphalt concrete approved for skin patch compacted level with the top of the existing pavement;
4) All cracks and joints one-quarter (¼) inch or greater in width shall be blown thoroughly clear with high pressure air or power broomed clean to a depth of three-quarters (¾) inch minimum immediately ahead of the crack filling operation; and 5) All joints and singular cracks between one-quarter (¼) inch and one and one-half (1½) inches in width shall be filled with Crafco Polyflex III or equal.
Filler shall be within one-eighth (1/8) inch below and flush with existing pavement surface
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and shall be thoroughly squeegeed, as necessary, to attain this result, except in cold mill areas. In cold milled areas, crackfiller shall be flush or below the top of cold mill texturing and shall be thoroughly squeegeed, as necessary, to attain this result.
Any crackfiller in excess of that specified at any point on the pavement after crackfiller has cooled shall be heated with a torch and thoroughly squeegeed to meet specifications. Crack filler in cold mill areas that becomes unbonded shall be removed, and the lack of bonding shall be considered evidence that the crack was not thoroughly blown clean, thereby requiring recleaning, refilling and squeegeeing.
All crack preparation shall be performed after cold milling.
Payment for crack filling will be compensated by the lump sum bid item for crack filling.
All other preparation work related to crack preparation, including weed killing and power brooming or blowing out cracks will considered included in the unit price bid for ARAM per square yard.
302-10.1 Application
The maximum viscosity of asphalt-rubber material in Table 203-11.4(A) shall be 2400 Centipoise.
The maximum ambient temperature for placement of ARAM shall be one hundred five (105) degrees Fahrenheit.
Temperature of asphalt-rubber spread for ARAM shall be between three hundred ninety-five (395) degrees Fahrenheit and four hundred twenty-five (425) degrees Fahrenheit.
Asphalt-Rubber shall conform to Subsection 203-11 of GREENBOOK including modification of that section included in these Special Provisions.
The Contractor shall provide a pavement temperature reading, with an infrared heat measurement instrument, when requested by the Engineer.
Item 4. of the second paragraph of Subsection 302-10.1 is hereby deleted and replaced with the following:
Material shall be applied at a rate between two and one-half (2½) and three (3) Liters per square meter (six-tenths (.60) to seven-tenths (.70) gallons per square yard) as directed by the Engineer.
The first sentence of the third paragraph of Subsection 302-10.1 is hereby deleted and replaced with the following:
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The asphalt-rubber mixture may be applied to the roadway immediately after mixing and reacting at a temperature between two hundred one (201) degrees Celsius (three hundred ninety-five (395) degrees Fahrenheit) minimum to two hundred eighteen (218) degrees Celsius (four hundred twenty-five (425) degrees Fahrenheit) maximum.
Reference is made to Subsection 7-1.01F Air Pollution Control whereby the Contractor shall comply with all air pollution rules and regulations. 302-10.2 Screenings The first sentence of the first paragraph of Subsection 302-
10.2 is hereby deleted and replaced with the following:
Following application of asphalt-rubber, screenings shall be placed over all areas receiving asphalt-rubber. Screenings shall conform to quality requirements of Class A aggregate with the following modifications:
Maximum LA Rattler value at five hundred (500) revolutions shall be thirty-five (35).
Eighty-five (85) percent of coarse aggregate shapes shall be “proportioned particles,” a proportioned particle being defined as a particle having a minimum dimension greater than one-half (½) the maximum dimension as measured by caliper. Percentage of proportioned particles shall be determined by California Test 205 with the words “proportioned particles” substituted for “crushed particles.” California Test 205, Section D, definition of a crushed particle is revised as follows:
“A particle having two (2) or more fresh mechanically fractured faces shall be considered a crushed particle.”
The aggregate for screenings shall conform to following gradations:
Sieve Size Percent Passing
¾” 100
½” 95-100
3/8” 70 -85
No. 4 0-10
No. 8 0-3
No. 200 0-1
No mineral filler or material from sand or rock dust bins shall be included in the mix.
The gradation ranges shown for screenings shall be considered the Contract Compliance Range. The Operating Range for the one-half (½”) sieve shall be the full contract compliance range. The Operating Range for all other sieves, except the 200 sieve, shall be two (2) percentage points inside both limits of the Contract Compliance Range. If gradation-testing results do not meet the Operating Range requirements but meet the Contract Compliance Range, placement of ARAM may
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be continued for the remainder of the day. However, another day of work shall not be started until tests, or other information, indicate to the satisfaction of the Engineer that the next material to be used in the work will comply with the requirements specified for Operating Range.
Except for the No. 200 sieve, it is the intent of the Specifications that the target percentage be the central value in the Contract Compliance Range.
Any change in source of aggregate supply requires two (2) weeks advance notice in writing to the Engineer, and submittals and testing in conformance with specifications for a new mix design. No single bin shall receive aggregate from more than one (1) source. The Contractor shall provide a copy of aggregate delivery tickets for aggregate delivered for use on the project.
Trucks for hauling cover material shall be tailgate discharged and shall be equipped with a device to lock onto the hitch at the rear of the aggregate spreader. Haul trucks shall also be compatible with the aggregate spreader so that the dump bed will not push down on the spreader when fully raised or have too short an apron resulting in aggregate spillage while dumping into the receiving hopper.
Screenings shall be coated completely black on the full particle surface with AR4000 asphalt at a central mixing plant to prevent free dust, and shall be preheated one hundred twenty-seven (127) degrees Celsius (two hundred sixty (260) degrees Fahrenheit) to one hundred sixty-three (163) degrees Celsius (three hundred twenty-five (325) degrees Fahrenheit).
Screenings shall be placed at a rate between thirty-two (32) and forty (40) pounds per square yard.
All rollers shall be operational at all time unless full roller coverage is complete and cessation of rolling is authorized by the Engineer. The spreader shall not stop over an area of rocks that are spread but not rolled.
The spreader shall clear all areas to allow rollers to complete roller coverage without any delay.
A layer of washed concrete sand per Fine Aggregate in Section 90 spread at rate of two (2) to three (3) pounds per square yard shall be applied as necessary to maintain traffic at the direction of the Engineer. Excess sand spread on adjoining areas to receive ARAM shall be thoroughly swept before spreading any binder.
Payment
The Contract Square Yard (SY) price paid for “INSTALL 3/8” ARAM INCLUDING TACK COAT” shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals involved in the delivery and installation of ASPHALT-RUBBER AND AGGREGATE MEMBRANE (ARAM) SURFACING AND INTERLAYER material, as specified in these Special Provisions and as
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approved by the Engineer, and no additional compensation will be allowed therefore.
15. TRAFFIC STRIPING, PAVEMENT MARKINGS, AND PAVEMENT MARKERS Traffic striping, pavement markings and pavement markers shall be replaced with the same pattern as existing in conformance with these Special Provisions and the Construction Plans.
All details and dimensions for traffic striping and marking shall conform to the 2025 CALTRANS Standard Specifications, and Latest MUTCD. All traffic striping within the vehicular path of travel shall be thermoplastic.
13.01 Layout, Alignment, and Spotting. The Contractor shall furnish the necessary control points for all striping, markers and markings, and shall be responsible for the completeness and accuracy thereof to the satisfaction of the Engineer.
The Contractor shall supply the Engineer with a copy of a complete inventory of striping, markers and marking prior to any cold milling or installation of any material. For each stripe, marker and marking, the inventory shall include sufficient definition about type of marker, stripe or marking and dimensions for control points to allow for accurate reestablishment.
In no case shall any section of street be left without the proper striping for more than forty-eight (48) hours or over weekends or holidays.
13.02 SECTION 314 – PAINTING – IN THE GREEN BOOK IS AMENDED AS FOLLOWS:
314-4.3 Painted Traffic Striping and Curb and Pavement Markings DELETE THE ENTIRE SUBSECTION AND SUBSTITUTE THE FOLLOWING:
Painted traffic stripes (lane lines and speed limit markings) and applying thermoplastic pavement markings (word and symbol markings, limit lines, crosswalk, etc.) shall conform to the provisions in Section 84, “Traffic Stripes and Pavement Markings,” of the State of California Standard Specifications and these Special Provisions.
The subparagraphs of the first paragraph in Section 84-3.02, “Materials,” of the State of California Standard Specifications are amended to read:
State Specification
No.
Rapid Dry Water Base, Traffic Line.—White, Yellow and Black PTWB-01 The second and third paragraphs in Section 84-3.02, “Materials,” of the State of California
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Standard Specifications are amended to read:
State Specifications for traffic paint and glass beads may be obtained from the Transportation Laboratory, 5900 Folsom Boulevard, Sacramento, CA 95819- 4612, telephone number (916) 227-7289.
Glass beads shall conform to 1-ACOT type beads or equal.
The Contractor shall layout and “cat-track” the alignment of the proposed striping at four and one-half (4½) m (fifteen (15) ft.) intervals and “spot” the proposed pavement markings as called for on the Plans. Striping shall vary no more than twelve (12) mm (two (2) in) in fifteen and two-tenths (15.2) m (fifty (50) ft.) from the specified alignment. The Engineer may waive minor variations.
The Contractor shall not proceed with the painting of any striping or applying thermoplastic pavement markings until the Engineer has checked and approved the cattracking and spotting, and has authorized the Contractor to proceed.
Traffic striping shall be applied with airless equipment. All traffic striping shall be performed with a road liner type striping machine. Where the configuration or location of a traffic stripe is such that the use of a road liner type striping machine is unsuitable, traffic paint and glass beads may be applied by other methods and equipment approved by the Engineer. The Engineer shall determine if the road liner type striping machine is unsuitable for a particular use.
The first coat of paint shall be applied upon completion of the surfacing. The second coat of paint shall not be applied until seven (7) calendar days after the first coat. Each coat of paint shall be applied at the wet film thickness of ten (10) – twelve (12) mils for white and yellow paint and seven (7) mils for black paint. All paint shall be applied at a relative humidity below seventy-five percent (75%) and an ambient temperature above thirteen (13)° Celsius (fifty-five (55)° Fahrenheit), unless otherwise approved by the Engineer.
Except for black paint, No. 1 reflective glass beads shall be uniformly incorporated in all coats of paint concurrently with the application of the paint. The glass beads shall be embedded in the coat of traffic paint being applied to a depth of at least one-half (½) their diameters. The reflective glass beads shall be applied to the first coat of paint at the rate of seven-tenths (0.7) kg (one and one-half (1½) lb.) of beads per liter (twenty-six one hundredths (0.26) Gal) of paint, and to the second coat of paint at the rate of ninety-five one hundredths (0.95) kg (two (2) lb.) of beads per liter (twenty-six one hundredths (0.26) Gal) of paint.
Except as otherwise noted on the Plans or as directed by the Engineer, all angle points, as shown on the striping Plans shall be painted as a smooth, tangent curve with a radius and length as approved in the field.
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Temporary tape or reflective markers utilized for the purposes of interim delineation for centerline, lane lines and crosswalk lines shall be placed to the side of the final striping pattern in such a way so that it will not interfere with the first coat of paint. All temporary tape and reflective markers applied for the purpose of interim delineation shall be removed by the Contractor at no additional cost to the City upon completion of the first coat of striping and prior to the final striping.
Stencils used for pavement markings must conform to the latest Caltrans approved NonMetric Stenciling Standards.
Add to Subsection 84-1.04, “Protection from Damage,” of the State of California Standard Specifications the following:
Newly painted or existing striping or applied thermoplastic pavement markings which are damaged as a result of the construction, including wheel markings by public traffic and the construction equipment, shall be repainted or thermoplastic replaced, and any associated removals shall be performed as outlined in these Special Provisions at the sole expense of the Contractor and no separate compensation will be allowed therefore.
Existing traffic striping and pavement markings that do not conform to the approved Plans shall be removed by wet sandblasting. Other methods may be requested by the Contractor, but shall be submitted in writing to the Engineer for approval. Blackout of existing traffic striping or pavement markings, which do not conform to the approved Plan, shall not be allowed.
Painting traffic stripes and applying of thermoplastic pavement markings shall not be separately measured.
The Contract lump sum (LS) price paid for STREET STRIPING AND PAVEMENT MARKINGS shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in painting traffic stripes and applying thermoplastic pavement markings including establishing alignment for stripes, layout work and sandblasting markers, complete in place, as shown on the Plans, as specified in the Standard Specifications and these Special Provisions and as approved by the Engineer, and no additional compensation will be allowed therefore.
PAVEMENT MARKERS
Pavement markers shall conform to the provisions in Section 85, “Pavement Markers,” of the State of California Standard Specifications and these Special Provisions.
Certificates of compliance shall be furnished for pavement markers as specified in “Prequalified and Tested Signing and Delineation Materials,” elsewhere in these Special Provisions.
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Reflective pavement markers shall comply with the specific intensity requirements for reflectance after abrading the lens surface in accordance with the “Steel Wool Abrasion Procedure,” specified for pavement markers placed in pavement recesses in Section 85-1.05, “Reflective Pavement Markers,” of the State of California Standard Specifications.
Non-reflective pavement markers shall conform to the requirements of the Section 85-1.04, “Non-Reflective Pavement Markers,” of the State of California Standard Specifications.
The bituminous adhesive used to install the markers shall be a hot melt bituminous adhesive asphaltic material with a homogeneously mixed mineral filler and shall conform with the requirements specified in Subsection 85-1.055, “Adhesives,” of the State of California Standard Specifications.
Reflective pavement markers shall be installed per the approved Plan unless otherwise approved by the Engineer. The composition of the material shall be such that its properties shall not deteriorate when heated to, and applied at temperatures up to two hundred eighteen (218)° Celsius (four hundred twenty-five (425)° Fahrenheit), using either air or oil jacketed melters.
Reflected pavement markers shall be placed at locations as established by the applicable Caltrans striping detail noted on the approved striping Plan which includes, but is not limited to temporary painted line(s), new striping or existing striping. There shall be one marker for each location. The Contractor shall perform all work necessary to establish satisfactory locations for markers.
The Contractor shall remove existing reflective pavement markers that do not conform to the approved Plan.
Reflective pavement markers shall be of the prismatic reflector type (3M model white RP290w and yellow RPM 2912y or equal) as outlined in Subsection 85-1.05, “Reflective Pavement Markers,” of the State of California Standard Specifications.
Existing pavement markers (blue) designating location of the fire hydrants shall be replaced “in kind” after the paving is completed.
The Contract unit price paid for pavement markers (blue) shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in installing pavement markers (blue) complete in place, as shown on the Plans, as specified in the Standard Specifications and these Special Provisions and as approved by the Engineer.
Full compensation for pavement markers (traffic delineation) shall be considered as included in the Contract lump sum (LS) price paid for STREET STRIPING AND PAVEMENT MARKINGS and no additional compensation will be allowed therefore.
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16. UTILITY COVER ADJUSTMENTS TO GRADE
Manholes and watervalves shall be adjusted to grade in accordance with Section 403, “Manhole Adjustment and Reconstruction,” of the GREENBOOK and as supplemented herein.
16.01 Reference Setting.
The Contractor shall note and reference the locations of the manholes and water valves and vaults prior to placing pavement in order to locate and raise them following the work. Manhole, water valve and of vault locations and distance from reference points to the center of each such facility shall be marked on either a curb face or other reference point indicators (stakes) by the Contractor prior to be getting any paving.
16.02 Adjustment to Grade
The Contractor shall lower manhole and water valves within areas designated for cold milling prior to cold milling operations. Each such manhole water valve or utility box shall be lowered to a depth below the required milling depth. Frames and covers and utility boxes shall be removed to the City yard facility and a one-half (½)” thick steel plate shall be provided to cover the hole where the utility facility exists.
Temporary AC shall be provided to fill any voids in the roadway surface which remain after the cover is in its final lowered position.
After completion of paving, the facility shall be raised to grade. The finish grade of raised facilities shall be one-quarter (¼) inch below the finish grade of the asphalt concrete pavement.
The Contractor shall exercise care such that rocks, dirt and debris do not enter sewer lines.
The water valves shall be raised as follows: the asphalt pavement immediately adjacent to the water valve shall be removed, the existing frame and cover removed, the existing sleeve extended or replaced with matching material to extend from the valve to the new valve frame elevation, the water valve frame and cover placed to match the respective water district’s standards, the water valve and cover and adjusted to proper grade, and the pavement replaced with a minimum of two inches of asphalt concrete.
The Contractor shall notify the respective utility owners at least five (5) working days in advance of the paving operations and again after completion of paving operations. Such notifications of utilities to be adjusted to grade by others shall be made in writing. The Contractor shall mark locations of utilities for those locations of facilities to be adjusted to grade by others.
The Contractor shall take care to insure no intrusion of gravel or pulverized material into the manholes or valve stem areas.
16.03 Payment.
Compensation for raising utility facilities to grade based on the applicable bid item for each type of facility and type of adjustment, and whether single or double. Single shall mean leaving the facility in place until
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paving is complete and raising the grade thereafter. Double shall mean removing the facility prior to paving and reestablishing the facility at finish grade per specifications after paving. The unit price bid shall be considered full compensation for removing the facility, and storing and replacing it as applicable, protecting the facility at all times during the procedure and as specified, and resetting the facility at finish grade, including all materials, equipment and labor and incidentals.
17. SANITARY ARRANGEMENTS
The Contractor shall make provisions for and maintain in a sanitary manner at the work site all necessary and sanitary conveniences for the workmen, in accordance with the rules and regulations of the State Board of Health.
18. ACCESS
The Contractor’s attention is directed to the existing pedestrian and vehicular access ways crossing the lines of work. These access ways shall not be closed unless an alternate access way is provided. The Contractor shall assume full responsibility for providing alternate access. The compensation for the work in this item shall be considered as included in the cost of the various contract items of work and additional compensation will be made therefore.
19. INSURANCE
The Contractor’s attention is directed to the amount of insurance as shown in the Contract Documents Section XII INSURANCE.
20. CONSTRUCTION CONFERENCE
The Contractor’s attention is directed to the preconstruction conference as stated in General Conditions Article 2, Section 2.7 PRECONSTRUCTION CONFERENCE.
21. EXISTING IMPROVEMENTS
The Contractor shall make every effort to protect all existing improvements and facilities from damage during the progress of his work. No trees, planters, walks, shrubs, signs, fences or other such facilities shall be removed except as shown or called for on the plans or unless specifically authorized in writing by the Engineer. The Contractor shall be held responsible for the care and preservation of the present premises and of adjacent premises and coterminous property. Any parts of them which are injured, damaged or disturbed because of his work shall be repaired, replaced or cleaned by him at his expense.
The Contractor shall apply either water and/or dust palliative for the alleviation or prevention of dust nuisance and damage originating from the Contractor’s operation.
22. MAINTENANCE CALL-OUTS
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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.
23. WARRANTIES, GUARANTEES AND INSTRUCTION SHEETS:
Warranties, guarantees and instruction sheets shall conform to the provisions in Section 5-1.47, “GUARANTEE” of the CALTRANS 2025 Standard Specifications and these Special Provisions.
Completed work shall be guaranteed to the City by the Contractor for a period of not less than twelve (12) months following the date of acceptance thereof. Where Contractor-installed equipment and/or facilities are damaged prior to final acceptance by the City, the Contractor shall repair or replace such equipment and/or facilities at his/her own expense.
24. STORAGE OF MATERIAL.
The site of work shall be maintained clean at all times. Excavated material shall be loaded directly and hauled away from job site for disposal at the Contractor’s expense. The Contractor shall not store material on job site. He shall store material at a site convenient to the job, off public ways, arranged and paid as a part of his Contract work.
25. VERIFYING, MARKING, PROTECTING 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 including obtaining records of survey monuments and property corners filed in the OFFICE OF THE COUNTY SURVEYOR OF IMPERIAL COUNTY for the extents of the project limits and all other areas that may be affected by the construction activities. 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.
The contractor shall also provide a signed Certificate of Monument Preservation (ED-006) prior to work activities being conduct on site AND post construction corner record (if applicable) must be completed, accepted and filed in the OFFICE OF THE COUNTY SURVEYOR OF IMPERIAL COUNTY prior to the Notice of Completion.
The contractor shall also re-establish all survey monuments within the project vicinity as provided in the records filed in the OFFICE OF THE COUNTY SURVEYOR OF IMPERIAL COUNTY that were searched and not found to the satisfaction of the OFFICE OF THE COUNTY SURVEYOR OF IMPERIAL COUNTY prior to the Notice of Completion.
The Contract lump sum (LS) price paid for MONUMENT PRESERVATION CERTIFICATE, REESTABLISHMENT OF MONUMENTS NOT FOUND IN THE WORK AREA & PROTECTION OF THOSE THAT ARE shall include full compensation for furnishing all labor, materials, tools,
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equipment and incidentals involved in verifying, marking, tying, re-establishment, research, filing and incidentals for survey monuments existing and previously destroyed, as specified in the Standard Specifications and these Special Provisions and as approved by the Engineer, and no additional compensation will be allowed therefore.
26. CONSTRUCTION STAKING
The Contractor shall perform all construction staking necessary for the Contract. This includes providing surveying for pre and post paving operations. The Contractor shall maintain existing grade throughout and ensure cross slopes are at least two (2) percent unless otherwise directed by the Engineer or his representative.
27. CONSTRUCTION WATER SUPPLY
The Contractor may use City water through a water meter to be provided by the City contingent upon a non-refundable deposit of five hundred dollars ($500). Contractor shall be responsible for payment of water usage as billed by the City.
28. 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.
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.
29. 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
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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 street sections to be cleaned are within the street areas opened to traffic. The clean-up work shall be incidental to the specific “schedule” or “additive” mobilization cost.
30. PROJECT FUNDING IDENTIFICATION SIGN.
Project Sign shall follow a modified C48(CA) approved for use on State Highways local streets and roadways funded by SB1 for all SB1 projects regardless of total contract cost, or number of work days.
The sign shall be sized for local roadways: 48” x 30”. Additional information and logos must be smaller than the SB1 Logo (not any taller than twice the maximum capital letter height displayed on the sign), and the SB1 logo must be the prominent, central graphic on the sign. Sign shall be installed 36” above existing grade from the bottom of the sign. Project Sign Shall include Project Name, City Logo, City address, City Telephone number, Contractor’s name, address, telephone number, State Contractor’s License number and an afterhours emergency telephone number for safety, police and fire emergencies.
The Project sign and location shall be submitted as a submittal document for review and approval. The Project sign is to be erected prior to commencement of any work activities.
31. MOBILIZATION AND DEMOBILIZATION
Mobilization and Demobilization, shall consist of: Submittals, Project Meetings, Administration, Performance Bond, Payment Bond, Bid Bond, Insurance, Freight, Taxes, Safety Requirements, Notification and Signage of work to community, El Centro Business License, , Project Identity Signs, County of Imperial Air Pollution Control District requirements, As-Built Drawings.
32. EROSION CONTROL
Full compensation for the installation, inspection and maintenance of best management practice erosion control devices as required by the California Stormwater Quality Association, plan set, and these special provisions to mitigate sediment and run-off control shall be considered as included in the Contract lump sum (LS) price paid for EROSION CONTROL and no additional compensation will be allowed therefore.
33. MATERIAL TESTING
The Contract price shall be included as part of the “GEOTECHNICAL AND MATERIAL TESTING” LUMP SUM (LS) item and shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals involved in material sampling and testing for fill material, Sub-base material, Asphalt and Concrete as specified in the State of California Standard Specifications and these Special Provisions, no additional compensation will be allowed therefore.
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34. EL CENTRO BUSINESS LICENSE
The Contractor and Subcontractors performing work on this project shall obtain a business license from the City of El Centro at 1275 W. Main Street, El Centro, California 92243, telephone number (760) 337-4508. The Contractor and Subcontractors shall contact the Building Department regarding the cost of the license and include the business license cost in the proposal.
35. AIR POLLUTION CONTROL DISTRICT REQUIREMENTS
The Contractor shall be required to comply with the County of Imperial Air Pollution Control District’s requirements. County of Imperial Air Pollution Control District forms, requirements and information are available via the internet at https://apcd.imperialcounty.org/ The Contractor shall be responsible for completing, submitting and implementing the Construction Notification Form and Dust Control Plan as required by the Imperial County Air Pollution Control District. The Construction Notification Form. The Contractor shall be responsible to apply water to the construction work area on a daily basis to mitigate dust creation and provide all personnel, equipment and material to minimize dust at the project in conformance with the County of Imperial Air Pollution Control District requirements.
36. MATERIAL DELIVERY TICKETS
The Contractor shall provide material delivery tickets to the City for Class 2 Base, P.C.C. concrete, asphalt concrete, RHMA, ARAM 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
City Council of the City of El Centro
1275 W. Main Street
El Centro, CA 92243
SUBMITTED
ACTION ITEM (ID # 2026-200)
Item: 8.
Meeting: 7/7/2026 3:30 PM
Department: Police
Category: Presentation
Prepared by: Rene McNish ,
Commander
Department Head: Rene McNish
DOC ID: 2026-200
Opioid Settlement Funds Community Enhancement Projects.
CITY MANAGER'S RECOMMENDATION:
Approve the use of Opioid Settlement Funds to support two Opioid Abatement Initiatives:
(1) An allocation of $22,500 to the El Centro Police Athletic League (PAL) for Project Deter, a youth opioid misuse prevention program; and (2) the assignment of one (1) Police Sergeant and one (1) Police Officer to implement the El Centro Police Department's Officer-Based Opioid Remediation Program.
FISCAL IMPACT:
Funding for both initiatives will be provided through available Opioid Settlement Funds. No impact to the City's General Fund is anticipated. Project Deter requests an allocation of $22,500 to support opioid prevention education, outreach, curriculum materials, program evaluation, and prevention-related supplies. The Officer-Based Opioid Remediation Program will utilize opioid settlement funds to support personnel costs associated with one Police Sergeant and one Police Officer assigned exclusively to allowable opioid remediation activities. The projected three-year program cost is approximately $881,111.13, including salary, retirement contributions, health insurance, workers' compensation, payroll taxes, and other employer-paid benefits. All expenditures will be subject to applicable opioid settlement reporting, documentation, audit, and compliance requirements.
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 CHECKS, INSURANCE, ETC.:
BACKGROUND:
The opioid epidemic continues to create significant public health challenges throughout California and the nation. The El Centro Police Department has developed a comprehensive opioid abatement strategy that addresses both prevention and intervention needs within the community. Project Deter focuses on youth prevention through structured education, mentorship, and community engagement. The Officer-Based Opioid Remediation Program focuses on outreach, treatment linkage, overdose prevention, naloxone distribution, and recovery support services for individuals impacted by opioid use
disorder. Together, these initiatives address multiple stages of opioid prevention and recovery consistent with approved opioid remediation strategies.
DISCUSSION:
Project Deter will utilize PAL's established youth programs to deliver a structured 12-week opioid misuse prevention curriculum. Participants will receive education related to opioid risks, fentanyl awareness, safe medication practices, overdose prevention, mental health awareness, and healthy alternatives for pain management. Program performance will be measured through attendance records, surveys, participation rates, participant and parent feedback, and demonstrated increases in knowledge regarding opioid risks and safe medication practices.
The Officer-Based Opioid Remediation Program is a non-enforcement initiative focused exclusively on allowable opioid remediation activities. Personnel assigned to the program will conduct post-overdose follow-up with overdose survivors, facilitate referrals to treatment and recovery services, distribute naloxone and overdose prevention education materials, conduct trauma-informed outreach to individuals at high risk of overdose, and coordinate services with behavioral health providers, public health agencies, and community-based organizations. All funded activities will be non-enforcement in nature and subject to activity-based time tracking, expenditure documentation, outcome measurement, and audit compliance procedures.
CONCLUSION:
APPROVE THE USE OF OPIOID SETTLEMENT FUNDS TO SUPPORT TWO OPIOID ABATEMENT INITIATIVES: (1) AN ALLOCATION OF $22,500 TO THE EL CENTRO
POLICE ATHLETIC LEAGUE (PAL) FOR PROJECT DETER, A YOUTH OPIOID MISUSE PREVENTION PROGRAM; AND (2) THE ASSIGNMENT OF ONE (1) POLICE SERGEANT AND ONE (1) POLICE OFFICER TO IMPLEMENT THE EL CENTRO
POLICE DEPARTMENT'S OFFICER-BASED OPIOID REMEDIATION PROGRAM
CONSISTENT WITH CALIFORNIA DEPARTMENT OF HEALTH CARE SERVICES GUIDANCE AND APPROVED OPIOID REMEDIATION USES.
ATTACHMENTS:
1. CRU Expansion
2. Project Deter
EL CENTRO
POLICE DEPARTMENT
EL CENTRO
POLICE DEPARTMENT
Opioid Settlement Fund Request
Community Relations Unit Expansion - Officer-Based Opioid Remediation Program Request:
Approve the use of Opioid Settlement Funds to support the assignment of one (1) Sergeant and one (1) Police Officer to implement the El Centro Police Department's Officer-Based Opioid Remediation Program.
Program Overview:
The proposed Officer-Based Opioid Remediation Program is a non-enforcement initiative focused exclusively on opioid abatement activities consistent with California Department of Health Care Services (DHCS) guidance and National Opioid Settlement allowable uses.
The program will provide:
• Post-overdose follow-up and engagement with overdose survivors • Naloxone distribution and overdose prevention education • Linkage to treatment, recovery, and behavioral health services • Trauma-informed outreach to individuals at high risk of overdose • Coordination with public health, behavioral health, and community-based organizations
The program is designed to reduce overdose risk, increase access to treatment and recovery services, and improve outcomes for vulnerable individuals impacted by opioid use disorder.
Community Benefit:
The program is intended to:
• Reduce opioid overdose incidents through post-overdose intervention • Increase access to naloxone and overdose prevention resources • Improve referrals to treatment and recovery services
• Support vulnerable and high-risk populations affected by opioid use disorder • Strengthen collaboration between public safety, public health, behavioral health, and community service providers
Fiscal Impact:
The proposed staffing model utilizes a progressive salary structure beginning at Step 3 and advancing to Step 5 over the three-year program period.
Year Sergeant Officer Total
Year 1 (Step 3) $158,854.02 $121,291.50 $280,145.52
Year 2 (Step 4) $166,665.28 $127,033.24 $293,698.52
Year 3 (Step 5) $174,507.66 $132,759.43 $307,267.09
Three-Year Total $500,026.96 $381,084.17 $881,111.13
Personnel costs include salary, retirement contributions, health insurance, workers' compensation, payroll taxes, and other employer-paid benefits.
Funding will be limited to documented opioid remediation activities and will be subject to activity-based time tracking, expenditure documentation, performance reporting, and audit requirements.
No General Fund impact is anticipated provided personnel are utilized exclusively for allowable opioid remediation activities. Any non-opioid-related activities must be funded from non-settlement funding sources.
EL CENTRO
POLICE DEPARTMENT
EL CENTRO
POLICE DEPARTMENT
Opioid Settlement Fund Request
El Centro Police Athletic League - Project Deter
Request:
Approve an allocation of $22,500 in Opioid Settlement Funds to the El Centro Police Athletic League (PAL) for Project Deter, a youth opioid misuse prevention program.
Program Overview:
Project Deter utilizes PAL's existing youth sports programs to deliver a structured opioid misuse prevention curriculum, mentorship, and community education. Youth participants will receive a 12-week prevention series covering opioid risks, fentanyl awareness, safe medication practices, mental health, overdose awareness, and healthy alternatives for pain management.
Community Benefit:
The program is designed to:
Increase youth awareness of opioid and fentanyl risks.
Promote safe medication use and disposal.
Strengthen protective factors through mentorship and positive youth engagement.
Provide prevention education to at-risk youth and families.
Performance Measures:
Program outcomes will be tracked through:
Participant attendance
Pre- and post-program surveys
Knowledge of opioid risks and safe medication practices Participant and parent feedback
Curriculum participation and mentorship metrics
Fiscal Impact:
Funding Request: $22,500
Funding will support:
Prevention education and outreach
Program monitoring and evaluation
Educational materials and prevention literature
Prevention-related program supplies
No General Fund impact is anticipated. Funding will be provided through available Opioid Settlement Funds.
City Council of the City of El Centro
1275 W. Main Street
El Centro, CA 92243
SUBMITTED
ACTION ITEM (ID # 2026-179)
Item: 9.
Meeting: 7/7/2026 3:30 PM
Department: Community Services
Category: Resolution
Prepared by: Clara Obeso, Economic
Development Manager
Department Head: Adriana Nava
DOC ID: 2026-179
Resolution of Intent to Submit Nomination of Census Tract No. 112.02 (GEOID 6025011202) and Census Tract No. 114 (GEOID 6025011400) for Consideration as Qualified Opportunity Zones
CITY MANAGER'S RECOMMENDATION:
Adopt Resolution No. 26- , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EL CENTRO DECLARING ITS INTENT TO SUBMIT NOMINATION OF CENSUS TRACTS FOR CONSIDERATION AS QUALIFIED OPPORTUNITY ZONES.
FISCAL IMPACT:
There is no direct fiscal impact associated with the adoption of this Resolution.
Should Census Tract No. 112.02 and Census Tract No. 114 ultimately be designated as Qualified Opportunity Zones, the designation may enhance the City's ability to attract private investment and support future economic development, redevelopment, housing, and job creation efforts within the designated area. Any future projects or incentives resulting from the designation would be evaluated separately and presented to the Council, as appropriate.
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
Financial & Governance Stability & Sustainability
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.:
N/A
BACKGROUND:
The federal Tax Cuts and Jobs Act established the Opportunity Zone Program to encourage long-term private investment in economically distressed communities through federal tax incentives. The program allows eligible census tracts to be designated as Qualified Opportunity Zones, creating opportunities for investors to receive certain federal tax benefits when investing in qualifying projects located within designated areas.
Opportunity Zone 2.0 is anticipated to become effective on January 1, 2027, and will remain in effect for a ten-year period. Under the program, eligible census tracts may be nominated by the Governor of the State of California for consideration by the United States Department of Treasury.
Staff evaluated eligible census tracts within the City of El Centro utilizing demographic,
economic, and development-related data. Based on this review, staff identified Census Tract No. 112.02 (GEOID 6025011202) and Census Tract No. 114 (GEOID 6025011400) as strong candidates for nomination. Both tracts meet federal eligibility requirements and exhibit characteristics that may benefit from additional private investment and economic development incentives.
DISCUSSION:
The purpose of the proposed Resolution is to formally declare the City Council's intent to nominate Census Tract No. 112.02 and Census Tract No. 114 for consideration as Qualified Opportunity Zones and to authorize staff to prepare and submit the necessary documentation in support of the nomination process.
Both census tracts demonstrate indicators of economic distress while also possessing attributes that support future investment opportunities. Census Tract No. 112.02 has a poverty rate of approximately 27.4 percent and Census Tract No. 114 has a poverty rate of approximately 28.1 percent. In addition, both tracts have median family income levels below area median income thresholds established for Opportunity Zone eligibility.
The two tracts contain existing residential neighborhoods, commercial and industrial development opportunities, and access to transportation corridors, utilities, and employment centers. Designation as Qualified Opportunity Zones would provide an additional economic development tool that may encourage private-sector investment, business expansion, redevelopment of underutilized properties, housing development, and job creation within these areas.
Census Tract No. 112.02 contains several vacant and underutilized properties, including City-owned parcels that may support future commercial, industrial, mixed-use, and employment-generating projects. Likewise, Census Tract No. 114 includes developable land and investment opportunities that could benefit from increased visibility and marketability associated with Opportunity Zone designation.
The proposed designation could support a variety of economic development activities, including logistics and distribution facilities, agricultural support businesses, food processing operations, commercial development, retail services, housing projects, and other employment-generating uses. Opportunity Zone designation does not guarantee investment or funding; however, it provides a valuable incentive that can increase the attractiveness of the area to private investors and developers.
CONCLUSION:
Adopt Resolution No. 26- , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EL CENTRO DECLARING ITS INTENT TO SUBMIT NOMINATION OF CENSUS
TRACTS FOR CONSIDERATION AS QUALIFIED OPPORTUNITY ZONES ATTACHMENTS:
1. Resolution FINAL
2. Census Tract 112.02 and 114
05/2026/cdz/A26-0113/Reso/NominationofCensusTractQOZ
RESOLUTION NO. 26-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO,
CALIFORNIA, DECLARING ITS INTENT TO SUBMIT NOMINATION OF
CENSUS TRACTS FOR CONSIDERATION AS QUALIFIED OPPORTUNITY ZONES
WHEREAS, the federal Tax Cuts and Jobs Act established the Opportunity Zone Program to encourage long-term investment and economic development in economically distressed communities through federal tax incentives; and
WHEREAS, the Opportunity Zone Program authorizes the Governor of the State of California to nominate eligible census tracts for designation as Qualified Opportunity Zones by the United States Department of the Treasury; and
WHEREAS, the City of El Centro (“City”) recognizes the importance of encouraging economic development opportunities that may stimulate private investment, create employment opportunities, promote redevelopment efforts, and improve economic conditions within the community; and
WHEREAS, Staff has reviewed the eligibility criteria for census tracts and has identified Census Tract No. 112.02 and Census Tract No. 114 as areas that may qualify for consideration based on socioeconomic and community development factors; and WHEREAS, the City Council desires to submit a nomination for Census Tract No. 112.02 and Census Tract No. 114 for consideration as Qualified Opportunity Zones to provide future opportunities for investment and economic revitalization benefiting residents and businesses within the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL CENTRO DOES HEREBY RESOLVE AS FOLLOWS:
1. The foregoing recitals are true, correct and incorporated fully herein as findings.
2. The City Council hereby declares its intent to nominate Census Tract No. 112.02 and Census Tract No. 114 for consideration by the Governor of the State of California as a Qualified Opportunity Zone.
3. The City Council authorizes and directs staff to prepare and submit all necessary documentation and supporting information required for consideration of the proposed census tract nomination.
4. The City Council authorizes staff to coordinate with state agencies and other appropriate entities in support of the nomination process.
5. This Resolution shall become effective immediately upon its adoption.
05/2026/cdz/A26-0113/Reso/NominationofCensusTractQOZ
PASSED and adopted at a regular meeting of the City Council of the city of El Centro, California, held on the day of 2026.
CITY OF EL CENTRO
By: __________________________
Michael Crankshaw, Mayor
ATTEST:
By ________________________
Norma Wyles, City Clerk
APPROVED AS TO FORM:
Office of the City Attorney
By _________________________
Joanna Hoff, 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. 26- 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 2026, by the following vote:
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 # 2026-207)
Item: 10.
Meeting: 7/7/2026 3:30 PM
Department: Community Services
Category: Action Item
Prepared by: Clara Obeso, Economic
Development Manager
Department Head: Adriana Nava
DOC ID: 2026-207
Discussion and related action regarding an extension to the Agreement with Catholic Charities Diocese of San Diego for the Working Hands Workforce Development Program
CITY MANAGER'S RECOMMENDATION:
Staff recommends approval of a one (1) year extension of the Agreement with Catholic Charities Diocese of San Diego for the continued implementation of the Working Hands Workforce Development Program.
FISCAL IMPACT:
The Working Hands Development Program is funded through Permanent Local Housing Allocation (PLHA) grant funds. The original agreement allocated $524,658.67 for program implementation. No General Fund contribution is required for the continuation of the program.
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
Community Health, Safety & Welfare
City Beautification, Engagement & Civic Pride
Economic Opportunity
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTOR'S LICENSE, REFERENCE CHECKS, INSURANCE, ETC.:
Catholic Charities currently operates a Navigation Center and successfully works closely with the Economic Development Division on various Community Development Block Grant Programs.
BACKGROUND:
On February 20, 2024, the City entered into an agreement with Catholic Charities Diocese of San Diego to implement the Working Hands Workforce Development Program utilizing Permanent Local Housing Allocation (PLHA) funds. The program provides temporary employment opportunities, case management, supportive services, and pathways to housing stability for individuals experiencing homelessness or at risk of homelessness.
The agreement was originally scheduled to expire on February 20, 2026. On February 17, 2026, the City Council considered a staff recommendation to extend the agreement for an additional one-year term. Following discussion regarding program performance, participant outcomes, and program expenditures, the City council approved a 120-day extension to allow additional time for program evaluation and review.
Since that time, staff has continued to monitor program operations and work closely with Catholic Charities regarding program performance, expenditures, and participant outcomes.
DISCUSSION:
The Working Hands Workforce Development Program continues to provide meaningful employment opportunities and supportive services to individuals experiencing homelessness while assisting the City with community beautification and maintenance efforts.
During the 120-day extension period, Catholic Charities continued program operations without interruption and provided ongoing case management, employment assistance, housing navigation, and supportive services to program participants.
In addition to ongoing cleanup and beautification efforts at public facilities and community locations throughout the City, the program has achieved the following updated accomplishments to date:
Performance Measure February 2026 Current
Participants Enrolled 17 21
Participants Housed 9 11
Participants Employed 6 7
Program Expenditures $ 266,646.47 $ 313,693.09
Remaining Balance $ 258,012.20 $ 210,965.58
In addition to the measurable program outcomes, Catholic Charities continues to leverage its Navigation Center and supportive services network to assist participants in addressing barriers related to housing, employment, transportation, identification documents, and access to benefits.
Based on the program's performance to date, available funding, and demonstrated community benefit, staff believes continuation of the Working Hands Workforce Development Program remains consistent with the City's goals of promoting economic opportunity, reducing homelessness, and improving quality of life throughout the community.
A one-year extension will provide program stability, allow Catholic Charities to continue serving eligible participants, and maximize the use of available PLHA funding.
CONCLUSION:
The Working Hands Workforce Development Program has continued to provide employment opportunities, supportive services, and housing-focused assistance to individuals experiencing homelessness while contributing to community beautification efforts throughout the City.
Following the City Council's approval of a 120-day extension on February 17, 2026, staff has continued to evaluate program performance and expenditures and has determined that the program continues to meet its intended objectives.
Therefore, staff recommends approval of a one-year extension of the Agreement with Catholic Charities Diocese of San Diego for the continued implementation of the Working Hands Workforce Development Program.
ATTACHMENTS:
1. Agrmnt_w_Catholic Charities_Executed
2. Copy of CCDSD Working Hands Expenditures - June'25-May'26
Catholic Charities Diocese of San Diego
Justification Budget YTD
Balance
Remaining
Jun'25 July'25 Aug'25 Sept'25 Oct'25 Nov'25 Dec'25 Jan'26 Feb'26 Mar'26 Apr'26 May'26 Personnel
.02 FTE Director of Homeless Services $ 2,060.00 $ - $ 2,060.00 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - .07 FTE Program Manager $ 5,250.00 $ 14,777.19 $ (9,527.19) $ 576.02 $ 428.22 $ 539.92 $ 726.59 $ 955.38 $ 370.62 $ 2,173.61 $ 2,879.14 $ 2,585.33 $ 3,542.36
1.0 FTE Case Worker Coach II $ 41,600.00 $ 27,456.49 $ 14,143.51 $ 1,980.23 $ 1,945.65 $ 2,395.64 $ 2,114.00 $ 3,182.96 $ 2,183.50 $ 2,278.35 $ 1,083.92 $ 2,442.48 $ 2,104.33 $ 2,367.10 $ 3,378.33
1.0 FTE Case Worker Coach II $ 41,600.00 $ 13,181.77 $ 28,418.23 $ 1,670.01 $ 1,524.84 $ 1,526.47 $ 1,531.99 $ 2,342.96 $ 1,436.43 $ 1,412.95 $ 878.80 $ 857.32 .20 FTE Cook $ 7,904.00 $ - $ 7,904.00 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Salary Total $ 98,414.00 $ 55,415.45 $ 42,998.55 $ 4,226.26 $ 3,898.71 $ 4,462.03 $ 4,372.58 $ 6,481.30 $ 3,990.55 $ 3,691.30 $ 1,962.72 $ 5,473.41 $ 4,983.47 $ 4,952.43 $ 6,920.69 Fringe Benefits $ 27,555.92 $ 13,674.19 $ 13,881.73 $ 1,104.72 $ 1,066.79 $ 1,227.33 $ 1,240.31 $ 1,799.67 $ 1,142.83 $ 1,028.03 $ 586.42 $ 1,069.47 $ 956.37 $ 1,012.24 $ 1,440.01 Transportation
insurance, maintenance, registration, gas tor vehicles used to transporrt workers and remove debris
Insurance/Maintenance/Registration $ 6,000.00 $ 59.98 $ 5,940.02 $ 26.99 $ 32.99 $ - Fuel $ 2,500.00 $ 314.22 $ 2,185.78 $ - $ - $ - $ - $ - $ 22.00 $ 292.22 Transportation Total $ 8,500.00 $ 374.20 $ 8,125.80 $ - $ - $ - $ - $ - $ - $ 22.00 $ 292.22 $ 26.99 $ - $ 32.99 $ - Operating Expenses
3 meals a day (est. $13 person per day) for 15 individuals for 12 months (365days)
Meals for participants $ 71,175.00 $ 14,758.91 $ 56,416.09 $ 5,563.96 $ 9,164.66 $ 30.29 gloves, shovels, pickers, cans, trash bags, etc. Supplies for clean up $ 15,000.00 $ 3,416.87 $ 11,583.13 $ 15.14 $ 3,585.41 $ (183.68) A cohort of 5 participants at a time (20 hours week x $16 per hour) 15 unique people total in year one
Stipends for participants $ 83,200.00 $ 69,341.27 $ 13,858.73 $ 6,468.00 $ 6,715.50 $ 5,742.00 $ 5,841.00 $ 7,359.00 $ 5,313.00 $ 6,699.00 $ 4,149.75 $ 3,828.00 $ 5,350.14 $ 5,919.37 $ 5,956.51 Day Center utilities include water, electricity Utilities - Day Center $ 3,000.00 $ 1,766.90 $ 1,233.10 $ 58.68 $ 144.48 $ 115.15 $ 129.82 $ 136.10 $ 191.40 $ 69.91 $ 170.76 $ 101.94 $ 147.56 $ 282.92 $ 218.18 cell phone for WH use Monthly Cell Service $ 420.00 $ 276.61 $ 143.39 $ - $ - $ - $ - $ 68.82 $ 34.31 $ 34.30 $ 34.81 $ - $ 69.59 $ 34.78 CCDSD clothing, hats, t-shirts, jacket, sweatshirt Branded Clothing - Participants & WH $ 10,000.00 $ - $ 10,000.00 Operating Total $ 182,795.00 $ 89,560.56 $ 93,234.44 $ 6,526.68 $ 6,859.98 $ 5,857.15 $ 5,970.82 $ 7,495.10 $ 11,137.18 $ 6,818.36 $ 4,354.81 $ 13,129.41 $ 5,497.70 $ 9,857.29 $ 6,056.08 Indirect 21.80% $ 69,163.75 $ 19,550.92 $ 49,612.83 $ 1,174.94 $ 1,113.98 $ 1,265.38 $ 1,251.91 $ 1,842.42 $ 2,381.25 $ 1,059.63 $ 664.12 $ 3,459.94 $ 1,327.05 $ 2,165.96 $ 1,844.34 TOTAL $ 386,428.67 $ 178,575.32 $ 207,853.35 $ 13,032.60 $ 12,939.46 $ 12,811.89 $ 12,835.62 $ 17,618.49 $ 18,651.81 $ 12,619.32 $ 7,860.29 $ 23,159.22 $ 12,764.59 $ 18,020.91 $ 16,261.12 $ (0.03)
Catholic Charities Diocese of San Diego - June 2025 - May 2026 Personnel Estimated
Budget
YTD
Expenditures
Director of Homeless Services $ 2,060.00 $ -
Program Manager $ 5,250.00 $ 14,777.19
Case Worker Coach II $ 41,600.00 $ 27,456.49
Case Workier Coach II $ 41,600.00 $ 13,181.77
Cook $ 7,904.00 $ -
Total $ 98,414.00 $ 55,415.45
Fringe Benefits $ 27,555.92 $ 27,138.24
Transportation
Insurance/Maintenance/Registration $ 6,000.00 $ 59.98
Fuel $ 2,500.00 $ 314.22
Transportation Total $ 8,500.00 $ 374.20
Operating Expenses
Meals for participants $ 71,175.00 $ 14,758.91
Supplies for clean up $ 15,000.00 $ 3,416.87
Stipends for participants $ 83,200.00 $ 69,341.27
Utilities - Day Center $ 3,000.00 $ 1,766.90
Monthly Cell Sevice $ 420.00 $ 276.61
Branded Clothing - Participants WH $ 10,000.00 $ -
Operating Total $ 182,795.00 $ 89,560.56
Total $ 317,264.92 $ 172,488.45
Indirect 21.80% $ 69,163.75 $ 19,550.92
TOTAL $ 386,428.67 $ 192,039.37
City Council of the City of El Centro
1275 W. Main Street
El Centro, CA 92243
SUBMITTED
ACTION ITEM (ID # 2026-146)
Item: 11.
Meeting: 7/7/2026 3:30 PM
Department: Public Works
Category: Informational Items
Prepared by: Elizabeth Zarate, Analyst
Department Head: Abraham Campos
DOC ID: 2026-146
Update Emergency Declaration - WWTP Bar Screen Failure
CITY MANAGER'S RECOMMENDATION:
Informational item only
FISCAL IMPACT:
No impact to the General Fund. Project is funded by the wastewater enterprise working capital. The estimated cost is about $800,000.00.
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.:
N/a
BACKGROUND:
The first piece of equipment that receives incoming sewer flow. The purpose of the screen is to remove inorganic materials (plastics, debris, etc.) from the wastewater stream before it enters the treatment process and to divert these materials for disposal at a landfill. The trash bar failed on January 20, 2026, Council approved a local emergency resolution to allow the repairs to proceed quickly.
DISCUSSION:
Staff has obtained quotes from the equipment supplier and has placed the order. At the May 5th Council Meeting, two agreements were approved. The agreement with Cholla Construction has been approved. Notice to Proceed was issued for Cholla construction on June 15, 2026 and they have begun mobilization on repairs to the Bar Screen at the WWTP. Parkson's agreement for the equipment has been issued a Notice to Proceed on June 15, 2026.
CONCLUSION:
Information item only
ATTACHMENTS:
None
City Council of the City of El Centro
1275 W. Main Street
El Centro, CA 92243
SUBMITTED
ACTION ITEM (ID # 2026-205)
Item: 12.
Meeting: 7/7/2026 3:30 PM
Department: City Clerk
Category: Informational Items
Prepared by: Norma Valenzuela,
Secretarial Assistant
Department Head: Norma Wyles
DOC ID: 2026-205
Received and referred to Community Development Department, Application for Alcoholic Beverage License West Coast Wings V LLC Buffalo Wild Wings 510 E Danendberg Dr. El Centro, CA 92243
CITY MANAGER'S RECOMMENDATION:
FISCAL IMPACT:
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 CHECKS, INSURANCE, ETC.:
BACKGROUND:
DISCUSSION:
CONCLUSION:
ATTACHMENTS:
1. Application for Alcoholic Beverage Buffalo Wild Wings
City Council of the City of El Centro
1275 W. Main Street
El Centro, CA 92243
SUBMITTED
ACTION ITEM (ID # 2026-213)
Item: 13.
Meeting: 7/7/2026 3:30 PM
Department: City Clerk
Category: Informational Items
Prepared by: Norma Valenzuela,
Secretarial Assistant
Department Head: Norma Wyles
DOC ID: 2026-213
Certificate of Mailing Notice of Application to the City, County and Municipal Governmental Agencies Utilities Commision June 22, 2026 CITY MANAGER'S RECOMMENDATION:
FISCAL IMPACT:
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 CHECKS, INSURANCE, ETC.:
BACKGROUND:
DISCUSSION:
CONCLUSION:
ATTACHMENTS:
1. Certificate of mailing Notice of Application to the city Souther