TRACER WIRE
MARKER TAPE
2'
12/03/2024 665
Section , Item E
Know what's below. Call before you dig. WARNING POWER LINES OVERHEAD BID SET PEZZONI ENGINEERING, INC. ã Copyrighted 2024 1150 9TH Street Suite #1415 Modesto, CA 95354 PHONE: 209 . 554 . 4602 HTTP://WWW.PEZENGR.COM 21 666 Section , Item E
Know what's below. Call before you dig. WARNING POWER LINES OVERHEAD BID SET PEZZONI ENGINEERING, INC. ã Copyrighted 2024 1150 9TH Street Suite #1415 Modesto, CA 95354 PHONE: 209 . 554 . 4602 HTTP://WWW.PEZENGR.COM 22 667 Section , Item E
V V SS SS OE OE OE OE OE OE OE OE OE OE OE OE OE OE OE W W W W W W 24IN STUMP 24IN PINE 24IN PINE 24IN PINE IRIRR BOX 301.30 24IN PINE 24IN PINE
24IN PINE Know what's below. Call before you dig. WARNING POWER LINES OVERHEAD BID SET PEZZONI ENGINEERING, INC. ã Copyrighted 2024 1150 9TH Street Suite #1415 Modesto, CA 95354 PHONE: 209 . 554 . 4602 HTTP://WWW.PEZENGR.COM 23 668 Section , Item E
Know what's below. Call before you dig. WARNING POWER LINES OVERHEAD BID SET PEZZONI ENGINEERING, INC. ã Copyrighted 2024 1150 9TH Street Suite #1415 Modesto, CA 95354 PHONE: 209 . 554 . 4602 HTTP://WWW.PEZENGR.COM 24 669 Section , Item E
Know what's below. Call before you dig. WARNING POWER LINES OVERHEAD BID SET PEZZONI ENGINEERING, INC. ã Copyrighted 2024 1150 9TH Street Suite #1415 Modesto, CA 95354 PHONE: 209 . 554 . 4602 HTTP://WWW.PEZENGR.COM 25 670 Section , Item E
Know what's below. Call before you dig. WARNING POWER LINES OVERHEAD BID SET PEZZONI ENGINEERING, INC. ã Copyrighted 2024 1150 9TH Street Suite #1415 Modesto, CA 95354 PHONE: 209 . 554 . 4602 HTTP://WWW.PEZENGR.COM 26 671 Section , Item E
Know what's below. Call before you dig. WARNING POWER LINES OVERHEAD BID SET PEZZONI ENGINEERING, INC. ã Copyrighted 2024 1150 9TH Street Suite #1415 Modesto, CA 95354 PHONE: 209 . 554 . 4602 HTTP://WWW.PEZENGR.COM 27 672 Section , Item E
Know what's below. Call before you dig. WARNING POWER LINES OVERHEAD BID SET PEZZONI ENGINEERING, INC. ã Copyrighted 2024 1150 9TH Street Suite #1415 Modesto, CA 95354 PHONE: 209 . 554 . 4602 HTTP://WWW.PEZENGR.COM 28 673 Section , Item E
Know what's below. Call before you dig. WARNING POWER LINES OVERHEAD BID SET PEZZONI ENGINEERING, INC. ã Copyrighted 2024 1150 9TH Street Suite #1415 Modesto, CA 95354 PHONE: 209 . 554 . 4602 HTTP://WWW.PEZENGR.COM 29 674 Section , Item E
Item
No. Quantity Unit Item Description Unit Price Total Amount Unit Price Total Amount Unit Price Total Amount Unit Price Total Amount Unit Price Total Amount Unit Price Total Amount Unit Price Total Amount Unit Price Total Amount 1 1 LS Mobilization/Demobilization, Insurance, Bonds & Permits $195,000.00 $195,000.00 $58,593.00 $58,593.00 $315,000.00 $315,000.00 $141,460.00 $141,460.00 $195,000.00 $195,000.00 $195,000.00 $195,000.00 $195,000.00 $195,000.00 $175,000.00 $175,000.00 2 1 LS Worker Protection $2,000.00 $2,000.00 $13,162.00 $13,162.00 $7,000.00 $7,000.00 $31,432.50 $31,432.50 $1,500.00 $1,500.00 $15,000.00 $15,000.00 $24,846.00 $24,846.00 $30,000.00 $30,000.00 3 1 LS Traffic Control $3,000.00 $3,000.00 $18,160.00 $18,160.00 $21,000.00 $21,000.00 $18,507.50 $18,507.50 $13,500.00 $13,500.00 $25,000.00 $25,000.00 $20,500.00 $20,500.00 $30,000.00 $30,000.00 4 1 LS Dust Control $13,500.00 $13,500.00 $8,685.00 $8,685.00 $34,000.00 $34,000.00 $23,182.50 $23,182.50 $7,600.00 $7,600.00 $10,000.00 $10,000.00 $87,500.00 $87,500.00 $30,000.00 $30,000.005 1 LS Storm Water Pollution Prevention
Control $4,000.00 $4,000.00 $23,730.00 $23,730.00 $17,000.00 $17,000.00 $16,238.75 $16,238.75 $13,100.00 $13,100.00 $5,000.00 $5,000.00 $24,500.00 $24,500.00 $30,000.00 $30,000.00 6 1 LS Clearing and Grubbing $30,000.00 $30,000.00 $47,366.00 $47,366.00 $29,000.00 $29,000.00 $48,870.64 $48,870.64 $43,100.00 $43,100.00 $25,000.00 $25,000.00 $67,000.00 $67,000.00 $300,000.00 $300,000.00 7 1 LS Tree Removal $36,000.00 $36,000.00 $15,114.00 $15,114.00 $14,000.00 $14,000.00 $22,770.00 $22,770.00 $32,500.00 $32,500.00 $25,000.00 $25,000.00 $16,300.00 $16,300.00 $45,000.00 $45,000.00 8 1 LS Construction Staking $8,000.00 $8,000.00 $9,264.00 $9,264.00 $10,000.00 $10,000.00 $10,120.00 $10,120.00 $1,500.00 $1,500.00 $15,000.00 $15,000.00 $37,000.00 $37,000.00 $25,000.00 $25,000.009 4,200 CY Site Import and Fill (Final In-Place Compacted Volume) $25.00 $105,000.00 $66.71 $280,182.00 $31.50 $132,300.00 $51.81 $217,602.00 $49.00 $205,800.00 $55.00 $231,000.00 $51.00 $214,200.00 $150.00 $630,000.00 10 50 LF 30" Diameter Conductor Casing $772.00 $38,600.00 $778.62 $38,931.00 $717.00 $35,850.00 $1,045.00 $52,250.00 $761.00 $38,050.00 $840.00 $42,000.00 $5,000.00 $250,000.00 $1,200.00 $60,000.0011 670 LF Drill Pilot Hole (to 720 feet total depth) $125.00 $83,750.00 $105.00 $70,350.00 $96.00 $64,320.00 $209.00 $140,030.00 $102.00 $68,340.00 $115.00 $77,050.00 $375.00 $251,250.00 $125.00 $83,750.00 12 1 LS Electric Log and Deviation Log $6,000.00 $6,000.00 $5,927.00 $5,927.00 $5,500.00 $5,500.00 $5,225.00 $5,225.00 $5,800.00 $5,800.00 $6,500.00 $6,500.00 $10,400.00 $10,400.00 $25,000.00 $25,000.0013 8 EA Collect Depth Zone Samples $22,000.00 $176,000.00 $23,242.00 $185,936.00 $21,400.00 $171,200.00 $16,500.00 $132,000.00 $22,700.00 $181,600.00 $25,000.00 $200,000.00 $4,500.00 $36,000.00 $15,000.00 $120,000.0014 670 LF Open Pilot Hole to 28" Diameter (to 720 feet total depth) $125.00 $83,750.00 $110.40 $73,968.00 $102.00 $68,340.00 $214.50 $143,715.00 $108.00 $72,360.00 $120.00 $80,400.00 $132.00 $88,440.00 $125.00 $83,750.00 15 431 LF 16" Diameter Blank Casing $300.00 $129,300.00 $149.00 $64,219.00 $137.00 $59,047.00 $110.00 $47,410.00 $145.00 $62,495.00 $160.00 $68,960.00 $83.00 $35,773.00 $100.00 $43,100.00 16 260 LF 16" Diameter Perforated Casing $360.00 $93,600.00 $514.00 $133,640.00 $214.00 $55,640.00 $165.00 $42,900.00 $227.00 $59,020.00 $250.00 $65,000.00 $155.00 $40,300.00 $100.00 $26,000.0017 1 EA Casing Compression Section (20-foot long) $14,000.00 $14,000.00 $16,270.00 $16,270.00 $15,000.00 $15,000.00 $11,000.00 $11,000.00 $15,900.00 $15,900.00 $20,000.00 $20,000.00 $17,600.00 $17,600.00 $20,000.00 $20,000.00 18 495 LF 2" Diameter Sounding Tube $25.00 $12,375.00 $24.40 $12,078.00 $23.00 $11,385.00 $44.00 $21,780.00 $24.00 $11,880.00 $30.00 $14,850.00 $30.00 $14,850.00 $25.00 $12,375.00 19 355 LF 3" Diameter Gravel Fill Pipe $30.00 $10,650.00 $26.00 $9,230.00 $24.00 $8,520.00 $55.00 $19,525.00 $25.00 $8,875.00 $30.00 $10,650.00 $30.00 $10,650.00 $25.00 $8,875.00 20 370 LF Gravel Pack $100.00 $37,000.00 $99.00 $36,630.00 $91.00 $33,670.00 $108.90 $40,293.00 $97.00 $35,890.00 $110.00 $40,700.00 $80.00 $29,600.00 $100.00 $37,000.00 21 350 LF Annular Seal $85.00 $29,750.00 $104.00 $36,400.00 $96.00 $33,600.00 $220.00 $77,000.00 $102.00 $35,700.00 $115.00 $40,250.00 $80.00 $28,000.00 $100.00 $35,000.00 22 72 HR Preliminary Well Development $500.00 $36,000.00 $523.00 $37,656.00 $482.00 $34,704.00 $764.50 $55,044.00 $511.00 $36,792.00 $600.00 $43,200.00 $700.00 $50,400.00 $600.00 $43,200.00 23 1 LS Pump Development and Pump Test $40,000.00 $40,000.00 $47,645.00 $47,645.00 $44,000.00 $44,000.00 $44,000.00 $44,000.00 $46,600.00 $46,600.00 $55,000.00 $55,000.00 $29,000.00 $29,000.00 $150,000.00 $150,000.0024 40 HR Additional Pump Development and Pump Testing Time $390.00 $15,600.00 $441.00 $17,640.00 $407.00 $16,280.00 $768.90 $30,756.00 $432.00 $17,280.00 $475.00 $19,000.00 $470.00 $18,800.00 $600.00 $24,000.00 25 1 LS Video Log $3,000.00 $3,000.00 $3,255.00 $3,255.00 $3,000.00 $3,000.00 $4,125.00 $4,125.00 $3,200.00 $3,200.00 $3,500.00 $3,500.00 $8,500.00 $8,500.00 $10,000.00 $10,000.00 26 1 LS Well Pump Foundation $10,000.00 $10,000.00 $25,435.00 $25,435.00 $25,900.00 $25,900.00 $28,050.00 $28,050.00 $23,800.00 $23,800.00 $35,000.00 $35,000.00 $20,000.00 $20,000.00 $50,000.00 $50,000.0027 1 LS Pump Bowls $50,000.00 $50,000.00 $118,405.00 $118,405.00 $109,000.00 $109,000.00 $143,000.00 $143,000.00 $115,800.00 $115,800.00 $160,000.00 $160,000.00 $103,000.00 $103,000.00 $50,000.00 $50,000.00 CITY OF FOWLER - DROUGHT RESILENCY PROJECT WELL 9
BID SUMMARY - 02/20/2025
Engineer's Estimate
#1 #2 #3 #4 #5 #6 #7
W.M. Lyles Co. HPS Mechanical, Inc. West Valley Construction Company SW Construction TSI Engineering Inc South Valley Companies, Inc. Unified Field Service Corporation Base Bid Items
675
Section , Item E
CITY OF FOWLER - DROUGHT RESILENCY PROJECT WELL 9
BID SUMMARY - 02/20/2025
Engineer's Estimate
#1 #2 #3 #4 #5 #6 #7
W.M. Lyles Co. HPS Mechanical, Inc. West Valley Construction Company SW Construction TSI Engineering Inc South Valley Companies, Inc. Unified Field Service Corporation 28 1 LS Pump Motor $60,000.00 $60,000.00 $81,347.00 $81,347.00 $75,000.00 $75,000.00 $38,500.00 $38,500.00 $79,500.00 $79,500.00 $110,000.00 $110,000.00 $97,000.00 $97,000.00 $50,000.00 $50,000.00 29 350 LF 10" Diameter Column Pipe and 1- 11/16-inch Diameter Shaft $370.00 $129,500.00 $372.00 $130,200.00 $342.00 $119,700.00 $390.50 $136,675.00 $364.00 $127,400.00 $420.00 $147,000.00 $300.00 $105,000.00 $150.00 $52,500.0030 1 LS Pump Discharge Head $20,000.00 $20,000.00 $34,863.00 $34,863.00 $32,000.00 $32,000.00 $11,000.00 $11,000.00 $35,200.00 $35,200.00 $47,440.00 $47,440.00 $36,000.00 $36,000.00 $50,000.00 $50,000.0031 1 LS Site Piping, Valves, and Appurtenances $130,000.00 $130,000.00 $159,828.00 $159,828.00 $225,000.00 $225,000.00 $182,628.60 $182,628.60 $144,700.00 $144,700.00 $220,000.00 $220,000.00 $235,000.00 $235,000.00 $200,000.00 $200,000.00 32 1 LS Site Finish Grading (FP) $20,000.00 $20,000.00 $40,090.00 $40,090.00 $27,000.00 $27,000.00 $2,375.00 $2,375.00 $4,700.00 $4,700.00 $50,340.00 $50,340.00 $47,500.00 $47,500.00 $180,000.00 $180,000.0033 396 TN 3.5-inch Thick Asphalt Concrete Pavement $190.00 $75,158.85 $289.00 $114,444.00 $173.00 $68,508.00 $264.00 $104,544.00 $309.00 $122,364.00 $210.00 $83,160.00 $310.00 $122,760.00 $300.00 $118,800.00 34 492 TN 4.5-inch Thick Class 2 Aggregate
Base $80.00 $39,375.00 $62.70 $30,848.40 $76.00 $37,392.00 $77.00 $37,884.00 $82.00 $40,344.00 $110.00 $54,120.00 $96.00 $47,232.00 $100.00 $49,200.00 35 2 EA 15-foot Wide Chain Link Access Gate $5,000.00 $10,000.00 $8,891.50 $17,783.00 $4,500.00 $9,000.00 $5,170.00 $10,340.00 $8,100.00 $16,200.00 $5,000.00 $10,000.00 $3,300.00 $6,600.00 $15,000.00 $15,000.00 36 1 LS
Wellhead Sound Attenuation
Enclosure $33,999.80 $33,999.80 $40,000.00 $40,000.00 $38,000.00 $38,000.00 $45,982.20 $45,982.20 $39,200.00 $39,200.00 $65,000.00 $65,000.00 $64,000.00 $64,000.00 $35,000.00 $35,000.00 37 1 LS Electrical, Controls and Lighting $700,000.00 $700,000.00 $500,118.00 $500,118.00 $575,000.00 $575,000.00 $689,740.70 $689,740.70 $588,600.00 $588,600.00 $730,000.00 $730,000.00 $660,000.00 $660,000.00 $600,000.00 $600,000.00 38 1 LS Electrical Equipment Shade Structure $115,000.00 $115,000.00 $82,487.00 $82,487.00 $88,000.00 $88,000.00 $25,527.50 $25,527.50 $46,600.00 $46,600.00 $130,000.00 $130,000.00 $53,500.00 $53,500.00 $50,000.00 $50,000.00 39 28 LF
12” Diameter Ductile Iron Potable
Water Main $300.00 $8,400.00 $1,665.00 $46,620.00 $490.00 $13,720.00 $501.88 $14,052.64 $850.00 $23,800.00 $2,000.00 $56,000.00 $1,000.00 $28,000.00 $200.00 $5,600.00 40 4 EA 12” Gate Valve $5,000.00 $20,000.00 $6,441.00 $25,764.00 $5,400.00 $21,600.00 $3,929.75 $15,719.00 $6,700.00 $26,800.00 $10,000.00 $40,000.00 $8,000.00 $32,000.00 $25,000.00 $100,000.00 41 265 LF 3-foot Wide Concrete Valley Gutter $150.00 $39,750.00 $80.80 $21,412.00 $239.00 $63,335.00 $58.03 $15,377.95 $101.00 $26,765.00 $120.00 $31,800.00 $135.00 $35,775.00 $600.00 $159,000.00 42 1 LS 2-foot Wide Gutter Drainage Channel $2,500.00 $2,500.00 $5,832.00 $5,832.00 $13,000.00 $13,000.00 $4,213.00 $4,213.00 $3,600.00 $3,600.00 $10,000.00 $10,000.00 $10,500.00 $10,500.00 $50,000.00 $50,000.00 43 162 LF 7'-4" High CMU Perimeter Wall $170.00 $27,540.00 $421.00 $68,202.00 $370.00 $59,940.00 $315.51 $51,113.11 $570.00 $92,340.00 $380.00 $61,560.00 $930.00 $150,660.00 $500.00 $81,000.00 44 354 LF 8'-0" High CMU Perimeter Wall $200.00 $70,800.00 $421.00 $149,034.00 $386.00 $136,644.00 $315.51 $111,691.60 $596.00 $210,984.00 $380.00 $134,520.00 $430.00 $152,220.00 $500.00 $177,000.0045 2 EA Concrete Drive Approach and Driveway $7,000.00 $14,000.00 $11,935.00 $23,870.00 $37,000.00 $74,000.00 $10,565.50 $21,131.00 $18,200.00 $36,400.00 $16,000.00 $32,000.00 $15,000.00 $30,000.00 $50,000.00 $100,000.00 46 170 LF 18-inch Storm Drain Pipe $190.00 $32,300.00 $134.84 $22,922.80 $225.00 $38,250.00 $146.03 $24,825.10 $331.00 $56,270.00 $200.00 $34,000.00 $175.00 $29,750.00 $500.00 $85,000.0047 3 EA Storm Drain Manhole w/ Solid Lid $8,000.00 $24,000.00 $16,163.00 $48,489.00 $11,150.00 $33,450.00 $7,579.00 $22,737.00 $10,200.00 $30,600.00 $18,000.00 $54,000.00 $11,260.00 $33,780.00 $10,000.00 $30,000.00 48 1 EA Storm Drain Manhole w/ Grate Lid $8,500.00 $8,500.00 $16,582.00 $16,582.00 $11,150.00 $11,150.00 $18,909.00 $18,909.00 $10,500.00 $10,500.00 $18,000.00 $18,000.00 $17,000.00 $17,000.00 $10,000.00 $10,000.0049 10 LF Temporary Trench Resurfacing (FP) $50.00 $500.00 $831.00 $8,310.00 $66.00 $660.00 $224.68 $2,246.80 $233.00 $2,330.00 $300.00 $3,000.00 $860.00 $8,600.00 $2,000.00 $20,000.0050 10 LF Permanent Trench Resurfacing (FP) $250.00 $2,500.00 $720.00 $7,200.00 $1,000.00 $10,000.00 $224.68 $2,246.80 $787.00 $7,870.00 $500.00 $5,000.00 $750.00 $7,500.00 $2,000.00 $20,000.00
TOTAL BASE BID
Add Alter
51 1 LS Standby Generator & Appurtenances $ 270,000.00 $ 270,000.00 $ 272,608.00 $ 272,608.00 $ 250,000.00 $ 250,000.00 $ 216,972.00 $ 216,972.00 $ 312,000.00 $ 312,000.00 $ 265,000.00 $ 265,000.00 $ 280,700.00 $ 280,700.00 $ 350,000.00 $ 350,000.00
TOTAL ADD ALTERNATE BIDTOTAL BID
$3,180,744.47 $3,126,049.00 $4,415,150.00
$4,765,150.00
$270,000.00 $272,608.00 $250,000.00 $216,972.00 $312,000.00 $265,000.00 $280,700.00 $350,000.00 $2,849,698.65 $3,084,117.20 $3,144,605.00 $3,655,000.00 $3,739,786.00 $3,119,698.65 $3,356,725.20 $3,394,605.00 $3,397,716.47 $3,438,049.00 $3,920,000.00 $4,020,486.00 676
Section , Item E
City of Fowler
Drought Resiliency Project Well 9
Issued for Bid – January 8, 2025
CONTRACT
00 52 13-1
C:\Users\sooho\Desktop\Well 9 Front Ends\00 52 13 Contract (LS Redline) 4866-1817-2383 1.docx SECTION 00 52 13
CONTRACT
THIS CONTRACT (“Contract”) is made at the City of Fowler, in the County of Fresno, California, by and between hereinafter called the “Contractor,”
and the City of Fowler, a municipal corporation, hereinafter called the “Owner”.
Contractor and the Owner, for the consideration hereinafter named, agree as follows:
ARTICLE I. SCOPE OF WORK. The Work to be constructed is a project entitled the Drought Resiliency Project Well 9 (“Project”), located in the City of Fowler, Fresno County, State of California, and as further described in the Scope of Work in the Contract Documents.
The Contractor shall furnish all labor and materials, including tools, implements, and appliances required, and shall perform all the Work in a good and workmanlike manner, free from any and all liens and claims including those of mechanics, materialmen, sub-contractors, artisans, machinists, teamsters, draymen and laborers required for the construction of the Project.
Contractor shall comply with and construct the Project in strict conformity with the Contract Documents, including that set of Plans, entitled: "Drought Resiliency Project Well 9,” all other Plans, Drawings, Specifications; and the provisions of this Contract.
ARTICLE II. CONTRACT DOCUMENTS. The Contract Documents shall consist of the following documents, each of which is on file in the office of the Owner and all of which are incorporated herein and made a part hereof by reference thereto: this Contract, including, Division 0 – Bidding and Contract Requirements, Division 1 - General Requirements, Division 2 through Division 33 - Technical Specifications, any Standard Specifications referenced, Plans, Profiles and Drawings, Addenda or Change Orders (if any), and Appendices. In the event of conflict between portions of the Contract Documents, refer to Section 01 00 05 – Specifications to resolve priority.
ARTICLE III. PAYMENT. In the manner, at the time and upon the conditions stated in the Contract Documents, Owner agrees to pay the Contractor in current funds for the performance of the Contract the sum of:
(Figures in Words)
(Figures in Numbers)
It is understood that said price is based upon the estimated quantities of materials to be used as set forth in the Bidder’s Proposal, except where provisions are made in the Contract Documents whereby the estimated quantities shall constitute the final quantity.
Contractor is responsible for payment of prevailing wages in accordance with the provisions of Section 1770, et seq. of the Labor Code. Prevailing wage schedules for Fresno County are available from the Department of Industrial Relations-Division of Labor Statistics & Research via the Internet at www.dir.ca.gov. A prevailing wage scale is also on file in the office of the City of Fowler, 128 S Fifth Street, Fowler CA 93625, and copies may be obtained upon request. 677
Section , Item E
City of Fowler
Drought Resiliency Project Well 9
Issued for Bid – January 8, 2025
CONTRACT
00 52 13-2
C:\Users\sooho\Desktop\Well 9 Front Ends\00 52 13 Contract (LS Redline) 4866-1817-2383 1.docx ARTICLE IV. TERMINATION. If the Contractor should be adjudged as bankrupt, or if he should make a general assignment for the benefit of his creditors, or if a receiver should be appointed on account of his insolvency, or if he or any of his sub-contractors should violate any of the provisions, including, but not limited to, failure to meet the time of commencement and time of completion requirements in Section 00 52 13, of the Contract Documents, or if he should refuse or fail, except in cases for which extension of time is provided, to supply enough properly skilled workmen or proper materials, or if he should fail to make prompt payment to sub-contractors or for material or labor, or disregard laws, ordinances or the instructions of the Engineer, then the Owner may serve written notice upon the Contractor and his surety of material breach and its intention to terminate the Contract, such notice to contain the reasons for such intention to terminate the contract, and unless, within seven (7) days after the serving of such notice, Contractor performs as required by the Contract Documents or makes valid objection to termination, the contract shall, upon the expiration of said seven days, cease and terminate. If Contractor does not perform or make valid objection in response to such notice, then it waives all rights to perform the contract, to submit a claim for costs caused by the Owner’s performance of the contract, or to object to the Owner withholding its costs in performing the contract.
In the event of any such termination, the Owner may immediately take over performance of the contract and prosecute the work to completion as provided below, if immediate action is required because exigent circumstances are reasonably determined to exist by the Owner, or serve written notice thereof upon the surety and the Contractor, and the surety shall have the right to take over and perform the contract, provided, however, that if the surety within seven (7) days after the serving upon it of notice of termination does not give the Owner written notice of its intention to take over and perform the contract or does not commence performance thereof within the seven (7) days stated above from the date of the serving of such notice, the Owner may take over the work and prosecute the same to completion by force account, either with its own forces or with a contractor of its choice, or by any other method it may deem advisable, for the account and at the expense of the Contractor, and the Contractor and his surety shall be liable to the Owner for any excess cost occasioned the Owner thereby, and in such event the Owner may without liability for doing so, take possession of and utilize in completing the work such materials, appliances, plant and other property belonging to the Contractor as may be on the site of the Work and necessary therefore. In such case the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the contract price shall exceed the expenses of finishing the Work, including compensation for additional managerial and administrative services, such excess shall be paid to the Contractor. If the expense shall exceed such unpaid balance, the Contractor shall pay the difference to the Owner. The expense incurred by the Owner, as herein provided and damage incurred through the Contractor's default, shall be certified by the Engineer.
When the contract has been terminated as provided above or elsewhere in the Contract Documents, such termination shall not affect any rights of the Owner against the Contractor then existing or which may thereafter accrue.
ARTICLE V. SUSPENSION OF WORK. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than ninety (90) consecutive days by written notice to Contractor and Engineer. Such notice will fix the date on which Work will be resumed.
Contractor shall resume the Work on the date so fixed. Contractor shall be entitled to an extension 678
Section , Item E
City of Fowler
Drought Resiliency Project Well 9
Issued for Bid – January 8, 2025
CONTRACT
00 52 13-3
C:\Users\sooho\Desktop\Well 9 Front Ends\00 52 13 Contract (LS Redline) 4866-1817-2383 1.docx of the Contract Times. Contractor may be entitled to an adjustment in the Contract Price that is directly attributable to any such suspension. A Change Proposal seeking adjustments in the Contract Price shall be submitted no later than thirty (30) days after the date fixed for resumption of Work.
ARTICLE VI. WORKERS’ COMPENSATION. Contractor represents that he has secured the payment of Worker's Compensation in compliance with the provisions of the Labor Code of the State of California and during the performance of the Work will so to comply with the said provisions of said Code. Contractor shall supply the Owner with certificates of insurance, in triplicate, evidencing that Worker's Compensation Insurance is in effect and providing that the Owner will receive ten (10) days’ notice of cancellation. If Contractor self-insures Worker's Compensation, Certificate of Consent to Self-Insure should be provided the Owner.
ARTICLE VII. JOB SITE CONDITIONS. Contractor shall assume sole and complete responsibility for job site conditions during the course of construction of the project Work, including safety of all persons and property; and that this requirement shall apply continuously and not be limited to normal working hours.
ARTICLE VIII. CHANGES IN THE WORK. New and unforeseen work will be classed as extra work when determined by the Owner that such work is not covered by any of the various items or combination of such items for which there is a bid price. In the event that portions of such work are determined by the Owner to be covered by some of the various items or combinations of such items for which there is a bid price, the remaining portion of such work will be classified as extra work. Extra work also includes work specifically designated as extra work in the Plans and Specifications. Refer to Section 00 72 00 – General Conditions, Article 4.
ARTICLE IX. COMPLETION. Upon receipt of written notice that the Work is ready for final review, the Engineer and Owner will promptly make such review, and when the Owner finds the Work satisfactory under the Contract and the Contract fully performed, the Owner will promptly issue a Notice of Completion stating that the Work required by this Contract has been completed.
Within ten (10) days of acceptance, the Owner shall cause the Notice of Completion to be recorded. Final payment shall become due thirty-five (35) days after the date of the recording of the Notice of Completion.
Before issuance of final payment, the Contractor shall submit Conditional Releases as specified in Section 00 52 21 – Waiver and Release Submittals, except that, in the case of disputed indebtedness or liens, the Contractor may submit, in lieu of evidence of payment, a Surety Bond satisfactory to the Owner guaranteeing payment of all such disputed amounts when adjudicated.
ARTICLE X. TIME OF PERFORMANCE. The Notice to Proceed is specified in Section 00 55 00 – Notice to Proceed. Beginning of Work and Time of Completion are specified in Section 01 11 00 – Description of Work and Schedule Constraints. Liquidated Damages are those specified in Section 00 52 15 – Liquidated Damages. All time limits stated in the Contract Documents are of the essence.
679
Section , Item E
City of Fowler
Drought Resiliency Project Well 9
Issued for Bid – January 8, 2025
CONTRACT
00 52 13-4
C:\Users\sooho\Desktop\Well 9 Front Ends\00 52 13 Contract (LS Redline) 4866-1817-2383 1.docx ARTICLE XI. INDEMNITY AND INSURANCE. Contractor shall indemnify Owner in accordance with the provisions of Section 00 73 15 – Indemnity Agreement. Prior to commencing Work, the Contractor shall obtain at his own expense, and agrees to keep in effect during the life of this Contract, as a minimum requirement, the insurance described in Section 00 73 16 – Insurance Requirements. The Contractor shall furnish evidence of the required insurance coverages to the Owner prior to execution of the Contract Documents.
ARTICLE XII. ASSIGNMENT OF CLAYTON ACT AND CARTWRIGHT ACT RIGHTS.
Per Government Code Section 4552, in submitting its Bid and entering into the Contract or a subcontract to supply goods, services, or materials pursuant to the Contract, the Contractor or subcontractor offers and agrees to assign to the Owner all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the Contract or any subcontract. This assignment shall be made and become effective at the time the Owner tenders final payment to the Contractor, without further acknowledgment by the parties.
ARTICLE XIII. ASSIGNMENT AND TRANSFER OF CONTRACT. The Contractor shall not assign or transfer this Contract or any part thereof or any interest therein without consent in writing of the Owner and the Contractor's Surety, and any such assignment or transfer without such written consent shall be null and void.
ARTICLE XIV. CLAIMS AND DISPUTE RESOLUTION. Claims and disputes shall be resolved in accordance with the provisions of Public Contracts Code Section 9204, as set forth in Section 00 64 00 of these specifications.
ARTICLE XV. HEADINGS AND INTERPRETATION. The headings in the Contract Documents are solely for the convenience of the parties, and are not intended to and shall not be construed to in any way limit Contractor’s duties with respect to the performance of the Work as provided in the Contract Documents. Any uncertainty or ambiguity in the language of this Contract or the Contract Documents shall not be construed against the party drafting the same, but shall be construed as if both parties prepared the same and any provision to the contrary in Civil Code § 1654 is waived by the parties.
ARTICLE XVI. REMEDIES . The remedies given to Owner in the Contract Documents shall not be exclusive, but shall be cumulative and in addition to all remedies now or hereafter allowed by law.
If any provision of the Contract Documents is void or unenforceable, the same shall in no way affect the validity or enforceability of any other provision of the Contract Documents or the validity or enforceability of this Contract as a whole.
This Contract shall be binding upon and shall inure to the benefit of the parties hereto, as well as their respective heirs, successors and assigns.
680
Section , Item E
City of Fowler
Drought Resiliency Project Well 9
Issued for Bid – January 8, 2025
CONTRACT
00 52 13-5
C:\Users\sooho\Desktop\Well 9 Front Ends\00 52 13 Contract (LS Redline) 4866-1817-2383 1.docx IN WITNESS WHEREOF, they had executed this Contract this day of , 2024.
City of Fowler
Contractor Owner
By By
Thomas W. Gaffery IV, Interim City Manager
By
2nd Signatory if Needed, Title
ATTEST:
END SECTION
681
Section , Item E
April 25, 2025
Mr. Eric Rocha
Public Works and Public Utilities Director
City of Fowler
128 S. Fifth Street
Fowler, California 93625
RE: City of Fowler – Drought Resiliency Project Well No. 9 Construction Management Proposal
Dear Mr. Rocha,
Vanir CM respectfully offers the following scope of services and fee proposal to provide Construction management services to the City of Fowler – Drought Resiliency Project Well No. 9.
Scope of Services
The scope of services outlined below includes a list of tasks that Vanir can perform within the timeline provided understanding the request is for a part-time CM. This Proposal is based on Vanir starting in the Construction Phase (Phase 3) and duration to be between Mid-June 2025, through Mid-June 2026.
Construction Phase Services of 260 work days (~12 months) Vanir’s Construction Manager will be responsible for construction management and will establish and implement the required procedures between the City, the Engineer and the contractor. Success during the construction phase depends on the establishment and implementation of proper project controls systems along with the establishment of positive working relationships. Vanir will strive to establish trust among all team members and to keep their focus on the overall success of this project. With the participation and approval of the City, Vanir will complete the following tasks:
Task #1 – Document Control Procedures: Vanir will establish and maintain the formal process for submission and tracking of project documents including correspondence, submittals, request for information (RFI’s), engineer’s supplemental instructions/construction bulletins (ESI’s/CB’s), proposed change orders (PCOs), change orders (COs), payment requests, schedule updates and other contractually required documents. Task #2 – Jobsite Meetings: Our Construction Manager in conjunction with the City will conduct regular jobsite progress meetings with the contractor and major subcontractors to identify and resolve issues that may impact the progress of the project. We will record, transcribe and distribute minutes to all attendees, the City and all other appropriate parties. Task #3 – Construction Observation (NOT Inspection – Inspection to be provided by the City):
Our Construction Manager will observe the construction effort for the City on a regular “as682 Section , Item E
needed” basis and report any deviations, defects or deficiencies that are observed in the work.
We will work with the contractor and the engineer in the timely resolution of identified issues to minimize time and cost impacts.
Task #4 – Construction Progress Review: On a monthly basis, we will review the progress of construction with the contractor, observe work in place, identify properly stored materials and evaluate the percentage complete of each construction activity as indicated in the construction schedule. This will serve as data for input to the monthly update report which will be prepared and distributed to all appropriate parties. This report will reflect the contractor’s contractual progress and will be the basis for the monthly progress payment to the contractor. Task #5– Monthly Construction Schedule Updates: Vanir will review the contractors schedule updates and distribute. After an evaluation of the actual progress as observed by Vanir, schedule activities will then be assigned percentage complete values in conjunction with the contractor’s progress.
Task #6 – Change Order Processing System: Vanir will establish and implement a change order processing system. All owner requested changes will first be set forth in a document from the engineer outlining in detail the change and accompanied by technical drawings and specifications, if necessary. A request for proposal will be transmitted to the contractor by Vanir and a detailed breakdown of cost and time will be prepared by the contractor. Vanir will evaluate the contractor’s proposed cost with the engineer and will make a formal recommendation regarding acceptance of the proposal for a change order. Task #7 – Negotiation of Change Order Costs and Time Extensions: Vanir, in conjunction with the engineer and City, will negotiate change order costs and time extensions on behalf of the City. Vanir will advise the City of acceptability of price and time extension prior to the execution of any change order.
Task #8 – Claims Avoidance: Claims avoidance has the highest priority at Vanir, and we are proud of our record of performance in this area. Honest parties can have reasonable, justifiable disagreements over construction claims issues and still resolve these matters by maintaining a professional demeanor. Our team believes that disputes should be resolved at the earliest possible time and that they should be resolved fairly. When disputes do arise, our approach is to research the facts around the issue thoroughly, bring all parties involved to the table, discuss the matter and reach resolution. In our efforts to bring amicable resolution to disputes, we have used several alternative dispute resolution procedures such as Dispute Resolution Boards and Mediation.
Post-Construction Phase Services
Task #1 – Instruction Manuals & Training: Prior to the conclusion of construction, we will work with the contractor and subcontractors to obtain all written material such as operations and maintenance manuals, warranties and guarantees for all equipment installed in the project. 683
Section , Item E
These will be transmitted to the appropriate City staff for review prior to scheduling operations and maintenance training.
Task #2 – Record Documents: Vanir will perform coordination and expediting functions in connection with the contractor’s obligation to provide “record” documents. Although the transmittal of final record documents takes place at the end of the project it is imperative that this activity be monitored from the beginning of construction to assure accurate documents are available.
Task #3 Systems Training: Training (if necessary) will be incorporated into the contract documents for maintenance operations and custody staff. We will assist in the coordination of training for the opening of a new institution.
Task #4 – Final Completion: Upon completion of all punch list corrective action, Vanir will make a final comprehensive review of the project and issue a report to the City indicating the work performed is acceptable under the contract and make recommendations as to final payment to the contractor and acceptance of the facility.
END OF SCOPE OF WORK
FEE ON NEXT PAGE
684
Section , Item E
City of Fowler
Drought Resiliency Project Well No. 9
Phase 1: Pre-Bid (Design) Services
Type of Services Base Proposal Optional Services Grand Total Project Management $ - - $
Reimbursables $ - - $
Pre-Construction Subtotal - $ - $ - $
Phase 2: DBE Pre-Qualified, Evaluation, and Selection
Type of Services Base Proposal Optional Services Grand Total BD Estimates (95% CD) $ -
Bid Solicitation/Marketing $ -
Pre-bid Conference Included above
Bidder Questions Included above
Addenda Assistance Included above
Bid Opening & Evaluation Included above
Bid/Award Subtotal - $ - $ - $
Phase 3: Construction Management: from June 2025 - through June 2026 (~12 mont Type of Services Base Proposal Optional Services Grand Total Construction Management 126,325.00 $
CM Reimbursables 2,400.00 $
Construction Subtotal 128,725.00 $ - $ 128,725.00 $
Phase 4: Closeout Costs - Construction Management (~2 months) Type of Services Base Proposal Optional Services Grand Total Construction Management - $ - $
Reimbursables - $ - $
Closeout Subtotal - $ - $ - $
Grand Total All Phases (1-4) $ 128,725.00 $ -
Grand Total Including Optional Services 128,725.00 $
PROPOSED FEE SUMMARY
Attachment 1
VCM Fee Proposal 4/25/2025 685
Section , Item E
City of Fowler
Drought Resiliency Project Well 9
Phase 1: Pre-Bid (Design) Services
Position Tot. Hrs Total CostPROJECT MANAGEMENT Rate
Total Cost 0 -$
Phase 2: DBE Pre-Qualified, Evaluation, and Selection
Position Tot. Hrs Total CostPROJECT MANAGEMENT Rate
Total Cost 0 -$
Phase 3: Construction Management: from June 2025 - through June 2026 (~12 months) Position 1 2 3 4 5 6 7 8 9 10 11 12 13 Tot. Hrs Total Cost CONSTRUCTION MGMT Rate June July August September October November December January February March April May June Principal in Charge $265 1111111111111 13 $ 3,445
Deputy Area Manager $250 2444444444442 48 $ 12,000Construction Manager $165 28 56 56 56 56 56 56 56 56 56 56 56 28 672 110,880 $ Reimbrusables 1 100$ 200$ 200$ 200$ 200$ 200$ 200$ 200$ 200$ 200$ 200$ 200$ 100$ $ 2,400 $ 2,400 Total Cost 5,485$ 10,705 $ 10,705$ 10,705$ 10,705$ 10,705$ 10,705$ 10,705$ 10,705$ 10,705$ 10,705$ 10,705$ $ 5,485 733 $ 128,725 Attachment 1
VCM Fee Proposal 4/25/2025
686
Section , Item E
CITY COUNCIL MEETING
REPORT TO THE CITY COUNCIL
DATE: May 6, 2025
FROM: SOO HO PARK, City Engineer
SUBJECT:
AWARD Adams Avenue Rehabilitation Stearns to SR99 [STPL 5173 (039)] to Emmett Valley Construction, Inc. in the amount of $177,957 and authorize City Manager to execute the agreement.
EXECUTIVE SUMMARY
Staff recommends awarding the Adams Avenue Rehabilitation Stearns to SR99 [STPL 5173 (039)] to Emmett Valley Construction, Inc. in the amount of $177,957. This action authorizes the contractor to repave Adams Avenue between Stearns Avenue and SR99.
BACKGROUND
On April 15, 2025, the City received five responsive bids for the Adams Avenue Rehabilitation Stearns to SR99 [STPL 5173 (039)]. Emmet Valley Construction, Inc. was the lowest responsive bidder. This project focuses on repaving asphalt, pavement striping, utility adjustments, and preparation of subgrade. The Engineer’s Estimate for the project is $194,722.
Emmett Valley Construction, Inc. is based in Fresno, California and has a current and active Class A, General Contractor’s license in the State of California. Attached is the summary of the responsive bids received.
PUBLIC NOTICE
This item does not require a public hearing and was noticed as a part of the City Council Agenda.
ENVIRONMENTAL REVIEW
The proposed Project is exempt pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15301 (Class 1) exemption regarding existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities.
GENERAL PLAN CONSISTENCY
687
Section , Item F
This action is consistent with:
General Plan Goal MOB-1
Fowler’s streets are a safe and enjoyable environment for pedestrians, cyclists, motorists, and people of all ages and abilities.
FISCAL IMPACT
The project has been federally grant funded through the Surface Transportation Block Grant program. Through the grant, there is $213,125 available for construction funding. Once payments have been made to the contractor the City will be reimbursed through the grant.
PROCUREMENT PROCESS
This bid was competitively bid and there were five contractors who provided responsive bids.
Emmett Valley Construction, Inc. was the lowest responsive bidder on the project.
CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.
Attachments
- Adams Avenue Rehabilitation Project Plan
- Adams Avenue Rehabilitation Project Bid Summary
- Adams Avenue Rehabilitation Project Agreement
688
Section , Item F
City ofFowler THE CITY OF FOWLER CAL IFORN AI 1 9 0 8 128 S. 5TH STREET FOWLER, CA. 93625 PETERS ENGINEERING GROUP 862 Pollasky Avenue Phone (559) 299-1544 Clovis, California 93612 www.peters-engineering.com PROJECT LOCATION ADAMS AVENUE REHABILITATION CITY OF FOWLER DEPARTMENT OF PUBLIC WORKS PLANS FOR CONSTRUCTION OF CITY OF FOWLER 689 Section , Item F
City ofFowler THE CITY OF FOWLER CAL IFORN AI 1 9 0 8 128 S. 5TH STREET FOWLER, CA. 93625 PETERS ENGINEERING GROUP 862 Pollasky Avenue Phone (559) 299-1544 Clovis, California 93612 www.peters-engineering.com 690 Section , Item F
City ofFowler THE CITY OF FOWLER CAL IFORN AI 1 9 0 8 128 S. 5TH STREET FOWLER, CA. 93625 PETERS ENGINEERING GROUP 862 Pollasky Avenue Phone (559) 299-1544 Clovis, California 93612 www.peters-engineering.com 691 Section , Item F
City ofFowler THE CITY OF FOWLER CAL IFORN AI 1 9 0 8 128 S. 5TH STREET FOWLER, CA. 93625 PETERS ENGINEERING GROUP 862 Pollasky Avenue Phone (559) 299-1544 Clovis, California 93612 www.peters-engineering.com 692 Section , Item F
City ofFowler THE CITY OF FOWLER CAL IFORN AI 1 9 0 8 128 S. 5TH STREET FOWLER, CA. 93625 PETERS ENGINEERING GROUP 862 Pollasky Avenue Phone (559) 299-1544 Clovis, California 93612 www.peters-engineering.com 693 Section , Item F
City ofFowler THE CITY OF FOWLER CAL IFORN AI 1 9 0 8 128 S. 5TH STREET FOWLER, CA. 93625 PETERS ENGINEERING GROUP 862 Pollasky Avenue Phone (559) 299-1544 Clovis, California 93612 www.peters-engineering.com 694 Section , Item F
BASE BID SCHEDULE
Item No. Quantity Unit Item Description Unit Price Total Amount Unit Price Total Amount Unit Price Total Amount Unit Price Total Amount 1 1 LS Mobilization $18,000.00 $18,000.00 $15,000.00 $15,000.00 $13,570.00 $13,570.00 $7,030.00 $7,030.00 2 1 LS Traffic Control $15,000.00 $15,000.00 $12,000.00 $12,000.00 $23,749.00 $23,749.00 $21,079.00 $21,079.00 3 1 LS Dust Control $5,000.00 $5,000.00 $2,000.00 $2,000.00 $3,257.00 $3,257.00 $2,471.00 $2,471.00 4 1 LS Clearing & Grubbing $5,000.00 $5,000.00 $3,000.00 $3,000.00 $22,819.00 $22,819.00 $12,456.00 $12,456.00 5 1 LS Stormwater Pollution Prevention $3,500.00 $3,500.00 $2,000.00 $2,000.00 $1,392.00 $1,392.00 $3,103.00 $3,103.00 6 760 CY Roadway Excavation $30.00 $22,800.00 $45.00 $34,200.00 $22.30 $16,948.00 $20.80 $15,808.00 7 465 TON Hot Mix Asphalt $110.00 $51,150.00 $123.00 $57,195.00 $125.00 $58,125.00 $138.20 $64,263.00 8 930 TON Aggregate Base (Class II) $60.00 $55,800.00 $38.00 $35,340.00 $37.40 $34,782.00 $41.70 $38,781.00 9 125 LF Hot Mix Asphalt Dike (Type C) $40.00 $5,000.00 $50.00 $6,250.00 $33.00 $4,125.00 $31.40 $3,925.00 10 1 EA Adjust Water Valve Frame and Cover to Grade $1,000.00 $1,000.00 $1,000.00 $1,000.00 $989.00 $989.00 $1,067.00 $1,067.00 11 1 EA Adjust Sewer Manhole Frame and Cover to Grade $1,500.00 $1,500.00 $1,500.00 $1,500.00 $1,863.00 $1,863.00 $3,360.00 $3,360.00 12 1 LS Signage, Pavement Striping, Markers, and Markings $5,000.00 $5,000.00 $4,500.00 $4,500.00 $4,600.00 $4,600.00 $5,373.00 $5,373.00 13 1 LS Caltrans Encroachment Permit $972.00 $972.00 $972.00 $972.00 $972.00 $972.00 $972.00 $972.00 14 1 LS Miscellaneous Facilities $5,000.00 $5,000.00 $3,000.00 $3,000.00 $5,681.00 $5,681.00 $17,707.00 $17,707.00 TOTAL BASE BID $194,722.00 $177,957.00 $192,872.00 $197,395.00
BASE BID SCHEDULE
Item No. Quantity Unit Item Description Unit Price Total Amount Unit Price Total Amount 1 1 LS Mobilization $21,204.93 $21,204.93 $23,000.00 $23,000.00 2 1 LS Traffic Control $14,827.33 $14,827.33 $85,000.00 $85,000.00 3 1 LS Dust Control $3,268.33 $3,268.33 $575.00 $575.00 4 1 LS Clearing & Grubbing $2,451.25 $2,451.25 $10,000.00 $10,000.00 5 1 LS Stormwater Pollution Prevention $1,634.17 $1,634.17 $1,200.00 $1,200.00 6 760 CY Roadway Excavation $34.23 $26,014.80 $50.00 $38,000.00 7 465 TON Hot Mix Asphalt $140.76 $65,453.40 $120.00 $55,800.00 8 930 TON Aggregate Base (Class II) $48.75 $45,337.50 $30.00 $27,900.00 9 125 LF Hot Mix Asphalt Dike (Type C) $78.66 $9,832.50 $50.00 $6,250.00 10 1 EA Adjust Water Valve Frame and Cover to Grade $1,406.53 $1,406.53 $2,000.00 $2,000.00 11 1 EA Adjust Sewer Manhole Frame and Cover to Grade $2,590.87 $2,590.87 $2,000.00 $2,000.00 12 1 LS Signage, Pavement Striping, Markers, and Markings $4,662.82 $4,662.82 $4,000.00 $4,000.00 13 1 LS Caltrans Encroachment Permit $972.00 $972.00 $972.00 $972.00 14 1 LS Miscellaneous Facilities $871.55 $871.55 $2,100.00 $2,100.00 TOTAL BASE BID $200,527.98 $258,797.00
Engineer's Estimate
BID SUMMARY "April 15, 2025"
CITY OF FOWLER - "Adams Avenue Rehabilitation: Stearns to SR99" #1 #2 #3
#4
MAC General Engineering Cal Valley Construction
#5
Emmet Valley Construction Dave Christian Construction Terra West Construction 695
Section , Item F
AGREEMENT
THIS AGREEMENT made at Fowler, in Fresno County, California, by and between ___________________________________ hereinafter called the Contractor, and the City of Fowler hereinafter called the Owner.
WITNESSETH: That the Contractor and the Owner, for the consideration hereinafter named, agree as follows:
ARTICLE I. The Contractor agrees to furnish all labor and materials, including tools, implements, and appliances required, but excluding such materials as are mentioned in the specifications to be furnished by the Owner, and to perform all the work in a good and workmanlike manner, free from any and all liens and claims of mechanics, materialmen, teamsters, subcontractors, artisans, machinists, and laborers required for:
ADAMS AVENUE REHABILITATION: STEARNS TO SR99
STPL 5173 (039)
all in strict compliance with the plans, drawings and specifications therefore prepared by the Owner, and other contract documents relating thereto.
ARTICLE II. The Contractor and the Owner agree that the Advertisement (Notice to Contractors), the Wage Scale (Prevailing Wages), the Specifications, the Special Provisions, the Plans and Drawings, the Addenda and Bulletins thereto, and the Proposal hereto attached, together with this Agreement, form the contract, and they are as fully a part of the contract a if hereto attached or herein repeated.
All portions of the 2023 Standard Specifications of the State of California, Department of Transportation, which are not in conflict with this contract shall be deemed a part of the specifications as though fully therein set forth. No part of said Special Provisions which is in conflict with any portion of this agreement, or which is not actually descriptive of the work to be done thereunder, or the manner in which said work is to be executed, shall be considered as any part of this agreement, but shall be utterly null and void.
ARTICLE III. The Owner agrees to pay the Contractor in current funds for the performance of the contract sum of One hundred and seventy seven thousand nine hundred and fifty seven ($ 177,957.00 ) it being understood that said price is based upon the estimated quantities of materials to be used as set forth in the Proposal, except where provisions are made in the contract documents whereby the estimated quantities shall constitute the final quantity; that upon completion of the project the final contract prices shall be revised by change order, if necessary, to reflect the true quantities used at the stated unit price thereof as contained in the Contractor's Proposal hereto attached. Payments on account thereof will be made as set forth in the Special Provisions.
ARTICLE IV. If the Contractor should be adjudged a bankrupt, or if he should make a general assignment for the benefit of his creditors, or if a receiver should be appointed on account of his insolvency, or if he or any of his subcontractors should persistently violate any of the provisions of the contract, or if he should persistently or repeatedly refuse or should, fail, except in cases for which extension of time is provided, to supply enough properly skilled workmen or proper materials, or if he should fail to make prompt payment to subcontractors or for material or labor, or persistently disregard laws, ordinances or the instructions of the Engineer, then the Owner may, upon certificate of the Engineer when sufficient cause exists to justify such action, serve written notice upon the Contractor and his surety of its intention to terminate the contract, and unless within five days after the serving of such notice such violations shall cease and satisfactory arrangements for correction thereof be made, the contract shall, upon the expiration of said five 696
Section , Item F
days, cease and terminate.
In the event of any such termination, the Owner shall immediately serve written notice thereof upon the surety and the Contractor, and the surety shall have the right to take over and perform the contract, provided, however, that if the surety within ten (10) days after the serving upon it of notice of termination does not give the Owner written notice of its intention to take over and perform the work or does not commence performance thereof within the ten (10) days stated above from the date of the serving of such notice, the Owner may take over the work and prosecute the same to completion by contract or by any other method it may deem advisable, for the account and at the expense of the Contractor, and the Contractor and his surety shall be liable to the Owner for any excess cost occasioned the Owner thereby, and in such event the Owner may without liability for so doing, take possession of and utilize in completing the work such materials, appliances, plant and other property belonging to the Contractor as may be on the site of the work and necessary therefor. In such case the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the contract price shall exceed the expenses of finishing the work, including compensation for additional managerial and administrative services, such excess shall be paid to the Contractor. If such expense shall exceed such unpaid balance, the Contractor shall pay the difference to the Owner.
The expense incurred by the Owner, as herein provided and damage incurred through the Contractor's default, shall be certified by the Engineer.
ARTICLE V. With respect to any work required to be done under this Agreement, Contractor shall at its sole risk and expense indemnify, defend and hold the City, its officials, officers, employees, and agents, including Provost & Pritchard Engineering Group Inc., d.b.a. Provost & Pritchard Consulting Group and Peters Engineering Group, harmless from and against all claims, demands, causes of action, actions, damages, losses, expenses, judgments, and other liabilities, (including without limitation reasonable attorney fees and costs of litigation) of every nature arising out of or in connection with the alleged or actual acts, errors, omissions or negligence of Contractor or its subcontractors relating to the performance of work described herein to the fullest extent permitted by law, unless the injuries or damages are the result of City's sole or active negligence or willful misconduct. Contractor and City agree that said indemnity and defense obligations shall survive the expiration or termination of this Agreement for any items specified herein that arose or occurred during the term of this Agreement
The Contractor shall furnish the Owner with a Certificate of Insurance, in triplicate, indicating insurance coverage with respect to the liability assumed by the Contractor under the provisions of this Article V, and shall further indicate insurance coverage with minimum limits as shown in either (a.) or (b.) as follows:
a. Bodily Injury Liability $1,000,000 $1,000,000
Each person Each occurrence
Property Damage Liability $1,000,000 $1,000,000
Each person Aggregate
b. A single limit for Bodily Injury Liability and Property Damage Liability combined of:
$1,000,000, Each occurrence, $1,000,000, Aggregate
Contractor's Property Damage Liability insurance shall include coverage for property damage caused by blasting, collapse, structural injuries of damage to underground utilities. The policy shall not contain the so-called "x", "c" or "u" exclusions.
The Certificate of Insurance shall further provide that ten days notice of cancellation or reduction in coverage shall be given the Owner.
An additional Insured Endorsement to the Contractor's Liability insurance policy naming the Owner, the above said agencies and all other participating public agencies (if applicable) and all 697
Section , Item F
officers and employees of the above, shall also be furnished in triplicate.
ARTICLE VI. Contractor represents that he has secured the payment of Worker's Compensation in compliance with the provisions of the Labor Code of the State of California and during the performance of the work contemplated herein will continue so to comply with said provisions of said Code. Contractor shall supply the Owner with certificates of insurance, in triplicate, evidencing that Worker's Compensation Insurance is in effect and providing that the Owner will receive ten days notice of cancellation. If Contractor self-insures Worker's Compensation, Certificate of Consent to Self-insure shall be provided the Owner.
ARTICLE VII. The Contractor shall forthwith furnish in triplicate, a faithful performance bond in an amount equal to 100% of the contract price and a payment bond in an amount equal 100% of the contract price, both bonds to be written by a surety company acceptable to the Owner and in the form prescribed by law.
The payment bond shall contain provisions such that if the Contractor or his subcontractors shall fail to pay (a) amounts due under the Unemployment Insurance Code with respect to work performed under the contract, or (b) any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of the employees of the Contractor and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the surety will pay these amounts. In case suit is brought upon the payment bond, the surety will pay a reasonable attorney's fee to be fixed by the court.
ARTICLE VIII. Should either party to the contract bring an arbitration or mediation proceeding or other action to enforce any provisions of the contract, including an action pursuant to Public Contract Code Section 20104.4, the prevailing party shall be entitled to recover reasonable attorney's fees and all costs in connection therewith. The term "prevail" as used in this section shall include any action at law, in equity, or pursuant to arbitration in which either party has been successful
ARTICLE IX. Time is of the essence. The improvement and work contemplated in the performance of this contract is predicated on sufficient suitable weather conditions during the contract period (after the notice to proceed), it is agreed that the contract may be credited additional days as provided in the specifications, but no additional monetary compensation. Any such delay shall be documented and processed on the standard change order form.
IN WITNESS WHEREOF, they have executed this Agreement this day of _____________________, 20__ .
City of Fowler
(Owner) (Contractor)
By:
Michael Reid, City Manager (Taxpayer Federal I.D. No.)
ATTEST:
By:
Angela Vasquez, City Clerk
Title
698
Section , Item F