Agenda Item A.9
CPMS CONSENT CALENDAR
Meeting Date: December 5, 2023
____________________________________________________________ TO: Mayor and Councilmembers
FROM: Charles W. Ebeling, Public Works Director
CONTACT: Michael Winnewisser, Assistant Engineer
SUBJECT: Approval of Plans and Specifications , and Authorization to Advertise to Receive Bids for the Hollister Avenue Bike Path Lighting Project RECOMMENDATIONS:
A. Approve Plans and Specifications for the Hollister Avenue Bike Path Lighting Project; and
B. Authorize staff to advertise a notice inviting bids for the Hollister Avenue Bike Path Lighting Project.
BACKGROUND:
The City initiated a Capital Improvement Program (CIP) project titled the Hollister Class I Bike Path Project which constructed a Class I bike lane/multi -use path along the south side of Hollister Avenue from Pacific Oaks Road to west of Pebble Beach Drive. The project was completed, and the bike path was opened for use in November 2017. The Hollister Class I Bike Path Project did not include lighting for the bike path; however, the City added the Hollister Class 1 Bike Path Lighting Project (Project) to the City’s 5 -year CIP and identified as Project No. 9110. The Hollister Class I Bike Path Lighting Project Plans and Specifications documents are provided in Attachment 1 and 2.
In February 2019, Public Works Department staff (Public Works) submitted a Cycle 4 South Coast Safe Routes to School Program Measure A grant application for the Project.
On May 16, 2019, the Santa Barbara County Association of Governments (SBCAG) Board approved and awarded the Cycle 4 Measure A grant to the City for the Project in the amount of $424,397. On August 20, 2019, the City approved and executed a Cycle 4 Measure A Cooperative Agreement with SBCAG for the Project.
Dewberry Engineers Inc. (Dewberry) was selected from the City’s pre-qualified consultant list that was established through a Request for Qualifications (RFQ) process, and the City Council awarded a Professional Design Services Agreement to Dewberry on June 1, 2021.
1 Meeting Date: December 5, 2023
DISCUSSION:
The plans and specifications for the Project were prepared by Dewberry. The Project will provide lighting for the newly constructed Class I bike path from Pacific Oaks Road to the west of Pebble Beach Drive.
The plans and specifications for the project consist of the plan sheets and bid documents.
The full set of plans and contract specifications are available on the City website as part of this City Council agenda item. Public Works recommends that the City Council approve these plans and specifications and authorize staff to advertise for receipt of construction bids for the Project.
FISCAL IMPACTS:
The updated Engineer’s estimate for the total construction cost is approximately $1,265,000. T his includes $950,000 for construction cost, $95,000 in construction contingency, and $220,00 in construction management and staff time for construction and construction close out. The Project is funded by Measure A South Coast Bicycle and Pedestrian grant program funds as well as Measure A discretionary funding. The Conceptual Design and Environmental phases of the project were completed in 2017, as a part of the original Hollister Class I Bike Path Project. Table 1 below details the Hollister Class I Bike Path Lighting Project costs.
Table 1: Hollister Class I Bike Path Lighting Project Costs
Project Components Estimated
Costs Funding Source Funding
Amounts
Conceptual Design $5,000 Measure A (205) $329,328
Environmental $2,500 Measure A Grant
(206) $424,397
Final Design $106,355 Unfunded $625,130
Construction $1,265,000
Total: $1,378,855 Total: $1,378,855
Table 2 below summarizes the project budget amounts and funding source accounts available for project construction. Public Works staff will review the bid results and look at developing a funding strategy following award. Public Works staff will return to City Council with funding options, including the possibility of putting this project on hold, if additional funds cannot be identified.
2 Meeting Date: December 5, 2023
Table 2: Hollister Class I Bike Path Lighting Budget
Account Fund Type
FY 2022-23
Projected
Carryovers*
FY 2023-24
Adopted Budget
Available
Balance
205-90-9110-
57070
Measure A
(Design) $30,812 $0 $30,812
206-90-9110-
57070
Measure A
Grant (Design) $70,512 $0 $70,512
205-90-9110-
57071
Measure A
(Construction) $242,674 $45,000 $287,674
206-90-9110-
57071
Measure A
Grant
(Construction)
$336,672 $0 $336,672
Total $680,670 $45,000 $725,670
*FY 2022-23 CIP Budget shall be carried over in full to FY 2023-24
ALTERNATIVES:
The City Council may elect not to approve the plans and specifications for the project and not authorize the project to be bid. This would jeopardize the Measure A Grant funding which has a timely use of funds deadline for construction of June 30, 2024.
Reviewed By: Legal Review By: Approved By:
___________________ ___________________ _________________ Kristine Schmidt Megan Garibaldi Robert Nisbet
Assistant City Manager City Attorney City Manager
ATTACHMENTS:
1. Plans – Hollister Class I Bike Path Lighting Project
2. Specifications – Hollister Class I Bike Path Lighting Project
3 ATTACHMENT 1
Plans – Hollister Class I Bike Path Lighting Project
4 HIGHWAY 101
US Hwy 101
HOLLISTER Ave
ENTRANCE Rd
ELLWOOD
SCHOOL
PEBBLE BEACH Dr
CANNONGREEN Dr
PACIFICOAKS Rd
STORKE Rd
ELLWOOD
STATION Rd
GOLETA
TO SANTA BARBARA
TO SANTA MARIA
PACIFIC
OCEAN
SANTA BARBARA
COUNTY
SANTA BARBARA
SHORES Dr
PALO ALTO Dr
CORONADO Dr
LOWELL Wy
CITY OF GOLETA
PUBLIC WORKS DEPARTMENT
PROJECT PLANS FOR CONSTRUCTION
FROM ELLWOOD SCHOOL TO PACIFIC OAKS ROAD
IN THE CITY OF GOLETA
BEGIN CONSTRUCTION
END CONSTRUCTION
LIGHTING FOR CLASS 1 BIKE AND PEDESTRIAN
PATH ON HOLLISTER AVENUE FROM ELLWOOD
SCHOOL TO PACIFIC OAKS ROAD
5 2 3 4 8 7 9 10
16 17 18 19 20 21 22 23 25
SURVEY CONTROL POINTS SURVEY CONTROL POINTS
CP#
6 7
CAUTION
HIGH RISK UTILITY
CALL BEFORE YOU DIG
8 CALL BEFORE YOU DIG
CAUTION
HIGH RISK UTILITY
9 CALL BEFORE YOU DIG
CAUTION
HIGH RISK UTILITY
10 CALL BEFORE YOU DIG
CAUTION
HIGH RISK UTILITY
11 CALL BEFORE YOU DIG
CAUTION
HIGH RISK UTILITY
12 CALL BEFORE YOU DIG
CAUTION
HIGH RISK UTILITY
13 CALL BEFORE YOU DIGCAUTION
HIGH RISK UTILITY
14 15
16 17
18 ATTACHMENT 2
Specifications – Hollister Class I Bike Path Lighting Project 19 i
CITY OF GOLETA
CONTRACT BIDDING DOCUMENTS
SPECIFICATIONS AND STANDARD DRAWINGS
FOR THE
HOLLISTER AVENUE CLASS I BIKE PATH LIGHTING
Project No. 9110
Received By ________________________
Charles W. Ebeling, P.E. T.E
Public Works Director
The Engineers whose stamp and signature
appear herein are in responsible charge
of preparing these specifications.
Project Number: 9110
Bid Opening: October 26, 2023 @ 3:00 P.M.
For use with Greenbook Standard Specifications and Standard Plans Most Current Edition (including applicable amendments)
20 ii
This Page Intentionally Left Blank
21 iii
TABLE OF CONTENTS
This contract shall be in conformance with the Standard Specification for Public Works Construction, most current Edition (SSPWS or Greenbook) (including amendments current as of the date of the Notice Inviting Sealed Bids, which are incorporated by reference) and supplements with CALTRANS STANDARD SPECIFICATIONS, most current EDITION
SECTION
A. NOTICE INVITING SEALED BIDS.....................................................................................A-1
B. BIDDING INSTRUCTIONS.................................................................................................B-1
1. ATTACHMENT A TO BIDDING INSTRUCTIONS – EQUAL SUBSTITUTION REQUEST FORM…………………………………………………………………….........B-12
C. PROPOSAL ………………………………………………………………………………………C-1
BIDDING SHEET………………………………………………………………………………....C-4
D. CONTRACT……………………………………………………………………………………….D-1
1. CONTRACT…....…………………………………………………………………………….D-3
2. PERFORMANCE BOND FORM….……………………………………………………..…D-12
3. PAYMENT BOND FORM…………………………………………………………………..D-18
E. CITY GENERAL PROVISIONS..........................................................................................E-1 Section 1 – Definitions and Terms …………….………………………………………...….....E-1 Section 2 – Scope of Work ………………….……………………………………………….....E-2 Section 3 – Control of Work……………….……………………………………….……….......E-3 Section 4 – Control of Materials………………………………………………………...….......E-5 Section 5 – Legal Relations and Responsibilities…………………………………...………..E-5 Section 6 – Prosecution and Progress of the Work……………………………………….....E-7 Section 7 – Measurement and Payment…………………………………………………..…..E-10
Progress Payment Request Form…………………………………………………..…...E-10 Progress Payment Request – Detail Form................................................................E-11 Quantity Change Verification For………………………………………………………. E-11 Final Release Payment Form…………………………………………………………....E-11 22 iv
Post-Construction Waste Reduction & Recycling Summary Report Form...............E-18 Acknowledgement of Final Closeout and Release of Claims Form ………………...E-19 Section 8 – No Changes…………….…………………………………………………..….….E-13 Section 9 – Claim Resolution Process.……………………………………………………….E-13 Section 10-Potential Claims and Dispute Resolution………………………………………..E-14
F. CITY SPECIAL PROVISIONS………………………………………………………………….F-1
APPENDICES
A. Progress Payment
B. Caltrans TR-0157
C. Sample Door Hanger
D. Temporary No Parking Sign
E. Water Pollution Control Plan (WPCP)
F. Prevailing Wage Rates
G. Recycled Content Requirements
H. Standards
1. City of Goleta Standards / County of Santa Barbara Standard Plans
2. Green Book Standard Plans
23 SECTION A
NOTICE INVITING SEALED BIDS
24 A-1
SECTION A
NOTICE TO BIDDERS
NOTICE INVITING SEALED BIDS
FOR THE
HOLLISTER AVENUE CLASS I BIKE PATH LIGHTING
130 Cremona Drive, Suite B, City of Goleta, CA
PUBLIC NOTICE IS HEREBY GIVEN that the City of Goleta (“CITY”), invites sealed bids for the above stated project and will receive such bids via electronic transmission on the City of Goleta PlanetBids portal site until 3:00 P.M., October 26, 2023 and will be publicly opened and posted promptly thereafter.
The work includes all labor, material, supervision, plant and equipment necessary to construct and deliver a finished HOLLISTER AVENUE CLASS I BIKE PATH LIGHTING. Work includes installation of lighting at existing box locations, installation of new pull boxes, and removal and replacement of concrete associated with new installations.
A Pre-Bid Meeting is not scheduled for this project.
A project manual, including all Contract Documents and the Proposal forms for biddingon this project, may be obtained on-line from the Planet Bids Website https://pbsystem.planetbids.com.
All communications relative to this project shall be conducted through Planet Bids.
Bidders must be registered on the City of Goleta’s PlanetBids portal in order to receive addendum notifications and to submit a bid. Go to PlanetBids for bid results and awards. It is the responsibility of the bidder to submit the bid with sufficient time to be received by PlanetBids prior to the bid opening date and time. Allow time for technical difficulties, uploading, and unexpected delays. Late or incomplete bids will not be accepted.
The bid must be accompanied by a bid security in the form of a money order, a certified cashier’s check, or bidder’s bond executed by an admitted surety, made payable to CITY. The bid security shall be an amount equal to ten percent (10%) of the total annual bid amount included with their proposals as required by California law.
Note: All bids must be accompanied by a scanned copy of the bid security uploaded to PlanetBids. The original security of the three (3) lowest bidders must be mailed or submitted to the office of the City Clerk at 130 Cremona Drive, Suite B, Goleta, California 93117, in a sealed envelope and be received or postmarked within three (3) City business days after the bid due date and time for the bid to be considered. The sealed envelope should be plainly marked on the outside, “SEALED BID SECURITY FOR HOLLISTER AVENUE CLASS I BIKE PATH LIGHTING.”
25 A-2
The Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) per California Labor Code Section 1771.4, including prevailing wage rates and apprenticeship employment standards. Affirmative action to ensure against discrimination in employment practices on the basis of race, color, national origin, ancestry, sex, or religion will also be required. The CITY hereby affirmatively ensures that all business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract.
A contract may only be awarded to the lowest responsive and responsible bidder that holds a valid Class “A” Contractor’s license, Class “C” Electrical specialty, or specialty licensing in accordance with the provisions of the California Business and Professions Code.
All Bidders and Contractors, including subcontractors, shall have a current City business license before undertaking any work.
The successful Bidder will be required to furnish a Performance Bond and a Payment Bond each in an amount equal to 100% of the Contract Price. Each bond shall be in the forms set forth herein, shall be secured from a surety company that meets all State of California bonding requirements, as defined in Code of Civil Procedure Section 995.120, and that is a California admitted surety insurer.
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the DIR. No Bid will be accepted, nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the DIR to perform public work. If awarded a contract, the Bidder and its subcontractors, of any tier, shall maintain active registration with the DIR for the duration of the Project. Failure to provide proof of the contractor’s current registration pursuant to Labor Code Section 1725.5 may result in rejection of the bid as non-responsive.
Required Listing of Proposed Subcontractors: Each proposal shall list the nam e, address and Contractor license number of each subcontractor to whom the Bidder proposes to subcontract portions of the Work in an amount in excess of one- half of one percent (0.5%) of its total bid, in accordance with the Subletting and Subcontracting Fair Practices Act. The Bidder’s attention is invited to other provisions of said Act related to the imposition of penalties for a failure to observe its provisions by using unauthorized subcontractors or by making unauthorized substitutions.
Noncollusion Declaration: Bidders shall submit a properly completed and executed “Noncollusion Declaration” conforming to the City’s “Noncollusion Declaration.” Addenda: Proposals shall include all costs and account for all addenda issued prior to opening of bids. The Bidder is responsible for verifying that all issued addenda have been received. An addendum acknowledgment form for each addendum shall be included as part of the Proposal submittal.
Pursuant to Public Contract Code section 22300, the successful bidder may substitute certain securities for funds withheld by CITY to ensure performance under the Contract or, in the alternative, request the CITY to make payment of retention to an escrow agent 26 A-3
Any protest to an intended award of this contract shall be made in writing addressed to the City Clerk prior to the award. Any protest may be considered and acted on by the City Council at the time noticed for award of the contract. To request a copy of the notice of agenda for award, please contact the City Clerk (805) 961-7505 or register on the CITY’s website (www.cityofgoleta.org).
_______________________________
City Clerk, City of Goleta
Dated: ___________________________ Affidavits:____________ Published: ________________________
Published: Santa Barbara Independent: September 28 2023 and October 5, 2023 27 SECTION B
BIDDING INSTRUCTIONS
28 B-1
SECTION B BIDDING INSTRUCTIONS
1. DEFINITIONS. Unless provided otherwise, the definitions in the contract documents are applicable to all bidding documents.
1.1 “A ddenda” means written or graphic instruments issued by the City before the bid deadline that modify or interpret the bidding documents by additions, deletions, clarifications, or corrections.
1.2 “Alternate” means an amount stated in the Bid for which the Bidder offers to perform the Work described in the Bidding Documents as Alternate Work, to be added or deducted from the Total Base Bid, which shall be the Contractor’s responsibility if the City accepts the Alternate Bid Item.
1.3 “Bid Deadline” means the date and time designated in the notice inviting sealed bids as the last date and time for receipt of bids, as may be revised by addenda.
1.4 “Bidder” means a person or firm that submits a bid.
1.5 “ Bidding/Contract Documents” means the Contract, Addenda, Notice Inviting Sealed Bids, bidding instructions, Bid (including documentation accompanying the Bid and any post-bid documentation submitted prior to the Notice of Completion) when attached as an exhibit to the Contract, the Bonds, permits from jurisdictional regulatory agencies, Special Provisions, Plans, Standard Plans, Standard Specifications, Reference Specifications, Change Orders, and Supplemental Agreements.
1.6 “Contract Price” means the total aggregate amount of t he Contractor’s bid price based on the estimated quantities listed in the Bidding Sheet as set forth in the award of the Contract approved by the City Council, subject to adjustment for variances in quantities and changes pursuant to Change Orders executed in accordance with the Contract Documents.
1.7 “Inspector” means the person designated by the engineer to ensure specification compliance.
1.8 “Total Base Bid” means the sum stated in the bid for which bidder offers to perform the Work described in the bidding documents, but not including alternates.
1.9 “ Unit or Contract Unit Price” means an amount entered in the bid by bidder or a “Contract Item” price established by the City in the bid, as a price per unit of measurement for payment for materials, equipment or services including taxes, supervision, overhead and profit for a portion of the work described in the Contract Documents.
29 B-2
2. BIDDER’S REPRESENTATIONS.
By making its bid, bidder represents that:
2.1 Bidder has read, understood, and made the bid pursuant to the requirements in the Contract Documents.
2.2 The Bidder, at its sole cost and expense, has carefully examined the Contract Documents and visited the Project site to become fully acquainted with the local site conditions affecting the Work to be performed including transpor tation, disposal, handling, and storage of materials.
2.3 The bid and the Contract Unit Prices bid are based upon the labor, materials, equipment, and systems required by the Contract Documents.
2.4 Bidder and all subcontractors, regardless of tier, have the appropriate registrations and current licenses issued by the State of California Contractor’s State License Board and Department of Industrial Relations (DIR) for the Work to be performed.
If bidder is a joint venture, the bidder will have a joint venture license appropriate for the performance of the Work, and each member of the joint venture will likewise have the appropriate license. Business and professions code §§ 7000- 7191 establish licensing requirements for contractors. If a bidder, that is a specialty contractor, submits a bid involving 3 or more specialized building trades, the Work of which is more than incidental and supplemental to the performance of the Work for which bidder holds a specialty contractor license, bidder must also hold either (1) a specialty contractor “C” license in each such trade or (2) a general engineering contractor “A” license. This requirement is applicable whether or not bidder lists a subcontractor for each such trade.
2.5 Bidder shall have the expertise, including the Responsible Managing Officer (RMO) for the Contractor Company, demonstrating a minimum of three (3) years' experience successfully performing projects of the same type, magnitude, and character of the work bid, and financial capacity to perform and complete all obligations under the Contract Documents.
2.6 T he person executing the bid form is duly authorized and empowered to execute the bid form on bidder’s behalf.
2.7 Bidder is aware of and, if awarded the contract, will comply with legal requirements in its performance of the Work.
2.8 Bidder is aware of and, if identified as the apparent lowest responsible bidder, would be required to pay City business license fee(s).
2.9 Bidder shall not damage or endanger and shall preserve and protect adjacent properties.
30 B-3
2.10 Bidder has familiarized itself with the staging and material storage constraints of the Project site and surrounding buildings and will confine its staging and storage operations to private property at its own expense.
2.11 Bidder will coordinate its construction activities with the other contractors and utility companies performing work on the Project site, if any, including, but not limited to, any separate contractor retained by the City, in order to prevent delays.
2.12 Bidder has checked the figures set forth in the bid schedule and understands that neither the City nor any officer or employee therefore will be responsible for any misunderstandings, errors, or omissions on the part of the Bidder in submitting its Bid. The failure of a Bidder to receive or examine any of the Bidding Documents or to inspect the site shall not relieve such Bidder from any obligation with respect to the Bid, the Contract, or the Work required under the Contract Documents.
2.13 B idder shall cooperate with and notify the local police and fire departments, Refuse, ambulance services, Transit, and Public Works Street Division of proposed construction operations two (2) days before work is to begin and shall be responsible to notify and coordinate their schedule with schools and their schedule that may be in or adjacent to the projects area.
3. CONTRACT DOCUMENTS.
3.1. Bidders may obtain complete sets of the Contract Documents from PlanetBids, the City of Goleta website, or the City’s Public Works Department for the sum stated in the notice inviting sealed bids.
3.2. Bidders will use a complete set of Contract Documents in preparing bids.
3.3. The City makes copies of the Contract Documents available, on the above terms, for the sole purpose of obtaining bids for the Work and does not confer a license or grant permission for any other use of the Contract Documents.
3.4. The City does not assume any liability or responsibility based on any defective or incomplete copying, excerpting, scanning, faxing, downloading, or printing of the Bidding Documents.
31 B-4
4. INTERPRETATION OR CORRECTION OF BIDDING DOCUMENTS.
1. Before submitting its bid, bidder will carefully study and compare the various documents comprising the Contract Documents and compare them with any other work being bid concurrently or presently under construction which relates to the Work for which the bid is submitted; will examine the project site, the conditions under which the Work is to be performed, and the local conditions; and will at once report to the City’s representative errors, inconsistencies, or ambiguities discovered. The drawings and specifications contained in these Contract Documents do not constitute a representation or warranty that any conditions shown therein actually exist . All soil and test hole data, groundwater elevations, and soil analyses shown on the Plans or included in the Special Provisions apply only at the location of the test holes and to the depths indicated.
2. Bidder requests for clarification or interpretation of the Contract Documents will be addressed to the City’s representative at least five (5) calendar days before the bid deadline.
3. Clarifications, interpretations, corrections, and changes to the Contract Documents will only be made by addenda. Purported clarifications, interpretations, corrections, and changes to the Contract Documents made in any other manner will not be binding and bidders will not rely upon them.
5. PRO DUCT SUBSTITUTIONS.
5.1 No requests for product substitutions will be considered before award of contract unless requested through the Request for Information (RFI) process so that all bidders will be informed. Bidders wishing to obtain authorization for an or equal substitution of an equivalent material, product or equipment, shall submit all requests for or equal substitution using the form included as Attachment A to these Bidding Instructions, together with data substantiating Bidder’s representation that the non-specified item is of equal quality to the item. Requests for product substitutions not handled through the RFI process will only be considered after award of the contract and in the manner provided for in the contract documents. Authorization of an equal substitution of equivalent materials is solely within the discretion of the City and, if given, shall be made by Addendum or Change Order issued by the City. Bids shall not be based on any or equal substitution request that has not been authorized in writing by City Addendum. In the absence of a written Addendum authorizing a pre-Bid or equal substitution request, the request shall be deemed denied.
6. SUBCONTRACTORS.
6.1. Each bidder will list in the bid form all first-tier subcontractors that will perform work, labor or render such services in excess of ½ of one percent of the total bid of the total bid or $10,000, whichever is greater. The bid form contains spaces for the following information when listing subcontractors: (1) work activity; (2) name of subcontractor; (3) city of subcontractor’s business location; (4) California contractor’s license number , and (5) DIR public works contractor registration number. An inadvertent error in listing the California contractor ’s license number or public works contractor registration number shall not be grounds for filing a bid 32 B-5
protest or grounds for considering the bid nonresponsive if the corrected contractor's license number is submitted to the City by the Bidder within 24 hours after the bid opening and provided the corrected contractor's license number corresponds to the submitted name and location for that subcontractor. Failure to list any of these other items on the bid form will result in the City treating the bid as if no subcontractor was listed for the work and that bidder represents to the City that it is fully qualified to perform that portion of the Work and will so perform such Work.
6.2. S ubstitution of subcontractors after the bid deadline who are listed in the bid form will only be allowed with the City ’s written consent and in accordance with California law.
7. ADDENDA.
7.1. Before the Bid Deadline, the City may modify the Work, the Bidding Documents or any portion(s) thereof by the issuance of written addenda. Addenda will be in writing and issued only by the City.
7.2. Bidders must be registered on the City’s PlanetBids portal t o receive addendum notifications. Addenda will be posted on the PlanetBids portal.
7.3. Copies of addenda will be made available for inspection at the City’s Public Works Department.
7.4. The City will issue addenda so that they are received by prospective bidders not less than three (3) business days before the bid deadline. Addenda that withdraw the request for bids or postpone the bid deadline may be issued any time before the bid deadline.
7.5. Each bidder is responsible for ensuring that it has received all issued addenda before submitting a bid. All bidders are required to acknowledge and confirm receipt of each and every addendum in their Bid Proposal Form. Failure to acknowledge all Addenda may result in a Bid being deemed nonresponsive and not eligible for award of the Contract.
8. NOT USED
9. FORM AND STYLE OF BIDS.
9.1. Bids will be submitted on the bid form included with the Contract Documents. Bids not submitted on the City’s bid form will be rejected. All blanks on the bid form will be filled in legibly.
9.2. Bidder’s failure to submit a price for any alternate or unit price will result in the bid being considered as non-responsive. If alternates are called for and no change in the lump sum base bid is required, enter “no change.”
9.3. Each bidder must fill out the “bidders statement of past contract disqualifications” form stating any and all instances of contract disqualifications due to a violation of 33 B-6
a law or safety regulation. The bidder must explain the circumstances of each disqualification.
9.4. Bidder will make no stipulations on the bid form nor qualify the bid in any manner.
9.5. The bids will be based upon full completion of all the Work as shown on the plans and specifications. It is expressly understood that the plans are drawn with as much accuracy as is possible in advance, but should errors, omissions or discrepancies exist in the plans which show conditions that vary from those encountered in construction, the bidder (if awarded the contract) specifically agrees to construct a completed Work ready for the use and in the manner which is intended.
9.6. The bid form will be signed by a person or persons legally authorized to bind bidder to a contract. Bidder’s representative will sign and date the declaration of eligibility to contract included in the bid form. Failure to sign and date the declaration will cause the bid to be rejected.
10. BID SECURITY.
10.1. Each bid must be accompanied by bid security, in the amount of 10% of the Total Base Bid on the base Contract Work, excluding any Alternate Bid Items , as security for bidder’s obligation to enter into a contract with the City on the terms stated in the bid form and to furnish all items required by the Contract Documents.
All bids must be accompanied by a scanned copy of the bid security uploaded to PlanetBids. The original security of the three (3) apparent lowest bidders must be mailed to the office of the City Clerk at 130 Cremona Drive, Suite B, Goleta, California 93117, in a sealed envelope and be received or postmarked within three (3) City business days of the bid due date and time for the bid to be considered.
The sealed envelope should be plainly marked on the outside identifying the names as shown in the notice inviting sealed bids.
10.2. If the apparent lowest responsible bidder fails to sign the contract and furnish all items required by the bidding documents within the time limits specified in these bidding instructions, the City may reject such bidder and select the next apparent lowest responsible bidder until all bids have been exhausted or the City may reject all bids. In the event the bid is rejected, such bidder will be liable for and forfeit to the City the amount of the difference, not to exceed the amount of the bid security, between the amount of the disqualified bid and the larger amount for which the City procures the Work. The City may also use the bid security to cover the cost of rebidding the project.
10.3. If a bid bond is submitted and an attorney-in-fact executes the bid bond on behalf of the surety, a notarized and current copy of the power of attorney will be affixed to the bid bond. The surety issuing the bid bond must be admitted to provide surety within the State of California.
10.4. The City will retain the bid security until the occurrence of one of the following:
34 B-7
10.4.1 All items required by the bidding documents have been furnished and the contract has been signed by the successful bidder and the City.
10.4.2 The specified time has elapsed during which bids may be withdrawn.
10.4.3 All bids have been rejected.
11. BID DELIVERY.
11.1 The bid form, bid security, and all other documents required to be submitted with the bid must be submitted via electronic transmission on the City of Goleta PlanetBids portal site.
11.2 Bidders must be registered on the City of Goleta’s PlanetBids portal in order to submit a bid. Go to PlanetBids for bid results and awards. It is the responsibility of the bidder to submit the bid with sufficient time to be received by PlanetBids prior to the bid opening date and time. Allow time for technical difficulties, uploading, and unexpected delays. Late or incomplete bids will not be accepted.
11.3 Bid Security shall be submitted in accordance with Section 10. “Bid Security” above and per the notice inviting sealed bids.
12. MODIFICATION OR WITHDRAWAL OF BID.
12.1. Bids may not be modified, withdrawn, or canceled within one hundred twenty (120) days after the bid deadline unless otherwise provided in any supplementary instructions to bidders. The bidder shall be prohibited from further bidding on the project and the bid bond shall be forfeited. The City, at its discretion, may award the bid to the next responsive and responsible bidder. In the event the next bidder refuses to enter into the contract, that bidder’s bid bond shall then be forfeited.
13. OPENING OF BIDS.
13.1 Bids submitted in the manner required by these instructions and received on or before the bid deadline will be opened publicly.
14. EVALUATION AND REJECTION OF BIDS.
14.1. Bidders will be evaluated for responsiveness and responsibility based on bid proposal information provided in the bid documents under “designation of subcontractors” and bidder’s references.”
14.2. A responsive Bid is a Bid that conforms, in all material respects, to these Instructions to Bidders. Non-responsive Bids will be rejected.
14.3. A responsible bidder means a bidder who has demonstrated the attributes of trustworthiness, quality, fitness, capacity, and experience to satisfactorily perform fully the requirements of the Contract Bidding Documents and the moral and business integrity and reliability that will assure good faith performance in the sole discretion of the County. Any determination of a bidder’s non-responsibility by the City shall be based on the fitness and capacity of the bidder to satisfactorily perform the obligations of the Contract, whether or not the bidder is qualified to 35 B-8
perform those obligations, whether or not the bidder is trustworthy, and such other bases as may be relevant.
14.4. In addition to other provisions of the Bidding Documents, upon the request of the City, a bidder whose Bid is under consideration for the award of the Contract shall promptly submit satisfactory evidence to City showing the bidder’s financial resources, experience in the field, and organization and other factors evidencing bidder’s ability to successfully execute and complete the Contract.
14.5. The City reserves the right to reject any or all bids and to waive discrepancies , irregularities, informalities, or any other error in the bid or bidding, when to do so seems to best serve the public interest. The right of the City to waive errors applies even if the Bidding Documents state that a discrepancy, irregularity, informality, or other error make a bid nonresponsive, so long as the error does not constitute a material error. The Ci ty reserve s the right, in its sole discretion, to: judge the bidder’s representations as stated in the Bid forms and any post-Bid information to determine whether or not bidder is qualified to perform the Work; be the sole judge regarding the suitability of the products, services, or supplies offered; to not purchase all items or the full quantity of each item listed in the Bid Item List; reject any or all Bids; waive any deficiencies, irregularities, or informalities in any Bids or in the bidding process; modify, cancel, or withdraw the Notice Inviting Sealed Bids; issue a new Notice Inviting Sealed Bids; suspend or abandon the Project; seek the assistance of outside technical experts in Bid evaluation; require a bidder to provide a guarantee (or guarantees) of the Contract by a third party; and not issue a Notice to Proceed after execution of the Contract. In submitting a Bid in response to the Notice Inviting Sealed Bids, the bidder is specifically acknowledging the City holds these rights. The Notice Inviting Seal ed Bids does not commit the Ci ty to enter into a Contract, to reject, in its sole discretion, all Bids, nor does it obligate the City pay for any costs incurred by bidders in preparation and submission of a Bid or in anticipation of a Contract . By submitting a Bid, the bidder disclaims any right to be paid for such costs.
14.6. The City may reject any bid not accompanied by the required bid security or any other item required by the bidding documents, or a bid which is in any other way materially incomplete, irre gular or not responsive to the bid request in the sole determination of the City.
15. AWARD.
A. The City may retain all bids for a period of one hundred twenty (120) days for examination and comparison, and to delete any portion of the Work from the contract.
B. The City may waive nonmaterial irregularities in a bid and will accept the lowest responsive bid from a responsible bidder as determined by the City.
C. The City will determine the low bidder on the basis of the total bid price in words on the bidding sheet as described on the bidding sheet. 36 B-9
D. City Staff will identify the apparent lowest responsive and responsible bidder and notify such bidder within one hundred twenty (120) days (unless the number of days is modified in any Addendum issued to bidders) after the Bid Deadline. Within fifteen (15) days after receiving the City’s written notice that bidder was identified as the apparent lowest responsible bidder, bidder will submit to the City all of the following items as required by the City:
15.4.1 Two originals of the contract signed by bidder.
15.4.2 One original of the payment bond.
15.4.3 One original of the performance bond.
15.4.4 Certificates of insurance and additional insured endorsements.
15.4.5 Copy of current city of Goleta business license certificate.
15.4.6 Names of all subcontractors, with their DIR registration number, license numbers, addresses, telephone number, facsim ile number and trade on bidders’ company stationery. Evidence, as required by the city, of the reliability and responsibility of the proposed subcontractors such as statements of experience, statements of financial condition, and references.
E. 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 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. This Project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations.
F. If bidder submits the two original signed contracts and all other items within fifteen (15) days after receiving the City’s notification, and all such items comply with the requirements of the bidding documents, the City will submit the bid to the City Council for award of Contract. Following City Council Award of Contract, the City will sign the contract and return a signed copy of the contract to bidder
16. NOTICE OF INTENT TO AWARD CONTRACT.
Following the opening of bids and determination of the lowest responsible Bidder, the City will issue a notice of intent to award the Contract, identifying the Bidder to whom the City intends to award the Contract. The award of the Contracts shall be made by the City Council.
17. PUBLIC RECORDS.
City seeks to conduct its business openly. Upon identification of the lowest responsive and responsible bidder and upon notifying such bidder, Bids shall be regarded as public, with the exception any elements of each Bid that are identified by the Bidder as business or trade secrets and plainly marked as “trade secret,” 37 B-10
“confidential,” or “proprietary.” Each element of a Bid which a Bidder desires not to be considered public must be clearly marked as set forth above; any blanket statement (i.e. regarding entire pages, documents, or other, non-specific designations) shall not be sufficient and shall not bind the City in any way whatsoever. If City receives a request from a third party to make a Bid available for inspection or copying, the Cit y will notify the Bidder of the request. If a Bidder instructs the City that the information is not to be released, City will withhold the information, provided, the Bidder expeditiously seeks a protective order from a court of competent jurisdiction to prevent such release. If disclosure is required by law (despite the Bidder’s request for confidentiality), the City shall not in any way be liable or responsible for the disclosure of such records or part thereof.
18. BID PROTEST.
Any registered Bidder may file a protest provided that each and all of the following are complied with:
18.1. The bid protest is in writing;
18.2. Protests based upon alleged defects or improprieties in the Bidding Documents are filed with the City prior to the Bid Deadline;
18.3. All other protests are filed and received by the City not more than five (5) calendar days following the date of City’s Notice of Intent to Award the Contract; and
18.4. The written bid protest sets forth, in detail, all grounds for the bid protest, including without limitation all facts, supporting documentation, legal authorities and argument in support of the grounds for the bid protest. All factual contentions must be supported by competent, admissible and credible evidence.
18.5. Any matters not set forth in the written bid protest shall be deemed waived. Any bid protest not conforming to the foregoing shall be rejected by the City as invalid.
38 B-11
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39 B-12
ATTACHMENT A – BIDDING INSTRUCTIONS
OR EQUAL SUBSTITUTION FORM
Project:
Location:
TO:
FROM:
1. Section, Paragraph and Page Number of Specification or Drawing to which this Request applies:
2. Item specified for which substitution is requested:
Name or Brand:
Manufacturer:
Catalog No.:
3. The proposed substitution is:
Name or Brand:
Manufacturer:
Catalog No.:
4. Contractor is required to provide product data for the proposed substitution consisting of the description of the product or item, reference standards and performance test data, together with substantiating data, supporting the claim that the non-specified product is equal to that specified. No substitution request will be considered by the City without a completed Substitution Request form and substantiating data. Contractor shall attach hereto complete technical data, including technical information, complete manufacturer’s catalogs, brochures and drawings, certified laboratory test reports and samples as applicable for the proposed substitution, installation and operating instructions, manufacturing warranties and other descriptive material. 40 B-13
5. Reasons for substitution request:
6. Detailed comparison of significant qualities and properties (size, weight, durability, performance and similar characteristics) including the visual effect where applicable, for the proposed substitution in comparison with original requirements includes (list detailed comparison with supporting data, use separate sheets if required):
7. Installation changes and changes to Drawings and Specifications required by the proposed substitution are (list all required changes, use separate sheets if required):
8. Does this substitution affect dimensions shown on Drawings?
Yes No
If yes, clearly indicate changes on each Drawing by Sheet No.:
9. List the effects of the proposed substitution on other parts of the Work or on separate contracts, including required changes in Drawings, dimensions, engineering and detailing costs and effect on other trades.
41 B-14
10. What effect does substitution have on applicable code requirements?
11. Identify differences between the proposed substitution and the specified item.
12. Attach a copy of manufacturer’s warranty, Manufacturer’s guarantees and warranties of proposed and specified items are:
Same
Different
(Explain on attachment.)
Manufacturer shall provide a letter stating the fitness for intended use, and performance equivalence with the specified item.
13. List the name and address of three similar projects (not necessarily installed by Contractor) on which the proposed product was used and date of installation:
(1) Name of Project:
Address:
Date of Installation:
(2) Name of Project:
Address:
Date of Installation:
(3) Name of Project:
42 B-15
Address:
Date of Installation:
14. Use of the substitution will cause the Contract Time to be:
Same
Different
(Explain on attachment.)
15. Use of the substitution will affect the critical path of the Construction Schedule as follows (identify any proposed adjustment to the Contract Time):
16. Reduction in the Contract Sum of $ will result from use of the substituted item.
17. Estimated cost of any engineering, design or agency fees required for work of all trades directly or indirectly affected by the substitution is: $ .
18. The date by which City must accept this Request in order for the time and cost estimates in Paragraphs 14 and 16 to remain valid is:
.
19. Contractor Affidavit. The undersigned, having thoroughly investigated the proposed substitution represents, certifies and declares, under penalty of perjury under the laws of the State of California that:
(1) Contractor has personally investigated the proposed substitution and determined that it is equal or superior in all respects to the material, product, thing or service specified except as specifically noted:
;
(2) Contractor will provide the same warranty and correction responsibility for the proposed substitution that the Contractor would have provided for that specified; (3) The cost data presented is complete and includes all related costs under this Contract except any redesign costs and agency fees;
43 B-16
(4) Contractor will indemnify City from and pay all redesign, engineering, detailing, special inspection costs and agency fees caused by the use of this substitution; (5) Contractor will coordinate the installation of the accepted substitution, making such changes as may be required for the Work to be complete in all respects. (6) Contractor waives all claims for additional costs relating to the substitution which may subsequently become apparent; and
(7) Contractor assumes all responsibility for and will indemnify City from and pay all direct or indirect costs and/or time impacts as a result of the use of the substitution.
Executed this _________ day of ________ 20__, at ___________, California.
(Type or print name)
Submitted by:
(Firm)
(Address)
For use by City:
___ Accepted ___ Accepted as noted
___ Not Accepted ___ Rejected as late
(By)
(Date)
44 B-17
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45 SECTION C
PROPOSAL
46 C-1
SECTION C PROPOSAL
BID PROPOSAL
FOR
HOLLISTER AVENUE CLASS I BIKE PATH LIGHTING
TO THE CITY OF GOLETA (“City”):
In accordance with City’s Notice Inviting Sealed Bids, the undersigned Bidder herby proposes to furnish all materials, equipment, tools, labor, and incidentals required for the HOLLISTER AVENUE CLASS I BIKE PATH LIGHTING as set forth in the Plans, Specifications, and Contract Documents, and to perform all work in the manner and time prescribed therein.
Bidder declares that this Bid is based upon careful examination of the Work site, Plans, Specifications, Bidding Instructions, and all other Contract Documents. If this Bid is accepted for award, Bidder agrees to enter into a contract with City at the unit and/or lump sum prices set forth in the following Bid Schedule. Bidder understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to City of the Bid Security accompanying this Bid.
Bidder understands that a Bid is required for the entire Work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing Bids, and that final compensation under the Contract will be based upon the actual quantities of Work satisfactorily completed. THE CITY RESERVES THE RIGHT TO INCREASE OR DECREASE THE AMOUNT OF ANY QUANTITY SHOWN AND TO DELETE ANY ITEM FROM THE CONTRACT per Sections 9 -1.06B and C . It is agreed that the unit and/or lump sum prices bid include all overhead, profit, appurtenant expenses, taxes, royalties, and fees. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amount, and words shall govern over figures.
If awarded the Contract, the undersigned further agrees that in the event of the Bidder’s default in executing the Contract and filing the necessary bonds and insurance certificates WITHIN FIFTEEN (15) WORKING DAYS, not including Saturdays, Sundays and legal holidays, after the City has mailed notice of the award of contract to the Bidder, the proceeds of the Bid Security accompanying this Bid shall become the property of the City and this Bid and the acceptance hereof may, at the City’s option, be considered null and void.
47 C-2
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48 C-3
BID PROPOSAL
HOLLISTER AVENUE CLASS I BIKE PATH LIGHTING
Bids will be received before 3:00 P.M. ,______________________________ , at the City of Goleta, City Hall Building, 130 Cremona Drive, Suite B, Goleta, CA 93117.
Questions regarding the Contract Documents, Specifications, Proposal or other Bidding Documents, shall be submitted in writing and emailed to [email protected].
The Project insurance requirements are per the Caltrans Standard Specifications, as modified by the City General Provisions contained herein.
Contract Time: 40 Working Days. Time is of the essence in the performance of this contract.
BIDDER SHALL COMPLETE:
Bidder’s Name
Street Address
City State Zip Code
Telephone Number Fax Number
E-mail
The following Addenda are acknowledged: Number Dated Initials (Bidder must fill in number and date of each
Addendum or may enter the word “none” if
appropriate)
BIDDERS Signature DATE
Tax I.D. Number
49 C-4
HOLLISTER AVENUE CLASS I BIKE PATH LIGHTING
BIDDING SHEET (Page 1 of 2)
The cost of all labor, material and equipment necessary for the completion of the work itemized, even though not shown or specified, shall be included in the unit or lump sum prices for the various items shown herein.
The City further reserves the right to reject any or all bids, to waive any informality or irregularity in any bid or the bidding procedure, and to delete any items of work in the award of contract. The City's decision on the bid amount is final.
Bidders must bid on all items in the Bid Schedule including the Supplemental and/or Alternative Bid Items in order for their bids to be complete. The award of contract will be based on the lowest responsive Base Bid only.
In the case of unit basis items, the amount set forth under the "Item Total" column (total base bid in words) shall be the product of the unit price bid and the estimated quantity for the item.
Bids on lump sum items are item totals. If a unit price of a lump sum item is entered and it differs from the item total, the item total prevails.
Entries are to be expressed in dollars or decimal fractions of a dollar. Symbols such as commas and dollar signs are ignored and have no significance in establishing unit price or item total.
Unit prices and item totals are interpreted by the number of digits and decimal placement. Do not round item totals or the total bid.
In case of discrepancy between the unit price and the total set forth for a unit basis item, the unit price prevails, except as provided in (a) or (b), as follows:
(a) If the amount set forth as a unit price is unreadable or otherwise unclear, or is omitted, or is the same as the amount of the entry in the item total column, then the amount set forth in the item total column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price; (b) (Decimal Errors) If the product of the entered unit price and the estimated quantity is exactly off by a factor of ten, one hundred, etc., or one- tenth, or one- hundredth, etc. from the entered total, the discrepancy will be resolved by using the entered unit price or item total, whichever most closely approximates percentage- wise the unit price or item total in the City's Final Estimate of cost.
If both the unit price and the item total are unreadable or otherwise unclear, or are omitted, t he bid may be deemed irregular. Likewise, if the item total for a lump sum item is unreadable or otherwise unclear, or is omitted, the bid may be deemed irregular unless the project being bid has only a single item and a clear, readable total bid is provided. .
50 C-5
SCHEDULE OF BID ITEMS (Page 1 of 2)
CONTRACT ITEM UNIT QUANTITY PRICE PRICE
1 PROGRESS SCHEDULE
(CRITICAL PATH METHOD)
LS
1 2 TRAFFIC CONTROL SYSTEM LS
1 3 JOB SITE MANAGEMENT LS
1 4 PREPARE WATER POLLUTION
CONTROL PROGRAM
LS
1 5 TEMPORARY CONCRETE
WASHOUT
EA
1 6 RESTORE LANDSCAPE AND
IRRIGATION
LS
1 7 CLEARING AND GRUBBING (LS) LS
1 8 HOT MIX ASPHALT (TYPE A) LS
1 9 PATHWAY LIGHTING LS
1 10 MOBILIZATION (5%
CONSTRUCTION ITEMS)
LS
1 SUBTOTAL
CONTRACT
51 C-8
PROPOSED EQUIPMENT AND MATERIAL MANUFACTURERS
The Bidder must indicate the name of the manufacturer of the equipment, and supplier of the material, proposed to be furnished under the contract. Awarding of a contract based on this bid does not imply approval by the City of the manufacturers or suppliers listed by the Bidder . No substitution will be permitted after award of contract except upon written approval of the City.
Equipment/Materials Supplier
1. Ho
t Mix Asphalt (HMA Type A)
2. Pathway Lighting
3. Traffic Signs
4. Sign Posts
5. Pull Boxes
Additional items in the Special Provision
52 C-8
DESIGNATION OF SUBCONTRACTORS
Bidder proposes to subcontract certain portions of the Work which are in excess of one-half of one percent (0.5%) of the total amount base bid or $10,000, whichever is greater, and to procure materials and equipment from suppliers and vendors.
These Subcontractors are identified as follows:
Work to be
Performed
Subcontractor
License
Number
Subcontractor
DIR
Registration
Number
(Note1)
Percent of
Total Bid
Subcontractor’s
Name & Address
Note 1: Bidders have 24 hours after the Bid Deadline to submit this information 53 C-9
BIDDER’S REFERENCES
The following are the names, addresses, and phone numbers for three public agencies for which Bidder has performed projects of the same magnitude and character of the work bid within the past three years:
1. Name of Agency
Agency Address
Telephone
Contact Person
Contract Amount
2. Name of Agency
Agency Address
Telephone
Contact Person
Contract Amount
3. Name of Agency
Agency Address
Telephone
Contact Person
Contract Amount
The following are the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance bonds:
___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE
Bidder certifies that in all previous contracts or subcontracts, all reports which may have been due under the requirements of any local, State, or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding. 54 C-10
ELIGIBILITY TO CONTRACT
The successful Bidder is prohibited from performing work on this Project with a Subcontractor who is ineligible to perform work on the Project pursuant to Section 1777.1 or 1777.7 of the Labor Code.
BIDDER’S INFORMATION
Bidder certifies that the following information is true and correct:
Bidder’s Name _______________________________________________________________ Business Address ____________________________________________________________ ___________________________________________________________________________ Telephone __________________________________________________________________ State Contractor’s License No. and Class _________________________________________ Original Date Issued E xpiration Date _____________________________ DIR Registration No:
The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint venturers, and/or corporate officers having a principal interest in this Bid:
___________________________________________________________________________ ___________________________________________________________________________ The date of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this Bid are as follows:
___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ All current and prior DBA’s, alias, and/or fictitious business names for any principal having an interest in this Bid are as follows:
___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________
55 C-11
I declare under penalty of perjury under the laws of the State of California that the above representations are true and correct . Executed this _____ day of ____________, 20__ , at ___________________ California.
Signature and Title of Bidder
or Authorized Representative
(SEAL)
56 C-12
BIDDER’S STATEMENT OF PAST CONTRACT DISQUALIFICATIONS AND DEFAULTS
Identify all instances of being disqualified, removed, determined to be a non-responsible bidder, debarred, assessed liquidated damages, terminated for default or otherwise prevented from bidding on, or completing, a federal, state, or local government project.
1. Have you ever been disqualified from any government contract?
Yes No
2. If yes, explain the circumstances including date of public entity action, name of project, contract award amount and current contact person at public entity:
____________________________________________________________ Signature and Title of Bidder or Authorized Representative
57 C-13
BID BOND
FOR
HOLLISTER AVENUE CLASS I BIKE PATH LIGHTING
KNOW ALL PERSONS BY THESE PRESENTS that [Bidder] ________________________ __________________________ as PRINCIPAL, and _______________________________, a corporation organized under the laws of the State of _________________________ and licensed by the State of California to execute bonds and undertakings as sole surety, as SURETY, are held and firmly bound unto the City of Goleta, as City, in the penal sum of ten percent (10%) of the total Base Bid Price on the base Contract Work, excluding any Alternate Bid Items submitted by PRINCIPAL to CITY for the above stated project, for the payment of which sum, PRINCIPAL and SURETY agree to be bound, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas PRINCIPAL has submitted a proposal to CITY for the above stated project.
NOW, THEREFORE, the penal sum guaranteed by this bond shall be forfeited to the City in the event of any of the following: (1) The aforesaid Principal withdraws said bid after the Bid Deadline contrary to applicable law; or (2) Principal fails, within ten (10) business days after receipt of written notice that the contract has been awarded to Principal and tender of the Contract, to, deliver to City the executed Agreement, in the prescribed form, in accordance with the bid as accepted, and file with the City all documents required in section 3- 1.18 of the City’s General Provisions.
In case suit is brought upon this bond, SURETY further agrees to pay all reasonable attorneys’ fees and costs incurred by CITY in an amount fixed by the court. SURETY hereby waives the provisions of California Civil Code Sections 2845 and 2849.
IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this ______
_day of , 20__.
PRINCIPAL:
(Address)
BY:
(Signature and Title of Authorized Officer)
BY:
(Signature and Title of Authorized Officer)
58 C-14
SURETY:
(Address)
BY:
(Signature and Title of Authorized Officer)
BY:
(Signature and Title of Authorized Officer)
Note: All signatures must be acknowledged before a notary public. Attach appropriate acknowledgment. Also, evidence of the authority of any person signing as attorney-in-fact must be attached.
59 C-15
STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES
CONCERNING THE CONTRACTOR’S LICENSING LAWS
[Business & Professions Code § 7028.15; Public Contract Code § 20103.5]
The undersigned, a duly authorized representative of the Bidder, certify that I am aware of the provisions of California law and that I, or the company/individual on whose behalf this Bid is being submitted, hold a currently valid California contractor’s license as set forth in the Business and Professions Code § 7028.15 and Public Contract Code § 20103.5 (and any updates).
A contractor 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 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.
Bidder:
License No.: Class Expiration date:
DIR Registration No.: _____________________
Date Signature
60 C-16
DECLARATION OF ELIGIBILITY TO CONTRACT
[Labor Code §§ 1777.1 and 1777.7; Public Contract Code § 6109] The undersigned, a duly authorized representative of the Bidder, certifies and declares that:
1. The Bidder is aware of Sections 1771.1 and 1777.7 of the California Labor Code, which prohibit a contractor or subcontractor who has been found by the Labor Commissioner or the Director of Industrial Relations to be in violation of certain provisions of the Labor Code, from bidding on, being awarded, or performing work as a subcontractor on a public works project for specified periods of time.
2. The Bidder is not ineligible to bid on, be awarded or perform work as a subcontractor on a publ ic works project by virtue of the foregoing provisions of Sections 1771.1 or 1777.7 of the California Labor Code or any other provision of law.
3. The Bidder is aware of California Public Contract Code Section 6109 (and any updates.)
4. The Bidder has investigated the eligibility of each and every subcontractor the contractor intends to use on this public works project, and determined that none of them is ineligible to perform work as a subcontractor on a p ublic works project by virtue of the foregoing provisions of the Public Contract Code, Sections 1771.1 and 1777.7 of the Labor Code, or any other provision of law.
5. 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 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.
I declare under penalty of perjury under the laws of the State of California that the foregoing is t
rue and correct . Executed this day of , 20__ , at ________________________, California.
Signature:
Name:
Title:
Name of Company:
Note: Signature must be acknowledged before a notary public . Attach appropriate acknowledgment.
61 C-17
NON-COLLUSION DECLARATION
FOR
HOLLISTER AVENUE CLASS I BIKE PATH LIGHTING
I am the [ title] of [name of bidder], the party making the foregoing bid, declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, 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, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a bidder that is a corporation, par
tnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ___ [date], at __ [city], ___ [state]
(Signature and Title of Authorized Representative)
.
62 C-18
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63 D-1
SECTION D
CONTRACT
64 D-2
SECTION D
CONTRACT AWARD AND EXECUTION
CONTRACT
PERFORMANCE BOND FORM
PAYMENT BOND FORM
65 D-3
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66 D-4
PUBLIC WORKS CONTRACT
BETWEEN THE CITY OF GOLETA
AND
________________
This Public Works Contract (herein referred to as “CONTRACT”) is made and entered into by and between the CITY OF GOLETA, a municipal corporation (herein referred to as "CITY"), and __________, a _____________ (hereinafter referred to as “CONTRACTOR”).PUBLIC WORKS
CONTRACT
This Public Works Contract (herein referred to as “CONTRACT”) is made and entered into by and between the CITY OF GOLETA, a municipal corporation (herein referred to as "CITY"), and __________, a _____________ (hereinafter referred to as “CONTRACTOR”).
SECTION A. RECITALS
1. Pursuant to the Notice Inviting Sealed Bids for the _________ Project, bids were received, publicly opened, and declared on the date specified in the notice.
2. On __________ , Goleta’s City Council declared CONTRACTOR to be the lowest responsible bidder and accepted the bid of CONTRACTOR and the City Council/City Manager/Department Director and Purchasing Officer, approved this CONTRACT and authorized the City Manager to execute the CONTRACT with CONTRACTOR for furnishing labor, equipment and material for the __________ Project in the City of Goleta.
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants herein contained, it is agreed:
SECTION B. TERMS
1. G
ENERAL SCOPE OF WORK: CITY agrees to engage CONTRACTOR and CONTRACTOR agrees to furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the ___________ Project in the City of Goleta. The work shall be performed in accordance with the Plans and Specifications (and as generally described in the “Notice Inviting Sealed Bids,” attached as Exhibit A) and in accordance with bid prices set forth in CONTRACTOR’S Bid Proposal (attached as Exhibit B) and in accordance with the instructions of the City Engineer, or City’s Manager’s designee.
2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The contract documents for the aforesaid project, a complete set of which is on file with the Goleta City Clerk’s Office, shall consist of the Notice Inviting Bids, Instructions to Bidders, Bid Proposal, Standard Specifications, Special Provisions, and all referenced specifications, details, standard drawings, and appendices; together with this CONTRACT and all required bonds, insurance certificates, permits, notices and affidavits; and also, including any and all addenda or supplemental agreements clari fying, 67 D-5
amending, or extending the work contemplated as may be required to insure its completion in an acceptable manner. All of the provisions of said contract documents are made a part hereof as though fully set forth herein. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written CONTRACT, the provisions of this CONTRACT, and the Standard Specifications, in that order, shall control. Collectively, these contract documents constitute the complete CONTRACT between CITY and CONTRACTOR and supersede any previous agreements or understandings.
3. COMPENSATION: CONTRACTOR agrees to receive and accept the prices set forth in its Bid Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.
4. TIME OF PERFORMANCE: CONTRACTOR agrees to complete the work within the timeframe specified in the Contract Documents from the date of the notice to proceed. By signing this CONTRACT, CONTRACTOR represents to CITY that the contract time is reasonable for completion of the work and that CONTRACTOR will complete such work within the contract time. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay CITY as liquidated damages, not as a penalty, the sum of $1000 per day for each and every day of unauthorized delay beyond the completion date, which amount shall be deducted from any payments due or to become due the CONTRACTOR.
5. PREVAILING WAGES:
A. Pursuant to Labor Code Sections §§1720 et seq., including but not limited to sections 1771, 1774 and 1775, and as specified in Title 8, California Code of Regulations, Section 16000 et seq., CONTRACTOR must pay its workers prevailing wages. It is CONTRACTOR’s responsibility to interpret and implement any prevailing wage requirements and CONTRACTOR agrees to pay any penalty or civil damages resulting from a violation of the prevailing wage laws.
B. In accordance with Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are available upon request from CITY’s Engineering Division or the 68 D-6
website for State of California Prevailing wage determination at . CONTRACTOR must post a copy of the prevailing rate of per diem wages at the job site.
C. CITY directs CONTRACTOR’s attention to Labor Code Sections 1777.5, 1777.6 and 3098 concerning the employment of apprentices by CONTRACTOR or any subcontractor.
D. Labor Code Section 1777.5 requires CONTRACTOR or subcontractor employing tradesmen in any apprenticeship occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate must also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases will not be less than one to five except:
a. When employment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days before the request for certificate, or
b. When the number of apprentices in training in the area exceeds a ratio of one to five, or
c. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or
d. When assignment of an apprentice to any work performed under a public works contract would create a condition that would jeopardize his or her life or the life, safety, or property of fellow employees or the public at large, or the specific task to which the apprentice is to be assigned is of a nature that training cannot be provided by a journeyman.
Pursuant to Labor Code § 1776, CONTRACTOR shall comply with all Department of Industrial Relations registration requirements.
E. CONTRACTOR is required to make contributions to funds established for the administration of apprenticeship programs if CONTRACTOR employs registered 69 D-7
apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions.
F. CONTRACTOR and any subcontractor must comply with Labor Code Sections 1777.5 and 1777.6 in the employment of apprentices.
G. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations (DIR), the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
H. CONTRACTOR and its subcontractors must keep an accurate certified payroll records showing the name, occupation, and the actual per diem wages paid to each worker employed in connection with this CONTRACT. The record will be kept open at all reasonable hours to the inspection of the body awarding the contract and to the Division of Labor Law Enf orcement. If requested by CITY, CONTRACTOR must provide copies of the records at its cost.
6. LEGAL HOURS OF WORK: CONTRACTOR agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. Except as provided by Labor Code Section 1815, the CONTRACTOR shall, as a penalty to the CITY, forfeit twenty five dollars ($25) for each worker employed in the execution of the Contract by the CONTRACTOR or by any Subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 (commencing at Section 1810) of the California Labor Code.
7. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each worker needed to execute the work required by this CONTRACT as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8.
8. CONTRACTOR'S LIABILITY: The CITY and its officers, agents and employees (“Indemnitees”) shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workers or employees of CONTRACTOR, of its subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever.
CONTRACTOR will indemnify I ndemnities against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, 70 D-8
obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of CONTRACTOR, its agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive negligence on the part of CITY. In connection therewith:
a. CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees, expert fees and costs incurred in connection therewith.
b. CONTRACTOR will promptly pay any judgment rendered against CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of CONTRACTOR hereunder, and CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom.
c. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, CONTRACTOR agrees to pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees.
CONTRACTOR'S obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of CITY under any provision of this CONTRACT, Contractor shall not be required to indemnify and hold harmless CITY for liability attributable to the active negligence of CITY, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where CITY is shown to have been actively negligent and where CITY active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City.
So much of the money due to CONTRACTOR under and by virtue of the contract as shall be considered necessary by CITY may be retained by CITY until disposition has been made of such actions or claims for damages as aforesaid.
It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California. This indemnity provision shall survive the termination of the CONTRACT and is in addition to any other rights or remedies which Indemnitees may have under the law.
This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this CONTRACT or any additional insured endorsements which may extend to Indemnitees. 71 D-9
CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the CONTRACTOR regardless of any prior, concurrent, or subsequent passive negligence by the Indemnitees.
9. THIRD PARTY CLAIMS: In accordance with Public Contracts Code Section 9201, CITY will promptly inform CONTRACTOR regarding third-party claims against CONTRACTOR, but in no event later than ten (10) business days after CITY receives such claims. Such notification will be in writing and forwarded in accordance with the “Notice” section of this CONTRACT. As more specifically detailed in the contract documents, CONTRACTOR agrees to indemnify and defend the City against any third-party claim.
10. WORKERS COMPENSATION: In accordance with California Labor Code Sections 1860 and 3700, CONTRACTOR and each of its subcontractors will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, CONTRACTOR, by signing this contract, certifies as follows: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's 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.”
11. INSURANCE: With respect to performance of work under this CONTRACT, CONTRACTOR shall maintain and shall require all of its subcontr actors to maintain insurance as required in the Standard Specifications.
12. ASSIGNMENT: This CONTRACT is not assignable nor the performance of either party's duties delegable without the prior written consent of the other party. Any attempted or purported assignment or delegation of any of the rights of obligations of either party without the prior written consent of the other shall be void and of no force and effect.
13. INDEPENDENT CONTRACTOR: CONTRACTOR is and shall at all times remain as to the CITY, a wholly independent contractor. Neither the CITY nor any of its agents shall have control of the conduct of CONTRACTOR or any of CONTRACTOR'S employees, except as herein set forth. CONTRACTOR shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of CITY.
14. TAXES: CONTRACTOR is responsible for paying all retail sales and use, transportation, export, import, special or other taxes and duties applicable to, and assessable against any work, materials, equipment, services, processes and operations incidental to or involved in this contract. CONTRACTOR is responsible for ascertaining and arranging to pay them. The prices established in the contract shall include compensation for any taxes 72 D-10
CONTRACTOR is required to pay by laws and regulations in effect at the bid opening date.
15. LICENSES: CONTRACTOR represents and warrants to CITY that it has all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required of CONTRACTOR to practice its profession. CONTRACTOR represents and warrants to CITY that CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this CONTRACT any licenses, permits, insurance, and approvals which are legally required of CONTRACTOR to practice its profession.
CONTRACTOR shall maintain a City of Goleta business license, if required under CITY ordinance.
16. RECORDS: CONTRACTOR shall maintain accounts and records, including personnel, property, and financial records, adequate to identify and account for all costs pertaining to this CONTRACT and such other records as may be deemed necessary by CITY or any authorized representative, and will be retained for three years after the expiration of this CONTRACT. All such records shall be made available for inspection or audit by CITY at any time during regular business hours.
17. SEVERABILITY: If any portion of these contract documents are declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this CONTRACT will continue in full force and effect provided that it does not frustrate the mutual intent of the parties herein.
18. WHOLE AGREEMENT: This CONTRACT supersedes any and all other agreements either oral or written, between the parties and contains all of the covenants and agreements between the parties pertaining to the work of improvements described herein.
Each party to this contract acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that any other agreement, statements or promise not contained in this contract shall not be valid or binding. Any modifications of this contract will be effective only if signed by the party to be charged.
19. AUTHORITY: CONTRACTOR affirms that the signatures, titles, and seals set forth hereinafter in execution of this CONTRACT represent all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest herein. Each party warrants that the individuals who have signed this CONTRACT have the legal power, right, and authority to make this CONTRACT and to bind each respective party.
This CONTRACT may be modified by written amendment. CITY’s City Manager may execute any such amendment on CITY’s behalf.
20. NOTICES: All notices permitted or required under this CONTRACT shall be in writing, and shall be deemed made when delivered to the applicable party’s representative as 73 D-11
provided in this CONTRACT. Additionally, such notices may be given to the respective parties at the following addresses, or at such other addresses as the parties may provide in writing for this purpose.
Such notices shall be deemed made when personally delivered or when mailed forty - eight (48) hours after deposit in the U.S. mail, first-class postage prepaid, and addressed to the party at its applicable address. Courtesy copies of notices may be sent via electronic mail, provided that the original notice is deposited in the U.S. mail or personally delivered as specified in this Section.
CITY OF GOLETA
130 Cremona Drive, Suite B
Goleta, CA 93117
Attn: City Manager
CONTRACTOR
__________________________________________________
__________________________________________________
__________________________________________________
21. DISPUTES: Disputes arising from this contract will be determined in accordance with the contract documents.
22. NON-DISCRIMINATION: No discrimination shall be made in the employment of persons in the work contemplated by this CONTRACT because of race, religion, color, medical condition, sex, sexual orientation, national origin, political affiliation or opinion, or pregnancy or pregnancy -related condition. A violation of this section exposes CONTRACTOR to the penalties provided for in Labor Code Section 1735.
23. NO THIRD PARTY BENEFICIARY: This CONTRACT and every provision herein is for the exclusive benefit of CONTRACTOR and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of the CONTRACTOR’s or the CITY’s obligations under this Contract.
24. TIME IS OF ESSENCE: Time is of the essence for each and every provision of the Contract Documents.
25. ACCEPTANCE OF FACSIMILE OR ELECTRONIC SIGNATURES: The Parties agree that this CONTRACT, agreements ancillary to this CONTRACT, and related documents to be entered into in connection with this CONTRACT will be considered signed when the signature of a party is delivered by facsimile transmission or scanned and delivered via electronic mail. Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature.
26. GOVERNING LAW: This CONTRACT shall be governed by the laws of the State of California, and exclusive venue for any action involving this CONTRACT will be in Santa Barbara County.
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IN WITNESS WHEREOF, the parties hereto have executed this CONTRACT with all the formalities required by law on the respective dates set forth opposite their signatures.
This CONTRACT is executed on this ________ day of ___________ , at Goleta, California, and effective as of _____ ______, 20____.
CITY OF GOLETA:
___________________________________
Robert Nisbet, City Manager
ATTEST:
___________________________________
Deborah Lopez, City Clerk
APPROVED AS TO FORM:
MEGAN GARIBALDI, CITY ATTORNEY
___________________________________
Scott Shapses, Assistant City Attorney
CONTRACTOR:
_____________________________________
Name, Title
State of California License No.
_____________________________________
Department of Industrial Relations Registration No.
_____________________________________
Business Phone No.
_____________________________________
CONTRACTOR’S Emergency Phone No. at which
contractor can be reached at any time
_____________________________________
_____________________________________
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_____________________________________
Name, Title
This Page Intentionally Left Blank
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FAITHFUL PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of Goleta, (hereinafter referred to as “City”) has awarded to ____________________________, (hereinafter referred to as the “Contractor”) an agreement for the
HOLLISTER AVENUE CLASS I BIKE PATH LIGHTING (hereinafter referred to as the “Project”).
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.
NOW, THEREFO RE, we, ______________________, the undersigned Contractor and ________________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of ___________________________ DOLLARS, ($____________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one (1) year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officials, officers, employees, and authorized volunteers, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorney’s fees, incurred by City in enforcing such obligation.
As a condition precedent to the satisfactory c ompletion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship.
The obligations of Surety hereunder shall continue so long as any obligation of C ontractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15.
77 D-15
Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
1. Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
2. Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
3. Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder 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 Documents or to the Project.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
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IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20___.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fa ct Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges is $_______________________________.
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________ ___________________________________________
___________________________________________
(Name and Address of Agent or ___________________________________________ Representative for service of ___________________________________________ process in California, if different ___________________________________________ from above)
(Telephone number of Surety ___________________________________________ and Agent or Representative for
service of process in California)
79 D-17
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ¨ Individual
¨ Corporate Officer
Title(s) Title or Type of Document
¨ Partner(s) ¨ Limited
¨ General Number of Pages
¨ Attorney-In-Fact
¨ Trustee(s)
¨ Guardian/Conservator Date of Document
¨ Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal. 80 D-18
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ¨ Individual
¨ Corporate Officer
Title(s) Title or Type of Document
¨ Partner(s) ¨ Limited
¨ General Number of Pages
¨ Attorney-In-Fact
¨ Trustee(s)
¨ Guardian/Conservator Date of Document
¨ Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of Attorney to local representatives of the bonding company must also be attached.
END OF PERFORMANCE BOND
81 D-19
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82 D-20
LABOR AND MATERIAL PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Goleta (hereinafter designated as the “ City”), by action taken or a resolution passed ___________________ , 20____, has awarded to ________________________ hereinafter designated as the “Principal,” a contract for the work described as follows: the HOLLISTER AVENUE CLASS I BIKE PATH LIGHTING (the “Project”); and
WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, 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, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of ______________ Dollars ($___________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Civil Code Section 9100, 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 thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Revenue and Taxation Code Section 18663, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by the City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses.
This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon this bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole 83 D-21
conditions of recovery shall be that claimant is a person described in Civil Code Section 9100, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fa ct Certificate) Title
84 D-22
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY u nder the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ¨ Individual
¨ Corporate Officer
Title(s) Title or Type of Document
¨ Partner(s) ¨ Limited
¨ General Number of Pages
¨ Attorney-In-Fact
¨ Trustee(s)
¨ Guardian/Conservator Date of Document
¨ Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal. 85 D-23
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached.
END OF PAYMENT BOND
86 D-23
This Page Intentionally Left Blank
87 SECTION E
CITY GENERAL PROVISION
88 E-1
SECTION E
CITY GENERAL PROVISIONS
Standard Specifications
The work provided herein shall be performed in accordance with the Standard Specifications for Public Works Construction, most current Edition, of the Southern California Chapter American Public Works Association. Part 1, General Provisions of the Standard Specifications is incorporated herein by reference. In case of conflict between the Standard Specifications and these General Provisions, the General Provisions shall take precedence.
Modifications to Standard Specifications
S
ection 1 – Definitions and Terms
ACCEPTANCE. Shall mean the formal Acceptance by resolution of the Goleta City Council of an entire Contract which has been completed in all respects in accordance with the Plans and specifications and any modifications thereof previously approved, causing a notice of completion to be filed with the County Recorder.
DEPARTMENT. Shall mean the Department of Public Works of the City of Goleta, also referred to as the Department of Contract Administration. References made to the Department of Transportation otherwise shall mean the State of California Department of Transportation.
DIRECTOR. Shall mean the Public Works Director or his or her duly authorized representative.
ENGINEER. Shall mean the Public Works Director or his or her duly authorized representative.
ENGINEER'S ESTIMATE. The estimate prepared by the Public Works Director of quantities of work to be performed.
LIQUIDATED DAMAGE. The amount to be deducted from payments due or to become due to the Contractor for delay, as set forth in the Special Provisions.
PLANS. The official project Plans and Standard Drawings and Standard Plans, Improvement Plans, profiles, typical cross sections, general cross sections, working drawings, and supplemental drawings, or reproductions thereof, approved by the Director which show the location, character, dimensions and details of the work to be performed. All such documents are to be considered as a part of the Plans whether or not reproduced in the special provisions.
In the above definition, the following terms are defined as follows:
a. Standard Plans - The Standard Plans of the Department of Transportation of the State of California.
b. Standard Drawings - The Standard Drawings of the City of Goleta Department of Public Works.
c. Project Plans - The project Plans are specific details and dimension 89 E-2
peculiar to the work and supplemented by the Standard Plans and Standard Drawings d. Improvement Standards - The Improvement Standards and Construction Standards of the City of Goleta Department of Public Works.
STATE. Reference to the State or State of California shall mean City or City of Goleta unless the reference is to a law or regulation of the State.
CITY ATTORNEY. The City Attorney of the City of Goleta.
ATTORNEY GENERAL. The City Attorney of the City of Goleta.
CITY CLERK. Shall mean the City Clerk of the City of Goleta.
Section 2 – S
cope of the Work
Add the following:
Section 2-1 .1 Conflict in Plans
As the figured dimensions shown on the drawings and in the specifications of the contract may not in every case agree with scale dimensions, the figured dimensions shall be followed in preference to the scaled dimensions, and drawings to a large scale shall be followed in preference to the drawings to a small scale. Should it appear that the work to be done, or any of the matter relative thereto is not sufficiently detailed or explained in the contract documents, the Contractor shall apply to the Engineer for such further explanations as may be necessary and shall conform thereto as part of the contract so far as may be consistent with the terms thereof.
Section 2-1
.2 Suggestions to Contractor
Any plan or method of work suggested by the Agency or the Engineer 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; and the Agency and the Engineer shall assume no responsibility therefore and in no way 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.
Section 2-5
.5 Water for Construction
Attention is directed to the various sections of the Standard Specifications and these Special Provisions which require the use of water for the construction of this project.
Water for construction purposes as required by these Specifications will be provided by the Goleta Water District at the Contractor's expense. The City encourages the Contractor to use reclaimed water when a fill station is located nearby.
Water required for controlling dust, caused by the Contractor's operations and the passage of traffic through the construction site shall be applied as necessary, at the Contractor's expense.
The Contractor shall, whenever possible and not in conflict with these specifications, minimize the 90 E-3
use of water during construction of the project. Watering equipment shall be kept in good working order and water leaks shall be repaired promptly.
Full compensation for providing water for the project shall be considered as included in the contract prices paid for the various items of work and no separate payment shall be Section 2-7
.1 General
The City will issue a Contract Change Order (CCO) if a change to the Total Contract Price or Contract Time is necessary. The Contractor will not be entitled to any adjustments in either Contract Time or Total Contract Price for changes performed without written direction from the City. Adjustments in Contract Time or Total Contract Price for changes performed will not be made until a Contract Change Order is approved.
Section 2-10 Disputed Work
If the Contractor and the Agency are unable to reach agreement on disputed work, the Agency may direct the Contractor to proceed with the work. Disputes which remain unresolved shall be subject to Section 9 and 10, Claim Resolution Process. Payment shall be later determined by mediation, if the Agency and Contractor agree thereto, or as fixed in a court of law. Although not to be construed as proceeding under extra work provisions, the Contractor shall keep and furnish records of disputed work in accordance with the Contract Documents.
Section 3 – C
ontrol of the Work
Add the following:
Section 3-7 .2 Precedence of the Contract Documents.
In the event of conflicts or discrepancies between the Contract Documents, the provision placing a more stringent requirement on the Contractor shall prevail. The Contractor shall provide the better quality or greater quantity of Work and/or materials, unless otherwise directed by Agency in writing. In the event none of the Contract Documents place a more stringent requirement or greater burden on the Contractor, the controlling provision shall be that which is found in the document with higher precedence.
The governing ranking of Contract parts in descending order is:
1. Permits and other governmental approvals;
2. Change Orders and Construction Change Directives, issued after execution of the Agreement
3. Agreement/Contract; including all attachments and Addenda with later Addenda having priority over earlier Addenda
4. City Special Provisions
5. City General Provisions
6. Project Plans
7. Standard Specifications for Public Works Construction, most current Edition (Greenbook)
8. Most current City of Goleta standard Plans
9. County of Santa Barbara standard Plans
10. Caltrans Standard Special Provisions for most current Standard Specifications
11. Caltrans Revised Standard Specifications
12. Caltrans Standard Specification
91 E-4
13. Caltrans Revised Standard Plans
14. Supplemental project information
15. Written numbers and notes on a drawing govern over graphics
16. A detail drawing governs over a general drawing
17. A detail specification governs over a general specification
18. 1A specification in a section governs over a specification referenced by that section
Should it appear that the work to be done or any of the matters relative thereto are not sufficiently detailed or explained in these specifications, the special provisions, or the Plans, the Contractor shall apply in writing to the Director for such further explanations as may be necessary and shall conform to them as part of the Contract. In the event of any doubt or question arising respecting the true meaning of these specifications, the special provisions or the Plans, reference shall be made to the Director, whose decision thereon shall be final.
In the event of any discrepancy, between any drawing and the figures written thereon, the figures shall be taken as correct. Detail drawings shall prevail over general drawings.
Section 3-1 3.3.1 Guaranty and Warranty.
The Contractor shall warrant and guarantee the entire work and all parts thereof, including that performed and constructed by Subcontractors, Sub-subcontractors, and others employed directly or indirectly on the work, against faulty or defective materials, equipment or workmanship for the maximum period provided by law. In addition, thereto, for a period of one year commencing on the date of acceptance of the work, the Contractor shall, upon the receipt of notice in writing from the Agency, promptly make all repairs arising out of defective materials, workmanship or equipment and bear the cost thereof. The Agency is hereby authorized to make such repairs and the Contractor and Surety shall bear the cost thereof if, ten (10) days after the giving of such notice to the Contractor, the Contractor has failed to make or undertake with due diligence the repairs, provided, however, that, in the case of an emergency where, in the opinion of the Agency, delay could cause serious loss or damage, repairs may be made without notice being sent to the Contractor or Surety, and all expense in connection therewith shall be charged to the Contractor and Surety. At the completion of the work the faithful performance bond may be reduced at the discretion of the City Council to not less than ten percent (10%) of the Contract price to cover said guarantee.
Additional guarantees or warranties may be required by the Special Provisions.
For the purpose of this article, "acceptance of the work" shall mean the acceptance of the work by the Agency in accordance with the Contract Documents but not for the purpose of extinguishing any covenant or agreement on the part of the Contractor to be performed or fulfilled under this contract which has not in fact been performed or fulfilled at the time of such acceptance all of 92 E-5
which covenants and agreements shall continue to be binding on the Contractor until they have been fulfilled.
The effective date of acceptance of the work for purposes of determining commencement of the warranty period shall be the date of recordation of the Notice of Completion by the County Recorder.
Section 4 – C
ontrol of Materials
Add the following:
Section 4- 1.1. Retention of Defective Work
If, in the opinion of the Engineer, the defective work is not of sufficient magnitude or importance to make the work dangerous or undesirable, or if, in the opinion of the Engineer, the removal of such work is impractical or will create conditions which are dangerous or undesirable, the Agency shall have the right and authority to retain such work instead of requiring it to be removed and reconstructed, but will make such deductions therefore in the payments due or to become due to the Contractor as the Agency may deem just and reasonable.
Section 5 –
Legal Relations and Responsibilities
Add the following:
Section 5-1.1 M andatory Notification Prior to Excavation The Contractor's attention is directed to Section 4215.5 through 4217 of the Government Code of the State of California. This requires that two (2) working days prior to commencing any excavation "Underground Service Alert of Southern California" be notified by telephone, toll free 1-800-422-4133 or 811, for the assignment of an Inquiry Identification Number.
No excavation shall commence unless the Contractor has obtained the Inquiry Identification N
umber and so notified the Engineer.
As part of the performance required, the Contractor shall assist the Agency to and provide the Agency with, any and all compliance required of Agency as an operator under the provisions of California Government Code Sections 4216-4216.5.
Section 5-1.2 A ccuracy of Utilities Information
The locations of existing major utilities, whether above ground or underground, are indicated on the drawings. The Agency does not guarantee the accuracy or completeness of this information and it is to be understood that other above-ground and underground facilities not shown on the
93 E-6
drawings may be encountered during the course of the work. In any case, existing minor lines are not indicated.
Section 5-4.2 G eneral Liability Insurance
The general liability must be at least combined single limits of no less than $2,000,000 per occurrence for all covered losses and no less than $4,000,000 general aggregate, and must contain:
1. Extension of coverage to the City, its officials, officers, agents and employees, as additional insureds, with respect to Contractor's liabilities hereunder in insurance coverages identified above;
2. A provision that coverage will not be canceled or subject to reduction until at least thirty (30) days' prior written notice has been given to the City Clerk, addressed to 130 Cremona Drive, Suite B, Goleta, CA 93117;
3. A provision that Contractor's insurance shall apply as primary, and not excess of, or contributing with, the City;
4. Contractual liability coverage sufficiently broad so as to include the liability assumed by the Contractor in the indemnity and hold harmless provisions of the Standard Condition;
5. A cross liability clause, or equivalent wording, stating that coverage will apply separately to each named or additional insured as if separate policies had been issued to each;
6. A broad form property damage endorsement;
7. A provision that the policies be provided on an "occurrence" basis;
8. Coverage for XCU (explosion, collapse, underground) hazards if applicable to the work; and
9. Products and completed operations coverage.
Umbrella or Excess Liability policies (Over Primary) if used to meet limit requirements shall provide coverage at least as broad as specified for underlying coverages and covering those insured in the underlying policies. Any such policy shall include a drop-down provision providing primary coverage above a maximum $25,000 self -insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be “pay on behalf,” with defense costs payable in addition to policy limits. There shall be no cross-liability exclusion of claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Contractor, subcontractors or others involved in the Work. Limits are subject to review but in no event less than $1,000,000 per occurrence.
Approval of insurance by the City or acceptance of the certificate of insurance by City shall not relieve or decrease the extent to which the Contractor may be held responsible for payment of damages resulting from Contractor's services or operation pursuant to the Agreement, nor shall it be deemed a waiver of City's rights to insurance coverage hereunder.
Replace entire section 5-4.
2-1 with:
5-4.2-1 Policy Forms, Endorsements and Certificates
Provide and maintain current certificates of Insurance on forms supplied by the City and evidencing the above coverage to City prior to execution of this Agreement by City. Exercise due diligence to require any and all subcontractors and/or sub- subcontractors and all tiers of such subcontractors to provide General and Automobile Liability, and Workers' Compensation and 94 E-7
Employer's Liability Insurance with minimum limits of coverage and upon terms and provisions required above.
Section 6- P rosecution and Progress of the Work
Add the following:
Section 6-1.3 Notice to Proceed
After the execution of the contract, written notice to proceed will be given by the Agency to the Contractor. Notwithstanding any other provision of the contract, the Agency shall not be obligated to accept or to pay for any work furnished by the Contractor prior to delivery of notice to proceed whether or not the Agency has knowledge of the furnishing of such work.
Section 6-2
.1 Working Hours
Regular working hours shall be within the hours of 7:30 a.m. and 4:30 p.m., unless otherwise authorized by the Engineer or as otherwise identified in these Contract Documents. Overtime and shift work may be established as a regular procedure by the Contractor only with the written permission of the Engineer. Such permission may be revoked at any time. No work shall be permitted on Saturdays, Sundays or legal holidays, except such work as is necessary for the proper care and protection of the work already performed or in case of an emergency.
It is unlawful to construct, demolish, excavate, alter or repair any building or structure between the hours of 8:00 p.m. and 6:00 a.m. without the written approval of the Engineer. The following 95 E-8
required information shall be provided to the Engineer in writing a minimum of fourteen (14) calendar days in advance of the commencement of the proposed work:
1. Specific date, hours and location of work
2. Complete description of work to be done
3. Number and type of equipment to be used
4. Noise mitigation measures to be employed in conformance with the Goleta Municipal Code, Chapter 12.02.480 “Noise Dust and Debris” which can be viewed at the City of Goleta City Clerk’s Office
5. Distance of the nearest resident to the work
6. Inspection required
All work in the following commercial zones is prohibited between November 15 and January 2:
All work on streets within a School Zone as defined by the California Vehicle Code 40802 shall be limited to days when school is not in session or while students are not traveling to and from school, unless otherwise authorized by the Engineer in writing.
To the extent practicable, all work shall be scheduled to minimize inconvenience to the public, such as coordinating the timing of work in a specific area, or to avoid potential conflicts with adjacent private development to the degree possible.
Requests for authorization to perform work outside the hours listed above shall be made in writing at least 72 hours in advance.
Designated City holidays are: New Year’s Day (January 1st), Martin Luther King Day (third Monday in January), President’s Day (third Monday in February), Memorial Day (last Monday in May), Juneteenth (third Monday in June) Independence Day (July 4th), Labor Day (first Monday in September), Veteran’s Day (November 11th), Thanksgiving Day (fourth Thursday in November), day after Thanksgiving Day (fourth Friday in November), Christmas Eve (December 24 th),
Christmas Day (December 25th), New Years Eve, (December 31st ). When a designated holiday falls on a Saturday or Sunday, the preceding Friday or following Monday (respectfully) shall be a designated holiday.
Section 6-4 .1.1 Notice of Delays
Whenever the Contractor foresees any delay in the prosecution of the work, and in any event immediately upon the occurrence of any delay which the Contractor regards as unavoidable, the Contractor shall notify the Engineer in writing of the probability of the occurrence of such delay and its cause in order that the Engineer may take immediate steps to prevent, if possible, the occurrence or continuance of the delay, or, if this cannot be done, may determine whether the delay is to be considered avoidable or unavoidable, how long it continues, and to what extent the prosecution and completion of the work are to be delayed thereby. It will be assumed that any and all delays which have occurred in the prosecution and completion of the work have been 96 E-9
avoidable delays, except such delays as shall have been called to the attention of the Engineer at the time of their occurrence and found by the Engineer to have been unavoidable.
The Contractor shall make no claims that any delay not called to the attention of the Engineer at the time of its occurrence has been an unavoidable delay.
Section 6-4
.1.2 Avoidable Delays
Avoidable delays in the prosecution or completion of the work shall include all delays which in the opinion of the Engineer would have been avoided by the exercise of care, prudence, foresight and diligence on the part of the contractor or the subcontractors. The following shall be considered avoidable delays within the meaning of the contract: 1) Delay in the prosecution of parts of the work which may in themselves be unavoidable but do not necessarily prevent or delay the prosecution of other parts of the work nor the completion of the whole work within the time herein specified; 2) Reasonable loss of time resulting from the necessity of submitted samples of materials and drawings to the Engineer for approval and from making of tests of materials, measurements and inspections; 3) Reasonable interference of other contractors employed by the Agency which do not necessarily prevent the completion of the whole work within the time agreed upon.
Section 6-4
.1.3 Extension of Time
In case the work is not completed in the time specified, including such extensions of time as may have been granted for unavoidable delays, the Contractor will be assessed damages for delay in accordance with the Contract Documents. The Agency, however, shall have the right to grant an extension of time for avoidable delay if it is deemed in the Agency's best interest to do so. During such extension of time, the Contractor will be charged for engineering and inspection services and other costs as provided in the Contract Documents.
Section
6-8 .1 Completion and Acceptance
A job walk will be performed at such time as the Contractor indicates that all items have been completed. A list of the remaining minor tasks (a punch list) will be prepared by the Engineer and given to the Contractor.
All punch list items shall be completed during the contract period, and the Agency will assess liquidated damages for each day that the punch list items are not completed beyond the contract period. When all items have been completed to the satisfaction of the City Engineer, the project will be submitted to the City Council recommending accept once the completed work.
The Engineer will, in reporting completion to the City Council, give the date when the work was completed. This will be the date when the Contractor is relieved from responsibility to protect and maintain the work, except for portions of the work for which the Contractor may have previously been relieved of such responsibility in accordance with the Contract Documents.
Section
6- 9.1 Liquidated Damages for Avoidable Delay
For each and every day that any portion of the work remains unfinished after the time fixed for completion in the contract documents as modified by any extension of time granted pursuant to Section 6-4.6.3, damage will be sustained by the Agency. Because of the difficulty in computing the actual material loss and disadvantage to the Agency, it is determined in advance and agreed to by the parties hereto that the Contractor will pay the Agency the amount of damages set forth herein as representing a reasonable forecast of the actual damages which the Agency will suffer 97 E-10
by the failure of the Contractor to complete the work within the stipulated time. The execution of the agreement shall constitute acknowledgment by the Contractor that he or she has ascertained and agrees that the Agency will actually suffer damages in the amount herein fixed for each and every day during which the completion of the work is avoidably delayed beyond the stipulated completion date.
Unless otherwise provided in the contract documents, the Contractor shall have no claim or right of action against the Agency for damages, costs, expenses, loss of profits, or otherwise because or by reason of any delay in the fulfillment of the contract within the time limited therefore occasioned by any cause or event within or without the Contractor's control, and whether or not such delay may have resulted from anything done or not done by the Agency of the contract.
Damages for avoidable delays shall be in the amount of $4,200.00 per day, each and every calendar day’s delay in finishing the work in excess of the number of working days prescribed in this bid document. Any progress payment made after the completion date shall not be construed as a waiver of liquidated damages.
The Contractor shall pay to the City of Goleta the sum of $2,000.00 per hour for each hour, or portion of an hour, after the last working hour are exceeded and that a traveled lane remains closed due to the Contractor’s operations.
The Contractor shall pay to the City the sum of $1,000.00 per day for each day, or portion of a day, that the sequencing and scheduling is not met and outlined in Section 905-01C cold plane asphalt concrete pavement sequencing of these Special Provisions.
The Contractor shall pay to the City of Goleta the sum of $250.00 per day, per location for each incident where asphalt material on gutters, sidewalks, and driveways that was tracked or sprayed by equipment or personnel under the Contractor’s control is not removed within 48 hours.
Any progress payment made after the completion date shall not be construed as a waiver of liquidated damages. The Engineer will provide written notice of non-conformance to the Contractor within 24 hours of the violation. All Contractor's equipment, machinery, traffic control, and personnel shall be off of the pavement and all lanes shall be open to traffic to be considered as full compliance.
Section 7 – M
easurement and Payment
Add the following:
Section 7-3 .2.1 Request for Payment
Progress payments will be made monthly after, receipt of a properly completed request from the Contractor with qualities confirmed and approval by the City. The Contractor shall submit all such requests for monthly progress payments, and shall include the following forms as applicable:
Form CC1: Progress Payment Request - This form is to be completed and signed by the Contractor and attached as a cover sheet to its request for payment. This will be mandatory on all contract requests.
98 E-11
Form CC2: P rogress Payment Request – Detail - This form may be used by the Contractor to provide the detail required to verify payment quantities. (City will accept the Contractor’s standard form if it provides the required information).
Form CC3: Quantity Change Verification Form - This form is required before any payment can be made based on actual quantities exceeding estimated quantities. At the conclusion of the contract, the City will issue a “Balancing Change Order” incorporating all quantity increases and decreases in the contract items of work.
Form CC5: C
hange Order Form -This form may be used by the Contractor to provide the detail required to verify payment quantities. (City will accept the Contractor’s standard form if it provides the required information).
7 -3.2.1A FINAL PAYMENTS AND CLAIMS
In addition to Section 9-1. 07B of the State Standard Specifications, the Contractor shall submit Form CC4: Final Release Form. This form must accompany all requests for final payment (see Appendix A).
7-3 .5.2 Changes and Extra Work
The City may make changes within the scope of work and add extra work. The Engineer describes the changes and extra work, the payment basis, and any time adjustment in a Change Order.
A Change Order is approved when the Department signs the Change Order. If you disagree with the terms of a Change Order, submit an RFI within 10 days of receipt of the approved Change Order.
Until the Department approves a Change Order, continue to perform the work under the Contract unless the Engineer orders you to start the work described in the Change Order before its approval.
Submit detailed cost data for a unit price adjustment for a bid item if (1) the Engineer requests the data or (2) you request a unit price adjustment resulting from a change of more than 25 percent in the bid item's quantity.
Replace Section 7-3.
5.3 Increases of More Than 25 Percent
Should the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications, exceed the Bid quantity by more than 25 percent, payment for the quantity in excess of 125 percent of the Bid quantity will be made on the basis of a decrease in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or in the event mutual agreement cannot be reached, on the basis of Extra Work per 7- 4 or at the Contract Unit Price at the Agency’s option. The Extra Work per 7-4, basis of payment, shall not 99 E-12
include fixed costs. Fixed costs will be deemed to have been recovered by the Contractor through payment for 125% of the Bid quantity at the Contract Unit Price.
Section 7-3
.5.4 Decrease of More Than 25 Percent.
The Agency, at its sole discretion, may decrease the quantities of the items of work to be completed under this contract. In such an event, payment will be made based upon the decrease in quantity at the Contract Unit Price, except for Major Bid Items as described below. A Major Bid Item is defined as a single Contract item constituting 10% or more of the original Total Contract Price. In the case of a decrease in a Major Bid Item, the following will apply:
Should the actual quantity of an item of work covered by a Contract Unit Price, and constructed with the Plans and Specifications, be less than 75 percent of the Bid quantity, an adjustment in payment will not be made unless so requested in writing by the Contractor. If the Contractor so requests, payment will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per 3-3; however in no case will payment be less than would be made for the actual quantity at the Contract Unit Price nor more than would be made for 75 percent of the Bid quanti ty at the Contract Unit Price.
Section 7-3
.8 Eliminated Items
Should any Contract item be deleted in its entirety, payment will be made only for actual cost incurred for that item prior to notification of such deletion.
Section 7-4
.3 Makeup
Add the following:
Section 7-4
.3.1 Work by Contractor. The following percentages shall be the maximum allowed to be added to the Contractor’s costs and shall constitute the maximum markup for all overhead and profits:
1) Labor 15%
2)
Materials 10%
3) Equipment Rental 10%
4) Other Items and Expenditures 10%
To the sum of the costs and markups provided for in this subsection, 1 percent shall be added as compensation for bonding.
Section 7-4
.3.2 Work by Subcontractor.
When all or any part of the extra work is performed by a Subcontractor, the markup established in Section 7-4.3.1 shall be applied to the Subcontractor’s actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work in excess of $5,000 of the subcontracted portion of the extra work may be added for the Contractor's costs and supervision.
Section 8 – N
o changes
100
E-13
Section 9– Cla im Resolution Process
Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non- binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes.
For purposes of these procedures, “Claim” means a separate demand by the Contractor, after the Agency has denied Contractor’s timely and duly made request of payment in accordance with the Standard Specifications for (A) a time extension, (B) payment of money or damages arising from work done by or on behalf of the Contractor pursuant to the Contract for a public work and payment of which is not otherwise entitled to, or (C) an amount the payment of which is disputed by the Agency.
The following requirements apply to all claims to which this section applies:
Section 10 – P
otential Claims and Dispute Resolution
Add the following:
Section 10-1 Potential Claim
Any demand or assertion by the Contractor seeking an adjustment of Contract Price and/or Contract Time, or other relief, for any reason whatsoever, must be in strict compliance with the requirements of the Contract Documents. For purposes of this Section 10- 1, any and all work relating to any such demand or assertion shall be referred to as “Disputed Work,” regardless of whether the basis of the demand or assertion arises from an interpretation of the Contract Documents, an action or inaction of the Contractor, the Engineer, or the City, or any other event, issue, or circumstance. The Contractor shall bear all costs incurred in complying with the provisions of this Section 10-1.
Promptly upon becoming aware of any event, issue, or circumstance including, but not limited to, disputes arising under the Contract, the acts or omissions of the Engineer or City or by operation of law, which the Contractor believes, in whole or in part, provides a basis for an adjustment of Contract Price and/or Contract Time. Or that Contractor’s performance is excused, or other relief, Contractor shall provide a signed written Initial Notice of Potential Claim to the Engineer in a format acceptable to the City. Contractor shall provide a signed written initial notice of potential claim to the Engineer within 5 days from the date the dispute first arose and before commencing any disputed work. The initial notice of potential claim shall provide the nature and circumstances involved in the dispute which shall remain consistent through the dispute. The initial notice of potential claim shall be submitted on Form CEM 6201A available on Caltrans’ website and shall be certified with reference to the California False Claims Act, Government Code Sections 12650 12655. Assign an exclusive identification number for each dispute, determined by chronological sequencing, based on the date of the dispute.
The exclusive identification number for each dispute shall be used on the following corresponding documents:
1. Initial notice of potential claim.
2. Supplemental notice of potential claim.
101
E-14
3. Full and final documentation of potential claim.
4. Corresponding claim included in the Contractor's written statement of claims.
Provide the Engineer the opportunity to examine the site of work within 5 days from the date of the initial notice of potential claim. Proceed with the performance of contract work unless otherwise specified or directed by the Engineer.
Throughout the disputed work, maintain records that provide a clear distinction between the incurred direct costs of disputed work and that of undisputed work. Allow the Engineer access to your project records deemed necessary by the Engineer to evaluate the potential claim within 20 days of the date of the Engineer's written request.
Within 15 days of submitting the initial notice of potential claim, submit a signed supplemental notice of potential claim to the Engineer that provides the following information:
1. The complete nature and circumstances of the dispute which caused the potential claim.
2. The contract provisions that provide the basis of claim.
3. The estimated cost of the potential claim, including an itemized breakdown of individual costs and how the estimate was determined.
4. A time impact analysis of the project schedule that illustrates the effect on the scheduled completion date due to schedule changes or disruptions where a request for adjustment of contract time is made.
Include your complete reasoning for additional compensation or adjustments.
Submit the supplemental notice of potential claim on Form CEM 6201B furnished by the Department and certify with reference to the California False Claims Act, Government Code Sections 12650 12655. The Engineer will evaluate the information presented in the supplemental notice of potential claim and provide a written response within 20 days of receipt. If the estimated cost or effect on the scheduled completion date changes, update information in items 3 and 4 above as soon as the change is recognized and submit this information to the Engineer.
Within 30 days of the completion of work related to the potential claim, submit the full and final documentation of potential claim to the Engineer that provides the following information:
(1.) A detailed factual narration of events fully describing the nature and circumstances that caused the dispute, including, but not limited to, necessary dates, locations, and items of work affected by the dispute.
(2.) The specific provisions of the contract that support the potential claim and a statement of the reasons these provisions support and provide a basis for entitlement of the potential claim. (3.) When additional monetary compensation is requested, the exact amount requested calculated in conformance with the Contract Documents including an itemized breakdown of individual costs. These costs shall be segregated into the following cost categories:
3.1. Labor – A listing of individuals, classifications, regular hours and overtime hours worked, dates worked, and other pertinent information related to the requested reimbursement of labor costs.
3.2. Materials – Invoices, purchase orders, location of materials either stored or incorporated into the work, dates materials were transported to the project or incorporated into the 102
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work, and other pertinent information related to the requested reimbursement of materi al costs.
3.3. Equipment – Listing of detailed description (make, model, and serial number), hours of use, dates of use, and equipment rates. Equipment rates shall be at the applicable State rental rate as listed in the Department of Transportation publication entitled "Labor Surcharge and Equipment Rental Rates," in effect when the affected work related to the dispute was performed.
3.4. Other categories as specified by the Contractor or the Engineer.
(4.) When an adjustment of contract time is requested, include the following:
4.1.The specific dates for which contract time is being requested.
4.2.The specific reasons for entitlement to a contract time adjustment.
4.3. The specific provisions of the contract that provide the basis for the requested cont ract time adjustment.
4.4. A detailed time impact analysis of the project schedule. The time impact analysis shall show the effect of changes or disruptions on the scheduled completion date to demonstrate entitlement to a contract time adjustment.
(5.) The identification and copies of documents and the substance of oral communications that support the potential claim.
The full and final documentation of the potential claim shall be submitted on Form CEM 6201C furnished by the Department and shall be certified with reference to the California False Claims Act, Government Code Sections 12650 12655.
Pertinent information, references, arguments, and data to support the potential claim shall be included in the full and final documentation of potential claim. Information submitted subsequent to the full and final documentation submittal will not be considered. Information required in the full and final documentation of potential claim, as listed in items 1 to 5 above, that is not applicable to the dispute may be exempted as determined by the Engineer. No full and final documentation of potential claim will be considered that does not have the same nature and circumstances, and basis of claim as those specified on the initial and supplemental notices of potential claim.
If you, in conjunction with or subsequent to the assertion of a potential claim, request inspection and copying of documents or records in the possession of the City that pertain to the potential claim, you must make your records of the project, as deemed by the City to be pertinent to the potential claim, available to the City for inspection and copying."
Unless otherwise specified, the Engineer will evaluate the information presented in the full and final documentation of potential claim and provide a written response within 30 days of receipt.
The Engineer's receipt of the full and final documentation of potential claim shall be evidenced by postal receipt or the Engineer's written receipt if delivered by hand. If you submit full and final documentation of potential claim after acceptance of the work by the City, the Engineer need not provide a written response.
10-2 D
ispute Resolution
All disputes and claims arising under or by virtue of this contract shall be directed to and be determined by the Public Works Director. The Director’s determination can be appealed to City Manager or their designee. The determination by the City Manager or their designee of disputes 103
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and claims shall constitute the decision of the City of Goleta; provided, however, that Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3 of Division 2 of the Public Contract Code shall apply to the public works claim of $375,000 or less.
10-3 D
ispute Resolution - Claims exceeding $375,000
Any claim, dispute, or other matter in question arising out of or related to the Contract or Project exceeding three- hundred seventy -five thousand dollars ($375,000.00) that cannot be resolved between the City and the Contractor shall be resolved by the Santa Barbara County Superior Court.
10-4 C laims Procedures as a Prerequisite to Filing Suit Contractor acknowledges and agrees that its failure to submit any notice of potential claim or claim arising under this Contract in accordance with Section 10, shall constitute a waiver of Contractor’s right to additional compensation and/or extension of time. Failure to follow the provisions set forth in this Contract shall constitute a waiver of Contractor’s right to receive any additional time or money as a result of any event giving rise to a claim or request for change order. Notwithstanding any other provisions in the Contract relating to any additional time or money which Contractor may be entitled to upon the occurrence of any directive or other event, or any other circumstance, Contractor must comply with the provisions of Section 10 to avoid a waiver of any such entitlement to any additional time or money. Contractor’s failure, neglect, or refusal to comply with the requirements of Section 10, or any portion thereof, shall bar Contractor’s request for additional compensation or adjustments to contract time. Such failure, neglect, or refusal prejudices the City’s and the Engineer’s ability to recognize and mitigate delay, and such failure, neglect, or refusal prevent the timely analysis of requests for adjustment of contract time, and whether such adjustments may be warranted. Contractor hereby waives all rights to additional compensation or adjustments of contract time due to delays or accelerations that result from or occur during periods of time for which Contractor fails, neglects, or refuses to fully comply with the requirements of Section 10.
Section 10-5 G
overnment Code Claims.
Notwithstanding Contractor’s participation in dispute resolution proceedings or other claims procedures under the Contract, such proceedings are in addition to Contractor’s obligation to present a written Government Code claim in accordance with Section 900 et al of the California Government Code, which is a prerequisite to filing a lawsuit for money or damages against the City. Contractor further acknowledges that notwithstanding Contractor’s compliance with the claims procedures set forth in Section 10or in the Contract Documents, such procedures are in addition to Contractor’s obligation to comply with the claims procedures set forth in Government Code sections 900 et al prior to filing a lawsuit against the City for any such claim. Failure to submit a Government Code claim, or comply with the claims provision contained in Section 10 or in the City Special Provisions, shall bar Contractor from bringing and maintaining a valid lawsuit against the City.
Section 10-6 P
articipation in Dispute Resolution Proceedings.
Contractor and the City agree that all parties necessary to resolve a claim or dispute should be parties to the same dispute resolution proceeding. Contractor agrees upon request of the City to be joined in any mediation or arbitration when Contractor’s presence is required if complete relief is to be accorded and to prevent the possibility of conflicting rulings on a common issue of law or fact and otherwise to prevent the risk of the parties being subjected to inconsistent obligations or decisions.
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Section 10-7 C ontractor’s Continuing Obligations.
At all times during the processing of the Contractor’s potential Claim, including, but not limited to, in response to a work directive issued by the Engineer, the Contractor shall diligently proceed with the performance of the Disputed Work and other Work, unless otherwise specified or directed by the Engineer.
The Contractor shall provide the Engineer the opportunity to examine the site of the Disputed Work as soon as reasonably possible, and in no event later than five (5) days from the date of the Initial Notice of Potential Claim. Throughout the processing of the Contractor’s potential Claim, the Contractor shall provide the Engineer a reasonable opportunity to examine the site of the Disputed Work within five (5) days of the date of Engineer’s written request therefor.
The Contractor shall promptly respond to any requests for further information or documentation regarding the Contractor’s potential Claim.
Although not to be construed as proceeding with force account work, throughout the performance of the Disputed Work, the Contractor shall maintain daily records in accordance with the Contact Documents that provide a clear distinction between the incurred direct costs of Disputed Work and other Work. The Contractor shall allow the Engineer access to its project records deemed necessary by the Engineer to evaluate the potential Claim within fifteen (15) days of the date of the Engineer's written request.
All Subcontractor’s and material supplier’s claims of any type shall be brought only through Contractor pursuant to the provisions of this Section 10 and Contractor’s prior good faith review pursuant to the Contract Documents. Under no circumstances shall any Subcontractor or material supplier make any direct claim against City.
Except where provided by law, or elsewhere in these Contract Documents, THE CITY SHALL
NOT BE LIABLE FOR SPECIAL OR CONSEQUENTIAL DAMAGES AND THE CONTRACTOR SHALL NOT INCLUDE THEM IN ITS CLAIMS. Contractor shall be limited in its recovery on any Claim(s) to the adjustments allowed in the Contract Documents.
During each step in the processing of the Contractor’s Claim, each notice shall be accompanied by the Contractor’s written statement that the adjustment or relief claimed is the entire adjustment or relief to which the claimant believes it is entitled as a result of the event, issue, or circumstance giving rise to the Claim.
Under no circumstances may the Contractor submit an Initial Notice of Potential Claim, Supplemental Notice of Potential Claim, or Notice of Final Claim after the date of final payment.
Section 10-8 N
otice of Third-Party Claims.
The City shall provide Contractor with prompt written notice of the receipt of any third- party claim relating to the Contract in accordance with Public Contract Code section 9201 by sending a copy of the third-party claim to Contractor at the address indicated in the Agreement via first class.
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Post-Construction Waste Reduction & Recycling Summary Report Diversion Requirement: Reduce quantity of materials disposed at landfills by 65% or more.
Column A: List estimated quantities of waste for each material type (in tons). To convert material quantities to tons, use the Materials Conversion Worksheet provided in your packet.
Columns B, C, D: List estimated quantities reused, recycled, or disposed.
Column E: State the name of all vendors or facilities to be used to reuse, recycle or dispose of material listed. See example below for cases where more than one facility will be used for a particular material type.
Column Totals: Add up all quantities listed in Column A. Do the same for Columns B, C and D.
Waste Reduction & Recycling Summary REPORT (WRRS Report) Material Handling Methods - Indicate quantities (in tons only) for each material listed.
Material Type
A
Total Tons
Generated
(A=B+C+D)
B
Quantity
Salvaged or
Reused
C
Recycling
D
Estimated
Disposal
E
Anticipated Material
Destination(s)
(R): Recycled; (D): Disposal
Example:
Cardboard 2 tons 1.5 .5 (R) MarBorg
(D) Tajiguas Landfill
Asphalt & Concrete
Brick/Masonry/Tile
Building Materials (doors, windows,
fixtures, etc.)
Carpet
Carpet padding/Foam
Cardboard
Ceiling tile (acoustic)
Dirt
Drywall (used)
Drywall (new, unpainted sheets or scrap)
Landscape Debris (brush, trees, stumps,
etc.)
Scrap metal
Unpainted Wood and Pallets
Garbage/Trash
Other
Recycled mixed debris
Column Totals
7. To determine if the required 65% project waste reduction will be met, complete the following with the column totals: B + C ) / A = x 100 = %
8. Is the percentage listed in #7 greater than or equal to 65%? YES NO - If “NO” please explain why:
9. Print Name: S
ignature: Date: __ _ _/__ __/___ _
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ACKNOWLEDGEMENT OF FINAL CLOSEOUT AND RELEASE OF CLAIMS
THIS ACKNOWLEDEMENT OF FINAL CLOSEOUT AND RELEASE OF CLAIMS (Acknowledgement) is made in Goleta, California, this _______ day of __________, _______, by and between the City of Goleta, (Owner), and ___________________________________ (Contractor).
KNOW ALL PERSONS BY THESE PRESENTS:
1. That the undersigned, as the authorized representative of Contractor, and for each of its successors, assigns and partners, for and in consideration of __________________________________________ ($___________), for the original Contract amount, and the sum of
________________________________________ ($___________) for Contract Change Orders Nos.(1) through ______ (__), receipt of which is acknowledged, does release and forever discharge Owner, and each of its successors, assigns, council members, officers, agents, servants, v olunteers and employees, from any and all rights, claims, causes of action, demands, debts, obligations, liabilities, actions, damages, costs and expenses (including but not limited to attorneys’, paralegal and experts’ fees, costs and expenses) and other claims, which may be asserted against Owner by reason of any matter or thing which was the subject matter of or basis for:
A. The performance of all terms and conditions of the Public Works Contract agreement dated ____________, for Owner project described as the _______________________________________________Project.
B. Change Orders Nos. one (1) through __________ (___), as approved by the parties, pertaining to Purchase Order No. _____
2. Nothing contained in this Acknowledgement shall waive or alter the rights, privileges, and powers of Owner or the duties, liabilities and obligations of Contractor and its surety(ies) in respect to any portion of the Contract.
3. Owner has received the following claims from Contractor _________________ ______________________________________________________________.
Except as expressly provided in this section, Owner has received no other claims from Contractor.
4. Upon execution of this Acknowledgement, Owner agrees to promptly initiate the process for City Coun cil to approve the Notice of Completion (NOC) and record the NOC with the Santa Barbara County Recorder.
5. Contractor and Owner agree that the total adjusted Contract Price and time of performance after the execution of change orders, is as follows:
Original Contract Price $______________________ Original Calendar Days ___________________ days Adjusted Contract Price with Change Orders $______________________ Adjusted Calendar Days ___________________ days 107
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Final Contract Price Per Actual Work Completed $______________________ Less: Final Retention Amount $______________________
6. The retention will be released to Contractor within thirty-five (35) days after acceptance of the work by the City Council and the filing of a Notice of Completion.
7. It is understood and agreed by Contractor that the facts with respect to which the release provided pursuant to this Acknowledgement is given may turn out to be other than or different from the facts as now known or believed to be, and Contractor expressly assumes the risk of the facts turning out to be different than they now appear, and agrees that the release provided pursuant to this Acknowledgement shall be, in all respects, effective and not subject to termination or rescission by any such difference in facts and Contractor expressly waives any and all rights it has or may have under California Civil Code Section 1542, which provides as follows:
"A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the Release which if known by him must have materially affected his settlement with the debtor."
8. The release made by Contractor is not to be construed as an admission or admissions of liability and Contractor denies any such liability. Contractor agrees that it will forever refrain and forebear from commencing, instituting or prosecuting any lawsuit, action or other proceeding against Owner based on, arising out of, or in any way connected with the subject matter of this release.
9. Except as specifically provided in this Acknowledgement, the Contractor releases Owner from all claims, including but not limited to those of its Subcontractors for all delay and impact costs, if any.
10. The Contractor represents and warrants to Owner that Contractor has not assigned or transferred or purported to assign or transfer to any person, firm, corporation, association or entity any of the rights, claims, warranties, demands, debts, obligations, liabilities, actions, causes of action, damages, costs, expenses and other claims and Contractor agrees to indemnify and hold harmless Owner, its successors, assigns, council members, officers, agents, servants, volunteers and employees, from and against, without limitation, any and all rights, claims, warranties, demands, debts, obligations, liabilities, actions, causes of action, damages, costs, expenses and other claims, including but not limited to attorneys’, paralegal and experts’ fees, costs and expenses arising out of or connected with any such assignment or transfer or purported assignment or transfer.
11. The parties acknowledge that they have been represented by counsel of their own choice in connection with the preparation and execution of this Acknowledgement.
The parties acknowledge and represent that they understand and voluntarily consent and agree to each and every provision contained in this Acknowledgement. 108
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12. The persons executing this Acknowledgement represent and warrant to the other party that the execution and performance of the terms of this Acknowledgement have been duly authorized by all individual, corporate, partnership, or other entity requirements and that such persons have the right, power, legal capacity and authority to execute and enter into this Acknowledgement.
13. The parties further acknowledge and represent that no promise, inducement or agreement, not expressed in this Acknowledgement, have been made and that, with respect to the matters considered, this Acknowledgement contains the entire agreement among the parties and that the terms of the Acknowledgement are contractual and not a mere recital.
CITY OF GOLETA CONTRACTOR
__________________________ _________________________
By/Title Date By/Title Date
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SECTION F
TECHNICAL SPECIFICATIONS
110
STANDARD PLANS LIST
The standard plan sheets applicable to this Contract include those listed below. The applicable revised standard plans (RSPs) listed below are included in the project plans.
ABBREVIATIONS, LINES, SYMBOLS, AND LEGEND
A3A Abbreviations (Sheet 1 of 3)
A3B Abbreviations (Sheet 2 of 3)
A3C Abbreviations (Sheet 3 of 3)
A10A Legend - Lines and Symbols (Sheet 1 of 5)
A10B Legend - Lines and Symbols (Sheet 2 of 5)
A10C Legend - Lines and Symbols (Sheet 3 of 5)
A10D Legend - Lines and Symbols (Sheet 4 of 5)
A10E Legend - Lines and Symbols (Sheet 5 of 5)
TEMPORARY CRASH CUSHIONS, RAILING AND TRAFFIC SCREEN
T1A Temporary Crash Cushion, Sand Filled (Unidirectional) T1A1 Temporary Crash Cushion, Sand Filled (Unidirectional) T1B Temporary Crash Cushion, Sand Filled (Bidirectional) T2 Temporary Crash Cushion, Sand Filled (Shoulder Installations) T3A Temporary Railing (Type K)
T3B Temporary Railing (Type K)
T3C Temporary Barrier System (Cross Bolt)
T3D Temporary Barrier System (Cross Bolt)
T3E Temporary Barrier System (Cross Bolt)
TEMPORARY TRAFFIC CONTROL SYSTEMS
T11 Traffic Control System for Lane Closure on Multilane Conventional Highways
TEMPORARY WATER POLLUTION CONTROL
T56 Temporary Water Pollution Control Details (Temporary Fiber Roll) T58 Temporary Water Pollution Control Details (Temporary Construction Entrance) T59 Temporary Water Pollution Control Details (Temporary Concrete Washout Facility)
T61 Temporary Water Pollution Control Details (Temporary Drainage Inlet Protection)
T62 Temporary Water Pollution Control Details (Temporary Drainage Inlet Protection)
T63 Temporary Water Pollution Control Details (Temporary Drainage Inlet Protection)
T64 Temporary Water Pollution Control Details (Temporary Drainage Inlet Protection)
ROADSIDE SIGNS
RS1 Roadside Signs - Typical Installation Details No. 1 RS2 Roadside Signs - Wood Post - Typical Installation Details No. 2 RS4 Roadside Signs - Typical Installation Details No. 4
ELECTRICAL SYSTEMS - LEGEND AND ABBREVIATIONS
ES-1A Electrical Systems (Legend)
ES-1B Electrical Systems (Legend)
ES-1C Electrical Systems (Legend)
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ELECTRICAL SYSTEMS - SERVICE EQUIPMENT AND WIRING DIAGRAMS ES-2A Electrical Systems (Service Equipment)
ES-2D Electrical Systems (Service Equipment Enclosure and Typical Wiring Diagram, Type III - A Series)
ELECTRICAL SYSTEMS - LIGHTING STANDARDS
ES-6A Electrical Systems (Lighting Standard, Types 15 and 21)
ELECTRICAL SYSTEMS - SIGNAL AND LIGHTING STANDARD DETAILS ES-7N Electrical Systems (Signal and Lighting Standard, Detail No. 2)
ELECTRICAL SYSTEMS - PULL BOX
ES-8A Electrical Systems (Non-Traffic Pull Box)
ELECTRICAL SYSTEMS - SPLICE INSULATION METHODS, KINKING AND
BANDING DETAILS
ES-13A Electrical Systems (Splice Insulation Methods Details) ES-13B Electrical Systems (Kinking and Banding Detail)
ORGANIZATION
Special provisions are under headings that correspond with the main-section headings of the Standard Specifications. A main-section heading is a heading shown in the table of contents of the Standard Specifications.
Each special provision begins with a revision clause that describes or introduces a revision to the Standard Specifications.
Any paragraph added or deleted by a revision clause does not change the paragraph numbering of the Standard Specifications for any other reference to a paragraph of the Standard Specifications.
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DIVISION I GENERAL PROVISIONS
1 GENERAL
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2 BIDDING
Add to Section 2-1.01:
2-1.01 GENERAL
The bidder’s attention is directed to the provisions in Section 2, “Bidding”, of the Standard Construction Specifications for the requirements and conditions which he/she must observe in the preparation of the proposal form and the submission of the bid.
2-1.03.1 OBTAINING PLANS AND SPECIFICATIONS
All Contract Documents and the Proposal Forms for bidding this project, may be obtained at PlanetBids at http://www.planetbids.com/. The service requires that the Contractor establish a username and password in order to download and/or order plans and specifications.
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5 CONTROL OF WORK
Replace section 5-1.13E with:
5-1.13E Prompt Payment
Section 5-1.13E applies to all contracts.
Pay your subcontractors within 7 days of receipt of each progress payment under Pub Cont Code §§ 10262 and 10262.5. Pay other entities, such as material suppliers, within 30 days of receipt of each progress payment.
Each month, after the 15th and prior to 20th, submit the following payment information through the Department’s prompt payment monitoring system at https://caltrans.dbesystem.com:
1. Subcontractor’s or entity’s business name
2. Description of work performed
2.1. Bid item numbers or change order numbers
2.2. Written narrative of work performed
3. Value of work performed
4. Amount paid to subcontractor or entity
5. Withhold amount, if applicable
6. Explanation of withhold reasoning, if applicable
Your subcontractors and other entities may validate payments received using the prompt payment monitoring system.
If a subcontractor’s or other entity’s work is in dispute, provide a written withhold notification to the subcontractor or entity and the Engineer no later than 7 days after receipt of the corresponding progress payment that includes the following:
1. Value of the disputed work
2. Amount of the withhold being taken
3. Bid item numbers or change order numbers associated with the disputed work
4. Explanation of the deficiencies of the disputed work and how the corresponding value was calculated
5. Corrective actions to be taken for release of withheld amount
The Department may request additional documentation from you to evaluate whether you applied the withhold in good faith.
If the Department determines your withhold was not applied in good faith or that you failed to submit the required withhold notification, the Department may withhold the same amount from your future progress pay estimate. The Department may also apply a 2 percent penalty on the withhold amount for every month payment is not made.
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6 CONTROL OF MATERIALS
Replace section 6-1.03B with:
6-1.03B Submittals
6-1.03B(1) General
Not Used
6-1.03B(2) Work Plan
For local material, such as rock, gravel, earth, structure backfill, pervious backfill, imported borrow, and culvert bedding, obtained from a (1) noncommercial source, or (2) source not regulated under California 113
jurisdiction, submit a local material plan for each material at least 60 days before placing the material. The local material plan must include:
1. Certification signed by you and an engineer who is registered as a civil engineer in the State or a professional geologist licensed as a professional geologist by the State stating:
I am aware local material from a noncommercial source or a source not regulated under CA jurisdiction must be sampled and analyzed for pH and lead and may require sampling and analysis under section 6-1.03B(3) for other constituents of concern based on the land use history. I am aware that local material sources must not contain ADL at concentrations greater than 80 mg/kg total lead or equal to or greater than 5 mg/L soluble lead as determined by the Waste Extraction Test (WET) Procedures, 22 CA Code of Regs § 66261.24(a)(2) App II. I am aware that a maximum quantity of material may be excavated at the site based on the minimum number of samples taken before excavating at the site under section 6-1.03B(3).
2. Land use history of the local material location and surrounding property
3. Sampling protocol
4. Number of samples per volume of local material
5. QA and QC requirements and procedures
6. Qualifications of sampling personnel
7. Stockpile history
8. Name and address of the analytical laboratory that will perform the chemical analyses
9. Analyses that will be performed for lead and pH
10. Other analyses that will be performed for possible hazardous constituents based on:
10.1. Source property history
10.2. Land use adjacent to source property
10.3. Constituents of concern in the ground water basin where the job site is located
The plan must be sealed and signed by an engineer who is registered as a civil engineer in the State or a professional geologist licensed as a professional geologist by the State.
If the plan requires revisions, the Engineer provides comments. Submit a revised plan within 7 days of receiving comments. Allow 7 days for the review.
6-1.03B(3) Analytical Test Results
At least 15 days before placing local material, submit analytical test results for each local material obtained from a noncommercial source or a source not regulated under CA jurisdiction. The analytical test results must include:
1. Certification signed by an engineer who is registered as a civil engineer in the State or a professional geologist licensed as a professional geologist by the State stating:
The analytical testing described in the local material plan has been performed. I performed a statistical analysis of the test results using the US EPA's ProUCL software with the applicable 95 percent upper confidence limit. I certify that the material from the local material source is suitable for unrestricted use at the job site, it has a pH above 5.0, does not contain soluble lead in concentrations equal to or greater than 5mg/l as determined by the Waste Extraction Test (WET) Procedures, 22 CA Code of Regs § 66261.24(a)(2) App II, does not contain lead in concentrations above 80 mg/kg total lead, is free from all other contaminants identified in the local material plan, and will comply with the job site's basin plan and water quality objectives of the RWQCB.
2. Chain of custody of samples
3. Analytical results no older than 1 year
4. Statistical analysis of the data using US EPA’s ProUCL software with a 95 percent upper confidence limit
5. Comparison of sample results to hazardous waste concentration thresholds and the RWQCB's basin plan requirements and water quality objectives for the job site location
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6-1.03B(4) Sample and Analysis
Sample and analyze local material from a (1) noncommercial source or (2) a source not regulated under CA jurisdiction:
1. Before bringing the local material to the job site
2. As described in the local material plan
3. Under US EPA Test Methods for Evaluating Solid Waste, Physical/Chemical Methods (SW-846)
The sample collection must be designed to generate a data set representative of the entire volume of proposed local material.
Before excavating at the (1) noncommercial material source or (2) a source not regulated under CA jurisdiction, collect the minimum number of samples and perform the minimum number of analytical tests for the corresponding maximum volume of local material as shown in the following table:
Minimum Number of Samples and Analytical Tests for Local Material Maximum volume of imported borrow
(cu yd) Minimum number of samples and analytical tests
< 5,000 8
5,000–10,000 12 for the first 5,000 cu yd plus 1 for each additional 1,000 cu yd or portion thereof
10,000–20,000 17 for the first 10,000 cu yd plus 1 for each additional 2,500 cu yd or portion thereof
20,000-40,000 21 for the first 20,000 cu yd plus 1 for each additional 5,000 cu yd or portion thereof
40,000–80,000 25 for the first 40,000 cu yd plus 1 for each additional 10,000 cu yd or portion thereof
> 80,000 29 for the first 80,000 cu yd plus 1 for each additional 20,000 cu yd or portion thereof
Do not collect composite samples or mix individual samples to form a composite sample.
Analyze the samples using the US EPA's ProUCL software with a 95 percent upper confidence limit. All chemical analysis must be performed by a laboratory certified by the SWRCB's Environmental Laboratory Accreditation Program (ELAP).
The analytical test results must demonstrate that the local material:
1. Is not a hazardous waste
2. Has a pH above 5.0
3. Has an average total lead concentration, based upon the 95 percent upper confidence limit, at or below 80 mg/kg
4. Is free of possible contaminants identified in the local material plan
5. Complies with the RWQCB's basin plan for the job site location 6 Complies with the RWQCB's water quality objectives for the job site location
6-1.03C Local Material Management
Do not place local material until authorized.
If the Engineer determines the appearance, odor, or texture of any delivered local material suggests possible contamination, sample and analyze the material. The sampling and analysis is change order work unless (1) hazardous waste is discovered or (2) the analytical test results indicate the material does not comply with section 6-1.03B(3).
Dispose of noncompliant local material at an appropriately permitted CA Class I, CA Class II or CA Class III facility. You are the generator of noncompliant local materials.
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DIVISION II GENERAL CONSTRUCTION
12 TEMPORARY TRAFFIC CONTROL
Add to the end of section 12-4.02C(1):
Keep the full width of the traveled way open to traffic when no active construction activities are occurring in the traveled way or within 6 feet of the traveled way and on:
1. Friday after 3:00 p.m.
2. Saturday
3. Sunday
4. Designated holidays
5. Special days
Add between the 1st and 2nd paragraphs of section 12-4.04C:
A pedestrian facility closure on the same side of the street is limited to no more than 1 block. When working on one side of the street the pedestrian facility on opposite side of the street within the same block must be open.
For an intersection with 4 quadrants, close the side serving the 2 quadrants in the same direction of travel.
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DIVISION V SURFACINGS AND PAVEMENTS
39 ASPHALT CONCRETE
Replace Reserved in section 39-2.02B(3) with:
The grade of asphalt binder for Type A HMA must be 64-10.
For Type A HMA using RAP substitution of greater than 15 percent of the aggregate blend, the virgin binder grade must comply with the PG binder grade specified above with 6 degrees C reduction in the upper and lower temperature classification.
For Type A HMA using RAP substitution of 15 percent or less of the aggregate blend, the grade of the virgin binder must comply with the PG binder grade specified above.
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DIVISION VI STRUCTURES
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49 PILING
Add to section 49-3.02B(6)(c):
The synthetic slurry must be one of the materials shown in the following table:
Material Manufacturer
SlurryPro CDP KB INTERNATIONAL LLC
735 BOARD ST STE 209
CHATTANOOGA TN 37402
(423) 266-6964
Super Mud PDS CO INC
105 W SHARP ST
EL DORADO AR 71731
(870) 863-5707
Shore Pac GCV CETCO CONSTRUCTION DRILLING PRODUCTS
2870 FORBS AVE
HOFFMAN ESTATES IL 60192
(800) 527-9948
Terragel or Novagel
Polymer
GEO-TECH SERVICES LLC
220 N. ZAPATA HWY STE 11A-449A
LAREDO TX 78043
(210) 259-6386
BIG FOOT MATRIX CONSTRUCTION PRODUCTS
50 S MAIN ST STE 200
NAPERVILLE IL 60540
(877) 591-3137
POLY-BORE BAROID INDUSTRIAL DRILLING PRODUCTS
3000 N SAM HOUSTON PKWY EAST
HOUSTON TX 77032
(877) 379-7412
Use synthetic slurries in compliance with the manufacturer's instructions. Synthetic slurries shown in the above table may not be appropriate for a given job site.
Synthetic slurries must comply with the Department's requirements for synthetic slurries to be included in the above table. The requirements are available from:
Offices of Structure Design
P.O. Box 168041
MS# 9-4/11G
Sacramento, CA 95816-8041
SlurryPro CDP synthetic slurry must comply with the requirements shown in the following table:
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SlurryPro CDP
Quality characteristic Test method Requirement
Density: Mud weight (density),
API RP 13B-1,
section 5
During drilling (pcf)
≤ 67.0a
Before final cleaning and immediately before
placing concrete (pcf)
≤ 64.0a
Viscosity: Marsh funnel and cup,
API RP 13B-1, section 7.2
During drilling (sec/qt) 50–120
Before final cleaning and immediately before
placing concrete (sec/qt)
≤ 70
pH Glass electrode pH meter or
pH paper
6.0–11.5
Sand content, percent by volume: Sand,
API RP 13B-1, section 10
Before final cleaning and immediately before
placing concrete (%)
≤ 1.0
NOTE: Slurry temperature must be at least 40 °F when tested. aIf authorized, you may use slurry in a salt water environment. The allowable density of slurry in a salt water environment may be increased by 2 pcf.
Super Mud synthetic slurry must comply with the requirements shown in the following table:
Super Mud
Quality characteristic Test method Requirement
Density: Mud weight (density),
API RP 13B-1,
section 5
During drilling (pcf)
≤ 64.0a
Before final cleaning and immediately before
placing concrete (pcf)
≤ 64.0a
Viscosity: Marsh funnel and cup,
API RP 13B-1, section 7.2
During drilling (sec/qt) 32–60
Before final cleaning and immediately before
placing concrete (sec/qt)
≤ 60
pH Glass electrode pH meter or
pH paper
8.0–10.0
Sand content, percent by volume: Sand,
API RP 13B-1, section 10
Before final cleaning and immediately before
placing concrete (%)
≤ 1.0
NOTE: Slurry temperature must be at least 40 °F when tested. aIf authorized, you may use slurry in a salt water environment. The allowable density of slurry in a salt water environment may be increased by 2 pcf.
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Shore Pac GCV synthetic slurry must comply with the requirements shown in the following table:
Shore Pac GCV
Quality characteristic Test method Requirement
Density: Mud weight (density),
API RP 13B-1,
section 5
During drilling (pcf)
≤ 64.0a
Before final cleaning and immediately before
placing concrete (pcf)
≤ 64.0a
Viscosity: Marsh funnel and cup,
API RP 13B-1, section 7.2
During drilling (sec/qt) 33–74
Before final cleaning and immediately before
placing concrete (sec/qt)
≤ 57
pH Glass electrode pH meter or
pH paper
8.0–11.0
Sand content, percent by volume: Sand,
API RP 13B-1, section 10
Before final cleaning and immediately before
placing concrete (%)
≤ 1.0
NOTE: Slurry temperature must be at least 40 °F when tested. aIf authorized, you may use slurry in a salt water environment. The allowable density of slurry in a salt water environment may be increased by 2 pcf.
Terragel or Novagel Polymer synthetic slurry must comply with the requirements shown in the following table:
Terragel or Novagel Polymer
Quality characteristic Test method Requirement
Density: Mud weight (density),
API RP 13B-1,
section 5
During drilling (pcf)
≤ 67.0a
Before final cleaning and immediately before
placing concrete (pcf)
≤ 64.0a
Viscosity: Marsh funnel and cup,
API RP 13B-1, section 7.2
During drilling (sec/qt) 45–104
Before final cleaning and immediately before
placing concrete (sec/qt)
≤ 104
pH Glass electrode pH meter or
pH paper
6.0–11.5
Sand content, percent by volume: Sand,
API RP 13B-1, section 10
Before final cleaning and immediately before
placing concrete (%)
≤ 1.0
NOTE: Slurry temperature must be at least 40 °F when tested. aIf authorized, you may use slurry in a salt water environment. The allowable density of slurry in a salt water environment may be increased by 2 pcf.
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BIG-FOOT synthetic slurry must comply with the requirements shown in the following table:
BIG-FOOT
Quality characteristic Test method Requirement
Density: Mud weight (density),
API RP 13B-1,
section 5
During drilling (pcf)
≤ 64.0a
Before final cleaning and immediately before
placing concrete (pcf)
≤ 64.0a
Viscosity: Marsh funnel and cup,
API RP 13B-1, section 7.2
During drilling (sec/qt) 30–125
Before final cleaning and immediately before
placing concrete (sec/qt)
55-114
pH Glass electrode pH meter or
pH paper
8.5–10.5
Sand content, percent by volume: Sand,
API RP 13B-1, section 10
Before final cleaning and immediately before
placing concrete (%)
≤ 1.0
NOTE: Slurry temperature must be at least 40 °F when tested. aIf authorized, you may use slurry in a salt water environment. The allowable density of slurry in a salt water environment may be increased by 2 pcf.
POLY-BORE synthetic slurry must comply with the requirements shown in the following table:
POLY-BORE
Quality characteristic Test method Requirement
Density: Mud weight (density),
API RP 13B-1,
section 5
During drilling (pcf)
62.8-65.8a
Before final cleaning and immediately before
placing concrete (pcf)
62.8-64.0a
Viscosity: Marsh funnel and cup,
API RP 13B-1, section 7.2
During drilling (sec/qt) 50–80
Before final cleaning and immediately before
placing concrete (sec/qt)
50-80
pH Glass electrode pH meter or
pH paper
7.0–10.0
Sand content, percent by volume: Sand,
API RP 13B-1, section 10
Before final cleaning and immediately before
placing concrete (%)
≤ 1.0
NOTE: Slurry temperature must be at least 40 °F when tested. aIf authorized, you may use slurry in a salt water environment. The allowable density of slurry in a salt water environment may be increased by 2 pcf.
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DIVISION X ELECTRICAL WORK
86 GENERAL
Replace the 1st and 2nd paragraphs of section 86-1.01A with:
Section 86 includes general specifications for electrical work. 120
Electrical work must comply with part 4 of the California MUTCD and 8 CA Code of Regs, chapter 4, subchapter 5, "Electrical Safety Orders."
Add to the list in the 2nd paragraph of section 86-1.02C(1):
15. LIGHTING for City pathway lighting system
The cover marking of pull box must not include CALTRANS for City electrical systems
Replace the 4th paragraph of section 86-1.02F(1) with:
Conductors must be copper.
Replace the 2nd paragraph of section 86-1.02F(2)(c)(ii) with:
An equipment grounding conductor must be bare.
Replace the 1st sentence in the 16th paragraph of section 86-1.02P(2) with:
The interior of the enclosure must accept cable-in/cable-out circuit breakers. The circuit breakers must be mounted on nonenergized clips and vertically with the up position of the handle being the ON position.
Replace the 18th paragraph of section 86-1.02P(2) with:
Nameplate must be installed:
1. Adjacent to the breaker on the dead front panel. The characters must be a minimum of 1/8 inch high.
2. Adjacent to the component on the back panel. The characters must be a minimum of 1/8 inch high.
3. At the top exterior of the door panel. The nameplate must include the system number, voltage, number of phases and service address engraved in minimum 3/16-inch-high characters.
Add to the end of section 86-1.02(P)(2):
Provide a clearance of 24 inches minimum between the bottom of the lowest circuit breaker and the bottom of the service equipment enclosure for a Type III-A series.
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87 ELECTRICAL SYSTEMS
Replace the 3rd paragraph of section 87-1.03A with:
At least 3 business days before performing work on the existing system, notify:
1. The Engineer
Add to the beginning of section 87-1.03B(3)(a):
Use Type 3 conduit for underground installation.
Use Type 3, Schedule 80 conduit in a foundation and between a foundation and the nearest pull box.
121
Add between the 6th and 7th paragraph of section 87-1.03B(3)(a):
You may use the trench-in-pavement method to install conduit under existing pavement:
1. For temporary conduit
2. If the delay to vehicles will be less than 5 minutes.
Install conduit to a depth of 14 inches for the trench-in-pavement method. Do not use the trench-in- pavement method for conduit installation under freeway lanes, freeway connectors or freeway ramps.
Conduit shown under a sidewalk may be installed in the street within 3 feet of and parallel to the face of the curb. Install pull boxes behind the curb.
Replace the 3rd paragraph of section 87-1.03C(2)(a) with:
Install a pull box on a bed of crushed rock.
Replace the 2nd paragraph of section 87-1.03H(2) with:
Use Method B to insulate a splice.
Add section 87-2.02D:
The City pathway lighting must be:
1. Lumec Domus series with 35 wattage and 2700k color temperature LED luminaire, and model number shall be DMS50-35W32LED2.7K-G3-LE2F-120-DMG-HS-COLTX or approved equal.
2. The lighting standard and bracket model shall be APR4W-15-COLTX and BM-003-1A-R4-COLTX or approved equal.
The color of luminaire housing, standard and bracket shall be determined by the City. The contractor shall submit color sample to City for approval.
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