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8.4 LANDS, EASEMENTS AND SURVEYS - OWNER’s duties in respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in Article 4. OWNER shall identify and make available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and in existing structures which have been utilized in preparing the Contract Documents as set forth in Article 4.
8.5 CHANGE ORDERS - OWNER shall execute Change Orders as indicated in Article 10.
8.6 INSPECTIONS AND TESTS - OWNER’s responsibility with respect to inspections, tests and approvals is set forth in Article 13.
8.7 SUSPENSION OF WORK - In connection with OWNER’s right to stop work or suspend work, see Articles 13 and 15.
8.8 TERMINATION OF AGREEMENT - Article 15 deals with OWNER’s right to terminate services of CONTRACTOR.
8.9 OWNER’S RESPONSIBILITY FOR UNDISCLOSED HAZARDOUS MATERIALS - OWNER’S responsibility with respect to undisclosed Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Materials uncovered or revealed at the site is set forth in Article 4.
8.10 NO OWNER SUPERVISION INTENDED - Neither OWNER nor CONSTRUCTION MANAGER shall supervise, direct or have control or authority over, nor be responsible for, CONTRACTOR’s means, methods, techniques, sequences or procedures of construction or the Safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the WORK. OWNER and CONSTRUCTION MANAGER will not be responsible for CONTRACTOR’s failure to perform or furnish the WORK in accordance with the Contract Documents.
ARTICLE 9 -- CONSTRUCTION MANAGER’S STATUS DURING CONSTRUCTION
9.1 GENERAL
9.1.1 OWNER’S REPRESENTATIVE - CONSTRUCTION MANAGER will be OWNER’s representative during the construction period. The duties and responsibilities and the authority of CONSTRUCTION MANAGER as CONSTRUCTION MANAGER during construction are set forth in the Contract Documents.
9.1.2 Contract Documents Terms- Whenever in the Contract Documents the terms “as ordered,” “as directed,” “as required,” “as allowed,” “as reviewed,” “as approved,” or terms of like effect or import are used, or the adjectives “reasonable,” “suitable,” “acceptable,” “proper,” or “satisfactory” or adjectives of like effect or import are used to describe a requirement, direction, review or judgment of CONSTRUCTION MANAGER as to the WORK, it is intended that such requirement, direction, review or judgment will be solely to evaluate the WORK for compliance with the requirements of the Contract Documents, and conformance with the design concept of the
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completed Project as a functioning whole as indicated by the Contract Documents, unless there is a specific statement indicating otherwise. The use of any such term or adjective shall not be effective to assign to CONSTRUCTION MANAGER any duty or authority to supervise or direct the performance of the WORK or any duty or authority to undertake responsibility contrary to the Article 9.
9.2 PRESENCE ON SITE - CONSTRUCTION MANAGER will be on site during construction to observe the progress, quantity and quality of the WORK and to determine, in general, if the WORK is proceeding in accordance with the Contract Documents. CONSTRUCTION MANAGER will not supervise, direct or have control over CONTRACTOR’s work.
9.3 CONTRACT DOCUMENT CLARIFICATIONS AND INTERPRETATIONS - CONSTRUCTION MANAGER will issue with reasonable promptness such written clarifications or interpretations of the requirements of the Contract Documents (in the form of Drawings or otherwise) as CONSTRUCTION MANAGER may determine necessary, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. Such written clarifications and interpretations will be binding on OWNER and CONTRACTOR. If CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract Price or the Contract Time and the parties are unable to agree to the amount or extent CONTRACTOR may request an adjustment in the Contract Price or an extension of the Contract Time therefore as provided in Articles 11 or 12.
9.4 AUTHORIZED VARIATIONS IN WORK - CONSTRUCTION MANAGER may authorize minor variations in the WORK, (not resulting in changes to the Contract Price or Contract Time), which are consistent with the intent of the Contract Documents. These may be accomplished by a Construction Manager Order. If CONTRACTOR believes that a Construction Manager Order justifies an increase in the Contract Price or an extension of the Contract Time, CONTRACTOR may request an adjustment in the Contract Price or an extension of the Contract Time therefore as provided in Articles 11 or 12. If CONTRACTOR proceeds with the directed work without making such a request or providing notice he will be presumed to be in agreement with CONSTRUCTION MANAGER’s determination that no change in price or time are involved, and will be considered to have waived his right to request an adjustment in Contract Time or Price.
9.5 ACCEPTANCE OF WORK - OWNER has the final authority in all matters affecting the WORK. Within the scope of the Agreement, CONSTRUCTION MANAGER has the authority to enforce compliance with the Plans and Specifications. CONTRACTOR shall promptly comply with instructions from CONSTRUCTION MANAGER or any authorized representative on all matters relating to quantities, the acceptability of material, equipment or work, the execution, progress or sequence of work and the interpretation of Specifications or Drawings. The decision of CONSTRUCTION MANAGER shall be precedent to any payment under the Agreement, unless otherwise ordered by OWNER. CONSTRUCTION MANAGER will recommend final acceptance to OWNER.
9.6 REJECTING DEFECTIVE WORK - CONSTRUCTION MANAGER will have authority to reject work which CONSTRUCTION MANAGER determines to be defective, or not in compliance with the Contract Documents or that DESIGN CONSULTANT or CONSTRUCTION
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MANAGER believes will not produce a completed Project or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. CONSTRUCTION MANAGER will also have authority to require special inspection or testing of the WORK as provided in Article 13, whether or not the WORK is fabricated, installed or completed.
9.7 CONTRACTOR SUBMITTALS - CONTRACTOR shall provide submittals in accordance with the SPECIAL PROVISIONS.
9.8 CHANGE ORDER - In connection with CONSTRUCTION MANAGER’s responsibilities as to Change Orders, see Articles 10, 11, and 12.
9.9 PAYMENTS In connection with CONSTRUCTION MANAGER’s responsibility as to Applications for Payment, see Article 14.
9.10 FINAL APPLICATION FOR PAYMENT - CONSTRUCTION MANAGER’s review of the Final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, Bonds and certificates of inspection, tests and approvals and other documentation required to be delivered by Article 14 will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests and approvals that the results certified indicate compliance with the Contract Documents.
9.11 DECISIONS ON DISPUTES
9.11.1 Interpreter Of Contract Documents - CONSTRUCTION MANAGER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the WORK thereunder. Claims, disputes and other matters relating to the acceptability of the WORK, the interpretation of the requirements of the Contract Documents pertaining to the performance of the WORK and those claims with respect to changes in the Contract Price or Contract Time will be referred initially to CONSTRUCTION MANAGER. The process to be followed is described in Article 16.
9.12 CONSTRUCTION MANAGER LIABILITY FOR INTERPRETATION - When functioning as interpreter under Article 9, CONSTRUCTION MANAGER will not show partiality to OWNER, DESIGN CONSULTANT or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by CONSTRUCTION MANAGER pursuant to Article 9 will be a condition precedent to any exercise by CONTRACTOR of such rights or remedies as he may otherwise have under the Contract Documents or by laws or regulations in respect of any such Claim, dispute or other matter pursuant to Article 16.
9.13 LIMITATION ON CONSTRUCTION MANAGER’S RESPONSIBILITIES
9.13.1 No Duty Arising Out Of Act Or Decision - Neither CONSTRUCTION MANAGER’s authority to act under this Article 9 or other provisions of the Contract Documents, nor any
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decision made by CONSTRUCTION MANAGER in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of CONSTRUCTION MANAGER to CONTRACTOR, any Subcontractor, any Supplier, any surety for any of them or any other person or organization performing any of the WORK.
9.13.2 No Supervision Role - CONSTRUCTION MANAGER will not supervise, direct, control or have authority over or be responsible for CONTRACTOR’s means, methods, techniques, sequences or procedures of construction, or the Safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations, applicable to the performance of the WORK. CONSTRUCTION MANAGER will not be responsible for CONTRACTOR’s failure to perform the WORK in accordance with the Contract Documents.
9.13.3 CONTRACTOR Acts Or Omissions - CONSTRUCTION MANAGER will not be responsible for the acts or omissions of CONTRACTOR nor of any Subcontractor, Supplier or any other person or organization performing any of the WORK.
ARTICLE 10 -- CHANGES IN THE WORK
10.1 CHANGES REQUESTED BY CONTRACTOR
10.1.1 CONSTRUCTION MANAGER Approval - Changes in the Plans and Specifications, requested in writing by CONTRACTOR, which do not materially affect the WORK and which are not detrimental to the WORK or to the interests of OWNER, may be granted to facilitate the WORK, when approved in writing by CONSTRUCTION MANAGER. If the method will result in a cost saving, an appropriate deductive change will be required.
10.1.2 Specified Methods - Changes in specified methods of construction may be made at CONTRACTOR’s request when approved in writing by CONSTRUCTION MANAGER. If the method will result in a cost saving, an appropriate deductive change will be required.
10.1.3 No Right To Change - Nothing herein shall be construed as granting a right to CONTRACTOR to demand acceptance of such changes.
10.1.4 Request for Change Made in Good Faith - The request For change shall be made in good faith, and the amount requested accurately reflects the adjustments in Contract Price or Contract Time for which CONTRACTOR believes OWNER is liable, and covers all direct, supplemental, indirect, consequential, serial and cumulative costs and delays to which CONTRACTOR is entitled as a result of the change.
10.2 OWNER’S RIGHT TO MODIFY WORK
10.2.1 Requirement To Implement Directed Change - Without invalidating the Agreement and without notice to any surety, OWNER may at any time or from time to time, order additions, deletions or revisions in the WORK; these will be authorized by a written Change Order prepared by CONSTRUCTION MANAGER and issued by OWNER. Upon receipt of any such document,
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CONTRACTOR shall promptly proceed with the work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided).
10.2.2 Request For Proposal - When OWNER desires a change in the WORK, CONSTRUCTION MANAGER will issue a Request for Proposal to CONTRACTOR.
CONTRACTOR will be required to respond within the time indicated by CONSTRUCTION MANAGER or fifteen (15) Days, whichever is less. If CONTRACTOR fails to meet the submittal time required by this provision, CONTRACTOR will be solely liable for any delays or impacts caused by the delayed submittal of the proposal.
10.3 REQUIREMENT TO PROCEED WITH WORK - If OWNER and CONTRACTOR agree on the value of any work, and the amount of Contract Time that should be allowed as a result of CONTRACTOR’s response to a Request for Proposal, CONTRACTOR shall proceed as directed by OWNER so as to minimize the impact on and delays to the work pending the issuance of a Change Order. If however, OWNER and CONTRACTOR are unable to agree as to the extent of an increase or decrease in the Contract Price or an extension or shortening of the Contract Time that should be allowed as a result of CONTRACTOR’s response to a Request for Proposal, OWNER can direct CONTRACTOR to proceed on the basis of a price for the WORK as estimated by CONSTRUCTION MANAGER or time and materials so as to minimize the impact on and delays to the work, in accordance with Article 11.
10.4 WORK NOT IN CONTRACT - CONTRACTOR shall not be entitled to an increase in the Contract Price nor an extension of the Contract Time with respect to any work performed that is not required by the Contract Documents as amended, modified, supplemented by Change Order or Field Order, except in the case of an emergency and except in the case of uncovering work as provided in Article 13.
10.5 CHANGE ORDER PROCESS - OWNER and CONTRACTOR shall execute appropriate Change Orders covering:
10.5.1 OWNER Ordered Changes - Changes in the WORK which are ordered by OWNER pursuant to Article 10;
10.5.2 Changes Due To Defective Work - changes required because of acceptance of Defective Work under Article 13;
10.5.3 Mutually Agreed Price/Time Changes - changes in the Contract Price or Contract Time which are agreed to by the parties.
10.6 NOTICE TO SURETY - If notice of any change is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR’s responsibility, and the amount of each applicable Bond shall be adjusted accordingly.
10.7 ALLOWABLE QUANTITY VARIATIONS - In the event of an increase or decrease in bid item quantity of a unit priced item in the Contract Documents, the total amount of WORK actually done or materials or equipment furnished shall be paid for according to the unit price
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established for such work under the Contract Documents, wherever such unit price has been established; provided, that an adjustment in the unit price may be made for changes which result in an increase or decrease in excess of the allowable percentage variations as set forth by the Contract Documents.
ARTICLE 11 -- CHANGE OF CONTRACT PRICE (Change Orders, Field Orders and Work Orders)
11.1 CONTRACT PRICE CHANGE - The Contract Price may only be changed by a written Change Order.
11.2 METHODS FOR DETERMINING ADJUSTMENTS IN CONTRACT PRICE
11.2.1 Methods - The methods to be used to determine an adjustment in Contract Price necessitated by changes ordered or negotiated pursuant to these General Conditions or work covered by a Request for Proposal are limited to the following:
11.2.1.1 Where the work involved is covered by lump sum prices in the Contract Documents: on the basis of a lump sum negotiation;
11.2.1.2 Where the work involved is covered or is of the same character as Unit Price Work: by application of those unit prices to the quantities of the items involved (subject to the provisions covering Unit Price Work);
11.2.1.3 Where the work involved is not covered by either of the preceding methods: by mutual acceptance of a lump sum price negotiated on the basis of CONTRACTOR’s itemized estimate of 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.
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11.2.2 CONTRACTOR’S Overhead and Profit Limitation - For all negotiated Change Orders the allowance for overhead and profit shall include full compensation for superintendence, insurance premiums, taxes, field office expense, extended overhead, home office overhead and all other items of expense or cost not included in the cost of labor, materials or equipment provided for in this Article. The allowance for overhead and profit will not exceed the following schedule:
Overhead Profit
Labor = Ten (10) percent Ten (10) percent
Materials = Ten (10) percent Five (5) percent
Equipment = Ten (10) percent Five (5) percent
To the sum of the costs and markups provided for in this Article, one (1) percent shall be added as compensation for bonding.
11.2.3 Subcontractor Mark Up - It is understood that labor, materials and equipment may be furnished by CONTRACTOR or by the Subcontractor on behalf of CONTRACTOR. When all or any part of the extra work is performed by a Subcontractor, the allowance specified herein shall be applied to the labor, materials and equipment costs of the Subcontractor, to which CONTRACTOR may add five (5) percent of the Subcontractor’s total cost for the extra work.
Regardless of the number of hierarchical tiers of Subcontractors, the five (5) percent increase above the performing Subcontractor’s total cost which includes the allowances for overhead and profit may be applied one (1) time only.
11.2.4 Equipment Rental Rates
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
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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 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.
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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.
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
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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.
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.
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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
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
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elements of cost, including, but not limited to, labor hours and payroll costs, quantities, crew mixes, production rates, material costs, Subcontractor and Supplier costs, equipment costs and supplemental costs. Where the change in Contract Price arises from changes in the schedule of all or part of the WORK, or where a change in Contract Time is sought, the submittal shall include analysis required by Article 12. With respect to work during other than normal hours, the labor charges associated with such work shall consist of straight time wages and burden plus the appropriate overtime or shift premium with no additional burden (i.e., fringe benefits) on the premium portion.
11.5.5 Additions and Deletions - The submittal shall cover all aspects of the work involved, whether relating to deleted, added, revised or impacted items of Work. Amounts for Subcontractors or Suppliers at any tier shall be similarly supported.
11.5.6 Requirements for Valid Proposal - No submittal for an adjustment in Contract Price or Contract Time shall be valid unless submitted in accordance with this Article.
11.5.7 Obligation of Surety - All work performed hereunder shall be subject to all of the provisions of the Contract Documents and CONTRACTOR’s sureties shall be bound with reference thereto as under the Agreement. Copies of all amendments to surety Bonds or supplemental surety Bonds shall be submitted to OWNER when requested.
11.5.8 Documentation - CONTRACTOR is required to comply with 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
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occurrence of said event. An increase in Contract Time does not mean that CONTRACTOR is due an increase in Contract Price.
12.1.2 CONTRACTOR Required Analysis - An extension in Contract Time will not be granted unless CONTRACTOR can demonstrate through an analysis of the Critical Path Method Progress Schedule critical path that the increases in the time to perform or complete the WORK, or specified part of the WORK, beyond the corresponding Contract Time arise from unforeseeable causes beyond the control and without the fault or negligence of both CONTRACTOR and his Subcontractors, Suppliers or other persons or organizations, and that such causes in fact lead to performance or completion of the WORK, or specified part in question, beyond the corresponding Contract Time, despite CONTRACTOR’s reasonable and diligent actions to guard against those effects.
12.1.3 OWNER’s Right To Grant Time Extension - OWNER may elect, at its sole discretion, to grant an extension in Contract Time, without CONTRACTOR’s request, because of delays or other factors.
12.2 TIME IS OF THE ESSENCE - With regard to all Milestones and all time limits stated in the Contract Documents, time is of the essence.
12.3 CRITERIA FOR DETERMINING ADJUSTMENTS IN CONTRACT TIME
12.3.1 Use Of Float and Critical Path - Use of float is in accordance with the SPECIAL PROVISIONS.
12.3.2 Types Of Delays Beyond CONTRACTOR’s and OWNER’S Control - Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners, fires, floods, epidemics, abnormal weather conditions, labor 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
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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.
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.
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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
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:
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Civil Engineering Inspections/Reviews
1. Site grading
2. All form work
3. Concrete placement
4. Asphalt placement
5. Class II Base compaction
6. Remove and replace areas
7. Utility lid adjustments
8. Traffic Striping Layout “Cat-Track” and striping installation
9. 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.
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.
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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 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
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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.
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
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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.
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
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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.
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
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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.
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.
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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, 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.
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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.
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.
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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.
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
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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:
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.
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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
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;
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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 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:
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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;
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
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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;
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.
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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.
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.
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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.
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
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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.
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.
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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.
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
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regulations are in conflict, the specific part or detailed requirement of such provision, criterion or procedure imposed or available by laws or regulations in conflict shall govern. All other specific parts or detailed requirements in the provisions, criteria or procedures of the applicable laws or regulations and these General Conditions not in conflict shall remain in full force and effect and be read with the controlling specific part or detailed requirement.
17.6.2 The provisions of paragraph 17.6 will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply.
- END OF GENERAL CONDITIONS –
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SUPPLEMENTARY GENERAL CONDITIONS
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 one hundred twenty (120) 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.
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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 –
City of El Centro, California
Bid Proposal, Contract Documents and Specifications
for
ATP CYCLE 6 IMPROVEMENTS PROJECT
ATPSB1L-5169 (065)
Volume 2 of 2
For use in conjunction with “Standard Specification for Public Works Construction,” 2024 Edition, together with subsequent annual supplements as published by Building News, Inc.
APPROVED:
__________________________________
Abraham Campos, P.E.
Director of Public Works/City Engineer
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 entitles “GREEN BOOK – Standard Specifications for Public Works Construction,” the latest edition, insofar as the same may apply, which specifications are herein referred to as the Standard Specifications and in accordance with the following provisions:
Class II Base, Conventional Asphalt Concrete Pavement, and Rectangular Rapid Flashing Beacon equipment shall comply with Caltrans Standard Specifications, latest edition.
In case of a conflict between the Standard Specifications and these General Conditions and Specifications, the General Conditions and Specifications shall take precedence over and be used in lie of such conflicting portions.
1.02 SCOPE OF WORK
This project involves constructing improvements along various roadways and intersections in the City of El Centro. Each location will have various improvements, which include but are not limited to the addition of curb, gutter, sidewalk, concrete curb ramps, installation of a Rectangular Rapid Flashing Beacon (RRFB), high visibility crosswalks, and general ADA improvements. All locations with concrete or asphalt work, will require removal of existing facilities that will be removed and replaced.
The Main Street improvements will add new curb, gutter, sidewalk, and driveways on the south side of the road between Solana Drive and LaBrucherie Road. Additional improvements, including a high visibility crosswalk for a transit facility, will be located on the north side of the roadway across from Waterman Avenue. The proposed RRFB will be located at 14th Streets, including any associated bulb-outs and under-sidewalk drainage systems. The RRFB will follow the Caltrans Traffic Manual and the latest edition of the California Manual of Uniform Traffic Control Devices (“California MUTCD”).
The State Street location will add high visibility crosswalks at the 4-way stopped control intersection at 14th Street. Additional work for 14th Street will include the addition of sidewalk, driveways and ADA facilities as needed, and potential curb and gutter if feasible.
The 10th Street and 12th Street location will include ADA improvements, including sidewalks, and driveways along Wensley Avenue, Lenrey Avenue, Sandalwood Drive and Ross Avenue and alley approaches between Wensley Avenue and Ross Avenue. The 12th Street location will also include alley approach improvements.
The 2
nd Street location will include new curb, gutter sidewalk and provide ADA facilities between Rodeo and Olive Road, in addition to Brighton Avenue, Orange Avenue, and Holt Avenue.
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The 1st Street and Farfield Drive improvements include ADA upgrades at Holt Avenue, Orange Avenue, and Olive Avenue. This includes 1st Street having high visibility crosswalks at the intersection of Orange Avenue and Olive Avenue. In addition, Farfield Driveway has additional ADA improvements along State Street.
END SPECIFICATIONS
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SPECIAL PROVISIONS &
TECHNICAL SPECIFICATIONS
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, City personnel, and others) will be held for the purpose of coordinating project activities.
The first order of work shall be to install the project signs and construction information signs ten (10) calendar days prior to the start of work.
Contractor shall provide Traffic Control Plans and Erosion Control Plans within ten (10) calendar days of receiving NTP to allow ample review time.
2. STARTING AND COMPLETION OF WORK
The work called for in these contract documents shall commence within ten (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 120 (one hundred and twenty) Calendar Days of said date.
3. FAILURE TO COMPLETE ON TIME AND LIQUIDATED DAMAGES
It is agreed by the parties to the Contract that in case of all work called for under the Contract is not completed before or upon the expiration of the time limits set forth in these Special Provisions, damages will be sustained by the City and that it will be impracticable to determine the actual damage by which the City will sustain in the event of and by reason of such delay and it is therefore agreed that the Contractor will pay to the City the sum of one thousand dollars ($1,000) per calendar day for each and every days delay beyond the time prescribed to complete the work.
4. MAINTAINING TRAFFIC
The Contractor shall furnish, install, and maintain traffic control in accordance with the latest Caltrans Standard Plans and Specifications, CAMUTCD and the WATCH Manual. See “Traffic Control” section of the General Provisions and these Technical Specifications. The Contractor shall obtain and adhere to encroachment permit requirements per agency where the work will be conducted.
The Contractor shall provide traffic control plans and detour plans, signed by a licensed Civil Engineer or Traffic Engineer in the State of California, for approval and acceptance by the Engineer. Subsequently, comments and corrections shall be returned to the Contractor within twenty (20) working days or less.
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Traffic controls, including but not limited to, vehicular, bicyclists and pedestrians traffic controls, maintenance of vehicular, bicyclists and pedestrian access, detours, and street closures shall be in accordance with latest editions of the Caltrans Standard Plans and Specifications, CAMUTCD and the WATCH Manual.
Traffic control and the traffic plans shall conform to the following:
a. The traffic control plans shall indicate the traffic control requirements for the different types of work to be performed. The Contractor shall be responsible for the preparation of plans as necessary for specific items of work. These plans shall be approved by the Engineer prior to the Contractor commencing any work. b. All traffic controls and safety devices, equipment and materials, including but not limited to, cones, delineators, flashing warning lights, barricades, high level warning devices (flag trees), flags, signs, makers, portable barriers, flashing arrow signs, electronic changeable message signs and markings shall be provided and maintained in “like new” condition.
c. The Contractor shall furnish and properly install, construct, erect, use, and continuously inspect and maintain, twenty-four (24) hours per day, seven (7) days a week, all said devices, equipment and materials and all temporary and permanent pedestrian and driving surfaces as necessary to provide for the safety and convenience of, and to properly warn, guide, control, regulate, channelize, and protect the vehicular traffic, pedestrian traffic, project workers, and the public throughout the entire limits of the work activity and beyond said limits as necessary to include area affecting or affected by the work, from the start of work to the completion of the work.
d. High-level warning devices (flag trees) are required at all times for any work being performed within the roadway unless otherwise specifically authorized by the Engineer.
e. All barricades shall be equipped with flashing warning lights, and all traffic cones shall be no less than twenty-eight (28) inches in height, except that shorter cones, twelve (12) inches high or higher, may be used during striping maintenance operations where the only function of the cones is to protect the wet paint from the traffic.
f. A minimum of one (1) Portable Changeable Message Signs (PCMS) is required in each direction in advance of each work area as identified by the City. They shall be placed two (2) weeks in advance of the start of work and maintained throughout the construction window. The PCMS shall be in clear areas and have clear line of sight for oncoming traffic. The PCMS shall not block any existing signs or project areas signs.
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g. Except as otherwise directed, as shown in the approved traffic control plans, and/or authorized by the Engineer, two-way vehicular traffic shall be maintained at all times within a minimum of two, 12-foot-wide lanes. At no time shall the Contractor be allowed to reduce the traveled way to one-way vehicular traffic. h. No reduction of the traveled way width shall be permitted between the hours per the local agency requirements, unless otherwise shown in the approved traffic control plans, or prior authorization to do so is granted by the Engineer. No lane closures/roadway closures shall be permitted or allowed on any City street before per the local agency requirements, unless otherwise shown in the approved traffic control plans, or unless authorization to do so is granted by the Engineer. No reduction of traveled way width shall be permitted on any City street per the local agency requirements, on weekends or holidays, or when active work is not being done, unless otherwise shown in the approved traffic control plans, or unless prior authorization to do so is granted by the Engineer.
i. Access to vacant unused property may be restricted by the Engineer’s discretion.
Both vehicular and pedestrian access shall be maintained at all times to all other property except as otherwise specifically authorized in writing by the Engineer. j. Any traffic control and safety devices and equipment being used which becomes damaged, destroyed, faded, soiled, misplaced, worn out, inoperative, lost, or stolen shall be promptly repaired, refurbished and/or replaced, and any traffic control and safety devices and equipment being used which are displaced or not in an upright position from any cause, shall be properly returned or restored to their proper position.
k. Any obstructed view of all signs and warning devices including but not limited to stop signs, stop ahead signs, street name signs, and other regulatory, warning and construction signs, markers, and warning devices shall be maintained at all times.
No trucks or other equipment or materials shall be stopped, parked, or otherwise placed so as to obscure said signs, markers and devices from the view of vehicle and/or pedestrian traffic to which it applies.
l. When entering or leaving roadways carrying public traffic, the Contractor’s equipment, whether empty or loaded, shall yield to said public traffic at all times, except where the traffic is being controlled by police officers, fire officers or traffic signalized intersections.
m. Stockpiling and/or storage of materials on any public right-of-way or parking areas will not be allowed without specific permission by the Engineer. Materials spilled on or along said right-of-way or parking areas shall be kept in a safe, neat, clean, and orderly fashion, and shall be restored to equal or better than original condition upon completion of the work.
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n. When work has been completed on a particular street or has been suspended or rescheduled, and said street is to be opened to vehicular traffic, all equipment, “NO PARKING” signs, other obstruction, and necessary traffic control devices and equipment shall be promptly removed from that street except as otherwise authorized or directed by the Engineer.
o. Should the Contractor be neglectful, negligent, or refuse, fail, or otherwise be unavailable to promptly, satisfactorily, and fully comply with the provisions specified and referred to herein above, the Engineer reserves the right to correct and/or mitigate any situation, which in the sole opinion by the Engineer constitutes a serious deficiency and/or serious case of noncompliance, by any means at its disposal at the Contractor’s and/or permittee’s expense, and will deduct the cost therefore from the Contractor’s progress and/or final payments.
Such corrective action taken by the City shall not reduce or abrogate the Contractor’s legal obligations and liability for proper traffic control and safety measures and shall not serve to transfer said obligations and liabilities from the Contractor to the Engineer.
p. Violations of any of the above provisions and/or provisions of the referenced publications, unless promptly and completely corrected to the satisfaction by the Engineer, shall, at the sole discretion of by the Engineer, be grounds for termination of the Contract, or shutdown or partial shutdown of the work, without compensation to the Contractor and/or permittee, or liability to the Engineer, all as prescribed by contractual obligation or State law, whichever is applicable. q. The Contract item “Traffic Control” shall include labor lights, barricades, signs, materials, fencing, and equipment necessary to ensure that the vehicular traffic conforms to requirements as set forth in this section and as require per the work shown on the project drawings.
Payment
Payment for Traffic Control shall be considered in the lump sum contract price including full compensation for furnishing all labor, material, equipment and incidentals necessary to perform the items of work and no additional compensation will be allowed therefore.
The cost associated with devising the required Traffic Control and Traffic Control Plans and the implementation of the traffic control/detour during the whole construction period is the subject for the pay item "Traffic Control".
The payment for this item will be set as follows:
35% at the first pay request processed after the installation of traffic control 35% at the second pay request thereafter
30% at the final pay request
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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 address parking and access for street reconstruction/closures with further details to follow on subsequent notices. 2) Specific notices to individual property owners shall be provided identifying improvements that will impact the frontage of their property. This notice is to be delivered to each property a minimum of two (2) weeks prior to starting construction in that area.
6. 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. a) A compaction test for the Class 2 Base subgrade material shall be required for every 1,000 square feet of Class 2 Base surface area.
b) An extraction/gradation test shall be completed from an A.C. pavement sample obtained by the geotechnical consultant representative each morning pavement operations occur. c) A compaction test for the A.C. pavement shall be required for every 2,000 square feet of A.C. street surface area.
d) A.C. pavement density testing shall be conducted on a continuous basis by the geotechnical representative during the placement of A.C. pavement.
e) One (1) set of cylinders and one (1) slump test shall be required for every 50 cubic yards of concrete except that a minimum of one (1) set of cylinders and slump test shall be required each day twenty (20) or more yards of concrete are placed at a project site. The maximum allowable slump shall be 4 inches. A set of cylinders shall be composed of three (3) cylinders. The first cylinder of a set shall be tested after seven (7) days curing. The second cylinder of a set shall be tested after 28 days curing. The third cylinder shall be held in reserve and tested if directed by the Construction Manager. The test results will be SP5
forwarded to the Construction Manager for review. The Construction Manager shall receive a concrete vendor slip for each truck load of concrete delivered to the project site. f) An A.C. mix design and concrete mix design shall be submitted for the review and approval of the Construction Manager during the submittal process. g) Geotechnical testing is required for the granular sand during the submittal process per the Technical Conditions contained within this document.
h) Geotechnical testing is required for the Class 2 Base during the submittal process per the Technical Conditions contained within this document.
7. ASPHALT CONCRETE REPLACEMENT
The work under this item shall include removal and replacement of existing asphalt concrete pavement. Asphalt shall be removed in its entirety. Contractor shall remove existing asphalt and all underlying material for a minimum depth of 1.5 feet and 1.083 feet from Finish Grade as indicated on the plans (see pavement structural sections).
Contractor shall grade and compact the existing subgrade material to a minimum of 95 percent of ASTM D1557 maximum dry density.
Contractor shall install the identified thickness of aggregate base indicated on the plans (12” thick for Pavement Structural Section No. 1 and 9” thick for Pavement Structural Section No. 2) compacted to a minimum of 95 percent of ASTM D1557 maximum dry density. Aggregate base shall conform to Caltrans Class 2 (3/4 inch maximum).
Contractor shall install identified thickness of Asphaltic Concrete identified on the plans:
- 6” thick (Pavement Structural Section No. 1) shall be installed in equal lifts not exceeding 3 inches in thickness.
- 4” thick (Pavement Structural Section No. 2) shall be installed in equal lifts of 2 inches in thickness.
Asphaltic Concrete shall be 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).
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.
Certified Weight Tickets are required to be submitted at the end of each day for Aggregate Base, Asphaltic Concrete and Tack Coat.
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8. CONCRETE, MORTAR, AND RELATED MATERIALS
201-1.1.1 General
ADD THE FOLLOWING PARAGRAPH:
The Contractor shall furnish the Engineer in the field with a copy of the mix design to be used, and with a legible certified weighmasters certificate for each load of PCC delivered to the project. PCC delivered to the project site having a water content and/or slump greater than that specified in the mix design shall be rejected and removed from the project site.
201-1.1.2 Table 201-1.1.2(A)
DELETE THE ENTIRE TABLE AND SUBSTITUTE THE FOLLOWING:
Except as otherwise specified, all PCC used on this project shall be Class 650-CW4,000 with a maximum slump of 4 in for all PCC and with the exact mix proportions being determined by the Contractor except for trench backfill slurry, air-placed Concrete-Method B, and as specified by the Engineer.
Concrete shall have 100% coverage of a curing compound.
9. EARTHWORK
SECTION 300 of the Green Book– EARTHWORK IS AMENDED AS FOLLOWS:
300-1 Clearing and Grubbing
300-1.1 General
ADD THE FOLLOWING PARAGRAPHS:
Along with all items indicated on the Plans to be removed, clearing and grubbing shall also include, but not be limited to, the following items:
a) Clearing for and providing temporary graded driveways and continuing maintenance thereof to provide continuous access to all residences and businesses within the project area as directed by the Engineer. b) Sawcutting of Portland Cement Concrete and asphalt concrete to neat straight lines at joints and right of way limits or as designated on the plans. There is no separate pay item for sawcutting.
c) Protection of existing and relocated utility lines and structures prior to and during construction of proposed improvements.
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d) Removal and disposal of interfering portions of abandoned utility lines and structures.
e) 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.
f) Removal and disposal of any additional items not specifically mentioned which may be found within the work limits.
g) Maintenance of project appearance.
h) Control of water and dewatering during construction. i) Hauling and disposal of deleterious materials resulting from clearing and grubbing operations at a site obtained by the Contractor and approved by the Engineer.
j) Cleanup of project area upon completion of work.
k) Removal existing signs as noted on the plans and as directed by the Engineer l) Self-propelled drop hammers will not be allowed for removals.
The Contractor shall protect all existing structures or facilities which are adjacent to, or fall within, the limits of work to be done under the Contract in accordance with Sections 7-9 and 300-1 of the Standard Specifications. This item shall also include those structures and facilities which the Plans show, or these Specifications indicate to be protected. Any structure or facility to be protected which is damaged as a result of the Contractor shall be repaired or replaced at his cost, to the satisfaction of the Engineer.
300-1.3 Removal and Disposal of Materials
300-1.3.1 General
DELETE THIS SECTION AND SUBSTITUTE THE FOLLOWING:
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.
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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.
300-3 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.
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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.
10. 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
303-1.11 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 – 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, 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.
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No PCC shall be ordered and/or placed until the forms have been certified by the contractor’s Professional Land Surveyor and subgrade has been inspected and approved by the contractor’s Geotechnical Testing consultant and the Engineer in the field.
303-5.3 Placing Concrete
ADD THE FOLLOWING:
All temporary storage of PCC liquid residues and mixer wash out on the project site shall be deposited within a self-containment area or bin. The Contractor may elect to allow the moisture to evaporate and dispose of the material as a solid or dispose of the material as a liquid. The Contractor shall notify the Engineer in writing, as a preconstruction meeting submittal, what method of disposal will be utilized.
If disposal of the material in liquid form is chosen, the Contractor must provide in writing, as part of the preconstruction meeting submittal, the name, location, telephone number, and a copy of the California Regional Water Quality Control Board permit for disposal of PCC liquid residue, or if the disposal site is located outside of the State of California, a copy of a permit issued by that state is required.
The Engineer will verify the information before the Notice to Proceed is issued.
All PCC and related work, including grading and forming, shall be suspended if the Contractor does not have a PCC liquid residue or mixer wash out containment area or bin on site one (1) working day before the scheduled placement of PCC. The Contractor will not be allowed any additional compensation or extension of time for suspended operations due to not having a containment area or bin on site. The containment area or bin shall have sufficient room for two (2) days deposit of material.
The Contractor shall provide the Engineer with a copy of the landfill receipts or disposal site receipt and weight ticket showing disposal of PCC liquid residues and wash out within five (5) working days of disposal.
303-5.4.3 Weakened Plane Joints, (a) General
ADD THE FOLLOWING:
All weakened plane joints shall be spaced at a maximum of three (3) m (ten (10) ft.) for curbs, gutters, and sidewalks. Scoring lines shall conform to those prevailing in the area and be uniform in spacing.
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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:
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 SP12
control joint to score mark or control joint, and full width of the sidewalk. All replacement areas shall be saw cut.
11. TRAFFIC STRIPING, PAVEMENT MARKINGS, AND PAVEMENT MARKERS Traffic striping, pavement markings and pavement markers shall be replaced with the same pattern as existing in conformance with these Special Provisions.
All details and dimensions for traffic striping and marking shall conform to the 2024 CALTRANS Standard Specifications, and Latest CAMUTCD. All traffic striping within the vehicular path of travel shall be thermoplastic.
11.01 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.
11.02 SECTION 310 – PAINTING – IN THE GREEN BOOK IS AMENDED AS FOLLOWS:
310-5 Painting Various Surfaces
310-5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings DELETE THE ENTIRE SUBSECTION AND SUBSTITUTE THE FOLLOWING:
Painted traffic stripes (lane lines and speed limit markings) and applying thermoplastic pavement markings (word and symbol markings, limit lines, yield lines, crosswalks, 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 SP13
The second and third paragraphs in Section 84-3.02, “Materials,” of the State of California Standard Specifications are amended to read:
State Specifications for traffic paint and glass beads may be obtained from the Transportation Laboratory, 5900 Folsom Boulevard, Sacramento, CA 95819- 4612, telephone number (916) 227- 7289.
Glass beads shall conform to 1-ACOT type beads or equal.
The Contractor shall layout and “cat-track” the alignment of the proposed striping at four and onehalf (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 cat- tracking 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 onehalf (1½) lb.) of beads per liter (twenty-six one hundredths (0.26) Gal) of paint, and to the second coat of paint at the rate of ninety-five one hundredths (0.95) kg (two (2) lb.) of beads per liter (twenty-six one hundredths (0.26) Gal) of paint.
Except as otherwise noted on the Plans or as directed by the Engineer, all angle points, as shown on the striping Plans shall be painted as a smooth, tangent curve with a radius and length as approved in the field.
Temporary tape or reflective markers utilized for the purposes of interim delineation for centerline, lane lines and crosswalk lines shall be placed to the side of the final striping pattern in such a way SP14
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 Non- Metric 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 existing pavement markings and pavement markers that are in conflict with the proposed improvements shall be obliterated per the approved methods.
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 obliteration of existing striping and markers, 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 81-3, “Pavement Markers,” of the State of California Standard Specifications and these Special Provisions.
Certificates of compliance shall be furnished for pavement markers as specified in “Prequalified and Tested Signing and Delineation Materials,” elsewhere in these Special Provisions.
Reflective pavement markers shall comply with the specific intensity requirements for reflectance after abrading the lens surface in accordance with the “Steel Wool Abrasion Procedure,” specified SP15
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, “NonReflective 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.
If pavement is damaged during the removal of existing pavement markers, the pavement shall be repaired at no additional cost to the City. Methods of repair will be proposed by the contractor prior to placement of proposed markers.
The Contract unit price paid for pavement markers shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in installing pavement 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.
Full compensation for pavement markers (traffic delineation) shall be considered as included in the Contract lump sum (LS) price paid for TRAFFIC STRIPING AND PAVEMENT MARKINGS and no additional compensation will be allowed therefore.
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12. GROUNDWATER
No groundwater work is anticipated for this project. The Contractor shall ensure there are no groundwater impacts during construction. If any groundwater is found and impacted during construction, the Contractor shall inform the City and the Engineer before completing the work.
13. COOPERATION
Attention is directed to Sections 7-1.14, “Cooperation” and 8-1.10, “Utility and Non-Highway Facilities” of the Standards Specifications.
14. 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.
15. 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.
16. INSURANCE
The Contractor’s attention is directed to the amount of insurance as shown in the General Conditions.
17. CONSTRUCTION CONFERENCE
The Contractor’s attention is directed to the preconstruction conference as stated in General Conditions.
18. 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.
SP17
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.
19. MAINTENANCE CALLOUTS
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.
20. WARRANTIES, GUARANTEES, AND INSTRUCTION SHEETS
Warranties, guarantees and instruction sheets shall conform to the provisions in Section 86-1.04, “Warranties, Guarantees and Instruction Sheets” of the State Standard Specifications and these Special Provisions.
Completed work shall be guaranteed to the City by the Contractor for a period of not less than twelve (12) months following the date of acceptance thereof. Where Contractor-installed equipment and/or facilities are damaged prior to final acceptance by the City, the Contractor shall repair or replace such equipment and/or facilities at his/her own expense.
21. STORAGE OF MATERIALS
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. Contractor shall store material at a site convenient to the job, off public ways, arranged and paid as a part of his Contract work.
22. VERIFYING, MARKING, AND RE-ESTABLISHING SURVEY
MONUMENTATION
Prior to work, the Contractor shall locate all survey monuments and property corners within the areas of demolition, concrete and paving. Survey ties shall be performed to allow the Contractor to reset/reestablish survey monumentation and/or property markers. All work shall be done by a licensed Surveyor or Civil Engineer authorized to practice Land Surveying in the State of California.
The contractor shall also provide a signed Certificate of Monument Preservation (ED-006) prior to work activities being conduct on site.
23. CONSTRUCTION STAKING
The Contractor shall provide all staking and layout points for the establishment of street subbase grade and subgrade, flowline, native earth swale finish grade, native earth embankment, A.C. paving, P.C.C. infrastructures such as curb and gutter, driveway, sidewalk, storm drainage facilities, signage and striping, demolition layout work and miscellaneous items. The Contractor is responsible to engage a contract with a California-licensed Land Surveyor or Registered Civil SP18
Engineer authorized to practice land surveying to oversee the land survey work for this project.
The staking and demolition layout work to be provided by the Contractor is as follows:
A. Establish and verify horizontal control/baseline and vertical control for the project. If there are any discrepancies found, notify the Design Engineer immediately.
B. The demolition layout shall be completed by painting the demolition lines along the pavement areas for sawcutting and grinding. Demolition layout lines in native earth areas shall be established with hubs and lath placed at 25 feet on center and at all angle points along the demolition line. Cut and fill vertical distances from the hubs to the native finish design grade will be established.
C. Install offset hubs at an offset distance determined by the Contractor for the stormwater piping. Hubs shall be placed at 20 feet on-center, at beginning and ending points and at pipe fittings. Cut and fill vertical distances referenced from the top of hub to the pipeline flowline shall be prepared and issued to the Contractor.
D. Offset hubs shall be placed in-line with the exterior edges of the stormwater inlet structures at an offset distance determined by the Contractor. Cut and fill vertical distances as referenced from the hubs to the top of finish inlet structure design grade shall be prepared and issued to the Contractor.
E. Place offset hubs 25 feet on center along P.C.C. curb and gutter, end of curve radii, beginning of curve radii, ¼ and ½ delta angle points at curve radii and barrier curb or curb and gutter ending points at an offset established by the Contractor for the rough grading work required to establish subbase elevation grade for the P.C.C. curb and gutter, P.C.C. sidewalk, P.C.C. sidewalk drain, ramp, and A.C. paving. Cut and fill vertical distances from the hubs to the subbase design grade will be established.
F. Place offset stakes at an offset distance and location determined by the Contractor at the P.C.C. ramp, catch basins, sidewalk drains and other P.C.C. infrastructure after rough grading work has been accomplished. Cut and fill vertical distances as referenced from the offset stakes to the top of P.C.C. infrastructure elevation shall be established.
G. Place offset stakes at an offset distance and location determined by the Contractor for the traffic signal pole foundations and equipment for horizontal purposes.
The construction staking shall be completed under the supervision of a Registered Civil Engineer or Land Surveyor licensed to practice land surveying in the State of California. Cut sheets shall be provided to the Contractor, Construction Manager/Resident Engineer and pertinent subcontractors within 24 hours after the completion of staking activities. If cut sheets are not provided within 24 hours after staking activities are completed, Contractor shall halt construction activities until they are received; Contract Time will not stop or be extended. Staking shall be established according to the control points as illustrated on the design plans. Staking shall be established at even stationing; i.e., 9+00, 9+25, 9+50, 9+75 and so on. The Contractor shall carefully preserve benchmarks, reference points, stakes and layout points, and in case of willful or careless SP19
destruction, shall be charged with the resulting expense and shall be responsible for any mistakes that may be caused by its unnecessary loss or disturbance.
24. 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.
25. MAINTAINING EXISTING 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.
26. CLEANUP OF SITE
During the progress of the work, the Contractor shall keep the premises occupied by him in a neat, orderly and sanitary condition. He shall dispose of refuse as often as directed, or as may be necessary so that at no time shall there be any accumulation of rubbish, excavated material or equipment that will interfere with convenience or operation of materials so as to provide the minimum obstruction to traffic at all times.
Dirt, dust, mud, native earth material, sand, gravel, asphalt debris, cement debris and all other construction-related material shall be swept from the street areas in the vicinity of the project sites on a daily basis. The material shall be removed and disposed of by the Contractor. The 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.
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27. 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.
28. 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.
29. BMP INSPECTION AND MAINTENANCE
Inspection and maintenance are required for all BMPs (run-on control, and sediment control) to maintain effectiveness for reducing or eliminating the amount of sediment that leaves a site for the duration of the Project. This is required on a daily basis and will be the Contractor’s responsibility.
30. MATERIAL DELIVERY TICKETS
The Contractor shall provide material delivery tickets to the City for Class 2 Base, P.C.C. concrete, asphalt concrete, and similar items delivered to the project site. The material tickets shall be presented to the City immediately upon the material item arriving at the project site. The material delivery tickets shall be provided by certified weight scale. Certified Weight Scale Delivery Tickets are required in order to receive payment.
31. POTHOLING
At least two working days (48 hours) prior to any potholing or excavating, the Contractor shall contact Underground Service Alert of Southern California at 811 for a Dig Alert I.D. Number.
Section 4216/4217 of the Government Code requires a Dig Alert Identification number be issued before a "Permit to Excavate" will be valid.
The Contractor shall pothole all underground utilities which are shown on the Plans or marked in the field by utility owners as being within 5 feet horizontal distance from the edge of any planned fiber optic conduit alignment, and which are at or above the planned project facility.
SP21
The Contractor shall pothole all utility crossings on public streets. The Contractor shall verify depth of all service utility crossings under sidewalk and roadway widening at a minimum of one hundred (100) foot intervals along each utility.
The potholing shall be done ahead of the any subgrade preparation such that the information on horizontal location and depth shall be given to the Agency’s Authorized Representative at least 3 days ahead of construction but not greater than 21 days ahead of construction in that area. The Contractor shall refill these potholes immediately after establishing those locations. The refilling shall conform to the relative compaction requirements for trenches.
In the event obstructions not shown on the Plans are encountered during the progress of the Work which will require alterations to the Plans, or if potholing indicates utilities are located other than as shown on the Plans, the Agency’s Authorized Representative shall have the authority to change the Plans and order the necessary deviation from the project planned line and grade.
The Contractor shall not make any deviation from the specified line and grade without approval by the Agency’s Authorized Representative. Should any deviations in the line and grade be permitted by the Agency’s Authorized Representative at the written request of the Contractor, any additional costs for pavement restoration, or other additional costs shall be borne by the Contractor.
Full compensation for potholing and refilling shall be considered as included in the price bid for other items of work and no additional compensation will be allowed therefore.
32. PROJECT SIGNS
California requires a project identity sign for all construction projects in the State of California. At a minimum, this sign must have the project name, the awarding agencies’ information, and the funding agencies’ information with the associated logos/decals.
California requires a Contractor’s identify sign for all construction projects in the State of California. At a minimum, this sign must have the Contractor’s name, address, telephone number, Stage Contractor’s License number and an after hour’s emergency telephone number and email for safety, police and fire emergencies. The Contractor’s identify sign shall be installed at two (2) locations designated by the City.
California and Federal labor laws require employee notices and posters be provided at all project sites that employ workers. Federal labor laws for Public Works projects require the current Federal Wage Decisions to be posted and maintained at the project site for the duration of a construction project. California labor laws for Public Works projects require the current State Wage Decisions to be posted and maintained at the project site for the duration of a construction project. In addition there are EEO, OSHA and other required postings to be posted and maintained at the project site for the duration of the construction.
A clear Plexiglass plate is to be placed over the sign to protect the posters from the elements.
SP22
The Contractor is responsible for providing, installing and maintaining the project signs required by this section. The Project signs shall be submitted to the Construction Manager as a submittal document for review and approval. The Project signs are to be erected at the project site prior to commencement of any work activities. The Project signs are to remain posted for the entire duration of the project.
Project Signs shall be paid for as a part of the Mobilization and Demobilization Item and shall include full compensation for all labor, materials, equipment and incidentals to provide these signs as required in the Contract Specifications, and as directed by the Engineer, and no additional compensation will be made therefore. Project Sign requirements can be seen below:
SP23
SHEET: 1 OF 1
NOTES:
THE PROJECT IDENTITY SIGN
FOLLOWING INFORMATION ON
AT A MINIMUM PROVIDE THE
FUNDING AGENCY LOGO
FUNDING AGENCY ADDRESS
FUNDING AGENCY
AWARDING AGENCY LOGO
AWARDING AGENCY PHONE NO.
AWARDING AGENCY ADDRESS
AWARDING AGENCY
NAME OF THE PROJECT
1. 2. INSTALL FACING THE PUBLIC
PROJECT IDENTITY SIGN
Tel (602) 454-0402
Phoenix, AZ 85008-4505
501 N 44th St, Suite 300
NOT TO SCALE
LOGO OF AWARDING AGENCY AGENCIES
LOGOS OF AWARDING
LOGO OF AWARDING AGENCY
FUNDING AGENCY ADDRESS
FUNDING AGENCY
AWARDING AGENCY PHONE #
AWARDING AGENCY ADDRESS
AWARDING AGENCY
PROJECT NAME
96"
TYP.
X 4" WOOD LEGS
SIGN BOARD TO THE 4"
4 " PLYWOOD 3SECURE
EACH SIDE TO
CARRIAGE BOLTS
" 8
3 INSTALL TWO (2)
GRADE
EXISTING
POSTS
4" X 4" SIGN
36"
36"
48"
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SHEET: 1 OF 1
Tel (602) 454-0402
Phoenix, AZ 85008-4505
501 N 44th St, Suite 300
NOT TO SCALE (2) SEPARATE SIGNS ARE INSTALLED, PLACE THOSE SIGNS IN CLOSE PROXIMITY.
FACE THE PUBLIC AT THE LOCATION DESIGNATED BY THE AWARDING AGENCY. IF TWO ON OPPOSITE SIDES OF THE SIGN POST. THE CONTRACTOR IDENTITY SIGN MUST
MOUNT THE CONTRACTOR IDENTITY AND THE CONTRACTOR'S EMPLOYEE NOTICES
AND CONTRACTOR'S EMPLOYEE NOTICE SIGNS OR USE ONE SET OF SIGN POSTS AND NOTE: THE CONTRACTOR SHALL INSTALL TWO (2) SEPARATE CONTRACTOR IDENTITY EMERGENCY PHONE #
CONTRACTOR'S AFTER HOURS
CONTRACTOR'S LICENSE #
CONTRACTOR'S PHONE #
CONTRACTOR'S OFFICE ADDRESS
PRIME CONTRACTOR'S NAME
CONTRACTOR'S IDENTITY
FOLLOWING INFORMATION ON
AS A MINIMUM, PROVIDE
48"
TYP.
THE 4" X 4" WOOD LEGS
4 " PLYWOOD SIGN BOARD TO 3
BOLTS EACH SIDE TO SECURE
8 " CARRIAGE 3INSTALL TWO (2)
GRADE
EXISTING
POSTS
4" X 4" SIGN
POSTERS, TYP.
EMPLOYEE NOTICES AND
PLEXIGLAS OVER THE
INSTALL CLEAR
R
48"
48"
36"
36"
POSTS
4" X 4" SIGN
GRADE
EXISTING
SIDE 1 SIDE 2
IDENTITY SIGN.
PLEXIGLAS OVER THE
INSTALL CLEAR
R
TYP.
BOARDS TO BOTH SIDES
4 " BCX PLYWOOD SIGN 3INSTALL
(FACING PUBLIC)
IDENTITY SIGN
CONTRACTOR
NOTICES AND POSTERS
CONTRACTOR'S EMPLOYEE
FEDERAL AND STATE REQUIRED
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33. AS-BUILTS
The Contractor shall maintain on the job site, a set of full-size black-line prints only, to which the Engineer shall have access at all times.
The Plans, Specifications, and other Contract Documents will govern the project. The Contract Documents are intended to be complementary and cooperative and to describe and provide for a complete project. Anything in the Specifications and not on the Plans, or on the Plans and not in the Specifications, shall be as though shown or mentioned in both.
While it is believed that much of the project will be shown on the Plans or indicated in the Specifications, this does not warrant the completeness or accuracy of such information. The Contractor is required to submit to the Engineer "as-built" prints, prior to the City’s accepting the installations. The prints shall indicate in red all deviations from the contract plans such as location number of fiber optic cable, pull boxes and runs, depths of conduit, number of conductors and other appurtenant work for future references.
The Contractor shall ascertain the existence of any conditions affecting the cost of the project which would have been disclosed by a reasonable examination of the site.
On these plans, the Contractor shall mark all as-built conditions, locations, configurations, and other details which may vary from the details represented on the original drawings. This master record of as-built conditions, including all revisions made necessary by Addenda, Change Orders, and the like, shall be maintained up to date during the progress of the work.
In the case of those drawings which are superseded by final shop drawings, the as-built drawings shall be updated by indicating how those portions are superseded.
Upon completion of the work and prior to final acceptance, legible, as-built drawings shall be turned over to the Engineer in electronic format.
Payment
As-Built Plans shall be paid for as a part of the Mobilization and Demobilization Item and shall include full compensation for all labor, materials, equipment and incidentals to provide a complete set of As-Built Plans as required in the Contract Specifications, and as directed by the Engineer, and no additional compensation will be made therefore.
34. SUBMITTALS
The Contractor shall submit the following shop drawings or submittal information to the Construction Manager/Resident Engineer for review and approval prior to commencing construction work at the project site. A total of six (6) sets of submittal documents shall be forwarded to the Construction Manager/Resident Engineer. Three (3) reviewed submittal documents shall be forwarded to the Contractor. This list is not intended to be all inclusive and the SP26
Construction Manager/Resident Engineer reserves the right to demand shop drawings and submittal information associated with any other items at its discretion.
1. A.C. mix design. The percent bitumen, sieve analysis, durability, resistance (Rvalue), aggregate gradation and all other standard parameters. The A.C. mix design shall meet the current Caltrans Standard Specifications. Mix Design is to be current within the last two (2) years.
2. Tack Coat
3. Class 2 Base gradation, durability, R-value and sand equivalent
4. Sand backfill gradation and sand equivalent
5. P.C.C. concrete mix design
6. Concrete curing compound
7. Truncated domes for the ADA compliant ramps
8. New signs and sign posts
9. Decomposed Granite – 5 Gallon Buckets and Gradation, R-value and sand equivelent
10. 2”x8” Pressure Treated Header Board
11. Thermoplastic traffic paint for marking and traffic paint for striping
12. Retroreflective raised pavement markers
13. Traffic Control Plans
14. Traffic Control Signs, barricades, cones and devices including all items illustrated on the Traffic Control Plans
15. Reinforcing bars
16. Fire Hydrant Relocation Materials
17. Under Sidewalk Drain
18. Bus Stop Shade and Bench Materials identified on G-02.06
19. Erosion Control Plans
20. Erosion Control BMP items
21. Non-traffic pull box
22. Rectangular Rapid Flashing Beacons
23. Caltrans LAPM forms and other documents required by the funding agency(ies)
24. Project Identity and Construction Signs
25. Construction Schedule
26. The letter designating the project superintendent
27. Schedule of Values
THE CONTRACTOR SHALL NOT INITIATE CONSTRUCTION UNTIL SUBMITTAL FOR ANY MATERIAL USE IS APPROVED BY THE ENGINEER. THE CONTRACTOR SHALL
OBTAIN APPROVALS ON SUBMITTALS OF ITEMS
35. CERTIFICATE OF COMPLIANCE VERIFICATION
Certificates of Compliance shall be submitted by the Contractor for selected construction items during the submittal phase in accordance with the governing agency’s(ies’) requirements and the Contract Documents. Prior to installing the preapproved construction items by the Certificates of Compliance, the actual items delivered to the project site shall be inspected, verified and approved SP27
by the Engineer. The Contractor shall not install the construction items unless the Engineer satisfactorily complete the inspection and verify the delivered construction items conform with the batch numbers, lot numbers and any other product data indicated on the previously submitted Certificates of Compliance for the construction items.
36. SUBGRADE PREPARATION
The Class 2 Base beneath A.C. pavement and concrete infrastructure shall be placed to within ±0.01 feet of design subgrade prior to the placement of A.C. pavement or P.C.C. concrete. The Construction Manager shall field verify the subbase elevations in the field prior to the placement of Class 2 Base material. Placement of P.C.C. concrete or A.C. pavement shall not be allowed until the Construction Manager has approved the subgrade design grade. Prior to the Construction Manager’s inspection of the subgrade, the Contractor shall establish bluetop hubs (stakes set to design subgrade) 25 feet on center along street sections. The stakes shall be established at the edge of pavement, centerline and hinge points/grade breaks across the street sections. Bluetop stakes shall also be placed at 25 foot stations along barrier curb and curb and gutter lines.
37. TEMPORARY CONSTRUCTION EASEMENTS (TCE’s)
The Contractor shall be responsible for reviewing the plans prior to bid to ensure that all potential TCE’s are identified. Contractor shall be responsible for coordinating with property owner’s if it is deemed that a TCE or individual agreement is required, and no additional compensation shall be provided.
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PAY ITEMS
BID ITEM 1 - MOBILIZATION AND DEMOBILIZATION
Description:
Mobilization and Demobilization shall conform to the provisions in Section 7-3.4, “Mobilization” of the Standard Specifications (Greenbook). Mobilization includes expenditures for all preparation of work in operations, including but not limited to, those costs necessary for the movement of personnel, equipment, supplies and incidentals to the project site, for the establishment of all facilities necessary for work on the project, and for all other work and operations which must be performed, and costs incurred prior to the beginning of work on the various contract items on the project site including the related demobilization costs anticipated at completion of the project.
Mobilization and Demobilization shall include, but not be limited to, the following items, all as required for the proper performance and completion of the Work:
a) Obtaining all permits, licenses, insurance, and bonds (performance and payment bonds). Providing copies to the Construction Manager/Resident Engineer; b) Moving onto the Jobsite all of Contractor’s plant, material and equipment as required; c) Developing construction water supply;
d) Providing restroom facilities – two (2) gender-neutral units near construction activities;
e) Providing potable water facilities as specified. This includes a means by which all on site Contractor, Subcontractor or supplier personnel can wash their hands with soap.
It also includes providing potable drinking water to the construction personnel at the project site;
f) Pot-holing to verify the locations of the existing utilities within the limits of construction;
g) Submitting all required Subcontractor insurance certificates, bonds and contract agreements with subcontractors;
h) Paying Taxes and Freight;
i) Posting all CAL/OSHA required notices and establishment of safety programs; j) Having the Contractor’s representative at the Jobsite full time; k) Furnishing of Construction Schedule, Contract Price Breakdown (Schedule of Values), Submittal Documents and Submittal Schedules;
l) Preparing and providing As-Built drawings;
m) Attending Project Meetings;
n) Complying with the Air Pollution Control District Permit Requirements and paying the associated Fees;
o) Providing Project Signs (Contractor’s Identity Sign and Project Identity Sign); p) Coordinating with utility purveyors, complying with their requirements and paying any fees;
q) Securing any temporary construction easements with private property owners and paying any fees;
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r) Complying with the funding source requirements, filling out the required forms (Caltrans LAPM forms), and submitting the required forms in timely manner; and s) Paying other miscellaneous fees.
Method of Measurement:
Mobilization and Demobilization will be measured for payment by the lump sum as a single unity of work.
Basis of Payment:
All costs incurred for the mobilization and the associated work shall be included in the Bid Item for the Mobilization cost and no additional compensation shall be provided therefore.
BID ITEM 2 - CLEARING AND GRUBBING
Description:
The work under this item shall adhere to the requirements set forth in Section 300-1 of the GreenBook, as well as the modifications identified in Section 9, EARTHWORK, of these Special Provisions. Also included is the removal and/or salvaging of all landscaping features identified on the plans, including all shrubs, bushes, custom landscaping features, pavers, boulders, etc.
Contractor shall be responsible for reviewing all landscaping features on the plans identified for removal to ensure that all aspects are accounted for during clear and grub operations.
Construction Requirements:
Contractor shall notify homeowners prior to removal of landscaping features fronting their property that are within the City Right-of-Way.
Contractor shall coordinate with homeowners when salvaging boulders, pavers, planters, etc. to ensure adequate placement/storage.
Method of Measurement:
Clearing and grubbing will be measured on a lump sum basis.
Basis of Payment:
The accepted quantities of clearing and grubbing, measured as provided above, will be paid for at the contract lump sum price, including furnishing, placing, and compacting the material required to fill the cavities resulting from the removal of tree stumps or other materials. Removal and disposal of existing landscaping features identified on the plans, including salvaging to a location identified by the homeowners, is included.
SP30
No payment will be made for clearing and grubbing outside the specified limits, unless such work is authorized by the Engineer.
BID ITEM 3 - REMOVAL OF CONCRETE SIDEWALK
BID ITEM 4 - REMOVAL OF CONCRETE CURB AND GUTTER
BID ITEM 5 - REMOVAL OF SINGLE CURB
BID ITEM 7 - REMOVAL OF CROSS GUTTER
BID ITEM 10 - REMOVAL OF ADA CURB RAMPS
Description:
The work under these items shall consist of the removal, wholly or in part, and satisfactory disposal of all structures and obstructions within the right-of-way which have not been designated on the project plans or specified in the Special Provisions to remain, except for those structures or obstructions which are to be removed and disposed of under other items of work in the contract.
The work shall also include salvaging designated materials and backfilling the resulting cavities.
Existing structures, sidewalks, curbs, gutters, cross gutters, ramps, and other existing improvements which are to become an integral part of the planned improvements shall remain even though not specifically noted.
Materials removed and not designated to be salvaged or incorporated into the work shall become the property of the contractor.
Construction Requirements:
Concrete curb, gutters, sidewalk, cross gutters, and curb ramps, shall be removed to neatly sawed edges with saw cuts made through the entire thickness. Concrete sidewalk to be removed shall be neatly sawed in straight lines either parallel to the curb or at right angles to the alignment of the sidewalk. No section to be replaced shall be smaller than 30 inches in either length or width. If the saw cut in the sidewalk would fall within 30 inches of a construction joint, expansion joint, or edge, the concrete shall be removed to the joint or edge, except that where the sawcut would fall within 12 inches or a score mark the saw cut shall be made in and along the score mark. Curb and gutter shall be sawed on a neat line at right angles to the curb face.
Where new concrete is to joint existing concrete, the existing concrete shall be saw cut to a true line with straight vertical edges free from irregularities. Dowels shall be placed within the existing concrete to ensure no vertical separation from subgrade expansion (#4 bars at 12” on center).
Concrete removal operations shall be performed without any damage to any portion that is to remain in place. All damage to the existing concrete, which is to remain in place, shall be repaired to a condition equal to that existing prior to the beginning of removal operations. The repairing of existing concrete damaged by the contractor’s operations shall be at no additional cost to the City.
SP31
Method of Measurement:
Removal of concrete sidewalk will be measured by the square foot.
Removal of concrete curb and gutter will be measured by the linear foot.
Removal of single curb will be measured by the linear foot.
Removal of cross gutter will be measured by the square foot.
Removal of ADA curb ramps will be measured by the square foot.
Basis of Payment:
The accepted quantities of removal of curb and gutter, measured as provided above, will be paid for at the contract price per linear foot of concrete curb removed, which price shall be full compensation for the work, complete in place.
The accepted quantities of removal of concrete sidewalk, cross gutter, and ADA ramps, measured as provided above, will be paid for at the contract price per square foot of concrete sidewalk, concrete driveway, concrete cross gutter and ADA ramp removed, which shall be full compensation for the work, complete in place.
BID ITEM 6 – REMOVAL OF CONCRETE DRIVEWAY
Description:
The work under these items shall consist of all labor, equipment, and materials necessary for the complete removal and satisfactory disposal of existing concrete pavement for driveways as identified on the project plans or specified in the Special Provisions. The work shall also include cleaning and preparing the subgrade or base for subsequent construction, as directed by the Engineer.
Construction Requirements:
The existing concrete driveway pavement shall be removed to the limits and depths shown on the plans or as directed by the Engineer. The contractor shall take care to avoid damaging adjacent pavement, curb, gutter, or underlying base materials not designated for removal. After removal, the exposed subgrade or base material shall be graded smooth and compacted to a minimum of 95 percent of the maximum density in accordance with the applicable test methods of the City of El Centro “Green Book” or as directed and approved by the Engineer.
The contractor shall provide temporary access to vehicles and pedestrians along any driveway paths, and drivable paths in the asphalt. Any temporary access shall be approved by the Engineer.
Where necessary, temporary tapers or safety measures shall be provided to ensure safe conditions SP32
Method of Measurement:
Removal of Concrete Driveway will be measured by the square foot.
Basis of Payment:
The accepted quantities of Removal of Concrete Driveway, measured as provided above, will be paid for at the contract unit price per square foot (SF), and shall be full compensation for furnishing all labor, tools, equipment, and incidentals necessary to remove and dispose of the concrete driveway, including cleanup, subgrade preparation, and compaction as required.
BID ITEM 8 - REMOVAL OF FENCE
BID ITEM 9 - REMOVAL OF WOODEN SIGN POST
Description:
The work under this item consists of furnishing all labor, equipment and materials to remove and salvage the existing fence and wooden sign posts, in accordance with the details shown on the plans and specified herein.
Materials:
All materials that are required to be replaced shall be in accordance with the notes shown in the project plans.
Materials that require replacement due to damage by the contractor shall be replaced at no additional cost to the City.
Construction Requirements:
The existing fence designated to be salvaged shall be carefully stockpiled or stored by the contractor at the El Centro Public Works Yard at 307 W. Brighton Avenue, El Centro, CA, 92243 or as directed by the Engineer.
The removal of the wooden guard post shall include the removal of the post, and any associated foundations.
Method of Measurement:
Removal and salvaging of the existing fence will be measured by a unit of linear foot.
The removal of the guard post will be measured by a unit of each.
SP33
Basis of Payment:
The accepted quantities of removal and salvaging the existing, measured as provided above, will be paid for at the contract price per lineal foot of fence removed, for a unit of each for the guard post removal and salvaged at the City of El Centro Public Works Yard, which price shall be full compensation for the work, complete in place.
BID ITEM 11 - RELOCATE MAILBOX
Description:
The work under this item shall consist of all labor, equipment, and materials necessary to remove and relocate existing mailboxes as shown on the plans or as directed by the Engineer. This work includes careful removal, transport, reinstallation at a new location, and adjustment of the mailbox and post to ensure compliance with USPS standards and City of El Centro requirements.
Construction Requirements:
Mailboxes shall be carefully removed to prevent damage to the mailbox unit. Any components damaged by the Contractor during removal, transport, or installation shall be replaced at the contractor's expense.
The relocated mailbox shall be installed at the specified location on the plans or as approved by the Engineer. The relocated mailbox shall be installed such that it is structurally stable, and the surrounding ground is neat and restored to its original condition upon completion of relocation.
Contractor shall ensure that temporary mailboxes are set up so that mail delivery services are not interrupted during construction activities.
Method of Measurement:
Relocation of Mailbox will be measured by the unit of each.
Basis of Payment:
The accepted quantities of Relocation of Mailbox, measured as provided above, will be paid for at the contract unit price per each mailbox relocated. This price shall include full compensation for all labor, tools, equipment, materials, and incidentals required to complete the work, including removal, transport, temporary mailboxes, reinstallation, and restoration of the surrounding area.
SP34
BID ITEM 12 - ADJUST UTILITY VAULT TO FINISHED GRADE
BID ITEM 13 - ADJUST WATER VALVE CANS TO FINISHED GRADE, EC-700 BID ITEM 14 - ADJUST MANHOLE FRAME & COVER TO FINISHED GRADE, EC-812 BID ITEM 15 - ADJUST WATER METER BOX TO GRADE
Description:
The work under these items shall consist of furnishing all labor, materials, and equipment necessary to adjust all frames, covers, vaults and valve boxes as indicated on the plans or as designated by the Engineer. The frames shall be set to finished grade as identified on the plans or associated details.
The Contractor may elect to remove old frames, covers, vaults and valve boxes and then install new frames and/or boxes in accordance with standard detail drawings at no additional cost to the City.
The Contractor shall be responsible for maintaining an accurate description and location of all items to be adjusted. The locations shall be referenced with map documentation by the use of swing ties or GPS locations. This information shall be supplied to the Engineer and utility owner(s) prior to taking any action that would hide or restrict access to the items to be adjusted.
Any missing or defective frames, covers, valve boxes or related hardware shall be reported to the Engineer in writing during the initial location process to allow for timely replacement. The Engineer shall be responsible for providing replacement items to the contractor. The contractor is responsible for providing items required to accomplish the required adjustments such as additional adjusting rings, valve box extensions, meter box extensions, and pull box extensions.
Construction Requirements:
Lowering Procedure: If required, manholes, valve boxes, vaults or survey monuments located within the paved areas to be milled or reconstructed shall be lowered to an elevation that will allow required work to be accomplished without damaging the facilities. Care shall be taken to prevent entrance of any material into the lowered facilities. Lowering shall be to a depth that will prevent damage to the utility during the construction activities.
All manhole frames, valves boxes, survey hand hole frames and related items removed by the contractor during the lowering process shall be maintained in a secure area, and the contractor shall bear full responsibility for the material. Any hardware items lost or damaged by the contractor shall be replaced in kind, at no additional cost to the City.
Adjusting Frames: The Contractor shall loosen frames in such a manner that existing monuments, cleanouts, manholes, and valve boxes will not be disturbed or damaged. Debris shields shall be used to prevent debris from entering sanitary sewers or storm drains. All loose material and debris shall be removed from the excavation and the interiors of structures prior to resetting frames. If dirt or debris enters the sewer system, the contractor shall be responsible for cleaning the sewer system for a minimum of one reach (the next downstream structure from the contamination point.) SP35
Frames shall be set to match finished grade or the elevations and slopes established by the Engineer. Manhole frames shall be firmly blocked in place with masonry or metal supports. Spaces between the frame and the facility shall be sealed on the inside to prevent any concrete from entering the hand hole or manhole. A concrete collar shall be placed around and under the frames to provide a seal and properly seat the frame at the required elevation and slope.
Adjustments of utilities, if located within the asphalt pavement, shall be made after placing the final surface course when there is only a single lift of pavement required. When there are multiple lifts of pavement required, adjustments may be made before the final surfacing or as directed by the Engineer.
Adjusting Valve Boxes: Valve boxes shall be adjusted to the new elevations indicated on the plans, or as established by the Engineer.
Adjusting Vaults: Vaults shall be adjusted to finished grade in areas indicated on the plans, or as established by the Engineer.
Adjustable valve boxes shall, if possible, be brought to grade by adjustment of the upper movable section. Any excavated area shall be filled with concrete to the level of the existing pavement, or as directed by the Engineer.
Method of Measurement:
Adjustment of Utility Vault to finished grade will be measured by the unit of each.
Adjustment of Water Valve Cans will be measured by the unit of each.
Adjustment of Manhole Frames and Covers will be measured by a unit of each.
Adjustment of Water Meter Box will be measured by a unit of each.
Basis of Payment:
The accepted quantity of Adjust Utility Fault to Finished Grade, measured as provided above, will be paid for at the contract unit price per each, which price shall be full compensation for the work, The accepted quantity of Adjustment of Water Valve Cans, measured as provided above, will be paid for at the contract unit price per each, which price shall be full compensation for the work, complete in place.
The accepted quantity of Adjustment of Manhole Frames and Covers, measured as provided above, will be paid for at the contract unit price per each, which price shall be full compensation for the work, complete in place. The accepted quantity of Adjustment of Water Meters, measured as provided above, will be paid for at the contract unit price per each, which price shall be full compensation for the work, complete in place.
SP36
BID ITEM 16 - UNDER SIDEWALK DRAIN, SEE DETAIL ON DWG G-02.02 Description:
The work under this item shall consist of furnishing all labor, materials and constructing the under sidewalk drain in accordance with the locations and details shown on the project plans.
Materials:
All materials shall conform to the Under Sidewalk Drain Detail shown on DWG G-02.02.
Construction Requirements:
All construction shall be performed in accordance with the project plans and as approved by the Engineer.
All other miscellaneous materials needed to install the Under Sidewalk Drains that are not listed above, complete in place, shall be provided by the contractor in order to provide a complete system in accordance with the details shown on the plans, and as accepted by the Engineer.
Method of Measurement:
Under Sidewalk Drains will be measured by a unit of square foot.
Basis of Payment:
Under Sidewalk Drains, measured as provided above, will be paid for at the contract unit price per square foot, which price shall be full compensation for the work, complete in place, including furnishing and placing diversion channels, cleanouts, and all other materials.
BID ITEM 17 - SUBGRADE PREPARATION
Description:
The work under this item shall include all labor, equipment and materials in the preparation of natural or excavated areas prior to the placement of sub-base material, pavement, curbs and gutters, driveways, sidewalks or other structures. It shall include stripping and disposal of all unsuitable material including existing pavement and obstructions such as stumps, roots, rocks, etc., from the area to be paved.
Construction Requirements:
Preparation of Subgrade: The moisture content shall be brought to that required for compaction by the addition of water, by the addition and blending of dry, suitable material or by the drying of SP37
existing material. The material shall then be compacted to the specified relative density. If pumping subgrade should become evident at any time prior to paving, the Engineer may require proof rolling with a pneumatic-tire roller or other approved equipment in order to identify the limits of the unacceptable area. The proof rolling will be performed at no additional cost to the City.
Relative Compaction: The subgrade shall be scarified and loosened to a depth of 6 inches, except at Holt Avenue when working above the SoCal Gas line. Rock 6-inches or greater in size that becomes exposed due to scarification shall be removed from the scarified subgrade. When fill material is required, a layer of approximately 3 inches may be spread and compacted with the subgrade material to provide a better bond. The subgrade cut and fill areas shall be constructed to achieve a uniform soil structure having the following minimum compaction, measured as a percentage of maximum dry density when tested in accordance with AASHTO T-99, Method A, and T191 or ASTM D6938 with the percent of density adjusted in accordance with the rock correction procedures for maximum density determination. Unless otherwise noted in the project plans or project specifications, compaction shall be performed within 2 percentage points of the optimum moisture content.
(A)Below pavement, curb and gutter, attached sidewalk, roadway shoulders, and other areas within right-of-way subject to vehicular traffic 95 percent (B) Below detached sidewalk not subject to vehicular traffic 90 percent Protection of Existing Facilities: The Contractor shall exercise extreme caution to prevent debris from falling into manholes or other structures. In the event that debris should fall into a structure, it shall immediately be removed.
There are numerous shallow utilities within the limits of the proposed construction. Contractor shall expose all utilities by hand prior to commencing any work to ensure no damage or conflict occurs by way of the proposed improvements. The contractor shall immediately contact the Engineer if any utility falls within the 24” Pavement Structural Section (6” AC, 12” AB, 6” ripped subgrade) prior to continuing.
Method of Measurement:
Measurement for Subgrade Preparation will be by the square yard. The area to be measured will be the total accepted area of new asphalt concrete pavement.
The area under Portland cement concrete surfaces such as concrete curb and gutter, sidewalk, ADA ramps, concrete driveways and driveway entrances, and concrete alley entrances will not be included in the Subgrade Preparation measurement but in their respective bid items.
Basis of Payment:
Payment shall be compensation in full for stripping, scarifying, grading, excavating, hauling, filling, compacting, and disposing of excess or unsuitable materials, together with all costs SP38
incidental thereto. AC Pavement and underlying material removal is included in Subgrade Preparation.
BID ITEM 18 - CLASS II AGGREGATE BASE COURSE
Description:
The work under this item shall consist of furnishing, placing and compacting Class II Aggregate Base Course in accordance with the details shown on the project plans and the requirements of these specifications.
Materials:
The Class 2 Base material shall conform to Caltrans Section 26, latest edition, for ¾-inch maximum base material. The gradation requirements are as follows:
SIZE PERCENT PASSING
1 IN/25.00MM 100
¾ IN/19.00MM 87-100
#4/4.75MM 30-65
#30/600MM 5-35
#200/75.00MM 0-12
The sand equivalent shall be 25 or greater. An angular aggregate is to be used. Class 2 Base material shall be compacted to 95 percent of maximum density according to ASTM D-1557, unless otherwise noted on the plans or details. The tolerance for the Class 2 Base between design subgrade elevation and actual subgrade elevation as constructed in the field shall be plus or minus 0.02 feet as referenced from the design subgrade. Prior to the placement of Class 2 Base the native subbase grade shall be checked and approved by the Construction Manager. The native subbase grade shall be within plus or minus 0.05 feet of subbase design grade prior to the placement of Class 2 Base.
The Contractor shall supply a five gallon sample of the Class 2 Base to the material testing laboratory within four (4) days of the Notice to Proceed. The material shall be delivered to the testing laboratory to determine the maximum density, gradation, R-value, sand equivalent and durability index of the Class 2 Base. A copy of the test results shall be forwarded to the Construction Manager by the geotechnical consultant for review. The gradation of the Class 2 Base shall be determined and the test results forwarded to the Construction Manager for approval prior to the delivery of the Class 2 Base material to the construction site. Class 2 Base utilizing recycled materials shall not be allowed.
Construction Requirements:
Placement and Construction: The compacted lift thickness shall not exceed 6 inches. Based on the type of material, type of equipment and compaction methods used, the Contractor may propose a greater lift thickness to the Engineer for approval.
SP39
After distributing, the aggregate base course material shall first be uniformly watered and then graded to a uniform layer that will net, after compacting, the required thickness. The grading operation shall be continued to such extent as may be necessary to minimize segregation. The quantity of water applied shall be that amount which will assure proper compaction resulting in the density required.
After placement, the aggregate base course surface shall be true, even and uniform conforming to the grade and cross-section specified. In no case shall the aggregate base course vary by more than ½ inch above or below required grade.
Compaction: The contractor is responsible for providing appropriate equipment and techniques to achieve the compaction results required by this specification.
The laboratory maximum dry density and optimum moisture content for the aggregate base course material shall be determined in accordance with AASHTO T-99 method “C” OR “D,” with Rock Correction Procedure. Field ‘one-point’ maximum dry density and optimum moisture procedures will not be allowed for acceptance.
The in-place density shall be determined in the field by nuclear density testing in accordance with AASHTO T-310 or sand cone density testing in accordance with AASHTO T-191. In the event nuclear density testing is selected, and density results are in question, a sand cone correlation will be performed by the accepting agency at the contractor’s request, not to exceed one sand cone for each ten nuclear density tests.
Unless otherwise noted in the project plans or project specifications, the moisture content of the aggregate base course at the time of compaction shall be the optimum moisture content +/- 3%.
Areas, which fail initial testing for density and/or moisture content, shall be reworked until passing tests for density and/or moisture content are achieved. Lower moisture content percentages at the time of field density testing may be allowed if significant time has passed since the time of compaction and the required density has been achieved.
Method of Measurement:
Class II Aggregate Base Course will be measured by the Ton.
Basis of Payment:
Payment for Class II Aggregate Base Course will be made on the basis of the contract unit price per ton.
Payment will not be made for Class II Aggregate Base Course if Certified Weight Tickets are not provided at the time of delivery.
Class II Base quantity on Bid Schedule includes the total project TONS for thicknesses referenced in the details for ADA Ramps, Cross Gutters, Driveways, Alley Approaches and Pavement SP40
Structural Sections. Class II Base quantities on the plan sheets only reflects the TONS for the pavement structural sections.
BID ITEM 19 - ASPHALT CONCRETE PAVEMENT
Description:
The work under this item shall include furnishing all labor and materials, mixing at a plant, hauling and placing a mixture of aggregate materials, including the necessary compaction, mineral admixture and asphalt binder to form a pavement course for placement upon a previously prepared base.
Materials:
The asphalt concrete mix shall meet Section 39 of the latest Caltrans Standard Specifications and the following requirements:
• Aggregate base shall be 3/4-inch maximum, medium.
• Asphalt binder shall be PG 70-10 in accordance with the approved hot mix design. • The asphalt concrete shall be Type “A” as set forth in the state of California, Department of Transportation, Standard Specifications, Section 39, latest edition.
The contractor shall submit an approved, signed, and verified job mix formula (JMF) on Caltrans Form CEM-3513 to the City and Caltrans during the submittal phase for approval, 15 days prior to the beginning of the work.
Once the mix design has been approved by the agency and the mixing plant selected, the Contractor and/or his supplier shall not change plants nor utilize additional mixing plants without prior approval of the Engineer.
If the contractor elects to change its source of material, the contractor shall furnish the Engineer with a new mix design, which meets the requirements of Caltrans Section 39, as amended by the Project Specifications.
Construction Requirements:
Construction Requirements for AC Pavement shall conform to Section 39 of Caltrans Standard Specifications.
Method of Measurement:
Asphalt Concrete Pavement will be measured by the Ton for the mixture actually used as allowed above, which shall include the required quantities of mineral aggregates, asphalt binder, and SP41
mineral admixture. Measurement will include any tonnage used to construct any pavement section identified on the plans or as directed by the Engineer.
Certified Weight Tickets shall be provided at the time of material delivery.
Basis of Payment:
The asphalt concrete measured as provided above will be paid for at the contract price per ton, which price shall be full compensation for the item complete, as described in Caltrans Standard Specifications, Section 39, and herein.
Payment will not be made for Asphalt Concrete Pavement if Certified Weight Tickets are not provided.
BID ITEM 20 - BITUMINOUS TACK COAT (SS-1h)
Description:
The work under this item shall include all labor and materials required to apply tack coat as described in Caltrans Standard Specifications, Section 39.
Materials:
Tack coat (SS1H) application shall be in accordance with Section 39-2.01C(3)(f) of the latest Caltrans Standard Specifications.
Construction Requirements:
The tack coat shall be applied to the existing pavement surface, between HMA layers, and to vertical surfaces of curbs, gutters, and construction joints per the residual rates shown in Section 39-2.01C(3)(f).
A similar tack coat shall be applied to the surface of any course if the surface is such that a satisfactory bond cannot be obtained between it and a succeeding course.
The contact surfaces of all cold pavement joints, curbs, gutters, manholes, and the like shall be painted with SS-1h emulsified asphalt per the application rate, as specified in the Caltrans Standard Specifications Section 39-1.09C, immediately before the adjoining asphalt concrete is placed.
Method of Measurement:
Bituminous Tack Coat shall be measured by the actual tonnage used, which shall be verified by a certified weight ticket printed from the application truck.
If a certified weight ticket is not provided at conclusion of usage, no payment will be made.
SP42
Basis of Payment:
Full compensation for furnishing all labor, materials, tools, and equipment and for doing all the work involved in tack coat application shall be considered as included in the contract unit price paid per ton of tack coat installed and no additional/separate compensation shall be provided for tack coat application.
BID ITEM 21 - CONCRETE CURB AND GUTTER, TYPE A-6, EC-200 BID ITEM 22 - CONCRETE CROSS GUTTER, EC-270 & EC-273
BID ITEM 23 - 6” RETAINING CURB
BID ITEM 24 - CONCRETE SIDEWALK, EC-400
BID ITEM 25 - CONCRETE DRIVEWAY, EC-230 & EC-262
BID ITEM 26 - CONCRETE DRIVEWAY, EC-240 MODIFIED
BID ITEM 27 - CONCRETE DRIVEWAY, EC-250
BID ITEM 28 - TYPICAL ALLEY APPROACH, EC-501.1 & EC-501.2 BID ITEM 29 - DETECTABLE WARNING SURFACE, EC-403
BID ITEM 30 - CONCRETE ADA RAMP, EC-403-0 & EC-403-03
BID ITEM 31 – CONCRETE ADA RAMP, EC-403-0 & EC-403-03 MODIFIED BID ITEM 32 - CONCRETE ADA RAMP, EC-403-0 & EC-403-04
BID ITEM 33 - CONCRETE ADA RAMP, EC-403-0 & EC-403-05
BID ITEM 34 - CONCRETE ADA RAMP, EC-403-0 & EC-403-06
BID ITEM 35 - CONCRETE ADA RAMP, EC-403-0 & EC-403-07
BID ITEM 36 - CONCRETE ADA RAMP, EC-403-0 & EC-403-08
BID ITEM 37 - CONCRETE ADA RAMP, EC-403-0 & EC-403-10 MODIFIED BID ITEM 38 - CONCRETE ADA RAMP, EC-403-0 & EC-403-11
Description:
The work under these items shall consist of furnishing all materials and constructing Portland cement concrete curb, curb and gutter, ramp curb, sidewalk, ADA ramps, and cross gutters at the locations shown on the project plans in accordance with the details shown on the plans and the requirements of these specifications.
Materials:
Concrete: Concrete shall meet the City’s minimum compressive strength (28-days) of 4,000 psi.
The mix shall be per Green Book Class 650-CW-4000 with a maximum slump of 4 in for all PCC.
Sand: Clean granular sand free of clay, shale and deleterious material shall be delivered to the site and placed as noted on the plans. Sand shall be compacted to 90 percent of maximum density at optimum water content per ASTM D-1557 unless otherwise noted on the plans. The material shall conform to a sand equivalent of 30 or greater. The maximum amount of material passing the number 200 sieve shall be 6 percent. The sand shall conform to the following gradation percentages:
SP43
SIEVE SIZE PERCENT PASSING
3/8” 100
NO. 4 98-90
NO. 8 90-75
NO. 10 75-60
NO. 16 60-50
NO. 30 50-38
NO. 40 38-29
NO. 50 29-19
NO. 100 19-7
NO. 200 6-0
The Contractor shall supply a five gallon sample of sand material to the material testing laboratory within four(4) days after the Notice to Proceed is issued. The gradation, sand equivalent and maximum density of the sand material shall be determined. The test results shall be forwarded to the Construction Manager. The cost of testing shall be incurred by the Contractor. The gradation of the granular sand shall be determined and the test results forwarded to the Construction Manager prior to the delivery of the granular sand material to the construction site. Prior to the placement of sand the native subbase grade shall be checked and approved by the Construction Manager.
Detectable Warning Surface: Detectable warnings shall consist of raised truncated domes aligned in a square grid pattern in conformity to the Americans with Disabilities Act Accessibilities Guidelines (ADAAG). Truncated domes shall have the following nominal dimensions: base diameter of 1.0 inches (0.9 inches minimum) top diameter of 50 percent of the base diameter minimum to 65 percent of the base diameter maximum, and height of 0.2 inches. Dome center-tocenter spacing of 2.35 inches, measured between the most adjacent domes on the square grid.
Dome center-to-center spacing for radial installations shall be 1.6 inches minimum and 2.4 inches maximum with a base-to-base spacing of 0.65 inches minimum. Detectable warning panels shall be installed with the dome spacing and alignment maintained across adjoining panels.
Detectable warnings shall contrast visually with adjoining surfaces, either light-on-dark or darkon-light. Specific colors to be used shall be approved by the City prior to installation. Detectable warnings shall have integral color throughout.
Detectable warning materials shall be durable with a non-slip surface not subject to spalling, chipping, delamination, or separation. All detectable warnings shall be approved by the City prior to installation.
Curing Compound: Curing Compound shall conform to Section 201-4.1 of the Green Book.
Expansion Joints: Premolded expansion joint filler (Bituminous) shall meet ASTM D994 and conform to section 201-3.2 of the Green Book.
SP44
Construction Requirements:
Existing concrete shall have a clean vertical edge where it is to be joined by new construction.
Sawcutting is required when the existing matching edge is not a straight vertical edge.
Subgrade Preparation: The subgrade shall be constructed and compacted true to grades and lines shown on the plans and as specified in Section 301-1 of the Green Book. All soft or unsuitable materials shall be removed to a depth of not less than 6 inches below subgrade elevation and replaced with material satisfactory to the Engineer. Removal and replacement of soft or unsuitable materials will be paid for as extra work.
The upper 6 inches of marginally expansive soils shall be compacted at a moisture content between 0% to 3% above optimum moisture per ASTM D698. Expansive soils shall be considered unsuitable and shall be treated or removed and replaced with material as directed by the Engineer.
Alternate corrective measures contained in an existing geotechnical report or new site analysis can be submitted to the Engineer for approval. The submittal of alternative corrective measures must be a recommendation of California registered engineer and have the professional seal affixed.
Material removed for construction shall not be placed on the base and/or surfacing material already in place on the roadway nor shall the excavated material be placed in such a manner as to interfere with access to property or traffic flow in the street.
Formwork: Concrete curbs, gutters and sidewalks shall be constructed by the conventional use of forms, or may be constructed by means of an appropriate machine when approved by the Engineer.
If machines designed specifically for such work and approved by the Engineer are used, the results must be equal to or better than that produced by the use of forms. If the results are not satisfactory to the Engineer, the use of the machine shall be discontinued, and the Contractor shall make necessary repairs at his own expense. All applicable requirements of construction by use of forms shall apply to the use of machines.
Forms conforming to the dimensions of the curb, gutter, sidewalk, curb ramps, and cross gutters shall be carefully set to line and grade, and securely staked in position. The forms and subgrade shall be watered immediately in advance of placing concrete.
Forms shall be thoroughly cleaned each time they are used, and shall be coated with a light oil, or other releasing agent of a type, which will not discolor the concrete.
Concrete Placement: Placement of concrete for curbs, gutters, sidewalk, ADA ramps, and cross gutters shall conform Section 303-5.3 of the Green Book.
Joints: Concrete Joints shall conform to Section 303-5.4 of the Green Book.
Finishing: Finishing of concrete curb, gutter, sidewalk, ADA Ramps, and cross gutters shall conform to Section 303-5.5 of the Green Book.
SP45
Curing: As soon after the completion of the finishing operation as the condition of the concrete will permit, all exposed surfaces shall either be sprayed with a pigmented curing compound or sealed with a material conforming to Section 201-4.1 of the Green Book. Curing compound shall be applied under pressure through a spray nozzle in such manner and quantity as to entirely seal all exposed concrete surfaces with a uniform film. The membrane shall be applied in two applications for a total coverage of 150 square feet per gallon. Concrete surfaces shall be kept damp until the curing compound is applied. Should the curing compound seal be broken or damaged before the expiration of 10 days after the placing of the concrete, the break shall be immediately repaired by the application of additional curing compound over the damaged area.
Curing compound is required for 100% coverage of the newly poured sidewalk, curb, gutter, ADA Ramps and cross gutters.
Detectable Warning Surfaces: Detectable warnings shall be placed in freshly poured concrete (wet-set). Detectable warnings using wet-set placement shall have the bottom of the detectable warning continuously supported by the underlying concrete with no air voids.
Tolerances: The face, top, back, and flow line of the curb and gutter shall not deviate in excess of 1/4-inch over 10 feet, as tested with a 10-foot straightedge or curve template, longitudinally along the surface.
The surface of concrete sidewalk or curb ramp shall not deviate in excess of 1/8-inch over 5 feet as tested with a 5-foot straightedge except for the 1/4-inch recess of the preformed material in expansion joints.
All finished concrete widths and alignments shall not deviate from the plans, typical sections or standard details referenced within the construction documents, by more than 1/2 inch.
Gutters shall be water tested. The Contractor shall establish flow in the length of gutter to be tested by supplying and distributing water from a hydrant, tank truck or other source. After the supply of water is shut off and water has stopped flowing, the gutter shall be inspected for evidence of ponding. The work shall be deemed deficient if water is found ponded in the gutter to a depth greater than 1/2 inch or ponding extends onto the adjacent asphalt pavement.
Areas between elevations shown on the plans shall be straight graded or smoothly transitioned through a vertical curve in a manner approved by the Engineer or as otherwise indicated on the construction documents.
Slopes of Pedestrian facilities shall not exceed the maximum grades indicated in ADA guidelines:
sidewalk cross slope of 2%, ramp slope of 8.33%, ramp and landing cross slope of 2% and flared side (wing) slope of 10%.
Deficiencies and Replacements: Any section of the work deficient in depth or not conforming to the plans or specifications shall be removed and replaced by the Contractor at no additional cost to the City. Replacement or reconstruction shall be from joint to joint.
SP46
Concrete work that does not comply with requirements of Tolerances shown above, shall be removed and replaced. Remove and replace gutters that exceed the ponding tolerance. Grinding shall not be allowed.
Backfilling: Unless otherwise specified the Contractor shall backfill behind the curbs, sidewalk or curb ramps with soil native to the area to the lines and grades shown on the plans.
Cleanup: Upon completion of the work, the surface of the concrete shall be thoroughly cleaned and the site left in a neat and orderly condition.
Method of Measurement:
Concrete Curbs and Gutters: The various types of curb and gutter shown on the plans and in the proposal will be measured along gutter flow line through inlets, catch basins, curb ramps, etc., by the lineal foot to the nearest foot for each type, complete in place. Measurement for curb terminations and transitions shall be included with the linear measurement of the various types of curb or curb and gutter as shown on the plans and in the proposal.
Curb and gutter type shall be based on the configuration of the final exposed surfaces. The increased curb and gutter depth required at cross gutter aprons/spandrels shall not be measured as a separate pay item; any additional Contractor cost shall be included in the unit cost associated with the valley gutter, driveway or other associated item.
Concrete Sidewalk, Cross Gutters and Aprons: Sidewalks, cross gutters and aprons will be measured to the nearest square foot, complete in place.
Concrete ADA Ramps: Curb ramp installations shall be measured to the nearest square foot, complete in place. Curbing (single curb or curb and gutter) located at the edge of roadway shall be measured and paid for separately. The surface area of curb ramps shall not be included in the measured quantity for sidewalk.
Detectable warnings and shall be measured separately to the nearest square foot, complete in place.
Ramp curbs located behind the walkway are an integral part of parallel curb ramp and combination curb ramp installations and shall not be measured.
Unless otherwise indicated by standard details, curb ramps located within a curb return shall include the entire curb return area excluding the edge of roadway curbing (Beginning of Curb to End of Curb).
Each curb ramp not located within a curb return shall be categorized by type and measured per square foot of ramp installed, complete in place. Perpendicular curb ramps shall include the area from the back of curb between the outer edges of the ramp wings to the top of the curb ramp, ending prior to and excluding the top landing. The landing area at the top of the perpendicular curb ramp is to be included in the measured sidewalk area. Parallel and combination curb ramps shall SP47
include the ramp curb and all surfaces between the ramp curb and the back edge of the roadway curbing.
Basis of Payment:
Payment will be made in accordance with the unit prices as set forth in the as provided above.
Such payment shall include full compensation for furnishing all labor, material, tools and equipment and accomplishing all work in conformance with the details shown and identified on the plans and these special provisions.
BID ITEM 39 – FURNISH AND INSTALL BUS STOP SHADE AND BENCH, SEE DETAIL ON DWG G-02.06
Description:
The work under this item shall consist of furnishing all materials required to install the bus stop shade structure and bench per the detail on DWG G-02.06 at the location indicated on the plans.
Construction Requirements:
All materials associated with the Bus Stop Shade and Bench shall conform to the detail on DWG G-02.06.
Contractor shall lay out the bus stop and all components required for City approval prior to placement of any materials.
All work shall be in accordance with the detail on DWG G-02.06, as well as the Greenbook.
Method of Measurement:
Furnish and Install Bus Stop Shade and Bench will be measured on a Lump Sum basis.
Basis of Payment:
The accepted quantity of Furnish and Install Bus Stop Shade and Bench, measured as provided above, will be paid for at the contract unit price per lump sum, which price shall be full compensation for the work, complete in place, including but not limited to all materials identified in the detail on G-02.06, PCC concrete, excavation, backfill, compaction, geotechnical testing, complete in place.
SP48
BID ITEM 40 – 4” THICK DECOMPOSED GRANITE PATHWAY
Description:
The work under this item shall consist of furnishing all labor and materials required to construct the 4” Thick DG Pathway on Main Street at the location indicated on the plans.
Construction Requirements:
All materials associated with the DG pathway shall conform to the detail on DWG G-02.05.
Installer must provide documentation of successful completion of installing DG Pathways/Trails prior commencement.
Decomposed Granite shall not be installed in rainy conditions or when temperatures drop below 40 degrees Fahrenheit.
Stabilizer: The stabilizer shall be incorporated with the granite fines by the use of a pug mill that includes a weight belt feeder that ensures the proper ratio of binder to granite fines. Blending with the use of a bucket loader or similar is not acceptable. The binder shall be blended at the rate of 12 lbs. per ton of granite fines.
Decomposed Granite: Shall be color as approved by the City, decomposed granite free of silt, clay, weed seed, and any other deleterious material, conforming with Section 200-2.7, Disintegrated Granite, per the GreenBook and as approved by the City. Contractor shall provide a five gallon bucket sample to the Engineering and Planning Departments a minimum of 35 days prior to ordering materials for the review and approval of the City Engineering Representative.
Method of Measurement:
4” Thick Decomposed Granite Pathway will be measured by a unit of cubic yards.
Basis of Payment:
The accepted quantity of 4” Thick Decomposed Granite Pathway, measured as provided above, will be paid for at the contract unit price per cubic yard of DG installed, which price shall be full compensation for the work, complete in place, including but not limited to all materials identified in the detail on G-02.05 include DG and 2”x8” pressure treated header board, excavation, grading compaction, testing, and stabilizer.
SP49
BID ITEM 41 - RELOCATE FIRE HYDRANT, EC-700
Description:
The work under this item shall consist of furnishing all materials and relocating the fire hydrant as shown on the plans to a location indicated on the plans or as designated by the Engineer.
Construction Requirements:
All materials associated with the relocation of fire hydrants shall conform to the City of El Centro Standard Detail EC-700.
The contractor shall relocate the fire hydrant as shown on the plans. The final placement of the box shall be per the station/offset identified on the plans. The existing fire hydrant will be removed and relocated behind the proposed ADA Ramp on the southwest corner of 12th Street and Lenrey Avenue. The new location is as follows:
- Station 36+22.22, 28.80’ LT
The existing hydrant valve located in Lenrey Avenue will remain in place with the new material tying into it. New 6” diameter pipe, bury ell, and all appurtenances such as mega lugs, pipe wrap, break off check valve, etc. (other than the valve and hydrant) will be provided to ensure relocation is complete per City of El Centro Standard Detail EC-700.
Hydrant will be repainted yellow per City of El Centro standards.
Contractor will be required to coordinate with the City of El Centro Public Works Department a minimum of 1-week prior to the completion of the fire hydrant relocation and shall have a City representative on-site will the work is being completed. Once the relocation has been completed, the valve will not be open until approval is received by City Inspector/Public Works technician.
Method of Measurement:
Relocate Fire Hydrant will be measured by a unit of each.
Basis of Payment:
The accepted quantity of Relocate Fire Hydrant, measured as provided above, will be paid for at the contract unit price per each, which price shall be full compensation for the work, complete in place, including but not limited to all fire hydrant materials identified in EC-700 (excluding hydrant and valve), trenching, backfilling, thrust blocks, sand, pipe wrap, mega lugs, compaction and associated geotechnical testing.
SP50
BID ITEM 42 - PAVEMENT MARKING IMPROVEMENTS
Description:
The work under this item consists of furnishing all labor, equipment and materials to remove existing pavement markings and install new pavement markings, in accordance with the details shown on the plans and specified herein.
Materials & Construction Requirements:
All materials and construction requirements shall be in accordance with the notes shown in the project plans and the project specifications.
Method of Measurement:
Pavement Marking Improvements will be measured on a lump sum (LS) basis.
Basis of Payment:
The accepted quantities of Pavement Marking Improvements, measured as provided above, will be paid for at the contract lump sum price, which price shall be full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in removing existing pavement markings and markers and installing new pavement markings and markers, complete in place.
BID ITEM 43 - SIGNING IMPROVEMENTS
Description:
The work under this item consists of furnishing all labor, equipment and materials to remove existing sign assemblies, relocating existing sign assemblies and install new sign assemblies, in accordance with the details shown on the plans and specified herein. All details and dimensions for signing improvements shall conform to the El Centro Standard Drawings, 2024 Caltrans Standard Specifications and Latest CAMUTCD.
Materials:
All materials for Signing Improvements shall conform to the City of El Centro Standard Drawing No. EC-830/831. Materials for installations not covered in the El Centro Standard Drawing shall conform to the 2024 Caltrans Standard Specifications Section 82-2.02 and 82-3.02.
SP51
Construction Requirements:
All construction for Signing Improvements shall conform to the City of El Centro Standard Drawing No. EC-830/831. Construction requirements not covered in the El Centro Standard Drawing shall conform to the 2024 Caltrans Standard Specifications Section 82-2.03 and 82-30.3.
Method of Measurement:
Signing Improvements will be measured on a lump sum (LS) basis.
Basis of Payment:
The accepted quantities of Signing Improvements, measured as provided above, will be paid for at the contract lump sum price, which price shall be full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in removing existing sign assemblies, relocating existing sign assemblies and installing new sign assemblies including foundation, posts and sign panels, complete in place.
BID ITEM 44 - FURNISH AND INSTALL RECTANGULAR RAPID FLASHING BEACON (RRFB) SYSTEM
Description:
The work under this item consists of furnishing all labor, equipment and materials for the installation of new rectangular rapid flashing beacon (RRFB) system, in accordance with the details shown on the plans and specified herein.
The RRFB system includes furnishing and installing two RRFB assemblies at the locations shown on the plans and shall provide a functional system of activating both assemblies at the same time.
Materials & Construction Requirements:
All materials and construction for the installation of new rectangular rapid flashing beacon (RRFB) shall conform to the manufacturer recommendations, 2025 Caltrans Standard Plans, 2025 Caltrans Standard Specifications and shall be listed in the Caltrans Authorized Materials List (AML), unless otherwise noted on the project plans or approved by the Engineer. Additional material requirements are listed below.
All materials shall be tested prior to installation with a report provided to the City indicating that everything is in working order.
Pull Boxes
Pull boxes shall conform to the provisions of Section 86-1.06C, "Pull Boxes", and Section 87-
1.03C, “Installation of Pull Boxes”, of the State Standard Specifications and these Technical Specifications.
SP52
Pull boxes and covers shall be Oldcastle Precast, Inc. FIBRELYTE® Composite Boxes or Engineer approved equal, unless otherwise noted on the Plans or directed by the Engineer.
Pull box covers shall be marked TRAFFIC SIGNAL.
Pole with foundation and breakaway base
The Contractor shall furnish and install new poles as identified on the plans and these specifications. Poles shall conform to the provisions of Section 87-1.03J, "Standards, Poles, Pedestals, and Posts” of the State Standard Specifications and these Technical Specifications.
Pole with pedestal base shall be TAPCO 10-ft round aluminum pole with anchor bolts or Engineer approved equal, unless otherwise noted on the Plans or directed by the Engineer. The foundation and breakaway base shall be installed per the manufacturer’s requirements.
Light Bar
RRFB Light Bars shall conform to the following:
• Install back to back light bars on each pole.
• Light bar shall be CAMUTCD Compliant.
• Light bar shall be 22” wide.
• Vehicle LED modules shall be 7” wide and 3” high and shall consist of 2 arrays of 8 amber LEDs spaced 7” apart. LED modules shall be Society for Automotive Engineers (SAE) J595 Class 1 certified.
• Shall be automatically dimmable.
• Wind load rating of up to 120 mph.
• Flash patterns shall be capable of a combination of simultaneous and wig wag patterns.
Light Bar mounting shall conform to TAPCO RRFB Assembly with Universal Mounting Kit or Engineer approved equal, unless otherwise noted on the Plans or directed by the Engineer.
Push buttons
Pedestrian push buttons shall conform to the following:
• Shall be ADA compliant
• Pushbutton color shall be black and yellow.
• Shall be capable of placing a call with 2 pounds of force. • Shall be capable of two-tone audible confirmation.
• Shall have a visual LED confirmation light.
• Contractor shall mount the pushbuttons at a height of 42” above the flat landing area. • Shall include push button sign with arrow oriented towards the crosswalk.
Push Button shall be TAPCO Polara iNX Push Button or Engineer approved equal, unless otherwise noted on the Plans or directed by the Engineer.
SP53
Wireless Radio
Wireless Radio shall be TAPCO Blinker beam Wireless Radio or Engineer approved equal, unless otherwise noted on the Plans or directed by the Engineer. Wireless radio shall be capable to synchronize the flasher operations of both RRFB assemblies upon activation by push buttons.
Solar Cabinet
The 55W solar panel with Nema 3R type cabinet shall be affixed to an aluminum plate and bracket adjustable at an angle of 45-60 degrees to facilitate adjustment for maximum solar orientation and optimal battery strength.
Solar cabinet shall be TAPCO 55W Top-of-Pole Self-contained solar cabinet or Engineer approved equal, unless otherwise noted on the Plans or directed by the Engineer.
The solar cabinet shall house the controller and battery to provide functional RRFB system.
Battery
Battery shall be rated for 20 hours. Battery shall be UPG Sealed Lead-Acid Battery UG12220 or Engineer approved equal, unless otherwise noted on the Plans or directed by the Engineer.
Conductors and Wiring
Conductors and cables shall conform to manufacturer requirements and shall meet NEC requirements.
RRFB Activation
The RRFB assembly shall be activated by the certified technician from the RRFB assembly manufacturer. The controller and assembly shall be programmed by the technician for a fully functional system. Training shall be provided to the city signal technicians on the operation of the system including software and hardware required for operations and maintenance.
Traffic Signs
Each RRFB assembly shall include W11-2 (back-to-back), W16-7p (back-to-back) and R10-25 signs. Signs shall be installed per the City standards.
Method of Measurement:
Furnish and install new rectangular rapid flashing beacon (RRFB) system will be measured on a lump sum (LS) basis.
Basis of Payment:
The accepted quantities of furnish and install new rectangular rapid flashing beacon (RRFB) system, measured as provided above, will be paid for at the contract lump sum price, which price shall be full compensation for furnishing all labor, materials, tools, equipment, and incidentals, pole with breakaway base and foundation, solar panels with cabinet, controller, battery, wireless equipment, light bars, certified technician, sign panels, push buttons with signs and for doing all SP54
the work involved in installing new rectangular rapid flashing beacon (RRFB) system as shown in the project plans, complete in place.
All programming required by vendor/manufacturer is included in this item and will be completed at no additional cost to the City.
BID ITEM 45 - MISCELLANEOUS WORK ASSOCIATED WITH SIDEWALK, RAMP,
AND DRIVEWAY INSTALLATION (TIME AND MATERIALS ALLOWANCE) Description:
The work under this item shall include any additional work associated with the sidewalk, ADA ramps and driveway installation that is not identified on the plans or in the specifications. This includes, but is not limited to, removal and replacement of existing infrastructure such as landscape irrigation piping, sprinklers, valves, trees, bushes, shrubs, signs, posts, etc. This also includes the removal and salvaging of decorative features such as pavers, boulders, custom landscaping items, etc. not specifically identified on the plans Any work to be completed as a part of this item shall be verified on the plans and approved prior to commencement of work by the Engineer.
Materials and Construction Requirements:
All materials and construction requirements shall conform to these specifications and shall be approved prior to beginning work by the Engineer.
Contractor shall coordinate with homeowners when salvaging boulders, pavers, planters, etc. to ensure adequate placement/storage.
Method of Measurement and Basis of Payment:
Miscellaneous Work Associated with Sidewalk, Ramp, and Driveway Installation will be measured and paid for on a Time and Materials basis in accordance with the requirements identified in the project specifications.
BID ITEM 45 - EROSION CONTROL PLAN AND IMPLEMENTATION
Payment for Erosion Control shall include all compensation for producing and implementing the erosion control plans, and all compensation for furnishing, installing, maintaining and removing erosion control measures and BMPs per the Technical Specifications. Erosion Control Plan to be provided to the City for review and approval within 10 days of the issuance of the Notice to Proceed.
SP55
BID ITEM 46 - GEOTECHNICAL TESTING AND MONITORING
Payment for Geotechnical Testing and Inspection shall include all compensation for all labor, tools, materials and equipment required for testing, compaction and samples of the soil conditions, concrete (all aspects) and asphaltic concrete pavement as identified in Section 6, GEOTECHNICAL TESTING REQUIREMENTS, of these Special Provisions.
BID ITEM 47 - CONSTRUCTION SURVEYING AND STAKING
Payment for Construction Surveying and Staking shall include all compensation for all labor, tools, materials and equipment required to lay out and survey all necessary items within the project limits, as identified in Section 23, CONSTRUCTION STAKING, of these Special Provisions. The engaged California licensed Professional Land Surveyor shall complete and submit the City of El Centro Certificate of Monument Preservation Form (ED-006) prior to the commencement of the construction activities. Once construction has been completed, the engaged Professional Land Surveyor will provide written verification that all monuments identified are still in tact or have been reset and replaced if damaged during construction and recorded with Imperial County.
BID ITEM 48 - TRAFFIC CONTROL PLANS AND IMPLEMENTATION
Payment for Traffic Control Plans and Implementation shall include all compensation for producing and implementing the traffic control plans, and all compensation for furnishing, installing, maintaining and removing traffic control measures per Section 4, MAINTAINING TRAFFIC, of the Special Provisions. Traffic Control Plan to be provided to the City for review and approval within 10 days of the issuance of the Notice to Proceed.
END TECHNICAL SPECIFICATIONS
AND SPECIAL PROVISIONS
SP56
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City Council of the City of El Centro
1275 W. Main Street
El Centro, CA 92243
SUBMITTED
ACTION ITEM (ID # 2026-302)
Item: 18.
Meeting: 9/1/2026 3:00 PM
Department: Public Works
Category: Presentation
Prepared by: Gabriel Martinez, Public
Works
Department Head: Abraham Campos
DOC ID: 2026-302
Southern Pump Station Project — Construction Completion and Final Change Order No. 8.
CITY MANAGER'S RECOMMENDATION:
Staff recommends that the City Council:
(1) Receive and file this report on the completed Southern Pump Station Project; and (2) Ratify and approve Change Order No. 8 to the construction contract with Rove Engineering, decreasing the contract price by $542,993.40 and establishing a final, closedout construction contract price of $16,599,502.00. Change Order No. 8 is executed by the Contractor and recommended by the Public Works Director; Finance Director and City Manager execution are contingent on Council authorization.
FISCAL IMPACT:
No impact to the General Fund. Change Order No. 8 is a balancing change order that decreases, not increases, the construction contract price, reconciling it to actual, fieldverified construction quantities.
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
Financial & Governance Stability & Sustainability
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTOR'S LICENSE, REFERENCE CHECKS, INSURANCE, ETC.:
NA
BACKGROUND:
The Southern Pump Station Project was awarded to Rove Engineering on July 31, 2024 as a $11,794,968.00 base contract. Change Order No. 6 (approved January 7, 2026) added $51,863.00 for Manhole 42 installation. Change Order No. 7 (approved February 26, 2026) reallocated costs among several line items at no net change in contract price, while extending the contract time. These actions brought the contract to $17,142,495.40 prior to closeout. Construction is now complete.
DISCUSSION:
Upon final reconciliation of project quantities against actual, as-built construction, total field construction costs came in below the revised contract amount. Change Order No. 8 is a balancing change order that reduces the construction contract price by $542,993.40 to match actual, verified costs, a net credit to the City. The table below summarizes the construction contract cost history from original award through this proposed final closeout action.
Contract Action Amount Cumulative
Contract
Approval
Original Contract (Phase 1a Base
Bid)
$11,794,968.00 $11,794,968.00 Awarded July 31, 2024
Change Orders No. 1–3 (value
engineering; advanced sewer trunk
main)
$326,385.00 $12,121,353.00 Approved January 21, 2025
Change Order No. 4 (Phase 1b
sewer main completion)
$2,904,235.40 $15,025,588.40 Approved April 9, 2025
Change Order No. 5 (Danenberg
Ave. full-depth reclamation)
$2,065,044.00 $17,090,632.40 Approved July 23, 2025
Change Order No. 6 (Manhole 42
installation)
$51,863.00 $17,142,495.40 Approved January 7, 2026
Change Order No. 7 (scope
reallocation; no net cost — 27-day
time extension only)
$0.00 $17,142,495.40 Approved February 26, 2026
Change Order No. 8 — Final
Balancing / Closeout Change
Order
-$542,993.40 $16,599,502.00 Proposed for approval tonight CONCLUSION:
The Southern Pump Station Project is complete. Approval of Change Order No. 8 formally closes out the construction contract with Rove Engineering at a final price of $16,599,502.00, $542,993.40 less than the amount previously authorized.
ATTACHMENTS:
1. Partially Executed CO No. 8_
Date:8/10/2026 Contractor( Original)
City Clerk (Original)
Project File (Copy)
CITY OF EL CENTRO
Sheet 1 of I Contract Change Order
No. 8
Southern i^ump Station Project
Account No(s):
$11,794,968.00
$5,347,527.40
-$542,993.40
Original Contract Time
Previously added time
Requested time this CO
Revised Contract Time
\v. days
w. days
\v. days
w. days
Original Contract Price
Previous Change Orders
This Change Order
Revised Contract Price
300
520 $16,599,502.00
Rove Engineering (Contractor). You are hereby directed to make the herein described changes from the plans and specifications and/or add/deduct the following described work not included in the plans and specifications of this contract.
Construction Start Date: September 26,2024 Revised Date of Completion: February 27, 2026 Description of Work:
Item No. Item Description
Basis of Payment:
Unit Quantity Unit Price Amount □ Agreed Lump Sum
□ Negotiated Unit Price
Contract Amount $17,142,495.40 □ Extra Work as provided in Section Construction Amount $16,599,502.00 of the
Standard Specification
TOTAL TO BE BALANCED: $542,993.40
(See attached for additional information)
Change Order f/8 Schedule A and Technical Memo
Increase O
Total cost ofehanges not to exceed: $ -542,993.40
I, the undersigned contractor, have given careful consideration to Decrease ® the work proposed and hereby agree, if this proposal is approved, that payment for these change order items shall provide full compensation for ail equipment, materials, labor, field and home office overhead, indirect and consequential costs, mark-ups and profit necessary to complete the work. By executing this contract change order, agree to proceed with this work as a change order per section 3-2.1 of the Standard Specifications for Public Works Construction (2015 edition) and waive any irghts to additional compensation arising out of work listed in this change order, including without limitation, any claims relating to any cumulative effect of change orders, delays, productivity impact or interruption.
Contract Price:
Phillip A. Ramirez, PE
(Construction Management)
Submittal by: 8[nfXb
Date
Submittal by:
iFrcl arlincz - Project Manager Date
'(ntu ' Date
Approval
Recommended: O
<2:
o’jliijioue. Abr: m Campos,pc Dir. OfPublic
Date: Work.s/Cit/Engineer
Director of Finance:
Elizabeth Fuchen - Finance
Director
Date
By: ROVE ENGINEERING
Approved:
Robert Sawyer - City Manager Dale
Barbara Beltran
(ProjcQt Manager)
Within Approved Council Contract Award contingency limits? (SiSnafttre) Yes^ NoD
SCHEDULE A
Modification Agreement - Summary of Expenditures for Southern Pump Station
ORIGINAL
CONTRACT ACTUAL
CONSTRUCTION COST
CONTRACT AND
CCO COST
CHANGE IN COST
INCREASES/DECREASES
ITEM ACTUAL CONTRACT
QUANTITY
CONTRACT
UNIT PRICE ITEM UNIT DIFFERENCE NO. QTY.
1 Mobilization/Bond 1.00 0.00 s 430,292.00 $ 430,292.00 $0.00 LS 1 $430,292.00 2 Dewatering 1.00 0.00 $ 3,445,558.00 $ 3,445,558.00 $0.00 LS 1 $3,445,558.00 Temporary Bypass Pumping of Wastewater (with 100% backup standby capability) 3 0.00 1.00 $ $ 187,456.00 -$187,456.00 LS 1 $187.456.00 4 Traffic Control 1.00 0.00 $ 150,000.00 $ 150,000.00 $0.00 LS 1 $150.000.00 5 Pump Station Rom Tec 1.00 0.00 $ 3,212,800.00 $ 3,212,800.00 $0.00 LS 1 $3,212,800.00 6 14" Sewer Line 2,357.00 13.00 $ 728,313.00 $ 732,330.00 -$4,017.00 LF 2370 $309.00 7 8" Sewer Line 150.00 240.00 $ 28,200.00 $ 73,320.00 -$45,120.00 LF 390 $188.00 12' Sewer Line 1,025.00 1,350.00 $ 224,475.00 $ 520,125.00 -$295,650.00 LF 2375 $219.00 9 18' Sewer Line 778.00 0.00 $ 339,208.00 $ 339,208.00 $0.00 LF 778 $436.00 10 21'SewerLine 251.00 0.00 $ 116,966.00 $ 116,966.00 $0.00 LF 251 $466.00 11 Furnish and instail Manholes 6.00 6.00 $ 386,376.00 $ 772,752.00 -$386,376.00 EA 12 $64.396.00 12 Not in Use S $ $0.00
13 Tunneiing Under UPRR 260.00 0.00 $ 537,420.00 $ 537,420.00 $0.00 LF 260 $2.067.00 14 Tunneiing Under IID 60.00 130.00 $ 237,720.00 $ 752,780.00 -$515,060.00 LF 190 $3.962.00 15 Not in Use $ $ $0.00
16 Not in Use $ $ $0.00
17 Permits 1.00 0.00 $ 47,250.00 $ 47,250.00 $0.00 LS 1 $47.250.00 18 Pothoiing 1.00 0.00 $ 164,875.00 $ 164,875.00 $0.00 LS 1 $164.875.00 19 Erosion Controi 1.00 0.00 $ 61,269.00 $ 61,269.00 $0.00 LS 1 $61.269.00 20 Survey Monument Preservation 1.00 0.00 s 11,248.00 $ 11,248.00 $0.00 LS 1 $11.248.00 21 Construction Staking 1.00 0.00 s 64,360.00 $ 64,360.00 $0.00 LS 1 $64,360.00 22 Materiai Testing 1.00 0.00 $ 143,716.00 $ 143,716.00 $0.00 LS 1 $143,716.00 23 Special Inspection 0.00 1.00 $ $ 31,243.00 -$31,243.00 LS 1 $31,243.00 ORIGINAL CONTRACT AMOUNT $ 11,794,968.00
0.00 0.00 $ $ (386,376.00) $386,376.00 3.1 Deleted manholes 1A EA 6 $ (64,396.00)
0.00 240.00 $ $ (45,120.00) $45,120.00 3.2 Deleted Laterals from MH PH 1A (8‘) LF 240 $ (188.00)
3.3 Deleted 12" Sewer Line LF 1,350 0.00 1,350.00 $ (219.00) $ $ (295,650.00) $295,650.00 990.00 0.00 $ (6,217.20) $ (6,217.20) $0.00 3.4 Deleted AC Trench 12" sewer LF 990 $ (6.28) 800.00 0.00 $ (5,024.00) $ (5,024.00) $0.00 3.5 Deleted AC Trench 18* sewer LF 800 $ (6.28) 1 0.00 S (97,596.00) $ (97,596.00) $0.00 3.6 RomTec Deletion LS 1 $ (97.596.00)
3.7 Deleted PS Fence replace w/chain link LS 1 1 0.00 $ (35.000.00) $ (35,000.00) $ (35,000.00) $0.00
3.8 Deleted PSBuilding replaced w/shade structure LS 1 1 0.00 $(115.062.15) $ (115,062.15) $ (115,062.15) $0.00
3.9 Deleted Landscape LS 1 1 0.00 $ (51,109.50) $ (51,109.50) $ (51,109.50) $0.00
SCHEDULE A
Modification Agreement - Summary of Expenditures for Southern Pump Station
3.10 Deleted Irrigation LS 1 1 0.00 $ (49,312.35) $ (49,312.35) $ (49,312.35) SO.OO
3.11 Add Manhole Phase IB (4, 5, 7, 8, 45) EA 5 4.72 0.28 $ 71,663.00 S 339,315.00 $ 359,315.00 -$20,000.00
3.12 Add 18" Sewer Line Phase 1B LF 1,540 1540 0.00 $ 423.00 $ 651,420.00 $ 651,420.00 $0.00
3.13 Add drop Manhole Phase IB EA 2 2 0.00 $ 80,463.00 $ 160,926.00 $ 160,926.00 $0.00
3.14 ADD Dewatering for Phase IB STA 19+00 to 34+40 LS 1 1 0.00 $ 250,000.00 S 250,000.00 $ 250,000.00 $0.00
3.15 .Deleted Trench patch STA 19+00 to 34+40 LF 1,540 1540 0.00 $ (5,72) $ (8,808.80) $ (8,808.80) $0.00 Add MH13-15 (phase 1B. Bid Item 11) $ $ 215,589.00 $0.00 Add ADDDrop 18" Sewer MH 12rnairTfrom^TA & 16 (Phase 1B,10+00 Bid Item to STA12) 25+23.91 (Phase IB, Bid
Item 9)
4.1 EA 3 3 0.00 $ 71,863.00 215,589.00
4.2 EA 2 2 0.00 $ 80,463.00 $ 160,926.00 $ 160,926.00 $0.00
4.3 0.05 $ 689,936.00 $ 689,957.40 -$21.40 LF 1,612 1612 428.00 ADD 12" Sewer Main from STA 26+12 to STA 26+40 (Phase IB, Bid Item 4.4 0.00 $ 31,780.00 $ 31,780.00 $0.00 8) LF 28 28 1,135.00
4.5 ADD Dewatering for Phase IB STA 10+00-26+12 (plan included) LS 1 1 0.00 $ 600,000.00 $ 600,000.00 $ 600,000.00 $0.00
4.6 ADD Tunneling IIP Phase IB (bid item 14) LF 88 88 0.00 3,577.00 S 314,776.00 $ 314,776.00 $0.00
4.7 0.00 $ 30,000.00 $ 30,000.00 $0.00 Dogwood Lateral 2 delivefy #28 ( Clearing & grubbing only) Decommission Exist. Countryside pump station to be abandoned In place, per plans & specs
LS 1 1 $ 30,000.00
4.8 0,00 $ 87,745.00 $ 87,745.00 $0.00 LS 1 1 $ 67,745.00
4.9 Potholing LS 1 1 0.00 $ 192,369.00 s 192,369.00 $ 192,369.00 $0.00
4.10 Erosion Control LS 1 1 0.00 $ 61,268.00 $ 61,268.00 $ 61,268.00 $0.00
4.11 Survey Monument Preservation IS 1 1 0.00 $ 11,250.00 $ 11,250.00 $ 11,250.00 $0,00
4.12 Construction Staking LS 1 1 0.00 $ 64,340.00 S 64,340.00 $ 64,340.00 $0,00
4.13 Material Testing LS 1 1 0.00 $ 69,265.00 $ 69,265.00 $ 69,265.00 $0.00 Sewer Bypass S $ 124,970.00 $0,00
Traffic Control (Includes HWY 86 lane closure)
4.14 LS 1 1 0.00 $ 124,970.00 124,970,00
4.15 LS 1 1 0.00 $ 150,000.00 $ 150,000.00 $ 150,000.00 $0,00
4.16 Mobilization Phase IB LS 1 1 0.00 $ 100,000.00 S 100,000.00 $ 100,000.00 $0.00
5.1 Mobilization ● FDR Operation LS 1 1 0.00 $ 56,100.00 $ 56,100.00 $ 56,100.00 $0.00
5.2 Full Depth Reclamation - Profile conection SF 150,000 150000 0.00 2.65 S 397,500.00 $ 397,500.00 $0.00
5.3 Cement Emulsion - FDR on 12" thick reclaimed base SF 150,000 150000 0.00 3.20 S 480,000.00 $ 480,000.00 $0.00
5.4 3/4* HMA Type A - Includes profile correction S $ 740,704.00 $0.00 Class II Base Import (6’ thick layer)
TON 4,688 4688 0.00 $ 158.00 740,704.00
5.5 CY 2,778 2778 0.00 $ 73.00 $ 202,794.00 $ 202,794.00 $0.00
5.6 Striping and markers - Two coats paint with CALTRANS specs LS 1 1 0.00 $ 56,223.00 $ 56,223.00 $ 56,223.00 $0.00 Utility Adjustments - Water Valves $ $ 32,861.00 $19,330.00 Road Surveying and Staking
Geotechnical Testing QC - Pavement Section Materials
5.7 EA 17 27 -10.00 $ 1,933.00 52,191.00
5.8 LS 1 1 0.00 $ 45,000.00 $ 45,000.00 $ 45,000.00 $0.00
5.9 LS 1 1 0.00 $ 31,235.00 $ 31,235.00 $ 31,235.00 $0.00
5.10 SWPPP - Erosivity Waiver procurement LS 1 1 0.00 $ 22,627.00 $ 22,627.00 $ 22,627.00 $0.00
6.1 Manhole 42 Installation LS 1 1 0.00 $ 51,863.00 $ 51,863.00 $ 51,863.00 $0.00
7.1 Removal Temporary bypass LS 1 1.00 $(187,456.00) $ $ (187,456.00) $187,456.00
7.2 Removal Special inspection LS 1 1.00 $ (31,243.00) $ $ (31,243.00) $31,243.00
7.3 Removal manhole #45 savings LS 1 1.00 $ (20,000.00) $ $ (20,000.00) $20,000.00
7.4 Time and Material Allocation LS 1 0.82 0.18 $ 238,699.00 S 195,474.00 $ 238,699.00 $43,225.00 Total $ 16,599,502.00 $ 17,142,495.40 -$542,993.40
Nicklaus Civil ● Architecture ● Environmental Engineering & Consulting Industrial Hygi^e ● Geotechnical ● Construction Management Engineering. Inc. WOSB
Construction Change Order Memorandum
City of Ei Centro
El Centro Pump Station
102 W Danenberg Drive
Account No: 214-6123-710106
Project:
Contractor: Rove Engineering
Date: 8/10/2026
Change Order No: 8
Subject: Balancing Change Order
Item 8.1: Reduce difference between Revised Contract Amount and Construction Amount Balancing of funds is being provided at the request of the City of El Centro. The final costs of construction activities were calculated to be less than the revised contract amount. Therefore, the difference between the final construction amount and the revised contract amount shall be balanced as part of this Change Order. Upon completion of this adjustment, the final construction amount and revised contract amount shall be equal to each other.
Phillip A. Ramirez, PE
Resident Engineer
(To be Attached to Contract Change Order #8)
www.neiaw.com
City Council of the City of El Centro
1275 W. Main Street
El Centro, CA 92243
SUBMITTED
ACTION ITEM (ID # 2025-307)
Item: 19.
Meeting: 9/1/2026 3:00 PM
Department: Community Services
Category: Action Item
Prepared by: Clara Obeso, Economic
Development Manager
Department Head: Adriana Nava
DOC ID: 2025-307
Discussion and Related Action Regarding the Working Hands Workforce Development Program.
CITY MANAGER'S RECOMMENDATION:
Provide direction regarding whether to continue or discontinue the Working Hands Workforce Development Program following an update on the program's current status and discussion regarding its future.
FISCAL IMPACT:
The Working Hands Workforce 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. As previously reported to the City Council, program expenditures to date are $322,081.57, with a remaining balance of $202,577.10.
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
Community Health, Safety & Welfare
City Beautification, Engagement & Civic Pride
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTOR'S LICENSE, REFERENCE CHECKS, INSURANCE, ETC.:
Due diligence was carried out when the contract was awarded to Catholic Charities.
BACKGROUND:
In 2022, the City of El Centro received Permanent Local Housing Allocation (PLHA) grant funds to support local housing and homelessness initiatives. As part of the application process, the City developed and submitted a Five-Year Plan detailing how funds would be allocated to eligible activities in accordance with program guidelines. Through extensive public outreach, community stakeholders identified that the greatest need was to assist individuals who are experiencing homelessness or at risk of becoming homeless.
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 PLHA funds. The program was designed as a street–to-work workforce development initiative providing temporary employment opportunities, case management, supportive services, and pathways toward housing stability and self-sufficiency 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 the program, the City Council approved a 120-day extension to allow additional time before determining the future of the
program.
During the extension period, the Working Hands crew continued performing the street cleanup and community beautification activities required under the Agreement. June 17, 2026, was the final day the crew was deployed in the community performing these contracted field activities.
The matter is now returning to the City Council for direction regarding whether the City should continue the Working Hands Workforce Development Program or discontinue the program.
DISCUSSION:
The Working Hands Workforce Development Program was established to provide individuals experiencing homelessness with temporary employment experience and income while connecting participants with services intended to support longer-term employment and housing stability. The program includes employment stabilization, housing identification, financial literacy, case management, housing navigation, and other supportive services.
The program also includes a community beautification component. Working Hands participants performed cleanup activities in designated public areas throughout the City, including collecting trash and debris and performing other cleanup and beautification duties.
The City Council has previously received information and discussed the program, including its implementation, participant outcomes, expenditures, and community beautification activities. The purpose of this item is not to repeat the prior review, but to provide the City Council with the current status of the program and obtain direction regarding its future.
As previously reported, the program enrolled 21 participants, with 11 participants housed and 7 participants employed. Program expenditures totaled $322,081.57, leaving a remaining PLHA balance of $202,577.10.
The Working Hands crew continued performing contracted street cleanup and beautification activities during the 120-day extension through June 17, 2026. The City Council is now being asked to determine whether the Working Hands Workforce Development Program should continue or be discontinued.
If Council directs continuation of the program, staff will proceed with the actions necessary to continue program implementation, subject to Council direction and applicable PLHA requirements. If Council directs that the program be discontinued, staff will proceed with the appropriate closeout actions and address the remaining PLHA funds in accordance with the applicable program requirements.
CONCLUSION:
The Working Hands Workforce Development Program has been previously presented to and discussed by the City Council. Following the 120-day extension approved on February 17, 2026, the Working Hands crew continued performing contracted street cleanup and community beautification activities through June 17, 2026.
The item is being presented to the City Council to provide the current status of the program
and obtain direction regarding its future. Staff requests that the City Council determine whether to continue or discontinue the Working Hands Workforce Development Program.
ATTACHMENTS:
1. Copy of CCDSD Working Hands Expenditures - June'25-May'26
2. Signed Agreement
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)
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
Catholic Charities Diocese of San Diego - June 2025 - May 2026
City Council of the City of El Centro
1275 W. Main Street
El Centro, CA 92243
SUBMITTED
ACTION ITEM (ID # 2026-236)
Item: 20.
Meeting: 9/1/2026 3:00 PM
Department: Public Works
Category: Informational Items
Prepared by: Elizabeth Zarate, Analyst
Department Head: Abraham Campos
DOC ID: 2026-236
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. Estimated cost are 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. 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 and equipment is being designed.
The concrete repair work has been completed by Cholla. Staff is awaiting for delivery of equipment.
CONCLUSION:
Informational item only.
ATTACHMENTS:
None
City Council of the City of El Centro
1275 W. Main Street
El Centro, CA 92243
SUBMITTED
ACTION ITEM (ID # 2026-306)
Item: 21.
Meeting: 9/1/2026 3:00 PM
Department: City Clerk
Category: Informational Items
Prepared by: Norma Valenzuela,
Secretarial Assistant
Department Head: Norma Wyles
DOC ID: 2026-306
Received and referred to Community Development Department, Application for Alcoholic Beverage License — Patriot Gas Adams Avenue Inc. 815 Adams Ave El Centro, CA 92243-2003.
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 LICENSE PATRIOT GAS ADAMS AVE
City Council of the City of El Centro
1275 W. Main Street
El Centro, CA 92243
SUBMITTED
ACTION ITEM (ID # 2026-301)
Item: 22.
Meeting: 9/1/2026 3:00 PM
Department: City Clerk
Category: Informational Items
Prepared by: Norma Valenzuela,
Secretarial Assistant
Department Head: Norma Wyles
DOC ID: 2026-301
Received and referred to Community Development Department, Application for Alcoholic Beverage License — Fujisan LLC Fujisan Sushi 1560 Ocotillo Dr. Ste O El Centro, CA 92243-4237.
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 License Fujisan Sushi