Las Animas Park Pickleball Courts SECTION 00100
Project No. 26-PW-305 INSTRUCTIONS TO BIDDERS-7
In the event of a difference between a price quoted in words and a price quoted in figures for the same quotation, the words shall be the amount bid. In the event that the product of a unit price and an estimated quantity does not equal the extended amount quoted, the unit price shall govern, and the correct product of the unit price and the estimated quantity shall be deemed to be the amount bid. If the sum of two or more items in a bidding schedule does not equal the total amount quoted, the individual item amounts shall govern and the correct total shall be deemed to be the amount bid.
15.0 BID GUARANTY
The bid form shall be accompanied by a bid guaranty bond provided by a surety company authorized to carry on business in the State of California with a minimum “A-:VII” rating with Best’s Rating Guide for payment to the City in the sum of at least ten (10) percent of the total amount of the bid price, or, alternatively, by a certified or cashier’s check, payable to the City in the sum of at least ten (10) percent of the total amount of the bid price. The bid guaranty bond shall be provided on the form included in Section 00410, BID GUARANTY BOND, of this Project Document. The amount payable to the City under the bid guaranty bond, or the certified or cashier’s check and the amount thereof, as the case may be, shall be forfeited to the City as liquidated damages in case of a failure or neglect of the bidder to furnish, execute, and deliver to the City the required performance and payment bonds, evidences of insurance; and to enter into, execute, and deliver to the City the Agreement on the form provided herewith, within ten (10) calendar days after receiving written notice from the City that the award has been made and the Agreement is ready for execution.
The bid guarantees of the three lowest bidders will be retained until the Agreement is signed, evidence of insurance provided, and satisfactory bonds furnished or other disposition made thereof. The bid guarantees of all bidders except the three lowest, responsive bids will be returned within 15 calendar days after the bids are opened.
16.0 QUALIFICATION OF BIDDER
Each bidder shall complete and submit with their bid Section 00420, CERTIFICATION OF BIDDER’S EXPERIENCE AND QUALIFICATIONS.
Upon the request of City, any bidder whose bid is under consideration for the award of the Contract shall promptly submit satisfactory evidence showing the bidder’s financial resources, its construction experience, and its organization’s availability for the performance of the Contract.
The bidder may be required to establish to the satisfaction of the City the reliability and responsibility of the persons or entities proposed to furnish and perform the work described in the Documents.
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17.0 SUBCONTRACTORS
In accordance with California Public Contracting Code Section 4100, et. seq., each bid shall have listed in Section 00430, PROPOSED SUBCONTRACTORS, the name, portion of work to be performed, and location of the place of business of each subcontractor who will perform work or labor or render service to the bidder in or about the construction of the work or improvement, or of any subcontractor licensed by the State of California who, under subcontract to the bidder, will specially fabricate and install a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of one percent of the bidder’s total bid, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of one percent of the bidder’s total bid or Ten Thousand Dollars ($10,000.00), whichever is greater.
Failure to list subcontractors may render the bid non-responsive and may be grounds for rejection of the bid. Failure to comply with the provisions of the California “Subletting and Subcontracting Fair Practices Act” shall make the Contractor subject to the sanctions as set forth in the Act.
The Contractor shall perform at a minimum the percentage of work specified in Section 01010-7.0, CONTRACTOR’S WORK PERCENTAGE, with its own forces and shall not subcontract out this portion of work.
18.0 MAJOR EQUIPMENT ITEMS
Not used.
19.0 SUBSTITUTIONS DURING BIDDING
Manufacturers or suppliers of materials and equipment may offer an alternative product to the Contractor and request that alternatives to specified products be considered equal. Inclusion of such alternatives in the bid is the responsibility of the Contractor. Inclusion should only be considered if the Contractor believes the offered alternative is equal in quality and performance to the specified product.
After award of the Contract, such offers of alternative products will be reviewed and processed as a substitution as provided under Section 01600, MATERIAL AND EQUIPMENT.
20.0 BIDDERS INTERESTED IN MORE THAN ONE BID
No person, partnership, company, association, organization, business entity, business combination, or corporation, under the same or different name, shall make, file, or be interested in more than one bid for the same work unless alternate bids are called for. A person, partnership, company, association, organization, business entity, business combination, firm, or corporation may, however, submit subproposals or quote prices on materials to more than one bidder.
Las Animas Park Pickleball Courts SECTION 00100
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Pursuant to Public Contract Code Section 7106, bidders shall execute and furnish with their bids Section 00480, NON-COLLUSION AFFIDAVIT. Reasonable grounds to believe that any individual, partnership, company, association, organization, business entity, corporation, or business combination is interested in more than one bid for the proposed work may cause rejection of all bids in which that individual, partnership, company, association, organization, business entity, corporation, or business combination is interested.
21.0 SHEETING, SHORING AND BRACING
Pursuant to the provisions of California Labor Code Section 6707, each bid submitted shall contain, in the bid item indicated, the amount included in its bid for adequate sheeting, shoring, and bracing, or equivalent method, for the protection of life and limb in trenches and open excavation, which shall conform to applicable safety orders. By listing this sum, the bidder warrants that its action does not convey tort liability to the City, the Design Consultant, the Construction Manager, and their employees, agents, and subconsultants.
22.0 WAGE RATES
Pursuant to provisions of the Labor Code Section 1770, et. seq., of the State of California, the Director of the Department of Industrial Relations has ascertained the prevailing rate of per diem wages of the locality in which the Work is to be performed and applicable to the work to be done. Copies of these wage determinations can be obtained at: www.dir.ca.gov
Bidders shall promptly notify the City, in writing, about all the classifications of labor not listed in the prevailing wage determinations but necessary for the performance of the Work, before bids are submitted.
23.0 WAGE THEFT PREVENTION
Compliance with Wage and Hour Laws: Contractor, and any subcontractor it employs to complete work under this Agreement, shall comply with all applicable federal, state, and local wage and hour laws. Applicable laws may include, but are not limited to, the Federal Fair Labor Standards Act and the California Labor Code.
Final Judgments, Decisions, and Orders: For purposes of this Section, a “final judgment, decision, or order” refers to one for which all appeals have been exhausted or the time to appeal has expired. Relevant investigatory government agencies include: the federal Department of Labor, the California Division of Labor Standards Enforcement, or any other governmental entity or division tasked with the investigation and enforcement of wage and hour laws. This would include any administrative actions of the Department of Industrial Relations (DIR).
Contractors and Subcontractors shall provide documentation of any such court or
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Project No. 26-PW-305 INSTRUCTIONS TO BIDDERS-10
administrative violations as part of the bid submittal process and concurs with the following:
BY SIGNING THIS AGREEMENT, THE CONTRACTOR AFFIRMS 1) THAT IT
AND ALL OF ITS SUBCONTRACTORS HAVE DISCLOSED AND PROVIDED
ANY AND ALL FINAL JUDGMENTS, DECISIONS, OR ORDERS FROM A
COURT OR INVESTIGATORY GOVERNMENT AGENCY FINDING IN THE FIVE (5) YEARS PRIOR TO EXECUTING THIS AGREEMENT OR 2) AFFIRMS THERE
ARE NO SUCH VIOLATIONS AND THAT CONTRACTOR AND/OR ITS
SUBCONTRACTOR(S) HAVE NOT VIOLATED ANY APPLICABLE WAGE AND HOUR LAWS.
Judgments or Decisions During Term of Contract: If at any time during the term of this Agreement, a court or investigatory government agency issues a final judgment, decision, or order finding that Contractor or a subcontractor it employs to perform work under this Agreement has violated any applicable wage and hour law, or Contractor learns of such a judgment, decision, or order that was not previously disclosed, Contractor shall inform the City, no more than fifteen (15) days after the judgment, decision, or order becomes final or of learning of the final judgment, decision, or order. Contractor and its subcontractors shall promptly satisfy and comply with any such judgment, decision, or order, and shall provide the City Attorney with documentary evidence of compliance with the final judgment, decision, or order within five (5) days of satisfying the final judgment, decision, or order. The City reserves the right to require Contractor to enter into an agreement with the City regarding the manner in which any such final judgment, decision, or order will be satisfied.
City’s Right to Withhold Payment: Where Contractor or any subcontractor it employs to perform work under this Agreement has been found in violation of any applicable wage and hour law by a final judgment, decision, or order of a court or government agency, the City reserves the right to withhold payment to Contractor until such judgment, decision, or order has been satisfied in full.
Material Breach: Failure to comply with any part of this Section constitutes a material breach of this Agreement. Such breach may serve as a basis for immediate termination of this Agreement and/or any other remedies available under this Agreement and/or law.
Notice to City Related to Wage Theft Prevention: Notice provided to the City as required under this Section shall be addressed to: Public Works Director, City of Gilroy, 7351 Rosanna Street, Gilroy CA 95020. The Notice provisions of this Section are separate from any other notice provisions in this Agreement and, accordingly, only notice provided to the above address satisfies the notice requirements in this Section.
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Project No. 26-PW-305 INSTRUCTIONS TO BIDDERS-11
24.0 OFFER OF ASSIGNMENT OF ANTITRUST ACTIONS
As provided by Section 4552, et. seq., of the California Government Code, in submitting a bid to the City, the bidder offers and agrees that if the bid is accepted, it will assign to the City 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. Section 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, materials, or services by the bidder for sale to the City pursuant to the bid. Such assignment shall be made and become effective at the time the City tenders final payment to the bidder.
25.0 ASSIGNMENT OF CONTRACT
Any attempted assignment by the Contractor of any contract to be entered into hereunder, or any part thereof, or of funds to be received thereunder by the Contractor, is void unless such assignment has had prior written approval of City, and the Surety has been given due notice of such assignment in writing and has consented thereto in writing.
26.0 REJECTION OF BIDS
The City reserves the right to reject any and all bids and further reserves the right to reject any bids which are nonresponsive, incomplete, obscure, or irregular; any bids which omit a bid on any one or more items on which the bids are required; any bids in which unit prices are unbalanced in the opinion of the City; any bids accompanied by insufficient or irregular bid guaranty; any bids from bidders who have previously failed to perform properly or to complete on time Contracts of any nature; and any bidder who fails to provide satisfactory documentation of its qualifications as required by Section 00100-16.0, QUALIFICATION OF BIDDER.
The City reserves the right to waive irregularities.
27.0 CONTRACT, BONDS AND INSURANCE CERTIFICATES
The successful bidder, simultaneously with the execution of the Agreement, will be required to furnish a Payment Bond on forms provided by the City, a Faithful Performance Bond, the Workers’ Compensation Insurance Certificate and evidences of insurance. The bonds and insurance shall be secured from an established surety or insurance company, and the insurance certificate must be satisfactory to City with a minimum “A-:VII” rating with Best’s Rating Guide.
To be approved, the Payment Bond shall be in an amount not less than one hundred percent (100%) of the total amount payable by the terms of the Agreement.
Simultaneously with the submission of its bid, the bidder shall furnish the name, address and telephone number of the surety that the bidder proposes to furnish the Payment Bond.
Las Animas Park Pickleball Courts SECTION 00100
Project No. 26-PW-305 INSTRUCTIONS TO BIDDERS-12
The Payment Bond shall secure the payment of those persons or entities to whom the bidder may become legally indebted for labor, materials, tools, equipment or services of any kind used or employed by the bidder in performing the work, or taxes or amounts to be withheld thereon. The Payment Bond shall provide that the surety will pay the following amounts should the Contractor or a Subcontractor fail to pay the same, plus reasonable attorneys’ fees to be fixed by the court if suit is brought upon the bond: (1) amounts due to any of the persons named in California Civil Code Section 3181; (2) amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Agreement; and (3) any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to the work and labor. The Payment Bond shall, by its terms, inure to the benefit of any of the persons named in Civil Code Section 3181 so as to give a right of action to those persons or their assigns in any suit brought upon the bond.
The Faithful Performance Bond shall be secured from the surety in an amount not less than one hundred percent (100%) of the total amount payable by the terms of the Agreement. The Faithful Performance Bond shall secure the faithful performance of the contract. The successful bidder shall furnish the name, address and telephone number of the surety that will furnish the Payment Bond. The Performance and Payment bonds may be released, upon approval by the City, 35 days following the recording of the Notice of Acceptance of Completion, pending receipt of a Maintenance Bond in the amount of ten percent of the final contract amount.
The bidder shall carefully examine the form of the Agreement as provided in Section 00500, which the successful bidder as Contractor will be required to execute, and the forms of bonds and insurance certificates as provided in Sections 00610, 00620 and 00630, which the bidder will be required to furnish.
28.0 AWARD OF CONTRACT
Within sixty (60) days after the time of opening of the bids, the City will act either to accept a bid, to reject all bids or with the consent of the bidders and their sureties to extend the time in which the City may act. The acceptance of a bid will be evidenced by a Notice of Intent to Award of Contract via email to the bidder whose bid is accepted. No other act of City will constitute acceptance of a bid. The Award of Contract shall obligate the bidder whose bid is accepted to furnish performance and payment bonds and evidences of insurance, and to execute the Agreement in the form set forth in the Contract Documents. The Contract will require the completion of the work according to the Contract Documents.
29.0 EXECUTION OF CONTRACT
The Agreement shall be executed by the successful bidder and returned, together
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Project No. 26-PW-305 INSTRUCTIONS TO BIDDERS-13
with the Contract bonds and evidences of insurance, within ten (10) days after receiving written Notice of Intent to Award of the Contract. Time is of the essence in this regard. After execution by City, one copy of the Agreement shall be returned to Contractor.
The failure to execute the Contract Documents or to furnish the bonds or insurance required by these instructions within ten (10) days after receiving written notice of the Intent to Award of the Contract constitutes a default. In the event of a default, the City may award the Contract to the next lowest bidder or may readvertise for bids. The City may charge against the defaulting bidder the greater of (1) the amount of the bid bond, or (2) the difference between the amount of the bid and the amount for which a Contract for the work is subsequently executed, irrespective of whether the amount thus due exceeds the amount of the bid bond.
If a more favorable bid is received by readvertising, the defaulting bidder shall have no claim against the City for a refund.
30.0 CONSTRUCTION DOCUMENTS
Within five (5) working days after the execution of the Contract, the City will furnish the Contractor three (3) copies of the Plans and Specifications (upon request).
The Contractor may obtain additional copies for the price listed in Section 00020, INVITATION TO BID.
31.0 CONTRACTOR AND SUBCONTRACTOR REGISTRATION REQUIREMENTS Senate Bill 854 was passed by the legislature and signed by the Governor on June 20, 2014 which modified the labor code. Section 1725.5 is added to the Labor Code, to read:
1725.5
A contractor shall be registered pursuant to this section to be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any public work contract that is subject to the requirements of this chapter. For the purposes of this section, “contractor” includes a subcontractor as defined by Section 1722.1. (a) To qualify for registration under this section, a contractor shall do all of the following:
(1) Beginning July 1, 2014, register with the Department of Industrial Relations in the manner prescribed by the department and pay an initial nonrefundable application fee to qualify for registration under this section and an annual renewal fee on or before July 1 of each year thereafter. The annual renewal fee shall be in a uniform amount set by the Director of Industrial Relations, and the initial registration and renewal fees may be adjusted no more than annually by the director to support the costs specified in Section 1771.3.
Las Animas Park Pickleball Courts SECTION 00100
Project No. 26-PW-305 INSTRUCTIONS TO BIDDERS-14
(2) Provide evidence, disclosures, or releases as are necessary to establish all of the following:
(A) Workers’ Compensation coverage that meets the requirements of Division 4 (commencing with Section 3200) and includes sufficient coverage for any worker whom the contractor employs to perform work that is subject to prevailing wage requirements other than a contractor who is separately registered under this section. Coverage may be evidenced by a current and valid certificate of workers’ compensation Insurance or certification of selfinsurance required under Section 7125 of the Business and Professions Code.
(B) If applicable, the contractor is licensed in accordance with Chapter 9 (commencing with Section 7000) of the Business and Professions Code. (C) The contractor does not have any delinquent liability to an employee or the state for any assessment of back wages or related damages, interest, fines, or penalties pursuant to any final judgment, order, or determination by a court or any federal, state, or local administrative agency, including a confirmed arbitration award. However, for purposes of this paragraph, the contractor shall not be disqualified for any judgment, order, or determination that is under appeal, provided that the contractor has secured the payment of any amount eventually found due through a bond or other appropriate means.
(D) The contractor is not currently debarred under Section 1777.1 or under any other federal or state law providing for the debarment of contractors from public works.
(E) The contractor has not bid on a public works contract, been listed in a bid proposal, or engaged in the performance of a contract for public works without being lawfully registered in accordance with this section, within the preceding 12 months or since the effective date of the requirements set forth in subdivision (e), whichever is earlier. If a contractor is found to be in violation of the requirements of this paragraph, the period of disqualification shall be waived if both of the following are true:
(i)The contractor has not previously been found to be in violation of the requirements of this paragraph within the preceding 12 months. (ii)The contractor pays an additional nonrefundable penalty registration fee of two thousand dollars ($2,000).
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Project No. 26-PW-305 INSTRUCTIONS TO BIDDERS-15
(b) Fees received pursuant to this section shall be deposited in the State Public Works Enforcement Fund established by Section 1771.3 and shall be used only for the purposes specified in that section.
(c) A contractor who fails to pay the renewal fee required under paragraph (1) of subdivision (a) on or before the expiration of any prior period of registration shall be prohibited from bidding on or engaging in the performance of any contract for public work until once again registered pursuant to this section. If the failure to pay the renewal fee was inadvertent, the contractor may renew its registration retroactively by paying an additional nonrefundable penalty renewal fee equal to the amount of the renewal fee within 90 days of the due date of the renewal fee.
(d) If, after a body awarding a contract accepts the contractor’s bid or awards the contract, the work covered by the bid or contract is determined to be a public work to which Section 1771 applies, either as the result of a determination by the director pursuant to Section 1773.5 or a court decision, the requirements of this section shall not apply, subject to the following requirements:
(1) The body that awarded the contract failed, in the bid specification or in the contract documents, to identify as a public work that portion of the work that the determination or decision subsequently classifies as a public work. (2) Within 20 days following service of notice on the awarding body of a determination by the Director of Industrial Relations pursuant to Section 1773.5 or a decision by a court that the contract was for public work as defined in this chapter, the contractor and any subcontractors are registered under this section or are replaced by a contractor or subcontractors who are registered under this section.
(3) The requirements of this section shall apply prospectively only to any subsequent bid, bid proposal, contract, or work performed after the awarding body is served with notice of the determination or decision referred to in paragraph (2) of this subdivision.
(e) The requirements of this section shall apply to any bid proposal submitted on or after March 1, 2015, and any contract for public work, as defined in this chapter, entered into on or after April 1, 2015.
Section 1771.1 is added to the Labor Code, to read:
1771.1.
(a) A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined
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Project No. 26-PW-305 INSTRUCTIONS TO BIDDERS-16
in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. (b) Notice of the requirement described in subdivision (a) shall be included in all bid invitations and public works contracts, and a bid shall not be accepted nor any contract or subcontract entered into without proof of the contractor or subcontractor’s current registration to perform public work pursuant to Section 1725.5.
(c) An inadvertent error in listing a subcontractor who is not registered pursuant to Section 1725.5 in a bid proposal shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive, provided that any of the following apply:
(1) The subcontractor is registered prior to the bid opening. (2) Within 24 hours after the bid opening, the subcontractor is registered and has paid the penalty registration fee specified in subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5.
(3) The subcontractor is replaced by another registered subcontractor pursuant to Section 4107 of the Public Contract Code.
(d) Failure by a subcontractor to be registered to perform public work as required by subdivision (a) shall be grounds under Section 4107 of the Public Contract Code for the contractor, with the consent of the awarding authority, to substitute a subcontractor who is registered to perform public work pursuant to Section 1725.5 in place of the unregistered subcontractor.
(e) The department shall maintain on its Internet Web site a list of contractors who are currently registered to perform public work pursuant to Section 1725.5. (f) A contract entered into with any contractor or subcontractor in violation of subdivision (a) shall be subject to cancellation, provided that a contract for public work shall not be unlawful, void, or voidable solely due to the failure of the awarding body, contractor, or any subcontractor to comply with the requirements of Section 1725.5 or this section.
(g) This section shall apply to any bid proposal submitted on or after March 1, 2015, and any contract for public work entered into on or after April 1, 2015.
Section 1771.3 of the Labor Code is repealed.
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As per the updated labor code shown above, for any bid proposal submitted on or after March 1, 2015, and any contract for public work entered into on or after April 1, 2015, all contractors must be registered with the state to be qualified to bid on, be listed in a bid proposal or engage in the performance of any public work contract that is subject to the requirements of the code. “Contractor” includes subcontractors as defined by the Code Section 1722.1. Failure of the contractor and subcontractors to be registered at the time of bidding, as required by the labor code, shall render the bid as non-responsible. ***END OF SECTION***
Las Animas Park Pickleball Courts
Project No. 26-PW-305 SECTION 00300-18
SECTION 00220
GEOTECHNICAL DATA
See Appendix A for Geotechnical Data
Las Animas Park Pickleball Courts
Project No. 26-PW-305 SECTION 00300-19
SECTION 00300
BID
DATE:
The undersigned, as bidder, declares that we have received and examined the Contract Documents entitled Las Animas Park Pickleball Courts, Project No. 26-PW-305, and will contract with the City, on the form of Agreement provided herewith, to do everything required for the fulfillment of the Contract for the construction of this project at the prices and on the terms and conditions herein contained.
We agree that the following shall form a part of this bid and are submitted herewith:
SECTION TITLE Item Included (?)
00300 Bid
00310 Bid Schedule
00410 Bid Guaranty Bond
00420 Certification of Bidder’s Experience and Qualifications 00425 Proposed Bond Provider
00430 Proposed Subcontractors
00480 Non-Collusion Affidavit
00490 Wage Theft Prevention Contractor Certification
We acknowledge that the following addenda numbers have been received and have been examined as part of the Contract Documents.
Addendum No. Date Received Initials
Attached is a bid guaranty bond as required by Paragraph 00100-15.0, BID GUARANTY.
Name of Bidder
If our bid is accepted, we agree to sign the Agreement without qualifications and to furnish the performance and payment bonds and the required evidences of insurance within 10 calendar days after receiving written Notice of Award of the Contract.
We further agree, if our bid is accepted and a Contract for performance of the work is entered into with the City, to so plan work and to prosecute it with such diligence that the work shall be completed within the time stipulated.
Las Animas Park Pickleball Courts
Project No. 26-PW-305 SECTION 00300-20
Name of Bidder
Contractor’s License No.
License Expiration Date
Contractor’s DIR Number
Signature of Bidder
Title of Signator
Bidder’s Phone Number
Bidder’s Email Address
Witness Address of Bidder
___________________________ _________________________________ Title of Witness State of Incorporation
***END OF SECTION***
Las Animas Park Pickleball Courts
Project No. 26-PW-305 SECTION 00310-21
SECTION 00310
BID SCHEDULE
PROPOSAL FOR THE CONSTRUCTION OF LAS ANIMAS PARK PICKLEBALL COURTS, PROJECT NO. 26-PW-305.
City of Gilroy
Pursuant to Section 00020, INVITATION TO BID, the undersigned hereby proposes and agrees that on award by the City of Gilroy under this Bid, and in accordance with the provisions therein stated, to execute a Contract, with necessary bonds, to furnish and install any and all labor, materials, transportation, and services for the construction of the Las Animas Park Pickleball Courts project in accordance with the Plans and Specifications therefor adopted and on file with the City of Gilroy within the time hereinafter set forth and at the prices named in this Bid as follows:
BASE BID
Item
No. Description Qty Unit
F=
Final
Pay
Unit Price Total
1 Mobilization 1 LS
2 Construction Surveying 1 LS
3 Temporary Erosion and
Sediment Controls 1 LS
4 Construction Fencing,
Gates, and Signs 1 LS
5 Clear and Grub, Including
Root Removal
31,600 SF F
6 Demolish Existing Asphalt
and Concrete
6,500 SF F
7 Relocate Existing Picnic
Table 5 EA
8 Relocate Existing
Barbeque 3 EA
9 Tree Protection 6 EA
10 Site Grading, Off Haul, and
Disposal 39,000 SF F
11 Relocate Existing Fence 160 LF F
12 Demolish Existing Storm
Drain Structure 5 EA
13 Demolish Existing Storm
Drainpipe 230 LF F
14 Storm Drain Manhole,
Frame and Cover 3 EA
15 Storm Drain Catch Basin,
Frame, and Grate 2 EA
16 Storm Drain Overflow
Structure, Frame, and
Grate
2 EA
17 10” SDR 26 PVC 149 LF F DELETED
18 12” SDR 26 PVC 170 LF F
Las Animas Park Pickleball Courts
Project No. 26-PW-305 SECTION 00310-22
Item
No. Description Qty Unit
F=
Final
Pay
Unit Price Total
19 Bioretention Facility 1 LS
20 Complete Water System 1 LS
21 Complete Lighting and
Electrical System 1 LS
22 4” Portland Cement
Concrete Sidewalk
1,749 SF F
23 6” Portland Cement
Concrete Sidewalk
5,693 SF F
24 Hot Mix Asphalt (Type A)
(Pickleball Courts) 260 TON F
25 Hot Mix Asphalt (Type A)
(Parking Lot) 19 TON F
26 Class II Aggregate Base 510 CY
27 Court Surfacing 13,600 SF F
28 Concrete Flat Curb 532 LF F
29 4' Wide Swing Gate, 8’
High (Exterior Gates) 3 EA
30 4' Wide Swing Gate, 6’
High (Interior Gates) 4 EA
31 Chain Link Fence, 8' High
(Includes Posts &
Hardware)
520 LF F
32 Chain Link Fence, 6' High
(Includes Posts &
Hardware)
130 LF F
33 Chain Link Fence, 4’ High
(Includes Posts &
Hardware)
160 LF F DELETED
34 Chain Link Fence, 3' High
(Includes Posts &
Hardware)
132 LF F
35 Pickleball Court Net, Posts,
and Anchor 6 EA
36 Custom Pickleball Court
Entry Sign 2 EA
37 Stormwater Basin Sign 5 EA DELETED
38 Complete Landscape
Improvements 1 LS
39 Landscape 90 Day
Maintenance Period 1 LS
40 Relocate Existing Electrical 90 LF
TOTAL Base Bid Items 1 thru 40 inclusive and all work incidental thereto and connected therewith $
TOTAL Base Bid in
Words:
Las Animas Park Pickleball Courts
Project No. 26-PW-305 SECTION 00310-23
BID ALTERNATE #1
Item
No. Description Qty Unit
F=
Final
Pay
Unit Price Total
41 Conventionally Reinforced
Concrete Slab 13,600 SF F
TOTAL Bid Alternate #1 Bid Item 41 inclusive and all work incidental thereto and connected therewith $
TOTAL Bid Alternate
#1 in Words:
Note: If Bid Alternate #1 is awarded, Bid Item #24 - Hot Mix Asphalt (Type A) for Pickleball Courts of the base bid, shall be eliminated.
BID ALTERNATE #2
Item
No. Description Qty Unit
F=
Final
Pay
Unit Price Total
42 Chain Link Fence, 6' High 520 SF F
TOTAL Bid Alternate #2 Bid Item 42 inclusive and all work incidental thereto and connected therewith $
TOTAL Bid Alternate
#2 in Words:
Note: If Bid Alternate #2 is awarded, Bid Item #26 – Chain Link Fence, 8’ High, of the base bid shall be eliminated and total quantity of 6’ gates will be 7 EA.
BID ALTERNATE #3
Item
No. Description Qty Unit
F=
Final
Pay
Unit Price Total
43 Covered Cabana Bench 3 EA
TOTAL Bid Alternate #3 Bid Item 43 inclusive and all work incidental thereto and connected therewith $
TOTAL Bid Alternate
#3 in Words:
BID ALTERNATE #4
Item
No. Description Qty Unit
F=
Final
Pay
Unit Price Total
44 Wind Screen 8’ High 4,230 SF F
TOTAL Bid Alternate #4 Bid Item 44 inclusive and all work incidental thereto and connected therewith $
TOTAL Bid Alternate
#4 in Words:
Las Animas Park Pickleball Courts
Project No. 26-PW-305 SECTION 00310-24
BID ALTERNATE #5
Item
No. Description Qty Unit
F=
Final
Pay
Unit Price Total
45 Wind Screen 6’ High 3,173 SF F
TOTAL Bid Alternate #5 Bid Item 45 inclusive and all work incidental thereto and connected therewith $
TOTAL Bid Alternate
#5 in Words:
The cost of all incidental work shall be included in the various bid item prices and no additional or direct payment will be made therefor.
The Bid amount of each of the above bid items must be filled in and completed. Work shown on the plans or included in the specifications, but not specifically mentioned in the above items of work, shall be included in the bid and spread uniformly throughout the above items. This includes field fitting all improvements to meet ADA requirements, including maximum slopes as shown on Standard plans (see also Section 01050 – Field Engineering).
All bid items are to be considered revokable and may be “Eliminated” by the Engineer.
The procedure for eliminated items will be as noted under Section 9-1.06D of the Standard Specifications. Changed quantity payment adjustments under Section 4-1.05 of the Standard Specifications shall not apply to revoked bid items.
Name of Bidder
***END OF SECTION***
Las Animas Park Pickleball Courts
Project No. 26-PW-305 SECTION 00410-25
SECTION 00410
BID GUARANTY BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WE, AS PRINCIPAL, AND AS SURETY,
are held and firmly bound unto the City of Gilroy in the penal sum of 10 PERCENT OF THE TOTAL AMOUNT OF THE BID of the Principal above named, submitted by said Principal to the City of Gilroy for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made to the City of Gilroy to which said bid was submitted, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents, in no case shall the liability of the surety hereunder exceed the sum of $ .
THE CONDITION OF THIS OBLIGATION IS SUCH THAT WHEREAS, the Principal has submitted the above-mentioned bid to the City of Gilroy, aforesaid, for certain construction specifically described as follows, for which bids are to be opened at City of Gilroy Council Chambers.
FOR: Las Animas Park Pickleball Courts, Project No. 26-PW-305 NOW, THEREFORE, if the aforesaid Principal is awarded the contract and, within the time and manner required under the specifications, after the prescribed forms are presented to him/her for signature enters into a written contract in the prescribed form, in accordance with the bid, and files two bonds with the City of Gilroy, one to guarantee faithful performance, and the other to guarantee payment for labor and materials as required by law, and provide certificate of insurance coverage required by the Contract Documents, then this obligation shall be null and void; otherwise, it shall be and remain in full force and virtue.
IN WITNESS WHEREOF, we have hereunto set our hands on this day of , .
_______________________________ __________________________________ Title of Signator Title of Signator
_______________________________ __________________________________ Signature of Principal Signature of Surety
Address _______________________ Address ____________________________ Note: Signatures of those executing for the surety must be properly acknowledged. ***END OF SECTION***
Las Animas Park Pickleball Courts
Project No. 26-PW-305 SECTION 00420-26
SECTION 00420
CERTIFICATION OF BIDDER’S EXPERIENCE AND QUALIFICATIONS The undersigned Bidder certifies that it is, at the time of bidding, and shall be, throughout the period of the contract, licensed under the provisions of Chapter 9, Division 3, of the Business and Professions Code of the State of California, to do the type of work contemplated in the Contract Documents. Bidder shall further certify that it is skilled and regularly engaged in the general class and type of work called for in the Contract Documents. In accordance with Public Contract Code Section 20103.5, any Bidder not so licensed shall be subject to all legal penalties imposed by law, including, but not limited to, any appropriate disciplinary action by the Contractor’s State License Board.
The Bidder represents that it is competent, knowledgeable, and has special skills on the nature, extent, and inherent conditions of the work to be performed. Bidder further acknowledges that there are certain peculiar and inherent conditions existent in the construction of the particular facilities which may create, during the construction program, unusual or peculiar unsafe conditions hazardous to persons and property. Bidder expressly acknowledges that it is aware of such peculiar risks and that it has the skill and experience to foresee and to adopt protective measures to adequately and safely perform the construction work with respect to such hazards.
The Bidder shall list below three (3) projects completed in the last two (2) years of similar size and complexity that indicate the Bidder’s experience as a Contractor.
1. Project Name:
City:
Construction Cost:
Construction Time: Calendar Days:
City’s Representative:
City’s Telephone No.:
Date of Substantial Completion:
Las Animas Park Pickleball Courts
Project No. 26-PW-305 SECTION 00420-27
2. Project Name:
City:
Construction Cost:
Construction Time: Calendar Days:
City’s Representative:
City’s Telephone No.:
Date of Substantial Completion:
3. Project Name:
City:
Construction Cost:
Construction Time: Calendar Days:
City’s Representative:
City’s Telephone No.:
Date of Substantial Completion:
Signed this day of , _____.
Name of Bidder
***END OF SECTION***
Las Animas Park Pickleball Courts
Project No. 26-PW-305 SECTION 00425-28
SECTION 00425
PROPOSED BOND PROVIDER
Company:
Address:
Phone:
Best Rating:
California Department of Insurance Approval: Yes No
***END OF SECTION***
Las Animas Park Pickleball Courts
Project No. 26-PW-305 SECTION 00430-29
SECTION 00430
PROPOSED SUBCONTRACTORS
Pursuant to California Public Contract Code, Section 4100 et. seq., the following list gives the name, business address, and portion of work (description of work to be done) for each subcontractor that will be used in the work if the bidder is awarded the Contract (additional supporting data may be attached to this page. Each page shall be sequentially numbered, and headed “Proposed Subcontractors” and shall be signed.) Business Name,
Address, and
Phone Number
California
Contractor
License #
DIR
Registration #
UEI #
(If Applicable) Description of Work Bid
Item #
Percent
of Work
Las Animas Park Pickleball Courts
Project No. 26-PW-305 SECTION 00430-30
Business Name,
Address, and
Phone Number
California
Contractor
License #
DIR
Registration #
UEI #
(If Applicable) Description of Work Bid
Item #
Percent
of Work
_____________________________________________
Name of Bidder
_____________________________________________
Signature of Bidder
***END OF SECTION***
Las Animas Park Pickleball Courts
Project No. 26-PW-305 SECTION 00480-31
SECTION 00480
NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California )
) ss.
County of )
, being first duly sworn, deposes and says that he or she is of the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, business entity, business combination, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
Signature
Name of Bidder
Subscribed and sworn before me this ____________________________ _____ day of ______________, _______. Title
____________________________________ ____________________________ Signature of Notary Public in and for Date
the County of ______________________,
State of California.
***END OF SECTION***
Las Animas Park Pickleball Courts
Project No. 26-PW-305 SECTION 00500-32
SECTION 00490
WAGE THEFT PREVENTION POLICY CONTRACTOR CERTIFICATION
It is the policy of the City that all parties contracting with the City must comply with all applicable federal, state and local wage and hour laws including but not limited to the Federal Fair Labor Standards Act (“FLSA”) and the California Labor Code. Suitable language regarding this requirement should be in all contracts.
1. Disclosure. As a part of any City solicitation for goods and/or services, including public works projects, contractor shall complete a “Bid Certification” (“Certification”) that requires each potential contractor to disclose whether the contractor has been found by a court or final administrative action of an investigatory government agency to have violated federal, state, or local wage and hour laws within the past five (5) years from the date of the submitted bid or proposal.
2. Disqualification. The City MAY disqualify a potential contractor based on the disclosed violation.
3. Contract Termination. A current contractor found by a court or by final administrative action of an investigatory government agency to have violated applicable wage and hour laws, in the five (5) years prior to or during the term of the contract with the City, may be in material breach of its contract with the City if the violation is not fully disclosed and/or satisfied per City contract requirements.
Such breach may serve as a basis for contract termination and/or any other remedies available under law, including a stipulated remediation plan.
I, _________________certify that (Business Name) _____________________ ☐ Has
☐ Has Not
been found by a court or by final administrative action of an investigatory government agency to have violated applicable wage and hour laws on more than one (1) occasion or has one (1) unpaid wage judgment.
For each disclosed violation, please provide a copy of (i) the court order and judgment and/or final administrative decision; and (ii) documents demonstrating either that the order/judgment has been satisfied, or if the order/judgment has not been fully satisfied, a written and signed description of potential contractor’s efforts to date to satisfy the order/judgment.
The completed Certification shall be submitted by the potential contractor to the City as a part of its bid or proposal.
Signature and Date:__________________________________________________ ***END OF SECTION***
Las Animas Park Pickleball Courts
Project No. 26-PW-305 SECTION 00500-33
SECTION 00500
AGREEMENT
LAS ANIMAS PARK PICKLEBALL COURTS, PROJECT NUMBER 26-PW-305 THIS AGREEMENT, made this day of , 2026,
by and between the City of Gilroy, hereinafter called the “City,” and hereinafter called the “Contractor.”
W I T N E S S E T H:
WHEREAS, the City has caused the Contract Documents to be prepared comprised of bidding and contract requirements and technical specifications and drawings for the construction of the Las Animas Park Pickleball Courts, Project No. 26- PW-305, as described therein, and
WHEREAS, the Contractor has offered to perform the proposed work in accordance with the terms of the Contract Documents.
NOW, THEREFORE, in consideration of the mutual covenants and agreements of the parties herein contained and to be performed, the City and Contractor agree as follows:
Article 1. Work.
Contractor shall complete the Work as specified or indicated in the Contract Documents.
Article 2. Contract Time.
The Work shall be completed by the Contractor in accordance with the Contract Documents within the time period required by Paragraph 00810-2.0, Time Allowed for Completion, subject to extension as expressly provided in the Contract Documents.
Article 3. Liquidated Damages.
The city and the contractor recognize that the city will suffer substantial damages and significant financial loss as a result of the contractor’s delays in performance of the work described in the contract documents. The city and the contractor hereby acknowledge and agree that the damages and financial loss sustained as a result of any such delays in performance will be extremely difficult and impractical
Las Animas Park Pickleball Courts
Project No. 26-PW-305 SECTION 00500-34
to ascertain. Therefore, the city and contractor hereby agree that in the event of such delays in performance, the city shall be entitled to compensation by way of liquidated damages (and not penalty) for the detriment resulting therefrom in accordance with paragraph 00700-6.5, liquidated damages, of the contract documents. The city and the contractor further agree that the amounts designated as liquidated damages are a reasonable estimate of the city’s damages and financial loss in the event of any such delays in performance considering all of the circumstances existing as of the date of this agreement, including the relationship of such amounts to the range of harm to the city which reasonably could be anticipated as of the date of this agreement and the expectation that proof of actual damages would be extremely difficult and impractical.
By initialing this paragraph below, the parties hereto signify their approval and consent to the terms of this article 3.
________________________________ ________________________________ City’s Initials Contractors Initials
Article 4. Contract Price.
In consideration of the Contractors performance of the Work in accordance with the Contract Documents, the City shall pay the Contract Price set forth in the Contract Documents.
Article 5. Contract Documents.
The Contract Documents which comprise the entire agreement between City and Contractor concerning the Work consist of this Agreement (Section 00500 of the Contract Documents) and the following, all of which are hereby incorporated into this Agreement by reference with the same force and effect as if set forth in full.
Invitation to Bid
Instructions to Bidders
Bid Documents
Designation of Subcontractors
Bid Guaranty Bond
Agreement
Acknowledgements
Performance Bond
Payment Bond
General Conditions
Supplementary Conditions
General Requirements
Standard Specifications (Caltrans)
Technical Specifications
Drawings
Addenda, if any
Executed Change Orders, if any
Maintenance Bond
Notice of Award
Notice to Proceed
Article 6. Miscellaneous.
Capitalized terms used in this Agreement which are defined in Section 01090,
Las Animas Park Pickleball Courts
Project No. 26-PW-305 SECTION 00500-35
References, of the Contract Documents will have the meanings set forth in Section 01090, References.
Contractor shall not assign any rights, obligations, duties or responsibilities under or interest in the Contract Documents without the prior written consent of the City, which consent may be withheld by the City in its sole discretion. No assignment by the Contractor of any rights, obligations, duties or responsibilities under or interests in the Contract Documents will be binding on the City without the prior written consent of the City (which consent may be withheld in City’s sole discretion); and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, executed by the City, no assignment will release or discharge the assignor from any liability, duty, obligation, or responsibility under the Contract Documents.
Subject to the foregoing, the Contract Documents shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. Nothing contained in the Contract Documents shall in any way constitute a personal obligation of or impose any personal liability on any employees, officers, directors, agents or representatives of the City or its successor and assigns.
In accordance with California Business and Professions Code Section 7030, the Contractor is required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against Contractors if a complaint regarding a latent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning the Contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826.
Las Animas Park Pickleball Courts
Project No. 26-PW-305 SECTION 00500-36
IN WITNESS WHEREOF, this agreement has been executed on this day of , .
Name of Contractor Signature of City
Signature of Contractor Title of Signator
Title of Signator
ATTEST: ATTEST:
Signature Signature
Title of Signator Title of Signator
***END OF SECTION***
Las Animas Park Pickleball Courts
Project No. 26-PW-305 SECTION 00610-37
SECTION 00610
FAITHFUL PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS, THAT, WHEREAS, City of Gilroy, hereinafter designated the “City,” has, on , , awarded to, hereinafter designated as the “Principal,” a Contract
for the construction of the Las Animas Park Pickleball Courts project, and WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract:
NOW, THEREFORE, WE, the Principal, and, as Surety, are held and firmly bound unto the City the penal sum of
dollars ($ ) lawful money
of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal, it or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and faithfully perform the covenants, conditions, and agreements in the said contract and any alterations made as therein provided, on it or their part to be kept and performed, at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless, the City, its officers and agents as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue.
It is acknowledged that the Contract provides for a one-year warranty period, during which time this bond remains in full force and effect.
And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.
IN WITNESS WHEREOF, the above bounden parties have executed this instrument under their seals this day of , , the name and corporate seal of each corporate party being hereto affixed and these presents duly
Las Animas Park Pickleball Courts
Project No. 26-PW-305 SECTION 00610-38
signed by its undersigned representative, pursuant to authority of its governing body. ____________________________
Principal
(Seal)
Signature for Principal
Title of Signator
Surety
(Seal)
Signature for Surety
Title of Signator
***END OF SECTION***
Las Animas Park Pickleball Courts
Project No. 26-PW-305 SECTION 00620-39
SECTION 00620
PAYMENT BOND
KNOW ALL PERSONS BY THESE PRESENTS, THAT, WHEREAS, City of Gilroy , hereinafter designated as the “City,” has, on , , awarded to , hereinafter designated as the “Principal,” a Contract for the construction of the Las Animas Park Pickleball Courts project and WHEREAS, said Principal is required to furnish a bond in connection and with said Contract, providing that if said Principal, or any of it or its subcontractors shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety of this bond will pay the same to the extent hereinafter set forth:
NOW, THEREFORE, we, the Principal, and, as Surety, are held and firmly bound unto the City the penal sum of
Dollars ($ ) lawful
money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors jointly and severally, firmly by these presents.
The Payment Bond for which this Section provides shall secure the payment of those persons or entities to whom the Principal, its Subcontractors or its heirs, executors, administrators, successors, or assigns, shall be become legally indebted for labor, materials, tools, equipment or services of any kind used or employed by the bidder in performing the work, or taxes or amounts to be withheld thereon. The Surety or Sureties will pay the following amounts should the Principal or a Subcontractor fail to pay the same, plus reasonable attorneys’ fees to be fixed by the court if suit is brought upon the bond: (1) amounts due to any of the persons named in California Civil Code Section 3181; (2) amounts due under the Unemployment Insurance Code with respect to work contracted to be done or any work or labor thereon of any kind; and (3) any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to the work and labor. This Payment Bond shall inure to the benefit of any of the persons named in Civil Code Section 3181 so as to give a right of action to those persons or their assigns in any suit brought upon this bond.
And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition of the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations of this bond, and it does hereby waive notice of any change, extension of time, alteration, or addition to the terms of the contract or to the work or to
Las Animas Park Pickleball Courts
Project No. 26-PW-305 SECTION 00620-40
the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.
IN WITNESS WHEREOF, the above bounded parties have executed this instrument under their seals this day of , , the name
and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. ___________________________________
Principal
(Seal) Signature for Principal Title
Surety
(Seal)
Signature for Surety Title
***END OF SECTION***
Las Animas Park Pickleball Courts
Project No. 26-PW-305 SECTION 00630-41
SECTION 00630
CERTIFICATE OF INSURANCE
Return Completed
Certificate to
City of Gilroy (Agency)
This certifies to the Agency that the following described policies have been issued to the Insured named below and are in force at this time.
Insured
Address
Description of operations/locations/products insured (show contract name and/or number, if any):
POLICIES AND INSURERS Bodily LIMITS Property
Injury Damage
POLICY
NUMBER
EXPIRATION
DATE
Workers’ Compensation
(Name of Insurer)
(Best’s Rating)
Employers Liability
$
Check policy type:
COMPREHENSIVE
GENERAL
LIABILITY , or
COMMERCIAL GENERAL
LIABILITY .
(Name of Insurer)
(Best’s Rating)
“Claims Made” Occurrence
Each Each
Occurrence Occurrence
$ $
Aggregate Aggregate
$ $
or Combined Single Limit
$
Aggregate $
BUSINESS AUTO POLICY
Liability Coverage
Symbol
Each Person Each Accident
$ $ $
Each Accident
$
or, Combined Single Limit $
UMBRELLA LIABILITY
(Name of Insurer)
(Best’s Rating)
“Claims Made” Occurrence
Occurrence/Aggregate $
Self-Insured Retention
$
Las Animas Park Pickleball Courts
Project No. 26-PW-305 SECTION 00630-42
The following coverage or conditions are in effect: Yes No The Agency, its officials, and employees are named on all liability policies described above as insureds as respects: (a) activities performed for the Agency by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, and (c) premises owned, leased or used by the Named Insured.
Products and Completed Operations
The undersigned will mail to the Agency 30 days written notice of cancellation or reduction of coverage or limits
Cross Liability Clause (or equivalent wording)
Personal Injury, Perils A, B and C
Broad Form Property Damage
X, C, U& Hazards included
Contractual Liability Coverage applying to this Contract Liquor Liability
Coverage afforded the Agency, its officials, employees and volunteers as Insureds applies as primary and not excess or contributing to any insurance issued in the name of the Agency
Waiver of subrogation from Workers’ Compensation Insurer This certificate is issued as a matter of information. This certificate is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies.
Agency or Brokerage Insurance Company
Address Home Office
Name of Person to be Contacted Authorized Signature Date
Telephone No.
Note: Authorized signatures may be the agent’s if the agent has placed insurance through an agency agreement with the insurer. If insurance is brokered, authorized signature must be that of official of insurer.
Las Animas Park Pickleball Courts
Project No. 26-PW-305 SECTION 00630-43
City of Gilroy (“the Agency”) GENERAL LIABILITY ENDORSEMENT 7351 Rosanna Street
Gilroy, CA 95020
Attn: Risk Manager
A. POLICY INFORMATION Endorsement No.
1. Insurance Company Policy No.
2. Policy Term (from) (to)
3. Named Insured
4. Address of Named Insured
5. Limit of Liability Any One Incident/Aggregate $
6. Deductible or Self-Insured Retention:
(Nil unless otherwise specified): $
7. Coverage is equivalent:
Comprehensive General Liability form GL0002 (Ed 1/73)
Comprehensive General Liability “occurrence” form CG0001 Comprehensive General Liability “claims-made” form CG0002 .......................................................
8. Bodily Injury and Property Damage Coverage is: “claims-made” - “occurrence” if claims-made, the retroactive date is .
NOTE: The Agency’s standard insurance requirements specify “occurrence” coverage. “Claims-made” coverage requires special approval.
B. POLICY AMENDMENTS
This endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as follows:
1. INSURED. The Agency, its elected and appointed officers, officials, employees and volunteers are included as insureds with regards to damages and defense of claims arising from: (a) activities performed by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, or (c) premises owned, leased or used by the Named Insured.
2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the Named Insured for or on behalf of the Agency; or (b) products sold by the Named Insured to the Agency; or (c) premises leased by the Named Insured from the Agency, the insurance afforded by this policy shall be primary insurance as respects the Agency, its elected or appointed officers, officials, employees or volunteers; or stand in an unbroken chain of coverage excess of the Named Insured’s scheduled underlying primary coverage. In either event, any other insurance maintained by the Agency, its elected or appointed officers, officials, employees and volunteers shall be in excess of this insurance and shall not contribute with it.
3. SCOPE OF COVERAGE. This coverage, if primary, affords coverage at least as broad as:
(1) Insurance Services Office form number GL 002 (Ed. 1/73), Comprehensive General Liability Insurance and Insurance Services Office form number GL 0404 Broad Form comprehensive General Liability endorsement: or
(2) Insurance Services Office Commercial General Liability Coverage, “occurrence” form CG 0001 or “claims-made” form CG 0002; or
Las Animas Park Pickleball Courts
Project No. 26-PW-305 SECTION 00630-44
(3) If excess, affords coverage which is at least as broad as the primary insurance forms referenced in the preceding sections (1) and (2).
3. SEVERABILITY OF INTEREST. The insurance afforded by this policy applies separately to each insured who is seeking coverage or against whom a claim is made or a suit is brought, except with respects to the Company’s limit of liability.
4. PROVISIONS REGARDING THE INSURED’S DUTIES AFTER ACCIDENT OR LOSS. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the Agency, its elected or appointed officers, officials, employees or volunteers.
5. CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail return receipt requested has been given to the Agency. Such notice shall be addressed as shown in the heading of this endorsement.
C. INCIDENT AND CLAIM REPORTING PROCEDURE
Incidents and claims are to be reported to the insurer at:
ATTN:
(Title) (Department)
(Company)
(Address)
(Telephone)
D. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER
I, (print/type name), warrant that I have authority to bind the below listed insurance company and by my signature hereon do so bind this company.
SIGNATURE OF AUTHORIZED REPRESENTATIVE
(original signature required on endorsement furnished to the Agency)
ORGANIZATION TITLE
ADDRESS TELEPHONE
Las Animas Park Pickleball Courts
Project No. 26-PW-305 SECTION 00630-45
WORKER’S COMPENSATION/EMPLOYERS LIABILITY ENDORSEMENT
The City of Gilroy (“the Agency”)
7351 Rosanna Street
Gilroy, CA 95020
Attn: Risk Manager
A. POLICY INFORMATION Endorsement #
1. Insurance Company (“the Company”)
Policy Number
2. Effective Date of This Endorsement
3. Named Insured
4. Employer’s Liability Limit (Coverage B)
B. POLICY AMENDMENTS
In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as follows:
1. Cancellation Notice. The insurance afforded by this policy shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail return receipt requested has been given to the Agency. Such notice shall be addressed as shown in the heading of this endorsement.
2. Waiver of Subrogation. The Insurance Company agrees to waive all rights of subrogation against the Agency, its elected or appointed officers, officials, agents and employees for losses paid under the terms of this policy which arise from work performed by the Named Insured for the Agency.
C. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER I, (print/type name), warrant that I have authority to bind the below listed insurance company and by my signature hereon do so bind this company.
SIGNATURE OF AUTHORIZED REPRESENTATIVE
(original signature required on endorsement furnished to the Agency)
ORGANIZATION TITLE
ADDRESS TELEPHONE
Las Animas Park Pickleball Courts
Project No. 26-PW-305 SECTION 00650-46
SECTION 00650
WORKERS’ COMPENSATION INSURANCE CERTIFICATE
In accordance with California Labor Code Section 1861, prior to commencement of work on the Contract, the Contractor shall sign and file with the City the following certification:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
Signature
Name of Contractor
Title
Date
***END OF SECTION***
Las Animas Park Pickleball Courts
Project No. 26-PW-305 SECTION 00670-47
SECTION 00670
NOTICE OF NONDISCRIMINATION IN EMPLOYMENT
The undersigned contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, marital status or national origin.
The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, age, marital status or national origin. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, or transfer, recruitment advertising; layoff or termination; rates of pay, or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment notice to be provided by the municipality setting forth the provisions of this nondiscrimination clause.
Date Licensed General Contractor
Company License #
***POST IN CONSPICUOUS PLACE OF EMPLOYMENT***
***END OF SECTION***
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SECTION 00700
GENERAL CONDITIONS
1. GENERAL
1.1 INTENT OF CONTRACT DOCUMENTS
The intent of the Plans and Specifications is to describe the details for the construction and completion of the Work which the Contractor undertakes to perform in accordance with the terms of the Contract. Plans and Specifications are divided into groups for the convenience of the City, Design Consultant, and Construction Manager. These divisions are not for the purpose of apportioning work or responsibility for work among subcontractors, suppliers, and manufacturers.
Where the Plans or Specifications describe portions of the Work in general terms but not in complete detail, it is understood that only the best general practice is to prevail and that only materials and workmanship of the first quality are to be used.
Unless otherwise specified, the Contractor shall furnish tools, equipment, and incidentals, and do all the work involved in executing the Contract in a satisfactory and workmanlike manner.
Unless specifically noted otherwise, all sections of the Specifications and the Plans shall be complementary and applicable to each other.
In the event the materials and/or equipment are to be furnished by the City, as designated in the General Requirements or as agreed on, this shall not relieve the Contractor of the above requirements to furnish all other labor, materials, and equipment to complete the Contract.
Words and abbreviations which have well known technical or trade meaning are used in the Contract Documents in accordance with such recognized meanings.
For the definition of terms and abbreviations used in these Contract Documents see Section 01090, REFERENCES.
1.2 DISCREPANCIES AND OMISSIONS
Any discrepancies or omissions found in the Contract Documents shall be reported to the Construction Manager immediately. The Construction Manager will clarify discrepancies or omissions, in writing, within a reasonable time.
In resolving inconsistencies among two or more sections of the Contract Documents, precedence shall be given in the following order:
1. Contract
a. Agreement
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b. Permits
c. Change Orders
2. General Requirements – Section 01010
3. Supplementary Conditions – Section 00800
4. Instructions to Bidders – Section 00100
5. General Conditions – Section 00700
6. Project Plans
7. Technical Specifications
8. Reference Specifications
9. Reference Standard Plans
With reference to the Project Plans, the order of precedence is as follows:
1. Figures govern over scaled dimensions.
2. Detail drawings govern over general drawings.
3. Addenda/Change Order drawings govern over standard drawings.
4. Contract drawings govern over standard drawings.
5. Large-scale drawings govern over small-scale drawings.
1.3 HEADINGS
Headings to parts, divisions, sections, articles, paragraphs, subparagraphs, and forms are inserted for convenience of reference only and shall not affect the interpretation of the Contract Documents.
1.4 PENALTY FOR COLLUSION
If, at any time, it is found that the person, firm, or corporation to whom the Contract has been awarded has, in presenting any bid or bids, colluded with any other party or parties, then the Contract shall be null and void, and the Contractor and its sureties shall be liable for loss or damage which the City may suffer thereby, and the City may advertise for new bids for said Work.
1.5 SUCCESSORS AND ASSIGNS
The City and the Contractor, respectively, bind themselves, their partners, successors, assigns, and legal representatives to the other party hereto and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants, agreements, and obligation contained in the Contract Documents. Neither party to the Contract shall assign the Contract or sublet it as a whole without the written consent of the other.
1.6 ASSIGNMENT TO CITY
Pursuant to Public Contract Code 7103.5, in entering into the Contract and all subcontracts, to supply goods, services, or materials pursuant to the Contract, the
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Contractor and its subcontractors offer and agree to assign to the City 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 and subcontracts. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor, without further acknowledgment by the parties.
1.7 RIGHTS AND REMEDIES
The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to, and not a limitation of, any duties, obligations, rights, and remedies otherwise imposed or available by law.
No action or failure to act by the City, the Design Consultant, or the Construction Manager shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing.
2. ADMINISTRATION
2.1 ADMINISTRATION OF THE CONTRACT
The City’s Representatives, the Construction Manager, and the Design Consultant will provide administration of the Contract as hereinafter discussed.
The duties, responsibilities and limitations of authority of the Design Consultant and the Construction Manager as the representatives of the City during the construction, as set forth in the Contract Documents, will not be modified or extended without written consent of the City.
In case of the termination of the employment of the Design Consultant or the Construction Manager, the City shall appoint a Design Consultant or a Construction Manager whose status under the Contract Documents shall be that of the former Design Consultant or Construction Manager, respectively.
2.2 CITY’S REPRESENTATIVE
2.2.1 General - The City’s Representative has the authority to act on behalf of the City on change orders, progress payments, Contract decisions, acceptability of the Contractor’s work, and early possession.
2.2.2 Change Orders - The City’s Representative has the authority to accept or
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reject change orders and cost proposals submitted by the Contractor or as recommended by the Construction Manager.
2.2.3 Progress Payments - The City’s Representative has the authority to accept or reject requests for progress payments which have been submitted by the Contractor and recommended by the Construction Manager.
2.2.4 Contract Decisions - Should the Contractor disagree with the Construction Manager’s decision with respect to the Contract, the Contractor may appeal to the City’s Representative in accordance with the provisions of the Contract
2.2.5 Acceptability of Work - The City’s Representative has the authority to make the final determination of the acceptability of the Work. The City’s Representative also has the authority to accept or reject the Design Consultant’s recommendations regarding retention of defective work as provided.
2.3 CONSTRUCTION MANAGER
2.3.1 General - The Construction Manager is a representative of the City employed to act as advisor and consultant to the City in construction matters related to the Contract.
All instructions to the Contractor and all communications from the Contractor to the City or the Design Consultant shall be forwarded through the Construction Manager. The Construction Manager will have authority to act on behalf of the City only to the extent provided in the Contract Documents. The City has delegated its authority to the Construction Manager to make initial decisions regarding questions which may arise as to the quality or acceptability of materials furnished and work performed, and as to the manner of performance and rate of progress of the work under the Contract. The Construction Manager shall interpret the intent and meaning of the Contract and shall make initial decisions with respect to the Contractor’s fulfillment of the Contract and the Contractor’s entitlement to compensation. The Contractor shall look initially to the Construction Manager in matters relating to the Contract.
The Construction Manager’s authority to act under Paragraph 00700-2.1, Administration of the Contract, and any decision made by it in good faith either to exercise or not to exercise such authority shall not give rise to any duty or responsibility of the City or Construction Manager to the Contractor, any subcontractor, any of their agents or employees, or any other person performing any of the Work.
2.3.2 Representative - The Construction Manager will be represented at the Site by a resident construction manager or resident engineer who will
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observe the progress, quality, and quantity of the Work to determine, in general, if the Work is proceeding in accordance with the intent of the Contract Documents. The Construction Manager shall not be responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the Work.
In accordance with the provisions detailed elsewhere in these General Conditions, the Construction Manager will make decisions relative to all matters of interpretation or execution of the Contract Documents.
2.3.3 Inspection of Construction - The Construction Manager shall have the authority to reject work and materials which do not conform to the Contract Documents, and to require special inspection or testing.
In addition to the resident construction manager or resident engineer, the Construction Manager may employ one or more inspectors to observe the Work and to act in matters of construction under this Contract. An inspector is not authorized to revoke, alter, or waive any requirements of the Specifications. The inspector is authorized to call the attention of the Contractor to any failure of the Work, materials or workmanship to conform to the Contract Documents. The inspector shall have the authority to reject materials or, in any emergency, suspend the Work. The Contractor may appeal any such issue which it disagrees with to the Construction Manager for decision.
2.3.4 Acceptability of the Work - The Construction Manager has the authority to make a recommendation as to the acceptability of the Work.
2.3.5 Change Orders - The Construction Manager has the authority to initiate change orders; to reject change orders proposed by the Contractor or Design Consultant; to negotiate and recommend acceptance of change orders; or to order minor changes in the Work at no cost to the City.
2.3.6 Construction Schedule - The Construction Manager has the authority to review and recommend acceptance of the progress schedule submitted by the Contractor at the start of the Work and subsequent significant revisions for conformance to the specified sequence of work and logic.
2.3.7 Progress Payments - The Construction Manager has the authority to recommend acceptance or rejection of requests for progress payments which have been submitted by the Contractor.
2.3.8 Final Payment - The Construction Manager, with the assistance of the Design Consultant will conduct inspections to determine the dates of substantial completion of the Work and final completion of the Work, and will receive and forward to the City, for the City’s review, written warranties,
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and related documents required by the Contract and assembled by the Contractor.
2.3.9 Early Possession - The Construction Manager has the authority to recommend early possession.
2.4 DESIGN CONSULTANT
2.4.1 General - The Design Consultant will have the authority to act on behalf of the City only to the extent provided in the Contract Documents.
2.4.2 Interpretations - The Design Consultant has the authority to be the initial interpreter of the technical requirements of the Contract Documents. Either party to the Contract may make written request to the Construction Manager for interpretations necessary for the proper execution or progress of the Work. The Construction Manager shall refer such written requests to the Design Consultant, who will render such interpretations. Where the Contractor has requested an interpretation from the Construction Manager, or been notified by the Construction Manager that such interpretation has been requested by the City, any work done before receipt of such interpretations, if not in accordance with same, shall be removed and replaced or adjusted as directed by the Construction Manager without additional expense to City.
2.4.3 Acceptability of the Work - The Design Consultant has the authority to make a recommendation as to the acceptability of the Work. The Design Consultant has the authority to recommend acceptance regarding the retention of defective work.
2.4.4 Site Observations - The Design Consultant may visit the Site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the Work and to determine in general if the Work is proceeding in accordance with the Contract Documents. However, the Design Consultant will not be required to make extensive or continuous on-site inspections to check the quality or quantity of the Work.
2.4.5 Submittal - The Contractor shall submit, through the Construction Manager, all shop drawings, product data and samples for review in accordance with Section 01340, SHOP DRAWINGS, PRODUCT DATA AND SAMPLES.
The Design Consultant has the authority to review and take other appropriate action upon the Contractor’s submittals such as shop drawings, product data and samples, but only for conformance with the design concept of the Work and the information given in the Contract Documents.
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3. CITY
3.1 GENERAL
The City, acting through the City’s Representative or the Construction Manager, shall have the authority to act as the sole judge of the Work and materials with respect to both quantity and quality as set forth in the Contract.
3.2 ATTENTION TO WORK
The City shall notify the Contractor in writing of the name of the individual designated as the City’s Representative and the name of the individual designated by the Construction Manager to act as resident construction manager or resident engineer. The Construction Manager’s designated representative normally will be at the Site of the Work. During the representative’s absences, the Contractor may contact a previously designated representative of the Construction Manager.
3.3 INSPECTION
In addition to the resident construction manager or resident manager or resident engineer, the City may employ one or more inspectors to observe the Work and to act in matters of construction under this Contract. An inspector is not authorized to revoke, alter, or waive any requirements of the specifications. The inspector is authorized to call the attention of the Contractor to any failure of the Work or materials to conform to the Contract Documents. The inspector shall have the authority to reject material or, in any emergency, suspend the Work. The Contractor may appeal any such issue which it disagrees with to the Construction Manager for its decision.
Separate and independent from the inspection above, the project may be inspected by Building Officials for code compliance. Such inspectors shall have the authority provided to them by local jurisdiction.
3.4 CITY’S RIGHT TO CARRY OUT THE WORK
If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents, and fails within 48 hours after receipt of written notice from the City to commence and continue correction of such default or neglect with diligence and promptness, the City may, after 48 hours following receipt by the Contractor of an additional written notice and without prejudice to any other remedy make good such deficiencies.
The City also reserves the right to perform any portion of the work due to an emergency threatening the safety of the Work, public, City, and any property or
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equipment. In either case an appropriate Change Order shall be issued unilaterally deducting from the payments then or thereafter due the Contractor all direct, indirect and consequential costs and damages of correcting such deficiencies and/or for performing such work, including without limitation compensation for the Design Consultant’s, the Construction Manager’s, and City’s additional services made necessary by such default, neglect, failure or emergency.
3.5 CITY’S RIGHT TO USE OR OCCUPY
The City reserves the right, prior to Substantial Completion, to occupy, or use, any completed part or parts of the Work, providing these areas have been approved for occupancy by the City. The exercise of this right shall in no way constitute an acceptance of such parts, or any part of the Work, nor shall it in any way affect the dates and times when progress payments shall become due from the City to the Contractor or in any way prejudice the City’s rights in the Contract, or any bonds guaranteeing the same. The Contract shall be deemed completed only when all the Work contracted has been duly and properly performed and accepted by the City.
Prior to such occupancy or use, the City and Contractor shall agree in writing regarding the responsibilities assigned to each of them for payments, security, maintenance, heat, utilities, damage to the Work, insurance, the period for correction of the Work, and the commencement of warranties required by the Contract Documents.
In exercising the right to occupy or use completed parts of the Work prior to the Substantial Completion thereof, the City shall not make any use which will materially increase the cost to the Contractor, without increasing the Contract Amount, nor materially delay the completion of the Contract, without extending the time for completion.
The part or parts of the Work, if any, which the City anticipates the use or occupancy of prior to Substantial Completion are noted in Paragraph 01010-3.0, OCCUPANCY REQUIREMENTS. Failure to include a part of the Work in the above section, shall not limit the City’s right to use or occupy parts of the Work not listed.
3.6 CITY’S RIGHT TO PERFORM WORK AND TO AWARD SEPARATE CONTRACTS The City reserves the right to perform the work related to the Project with the City’s own forces, and to award separate Contracts in connection with the Project or other work on the Site under these or similar Conditions of the Contract. If the Contractor claims that delay, damage, or additional cost is involved because of
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such action by the City, the Contractor shall make such claim as provided elsewhere in the Contract Documents. When separate Contracts are awarded for different portions of the Project or other work on the Site, the term “Contractor” in the Contract Documents in each case shall mean the Contractor who executes each separate Agreement.
The City will provide for the coordination of the work of the City’s own forces and of each separate Contractor with the Work of the Contractor, who shall cooperate therewith as provided in Paragraph 00700-4.8.3, Cooperation.
4. CONTRACTOR
4.1 OFFICE
If provided, the Contractor’s office at the Project Site is hereby designated as the legal address of the Contractor for the receipt of documents, samples, notices, letters, and other articles of communication.
CONTRACTOR’S REPRESENTATIVE
The Contractor shall notify the City in writing of the name of the person who will act as the Contractor’s representative and shall have the authority to act in matters relating to this Contract. The Contractor, acting through its representative, shall give personal attention to, and shall manage the Work, so that it shall be prosecuted faithfully. The Contractor’s representative shall be an employee of the Contractor. Upon written request of the Contractor, the City may waive this requirement. The City’s waiver, if granted, will be in writing. There is no obligation by the City to waive this provision regardless of the effect on the Contractor’s operations.
At all times during the progress of the Work, the Contractor’s representative shall be personally present at the Project site, or a designated alternate shall be at the Project site who has the authority to act in matters relating to the Contract. The Contractor’s representative or designated alternate shall have the authority to carry out the provisions of the Contract and to supply materials, equipment, tools, and labor without delay for the performance of the Work. If neither the Contractor’s representative or a designated alternate is at the Project site, the City acting through the Construction Manager shall have the authority as provided in Paragraph 00700-6.6, Temporary Suspension of Work, to suspend the work until such a representative is at the Project site.
Before initial work is begun on the Contract, the Contractor shall file with the Construction Manager, addresses and telephone numbers where the Contractor’s and all subcontractors’ representatives can be reached during all hours, including nights and weekends when work is not in progress.
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4.3 CONSTRUCTION PROCEDURES
The Contractor will supervise and direct the work. The Contractor has the authority to determine the means, methods, techniques, sequences, and procedures of construction, except in those instances where the City, to define the quality of an item of work, specifies in the Contract, a means, method, technique, sequence, or procedure for construction of that item of Work.
4.4 CONTRACTOR’S EMPLOYEES
The Contractor shall be responsible for the adequacy, efficiency, and sufficiency of its employees. Workers shall have sufficient knowledge, skill, and experience to perform properly the work assigned to them.
The Contractor shall employ only competent, skillful workers to perform the Work.
If any subcontractor or person employed by the Contractor or its subcontractors, appear to the Construction Manager to be incompetent or act in a disorderly or improper manner, such person or subcontractor shall be discharged from the site immediately by the Contractor upon written direction of the Construction Manager, and such person shall not again be employed on the Project.
The Contractor is reminded that he is an integral part of a city service. All public contact shall be courteous, congenial, and informational only. Discourtesy cannot be tolerated.
4.5 SUBCONTRACTORS
Subcontractors will not be recognized as having a direct relationship with the City.
The persons engaged in the Work, including employees of subcontractors and suppliers, will be considered employees of the Contractor. The Contractor will be responsible for their work and their work shall be subject to the provisions of the Contract. The Contractor is as fully responsible to the City for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by them as the Contractor is for the acts and omissions of persons directly employed by the Contractor. Nothing contained in the Contract Documents shall create any contractual relation between any subcontractor and the City. References in the Contract Document to actions required of subcontractors, manufacturers, suppliers, or any party other than the Contractor, the City, the Construction Manager, or the Design Consultant shall be interpreted as requiring that the Contractor shall require such subcontractor, manufacturer, supplier, utility company, or party to perform the specified action, unless the Contract Documents specifically state that the Work is not included in the Contract.
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The Contractor shall not employ any subcontractors that are not properly licensed in accordance with State law. Prior to commencement of any work by a subcontractor, the Contractor shall submit verification to the Construction Manager that the subcontractor is properly licensed for the work it will perform.
Changes to subcontractors listed in the Bid in accordance with Public Contract Code 4100 et. seq., shall be made only with the approval of the City.
4.6 CONTRACTOR’S EQUIPMENT AND FACILITIES
The Contractor shall furnish and maintain in good condition all equipment and facilities as required for the proper execution and inspection of the Work. Such equipment and facilities shall meet all requirements of applicable ordinances and laws.
4.7 PUBLIC SAFETY AND CONVENIENCE
The Contractor shall conduct its work so as to insure the least possible obstruction to traffic and inconvenience to the general public and the residents in the vicinity of the Work and to insure the protection of persons and property at no extra cost to the City. The Contractor shall have under construction no greater length or amount of work than it can prosecute properly with due regard to the rights of the public.
4.8 CITY-CONTRACTOR COORDINATION
4.8.1 Service of Notice - Notice, order, direction, request, or other communication given by the Construction Manager or City to the Contractor shall be deemed to be well and sufficiently given to the Contractor if delivered to the Contractor’s Representative designated in Paragraph 00700-4.2, Contractor’s Representative, to the Contractor’s office designated in Paragraph 00700-4.1, Office, or to the Contractor’s address provided in the Bid Proposal.
4.8.2 Suggestions to Contractor - Plans or methods of work suggested by the City, the Construction Manager, or the Design Consultant to the Contractor, but not specified or required, if adopted or followed by the Contractor in whole or in part, shall be used at the risk and responsibility of the Contractor.
The City, and Construction Manager, or the Design Consultant assume no responsibility therefor, and in no way will be held liable for any defects in the Work which may result from or be caused by use of such plan or method of work.
4.8.3 Cooperation - The Contractor shall afford the City, the Construction Manager and separate contractors reasonable opportunity for the introduction and storage of their materials and equipment and the execution
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of their work, and shall connect and coordinate the Work with theirs as required by the Contract Documents.
If any part of the Contractor’s Work depends for proper execution or results upon the work of the City or any separate contractor, the Contractor shall, prior to proceeding with the Work, promptly report to the Construction Manager any apparent discrepancies or defects in such other work that render it unsuitable for such proper execution and results. Failure of the Contractor to so report shall constitute an acceptance of the City’s or separate contractor’s work as fit and proper to receive the Work, except as to latent defects which subsequently become apparent in such work by others.
If requested by the Contractor, the City shall arrange meetings with other contractors performing work on behalf of the City to plan coordination of construction activities. The City shall keep the Contractor informed of the planned activities of other contractors.
Differences and conflicts arising between the Contractor and other contractors employed by the City or between the Contractor and the workers of the City with regard to their work, shall be submitted to the City for its decision in the matter. If such separate contractor sues the City on account of any delay or damage alleged to have been caused by the Contractor, the City shall notify the Contractor who shall, at the City’s election, defend such proceedings at the Contractor’s expense.
If any judgment or award against the City arises from any such litigation whether defended by City or by Contractor, the Contractor shall pay or satisfy said judgment or award and shall reimburse the City for all attorney’s fees and court costs which the City has incurred or for which it is liable.
4.9 CONTRACTOR’S RESPONSIBILITY FOR THE WORK AND MATERIALS Until acceptance of the Work, the Contractor shall have the charge and care of the Work and of the materials to be used therein and shall bear the risk of injury, loss, or damage, to any part thereof (regardless of whether partial payments have been made on such damaged portions of the Work) by the action of the elements or from any other cause, whether or not arising from the non-execution of the Work. The Contractor shall rebuild, repair, restore, and make good all injuries, losses, or damages to any portion of the Work or the materials occasioned by any cause before its completion and acceptance and shall bear the expense thereof, except for such injuries, losses, or damages as are directly and approximately caused by acts of the City.
4.10 LAWS TO BE OBSERVED
The Contractor shall keep fully informed of all existing and future County, State,
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and National laws and regulations and all municipal ordinances and regulations of the City which in any manner affect those engaged or employed in the Work and of all such orders and decrees of bodies having any jurisdiction or authority over the same; and shall protect and indemnify the City and all of its officers, agents, and servants against any claim or liability arising from or based on the violation of any such laws, ordinances, regulations, orders, or decrees whether by the Contractor or its employees. If any discrepancy or inconsistency is discovered in the plans, drawings, specifications or Contract for the Work in relation to any such law, ordinance, regulations, order or decree, the Contractor shall immediately report the same to the Construction Manager in writing.
4.10.1 Prevailing Wage - In accordance with Section 1770 of the Labor Code, the City has ascertained and does hereby specify that the prevailing wage rates shall be those provided by the California Division of Labor Statistics & Research. The said rates shall include all employer payments that are required by Section 1773.1 of the Labor Code. It shall be the duty of the Contractor to post a copy of such prevailing wages at the job site. Prevailing wage information may be obtained at www.dir.ca.gov.
For each worker paid less than the stipulated rate in the execution of the Contract by the Contractor, or any subcontractor under the Contractor, in violation of the provisions of the Labor Code, and in particular, Section 1770 to Section 1780, inclusive, the Contractor shall be subject to the provisions and penalties of Section 1775 of the Labor Code. In addition to said penalty, and pursuant to said Section 1775, the difference between such stipulated prevailing wage rates and the amounts paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the stipulated prevailing rate shall be paid to each worker by the Contractor. The wage rates set forth are the minimum that may be paid by the Contractor. Nothing herein contained shall be construed as preventing the Contractor from paying more than the minimum set forth.
No extra compensation whatever shall be allowed by the City due to the inability of the Contractor to hire labor at the minimum rate nor for any necessity for payment by the Contractor for subsistence, travel time, overtime, or other added compensation, all of which possibilities are elements to be considered and ascertained to the Contractor’s own satisfaction in preparing the bid.
If it becomes necessary to employ a craft other than those listed, the Contractor shall notify the City immediately and the City will obtain the additional prevailing rate from the Director of the Department of
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Industrial Relations and the rate thus determined shall be applicable as a minimum at the time of initial employment.
The Contractor shall pay travel and subsistence payments to workers needed to execute the work as such travel and subsistence payments are defined in the applicable collective bargaining agreement filed with the Department of Industrial Relations pursuant to Labor Code Section 1773.8.
4.10.2 Certified Payrolls - In accordance with Section 1776 of the Labor Code, each Contractor and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time, and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the project.
The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis:
a. A certified copy of an employee’s payroll record shall be made available for inspection or furnished to the employee or his or her authorized representative on request.
b. A certified copy of all payroll records shall be made available for inspection or furnished upon request to a representative of the City, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations. c. A certified copy of all payroll records shall be made available upon request by the public in accordance with Section 1776 of the Labor Code.
The Contractor is responsible for its and its subcontractors compliance with the provisions of Section 1776 of the Labor Code.
4.10.3 Overtime Requirements - The Contractor shall forfeit, as a penalty to the City, the penalty as provided in Section 1813 of the Labor Code for each worker employed in the execution of the Contract by the Contractor, or any subcontractor under the Contractor, for each day during which such worker is required or permitted to work more than eight (8) hours in any one day and forty (40) hours in any one week, in violation of the provisions of the Labor Code, and in particular, Section 1810 to Section 1815 thereof, inclusive, except that work performed by employees of Contractors in excess of eight (8) hours a day and forty (40) hours during one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day, at not less than
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one and a half (1.5x) times the basic rate of pay as provided for in Section 1815 of the Labor Code.
4.10.4 Apprentice and Trainee - Attention is directed to the provisions in Section 1777.5 of the Labor Code and in accordance with the regulations of the California Apprenticeship Council concerning the employment of apprentices by the Contractor or any subcontractor under the Contractor.
Section 1777.5 requires the Contractor or subcontractors employing tradespersons in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the project which administers the apprenticeship program in that trade for a certificate of approval. The Contractor and subcontractors are required to submit contract award information to the applicable joint apprenticeship committee. As provided for in Section 1777.5 of the Labor Code, the Contractor is required to make contributions to funds established for the administration of apprenticeship programs.
It shall be the responsibility of the Contractor to abide by the provisions of Section 1777.5 of the Labor Code and to require all subcontractors employed by or contracting with the Contractor to abide by said provisions. The Contractor shall furnish any and all evidence of compliance with this code section when requested by the City.
For failure to comply with Section 1777.5 of the Labor Code, the Contractor shall be subject to the penalties in Section 1777.7 of the Labor Code.
4.10.5 Workers’ Compensation Insurance - The Contractor is required to secure the payment of compensation to its employees in accordance with the provisions of Sections 1860 and 3700 of the Labor Code and Paragraph 00820-2.4, Workers’ Compensation Insurance.
4.11 SAFETY
4.11.1 Contractor’s Safety Responsibility - The Contractor shall be solely and completely responsible for conditions of the jobsite, including safety of all persons and property during performance of the work. This requirement shall apply continuously and not be limited to normal working hours. Safety provisions shall conform to U.S. Department of Labor (OSHA), the California Occupational Safety and Health Act, and all other applicable Federal, State, County, and local laws, ordinances, codes, the requirements set forth below, and any regulations that may be detailed in other parts of these Contract Documents. Where any of these are in conflict, the more stringent requirement shall be followed.
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No provision of the Contract Documents shall act to make the City, the Construction Manager or any other party than the Contractor responsible for safety. The Construction Manager shall not have authority for safety on the project. The Contractor shall indemnify, defend and hold harmless the City, Construction Manager, or other authorized representatives of the City, from and against any and all actions, damages, fines, suits, and losses arising from the Contractor’s failure to meet all safety requirements and/or provide a safe work site.
If death or serious injuries or serious damages are caused, the accident shall be reported immediately by telephone or messenger to both the Construction Manager and the City. In addition, the Contractor must promptly report in writing to the Construction Manager all accidents whatsoever arising out of, or in connection with, the performance of the Work whether on, or adjacent to, the Site, giving full details and statements of witnesses. The Contractor shall make all reports as are, or may be, required by any authority having jurisdiction, and permit all safety inspections of the work being performed under this Contract.
If a claim is made by anyone against the Contractor or any subcontractor on account of any accident, the Contractor shall promptly report the facts in writing to the Construction Manager, giving full details of the claim.
4.11.2 Safety Program - The Contractor shall establish, implement, and maintain a written injury prevention program as required by Labor Code Section 6401.7. Before beginning the Work the Contractor shall prepare and submit to the Construction Manager a Contractor Safety Program that provides for the implementation of all of the Contractor’s safety responsibilities in connection with the Work at the site and the coordination of that program and its associated procedures and precautions with safety programs, precautions and procedures of each of its subcontractors and other prime Contractors performing work at the site. The Contractor shall be solely responsible for initiating, maintaining, monitoring, coordinating, and supervising all safety program, precautions, and procedures in connection with the Work and for coordinating its programs, precautions, and procedures of the other prime contractors and subcontractors performing the Work at the site. The Safety Program should contain all the necessary elements for the Contractor to administer its program on site. At a minimum, this written Safety Program shall address the elements required by Labor Code Section 6401.7. The program shall also address the following:
A. Compliance with Laws, Rules, and Regulations
B. Infractions of Safety Rules
1. Reported to Contractor’s designated Safety Supervisor
2. Time correction
3. Contractor to enforce safety requirements on its
subcontractors
4. Noncomplying employees to be removed from the Project
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C. Housekeeping
1. Continuous cleaning required
2. Final clean up required
D. Means of Implementing the Program
1. All new employees to receive training on the Contractor’s Safety Program prior to starting work.
2. Periodic tool box meetings with agenda recorded
3. Documented safety inspections by Safety Supervisor
4. Establish emergency procedures and telephone numbers including the procedure for the immediate removal to a
hospital or a doctor’s care of persons who may be injured on the jobsite. The Contractor shall maintain at its office or other well-known place at the Site safety equipment applicable to the Work as prescribed by the aforementioned authorities, and all items necessary for giving first aid to the injured.
5. Project bulletin board with required policies
6. At least two employees on each shift should have First Aid training and maintain a current First Aid card issued by an agency such as the American Red Cross.
7. Completion of a job hazard analysis for specific construction activities.
8. Establish a hazard communication program for informing the Contractor’s and subcontractor’s personnel, Construction Manager, City, and other affected parties of specific hazards on the project.
E. Define the duties and responsibilities of Contractor management personnel for safety.
1. Project Manager
2. General Superintendent
3. Foreman
4. Safety Supervisor
F. Accident Investigation
1. Investigate all accidents and near misses.
2. Develop steps to prevent a recurrence.
3. Completion of all reporting paperwork.
The Contractor’s compliance with requirements for safety and/or the Construction Manager’s review of the Contractor’s Safety Program shall not relieve or decrease the liability of the Contractor for safety.
The Construction Manager’s review of the Contractor’s Safety Program is only to determine if the above listed elements are included in the program.
4.11.3 Safety Supervisor - The Contractor shall appoint an employee as safety supervisor who is qualified and authorized to supervise and enforce compliance with the Safety Program. The Contractor shall notify the Construction Manager in writing prior to the commencement of work of the
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name of the person who will act as the Contractor’s safety supervisor and furnish the safety supervisor’s resume to the Construction Manager.
The Contractor will, through and with his Safety Supervisor, ensure that all of its employees and its subcontractors of any tier, fully comply with the Project Safety Policies. The Safety Supervisor shall be a full-time employee of the Contractor whose responsibility shall be for supervising compliance with applicable safety requirements on the work site and for developing and implementing safety training classes for all job personnel. The City shall have the authority to require removal of the Contractor’s Safety Supervisor if the representative is judged to be improperly or inadequately performing the duties; however, this authority shall not in any way affect the Contractor’s sole responsibility for performing this work safely, nor shall it impose any obligation upon the City to ensure the Contractor perform its work safely.
4.11.4 Safety Coordination Meetings - The Contractor and its affected subcontractors shall attend safety coordination meetings with the Construction Manager and any other affected parties. The meeting shall be held at least monthly and prior to the start of new construction activities.
Construction activities will be reviewed prior to the start of work in the various areas to determine potential hazards. The Contractor will be responsible for preparing job hazard analyses to breakdown the activities to be performed in a step-by-step procedure and provide safety guidelines for each step and any special equipment necessary to protect workers. The Contractor will act as facilitator for the meeting. The Construction Manager will participate in the Safety coordination meetings but will not direct the Contractor on how to perform its safety operations.
4.11.5 Safety and Protection - The Contractor shall take all necessary protection to prevent damage, injury, and loss to:
All employees on the Project, employees of all subcontractors, and other persons and organizations who may be affected thereby; All the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and
Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and underground facilities not designated for removal, relocation, or replacement in the course of construction.
The Contractor shall comply with all applicable laws and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss and shall erect and maintain all
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necessary safeguards for such safety and protection. The Contractor shall notify City of adjacent property and of underground facilities and utility City when prosecution of the Work may affect them and shall cooperate with them in the protection, removal, relocation, and replacement of their property. All injury or loss to any property caused, directly or indirectly, in whole or in part, by the Contractor, any subcontractor, supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by the Contractor.
4.11.6 Excavation Safety - In accordance with the provisions of Section 6705 of the Labor Code, the Contractor shall submit, in advance of excavation five feet or more in depth, detailed plans showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from hazard of caving ground during such excavation. If such plans vary from the shoring system standards set forth in the Construction Safety Orders in Title 8, California Code of Regulations, the plans shall be prepared and signed by a registered civil or structural engineer. Shoring, bracing, sloping, or other protective system shall not be less effective than required by the California Construction Safety Orders. The City’s review of the Contractor’s excavation plan is only for general conformance to the California Construction Safety Orders.
Prior to commencing any excavation, the Contractor shall designate in writing to the Construction Manager the “competent person(s)” with the authority and responsibilities designated in the Construction Safety Orders.
4.11.7 Safety Emergencies - In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, the Contractor, without special instruction or authorization from the Construction Manager, is obligated to act to prevent threatened damage, injury or loss. The Contractor shall give the Construction Manager prompt written notice if the Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby.
4.11.8 Safety Violations - Should the Contractor fail to correct an unsafe condition, the Construction Manager shall immediately notify the City of the Contractor’s failure to correct the unsafe condition. The City shall then notify the Contractor through the Construction Manager that the unsafe condition must be corrected or the work in question will be stopped in accordance with Section 00700-6.6.1, Temporary Suspension of Work until the condition is corrected to the satisfaction of the City. No extension of time or additional compensation will be granted as a result of any stop order so issued. The notification and suspension of such work or the failure to provide such notification and suspension by the Construction Manager
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and City shall not relieve the Contractor of its sole responsibility and liability for safety.
The City shall have the authority to require the removal from the project of the foreman and/or superintendent in responsible charge of the work where safety violations occur.
4.11.9 Equipment Safety Provisions - The completed Work shall include all necessary permanent safety devices, such as machinery guards and similar ordinary safety items, required by the State and Federal (OSHA) industrial authorities and applicable local and national codes. Further, any features of the Work, including selected equipment, subject to such safety regulations shall be fabricated, furnished, and installed in compliance with these requirements. All equipment furnished shall be grounded and provided guards and protection as required by safety codes. Where vaportight or explosion-proof electrical installation is required by safety codes, this shall be provided. Contractors and manufacturers of equipment shall be held responsible for compliance with the requirements included herein.
The Contractor shall notify all equipment suppliers and subcontractors of the provisions of this paragraph.
4.11.10 COVID-19 Safety Plan and Program – Includes furnishing all labor, materials, tools, equipment, and incidentals for preparing and implementing a safety plan and program to comply with all regulations set by all local, state, and federal agencies regarding COVID-19, including but not limited to, Santa Clara County, State of California, and Cal/OSHA. The Contractor shall determine which safety protocols defined by the Santa Clara County Health Department are applicable to this project and follow all requirements of those protocols, as needed.
Payment for compliance with this section is deemed to be included in the various items of work and no additional compensation will be allowed therefor.
4.12 MUNICIPAL LICENSE
In addition to all other requirements set forth in the Contract Documents, the Contractor must obtain and keep in force throughout the progress of the Work, a municipal license issued by the City of Gilroy. Concurrent with delivery of the executed Agreement, the Contractor shall furnish a copy of such license.
5. CONTROL OF WORK AND MATERIALS
5.1 MEANS AND METHODS
It is expressly stipulated that the drawings, specifications and other Contract Documents set forth the requirements as to the nature of the completed Work and do not purport to control the method of performing work except in those instances
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where the nature of the completed Work is dependent on the method of performance.
Except as provided elsewhere in the Contract Documents, neither the City, Design Consultant nor the Construction Manager will be responsible for or have control or charge of construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work.
Except as provided elsewhere in the Contract Documents, neither the City, Design Consultant nor the Construction Manager will be responsible for or have control or charge over the acts or omissions of the Contractor, or any of their subcontractors, agents or employees, or any other persons performing any of the Work. Any general control of the Work exercised by the City or its authorized representatives shall not make the Contractor an agent of the City, and the liability of the Contractor for all damages to persons and/or to public or private property arising from the Contractor’s execution of the Work shall not be lessened because of such general control.
Neither the inspection by the City, Design Consultant, or Construction Manager, nor any order, measurement, approved modification, or payment of monies, nor acceptance of any part or whole of the Work by the City, Design Consultants, Construction Manager, or their agents shall operate as a waiver of any provision of the Contract.
Acceptance by the Construction Manager, City and/or Design Consultant of any drawings, or any information regarding materials and equipment the Contractor proposes to furnish or method of work shall not be regarded as an assumption of risks or liability by the Construction Manager, Design Consultant, or the City, or any officer or employee thereof, and the Contractor shall have no claim under the Contract on account of the failure or partial failure or inefficiency or insufficiency of any plan or method of work or material and equipment so accepted. Such acceptance shall be considered to mean merely that the Construction Manager, City, and/or Design Consultant has no objection to the Contractor using, upon its own full responsibility, the plan or method of work proposed, or furnishing the materials and equipment proposed.
5.2 CITY-FURNISHED MATERIALS
Materials, if furnished by the City, will be made available as designated in the General Requirements. The cost of loading, unloading, hauling and handling, and placing City-furnished materials shall be considered as included in the price bid for the Contract item involving such City-furnished material.
Contractor shall inspect and assure itself of the amount and soundness of such materials.
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The Contractor will be held responsible for all materials furnished to it, and shall pay all demurrage and storage charges. City-furnished materials lost or damaged from any cause whatsoever shall be replaced by the Contractor. The Contractor will be liable to the City for the cost of replacing City-furnished material and such costs may be deducted from any monies due or to become due the Contractor.
5.3 DEFECTIVE AND UNAUTHORIZED WORK
Materials or workmanship that is unsatisfactory, faulty or deficient; or that does not conform to the Contract Documents; or that does not meet the requirements of any inspection, reference standard, test, or approval referred in the Contract Documents; or work that has been damaged prior to the Construction Managers recommendation of final payment; shall be considered defective and will be subject to rejection. Defective work or material, whether in place or not, shall be removed immediately from the Site by the Contractor, at its expense, when so directed by the Construction Manager.
Any work done beyond the limits of work, lines, and grades shown on any approved plans or established by the Construction Manager, or any extra work done without written authority, will be considered as unauthorized and will not be paid for.
Upon failure on the part of the Contractor to comply with any order of the Construction Manager made under the provisions of this Paragraph 00700-5.3, Defective or Unauthorized Work, the Construction Manager shall have authority to cause defective work to be remedied, or removed and replaced, and unauthorized work to be removed, and to deduct the costs thereof from any monies due or to become due the Contractor. The time, cost and compliance requirements stipulated in Paragraph 00700-3.4, City’s Right to Carry Out the Work, shall apply for this Paragraph 00700-5.3, Defective or Unauthorized Work also. Contractor shall bear all direct, indirect and consequential costs and damages due to defective work or materials, whether or not the defective work or materials are corrected or accepted with a reduction in the Contract Price, including without limitation compensation for the Design Consultants, the Construction Managers and City’s additional services made necessary by such defective work or materials, notwithstanding any other provision of the Contract Documents.
If laws or regulations of any public body having jurisdiction other than the City require any work to specifically be inspected, tested, or approved, the Contractor shall pay all costs in connection therewith. The Contractor shall also be responsible for and shall pay all costs in connection with any inspection or testing required in connection with the City’s or the Construction Managers acceptance
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of a supplier of materials or equipment proposed as a substitution or equal to be incorporated in the Work, or of materials or equipment submitted for review prior to the Contractors purchase thereof for incorporation in the Work. The cost of all inspections, tests, and approvals in addition to the above which are required by the Contract Documents shall be paid by the City (unless otherwise specified), except for the cost of any re-inspections or re-testing made necessary by the Work not complying with the Contract Documents, the cost of which shall be borne by the Contractor.
The Construction Manager will make, or have made, such inspections and tests as the Construction Manager deems necessary to see that the Work is being accomplished in accordance with the requirements of the Contract Documents.
Unless otherwise specified in the Supplementary Conditions or elsewhere in the Contract Documents, the cost of such inspection and testing will be borne by the City. If such inspections or tests reveal non-compliance with the requirements of the Contract Documents, the Contractor shall bear the cost of corrective measures deemed necessary by the Construction Manager, as well as the cost of subsequent reinspection and retesting. Neither observations by the Construction Manager nor inspections, tests, or approvals by others shall relieve the Contractor from the Contractors obligation to perform the Work in accordance with the Contract Documents.
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 the Construction Manager.
If any Work (including the work of others) that is to be inspected, tested, or approved is covered without written concurrence of the Construction Manager, it must, if requested by the Construction Manager, be uncovered for observation.
Such uncovering shall be at the Contractors expense unless the Contractor has given the Construction Manager timely notice (which in no event shall be less than two (2) full work days prior to any such performance or covering, as applicable), the Contractor’s intention to cover the same and the Construction Manager has not acted with reasonable promptness in response to such notice.
If any Work is covered contrary to the written request of the Construction Manager, it must, if requested by the Construction Manager, be uncovered by the Contractor for the Construction Managers observation and replaced by the Contractor, all at the Contractors expense.
If the Construction Manager considers it necessary or advisable that covered Work be observed by the Construction Manager or inspected or tested by others, the Contractor, at the Construction Managers request, shall uncover, expose, or
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otherwise make available for observation, inspection, or testing as the Construction Manager may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. If it is found that such Work is defective, the 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 Construction Manager, Design Consultant and other professionals. However, if such Work is not found to be defective, the Contractor shall be allowed an appropriate 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; and if the parties are unable to agree as to the amount or extent thereof, the Contractor may make a claim therefor as provided in Paragraph 00700-7.3.2, Claims.
5.4 UNNOTICED DEFECTS
Any defective work or material that may be discovered by the City, Construction Manager, or Design Consultant before the final acceptance of the Work, or before final payment has been made, or during the warranty period, shall be removed and replaced by work and materials which shall conform to the provisions of the Contract Documents. Failure on the part of the City, Construction Manager, or Design Consultant to condemn or reject bad or inferior work or materials shall not be construed to imply acceptance of such work or materials.
5.5 RIGHT TO RETAIN IMPERFECT WORK
If any part or portion of the work performed or material furnished under this Contract shall prove defective and not in accordance with the Drawings and Specifications, and if the imperfection in the same shall not be of sufficient magnitude or importance as to make the work dangerous or unsuitable, or if the removal of such work will create conditions which are dangerous or undesirable, the City shall have the right and authority to retain such work but shall make such deductions in the final payment therefor as may be just and reasonable.
6. PROGRESS OF THE WORK
6.1 BEGINNING OF WORK
The Contractor shall begin work within ten (10) days of the effective date of the Notice to Proceed and shall diligently prosecute the same to completion within the time required by the Contract Documents.
Should the Contractor begin work in advance of receiving Notice to Proceed, any work performed in advance of the said date of approval shall be considered as having been done by the Contractor at its own risk and as a volunteer.
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6.2 TIME OF COMPLETION
Time shall be of the essence of the Contract. The Contractor shall prosecute the work so that the various portions of the project shall be complete and ready for use within the time specified in Paragraph 00810-2.0, TIME ALLOWED FOR COMPLETION.
6.3 DELAYS
6.3.1 Notice of Delays - When the Contractor foresees a delay in the prosecution of the Work and, in any event, immediately upon the occurrence of a delay, the Contractor shall notify the Construction Manager in writing of the probability of the occurrence and the estimated extent of the delay, and its cause. The Contractor shall take immediate steps to prevent, if possible the occurrence or continuance of the delay. The Contractor agrees that no claim shall be made for delays which are not called to the attention of the Construction Manager at the time of their occurrence.
6.3.2 Non-excusable Delays - Non-excusable delays in the prosecution of the Work shall include delays which could have been avoided by the exercise of care, prudence, foresight, and diligence on the part of the Contractor or its subcontractors, at any tier level, or suppliers.
6.3.3 Excusable Delays - Excusable delays in the prosecution or completion of the Work shall include delays which result from causes beyond the control of the Contractor and City and which could not have been avoided by the exercise of care, prudence, foresight, and diligence on the part of the Contractor or its subcontractors, at any tier level, or suppliers.
6.3.3.1 Abnormal Delays - Delays caused by acts of god, fire, unusual storms, floods, tidal waves, earthquakes, strikes, labor disputes, freight embargoes, and shortages of materials shall be considered as excusable delays insofar as they prevent the Contractor from proceeding with at least seventy-five (75) percent of the normal labor and equipment force for at least five (5) hours per day toward completion of the current critical activity item(s) on the latest favorably reviewed progress schedule.
6.3.3.2 Weather Delays - Should inclement weather conditions or the conditions resulting from weather prevent the Contractor from proceeding with seventy-five (75) percent of the normal labor and equipment force engaged in the current critical activity item for a period of at least five (5) hours per day toward completion of such operation or operations, and the crew is dismissed as a result thereof, it shall be a weather delay day. The Contractor may be granted a time extension pursuant to Paragraph 00700-
6.4.2.c, Weather Delays. Weather delays are not compensable.
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6.3.3.3 Material Shortages - Upon the submission of satisfactory proof to the Construction Manager by the Contractor, shortages of material will be acceptable as grounds for granting a time extension. In order that such proof may be satisfactory and acceptable to the Construction Manager, it must be demonstrated by the Contractor that the Contractor has made every effort to obtain such materials from all known sources within reasonable reach of the proposed Work. Only the physical shortage of material, caused by unusual circumstances, will be considered under these provisions as a cause for extension of time, and no consideration will be given to any claim that material could not be obtained at a reasonable, practical, or economical cost or price, unless it is shown to the satisfaction of the Construction Manager that such material could have been obtained only at exorbitant prices entirely out of line with current rates, taking into account the quantities involved and usual practices in obtaining such quantities. A time extension for shortage of material will not be considered for material ordered or delivered late or whose availability is affected by virtue of the mishandling of procurement. The above provisions apply equally to equipment to be installed in the work.
6.3.4 Compensable Delays - Compensable delays in the prosecution or completion of the Work shall include only those delays that occur through no fault of the Contractor and prevent the Contractor from proceeding with at least seventy-five (75) percent of the normal labor and equipment force for at least five (5) hours per day toward completion of the current critical activity item(s) on the latest favorably reviewed progress schedule and which are due to the following cause(s) only:
a. Delays due solely to the actions and/or inactions of the City. b. Delays due to differing site conditions as defined in Paragraph 00700-
7.2, Differing Site Conditions.
c. Delays due to other Contractors employed by the City who interfere with the Contractor’s prosecution of the Work as defined above.
6.3.5 Concurrent Delays - Concurrent delays are those delay periods when the prosecution of the Work is delayed during the same period of time due to causes from a combination of the delays defined in Paragraphs 00700-
6.3.2, Non-Excusable Delays, 00700-6.3.3, Excusable Delays, or 00700-
6.3.4, Compensable Delays. During such concurrent delay periods, time extensions will be granted in accordance with Paragraph 00700-6.4, Time Extensions; however, the Contractor shall not be compensated for its overhead costs as defined in Paragraph 00700-6.4.3, Indirect Overhead, and the City shall not assess its actual costs as defined in Paragraph 00700-
6.4.1, Non-excusable Delays.
6.4 TIME EXTENSIONS
6.4.1 Non-excusable Delays - The City may grant an extension of time for nonexcusable delays if the City deems it is in its best interest. If the City grants
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an extension of time for non-excusable delays, the Contractor agrees to pay the City’s actual costs, including without limitation charges for engineering, inspection and administration incurred during the extension. Contractor shall not be entitled to any compensation if the City chooses to grant an extension of time for non-excusable delays.
6.4.2 Excusable or Compensable Delays - If the Contractor is delayed in the performance of its work as defined in Paragraphs 00700-6.3.3, Excusable Delays, or 00700-6.3.4, Compensable Delays, then the Contract completion date may be extended by the City at its sole reasonable discretion for such time that, in the City’s and Construction Manager’s determination, the Contractor’s completion date will be delayed, provided that the Contractor strictly fulfills the following:
a. The Contractor shall provide notification, in accordance with Paragraph 00700-6.3.1, Notice of Delays, and submit in writing a request for an extension of time to the Construction Manager stating at a minimum the probable cause of the delay and the number of days being requested. The time extension request shall be submitted in accordance with the requirements of Paragraph 01310-
6.0, TIME IMPACT ANALYSES.
b. If requested by the Construction Manager, the Contractor shall promptly provide sufficient information to the Construction Manager to assess the cause or effect of the alleged delay, or to determine if other concurrent delays affected the work.
c. Weather Delays. The Contractor will be granted a non-compensable time extension for weather caused delays, pursuant to Paragraph 00700-6.3.3.2, Weather Delays, which exceeds the allowance as provided for in Paragraph 00810-4.0, WEATHER DELAYS. No time extensions for weather delays will be granted until the total number of weather days exceeds this allowance.
Time extensions will not be unreasonably withheld if the foregoing conditions are met.
Should the Contractor fail to fulfill any of the foregoing, which are conditions precedent to the right to receive a time extension, the Contractor waives the right to receive a time extension.
During such extension of time, neither extra compensation for engineering, inspection and administration nor damages for delay will be charged to the Contractor. It is understood and agreed by the Contractor and City that time extensions due to excusable or compensable delays will be granted only if such delays involve controlling operations which would prevent completion of the whole Work within the specified Contract time.
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Should the Contractor fail to complete the work within the time specified in the contract, as extended in accordance with this clause if appropriate, the Contractor shall pay to the City liquidated damages in accordance with Paragraph 00700-
6.5, Liquidated Damages.
6.4.3 Indirect Overhead - The Contractor shall be reimbursed for indirect overhead expenses for periods of time when the Work is delayed as defined in Paragraph 00700-6.3.4, Compensable Delays. However, no reimbursement for indirect overhead shall be made for compensable delays which occur during a concurrent delay as defined in Paragraph 00700-6.3.5, Concurrent Delays. No reimbursement for indirect overhead as covered in this section shall be made for any time extensions granted for Contract change orders as provided in Section 01035, MODIFICATION PROCEDURES. As a condition precedent to any reimbursement, the Contractor must fulfill all conditions as provided in Paragraph 00700-6.4.2, Excusable or Compensable Delays. No additional markup for overhead or profit shall be provided for such indirect overhead expenses.
Payment to the Contractor for indirect overhead expenses will be made only if the extended Contract period granted for the compensable delay(s) is required to complete the work following the depletion of the original contract period and any time extensions granted other than compensable time extensions.
6.4.3.1 Indirect Field Overhead – see section 6.4.3.2 below
6.4.3.2 Indirect Home Office and Indirect Field Overhead - For those allowable delay periods as defined in Paragraph 00700-6.4.3, Indirect Overhead, the Contractor shall be reimbursed for its home office and field overhead based on the following formula:
Contract Bid Price ($)
x (0.03) = Daily Home Office Overhead ($/Day)
Contract Period (Days)
As it is impractical to determine the actual home and field office overhead, such reimbursement shall be mutually agreed between the City and Contractor to encompass full payment for any home office overhead expenses for such periods of time for the Contractor and all subcontractors.
The Contractor agrees to indemnify, defend and hold the City harmless for any indirect overhead claims from its subcontractors.
6.5 LIQUIDATED DAMAGES
THE CITY AND CONTRACTOR RECOGNIZE THAT THE CITY WILL SUFFER
SUBSTANTIAL DAMAGES AND SIGNIFICANT FINANCIAL LOSS AS A
RESULT OF THE CONTRACTOR'S DELAYS IN PERFORMANCE OF THE
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WORK DESCRIBED IN THE CONTRACT DOCUMENTS. THE CITY AND THE
CONTRACTOR HEREBY ACKNOWLEDGE AND AGREE THAT THE
DAMAGES AND FINANCIAL LOSS SUSTAINED AS A RESULT OF ANY
SUCH DELAYS IN PERFORMANCE WILL BE EXTREMELY DIFFICULT AND IMPRACTICABLE TO ASCERTAIN. THEREFORE, THE CITY AND THE
CONTRACTOR HEREBY AGREE THAT IN THE EVENT OF SUCH DELAYS IN
PERFORMANCE DESCRIBED BELOW, THE CITY SHALL BE ENTITLED TO
COMPENSATION BY WAY OF LIQUIDATED DAMAGES (AND NOT AS
PENALTY) FOR THE DETRIMENT RESULTING THEREFROM. THE CITY
AND THE CONTRACTOR FURTHER AGREE THAT THE FOLLOWING
AMOUNTS ARE A REASONABLE ESTIMATE OF THE CITY'S DAMAGES
AND FINANCIAL LOSS IN THE EVENT OF ANY SUCH DELAYS IN
PERFORMANCE CONSIDERING ALL OF THE CIRCUMSTANCES EXISTING
AS OF THE DATE OF THIS AGREEMENT, INCLUDING THE RELATIONSHIP
OF SUCH AMOUNTS TO THE RANGE OF HARM TO THE CITY WHICH
REASONABLY COULD BE ANTICIPATED AS OF THE DATE OF THIS
AGREEMENT AND THE EXPECTATION THAT PROOF OF ACTUAL
DAMAGES WOULD BE EXTREMELY DIFFICULT AND IMPRACTICABLE.
AS LIQUIDATED DAMAGES FOR THE CONTRACTOR'S DELAY IN
COMPLETING THE WORK WITHIN THE CONTRACT TIME (AS THE SAME MAY BE EXTENDED IN ACCORDANCE WITH PARAGRAPH 6.5 OF THESE
GENERAL CONDITIONS), THE CONTRACTOR SHALL PAY TO THE CITY
LIQUIDATED DAMAGES IN THE AMOUNT SET FORTH IN PARAGRAPH 00810-3.0, DAMAGES FOR DELAYS, PER DAY FOR EACH DAY DURING
WHICH COMPLETION OF THE WORK IS DELAYED BEYOND THE
CONTRACT TIME. CONTRACTOR AGREES TO PAY SUCH LIQUIDATED
DAMAGES IMMEDIATELY UPON REQUEST BY CITY, AND IF THE SAME
ARE NOT TIMELY PAID, AGREES THAT CITY MAY DEDUCT THE AMOUNT
THEREOF FROM ANY MONIES DUE OR THAT MAY BECOME DUE THE
CONTRACTOR UNDER THE CONTRACT DOCUMENTS, IN ADDITION TO
ANY OTHER RIGHTS AND REMEDIES AVAILABLE TO CITY UNDER THE CONTRACT DOCUMENTS OR APPLICABLE LAW.
6.6 TEMPORARY SUSPENSION OF WORK
6.6.1 If the Contractor fails to correct defective work as required by Paragraph 00700-5.3, Defective and Unauthorized Work, or fails to carry out the Work in accordance with the Contract Documents or any other applicable rules and regulations, the City, by a written order of the City’s representative or signed personally by an agent specifically so empowered by the City, in writing, may order the Contractor to stop the work, or any portion thereof, until the cause for such order has been eliminated; however, this right of the City to stop the Work shall not give rise to any duty on the part of the City
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to exercise this right for the benefit of the Contractor or any other person or entity. All delays in the Work occasioned by such stoppage shall not relieve the Contractor of any duty to perform the Work or serve to extend the time for its completion. Any and all necessary corrective work done in order to comply with the Contract Documents shall be performed at no cost to the City.
6.6.2 In the event that a suspension of Work is ordered, as provided in this paragraph, the Contractor, at its expense, shall perform all work necessary to provide a safe, smooth, and unobstructed passageway through construction for use by public, pedestrian, and vehicular traffic, during the period of such use by suspension. Should the Contractor fail to perform the Work as specified, the City may perform such work and the cost thereof may be deducted from monies due the Contractor under the Contract.
6.6.3 The City shall also have authority to suspend the Work wholly or in part, for such period as the City may deem necessary, due to unsuitable weather, or to such other conditions as are considered unfavorable for the suitable prosecution of the Work. Such temporary suspension of the Work will be considered justification for time extensions to the Contract in an amount equal to the period of such suspension if such suspended work includes the current critical activity on the latest favorably reviewed progress schedule.
The Contractor as directed by the City shall provide the provisions as stipulated in Paragraph 00700-6.6.2 above. Such additional work shall be compensated as provided for in Section 00700-7.0, SCOPE OF WORK - CHANGES IN THE WORK.
6.7 TERMINATION OF CONTRACT
If at any time the Contractor is determined to be in material breach of the Contract, notice thereof in writing will be served upon the Contractor and its sureties, and should the Contractor neglect or refuse to provide means for a satisfactory compliance with the Contract, as directed by the Construction Manager, within the time specified in such notice, the City or the City’s Representative in such case shall have the authority to terminate the operation of the Contract.
Upon such termination, the Contractor shall discontinue the Work, or such parts of it as the City may designate. Upon such termination, the Contractor’s control shall terminate and thereupon the City or its fully authorized representative may take possession of all or any part of the Contractor’s materials, tools, equipment, and appliances upon the premises and use the same for the purposes of completing the Work and hire such force and buy or rent such additional machinery, tools, appliances, and equipment, and buy such additional materials and supplies at the Contractor’s expense as may be necessary for the proper conduct of the Work and for the completion thereof; or the City may employ other parties to carry the Contract to completion, employ the necessary workers,
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substitute other machinery or materials and purchase the materials contracted for, in such manner as the City may deem proper; or the City may annul and cancel the Contract and relet the Work or any part thereof. Any excess of cost arising therefrom over and above the Contract Price will be charged against the Contractor and its sureties, who will be liable therefor.
In the event of such termination, all monies due the Contractor or retained under the terms of this Contract shall be held by the City; however, such holdings will not release the Contractor or its sureties from liability for failure to fulfill the Contract, and Contractor and its sureties shall remain liable for the full cost of completing the Work, whether or not the funds left in the construction account at the time the Contract is terminated are sufficient to cover the balance of the Work.
Any excess cost over and above the Contract amount incurred by the City arising from the termination of the operations of the Contract and the completion of the Work by the City as above provided shall be paid for by any available funds held by the City. The Contractor will be so credited with any surplus remaining after all just claims for such completion have been paid.
In addition to the City’s rights under this section, if at any time before completion of the Work under the Contract, it shall be determined by the City that reasons beyond the control of the parties hereto render it impossible or against the interests of the City to complete the Work, or if the Work shall be stopped by an injunction of a court of competent jurisdiction or by order of any competent authority, the City may, upon ten (10) days written notice to the Contractor, discontinue the Work and terminate the Contract. Upon service of such notice of termination, the Contractor shall discontinue the Work in such manner, sequence, and at such times as the Construction Manager may direct. The Contractor shall have no claim for damages for such discontinuance or termination, nor any claim for anticipated profits on the work thus dispensed with, nor any other claim except for the Work actually performed up to the time of discontinuance, including any extra work ordered by the Construction Manager to be done, nor for any claim for liquidated damages.
7. SCOPE OF WORK - CHANGES IN THE WORK
7.1 CHANGE ORDERS
7.1.1 Without invalidating the Contract and without notice to sureties or insurers, the City through the Construction Manager, may at any time or from time to time, order additions, deletions, or revisions in the Work; these will be authorized by Field Directive, Field Order, or Change Order. A Change Order will not be issued for a Field Directive unless the Construction Manager concurs with an appeal by the Contractor that such Field Directive is a change in the scope of the Contract. The Contractor shall comply promptly with the requirements for all Change Orders, Field Orders, or Field
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Directives. The work involved in Change Orders shall be executed under the applicable conditions and requirements of the Contract Documents. If any Field Order causes an increase or decrease in the Contract Price or an extension or shortening of the Contract Time, an equitable adjustment will be made by issuing a Change Order. If the Contractor accepts a Change Order that does not include a time extension, the Contractor waives any claim for additional time for the work covered by that Change Order.
Additional or extra work performed by the Contractor without written authorization of a Field Order or Change Order will not entitle the Contractor to an increase in the Contract Price or an extension of the Contract Time.
7.1.2 Extra work shall be that work not shown or detailed on the Contract Drawings or Contract Documents and not specified or reasonably inferred therefrom. Such work shall be governed by all applicable provisions of the Contract Documents. In giving instructions, the Construction Manager shall have authority to make minor changes in the Work, not involving extra cost, and not inconsistent with the purposes of the Work; but otherwise, except in an emergency endangering life or property, no extra work or change shall be made unless in pursuance of a written order by the City through the Construction Manager, and no claim for an addition to the total amount of the Contract shall be valid unless so ordered.
7.1.3 In case any change increases or decreases the Work shown, the Contractor shall be paid for the Work actually done at a mutually agreed upon adjustment to the Contract Price, based upon the provisions of Section 01035 - MODIFICATION PROCEDURES
7.1.4 If the Contractor refuses to accept a Change Order, the City may issue it unilaterally. The Contractor shall comply with the requirements of the Change Order. The City shall provide for an equitable adjustment to the Contract Price, and compensate the Contractor accordingly. If the Contractor does not agree that the adjustment is equitable, it may submit a claim in accordance with Paragraph 00700-7.3.2, Claims.
7.2 DIFFERING SITE CONDITIONS
Pursuant to Public Contract Code Section 7104, the Contractor shall promptly, and before the following conditions are disturbed, notify the Construction Manager in writing, of any:
a. Material that the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. b. Subsurface or latent physical conditions at the site differing from those indicated.
c. Unknown physical conditions at the site of any unusual nature, differing materially from those ordinarily encountered and generally
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recognized as inherent in work of the character provided for in the Contract.
The City shall promptly, investigate the conditions, and if it finds that the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor’s cost of, or the time required for, performance of any part of the Work the City shall cause to be issued a Change Order under the procedures provided in Paragraph 00700-7.1, Change Orders.
In the event that a dispute arises between the City and the Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s cost of, or time required for, performance of any part of the Work, the Contractor shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all Work to be performed under the Contract. The Contractor shall retain any and all rights provided either by Contract or by law which pertain to the resolution of disputes and protests between the contracting parties, Paragraph 00700-7.3, Resolution of Disputes.
No claim of the Contractor under this clause shall be allowed unless the Contractor has given the notice required. The Contractors failure to give notice of differing site conditions within twenty-four (24) hours of their discovery or before they are disturbed shall constitute a waiver of all claims in connection therewith, whether direct or consequential in nature, including any claims for an increase in the Contract Price and/or an extension of the Contract Time.
7.3 RESOLUTION OF DISPUTES
7.3.1 Contract Interpretation by the Construction Manager - Questions regarding the meaning and intent of the Contract Documents shall be referred in writing by the Contractor to the Construction Manager. Where practical, the Construction Manager shall respond to the Contractor in writing with a decision within ten (10) days of receipt of the request.
7.3.2 Claims
7.3.2.1 Notice - If the Contractor disagrees with the Construction Manager’s decision in Paragraph 00700-7.3.1, Contract Interpretation by the Construction Manager, or in any case where the Contractor deems additional compensation or a time extension to the Contract Time is due the Contractor for work or materials not covered in the Contract or which the Construction Manager has not recognized as extra work, the Contractor shall notify the Construction Manager, in writing, of its intention to make claim. Claims pertaining to decisions provided in Paragraph 00700-7.3.1 or such other determinations by the Construction Manager shall be filed in writing to the Construction Manager within five (5) days of
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receipt of such decision. All other claims notices for extra work shall be filed in writing to the Construction Manager prior to the commencement of such work. Written notice shall use the words “Notice of Potential Claim”.
Such Notice of Potential Claim shall state the circumstances and the reasons for the claim, but need not state the amount.
Additionally, no claim for additional compensation or extension of time for a delay will be considered unless the provisions of Paragraphs 00700-6.3, Delays, and
6.4, Time Extensions, are complied with. No claim filed after the date of final payment will be considered.
It is agreed that unless notice is properly given, the Contractor shall not recover costs incurred by it as a result of the alleged extra work, changed work or other situation which had proper notice been given would have given rise to a right for additional compensation. The Contractor should understand that timely notice of potential claim is of great importance to the Construction Manager and City, and is not merely a formality. Such notice allows the City to consider preventive action, to monitor the Contractor’s increased costs resulting from the situation, to marshal facts, and to plan its affairs. Such notice by the Contractor, and the fact that the Construction Manager has kept account of the cost as aforesaid, shall not in any way be construed as proving the validity of the claim.
7.3.2.2 Records of Disputed Work - In proceeding with a disputed portion of the Work, the Contractor shall keep accurate records of its costs and shall make available, to the Construction Manager, a daily summary of the hours and classification of equipment and labor utilized on the disputed work, as well as a summary of any materials or any specialized services which are used. Such information shall be submitted to the Construction Manager on a monthly basis, receipt of which shall not be construed as an authorization for or acceptance of the disputed work.
7.3.2.3 Submission of Claim Costs. Within 30 days after the last cost of work for which the Contractor contends it is due additional compensation is incurred, but if costs are incurred over a span of more than 30 days, then within 15 days after the thirtieth day and every month thereafter, the Contractor shall submit to the Construction Manager as best the Contractor is able its costs incurred for the claimed matter. Claims shall be made in itemized detail and should the Construction Manager be dissatisfied with format or detail of presentation, upon request for more or different information, the Contractor will promptly comply, to the satisfaction of the Construction Manager. If the additional costs are in any respect not knowable with certainty, they shall be estimated as best can be done. In case the claim is found to be just, it shall be allowed and paid for as provided in Section 01035, MODIFICATION PROCEDURES.
7.3.2.4 Claim Meetings. From time to time the Construction Manager may call a
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special meeting to discuss outstanding claims should it deem this of possible help. The Contractor shall cooperate and attend prepared to discuss its claims, making available the personnel necessary for resolution, and all documents which may reasonably be requested by the Construction Manager.
7.3.2.5 Right To Audit - If the Contractor submits a claim to the City for additional compensation, the City shall have the right, as a condition to considering the claim, and as a basis for evaluation for the claim, and until the claim has been settled, to audit the Contractor's books to the extent they are relevant. This right shall include the right to examine books, records, documents, and other evidence of 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.
The right to audit shall include the right to inspect the Contractor's plans, or such parts thereof, as may be or have been engaged in the performance of the Work. The Contractor further agrees that the right to audit encompasses all Subcontractors and is binding upon Subcontractors. The rights to examine and inspect herein provided for shall be exercisable through such representatives as the City deems desirable during the Contractor's normal business hours at the office of the Contractor. The Contractor shall make available to the City for auditing, all relevant accounting records and documents, and other financial data, and upon request, shall submit true copies of requested records to the City. If the Contractor's claim to the City for additional compensation is ultimately denied, then the Contractor shall reimburse the City for all costs and expenses incurred by the City in connection with the audit.
7.3.3 Resolution of Claims - For all contracts awarded during the effective dates of Public Contract Code Section 20104, where claims cannot be resolved between the parties, claims for three hundred and seventy-five thousand dollars ($375,000) or less shall be resolved pursuant to the provisions of that code section.
Unless this Contract provides otherwise, all claims, counterclaims, disputes, and other matters in question between the City and the Contractor that are not resolved between the City and the Contractor and are not governed by Public Contract Code 20104 shall be decided by a court of competent jurisdiction.
Arbitration shall not be used for resolution of these disputes.
Should either party to this Agreement bring legal action against the other, the case shall be handled in the California County where the work is being performed.
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8. PAYMENT
8.1 SCOPE OF PAYMENT
8.1.1 General - The Contractor shall accept the compensation, as herein provided, as full payment for furnishing all labor, materials, tools, equipment, and incidentals necessary for completing the Work according to the Contract Documents, and no additional compensation will be allowed therefor. Neither full payment nor the payment of any partial payment estimate nor of any retained percentage shall relieve the Contractor of any obligation to make good any defective work or material. Notwithstanding any other provision of the Contract Documents, if Contractor disputes any determination by City with regard to payment, Contractor shall not be entitled to stop work pending resolution of such payment dispute, but shall expeditiously continue to prosecute the Work unless directed otherwise by City.
8.1.2 Payment for Patents and Patent Infringement - All fees or claims for any patented invention, article, or arrangement that may be used upon, or in, any manner connected with the performance of the Work or any part thereof shall be included in the price bid for doing the Work, and the Contractor and its sureties shall defend, protect, and hold the City, the Construction Manager, and Design Consultants, together with all their officers, agents, and employees harmless against liability of any nature or kind for any and all costs, legal expenses, and damages made for such fees or claims and against any and all suits and claims brought or made by the holder of any invention or patent, or on account of any patented or unpatented invention, process, article, or appliance manufactured for or used in the performance of the Contract, including its use by the City, unless otherwise specifically stipulated in the Contract. Before final payment is made on the Contract, the Contractor shall furnish an affidavit to the City regarding patent rights for the project. The affidavit shall state that all fees and payments due as a result of the Work incorporated into the project or methods utilized during construction have been paid in full.
The Contractor shall certify in the affidavit that no other fees or claims exist for work in this project.
8.1.3 Payment of Taxes - The Contractor shall pay and shall assume exclusive liability for all taxes levied or assessed on or in connection with the Contractor’s performance of this Contract, including, but not limited to, State and local sales and use taxes, Federal and State payroll taxes or assessments, and excise taxes, and no separate allowance will be made therefor, and all costs in connection therewith shall be included in the total amount of the Contract Price.
8.1.4 Payment for Labor and Materials - The Contractor shall pay and require its subcontractors to pay any and all accounts for labor including worker’s compensation premiums, state unemployment and federal social security
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payments and other wage and salary deductions required by law. The Contractor also shall pay and cause its subcontractors to pay any and all accounts for services, equipment, and materials used by the Contractor and its subcontractors during the performance of work under this Contract.
Such accounts shall be paid as they become due and payable. If requested by the City, the Contractor shall furnish proof of payment of such accounts to the City.
8.2 PARTIAL PAYMENTS
In consideration of the faithful performance of the Work prosecuted in accordance with the provisions of these Specifications and the Contract, the City will pay the Contractor for all such Work installed on the basis of percentage completion.
Amounts earned will be based on accepted Cost Breakdown (Section 01025, MEASUREMENT AND PAYMENT).
Payments will be made by the City to the Contractor on estimates duly certified and approved by the Construction Manager, based on the value of equipment installed and tested, labor and materials incorporated into said permanent work by the Contractor during the preceding month, and acceptable materials and equipment on hand (materials and equipment furnished and delivered to the site by the Contractor and not yet incorporated into the Work accompanied by an approved invoice). Payments will not be made for temporary construction unless specifically provided for in the Contract Documents.
Partial payments will be made monthly based on Work accomplished by the 25th day of the month. The Contractors estimate is to be submitted no later than the last day of the same month. Late submittals will not be processed until the following month.
The Contractor shall submit its estimate of the Work completed during the prior month and the Work completed to date in a format corresponding to the accepted cost breakdown. Additionally, the Contractor shall submit a detailed statement of the Contractor’s request for payment of acceptable materials and equipment on hand in compliance with Paragraph 00700-8.3, Partial Payments - Inclusion of Materials on Hand. Upon receipt of Contractor’s requests for payment, the City shall act in accordance with the following:
(a) The Construction Manager shall review the submitted estimates, as soon as practical after receipt for the purpose of determining that the estimates are a proper request for payment, and shall prepare a certified estimate of the total amount of Work done and acceptable materials and equipment on hand.
(b) Any request for payment determined not to be a proper payment request suitable for payment shall be returned to the Contractor as soon as
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practicable, but not later than seven (7) days after receipt. A request for payment returned pursuant to this paragraph shall be accompanied by a document setting forth in writing the reasons why the request for payment is not proper.
If requested, the Contractor shall provide such additional data as may be reasonably required to support the partial payment request. The Construction Manager will be available to meet to discuss the partial payment request prior to its resubmittal(s). When the Contractor’s estimate of amount earned conforms with the Construction Manager’s evaluation, the Construction Manager will calculate the amount due the Contractor, prepare the progress payment request for signature by the Contractor, and submit the recommended progress payment request with Contractors accompanying invoice for the City’s approval and processing. The City will make payment to the Contractor in accordance with City’s normal accounts payable procedures; the City shall retain amounts in accordance with Paragraph 00700-8.4, Right to Withhold Amounts.
No such estimate or payment shall be required to be made, when in the judgment of the Construction Manager, the Work is not proceeding in accordance with the provisions of the Contract, or when in the Construction Manager’s judgment the total value of the Work done since the last estimate amounts to less than One Thousand Dollars ($1,000.00).
The City shall pay the Contractor within thirty (30) days after receipt of undisputed and properly submitted requests for payment from the Contractor. In accordance with Public Contract Code Section 20104.50, if the City fails to pay an undisputed request for payment within the allotted thirty (30) days, the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure.
8.3 PARTIAL PAYMENTS - INCLUSION OF MATERIALS ON HAND
Materials, as used herein, shall be considered to be those items which are fabricated and manufactured goods and equipment. Only those materials for which the Contractor can transfer clear title to the City will be qualified for partial payment. The Contractor may request payment of seventy-five (75) percent of the actual net cost of these materials.
To receive partial payment for materials and equipment delivered to the Site, but not incorporated in the Work, it shall be necessary for the Contractor to submit to the Construction Manager a list of such materials, at least seven (7) days prior to submitting the monthly estimate of amount earned for work completed. At the Construction Manager’s sole discretion, the Construction Manager will approve items for which partial payment is to be made subject to the following:
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a. Only equipment or materials which have received favorable review of shop drawings will qualify.
b. Eligible equipment or materials must be delivered and properly stored, protected, and maintained in a manner favorably reviewed by the Construction Manager, at the job site or at a bonded warehouse. c. The Contractor’s actual net cost for the materials must be supported by paid invoices of suppliers, or other documentation requested by the Construction Manager.
d. Materials or equipment delivered to the Site less than thirty (30) days prior to their scheduled incorporation in the Work shall not qualify. e. Final payment shall be made only for materials actually incorporated in the Work. Upon acceptance of the Work, all materials remaining for which advance payments had been made shall revert to the Contractor, unless otherwise agreed, and partial payments made for these items shall be deducted from the final payment for the Work. f. Partial payments for materials and equipment on hand shall not be deemed to be final payment for the material nor relieve the Contractor of its obligations under the Contract.
g. Partial payments for materials and equipment on hand shall be subject to retention in accordance with Paragraph 00700-8.4., Right to Withhold Amounts.
8.4 RIGHT TO WITHHOLD AMOUNTS
8.4.1 Retention - The City will deduct from each partial payment and retain as part security, five (5) percent of the amount earned until the final payment.
Pursuant to Public Contract Code Section 22300, for monies earned by the Contractor and withheld by the City to ensure the performance of the Contract, the Contractor, may, at his or her option, choose to substitute securities meeting the requirements of said Section 22300. In the event the Contractor wishes to choose this option, the Contractor shall enter into an escrow agreement with the City, and the escrow agent, a qualified bank to be chosen by City, in the form of the agreement included in the project specifications. The costs of such escrow shall be paid by the Contractor. The securities to be deposited in said escrow account shall be equivalent, in fair market value, to the amount to be withheld as performance retention. The securities shall be held in accordance with the provisions of Public Contract Code Section 22300, and the implementing agreement.. Contractor shall have the obligation of ensuring that such securities deposited are sufficient so as to maintain, in total fair market value, an amount equal to the cash amount of the sums to be withheld under the Contract. If, upon written notice from the City, or from the appropriate escrow agent, indicating that the fair market value of the securities has dropped below the dollar amount of monies to be withheld by the City to ensure performance, Contractor shall, within five days of the date of such notice, post additional securities as necessary to
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ensure that the total fair market value of all such securities held by the City, or in escrow, is equivalent to the amount of money to be withheld by the City under the Contract.
Any Contractor wishing to exercise this option shall give notice in writing to City, and shall thereafter execute an escrow agreement in the following form:
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ESCROW AGREEMENT FOR
SECURITY DEPOSITS IN LIEU OF RETENTION
This Escrow Agreement is made and entered into by and between:
whose address is
hereinafter called “City”, and
whose address is
hereinafter called “Contractor”, and
whose address is
hereinafter called “Escrow Agent.”
For the consideration hereinafter set forth, the City, Contractor, and Escrow Agent agree as follows:
1. Pursuant to Section 22300 of the Public Contract Code of the State of California, Contractor has the option to deposit securities which meet the requirements set forth in said Section 22300, with Escrow Agent, as a substitute for retention earnings required to be withheld by City pursuant to the Construction Contract entered into between City and Contractor for in the amount of dated (hereinafter referred
to as the “Contract”). Alternatively, on written request of the Contractor, the City shall make payments of the retention earnings directly to the Escrow Agent. When Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the City and Contractor.
Securities shall be held in the name of City, and shall designate the Contractor as the beneficial City.
2. City shall make progress payments to Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above.
3. When the City makes payment of retention earned directly to the Escrow Agent the Escrow Agent shall hold them for the benefit of the Contractor
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until such time as the escrow created under this Contract is terminated.
4. The Contractor may direct the investment of the payments into securities.
All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the City pays the Escrow Agent directly.
5. Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the Escrow Account, and all expenses of the City. These expenses and payment terms shall be determined by the City, Contractor, and Escrow Agent.
6. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City.
7. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor.
8. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days’ written notice to the Escrow Agent from the City of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City.
9. Upon receipt of written notification from the City certifying that the Contract is final and complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges.
10. Escrow Agent shall rely on the written notifications from the City and the Contractor pursuant to Sections (4) to (6), inclusive, of this Agreement, and City and Contractor shall hold Escrow Agent harmless from Escrow Agent’s release and disbursement of the securities and interest as set forth above.
11. The names of the persons who are authorized to give written notice or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows:
On Behalf of City: On Behalf of Contractor:
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__________________________ __________________________________ Title Title
__________________________ ___________________________________ Name Name
___________________________ ___________________________________ Signature Signature
___________________________ ___________________________________ Address Address
On Behalf of Escrow Agent:
Title
Name
Signature
Address
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At the time the Escrow Account is opened, City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above.
CITY: CONTRACTOR:
________________________ ________________________
Title Title
________________________ ________________________
Name Name
________________________ _________________________
Signature Signature
8.4.2 Other Withholds - In addition to the amount which the City may otherwise retain under the Contract, the City may withhold a sufficient amount or amounts of any payment or payments otherwise due the Contractor, as in its judgment may be necessary to cover Two hundred percent (200%) of the cost of the following:
a. Payments which may be past due and payable for just claims against the Contractor or any subcontractor for labor or materials furnished for the performance of this Contract.
b. Defective work or materials not remedied.
c. Failure of the Contractor to make proper payments to its subcontractors or suppliers.
d. A reasonable doubt that the Contract can be completed for the balance then unpaid.
e. Damage to another contractor or third party, or to property. f. Failure of the Contractor to keep its work progressing in accordance with its progress schedule or maintaining current “As-Built” record drawings. g. The City’s costs for the Contractor’s failure to complete within the allowed time.
h. Cost of insurance arranged by the City due to cancellation or reduction of the Contractor’s insurance.
i. Failure of the Contractor to make proper submissions, as herein
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specified.
j. Failure to submit, revise, resubmit, or otherwise conform to the requirements herein for preparing and maintaining a construction schedule.
k. Payments due the City from the Contractor.
l. Reduction of Contract Amount because of modifications. m. The Contractor’s neglect or unsatisfactory prosecution of the work including failure to clean up.
n. Provisions of law that enable or require the City to withhold such payments in whole or in part.
o. Punchlist items.
When the above reasons for withhold amounts are removed, payment may be made to the Contractor for amounts withheld.
The City in its discretion may apply any withheld amount or amounts to the payment of valid claims. In so doing, the City shall be deemed the agent of the Contractor, and any payment so made by the City shall be considered as a payment made under the Contract by the City to the Contractor, and the City shall not be liable to the Contractor for such payment made in good faith. Such payments may be made without prior judicial determination of the claim or claims.
The City will render to the Contractor a proper accounting of such funds disbursed in behalf of the Contractor.
8.5 SUBSTANTIAL COMPLETION
When the Contractor considers that the Work is substantially complete, the Contractor shall notify the Construction Manager in writing. Upon receipt of the notification, the Construction Manager, the City and/or their authorized representatives will make inspection, to determine if the Work is sufficiently complete in accordance with the Contract Documents so the City can occupy or utilize the Work for its intended use. If items are found which prevent such use or occupancy, the Construction Manager shall notify the Contractor in writing of such items.
Upon the completion of such corrective work, the Contractor shall so notify the Construction Manager in writing. The Construction Manager shall inspect the Work to determine its acceptability for Substantial Completion and for determination of other items which do not meet the terms of the Contract. Upon verification that the project is substantially complete the Construction Manager shall prepare a Certificate of Substantial Completion. The Certificate shall establish the date of Substantial Completion and the responsibilities of the City and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, commencement of warranties required by the Contract Documents,
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and shall fix the time, not to exceed 60 days, within which the Contractor shall finish all items on the punch list accompanying the Certificate. When the preceding provisions have been approved by both the City and the Contractor, they shall sign the Certificate to acknowledge their written acceptance of the responsibilities assigned to them in such Certificate. By such acknowledgment, the Contractor agrees to pay the City’s actual costs including, but not limited to, charges for engineering, inspection and administration incurred due to the failure to complete the punchlist within the time period provided in the Certificate of Substantial Completion.
8.6 FINAL INSPECTION, NOTICE OF COMPLETION AND PAYMENT
Upon completion of the Work, and upon completion of final cleaning, the Contractor shall so notify the Construction Manager in writing. Upon receipt of the notification, the Construction Manager, the City and/or their authorized representatives will make the final inspection, to determine the actual status of the Work in accordance with the terms of the Contract. If materials, equipment, or workmanship are found which do not meet the terms of the Contract, the Construction Manager shall prepare a punch list of such items and submit it to the Contractor. Following completion of the corrective work by the Contractor, the Construction Manager shall notify the City that the Work has been completed in accordance with the Contract. Final determination of the acceptability of the Work shall be made by the City. After completion of the Work, but prior to its acceptance by the City, the last partial payment will be made to the Contractor in accordance with Paragraph 00700-8.2, Partial Payments, with the right to subtract therefrom any Liquidated Damages owed to City (provided that failure to subtract any portion of Liquidated Damages owed to City shall not be a waiver of City’s right to collect Liquidated Damages at any time thereafter).
After receipt of the last partial payment, but prior to acceptance of the Work by the City, the Contractor shall send a letter to the Construction Manager. The letter, pursuant to California Public Contract Code Section 7100, shall state that acceptance of the final payment described below shall operate as and shall be, a release to the City, the Construction Manager, the Design Consultant, and their duly authorized agents, from all claim of and/or liability to the Contractor arising by virtue of the Contract related to those amounts. Disputed Contract claims in stated amounts previously filed as provided in Paragraph 00700-7.3.2, Claims, may be specifically excluded by the Contractor from the operation of the release.
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Following receipt of all required submittals and the Construction Manager’s written statement that construction is complete and recommendation that the City accept the project, the City will take formal action on acceptance.
Within ten (10) days of the acceptance by the City of the completed Work embraced in the Contract, including the landscape maintenance, the City will submit to be recorded in the office of the County Recorder a Notice of Completion.
Thirty-five (35) days after recording the Notice of Completion of the Work involved in the Contract, the City will pay the Contractor in lawful money such sums of money as may be due the Contractor including all sums retained but excluding such sums as have previously been paid the Contractor. This payment will constitute the final payment to the Contractor under this Contract.
8.7 WARRANTY OF TITLE
No material, supplies, or equipment for the Work under this Contract shall be purchased subject to any chattel mortgage, security agreement, or under a conditional sale or other agreement by which an interest therein or any part thereof is retained by the seller or supplier. The Contractor warrants good title to all material, supplies, and equipment installed or incorporated in the Work and agrees upon completion of all Work to deliver the premises, together with all improvements and appurtenances constructed or placed thereon by the Contractor, to the City free from any claim, liens, security interest, or charges, and further agrees that neither the Contractor nor any person, firm, or corporation furnishing any materials or labor for any Work covered by this Contract shall have any right to a lien upon the premises or any improvement or appurtenances thereon.
9. EXISTING UTILITIES
9.1 GENERAL
Pursuant to Government Code Section 4216, et. seq., the Contractor shall notify the appropriate required notification center.
9.2 NOTIFICATION AND LOCATION
At least two (2) working days before performing any excavation work, the Contractor shall request the utility company to mark or otherwise indicate the location of their service. It shall be the Contractor’s responsibility to determine the exact location and depth of all utilities, including service connections, which have been marked by the respective utility company and which the Contractor believes may affect or be affected by the Contractor’s operations. If no pay item
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is provided in the Contract for this work, full compensation for such work shall be considered as included in the prices bid for other items of work.
9.3 DAMAGE AND PROTECTION
The Contractor shall immediately notify the Construction Manager and City of any damage to a utility.
The party responsible for the cost of repairing and/or relocating damaged utility shall be as follows:
Description Responsible Party
A. Utility mains delineated incorrectly on City’s plans City/Utility Company B. Utility mains delineated correctly on City’s plans but information provided incorrectly by utility company
Utility Company
C. Utility mains not shown on City’s plan Utility Company D. Utility mains incorrectly marked in the field by utility company
Utility Company
E. Utility mains correctly marked and/or delineated on
City’s plans
Contractor
F. Utility service laterals whether indicated or not
indicated on plans and whether correctly or
incorrectly shown on City’s plans.
Contractor
9.4 UTILITY RELOCATION AND REARRANGEMENT
The right is reserved to the City and the utility companies or their authorized agents to enter upon the Work area for the purpose of making such changes as are necessary for the rearrangement of their facilities or for making necessary connections or repairs to their properties. The Contractor shall cooperate with forces engaged in such work and shall conduct its operations in such a manner as to avoid any unnecessary delay or hindrance to the work being performed by such forces and shall allow the respective utilities time to relocate their facility.
The Contractor assumes responsibility for the removal, relocation, or protection of existing facilities wherein said facilities are identified by the Plans, field located by a utility company, or as provided for in the General Requirements. The Contractor shall coordinate with the Owner of utility facilities for the rearrangement of said facilities.
In the event that underground utilities are found that are not shown in the Contract Documents or are found to exist in a different location than shown in the Contract Documents, the Contractor shall: (1) notify the Construction Manager of the
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existence of said facilities immediately; and (2) take steps to ascertain the exact location of all underground facilities prior to doing work that may damage such facilities.
Requests for extensions of time arising out of utility rearrangement delays shall be determined by Construction Manager. In accordance with Government Code Section 4215 the Contractor shall not be assessed liquidated damages for delay in completion of the project, when such delay is caused by the failure of the City or utility company to provide for the removal or relocation of facilities for which they are the responsible party as defined in Paragraph 00700-9.3, Damage and Protection.
Where it is determined by the Construction Manager that the rearrangement of an underground main, the existence of which is not shown on the Plans, Specifications, or in the General Requirements, is essential in order to accommodate the contemplated improvement, the Construction Manager will provide for the rearrangement of such facility by other forces or by the Contractor in accordance with the provisions of Paragraph 00700-7.1, Change Orders.
When the General Requirements, Specifications, or Plans indicate that a utility is to be relocated, altered or constructed by others, the City will conduct all negotiations with the utility company and the work will be done at no cost to the Contractor.
Temporary or permanent relocation or alteration of utilities desired by the Contractor for its own convenience shall be the Contractor’s responsibility and it shall make arrangements and bear all costs.
***END OF SECTION***
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Project No. 26-PW-305 SECTION 00800-97
SECTION 00800
FEDERAL PROVISIONS AND REQUIREMENTS
Not Used
***END OF SECTION***
Las Animas Park Pickleball Courts
Project No. 26-PW-305 SECTION 00810-98
SECTION 00810
MODIFICATIONS TO GENERAL CONDITIONS
1. CONTRACT ADMINISTRATION
The following are designated:
1.1 Name of Construction Manager
Weston Hill, Senior Engineer
1.2 Name of Design Consultants
BFS Landscape Architects
Acies Engineering
3. DAMAGES FOR DELAYS
In accordance with the provisions of Paragraph 00700-6.5, Liquidated Damages, for the period of time that any portion of the work remains unfinished after the time fixed for completion in the Contract documents, as modified by extensions of time granted by the City, it is understood and agreed by the Contractor and the City that the Contractor shall pay the City $3,600 per day liquidated damages.
Liquidated Damages for Failure to Start Work
It is the City’s intent to have the work prosecuted as quickly as possible. This section shall apply to starting up the project or re-starting a project that has a mutually agreed to work stoppage. The Contractor shall diligently prosecute the work and be ready to start immediately upon receiving Notice to Proceed. The Contractor shall submit a project Schedule and said schedule shall be approved by the Engineer prior to commencement of the work. The Contractor shall start construction within 10 days of the Notice to Proceed. The contractor shall immediately re-start work on the date agreed to after a work stoppage. If the Contractor does not diligently prosecute the work after being notified that they are not diligently prosecuting the work or fails to start work within ten days of the Notice to Proceed or re-start work on the agreed upon date, this shall be considered an avoidable delay and the Contractor shall be charged Liquidated Damages for each day, regardless of the time it occurs within the Contract Period. The Contractor may at their option elect to be charged for each day of work or have the Contract Period reduced by one day, for each day making the contract end one day sooner for each day not worked.
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4. WEATHER DAYS
In accordance with the provisions of Paragraph 00700-6.4.2.c, Weather Delays, an allowance of zero (0) calendar days of weather caused delay is provided for in the time allowed for completion stated in Paragraph 2.0 above. Contract time extensions for weather caused delays will not be considered until this allowance is spent.
***END OF SECTION***
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Project No. 26-PW-305 SECTION 00820-100
SECTION 00820
LIABILITY AND INSURANCE REQUIREMENTS
1. INDEMNIFICATION
To the fullest extent permitted by applicable laws and regulations, the Contractor shall indemnify, defend and hold harmless the City, the Construction Manager, and their officers, directors, agents, and employees, against and from all liability or claims arising under, by reason of or incidentally to the Contract Documents and/or performance of the Work, but not from the sole negligence or willful misconduct of the City and/or the Construction Manager, or their agents, servants, or independent contractors who are directly responsible to the City or the Construction Manager. As used herein, the words liability or claims shall mean all liabilities, claims, costs, expenses, losses and damages, including without limitation actual attorneys’ fees and legal costs. Such obligations of the Contractor shall include but not be limited to the following:
A. Liability or claims resulting directly or indirectly from the negligence or carelessness of the Contractor or Contractors Agents in the performance of the Work, or in guarding or maintaining the same, or from any improper materials, implements, or appliances used in its construction, or by or on account of any act or omission of the Contractor or Contractors Agents; B. Liability or claims arising directly or indirectly from bodily injury, occupational sickness or disease, or death of the Contractors or a Subcontractors own employees engaged in the Work resulting in actions brought by or on behalf of such employees against the City and/or the Construction Manager; C. Liability or claims arising directly or indirectly from or based on the violation of any laws or regulations, whether by the Contractor or Contractors Agents; D. Liability or claims arising directly or indirectly from the use or manufacture by the Contractor or Contractors Agents in the performance of the Work of any copyrighted or uncopyrighted composition, secret process, patented or unpatented invention, article, or appliance, unless otherwise specifically stipulated in this Contract;
E. Liability or claims arising directly or indirectly from the breach of any warranties, whether express or implied, made to the City or any other parties by the Contractor or Contractors Agents;
F. Liabilities or claims arising directly or indirectly from the willful misconduct of the Contractor or Contractors Agents;
G. Liabilities or claims arising directly or indirectly from any breach by the Contractor or Contractors Agents of any terms, covenants or provisions contained in the Contract Documents.
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The Contractor shall reimburse the City and the Construction Manager for all costs and expenses (including but not limited to fees and charges of Construction Manager, architects, attorneys, and other professionals and court costs) incurred by said City and the Construction Manager in enforcing the provisions of this Paragraph 00820-1.0, Indemnification.
The indemnification obligation under this Paragraph 00820-1.0, Indemnification, shall not be limited in any way by any limitation of the amount or type of damages, compensation, or benefits payable by or for the Contractor or any such Subcontractor or other person or organization under Workers Compensation Acts, Disability Benefit Acts, or other employee benefit acts, or by the coverage of any insurance maintained by Contractor or any such Subcontractor.
All obligations of Contractor under the Contract Documents, including without limitation this Paragraph 00820-1.0, Indemnification to indemnify, defend and hold the City, the Construction Manager and any other persons or entities harmless, shall survive the acceptance of the Work by the City or the sooner termination of the Agreement.
Approval of any insurance contracts by the City does not relieve the Contractor or subcontractors from liability under Section 00820-1.0, Indemnification. The City will not be liable for any accident, loss, or damage to the Work prior to its completion and acceptance.
2. INSURANCE REQUIREMENTS
2.1 General
After award of Contract, the Contractor shall promptly obtain, at its own expense, all the insurance required by Paragraph 00820-2.0, INSURANCE REQUIREMENTS, and shall submit coverage verification for review and approval by the City upon execution of the Contract.
The Notice to Proceed with the Work under this Contract will not be issued, and the Contractor shall not commence work, until such insurance has been approved by the City. The Contractor shall not allow any subcontractors to commence work on its subcontract until all similar insurance required of the subcontractor has been obtained and verified by Contractor. Such insurance shall remain in full force and effect at all times during the prosecution of the Work and until the final completion and acceptance thereof.
The Notice to Proceed does not relieve the Contractor of the duty to obtain such insurance as required by Paragraph 00820-2.0 INSURANCE REQUIREMENTS.
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2.2 INSURANCE REQUIREMENTS FOR CONTRACTORS (with Construction Risks)
2.2.1 Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 0001).
2. Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto).
3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance.
4. Course of Construction insurance covering all risks of loss less policy exclusions. NOT REQUIRED ON THIS PROJECT.
5. Performance and Payment Bonds for the full amount of the contract.
2.2.2 Minimum Limits of Insurance
Contractor shall maintain limits no less than:
1. General Liability: (including operations, products and completed operations): $5,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer’s Liability: $1,000,000 per accident for bodily injury or disease.
4. Course of Construction: Completed value of the project with no coinsurance penalty provisions. NOT REQUIRED ON THIS
PROJECT.
2.2.3 Deductibles and Self-Insured Retentions
Ay deductibles or self-insured retentions must be declared to and approved by the City. The City may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense
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expenses within the retention.
2.2.4 Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
a. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG20 10 11 85), as a separate Owner’s and Contractor’s Protective Liability Policy, or on the City’s own form. b. For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or selfinsurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
c. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City.
Course of construction policies shall contain the following provisions:
1. The City shall be named as loss payee.
2. The insurer shall waive all rights of subrogation against the City.
2.3.1. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII- or otherwise acceptable to City.
2.3.2 Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause.
The endorsements should be on forms provided by the City or on other than
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the City’s forms, provided those endorsements or policies conform to the requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.
2.3.3 Subcontractors
Contractor shall require and verify all subcontractors maintain insurance subject to all of the requirements stated herein.
2.4 Workers’ Compensation Insurance
The Contractor shall take out and maintain during the life of the Contract, Worker’s Compensation and Employers’ Liability insurance providing coverage for any and all employees of Contractor:
a. The required policy shall provide coverage for Workers’ Compensation (Coverage ).
b. This policy shall provide coverage for One Million Dollars ($1,000,000) Employers’ Liability (Coverage B).
2.5 Builder’s Risk Insurance – NOT REQUIRED ON THIS PROJECT
2.5.1 Standard Coverage - The Contractor shall cause to be taken out, and maintain in the name of the City and the Contractor until final completion and acceptance of the project, Special Form (Course of Construction) Builder’s Risk Insurance including but not limited to coverage against loss of damage to the project by fire, lightning, wind, hail, aircraft, riot, vehicle damage, explosion, smoke, falling objects, vandalism, malicious mischief, collapse, and other such hazards as are normally covered by such coverage. Such insurance shall be in an amount equal to the replacement cost (without deduction for depreciation and subject to stipulated value in lieu of average clause) of all construction constituting any part of the work, excluding the cost of excavations, of grading and filling of the land, and except that such insurance may be subject to deductible clauses not to exceed $10,000 for any one loss. Such insurance will not cover loss or damage to the Contractor’s equipment, scaffolding or other materials not to be consumed in the construction of the project.
2.5.2. Earthquake and Flood Coverage - NOT REQUIRED ON THIS PROJECT
2.5.3 Subrogation - The City and Contractor hereby waive their rights of subrogation against each other provided the same does not prejudice coverage under the applicable policy. The Contractor shall obtain from all
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insurers a recognition that a waiver of subrogation endorsement for losses caused by fire or other perils to the extent covered by this insurance is provided. Contractor shall pay any extra premium required therefor.
2.6 Notices
Thirty (30) days prior written notice of cancellation shall be given to the City. Such notice shall be sent to:
Attn: Weston Hill
Public Works Department
Engineering Division
7351 Rosanna Street
Gilroy, CA 95020
2.7 Change in Terms
The Contractor shall provide immediate written notice to the City of any change in terms and conditions and/or reduction in the coverage of any nature to the insurance policies. The notice shall be sent to the location identified in Paragraph 00820-2.6.d, Endorsements. The Contractor shall be obligated to pay any extra premium for maintaining the insurance requirements specified herein.
2.8 Occupancy
The City reserves the right to occupy existing facilities under construction or to use or occupy parts of the Work as provided for in Paragraph 00700-3.5, City’s Right to Use or Occupy. Insurance policies shall not restrict or limit such use. ***END OF SECTION***
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Project No. 26-PW-305 SECTION 01010-106
DIVISION 1 - GENERAL REQUIREMENTS
SECTION 01010
SUMMARY OF WORK
1. WORK COVERED BY CONTRACT
The work includes furnishing all labor, materials, incidentals, and equipment necessary to construct six pickleball courts at Las Animas Veterans Park, including demolition and site preparation, grading, construction of six pickleball courts, concrete work, paving, striping and signage, fencing and gates, storm drainage system, stormwater treatment facility, water and irrigation system, lighting and associated electrical system, site furnishings, landscaping, and other minor site improvements, as indicated in these Plans and Specifications. The cost of all such incidental work shall be included in the various bid item prices and no additional or direct payment will be made therefor.
2. WORK SEQUENCE AND CONSTRAINTS
A. It is expected that a Notice to Proceed will be issued by the City for physical construction after the execution of the contract documents. However, WPCP and SWPPP preparation, project schedule, shop drawings, and various required submittals may be completed with a Partial Notice to Proceed issued by the City after the issued of Notice of Intent to Award and after the bid protest clock is expired.
B. All erosion control measures must be in place prior to the start of work.
C. Contractor shall coordinate work and schedule with City approved Special Events and ensure that the project site is thoroughly cleared, cleaned and safe for those events. The City reserves the right to ask the contractor to thoroughly clear and clean the project site for an approved Special Event within the project limits. The City shall notify the contractor at least ten (10) working days prior to the date of clearance and demobilization. All delays associated with this work are considered Excusable Delays and will not be compensable to the contractor. Requests for time extensions due to this delay will be acceptable to the City. All costs associated with this work shall be included in the mobilization bid item, no additional compensation will be made for this work.
3. ORDER OF WORK
The suggested order of work is listed below.
1. Install all protective measures for existing trees and site elements to remain and implement all erosion and sediment control measures.
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2. Perform site clearing, demolition, salvaging, abandonment, clearing and grubbing, and grading.
3. Complete trenching, installation, and backfill of proposed utilities, including water, irrigation, storm drainage, and electrical improvements.
4. Install foundations and posts for light poles, fencing, gates, relocated benches, relocated barbeques, electrical control cabinet, and net anchors.
5. Construct asphalt concrete slab (if bid alternate is not awarded).
6. Construct concrete curbing, sidewalks, and conventionally reinforced slab (if bid alternate is awarded).
7. Install light posts, furnishings, fencing, and miscellaneous surface features.
8. Perform fine grading and installation of bioretention soil mix, mulch, and sod.
9. Install plantings.
10. Final site stabilization and demobilization.
4. OCCUPANCY REQUIREMENTS
None
5. CITY FURNISHED MATERIALS
None
6. TRENCH EXCAVATION
Refer to Project Plans.
7. WORK UNDER OTHER CONTRACTS
None
8. CONTRACTOR'S WORK PERCENTAGE
The Contractor shall perform at least fifty (50) percent of the Contract bid amount, except that any designated “Specialty Items” may be performed by subcontract and the amount of any designated “Specialty Items” performed by subcontractor may be deducted from the original total contract price before computing the amount of work required to be performed by the Contractor with the Contractor’s own organization. This portion of work shall encompass the performance of work by the contractor’s forces and equipment and the procurement of materials and equipment by the Contractor.
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Project No. 26-PW-305 SECTION 01010-108
Subcontractors shall not be responsible for the performance of any work or procurement of materials and equipment within the above Contractor's work percentage allotment.
9. UNDERGROUND FACILITIES
The Contractor is responsible for coordinating all project documentation, including but not necessarily limited to the Contract Documents and existing record drawings for the determination of the location of all underground facilities.
The Contractor shall exercise care in all excavations to avoid damage to existing underground facilities. This shall include potholing or hand digging in those areas where underground facilities are known to exist until they have been sufficiently located to avoid damage to the facilities.
Prior to fabrication, the Contractor shall verify the location and elevations of existing underground facilities which the Contractor is connecting to.
No additional compensation shall be provided the Contractor for compliance with the provisions of Paragraph 01010-9.0, Underground Facilities, or for the damage and repair of facilities due to the lack of such care.
***END OF SECTION***
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Project No. 26-PW-305 SECTION 01025-109
SECTION 01025
MEASUREMENT AND PAYMENT
1. MEASUREMENT OF QUANTITIES
1.1. General - Measurements of the completed work shall be in accordance with, and by instruments and devices calibrated to United States Standard Measures and the units of measurement for payment, and the limits thereof, shall be made as shown on the Plans, Specifications, General Requirements, and Supplementary Conditions.
1.2 Units of Measurement - Measurements shall be in accordance with U.S.
Standard Measures. A pound is an avoirdupois pound. A ton is 2,000 pounds avoirdupois. The unit of liquid measure is the U.S. gallon.
1.3 Certified Weights - When payment is to be made on the basis of weight, the weighing shall be done on certified platform scales, or when approved by the Construction Manager, on a completely automated weighing and recording system. The Contractor shall furnish the Construction Manager with duplicate licensed weighmaster's certificates showing the actual net weights. The City will accept the certificates as evidence of the weights delivered.
1.4 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 method stipulated in the particular sections involved. In determining quantities, all measurements shall be made in a horizontal plane unless otherwise specified.
Material not used from a transporting vehicle shall be determined by the Construction Manager and/or inspector and shall be deducted from the certified tag.
When material is to be measured and paid for on a volume basis and it would be impractical to determine the volume, or when requested by the Contractor in writing and approved by the Construction Manager in writing, the material will be weighed and converted to volume measurement for payment purposes. Factors for conversion from weight measurement to volume measurement will be determined by the Construction Manager and shall be agreed to by the Contractor before such method of measurement of pay quantities will be adopted.
Full compensation for all expense involved in conforming to the above requirements for measuring and weighing materials shall be considered as
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included in the unit prices paid for the materials being measured or weighed and no additional allowances will be made therefor.
Quantities of material wasted or disposed of in a manner not called for under the Contract; or rejected loads of material, including material rejected after it has been placed by reason of failure of the Contractor to conform to the provisions of the Contract; or material not unloaded from the transporting vehicle; or material placed outside the lines indicated on the plans or given by the Construction Manager; or material remaining on hand after completion of the Contract, will not be paid for and such quantities will be deducted from the final total quantities. No compensation will be allowed for hauling rejected material.
2. DESCRIPTION OF BID ITEMS
A. GENERAL
Bid Items described in Section 00310 are presented to indicate major categories of the work for purposes of comparative bid analyses, payment breakdown for monthly progress payments and to comply with the California Labor Code relating to the price for sheeting, shoring, and bracing of excavations. Bid items are not intended to be exclusive descriptions of work categories and the Contractor shall determine and include in its pricing all materials, labor, and equipment necessary to complete each Bid Item (work phase) as shown and specified:
B. CONTRACTOR'S COST BREAKDOWN
Lump Sum Price Breakdown - For work to be performed for a lump sum price, the Contractor shall submit a price breakdown to the Construction Manager prior to the first payment and within ten (10) days after Notice to Proceed. The price breakdown, as agreed upon by the Contractor and the Construction Manager, shall be used for preparing future estimates for partial payments to the Contractor, and shall list the major items of work with a price fairly apportioned to each item.
Mobilization, overhead, bonds, insurance, other general costs and profit shall be prorated to each item so that the total of the prices for all items equal the lump sum price. At the discretion of the Construction Manager, mobilization, bonds and insurance costs may be provided for separately if accompanied by invoices to verify actual expenses.
The price breakdown shall be generally in the same format as the Contract specifications, divisions and subdivisions, with major items of Work listed individually. The price breakdown shall be by structure, civil, landscaping, or other logical division of work. The price breakdown for architectural, structural, mechanical, and electrical work shall include separate items for identifiable portions of the structures. The price breakdown shall include separate allowances for any
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testing and startup work required. Measurable approximate quantities of work performed by the Contractor or its subcontractors shall be provided. For quantities that are the sum total of several individual quantities, backup summaries shall be provided which list the individual descriptions and quantities. These summaries then will be used to determine the quantities of work in place in subsequent progress payment requests.
The above is a statement of the intent of the Contract Documents to provide a moderate level of detail, acceptable to the Construction Manager, to allow a fair and reasonable estimate to be made of the value of Work installed. The detail of the price breakdown must be sufficient to provide timely processing of the monthly progress payment request.
The price breakdown will be subject to the approval of the Construction Manager, and upon request, the Contractor shall substantiate the price for any or all items and provide additional level of detail, including quantities of Work. The price breakdown shall be sufficiently detailed to permit its use by the Construction Manager as one of the bases for evaluating requests for payments. The Construction Manager shall be the sole judge of the adequacy of the price breakdown.
C. BID ITEMS
Unit prices for all bid items shall include full compensation for furnishing all labor, materials, tools, equipment, staging, hauling, disposal, and incidentals for doing all the work involved and related incidental work.
Base Bid
1. Mobilization, Lump Sum
The unit price paid includes full compensation for furnishing all labor, materials, tools, equipment, and incidentals associated with all preparatory and operational work necessary to provide for: insurance; bonds; required permits and fees; submittals; mobilization; demobilization; shop drawings; project phasing; multiple move ins and move outs which are required to prosecute the work; work sequencing; staging; portable toilets; public notifications; posting of “No Parking” signs; cleanup and restoration of any damage to existing improvements; supervision; project management; project office; coordination of concurrent work with other contractors; schedules; meetings; preparing “asbuilt” plans or record drawings; clean up; repairs; the movement of personnel, equipment, supplies, and incidentals to and from the project site; the establishment of all other facilities necessary for work on the project; all other work and operations which must be performed or costs incurred prior to beginning work on the various contract items of work at the project site; and
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Project No. 26-PW-305 SECTION 01025-112
work and improvements called for or implied by the Contract Documents which are not included in the other bid items but are required to complete the Work.
Pre-demolition video is required to show existing conditions of adjoining construction, including finish surfaces, that might be misconstrued as damage caused by demolition operations. Lump sum per CA Public Contract Code Section 10264.
2. Construction Surveying, Lump Sum
The work shall include, but not be limited to, construction staking and marking required to establish the lines and grades to construct the project. Also included in this work item is referencing all necessary control points, setting benchmarks and performing all construction layout and reference staking necessary for the proper control and satisfactory completion of the project.
This bid item also includes protecting existing monuments, and replacing lost of damaged points/monuments.
3. Temporary Erosion and Sediment Controls, Lump Sum
The implementation, maintenance, and adjustment of erosion and sediment control measures per the approved CASQA BMP standards for the duration of the project, including daily inspection/maintenance, emergency measures as directed, and ensuring subcontractor compliance, and temporary BMP removal at the end of the project.
4. Construction Fencing, Gates, and Signs, Lump Sum
Furnish, install, maintain, and remove temporary fencing, gates, and signs to fully enclose the project’s limits of construction for the full duration of the project. Access control and site security shall be incidental to this bid item for the duration of the project.
5. Clear and Grub, Including Root Removal, Square Foot (Final Pay) This work includes the removal, staging, and off-haul and disposal (as necessary) of existing grass, surface vegetation (excluding trees), and the top 3 inches of topsoil within the limits of work shown on the Plans or as directed by the Engineer to a Class III Facility. All materials and soils removed and disposed of under this bid item will not be measured or paid for under the “Site Grading, Cut and Fill, Off Haul, and Disposal, Square Foot” bid item.
6. Demolish Existing Asphalt and Concrete, Square Foot (Final Pay) This work includes the removal, off-haul, and disposal of all materials within existing asphalt and cement concrete areas as needed to construct the proposed improvements to the grades specified. This also includes sawcut and root removal under pavement locations. Existing base rock below the grading plane may remain in place if approved by the Engineer.
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7. Relocate Existing Picnic Table, Each
This work includes the salvaging, staging, and re-installation of existing picnic tables, demolition and removal of existing foundations, and the construction of new foundations. Picnic tables shall be re-installed onto new foundations per plan.
8. Relocate Existing Barbeque, Each
This work includes the salvaging, staging, and re-installation of existing grills, demolition and removal of existing foundations, and the construction of new foundations. Grills to be re-installed onto new foundations per plan.
9. Tree Protection, Each
This work includes protection of all existing trees not designated for removal within the construction limit through installation and maintenance of protective fencing one foot beyond the dripline as shown on the plans, and any necessary careful pruning of roots or limbs to allow grading or excavation while maintaining tree health and stability. The work also includes temporary stabilization of tree root zones during excavation, locating structural roots, setting posts, attaching fencing fabric, installing signage, and maintaining all protective measures until stabilization of the project area.
10. Site Grading, Cut and Fill, Off Haul, and Disposal, Square Foot (Final Pay)
This work includes excavation, material staging and hauling, embankment and compaction, rough grading, and fine grading of the site’s entire limit of work, to the finish grades shown on the Plans and subgrades as necessary to facilitate construction, including cut and fill, removal, transport, and disposal of all excess soil and materials to a Class III Facility. Materials removed under “Clear and Grub” shall not be measured or paid for under this bid item. Soil testing and reporting for native and imported soil proposed to be compacted in place or used as backfill and then compacted shall be incidental to this bid item.
11. Relocate Existing Fence, Linear Feet (Final Pay)
This work includes the salvaging of existing fence, demolition of existing fence posts and foundations, re-installation of existing fence, and construction of new fence posts, foundations, and hardware, per plan.
12. Demolish Existing Storm Drain Structure, Each
Includes all work and materials necessary for the removal and disposal of existing storm drain structures. Work may include but not be limited to sand
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bedding backfill, Class II aggregate backfill, geotextile for drainage, excavation and backfill, construction staking, compaction, and off-haul and disposal of onsite soils from excavation operations.
13. Demolish Existing Storm Drainpipe, Linear Feet (Final Pay) Includes all work and materials necessary for the removal and disposal of existing storm drain pipe in conflict with proposed improvements. Work may include but not be limited to sand bedding backfill, Class II aggregate backfill, geotextile for drainage, excavation and backfill, construction staking, compaction, and off-haul and disposal of on-site soils from excavation operations.
14. Storm Drain Manhole, Frame, and Cover, Each
Includes all work and materials necessary for the installation of storm drain manholes, frames, and covers. Work may include but not be limited to sand bedding backfill, Class II aggregate backfill, geotextile for drainage, excavation and backfill, construction staking, compaction, and off-haul and disposal of onsite soils from excavation operations.
15. Storm Drain Catch Basin, Frame, and Grate, Each
Includes all work and materials necessary for the installation of storm drain catch basins, frames, and grates. Work may include but not be limited to sand bedding backfill, Class II aggregate backfill, geotextile for drainage, excavation and backfill, construction staking, and off-haul and disposal of on-site soils from excavation operations.
16. Storm Drain Overflow Structure, Frame, and Grate, Each Includes all work and materials necessary for the installation of storm drain overflow structures, frames, and grates. Work may include but not be limited to sand bedding backfill, Class II aggregate backfill, geotextile for drainage, excavation and backfill, construction staking, compaction, and off-haul and disposal of on-site soils from excavation operations.
17. BID ITEM DELETED
18. 12” SDR 26 PVC, Linear Feet (Final Pay)
Includes all work and materials necessary for the installation of 12” SDR 26 storm drain pipes. Work may include but not be limited to sand bedding backfill, Class II aggregate backfill, geotextile for drainage, excavation and backfill, construction staking, and off-haul and disposal of on-site soils from excavation operations.
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19. Bioretention Facility, Lump Sum
Includes all work and materials necessary for the installation of a bioretention facility per the plans and specifications. Work may include but not be limited to excavation and backfill, construction staking, installation of rock, bioretention soil mix, perforated pipes, cleanouts, and associated fittings, and off-haul and disposal of on-site soils, excavated from bioretention construction operations.
20. Complete Water System, Lump Sum
Includes the modification (including removal, furnishing, and installation) of domestic water and irrigation systems for the purpose of maintaining the existing use of the domestic water and irrigation system, if in conflict with proposed improvements, and the extension of the existing irrigation system to service all proposed plants and lawn, as shown per Plan. This includes new piping, fittings, connections, backfilling, compaction, and pressure testing of new facilities.
21. Complete Lighting and Electrical System, Lump Sum
Includes all work and materials necessary for the installation of 12” SDR 26 storm drainpipes. Work may include but not be limited to sand bedding backfill, Class II aggregate backfill, geotextile for drainage, excavation and backfill, construction staking, and off-haul and disposal of on-site soils from excavation operations. See plans for electrical specifications.
22. 4” Portland Cement Concrete Sidewalk, Square Foot (Final Pay) Includes all work and materials for removal, preparation, compaction, protection of existing improvements and substructures, forming, furnishing, placement, finishing, curing, concrete joints, protection, cleaning, sweeping, and disposal, as indicated in as indicated in the project plans and specifications.
23. 6” Portland Cement Concrete Sidewalk, Square Foot (Final Pay) Includes all work and materials for removal, preparation, compaction, protection of existing improvements and substructures, forming, furnishing, placement, finishing, curing, concrete joints, protection, cleaning, sweeping, and disposal, as indicated in as indicated in the project plans and specifications.
24. Hot Mix Asphalt (Type A) for Pickleball Courts, Ton (Final Pay) Includes all work and materials involved in furnishing and installing Hot Mix Asphalt (Type A) and as specified in the Standard Specifications, Plans, and as directed by the Engineer, including, the furnishing, placement, and compaction of the material.
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25. Hot Mix Asphalt (Type A) for Parking Lot, Ton (Final Pay) Includes all work and materials involved in furnishing and installing Hot Mix Asphalt (Type A) and as specified in the Standard Specifications, Plans, and as directed by the Engineer, including, the furnishing, placement, and compaction of the material.
26. Class II Aggregate Base, Cubic Yard
Includes all work and materials involved in furnishing and installing Class II aggregate base and as specified in the Standard Specifications, Plans, and as directed by the Engineer, including the furnishing, placement, and compaction of the material and the demolition, excavation, off-haul and disposal of existing materials.
27. Court Surfacing, Square Foot (Final Pay)
Includes the furnishing and installation of a durable, textured, color-infused acrylic coating system, including resurfacing base, emulsion primers, paint, and any additional materials necessary to fully coat and color the pickleball court foundation, per plan.
28. Concrete Flat Curb, Linear Foot (Final Pay)
Includes the construction of a reinforced 12” wide by 18” deep concrete curb, per plan.
29. 4' Wide Swing Gate, 8” High (Exterior Gates), Each
Furnish and install 4’ wide swing gates in 8’ high chain link fences, including foundations, per plan.
30. 4' Wide Swing Gate, 6” High (Interior Gates), Each
Furnish and install 4’ wide swing gates in 6’ high chain link fences, including foundations, per plan.
31. Chain Link Fence, 8’ High, Linear Foot (Final Pay)
Furnish and install 8’ high chain link fence, including foundations, posts, and hardware, per plan.
32. Chain Link Fence, 6’ High, Linear Foot (Final Pay)
Furnish and install 6’ high chain link fence, including foundations, posts, and hardware, per plan.
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33. BID ITEM DELETED
34. Chain Link Fence, 3’ High, Linear Foot (Final Pay)
Furnish and install 3’ high chain link fence, including foundations, posts, and hardware, per plan.
35. Pickleball Court Net, Posts, and Anchor, Each
Furnish and install pickleball court net, posts, and anchor, including foundations, per plan.
36. Custom Pickleball Court Entry Sign, Each
Furnish and install custom pickleball court entry sign, including mounting hardware, installed onto fence, per plan.
37. BID ITEM DELETED
38. Complete Landscape Improvements, Lump Sum
Includes the furnishing and installation of all plants, weed prevention fabric, and sod installation, per plan, and the watering and maintenance of plants until final project closeout.
39. Landscape 90 Day Maintenance Period, Lump Sum
Includes the maintenance of newly installed landscaping for a 90-day period following final project closeout. Work includes watering, fertilizing, pruning, weeding, replacement of dead or failing plants, repair or adjustment of irrigation systems as needed, and all other tasks required for the establishment of installed plantings.
40. Relocate Existing Electrical, Linear Foot
Includes the possible relocation of existing electrical conduit and all associated components of existing lighting per keynotes 10, 11, 12, and 13 on Sheet E100.
Work includes investigating existing underground electrical facilities, confirming depth of existing electrical conduit, and relocating existing electrical conduit closer to pathway as necessary if in conflict with existing utilities. The unit price per linear foot of conduit relocation shall include all associated costs including trenching, excavation, disposal, removal and patching/backfilling of existing surface, adjusting existing underground box to grade, and protecting all existing lighting and electrical feeder to remain.
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Bid Alternates
41. Conventionally Reinforced Concrete Slab, Square Foot (Bid Alternate #1) (Final Pay)
Includes the construction of a reinforced concrete slab, per plan.
42. Chain Link Fence, 6’ High, Linear Foot (Bid Alternate #2) (Final Pay) Furnish and install 6’ high chain link fence, including foundations, posts, and hardware, per plan.
43. Covered Cabana Bench, Each (Bid Alternate #3)
Furnish and install embedded, 8 foot wide, covered, 2-sided backrest Cabana bench, SunTrends Cabana Bench 8 or City-approved equivalent. Includes all mounting hardware, installed per manufacturer’s recommendations.
44. Wind Screen 8’ High, Square Foot (Bid Alternate #4) (Final Pay) Furnish and install 50% opacity vinyl wind screen onto exterior chain link fence.
45. Wind Screen 6’ High, Square Foot (Bid Alternate #5) (Final Pay) Furnish and install 50% opacity vinyl wind screen onto exterior chain link fence.
***END OF SECTION***
Las Animas Park Pickleball Courts
Project No. 26-PW-305 SECTION 01035-119
SECTION 01035
MODIFICATION PROCEDURES
1. CHANGES IN CONTRACT PRICE
Whenever corrections, alterations, or modifications of the work under this Contract are ordered by the Construction Manager and approved by the City and increase the amount of work to be done, such added work shall be known as extra work; and when such corrections, alterations, or modifications decrease the amount of work to be done, such subtracted work shall be known as work omitted.
The difference in cost of the work affected by such change will be added to or deducted from the amount of said Contract price, as the case may be, by a fair and reasonable valuation, which shall be determined in one or more of the following ways as directed by the Construction Manager:
a. By unit prices accepted by the City and stated in the Contract Documents; b. By unit prices subsequently fixed by agreement between the parties; c. By an acceptable lump sum proposal from the Contractor; or d. By Force Account (as described in Paragraph 01035-3.0, Force Account Payment), when directed in writing and administered by the City through its agents or representatives.
When required by the Construction Manager, the Contractor shall submit, in the form prescribed by the Construction Manager, an itemized breakdown with supporting data of the quantities and prices used in computing the value of any change that may be ordered.
The Construction Manager will review the Contractor's proposal for the change and negotiate an equitable adjustment with the Contractor. After there is an agreement the Construction Manager will prepare and process the Change Order and make a recommendation for action by the City. All Change Orders must be approved by the City in writing before the work can be authorized and the Change Order executed.
The prices agreed upon and any agreed upon adjustment in Contract Time shall be incorporated in the written order issued by the City, which shall be written so as to indicate an acceptance on the part of the Contractor as evidenced by its signature. By signature of the Change Order, the Contractor acknowledges that the adjustments to cost and time contained in the Change Order are in full satisfaction and accord, payment in full, and so waives any right to claim any further cost and time impacts at any time during and after completion of the Contract for the changes encompassed by the Change Order.
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2. NEGOTIATED CHANGE ORDERS
Under the methods described in Paragraph 01035-1.0b and 1.0c above, the Contractor shall submit substantiating documentation with an itemized breakdown of Contractor and subcontractor direct costs, including labor, material, equipment rentals, and approved services, pertaining to such ordered work in the form and detail acceptable to the Construction Manager. The direct costs shall include only the payroll cost for workers and foremen, including wages, fringe benefits as established by negotiated labor agreements or state prevailing wages, workers' compensation and labor insurance, and labor taxes as established by law. No other fixed labor burdens will be considered, unless approved in writing by the Construction Manager; the cost of materials used and equipment delivered and installed in such work as substantiated by appropriate documents; the cost of construction machinery and equipment based on fair rental or Cityship values acceptable to the Construction Manager as described in Paragraph 01035-3.0, Force Account Payment; and the cost of incidentals directly related to such work.
The direct costs shall not include any labor or office costs pertaining to the Contractor's managers or superintendents, its office and engineering staff and office facilities, or anyone not directly employed on such work, nor the cost of small tools as all such indirect costs form a part of the Contractor's overhead expense.
Under the method described in Paragraph 01035-1.0b and 1.0c the maximum percentage which will be allowed for the Contractor's combined overhead and profit will be:
a. For work by its own organization, the Contractor may add the following percentages:
Direct Labor 25 percent
Materials 15 percent
Equipment (owned or rented) 15 percent
b. For all such work done by subcontractors, such subcontractor may add the same percentages as the Contractor as listed in (1) above to its actual net increase in costs for combined overhead and profit and the Contractor may add up to ten (10) percent of the subcontractor's total for its combined overhead and profit.
c. For all such work done by subtier-subcontractors, such sub- subcontractors may add the same percentages as the Contractor as listed in (a) above to its actual net increase in costs for combined overhead and profit, and the subcontractor may add up to ten (10) percent of the sub-subcontractor's
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total for its combined overhead and profit. The Contractor may add up to five (5) percent of the subcontractor's total for its combined overhead and profit.
d. To the total of the actual costs and fees allowed hereinunder, not more than two (2) percent shall be added for additional bond and insurance other than labor insurance.
The above fees represent the maximum limits which will be allowed, and they include the Contractor's and all subcontractors' indirect home office expenses and all costs for cost proposal preparation.
When both additions and credits are involved in any one change, the combined overhead and profit shall be figured on the basis of the net increase, if any, for each area of work, i.e. direct labor, materials, equipment, and subcontractors. The amount of credit to be allowed by the Contractor to the City for any such change which results in a net decrease in cost will be the amount of the actual net decrease and a credit in accordance with the markups allowed under the use of the method described in Paragraph 01035-3.0, Force Account Payment. The Contractor shall not claim for anticipated profits on work that may be omitted.
3. FORCE ACCOUNT PAYMENT
If either the amount of work or payment for a Change Order cannot be determined or agreed upon beforehand, the City may direct by written Change Order or Field Order that the work be done on a force account basis. The term "force account" shall be understood to mean that payment for the work will be done on a time and expense basis, that is, on an accounting of the Contractor's forces, materials, equipment, and other items of cost as required and used to do the work. For the work performed, payment will be made for the documented actual cost of the following:
a. Direct labor cost for workers, including foremen, who are directly assigned to the force account work: Direct labor cost is the actual payroll cost, including wages, fringe benefits as established by negotiated labor agreements or state prevailing wages, workers' compensation and labor insurance, and labor taxes as established by law. No other fixed labor burdens will be considered, unless approved in writing by the City. b. Material delivered and used on the designated work, including sales tax, if paid for by the Contractor or its subcontractor.
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c. Equipment rental, including necessary transportation for items having a value in excess of One Thousand Dollars ($1,000.00).
d. Additional bond.
e. Additional insurance, other than labor insurance.
To the preceding costs, there shall be added the following fees for the Contractor, subcontractor, or sub-subcontractor actually performing the work:
A fixed fee not to exceed fifteen (15) percent of the costs of Items a, b, and c above.
To the total of the actual costs and fees allowed hereunder, not more than two (2) percent shall be added for additional bond and insurance as the cost of Items d and e above.
For work performed by an approved subcontractor, the Contractor may add to the total of the actual costs and fixed fees allowed under the preceding paragraph an additional fixed fee of five (5) percent of said total. No further compensation will be allowed for the Contractor's administration of the work performed by the subcontractor.
For work performed by a subtier-subcontractor, the subcontractor may add to the total of the actual costs and fixed fees allowed under the preceding paragraph an additional fixed fee of five (5) percent of said total. No further compensation will be allowed for the subcontractor's administration of the work performed by the subtier-subcontractor. The Contractor may add to the total of the actual costs and fixed fees allowed under this paragraph an additional fixed fee of five (5) percent of said total. No further compensation will be allowed for the Contractor's administration of the work performed by the subcontractor.
The added fixed fees shall be considered to be full compensation, covering the cost of general supervision, overhead, profit, and any other general expense. The above fixed fees represent the maximum limits which will be allowed, and they include the Contractor's and all subcontractors' indirect home office expenses and all costs for cost proposal preparation and record keeping.
The City reserves the right to furnish such materials and equipment as it deems expedient, and the Contractor shall have no claim for profit or added fees on the cost of such materials and equipment.
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Project No. 26-PW-305 SECTION 01035-123
For equipment under Item c above, rental or equivalent rental cost will be allowed for only those days or hours during which the equipment is in actual use. Payment shall be based on actual rental and transportation invoices but shall not exceed the rental rates for such equipment listed in the California Department of Transportation publication, “Labor Surcharge and Equipment Rental Rate,” which is in effect on the date upon which the work is performed. Owner-operated equipment shall not exceed the rates in the Previously Mentioned Rental Rate publication plus the labor costs as provided in Section 01035-4.1, Direct Labor.
The rental cost allowed for equipment will be understood, in all cases, to cover all fuel, lubricants, supplies, consumables, repairs, ownership and incidental costs.
No further allowances will be made for these items, unless a specific written agreement to that effect is made.
Prior to the commencement of force account work, the Contractor shall notify the Construction Manager of its intent to begin work. Labor, equipment and materials furnished on force account work shall be recorded daily by the Contractor upon report sheets furnished by the Construction Manager to the Contractor. The reports, if found to be correct, shall be signed by both the Contractor and Construction Manager, or inspector, and a copy of which shall be furnished to the Construction Manager no later than the working day following the performance of said work. The daily report sheet shall thereafter be considered the true record of force account work provided. If the Construction Manager, or inspector, do not agree with the labor, equipment and/or materials listed on the Contractor's daily force account report, the Contractor and Construction Manager, or inspector, shall sign-off on the items on which they are in agreement. The Construction Manager shall then review the items of disagreement and will advise the Contractor, in writing, of its determination. If the Contractor disagrees with this determination, it shall have the right to file a claim notice as provided in Paragraph 00700-7.3.2.1, Notice.
The Contractor shall maintain its records in such a manner as to provide a clear distinction between the direct costs of work paid for on a force account basis and the costs of other operations.
To receive partial payments and final payment for force account work, the Contractor shall submit, in a manner approved by the Construction Manager, detailed and complete documented verification of the Contractor's and any of its subcontractor's actual costs involved in the force account pursuant to the pertinent Change Order or Field Order. Such costs shall be submitted within thirty (30) days after said work has been performed. No payments will be made for work billed and submitted to the Construction Manager after the thirty (30) day period has
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expired.
The force account invoice shall itemize the materials used and shall cover the direct costs of labor and the charges for equipment rental, whether furnished by the Contractor, subcontractor, or other forces. The invoice shall be in a form acceptable to the Construction Manager and shall provide names or identifications and classifications of workers, the hourly rate of pay and hours worked, and also the size, type, and identification number of equipment and hours operated.
Material charges shall be substantiated by valid copies of vendor's invoices.
When both additions and credits are involved in any one change, the combined overhead and profit shall be figured on the basis of the net increase, if any. The amount of credit to be allowed by the Contractor to the City for any such change which results in a net decrease in cost will be the amount of the actual net decrease and a credit in accordance with the markups allowed under the use of the method described in this Section. The Contractor shall not claim for anticipated profits on work that may be omitted.
4. UNIT PRICE ADJUSTMENTS DUE TO INCREASED OR DECREASED QUANTITIES The unit prices as stated in the bid form and as negotiated in Change Orders shall apply to one hundred (100) percent of the quantity indicated to be estimated quantity for the bid item, plus or minus twenty-five (25) percent. Adjustments in unit prices will be made in accordance with Section 4-1.05, Changes and Extra Work, of the 2022 State of California, Department of Transportation Standard Specifications, with the following modifications:
a. Delete all references to "Section 9-1.04" and insert "Paragraph 01035-3.0, FORCE ACCOUNT PAYMENT".
5. TIME EXTENSIONS FOR CHANGE ORDERS
If the Contractor requests a time extension for the extra work necessitated by a proposed Change Order, the request must comply with the applicable requirements of Paragraph 01310-6.0, TIME IMPACT ANALYSES. ***END OF SECTION***
Las Animas Park Pickleball Courts
Project No. 26-PW-305 SECTION 01050-125
SECTION 01050
FIELD ENGINEERING
1. DATUM
Where applicable, elevation datum for this Project is based on the Project benchmark shown on the Drawings. All connections shall be installed based on actual elevations of existing structures to which connections are made.
2. LINES AND GRADES
The Contractor shall lay out all work, including structures and pipelines, and shall be responsible for any errors resulting therefrom. In all questions arising as to proper location of lines and grades, the Construction Manager's decision will be final.
As part of the bid price for the construction of the improvements the Contractor shall provide and be responsible for the layout of all work on this project. The Contractor shall provide all necessary surveys, field staking, and positioning for the construction of all components at the proper alignment, elevations, grades, and positions, as indicated on the Drawings and as required for the proper operation and function. The Contractor shall stake the work limits.
The Contractor's layout shall be based on existing structures, survey control and benchmarks established by the City.
The Contractor shall supply such labor as required, at no extra charge, to aid and assist the Construction Manager in checking location and grades of the work as set by the Contractor, if requested by the Construction Manager. This shall include moving materials and equipment located between monuments and the construction work.
3. POTHOLING
Potholing shall be undertaken as necessary to determine the existing utility elevation where new pipe installation is suspected of conflicting with existing utilities, and to confirm size and material of existing utilities. Prior to new pipe installation, a maximum 1’-1- square hole shall be neatly cut in pavement areas and care not to disturb adjacent soils must be taken. The hole shall be excavated to expose the existing utility and the elevation, size, and material of the pipe shall be determined and provided to the Engineer. Recompact backfill in 2 to 3 inch lifts
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Project No. 26-PW-305 SECTION 01050-126
to 95% relative density. Replace pavement in kind so that no discontinuity in smooth surface results.
4. PAYMENT
Field Lay Out shall be included in the various bid items and no additional payment shall be allowed therefor.
Potholing shall be included in the various bid items and no additional payment shall be allowed therefor.
***END OF SECTION***
Las Animas Park Pickleball Courts
Project No. 26-PW-305 SECTION 01060-127
SECTION 01060
REGULATORY REQUIREMENTS
1. APPLICABLE CODESPer Plans and Specifications.
2. PERMITS, FEES AND LICENSES
All City permits will be paid by the City of Gilroy. Unless specifically stated to be provided by the City, Contractor shall apply for, obtain, and comply with all the terms, conditions and requirements attached to all permits, bonds and licenses required by local, state, or federal agencies to perform work, construct, erect, test and start-up of any equipment or facility for this Contract. Where operating permits are required, the Contractor shall apply for and obtain such operating permits in the name of the City and provide the permit in an appropriate frame or fileholder when the City accepts substantial completion of the equipment or facility. The Contractor shall give all notices necessary or incidental to the due and lawful prosecution of the work.
Any non-City permits, bonds, licenses and fees therefore required for the performance of work under this Contract and not specifically mentioned herein as having been obtained and paid by the City shall be included in the Contractor’s bid price.
The Contractor shall apply for and obtain in its name the necessary building, plumbing and electrical permits and shall be responsible for satisfying all code requirements, calling for inspections, and obtaining final approvals. The Construction Manager shall be notified in advance of all inspections. The Contractor shall comply with all construction conditions stipulated in the permits.
The Contractor shall include in its bid the fees for any non-City permits required.
The Contractor shall apply for and obtain all safety permits for excavations, tunneling, trenches, construction (building structure, scaffolding, or falsework) and demolition required by CAL/OSHA including but not limited to, the permits required by Labor Code Section 6500.
2.1 The following permits and certifications are required for construction of the project. Also shown is the permit status and who is responsible for paying the associated fee:
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Non-City Permit Status Responsible Party for Fee
2.2 Other permits required but not listed shall be the responsibility of the contractor to apply for and pay for.
***END OF SECTION***
Las Animas Park Pickleball Courts
Project No. 26-PW-305 SECTION 01090-129
SECTION 01090
REFERENCES
1. DEFINITIONS
Unless otherwise stated, the words directed, required, permitted, ordered, instructed, designated, applicable, appropriate, sufficient, proper, desirable, necessary, prescribed, approved, acceptable, satisfactory or words of like import, refer to actions, expressions, and prerogatives of the City, Design Consultant, or Construction Manager.
Masculine gender words include the feminine. References to gender, such as "workman" and "flagman" and the pronouns "he" or "his" referring to such titles, are abstract in the specifications, used for the sake of brevity are intended to refer to persons of either sex.
Singular words include the plural and "person" includes firms, companies, and corporations.
Where used in the Contract Documents, the following words and terms shall have the meanings indicated. The meanings shall be applicable to the singular, plural, masculine, and feminine of the words and terms.
Acceptance - The formal written acceptance by the City of an entire Contract which has been completed in all respects in accordance with the Contract Documents and any modifications thereof previously approved.
Act of God - An earthquake, flood, cyclone, or other cataclysmic phenomenon of nature. A rain, windstorm, high water, or other natural phenomenon, which might reasonably have been anticipated from historical records of the general locality of the work, shall not be construed as an Act of God.
Addenda - Written or graphic instruments issued prior to the bid which modify or interpret the Contract Documents, drawings, and specifications, by additions, deletions, clarifications, or corrections.
Agreement - The written document covering the performance of the Work as more fully described in the Contract Documents.
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Bid - The offer or proposal of the Bidder submitted on the prescribed form setting forth the price for the work to be performed.
Bidder - Any properly licensed and qualified individual, firm, partnership, corporation, joint venture, or combination thereof, submitting a proposal for the work contemplated, acting directly or through a duly authorized representative.
Bond(s) - Bid, Performance, or Payment Bonds and other instruments of surety, furnished by the Contractor and Contractor's surety in accordance with the Contract Documents.
Calendar Day - Any day including legal holidays, Saturdays and Sundays.
City - A public or quasi-public agency or authority, corporation, association, partnership, or individual for whom the work is to be performed. Under this contract, the City is identified by name in the agreement.
City's Representative - The person designated in writing by the City to act as its agent on specified matters relating to this Contract. The City's Representative is not the Construction Manager, but an employee of the City or other individual who has been designated to represent the City.
Construction Manager - The person designated, in writing, by the City to act as its representative at the construction site and to perform construction inspection services and administrative functions relating to this Contract.
Initial contact by the Contractor with the City shall be through the Construction Manager.
Contract Change Order - A written order to the Contractor, covering changes in the plans or quantities, or both, and establishing the basis of payment and time adjustments for the work affected by the changes. Also referred to as a Change Order.
Contract Documents - The words "Contract Documents" shall mean any or all of, the following items, as applicable:
Invitation to Bid
Instructions to Bidders
Bid Documents
Designation of Subcontractors
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Bid Guaranty Bond
Agreement
Acknowledgements
Performance Bond
Payment Bond
General Conditions
Maintenance Bond
Supplementary Conditions
Standard Specifications (Caltrans)
Technical Specifications
Drawings
Addenda, if any
Executed Change Orders, if any
Notice of Award
Notice to Proceed
Each of these items is to be considered by reference as part of the Contract Documents, also referred to as Contract.
Contract Price - The amount payable to the Contractor under the terms and conditions of the Contract based on the price given on the bidding schedule, with adjustments made in accordance with the Contract. The base amount given in the bidding schedule shall be either a lump sum bid or the summation of the unit price bids multiplied by the estimated quantities set forth in the bid form. Also referred to as Contract Amount or Contract Sum.
Contract Time - Number of calendar days stated in the Contract for the completion of the Work.
Contract Completion Date - The date on which the City accepts the work as being complete.
Contractor - The person or persons, firms, partnership, corporation, or combination thereof, who have entered with the City, as party or parties of the second part of its or their legal representatives.
Contractor’s Agents - All employees, agents, suppliers and subcontractors (at all tiers) of the Contractor and any other persons who are directly or indirectly employed by the Contractor or its subcontractors (at all tiers) or for whose acts they may be liable.
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Contractor's Plant and Equipment - Equipment, material, supplies, and all other items, except labor, brought onto the site by the Contractor to carry out the Work, but not to be incorporated in the Work.
Day(s) - Calendar Day(s) unless otherwise specified.
Direct - Action of the City or Construction Manager by which the Contractor is ordered to perform or refrain from performing work under the Contract.
Drawings - Refers to the Contract drawings, profiles, cross sections, elevations, details, and other working drawings and supplementary drawings, or reproductions thereof, signed by the Design Consultant, approved by the City, and are referred to in the Contract Documents, which show the location, character, dimensions, and details of the work to be performed. The terms drawing, plan and plans have the same meaning as the term drawings unless otherwise stated or specified.
Design Consultant - The engineer or architect designated by the City to have design control over the Work or a specified portion of the Work, acting either directly or through duly authorized representatives. Such representatives shall act within the scope of the particular duties delegated to them.
Final Pay Item - Bid item whose quantity shown on the Bid Item List is the quantity paid.
Field Directive - Written documentation of the actions of the City or Construction Manager in directing the Contractor. Also referred to as a Directive.
Field Order - A written instruction given to the Contractor authorizing work that is a change to the scope of work carried out on a time and material basis.
Float - Float or "total float" shall be defined as provided in the Associated General Contractors of America "CPM in Construction, A Manual for General Contractors".
Furnish - To deliver to the job site or other specified location any item, equipment, or material.
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General Conditions - Part of the Contract Documents representing the general clauses that establishes how the project is to be administered.
General Requirements - Part of the Contract Documents establishing special conditions or requirements peculiar to the work and supplementary to the General Conditions.
Herein - Refers to information presented in the Project Manual.
Holidays - Legal holidays designated by the City or specifically identified in the Contract.
Install - Placing, erecting, or constructing any item, equipment, or material.
Laboratory - The designated materials testing laboratory authorized by the City to test materials and work involved in the Contract.
Liquidated Damages - The amount prescribed in Paragraph 00700-6.5, Liquidated Damages, and Paragraph 00810-3.0, DAMAGES FOR DELAYS, to be paid to the City or to be deducted from any payments due or to become due the Contractor for each day's delay in completing the whole or any specified portion of the Work beyond the time allowed in the specifications.
Notice of Award - A written notice by the City to the Contractor informing it that the Contract has been awarded to the Contractor.
Notice to Proceed - The written notice by the City to the Contractor authorizing the Contractor to proceed with the Work and establishing the date of commencement of the Work.
Paragraph - For references or citation purposes, refers to the paragraph(s), called out by paragraph number and alphanumeric designator.
Person - Includes firms, companies, corporations, partnerships, and joint ventures.
Project - The undertaking to be performed under the provisions of the Contract.
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Project Manual - Those Contract Documents which are bound into one or more volumes prior to bidding.
Provide - Furnish and install, complete in place.
Punch List - List of incomplete items of work and of items of work which are not in conformance with the Contract.
Shall - Refers to actions by either the Contractor or the City and means the Contractor or City has entered into a covenant with the other party to do or perform the action.
Shown - Refers to information presented on the Drawings, with or without reference to the Drawings.
Site - The property as described in the General Conditions or as shown on the Drawings.
Specifications - That part of the Contract Documents consisting of the General Conditions, Supplementary Conditions, General Requirements, applicable State Standard Specifications, and Technical Specifications.
Specify - Refers to information described, shown, noted or presented in any manner in any part of the Contract.
State of California Specifications - The State of California Department of Transportation (Caltrans) Standard Specifications in effect at the time of advertising the Work. Also referred to as State Standard Specifications and Caltrans Standard Specifications, and Standard Specifications.
Subcontractor - A Subcontractor is a person or entity who has a direct contract with the Contractor to perform any of the Work at the Site. The term Subcontractor means a subcontractor or subcontractor's authorized representative. The term Subcontractor does not include any separate contractor or any separate contractor's subcontractors.
Submittals - The information which is specified for submission to the Construction Manager in accordance with the Project Manual.
Substantial Completion - Substantial Completion is the stage in the progress of the Work when the Work is sufficiently complete in accordance
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with the Contract Documents so the City can occupy or utilize the Work for its intended use.
Sub-subcontractor - A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform any of the Work at the Site. The term Sub-subcontractor means a sub-subcontractor or an authorized representative thereof.
Supplier - Any person, firm, corporation, or organization who supplies materials or equipment for the Work, including that fabricated to a special design, and may also be a Subcontractor or a Sub-subcontractor.
Surety - The person, firm, corporation, or organization that joins with the Contractor in assuming the liability for the faithful performance of the Work and for the payment of all obligations pertaining to the Work in accordance with the Contract Documents by issuing the Bonds required by the Contract Documents or by law.
Will - Actions entered into by the Contractor or the City as a covenant with the other party to do or to perform the action.
Work - The labor, materials, equipment, supplies, and other items necessary for the execution, completion, and fulfillment of the Contract.
Working Day - Any day, other than a holiday, Saturday or Sunday, on which the Contractor may proceed with regular work on the current controlling operation as determined by the Construction Manager toward the completion of the Contract.
2. ABBREVIATIONS
Whenever the following terms are used, the intent and meaning shall be as follows:
Abbreviations Stands For
AASHTO American Association of State and Highway and
Transportation Officials
AAMA Architectural Aluminum Manufacturers Association
ABMA American Boiler Manufacturers Association
ACI American Concrete Institute
ADC Air Diffusion Council
AGA American Gas Association
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AGMA American Gear Manufacturers Association
AISC American Institute of Steel Construction
AISI American Iron and Steel Institute
AMCA Air Moving and Conditioning Association
ANSI American National Standard Institute (formerly United States of America Standards Institute)
APA American Plywood Association
API American Petroleum Institute
AREA American Railway Engineers Association
ASCE American Society of Civil Engineers
ASHRAE American Society of Heating, Refrigerating and Air Conditioning Construction Managers
ASME American Society of Mechanical Engineers
ASTM American Society of Testing and Materials
AWPA American Wood-Preserver's Association
AWS American Welding Society
AWWA American Water Works Association
CAGI Compressed Air and Gas Institute CAL/OSHA State of California Department of Industrial Relations, Division of Industrial Safety
CBM Certified Ballast Manufacturers
CBR California Bearing Ratio
CI Chlorine Institute
CISPI Cast Iron Soil Pipe Institute
CMAA Crane Manufacturers Association of America
CPSC Consumer Products Safety Commission
CRA California Redwood Association
CRSI Concrete Reinforcing Steel Institute
CTI Cooling Tower Institute
DFPA Douglas Fir Plywood Association
EIA Electronic Industries Association
EP Encroachment Permit
EPA U.S. Environmental Protection Agency
ETL Electronic Testing Laboratory
FM Factory Mutual Insurance Company
FPS Fluid Power Society
FS Federal Specifications
GO 95 General Order No. 95, California Public Utilities Commission Rules for Overhead Electric Line Construction
HI Hydraulic Institute
HMI Hoist Manufacturers Institute
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IAPMO International Association of Plumbing and Mechanical Officials
IBR Institute of Boiler and Radiator Manufacturers
ICBO International Conference of Building Officials
IEEE Institute of Electrical and Electronic Engineers
IES Illuminating Engineering Society
IPCE International Power Cable Engineers Association
ISA Instrument Society of America
NAAMM National Association of Architectural Metal Manufacturers NBS National Bureau of Standards
NEC National Electric Code
NEMA National Electrical Manufacturers Association
NFPA National Fire Protection Association
NSF National Sanitation Foundation
NWMA National Woodwork Manufacturers Association
OSHA Occupational Safety and Health Act
PCMAC Prestressed Concrete Manufacturers Association of California
SMACNA Sheet Metal and Air Conditioning Contractors National Association
SSPC Structural Steel Painting Council TCA Tile Council of America
UBC Uniform Building Code
UPC Uniform Plumbing Code
UL Underwriters Laboratories
WCLIB West Coast Lumber Inspection Bureau
WIC Woodwork Institute of California
***END OF SECTION***
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Project No. 26-PW-305 SECTION 01200-138
SECTION 01200
PROJECT MEETINGS
1. PRE-CONSTRUCTION CONFERENCE
The Construction Manager will schedule a pre-construction conference and organizational meeting at the project site or other convenient location upon award and/or execution of the Contract and prior to commencement of construction activities. At the discretion of the Construction Manager, meetings may be in person or virtual meetings. Contractor shall be equipped to attend virtual meetings through the following platforms:
Zoom
WebEx
Microsoft Teams
1.1 Attendees
The City, Design Consultant, Contractor and its superintendent, invited subcontractors, and other concerned parties shall each be represented at the conference by persons familiar with and authorized to conclude matters relating to the work.
1.2 Agenda
The Construction Manager will prepare an agenda for discussion of significant items relative to contract requirements, procedures, coordination and construction.
2. PROGRESS MEETINGS
The Construction Manager will conduct progress meetings at the project site or other convenient location at regularly scheduled intervals which may be as frequent as weekly. Frequency of meetings are to be determined at the preconstruction conference. Meeting minutes will be taken by the Construction Manager and distributed accordingly. At the discretion of the Construction Manager, meetings may be in person or virtual meetings. Contractor shall be equipped to attend virtual meetings through the three platforms mentioned above.
2.1 Attendees:
The City, Construction Manager, and Contractor shall each be represented at these meetings. Attendance by Subcontractors, Suppliers and other entities is subject to issues and/or items of the agenda which may, or may not, require
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attendance.
2.2 Agenda:
Review, correct or approve minutes of the previous progress meeting. Review items of significance that could affect progress. Review/discuss topics as appropriate to the current and future status and/or needs of the project. Review the progress of the work in the preceding week and in the subsequent week, coordinate the work with public agencies or other Contractors as required, and allow the Construction Manager to plan its activities for testing, inspection, etc.
3. CONFERENCES
At any time during progress of the Work, the City and the Construction Manager shall have the authority to require the Contractor and any subcontractor, suppliers, or service providers to attend job-site conferences. Any notice of such conference shall be duly observed and complied with by the Contractor and subcontractors, suppliers, or service providers.
***END OF SECTION***
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Project No. 26-PW-305 SECTION 01300-140
SECTION 01300
SUBMITTALS
1. SUBMITTALS
Where the Contractor is required by these Specifications to make submittals, they shall be made according to General Requirements Section 01340, SHOP DRAWINGS, PRODUCT DATA AND SAMPLES.
The Contractor shall provide sufficient number of document for the following items:
Designation of Contractor's Representative
Cost Breakdown
Construction Schedule
Materials List
Substitutions List
Shop Drawings
Material Safety Data Sheets
Operation and Maintenance Manuals
Requests and Notices
Manuals and Instructions
Manufacturer's Affidavits
Affidavits on Patent Fees
Affidavit of Bills Paid
Warranty Data
Irrigation Plan
Water Pollution Prevention Plan
SWPPP
Others as Specified in the Technical Specifications
Where the Contractor is required by these Specifications to submit samples of products, the Contractor shall provide a sufficient number of physical samples to allow three (3) to be retained by the Construction Manager of all structural and architectural products involving color, finish, texture, or the like.
The city will be using Virtual Project Manager (VPM) as the electronic management system for the project. All communication including submittals, RFIs, and transmittals for the project will be conducted through VPM. Contractor shall have a designated person who is proficient in VPM. Licensing for VPM will be provided by the City of Gilroy. For more information, visit the following website:
https://www.virtual-pm.com/
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2. MATERIALS LIST
Within thirty-five (35) days after the Notice of Award, the Contractor shall submit a List of Materials to the Construction Manager for review. The List shall include all items of equipment and materials for mechanical, piping, architecture, electrical, heating and ventilating, equipment piping, and plumbing work; and the names of manufacturers with whom purchase orders have been or will be placed. Items on the List shall be arranged in the same order as in these Specifications, and shall contain sufficient data to identify precisely the items of material and equipment the Contractor proposes to furnish. The List shall include the Specifications or Drawing references. After the submission is favorably reviewed and returned to the Contractor by the Construction Manager, it shall become the basis for the submission of detailed manufacturer's drawings, catalog cuts, curves, diagrams, schematics, data, and information on each separate item for review as set forth in SECTION 01340, SHOP DRAWINGS, PRODUCT DATA, AND SAMPLES. The favorable review of shop drawings shall be obtained prior to the fabrication, delivery and construction of items requiring shop drawing submittal.
3. SEISMIC DESIGN AND ANCHORAGE OF EQUIPMENT AND OTHER APPURTENANT
FACILITIES
All pieces of electrical, mechanical, and instrumentation equipment and appurtenant facilities which are separately mounted or anchored shall be so designed and installed as to be in conformance to all requirements of the Uniform Building Code - for the edition adopted by the governing jurisdiction, both for vertical and lateral loading. This requirement applies, but is not limited to, such items as light fixtures, electrical and instrumentation panels, tanks, pumps, piping, pipe supports and hangers, generators, motors, fans, ventilating ducts and equipment, and other similar equipment or facilities. The applicable seismic zone for this project shall be as defined by the Uniform Building Code. All equipment or facilities within these Specifications or on the Drawings shall be designed and anchored to resist seismic forces appropriate for this seismic zone. Anchorage or restraints shall be so designed as to resist the code required forces acting in any direction. The design of the entire anchoring system, and the furnishing of any part of the anchoring system which must be integral with the equipment or facilities, shall be the responsibility of the manufacturer or supplier. The Contractor, working closely with the manufacturer or supplier, shall be responsible for furnishing or installing any anchors or restraints which are independent of the equipment or facilities. Examples, but not limited to those noted, are anchor bolts, restraining curbs, walls, or angles and similar items.
***END OF SECTION***
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Project No. 26-PW-305 SECTION 01310-142
SECTION 01310
PROJECT SCHEDULE
1. GENERAL
The base schedule shall be submitted within ten (10) days of Notice to Proceed and favorably reviewed by the Construction Manager before the first partial payment can be made.
The Contractor shall submit the schedule based on the Critical Path Method (CPM). The schedule shall indicate preceding activity relationships and/or restraints where applicable and a controlling path shall be indicated. The schedule shall be time scaled and shall be drafted to show a continuous flow from left to right. The construction schedule shall clearly show the sequence of construction operations and specifically list:
a. The start and completion dates of all work items.
b. The dates of submittals, procurement, delivery, installation and completion of each major equipment and material requirement.
c. Progress milestone events or other significant stages of completion. d. The lead time required for testing, inspection and other procedures required prior to acceptance of the work.
Activities shall be no longer than 10 workdays, except for submittals and delivery items.
If an activity takes longer, it shall be broken into appropriate segments of work for measurement of progress. This limitation may be waived, upon approval of the Construction Manager, for repetitious activities of longer durations for which progress can be easily monitored.
The Construction Manager shall review the Base Schedule and provide any comments, its favorable review of the schedule, or request a meeting to review the schedule with the Contractor within fifteen (15) days of receipt of the schedule. If requested, the Contractor shall participate in a review and evaluation of the proposed network diagrams and analysis by the Construction Manager. Any revisions necessary as a result of this review shall be resubmitted for review by the Construction Manager within ten (10) days. When completed, the favorably reviewed schedule shall then be the schedule to be used by the Contractor for planning, organizing, and directing the work, and for reporting progress. If the Contractor thereafter desires to make significant changes in its method of operating and scheduling, the Contractor shall notify the Construction Manager in writing stating the reasons for the change. Neither the Contractor nor the City shall own the “float”. To the
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extent that the favorably reviewed initial Construction Schedule, or revisions thereto, indicate anything not jointly agreed upon, it shall be deemed to be not favorably reviewed by the Construction Manager. Any omission of work from the detailed schedule, otherwise required for Contract compliance, will not excuse the Contractor from completing such work within any applicable completion date.
2. REPORTS
The following reports shall be submitted with the Base Schedule:
a. CPM Schedule: A CPM network report sorted by I-J or activity number which lists each activity description, early start and finish dates, preceding and succeeding activities and restraints, including lead/lag durations. The report shall show the critical path.
CPM network report sorted by total float.
CPM network report sorted by early start.
3. WEATHER CONDITIONS
Seasonal weather conditions shall be considered in the planning and scheduling of work influenced by high or low ambient temperatures or precipitation to ensure the completion of the Work within the Contract Time. No time extensions will be granted for the Contractor’s failure to take into account such weather conditions for the location of the Work and for the period of time in which the Work is to be accomplished.
The expected loss of working days specified in the Supplementary Conditions, Paragraph 00810-4.0, WEATHER DAYS, shall be included in a separate identifiable critical activity labeled “Weather Days Allowance” to be included at the end of the project schedule. When weather days are experienced, and are approved as such by the Construction Manager, the Contractor shall either:
a. Increase the duration of the current critical activity(ies) by the number of weather days experienced, or
b. Add a critical activity to the schedule to reflect the occurrence of the weather day(s).
The duration of the weather day allowance activity shall be reduced as weather days are experienced and included in the schedule. Any remaining weather days in the weather day allowance activity at the completion of the project shall be
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considered as float and shall not be for the exclusive use or benefit of either the City or Contractor.
4. UPDATES
4.1 Submittal Period
The Contractor shall submit at monthly intervals a report of the actual construction progress. Each monthly report shall cover a period of approximately thirty (30) days ending around the 30th of each month. The monthly reports shall be submitted within ten (10) days of the end of the reporting period.
The City will retain an amount equal to 25 percent of the estimated value of the work performed during each estimate period in which the Contractor fails to submit an acceptable schedule or schedule update conforming to the requirements of this section, as determined by the Engineer. Schedule retentions will be released for payment on the next monthly estimate for partial payment following the date that acceptable schedules are submitted to the Engineer or as otherwise specified herein. Retentions held in conformance with this section shall be in addition to other retentions provided for in the contract. No interest will be due the Contractor on retention amounts.
4.1.1 All Monthly Updates - All monthly updates shall include as a minimum:
a. Tabulation reports for the following sorts:
1. I-J [or Activity] Numbers
2. Total Float
3. Early Start
4. Logic report of proceeding and succeeding activities with all restraints indicated (precedence schedules
only)
b. Narrative Report - The report shall show the activities or portions of activities completed during the reporting period.
The report shall state the percentage of the work actually completed and scheduled, the remaining duration, and the progress along the critical path in terms of days ahead or behind the allowable dates as of the report date. Any changes made by the Contractor to the schedule, including I-J (or Activity) numbers and activity descriptions, shall be listed.