Award of Construction Contract for the Ellwood Mesa Monarch Butterfly Habitat Management Plan Phase I Implementation – Irrigation Mainline Project — Goleta City Council, September 17, 2024 (part 1 of 2)

Agenda Item A.6

CPMS CONSENT CALENDAR
Meeting Date: September 17, 2024
____________________________________________________________ TO: Mayor and Councilmembers
SUBMITTED BY: Luz “Nina” Buelna, Interim Public Works Director PREPARED BY: Andrew Fuller, Principal Civil Engineer
SUBJECT: Award of Construction Contract for the Ellwood Mesa Monarch Butterfly Habitat Management Plan Phase I Implementation – Irrigation Mainline Project
RECOMMENDATIONS:

A. Approve Plans and Specifications for the Ellwood Mesa Monarch Butterfly Habitat Management Plan Phase I Implementation – Irrigation Mainline Project; B. Award and authorize the City Manager to execute a Construction Contract with Schock Contracting Corporation for the Ellwood Mesa Monarch Butterfly Habitat Management Plan Phase I Implementation – Irrigation Mainline Project in an amount not-to-exceed of $ 464,160 subject to the requirements of the contract documents;
C. Authorize the Public Work s Director to approve contract contingency for the Ellwood Mesa Monarch Butterfly Habitat Management Plan Phase I Implementation – Irrigation Mainline Project in an amount not -to-exceed of $92,832; and
D. Award and authorize the City Manager to execute a Professional Design Services Agreement with MNS Engineers , Inc. in an amount not -to-exceed of $206,983 for Construction Management , Inspection, and Material Testing services with a June 30, 2025 termination date.

BACKGROUND:

The scope of work for this project includes installing an irrigation mainline with zone isolation valves to support habitat restoration plantings across 60 acres of eucalyptus grove at the Ellwood Mesa/Sperling Preserve Open Space. 1 Meeting Date: September 17, 2024

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In May 2024, t he Public Works Department solicited competitive bids per Municipal Code Section 3.05.210 for the Ellwood Mesa Monarch Butterfly Habitat Management Plan ( Ellwood Mesa MBHMP) Phase I Implementation – Irrigation Mainline Project (Project). The bids were opened on June 24, 2024, and only one bid was received for $694,263.63, 128% over the Engineer's Estimate. As a result , on July 16, 2024, at the recommendation of Public Works staff , the City Council rejected all bids for the Project and authorized staff to call for new bids. Since this decision, Public Works staff have worked with the design team to refine the design, adjust the engineer's estimate, and provide more clarity in the construction bid documents and specifications. Public Works staff have also contacted individual contractors to inform them of the call for bids to increase competition for the Project.

DISCUSSION:

The Public Works Department solicited a second round of competitive bids per Municipal Code Section 3.05.210 for the Project. The City Council authorized staff to advertise a notice inviting construction bids for the Project on July 16, 2024. On July 26, 2024, bid documents were published to the PlanetBids portal , construction trade journals specified by the California Uniform Construction Cost Accounting Commission were notified, and contractors listed on the City’s Qualified Bidders List were informed of the Project . In addition, a notice was published in the San ta Barbara Independent on August 8, 2024, and August 15, 2024. The bids were opened virtually via PlanetBids on August 26, 2024. The City received a total of four (4) bids. A summary of the bid s and the Engineer’s Estimate are shown in Table 1.

Table 1: Bid Results
Bidder Bid Amount
Engineer’s Estimate $484,052.00
Schock Contracting Corporation $464,160.00
Enviroscaping $491,518.87
JAS Landscaping, LLC. $563,764.75
Quincon, Inc. $583,349.82
The design consultant’s engineer estimated construction costs at $484,052. Schock Contracting Corporation is the apparent lowest responsible bidder at $464,160. Public Works staff recommends that the City Council award and authorize the City Manager to execute the construction contract to Schock Co ntracting Corporation for $464,160, with the authority for a construction contingency of $92,832.

In addition, Public Works staff selected MNS Engineers, Inc. (MNS) from the City’s 2023 Pre-Qualified Consultant list to provide Construction Management, Ins pection, and Testing, (CMIT) services for the Project. MNS is qualified to perform the work and has provided professional construction management and inspection for the City in the past.

Public Works s taff reviewed and negotiated the scope and cost for the se services and 2 Meeting Date: September 17, 2024

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recommends the City Council award and authorize the City Manager to execute a professional services agreement with MNS for a not-to-exceed amount of $206,983.

ENVIRONMENTAL REVIEW:

The City Council adopted the project's environmental doc ument (Initial Study/Mitigated Negative Declaration or IS -MND) at their March 19, 2019 , City Council meeting. The Ellwood Mesa MBHMP was determined not to significantly affect the environment by adopting a mitigation monitoring and reporting program (MMRP) for the conditions of project approval necessary to mitigate or avoid significant effects. An addendum was prepared to document changes that have occurred in the Project Description for the approved pro ject since the City Council adopted the Final IS -MND. The addendum concluded that no new or more severe environmental impacts beyond those disclosed in the Final IS -MND would occur because of the changes and was adopted by the City Council at their October 17, 2023, meeting.

FISCAL IMPACTS:

The total estimated costs and funding sources associated with the Project are approximately $787,183 , as shown in Table 2 below. Project costs will be entirely supported by the MBHMP Grant.

Table 2 – Project Cost Estimated

Project Components Project Costs Funding Source Funding Amounts
Construction $556,992 MBHMP Grant (322) $787,183
Construction
Management, Inspection,
Testing and Monitoring
$206,983
Staff Time $23,208
Total $787,183 Total $787,183

ALTERNATIVES:

The City Council may reject all bids and direct staff to re -bid the project. Doing so would delay the project's construction and put at risk the ability to utilize the grant funds from the Coastal Conservancy which must be used by February 2025.

LEGAL REVIEW BY: Megan Garibaldi, City Attorney

APPROVED BY: Robert Nisbet, City Manager

ATTACHMENTS:

1. Construction Contract with Schock Contracting Corporation 3 Meeting Date: September 17, 2024

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2. Professional Services Agreement with MNS Engineers, Inc. for Construction Management, Inspection, Testing, and Monitoring Services

3. Schock Contracting Corporation Bid Proposal for the Ellwood MBHMP Phase I Implementation – Irrigation Mainline Project

4. Ellwood Mesa MBHMP Phase I Implementation - Irrigation Mainline Project Plans

5. Ellwood Mesa MBHMP Phase I Implementation - Irrigation Mainline Project Specifications
4 ATTACHMENT 1

Construction Contract with Schock Contracting Corporation 5 Public Works Contract – Rev. June 2024

PUBLIC WORKS CONTRACT

BETWEEN THE CITY OF GOLETA
AND

SCHOCK CONTRACTING CORPORATION

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 SCHOCK CONTRACTING CORPORATION , a California Corporation (hereinafter referred to as “CONTRACTOR”).

SECTION A. RECITALS

1. Pursuant to the Notice Inviting Sealed Bids for the Ellwood Mesa Monarch Butterfly Habitat Management Plan Phase I Implementation – Irrigation Mainline Project, bids were received, publicly opened, and declared on the date specified in the notice.

2. On September 17, 2024, Goleta’s City Council declared CONTRACTOR to be the lowest responsible bidder and accepted the bid of CONTRACTOR and the City Council, approved this CONTRACT and authorized the City Manager to execute the CONTRACT with CONTRACTOR for furnishing labor, equipment, and material for the Ellwood Mesa Monarch Butterfly Habitat Management Plan Phase I Implementation – Irrigation Mainline 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. GENERAL 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 Ellwood Mesa Monarch Butterfly Habitat Management Plan Phase I Implementation – Irrigation Mainline 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; Docusign Envelope ID: FAA38971-41CA-4686-8761-8F2E45567FB3 6 Public Works Contract

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together with this CONTRACT and all required bonds, insurance certificates, permits, notices and affidavits; and also, including any and all addenda or supplemental agreements clarifying, 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 $3,500 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 Docusign Envelope ID: FAA38971-41CA-4686-8761-8F2E45567FB3 7 Public Works Contract

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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 website for State of California Prevailing wage determination at http://www.dir.ca.gov/DLSR/PWD. 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:

(1) When employment in the area of coverage by the joint appren- ticeship committee has exceeded an average of 15 percent in the 90 days before the request for certificate, or

(2) When the number of apprentices in training in the area exceeds a ratio of one to five, or

(3) When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis state-wide or locally, or

(4) 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.

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E. CONTRACTOR is required to make contributions to funds established for the administration of apprenticeship programs if CONTRACTOR employs registered 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), ex-officio 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 Enforcement.

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 Docusign Envelope ID: FAA38971-41CA-4686-8761-8F2E45567FB3 9 Public Works Contract

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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 Indemnities against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, 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 Docusign Envelope ID: FAA38971-41CA-4686-8761-8F2E45567FB3 10 Public Works Contract

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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.

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 Docusign Envelope ID: FAA38971-41CA-4686-8761-8F2E45567FB3 11 Public Works Contract

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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 subcontractors 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 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 Docusign Envelope ID: FAA38971-41CA-4686-8761-8F2E45567FB3 12 Public Works Contract

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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 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 Docusign Envelope ID: FAA38971-41CA-4686-8761-8F2E45567FB3 13 Public Works Contract

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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

SCHOCK CONTRACTING CORPORATION
PO Box 61505
Goleta, CA 93117

21. DISPUTES: Disputes arising from this contract will be determined in accordance with the contract documents.

22. NONDISCRIMINATION: The CITY reaffirms its ongoing commitment to equality in the conduct of City business, and prohibits any policy, plan, program, custom or practice, including harassment, in the conduct of City business. No discrimination or discriminatory practice shall occur in either employment of persons for, or completion of, the work contemplated by this CONTRACT, when such discrimination is based on race, color, national origin, or ancestry; religion; sex; gender, gender identity, gender expression, or gender transitioning status; physical disability, mental disability, medical condition, or genetic information; marital or domestic partner status; citizenship status; age; sexual orientation; exercising a legally protected right to an employment leave of absence; status as a victim of domestic violence, sexual assault, or stalking; reproductive health decision-making, or any other classification protected under state or federal law.

Among other possible violations of law, a violation of this section exposes CONTRACTOR to the penalties provided for in Labor Code Section 1735.

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b. Provide paper products and printing and writing paper that meet Federal Trade Commission recyclability standard as defined in 16 CFR Section 260.12.
c. Certify in writing, under penalty of perjury, the minimum percentage of postconsumer material in the paper products and printing and writing paper offered or sold to the City. This certification requirement may be waived if the percentage of postconsumer material in the paper products, printing and writing paper, or both can be verified by a product label, catalog, invoice, or a manufacturer or vendor internet website. d. Certify in writing, on invoices or receipts provided, that the paper products and printing and writing paper offered or sold to the City is eligible to be labeled with an unqualified recyclable label as defined in 16 CFR Section 260.12.
e. Comply with any other requirements in Goleta Municipal Code Section

8.10.900(B).

24. ORGANIC WASTE USE REQUIREMENTS: To the extent this contract provides landscaping maintenance, renovation, and construction services, CONTRACTOR must:
a. Use compost and SB 1383 eligible mulch, as practicable, produced from recovered organic waste, for all landscaping renovations, construction, or maintenance performed for the City, whenever available, and capable of meeting quality standards and criteria specified. SB 1383 eligible mulch used for land application must comply with 14 CCR Section 18993.1 - 18993.4, and must meet or exceed the physical contamination, maximum metal concentration and pathogen density standards specified in 14 CCR Sections 17852(a)(24.5)(A)(1) through (3).
b. Keep and provide records of procurement of recovered organic waste products (either through purchase or acquisition) to the City’s Designated Representative, upon completion of projects. Information to be provided must include:
i. General description of how and where the product was used and if applicable, applied;
ii. Source of product, including name, physical location, and contact information for each entity, operation, or facility from whom the recovered organic waste products were procured; iii. Type of product;
iv. Quantity of each product; and,
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v. Invoice or other record demonstrating purchase or
procurement.
c. Comply with all requirements in Goleta Municipal Code Section

8.10.900(A).

25. 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.

26. TIME IS OF ESSENCE: Time is of the essence for each and every provision of the Contract Documents.

27. 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.

28. 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.

29. FEDERAL REQUIREMENTS:

FEMA financial assistance will be used to fund all or a portion of this contract.

The Contractor shall comply with all federal requirements including, but not limited to, the following:

1. 2 C.F.R. Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, which is expressly incorporated herein by reference.

2. Federal Contract Provisions attached hereto as Exhibit C and incorporated herein by reference.

Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in the contract, including but not limited to, 2 C.F.R. Part 200 and the Federal Contract Provisions.

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With respect to any conflict between such federal requirements and the terms of this contract and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control.

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:

ISAAC ROSEN, ACTING CITY ATTORNEY

___________________________________
Scott Shapses, Deputy City Attorney

CONTRACTOR:

_____________________________________
John R. Schock, President

State of California License No. 691211, A, B, C-16

Department of Industrial Relations Registration No.

1000012248

Business Phone No.

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_____________________________________

CONTRACTOR’S Emergency Phone No. at
which contractor can be reached at any time

_____________________________________

_____________________________________
John R. Schock, Secretary

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EXHIBIT A

NOTICE INVITING SEALED BIDS

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NOTICE TO CONTRACTORS

INVITING SEALED BIDS

FOR THE

ELLWOOD MESA MONARCH BUTTERFLY HABITAT MANAGEMENT PLAN
(MBHMP) PHASE I IMPLEMENTATION – IRRIGATION MAINLINE

City Project Number: 9112

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 Planet Bids portal site until Monday, August 26, 2024, at 12:00 PM PDT Late proposals will be rejected. No exceptions.

Copies of the Contract Documents and the Proposal Forms for bidding the project, may be obtained from the PlanetBids Website: https://pbsystem.planetbids.com. Proposals which do not acknowledge addendums to the project documents will be rejected.

All communications relative to this project shall be conducted through PlanetBids.

Questions about alleged patent ambiguity of the plans, specifications, or estimate must be asked before bid opening. After bid opening, the CITY does not consider these questions as bid protests.

A pre-bid meeting will be held at the Ellwood Mesa Open Space Parking Lot (7729 Hollister Ave, Goleta, CA 93117) at 11:00 AM, Monday, August 12, 2024 (Non-Mandatory).

It is required that the Bidders have fully inspected the Project site in all particulars and become thoroughly familiar with the terms and conditions of the Bid Plans and Special Provisions and local conditions affecting the performance and costs of the Work prior to bidding and it is recommended that this be done prior to attending this meeting.

Pursuant to California Labor Code Section 1773, the City has ascertained the General Prevailing Rate of Wages in the County in which the work is to be done to be as determined by the Director of Industrial Relations of the State of California. Contractor is hereby made aware that information regarding prevailing wage rates may be obtained from the State Department of Industrial Relations and/or the following website address: https://www.dir.ca.gov/OPRL/2024- 1/PWD/Southern.htmlThe Contractor is required to post a copy of the applicable wage rates at the job site. Attention is directed to Section 5 LEGAL RELATIONS AND RESPONSIBILITIES of the Greenbook Standard Specifications.

The California Air Resources Board (“CARB”) implemented amendments to the In-Use Off-Road Diesel-Fueled Fleets Regulations (“Regulation”) which are effective on January 1, 2024 and apply broadly to all self-propelled off road diesel vehicles 25 horsepower or greater and other forms of equipment used in California. A copy of the Regulation is available at https://ww2.arb.ca.gov/sites/default/files/barcu/regact/2022/off-roaddiesel/appa-1.pdf. Bidders are required to comply with all CARB and Regulation requirements, including, without limitation, all applicable sections of the Regulation, as codified in Title 13 of the California Code of Regulations section 2449 et seq. throughout the term of the Project. Bidders must provide, with Docusign Envelope ID: FAA38971-41CA-4686-8761-8F2E45567FB3 20 NTC 2
their Bid, copies of Bidder’s and all listed subcontractors the most recent, valid Certificate of Reported Compliance (“CRC”) issued by CARB. Failure to provide valid CRCs as required herein may render the Bid non-responsive.

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.

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 working 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 ELLWOOD MESA

MONARCH BUTTERFLY HABITAT MANAGEMENT PLAN (MBHMP) PHASE I IMPLEMENTATION – IRRIGATION MAINLINE.”

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.

In accordance with the California Public Contract Code 20103.5 when federal funds are involved in local agency contracts, no bid shall be invalidated by the failure of the bidder to be licensed in California at the time of bid opening. However, at the time of award, the selected contractor shall be properly licensed in accordance with the laws of the State and the City of Goleta. Contractor shall possess a valid Class A - General Engineering Contractor or Class C-27 – Landscaping Contractor license prior to award of Contract. Said license shall be maintained during the contract period. It is the Bidder’s and Contractor’s responsibility to obtain the correct Contractor’s licenses. Bidders shall be skilled and regularly engage in the general class or type of work called for under this contract.

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.

Docusign Envelope ID: FAA38971-41CA-4686-8761-8F2E45567FB3 21 NTC 3
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.

The Contractor Company, including the Responsible Managing Officer (RMO) for the Contractor Company, shall demonstrate a minimum of five (5) years' experience successfully performing projects of substantially similar type, magnitude, and character of the work bid. The CITY reserves the right to reject all bids, reject any bid that is not responsive to the invitation, or to waive any minor irregularity and to take all bids under advisement for a period of up to ninety (90) working days. Failure to provide proof of the Contractor’s current registration pursuant to Section 1725.5 of the Labor Code may result in rejection of the bid as non-responsive. Failure to comply with enforcement provisions pursuant to Section 1771.4 of the Labor Code may result in a determination that the Bidder is not responsible.

Bids shall remain open and valid for a period of one hundred twenty (120) calendar days after the Bid Deadline.

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.

The U.S. Department of Transportation (DOT) provides a toll-free “hotline” service to report bid rigging activities. Bid rigging activities can be reported Mondays through Fridays, between 8:00 a.m. and 8:00 p.m., Eastern Time, Telephone No. 1-800-424-9071. Anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent activities should use the “hotline” to report these activities. The “hotline” is part of the DOT’s continuing effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the DOT Inspector General. All information will be treated confidentially, and caller anonymity will be respected.

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 [email protected] or register on the CITY’s website (www.cityofgoleta.org).

CITY OF GOLETA

_________________________
Deborah S. Lopez, City Clerk

Published:

Santa Barbara Independent: August 8, 2024 and August 15, 2024 Docusign Envelope ID: FAA38971-41CA-4686-8761-8F2E45567FB3 22 Public Works Contract

SCHOCK CONTRACTING CORPORATION

Page 15 of 15 ends

Public Works Contract – Rev. March 2024

EXHIBIT B

BID PROPOSAL

Docusign Envelope ID: FAA38971-41CA-4686-8761-8F2E45567FB3 23 Docusign Envelope ID: FAA38971-41CA-4686-8761-8F2E45567FB3 24 Docusign Envelope ID: FAA38971-41CA-4686-8761-8F2E45567FB3 25 Docusign Envelope ID: FAA38971-41CA-4686-8761-8F2E45567FB3 26 Docusign Envelope ID: FAA38971-41CA-4686-8761-8F2E45567FB3 27 Docusign Envelope ID: FAA38971-41CA-4686-8761-8F2E45567FB3 28 Docusign Envelope ID: FAA38971-41CA-4686-8761-8F2E45567FB3 29 ATTACHMENT 2

Professional Services Agreement with MNS Engineers, Inc for Construction Management, Inspection, Testing and Monitoring Services 30 DocuSign Envelope ID: 3FEA35A4-64A0-4B37-B5CB-1704E57FF129 31 DocuSign Envelope ID: 3FEA35A4-64A0-4B37-B5CB-1704E57FF129 32 DocuSign Envelope ID: 3FEA35A4-64A0-4B37-B5CB-1704E57FF129 33 DocuSign Envelope ID: 3FEA35A4-64A0-4B37-B5CB-1704E57FF129 34 DocuSign Envelope ID: 3FEA35A4-64A0-4B37-B5CB-1704E57FF129 35 DocuSign Envelope ID: 3FEA35A4-64A0-4B37-B5CB-1704E57FF129 36 DocuSign Envelope ID: 3FEA35A4-64A0-4B37-B5CB-1704E57FF129 37 DocuSign Envelope ID: 3FEA35A4-64A0-4B37-B5CB-1704E57FF129 38 DocuSign Envelope ID: 3FEA35A4-64A0-4B37-B5CB-1704E57FF129 39 DocuSign Envelope ID: 3FEA35A4-64A0-4B37-B5CB-1704E57FF129 40 DocuSign Envelope ID: 3FEA35A4-64A0-4B37-B5CB-1704E57FF129 41 EXHIBIT A

SCOPE OF WORK

TASK 1.0 PRE-CONSTRUCTION PHASE SERVICES
Kick-off Meeting – MNS will work with City staff to review procedures, establish a roles and responsibilities matrix, and review and verify mutual understanding of contract documents and construction issues.

Review Design Documents – MNS will review design documents prior to construction.

Contract Administration – MNS will establish document control procedures and Construction Management procedures to ensure organized, complete, and effective construction management and documentation at the onset and throughout the project duration. MNS will use CMIS, a cloud- based system for its document control.

Preconstruction Conference – MNS will prepare an agenda, chair the briefing, and prepare minutes documenting the meeting held with City, Engineer, Contractor, Construction Manager, and other pertinent parties prior to construction.

Preconstruction Condition D ocumentation – MNS will digitally photograph the site and adjoining area in the pre-construction condition.

TASK 2. CONSTRUCTION PHASE SERVICES
Project Communication and C oordination – MNS will keep logs, files, correspondence, agendas, minutes, and other documents as necessary to assure dissemination of information, as well as the ability to locate documents in the future. MNS will use CMIS cloud-based system for document control.

Project S chedule – MNS will review Contractor’s baseline schedule and monthly schedule updates for compliance.

Submittal Management – MNS, through CMIS, will coordinate, log, and distribute submittals to the Engineer or appropriate reviewer. Copies of the submittal log will be included with each weekly coordination meeting’s agenda/minutes, and MNS will follow up to assure appropriate and timely response by the Engineer.

RFI Management – MNS will maintain a log system for Requests for Information. Within the Construction Manager’s authority responses shall be made in the field and logged accordingly.

Otherwise, responses shall be facilitated by the appropriate person(s) so that no unwarranted delays are experienced.

Materials Management – MNS will verify that the material incorporated into the project are in accordance with the contract documents and approved submittals.

Change Order Management – MNS will establish a Potential Change Order (PCO) process and shall track all items and issues that are likely to result in change orders. A log shall be established indicating the type of each PCO, the potential impacts to cost, schedule, and other matters. The log shall be attached to weekly meeting agenda/minutes and shall be reviewed in the weekly meetings. MNS will review all Contractor Requests for Change Orders, to determine whether appropriate procedure has been followed and the necessary information has been prov ided.

Requests will be logged and distributed to the City, with documentation as necessary such as inspection reports, sketches, photos or other materials necessary for evaluation. MNS will make a recommendation as to the disposition of each change order request. Upon City review and DocuSign Envelope ID: 3FEA35A4-64A0-4B37-B5CB-1704E57FF129 42 determination, MNS will prepare Change Orders for signature by City staff using the City’s template, obtain Contractor signature, and facilitate approval by the City and distribution thereafter.

Construction Observation/I nspection – MNS will perform daily inspection/monitoring of construction activities and determine that work is in compliance with the project plans, specifications, and permits. The Inspector’s Daily Reports shall include information such as workers and equipment actively engaged in the project, weather conditions, work accomplished that day, records of T&M work performed, pictures, documentation of conversations with Contractor personnel, and problems anticipated or encountered. Inspector will identify any non- compliant work and notify and inspect corrective work by the Contractor.

Environmental Compliance –MNS sub consultant, JBD Environmental Consulting, will provide required environmental surveys and monitoring for compliance with the environmental documents. Full Environmental scope included in Task 3.

Arborist Review – Rincon Consulting will provide an arborist to r eview contractor’s tree cutting and removal to assure all work is being performed in accordance with the City and permit requirements.

Materials Testing – MNS will perform as needed materials testing . MNS will coordinate with NV5, materials testing sub consultant, on testing needs.

Safety –Contractor shall remain the sole responsible party for safety requirements. Consultant will notify Contractor and City of any observed deficiencies per CAL-OSHA or Contractor’s safety program.

Jobsite Weekly Progress Meetings – MNS will prepare agendas and minutes, along with other pertinent information. Agendas/ minutes shall be distributed through the contract administration system.

Payment Application Review – MNS will review the Contractor’s progress pay estimates in accordance with the construction contract. Payments on progress estimates shall be supported by source documents that represent measured quantities. A complete and accurate pay estimate shall be forwarded to the City for payment. MNS will maintain a current estimate of overall construction costs.

TASK 3 ENVIRONMENTAL SERVICES
Task 3-1.0 Meetings/Conference Calls/Project Management This task includes up to twenty (10) hours of time for site meetings, conference calls, and project management to discuss project logistics, reporting obligations, project review, construction activities, schedule, and lines of communication. A discussion of the timing and need for any biological, archeological, and Native American monitoring will also be discussed so that critical time periods can be met.

Task 3-2.0 Biological Pre-construction Surveys
This task includes pre-construction surveys for woodrat middens, roosting bats, special status birds, raptors, and nesting birds. It also includes time for a pre-construction Survey Report for submittal to the City of Goleta. Scope and cost assume these surveys can be completed concurrently.

Task 3-2.1 Woodrat Midden Survey
DocuSign Envelope ID: 3FEA35A4-64A0-4B37-B5CB-1704E57FF129 43 A qualified biologist will conduct a survey for woodrat middens no more than 2 weeks prior to start of ground disturbance activities. If common woodrat middens are discovered, the biologist will flag the midden for avoidance and delineate a 10-foot buffer around the midden.

Task 3-2.2 Nesting Bird Survey
A qualified biologist will conduct a nesting bird survey no more than two weeks prior to project related disturbance during the avian nesting season (February 1 to September 15). The survey area will include all potentially suitable habitat and a 500-foot buffer. The survey will be conducted to confirm the presence/absence of nesting birds and/or nesting activity. We will identify avian species present and determine if such species are subject to protection under the California Fish and Game Code (CFGC) and/or Migratory Bird Treaty Act (MBTA). The survey will be conducted by a qualified biologist familiar with the identification of avian species known to occur in Santa Barbara County. If white-tailed kites are observed to be nesting, a minimum 500- foot buffer will be established around the nest site and the City will be immediately notified.

The biologist will conduct observations from the ground, surveying for existing nests and breeding/nesting behavior such as courtship displays, copulation, vegetation or food carries, presence of fledglings, and territorial displays (e.g., singing or aggression). Where nests or young were suspected, physical inspection of the shrub, tree, or ground will be conducted to confirm presence or absence of nests or birds. Binoculars (10 x 42) and a spotting scope will be used to aid in the identification of birds and other wildlife. If active nests are observed, a no activity buffer will be installed around the nest in coordination with the construction manager.

The buffer will be marked with flagging tape to avoid disturbance.

Task 3-2.3 Roosting Bat Survey
A qualified biologist will conduct a roosting bat survey no more than two weeks prior to construction activities with potential to affect bats. The biologist will survey all suitable habitat (loose bark, holes, or crevices in suitable roost trees) for occupied roosts. If an active bat roost is found, the qualified biologist will establish a no-disturbance buffer around the roost. The buffer will be maintained until the qualified bat biologist determines the roost is no longer occupied. If evidence of bat use is observed, the species and number of bats using the roost will be determined utilizing SonoBat, Kaleidoscope Pro, Insight to supplement survey efforts.

Assumptions:

Scope and cost assume no evidence of bat roosts will be found and no additional studies, programs, or consultation will be required.

Task 3-2.4 Biological Pre-construction Survey Report
The results of the pre-construction surveys will be documented in a letter memorandum. The memo will include a discussion of survey methodology, weather conditions, species observations, the status of nesting activity, a list of any species currently utilizing nests, determination if the species is/are protected under the CFGC, a description of habitat suitability (habitat assessments), a map of the survey area, and any recommendations for additional actions needed to comply with applicable regulations such as avoidance buffers and biological monitoring.

Task 3-3.0 Construction Monitoring and Training
Task 3-3.1 Environmental Training Program
Prior to construction, a qualified biologist will provide a training session to inform all project personnel of the sensitive biological resources as they relate to the project. Specifically, the training will include:

DocuSign Envelope ID: 3FEA35A4-64A0-4B37-B5CB-1704E57FF129 44 • A handout with a summary of mitigation requirements. • The natural history, representative photographs, and legal status of each federally listed species with potential to occur.
• A description of the sensitive biological resources occurring in the area, including special-status resources, water quality, and Best Management Practices. • The boundaries within which the project may be accomplished. • The measures and restrictions to protect sensitive resources during project implementation.
• The provisions of the Endangered Species Act (ESA) and the necessity of adhering to the provisions.
• The penalties associated with violations of the ESA.

JBD will provide a handout and sign-in sheet to track trainings and provide new trainings as necessary.

Task 3-3.2 Environmental Monitoring
JBD will provide a qualified biologist for monitoring services during the length of the project to ensure compliance with the mitigation measures developed for the project. The monitor will be present during all construction activities to ensure compliance with all environmental protection practices, mitigation measures, and applicable permit conditions.

In addition, the monitor will:
• Establishing lines of communication and reporting methods • Monitor nesting bird activity
• Discuss actions to be taken in the event of non-compliance. • Ensure all personnel have received environmental training and provide additional trainings as necessary.
• Complete daily monitoring logs with representative photographs. • Ensure compliance with invasive species control measures • Provide site inspections, photos, monitoring, and reporting as required by permits and authorizations.
• Provide clarification on mitigation measures
The monitor will be responsible in the field for compliance of all approved mitigation measures and will communicate with the project manager daily to maintain a continual and efficient level of communication between the project team.

Assumptions:
• Scope and cost assume (35) eight-hour monitoring days. • Biological monitoring day rate is $ 1,050 per day, which entails monitoring by one biologist for up to 8 hours of per day, including drive time/mileage, and 0.50 hour per day for review of monitoring logs by Project Manager. Half day rate for 4 hours and under is $550 per day. Any time exceeding an 8-hour day will be subject to overtime rates, which includes an hourly rate of $150.00 per hour over 8 hours and 177.50 per hour over ten hours.

Task 3-3.3a/b Archeological and Native American Monitoring A qualified archaeologist and local Chumash Native American Monitor will monitor all ground- disturbing activities associated with the Monarch Butterfly Habitat Management Plan (MBHMP), including but not limited to trail modification and vegetation and tree removal. The qualified DocuSign Envelope ID: 3FEA35A4-64A0-4B37-B5CB-1704E57FF129 45 archaeological monitor will be under the direction of an archaeologist meeting the Secretary of the Interior’s Professional Qualifications Standards for prehistoric archaeology (National Park Service 1983). If archaeological resources are encountered during ground-disturbing activities, work in the immediate will be halted and the find will be evaluated for significance.

Archaeological and/or Native American monitoring may be reduced or halted at the discretion of the monitors as warranted by conditions including, but not limited to, negative findings during the first 60 percent of ground disturbance. If monitoring is reduced to spot-checking, spot- checking shall occur when ground-disturbing activities occur in a new location in the Coverage Area or when ground disturbance would extend to depths not previously reached (unless those depths are within bedrock).

Assumptions:
• Scope and cost assume up to (15) 8-hour monitoring days for the archeologist and (15) 8-hour monitoring days for the Native American monitor. • Scope and cost assume no archaeological resources will be identified during construction and no additional studies will be required, including Phase II testing. • Archeological monitoring day rate is $ 1,020 per day, which entails monitoring by one archaeologist for up to 8 hours of per day, including mileage, and 0.50 hour per day for review of monitoring logs by the Archaeological Project Manager. Monitoring cannot be allocated into half day rates. Any time exceeding an 8-hour day will be subject to overtime rates, which includes an hourly rate of $150.00 per hour over 8 hours and 177.50 per hour over ten hours.

Task 3-3.4 Archeological Monitoring Report
Upon completion of archaeological construction monitoring, an Archeological Monitoring Report will be completed and will include all Daily Monitoring Logs, relevant maps and photographs, and summaries of daily monitoring by each archaeological monitor. The monitoring report will be suitable for submittal to the City.

TASK 4. POST-CONSTRUCTION PHASE SERVICES
Final Inspection and Punch List – MNS will provide final inspection and prepare list of project construction deficiencies for resolution by Contractor.

Record Drawings – MNS will provide final mark-ups of the project drawings to reflect Contractor provided as-built drawings and all changes made to the contract documents for preparation of final record drawings by the design engineer.

Final Documentation Turnover – MNS will provide the City with all project documentation.

Notice of Completion – Upon completion of all punch list items, MNS will prepare a Notice of Completion and any final documentation requested by the City. Thereafter, the Contractor’s final payment shall be processed.

DocuSign Envelope ID: 3FEA35A4-64A0-4B37-B5CB-1704E57FF129 46 ROLE Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov
Principal Construction Manager 2 2 290.00 $580.00
Sr. Resident Engineer 24 24 265.00 $6,360.00
Sr. Construction Inspector 12 12 185.00 $2,220.00
Project Administrator 12 12 130.00 $1,560.00
Task 2 Construction Phase
Principal Construction Manager 2 2 4 290.00 $1,160.00
Sr. Resident Engineer 50 40 90 265.00 $23,850.00
Sr. Construction Inspector 160 150 310 185.00 $57,350.00 Project Administrator 24 16 40 130.00 $5,200.00
Task 3 Post-Construction
Sr. Resident Engineer 24 24 265.00 $6,360.00
Sr. Construction Inspector 8 8 185.00 $1,480.00
Project Administrator 24 24 130.00 $3,120.00
0 0 0 0 0 0 50 236 208 0 0 494 $109,240.00
Materials Testing

Notes:

1. Assuming construction period start date of August 1, 2024 and is completed within 45 Working days

2. Hours based on a 8 hour day with no overtime, any overtime is considerd extra and billed per standard fee schedule

3. Specialty Inspection is not included in this proposal

4. Overtime and direct costs will be billed in accordance with MNS standard fee scehdule

5. Environmental Monitoring hours/costs are estimated and may require more or less time depending on contractor's scheduled operation.

6. Arborist cost based on an assumed 8-hr day for 8 days of tree trimming and removal. Cost at $174/hr x 8hrs x 8days plus $90/day vehicle charge. $80,293.00
$206,983
Direct Expenses
Environmental

SUB-TOTAL

TOTAL COST

TOTAL COST
$3,450.00
$97,743.00
Task 1 Pre-Construction Phase

HOURLY
RATE
TOTAL
HOURS
2024

SUB-TOTAL
Arborist
Staffing Plan for

TOTAL COST
Construction Mangement and Inspection Services
for the
City of Goleta
Ellwood Mesa Irrigation Project
$14,000.00
CIGOL Elwood Mesa Irrigation Mainline Staffing Plan(Rev)

EXHIBIT B

SCHEDULE OF FEES
DocuSign Envelope ID: 3FEA35A4-64A0-4B37-B5CB-1704E57FF129 47 2 0 2 4 S T A N D A R D S C H E D U L E O F F E E S

PROJECT/PROGRAM MANAGEMENT
Principal-In-Charge ............................... $340 Senior Project/Program Manager ...... 325
Project/Program Manager .................... 275
Assistant Project/Program Manager 255
Senior Project Coordinator ................... 195
Project Coordinator ................................. 165

ENGINEERING
Principal Engineer .................................. $305 Lead Engineer ............................................ 270 Supervising Engineer .............................. 255 Senior Project Engineer ......................... 235
Project Engineer........................................ 210 Associate Engineer .................................. 190 Assistant Engineer.................................... 175

SURVEYING
Principal Surveyor .................................. $280 Lead Surveyor ............................................ 270 Supervising Surveyor .............................. 230 Senior Project Surveyor ......................... 210
Project Surveyor........................................ 185 Associate Project Surveyor ................... 175
Assistant Project Surveyor .................... 160
Party Chief (PW) ........................................ 190 Chainperson (PW) .................................... 160 One-Person Survey Crew (PW) ........... 225

TECHNICAL SUPPORT
CADD Manager ....................................... $210 Supervising Technician .......................... 180
Senior Technician ..................................... 170 Engineering Technician ......................... 130

CONSTRUCTION MANAGEMENT
Principal Construction Manager ...... $330
Senior Construction Manager ............. 290
Senior Resident Engineer ...................... 265
Resident Engineer .................................... 250 Structure Representative ....................... 245
Construction Manager ........................... 230
Assistant Resident Engineer................. 210
Sr. Construction Inspector (PW) ........ 185
Construction Inspector (PW) .............. 177
Office Administrator ................................ 135

PLANNING
Planning Director ................................... $235 City Planner/Planning Manager ......... 220
Principal Planner ....................................... 205 Senior Planner ........................................... 190 Associate Planner ..................................... 160 Assistant Planner ...................................... 135 Planning Technician ................................ 115

ADMINISTRATIVE SUPPORT
Senior Management Analyst ............. $195
Management Analyst.............................. 165
IT Technician ............................................... 150 Graphics/Visualization Specialist ....... 160
Administrative Assistant ........................ 105

GOVERNMENT SERVICES
City Engineer ........................................... $265 Deputy City Engineer .............................. 235 Assistant City Engineer ........................... 225 Plan Check Engineer................................ 185 Permit Engineer ......................................... 175 City Inspector ............................................. 168 Senior City Inspector (PW) .................. 185
City Inspector (PW) .................................. 177 Principal Stormwater Specialist .......... 190
Senior Stormwater Specialist ............... 180
Stormwater Specialist ............................. 170 Stormwater Technician .......................... 150
Building Official ......................................... 250 Senior Building Inspector ...................... 200
Building Inspector .................................... 175 Senior Grant Writer .................................. 190 Grant Writer ................................................ 180 Associate Grant Writer ........................... 160
Assistant Grant Writer ............................ 145

DIRECT EXPENSES
Use of outside consultants as well as copies, blueprints, survey stakes, monuments, computer plots, telephone, travel (out of area) and all similar charges directly connected with the work will be charged at cost plus fifteen percent (15%). Mileage will be charged at the current federal mileage reimbursement rate.

PREVAILING WAGE RATES
Rates shown with Prevailing Wage “(PW)” annotation are used for field work on projects subject to federal or state prevailing wage law and are subject to increases per DIR.

ANNUAL ESCALATION
Standard fee rates provided for each classification are subject to 5% annual escalation or the most recent US Bureau of Labor Statistics Consumer Price Index, whichever is higher.

OVERTIME
Overtime for non-exempt employees will be charged at 1.5 x hourly rate; overtime for exempt employees and other classifications will be charged at 1 x hourly rate.

Rev. 1/9/2024
DocuSign Envelope ID: 3FEA35A4-64A0-4B37-B5CB-1704E57FF129 48 1 | P a g e

Task Labor Class Rate Hours/Days Cost
Task 1.0 – Meetings/PM/Calls
Senior II $110.00 10 $2,200
Task 2.0 – Pre-construction Surveys
Task 2.1 – Woodrat Midden Survey
Senior II $110.00 12 $1,320
Task 2.2 – Nesting Bird Survey
Task 2.3 – Roosting Bat Survey
Task 2.4 – Biological Pre-construction
Survey Report
Task 3.0 – Construction Monitoring and Training
Task 3.1 - Environmental Training
Program
Bio II $100 12 $1,200
Task 3.2 - Environmental Monitoring Day Rate $1,050 35 $36,750 Task 3.3a – Archeological Monitoring Day Rate $1,050 15 $15,750 Task 3.3b – Native American Monitoring NA $95 120 (15 eight- hour days) $11,400
Task 3.4 – Archeological Monitoring
Report
Senior Arch I $100 12 $1,200
Total $69,820

DocuSign Envelope ID: 3FEA35A4-64A0-4B37-B5CB-1704E57FF129 49 R
incon C
onsultants, Inc.

Eff
ective January 1, 2024
Sta
ndard Fee Schedule for Environmental Sciences and Planning Services Pr
ofessional, Technical and Support Personnel* Ja
nuary 1, 2024 – December 31, 2024
Senior Principal $319
Principal $307
Director $307
Senior Supe
rvisor II $292
Supervisor
I $272
Senior Pro
fessional II $255
Senior Pro
fessional I $238
Profession
al IV $211
Profession
al III $196
Profession
al II $174
Profession
al I $155
Associate
III $130
Associate
II $117
Associate
I $109
Fie
ld Technician $94
Da
ta Solutions Architect $196
Senior GIS
Specialist $187
GI
S/CADD Specialist II $167
GI
S/CADD Specialist I $150
Te
chnical Editor $147
Project
Accountant $125
Bi
lling Specialist $107
Publi
shing Specialist $120
C
lerical $107
* P
rofessional classifications include environmental scientists, urban planners, biologists, geologists, marine scientists, GHG verifiers, sustainability experts, cultural resources experts, and other professionals. Expert witness services consisting of depositions or in-court testimony are charged at the hourly rate of $400.

Reimbu
rsable Expenses
Direc
t Cost Rat
es
Photocopies – B/W $0.25 (single-sided), $0.45 (double-sided) Photocopies – Color $1.55 (single-sided), $3.10 (double-sided) Photocopi
es – 11” by 17” $0.55 (B/W), $3.40 (color)
Oversized
Maps $8.50/square foot
Digital Prod
uction $15/CD, $20/flash drive
Light-D
uty and Passenger Vehicles* $90/day
4W
D and Off-Road Vehicles* $150/day
* Curr
ent IRS mileage rate for mileage over 50 and for all miles incurred in employee-owned vehicles.

Direct
Costs. Other direct costs associated with the execution of a project, that are not included in the hourly rates above, are billed at cost plus 16%. These may include, but are not limited to, laboratory and drilling services, subcontractor services, authorized travel expenses, permit charges and filing fees, mailings and postage, performance bonds, sample handling and shipment, rental equipment, and vehicles other than covered by the above charges.

Annual Escalation. Standard rates subject to 3.5% annual escalation, on January 1.

Payment Terms. All fees will be billed to Client monthly and shall be due and payable upon receipt or as indicated in the contract provisions for the assignment. Invoices are delinquent if not paid within 10 days from receipt or per the contractually required payment terms.

DocuSign Envelope ID: 3FEA35A4-64A0-4B37-B5CB-1704E57FF129 50 R
incon C
onsultants, Inc.

Eff
ective January 1, 2024
Equi
pment Rat
e
Environ
mental Site Assessment
Soil Vapor Extraction Monitoring Equipment $160
Four Gas Monitor $137
Fl
ame Ionization Detector $110
Photo Ioniz
ation Detector $82
Hand A
uger Sampler $62
Wate
r Level Indicator, DC Purge Pump $46
C
APDash $7,500
Na
tural Resources Field Equipment
UAS Drone $300
Spotting or Fiberoptic Scope $170
Pett
ersson Bat Ultrasound Detector/Recording Equipment $170 Soun
d Level Metering Field Package (Anemometer, Tripod and Digital Camera) $113 GPS
(Submeter Accuracy) $67
Inf
rared Sensor Digital Camera or Computer Field Equipment $57 Scent Sta
tion $23
Laser R
angefinder/Altitude $11
Pitfall T
raps, Spotlights, Anemometer, GPS Units, Sterilized Sample Jar $9 Mammal Trap,
Large/Small $1.55/$0.55
Wa
ter and Marine Resources Equipment
Boat (20-foot Boston Whaler or Similar) $800
Multiparameter Sonde (Temperature, Conductivity, Turbidity, DO, pH) with GPS $170 Wate
r Quality Equipment (DO, pH, Turbidity, Refractometer, Temperature) $62 Refra
ctometer (Salinity) or Turbidity Meter $38
Lar
ge Block Nets $114
Minnow Trap $98
Ne
t, Hand/Large Seine $57
Field
Equipment Packages
Standard Field Package (Digital Camera, GPS, Thermometer, Binoculars, Tablet, Safety Equipment, and Botanic Collecting Equipment)
$114
Remote Field Package (Digital Camera, GPS, Thermometer, Binoculars, Tablet and Mifi, Delorme Satellite Beacon, 24‐Hour
Safety Phone)
$144
Am
phibian/Vernal Pool Field Package (Digital Camera, GPS, Thermometer, Decon Chlorine, Waders, Float Tube, Hand Net, Field Microscope)
$170
Fisheries Eq
uipment Package (Waders, Wetsuits, Dip Nets, Seine Nets, Bubblers, Buckets) $57 U
nderwater and Marine Sampling Gear (Photo/Video Camera, Scuba Equipment [Tanks, BCD, Regulators, Wetsuits, etc.])
$57/diver
Marine
Field Package (Personal Flotation Devices, 100-foot Reel Tapes with Stainless Carabiners, Pelican Floats, Underwater Slates, Thermometer, Refractometer, Anemometer, Various Field Guides)
$100
Insu
rance, Hazard, and Fees
Historic Research Fees $55
L&H Dive Insurance $57/diver
Level C
Health and Safety $70/person

DocuSign Envelope ID: 3FEA35A4-64A0-4B37-B5CB-1704E57FF129 51 NV5 WEST, Inc.
1868 Palma Drive, Suite A, Ventura, CA 93003 | 805.656.6074 | www.NV5.com (Hourly rates unless otherwise indicated. Charges are portal-to-portal from/to NV5’s lab) A. Professional Staff Standard F. Support Staff & Special Services 1 Principal Engineer/Geologist/Consultant 225$ 1 Laboratory Technician 140$ 2 Senior Engineer/Geologist/Consultant (PE, CEG) 200$ 2 Certified Payroll Admin.(per project, per week) 50$ 3 Project Engineer/Geologist/Consultant 165$ 3 Court Appearance and Depositions (hourly, 4 hr min) 460$ 4 Sr. Staff Engineer/Geologist/Consultant 158$ 4 Clerical 80$ 5 Staff Engineer/Geologist/Consultant 145$ 5 Special Inspection Verified Report (SIVR/VR, each) 326$ 6 Construction Services Manager 195$ 6 Laboratory / Geotech. Verified Rpt (DSA 291/293 – Test only, each) 540$ 7 Project Manager 185$ 7 Combined Lab Verified Report (DSA 291 – Tests & Inspections, each) 700$ B. Technical Staff Prevailing Wage Standard 8 DSA 5 SI (Inspector Qualifications, each) 95$ 1 ICC Special Inspector I / Soil-Asphalt-ACI Technician I 128$ 100$ 2 ICC Special Inspector II / Soil-Asphalt-ACI Technician II 132$ 110$ II. MATERIALS AND EQUIPMENT 3 ICC Special Inspector III/Soil-Asphalt-ACI Technician III 138$ 120$ A. Equipment 4 AWS Certified Welding Inspector I 132$ 105$ 1 Air Meter (Concrete).per day 63$ 5 AWS Certified Welding Inspector II 138$ 115$ 2 Asphalt Patch (cold patch / cutback) – per bag 50$ 6 Roofing/Waterproofing Inspector I 128$ 105$ 3 Calibrated Hydraulic Ram (Pull test).per day 110$ 7 Roofing/Waterproofing Inspector II 138$ 115$ 4 Ceiling Wire Dead-Weight Equip..per day 188$ 8 NDT Technician I (UT/Mag Part./Dye Pen.) 128$ 104$ 5 Coating Thickness Gauge.per day 131$ 9 NDT Technician II (UT/Mag Part./Dye Pen.) 138$ 115$ 6 Concrete Slab Moisture Emission Kit / RH Probe (ea.) 100$ 7 Floor Flatness (plus labor – 4hr min).per day 665$
C. Public Works/DSA/OSPHD Inspection Prevailing Wage Standard 8 Durometer Gauge (Shore A/D), per day 68$ 1 Project Inspector / OSHPD IOR A, DSA PI I 130$ 120$ 9 Dynamic Cone Penetrometer (Wildcat w/ 35 lb hammer)/day 575$ 2 Project Inspector / OSHPD IOR B, DSA PI II 145$ 136$ 10 Generator (Portable).per day 109$ 3 Project Inspector / OSHPD IOR C, DSA PI III 165$ 152$ 11 Ground Penetrating Radar (GPR) – (plus labor–4 hr min)/day 460$ 4 DSA Masonry / Shotcrete Inspection I 128$ 111$ 12 Hardness Gauge (Brinell, Rockwell).per day 141$ 5 DSA Masonry / Shotcrete Inspection II 138$ 127$ 13 Non-Shrink High-Strength Grout (per bag).per day 58$ 14 Nuclear Density Gauge.per day 42$
D. Sample Pickup, Delivery, Storage & Mileage 15 Pachometer (Rebar) Survey Equipment.per day 115$ Sample Pickup/Delivery(>25mi. radius of Lab) + applicable unit price/hr 84$ 16 Peristaltic Groundwater Sampling Pump.per day 250$ 1 Saturday Sample Pickup/Delivery (hourly, 4 hr minimum, plus mileage) 125$ 17 Portable Generator.per day 105$ 2 Mileage / Trip Charge – Field Vehicle (per mile, $35/day min. charge) 0.75$ 18 Scaffold – Portable.per day 131$ 3 Mileage – Coring Truck (per mile) 0.85$ 19 Schmidt Hammer.per day 89$ 4 Vehicle – Field Truck 2WD (per day) 68$ 20 Skidmore Wilhelm.per day 246$ 5 Vehicle – Field Truck 4WD (per day) 89$ 21 Torque Wrench (Large, >100 ft-lb), per day 100$ 22 Torque Wrench (Small), per day 32$
E. Diamond Coring (min. charge = field time w/travel + 1 hr. mob./demob.) 23 Ultrasonic / Mag. Particle Equipment & Consumables.per day 89$ 1 Machine, truck & 1 operator (accessible flatwork only) 245$ 218$ 2 Machine, truck & operator & helper 360$ 326$
3 Coring Bit Charge (per inch) 3.65$

GENERAL TERMS & CONDITIONS
2024 GEOTECHNICAL / MATERIAL TESTING FEE SCHEDULE
I. PROFESSIONAL, TECHNICAL, & SUPPORT STAFF

8. Travel – Hourly travel is charged portal-to-portal for technicians. Travel charges may be waived for special inspectors within 25 miles of our laboratory. Mileage/Trip Charges charged at rates listed below.

9. Per Diem – Per diem will be charged at 1.1 times the Federal (GSA) rate for all out-of-town assignments unless otherwise arranged.

10. Project Management & Report Distribution - All assignments are under the supervision of a Registered Professional Engineer. Engineering time of 0.1 hour per inspection day or ½-hour/week (min) will be invoiced for scheduling, management, & report review.

11. Expenses / Drillers-CPT / Subcontractors - Cost plus 15%.

12. Prevailing Wage – Client shall notify NV5, in writing, of any requirement for payment of California Prevailing Wage or other predetermined wage condition.

Client agrees to indemnify NV5 against all costs related Client’s failure to notify NV5 of wage requirements.

13. Sample Disposition – Unless previously arranged, all samples will be disposed upon completion of testing. Samples suspected of contamination will be held pending disposition by Client. Samples may be archived for a specified period for an agreed monthly fee – typically $5/mo per ring/tube sample, $10/mo AC box, $15/mo bulk.

14. Certified Payroll – A $45 per week, per project processing fee for Certified Payroll will be assessed on Prevailing Wage Projects.

15. Escalation – Listed rates are subject to annual escalation in accordance with NV5 Ventura’s published annual Fee Schedule. Updated Fee Schedules will be published annually and become effective January 1.

1. Testing Samples - An hourly preparation charge will be added to all samples submitted that are not ready for testing.

2. Turn-Around-Time - Standard TAT indicated in superscript. See notes regarding TAT at bottom of page 3.

RUSH: 50% surcharge. Sample prioritized over other samples in que.

PRIORITY: 100% surcharge: Completed as fast as possible per method.

3. Project Setup – A $225 fee applies for setup and administration of On-Call agreements and contracts less than $3,500.

4. Scheduling - A minimum of 24-hour notice is required to schedule personnel (48- hour for DSA/OSHPD projects). For same-day scheduling, a 50% premium applies.

Same-day cancellations will incur a 2-hour charge. Cancelation after field personnel have been dispatched will be charged a 4-hour minimum charge.

5. Minimum Charges – A minimum charge of 4 hours applies to inspection/testing call-out between 0 and 4 hours. Eight (8) hours will be charged for work performed over 4 hours up to 8 hours. Overtime charges will be rounded to the nearest half hour.

6. Overtime Rates - Rates are based on an 8-hour workday between 7:00 a.m. and 4:00 p.m., Monday-Friday. Work outside of these hours or in excess of 8 hr/day or 40 hr/wk will be charged at 1.5 times the listed rates. Work over 12 hours in 1 day or work on Sundays or holidays will be charged at 2.0 times quoted rates. Night / Special Shift work is charged a 1.5 times normal rate unless a full week’s work (5 days) is scheduled.

7. Holidays - New Year Day, Memorial Day, Independence Day, Labor Day, Veteran USACE
DocuSign Envelope ID: 3FEA35A4-64A0-4B37-B5CB-1704E57FF129 52 2024 NV5 GEOTECHNICAL / MATERIAL TESTING FEE SCHEDULE III. LAB TESTS: AGGREGATE, SOIL, & STONE E. Lime Treatment / Soil Cement / CTB Tests A. Soils - Geotechnical 1 Lime Treatment: pH by Eades & Grim – ASTM D62676 B 400$ 1 Atterberg Limits (LL and PL) – ASTM D4318, CTM 204 B 224$ 2 Lime Treatment: Fabrication & Compaction (3) – ASTM D3551 B 486$ 2 Consolidation (up to 9 Load/Rebound Pts) – ASTM D2435 E 392$ 3 Lime Treatment: Compressive Strength (ea) – ASTM D5102 B 122$ 3 Collapse – ASTM D4546 B 193$ 4 Soil Cement – Moist.-Dens. - ASTM D558 – Lab Mixed B 454$ 4 additional Load Increment (Consol./Collapse) – per pt. 75$ 5 Soil Cement – Moist.-Dens. - ASTM D558 – Field Mixed C 340$ 5 Direct Shear, remolded sample – ASTM D3080 D 342$ 6 Soil Cement – Wet-Dry Durability – ASTM D559 E 1,085$ 6 Direct Shear, undisturbed (ring) sample – ASTM D3080 D 288$ 7 Soil Cement – Freeze-Thaw Durability – ASTM D560 E 1,270$ 7 Expansion Index – ASTM D4829 B 248$ 8 Soil Cement – Mix, Compact & Cure Specimen – ASTM D1632 A 144$ 8 Moisture & Dry Density (ring samples) A 27$ 9 Soil Cement – Compressive Strength - ea sample – ASTM D1633 A 133$ 9 Organic Content by Oven Burn-off – ASTM D2974 B 262$ 10 Cement Treated Base (CTB), compact & cure (3 samples) E 486$ 10 pH (soil) – ASTM D4972 C 44$ 11 Cement Treated Base – Compression (ea) 121$ 11 Resistivity – ASTM G57 C 69$ 12 Cement Treated Base – Stability (3) 580$ 12 Resistivity (Minimum) – CTM 643 C 183$
13 Soil Classification – ASTM D2488 – Visual-Manual A 53$ F. Rip Rap / Rock Slope Protection / Dimensional Stone 14 Soluble Chloride (soils) C 93$ 1 Rock Gradation D (hourly engineering charge - per quote) 15 Soluble Sulfate (soils) C 93$ 2 Absorption / Apparent Specific Gravity – ASTM C127, CTM 206 D 144$ 16 Unconfined compression on prepared specimens C 162$ 3 Durability – CTM 229 D 306$ 4 Percentage Wear – ASTM C131 D 260$
B. Particle Size Analysis 5 Compressive Strength – ASTM C170 D 155$ (listed fees are for standard ASTM C33 sieve stack, special sieves by quote) 6 Water Absorption & Density – ASTM C97 (3 required) D 98$ 1 Sand Equivalent – ASTM D2419, CTM 217 A 134$ 7 Modulus of Rupture – ASTM C99 D 168$ 2 Sieve #200 wash only – ASTM D1140, CTM 202 A 111$ 8 Flexural Strength – ASTM C880 D 190$ 3 Sieve (coarse or fine only, no wash – ASTM C136, CTM 202) A 122$ 9 Sulfate Soundness, 5 cycle test per primary size – ASTM D5240 D 486$ 4 Sieve (coarse & fine w/ wash – ASTM C136, CTM 202) A 155$ 10 Sample Preparation (cutting/crushing/processing-1 hr min) /hr 214$ 5 Hydrometer w/ Fine Sieve – ASTM D422, CTM 203 B 248$
6 Hydrometer w/ Fine & Coarse Sieve – ASTM D422, CTM 203 B 282$ IV. LAB TESTS: CEMENT, CONCRETE, & MASONRY A. Cement
C. Moisture Density Relationship 1 Grab sample (CCR Title 24) includes 1 year storage 84$ 1 Max. Density-Opt. Moisture (4 in. mold) – ASTM D1557, D698 A 250$ 2 Compression Test – High Strength Grout 2” cube – ASTM C109 69$ 2 Max. Density-Opt. Moisture (6 in. mold) – ASTM D1557, D698 A 308$ 3 Max. Density-Opt. Moist. w/ Rock Corr. – ASTM D1557, D4718 A 366$ B. Concrete 4 Maximum Density Checkpoint (4 in. mold) A 110$ 1 Concrete compression: 6x12 cylinder – ASTM C39 A 38$ 5 Caltrans Relative Compaction (Wet Density) – CTM 216 A 324$ 2 Concrete compression: 4x8 cylinder – ASTM C39 A 32$ 3 Concrete cylinder p/up: 6x12 (>25mi. radius of Lab add hrly p/up rate) 25$ D. Aggregate, Soil & Rock 4 Concrete cylinder p/up: 4x8 (>25mi. radius of Lab add hrly p/up rate) 18$ 1 Abrasion Resistance by LA Rattler – ASTM C131, CTM 211 B 238$ 5 Concrete cylinder mold (w/ lid - spare) 13$ 2 Absorption, sand or gravel – ASTM C127, C128 B 68$ 6 Concrete core compression test – ASTM C42 C 86$ 3 California Bearing Ratio (CBR) with expansion – ASTM D1883 C 795$ 7 Concrete Trial Batch (includes 6 compression tests) 975$ 4 Clay lumps and friable particles, per primary size–ASTM C142 C 127$ 8 Concrete Mix Design Review (excludes testing & revisions) 306$ 5 Cleanness Test – ASTM D4740, CTM 227 A 144$ 9 Concrete mix proportion revision 214$ 6 Crushed particles, per primary size C 183$ 10 Density of Lightweight Struct. Concrete (ASTM C567 -Equil)C 240$ (listed fees are for standard ASTM C33 sieve stack, special sieves by quote) 11 Drying shrinkage – ASTM C157 (set of 3, 5 ages) E 630$ 7 Durability Index ($120 per size fraction) – CTM 229 A 238$ 12 End preparation of cores, diamond sawing, per cut 25$ 8 Flat & Elongated Particles (per bin size) – ASTM D4791 C 208$ 13 Flexural beam p/up (>25mi. radius of Lab add hrly p/up rate) 53$ 9 Lightweight pieces, per size fraction – ASTM C123 C 444$ 16 Flexural strength, 6”x6” beam – ASTM C78 & C293 A 98$ 10 Moisture determination (aggregate samples) A 39$ 17 Shotcrete/Gunite core compression test (not including coring) 63$ 11 Mortar making properties of Sand ASTM C87 D 428$ 18 Coring of Shotcrete/Gunite panel in laboratory, each core 75$ 12 Organic Impurities – ASTM C40, CTM 213 B 107$ 19 Shotcrete/Gunite panel pick-up (>25mi. radius of Lab add hourly pickup rate) 94$ 13 Petrographic Analysis of Gravel – ASTM C295 (single grading) E 550$ 20 Lab Trial Batch, not including specimen tests - ASTM C192 14 Petrographic Analysis of WC Sand – ASTM C295 (pre-graded) E 940$ 21 Lightweight. insulating concrete compress, 4 req. – ASTM C495 98$ 15 Potential Reactivity Test – ASTM C289 Chemical Method D 550$ 22 Lightweight insulating concrete – unit weight (oven dry) 123$ 16 Potential Reactivity – ASTM C227 Mortar Bar Method (3 month) E 865$ 23 Modulus of elasticity, 4”x8” cylinder – ASTM C469 D 314$ Each additional month 131$ 24 Non-Shrink (Dry-Pack) Grout Compression – 2”x2”x2” 63$ 17 Potential Reactivity Test – ASTM C1260 Rapid Method E 695$ 25 Petrographic Analysis - Hardened Concrete – ASTM C856 (per core) E 1,200$ 18 Potential Reactivity – ASTM C1293 Mortar Bar w/ Pozz (12 m) E 1,770$ 26 Poisson’s Ratio on 6”x12” cylinders – ASTM C469 D Extend to 24-months add (C1293 requires Sp.Grav. & Unit Wgt) 890$ 27 Splitting Tensile – ASTM C496 D 230$ 19 Potential Reactivity Test – ASTM C1567 Rapid-Cement Combo E 840$ 28 Thermal Resistivity – Concrete - FTB 1,150$ 20 ’R’ Value – ASTM D2844, CT 301 (Treated material by quote) B 350$ 21 Specific gravity w/ absorption - coarse – ASTM C127, CTM 206)B 123$ C. Masonry 22 Specific gravity w/ absorption - fine – ASTM C128, CTM 207)B 144$ 1 Absorption - brick, 5 required – ASTM C67 D 89$ 23 Sulfate Soundness, 5 cycle test per primary size – ASTM C88 D 404$ 2 Absorption - masonry unit, 3 required – ASTM C140 D 69$ 24 Thermal Resistivity of Soil (including 1 proctor curve) 1,140$ 3 Compression, brick, 5 required – ASTM C67 D 58$ 25 Uncompacted Void Content of Fine Aggregate – AASHTO T304 B 194$ 4 Compression - masonry core C 65$ 26 Unit weight – ASTM C29 81$ 5 Compression - masonry prisms 8”x 8” – ASTM C1314 D 204$ 6 Compression - masonry unit, 3 required – ASTM C140 D 105$ (requires absorption & unit wt. tests for net area)
7 Dimensions – masonry unit, 3 required D 63$
8 Compression test, grout specimens 47$
9 Compression test, mortar specimens 47$
10 Diamond sawing of masonry specimens, if required (minimum) 34$ 11 Linear shrinkage, masonry unit, set of 3 – ASTM C426 E 570$

Page 2 of 3 ends

DocuSign Envelope ID: 3FEA35A4-64A0-4B37-B5CB-1704E57FF129 53 2024 NV5 GEOTECHNICAL / MATERIAL TESTING FEE SCHEDULE Masonry (continued)
12 Masonry Unit Acceptance Tests – ASTM C140 D 715$ VII. ASPHALT & ASPHALTIC CONCRETE (includes absorption, compression, dimensions, unit weight) A Emulsions And Slurry Seals 13 Mortar Aggregate Ratio – ASTM C780 (A4)B 400$ 1 Consistency test – ASTM D3910 A 111$ 14 Modulus of rupture, brick, 5 required – ASTM C67 D 134$ 2 pH determination B 88$ 15 Moisture content - masonry unit (as received),3 req’d– ASTM C140 D 58$ 3 Residue by Evaporation – T59, CT330, D6934 A 167$ 16 Relative Mortar Strength - CTM 515 D 518$ 4 Solids content by evaporation and ignition extraction (slurry) A 288$ 17 Sample Pickup – Grout, Mortar (per specimen) 37$ 5 Wet Track Abrasion – ASTM D3910 (prep. not included) A 186$ 18 Sample Pickup – Masonry Prism (per specimen) 94$
19 Shear test on masonry core – CBC 2105A.4B 133$ B Asphaltic Concrete, Aggregate And Mixes 20 Tensile test on masonry block 518$ 1 Air Voids -- ASTM D3203, T269 (does not include max.) 308$ 21 Unit weight, masonry unit, 3 required – ASTM C140 D 69$ 2 Bulk Specific Gravity (HVEEM – 3 pt. LTMD) CT308 / T166 A 288$ 22 Veneer Shear Test – ASTM C482 D (5 required) 230$ 3 Coring of asphaltic concrete – See Section E Diamond Coring 23 Visual Examination & Photo-Document Core – CBC 2105A.4 B 58$ Extraction, % bitumen and sieve analysis 4 Ignition Oven Method – CTM 382, 202 A 204$
D High Strength Bolts 5 Solvent Extraction Method – ASTM D2172 B 376$ 1 DSA-Certified High Strength Bolt Set ea. (Bolt, Nut, & Washer) D 382$ 5 Film stripping – CTM 302 C 194$ 2 Bolts – proof load (non-DSA) D 53$ 6 Gyratory Compaction, 6” specimen, Lab Mix* – AASHTO T312 B 418$ 3 Bolts – ultimate load D 75$ 7 Gyratory Compaction, 6” specimen, Plant Mix* – AASHTO T312 B 360$ 4 Bolts – hardness D 41$ 8 Gyratory Compaction- ARHM, 6” specimen, Plant Mix* – AASHTO T312 B 715$ 5 Nuts – proof load D 53$ * Add $115 for Asphalt Rubber 6 Nuts – hardness D 41$ 9 Hamburg Wheel Track – AASHTO T324 B 1,735$ 7 Washers – hardness D 41$ 10 Ignition Oven Correction Factor – CTM 382 B 760$ 11 Marshall – Preparation & Compaction A 244$
VI. MISCELLANEOUS CONSTRUCTION MATERIALS TESTS 12 Marshall - Stability and flow (core) – ASTM D6927 A 152$ 1 Calibration Certificates Per Quote 13 Marshall - Stability and flow (bulk) – ASTM D6927 B 382$ 2 Density of Sprayed Fireproofing 131$ 14 Marshall - Specific Gravity – ASTM D2926 A 268$ 3 Jobsite Trailer or Mobile Laboratory Per Quote 15 Theoretical Maximum Specific Gravity (RICE) – D-2041, CT 309 A 232$ 4 Universal Testing Machine (Hourly) 262$ 16 Moisture content – ASTM D-1461 A 132$ 5 Ground Rod Test (plus travel) 262$ 17 Recovery of Extracted Asphalt (extraction only) - ASTM D5404 D 292$ 18 Recovery of rubber from ARHM extraction D 366$
V. LAB TESTS: REINFORCING & STRUCTURAL STEEL 19 Specific gravity of core – ASTM D2726 A 69$ A General Testing 20 HVEEM Stabilometer test on premixed sample – CTM 366 A 218$ 1 Processing mill certification (each size & heat) 30$ 21 Stabilometer test and mising of sample B 466$ 2 Rockwell or Brinell Hardness, average of three readings 42$ 22 Surface Abrasion – CTM 360 C 610$ 3 Zinc coating, each item (includes Haz Mat Fee) C 248$ 23 Resistance to Moisture Induced Damage – T-283 D 2,155$ 24 Resistance to Moisture Induced Damage – CT 371 D 3,085$ B Reinforcing Steel
1 Deformations, reinforcing steel C 69$
2 Pre-stress, strand or wire, tensile & elongation D Per Quote A,B,C,D,E 3 Proof test on post-tension assembly Per Quote Standard Laboratory Turn-Around-Times:
4 Bend Test (rebar) C 75$ (where applicable TAT indicated in superscript following method):
5 Tensile test (rebar), up to & including #8 C 75$ A – 3 working days; B – 5 working days; C – 7 working days; 6 Tensile test (rebar) #9, #10, #11 D 144$ D – 10 working days; E – >10 working days 7 Tensile test (rebar) #14, #18 D 238$
8 Rebar Mechanical Coupler (Tension) Test (up to #11 bar) D 256$ C Structural Steel
1 Cutting & machining charges cost plus 15%
2 Bend test, structural, all sizes 89$
3 Tensile test, ≤ ¾” cross-section (cutting & machining extra)* 100$ 4 Tensile test, > ¾” cross-section (cutting & machining extra)* 152$ * Tensile & Yield by Percent Offset add $105
Standard TAT indicates anticipated testing time under typical conditions and is subject to availability and precedence. RUSH TAT prioritizes testing over other samples.

PRIORITY TAT dedicates technician to complete test as quickly as possible per the method specifications – hourly charges will apply for weekend or holiday work.

ADDITIONAL TESTS: NV5 performs a broad spectrum of field and laboratory testing.

This Fee Schedule lists only the most common tests performed. For information regarding additional testing services, please contact our laboratory.

Page 3 of 3 ends

DocuSign Envelope ID: 3FEA35A4-64A0-4B37-B5CB-1704E57FF129 54 ATTACHMENT 3

Schock Contracting Corporation Bid Proposal for the Ellwood MBHMP Phase I Implementation – Irrigation Mainline Project

55 56
57 58
59 60
61 ATTACHMENT 4

Ellwood Mesa MBHMP Phase I Implementation- Irrigation Mainline Project Plans

62 G001 TITLE SHEET
G100 SITE REFERENCE PLAN
G101 OVERALL CONSTRUCTION SEQUENCE PLAN
LI001 IRRIGATION NOTES AND SCHEDULE
LI101 IRRIGATION PLAN
LI102 IRRIGATION PLAN
LI103 IRRIGATION PLAN
LI104 IRRIGATION PLAN
LI105 IRRIGATION PLAN
LI106 IRRIGATION PLAN
LI501 IRRIGATION DETAILS

LOCATION MAP

NOT TO SCALE

GOLETA MONARCH BUTTERFLY GROVE

NOT TO SCALE

PROJECT AREA

VICINITY MAP

AT ELLWOOD MESA

HABITAT ENHANCEMENT PLAN

BID-READY CONSTRUCTION DOCUMENTS - IRRIGATION MAINLINE

SHEET INDEX
HWY 101

HOLLISTER AVE

SANDPIPER

GOLF CLUB

PROJECT SITE

PROJECT DIRECTORY
Phone:

Fax:

CITY

CITY OF GOLETA (PUBLIC WORKS DEPT)
130 CREMONA DR, STE B
GOLETA, CA 93117
CONTACT: GEORGE THOMSON
(805) 961-7500
Phone:

Fax:

LANDSCAPE ARCHITECT

RRM DESIGN GROUP
3765 S HIGUERA ST, STE 102
SAN LUIS OBISPO, CA 93401
CONTACT: JEFF FERBER
(805) 543-1794

PROJECT DESCRIPTION - IRRIGATION IMPROVEMENTS
Phone:

Fax:

PROJECT BIOLOGIST/ARBORIST
RINCON CONSULTANTS, INC.
209 EAST VICTORA ST
SANTA BARBARA, CA 93101
CONTACT: STEPHANIE LOPEZ
(805) 644-4455
Phone:

Fax:

BIOLOGIST/BUTTERFLY SPECIALIST
ALTHOUSE AND MEADE, INC.
1650 RAMADA DRIVE, STE 180
PASO ROBLES, CA 93446
CONTACT: CHARIS VAN DER HEIDE
(805) 453-6801
[email protected]
[email protected]
[email protected]
[email protected]
Phone:

Fax:

BIOLOGIST/ BUTTERFLY SPECIALIST

CREEKSIDE SCIENCE
MENLO PARK, CA 94025
CONTACT: STUART WEISS
(650) 269-2876
[email protected]
Phone:

Fax:

PERMITTING CONSULTANT
RINCON CONSULTANTS, INC.
209 EAST VICTORA ST
SANTA BARBARA, CA 93101
CONTACT: CHRISTOPHER JULIAN
(805) 644-4455
[email protected]
101
1 ISLA VISTA
GOLETA
101

SANTA BARBARA

AIRPORT

UC SANTA

BARBARA
HOPE
RANCH

PACIFIC OCEAN

ELLWOOD
217

ISLA VISTA
Phone:

Fax:

CIVIL ENGINEER

RRM DESIGN GROUP
10 FIGUEROA ST, STE 200
SANTA BARBARA, CA 93101
CONTACT: MICHAEL HAMILTON
(805) 963-8283
[email protected]

PACIFIC OCEAN
PROJECT CONSULTANTS:

NINA BUELNA // INTERIM PW DIRECTOR

PUBLIC WORKS

DEPARTMENT

THE ENGINEERS WHOSE STAMP AND SIGNATURE APPEAR HEREIN ARE IN RESPONSIBLE CHARGE OF PREPARING THESE PLANS AND SPECIFICATIONS.

PROJECT MANAGER

DRAWN BY

PROJECT NUMBER

CHECKED BY
SHEET
JULY 26, 2024
1981-01-RC20
DATE
rrmdesign.com | (805) 543-1794
3765 S. Higuera, San Luis Obispo, CA 93401
NO. REVISION DATE

ELLWOOD MONARCH BUTTERFLY

HABITAT MANAGEMENT PLAN

CONSTRUCTION DOCUMENTS - IRRIGATION MAINLINE
ELLWOOD MESA, GOLETA CA 93117

BID-READY CONSTRUCTION DOCUMENTS - IRRIGATION MAINLINE
x THE PROJECT IMPROVEMENTS PROPOSED HEREIN SHALL INCLUDE THE PARTIAL INSTALLATION OF A TEMPORARY

IRRIGATION SYSTEM FOR THE FUTURE ESTABLISHMENT OF NATIVE PLANT MATERIAL AS PART OF THE MONARCH BUTTERFLY HABITAT RESTORATION. NEW IMPROVEMENTS INCLUDE THE INSTALLATION OF IRRIGATION MAINLINE, CONTROL AND SHUT-OFF VALVES, AND STUB-OUTS FOR FUTURE USE. x SEE SHEET LI001 FOR IRRIGATION NOTES, SCHEDULE, AND EQUIPMENT TO BE BID BY CONTRACTOR. SEE SHEETS LI101-LI106 FOR CONTRACTOR'S LIMIT OF WORK AND SYSTEM LAYOUT ON PROJECT SITE.

G001

TITLE SHEET
JF

DK / AS / AB CD

DIG ALERT

DIAL TOLL FREE
AT LEAST 2 DAYS

BEFORE YOU DIG

CITY ENGINEER DATE
RECEIVED BY:

REVIEWED BY DATE
7/26/2024
7/26/2024

REVIVVVIVVVVVVVVVVVVIIIEWED BYBBBBBBBBBBBBBBB
63 PROJECT MANAGER

DRAWN BY

PROJECT NUMBER

CHECKED BY
SHEET
JULY 26, 2024
1981-01-RC20
DATE
rrmdesign.com | (805) 543-1794
3765 S. Higuera, San Luis Obispo, CA 93401
NO. REVISION DATEELLWOOD MONARCH BUTTERFLY

HABITAT MANAGEMENT PLAN

CONSTRUCTION DOCUMENTS - IRRIGATION MAINLINE
ELLWOOD MESA, GOLETA CA 93117

BID-READY CONSTRUCTION DOCUMENTS - IRRIGATION MAINLINE
G100

SITE REFERENCE PLAN
JF

DK / AS / AB CD

SITE REFERENCE PLAN LEGEND

PROJECT AREA - IRRIGATION IMPROVEMENTS
NOTE: REFER TO G001 FOR PROJECT AREA DESCRIPTIONS

AND ASSOCIATED SHEETS FOR CONSTRUCTION BID ITEMS

CDP PROJECT AREA

ELLWOOD MESA SITE BOUNDARY

SHEET MATCHLINE
PROJECT AREA - IRRIGATION IMPROVEMENTSREFER TO SHEETS LI101-LI106 FOR

CONTRACTOR'S LIMIT OF WORK
64 PROJECT MANAGER

DRAWN BY

PROJECT NUMBER

CHECKED BY
SHEET
JULY 26, 2024
1981-01-RC20
DATE
rrmdesign.com | (805) 543-1794
3765 S. Higuera, San Luis Obispo, CA 93401
NO. REVISION DATEELLWOOD MONARCH BUTTERFLY

HABITAT MANAGEMENT PLAN

CONSTRUCTION DOCUMENTS - IRRIGATION MAINLINE
ELLWOOD MESA, GOLETA CA 93117

BID-READY CONSTRUCTION DOCUMENTS - IRRIGATION MAINLINE
G101

OVERALL CONSTRUCTION SEQUENCE PLAN
JF

DK / AS / AB CD

CONSTRUCTION SEQUENCE LEGEND
NOTE: CONSTRUCTION SEQUENCING PROVIDED BY THE
CITY OF GOLETA, JULY 2024.

CONSTRUCTION SEQUENCE WORK AREA

ELLWOOD MESA SITE BOUNDARY

PROJECT AREA - IRRIGATION IMPROVEMENTS

IRRIGATION MAIN
65 P.O.C. NUMBER: 06
Water Source Information: Hydrant 1449

FLOW AVAILABLE
Point of Connection Size: 3"
Flow Available 220.07 GPM

PRESSURE AVAILABLE
Static Pressure at POC: 125 PSI
Pressure Available: 125 PSI

DESIGN ANALYSIS
Maximum Station Flow: 60 GPM
Flow Available at POC: 220.07 GPM
Residual Flow Available: 160.07 GPM
Design Pressure: 45 PSI
Friction Loss: 7.65 PSI
Fittings Loss: 0.76 PSI
Elevation Loss: 0 PSI
Loss through Valve: 2.68 PSI
Pressure Req. at Critical Station: 56.1 PSI
Loss for Fittings: 1.8 PSI
Loss for Main Line: 18.0 PSI
Loss for POC to Valve Elevation: 0 PSI
Loss for Backflow: 12.1 PSI
Critical Station Pressure at POC: 88.0 PSI
Pressure Available: 125 PSI
Residual Pressure Available: 37.0 PSI
IRRIGATION MAINLINE: PVC SCHEDULE 40
MATCO-NORCA 759

INSTALL IN TRAFFIC RATED VALVE BOX AND LID, BRASS SHUT
OFF BALL VALVE, 1/2" TO 4". TWO PIECE BODY, BLOW-OUT

PROOF STEM, CHROME PLATED SOLID BRASS BALL,
THREADED, WITH PTFE SEATS. SAME SIZE AS MAINLINE PIPE.

MATCO-NORCA 759
BRASS SHUT OFF BALL VALVE, 1/2" TO 4". TWO PIECE BODY,

BLOW-OUT PROOF STEM, CHROME PLATED SOLID BRASS
BALL, THREADED, WITH PTFE SEATS. SAME SIZE AS MAINLINE PIPE.

HUNTER ICV-G 3" QTY 1 - AT POC ON HOLLISTER AVE. PER
PLANS 1", 1-1/2", 2", AND 3" PLASTIC ELECTRIC REMOTE

CONTROL VALVES, GLOBE CONFIGURATION, WITH NPT
THREADED INLET/OUTLET, FOR COMMERCIAL/MUNICIPAL USE.

PROJECT MANAGER

DRAWN BY

PROJECT NUMBER

CHECKED BY
SHEET
JULY 26, 2024
1981-01-RC20
DATE
rrmdesign.com | (805) 543-1794
3765 S. Higuera, San Luis Obispo, CA 93401
NO. REVISION DATEELLWOOD MONARCH BUTTERFLY

HABITAT MANAGEMENT PLAN

CONSTRUCTION DOCUMENTS - IRRIGATION MAINLINE
ELLWOOD MESA, GOLETA CA 93117

BID-READY CONSTRUCTION DOCUMENTS - IRRIGATION MAINLINE

MWELO COMPLIANCE
LI001

IRRIGATION NOTES

AND SCHEDULE
JF

DK / AS / AB CD

IRRIGATION NOTES IRRIGATION SCHEDULE
MWELO COMPLIANCE NOTES:

THERE IS NO PERMANENT IRRIGATION SYSTEM PROPOSED ON THE PROJECT SITE. AS SUCH, THE PROJECT IS

EXEMPT FROM THE COMPLIANCE MEASURES SET FORTH IN THE MODEL WATER EFFICIENT LANDSCAPE ORDINANCE PER AMENDMENT SECTION 490.1 THAT STATES: 1) RESTORATION ACTIVITIES WHERE INSTALLED PLANT MATERIALS DO NOT REQUIRE A PERMANENT IRRIGATION SYSTEM SHALL NOT APPLY". SOURCE:

CALIFORNIA DEPARTMENT OF WATER RESOURCES MODEL WATER EFFICIENT LANDSCAPE ORDINANCE, CHAPTER 2.7, DIVISION 2, TITLE 23 OF CALIFORNIA CODE OF REGULATIONS. ALL LANDSCAPE & HYDROZONE AREAS ARE OF 'LOW' WATER USE. SOILS SHALL BE AMENDED PER RECOMMENDATIONS IN SOILS REPORT.

SEE IRRIGATION MAINLINE BID FORM FOR IRRIGATION EQUIPMENT QUANTITIES

CRITICAL ANALYSIS

1. PRIOR TO THE COMMENCEMENT OF ANY ENHANCEMENT ACTIVITIES, THE LIMITS OF THE WORK AREAS AND

STAGING AREAS SHALL BE DELINEATED IN COOPERATION WITH A QUALIFIED BIOLOGIST, LIMITING THE

POTENTIAL AREA AFFECTED BY CONSTRUCTION AND ENSURING THAT ALL ENVIRONMENTALLY SENSITIVE HABITATS ADJACENT TO ENHANCEMENT AREAS ARE AVOIDED DURING CONSTRUCTION. ALL VEHICLES AND

EQUIPMENT SHALL BE RESTRICTED TO PRE-ESTABLISHED WORK AREAS AND HAUL ROUTES AND TO ESTABLISHED OR DESIGNATED STAGING AREAS. CLEARING SHALL BE LIMITED TO THE MINIMAL FOOTPRINT NECESSARY AN NECESSARY TO AVOID IMPACT TO ESHA. AREAS. CLEARING SHALL BE LIMITED TO THE MINIMAL FOOTPRINT NECESSARY AND FOR THE SHORTEST TIME NECESSARY TO AVOID IMPACT TO ESHA.

2. DURING ENHANCEMENT ACTIVITIES, ALL TRASH AND CONSTRUCTION DEBRIS SHALL BE PROPERLY

CONTAINED, REMOVED FROM THE WORKSITE, AND DISPOSED OF ON A DAILY BASIS, AND NO CONSTRUCTION MATERIALS SHALL BE STORED AT THE WORK SITE OVERNIGHT. NO CONSTRUCTION MATERIALS,

DEBRIS, OR WASTE SHALL BE PLACED OR STORED WHERE IT MAY ENTER SENSITIVE HABITAT, RECEIVING WATERS OR A STORM DRAIN, OR BE SUBJECT TO WIND, RAIN, OR EROSION AND DISPERSION. ANY DEBRIS

INADVERTENTLY DISCHARGED INTO COASTAL WATERS SHALL BE RECOVERED IMMEDIATELY AND DISPOSED OF CONSISTENT WITH THE REQUIREMENTS OF THIS COASTAL DEVELOPMENT PERMIT.

3. TEMPORARY STOCKPILES OF EXCAVATED SEDIMENT/VEGETATION SHOULD BE PROTECTED WITH GEOFABRIC OR OTHER APPROPRIATE COVER. PERMANENT STOCKPILING OF EXCAVATED MATERIAL ON SITE SHALL NOT BE ALLOWED. VEGETATION AND SEDIMENT SHALL BE REMOVED FROM THE SITE ON A REGULAR BASIS DURING ENHANCEMENT ACTIVITIES TO PREVENT THE ACCUMULATION OF SEDIMENT AND DEBRIS ON THE WORKSITE.

EXCAVATED SEDIMENT AND VEGETATION SHALL BE STOCKPILED AT DESIGNATED TEMPORARY AREAS ON THE PROJECT SITE AND BE REMOVED TO A PERMITTED DISPOSAL SITE WITHIN 24 HOURS OF COMPLETION OF THE PROJECT.

4. EQUIPMENT STAGING AND MATERIALS STOCKPILING AREAS SHALL BE LIMITED TO THE LOCATIONS AND SIZES SPECIFIED IN THE APPROVED FINAL PLANS. CONSTRUCTION VEHICLES SHALL BE RESTRICTED TO DESIGNATED HAUL ROUTES. CONSTRUCTION EQUIPMENT AND MATERIALS SHALL BE STORED ONLY IN DESIGNATED

STAGING AND STOCKPILING AREAS AS DEPICTED ON THE FINAL PLANS APPROVED PURSUANT TO SPECIAL CONDITION ONE (1).

5. MACHINERY AND EQUIPMENT SHALL BE MAINTAINED AND WASHED IN CONFINED AREAS SPECIFICALLY DESIGNED TO CONTROL RUNOFF. THINNERS OR SOLVENTS SHALL NOT BE DISCHARGED INTO SANITARY OR STORM SEWER SYSTEMS.

6. ANY FUELING AND MAINTENANCE OF CONSTRUCTION EQUIPMENT SHALL OCCUR WITHIN UPLAND AREAS OUTSIDE OF ENVIRONMENTALLY SENSITIVE HABITAT AREAS OR WITHIN DESIGNATED STAGING AREAS.

MECHANIZED HEAVY EQUIPMENT AND OTHER VEHICLES USED DURING THE ENHANCEMENT PROCESS SHALL NOT BE REFUELED OR WASHED WITHIN 100 FEET OF COASTAL WATERS.

7. THE DISCHARGE OF ANY HAZARDOUS MATERIALS, INCLUDING HERBICIDES, INTO ANY RECEIVING WATERS SHALL BE PROHIBITED.

8. BEST MANAGEMENT PRACTICES (BMPS) AND GOOD HOUSEKEEPING PRACTICES (GHPS) DESIGNED TO

PREVENT SPILLAGE AND/OR RUNOFF OF CONSTRUCTION-RELATED MATERIALS, AND TO CONTAIN SEDIMENT

OR CONTAMINANTS ASSOCIATED WITH CONSTRUCTION ACTIVITY, SHALL BE IMPLEMENTED PRIOR TO THE ON-SET OF SUCH ACTIVITY.

9. ALL BMPS SHALL BE MAINTAINED IN A FUNCTIONAL CONDITION THROUGHOUT THE DURATION OF ENHANCEMENT ACTIVITIES.

CONSTRUCTION RESPONSIBILITIES

1. IRRIGATION PLAN IS DIAGRAMMATIC. FINAL LOCATION OF PIPING WILL BE DETERMINED AT THE TIME OF INSTALLATION. MAINLINE EXACT ALIGNMENT TO BE DETERMINED IN FIELD IN CONSULTATION WITH CITY AND CITY'S ARBORIST.

2. ALL EQUIPMENT REQUIRED BUT NOT SPECIFIED ON THE DRAWING, TO COMPLETE THE WORK, SHALL BE PROVIDED BY THE IRRIGATION CONTRACTOR WHERE APPLICABLE. CONTRACTOR BID ITEMS FOR IRRIGATION IMPROVEMENTS ARE SHOWN IN SCHEDULE AT RIGHT. ALL OTHER EQUIPMENT SHALL BE PROVIDED AND INSTALLED BY OTHERS.

3. INSTALL ALL EQUIPMENT IN ACCORDANCE WITH MANUFACTURER'S INSTRUCTIONS AND/OR SPECIFICATIONS.

4. CONTRACTOR SHALL FAMILIARIZE THEMSELVES WITH THE PLANS AND SITE CONDITIONS PRIOR TO BEGINNING WORK. SHOULD CONFLICTING INFORMATION BE FOUND ON THE PLANS, THE CONTRACTOR SHALL NOTIFY THE PROJECT LANDSCAPE ARCHITECT OR CITY'S AUTHORIZED REPRESENTATIVE. SEE SPECIFICATIONS FOR ADDITIONAL INFORMATION BEFORE PROCEEDING WITH THE WORK IN QUESTION.

5. DO NOT WILLFULLY INSTALL THE IRRIGATION SYSTEM AS SHOWN ON THE DRAWINGS WHEN IT IS OBVIOUS IN THE FIELD THAT OBSTRUCTIONS THAT MIGHT NOT HAVE BEEN CONSIDERED IN THE ENGINEERING.

SUCH OBSTRUCTIONS OR DIFFERENCES SHOULD BE BROUGHT TO THE ATTENTION OF THE LANDSCAPE ARCHITECT. IN THE EVENT THIS NOTIFICATION IS NOT PERFORMED, THE CONTRACTOR SHALL ASSUME FULL RESPONSIBILITY FOR ANY REVISIONS NECESSARY AT NO EXPENSE TO THE OWNER.

6. ALL EXISTING UTILITIES SHALL BE PROTECTED IN PLACE. THEY ARE TO REMAIN CONNECTED AND IN FULL CONTINUOUS OPERATION DURING AND FOLLOWING ALL CONTRACT WORK. ALL DAMAGED UTILITIES SHALL BE REPLACED BY CONTRACTOR AT CONTRACTORS'S EXPENSE.

7. ALL ABOVE-GRADE VALVE BOXES SHALL BE LOCATED 18" AWAY FROM ADJACENT TRAILS, TYP. SEE PLANS FOR LOCATIONS OF VALVES TO BE INSTALLED.
66 HOLLISTER AVE

ELLWOOD
NORTH
(E) UTILITY ACCESS RD
(E) PARKING
LOT
3"

EDGE OF
CANOPY, TYP.

EXISTING FENCE

TO REMAIN
3" ICV VALVE TO FUNCTION

AS MASTER VALVE FOR SYSTEM,

GOLETA WATER DISTRICT TO INSTALL
TEMPORARY POC AT HYDRANT #1449

CONTRACTOR LIMIT OF WORK

CONTRACTOR LIMIT OF WORK
3"

EDGE OF
CANOPY, TYP.

STAGING
AREA 1
3"
3"

INLINE BALL VALVE INSTALLED IN

TRAFFIC RATED BOX AND LID,
REFER TO DETAIL 6 ON LI501 TYP.
3" TEMPORARY WATER METER AND REDUCED PRESSURE BACKFLOW DEVICE TO BE SUPPLIED AND INSTALLED BY GOLETA WATER DISTRICT. WATER METER AND

BACKFLOW EQUIPMENT IS NOT A PART OF THIS BID & SHOWN AS REFERENCE ONLY MAINLINE UNDER TRAIL, TYP. REFER TO
DETAIL 7, CONDITION 1 ON SHEET LI501

MAINLINE STUB OUT FOR FUTURE

CONTROL VALVE BANK, REFER TO
DETAIL 5 ON SHEET LI501, TYP. EXACT

LOCATION OF LATERAL STUBS SHALL

BE DETERMINED IN THE FIELD IN
COORDINATION WITH THE CITY.

HYDRANT #1449

EXISTING TO REMAIN

MAINLINE STUB OUT FOR FUTURE

CONTROL VALVE BANK, REFER TO
DETAIL 5 ON SHEET LI501, TYP. EXACT

LOCATION OF LATERAL STUBS SHALL

BE DETERMINED IN THE FIELD IN
COORDINATION WITH THE CITY.
3"

PROJECT MANAGER

DRAWN BY

PROJECT NUMBER

CHECKED BY
SHEET
JULY 26, 2024
1981-01-RC20
DATE
rrmdesign.com | (805) 543-1794
3765 S. Higuera, San Luis Obispo, CA 93401
NO. REVISION DATEELLWOOD MONARCH BUTTERFLY

HABITAT MANAGEMENT PLAN

CONSTRUCTION DOCUMENTS - IRRIGATION MAINLINE
ELLWOOD MESA, GOLETA CA 93117

BID-READY CONSTRUCTION DOCUMENTS - IRRIGATION MAINLINE
MATCHLINE - SEE SHEET LI102
*SHADED AREA REPRESENTS CURRENT SHEET
0 40 80 120 feet
1"=40'
20 LI101

IRRIGATION PLAN
JF

DK / AS / AB CD

SITE KEY MAP
LI101
LI102
LI103
LI104 LI105
LI106
LI106
NOTES
WATER PURVEYOR: GOLETA WATER DISTRICT3" IRRIGATION SUBMETER - POTABLE WATERMAX DEMAND: 60 GPM, PRESSURE: 125 PSI - TEMPORARY

1. SEE SITE REFERENCE PLAN ON SHEET G100 FOR LOCATION
AND LIMITS OF PROJECT AREA 1, IRRIGATION
IMPROVEMENTS. SEE SHEET G001 FOR DESCRIPTION.

2. SEE SHEET LI001 FOR IRRIGATION NOTES, SCHEDULE, AND
EQUIPMENT TO BE BID BY CONTRACTOR. SEE SHEETS
LI101-LI106 FOR SYSTEM LAYOUT ON PROJECT SITE.

3. IRRIGATION PROPOSED IN THIS PLAN SET IS TEMPORARY
FOR HABITAT RESTORATION.

4. PROJECT AREA BOUNDARIES AND LIMIT OF WORK IS
SHOWN DIAGRAMMATICALLY. ADJUST LIMIT OF WORK IN

FIELD AS NECESSARY IN CONSULTATION WITH CITY AND
CITY'S ARBORIST.

CONTRACTOR LIMIT OF WORK

ELLWOOD MESA SITE BOUNDARY

IRRIGATION MAINLINE
67 IRONBARK

ANCHOR DR
(E) UTILITY ACCESS RD
3"

EDGE OF
CANOPY, TYP.

CONTRACTOR LIMIT OF WORK

CONTRACTOR LIMIT OF WORK
3"

MAINLINE STUB OUT FOR FUTURE

CONTROL VALVE BANK, REFER TO
DETAIL 5 ON SHEET LI501, TYP. EXACT

LOCATION OF LATERAL STUBS SHALL

BE DETERMINED IN THE FIELD IN
COORDINATION WITH THE CITY.

MAINLINE UNDER TRAIL, TYP. REFER TO
DETAIL 7, CONDITION 1 ON SHEET LI501

EXISTING TRAIL TO
REMAIN, TYP. NOT A

PART OF THIS BID SET
D

PROJECT MANAGER

DRAWN BY

PROJECT NUMBER

CHECKED BY
SHEET
JULY 26, 2024
1981-01-RC20
DATE
rrmdesign.com | (805) 543-1794
3765 S. Higuera, San Luis Obispo, CA 93401
NO. REVISION DATEELLWOOD MONARCH BUTTERFLY

HABITAT MANAGEMENT PLAN

CONSTRUCTION DOCUMENTS - IRRIGATION MAINLINE
ELLWOOD MESA, GOLETA CA 93117

BID-READY CONSTRUCTION DOCUMENTS - IRRIGATION MAINLINE
MATCHLINE - SEE SHEET LI101
MATCHLINE - SEE SHEET LI103

SITE KEY MAP
*SHADED AREA REPRESENTS CURRENT SHEET
0 40 80 120 feet
1"=40'
20 LI101
LI102
LI103
LI104 LI105
LI106
LI106
NOTES
LI102

IRRIGATION PLAN
JF

DK / AS / AB CD

1. SEE SITE REFERENCE PLAN ON SHEET G100 FOR LOCATION
AND LIMITS OF PROJECT AREA 1, IRRIGATION
IMPROVEMENTS. SEE SHEET G001 FOR DESCRIPTION.

2. SEE SHEET LI001 FOR IRRIGATION NOTES, SCHEDULE, AND
EQUIPMENT TO BE BID BY CONTRACTOR. SEE SHEETS
LI101-LI106 FOR SYSTEM LAYOUT ON PROJECT SITE.

3. IRRIGATION PROPOSED IN THIS PLAN SET IS TEMPORARY
FOR HABITAT RESTORATION.

4. PROJECT AREA BOUNDARIES AND LIMIT OF WORK IS
SHOWN DIAGRAMMATICALLY. ADJUST LIMIT OF WORK IN

FIELD AS NECESSARY IN CONSULTATION WITH CITY AND
CITY'S ARBORIST.

CONTRACTOR LIMIT OF WORK

ELLWOOD MESA SITE BOUNDARY

IRRIGATION MAINLINE
68 ELLWOOD
WEST

DEVEREUX CREEK

EDGE OF CANOPY,
TYP.

CONTRACTOR LIMIT OF WORK
STAGING AREA 2
3"

INLINE BALL VALVE INSTALLED

IN TRAFFIC RATED BOX AND
LID, REFER TO DETAIL 6 ON
LI501 TYP.

MAINLINE STUB OUT FOR FUTURE CONTROL
VALVE BANK, REFER TO DETAIL 5 ON SHEET
LI501, TYP. EXACT LOCATION OF LATERAL

STUBS SHALL BE DETERMINED IN THE FIELD
IN COORDINATION WITH THE CITY.

MAINLINE UNDER TRAIL, TYP. REFER TO
DETAIL 7, CONDITION 1 ON SHEET LI501

EXISTING TRAIL TO
REMAIN, TYP. NOT A

PART OF THIS BID SET

EXISTING TRAIL TO
REMAIN, TYP. NOT A

PART OF THIS BID SET
(E) UTILITY ACCESS RD

PROJECT MANAGER

DRAWN BY

PROJECT NUMBER

CHECKED BY
SHEET
JULY 26, 2024
1981-01-RC20
DATE
rrmdesign.com | (805) 543-1794
3765 S. Higuera, San Luis Obispo, CA 93401
NO. REVISION DATEELLWOOD MONARCH BUTTERFLY

HABITAT MANAGEMENT PLAN

CONSTRUCTION DOCUMENTS - IRRIGATION MAINLINE
ELLWOOD MESA, GOLETA CA 93117

BID-READY CONSTRUCTION DOCUMENTS - IRRIGATION MAINLINE
0 40 80 120 feet
1"=40'
20 MATCHLINE - SEE SHEET LI104
MATCHLINE - SEE SHEET LI102

SITE KEY MAP
*SHADED AREA REPRESENTS CURRENT SHEET
LI101
LI102
LI103
LI104 LI105
LI106
LI106
NOTES
LI103

IRRIGATION PLAN
JF

DK / AS / AB CD

1. SEE SITE REFERENCE PLAN ON SHEET G100 FOR LOCATION
AND LIMITS OF PROJECT AREA 1, IRRIGATION
IMPROVEMENTS. SEE SHEET G001 FOR DESCRIPTION.

2. SEE SHEET LI001 FOR IRRIGATION NOTES, SCHEDULE, AND
EQUIPMENT TO BE BID BY CONTRACTOR. SEE SHEETS
LI101-LI106 FOR SYSTEM LAYOUT ON PROJECT SITE.

3. IRRIGATION PROPOSED IN THIS PLAN SET IS TEMPORARY
FOR HABITAT RESTORATION.

4. PROJECT AREA BOUNDARIES AND LIMIT OF WORK IS
SHOWN DIAGRAMMATICALLY. ADJUST LIMIT OF WORK IN

FIELD AS NECESSARY IN CONSULTATION WITH CITY AND
CITY'S ARBORIST.

CONTRACTOR LIMIT OF WORK

ELLWOOD MESA SITE BOUNDARY

IRRIGATION MAINLINE
69 PALOS VERDES DR

DEVEREUX CREEK

EDGE OF CANOPY,
TYP.
212"

CONTRACTOR LIMIT OF WORK
CONTRACTOR LIMIT OF WORK212"
3"

EDGE OF CANOPY,
TYP.

EDGE OF
CANOPY, TYP.

CONTRACTOR LIMIT OF WORK

EDGE OF CANOPY,
TYP.

STAGING
AREA 3
STAGINGAREA 4

EXISTING TRAIL TO
REMAIN, TYP. NOT A

PART OF THIS BID SET
212"
212"

EXISTING TREE
TO REMAIN, TYP.

INLINE BALL VALVE INSTALLED

IN TRAFFIC RATED BOX AND
LID, REFER TO DETAIL 6 ON
LI501 TYP.

EXISTING CONCRETE TO

REMAIN AND PROTECT

MAINLINE STUB OUT FOR FUTURE CONTROL
VALVE BANK, REFER TO DETAIL 5 ON SHEET
LI501, TYP. EXACT LOCATION OF LATERAL

STUBS SHALL BE DETERMINED IN THE FIELD
IN COORDINATION WITH THE CITY.

EXISTING (2) 6" IRRIGATION SLEEVES. CONTRACTOR TO
VERIFY LOCATION IN FIELD AND UTILIZE. EXACT

ALIGNMENT OF MAINLINE TO BE DETERMINED IN FIELD
IN CONSULTATION WITH CITY PRIOR TO INSTALLATION.

EXISTING TREE
TO REMAIN, TYP.

COLD MIX ASPHALT PAVING, TYP. REFER
TO DETAIL 7, CONDITION 2 ON SHEET LI501
MAINLINE UNDER TRAIL, TYP. REFER TO
DETAIL 7, CONDITION 1 ON SHEET LI501

MAINLINE LOCATION AT ACCESS ROAD,
TYP. REFER TO DETAIL 4 ON SHEET LI501
3"
COLD MIX ASPHALT PAVING, TYP. REFER
TO DETAIL 7, CONDITION 2 ON SHEET LI501

PROJECT MANAGER

DRAWN BY

PROJECT NUMBER

CHECKED BY
SHEET
JULY 26, 2024
1981-01-RC20
DATE
rrmdesign.com | (805) 543-1794
3765 S. Higuera, San Luis Obispo, CA 93401
NO. REVISION DATEELLWOOD MONARCH BUTTERFLY

HABITAT MANAGEMENT PLAN

CONSTRUCTION DOCUMENTS - IRRIGATION MAINLINE
ELLWOOD MESA, GOLETA CA 93117

BID-READY CONSTRUCTION DOCUMENTS - IRRIGATION MAINLINE

SITE KEY MAP
*SHADED AREA REPRESENTS CURRENT SHEET
0 40 80 120 feet
1"=40'
20 LI101
LI102
LI103
LI104 LI105
LI106
LI106
MATCHLINE - SEE SHEET LI105
MATCHLINE - SEE SHEET LI103
MATCHLINE - SEE SHEET LI106
NOTES
LI104

IRRIGATION PLAN
JF

DK / AS / AB CD

1. SEE SITE REFERENCE PLAN ON SHEET G100 FOR LOCATION
AND LIMITS OF PROJECT AREA 1, IRRIGATION
IMPROVEMENTS. SEE SHEET G001 FOR DESCRIPTION.

2. SEE SHEET LI001 FOR IRRIGATION NOTES, SCHEDULE, AND
EQUIPMENT TO BE BID BY CONTRACTOR. SEE SHEETS
LI101-LI106 FOR SYSTEM LAYOUT ON PROJECT SITE.

3. IRRIGATION PROPOSED IN THIS PLAN SET IS TEMPORARY
FOR HABITAT RESTORATION.

4. PROJECT AREA BOUNDARIES AND LIMIT OF WORK IS
SHOWN DIAGRAMMATICALLY. ADJUST LIMIT OF WORK IN

FIELD AS NECESSARY IN CONSULTATION WITH CITY AND
CITY'S ARBORIST.

CONTRACTOR LIMIT OF WORK

ELLWOOD MESA SITE BOUNDARY

IRRIGATION MAINLINETREE PROTECTION FENCING
REFER TO DETAIL 12 ON LI501
70 DAYTONA DR

ELLWOOD
MAIN

CORONADO DR

DEVEREUX CREEK

EDGE OF CANOPY,
TYP.
3"

EDGE OF CANOPY,
TYP.

EXISTING TRAIL TO
REMAIN, TYP. NOT A

PART OF THIS BID SET
MAINLINE UNDER TRAIL, TYP. REFER TO
DETAIL 7, CONDITION 1 ON SHEET LI501

MAINLINE STUB OUT FOR FUTURE CONTROL VALVE
BANK, REFER TO DETAIL 5 ON SHEET LI501, TYP. EXACT

LOCATION OF LATERAL STUBS SHALL BE DETERMINED
IN THE FIELD IN COORDINATION WITH THE CITY.

PROJECT MANAGER

DRAWN BY

PROJECT NUMBER

CHECKED BY
SHEET
JULY 26, 2024
1981-01-RC20
DATE
rrmdesign.com | (805) 543-1794
3765 S. Higuera, San Luis Obispo, CA 93401
NO. REVISION DATEELLWOOD MONARCH BUTTERFLY

HABITAT MANAGEMENT PLAN

CONSTRUCTION DOCUMENTS - IRRIGATION MAINLINE
ELLWOOD MESA, GOLETA CA 93117

BID-READY CONSTRUCTION DOCUMENTS - IRRIGATION MAINLINE
MATCHLINE - SEE SHEET LI106
MATCHLINE - SEE SHEET LI104
MATCHLINE - SEE SHEET LI106
*SHADED AREA REPRESENTS CURRENT SHEET
0 40 80 120 feet
1"=40'
20 SITE KEY MAP
LI101
LI102
LI103
LI104 LI105
LI106
LI106
NOTES
LI105

IRRIGATION PLAN
JF

DK / AS / AB CD

1. SEE SITE REFERENCE PLAN ON SHEET G100 FOR LOCATION
AND LIMITS OF PROJECT AREA 1, IRRIGATION
IMPROVEMENTS. SEE SHEET G001 FOR DESCRIPTION.

2. SEE SHEET LI001 FOR IRRIGATION NOTES, SCHEDULE, AND
EQUIPMENT TO BE BID BY CONTRACTOR. SEE SHEETS
LI101-LI106 FOR SYSTEM LAYOUT ON PROJECT SITE.

3. IRRIGATION PROPOSED IN THIS PLAN SET IS TEMPORARY
FOR HABITAT RESTORATION.

4. PROJECT AREA BOUNDARIES AND LIMIT OF WORK IS
SHOWN DIAGRAMMATICALLY. ADJUST LIMIT OF WORK IN

FIELD AS NECESSARY IN CONSULTATION WITH CITY AND
CITY'S ARBORIST.

CONTRACTOR LIMIT OF WORK

ELLWOOD MESA SITE BOUNDARY

IRRIGATION MAINLINE
71 NEWPORT DR

THE LAND TRUST FOR SANTA

BARBARA COUNTY'S CORONADO

BUTTERFLY PRESERVE

EDGE OF CANOPY,
TYP.

THIS SHEET SHOWN AS REFERENCE

ONLY - NOT A PART

CONTRACTOR LIMIT OF WORK
3"

MAINLINE STUB OUT FOR FUTURE CONTROL VALVE
BANK, REFER TO DETAIL 5 ON SHEET LI501, TYP. EXACT

LOCATION OF LATERAL STUBS SHALL BE DETERMINED
IN THE FIELD IN COORDINATION WITH THE CITY.

MAINLINE UNDER TRAIL, TYP. REFER TO
DETAIL 7, CONDITION 1 ON SHEET LI501

EXISTING TRAIL TO
REMAIN, TYP. NOT A

PART OF THIS BID SET

EXISTING TRAIL TO
REMAIN, TYP. NOT A

PART OF THIS BID SET

PROJECT MANAGER

DRAWN BY

PROJECT NUMBER

CHECKED BY
SHEET
JULY 26, 2024
1981-01-RC20
DATE
rrmdesign.com | (805) 543-1794
3765 S. Higuera, San Luis Obispo, CA 93401
NO. REVISION DATEELLWOOD MONARCH BUTTERFLY

HABITAT MANAGEMENT PLAN

CONSTRUCTION DOCUMENTS - IRRIGATION MAINLINE
ELLWOOD MESA, GOLETA CA 93117

BID-READY CONSTRUCTION DOCUMENTS - IRRIGATION MAINLINE
MATCHLINE - SEE SHEET LI104
MATCHLINE - SEE SHEET LI105
MATCHLINE - SEE SHEET LI105
*SHADED AREA REPRESENTS CURRENT SHEET
0 40 80 120 feet
1"=40'
20 SITE KEY MAP
L2.6
LI101
LI102
LI103
LI104 LI105
LI106
LI106
NOTES
MATCHLINE - SEE SHEET LI104
LI106

IRRIGATION PLAN
JF

DK / AS / AB CD

1. SEE SITE REFERENCE PLAN ON SHEET G100 FOR LOCATION
AND LIMITS OF PROJECT AREA 1, IRRIGATION
IMPROVEMENTS. SEE SHEET G001 FOR DESCRIPTION.

2. SEE SHEET LI001 FOR IRRIGATION NOTES, SCHEDULE, AND
EQUIPMENT TO BE BID BY CONTRACTOR. SEE SHEETS
LI101-LI106 FOR SYSTEM LAYOUT ON PROJECT SITE.

3. IRRIGATION PROPOSED IN THIS PLAN SET IS TEMPORARY
FOR HABITAT RESTORATION.

4. PROJECT AREA BOUNDARIES AND LIMIT OF WORK IS
SHOWN DIAGRAMMATICALLY. ADJUST LIMIT OF WORK IN

FIELD AS NECESSARY IN CONSULTATION WITH CITY AND
CITY'S ARBORIST.

CONTRACTOR LIMIT OF WORK

ELLWOOD MESA SITE BOUNDARY

IRRIGATION MAINLINE
72 PROJECT MANAGER

DRAWN BY

PROJECT NUMBER

CHECKED BY
SHEET
JULY 26, 2024
1981-01-RC20
DATE
rrmdesign.com | (805) 543-1794
3765 S. Higuera, San Luis Obispo, CA 93401
NO. REVISION DATEELLWOOD MONARCH BUTTERFLY

HABITAT MANAGEMENT PLAN

CONSTRUCTION DOCUMENTS - IRRIGATION MAINLINE
ELLWOOD MESA, GOLETA CA 93117

BID-READY CONSTRUCTION DOCUMENTS - IRRIGATION MAINLINE

NODE-BT CONTROLLER,
PER VALVE MANIFOLD.

WATERPROOF CONNECTIONS (2)
18-24" COILED WIRE
FG

PLASTIC VALVE BOX

IRRIGATION VALVE ON-GRADE
1 1/2" = 1'-0"

MAINLINE TRANSITION TO

ON-GRADE BALL VALVE

REMOTE CONTROL VALVE, PER PLANS
3/8 X 10" GALVANIZED
STEEL SPIKE. 4 PER BOX

NATIVE SOIL
NOTES:

1. REFER TO PLANS FOR LOCATIONS OF VALVES TO BE INSTALLED ABOVE GRADE.

2. REFER TO SPECIFICATIONS FOR ADDITIONAL INFORMATION.
5 LI501
3 RRM-1981.01-42
FG

MAINLINE TRANSITION TO ON-GRADE BALL VALVE
1" = 1'-0"

NATIVE SOIL

ISOLATION BALL VALVE

AS SPECIFIED, SAME AS

MAINLINE SIZE

PRESSURIZED MAINLINE

PVC PIPE TO FIRST VALVE

OF MANIFOLD

TRANSITION TO
ON-GRADE MAINLINE.

SIZE PER PLAN
5 RRM-1981.01-117
12"

BRASS WYE STRAINER

WITH SCREEN

BACKFLOW PREVENTOR

ENCLOSURE

BRASS UNION,
TYP. (3) PLACES
8" THICK x 12" WIDE CONCRETE

PAD (LENGTH VARIES PER

ENCLOSURE MANUFACTURER)

SLOPE TO DRAIN AT MINIMUM
2%.

MAINLINE FROM WATER
SOURCE. SIZE PER PLAN
LINE TO SYSTEMS. SIZE

PER PLAN

BACKFLOW PREVENTER WITH ENCLOSURE
1 1/2" = 1'-0"
BRASS NIPPLE - TYPICAL.
(2) PLACES
90% RELATIVE

COMPACTED SUBGRADE

SLEEVE THRU CONCRETE,
TYPICAL.

PRESSURE

REGULATOR
BRASS 90° ELL - TYPICAL
(2) PLACES
BRASS NIPPLE - TYPICAL (4)
PLACES

BACKFLOW PREVENTOR
ASSEMBLY. SIZE PER PLAN
1/3 CU FT CONCRETE

THRUST BLOCKS - TYPICAL
(2) PLACES
BRASS 90 ELL - TYPICAL (2)
PLACES

1. EQUIPMENT TO BE INSTALLED AT A MINIMUM OF 24" FROM ANY STRUCTURES OR HARDSCAPING.

2. WHEN UNIT IS NEXT TO A STRUCTURE (ie. WALL, BUILDING, ETC.) MOUNT TEST COCKS ON OPEN OR NON-STRUCTURE SIDE.

3. MOUNT BACKFLOW PREVENTER ASSEMBLY 12" FROM GROUND OR AT THE MINIMUM HEIGHT ALLOWED.

4. PROVIDE STAINLESS STEEL, LOCKING ENCLOSURE.

NOTES:

RRM-1981.01-501
30-INCH LINEAR LENGTH OF WIRE,
COILED

WATER PROOF CONNECTION
(1 OF 2)
ID TAG
VALVE BOX. SET 2" ABOVE FINISH
GRADE IN PLANTER AREAS. SET

FLUSH WITH GRADE IN
HARDSCAPE AREAS.

FINISH GRADE/SURFACE
BRICK (1 OF 4)

BRASS MAINLINE PIPE

AND FITTINGS FROM

BACKFLOW
PREVENTOR.
3" MIN. DEPTH OF 3/4" WASHED
CRUSHED AGGREGATE BASE.

ONE (1) CUBIC FT. MIN.

NOTE:

PLACE AGGREGATE PRIOR TO INSTALLATION OF VALVE BOX.

PVC UNION

MASTER REMOTE CONTROL
VALVE

CONTROLLER WIRE (WHITE

COMMON)

CONTROLLER WIRE (NON-WHITE
HOT). WIRE TO MASTER VALVE
STATION ON CONTROLLER(S).

TO DISTRIBUTION AREAS

FLOW DIRECTION
SCH 80 PVC 45°
ELL
SCH 80 PVC
NIPPLE
SCH 80 PVC NIPPLE

MAINLINE

SIZE PER
PLAN

NATIVE SOIL/TOPSOIL

MASTER VALVE
3/4" = 1'-0"
STANDARD 17"x30" MIN.
2 RRM-1981.01-84
LI501

IRRIGATION DETAILS
JF

DK / AS / AB CD
1 1/2" = 1'-0"

BRASS BALL ISOLATION VALVE - BELOW GRADE
TO GRADE, TYP.

SET BOX FLUSH

VEHICULAR RATED VALVE BOX WITH
ADAPTER.

AS REQUIRED.

THREADED NIPPLE
SCHEDULE 80
SIZE AS MAIN LINE.

PVC MAIN LINE.

ONE ON EACH SIDE OF BOX.

TWO 6X2X16 CONCRETE BLOCK CAPS,

AS SPECIFIED, SAME

ISOLATION BALL VALVE

LID, INSTALLED BELOW GRADE
NOTES:

1. INSTALL GOPHER WIRE UNDER VALVE BOX.

2. INSTALL ISOLATION BALL VALVE IN TRAFFIC RATED BOX WITH LID PER PLANS

3. REFER TO SPECIFICATIONS FOR ADDITIONAL INFORMATION.
6 RRM-1981.01-52
MAINLINE LOCATION AT ACCESS ROAD, TYP.

AS SHOWN
(E) EASTERN ACCESS

ROAD EP

SAWCUT AND REMOVE
(E) AC (WHERE OCCURS)12'-0"
16'-0"
4'-0"
NOTE TO CONTRACTOR: IRRIGATION MAIN EXACT LOCATION TO BE DETERMINED IN FIELD IN CONSULTATION WITH CITY AND CITY'S ARBORIST. (P) IRRIGATION MAIN, REFER
TO DETAIL 7, CONDITION 1
4 RRM-1981.01-56
CONDITION 1: MAINLINE UNDER TRAIL
NOTE:

1. CONDITION 1 SUBGRADE SHALL BE COMPACTED TO
90% RELATIVE COMPACTION.

2. REFER TO SPECIFICATIONS FOR ADDITIONAL
INFORMATION.
1" = 1'-0"

TRENCHING
6"
TRACER TAPE, TYP.

BEDDING SAND
MAINLINE, TYP.

BACKFILL MATERIAL

TRAIL SURFACE

PER PLANS
MAINLINE, TYP.

BEDDING SAND
NOTE:

1. REMOVE EXISTING MULCH WHERE PRESENT, STOCKPILE, AND
REPLACE UPON COMPLETION OF TRENCH BACKFILL.

2. CONDITION 2 SUBGRADE SHALL BE COMPACTED TO 95%
RELATIVE COMPACTION.

2. REFER TO SPECIFICATIONS FOR ADDITIONAL INFORMATION.

CONDITION 2: MAINLINE UNDER EXISTING PAVED ROAD

ROAD WIDTH VARIES

EXISTING MULCH WHERE

OCCURS, SEE NOTE BELOW
6"
2" COLD MIX AC, WHERE

OCCURS PER PLANS
4" CRUSHED AGGREATE BASE
RRM-1900-1981.01-09
7 DETAIL NOT USED -

NOT A PART OF CONTRACTORS BID
73 ATTACHMENT 5

Ellwood Mesa MBHMP Phase I Implementation- Irrigation Mainline Project Specifications

74 BOOK 1 OF 2

BID BOOK

FOR

ELLWOOD MESA MONARCH BUTTERFLY HABITAT MANAGEMENT
PLAN (MBHMP) PHASE I IMPLEMENTATION – IRRIGATION MAINLINE CITY PROJECT NUMBER: 9112

FOR USE WITH GREENBOOK STANDARD SPECIFICATIONS AND PLANS FOR PUBLIC WORKS CONSTRUCTION DATED 2018 AND LABOR SURCHARGE AND EQUIPMENT

RATES OF THE CALIFORNIA DEPARTMENT OF TRANSPORTATION INSOFAR AS THE SAME MAY APPLY AND IN ACCORDANCE WITH THE SPECIAL PROVISIONS.

Pre-Bid Meeting:
11:00 AM, Monday, August 12, 2024
(Non-Mandatory)
Ellwood Mesa Open Space Parking Lot,
7729 Hollister Ave, Goleta, CA 93117

Bids to be received before:
12:00 PM, Monday, August 26, 2024

PlanetBids

75 City of Goleta

Contract Documents

Ellwood Mesa Monarch Butterfly Habitat Management Plan (MBHMP) – Phase I Implementation – Irrigation Main
76 Table Of Contents

SECTION I NOTICE TO CONTRACTORS NTC-1
SECTION II BIDDING INSTRUCTIONS BI-1
SECTION III PROPOSAL PROP-1
SECTION IV AGREEMENT 1
SECTION V INSURANCE AND BONDS INS 1

SECTION VI CITY OF GOLETA CONSTRUCTION
SPECIFICATIONS GCS-1
SECTION VII SPECIAL PROVISIONS SP-1

77 SECTION I

NOTICE TO CONTRACTORS

78 NTC 1

NOTICE TO CONTRACTORS

INVITING SEALED BIDS

FOR THE

ELLWOOD MESA MONARCH BUTTERFLY HABITAT MANAGEMENT PLAN
(MBHMP) PHASE I IMPLEMENTATION – IRRIGATION MAINLINE

City Project Number: 9112

All communications relative to this project shall be conducted through PlanetBids.

Questions about alleged patent ambiguity of the plans, specifications, or estimate must be asked before bid opening. After bid opening, the CITY does not consider these questions as bid protests.

A pre-bid meeting will be held at the Ellwood Mesa Open Space Parking Lot (7729 Hollister Ave, Goleta, CA 93117) at 11:00 AM, Monday, August 12, 2024 (Non-Mandatory).

The California Air Resources Board (“CARB”) implemented amendments to the In-Use Off-Road Diesel-Fueled Fleets Regulations (“Regulation”) which are effective on January 1, 2024 and apply broadly to all self-propelled off road diesel vehicles 25 horsepower or greater and other forms of equipment used in California. A copy of the Regulation is available at https://ww2.arb.ca.gov/sites/default/files/barcu/regact/2022/off-roaddiesel/appa-1.pdf. Bidders are required to comply with all CARB and Regulation requirements, including, without limitation, all applicable sections of the Regulation, as codified in Title 13 of the California Code of Regulations section 2449 et seq. throughout the term of the Project. Bidders must provide, with 79 NTC 2
their Bid, copies of Bidder’s and all listed subcontractors the most recent, valid Certificate of Reported Compliance (“CRC”) issued by CARB. Failure to provide valid CRCs as required herein may render the Bid non-responsive.

MONARCH BUTTERFLY HABITAT MANAGEMENT PLAN (MBHMP) PHASE I IMPLEMENTATION – IRRIGATION MAINLINE.”

80 NTC 3
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.

Bids shall remain open and valid for a period of one hundred twenty (120) calendar days after the Bid Deadline.

CITY OF GOLETA

_________________________
Deborah S. Lopez, City Clerk

Published:

Santa Barbara Independent: August 8, 2024 and August 15, 2024 81 NTC 4

END OF NOTICE TO CONTRACTORS
82 SECTION II

BIDDING INSTRUCTIONS

83 BI- 1

SECTION II BIDDING INSTRUCTIONS
1 DEFINITIONS. Unless provided otherwise, the definitions in the contract documents are applicable to all contract documents.

1.1 “Addenda” means written or graphic instruments issued by the City before the bid deadline that modify or interpret the contract 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 Contractor’s responsibility if 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 to Contractors, 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, City of Goleta Construction Specifications, Special Provisions, Plans, Greenbook Standard Plans, Greenbook Standard Specifications, Revised Standard Specifications, Labor Surcharge and Equipment Rental Rates, Work Directives, Reference Specifications, Change Orders, Supplemental Agreements, Appendices, Project Plans and any other applicable documents not listed, including modifications incorporated in those documents.

1.6 “Contract Price” means the total aggregate amount of the 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 contract 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.

84 BI- 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 transportation, 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 five (5) 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 Bidder is aware of and, if awarded the contract, will comply with legal requirements in its performance of the Work.

2.7 Bidder is aware of and, if identified as the apparent lowest responsible bidder, would be required to pay City business license fee(s).

2.8 Bidder shall not damage or endanger and shall preserve and protect adjacent properties.

2.9 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 approved areas.
85 BI- 3

2.10 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.

2.11 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 Contract 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. 3 CONTRACT DOCUMENTS.

3.1 Bidders may obtain complete sets of the Contract Documents from PlanetBids.

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 Contract Documents.
4 INTERPRETATION OR CORRECTION OF CONTRACT DOCUMENTS.

4.1 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.

4.2 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.

4.3 Clarifications, interpretations, corrections, and changes to the Contract Documents will only be made by addenda. Purported clarifications, 86 BI- 4
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 PRODUCT SUBSTITUTIONS.

5.1 No requests for product substitutions will be considered before award of contract.
6 SUBCONTRACTORS.

6.1 Each bidder will list in the proposal 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 proposal 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 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 proposal 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 Substitution of subcontractors after the bid deadline who are listed in the proposal 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 Contract 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 to receive addendum notifications. Addenda will be posted on the PlanetBids portal.

7.3 Addenda will be made available on PlanetBids.

7.4 The City will issue addenda so that they are received by prospective bidders not less than three (3) working 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.
87 BI- 5

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 proposal forms included with the Contract Documents. Bids not submitted on the City’s proposal forms will be rejected. All blanks on the proposal 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 a law or safety regulation. The bidder must explain the circumstances of each disqualification.

9.4 Bidder will make no stipulations on the proposal 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 proposal forms 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 proposal 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 proposal form and to furnish all items required by the Contract Documents.

10.2 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 88 BI- 6
and be received or postmarked within three (3) City working 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.

10.3 If the apparent lowest responsible bidder fails to sign the contract and furnish all items required by the contract 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.

10.4 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.

10.5 The City will retain the bid security until the occurrence of one of the following:

10.5.1.1 All items required by the contract documents have been furnished and the contract has been signed by the successful bidder and the City.

10.5.1.2 The specified time has elapsed during which bids may be withdrawn.

10.5.1.3 All bids have been rejected.
11 BID DELIVERY.

11.1 The proposal forms, 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) calendar days after the bid deadline unless otherwise 89 BI- 7
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 and available for viewing on PlanetBids.
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 Documents and the moral and business integrity and reliability that will assure good faith performance in the sole discretion of the City. 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 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 Contract 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 Contract 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 City reserves the right, in its sole discretion, to: judge the bidder’s representations as stated in the proposal 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; 90 BI- 8
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 Sealed Bids does not commit the City 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 contract documents, or a bid which is in any other way materially incomplete, irregular or not responsive to the bid request in the sole determination of the City. 15 AWARD.

15.1 The City may retain all bids for a period of one hundred and twenty (120) calendar days for examination and comparison, and to delete any portion of the Work from the contract.

15.2 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.

15.3 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.

15.4 City Staff will identify the apparent lowest responsive and responsible bidder and notify such bidder within (30) working days (unless the number of days is modified in any Addendum issued to bidders) after the Bid Deadline. Within ten (10) calendar 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, facsimile number and trade on bidders’ company stationery. Evidence, as required by the 91 BI- 9
city, of the reliability and responsibility of the proposed subcontractors such as statements of experience, statements of financial condition, and references.

15.5 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. This Project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations.

15.6 If bidder submits the two original signed contracts and all other items within ten (10) working days after receiving the City’s notification, and all such items comply with the requirements of the contract 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,” “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 City 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.
92 BI- 10
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 Contract 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.
19 COMPLIANCE WITH CARB REGULATIONS
The City is a Public Works Awarding Body, as defined under Title 13 California Code of Regulations Section 2449(c)(46). Accordingly, Bidders must submit, with their Bids, a valid Certificate of Reported Compliance (“CRC”) for the Bidder’s and its listed subcontractors fleet (including any applicable leased equipment or vehicles). Bidder must complete and submit the Fleet Compliance Certification, on the form included in the bid package. Failure to provide a valid CRC for the Bidder’s fleet, and for the fleets of all listed subcontractors, or failure to complete the Fleet Compliance Certification, may render the Bid non-responsive.
93 SECTION III

PROPOSAL
94 PROP- 1

SECTION III PROPOSAL

BID PROPOSAL
FOR

ELLWOOD MESA MONARCH BUTTERFLY HABITAT MANAGEMENT PLAN
(MBHMP) PHASE I IMPLEMENTATION – IRRIGATION MAINLINE

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 Ellwood Mesa Monarch Butterfly Habitat Management Plan (MBHMP) Phase I Implementation – Irrigation Main 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 Section 7-3.5.2 INCREASES OF MORE THAN 25 PERCENT AND Section 7-3.5.3 DECREASES OF MORE THAN 25 PERCENT of the Greenbook Standard Specifications. 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 TEN (10) WORKING DAYS 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.

95 PROP- 2

SECTION III BID PROPOSAL
FOR

ELLWOOD MESA MONARCH BUTTERFLY HABITAT MANAGEMENT PLAN
(MBHMP) PHASE I IMPLEMENTATION – IRRIGATION MAINLINE
The Project insurance requirements are per the Greenbook Standard Specifications, as modified by the City of Goleta Construction Specifications contained herein.

Full Legal Name of Bidder: _________________________________________ Type of Entity: ___________________________________________________ (corporation, partnership, etc.)
State of Incorporation / Organization: _________________________________ Mailing Address: ________________________________________________ City, State, Zip: _________________________________________________ Physical Address: _________________________________________________ (must be included even if PO box is used for mailing)
City, State, Zip: ___________________________________________________ Telephone Number: Area Code ( )
Email Address:

California Contractor License No.

Contractor (and sub-contractors) wishing to bid on public works contracts shall be registered with the State Department of Industrial Relations and certified to bid on Public Works contracts. Register at: https://www.dir.ca.gov/public- works/contractor-registration.html.

Contractor Department of Industrial Relations Registration No.

California Contract License Classification(s) __________________________

The Contractor must be properly licensed as a contractor from contract award through Contract acceptance (23 CRF 635.110).

The work for which this bid is submitted is for construction in conformance with the Special Provisions (including the payment of not less than the State general prevailing wage rates), the Project Plans described below, including any addenda thereto, the 96 PROP- 3
contract annexed hereto, and also in conformance with the California Department of Transportation Standard Plans, dated 2018, the California Department of Transportation Standard Specifications, dated 2018, and the Labor Surcharge and Equipment Rental Rates in effect on the date the work is accomplished.

The work to be done and referred to herein is in the City of Goleta, Santa Barbara County, State of California, and is to be constructed in accordance with the Contract Documents and the Prevailing Wage Rates of the Department of Industrial Relations.

The work to be done is described in the Contract Documents entitled Ellwood Mesa Monarch Butterfly Habitat Management Plan (MBHMP) – Phase I Implementation – Irrigation Main City of Goleta, California.

The undersigned, as Bidder, declares that the only persons or parties interested in this Proposal as principals are those named herein; that this Proposal is made without collusion with any other person, firm, or corporation; that he or she has carefully examined the location of the proposed work and the Contract Documents; and proposes, and agrees if this Proposal is accepted, that he or she will Contract with the City of Goleta, in the form of a copy of the Agreement contained in the Bid Document, to provide all necessary machinery, tools, apparatus and other means of construction, and to do all the work and furnish all the materials specified in the Contract, in the manner and time therein prescribed, and according to the requirements of the Director, as therein set forth, and that he or she will take in full payment therefore prices indicated in the Schedule of Bid Items, including all work modified by addendum numbers _____________________. (IF NONE, STATE NONE).

In accordance with the provisions of California Labor Code Section 6707, whenever the State, a County, City and County, or City issues a call for bids for the construction of a pipeline, drainage, water, sewer, sewage disposal system, boring or jacking pits, or similar trenches or open excavations, which are five (5' ) feet or deeper, such call shall specify that each bid submitted in response thereto shall contain, as a bid item, adequate sheeting, shoring, and bracing or equivalent method, for the protection of life or limb, which shall conform to applicable safety orders.

As required under the provisions of California Public Contract Code Section 4104 et seq., any person making a bid or offer to perform the work, shall in his or her bid or offer, set forth: (a)(1) The name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime Contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the primary Contractor specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of one percent (0.5%) of the prime Contractor' s total bid or, in the case of bids or offers for the 97 PROP- 4
construction of streets or highways, including bridges, in excess of one-half of one percent (0.5%) of the prime contractor’s total bid or ten thousand dollars ($10,000) whichever is greater; (2)(A) Subject to subparagraph (B), any information requested by the officer, department, board, or commission concerning any subcontractor who the prime contractor is required to list under this subdivision, other than the subcontractor’s name and location of business, may be submitted by the prime contractor up to 24 hours after the deadline established by the officer, department, board, or commission for receipt of bids by prime contractors; (B) A state or local agency may implement subparagraph (A) at its option; (b) The portion of the work that will be done by each such subcontractor under this Act. The prime Contractor shall list only one (1) subcontractor for each such portion as defined by the prime Contractor in his or her Bid.

98 PROP- 5

ELLWOOD MESA MONARCH BUTTERFLY HABITAT MANAGEMENT PLAN
(MBHMP) PHASE I IMPLEMENTATION – IRRIGATION MAINLINE

BIDDING SHEET
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 criteria outlined in Section 14 of the Bidding Instructions.

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, the 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. 99 PROJECT NUMBER: 9112
CONTRACTOR:

SCHEDULE OF BID ITEMS
ITEM
# * ITEM
CODE DESCRIPTION UNIT EST.

QUANT. UNIT PRICE AMOUNT
1 (P) 901 GENERAL CONDITIONS/
MOBILIZATION LS 1
2 300-1 HARDSCAPE AND DEBRIS
REMOVAL LS 1
3 200-2.2
301-2 AGGREGATE BASE CY 5
4 800-2.2.4 CONTROL VALVE - 3" @
POC EA 1
5 301-1 COLD AC MIX SF 847
6 800-2.2
800-2.2.7 LATERAL STUBS EA 13
7 800-2.2
800-2.2.7 IN LINE VALVES EA 6
8 801-5.2
801-5.3
MAINLINE PIPE - 2 1/2" -
PVC SCHED 40 LF 860
9 801-5.2
801-5.3
MAINLINE PIPE - 3" - PVC
SCHED 40 LF 5,819
10 (P) 903 WATER POLLUTION
CONTROL PLAN LS 1
TOTAL (BID ITEMS #1 TO #10) $
ITEM
# * ITEM
CODE DESCRIPTION UNIT EST.

QUANT. UNIT PRICE AMOUNT

ALLOWANCES
11 (P) 801-5.3.5 HAND DIGGING LS 1 $50,000.00 $50,000.00 TOTAL (ALLOWANCES BID #11) $50,000.00
TOTAL BID (BID ITEMS AND ALLOWANCES #1 TO #11) $
* NOTES:
(P) DENOTES PARTIAL PAYMENT

ELLWOOD MBHMP PHASE I IMPLEMENTATION - IRRIGATION MAIN
PROP -6
PAGE 1 OF 1
ADDENDUM 1
100
PROP- 7

LIST OF SUBCONTRACTORS

The Bidder shall list the name, address, license number, and description of work, bid item number, percentage of bid item subcontracted by cost and Department of Industrial Relations Registration number for each subcontractor to whom the Bidder proposes to subcontract portions of the work, as required by the provisions in Section 1-6.2 SUBCONTRACTOR LISTING of the Greenbook Standard Specifications. Listed subcontractors must be registered with the Department of Industrial Relations. Pursuant to SB 854, this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR). Bidder shall list the DIR registration number for each subcontractor.

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:

Bid Item
Number(s)
Subcontractor
License
Number
Subcontractor
DIR
Registration
Number
Percent of
Total Bid
Subcontractor’s
Name & Address

101
PROP- 8
Bid Item
Number(s)
Subcontractor
License
Number
Subcontractor
DIR
Registration
Number
Percent of
Total Bid
Subcontractor’s
Name & Address

BIDDER’S REFERENCES
102
PROP- 9
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 five (5) 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.

103
PROP- 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 Expiration 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:
_______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ 104
PROP- 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

105
PROP- 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 106
PROP- 13
BID BOND FOR:

ELLWOOD MESA MONARCH BUTTERFLY HABITAT MANAGEMENT PLAN (MBHMP) PHASE I IMPLEMENTATION – IRRIGATION MAINLINE

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) working 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 CONTRACT EXECUTION of the City of Goleta Construction Specifications.

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)

107
PROP- 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.

108
PROP- 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

109
PROP- 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 public 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 public 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 true 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.

110
PROP- 17

NON-COLLUSION DECLARATION
FOR

ELLWOOD MESA MONARCH BUTTERFLY HABITAT MANAGEMENT PLAN (MBHMP) PHASE I IMPLEMENTATION – IRRIGATION MAINLINE

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, partnership, 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)

111
PROP- 18

(THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL

ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH

ARE A PART OF THIS PROPOSAL)

EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION

The bidder_________________________________________________________________, proposed subcontractor _______________________________________________, hereby certifies that he has_____, has not___, participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President’s Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.

Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts, which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.)

Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations.

Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor.
___________________________________________________________

112
PROP- 19

PUBLIC CONTRACT CODE

Public Contract Code Section 10285.1 Statement

In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder has ___ , has not ___ been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1.

Note: The bidder must place a check mark after "has" or "has not" in one of the blank spaces provided.

The above Statement is part of the Bid. Signing this Bid on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

113
PROP- 20

PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE

In conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire:

Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation?

Yes _____ No _____

If the answer is yes, explain the circumstances in the following space.

114
PROP- 21
PUBLIC CONTRACT CODE 10232 STATEMENT

In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board.

Note: The above Statement and Questionnaire are part of the Bid. Signing this Bid on the signature portion thereof shall also constitute signature of this Statement and Questionnaire.

Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

115
PROP- 22

DEBARMENT AND SUSPENSION CERTIFICATION

TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29

The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager:
• is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency;
• has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years;
• does not have a proposed debarment pending; and
• has not been indicted, convicted, or had a civil judgement rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years.

If there are any exceptions to this certification, insert the exceptions in the following space.

Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action.

Notes: Providing false information may result in criminal prosecution or administrative sanctions.

The above certification is part of the Bid. Signing this Bid on the signature portion thereof shall also constitute signature of this Certification.

_________________________________________

116

PROP- 23

IRAN CONTRACTING ACT DISCLOSURE FORM

GENERAL

GENERAL REQUIREMENTS

A. Pursuant to the Iran Contract Act of 2010 (California Public Contract Code, Sections 2202- 2208), Bidders are ineligible to bid on projects with a public entity for goods or services of one million dollars ($1,000,000) or more if the Bidder engages in investment activities in Iran.

B. Bidders must provide the below disclosure form as a mandatory submittal for all projects in excess of $1,000,000. The Iran Contracting Act Disclosure Form shall be submitted by the 3 apparent low bidders within 7 working days after opening of the bids.

(California Public Contract, Sections 2202-2208)

When responding to a bid or proposal or executing a contract or renewal for a City contract for goods or services of $1,000,000 or more, a vendor must either: a) certify it is not on the current list of persons engaged in investment activities in Iran created by the California Department of General Services (“DGS”) pursuant to Public Contract Code section 2203(b) and is not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person, for 45 working days or more, if that other person will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by DGS; or b) demonstrate it has been exempted from the certification requirement for that solicitation or contract pursuant to Public Contract Code Section 2203(c) or (d).

To comply with this requirement, please provide your vendor or financial institution name and complete one of the options below. Please note: California law establishes penalties for providing false certifications, including civil penalties equal to the greater of $250,000 or twice the amount of the contract for which the false certification was made; contract termination; and three-year ineligibility to bid on contracts. (Public Contract Code section 2205.)

OPTION #1 – CERTIFICATION

I, the official named below, certify I am duly authorized to execute this certification on behalf of the vendor/financial institution identified below, and the vendor/financial institution identified below is not on the current list of persons engaged in investment activities in Iran created by DGS and is not a financial institution extending twenty million ($20,000,000) or more in credit to another person/vendor, for 45 working days or more, if that other person/vendor will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by DGS.

Vendor Name/Financial Institution (Printed)
By (Authorized Signature)
117

PROP- 24
Printed Name and Title of Person Signing
Date Executed Executed in

OPTION #2 – EXEMPTION

Pursuant to Public Contract Code sections 2203(c) and (d), a public entity may permit a vendor/financial institution engaged in investment activities in Iran, on a case-by-case basis, to be eligible for, or to bid on, submit a proposal for, or enters into or renews, a contract for goods and services.

If you have obtained an exemption from the certification requirement under the Iran Contracting Act, please fill out the information below, and attach documentation demonstrating the exemption approval.

Vendor Name/Financial Institution (Printed)
By (Authorized Signature)
Printed Name and Title of Person Signing
Date Executed Executed in
118

PROP- 25

DRUG-FREE WORKPLACE POLICY AND

AFFIDAVIT

BID MAY BE DECLARED NONRESPONSIVE IF THIS FORM (COMPLETED) IS NOT ATTACHED.

Pursuant to City Council Resolution CC90-498 dated 6/26/90 the following is required.

The undersigned Proposer certifies that it and all subcontractors performing under this contract will provide a drug-free workplace by:

1. Publishing a "Drug-Free Workplace" statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the Contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition.

2. Establishing a Drug-Free Awareness Program to inform employees about:

a. The dangers of drug abuse in the workplace.
b. The Contractor's policy of maintaining a drug-free workplace. c. Any available drug counseling, rehabilitation, and employee assistance program. d. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace.

3. Notify employees that as a condition of employment under this Contract, employees will be expected to:

a. Abide by the terms of the statement.
b. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace.

4. Making it a requirement that each employee to be engaged in the performance of the Contract be given a copy on the "Drug-Free Workplace" statement.

5. Taking one of the following appropriate actions, within thirty (30) working days of receiving notice from an employee or otherwise receiving such notice, that said employee has received a drug conviction for a violation occurring in the workplace:

a. Taking appropriate disciplinary action against such an employee, up to and including termination; or
b. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement or other appropriate agency.

* I certify that no person employed by this company, corporation, or business has been convicted of any criminal drug statute violation on any job site or project where this company, corporation, or business was performing work within three
(2) years of the date of my signature below.

EXCEPTION:

Date Violation Type Place of Occurrence
If additional space is required use back of this form.

*The above statement will also be incorporated as a part of each subcontract agreement for any and all subcontractors selected for performance on this project.

IN THE EVENT THIS COMPANY, CORPORATION, OR BUSINESS IS AWARDED THIS CONSTRUCTION CONTRACT, AS A RESULT OF THIS BID; THE PROPOSER WITH HIS/HER SIGNATURE REPRESENTS TO THE CITY THAT THE INFORMATION DISCLOSED IN THIS DOCUMENT IS COMPLETE AND ACCURATE. IT IS

UNDERSTOOD AND AGREED THAT FALSE CERTIFICATION IS SUBJECT TO IMMEDIATE TERMINATION BY THE CITY.

The Representations Made Herein On This Document Are Made Under Penalty Of Perjury. 119

PROP- 26

PROPOSER'S NAME:

BY: Date:

Signature Title
Effects of violations: a. Suspension of payments under this contract. b. Suspension or termination of the contract. c. Suspension or debarment of the contractor from receiving any contract from the City of Goleta for a period not to exceed five years.

FM 681 7/10/9
120

COMPLIANCE WITH ECONOMIC SANCTIONS
IN RESPONSE TO RUSSIA’S ACTIONS IN UKRAINE
SAPC Information Notice 22-15

Per Executive Order N-6-22, all contractors and grantees that have agreements valued at $5 million or more with agencies/departments subject to the California Governor’s authority are directed to report to their contracting or grantor agency or department regarding their compliance with economic sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as sanctions imposed under state law, if any.

Instructions: Complete Section 1, provide a letter for Section 2 and return both to your CPA. 1) ATTESTATION OF COMPLIANCE:

Having conducted a good faith review, I attest that
(agency name) is in compliance with the economic sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as sanctions imposed under state law, if any.

Contractor/Provider Name (Printed): Contract Number (s):

By (Authorized Signature):

Printed name and title of authorized signor:

Date of Signed Attestation of Compliance:

2) REPORT OF ACTIONS/STEPS TAKEN:

Attach a brief report to this notice form, on your agency letterhead describing the steps and actions, if any, you have taken in response to Russia’s actions in Ukraine and to ensure compliance with the EO. Please note that responses may be subject to disclosure under the California Public Records Act. Accordingly, please do not include any confidential information or disclosures that could pose security risks.
121

PROP- 28
Fleet Compliance Certification.

Bidder hereby acknowledges that they have reviewed the California Air Resources Board’s policies, rules and regulations and are familiar with the requirements of Title 13, California Code of Regulations, Division 3, Chapter 9, effective on January 1, 2024 (the “Regulation”). Bidder hereby certifies, subject to penalty for perjury, that the option checked below relating to the Bidder’s fleet, and/or that of their subcontractor(s) (“Fleet”) is true and correct:

 The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have been attached hereto.

 The Fleet is exempt from the Regulation under section 2449.1(f)(2), and a signed description of the subject vehicles, and reasoning for exemption has been attached hereto.

 Bidder and/or their subcontractor is unable to procure R99 or R100 renewable diesel fuel as defined in the Regulation pursuant to section 2449.1(f)(3). Bidder shall keep detailed records describing the normal refueling methods, their attempts to procure renewable diesel fuel and proof that shows they were not able to procure renewable diesel (i.e. third party correspondence or vendor bids).

 The Fleet is exempt from the requirements of the Regulation pursuant to section 2449(i)(4) because this Project has been deemed an Emergency, as defined under section 2449(c)(18). Bidder shall only operate the exempted vehicles in the emergency situation and records of the exempted vehicles must be maintained, pursuant to section 2449(i)(4).

 The Fleet does not fall under the Regulation or are otherwise exempted and a detailed reasoning is attached hereto.

Name of Bidder:_________________________________________________

Signature: __________________________________________________

Name: __________________________________________________

Title: __________________________________________________

Date: __________________________________________________

122

SECTION IV

AGREEMENT

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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”).

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. GENERAL 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 clarifying, amending, or extending the work 124
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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 pr ovisions of this CONTRACT, and the Standard Specifications, in that order, shall control . Collectively, these contract documents constitute the complete CONTRACT between CITY and CONTRAC TOR 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 contrac t 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, CONTRACTO R agrees to forfeit and pay CITY as liquidated damages, not as a penalty, the sum of $______ 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 125
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to pay any penalty or civil damages resulting from a violation of the prevailing wage laws.

C. CITY directs CONTRACT OR’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 t he performance of the contract. The ratio of apprentices to journeymen in such cases will not be less than one to five except:

(1) When employment in the area of coverage by the joint appren - ticeship committee has exceeded an average of 15 percent in the 90 days before the request for certificate, or

(2) When the number of apprentices in training in the area exceeds a ratio of one to five, or

(3) When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis state-wide or locally, or

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 126
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registered 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.

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 Enforcement .

If requested by CITY, CONTRACT OR must provide copies of the records at its cost.

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 per sons, either workers or employees of 127
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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 Indemnities against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, 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 passiv e negligen ce on the part of CITY . In connection therewith:

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 Indemnite es 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, with out 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 128
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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.

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.

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, C ONTRACTOR, 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.”
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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 130
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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.

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 p romise 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 writt en amendment. CITY’s City Manager may execute any su ch amendment on CITY’s behalf.

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.

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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. NONDISCRIMINATION: The CITY reaffirms its ongoing commitment to equality in the conduct of City business, and prohibits any policy, plan, program, custom or practice, including harassment, in the conduct of City business. No discrimination or discriminatory practice shall oc cur in either employment of persons for, or completion of, the work contemplated by this CONTRACT, when such discrimination is based on race, color, national origin, or ancestry; religion; sex; gender, gender identity, gender expression , or gender transitioning status; physical disability, mental disability, medical condition, or genetic information; marital or domestic partner status; citizenship status; age; sexual orientation; exercising a legally protected right to an employment leav e of absence; status as a victim of domestic violence, sexual assault, or stalking; reproductive health decision-making, or any other classification protected under state or federal law.

Among other possible violations of law, a violation of this section exposes CONTRACTOR to the penalties provided for in Labor Code Section 1735.

23. PAPER PRODUCTS AND PRINTING REQUIREMENTS: To the extent this contract provides paper products, and printing and writing paper for the City, CONTRACTOR must meet quality standards and criteria specified in SB 1383, Sections 22150-22154 of the Public Contract Code and 16 Code of Federal Regulations (CFR) Section 260.12 by:
a. If fitness and quality are equal, provide recycled products, instead of nonrecycled products whenever recycled products are available at the same or a lesser total cost than nonrecycled items.
b. Provide paper products and printing and writing paper that meet Federal Trade Commission recyclability standard as defined in 16 CFR Section 260.12.
c. Certify in writing, under penalty of perjury, the minimum percentage of postconsumer material in the paper products and printing and writing 132
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paper offered or sold to the City. This certification requirement may be waived if the percentage of postconsumer material in the paper products, printing and writing paper, or both can be verified by a product label, catalog, invoice, or a manufacturer or vendor internet website. d. Certify in writing, on invoices or receipts provided, that the paper products and printing and writing paper offered or sold to the City is eligible to be labeled with an unqualified recyclable label as defined in 16 CFR Section 260.12.
e. Comply with any other requirements in Goleta Municipal Code Section

8.10.900(B).

24. ORGANIC WASTE USE REQUIREMENTS: To the extent this contract provides landscaping maintenance, renovation, and construction services, CONTRACTOR must:
a. Use compost and SB 1383 eligible mulch, as practicable, produced from recovered organic waste, for all landscaping renovations, construction, or maintenance performed for the City, whenever available, and capable of meeting quality standards and criteria specified. SB 1383 eligible mulch used for land application must c omply with 14 CCR Section 18993.1 - 18993.4, and must meet or exceed the physical contamination, maximum metal concentration and pathogen density standards specified in 14 CCR Sections 17852(a)(24.5)(A)(1) through (3).
b. Keep and provide records of procurement of recovered organic waste products (either through purchase or acquisition) to the City’s Designated Representative, upon completion of projects. Information to be provided must include:
i. General description of how and where the product was used and if applicable, applied;
ii. Source of product, including name, physical location, and contact information for each entity, operation, or facility from whom the recovered organic waste products were procured; iii. Type of product;
iv. Quantity of each product; and,
v. Invoice or other record demonstrating purchase or
procurement.
c. Comply with all requirements in Goleta Municipal Code Section

8.10.900(A).

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25. 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.

26. TIME IS OF ESSENCE : Time is of the essence for each and every provision of the Contract Documents.

27. 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.

28. 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.

29. FEDERAL REQUIREMENTS:

FEMA financial assistance will be used to fund all or a portion of this contract.

The Contractor shall comply with all federal requirements including, but not limited to, the following:

1. 2 C.F.R. Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, which is expressly incorporated herein by reference.

2. Federal Contract Provisions attached hereto as Exhibit C and incorporated herein by reference.

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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:

ISAAC ROSEN, ACTING CITY ATTORNEY

___________________________________
Scott Shapses, Deputy City Attorney

CONTRACTOR:

_____________________________________
Name, Title

State of California License No.

_____________________________________
Department of Industrial Relations Registration
No.

_____________________________________

Business Phone No.

_____________________________________

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CONTRACTOR’S Emergency Phone No. at
which contractor can be reached at any time

_____________________________________

_____________________________________
Name, Title

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EXHIBIT A

NOTICE INVITING SEALED BIDS

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EXHIBIT B

BID PROPOSAL

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EXHIBIT C

FEDERAL CONTRACT PROVISIONS
During the performance of this contract, _____________________ (the “Contractor”) shall comply with all applicable federal laws and regulations including but not limited to the federal contract provisions in this Exhibit. In this Exhibit, the term “Agency” shall mean the local agency entering into this contract with the Contractor.

1. CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN’S BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321)

A. Contractor shall be subject to 2 C.F.R. § 200.321 and will take affirmative steps to assure that minority firms, women’s business enterprises, and labor surplus area firms are used when possible and will not be discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award.

B. Affirmative steps shall include:

i. Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
ii. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; iii. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises;
iv. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and
v. Using the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency (MBDA) of the Department of Commerce.

Contractor shall submit evidence of compliance with the foregoing affirmative steps when requested by the Agency.

Notwithstanding the foregoing, the affirmative steps requirements detailed above do not apply in the case of a noncompetitive procurement made under the emergency exception/exigency exception to competitive procurements.

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2. COST PRINCIPLES (2 C.F.R. PART 200, SUBPART E)

A. If any indirect costs will be charged to the Agency under this contract, such costs must conform to the cost principles set forth under the Uniform Rules at 2 C.F.R. Part 200, subpart E (“Cost Principles”). In general, costs must (i) be necessary and reasonable; (ii) allocable to the g rant award; (iii) conform to any limitations or exclusions set forth in the Cost Principles; (iv) be adequately documented; and (v) be determined in accordance with generally accepted accounting principles (“GAAP”), except, for state and local governments and Indian tribes only, as otherwise provided for in 2 C.F.R. Part 200, subpart E. 2 C.F.R. § 200.403. Costs that are determined unallowable pursuant to a federal audit are subject to repayment by Contractor.

3. ACCESS TO RECORDS & RECORD RETENTION (2 C.F.R. 200.336)

A. Contractor shall comply with 2 C.F.R. § 200.336 and provide the Federal Agency, Inspectors General, the Comptroller General of the United States, Agency, and the State of California or any of their authorized representatives access, during normal business hours, to documents, papers, books and records which are directly pertinent to this contract for the purposes of making and responding to audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to the Contractor personnel for the purpose of interview and discussion related to the books and records.

B. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.

C. The Contractor agrees to provide the Federal Agency or its authorized representatives access to construction or other work sites pertaining to the work being completed under the contract.

4. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 – CONTRACT PROVISIONS FOR NON -FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.326)

A. Appendix II to Part 200 (A); Appendix II to Part 200 (B): Remedies for Breach; Termination for Cause/Convenience. If the contract is in excess of $10,000 and the contract does not include provisions for both termination for cause and termination for convenience by the Agency, including the 140
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manner by which it will be effected and the basis for settlement, then the following termination clauses shall apply. If the contract is for more than the simplified acquisition threshold (see 2 C.F.R. § 200.88) at the time the contract is executed and does not provide for administrative, contractual, or legal remedies in instances where Contractor violates or breaches the terms of the contract, then the following termination clauses shall apply and have precedence over the contract. Otherwise, the following termination clauses shall not be applicable to the contract.

i. Termination for Convenience. The Agency may, by written notice to Contractor, terminate this contract for convenience, in whole or in part, at any time by giving written notice to Contractor of such termination, and specifying the effective date thereof (“Notice of Termination for C onvenience”). If the termination is for the convenience of the Agency, the Agency shall compensate Provider for work or materials fully and adequately provided through the effective date of termination. No amount shall be paid for unperformed work or materials not provided, including anticipated profit. Contractor shall provide documentation deemed adequate by the Agency to show the work actually completed or materials provided by Contractor prior to the effective date of termination. This contract shall terminate on the effective date of the Notice of Termination.

ii. Termination for Cause. If Contractor fails to perform pursuant to the terms of this contract, the Agency shall provide written notice to Contractor specifying the default (“Notice of Default”). If Contractor does not cure such default within ten (10) calendar days of receipt of Notice of Default, the Agency may terminate this contract for cause.

If Contractor fails to cure a default as set forth above, the Agency may, by written notice to Contractor, terminate this contract for cause, in whole or in part , and specifying the effective date thereof (“Notice of Termination for Cause”). If the termination is for cause, Contractor shall be compensated for that portion of the work or materials provided which has been fully and adequately completed and accepted by the Agency as of the date the Agency provides the Notice of Termination. In such case, the Agency shall have the right to take whatever steps it deems necessary to complete the project and correct Contractor’s deficiencies and charge the cost thereof t o Contractor, who shall be liable for the full cost of the Agency's corrective action, including reasonable overhead, profit and attorneys' fees.
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iii. Reimbursement; Damages. The Agency shall be entitled to reimbursement for any compensation paid in excess of work rendered or materials provided and shall be entitled to withhold compensation for defective work or other damages caused by Contractor performance of the work.

iv. Additional Termination Provisions. Upon receipt of a Notice of Termination, either for cause or for convenience, Contractor shall promptly discontinue the work unless the Notice directs to the contrary. Contractor shall deliver to the Agency and transfer title (if necessary) to all provi ded materials and completed work, and work in progress including drafts, documents, plans, forms, maps, products, graphics, computer programs and reports. The rights and remedies of the parties provided in this Section are in addition to any other rights and remedies provided by law or under this contract.

Contractor acknowledges the Agency’s right to terminate this contract with or without cause as provided in this Section, and hereby waives any and all claims for damages that might arise from the Agency’s termination of this contract. The Agency shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed work or materials not provided and shall not be entitled to damages or compensation for termination of work or supply of materials. If Agency terminates this contract for cause, and it is later determined that the termination for cause was wrongful, the termination s hall automatically be converted to and treated as a termination for convenience. In such event, Contractor shall be entitled to receive only the amounts payable under this Section, and Contractor specifically waives any claim for any other amounts or damages, including, but not limited to, any claim for consequential damages or lost profits. The rights and remedies of the Agency provided in this Section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or u nder this contract including, but not limited to, the right to specific performance.

B. Appendix II to Part 200 (C) – Equal Employment Opportunity: Except as otherwise provided under 41 C.F.R. Part 60, Contractor shall comply with the following equal opportunity clause, in accordance with Executive Order 11246 of September 24, 1965, entitled “Equal Employment Opportunity,” as 142
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amended by Executive Order 11375 of October 13, 1967 and implementation regulations at 41 C.F.R. Chapter 60:

i. Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin.

Contractor will take affirmative action to insure that applicants are employed and that employees are treated equal ly during employment, without regard to race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following:
employment upgrading, demotion, transfer, recruitment, or recruitment advertising; layoff or terminatio n; rates of pay or other forms of compensation; and selection for training including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Agency setting forth t he provisions of this nondiscrimination clause.

ii. Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to their race, color, religion, sex, or national origin.

iii. Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigat ion conducted by the employer, or is consistent with Contractor‘s legal duty to furnish information.

iv. Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' r epresentative of the contractor's commitments under Section 202 of Executive Order No. 143
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11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

v. Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

vi. Contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and acc ounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

vii. In the event of Contractor’s noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No.11246 of Sept. 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No.11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

viii. Contractor will include the provisions of paragraphs (i) through (viii) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of Septemb er 24,1965, so that such provisions will be binding upon each subcontractor or Contractor. Contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event Contractor becomes involved in, or is threatened with, litigation with a subcontractor or Contractor as a result of such direction, Contractor may request the United States to enter into such litigation to protect the interests of the United States.

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C. Appendix II to Part 200 (D) – Davis-Bacon Act; Copeland Act: Not applicable to this contract.

D. Appendix II to Part 200 (E) – Contract Work Hours and Safety Standards Act:

i. If this contract is in excess of $100,000 and involves the employment of mechanics or laborers, Contractor shall comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor
regulations (29 C.F.R. Part 5). Under 40 U.S.C. 3702, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under wo rking conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

ii. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

iii. In the event of any violation of the clause set forth in paragraph (ii) of this section the contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liq uidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic , including watchmen and guards, employed in violation of the clause set forth in paragraph (ii) of this section, in the sum of $10 for each calendar day on which 145
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such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (ii) of this section.

iv. The Agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (iii) of this section.

v. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Contractor shal l be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (ii) through (v) of this Section.

E. Appendix II to Part 200 (F) – Rights to Inventions Made Under a Contract or Agreement:

i. If the Federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the non -Federal entity wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the non-Federal entity must comply with the requirements of 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Unde r Government Grants, Contracts and Cooperative Agreements), and any implementing regulations issued by the Agency.

ii. The regulation at 37 C.F.R. § 401.2(a) currently defines “funding agreement” as any contract, grant, or cooperative agreement entered into between any Federal agency, other than the Tennessee Valley Authority, and any contractor for the performance of 146
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experimental, developmental, or research work funded in whole or in part by the Federal government. This term also includes any assignment, substitution of parties, or subcontract of any type entered into for the performance of experimental, developmental, or research work under a funding agreement as defined in the first sentence of this paragraph.

iii. This requirement does not apply to the Public Assistance, Hazard Mitigation Grant Program, Fire Management Assistance Grant Program, Crisis Counseling Assistance and Training Grant Program, Disaster Case Management Grant Program, and Federal Assistance to Individuals and Households – Other Needs Assistance Gran t Program, as FEMA awards under these programs do not meet the definition of “funding agreement.”

F. Appendix II to Part 200 (G) – Clean Air Act and Federal Water Pollution Control Act: If this contract is in excess of $150,000, Contractor shall comply with all applicable standards, orders, or requirements issued pursuant to the Clean Air Act (42 U.S.C. 7401 -7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387).

i. Pursuant to the Clean Air Act, (1) Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) Contractor agrees to report each violation to the Agency and understands and agrees that the Agency will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Contractor agrees to include these r equirements in each subcontract exceeding $150,000.

ii. Pursuant to the Federal Water Pollution Control Act, (1) Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Contractor agrees to report each violation to the Agency and understands and agrees that the Agency will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, a nd (3) Contractor agrees to include these requirements in each subcontract exceeding $150,000.

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G. Appendix II to Part 200 (H) – Debarment and Suspension: A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 C.F.R. par t 1986 Comp., p. 189) and 12689 (3 C.F.R. part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

i. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such Contractor is required to verify that none of the Contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).

ii. Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. iii. This certification is a material representation of fact relied upon by Agency. If it is later determined that Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Agency, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.

iv. Contractor warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs.

Contractor also agrees to verify that all subcontractors performing work under this contract are not debarred, disqualified, or otherwise prohibited from participation in accordance with the requirements above. Contractor further agrees to notify the Agency in writing immediately if Contractor or its subcontractors are not in compliance during the term of this contract.

H. Appendix II to Part 200 (I) – Byrd Anti-Lobbying Act: If this contract is in excess of $100,000, Contractor shall have submitted and filed the required certification pursuant to the Byrd Anti -Lobbying Amendment (31 U.S.C. § 1353). If at any time during the contract term funding exceeds $100,000.00, Contractor shall file with the Agency the Federal Standard Form LLL titled “Disclosure Form to Report Lobbying.” Contractors that apply or bid for an 148
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award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient.

I. Appendix II to Part 200 (J) – Procurement of Recovered Materials:

i. Contractor shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement.

ii. In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired:

Competitively within a timeframe providing for compliance with the contract performance schedule; Meeting contract performance requirements; or at a reasonable price.

iii. Information about this requirement, along with the list of EPA - designate items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program.

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5. MISCELLANEOUS PROVISIONS

A. The Contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA preapproval.

B. This is an acknowledgement that FEMA financial assistance will be used to fund the contract only. The Contractor will comply with all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives.

C. Contractor acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor’s actions pertaining to this contract.

D. The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the Agency, Contractor, any subcontractors or any other party pertaining to any matter resulting from the contract.

E. General and Administrative Expenses And Profit For Time And Materials Contracts/Amendments.

i. General and administrative expenses shall be negotiated and must conform to the Cost Principles.

ii. Profit shall be negotiated as a separate element of the cost. To establish a fair and reasonable profit, consideration must be given to the complexity of the work to be performed, the risk borne by the Contractor, the Contractor’s investment, the amount of
subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work.

iii. Any agreement, amendment or change order for work performed on a time and materials basis shall include a ceiling price that Contractor exceeds at its own risk.

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SECTION V

INSURANCE AND BONDS

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INS 1

INSURANCE REQUIREMENTS

General 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, $25,000,000 Umbrella or excess liability, 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) working 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 $2,000,000 per occurrence for all covered losses and no less than $4,000,000 general aggregate, except with respect to umbrella or excess liability which must be no less than the amount set forth above.

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.

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 Employer's Liability Insurance with minimum limits of coverage and upon terms and provisions required above.
152
INS 2

NOTICE TO INSURANCE BROKER
Your client has been awarded a bid by the City Council of the City of Goleta to perform a public works project known as ______________________________. The Contract Conditions for that project require your client ("the Contractor") to return certain evidence of insurance and bonds to the City Attorney of the City within fifteen (15) working days after the Bid award, or else the Bid award may be terminated and awarded to another company.

This package contains the information you will need as an insurance broker to provide the appropriate insurance and bonds to the City. The insurance coverages the Contractor needs are specified in the section entitled "Insurance Requirements." Please note that, in addition to the insurance certificate itself, copies of several endorsements must be actually furnished for review.

Please refer to Special Provisions for modifications of the Standard Construction Specifications and the requirements of this insurance packet.

Please use the standard City of Goleta Bond Forms provided in this package.

The Bonds required must each be in the penal amount of: $______________________.

Documents should be forwarded to or questions addressed to:

Office of the City Attorney
City of Goleta
130 Cremona Drive, Suite B
Goleta, CA 93117
(805) 961-7500
When forwarding the documents, please refer to the project name so that the documents can be matched with the Contract for which they are submitted.

Thank you.

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INS 3

INSURANCE REQUIREMENTS
In addition to Section 5-4 INSURANCE of the Greenbook Standard Specifications the:

A. Evidence of Maintenance Required. The Contractor shall, at all times, maintain in full force and effect at a minimum the insurance required by this section; and the Contractor shall not allow any subcontractor to commence work until similar insurance required of the subcontractor has been obtained and filed. An original Certificate of Insurance, and copies of all required endorsements, all in a form approved by the Director, evidencing all required coverage or policies shall be filed after the award of the bid and prior to approval of the Contract by the City Council. Contractor shall provide ten (10) working days prior written notice to the City of any reduction of coverage limits or cancellation of the coverage or policies shall be given to the City of Goleta as Certificate holder.

B. Qualifying Insurers. With the exception of the State Compensation Insurance Fund, all required insurance policies shall be issued by companies licensed to do business in the State of California and who hold a current policy holders alphabetic and financial size category rating of not less than AVII according to the most recent issue of Best' s Insurance Reports.

C. Insurance Required. Commercial General Liability, automobile liability, and workers' compensation insurance shall be maintained as follows:

1. Commercial General Liability
for Minor Construction
Projects
(Projects under $1,000,000)
$2,000,000 each occurrence
$4,000,000 aggregate
5,000,000.00 Umbrella or excess
liability
Personal Injury:
$2,000,000 each occurrence
$4,000,000 aggregate
5,000,000.00 Umbrella or excess
liability

Commercial General Liability
for
Major Construction Projects
(Projects over $1,000,000)
$5,000,000 each occurrence
$10,000,000 aggregate
25,000,000.00 Umbrella or excess
liability
Personal Injury:
$5,000,000 each occurrence
$10,000,000 aggregate
25,000,000.00 Umbrella or excess
liability

154
INS 4

The Commercial General Liability policy shall include coverage or endorsements for:
a. Completed operations.
b. Losses related to independent contractors, products and equipment. c. Explosion, collapse and underground hazards.

The Commercial General Liability insurance shall include the following, copies of which shall be provided:
a. Inclusion of the City of Goleta, and its officers, agents, employees, and volunteers, as additional insureds (except for workers‟ compensation) as respects services or operations under the Contract. The additional insured endorsement for the general liability policy shall be at least as broad as the Insurance Services Office (“ISO”) CG 20 38 04 13 or an equivalent, blanket endorsement or section of the policy.

Endorsements must include coverage for on-going and completed operations.

Endorsements shall cover the City of Goleta, its officers, agents, employees, and volunteers.
b. Cross liability and severability of interest clauses providing that the insurance applies separately to each insured except with respect to the limits of liability. c. Stipulation that the insurance is primary and noncontributory, as evidenced by a separate endorsement (CG 20 01 04 13 or an equivalent) or section of the policy, and that neither the City nor its insurers will be called upon to contribute to a loss. d. Such insurance shall specifically cover the contractual liability of the CONTRACTOR.
e. Any available insurance proceeds in excess of the specified minimum insurance coverage requirements and limits shall be available to the additional insureds.

Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or (2) the full coverage and maximum limits of any insurance proceeds available to the named insureds, whichever is greater.
f. Waiver of subrogation endorsement.
g. The CONTRACTOR shall furnish a certificate for the period covered.

SPECIAL NOTICE - CLAIMS MADE COVERAGE:

Liability insurance coverage may not be written on a "claims made" basis. The Certificate of Insurance must clearly provide that the coverage is on an "occurrence" basis.

1. Comprehensive Automobile Liability for bodily injury (including death) and property damage which provides total limits of not less than One Million Dollars ($1,000,000) combined single limits per accident, applicable to all owned, non-owned, and hired vehicles.

2. Statutory Workers' Compensation and Employer' s Liability Insurance, including a waiver of subrogation endorsement and a Broad Form "All-States" Endorsement for all employees engaged in services or operations under the Contract. The employer' s liability insurance shall provide limits of not less than One Million Dollars ($1,000,000) per occurrence. Both the workers' compensation and employer' s liability policies shall contain 155
INS 5

the Insurer' s waiver of subrogation in favor of the City, its officers, agents, employees, and volunteers.

7-1.12.2 BUILDER’S RISK/COURSE OF CONSTRUCTION INSURANCE:

The Contractor shall be responsible for all loss, damage or destruction whatsoever to the work called for by this Contract until the approval of a Notice of Completion.

The Contractor shall secure "All Risk" type of builder' s Risk Insurance of the type covering one hundred percent (100%) of the value of the work performed under this Contract (the value is presumed to be the Contract amount unless otherwise stated in Supplemental Conditions) and all materials, equipment, or other items to be incorporated therein while the same are located at the construction site, a bonded warehouse, or its place of manufacture. At any time, the policy shall cover the value of the work completed. The policy shall cover hazards including the losses due to fire, explosion, hail, rain, lightning, flood (separate insurance as needed), vandalism, malicious mischief, wind, collapse, aircraft, and smoke.

The policies providing such insurance shall name the City as a loss payee as its respective interests may appear, and certified copies of such policies shall be filed with the City.

The maximum deductible allowable under the Builder' s All Risk policy shall be five percent (5%) of the Contract amount.

Builder' s Risk Insurance is not required for coverage of losses in excess of five percent (5%) of the Contract amount for damages resulting from earthquake in excess of a magnitude of 3.5 on the Richter scale, or tidal waves. Coverage in the amount of five percent (5%) of the Contract amount for such losses is required.

7-1.12.3 OTHER INSURANCE PROVISIONS:

A. The requirements of the Greenbook Standard Specifications as to types and limits of insurance coverage to be maintained by the Contractor, and any approval of insurance by the City, are not intended to, and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to the Contract, including, but not limited to, the provisions concerning indemnification, nor preclude the City from taking any other action available to it under any other provision of the Contract or law.

B. The City acknowledges that some insurance requirements contained in these provisions may be fulfilled by self-insurance on the part of the Contractor. However, this shall not in any way limit liabilities assumed by Contractor under the Contract. Any self-insurance must be approved in writing by the City, in its sole discretion and shall not reduce the limits of liability. Any deductibles or self-insured retentions (“SIR”) must be declared on the certificate of insurance and approved by CITY in writing. Policies containing any SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or CITY. CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements. The failure to exercise this right shall not constitute a waiver of such right.

Furthermore, the Contractor shall require its subcontractors to agree to be bound to the Contractor and the City in the same manner and to the same extent as the Contractor is bound to the City under this Contract. Additionally, the Contractor shall obligate its 156
INS 6

subcontractors to comply with these same provisions with respect to any tertiary subcontractor, regardless of tier. A copy of the City’s indemnity and insurance provisions will be furnished to the subcontractor or tertiary subcontractor upon request.

Alternatively, the Contractor may insure subcontractor(s) under its own policy.

D. The City, its officers, agents, employees, and volunteers are to be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under California Insurance Code Section 11580.04.

E. The limits of insurance required in this Contract may be satisfied by a combination of primary and excess insurance. Any excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City (if agreed to in a written contract) before the City’s own insurance shall be called upon to protect it as a named insured.

F. THE CITY RESERVES THE RIGHT TO WITHHOLD ANY PROGRESS PAYMENTS

TO THE ONTRACTOR IN THE EVENT OF NONCOMPLIANCE WITH ANY INSURANCE REQUIREMENTS.

Additional Insurance Requirements:

Contractor’s pollution liability insurance. Coverage shall provide for liability arising out of sudden, accidental, and gradual pollution, and remediation. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. All activities contemplated in this agreement shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for remediation of the site in the event of an environmental contamination event arising out of the materials, supplies, products, work, operations, or workmanship.

Transportation pollution liability insurance. Coverage shall be in an amount not less than $5,000,000 combined single limit per accident and shall include Pollution Liability (CA9948) and MCS-90 Endorsements. The policy shall provide coverage for transportation of pollutants/contaminants to and from the job site and the hauling of waste from the project site to the final disposal location, including non-owned disposal sites. 157
1 FAITHFUL PERFORMANCE BOND

KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the City of Goleta, has awarded to
____________________________, (hereinafter referred to as the “Contractor”) an agreement for the Ellwood Mesa Monarch Butterfly Habitat Management Plan (MBHMP) – Phase I Implementation – Irrigation Main (hereinafter referred to as the “Project”). For the purposes of this Faithful Performance Bond, the City of Goleta and Caltrans shall hereinafter be referred to as “City.”
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, THEREFORE, 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 completion 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 Contractor 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.
158
2 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:

Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
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.

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.

Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.

[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]

159

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-Fact 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)

160

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. 161

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

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.

162

END OF PERFORMANCE BOND
163

LABOR AND MATERIAL PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Goleta 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 Ellwood Mesa Monarch Butterfly Habitat Management Plan (MBHMP) – Phase I Implementation – Irrigation Main (the “Project”). the purposes of this Faithful Performance Bond, the City of Goleta and Caltrans shall hereinafter be referred to as “City.”; 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 164

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 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-Fact Certificate) Title

165

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.

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

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. 166

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.

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

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.
167

END OF LABOR AND MATERIAL PAYMENT BOND
168

SECTION VI

CITY OF GOLETA CONSTRUCTION SPECIFICATIONS
169
GCS-1

SECTION VI

CITY OF GOLETA CONSTRUCTION SPECIFICATIONS

TABLE OF CONTENTS

Adoption of State Specifications
Section 1. Definitions and Terms GCS-2
Section 2. Proposal Requirements and Conditions GCS-3
Section 3. Contract Award and Execution GCS-6
Section 4. Scope of Work GCS-7
Section 5. Control of Work GCS-7
Section 6. Control of Material GCS-9
Section 7. Legal Relations and Responsibility GCS-9
Section 8. Prosecution and Progress GCS-21
Section 9. Measurement and Payment GCS-22

170
GCS-2

SECTION 1. DEFINITION AND TERMS
1-1.03 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. 1-1.13 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.
1-1.15 DIRECTOR. Shall mean the Public Works Director or his or her duly authorized representative.
1-1.17 [Reserved]
1-1.18 ENGINEER. Shall mean the Public Works Director or his or her duly authorized representative.
1-1.19 ENGINEER'S ESTIMATE . The estimate prepared by the Public Works Director of quantities of work to be performed.
1-1.26 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. 1-1.29 PLANS. The official project Plans, Greenbook 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) Greenbook Standard Plans – The 2018 Standard Plans for Public Works Construction.
(b) Project Plans – The project Plans are specific details and dimension peculiar to the work and supplemented by the Greenbook Standard Plans, insofar as the same may apply.
(c) Improvement Standards – The Improvement Standards and Construction Standards of the City of Goleta Department of Public Works. 1-1.30 SPECIFICATIONS. Greenbook Standard Specifications, and special provisions
In the above definition, the following terms are defined as follows:
(a) Greenbook Standard Specifications – Specifications standard to Greenbook projects. These specifications are in a book titled Standard Specifications for Public Works Construction 2018 Edition.
(b) Special Provisions – Specifications specific to the project. 1-1.39 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.
1-1.50 CITY ATTORNEY.

The City Attorney of the City of Goleta.
1-1.51 ATTORNEY GENERAL.

The City Attorney of the City of Goleta.
1-1.52 CITY CLERK.

Shall mean the City Clerk of the City of Goleta.
171
GCS-3

SECTION 2. PROPOSAL REQUIREMENTS AND CONDITIONS

2-1.01 CITY REQUIRED ALLOWANCES
The Contractor’s bid shall include the following City required Allowances set forth in the Bid.

1. Hand Digging
a. This item includes hand digging trenches for the irrigation main in areas where roots of a specific size are deemed by the Engineer to be critical to the health of an existing tree proposed to remain and therefore shall be protected during excavation.
b. As outlined in Section 801-5.3.5 Trenching Adjacent to Existing Trees of these special provisions

ADMINISTRATION OF ALL ALLOWANCE COSTS DUTIES OF CONTRACTOR A. Plan allowance work collaboratively with the Engineer to control allowance costs and avoid impacts to the Progress Schedule.

B. Advise Engineer at least fifteen (15) days in advance of the need to purchase materials to avoid impacts to Progress Schedule.

C. Obtain competitive proposals from material suppliers, including:
a. Quantity.
b. Complete description of product and services provided under allowance. c. Unit cost.
d. Total amount of purchase.
e. Taxes and delivery charges.

D. On notification of selection, enter into purchase agreement with designated supplier.

E. Arrange for delivery and unloading.

F. Install products in accordance with Contract Documents.

G. Maintain accurate cost records, separate from the cost categories for the balance of the Work, which depict the total cost incurred for each Allowance Item.

H. Monitor each allowance item's total costs to date and immediately report to the Engineer should the total cost to date reach 80% of the total allowance amount of any allowance item amount shown in the bid. Should the total cost of any allowance item reach 80% of the total allowance amount budgeted, the Contractor shall quantify and forecast the cost to complete the remaining known allowance item tasks and submit this forecasted quantity and completion cost to the Engineer.

DUTIES OF ENGINEER
A. Consult with Contractor and City in consideration of equipment or material and suppliers.

B. Provide Contractor with all required product, technical or design related information as it pertains to the Allowance items.

C. Make equipment, supplier or system selection and request proposal from Contractor for these items covered by each Allowance.

D. Notify Contractor of final equipment, supplier or system selection to allow Contractor to begin submittal and procurement.

E. Review cost to date information submitted by the Contractor and prepare Change Orders as required for City approval.

172
GCS-4

ADJUSTMENT OF COSTS
A. The Contractor shall not exceed the allowance amounts shown in the bid item without the written approval of the City. Should the Contractor exceed the allowance amounts without the written approval of the City, the Contractor will be responsible for all costs greater than the allowance amounts shown in the bid.

B. Contractor will be paid the actual total cost of each Allowance Item as a Cost of the Work. The cost will be calculated using section 9-1.04 FORCE ACCOUNT of the State Standard Specifications. When actual total cost is more or less than amount of allowance, the Contract Documents shall be adjusted by Change Order.

2-1.03 EXAMINATION OF PLANS, SPECIFICATIONS, CONTRACT, AND SITE OF WORK
The bidder shall examine carefully the site of the work contemplated, the plans and specifications, and the proposal and contract forms therefor. The submission of a bid shall be conclusive evidence that the bidder has investigated and is satisfied as to the general and local conditions to be encountered, as to the character, quality and scope of work to be performed, the quantities of materials to be furnished and as to the requirements of the proposal, plans, specifications and the contract.

The submission of a bid shall also be conclusive evidence that the bidder is satisfied as to the character, quality and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information was reasonably ascertainable from an inspection of the site and the records of exploratory work done by the Department as shown in the bid documents, as well as from the plans and specifications made a part of the contract.

Where the Department has made investigations of site conditions including subsurface conditions in areas where work is to be performed under the contract, or in other areas, some of which may constitute possible local material sources, bidders or contractors may, upon written request, inspect the records of the Department as to those investigations subject to and upon the conditions hereinafter set forth.

Where there has been prior construction by the Department or other public agencies within the project limits, records of the prior construction that are currently in the possession of the Department and which have been used by, or are known to, the designers and administrators of the project will be made available for inspection by bidders or contractors, upon written request, subject to the conditions hereinafter set forth.

The records may include, but are not limited to, record drawings, design calculations, foundation and site studies, project reports and other data assembled in connection with the investigation, design, construction and maintenance of the prior projects.

When a log of test borings or other record of geotechnical data obtained by the Department's investigation of surface and subsurface conditions is included with the contract plans, it is furnished for the bidders' or Contractor's information and its use shall be subject to the conditions and limitations set forth in this Section 2-1.03 EXAMINATION OF PLANS, SPECIFICATIONS, CONTRACT, AND SITE OF WORK.

When cross sections are not included with the plans, but are available, bidders or contractors may inspect the cross sections and obtain copies for their use, at their expense.
173
GCS-5

When cross sections are included with the contract plans, it is expressly understood and agreed that the cross sections do not constitute part of the contract, do not necessarily represent actual site conditions or show location, character, dimensions and details of work to be performed, and are included in the plans only for the convenience of bidders and their use is subject to the conditions and limitations set forth in this Section 2-1.03.

When contour maps were used in the design of the project, the bidders may inspect those maps, and if available, they may obtain copies for their use.

The availability or use of information described in this Section 2-1.03 is not to be construed in any way as a waiver of the provisions of the first paragraph in this Section 2-1.03 and bidders and contractors are cautioned to make independent investigations and examinations as they deem necessary to be satisfied as to conditions to be encountered in the performance of the work and, with respect to possible local material sources, the quality and quantity of material available from the property and the type and extent of processing that may be required in order to produce material conforming to the requirements of the specifications.

The Department assumes no responsibility for conclusions or interpretations made by a bidder or contractor based on the information or data made available by the Department. The Department does not assume responsibility for the representation made by its officers or agents before the execution of the contract concerning surface or subsurface conditions, unless that representation is expressly stated in the contract.

No conclusions or interpretations made by a bidder or contractor from the information and data made available by the Department will relieve a bidder or contractor from properly fulfilling the terms of the contract.

2-1.05 PROPOSAL FORMS.

The Department will furnish to each Bidder a standard proposal form, which, when filled out and executed shall be submitted as his bid. Bids are not presented on forms so furnished will be disregarded.

The proposal form is included in these Contract Documents. The proposal shall set forth for each item of work, in clearly legible figures and words, an item price and a total for the item in the respective spaces provided, and shall be signed by the Bidder, who shall fill out all blanks in the proposal form as required therein.

All items shown on schedule of bid items shall be properly filled in and shall include all costs of labor, materials, equipment, State, Federal, or other taxes applicable to the transaction. The completed forms shall be without inter-lineations, erasures or alterations of any nature. If the proposal is made by an individual, his or her name and post office address must be shown; if made by a firm or partnership, the name and post office address of each member of the firm or partnership must be shown; or if made by a corporation, the proposal shall show the name of the State under the laws of which the corporation was chartered and the names, titles, and business addresses of the 174
GCS-6
president, secretary, and treasurer of said corporation. If the proposal is signed by an agent, a "Power of Attorney" must be filed with the proposal.

The proposal shall be submitted as directed in the "Notice to Contractors" and identifying the project to which the proposal relates and the time and date of the bid opening therefore. Proposals which are not properly marked may be disregarded.

Proposal forms are not transferable.

2-1.06D PROPOSAL GUARANTY.

All bids shall be presented under sealed cover and accompanied by one (1) of the following forms of Bidder' s security.

1. Cash, a cashier' s check, a certified check, or a Bidder' s bond executed by an admitted surety insurer, made payable to the City.

2. The security shall be in an amount equal to at least ten percent (10%) of the amount bid. A bid will not be considered unless one (1) of the forms of Bidder's security is enclosed with it.

3. A Bidder' s bond will not be accepted unless it conforms to a bond form approved by the City Attorney. Upon request "Bidder's Bond" forms may be obtained from the Department.

2-1.06G PREVIOUS DISQUALIFICATION, REMOVAL OR OTHER PREVENTION OF BIDDING.

A bid may be rejected on the basis of a Bidder, any officer of such Bidder, or any employee of such Bidder who has a proprietary interest in such Bidder, having been disqualified, removed, or otherwise prevented from bidding on, or completing a Federal, State, or local project because of a violation of law or a safety regulation.

2-1.11 COMPETENCY OF BIDDERS.

If two (2) or more prospective Bidders desire to bid jointly as a joint venture on a single project, they must file an affidavit of joint venture with the Bid on a form approved by the City Attorney, and such affidavit of joint venture will be valid only for the specific project for which it is filed. If such affidavit of joint venture is not filed as aforesaid and approved by the City Attorney prior to the time for awarding bids on the specific project for which it is submitted, a joint bid submitted by said Bidders will be disregarded. No bid will be accepted from or a Contract awarded to any Bidder to whom a proposal form has not been issued pursuant to Section 2-1.05 PROPOSAL FORMS of these Specifications.

2-1.12 GUARANTY AND WARRANTY.

The Contractor shall guarantee and warrant all materials supplied as being fit for the purpose intended. The Contractor shall guarantee and warrant all work performed as having been accomplished in a proper and workman-like manner. The guarantee and warranty required by this section shall continue for a period of one (1) year after Acceptance of the Work.

Should any failure of the work occur within a period of one (1) year, after Acceptance of the project by the City Council due to faulty materials, poor workmanship, or defective equipment, the Contractor shall promptly make the needed repairs at his or her expense.
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The City is hereby authorized to make such repairs if the Contractor fails to make or undertake with due diligence the aforesaid repairs within ten (10) working days after being given written notice of such failure; provided, however, that in case of emergency where in the opinion of the Engineer of Work, providing a reasonable attempt has been made to notify the Contractor, delay would cause serious loss or damages, or a serious hazard to the public, the repairs may be made or lights, signs, and barricades erected without prior notice to the Contractor, and the Contractor shall pay the entire cost thereof.

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.

2-1.40 WITHDRAWAL OF PROPOSALS.

Any bid may be withdrawn at any time prior to the time fixed in the public notice for the deadline submission of bids only by written request for the withdrawal of the bid filed with the Director. The request shall be executed by the bidder or his or her duly authorized representative. The withdrawal of a bid does not prejudice the right of the bidder to file a new bid. Whether or not bids are opened exactly at the time fixed in the public notice for opening bids, a bid will not be received after the deadline for submission of bids nor may any bid be withdrawn after the time fixed in the public notice for deadline for submission of bids. Immediately following the deadline for submission of bids all bids shall become the property of the City of Goleta and City is under no obligation to return.

2-1.47 BID RELIEF.

If the Bidder claims a mistake was made in his or her bid, the Bidder shall give the Department written notice within five (5) calendar days after the opening of the bids of the alleged mistake, specifying in the notice in detail how the mistake occurred. No relief from a claimed mistaken bid shall be granted unless such mistake clearly appears on the face of the bid submitted to the City. Claimed mistakes on backup worksheets, spreadsheets, computerized bidding programs, or any other similar calculative bidding mistake which is not apparent on the face of the bid shall not under any circumstance be considered as a basis for relief. The burden of proving the occurrence of a mistake entitling a bidder to relief from its bid rests entirely on the bidder. Relief from bids shall be in the City’s sole discretion.

SECTION 3. CONTRACT AWARD AND EXECUTION

3-1.04 CONTRACT AWARD.

The right is reserved to reject any and all proposals. The award of the Contract, if it be awarded, will be to the lowest responsible Bidder whose proposal complies with all the requirements prescribed.

The project has been set up using a Base Bid/Allowance format. The City of Goleta shall determine the lowest responsible, responsive bidder based on the lowest total of the Base Bid plus the Allowances. The City of Goleta, if it chooses to award, shall award the contract to the lowest responsible, responsive bidder based on the lowest total of the Base Bid plus the allowances. Depending on budget constraints, the actual project may, at the City’s discretion, include items from only the Base Bid. The Contractor must submit 176
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pricing for all Base Bid items and add the City’s Allowances and shown in the Bid Items.

No response or a response of zero on any bid items will be deemed a non-responsive bid.

Allowances are for bidding purposes only. The allowances may be extended, reduced, or deleted at the discretion of the Engineer, with no change in the unit bid price.

Such award, if made, will be made within ninety (90) working days after the public opening of the proposals. If the lowest responsible Bidder refuses or fails to execute the Contract, the Goleta City Council may award the Contract to the second lowest responsible Bidder. Such award, if made, will be made within one-hundred and twenty (120) working days after the public opening of proposals. If the second lowest responsible Bidder refuses or fails to execute the Contract, the City may award the Contract to the third lowest responsible Bidder. Such award, if made, will be made within one hundred and twenty (120) working days after public opening of the proposals. The periods of time specified above within which the award of Contract may be made shall be subject to extension for such further period as may be agreed upon in writing between the Goleta City Council and the Bidder concerned.

All bids will be compared on the basis of the Director' s estimate of the quantities of work to be done.

3-1.05 CONTRACT BONDS.

The successful Bidder, simultaneously with the execution of the Contract, will be required to furnish a payment bond in an amount equal to one hundred percent (100%) of the Contract price, and a faithful performance bond in an amount equal to one hundred percent (100%) of the Contract price; said bonds shall be in a form approved by the City Attorney and shall be secured by a surety company satisfactory to the City Attorney. If the Contract price increases by the issuance of Change Orders, the Contractor shall within ten (10) working days provide a commensurate increase in the penal amounts of the bonds required.

Furthermore, the successful bidder shall furnish a certificate from the County Clerk as required by California Civil Code of Procedure Section 995.660(a)(3).

3-1.18 CONTRACT EXECUTION.

The Contract, in form and contents satisfactory to the City, shall be executed by the successful Bidder and returned, together with the Contract bonds and certificates of insurance within ten (10) calendar days, after written notice that the Contract has been awarded. No proposal shall be considered binding upon the City until the execution of the Contract by the City.

3-1.20 FAILURE TO EXECUTE CONTRACT.

Failure of the lowest responsible Bidder, the second lowest responsible Bidder, or the third lowest responsible Bidder to execute the Contract and file acceptable bonds and insurance as provided herein within fifteen (15) working days after such Bidder has received notice that the Contract has been awarded to him or her shall be just cause for the annulment of the award and the forfeiture of the proposal guarantee to the City as Liquidated Damages. The successful Bidder may file with the Goleta City Council a written notice, signed by the Bidder or his or her authorized representative, specifying that the Bidder will refuse to execute the Contract if presented to him or her. The filing of such notice shall have the same force and effect as the failure of the Bidder to execute the Contract and furnish acceptable bonds and insurance within the time prescribed by Section 3-1.18 CONTRACT EXECUTION of these Specifications. 177
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SECTION 4. SCOPE OF WORK
Not used.

SECTION 5. CONTROL OF WORK

5-1 MEANS, METHODS AND APPLIANCES.

The means, methods, and appliances adopted by the Contractor shall be planned and executed to produce the highest grade quality of work and will enable the Contractor to complete the Work in the time agreed upon. The City and Engineer shall not supervise, direct, or have control over, or be responsible for, Contractor’s means, methods, and appliances of construction or for the safety precautions and programs incident thereto, or for any failure of Contractor to comply with laws and regulations applicable to the furnishing or performance of Work.

5-1.04 COORDINATION OF PLANS AND SPECIFICATIONS.

These City of Goleta Construction Specifications, the Greenbook Standard Specifications, the Standard Plans, the Standard Drawings, project Plans, project Special Provisions (and any addenda), the Agreement, Contract Change Orders, and all supplementary documents are all essential parts of the Contract between Contractor and the City. A requirement occurring in one (1) is as binding as though occurring in all. They are intended to be complementary, and to describe and provide for a complete work.

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.

5-2 CONTRACTOR’S RESPONSIBILITY FOR WORK.

Unless specified otherwise in the Contract Documents, until the formal acceptance of the Work by the City, the Contractor shall have the charge and care and shall bear the risk of damage to any part thereof by the action of the elements or from any other cause, whether arising from the execution or non-execution of the Work.

The Contractor shall rebuild, repair, restore, and make good all damages to any portion of the Work occasioned by any of the above causes before final acceptance and shall bear the expense, except such damages occasioned by the acts of the Federal government or acts of war.

In case of suspension of work from any cause whatsoever, the Contractor shall be responsible for the Work as previously specified and shall also be responsible for all materials delivered to the Work. Where necessary to protect the Work from damage, the Contractor shall, at its own expense, provide suitable drainage of the worksite and erect 178
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such temporary structures as necessary to protect the Work from damage during any period of suspension of work.

The Contractor shall provide 24-hour emergency service for all maintenance and operations of the Work specified and shall supply the City with the name and phone number of the responsible person. Contractor will respond to requests for emergency service for the Work promptly upon notification. If the Contractor fails to provide this service after notice from City, City may perform such emergency service and the cost thereof shall be deducted from the next Progress Pay Estimate due the Contractor.

SECTION 6. CONTROL OF MATERIAL

6-2.04 MATERIAL SITES.

Local material sites used by the Contractor shall be graded so that, at the time of final inspection of the Contract, they will drain and will blend in with the surrounding terrain.

SECTION 7. LEGAL RELATIONS AND RESPONSIBILITY

7-1.01 PREVAILING WAGE.

Pursuant to the provisions of California Labor Code Section 1773, the City has identified the source, stated below, of the general prevailing rate of wages applicable to the work to be done, for straight time, overtime, Saturday, Sunday and holiday work. The holiday wage rate listed shall be applicable to all holidays recognized in the collective bargaining agreement of the particular craft, classification or type of workmen concerned.

The wage rates may be obtained from the State Department of Industrial Relations and/or the following website address:
https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm, and are a part of the Contract.
"Pursuant to California Labor Code Section 1773.2, general prevailing wage rates shall be posted by the Contractor at a prominent place at the site of the work.

7-1.02 SOUND CONTROL REQUIREMENTS.

The Contractor shall additionally conform to the provisions of Goleta Municipal Code

12.02.480 Noise, Dust and Debris where they are more restrictive than these specifications.

7-1.03 ASBESTOS.

The Contractor shall comply with all rules, regulations, statutes and ordinances regarding asbestos removal and disposal, including but not limited to, 42 U.S.C. Sections 7401, 7412 and 7601 and 40 C.F.R. Part 61, Subpart M. If the Contractor discovers that a building to be demolished or renovated contains asbestos containing material, the Contractor shall immediately cease work and notify the City.

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7-1.04 HIGHWAY CONSTRUCTION EQUIPMENT.

Pursuant to the authority contained in Vehicle Code Section 591, the Department has determined that, within such areas as are within the limits of the project and are open to the public traffic, the Contractor shall comply with all the requirements set forth in Vehicle Code Divisions 11, 12, 13, 14, and 15. Attention is directed to the statement in Section 591 that this section shall not relieve the Contractor or any person from the duty of exercising due care. The Contractor shall take all necessary precautions for safe operation of equipment and the protection of the public from injury and damage from such equipment.
7-1.05 CITY OF GOLETA ENCROACHMENT PERMITS.

The Contractor need not obtain a separate encroachment permit from the City prior to construction within street rights-of-way or other City rights-of-way. Execution of the Contract by the City shall be deemed an encroachment permit for work required by the Contract within rights-of-way. All work shall conform to the rules and regulations of encroachment permits and shall be subject to the inspection and approval of the Director. 7-1.06 CITY OF GOLETA BUSINESS LICENSE.

The Contractor shall obtain a business license from the City prior to commencing work.
7-1.07 PERMIT FOR TRENCHING OR EXCAVATION.

For trenches or excavation five (5) feet or deeper, the Contractor shall obtain from the Division of Industrial Safety, a permit authorizing such construction. 7-1.08 OTHER PERMITS.

The Contractor in coordination with the Director shall procure any necessary permits which the City is not specifically mentioned as obtaining.

7-1.09 PROJECT APPEARANCE.

The Contractor shall maintain a neat appearance to the work. In any area visible to the public, the following shall apply:

When practicable, broken concrete and debris developed during clearing and grubbing shall be disposed of concurrently with its removal. If stockpiling is necessary, the material shall be removed or disposed of weekly. The Contractor shall furnish trash bins for all debris from structure construction. All debris shall be placed in trash bins daily.

Forms or falsework that are to be reused shall be stacked neatly concurrently with their removal. Forms and falsework that are not to be reused shall be disposed of concurrently with their removal.

Full compensation for conforming to the provisions in this section, not otherwise provided for, shall be considered as included in price paid for the various Contract items of work involved, and no additional compensation will be allowed therefore.

7-1.10 SAFETY.

It is the intent of the parties that the City is not an exposing, creating, controlling, or correcting employer under California Labor Code section 6400. In accordance with generally accepted construction practices and State law, the Contractor shall have the authority and be solely and completely responsible for conditions on the job site, including 180
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safety of all persons and property during performance of the Work. Moreover, the Contractor shall be the controlling employer and has the authority and responsibility to enforce worksite safety. The Contractor shall be responsible for conducting daily safety inspections and assuring all hazards and violations are abated. The Contractor is responsible for assuring that all subcontractors adhere to the minimum CAL/OSHA safety requirements and that each subcontractor has an effective CAL/OSHA IIP (Illness and Injury Protection Program) in place that specifically addresses all potential exposures, such as, but not limited to, fall protection, confined space, and trenching/shoring. These requirements shall apply continuously and not be limited to normal working hours. The Contractor shall be responsible for any delay costs or damages in the event the progress of Work is slowed or stopped due to a safety violation.

The services of the Director in conducting construction review of the Contractor's performance is not intended to include review of the adequacy of the Contractor' s Work methods, equipment, bracing or scaffolding, or safety measures, in, on, or near the construction site. If a City employee observes a safety violation, the City employee will report the violation to the Contractor who is then responsible for assuring the violation is abated.

The Contractor is hereby informed that Work on this project could be hazardous.

The Contractor shall carefully instruct all personnel working in potentially hazardous Work areas as to potential dangers and shall provide such necessary safety equipment and instructions as are necessary to prevent injury to personnel and damage to property.

Special care shall be exercised relative to Work underground.

All Work and materials shall be in strict accordance with all applicable State, City, County, and Federal Rules, Regulations, and Codes, and attention is drawn to the requirements of CAL/OSHA. The Contractor shall be solely responsible for compliance with all City, County and State blasting requirements and for any damages caused by his or her operations.

The Contractor shall conduct its work so as to ensure the least possible obstruction to traffic and inconvenience to the general public and the residents in the vicinity of the Work and to ensure the protection of persons and property. No road or street shall be closed to the public except with the permission of the Director and the written approval by the proper governmental authority. Fire hydrants on or adjacent to the Work shall be accessible to firefighting equipment. Temporary provisions shall be made by the Contractor to ensure the use of sidewalks, private and public driveways and proper functioning of gutters, sewer inlets, drainage ditches and culverts, irrigation ditches and natural water courses.

In accordance with State Labor Code Section 6705, the Contractor shall submit to the City specific plans to show details of provisions for worker protection from caving ground. This in no way relieves the Contractor from the requirement of maintaining safety in all operations performed by the Contractor or the Contractor's subcontractors. The detailed Plan showing design of shoring, bracing, sloping or other provisions shall be prepared and stamped by a registered civil or structural engineer in the State of California as required. Acceptance by the City or its designated agent only constitutes acknowledgment of the submission and does not constitute review or approval of the 181
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designs, design assumptions or criteria, completeness of submissions, applicability to areas of intended use, nor implementation of the Plans, which are solely the responsibility of the Contractor and his or her registered engineer.

Notwithstanding any classifications relative to the Tunnel Safety Orders, Work within confined spaces on this project is subject to the definitions and applicable provisions of California Code of Regulations Section 8400 et seq., Title 8.

The Contractor shall so perform its Work as not to expose personnel to, or to discharge into the atmosphere from any source whatever, smoke, dust, asbestos, toxic chemicals or other air contaminants in violation of the laws, rules, and regulations of the governmental entities having jurisdiction. Contractors or subcontractors removing one hundred (100') or more square feet of asbestos must be "Certified" in accordance with State law. All Work involving exposure to asbestos and all other hazardous materials shall be performed with protection of personnel in compliance with all applicable regulations and safety requirements.

Nothing in these General Conditions is to be construed to permit Work not conforming to governing codes. When Contract Documents differ from governing codes, the Contractor shall furnish and install the higher standards called for without extra charge. All equipment furnished shall be grounded and provided with guards and protection as required by safety codes. Where vapor tight or explosion proof electrical installation is required by code, this shall be provided. In accordance with the provisions of Labor Code Section 6707, the Contractor shall provide adequate sheeting, shoring and bracing

7-1.10A CONFINED SPACES.

Confined spaces requires compliance with CAL/OSHA and Federal OSHA requirements. Confined spaces for the purposes of this Section shall be as defined by the Division of Industrial Safety. Work within confined spaces of this project is subject to the definitions and applicable provisions of Section 5156 et seq., Title 8, Division 1, Chapter 4, Subchapter 7, Group 16, Article 108 of California Code of Regulations, and Title 29 Part 1926 of the Code of Federal Regulations.

In addition the City classifies the following existing facilities as confined space:
the interior of pipelines, vaults, manholes, reservoirs and any other such structure or space which is similarly surrounded by confining surfaces as to permit the accumulation of dangerous gases or vapors. The confined spaces are “permit” confined spaces as defined by OSHA and CAL/OSHA and therefore entry is allowed only through compliance with a confined space entry permit program by the Contractor that meets the requirements of 8 C.C.R. Section 5157. While the above mentioned locations have been identified as permit confined spaces, other permit confined spaces may exist. It shall be the responsibility of the Contractor to identify and classify these confined spaces.

It is anticipated that the Contractor may encounter hazardous conditions within these permit confined spaces which include, but are not limited to the following:

a. Exposure to hydrogen sulfide, methane, carbon dioxide and other gases and vapors commonly found in municipal sewers which could have or has 182
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the potential of having Immediate Danger to Life or Health Conditions (IDLH).

b. Exposure to atmosphere containing insufficient oxygen to support human life.

c. Exposure to combustible, flammable and/or explosive atmosphere.

d. Exposure to sewage which may contain bacteriological, chemical and other constituents harmful to humans.

e. Work in conditions where engulfment or entrapment may occur.

f. Work in environments which may be slippery and/or have uneven work surfaces.

g. Work in structures where workers may trip, slip and/or fall several feet.

h. Exposure to an oxygen enriched environment.

7-1.11 RESPONSIBILITY FOR DAMAGE.

The City of Goleta and its officers, agents, employees, and volunteers, including but not limited to the Director, shall not be answerable or accountable in any manner: for any loss or damage that may happen to the work or any part thereof; for any loss or damage to any of the materials or any things used or employed in performing the work; for injury to or death of any person, either workers or the public; or for damage to property from any cause which might have been prevented by the Contractor, his or her workers, or anyone employed by the Contractor or his or her subcontractors.

The Contractor shall be responsible for any liability imposed by law and for injuries to, or death of, any person including, but not limited to, workers and the public, or damage to property resulting from defects or obstructions, or from any cause whatsoever during the progress of the work or at any time before its completion and final Acceptance.

To the fullest extent allowed by law, the Contractor shall defend (through counsel acceptable to the City), indemnify, and save harmless the City of Goleta and its officers, agents, employees, and volunteers from all claims, suits, or actions of every name, kind, and description, brought forth, or on account of, injuries to or death of any person including, but not limited to, workers and the public, or damage to property resulting from the performance of the Contract, except as otherwise provided by statute.

The duty of the Contractor to defend, indemnify, and save harmless includes, but is not limited to, the duties to defend as set forth in Civil Code Section 2778.

The Contractor waives any and all rights to any type of express or implied indemnity against the City, its officers, agents, employees, or volunteers.

It is the intent of the parties that the Contractor will defend, indemnify, and hold harmless the City of Goleta, its officers, agents, employees, and volunteers from any and all claims, suits, or actions as set forth above regardless of existence or degree of fault 183
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or negligence, whether active or passive, primary, or secondary, on the part of the City, the Contractor, the subcontractor or employee of any of these; except duty does not apply where the injury or damage is due to the sole or active negligence of the City.

The Contractor’s responsibility for such defense and indemnity obligations shall survive the termination or completion of this Contract for the full period of time allowed by law. The defense and indemnity obligations of this Contract are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Contract.

The parties intend that the defense and indemnity obligations in this Contract shall be broadly construed.

In addition to any remedy authorized by law, so much of the money due the Contractor under and by virtue of the Contract as shall be considered necessary by the City may be retained by the City until disposition has been made of such suits or claims for damages.

The retention of money due the Contractor shall be subject to the following:

A. The City will give the Contractor thirty (30) working days’ notice of its intention to retain funds from any partial payment which may become due to the Contractor prior to Acceptance of the Contract. Retention of funds from any payment made after Acceptance of the Contract may be made without such prior notice to the Contractor.

B. No retention of additional amounts out of partial payments will be made if the amount to be retained does not exceed the amount being withheld from partial payments pursuant to Section 9-1.06 PARTIAL PAYMENTS of these Specifications.

C. If the City had retained funds and it is subsequently determined that the City is not entitled to be indemnified and saved harmless by the Contractor in connection with the matter for which such retention was made, the City shall be liable for interest on the amount retained at the legal rate of interest for the period of such retention.

7-1.12 INSURANCE COVERAGE.

Contractor shall provide ten (10) working days prior written notice to the City of any reduction of coverage limits or cancellation of the coverage or policies shall be given to the City of Goleta as Certificate holder.

B. Qualifying Insurers. With the exception of the State Compensation Insurance Fund, all required insurance policies shall be issued by companies licensed to do 184
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business in the State of California and who hold a current policy holders alphabetic and financial size category rating of not less than AVII according to the most recent issue of Best' s Insurance Reports.

C. Insurance Required. Commercial General Liability, automobile liability, and workers' compensation insurance shall be maintained as follows in the insurance requirements as follows:

1. Commercial General
Liability for Minor
Construction Projects
(Projects under
$1,000,000)
$2,000,000 each occurrence
$4,000,000 aggregate
$5,000,000.00 Umbrella or excess liability
Personal Injury: $2,000,000 each occurrence
$4,000,000 aggregate
$5,000,000.00 Umbrella or excess liability

Commercial General
Liability for Major
Construction Projects

(Projects over
$1,000,000)
$5,000,000 each occurrence
$10,000,000 aggregate
$25,000,000.00 Umbrella or excess liability
Personal Injury:
$5,000,000 each occurrence
$10,000,000 aggregate
$25,000,000.00 Umbrella or excess liability

The Commercial General Liability policy shall include coverage or endorsements for:

a. Completed operations.

b. Losses related to independent contractors, products and equipment.

c. Explosion, collapse and underground hazards.

The Commercial General Liability insurance shall include the following, copies of which shall be provided:

a. Inclusion of the City of Goleta, and its officers, agents, employees, and volunteers, as additional insureds (except for workers‟ compensation) as respects services or operations under the Contract. The additional insured endorsement for the general liability policy shall be at least as broad as the Insurance Services Office (“ISO” ) CG 20 38 04 13 or an equivalent, blanket endorsement or section of the policy. Endorsements must include coverage for on-going and completed operations. Endorsements shall cover the City of Goleta, its officers, agents, employees, and volunteers.

b. Cross liability and severability of interest clauses providing that the insurance applies separately to each insured except with respect to the limits of liability.

c. Stipulation that the insurance is primary and noncontributory, as evidenced by a separate endorsement (CG 20 01 04 13 or an equivalent) or section of the policy, and that neither the City nor its insurers will be called upon to contribute to a loss. 185
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d. Such insurance shall specifically cover the contractual liability of the CONTRACTOR.

e. Any available insurance proceeds in excess of the specified minimum insurance coverage requirements and limits shall be available to the additional insureds.

g. The CONTRACTOR shall furnish a certificate for the period covered.

SPECIAL NOTICE - CLAIMS MADE COVERAGE:

Liability insurance coverage may not be written on a "claims made" basis. The Certificate of Insurance must clearly provide that the coverage is on an "occurrence" basis.

Comprehensive Automobile Liability for bodily injury (including death) and property damage which provides total limits of not less than One Million Dollars ($1,000,000) combined single limits per accident, applicable to all owned, non- owned, and hired vehicles.

Statutory Workers' Compensation and Employer' s Liability Insurance, including a waiver of subrogation endorsement and a Broad Form "All-States" Endorsement for all employees engaged in services or operations under the Contract.

The employer' s liability insurance shall provide limits of not less than One Million Dollars ($1,000,000) per occurrence. Both the workers' compensation and employer's liability policies shall contain the Insurer's waiver of subrogation in favor of the City, its officers, agents, employees, and volunteers.

7-1.12.2 BUILDER’S RISK/COURSE OF CONSTRUCTION INSURANCE.

The Contractor shall be responsible for all loss, damage or destruction whatsoever to the work called for by this Contract until the approval of a Notice of Completion.

The policy shall cover hazards including the losses due to fire, explosion, hail, rain, lightning, flood (separate insurance as needed), vandalism, malicious mischief, wind, collapse, aircraft, and smoke. The policies providing such insurance shall name the City as a loss payee as its respective interests may appear, and certified copies of such policies shall be filed with the City. The maximum deductible allowable under the Builder' s All Risk policy shall be five percent (5%) of the Contract amount.

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Builder' s Risk Insurance is not required for coverage of losses in excess of five percent (5%) of the Contract amount for damages resulting from earthquake in excess of a magnitude of 3.5 on the Richter scale, or tidal waves. Coverage in the amount of five percent (5%) of the Contract amount for such losses is required.

7-1.12.3 OTHER INSURANCE PROVISIONS.

B. The City acknowledges that some insurance requirements contained in these provisions may be fulfilled by self-insurance on the part of the Contractor.

However, this shall not in any way limit liabilities assumed by Contractor under the Contract. Any self-insurance must be approved in writing by the City, in its sole discretion and shall not reduce the limits of liability. Any deductibles or self-insured retentions (“SIR”) must be declared on the certificate of insurance and approved by CITY in writing. Policies containing any SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or CITY. CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements. The failure to exercise this right shall not constitute a waiver of such right.

C. The Contractor agrees to include in its contracts with all subcontractors the same requirements and provisions of this Contract, including the indemnity and insurance requirements, to the extent they apply to the scope of the subcontractor’s work. Furthermore, the Contractor shall require its subcontractors to agree to be bound to the Contractor and the City in the same manner and to the same extent as the Contractor is bound to the City under this Contract.

Additionally, the Contractor shall obligate its subcontractors to comply with these same provisions with respect to any tertiary subcontractor, regardless of tier. A copy of the City’s indemnity and insurance provisions will be furnished to the subcontractor or tertiary subcontractor upon request. Alternatively, the Contractor may insure subcontractor(s) under its own policy.

Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under California Insurance Code Section 11580.04.

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E. The limits of insurance required in this Contract may be satisfied by a combination of primary and excess insurance. Any excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City (if agreed to in a written contract) before the City’s own insurance shall be called upon to protect it as a named insured.

F. THE CITY RESERVES THE RIGHT TO WITHHOLD ANY PROGRESS

PAYMENTS TO THE CONTRACTOR IN THE EVENT OF NONCOMPLIANCE WITH ANY INSURANCE REQUIREMENTS.

Additional Insurance Requirements:

Transportation pollution liability insurance . Coverage shall be in an amount not less than $5,000,000 combined single limit per accident and shall include Pollution Liability (CA9948) and MCS-90 Endorsements. The policy shall provide coverage for transportation of pollutants/contaminants to and from the job site and the hauling of waste from the project site to the final disposal location, including non-owned disposal sites.

7-1.14 ACCEPTANCE OF CONTRACT.

When the Director has made the final inspection and determines that the Contract work has been completed in all respects in accordance with the Plans and specifications, the Director will recommend that the Goleta City Council formally accept the Contract, and immediately upon and after such Acceptance by the City, the Contractor will be responsible for the work done for a period of one (1) year.

7-1.23 NONDISCRIMINATION.

During the performance of this Contract, Contractor and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age or sex. Contractor and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code §12900, et seq.) and the applicable regulations promulgated thereunder (California Administrative Code of Regulations, Title 2, §7285.0 et seq.) and other applicable State and Federal regulations pertaining to nondiscrimination and affirmative action which are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Contractor and its subcontractors 188
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shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.

Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the agreement."

Nondiscrimination
Under 2 CA Code of Regs § 11105:

1. During the performance of this contract, the recipient, contractor, and its subcontractors shall not deny the contract's benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination.

2. Contractor shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, § 12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, § 11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code, §§ 11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article.

3. Contractor or recipient shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours' notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause.

4. Recipient, contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.

5. The contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the contract.

Under 2 CA Code of Regs § 11122:

STANDARD CALIFORNIA NONDISCRIMINATION CONSTRUCTION CONTRACT SPECIFICATIONS (GOV. CODE SECTION 12990)
These specifications are applicable to all state contractors and subcontractors having a construction contract or subcontract of $5,000 or more.

1. As used in the specifications:
a. "Act" means the Fair Employment and Housing Act.
b. "Administrator" means Administrator, Office of Compliance Programs, California Department of Fair Employment and Housing, or any person to whom the Administrator delegates authority;
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2. Whenever the contractor or any subcontractor subcontracts a portion of the work, it shall include in each subcontract of $5,000 or more the nondiscrimination clause in this contract directly or through incorporation by reference.

3. The contractor shall implement the specific nondiscrimination standards provided in paragraphs 6(a) through (e) of these specifications.

4. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the contractor has a collective bargaining agreement, to refer members of any group protected by the Act shall excuse the contractor's obligations under these specifications, Government Code section 12990, or the regulations promulgated pursuant thereto.5. In order for the nonworking training hours of apprentices and trainees to be counted, such apprentices and trainees must be employed by the contractor during the training period, and the contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor or the California Department of Industrial Relations.

5. In order for the nonworking training hours of apprentices and trainees to be counted, such apprentices and trainees must be employed by the contractor during the training period, and the contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor or the California Department of Industrial Relations.

6. The contractor shall take specific actions to implement its nondiscrimination program.

The evaluation of the contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The contractor must be able to demonstrate fully its efforts under steps a. through e. below:
a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and at all facilities at which the contractor's employees are assigned to work. The contractor shall specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are aware of and carry out the contractor's obligations to maintain such a working environment. b. Provide written notification within seven (7) working days to the director of the DFEH when the referral process of the union or unions with which the contractor has a collective bargaining agreement has impeded the contractor’s efforts to meet its obligations.
c. Disseminate the contractor’s equal employment opportunity policy by providing notice of the policy to unions and training, recruitment and outreach programs and requesting their cooperation in assisting the contractor to meet its obligations; and by posting the company policy on bulletin boards accessible to all employees at each location where construction work is performed.
d. Ensure all personnel making management and employment decisions regarding hiring, assignment, layoff, termination, conditions of work, training, rates of pay or other employment decisions, including all supervisory personnel, superintendents, general foremen, on-site foremen, etc., are aware of the contractor’s equal employment opportunity policy and obligations, and discharge their responsibilities accordingly.
e. Ensure that seniority practices, job classifications, work assignments, and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the equal 190
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employment opportunity policy and the contractor’s obligations under these specifications are being carried out.

7. Contractors are encouraged to participate in voluntary associations that assist in fulfilling their equal employment opportunity obligations. The efforts of a contractor association, joint contractor-union, contractor-community, or other similar group of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under these specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has a positive impact on equal employment opportunity in the industry, ensures that the concrete benefits of the program are reflected in the contractor’s workforce participation, and can provide access to documentation that demonstrates the effectiveness of actions taken on behalf of the contractor. The obligation to comply, however, is the contractor’s.

8. The contractor is required to provide equal employment opportunity for all persons.

Consequently, the contractor may be in violation of the Fair Employment and Housing Act (Government Code section 12990 et seq.) if a particular group is employed in a substantially disparate manner.

9. The contractor shall not use the nondiscrimination standards to discriminate against any person because race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status.

10. The contractor shall not enter into any subcontract with any person or firm decertified from state contracts pursuant to Government Code section 12990.

11. The contractor shall carry out such sanctions and penalties for violation of these specifications and the nondiscrimination clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Government Code section 12990 and its implementing regulations by the awarding agency. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Government Code section 12990.

12. The contractor shall designate a responsible official to monitor all employment related activity to ensure that the company equal employment opportunity policy is being carried out, to submit reports relating to the provisions hereof as may be required by OCP and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, status, (e.g., mechanic, apprentice trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in any easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records.

7-1.24 CONTRACTOR REGISTRATION.

Registration‟ is added as follows: No contractor or subcontractor may work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. During the performance of this Contract, Contractor and its subcontractors shall have a continuing legal obligation to maintain current registration with the Department of Industrial Relations. Contractor is hereby 191
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notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.”

SECTION 8. PROSECUTION AND PROGRESS

8-1.03 BEGINNING OF WORK.

The Contractor shall begin work within fifteen (15) working days from the date of a “Notice to Proceed” letter, and the Contractor shall thereafter diligently prosecute the work to completion.

The Contractor shall notify the Director, in writing, of his or her intent to commence work at least seventy-two (72) hours before work is begun. The notice shall specify the date on which the Contractor intends to begin work. If a project has more than one (1) location of work, a separate notice shall be given for each location.

Should the Contractor begin work in advance of issuance a “Notice to Proceed,” any work performed in advance of such issuance shall be considered to have been done at Contractor’ s own risk and as a volunteer.

8-1.15 WASTE REDUCTION.

All procurements for Compost, Mulch, and Paper Products made on behalf of the City must comply with Goleta Municipal Code Chapter 8.10.900 “Procurement Requirements for City Departments, Direct Service Providers, and Vendors” a. All paper products and content printing and writing paper shall consist of at least thirty percent (30%) by fiber weight post-consumer fiber; and b. All compost and mulch products must be purchased from a processing facility that does not solely utilize chip and grind methods to produce either product; and
c. All proof of purchase records including weight tickets, receipts, invoices shall be provided to city project manager in a timely manner; and d. Contractor shall work with city project manager to submit all required procurement records to the Environmental Services Division.

All covered projects must comply with Goleta Municipal Code Chapter 8.10 Article IV “Mandatory Recycling of Construction and Demolition Waste” including but not limited to:
a. Complete and submit a Certification of Implementation and submit to Director—five (5) working days before construction begins. b. Receive an approved Certificate of Implementation from the Environmental Services Division
c. Manage and track all project materials as well as waste generated to achieve greater than or equal to sixty-five percent (65%) diversion through waste reduction, reuse, and recycling; and
d. Collect all weight tickets and other records associated with project materials as well as waste generated and provide records to designated city project manager in a timely manner; and
e. At least five (5) working days prior to final inspection/project closeout, complete and submit a Post-Construction Waste Reduction & Recycling Summary Report (WRRS) to Environmental Services Manager (or designee) including the WRRS form, weight tickets, and other relevant records.

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SECTION 9. MEASUREMENT AND PAYMENT

9-1.05 STOP PAYMENT NOTICES.

The City may, at its option and at any time, retain amounts due to the Contractor, sums sufficient to cover claims (including costs and attorney' s fees), filed pursuant to California Civil Code Section 9350 et seq.

9-1.06 PARTIAL PAYMENTS.

The City, once in each month, shall cause an estimate in writing to be made by the Engineer. The estimate shall include the total amount of work done and acceptable materials furnished, provided the acceptable materials are listed as eligible for partial payment as materials in the special provisions and are furnished and delivered by the Contractor on the ground and not used or are furnished and stored for use on the contract, if the storage is within the State of California and the Contractor furnishes evidence satisfactory to the Engineer that the materials are stored subject to or under the control of the Department, to the time of the estimate, and the value thereof. The estimate shall also include any amounts payable for mobilization. Daily extra work reports furnished by the Contractor less than five (5) working days before the preparation of the monthly progress estimate shall not be eligible for payment until the following month's estimate.

The amount of any material to be considered in making an estimate will in no case exceed the amount thereof which has been reported by the Contractor to the Engineer on forms properly filled out and executed, including accompanying documentation as therein required, less the amount of the material incorporated in the work to the time of the estimate. Only materials to be incorporated in the work will be considered. The estimated value of the material established by the Engineer will in no case exceed the contract price for the item of work for which the material is furnished.

The Department shall retain five percent (5%) of such estimated value of the work done and five percent (5%) of the value of materials so estimated to have been furnished and delivered and unused or furnished and stored as aforesaid as part security for the fulfillment of the Contract by the Contractor.

The Department shall pay monthly to the Contractor, while carrying on the work, the balance not retained, as aforesaid, after deducting therefrom all previous payments and all sums to be kept or retained under the provisions of the contract. No monthly estimate or payment shall be required to be made when, in the judgment of the Engineer, the work is not proceeding in accordance with the provisions of the contract.

No monthly estimate or payment shall be construed to be an acceptance of any defective work or improper materials.

Attention is directed to the prohibitions and penalties pertaining to unlicensed contractors as provided in Business and Professions Code Sections 7028.15(a) and 7031.

9-1.065 PAYMENT OF WITHHELD FUNDS.

Except as otherwise prohibited by law, the Contractor may elect to receive all payments due under the Contract pursuant to Section 9-1.06 PARTIAL PAYMENT of 193
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these Specifications without any retention. If the Contractor so elects, a deposit with the City of securities with a value equivalent to the retention that would otherwise be withheld by the City shall be made. Said security shall be as provided in California Public Contract Code Section 22300 and shall be approved by the City both as to sufficiency and form.

In the alternative, the Contractor may elect to deposit such securities in an escrow account and enter into a standard form Public Works Retention Release/Escrow Agreement. Blank Agreements are available from the Public Works Director and the City Attorney' s Office.

9-1.10 ARBITRATION.

Arbitration is not permitted.

9-1.11 CLAIMS FOR EXTRA COMPENSATION FOR DELAYS.

It is understood and agreed by the City and the Contractor that the Contractor will incur overhead costs for temporary facilities, superintendence, home office overhead, and similar cost items, and that the costs of such overhead for the full Contract period through the specified completion date are included in the Contractor's lump sum bid amounts included in his accepted Proposal. No additional compensation will be made to the Contractor for claims of increased overhead costs occurring within the originally specified construction Contract period plus any time extensions granted by Change Order. No compensation for extended performance will be granted unless the delay exceeds more than half of the float time available at the time of the delay."

9-1.12 DISPUTES
DISPUTES. 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.

CLAIMS. For purposes of this Section, “Claim” means a separate demand by CONTRACTOR, after a change order duly requested in accordance with the terms of this Contract has been denied by the CITY, for (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of CONTRACTOR pursuant to the Contract, or (C) an amount the payment of which is disputed by the CITY. A “Claim” does not include any demand for payment for which CONTRACTOR has failed to provide notice, request a change order, or otherwise failed to follow any procedures contained in the Contract Documents. Claims governed by this Section may not be filed unless and until CONTRACTOR completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the change order procedures contained herein, and CONTRACTOR’s request for a change has been denied in whole or in part. Claims governed by this Section must be filed no later than fourteen (14) calendar days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim. The Claim shall be submitted in writing to the CITY and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing in this Section is intended to extend the time 194
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limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra Work, disputed Work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.

Supporting Documentation. The CONTRACTOR shall submit all claims in the following format:

Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made
List of documents relating to claim:

Specifications
Drawings
Clarifications (Requests for Information)
Schedules
Chronology of events and correspondence
Analysis of claim merit
Analysis of claim cost
Time impact analysis in CPM format
Other

If CONTRACTOR’s claim is based in whole or in part on an allegation of errors or omissions in the Drawings or Specifications for the Project, CONTRACTOR shall provide a summary of the percentage of the claim subject to design errors or omissions and shall obtain a certificate of merit in support of the claim of design errors and omissions.

Cover letter and certification of validity of the claim, including any claims from subcontractors of any tier, shall be in accordance with Government Code section 12650 et seq.

CITY’S RESPONSE. Upon receipt of a claim pursuant to this Section, CITY shall conduct a reasonable review of the claim and, within a period not to exceed forty-five (45) calendar days, shall provide CONTRACTOR a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within sixty (60) working days after the public entity issues its written statement.

If CITY needs approval from City Council to provide the CONTRACTOR a written statement identifying the disputed portion and the undisputed portion of the claim, and the City Council does not meet within the forty-five (45) working days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, CITY shall have up to three working days following the next duly publicly noticed meeting of the City Council after the forty-five (45) working-day period, or extension, expires to provide CONTRACTOR a written statement identifying the disputed portion and the undisputed portion.

Within thirty (30) working days of receipt of a claim, CITY may request in writing additional documentation supporting the claim or relating to defenses or claims CITY may have against the CONTRACTOR. If additional information is thereafter required, it shall 195
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be requested and provided pursuant to this subdivision, upon mutual agreement of CITY and the CONTRACTOR.

CITY’s written response to the claim, as further documented, shall be submitted to CONTRACTOR within thirty (30) working days (if the claim is less than $50,000, within fifteen (15) working days) after receipt of the further documentation, or within a period of time no greater than that taken by CONTRACTOR in producing the additional information or requested documentation, whichever is greater.

MEET AND CONFER. If the CONTRACTOR disputes CITY’s written response, or CITY fails to respond within the time prescribed, the CONTRACTOR may so notify CITY, in writing, either within fifteen (15) calendar days of receipt of CITY’s response or within fifteen (15) calendar days of CITY’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, CITY shall schedule a meet and confer conference within thirty (30) calendar days for settlement of the dispute.

MEDIATION. Within ten (10) working days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, CITY shall provide the CONTRACTOR a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within sixty (60) working days after CITY issues its written statement. Any disputed portion of the claim, as identified by CONTRACTOR in writing, shall be submitted to nonbinding mediation, with CITY and CONTRACTOR sharing the associated costs equally. CITY and CONTRACTOR shall mutually agree to a mediator within ten (10) working days after the disputed portion of the claim has been identified in writing unless the parties agree to select a mediator at a later time.

If the Parties cannot agree upon a mediator, each Party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.

For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the Parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.

Unless otherwise agreed to by CITY and CONTRACTOR in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.

The mediation shall be held no earlier than the date CONTRACTOR completes the Work or the date that CONTRACTOR last performs Work, whichever is earlier. All unresolved claims shall be considered jointly in a single mediation unless a new unrelated claim arises after mediation is completed.

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Procedures After Mediation. If following the mediation, the claim or any portion remains in dispute, CONTRACTOR must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time CONTRACTOR submits his or her written claim pursuant to subdivision (a) until the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation.

CIVIL ACTIONS. The following procedures are established for all civil actions filed to resolve claims subject to this Section:

Within sixty (60) calendar days, but no earlier than thirty (30) calendar days, following the filing or responsive pleadings, the court shall submit the matter to non- binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of these procedures. The mediation process shall provide for the selection within fifteen (15) calendar days by both parties of a disinterested third person as mediator, shall be commenced within thirty (30) calendar days of the submittal, and shall be concluded within fifteen (15) calendar days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.

If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.

In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.

Government Code Claims. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, CONTRACTOR must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the CITY. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by CONTRACTOR. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, CONTRACTOR shall be barred from bringing and maintaining a valid lawsuit against the CITY. A Government Code claim must be filed no earlier than the date the work is completed or the date CONTRACTOR last performs work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted.
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9-1.17 PAYMENT AFTER ACCEPTANCE.

Final Payment shall be made in accordance with this section. The Contractor shall, after the completion of the Contract, submit a final estimate of the amount of work done thereunder and the value of such work. Upon approval of the estimate by the Director, the City of Goleta shall pay the entire sum so found to be due after deducting therefrom all previous payments and all amounts to be kept and all amounts to be retained under the provisions of the Contract. All prior partial estimates and payments shall be subject to correction in the final estimate and payment. The final payment shall not be due and payable until the expiration of thirty-five (35) working days from the date of Acceptance of the work by the City Council, and thirty-five (35) calendar days after filing of the Notice of Completion with the County of Santa Barbara.

No certificate given or payments made under the Contract, except the final certificate or final payment, shall be conclusive evidence of the performance of the Contract, either wholly or in part, and no payment (including the final payment) or certificate shall be construed to be an Acceptance of any defective work or improper materials. Final payment shall not release the Contractor from one (1) year guarantee of the work as provided in Section 7-1.14 ACCEPTANCE OF CONTRACT and Section 2-

1.12 GUARANTEE AND WARRANTY of these Specifications.

END OF CITY OF GOLETA CONSTRUCTION SPECIFICATIONS

198

SECTION VII

SPECIAL PROVISIONS

199
Ellwood Mesa Monarch Butterfly Habitat Management Plan (MBHMP) Phase I Implementation – Irrigation Mainline
1 SECTION VII
CITY OF GOLETA (herein referred to as City)

SPECIAL PROVISIONS

ELLWOOD MESA MONARCH BUTTERFLY HABITAT

MANAGEMENT PLAN (MBHMP) PHASE I IMPLEMENTATION
– IRRIGATION MAINLINE

THE SPECIAL PROVISIONS CONTAINED HEREIN HAVE BEEN

PREPARED BY OR UNDER THE DIRECTION OF THE FOLLOWING
REGISTERED PERSONS:

Prepared by:
___________________________________________
Lief McKay, ASLA, LEED AP
Managing Partner, RRM Design Group

Date
Received By:
___________________________________________
Luz “Nina” Buelna, P.E.

Interim Public Works Director, City of Goleta
Date

Reviewed By:
___________________________________________
Andrew Fuller, P.E.

Principal Engineer, City of Goleta
Date

5/23/2024
5/23/2024
5/23/2024
7/26/2024
7/26/2024
7/26/2024
200
F-1

ELLWOOD MONARCH BUTTERFLY HABITIAT MANAGEMENT PLAN - IRRIGATION

For use with Greenbook Standard Specifications and Standard Plans 2018 Edition (including applicable amendments)

SECTION 1 – GENERAL
SECTION 2 – SCOPE OF THE WORK
SECTION 3 – CONTROL OF THE WORK
SECTION 4 – CONTROL OF MATERIALS
SECTION 5 – LEGAL RELATIONS AND RESPONSIBILITIES
SECTION 6 – PROSECUTION AND PROGRESS OF THE WORK
SECTION 7 – MEASUREMENT AND PAYMENT
7-3 PAYMENT.
7-3.5.2 Increases of More Than 25 Percent. REPLACE with the following:

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 Contractor and 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 Agency’s option. The Extra Work per 7-4, basis of payment, shall not include fixed costs.

Fixed costs will be deemed to have been recovered by Contractor through payment for 125% of the Bid quantity at the Contract Unit Price.

7-3.5.3 Decreases of More Than 25 Percent. REPLACE with the following:

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 Contractor. If Contractor so requests, payment will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by Contractor and Agency, or at the option of 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 quantity at the Contract Unit Price.

7-3.8 Eliminated Items. REPLACE with the following:

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.

ELLWOOD MONARCH BUTTERFLY HABITAT RESTORATION PLAN

TECHNICAL SPECIFICATIONS
PART 1 – GENERAL PROVISIONS
201
F-2

ELLWOOD MONARCH BUTTERFLY HABITIAT MANAGEMENT PLAN - IRRIGATION

7-4 PAYMENT FOR EXTRA WORK.
7-4.3.1 Increases of More Than 25 Percent. ADD the following:

The following percentages shall be the maximum allowed to be added to 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, one (1) percent shall be added as compensation for bonding.

7-4.3.2 Work by a Subcontractor. REPLACE with the following:

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 Subcontractor’s actual cost of such work. A markup of ten (10) percent on the first $5,000 of the subcontracted portion of the extra work and a markup of fine (5) percent on work in excess of $5,000 of the subcontracted portion of the extra work may be added for Contractor's costs and supervision.

SECTION 8 – FACILITIES FOR AGENCY PERSONEL

PART 2 – CONSTRUCTION MATERIALS

SECTION 200 – ROCK MATERIALS

200-1 ROCK MATERIALS.
200-1.1 General. ADD the following:
200-2 UNTREATED BASE MATERIALS.
200-2.2 Class II Crushed Aggregate. The base material shall be Class II Crushed Aggregate Base that conforms to Section 200-2.2 of the Standard Specifications.

PART 3 – CONSTRUCTION METHODS

SECTION 300 - EARTHWORK
ADD: 300-0 GENERAL EARTHWORK REQUIREMENTS.

Contractor shall perform earthwork as required for the Work, including, but not limited to, the following:

a. Subgrade shall be suitable to receive paving base materials, per Standard Specifications. Subgrade tolerance plus 0, minus 1/2". Refer to plans for improvements in paved areas.

b. Granular Base: Check subgrade surface. Subgrade surface shall be smooth and even, free of voids, to the required subgrade elevation. Compacted subgrade shall be suitable 202
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to receive granular base materials per Standard Specifications. Tolerance 1/2" in 10'.

Grading or trenching within sensitive environmental boundaries shall not occur unless directly authorized by the City’s authorized representative. Any grading authorized in sensitive areas shall be done under direct supervision by the City’s representative. Grading and earthwork for the new construction shall include excavation of the existing grade as necessary to “key” into existing grade.

Spoils from such operations shall be stockpiled by the contractor. Provide subgrade surfaces parallel to finished surface grades.

300-1 CLEARING AND GRUBBING.
300-1.1 General. ADD the following:

The Contractor, unless otherwise noted, shall remove from the site existing materials that will impact the proposed work. This includes existing asphalt concrete where trenching will occur solely in the areas indicated on plans at Santa Barbara Shores Drive. All materials to be disposed of shall be hauled off site to a City Approved waste/recycling center. Truckloads shall be covered with tarp or other approved manner.

a. Removal and disposal of all miscellaneous pavement, tree roots, rubble, or any other objectionable material encountered beneath the ground surface as a result of trenching operations connected with the construction of the project improvements.

b. Removal, relocation, abandoning, adjusting, or salvaging of all existing facilities so indicated on the plans which are not designated as separate bid items or which are not included in other bid items.

c. Maintaining dust control at all times by watering; including developing water supply and furnishing and placing all water required for work done in the contract, including water used for extra work.

d. Protection and maintenance of utilities, trees. fences, walls, and other facilities within the construction zone, except those specifically directed by the City Inspector to be removed or relocated.

e. Progressive clean-up and maintenance of project appearance.

f. Cleanup of project area upon completion of work.

g. Sawcut and removal and haul off of existing asphalt concrete.

h. Provision of temporary drainage facilities where required

The City’s authorized representative shall be on site during clearing to review disturbance and demolition of existing materials. Discovery of habitat shall halt construction until further notice by the City. The Contractor shall immediately notify the City of evidence of habitat in areas to be disturbed.

300-1.2 Preservation of Property. ADD the following:

The contractor shall protect all existing structures and/ or facilities which are adjacent to, or fall within, the limits of the work to be done under this contract in accordance with Section 7-9, Protection and Restoration of Existing Improvements, and Section 300-1 of the Standard 203
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Specifications. This item shall also include those structures and facilities which the plans show or these Specifications indicate to be protected. Any structure or facility to be protected that is damaged as a result of the Contractor and/ or construction related activities shall be repaired or replaced at his cost, to the satisfaction of the City’s Authorized Representative.

Contractor shall research all available records and drawings of adjacent work and existing services and utilities which may affect the Work.

300-1.4 Payment. ADD the following:

Unless otherwise specified, payment for sawcut and hardscape removal shall be paid for in the contract bid item for one (1) lump sum contract price and no additional compensation will be allowed. Payment shall include full compensations for furnishing all labor, materials, tools, equipment, and mobilization, disposals and doing all work involved in hardscape and debris removals as specified and not covered by separate bid items.

ADD 300-1.5 Removal and Relocation. Removal and relocation items shall require the Contractor to remove and relocate the existing improvements as shown on the plans or to the satisfaction of the City’s Authorized Representative. New materials for relocating piping mainline and tying temporary irrigation service into existing fire hydrant #1449 shall be considered included as part of the Contractor’s bid price for landscape - irrigation.

SECTION 301 – TREATED SOIL, SUBGRADE PREPARATION AND PLACEMENT OF BASE MATERIALS 301-1 SUBGRADE PREPARATION.
301-1.1 General. ADD the following:

Subgrade soil shall be prepared in conformance to the Geotechnical Engineering Report provided by Earthsystems (project no. 306062-002, dated May 9, 2024) unless otherwise noted in this section.

Subgrade soils for cold mix asphalt concrete paving shall be conditioned to a minimum depth of 12- inches, moisture-conditioned, and recompacted to a minimum of 95 percent relative compaction prior to placement of base materials for road surfacing improvements at irrigation mainline alignment. Refer to plans for areas to receive cold mix asphalt concrete patching in existing road to remain. All other areas requiring subgrade soil preparation to install proposed improvements shall be compacted to a minimum of 90 percent relative compaction or as otherwise directed by the City Engineer.
301-2 UNTREATED BASE.

301-2.4 Measurement and Payment. ADD the following:

The contract price paid per the unit price per cubic yard for Aggregate Base shall include full compensation for furnishing all labor, materials, tools, equipment, incidentals and for doing all work involved to place Crushed Aggregate Base, complete in place, including surface scarification, moisture conditioning, and preparation of subgrade to the compaction levels provided in the project’s Geotechnical Report, unless otherwise noted above, and per the Contract Documents and as directed by the City Engineer.

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PART 8 – LANDSCAPE AND IRRIGATION

SECTION 800 – LANDSCAPE AND IRRIGATION MATERIALS

800-2 IRRIGATION SYSTEM MATERIALS.

ADD: 800-2.0 General. Materials shall be installed as per manufacturer’s recommendations unless specified otherwise in the Contract Documents. Contractor shall immediately notify City’s Authorized Representative upon discovery of any discrepancies between manufacturer recommendations and the Contract Documents.

800-2.1 Pipe and Fittings.

800-2.1.3 Plastic Pipe for Use with Solvent Weld Socket or Threaded Fittings. DELETE the second paragraph and REPLACE with the following:

PVC Class 315 PVC with solvent welded joints for pressure main pipes 2 to 2-1/2” inches.

PVC schedule 40 with solvent welded joints for pressure main piping smaller than 2 inch diameter.

PVC used with domestic water shall be white in color.

ADD the following:

All PVC pipe must bear the following markings:

1. Manufacturer's name

2. Nominal pipe size

3. Schedule or class

4. Pressure rating in P.S.I.

5. NSF (National Sanitation Foundation) approval

6. Date extrusion

7. U.P.C. shield logo (IAPMO approval)

All fittings shall bear the manufacturer's name or trademark, material designation, size, applicable I.P.S. schedule and NSF seal of approval

Solvent cement and primer for PVC solvent-weld pipe and fittings shall be of the type recommended by the pipe manufacturer and shall be installed according to the instructions by the manufacturer.

800-2.2 Valves and Valve Boxes.
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800-2.2.4 Remote Control Valves. ADD the following:

Remote control valve manufacturer size shall be as per the Drawings. Remote control valve manufacturer shall be as indicated on the Drawings, OR APPROVED EQUAL.

800-2.2.7 Valve Boxes. DELETE the first paragraph and REPLACE with the following:

Valve boxes and lids shall be as detailed on the Plans and are subject to City review and approval.

The boxes for valves to be installed on-grade shall be covered with an etched polyethylene face with an ultraviolet inhibitor. The lid for on-grade valves shall be pedestrian rated, plastic, lockable, and embossed with the controller and valve station number on its topside. Sizes, materials, and manufacturer of the valve boxes and lids shall be as indicated on the Standard Drawings, OR APPROVED EQUAL. Boxes and lids for ball valves to be installed below-grade shall be reinforced concrete or other high density traffic-rated material as approved by City.

Boxes used with domestic water shall be green in color. -Remote Control Valve, and/or Master Valve, shall be rectangular valve box 12x19 or approved equal
- Shut Off Valves shall be round 9” boxes or approved equal

SECTION 801 – LANDSCAPE AND IRRIGATION INSTALLATION
801-1 GENERAL. Last paragraph, DELETE in its entirety and SUBSTITUTE with the following:

No pruning of the tree canopy shall be permitted without written recommendation of a certified arborist submitted and approved by the City’s Authorized Representative. The Contractor shall consult with City’s arborist before trenching within 10’ of a non-native tree trunk (i.e. eucalyptus) or within the dripline of native tree trunk (i.e. oak).

801-2 EARTHWORK AND TOPSOIL PLACEMENT.

801-2.4 Finish Grading. Last paragraph, second sentence, DELETE in its entirety and SUBSTITUTE with the following:

Finish grades shall be controlled by existing installations. Grades not otherwise indicated shall be uniform, and straight graded between points where elevations are noted. Minor modeling of the ground surface may be required. The resultant grade shall be smoothly, evenly contoured and compacted to levels provided in projects Geotechnical Report, or as directed by the City’s Engineer.

801-5 IRRIGATION SYSTEM INSTALLATION.
801-5.1 General. ADD the following after paragraph three:

The installation of the irrigation system shall be in accordance with the manufacturer’s instructions unless specified otherwise.

Contractor shall be responsible to notify the City prior to start of construction to coordinate on-site 206
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inspections.

Due to the scale of drawings, it is not possible to indicate all offsets, fittings, sleeves, etc., which may be required. The Contractor shall carefully investigate the structural and finished conditions affecting all of his work and plan his work accordingly, furnishing such fittings, etc., as may be required to meet such conditions. The work shall be installed in such a manner as to avoid conflicts between existing features.

All work called for in the drawings by notes or details shall be furnished and installed by the contractor whether or not specifically mentioned in the Specifications.

The Contractor shall not willfully install the irrigation system as shown on the Drawings when it is obvious in the field that unknown obstructions, grade differences, or discrepancies in area dimensions exist that might not have been considered in Engineering. Such obstructions or differences should be brought to the attention of the City’s Authorized Representative. In the event this notification is not performed, the Irrigation Contractor shall assume full responsibility for any revisions necessary and shall perform such at his own expense.

ADD the following:
801-5.1.1 Meter

Temporary water service shall be provided through existing fire hydrant #1449 per plans. The Goleta Water District will supply and install the service meter per the 2024 GWD Standards and Specifications for temporary water service, Section 3.01.04.

ADD the following:

Temporary Repairs. The City reserves the right to make temporary repairs as necessary to keep the irrigation system in operating condition. The exercise of this right by the City shall not relieve the Contractor of his responsibilities under the terms of the guarantee as herein specified.

801-5.2 Trench Excavation and Backfill. ADD the following:

The depth of cover over pipelines shall be per drawings.

Fill and backfill soil shall be prepared in conformance to the Geotechnical Engineering Report provided by Earthsystems (project no. 306062-002, dated May 9, 2024) unless otherwise noted in this section.

The trenches shall not be backfilled until all required tests are performed per Geotechnical Engineering Report. Clean, washed sand or a fine granular material used for bedding and backfill will be placed on all lines. Trenches shall be carefully backfilled with the excavated materials approved for backfilling, consisting of earth, loam, sandy clay, sand, or other approved materials, free from large clods of earth or stones. Fill and backfill placed above optimum moisture in layers with a loose thickness not greater than 6 inches shall be compacted to a minimum of 95 percent of the maximum dry density obtainable by ASTM testing method per Geotechnical Engineering Report or as directed by the City Engineer. Fill and backfill compaction of soils to receive cold mix asphalt concrete paving shall be compacted to a minimum of 95 percent or as directed by the City Engineer. Refer to plans for areas to receive cold mix asphalt concrete patching in existing road to remain. All other areas requiring fill and/or backfill to install proposed improvements shall be compacted to a minimum of 207
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90 percent or as directed by the City Engineer.

The finished surface shall be restored to the grade established prior to excavation. All mounding and divots shall be graded smooth to the satisfaction of the City’s Authorized Representative.

If settlement occurs, and subsequent adjustments in pipe, valves, valve/utility boxes, or other construction are necessary, the Contractor shall make all required adjustments.

Trenches shall be backfilled within two (2) working days following installation of mainline.

Where trenches are not closed at the end of the day, Contractor shall accept all liability for any damage or injury that may result from open trenches. Provide barricades and warning tape as necessary around all open trenches.

801-5.3 Irrigation Pipeline Installation

801-5.3.3 Plastic Pipeline. ADD the following:

Contractor shall install mainline pipe in accordance with contract documents and irrigation trenching details per plans. Installation materials for mainline shall include clean washed bedding sand, backfill, piping, and tracer tape. Tracer tape shall be Blue 3” Irrigation Line Marking Tape by Christy, or Approved Equal.

PVC to metal connections shall only be accomplished by PVC male adapters screwed into metal fittings. Teflon tape shall be used on all threaded PVC to PVC, and on all threaded PVC to metal joints.

Handling of PVC Pipe and Fittings. The Contractor is cautioned to exercise care in handling, loading, unloading, and storing of PVC pipe and fittings. All PVC pipe are to lie flat and not to be subjected to undue bending or concentrated external load at any point. Any section of pipe that has been dented or damaged will be discarded and, if installed, shall be replaced with new piping at the sole cost of the contractor. Pipe and fittings shall not be stored in direct sunlight.

ADD 801-5.3.5 Trenching Adjacent to Existing Trees.

Notify the Arborist not less than two (2) working days in advance of performing any trenching or other Work within the dripline of any protected tree. The Contractor shall consult with City’s arborist before trenching within 10’ of a non-native tree trunk (i.e. eucalyptus) or within the dripline of native tree trunk (i.e. oak).Treat all severed roots within twenty-four (24) hours of severing as required by, and under the direction of, the Arborist.

Where it is necessary to excavate adjacent to existing trees, the Contractor shall use all possible care to avoid injury to trees and tree roots. The City’s arborist shall review, verify, and adjust alignment of mainline under existing tree canopies in field prior to trenching. In areas where four (4) inch and larger roots occur the contractor shall notify the arborist prior to removing or cutting roots. The acceptable method of excavation shall be determined by the City’s arborist after review of the location. All roots four (4) inches and larger inches and larger in diameter, or as directed by the City’s arborist in the field, except directly in the path of pipe or conduit, shall be tunneled under and shall be heavily wrapped with burlap, to prevent scarring or excessive drying. Where a ditching machine is run close to trees having roots smaller than four (4) inches in diameter, the wall of the trench adjacent to the tree 208
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shall be trimmed as directed by the City’s arborist, making clean cuts through. Trenches adjacent to trees should be closed within twenty-four (24) hours; and where this is not possible, the side of the trench adjacent to the tree shall be kept shaded with burlap or canvas.

801-5.4 Installation of Valves, Valve Boxes, and Special Equipment . DELETE paragraphs three and four. Revise references to valve box materials to conform with section 800-2.2, ‘Valves and Valve Boxes’, provided in this document.

801-5.7 Flushing and Testing.

801-5.7.1 General. ADD the following to the beginning of the subsection:

Flushing of the lines shall be done before remote control valve is in place. All open ends shall be piped (temporarily to exhaust flushing water up and out of the trenches.)

No water will be permitted to fall into the trench. Flushing procedure will be to first open the ports nearest the source, then recap, and move progressively towards the end of the line, with only one open port flushing at any one time.

ADD the following paragraphs to the end of the subsection:

801-5.7.2 Pipeline Pressure Test. Testing shall be performed under Method A. AMEND the constant test pressure and the duration of the test as follows:
 Mains: 6 hours at 150 PSI

ADD 801-6.1 Charts, Manuals, and Drawings.
801-6.1.1 As-Built Drawings
Prior to completion of the maintenance period and final sign off, the Contractor shall provide the City’s Authorized Representative with Landscape Architect signed “as-built” heavy weight drafting film originals of all project construction document plans, reflecting all “as-built” conditions for all project elements and two (2) sets of edge bound plots at the completion of the project at no additional cost to the City.

Contractor shall provide two (2) sets of surveyed electronic files in CAD and PDF format. One (1) set shall be delivered to the City for permanent recordkeeping purposes.

Contractor shall dimension from two (2) permanent points of reference, existing fire hydrant to remain, sidewalk or road intersections, etc., the location of the following items:

1. Ball valves

2. Control valves

3. Changes in routing of mainline from those indicated on plans

4. Other related equipment as directed by the City
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On or before the date of the final inspection, the Contractor shall deliver the corrected and completed design documents to the City. Delivery of the final heavy weight drafting film will not relieve the Contractor of the responsibility of furnishing required information that maybe omitted from the prints.

801-6.1.2 Controller Charts.

As-built drawings shall be approved by the City before the Contractor prepares the controller charts.

Contractor shall provide two (2) controller charts for each controller supplied. The chart shall show the area controlled by the automatic controller and shall be the maximum size which the controller door will allow.

The chart is to be a reduced drawing of the actual “as-built” system. However, in the event the controlled sequence is not legible when the drawing is reduced, it shall be enlarged to a size that will be readable when reduced.

The chart shall be on an 11x17 print and a different color shall be used to indicate the area of coverage for each station.

When completed and approved, the Contractor shall hermetically seal the chart between two pieces of plastic, each piece being a minimum of 10 mils thick.

These charts shall be completed and approved prior to final inspection of the irrigation system.

801-6.1.3 Manuals of All Equipment and Certificate of Substantial Completion.

Contractor shall prepare and deliver to the City within ten calendar days after substantial completion of the project, three hard cover binders with three rings containing the following information:

a. Index sheet stating Contractor's and subcontractor’s license numbers, address, and telephone number and list of equipment with name and address of al local supplier’s and manufacturer's representatives.

b. Catalog and specification ‘cut’ sheets materials for all hardscape and softscape and equipment installed under this contract.

c. Guarantee statement. The guarantee for the sprinkler irrigation system shall be made in accordance with the enclosed form. The Contractor shall file a complete copy of all substantial completion forms and irrigation guarantee prior to the acceptance of project by the City. The guarantee shall be included in the operations and maintenance manual of all equipment throughout the park. The guarantee shall be typed onto the Contractor’s letterhead.

d. Complete operating and maintenance instructions on all major equipment.

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In addition to the above mentioned maintenance manuals, provide the City's maintenance personnel with instructions for major equipment and show evidence in writing to the City at the conclusion of the project that this service has been rendered.

801-6 PAYMENT.

The payment for the irrigation system and all appurtenant installations indicated on the drawings and described in these specifications shall be included as part of the Lump Sum Contract Price for Landscape - Irrigation. No further payment will be provided.

ADD 801-8 GUARANTEE.

The guarantee period shall begin upon written notice by City of substantial compliance with plans and specifications have been achieved by Contractor.

Upon acceptance, all construction shall be guaranteed by the Contractor for a period of one year against defects in materials and workmanship.

Any settling of backfill trenches which may occur during the one year guarantee period shall be backfilled, compacted, and transitioned smoothly with adjacent gradients to the City's satisfaction by the Contractor without expense to the City, including the complete restoration of damaged planting, paving, or other improvements of any kind.

801-8.1 Guarantee Certificate for Irrigation System.

GUARANTEE FOR IRRIGATION SYSTEM

We hereby guarantee that the irrigation system we have furnished and installed is free from defects in materials and workmanship, and the work has been completed in accordance with the drawings and specifications, ordinary wear and tear, and unusual abuse, or neglect accepted. We agree to repair or replace any defects in material or workmanship, including settling of backfilled areas below grade which may develop during the period of one year from date of acceptance and also to repair or replace any damage resulting from the repairing or replacing of such defects at no additional cost to the City. We shall make such repairs or replacements within 72 hours after receipt of written notice. In the event of our failure to make such repairs upon written notice from the City, we authorize the City to proceed to have said repairs or replacements made at our expense and we will pay the costs and charge therefore upon demand.

PROJECT: Ellwood Monarch Butterfly Habitat Management Plan LOCATION:

AGENCY: City of Goleta

CONTRACTOR SIGNATURE:

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ADDRESS:

PHONE:

DATE OF ACCEPTANCE:
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Ellwood Mesa Monarch Butterfly Habitat Management Plan (MBHMP) Phase I Implementation – Irrigation Mainline
2 TABLE OF CONTENTSSECTION 900 GENERAL REQUIREMENTS ............................ 4 900-1 General Description of the Work ................................ ................................ ........... 4 900-2 Standard Specifications and Details ................................ ................................ ..... 4 900-3 Not Used ................................ ................................ ................................ .............. 5 900-4 Order of Work ................................ ................................ ................................ ....... 5 900-5 Requirements of the Work ................................ ................................ .................... 5 900-6 Public Notification ................................ ................................ ............................... 10 900-7 Permits ................................ ................................ ................................ ............... 11 900-8 Relations with California Department of Transportation ................................ ...... 11 900-9 Liquidated Damages ................................ ................................ .......................... 11 900-10 Review of Contract Documents and Job Site ................................ .................... 12 900-11 Right-of-Way ................................ ................................ ................................ .... 13 900-12 Construction Surveys ................................ ................................ ....................... 13 900-13 Lines and Grades ................................ ................................ ............................. 13 900-14 Preserving Survey Monumentation ................................ ................................ ... 13 900-15 Measurement and Payment ................................ ................................ ............. 13 900-16 Protection and Restoration of Existing Improvements ................................ ...... 14 900-17 Utility Requirements and Potholing ................................ ................................ ... 14 900-18 Subsurface Conditions ................................ ................................ ..................... 16 900-19 Pre-Construction Job Site Video ................................ ................................ ....... 17 900-20 Pre-Construction Conference ................................ ................................ ........... 17 900-21 Weekly Project Schedule and Meetings ................................ ........................... 18 900-22 Project Schedule ................................ ................................ .............................. 18 900-23 Coordination with Concurrent Projects ................................ ............................. 21 900-24 Submittals ................................ ................................ ................................ ........ 21 900-25 Submittal Process ................................ ................................ ............................ 23 900-26 Lump Sum Bid Items ................................ ................................ ........................ 25 900-27 Daily Report ................................ ................................ ................................ ..... 26 900-28 Testing ................................ ................................ ................................ ............. 26 900-29 Quality Control ................................ ................................ ................................ . 27 900-30 Inspection ................................ ................................ ................................ ......... 30 900-31 Superintendence ................................ ................................ .............................. 31 900-32 Responsibility for Job Site Conditions ................................ ............................... 31 900-33 General Safety Requirements ................................ ................................ .......... 32 900-34 Recoverable Materials ................................ ................................ ...................... 33 900-35 Project Appearance and Cleanup ................................ ................................ ..... 33 900-36 Differing Conditions ................................ ................................ .......................... 34 900-37 Final Inspection and Punch List ................................ ................................ ........ 35 900-38 Construction As-Built Drawings ................................ ................................ ........ 36 900-39 Closeout Procedures ................................ ................................ ........................ 36 900-40 Measurement and Payment ................................ ................................ ............. 37 900-41 Partial Payments ................................ ................................ .............................. 38 900-42 Final Payments and Claims ................................ ................................ .............. 38 SECTION 901 MOBILIZATION ................................ ................................ ..................... 39 901-1 General Requirements ................................ ................................ ....................... 39 901-2 Measurement and Payment ................................ ................................ ............... 39 SECTION 902 TRAFFIC CONTROL, PARKING RESTRICTION, AND SIGNAGE ........ 40 902-1 General ................................ ................................ ................................ .............. 40 213
Ellwood Mesa Monarch Butterfly Habitat Management Plan (MBHMP) Phase I Implementation – Irrigation Mainline
3 902-2 Traffic Control Plan and Requirements ................................ ............................... 41 902-3 Construction Signage ................................ ................................ ......................... 45 902-4 Street Work Requirements ................................ ................................ ................. 45 902-5 Temporary Pavement Markers ................................ ................................ ........... 46 902-6 Measurement and Payment ................................ ................................ ............... 46 SECTION 903 WATER POLLUTION CONTROL PLAN (WPCP) ................................ .. 46 903-1 General ................................ ................................ ................................ .............. 46 903-2 Construction ................................ ................................ ................................ ....... 48 903-3 Measurement and Payment ................................ ................................ ............... 51 SECTION 904 MEASUREMENT AND PAYMENT ................................ ........................ 53 904-1 General ................................ ................................ ................................ .............. 53 904-2 Measurement and Payment ................................ ................................ ............... 53 APPENDIX ................................ ................................ ................................ .................... 54

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4 SECTION 900 GENERAL REQUIREMENTS
900-1 General Description of the Work
A. The work to be performed includes but is not limited to:

Furnishing all labor, materials, tools, and equipment necessary for installation of an irrigation mainline across 60 acres of Ellwood Mesa/Sperling Preserve Open Space; setup and maintenance of traffic control and trail detour systems; placement of crushed aggregate base; and clean-up of project area; and other related work as necessary to provide a complete project; all in accordance with the Standard Specifications, General Provisions, plans, and these Special Provisions
B. Existing improvements, visible at the Work or which can be reasonably ascertained by available information to exist, and which interfere with the completion of the Work but which no specific disposition is made on the Plans or Specifications, shall be addressed by Contractor as follows:

1. Existing improvements which interfere with the completion of the Work shall be removed and replaced, in kind. The exact location and alignment of the replacement shall be confirmed with Engineer prior to removal and adjustments to the location to conform to the Work shall be made as necessary.

2. Engineer may determine that the existing improvements are to be removed and not replaced. Removed improvements shall be properly disposed of by Contractor.

3. The area where existing improvements were removed shall be restored to conform with the Work and match the surrounding area. Restoration shall conform to adjacent improvements.

4. All costs for addressing proposed improvements in conjunction with existing improvements shall be included in the bid.
900-2 Standard Specifications and Details
The work provided herein must conform to and be in accordance with the Contract Plans, General Provisions and Special Provisions, as well as the 2018 Standard Specifications for Public Works Construction (“SSPWC”), written and promulgated by the Public Works Standards, Inc.; herein referred to as the “Standard Specifications,” California Manual on Uniform Traffic Control Devices (CA MUTCD), City of Goleta Standards, hereinafter referred to as the “City Standards,” and County of Santa Barbara Standards, herein referred to as the “County Standards.” A. Whenever in the Contract Documents references are made to published specifications, codes, standards, or other requirements, it is understood that if a date is not specified, only the latest specifications, standards, or requirements of the respective issuing agency which have been published as 215
Ellwood Mesa Monarch Butterfly Habitat Management Plan (MBHMP) Phase I Implementation – Irrigation Mainline
5 of the date that the Work is advertised for bids will apply; except to the extent that such standards or requirements may be in conflict with applicable laws, ordinances, or governing codes. No requirements set forth herein or shown on the drawings will be waived because of any provision of, or omission from, the standards or requirements.
900-3 Not Used
900-4 Order of Work
A. Contractor must control operations such that the following conditions can be met:

General:

1. Contractor shall commence work per Construction Schedule and Commencement of Work. Contractor shall begin work promptly, as stated in General Provisions, and shall not suspend work or abandon site until job is complete.

2. The project is tentatively schedule d to go to City Council for award of contract on September 17, 2024. Notice to Proceed is planned to be issued on September 23, 2024.

3. Contractor shall complete all work and be demobilized from the site by Monday November 22, 2024.

4. Contractor shall construct project in order starting with Work Area 1 and proceed in sequent ial order through Work Area 5 as identified on the plans. Each segment shall begin and end at the isolation valve location nearest the work area boundary. Work shall be continuous in each work area from the commencement of work in that work area through pressure testing and backfill unless approved by the Engineer.

5. It shall be noted that monarch butterflies are known to aggregate in the vicinity of the project boundary generally during the months of October through Mar ch. Work shall commence as outlined in the contract documents unless otherwise directed by the Engineer to be in compliance with environmental requirements.
900-5 Requirements of the Work
A. All work must be coordinated with the Traffic Control Plan, Project Schedule, Contract Period, Submittals and other requirements of these Contract Documents.

B. Contractor must maintain a minimum of one lane, not less than 12 feet wide, in each direction of travel at all times.
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6 C. All movements at intersections must be maintained.

D. No lanes may be closed prior to 8:00 a.m. and all lanes must be opened by 4:00 p.m.

E. To allow for adequate intersection inspection of the work by City and minimize impacts on surrounding neighborhoods the following contract items shall have the hours of work restricted as follows:

1. Various items of concrete construction: No concrete shall be delivered prior to 8:00 a.m. and all concrete shall be placed prior to 3:00 p.m.

2. Early morning activities: No heavy construction activities or motorized or electric equipment shall be used prior to 8:00 a.m.

3. Certain streets near schools require work hour restrictions: Contractor shall coordinate work in school zones by notifying schools and Engineer two weeks in advance of construction and not performing work during the restricted hours. Contractor shall not perform any work on the streets adjacent to the schools listed below before 8:30 a.m. and from 2:30 p.m. to 3:30 p.m.

4. Contractor may request exceptions by submitting a traffic control plan to Engineer for approval that shows that school pedestrians, bicycles, and vehicular traffic will not be adversely affected by the work.

Requested exception does not guarantee excepted work will be allowed.

i. Elementary Schools:
• Ellwood - 7686 Hollister Avenue; (805) 571-3774

F. A maximum noise level limit of 86 decibels at a distance of 50 feet will apply to all construction equipment on or related to the project, whether owned by Contractor or not. The use of excessively loud warning signals must be avoided except in those case s required for protection of personnel. The use of generators or other mechanical devices between the hours of 5:00 p.m. and 8:00 a.m. is not permitted unless approved by Engineer.

G. City reserves the right to direct the order of work in the interest of public safety and convenience. Engineer will endeavor to give Contractor 72 hours notice of any such directed order of work.

H. Coordinate, perform, and construct roadway work such that the restoration work on a street is completed prior to the weekend and/or holiday so the street and pedestrian walkways are fully restored and available for public use. 217
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7 Note: If a holiday falls on a weekend, a Saturday holiday will be observed on Friday and a Sunday holiday will be on a Monday. If part or all of a two day holiday falls on a weekend, City will determine which two weekdays will be holidays.

The holiday and event dates listed above are approximate dates and will vary depending on the year construction occurs. Contractor is required to obtain and account for City’s observed holiday dates and special event dates that will impact the project during the course of the Contract.

I. City will provide inspection on an 8 -hour day and 40 -hour week basis only excluding designated C ity, State, and Federal holidays. Contractor shall reimburse City in the amount of $ 185.00 per hour for the actual cost of all inspection and $25 0.00 per hour for Resident Engineer cost in excess of 8 hours per day, or 40 hours per week, for inspection performed during designed City, State, or Federal holidays, or weekends, when specifically authorized.

J. Access to businesses shall be maintained at all times. Contractor shall coordinate with owners prior to street work.

K. Contractor must diligently prosecute the contract work within the allowed number of working days specified in the Contract Documents. The days to finish the punch list, provided by City, shall be included in the working days.

L. Contractor shall remove all temporary pavement delineation. Prior to submitting the final payment request, Contractor shall remove all reference markings (i.e., USA markings, striping reference points, utility reference points) placed during the course of work.
900-5a Beginning of Work
N/A
900-5b Pre-Construction Meeting
Prior to the start of construction, a Pre -Construction Meeting will be called by Engineer for the purpose of discussing with Contractor the scope of work, contract drawings, specifications, existing conditions, materials to be tested, equipment to be used, and all essential matters pertaining to the prosecution and the satisfactory completion of the project as required. Contractor's representative at this conference shall include all major superintendents for the work and may include major Subcontractors and material suppliers.

Contractor shall be responsible to coordinate utility relocations within the project area.

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8 of existing facilities and additions thereto, shall be confirmed in writing by utility representatives and Contractor at this conference or within five working days thereafter.

Contractor shall be responsible to coordinate utility relocations within the project area.

Coordination of utilities within the project limits, including relocations and maintenance of existing facilities and additions thereto, shall be confirmed in writin g by utility representatives and Contractor at this conference or within five (5) working days thereafter.
900-5c Work Hours
Work shall be prosecuted during the following time period: Normal daily work hours are from 8:00 a.m. to 5:00 p.m.

If overtime work is approved by Engineer, City will make deductions in Contractor progress payment . Contractor shall reimburse City as outlined in Section 900-30 Inspection for the actual cost of all inspection cost for work requested outside of the contract working hours, Saturday and Sunday work, or inspection performed during designated City, State, or Federal holidays.

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 (June 19th) 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), and New Years (Eve December 31). W hen a designated holiday falls on a Saturday or Sunday, the preceding Friday or following Monday (respectfully) shall be a designated holiday.

Designated City holidays are in Section 900 -5 Requirements of the Work in these Special Provisions.
900-5d Time of Completion
Contractor shall complete all or any designated portion of the work called for under the contract in all parts and requirements within the time set forth in the special provisions. All work shall be completed within 45 working days from the date of the Notice to Proceed.

A working day is defined as any day, except as follows:

A. Saturdays, Sundays, and legal holidays;

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9 B. Days on which Contractor is prevented by inclement weather or conditions resulting immediately therefrom adverse to the current controlling operation or operations, as determined by Engineer, from proceeding with at least 75 percent of the normal labor and equipment force engaged on that operation or operations for at least 60 percent of the total daily time being currently spent on the controlling operation, or
Should Contractor prepare to begin work at the regular starting time of any day on which inclement weather, or the conditions resulting from the weather, or the condition of the work, prevents the work from beginning at the usual starting time and the crew is dismissed as a result thereof and Contractor does not proceed with at least 75 percent of the normal labor and equipment force engaged in the current controlling operation or operations for at least 60 percent of the total daily time being currently sp ent on the controlling operation or operations, Contractor shall not be charged for a working day whether or not conditions should change thereafter during that day and the major portion of the day could be considered to be suitable for those construction operations.

The current controlling operation or operations is to be construed to include any feature of the work (e.g., an operation or activity, or a settlement or curing period) considered at the time by Engineer and Contractor, which, if delayed or prolonged, will delay the time of completion of the contract.

Determination that a day is a non -working day by reason of inclement weather or conditions resulting immediately therefrom, shall be made by Engineer. Contractor shall be allowed 15 days from the issuance of the weekly statement of working days in which to file a written protest setting forth in what respects Contractor differs from Engineer; otherwise, the decision of Engineer shall be deemed to have been accepted by Contractor as correct. Engineer will furnish Contractor a weekly statement showing the num ber of working days charged to the contract for the preceding week, the number of working days of time extensions being considered or approved, the number of working days originally specified for the completion of the contract and the number of working days remaining to complete the contract and the extended date for completion thereof, except when working days are not being charged in conformance with the provisions in "Temporary Suspension of Work .” A sample of the weekly statement of working days is located within the Appendices of these Special Provisions.

All work shall be completed within the specified number of working days after the date of the Notice to Proceed letter.

A punch list will be created after all bid items have been completed by Contractor, and it shall be Contractor’s responsibility to notify Engineer in writing that all bid items have been completed. All punch list items shall be completed within the specified contract working days. The project will not be accepted until all punch list items have been completed.
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10 900-5e Termination of Control
Contractor is responsible for all material and/or equipment necessary to perform the project as specified. Should City have to supply Contractor with time, material, or equipment to complete work beyond that which is specified herein, Contractor shall be billed accordingly.
900-6 Public Notification
A. At least seven calendar days prior to beginning work, Contractor must distribute notices to all residences, owners, businesses, and schools adjacent to or affected by the proposed work. Such notices must at minimum give the start date of the work, daily schedule for the proposed work, typical parking restriction for the work, the times of any restricted driveway access, impacts to residences and businesses, Contractor's representative nam e and phone number, City representative name and phone number, along w ith any other information requested by Engineer.

B. Notifications shall be distributed to residents and businesses within a 500-foot radius of the job limits, including residents and businesses located on streets adjacent to the construction.

C. Notification of the upcoming construction shall be through the use of “door hanger” type formatted notifications. The notifications shall be provided in English and Spanish and shall state the working hours, and the anticipated begin and completion dates. A sample of the required notification is located within the Appendices of these Special Provisions . Contractor shall distribute the door hanger notifications a minimum of five working days in advance of construction. At the Pre -Construction Meeting, Contractor shall provide Engineer a copy of the proposed notification letter for acceptance.

1) Notifications shall be tucked nearly in door jams, handles, or partially under mats. Notifications shall not be glued, stapled, tacked, or otherwise attached to property. Contractor shall take care to stay on designated walkways during delivery of notifi cations and be polite to citizens encountered.

D. Such notices must be prepared and printed by Contractor, reviewed & approved by Engineer, and must be served by Contractor's representative in person to each residence and business. Failure of Contractor to properly serve such notices will be cause for suspensi on of work until compliance with this requirement is achieved. No extension of time will be allowed to Contractor for lost time due to his failure to distribute such notices in a timely manner or from suspension of work due to non -compliance. Contract or must document delivery of notices by providing an e-mailed list of locations where notices were delivered including the date and time of completion, by the end of the day of delivery. Contractor must also e -mail a minimum of five clear photos (2 - 221
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11 megapixel) showing completion of the delivery and parking restriction signs for each street notified. Contractor must send e -mail to an e -mail address as directed by Engineer.

E. Should parking restrictions be required, Contractor shall post “No Parking” signs per Section 902-2 Traffic Control Plan and Requirements.

F. Contractor is responsible for and must deliver public notification for all phases of the work. Contractor must submit for approval all notices for content and delivery schedule two weeks prior to actual delivery.

Full compensation for conforming to the requirements of this section will be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed. 900-7 Permits
A. Contractor shall follow all permitting and regulatory requirements.

Full compensation for conforming to the requirements of this section will be considered as included in the prices paid for the various contract items of work and no additional compensation will be allowed.
900-8 Relations with California Department of Transportation A. N/A
900-9 Liquidated Damages
A. Contractor shall pay to City the sum of $3,500 per day, each and every calendar days delay in finishing the work in excess of the number of working days prescribed above.

B. Contractor shall pay to City the sum of $300 per street per occurrence for failure to post and notify businesses and residents a minimum of 72 hours in advance of scheduled work.

C. Contractor shall pay to City the sum of $300 per street per occurrence for failure to place “No Parking” signs at specified intervals.

D. Contractor shall pay to City the sum of $1,000 per street for each day, or portion of a day, for failure to have traffic control and trail detours in-place prior to commencement of any phase of work.

E. Engineer will provide written notice of non -conformance to Contractor within 24 hours of the violation.
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12 F. Any progress payment made after the completion date shall not be construed as a waiver of liquidated damages.

If City receives a fine or penalty due to Contractor’s actions or inactions, Contractor shall be responsible to pay such cost. City may deduct such amount from amounts due or to become due Contractor.
900-10 Review of Contract Documents and Job Site
A. Contractor must carefully study and compare each element of the Contract Documents with each other and with information available to Contractor as furnished by City. Contractor shall assume all responsibility for deductions and conclusions as to the difficulties in performing the work.

B. The Plans show conditions as they are supposed or believed by City to exist.

City does not warrant the completeness or accuracy of such information. It is Contractor’s responsibility to ascertain the existence of all conditions affecting the cost of work. Contractor must immediately notify Engineer of errors, inconsistencies or omissions discovered. Any discrepancies or omissions found in the Contract Documents shall be reported to Engineer immediately.

Engineer will clarify discrepancies or omissions in wr iting, within reasonable time. If Contractor performs any construction activity knowing it involves a recognized error, inconsistency , or omission in the Contract Documents without such notice to Engineer, Contractor shall assume appropriate responsibility for such performance and will assume responsibility for the cost of correction.

In resolving inconsistencies amount two or more Sections of the Contract Documents, precedence shall be given in the following order:

A. Change Orders

B. Addenda

C. The Agreement

D. Special Provisions upon Specifications

E. Plans shall govern in matters of quantity and measurement

F. Specifications govern in matters of quality

G. Profile Plans govern upon Layout Plans

H. Specific Notes shall govern over other/general notes

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13 I. Larger scale drawings shall govern within smaller scale ones

J. Detail plans govern over standard plans

K. Figured or numerical dimensions govern over dimensions obtained by scaling

L. Standard Specifications for Public Works Construction

M. City of Goleta Construction Specifications

N. City of Goleta Design and Construction Standards
900-11 Right-of-Way
A. Right of Way, easements or right -of-entry for the Work are included in the appendix, if applicable.

B. Contractor shall not be entitled to the exclusive use of any public street or rights-of-way during the performance of the work under the contract, and Contractor must conduct operations so as not to interfere unnecessarily with business, traffic, pedestrians, and the authorized work of utility companies or other agencies in the street or rights -of-way. Neither the Specifications nor the Plans may be construed to entitle Contractor to conduct operations within the rights-of-way which are in violation of any local, county, or state ordinance or regulation restricting interference with water courses and drainage channels. Contractor must take adequate precautions against obstructing storm water flow within the project limits. Contractor may not deposit excavated materials, store equipment or construction materials within the street.
900-12 Construction Surveys
N/A
900-13 Lines and Grades
N/A
900-14 Preserving Survey Monumentation
N/A
900-15 Measurement and Payment
N/A
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14 900-16 Protection and Restoration of Existing Improvements A. In addition to Section 400, “ Protection and Restoration ,” of the Standard Specifications the following shall apply. Contractor shall protect existing pavement, striping, manholes, utilities, sidewalks, curbs, gutter, curb ramps, valley gutters, and driveways at all equipment crossings. Contractor shall provide materials to shore and brace excavation areas in order to prevent existing structures, private properties and permanent improvements from failure or damage during construction. If requested, provide shoring design calculations and details f or review by Engineer. Damage to existing structures, private properties, and permanent improvements due to construction work conducted by Contractor shall be restored to existing or better condition with no additional cost to City.

B. Attention is directed to Section 400, “Protection” of the Standard Specifications and these Special Provisions.

C. Contractor agrees to assume sole and complete responsibility for protection of public and private property in the vicinity of the job site and further agrees to, at Contractor's expense, repair or replace to original condition all existing improvements within or in the vicinity of the job site which are not designated for removal, and which are damaged or removed as a result of Contractor's operations.

D. Repair or replacement must be completed within three (3) working days from the date the damage occurred, unless immediate repair or replacement is determined to be necessary by Engineer. If Contractor fails to restore existing improvements in a timely manner, within the timeframe specified, City may complete the work and costs will be deducted from payments due Contractor.

E. Contractor must coordinate operations such that damage to newly constructed improvements is avoided. In the event newly constructed improvements, shown on the Contract Documents, interfere with other project work or is necessary for safety or access and must be remo ved and replaced, City will only pay for the improvements to be constructed one time. Multiple replacements or work necessary for the convenience of Contractor shall be considered performed at Contractor’s expense.
900-17 Utility Requirements and Potholing
900-17a General
A. Attention is directed to Contractor to the existence of underground utilities within the project limits. Contractor must verify the location, size, and type of all existing utilities prior to construction. Utilities include, but are not limited to; telephone, electricity, gas, fiber-optic cable, cable television lines, traffic signal systems, communication systems, petroleum lines, water, irrigation systems, storm drains and sanitary sewers.
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15 B. When the Plans or Specifications provide for Contractor to alter, relocate, or reconstruct a utility, all costs for such work must be included in the Bid for the items of work necessitating such work. Temporary or permanent relocation or alterations of utilities requested by Contractor for its convenience are Contractor’s responsibility and Contractor must make all arrangements and bear all costs.

C. Contractor must obtain all necessary permits and notify the utility agencies at least two business days in advance of excavating around any of their facilities.

It is the responsibility of Contractor to coordinate all phases of construction with the various utility companies involved.

D. Contractor must notify Underground Service Alert at 811 at least two business days prior to any excavation or construction work. Paint indications for underground utilities must be limited to only those areas to be affected.

Contractor must document USA markings with photographs or video and must provide a copy of the photographs and video to Engineer. Contractor must remove any painting marks that remain after the construction is complete as follows:

a. When placing markings on the pavement or other right-of-way areas to indicate the location of underground facilities, Contractors and/or utility companies are required to use a temporary water-based marking chalk with a visibility life not to exceed three weeks. Contractor must arrange for markings to be removed as needed. In the event that a Contractor or utility company uses a non-approved marking material, it shall be the responsibility of Contractor to ensure the complete removal of all pavement markings remaining upon completion of the permitted work.

If Contractor fails to properly and completely remove all pavement markings, City may affect the removal and deduct from payments due or become due Contractor for both direct and indirect costs as determined by Engineer.
900-17b Utility Verification
A. The location and existence of utilities shown on the plans are approximate and taken from available records. Contractor must verify the location of existing utilities, by potholing or other suitable methods, and must take all precautions to protect them whether shown or not. The exact location and identification of all existing utilities must be determined by Contractor prior to the start of any work.

B. Contractor must physically locate, verify horizontal and vertical locations, and map existing underground facilities within the work area that are marked by Underground Service Alert (USA), shown on the drawings or visible in the field.

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16 activities for the duration of the project. In the event any such unknown facilities or substructures should be disturbed or damaged due to the failure of Contractor’s exercising reasonable care, Contractor must at once make necessary emergency repair at no cost to and to the approval of the owner. In the event the utility owner requires its own forces or approved vendors to perform such repairs, Contractor must coordinate and cooperate with the utility to complete the repairs. All costs for repairs, staf f time, direct and indirect costs, and any costs billed by the utility must be borne by Contractor and costs may be deducted from payments due or to become due Contractor. Contractor is responsible for following all applicable rules and regulations concerning work in the vicinity of underground and/or overhead utilities.

C. All utilities designated on the Plans to be protected in place must be carefully uncovered if located within the lines of excavation and time must be allowed for Engineer to field check the location of such utilities to make certain that they will not interfere with construction. In the event a utility conflict exists, City will either arrange for utility owner to relocate the utility or adjust grade and/or alignment of the proposed improvement. Contractor must allow sufficient time for this utility work an d must adjust Contractor’s operation to move to other areas to allow the utility relocation work to occur.

D. In the event any such facility should be disturbed or damaged, Contractor must at once make repairs to the satisfaction of the owner, or arrange with the owner to make repairs, at no cost to City. Any delays or reconstruction of improvements resulting from Contractor’s failure to verify utility locations and depths will be made at Contractor’s expense.
900-17c Payment
The cost for coordination with the utility companies, providing work areas for utilities, locating facilities including potholing, protecting utility facilities in place, and conforming to the requirements of this section will be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefor.
900-18 Subsurface Conditions
A. Where investigations of subsurface conditions have been made by City with respect to subsurface conditions, utilities, foundation, or other structural designs, and that information is shown in the Plans, it represents only a statement by City as to the character of materials which have actually been encountered by City’s investigation. This information is only included for the convenience of Bidders.

B. Investigations of subsurface conditions are made for the purpose of design only. City assumes no responsibility with respect to the sufficiency or accuracy of borings or of the log of test borings or other preliminary investigations or of 227
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17 the interpretation thereof. There is no guaranty, either expressed or implied, that the conditions indicated are representative of those existing throughout the Work, or any part of it, or that unanticipated conditions may not occur.

When a log of test borings is included in the Plans, it is expressly understood and agreed that such log of test borings does not constitute a part of the Contract. The log of test borings represents only an opinion of City as to the character of the materials to be encountered and is included in the Plans only for the convenience of the Bidders. Making information available to Bidders is not to be construed in any way as a waiver of the provisions of the first paragraph of this Section, and Bidders must satisfy themselves throu gh their own investigations as to conditions to be encountered.
900-19 Pre-Construction Job Site Video
A minimum of one week prior to start of construction, Contractor must video all areas where construction is to take place. Such videos (DVD or other approved media) must be provided to Engineer before construction commences. These videos will serve as a record of the existing conditions for disputes arising from restoration and should therefore be taken along the line of construction and site access and staging areas at sufficient detail as necessary to clearly depict details of existing conditions.

All videos must be indexed and catalogued in such a manner that each photographed area is readily identifiable and must also indicate the date and time (hour, minutes and seconds) on which the video was made. Contractor must also video any unusual conditions enco untered during construction that are not already a matter of photographic record. In the event damage to existing improvements occurs, the video will be available as a resource to determine existing conditions. In any areas where existing conditions cannot be determined by means of videos, the area must be restored as approved by Engineer at Contractor’s expense. All videos will become the property of City.
900-20 Pre-Construction Conference
A. A Pre-Construction Meeting will be conducted prior to commencement of construction at the time and place designated by Engineer. Those attending the meeting must include, but not be limited to, the following:

1. Contractor and superintendent who will be supervising the work for the duration of the project

2. The Sanitary and Water Districts, if applicable

3. The Design Engineer

4. The Construction Manager

5. Representatives of affected Utility Companies

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18 B. Pre-Construction Meeting will not be scheduled until the following ha ve been submitted:

1. Construction Schedule

2. Traffic Control Plan

3. Water Pollution Control Plan (WPCP)
900-21 Weekly Project Schedule and Meetings
A. By Tuesday of each week, Contractor must prepare and submit a detailed schedule of the work projected for the next two weeks on a daily basis.

Contractor must make revisions as required by Engineer.

B. Engineer will conduct a Weekly Project Status Meeting that must be attended by Contractor, subcontractors, utility companies (as required) and Engineer.

The meeting will have a duration of approximately one hour. The meeting will be held on the day, time and location as determined by Engineer. The purpose of this meeting will be to discuss interfacing work, scheduling, problems, issues, and the like. If not previously submitted, Contractor must submit the following to Engineer at the beginning of the meeting:

1. Daily manpower and equipment utilization for the preceding week.

2. Projected work for the next two weeks on a daily basis.

Contractor must attend all miscellaneous meetings as requested by Engineer. 900-22 Project Schedule
A. In addition to Section 6.1.1, “Construction Schedule ” of the Standard Specifications, Contractor shall submit a progress schedule to Engineer at the Pre-Construction Meeting. The progress schedule shall state the project area, the anticipated start and completion dates and the type of construction operation anticipated. Work that exceeds the stated completion date shall be understood as being out of conformance with the progress schedule and these Special Provisions. Contractor shall submit a revised progress schedule within five working days of Engineers written request.

B. Strict conformance to the progress schedule shall be maintained and revisions to the progress schedule may be allowed only upon written approval of Engineer.

C. Scheduling of change orders or extra work orders is the responsibility of Contractor. Contractor shall revise the schedule to incorporate all activities involved in completing the change orders or extra work order and submit it to Engineer for review and approval. With the concurrence of Engineer, change or 229
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19 extra work orders of a magnitude less than $500 do not need to be scheduled, unless the order affects the project schedule or other outside parties.

D. If Engineer finds Contractor is entitled to an extension of any completion date under the provisions of the contract Engineer's determination of the total number of days extension will be based upon the current analysis of the schedule and upon data relevant to the extension.

E. Contractor shall submit a detailed schedule showing all items prior to the Pre- Construction Meeting. The schedule shall include the proposed sequencing of construction activities. Contractor shall submit a revised progress schedule within five working days of Engineer’s written request.

F. Contractor must update the Construction Schedule weekly or when directed by Engineer. Preparation and updating of the Construction Schedule must be performed at Contractor's sole expense.

G. Failure by Contractor to submit updated or revised Construction Schedules when required may prevent acceptance of progress payment requests by Engineer until such updated or revised Construction Schedules have been submitted for review and have been accepted by Engineer.

H. The Construction Schedule must include obtaining all necessary materials and equipment and must reflect completing all work within the specified time, in accordance with these Specifications. Contractor must show completion of the project completely filling the Contract time and may not show early completion.

In the event Contractor requests early completion, Contractor must execute a no-cost Contract Change Order that reduces the number of Working Days allowed for completion to conform with such intended completion date.

I. Contractor must include in the schedule detailed information for each operation:

1. Planned and actual start and completion dates of each work activity.

2. Order that Contractor proposes to prosecute the work.

3. Logical links between the time-scaled work activities.

4. All controlling activities.

5. Legible description of each activity.

6. At least one predecessor and one successor to each activity except for project start and project end milestones.

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20 7. Duration of at least one (1) working day for each activity and Start milestone date as the Contract approval date.

8. When the project includes multiple streets or sites , Contractor must include detailed information for each street or site.

9. When notifications or parking restrictions are required, such dates must be included in the schedule.

J. Contractor must provide critical path schedules in legible hardcopy format and must also submit schedules with each update in electronic format compatible with MS Project, as directed by Engineer.

K. Scheduling of change orders or extra work orders is the responsibility of Contractor. Contractor shall revise the schedule to incorporate all activities involved in completing the change orders or extra work order and submit it to Engineer for review and approval. With the concurrence of Engineer, change or extra work orders of a magnitude less than $500 do not need to be scheduled, unless the order affects the project schedule or other outside parties.

L. When change orders are initiated, delays are experienced, or Contractor desires to revise the schedule logic, Contractor shall submit to the Construction Manager a written Time Impact Analysis (TIA) illustrating the influence of each change, delay, or Contractor request on the current contract schedule completion date. Each TIA shall demonstrate how Contractor proposes to incorporate the change order, delay, or Contractor request into the Schedule. The analysis shall demonstrate the time impact based on the date of occurrence of the change, delay or revision; the status of construction at that point in time; an d the impact of all affected activities. The event times used in the analysis shall be those included in the latest updated copy of the CPM Schedule or as adjusted by mutual agreement between the Construction Manager and Contractor.

The TIA must:

1. Illustrate the impacts of each change or delay on the current scheduled completion date or internal milestone.

2. Use the accepted schedule that has a data date closest to and before the event. If Engineer determines that the accepted schedule used does not appropriately represent the conditions before the event, the accepted schedule must be updated to the day before the event being analyzed.

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21 3. Include an impact schedule developed from incorporating the event into the accepted schedule by adding or deleting activities or by changing durations or logic of existing activities. If the impact schedule shows that incorporating the event modifies the c ritical path and scheduled completion date of the accepted schedule, the difference between scheduled completion dates of the two schedules must be equal to the adjustment of Contract time
900-22a Payment
Full compensation for the required construction schedules and conforming to the requirements of this section will be considered as included in the contract prices paid for the various items of work involved and no additional compensation will be allowed. 900-23 Coordination with Concurrent Projects
A. Several projects may be ongoing within the limits of the work during the Contract period. Contractor is required to coordinate the work with other contractors such that both projects can be diligently pursued to their timely completion. Interfacing work must be shown on the project schedule, and Contractor shall be responsible for meeting that schedule. Contractor must include time for others to perform work within the Work Area and this must be reflected in the Project Schedule. Delays due to interfacin g with concurrent projects are considered avoidable and no compensation will be made for such delays. Contractor is responsible for obtaining contract documents including plans and specifications and thoroughly understanding the requirements of Work called for in the contract documents for concurrent projects. Contractor must include in the bid all costs for coordination, scheduling, meetings, staging and the like that result from interfacing with concurrent work.

B. Concurrent projects include but are not limited to the following:

1. Ellwood Hazardous Fuels Reduction Project

900-24 Submittals
In addition to the required submittals and shop drawings of the Standard Specifications, Contractor must submit the following shop drawings and/or submittals in adequate detail, including a list of all deviations from the Contract Documents for each item submitted. Contractor must submit an electronic PDF copy of the following items marked (*) to Engineer for review at least five (5) working days prior to the Pre- Construction Meeting. All other submittals must be submitted in accordance with the submittal procedures listed below.

Electronic submittals will be performed through a web -based System Construction Management Enterprise (CMIS). Contractor and each Subcontractor shall be given a Log On identification and password to access City of Goleta Reporting system. Use 232
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22 of the system may entail additional data entry of weekly payroll information including employee identification labor classification, total hours worked, and hours worked on this project, wage and benefit rates paid, etc. Contractor’s payroll and accounting software might be capable of generating a ‘comma delimited file’ that will interface with the software.

Engineer will determine if the specifications are being met for all work including but not limited to the following:

A. General Requirements

1. Key Personnel, Telephone Numbers, and Emergency Telephone Numbers

2. Project Schedule*

3. Traffic Control Plans*

4. Demolition Waste Recycle Plan/Statement

5. Best Management Practices Plan

6. Pre-Construction Video

7. Public Notices

B. Site Work

1. Aggregate Base

2. PVC Water Pipe

3. Ball Valves

4. Backflow Preventor

5. Pipe Sleeves
Within ten (10) working days after the Notice to Proceed, and prior to the submission of the initial shop drawings, Contractor shall submit a Master Submittal List of all required submittals to Engineer. The Master Submittal List shall include a description of each item, Specification reference and the anticipated submittal date. The List shall include all items of equipment and materials for the work; and the names of manufacturers with whom purchase orders have been placed, items on the List shall be arranged in the same order as in these specifications and shall contain sufficient data to identify precisely the items of material and equipment Contractor proposes to 233
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23 furnish. The List shall reference the applicable Specification section or Drawing. After the submission is favorably reviewed and returned to Contractor by Engineer, It shall become the basis for the submission of detailed manufacturer’s drawings, catalog cuts, diagrams, schematics, data, and information on each separate item for review.

No work shall proceed on any item until it has been submitted and accepted by City.

An incomplete submittal list is not a basis for avoiding a submittal required by the specifications.

Contractor must provide all submittals required by Special Provision sections. 900-25 Submittal Process
A. Wherever called for in the Contract Documents or where required by Engineer, Contractor must furnish to Engineer for review an electronic ( PDF) copy of each submittal.

B. Contractor shall use the Construction Management Information System (CMIS) for submittals.

C. Each submittal item must be individually numbered and must identify the specification section that relates to the item being submitted so that approved and rejected submittals can be tracked.

D. At the time of each submission, give Engineer specific written notice of each variation that the submittal may have from the requirements of the Contract Documents. If a variation is identified that was not brought to the attention of Engineer, correction will be at Contractor’s expense.

E. Engineer will have a minimum of ten working days to review each submittal except where specified differently in these Special Provisions. It is the responsibility of Contractor to organize submittals in order of importance and need.

F. Submittals must be clearly identified and where multiple items are shown on a shop drawing, items being identified as submittals must be marked.

Extraneous information should not be included in submittals. Only one submittal will be reviewed for an item and Contractor may not submit multiple shop drawings from multiple vendors for the same item.

G. Engineer’s review will be only for conformance with the design concept of the project and for compliance with the information given in the Contract Documents, not extending to means, methods, techniques, sequences, or procedures of construction (except where indicated or required by the Contract Documents) nor to safety precautions or programs incident thereto.

Submittals processed by Engineer do not become Contract Documents and are not Change Orders.

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24 H. Delays caused by the need for re -submittal or replace unaccepted “or equal” items will not constitute a basis for claim.

I. In the event that an item is called for by a specific product or trade name, Contractor shall have ten working days after the award of the Contract for submission of data substantiating a request for a substitution of “an equal” item. In the event Contractor furnishes any “or equal” material more expensive than that specified in the bid form, the difference in cos t of such material so furnished will be borne by Contractor under Public Contract Code section 3400.

“Or equal” products may be accepted by Engineer upon submittal of the following information:

1. Product Date Design Criteria

2. Physical Properties Limitations of Process

3. Material Specifications List of Previous Projects

4. Installation Specifications Size of Completed Projects

5. Testing Methods List of Current Projects

6. Third Party Test Data

7. Size of Current Projects

8. References (All references must include current names and telephone numbers)

9. List of all deviations from the specifications or referenced product or materials.

10. Additional testing may be required, and all costs for testing will be borne by Contractor.

J. City reserves the right to modify the procedures and requirements for submittals, as necessary to accomplish the specific purpose of each submittal.

Direct inquiries regarding the procedure, purpose, or extent of any submittal to Engineer.

K. Repetitive Review

1. Shop drawings and other submittals will be reviewed no more than twice at City’s expense. All subsequent reviews will be performed at 235
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25 times convenient to Engineer and at Contractor’s expense, including but not limited to consultant costs, staff charges, overhead, and other related expenses. Contractor shall reimburse City for such costs, and City may deduct these costs from amounts due or to become due Contractor. Submittals are required until approved.

2. Any need for more than one resubmission, or any other delay in obtaining Engineer’s review of submittals, will not entitle Contractor to extension of the Contract Time.
900-26 Lump Sum Bid Items
A. Contractor must submit a detailed schedule of values breakdown for all lump sum bid items. The breakdown of items must be submitted to Engineer for approval and the level of detail will be as determined appropriate by Engineer.

The schedule of values must be submitted to Engineer prior to the first progress payment request and the progress payment will not be reviewed without an approved schedule of values for all Lump Sum bid items. The schedule of values will be used as a basis for determining appropriate monthly progress payment amounts for lump sum bid items. The schedule of values must equal, in total, the lump sum bid item cost and be in such form and sufficiently detailed to satisfy Engineer that it correctly represents a reasonable apportionment of the lump sum.

B. For Progress Payments, submit a Schedule of Values for approval by Engineer. Submit the first draft of the schedule at least three working days prior to the pre -construction conference. Contractor's standard forms will be considered for approval upon request.

C. General Requirements:

1. In addition to the electronic submittal, include an electronic copy compatible with Microsoft Office 365 Excel.

2. Identify the project name, project number, Contractor's name and address, submission date, and Contract number on the Schedule of Values.

3. Separate the component parts of the Work into sufficient detail to serve as a basis for computing progress payments. The sum of the component parts shall equal the Contract total amount. An unbalanced (front-end loaded) Schedule of Values will not be accepted.

4. For the various portions of the Work:

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26 i. Identify labor, equipment, overhead, and material costs separately for items of work in excess of fifteen thousand dollars ($15,000).
900-27 Daily Report
A. Contractor must complete a Daily Report indicating manpower, major equipment used and on standby (itemized separately), subcontractors, materials used, and similar items involved in the performance of the Work.

The Daily Report must be completed on forms prepared b y Contractor and acceptable to Engineer and must be submitted to Engineer prior to construction on the subsequent workday . An example Daily Report template is located within the Appendices of these Special Provisions.

B. Contractor must supply daily reports to the inspector at the start of work on a daily basis. If Contractor fails to provide daily reports for two or more working days during the scheduled work week, then a Stop Work Notice will be issued, and progress payments will not be processed until all paperwork is current.

Contract period will continue to be in force while the Stop Work Notice is in effect.
900-28 Testing
A. In addition to Section 4-4, “Testing” of the Standard Specifications, Contractor shall follow the most current City of Goleta Quality Assurance Program.

City will retain an independent testing firm to perform initial soil/aggregate/asphalt compaction tests; and any other additional test required by City. Contractor shall perform all other required testing and submit written test results to Engineer.

In addition to the requirements of these special provisions, Contractor shall follow material testing procedures for testing to be provided by Contractor as set forth in Section 4-4 of the Standard Specifications. Contractor shall perform all testing to verify compliance with City and Standard Specifications of any and all materials furnished by Contractor. Contractor shall submit and receive Engineer’s approval of all compliance test results prior to incorporating materials into the project.

Any system material or workmanship found defective on the basis of acceptance tests shall be reported to Engineer. Contractor shall replace the defective material or equipment and have testing repeated without additional cost to City, until test results are satisfactory to Engineer. City will only pay for initial testing services.

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27 When initial tests indicate non -compliance with the Contract Documents, the costs of any additional tests required for determining compliance will be deducted by City from the Contract Sum due Contractor.

B. It is the responsibility of Contractor to facilitate sampling to be used for testing purposes. Costs for failed tests and retesting necessary because of Contractor’s failure to comply with specification requirements will be borne by Contractor.

C. City uses a Quality Assurance Program (QAP) to ensure a material is produced to comply with the Contract. Contractor may examine the records and reports of tests City performs if they are available at the job site. Schedule work to allow time for QAP.

D. Material testing for this project will be provided by Contractor as set forth in Section 4.4, “Testing” of the Standard Specifications and the most current City’s Quality Assurance Program. Contractor shall perform all testing to verify compliance with the Specifications of any and all materials furnished by Contractor. Contractor shall submit and receive Engineer’s approval of all compliance test results prior to incorporating materials into the project.

Contractor may elect to place material without the approved certificates of compliance and mix designs and shall be at Contractor’s own risk. Contractor shall notify Engineer in writing to get the approval of placement, and $10,000.00 will be withheld from Contractor’s progress payment for each certificate of compliances and mix designs until the certificate of compliances and mix designs are submitted approved.

E. Samples, certificates of compliance, lists of materials and material sources, access to facilities, requests for testing and all other data relating to material testing shall conform to Section 4 of the Standard Specifications, “Control of Materials.” Contractor shall provide Engineer with five working days' notice of the need for material testing.

F. Engineer shall be given two working days-notice prior to each test performed by Contractor.

Full compensation for conforming to all requirements specified in this Section, “Control of Materials,” shall be considered as included in the contract price paid for other items of work and no additional compensation will be allowed. 900-29 Quality Control
A. Definition

1. Specific quality control requirements for the Work are indicated throughout the Contract Documents. The requirements of this Section are primarily related to performance of the Work beyond furnishing of 238
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28 manufactured products. The term "Quality Control" includes inspection, sampling and testing, and associated requirements.

i. Quality Control: All those planned and specified actions or operations necessary to produce a product or service that will meet requirements for quality as specified. Quality Control is the responsibility of Contractor. Contractor shall monitor quality control over suppliers, manufacturers, products, services, site conditions, and workmanship, to produce Work of specified quality.

ii. Quality Assurance: Those planned and systematic operations conducted to ensure that the operations and/or products incorporated into the project meet the project specifications.

Quality Assurance encompasses oversight of Contractor’s Quality Control; verifying the results of Contractor testing; review of sampler, tester , and laboratory qualifications; independent assurance sampling and testing, and inspection for conformance with the plans and specifications. Quality Assurance is the responsibility of Contractor and Engineer.

B. Special Tests and Inspections: Tests and inspections required by the CBC and performed by certified inspectors. These tests will be performed and paid for by City. Quality Control Program.

1. Contractor shall develop a detailed written Quality Control (QC) Program for all Work required in the Contract Documents. Contractor must submit for the Construction Manager’s acceptance of Contractor’s Quality Control Program (QC Program) for the entire Project before beginning any of the Work other than mobilization tasks to install temporary facilities. Except for mobilization, no other work will begin until Engineer has accepted Contractor’s overall QC Program for the project. This QC Program must meet the objectives and requirements as defined herein. The QC Program must be specific to this Project and the Contract Documents.

2. In addition, Contractor must submit for Engineer’s acceptance Contractor’s individual QC Plans before starting each area or division of the Work and/or new specialty trade to complete any portion of the Work. Work will be permitted to start only after the Construction Manager reviews and accepts Contractor's individual QC Plan . The individual QC Plans must identify all QC personnel, procedures, inspections, laboratories, Testing equipment calibrations and certifications, tests, inspection/test hold points, instructions, sampling and testing records organized by date and type of material, reports, 239
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29 records, schedules, etc. specific for each area or division of the Work and/or new specialty trade to complete any portion of the Work.

3. Contractor shall maintain a log of required testing indicating the tests or sampling and test method required, location, frequency and responsibility.

4. Contractor shall provide written procedures defining methods of construction, control measures, and the performance of inspections and testing for the different types of Work

5. Procedures shall detail “Hold Points,” where Work shall not proceed until the required Quality Control functions are performed and documentation shows the Work meets the requirements of the Contract.

6. Procedures shall detail problem resolution steps and corrective actions in the event the Work does not meet the Contract Specifications.

7. Procedures shall be provided for all major activities of Work.

8. Contractor shall maintain evidence of activities affecting quality, including operating logs, records of inspections and tests, audit reports, material analyses, personnel qualification and certification records, procedures, and document review records.

9. Quality records shall be maintained in a manner that provides for timely retrieval, and traceability. Quality records shall be protected from deterioration, damage, or destruction.

10. Within 24 hours, notify Engineer of any noncompliance identified by your QC program. Contractor shall provide City access to all QC records.

11. Submit QC test data and QC test results within two business days of test completion.

C. Sampling and Testing

1. Unless otherwise indicated, all products, materials, and equipment shall be subject to inspection by Engineer at the place of manufacture as specified in the Standard Specifications.

2. City or an independent firm retained by City will perform inspections, testing, and other services as required by Engineer.

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30 i. Contractor shall cooperate with Engineer or independent firm and furnish samples of materials, design mix, equipment, tools, storage, and assistance as requested.

ii. Contractor shall notify Engineer three (3) working days prior to the expected time for operations requiring inspection and laboratory testing services.

iii. Retesting required because of non -conformance to
requirements shall be performed by the same independent firm on instructions by Engineer. Contractor shall be responsible for all costs including administrative, material testing, design and engineering activities directly related to such retesting.

D. Installation

1. Inspection: Contractor shall inspect materials or equipment upon arrival on the job site and immediately prior to installation and reject damaged and defective items.

2. Measurements: Contractor shall verify measurements and dimensions of the Work, as an integral step of starting each installation.

3. Manufacturer's Instructions: Where installations include manufactured products, Contractor shall comply with manufacturer's applicable instructions and recommendations for installation, to whatever extent these are more explicit or more stringent than applicable requirements indicated in Contract Documents.

i. When manufacturers' instructions conflict with Contract Documents, request clarification from Engineer before
proceeding.
900-29a Payment
Full compensation for the required quality control and conforming to the requirements of this section will be considered as included in the contract prices paid for the various items of work involved, and no additional compensation will be allowed. 900-30 Inspection
A. All work is subject to inspection and approval by Engineer. Contractor shall notify Engineer, along with all affected utility companies, two (2) working days in advance of the start of work to coordinate and schedule inspection staff.

B. City will provide inspection based on the working hours outline in these special provisions excluding designated City, State, or Federal holidays. Contractor 241
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31 shall reimburse City for the actual cost of all inspections in excess of the project working hours, or inspection performed during designated City, State, or Federal holidays as outlined in Section 900 -5 Requirements of the Work .

Designated City holidays are listed in Section 900-5 Requirements of the Work.

C. Contractor shall provide a competent person during normal working hours to assist Engineer, when required, in checking Contractor’s layout and for measuring quantities for payment purposes. Contractor shall cooperate with Engineer so that checking and measuring may be accomplished with the least interference to Contractor’s operations.

D. No additional compensation will be made to Contractor for fulfilling these requirements.
900-31 Superintendence
A. Contractor shall designate in writing before starting work an authorized representative who shall have the authority to represent and act for Contractor.

When Contractor is comprised of two (2) or more persons, firms, partnerships, or corporations functioning on a joint venture basis, Contractor shall designate in writing before starting work, the name of one authorized representative who shall have the authority to represent and act for Contractor.

B. The authorized representative shall be present at the site of the work at all times while work is actually in progress on the contract. When work is not in progress and during periods when work is suspended, arrangements acceptable to Engineer shall be made for any emergency work which may be required. Whenever Contractor or Contractor's authorized representative is not present on any particular part of the work where it may be desired to give direction, orders will be given by Engineer, which shall be received and obeyed by the superintendent or foreman who may have charge of the particular work in reference to which the orders are given. Any order given by Engineer, not otherwise required by the specifications to be in writing, will on request of Contractor, be given or confirmed by Engineer in writing. 900-32 Responsibility for Job Site Conditions
A. Contractor agrees that, in accordance with generally accepted construction practices, Contractor shall be required to assume sole and complete responsibility for job site conditions during the course of construction of this Project, including the safety of all persons and property, and that this requirement will apply continuously and will not be limited to normal working hours. Contractor further agrees to defend, indemnify and hold City and City’s design and construction observation professionals harmless from all liability and claims, real or alleged, in connection with the performance of work on this Project.
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32 B. Contractor must make field measurements and verify field conditions and must carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing activities. Errors, inconsistencies, or omissions discovered must be reported to Engineer immediately by telephone and in writing. When conditions are encountered which, in the opinion of Engineer, require temporary suspension of work for design modifications or for other determinations to be made, Contractor must move to other areas of work until such determinations are made at no cost to the Owner. No additional compensation will be allowed by reason of such temporary suspension of a portion of the Work, or modifications to work. Appropriate extension of time for completion may be allowed where justified in the opinion of Engineer. If articles having archeological significance are identified, Contractor must suspend work to allow evaluation by Engineer.

900-33 General Safety Requirements
A. Contractor must do whatever work is necessary for safety and be solely and completely responsible for conditions of the job site, including safety of all persons (including employees) and property during the Contract period.

Safety provisions must conform to Federal and State Departments of Labor Occupational Safety and Health Act (OSHA), and other applicable Federal, State, County and local laws, ordinances, codes, requirements set forth herein, and regulations that may be specified in other parts of thes e Contract Documents. Contractor must do all work necessary to protect the general public from hazards, including, but not limited to, surface irregularities or un - ramped grade changes in vehicular travel ways (including but not limited to streets, roads and driveways), pedestrian sidewalks or walkways. Barricades, lanterns, and proper signs must be furnished in a sufficient amount to safeguard the public and the work. This requirement applies continuously and is not limited to normal working hours.

B. Contractor must develop and maintain for the duration of the Contract, a safety program that will effectively incorporate and implement required safety provisions. Contractor must appoint a qualified employee who is authorized to supervise and enforce compliance with the safety program.

C. Contractor shall provide a written Injury and Illness Prevention Program (IIPP) conforming to C AL OSHA requirements. The IIPP shall be customized to prevent workplace injuries and illnesses specific to the work on this contract.

Written copy of the IIPP shall be maintained at the job site. As a minimum the IIPP shall contain the following elements: responsibility, compliance, communication, hazard assessment, accident/exposure investigation, hazard correction, training & instruction, and recordkeeping. Refer to “Cal/OSHA 243
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33 Pocket Guide for the Construction Industry” dated June 2015 and website :
http://www.dir.ca.gov/dosh/puborder.asp for further information. 900-33a Novel Coronavirus (COVID-19) Safety Requirements A. General

1. Section Includes : COVID-19 safety requirements to address the COVID-19 epidemic, including without limitation any requirements imposed by federal, state, and local guidelines and orders or those necessary for performance of work safely.

2. These COVID-19 safety requirements are not all encompassing and may need to be modified by Contractor for individual construction tasks and updated as the COVID-19 epidemic evolves.

3. Contractor and all its sub -tier level subcontractors and suppliers shall account in their Bid and sub-bids for all cost impacts whether affecting labor (including, but not limited to obtaining qualified workers, quantity of workers, as well as their productivity), deliveries, supervision, testing and/or procurement of materials and/or equipment and time caused by any COVID-19 safety requirements, including without limitation those found in this Section and also all public health and governmental directives in place at the time Bids are received by City for this Project.

900-34 Recoverable Materials
City and/or the adjacent property owner owns all recoverable materials from the work.

City reserves the first right of refusal for recoverable materials with the existing public right-of-way. Likewise, the property owners reserve the first right of refusal for recoverable materials on their property . If City/property owner refuses the recoverable materials, Contractor must dispose of all recoverable materials in a proper and legal manner. Contractor must include in the bid all costs for disposal. If City decides to keep the material, Contractor must deliver the material to a location determined by Engineer within City limits. Materials removed from the site without the expressed permission of City will be back charged to Contractor and deducted from funds due or to become due Contractor. City reserves the right to modify its decision regarding refusal up to the point in time the materials are removed from the site. 900-35 Project Appearance and Cleanup
A. Contractor must keep the site clean, control dust and air pollution from construction operations, and provide sanitation for workers. Broken concrete and debris developed during demolition, clearing and grubbing must be disposed of concurrently with their removal.

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34 B. Weeds, trash and debris must be removed from the work site regularly and when directed by Engineer. Graffiti must be removed within 24 hours of the graffiti appearing and when directed by Engineer. All graffiti within the project limits must be removed. Contractor must submit method of removal to Engineer for approval prior to graffiti abatement. Stickers, paint, and other forms of graffiti must also be removed.

C. Upon completion of the Work and before the final inspection, Contractor must, at Contractor’s own cost, satisfactorily dispose of, or cause to be disposed of, all plants, building rubbish, waste products, debris, unused materials, concrete forms, and other equipment used during the construction of the improvements.

In the event that Contractor fails to perform this final cleanup, City may remove and/or dispose of the articles or materials at Contractor’s expense. 900-36 Differing Conditions
A. Contractor may not willfully install work as shown on the drawings when it is obvious in the field that obstructions, grade differences or differences in the area dimensions exist that might not have been considered or observed during design. Contractor m ust promptly notify Engineer and the agency having jurisdiction by telephone and in writing upon discovery of, and before disturbing, any physical conditions differing from those represented by approved plans and specifications. In the event this notifica tion is not performed, Contractor must assume full responsibility for necessary revisions.

B. If the performance of all or any portion of the work is suspended or delayed by Engineer in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and Contractor believes that additional compensation and/or contract time is due as a result of such suspension or delay, Contractor shall submit to Engineer in writing a request for adjustment within seven calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment.

C. Upon receipt, Engineer will evaluate Contractor's request. If Engineer agrees that the cost and/or time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of Contractor, its suppliers, or subcontractors at any approved tier, and not caused by weather, the Engineer will make an adjustment (excluding profit) and modify the contract in writing accordingly. Contractor shall be notified of the Engineer's determination whether or not an adjustment of the contract is warranted.

D. No contract adjustment will be allowed unless Contractor has submitted the request for adjustment within the time prescribed.

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35 E. No contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided or excluded under any other term or condition of this contract.

F. The Engineer reserves the right to make, in writing, at any time during the work, such changes in quantities and such alterations in the work as are necessary to satisfactorily complete the project. Such changes in quantities and alterations shall not invalidat e the contract nor release the surety, and Contractor agrees to perform the work as altered.

G. If the alterations or changes in quantities significantly change the character of the work under the contract, whether such alterations or changes are in themselves significant changes to the character of the work or by affecting other work cause such othe r work to become significantly different in character, an adjustment, excluding anticipated profit, will be made to the contract. The basis for the adjustment shall be agreed upon prior to the performance of the work. If a basis cannot be agreed upon, then an adjustment will be made either for or against Contractor in such amount as Engineer may determine to be fair and equitable.

H. If the alterations or changes in quantities do not significantly change the character of the work to be performed under the contract, the altered work will be paid for as provided elsewhere in the contract.

I. The term “significant change” shall be construed to apply only to the following circumstances:

1) When the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction

2) A major item of work, as defined elsewhere in this contract. 900-37 Final Inspection and Punch List
A. Attention is directed to Section 7-1.14 “Acceptance of Contract ” of City of Goleta Construction Specifications and these Special Provisions.

B. When the work has been completed, Engineer will make the final inspection and final project walk -through with Contractor. Engineer will create a punch list of deficient items that need to be corrected by Contractor. Engineer reserves the right to add items to the project’s punch list as deemed necessary. All punch list items must be completed within five working days of notice to Contractor. Punch list items must be accounted for in the project construction schedule within the project working days. Contractor shall not be granted additional working days for the completion of the punch list items. 246
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36 900-38 Construction As-Built Drawings
A. Contractor must maintain a complete and accurate record of all changes of construction from that shown in these plans and specifications for providing a basis for construction as-built drawings. These drawings must be maintained on-site during the course of construction and updated monthly, at minimum.

B. Contractor must use a job set of contract drawings, clearly labeled “Construction As -Built Drawings,” to record all changes in construction.

Completely, accurately, and legibly mark the job set of as-built drawings in red ink to record actual construction. Use additional copies of prints, if necessary, to ensure legible recording of data and date all entries. Call attention to the entry by drawing a “cloud” around the area affected. In case of overlapping changes, use different colors for each change. Ma intain consistent color coding throughout the drawings.

C. Contractor must submit a full-size copy of the updated construction as -built drawings in progress with each progress payment to document the status of the drawings. Progress payments may not be processed until acceptable drawings are submitted. Contractor must submit a complete set of original construction as-built drawings to Engineer ten days after final inspection along with a letter declaring that other than these noted changes on the as -built drawings, “the Project was constructed in conformance with the Contract Documents.” Contractor must provide this set of as -built drawings and letter prior to processing of the final pay estimate.
900-38a Payment
Full compensation for recording construction changes and furnishing the construction as-built drawings is considered included in the prices paid for the various bid items of work and no additional compensation will be allowed therefor. 900-39 Closeout Procedures
A. Attention is directed to Section 9-1.17 “Payment After Acceptance” of City of Goleta Construction Specifications and these Special Provisions.

B. Contractor must submit closeout submittals upon completion of work, including completion of punch list items, at least seven days prior to application for final payment, including, but not limited to the following.

1) Evidence of compliance with requirements of governing authorities.

2) Project record documents and construction as-built drawings.

3) Operations and maintenance manuals.

4) Keys, spare parts, remotes and other required devices. 247
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37 5) Warranties and bonds including an Increase Rider in the amount of final contract.

6) Evidence of payment and release of liens as outlined in conditions of the contract.

7) Survey record documents.

8) Final Release Form CC4 and signed “Acknowledgement of Final Closeout and Release of Claims” . An example form is located within the Appendices of these Special Provisions.
900-40 Measurement and Payment
Payment for all work bid at a price per unit of measurement will be based upon actual quantities of work as measured upon completion. City does not expressly or by implication agree that the actual amount of work or materials of any class will correspond to the estimated quantities given in the proposal. Contractor shall make no claim for anticipated profits, or loss of profit, for damages, or for any extra payment whatever because of any difference between the amount of work actually done or materials furnished and the estimated amount.

Unless otherwise noted in these Special Provisions, full compensation for work, other features, and conforming to the requirements of this Section 900, “General ”, is considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefor.

Work called for on the plans or required by the specifications, but for which no bid item exists is considered included in the prices paid for the various items of work and no separate payment will be made.
900-40a Scope of Payment
The items bid on a “lump sum” basis will result in a complete structure, operating plant, or system, in satisfactory working condition in respect to the functional purpose of the installation and no extra compensation will be allowed for anything omitted but fairly implied. Full compensation for additional materials and labor, whether or not shown on the drawing or specified in the Standard Specifications or these Special Provisions, which are necessary to complete all work will be considered as inclu ded in the lump sum price paid for the work, and no additional compensation will be allowed therefor.
900-40b Prompt Progress Payment to Subcontractors
A prime contractor or subcontractor shall pay any subcontractor not later than ten days of receipt of each progress payment in accordance with the provision in Section 7108.5 of the California Business and Professions Code concerning prompt payment 248
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38 to subcontractors. The ten days is applicable unless a longer period is agreed to in writing. Any delay or postponement of payment over thirty days may take place only for good cause and with the agency’s prior written approval. Any violation of Section 7109.5 will subject the violating contractor or subcontractor to penalties, sanction and other remedies of that section. This requirement will not be construed to limit or impair any contractual, administrative or judicial remedies otherwise available to Contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor.
900-41 Partial Payments
In addition to Section 9 -1.06 of the City of Goleta Construction Specifications , Contractor shall submit all requests for progress payments using the forms included in the Appendices.
900-41a Form CC1
Progress Payment Request - This form is to be completed and signed by Contractor and attached as a cover sheet to its request for payment. This will be mandatory on all contract requests.
900-41b Form CC2
Progress Payment Request – Detail - This form may be used by Contractor to provide the detail required to verify payment quantities. (City will accept Contractor’s standard form if it provides the required information).
900-41c 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, City will issue a “Balancing Change Order” incorporating all quantity increases and decreases in the contract items of work.
900-42 Final Payments and Claims
In addition to Section 7-3.2 of the Standard Specifications, Contractor shall submit Form CC4: Final Release Form. This form must accompany all requests for final payment (see Appendices).

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39 SECTION 901 MOBILIZATION
901-1 General Requirements
Mobilization work will include all mobilization, demobilization, bonds, and insurance, preparatory and operations work necessary to provide for bonds, insurance, required permits and fees, submittals, shop drawings, project phasing, multiple move-ins and move-outs required to prosecute the work, supervision, coordination and concurrent work with other contractors, meetings, preparing “as-built” plans or record drawings, movement of personnel, equipment, supplies, and incidentals to and from the project site; the establishment of all other facilities necessary for work on the project; for all other work and operations which must be perfo rmed or costs incurred prior to beginning work on the various contract items of work at the project site; and work and improvements called for or implied by the Contract Documents, which are not included in the other bid items but are required to complete the Work. 901-1a Construction Staging
Contractor shall be allowed to stage only in areas designated on the plan. 901-2 Measurement and Payment
Payment for mobilization will be made at the contract lump sum price under the “General Conditions/Mobilization” Lump Sum price bid. This price will be considered full compensation for the furnishing of all materials and for all labor, equipment, tools, and incidentals necessary to complete the item. Measurement: This pay item will be a lump sum item for Mobilization complete in accordance with the Contract Specifications and no measurement will be made therefor.

Compensation: Payments for mobilization will be made in accordance with California Public Contract Code – PCC Section 10264, which is summarized here:
• When 5 percent of the original contract amount is earned, 50 percent of the pay item for mobilization may be paid.
• When 10 percent of the original contract amount is earned, 75 percent of the pay item for mobilization may be paid.
• When 20 percent of the original contract amount is earned, 95 percent of the pay item for mobilization may be paid.
• When 50 percent of the original contract amount is earned, 100 percent of the pay item for mobilization may be paid.

Note: The maximum bid item amount for "General Conditions/Mobilization" shall be not more than ten percent of the original contract amount. 250
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40 SECTION 902 TRAFFIC CONTROL, PARKING RESTRICTION, AND SIGNAGE 902-1 General
A. Traffic control must be coordinated to minimize inconvenience and maximize safety of the public during the construction period. Traffic control must be installed and in accordance with the California Manual on Uniform Traffic Control Devices (CA MUTCD), Section 12, “Temporary Traffic Control” of the Standard Specifications and these Special Provisions. Traffic includes vehicles, bicycles, pedestrians and other modes of transportation.

B. All arterial streets (four or more lanes) traffic control must be performed by a sub-contracted company specializing in traffic control for street work possessing a C-31 License issued by Contractor’s State License Board of the State of California.

C. Personal vehicles of Contractor’s employees may not be parked on the traveled way or shoulders of the construction zone, including any section closed to public traffic. Employees’ personal vehicles may be parked on adjacent streets within the legal parking areas.

D. All haul routes must be submitted to Engineer for review and approved prior to the start of construction.

E. Contractor must allow access to emergency vehicles at all times.

F. When traffic cones or delineators are used to delineate a temporary edge of traveled way, the line of cones or delineators will be considered to be the edge of traveled way. However, Contractor may not reduce the width of an existing lane to less than ten feet without advanced written approval from Engineer.

G. Contractor must furnish and post signage with ample warning, where necessary, to inform the public about closures or restrictions on streets and at parking area entrances. Changeable Message Signs (CMS) shall be provided on each end of all major roadway segments. All CMSs must be locked and password protected.

H. Except as otherwise provided, the full width of the traveled way must be open for use by public traffic on Saturdays, Sundays, and designated legal holidays and when construction operations are not actively in progress.

I. Contractor must minimize the amount of time that traffic signals are not fully operational. Phase and coordinate work such that signals are without detection for only the minimum amount of time.

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41 J. If a traffic loop is damaged, Contractor must notify Engineer immediately. Any traffic loop that is damaged or disconnected prematurely must be replaced within 48 hours of being damaged or disconnected at Contractor’s expense.

If any component in the traffic control system is damaged, displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, Contractor must immediately repair the component to its original condition, or replace such component and return it to its original location. Failure by Contractor to continuously maintain the approved traffic control devices must be sufficient cause for Engineer to stop all work protected by or associated with such traffic control devices

K. Upon completion of the work in an area requiring traffic control, all components of the traffic control system must be removed from the site of the work.

L. Contractor shall be fully responsible for maintaining all traffic control during the construction period and must furnish all traffic control equipment, signs, and barricades necessary to meet the requirements of these specifications, the direction of Engineer and required to complete the project.

M. Contractor must install, test and maintain in operation “Traffic Loops” (if applicable) prior to damaging or disconnecting any traffic loops. 902-2 Traffic Control Plan and Requirements
A. Prior to start of construction Contractor must submit to Engineer for approval a detailed plan for traffic control , trail detours and signal coordination (when required) for the various construction operations.

B. The Traffic Control Plan must show all required barricading, flagman, signage, tapers, and traffic routing as may be required to maintain traffic circulation through, and in the vicinity of construction operations. The plan must show in detail how traffic will be routed through and around the construction site, including traffic from cross streets, alleys, and private drives. The plan must also show the location of signs that will provide advance warning to through traffic of street closure. The Traffic Co ntrol Plan must be prepared in accordance with the CA MUTCD.

C. No construction operations may commence without prior review and approval of the Traffic Control Plan by City Public Works Department and Engineer. If the Traffic Control Plan requires Repetitive Review, each subsequent submittal of the Traffic Control Plan shall be signed and sealed by a Traffic Engineer experienced with Construction Work Zone Traffic Control, with current Registration in California.

D. Engineer may require field alterations of the Traffic Control Plan as necessary to provide for the safety and convenience of public traffic. Contractor must 252
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42 place, relocate or remove components of the traffic control system when directed by Engineer, at no additional cost. Failure to comply with the approved Traffic Control Plan and any direction of Engineer will be grounds for immediate suspension of the construction operation until Contractor makes such changes. If Contractor fails to make required changes in the timeframe required, Engineer may arrange for changes to the traffic control to be made by others and the cost to make such changes will be deducted from amounts due or to become due Contractor.

E. As an integral part of the Traffic Control Plan, Contractor must designate one person as Traffic Lead for traffic control while traffic controls are in place. That person must be on the job site and available to Engineer at all times during construction and for the duration of the project. The Traffic Lead must be in possession of a mobile phone at all times and the cellular number must be provided to Engineer to allow for communication at any time (24 hours per day). The Traffic Lead will be responsible for the proper placement and operation of all traffic control components and have available sufficient additional traffic control equipment in order to quickly execute any field changes as required for the safety of the public or as directed by Engineer for the convenience of public traffic. The Traffic Lead must know and understand the CA MUTCD. The Traffic Lead must have adequate personnel (a minimum of two) and other resources to promptly place and remove any traffic control components as required for the safety of the public or as directed by Engineer.

F. Pedestrian access must be maintained at all times to all business, residences and buildings adjacent to Construction. Contractor must, at minimum, provide pedestrian access on one side of the roadway with proper warnings and detours, and only when permitted by the Traffic Control Plan and approved by Engineer. Under no circumstances may pedestrian access be restricted on both sides of a street simultaneously.

G. The Traffic Control Plan must be designed to handle traffic safely 24 hours per day, seven days per week for the duration of the Work. Traffic deviations, restrictions, detours, and roadway closure must be coordinated with Police and Fire authorities a minimum of 24 hours in advance of implementation.

H. Contractor must maintain traffic circulation at all times including adequate flagging to accommodate public traffic as needed. Flaggers must be equipped in accordance with the Caltrans publication “Instruction to Flaggers;” each flagger must carry a Stop/S low paddle at all times. Radios are required if distance between flaggers exceeds 200 feet or the distance eliminates line of sight. All costs for flaggers must be included in the contract item bid for Traffic Control.

I. Lanes may only be closed upon approval o f Engineer and with an approved Traffic Control Plan. Sufficient arrow boards, CMSs and sufficient traffic 253
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43 control will be required. Lanes may only be closed when work is in progress and restrictions may only be in effect for the minimum amount of time necessary to perform the Work, as determined by Engineer. Lane restrictions near intersections shall be minimized and turn pockets shall be returned to operation as soon as practicable and as directed by Engineer.

J. Traffic restrictions may only be in place when work is in progress and traffic restrictions shall be removed as soon as practicable. Street closures are to be avoided. Street closures require discretionary approval by City Council and require significant justification and processing time and are typically not approved.

K. Prior to the Pre-Construction Meeting, Contractor shall submit a Traffic Control Plan showing traffic control measures and/or, if approved, detours for vehicles and pedestrians affected by the construction work. A maximum of five working days will be required to review and provide Contractor with comments on the plan. Contractor shall revise the plan per City’s comments until the plan is accepted by Engineer. Contractor shall not be allowed to begin work until Engineer has accepted the Traffic Control Plan.

L. The Traffic Control Plan shall cover all stages of work, per site, and include (but not limited to) the following information and detail:

2) Street closures and detours

3) Construction, warming, detour and restriction signs, including “No Parking,” “Loose Gravel,” Construction Area Speed Limit signs, and “Bump Ahead” signs

4) Temporary striping and pavement markers

5) Barricades

6) Flashing arrow signs

7) Lighted message boards

8) Portable delineators

9) Traffic cones

10) Lights, flares, flaggers, and spacings

M. A copy of the accepted Traffic Control Plan must be kept at the job site at all times.

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44 N. Temporary lane closures will be allowed only during approved working hours.

Contractor shall provide at least one lane in each direction on all existing streets throughout the construction project unless otherwise approved in writing by Engineer.

O. When work is performed within an intersection, Contractor shall place the traffic signal in red flash. Contractor shall notify Engineer at least 48 hours in advance of placing a traffic signal on flashing red. City will provide written approval prior to si gnal reprogramming. If no work is being performed within an intersection, Contractor shall place the traffic signal into normal operations.

Flaggers are required to control traffic at intersections placed in red flash.

P. Contractor shall cooperate with and notify the local police and fire department, ambulance services, post office, refuse collectors, schools, and school districts, transit, and residents of proposed traffic control operations a minimum of five working days before work is to begin in each work area. If changes are made to the traffic control plan, Contractor shall re-notify at least two working days before work is to begin. In addition, Contractor shall make available a 24 -hour telephone number in case of emergencies and/or problems.

Q. Contractor shall be responsible for notifying residents and businesses of the proposed construction. Notifications shall be distributed to residents and businesses as described in Section 900-6 Public Notification.

R. Should a restriction in parking be required, Contractor shall post “No Parking” signs on barricades 72 hours prior to restricting parking . At the Pre - Construction Meeting, Contractor shall submit to Engineer a sample “No Parking” sign for acceptance. Contractor shall be responsible for placing temporary “No Parking” signs in advance of any parking restriction.

Parking restriction (no parking) signs posted by Contractor shall be of heavy card stock and not less than 1.75 square feet of surface area on the face.

Background color shall be white, and letter shall be printed in red water resistant ink except that day, date, and time of restriction may be printed in black, w ater resistant ink. The signs shall be printed with the words "Tow Away" and "No Parking" with a character height of not less than 1.5 inches and a stroke width of not less than 0.2 inches. The day, date, and time of the restriction shall be printed or attached below the above-mentioned wording in characters of not less than 1 inch in height and 0.15 inches in stroke width.

The day of the week shall be written out or properly abbreviated with thre e to four letters; date or dates of restriction shall be listed completely; the beginning and ending times shall be clearly listed on the sign. Each sign shall also list the name of Contractor and Contractor's local phone number in characters of not less t han 0.75 -inch height; Contractor shall staff such phone lines to answer all phone inquiries by the public between the hours of 7 a.m. and 6 255
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45 p.m. during construction. Alternate no parking signs will be considered by Engineer and shall include all the above information and shall conform to one of the following combinations of standard sign plates: R26D + R30TA + R26E or R30TA + R30.

Signs shall be mounted such that the words 'No Parking' are at an elevation of at least three feet and not more than seven feet above the adjacent flow line. Signs may be tied with string to trees and power poles, taped to existing sign poles, or mounted to stakes or barricades as provided by Contractor. The signs shall be placed as needed to control the parking of cars within the construction zone; signs shall be placed at intervals of 75 feet or less along each side of the roadway for parallel parking a nd 40 feet or less for angle parking.

S. Emergency access to driveways, intersections, and residential streets shall be maintained at all times. If vehicles are parked in the working area, Contractor shall not attempt to move the vehicle.

Contractor shall provide notification, with photos, of the posted “No Parking” signs, on the day of installation, to City’s Parking Enforcement Officer. On the third day (72 hours), Contractor shall contact the Parking Enforcement Officer to request a vehicle be towed, if necessary. City’s Parking Enforcement Officer Contact information: Kevin Crabtree, [email protected], (805) 562 - 5501.

T. Lane and street closure shall not be allowed without proper advance warning devices, signing and flag persons in conformance with the Standard Specifications and these Special Provisions. At the completion of each working day, all lanes of traffic shall be open to the public. Street closure shall not be allowed on schedule refuse collection days.

U. The provisions in this section will not relieve Contractor from their responsibility to provide such additional devices or take such measures as may be necessary to comply with the provisions in Section 5-7, “Safety,” of the Standard Specifications.
902-3 Construction Signage
A. N/A
902-4 Street Work Requirements
Street surfaces must be restored and cleared of traffic control for the safe flow of traffic no later than 4:00 p.m. or the time listed in the Plans, these Special Provisions, or the time specified by Engineer, whichever is more restrictive. 256
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46 902-5 Temporary Pavement Markers
A. Wherever Contractor's operations obliterate pavement delineation (pavement delineation includes lane lines, stop bars, legends, symbols, crosswalks and school crosswalks; either pavement markers or painted lane lines, or both, parking lot legends, stall striping, and any oth er delineation), such pavement delineation must be replaced at Contractor's expense by either permanent or temporary delineation, as required, before opening the traveled way to public traffic. Reflective traffic line tape or tabs must be applied in accord ance with the manufacturer’s instructions. Temporary delineation must be the same color as the permanent delineation. Tape or tabs can only be used for temporary lane lines, or they can be painted at Contractor’s option, prior to the opening of traffic lanes.

B. A minimum of three working days prior to the planned date for placing painted temporary or permanent striping and marking, Contractor must request Engineer approve the “cat-tracking”.
902-6 Measurement and Payment
Full compensation for the required traffic control, parking restriction, and signage and conforming to the requirements of this section will be considered as included in the contract prices paid for the various items of work involved , and no additional compensation will be allowed.

SECTION 903 WATER POLLUTION CONTROL PLAN (WPCP)
903-1 General
A. Attention is directed to Section 3-12.6.2 “Stormwater Pollution Prevention Plan” of the Standard Specifications and these Special Provisions.

B. Discharges of stormwater from the project must comply with the permit issued by the Central Coast RWQCB for National Pollutant Discharge Elimination System (NPDES) Permit No. CAS000002, Permit No. (Order No. 2009-0009- DWQ). The Central Coast RWQCB permit governs stormwater and non - stormwater discharges resulting from construction activities in the project area.

The Central Coast RWQCB permit may be viewed at Central Coast RWQCB office located at 895 Aerovista Place, Suite 101 San Luis Obispo, CA 93401.

C. Contractor shall prepare and maintain a Stormwater Pollution Prevention Plan (SWPPP) or Water Pollution Control Plan (WPCP), which describes in specific detail Contractor’s program to prevent contamination of the stormwater collection system. Contractor shall implement, maintain, inspect and remove all erosion and sediment controls identified in the WPCP. The program shall address both common construction activities and extraordinary events.

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47 D. Contractor shall include Water Pollution Control Drawings (WPCD) in the WPCP to illustrate the locations, applications , and deployment of best management practices (BMPs) identified in the WPCP. The WPCD shall be included as an attachment to the WPCP. Sample WPCDs can be obtained from the Caltrans Storm Water Quality Handbook. The WPCP shall also comply with the Central Coastal Regional Water Quality Control Board Phase II Municipal Separate Storm Sewer System Program (Order No. 2013 -0001 DWQ).

E. Contractor shall comply with laws, rules, and regulations of the State of California and agencies of the United States Government prohibiting the pollution of lakes, wetlands, streams, or river waters from the dumping of contaminates, refuse, rubbish, or debris.

F. Contractor shall submit one copy of the WPCP to City a minimum of ten working days prior to beginning construction. Construction shall not begin until the WPCP is approved. Contractor shall update the WPCP as necessary during the work to prevent contamination of the stormwater collection system.

G. Before start of work, Contractor shall train all employees and subcontractors on the WPCP and related WPCD.

H. Suggested BMPs can be obtained from the following sources:

1) Central Coastal Regional Water Quality Control Board Phase II Municipal Separate Storm Sewer System Program /Order 2013 -0001 at Central Coast Regional Water Quality Control Board web site at:

https://www.waterboards.ca.gov/centralcoast/ and
https://countyofsb.org/pwd/sbpcw/water-quality/storm-water- management.sbc

2) California Stormwater BMP Handbooks for Construction or Municipal Activities –

www.cabmphandbooks.com

3) Caltrans’ Stormwater Quality Handbooks –

http://www.dot.ca.gov/hq/construc/stormwater/stormwater1.htm 258
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48 903-2 Construction
A. Contractor shall keep a copy of the WPCP on the job site. Contractor shall provide continuously at the jobsite all the tools, equipment, and materials necessary to implement the WPCP at all times from project initiation through completion, including any punch list or warranty work on the project. At a minimum the followin g requirements should be met as applicable, to the maximum extent practicable, at construction sites regardless of size:

1) Storm Drain System Protection – At the first order of work, Contractor shall protect the existing storm drain system from entrance of construction debris and pollutants. Such protection shall include implementing the BMPs as outlined in the WPCP. Protection shall prohibit the discharge of untreated runoff from temporary or permanent street maintenance/landscape maintenance material and waste storage areas from entering the storm drain system. Sediment that is generated on the project site shall be retained using structural drainage controls. In addition, the protection system shall have a minimum of three features:

i. a particulate filter of geosynthetic material securely fastened in place such that it cannot be bypassed without significant physical damage

ii. A pre-filter for the particulate filter

iii. On-hand materials to close off the inlet or opening in the case of a significant pollution spill. Contractor shall monitor and maintain all storm drain inlet protection devices during rain events to prevent flooding

2) Material Management & Storage – No construction-related materials, wastes, spills or residues shall be discharged from the project site to streets, drainage facilities or adjacent properties by wind or runoff. All materials and/or equipment storage areas where liquid construction materials are placed shall be protected by a physical barrier capable of containing the entire volume of stored liquid materials. During active construction activities, portions of the barrier may be removed for access. However, the barrier materials must be readily accessible for replacement by onsite construction personnel. The barrier must be in place at all times during the absence of Contractor personnel at the storage site. Building materials should be placed on pallets an d covered in the event of rain. Do not store materials in the street or gutter area.

3) Equipment & Vehicle Maintenance – Non-stormwater runoff from equipment and vehicle washing and any other activity shall be 259
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49 contained at the project site and shall not be allowed to discharge from the project site to streets, drainage facilities or adjacent properties by wind or runoff. Contractor shall inspect vehicles and equipment on each day of use. Leaks shall be repaired off -site if possible. If necessary to repair on site, the runoff must be contained, or the problem vehicle or equipment shall be removed from the project site until repaire d. If necessary, drip pans should be placed under the vehicles or equipment while not in use to catch and/or contain drips and leaks.

4) Soil Erosion Control – Erosion from slopes and channels will be significantly reduced by implementing BMPs, including but not limited to, minimizing grading activities during the wet season, inspecting graded areas during rain events, planting and maintaining vegetation on slopes, and covering slopes susceptible to erosion.

5) Spill Prevention & Cleanup Plan - Contractor shall have a spill prevention plan and spill cleanup materials readily available and addressed in the WPCP. Spills shall be cleaned up immediately using dry methods if possible. Spill cleanup material shall be properly disposed of. Refer t o SC-11 Spill Prevention BMP from the California Stormwater BMP Handbook for Municipal Activities . Contractor shall keep a record of any spills in the inspection log. In addition, at the end of the project, Contractor must certify that all contaminated materials have been properly disposed in accordance with the WPCP.

6) Asphalt & Concrete & Related Activities – Contractor shall implement the following BMPs:

i. Restrict paving/repaving activity to exclude periods of rainfall or predicted rainfall unless required by emergency conditions.

ii. Install sandbags or gravel bags and filter fabric at all susceptible storm drain inlets and at manholes to prevent spills of paving products and tack coat.

iii. Prevent the discharge of release agents including soybean oil, other oils, or diesel to the storm drain system or receiving waters.

iv. Minimize non-stormwater runoff from water use for the roller and for evaporative cooling of the asphalt.

v. Clean equipment over absorbent pads, drip pans, plastic sheeting or other material to capture all spillage and dispose of properly.

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50 vi. Collect liquid waste in a container, with a secure lid, for transport to a maintenance facility to be reused, recycled or disposed of properly.

vii. Collect solid waste by vacuuming or sweeping and securing in an appropriate container for transport to a maintenance facility to be reused, recycled, or disposed of properly.

viii. Cover the cold mix, asphalt, materials (i.e., pre-mixed aggregate and asphalt binder) with protective sheeting during a rainstorm.

ix. Cover loads with tarp before haul -off to a storage site, and do not overload trucks.

x. Minimized airborne dust by using water spray during grinding.

xi. Avoid stockpiling soil, sand, sediment, asphalt material and asphalt grinding material or rubble in or near storm water drainage systems or receiving waters.

xii. Protect stockpiles with a cover or sediment barriers during a rain event.

7) Sidewalk Washing – The following methods should be utilized to prevent discharge of sidewalk cleaning wastewater into the storm drain system:

i. Sweep and pick up all areas to be cleaned before using water.

ii. Manually scrape gum from sidewalks and other surfaces.

iii. Use a wet/dry vacuum to collect wash water for disposal. Large volumes of wash water may require the use of a small sump pump to remove wash water from the job site.

iv. One or more of the following methods are recommended to prevent pollutants from entering the storm drain system:

• Sandbags can be used to create a barrier around storm drains.*

• Rubber mats or plugs can be used to seal drain openings.*

• Temporary berms or containment pads help keep water on site.*

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51 • Use berms of sandbags to direct wash -water to
landscaping.*

• Use large squeegees to accumulate sheet flow for
collection.

v. Wash water that may contain hazardous waste such as oil - saturated absorbents, water with lead or other heavy metals from oxidized paint, and solvent cleaners requires special treatment and must be disposed of through a hazardous waste facility.

8) Employee BMP Training – Contractor shall train employees and subcontractors on BMP implementation, general good housekeeping, and proper spill containment and cleanup. Before start of work, Contractor shall provide City with written documentation of training and keep all documentation in the WPCP.

9) Removal of Accumulated Rainwater – Contractor shall follow City of Goleta Guidelines for Removal of Rainwater that has accumulated on the job site.
903-3 Measurement and Payment
Contractor will be paid for work of preparing, implementing, inspecting, maintaining, and removing the WPCP on a lump sum basis as shown in the Bid Schedule for “Water Pollution Control Plan ”. In addition, failure to perform and document the required daily inspections will result in a daily liquidated damage of $250/calendar day. This liquidated damage will be in addition to any other liquidated damage. The imposition of the penalty will not relieve Contractor of any obligations of these project requirements.

Payment for the work involved under the bid item for the Water Pollution Control Plan may be made on a partial payment system based on the completion of the following stages of work:

Work Description Payment
Develop Plan 10% of Bid Price
Initial Plan Implementation 10% of Bid Price
Removal of BMPs at Completion 10% of Bid Price
Inspection & Maintenance of WPCP 70% of Bid Price 262
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52 Payment for the WPCP shall include all the labor, materials, equipment, and incidentals for preparing, maintaining, and updating a WPCP and complying with all provisions including maintenance and updating of BMPs throughout construction, as specified herein.

Fines and penalties from regulatory agencies levied against City as a result of Contractor’s work, including actions or inactions shall be the responsibility of Contractor and may be deducted from payments due or to become due Contractor.

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53 SECTION 904 MEASUREMENT AND PAYMENT
904-1 General
A. Measurement will be in accordance with Standard Specification unless otherwise specified.

Bid Item List Abbreviations
Abbreviation Meaning
CF Cubic Foot
CY Cubic Yard
EA Each
(F) Final Pay Item
GAL Gallon
HR Hour
LB Pound
LF Lineal foot
LS Lump sum
SF Square foot
SY Square yard
TN 2,000 Pounds

B. When an item of work is designated as (F) in the bid schedule, then the item will be a final pay item for payment purposes only. For a final pay item, payment will be based on the quantity shown in the bid schedule for that item, regardless of the actual quantity used, unless the item quantity is changed by Engineer.
904-2 Measurement and Payment
Payment for the various items of the Bid Schedule, as further specified herein, will include all compensation to be received by Contractor for furnishing all tools, equipment, supplies, and manufactured articles, and for all labor, operations, and incidentals appurtenant to the items of work being described, as necessary to complete the various items of work as specified and shown on the drawings, including all appurtenances thereto complete and in place, and including all costs of compliance with the regulations of public agencies having jurisdiction.

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CITY OF GOLETA

APPENDIX

MISCELLANEOUS FORMS AND

DOCUMENTS
FOR

ELLWOOD MESA MONARCH BUTTERFLY HABITAT

MANAGEMENT PLAN (MBHMP) PHASE I
IMPLEMENTATION – IRRIGATION MAINLINE

A. LAPM Exhibit 16A Weekly Statement of Working Days

B. City of Goleta Monthly Project Payment Estimate Forms

C. Sample Door Hanger Notification

D. Post-Construction Waste Reduction & Recycling
Summary Report

E. Notice Regarding Assembly Bill 626

F. Maintenance Bond Guarantee and Warranty Security

G. Best Management Practices (BMP) Devices

H. Contractor’s Daily Report Template

I. Water Pollution Control Plan (WPCP)

CITY PROJECT NO. 9112
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Back of Cover Sheet

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CITY OF GOLETA

Appendix A
LAPM Exhibit 16A Weekly Statement of Working Days

267

I
Local Assistance Procedures Manual Exhibit 16-A
Weekly Statement of Working Days
Exhibit 16-A:

WEEKLY STATEMENT OF WORKING DAYS

JOB STAMP
REPORT NUMBER:

CONTRACTOR: WEEK ENDING (month, day, year):

Date
(A)
Day
(B)
Weather Conditions or Other Explanation1
(C)
Working Day
(D)
Nonworking Day
(E)
Working Day No Work Done
on Controlling Activity
6 (F)
1 2
Monday
3 Tuesday
4 Wednesday
5 Thursday
6 Friday
7 8 Days this week (total lines 1D thru 7D)
9 Days previously reported (take from previous week’s report) 10 Total working days to date (lines 8D + 9D)
Change Order Time Adjustments Change Order
Days Approved Change Order Numbers2
11 12
Days this report
Days previously reported (taken from previous week’s report) 13 Total change order days to date (lines 11D + 12D)
Computation of Extended Date for Completion Number of
Days Numbered Day4 Date
14 First working day
15 Original working days specified in contract
16 COMPUTED DATE FOR COMPLETION (line 14E + line 15D minus 1) 17 Total change order days approved to date (from line 13) 18 Total Nonworking days to date 3 (from box 10E)
19 EXTENDED DATE FOR COMPLETION (line 16E + line 17D + line 18D) 20 Revised working days for contract (line 15D + line 17D) 21 Total working days to date (from box 10D)
22 WORKING DAYS REMAINING (line 20D – line 21D)
CONTROLLING ACTIVITY(IES) 5 :

REMARKS:

The contractor will be allowed fifteen (15) days in which to protest in writing the correctness of the statement; otherwise, the statement shall be deemed to have been accepted by the contractor as correct.

NOTE: Footnote Instructions to Resident Engineer are on page 2.

RESIDENT ENGINEER SIGNATURE:

DATE:

Distribution: Original -- Contractor; Copy -- Resident Engineer

Page 1 of 2 ends

Goleta City CouncilSeptember 17, 2024

Goleta City Council
September 17, 2024