ATTACHMENT 2
San Jose Creek Multipurpose Path Northern and Southern Segments Project Specifications
239
BOOK 1 OF 2
BID BOOK
FOR
SAN JOSE CREEK MULTIPURPOSE PATH – NORTHERN AND
SOUTHERN SEGMENTS
CITY PROJECT NUMBER: 9006
FEDERAL AID PROJECT NUMBER: BRLS-5481(022)
FOR USE WITH CALTRANS STANDARD SPECIFICATIONS DATED 2023, CALTRANS STANDARD PLANS DATED 2023 AND LABOR SURCHARGE AND EQUIPMENT RATES OF
THE CALIFORNIA DEPARTMENT OF TRANSP ORTATION INSOFAR AS THE SAME MAY APPLY AND IN ACCORDANCE WITH THE SPECIAL PROVISIONS.
Pre-Bid Meeting:
9:00 A.M. PST Thursday, April 17, 2025
City of Goleta, 130 Cremona Drive, Suite B
Goleta, CA 93117
Bids to be received before:
3:00 P.M. PST Thursday, May 8, 2025
PlanetBids
240
City of Goleta
Contract Documents
SAN JOSE CREEK MULTIPURPOSE PATH – NO
RTHERN AND SOUTHERN
SEGEMENTS
241
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
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SECTION I
NOTICE TO CONTRACTORS
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NTC 1
NOTICE TO CONTRACTORS
INVITING SEALED BIDS
FOR THE
SAN JOSE CREEK MULTIPURPOSE PATH – NO RTHERN AND SOUTHERN
SEGMENTS
City Project Number: 900 6
Federal Project Number: BRLS-5481(022)
PUBLIC NOTICE IS HEREBY GIVEN that the City of Goleta (“CITY”), invites sealed bids f
or the above stated project and will receive such bids via electronic transmission on the City of Goleta Planet Bids portal site unt il Thursday, May 8, 2025, at 3:00 P.M. PST Late proposals will be rejected. No exceptions.
Copies of the Contract Documents an d the Proposal Forms for bidding the project, may be obtained from the PlanetBids Website: https://pbsystem.planetbids.com. P roposals which do not acknowledge addendums to the project documents will be rejected.
A
ll 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 pr
e -bid meeting will be held at Thursday April 17, 2025, at 9:00 A.M. PST.
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.
Bidders are advised that, as required by federal law, the City of Goleta is implementing Disadvantaged Business Enterprise (DBE) requirements. Section 2 BIDDING under subsection title DISADVANTAGED BUSINESS ENTERPRISES and Section 5 CONTROL OF WORK under subsection titled SUBCONTRACTING of the Special Provisions cover the DBE requirements.
The DBE contract goal for this project is:
16%.
THIS PROJECT IS SUBJECT TO THE “BUY AMERICA” PROVISIONS OF THE SURFACE TRANSPORTATION ASSISTANCE ACT OF 1982 AS AMENDED BY THE INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT OF 1991 AS AMENDED BY TITLE IX OF THE INFRASTRUCTURE INVESTMENT AND JOBS ACT OF 2021 (“BUILD AMERICA, BUY AMERICA ACT”).
P
ursuant 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.html. The Contractor is required to post a copy of the applicable wage rates at 244
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the job site. Attention is directed to Section 7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC of the State Standard Specifications.
The Federal minimum wage rates for this project as predetermined by the United States Secretary of Labor are set forth in the Contract Documents and in copies of this book that may be examined at the offices described above where project plans, special provisions, and proposal forms may be seen. Addenda to modify the Federal minimum wage rates, if necessary, will be issued to holders of the Contract Documents. Future effective general prevailing wage rates, which have been predetermined and are on file with the California Department of Industrial Relations, are referenced by not printed in the general prevailing wage rates.
Attention is directed to the Federal minimum wage rate requirements in the Contract Documents. If there is a difference between the minimum wage rates predetermined by the Secretary of Labor and the general prevailing wage rates determined by the Director of the California Department of Industrial Relations for similar classifications of labor, the Contractor and subcontractors shall pay not less that the higher wage rate. The City of Goleta will not accept lower State wage rates not specifically include d in the Federal minimum wage determinations. This includes “helper” (or other classifications based on hours of experience) or any other classification not appearing in the Federal wage determinations. Where Federal wage determinations do not contain the State wage rate determination otherwise available for use by the Contractor and subcontractors, the Contractor and subcontractors shall pay not less than the Federal minimum wage rate, which most closely approximates the duties of the employees in question.
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 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 bi d amount included with their proposals as required by California law.
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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 SAN JOSE CREEK MULTIPURPOSE PATH – NORTHERN AND SOUTHERN SEGEMENTS.”
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 i
nvolved 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 tim e 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 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.
T
he successful Bidder will be required to furnish a Performance Bond and a Payment Bond each in an amount equal to 100% of the Contract Price. Each bond shall be in the forms set forth herein, shall be secured from a surety company that meets all State of California bonding requirements, as defined in Code of Civil Procedure Section 995.120, and that is a California admitted surety insurer.
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the DIR. No Bid will be accepted, nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the DIR to perform public work. If awarded a contract, the Bidder and its subcontractors, of any tier, shall maintain active registration with the DIR for the duration of the Project. Failure to provide proof of the contractor’s current registration pursuant to Labor Code Section 1725.5 may result in rejection of the bid as non-responsive.
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.
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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 B
arbara Independent : March 13, 2025, and March 20, 2025
END OF NOTICE TO CONTRACTORS
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SECTION II
BIDDING INSTRUCTIONS
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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, State Standard Plans, State Standard Specifications, Revised State 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 C hange 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.
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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 sp ecialty 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.
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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, 251
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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.
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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 BI
D 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 253
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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, be tween 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. Line Items in PlanetBids will be removed and the bidder shall submit the schedule of bid items using the proposal form in the Contract Documents.
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.
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12.1 Bids may not be modified, withdrawn, or canceled within one hundred twenty (120) calendar days after the bid deadline unless otherwise provided in any supplementary instructions to bidders. The bidder shall be prohibited from further bidding on the project and the bid bond shall be forfeited. The City, at its discretion, may award the bid to the next responsive and responsible bidder. In the event the next bidder refuses to enter into the contract, that bidder’s bid bond shall then be forfeited. 13 OPENING OF BIDS.
13.1 Bids submitted in the manner required by these instructions and received on or before the bid deadline will be opened 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 255
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products, services, or supplies offered; to not purchase all items or the full quantity of each item listed in the Bid Item List; reject any or all Bids; waive any deficiencies, irregularities, or informalities in any Bids or in the bidding process; modify , cancel, or withdraw the Notice Inviting Sealed Bids; issue a new Notice Inviting Sealed Bids; suspend or abandon the Project; seek the assistance of outside technical experts in Bid evaluation; require a bidder to provide a guarantee (or guarantees) of the Contract by a third party; and not issue a Notice to Proceed after execution of the Contract. In submitting a Bid in response to the Notice Inviting Sealed Bids, the bidder is specifically acknowledging the City holds these rights. The Notice Inviting S ealed 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. 256
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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 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 releas e. 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.
257
BI- 10
18 BID PROTEST.
Any registered Bidder may file a protest provided that each and all of the following are complied with:
18.1 The bid protest is in writing;
18.2 Protests based upon alleged defects or improprieties in the 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.
258
SECTION III
PROPOSAL
259
PROP- 1
SECTION III PROPOSAL
BID PROPOSAL
FOR
SAN JOSE CREEK MULTIPURPOSE PATH – NO RTHERN AND SOUTHERN
SEGEMENTS
TO THE CITY OF GOLETA (“City”):
In accordance with City’s Notice Inviting Sealed Bids, the undersigned Bidder her
by proposes to furnish all materials, equipment, tools, labor, and incidentals required for the SAN JOSE CREEK MULTIPURPOSE PATH – NORTHERN AND SOUTHERN SEGEMENTS 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, P
lans, 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 9 -1.06B INCREASES OF MORE THAN 25 PERCENT and Section 9- 1.06C DECREASES OF MORE THAN 25 PERCENT . 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.
260
PROP- 2
SECTION III BID PROPOSAL
FOR
SAN JOSE CREEK MULTIPURPOSE PATH – NO RTHERN AND SOUTHERN
SEGEMENTS
The Project insurance requirements are per the State 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: A rea 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 P roject Plans described below, including any addenda thereto, the contract annexed hereto, and also in conformance with the California Department of 261
PROP- 3
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 D
ocuments entitled SAN JOSE
CREEK MULTIPURPOSE PATH – NORTHERN AND SOUTHERN SEGEMENTS City of Goleta, California.
T
he 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 construction of streets or highways, including bridges, in excess of one-half of one percent 262
PROP- 4
(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.
263
PROP- 5
SAN JOSE CREEK MULTIPURPOSE PATH – NORTHERN AND SOUTHERN
SEGEMENTS
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. 264
CONTRACTOR:
ITEM
FINAL
PAY
ITEM
CODE DESCRIPTION UNIT
EST.
QUANT. UNIT PRICE AMOUNT
1 070000A CONSTRUCTION STAKING LS 1
2 080060 LEVEL 2 CRITICAL PATH METHOD
SCHEDULE LS 1
3 090100 TIME RELATED OVERHEAD (WDAY) WDAY 220
4 090205 DISPUTE RESOLUTION BOARD ON-
SITE MEETING EA 6
5 100100 DEVELOP WATER SUPPLY LS 1
6 100101A RESIDENT ENGINEERS OFFICE LS 1
7 120090 CONSTRUCTION AREA SIGNS LS 1
8 120100 TRAFFIC CONTROL SYSTEM LS 1
9 120110 FLASHING ARROW SIGN EA 1
10 120116 TYPE II BARRICADE EA 2
11 120120 TYPE III BARRICADE EA 1
12 120165 CHANNELIZER (SURFACE
MOUNTED) EA 31
13 120320 TEMPORARY BARRIER SYSTEM LF 900
14 128651
PORTABLE CHANGEABLE MESSAGE
SIGN (EA) EA 2
15 129110 TEMPORARY CRASH CUSHION EA 2
16 130100 JOB SITE MANAGEMENT LS 1
17 130300 PREPARE STORM WATER
POLLUTION PREVENTION PLAN LS 1
18 130330 STORM WATER ANNUAL REPORT EA 2
19 130505 MOVE IN/MOVE OUT (TEMPORARY
EROSION CONTROL) EA 2
20 130530 TEMPORARY HYDRAULIC MULCH
(BONDED FIBER MATRIX) SQYD 4,000
21 130640 TEMPORARY FIBER ROLL LF 3,700
22 130650 TEMPORARY GRAVEL BAG BERM LF 1,460
23 130710 TEMPORARY CONSTRUCTION
ENTRANCE EA 2
24 130730 STREET SWEEPING LS 1
25 130900 TEMPORARY CONCRETE WASHOUT LS 1
SAN JOSE CREEK MULTIPURPOSE PATH
FEDERAL AID NUMBER
5481 (022)
SCHEDULE OF BID ITEMS
SEGMENT 1: NORTHERN EXTENT
PROP- 6
PAGE 1 of 9
265
ITEM
FINAL
PAY
ITEM
CODE DESCRIPTION UNIT
EST.
QUANT. UNIT PRICE AMOUNT
26 141120 TREATED WOOD WASTE LB 150
27 146009 RESTORATION CONTRACTOR
MITIGATION WORK LS 1
28 160110 TEMPORARY HIGH-VISIBILITY
FENCE LF 3,090
29 170103 CLEARING AND GRUBBING (LS) LS 1
30 190101 ROADWAY EXCAVATION CY 1,700
31 192037 STRUCTURE EXCAVATION
(RETAINING WALL) CY 2,071
32 193013 STRUCTURE BACKFILL (RETAINING
WALL) CY 939
33 198250 GEOSYNTHETIC REINFORCEMENT SQYD 119
34 204099 PLANT ESTABLISHMENT WORK LS 1
35 204031 REMOVE TREE EA 59
36 210010 MOVE IN/MOVE OUT (EROSION
CONTROL) EA 2
37 210212 DRY SEED (SQFT) SQFT 13,800
38 210270 ROLLED EROSION CONTROL
PRODUCT (NETTING) SQFT 13,800
39 210350 FIBER ROLLS LF 2,600
40 260203 CLASS 2 AGGREGATE BASE (CY) CY 300
41 260304A 3/4" CRUSHED ROCK CY 305
42 390132 HOT MIX ASPHALT (TYPE A) TON 52
43 398001 REMOVE ASPHALT CONCRETE
PAVEMENT (SQFT) SQFT 530
44 011269 PERVIOUS CONCRETE PAVEMENT CY 205
45 046733 STEEL PEDESTRIAN RAILING LF 402
46 475000 RETAINING WALL STEM (TYPE 6) SQFT 364
47 490553 FURNISH STEEL SHEET PILING SQFT 525
48 490554 DRIVE STEEL SHEET PILING SQFT 525
49 510060 STRUCTURAL CONCRETE,
RETAINING WALL CY 480
50 510092 STRUCTURAL CONCRETE,
HEADWALL CY 15
51 511010 CONCRETE SURFACE TEXTURE
(FRACTURED FIN) SQFT 2,983
52 520103 BAR REINFORCING STEEL
(RETAINING WALL) LB 59,814
53 600025 REMOVE RETAINING WALL
(PORTION) (LF) LF 510
54 650014 18" REINFORCED CONCRETE PIPE LF 190
PROP- 6
PAGE 2 of 9
266
ITEM
FINAL
PAY
ITEM
CODE DESCRIPTION UNIT
EST.
QUANT. UNIT PRICE AMOUNT
55 650018 24" REINFORCED CONCRETE PIPE LF 66
56 700617 DRAINAGE INLET MARKER EA 1
57 707117 36" CONCRETE PIPE INLET (TYPE
OCPI) LF 43
58 707225 48" PRECAST CONCRETE PIPE
MANHOLE LF 13
59 710136 REMOVE PIPE (LF) LF 40
60 710152 REMOVE HEADWALL EA 1
61 723030 ROCK SLOPE PROTECTION (1/2 T,
CLASS VII, METHOD A) (CY) CY 225
62 723080 ROCK SLOPE PROTECTION (60LB,
CLASS II, METHOD B)(CY) CY 11
63 723096A ROCK SLOPE PROTECTION
(GRAVEL FILTER) CY 37
64 723180
CONCRETED-ROCK SLOPE
PROTECTION (60 LB, CLASS II,
METHOD B) (CY)
CY 11
65 729011 ROCK SLOPE PROTECTION FABRIC
(CLASS 8) SQYD 165
66 730010 MINOR CONCRETE (CURB) (LF) LF 2,070
67 731504 MINOR CONCRETE (CURB AND
GUTTER) CY 7
68 731516 MINOR CONCRETE (DRIVEWAY) CY 3
69 731521 MINOR CONCRETE (SIDEWALK) CY 27
70 731710 REMOVE CONCRETE (CURB) (LF) LF 230
71 731780 REMOVE CONCRETE SIDEWALK
(SQYD) SQYD 65
72 731840 REMOVE CONCRETE (CURB AND
GUTTER) LF 51
73 780460 ANTI-GRAFFITTI COATING SQFT 3,564
74 782111 RESET BENCH EA 1
75 782112 RESET TRASH RECEPTACLE EA 1
76 800053 DEAD END BARRICADE LF 28
77 800103 TEMPORARY FENCE (TYPE CL-6) LF 55
78 800360 CHAIN LINK FENCE (TYPE CL-6) LF 1,790
79 801360 12' METAL GATE EA 2
80 803050 REMOVE CHAIN LINK FENCE LF 650
81 803160 RESET GATE EA 1
82 803131 RECONSTRUCT DEAD END
BARRICADE LF 40
PROP- 6
PAGE 3 of 9
267
ITEM
FINAL
PAY
ITEM
CODE DESCRIPTION UNIT
EST.
QUANT. UNIT PRICE AMOUNT
83 803221 WOOD RAIL FENCE LF 360
84 820250 REMOVE ROADSIDE SIGN EA 4
85 820610 RELOCATE ROADSIDE SIGN EA 3
86 820750 FURNISH SINGLE SHEET ALUMINUM
SIGN (0.063"-UNFRAMED) SQFT 70
87 820840 ROADSIDE SIGN - ONE POST EA 13
88 820860 INSTALL SIGN (STRAP AND SADDLE
BRACKET METHOD) EA 4
89 832070 VEGETATION CONTROL (MINOR
CONCRETE) SQYD 20
90 836586 ALTERNATIVE CRASH CUSHION EA 1
91 839640 CONCRETE BARRIER (TYPE 60M) LF 200
92 839521 CABLE RAILING LF 184
93 839750 REMOVE BARRIER LF 6
94 839752 REMOVE GUARDRAIL LF 63
95 840515 THERMOPLASTIC PAVEMENT
MARKING SQFT 54
96 840583 6" TWO-COMPONENT PAINT
TRAFFIC STRIPE LF 1,710
97 846020 REMOVE PAINTED TRAFFIC STRIPE LF 61
98 846035 REMOVE THERMOPLASTIC
PAVEMENT MARKING SQFT 44
99 870200 LIGHTING SYSTEM LS 1
100 999990 MOBILIZATION LS 1
ITEM
FINAL
PAY
ITEM
CODE DESCRIPTION UNIT
EST.
QUANT. UNIT PRICE AMOUNT
101 044100 REMOVE TEMPORARY CULVERT
CLOSURE EA 2
102 044200 REMOVE SHEET PILING SQFT 952
103 070000A CONSTRUCTION STAKING LS 1
104 070030 LEAD COMPLIANCE PLAN LS 1
105 080060 LEVEL 2 CRITICAL PATH METHOD
SCHEDULE LS 1
106 090100 TIME RELATED OVERHEAD (WDAY) WDAY 220
SEGMENT 2: SOUTHERN EXTENT
TOTAL (ITEMS #1 TO #100)
PROP- 6
PAGE 4 of 9
268
ITEM
FINAL
PAY
ITEM
CODE DESCRIPTION UNIT
EST.
QUANT. UNIT PRICE AMOUNT
107 090205 DISPUTE RESOLUTION BOARD ON-
SITE MEETING EA 6
108 090210
HOURLY OFF-SITE DISPUTE
RESOLUTION BOARD-RELATED
TASKS
EA 10
109 100100 DEVELOP WATER SUPPLY LS 1
110 100101A RESIDENT ENGINEERS OFFICE LS 1
111 120090 CONSTRUCTION AREA SIGNS LS 1
112 120100 TRAFFIC CONTROL SYSTEM LS 1
113 120101 TRAFFIC CONTROL SUPERVISORS DAY 105
114 120159 TEMPORARY TRAFFIC STRIPE
(PAINT) LF 18,240
115 120166 CHANNELIZER (SURFACE
MOUNTED) EA 15
116 120204 PORTABLE RADAR SPEED
FEEDBACK SIGN SYSTEM DAY EA 220
117 120300 TEMPORARY PAVEMENT MARKER EA 388
118 120320 TEMPORARY BARRIER SYSTEM LF 4,800
119 128652
PORTABLE CHANGEABLE MESSAGE
SIGN (EA) EA 1
120 128658
END OF QUEUE MONITORING AND
WARNING WITH TRUCK MOUNTED
CHANGEABLE MESSAGE SIGN DAY
EA 220
121 129152 TEMPORARY RADAR SPEED
FEEDBACK SIGN SYSTEM EA 1
122 129110 TEMPORARY CRASH CUSHION EA 3
123 130100 JOB SITE MANAGEMENT LS 1
124 130300 PREPARE STORM WATER
POLLUTION PREVENTION PLAN LS 1
125 130330 STORM WATER ANNUAL REPORT EA 2
126 130505 MOVE IN/MOVE OUT (TEMPORARY
EROSION CONTROL) EA 5
127 130530 TEMPORARY HYDRAULIC MULCH
(BONDED FIBER FABRIC) SQYD 4,480
128 130610 TEMPORARY CHECK DAM LF 970
129 130620 TEMPORARY DRAINAGE INLET
PROTECTION EA 35
130 130640 TEMPORARY FIBER ROLL LF 3,930
131 130650 TEMPORARY GRAVEL BAG BERM LF 560
132 130660 TEMPORARY LARGE SEDIMENT
BARRIER LF 100
133 130710 TEMPORARY CONSTRUCTION
ENTRANCE EA 5
PROP- 6
PAGE 5 of 9
269
ITEM
FINAL
PAY
ITEM
CODE DESCRIPTION UNIT
EST.
QUANT. UNIT PRICE AMOUNT
134 130730 STREET SWEEPING LS 1
135 130900 TEMPORARY CONCRETE WASHOUT LS 1
136 146009 RESTORATION CONTRACTOR
MITIGATION WORK LS 1
137 153248 REMOVE CONCRETE
(MISCELLANEOUS) (SQFT) SQFT 540
138 160110 TEMPORARY HIGH-VISIBILITY
FENCE LF 520
139 170103 CLEARING AND GRUBBING LS 1
140 190101 ROADWAY EXCAVATION CY 4,055
141 190105 ROADWAY EXCAVATION (TYPE Z-
2)(AERIALLY DEPOSITED LEAD) CY 1,380
142 192003 STRUCTURE EXCAVATION (BRIDGE) CY 57
143 192020 STRUCTURE EXCAVATION (TYPE D) CY 2,574
144 192037 STRUCTURE EXCAVATION
(RETAINING WALL) CY 162
145 193003 STRUCTURE BACKFILL (BRIDGE) CY 44
146 193013 STRUCTURE BACKFILL (RETAINING
WALL) CY 1,545
147 204099 PLANT ESTABLISHMENT WORK LS 1
148 210010 MOVE IN/MOVE OUT (EROSION
CONTROL) EA 2
149 210351 FIBER ROLLS LF 2,100
150 210430 HYDROSEED SQFT 31,750
151 260203 CLASS 2 AGGREGATE BASE CY 3,000
152 390132 HOT MIX ASPHALT (TYPE A) TON 2,100
153 390137 RUBBERIZED HOT MIX ASPHALT
(GAP GRATED) TON 720
154 394077 PLACE HOT MIX ASPHALT DIKE
(TYPE F) LF 50
155 398001 REMOVE ASPHALT CONCRETE
PAVEMENT (SQFT) SQFT 3,430
156 398100 REMOVE ASPHALT CONCRETE DIKE LF 550
157 490603 24" CAST-IN-DRILLED HOLE
CONCRETE PILING LF 4,878
158 490604 30" CAST-IN-DRILLED HOLE
CONCRETE PILING LF 284
159 490605 36" CAST-IN-DRILLED HOLE
CONCRETE PILING LF 250
160 510053 STRUCTURAL CONCRETE, BRIDGE CY 120
161 510054 STRUCTURAL CONCRETE,
BRIDGE(POLYMER FIBER) CY 172
162 510060 STRUCTURAL CONCRETE,
RETAINING WALL CY 1,335
PROP- 6
PAGE 6 of 9
270
ITEM
FINAL
PAY
ITEM
CODE DESCRIPTION UNIT
EST.
QUANT. UNIT PRICE AMOUNT
163 510094 STRUCTURAL CONCRETE,
DRAINAGE INLET CY 70
164 511010 CONCRETE SURFACE TEXTURE
(ESTRELLA WAVE) SQFT 5,371
165 512206 FURNISH PRECAST PRESTRESSED
CONCRETE GIRDER (70'-80') EA 2
166 512500 ERECT PRECAST PRESTRESED
CONCRETE GIRDER EA 2
167 591091 JOINT SEAL (MR 1 1/2") LF 32
168 519102 JOINT SEAL (TYPE AL) LF 72
169 520102 BAR REINFORCING STEEL (BRIDGE) LB 246,342
170 520103 BAR REINFORCING STEEL
(RETAINING WALL) LB 134,015
171 520115 BAR REINFORCING STEEL
(GALVANIZED) LB 123
172 520120 HEADED BAR REINFORCING EA 120
173 650014 18" REINFORCED CONCRETE PIPE LF 200
174 650019 24" REINFORCED CONCRETE PIPE LF 1,850
175 700617 DRAINAGE INLET MARKER EA 35
176 705204 18" CONCRETE FLARED END
SECTION EA 5
177 727250 STORM DRAIN MANHOLE EA 2
178 710126 REMOVE OVERSIDE DRAIN EA 1
179 710138 REMOVE DOWNDRAIN AND T-
DISSIPATOR EA 1
180 710150 REMOVE INLET EA 7
181 730010 MINOR CONCRETE (CURB) LF 360
182 731504 MINOR CONCRETE (CURB AND
GUTTER) CY 22
183 731521 MINOR CONCRETE (SIDEWALK) CY 13
184 731623 MINOR CONCRETE (CURB RAMP) CY 4
185 045100 MINOR CONCRETE (SLAB) CY 27
186 731700 REMOVE CURB LF 300
187 731840 REMOVE CONCRETE (CURB AND
GUTTER) LF 560
188 750001 MISCELLANEOUS IRON AND STEEL LB 10,800
189 750501 MISCELLANEOUS METAL (BRIDGE) LB 805
190 750505 BRIDGE DECK DRAINAGE SYSTEM LB 455
191 780440 PREPARE AND STAIN CONCRETE SQFT 8,967
PROP- 6
PAGE 7 of 9
271
ITEM
FINAL
PAY
ITEM
CODE DESCRIPTION UNIT
EST.
QUANT. UNIT PRICE AMOUNT
192 780460 ANTI-GRAFFITTI COATING SQFT 15,631
193 800320 CHAIN LINK FENCE (TYPE CL-
4)(VINYL-CLAD)(BLACK) LF 1,800
194 800360 CHAIN LINK FENCE (TYPE CL-6) LF 790
195 800052 FENCE (TYPE WS) LF 2,050
196 800053 WOOD RAIL FENCE LF 390
197 802950 STANDARD PIPE GATE EA 2
198 803021 REMOVE FENCE LF 4,590
199 810230 PAVEMENT MARKER
(RETROREFLECTIVE) EA 453
200 820250 REMOVE ROADSIDE SIGN EA 7
201 820510 RESET ROADSIDE SIGN EA 2
202 820610 RELOCATE ROADSIDE SIGN EA 2
203 820720 FURNISH LAMINATED PANEL SIGN
(1"-TYPE B) SQFT 220
204 820750
FURNISH SINGLE SHEET ALUMINUM
SIGN (0.063"-UNFRAMED) SQFT 60
205 820760 FURNISH SINGLE SHEET ALUMINUM
SIGN (0.080"-UNFRAMED) SQFT 80
206 820840 ROADSIDE SIGN - ONE POST EA 13
207 820850 ROADSIDE SIGN - TWO POST EA 2
208 820850 BARRIER MOUNTED SIGN (TYPE
85A (MOD)) EA 3
209 820920 INSTALL ROADSIDE SIGN
(LAMINATED WOOD BOX POST) EA 2
210 832005 MIDWEST GUARDRAIL SYSTEM LF 160
211 832075 VEGETATION CONTROL (CRUSHED
SHALE) SQYD 30
212 833032 CHAIN LINK RAILING (TYPE 7)(VINYL-
CLAD)(BLACK) LF 750
213 048125 CONCRETE BARRIER (TYPE 85A)
MOD LF 1,063
214 046792 TUBULAR BICYCLE RAILING (MOD) LF 1,053
215 810120 REMOVE PAVEMENT MARKER LF 430
216 839544 TRANSITION RAILING (TYPE AGT) EA 2
217 839584 ALTERNATIVE IN-LINE TERMINAL
SYSTEM EA 1
218 839640 CONCRETE BARRIER (TYPE 60M) LF 3,490
219 839642 CONCRETE BARRIER (TYPE 60MC) LF 60
220 839643 CONCRETE BARRIER (TYPE 60MD) LF 120
PROP- 6
PAGE 8 of 9
272
ITEM
FINAL
PAY
ITEM
CODE DESCRIPTION UNIT
EST.
QUANT. UNIT PRICE AMOUNT
221 839752 REMOVE GUARDRAIL LF 2,670
222 840502 THERMOPLASTIC TRAFFIC STRIPE
(ENHANCED WET NIGHT VISIBILITY) LF 12,740
223 840516
THERMOPLASTIC PAVEMENT
MARKING (ENHANCED WET NIGHT
VISIBILITY)
SQFT 225
224 840627 TWO-COMPONENT PAINT TRAFFIC
STRIPE LF 5,150
225 846030
REMOVE THERMOPLASTIC TRAFFIC
STRIPE LF 22,340
226 846035 REMOVE THERMOPLASTIC
PAVEMENT MARKING SQFT 120
227 847210 6" TRAFFIC STRIPE TAPE
(WARRANTY) LF 3,210
228 847216 8" TRAFFIC STRIPE TAPE
(WARRANTY) LF 2,030
229 847218 6" TRAFFIC STRIPE TAPE WITH
CONTRAST (WARRANTY) LF 275
230 847224 8" TRAFFIC STRIPE TAPE WITH
CONTRAST (WARRANTY) LF 405
231 870305 RECTANGULAR RAPID FLASHING
BEACON SYSTEM LS 1
232 870200 LIGHTING SYSTEM LS 1
233 872131 MODIFY LIGHTING SYSTEM LS 1
234 999990 MOBILIZATION (10%) LS 1
SUPPLEMENTAL WORK
235 066595 WATER POLLUTION CONTROL
MAINTENANCE SHARING LS 1
236 066596 ADDITIONAL WATER POLLUTION
CONTROL LS 1
STATE FURNISHED MATERIALS AND EXPENSES
237 066062 COZEEP CONTRACT LS 1
LOCAL AGENCY EXPENSES
238 066916 ANNUAL CONSTRUCTION GENERAL
PERMIT FEE LS 1
1) The City of Goleta shall determine the lowest res
ponsible, responsive bidder based on the lowest total of the Base Bid plus the Additive Alternate Bid 1, Items 31 - 32.
2 ) The City of Goleta, if it chooses to award, shall award the contract to the lowest responsible, responsive bidder based on the criteria listed in Note 1 above; however, the City of Goleta may, in its discretion, award just the Base Bid only or the Base Bid and the Additive Alternate Bid
1. 3) The Contractor must submit bids for all Base Bid items and Additive Alternate Bid 1 items. No response or a response of zero on any bid items will be deemed a non-responsive bid.
TOTAL BID (BID ITEMS #1 TO #238)
T
OTAL (ITEMS #101 TO #238)
NOTES:
PROP- 6
PAGE 9 of 9
273
Amount
Subcontracted
DIR Reg Number
A
A
A
A
A
A
A
A
I
I
I
I
I
I
I
I
I
Local Assistance Procedures Manual Exhibit 12-B
Bidder’s List of Subcontractors (DBE and Non- DBE)
Exhibit 12-B: Bidder’s List of Subcontractor (DBE and Non-DBE) - Part 1 As of March 1, 2015 Contractors (and sub-contractors) wishing to bid on public works contracts must be registered with the State Division of Industrial Relations and certified to bid on Public Works c ontracts. Please register at https://www.dir.ca.gov/Public-W orks/Co ntractor- Registration.html. The local agency will verify registration of all contractors and subcontractors on public works projects at bid and thereafter annually to assure that yearly registration is maintained throughout the life of the project.
In accordance with Title 49, Section 26.11 of the Code of Federal Regulations, and Section 4104 of the Public Contract Code of the State of California, as amended, the following information is required for each sub-contractor who will perform work amounting to more than one half of one percent (0.5%) of
the Total Base Bid or $10,000 (whichever is greater).
FEDERAL PROJECT NUMBER:
Photocopy this form for additional f irms.
Subcontractor Name & Location Line Item & Description Subcontract Percentage of Bid Item
Contractor License Number DBE
(Y/N) DBE Cert Number Annual Gross Receipts
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
ge of Firm in
years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
ge of Firm in
years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
ge of Firm in
years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
ge of Firm in
years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
ge of Firm in
years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
ge of Firm in
years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
ge of Firm in
years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
ge of Firm in
years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
Age of Firm in
years
Distribution – Original: Local Agency File; Copy: DLAE w/Award Package
September 2021
274
Ag
Ag
Ag
Ag
Ag
Ag
Ag
Ag
I
I
I
I
I
I
I
I
I
Local Assistance Procedures Manual Exhibit 12-B
Bidder’s List of Subcontractors (DBE and Non- DBE)
Exhibit 12-B: Bidder’s List of Subcontractor (DBE and Non-DBE) - Part 2 In accordance with Title 49, Section 26 of the Code of Federal Regulations, the Bidder shall list all subcontractors who provided a quote or bid but were not selected to particip
ate as a subcontractor on this project.
FEDERAL PROJECT NUMBER:
Photocopy this form for additional f irms.
Subcontractor Name & Location Line Item & Description Subcontract Amount
Percentage of
Bid Item
Subcontracted
Contractor License N umber DBE
(Y/N) DBE Cert Numb er Annual Gross Receipts
DIR Reg Number
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
e of Firm in
years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
e of Firm in
years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
e of Firm in
years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
e of Firm in
years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
e of Firm in
years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
e of Firm in
years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
e of Firm in
years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
e of Firm in
years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
Age of Firm in
years
Distribution – Original: Local Agency File; Copy: DLAE w/Award Package
September 2021
275
PROP- 9
BIDDER’S REFERENCES
The following are the names, addresses, and phone numbers for three public agencies for which Bidder has performed projects of the same magnitude and character of the work bid within the past 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.
276
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 E xpiration Date _______________________________ DIR Registration No: ______________________________________________________
The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint venturers, and/or corporate officers having a principal interest in this Bid:
_______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ The date of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this Bid are as follows:
_______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ All current and prior DBA’s, alias, and/or fictitious business names for any principal having an interest in this Bid are as follows:
_______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ 277
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
278
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 279
PROP- 13
BID BOND FOR:
SAN JOSE CREEK MULTIPURPOSE PATH – NO RTHERN AND SOUTHERN SEGEMENTS
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)
BY:
(Signature and Title of Authorized Officer)
280
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.
281
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
282
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 t
rue and correct. Executed this day of , 20__, at ________________________, California.
Signature:
Name:
Title:
Name of Company:
Note: Signature must be acknowledged before a notary public. Attach appropriate acknowledgment.
283
PROP- 17
NON-COLLUSION DECLARATION
FOR
SAN JOSE CREEK MULTIPURPOSE PATH – NO RTHERN AND SOUTHERN SEGEMENTS
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, j
oint 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)
284
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 subc ontracts 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.
___________________________________________________________
285
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 her
eby 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.
N
ote: 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.
286
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?
Y
es _____ No _____
If the answer is yes, explain the circumstances in the following space.
287
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.
288
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.
_________________________________________
289
PROP- 23
NONLOBBYING CERTIFICATION FOR FEDERAL-AID CONTRACTS
The prospective participant certifies, by signing and submitting this bid or bid, to the best of his or her knowledge and belief, that:
(l) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities," in conformance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
The prospective participant also agrees by submitting his or her bid or bid that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly.
290
PROP- 24
DISCLOSURE OF LOBBYING ACTIVITIES
COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352
Distribution: Orig- Local Agency Project Files
291
PROP- 25
INSTRUCTIONS FOR COMPLETING EXHIBIT 10-Q DISCLOSURE OF LOBBYING
ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime federal recipient at the initiation or receipt of covered federal action or a material change to previous filing pursuant to title 31 U.S.C. Section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information.
1. Identify the type of covered federal action for which lobbying activity is or has been secured to influence, the outcome of a covered federal action.
2. Identify the status of the covered federal action.
3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered federal action.
4. Enter the full name, address, city, state, and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to: subcontracts, subgrants, and contract awards under grants.
5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, state, and zip code of the prime federal recipient. Include Congressional District, if known.
6. Enter the name of the federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard.
7. Enter the federal program name or description for the covered federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments.
8. E nter the most appropriate federal identifying number available for the federal action identification in item 1 (e.g., Reques t for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the federal agency). Include prefixes, e.g., "RFP-DE-90-001."
9. For a covered federal action where there has been an award or loan commitment by the Federal agency, enter the federal amount of the award/loan commitments for the prime entity identified in item 4 or 5.
10. Enter the full name, address, city, state, and zip code of the lobbying entity engaged by the reporting entity identified in Item 4 to influence the covered federal action.
11. Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (Ml).
12. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (Item 4) to the lobbying entity (Item 10).
Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made.
13. Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind payment.
14. Check all boxes that apply. If other, specify nature.
15. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with federal officials. Identify the federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted.
16. Check whether or not a continuation sheet(s) is attached.
17. The certifying official shall sign and date the form, and print his/her name title and telephone number.
Public reporting burden for this collection of information is estimated to average 30-minutes per response, including time for reviewing i
nstruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503. SF- LLL- Instructions Rev. 06-04
292
PROP- 26
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 s
ervices 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 on
e 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)
293
PROP- 27
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
294
PROP- 28
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 i
s 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 AGRE ED THAT FALSE CERTIFICATION IS SUBJECT TO IMMEDIATE TERMINATION BY THE CITY.
The Representations Made Herein On This Document Are Made Under Penalty Of Perjury.
295
PROP- 29
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
296
PROP- 30
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.
297
PROP- 31
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:
__________________________________________________
298
Local Assistance Procedures Manual Exhibit 15-G
Construction Contract DBE Commitment
Exhibit 15-G: Construction Contract DBE Commitment
1. Local Agency: 2. Contract DBE Goal:
3. Project Description:
4. Project Location:
6. Prime Certified DBE: 7. Bid Amount:5. Bidder's Name:
8. Total Dollar Amount for ALL Subcontractors: 9. Total Number of ALL Subcontractors:
10. Bid
Item
Number
11. Description of Work, Service, or
Materials Supplied
12. NAICS or
Work
Category
Codes
13. DBE
Certification
Number
14. DBE Contact Information
(Must be certified on the date bids are
opened)
15. DBE
Dollar
Amount
Local Agency to Complete this Section upon Execution of Award 16. TOTAL CLAIMED DBE PARTICIPATION
22. Local Agency Contract Number:
23. Federal-Aid Project Number:
%24. Bid Opening Date:
25. Contract Award Date:
IMPORTANT: Identify all DBE firms being claimed for credit, regardless of tier. Names of the First Tier DBE Subcontractors and their respective item(s) of work listed above must be consistent, where applicable with the names and items of the work in the "Subcontractor List" submitted with your bid. Written confirmation of each listed DBE is required.
26. Award Amount:
Local Agency certifies that all DBE certifications are valid and information on this form is complete and accurate.
27. Local Agency Representative’s Signature 28. Date
29. Local Agency Representative’s Name 30. Phone
31. Local Agency Representative’s Title
17. Preparer’s Signature 18. Date
19. Preparer’s Name 20. Phone
21. Preparer’s Title
DISTRIBUTION: 1. Original – Local Agency
2. Copy – Caltrans District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract execution may result in de-obligation of federal funds on contract.
3. Include additional copy with award package.
January 2023
$
PROP- 32
299
Local Assistance Procedures Manual Exhibit 15-G
Construction Contract DBE Commitment
INSTRUCTIONS – CONSTRUCTION CONTRACT DBE COMMITMENT
CONTRACTOR SECTION
1. Local Agency - Enter the name of the local agency that is administering the contract.
2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement.
3. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab, Overlay, Widening, etc).
4. Project Location - Enter the project location(s) as it appears on the project advertisement.
5. Bidder’s Name - Enter the contractor’s firm name.
6. Prime Certified DBE - Check box if prime contractor is a certified DBE.
7. Bid Amount - Enter the total contract bid dollar amount for the prime contractor.
8. Total Dollar Amount for ALL Subcontractors – Enter the total dollar amount for all subcontracted contractors.
SUM = (DBEs + all Non-DBEs). Do not include the prime contractor information in this count.
9. Total number of ALL subcontractors – Enter the total number of all subcontracted contractors. SUM = (DBEs + all Non-DBEs). Do not include the prime contractor information in this count.
10. Bid Item Number - Enter bid item number for work, services, or materials supplied to be provided.
11. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be provided. Indicate all work to be performed by DBEs including work performed by the prime contractor’s own forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms.
12. NAICS or Work Category Codes - Enter NAICS or Work Category Codes from the California Unified Certification Program database.
13. DBE Certification Number - Enter the DBE’s Certification Identification Number. All DBEs must be certified on the date bids are opened.
14. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted contractors.
Also, enter the prime contractor’s name and phone number, if the prime is a DBE.
15. DBE Dollar Amount - Enter the subcontracted dollar amount of the work to be performed or service to be provided.
Include the prime contractor if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation.
16. Total Claimed DBE Participation - $: Enter the total dollar amounts entered in the “DBE Dollar Amount” column. %: Enter the total DBE participation claimed (“Total Claimed DBE Participation Dollars” divided by item “Bid Amount”). If the total % claimed is less than item “Contract DBE Goal,” an adequately documented Good Faith Effort (GFE) is required (see Exhibit 15-H DBE Information - Good Faith Efforts of the LAPM).
17. Preparer’s Signature - The person completing the DBE commitment form on behalf of the contractor’s firm must sign their name.
18. Date - Enter the date the DBE commitment form is signed by the contractor’s preparer.
19. Preparer’s Name - Enter the name of the person preparing and signing the contractor’s DBE commitment form.
20. Phone - Enter the area code and phone number of the person signing the contractor’s DBE commitment form.
21. Preparer’s Title - Enter the position/title of the person signing the contractor’s DBE commitment form.
LOCAL AGENCY SECTION
22. Local Agency Contract Number - Enter the Local Agency contract number or identifier.
23. Federal-Aid Project Number - Enter the Federal-Aid Project Number(s).
24. Bid Opening Date - Enter the date contract bids were opened.
25. Contract Award Date - Enter the date the contract was executed.
26. Award Amount – Enter the contract award amount as stated in the executed contract.
27. Local Agency Representative’s Signature - The person completing this section of the form for the Local Agency must sign their name to certify that the information in this and the Contractor Section of this form is complete and accurate.
28. Date - Enter the date the DBE commitment form is signed by the Local Agency Representative.
29. Local Agency Representative’s Name - Enter the name of the Local Agency Representative certifying the contractor’s DBE commitment form.
30. Phone - Enter the area code and phone number of the person signing the contractor’s DBE commitment form.
31. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying the contractor’s DBE commitment form.
January 2023
PROP- 33
300
Local Assistance Procedures Manual Exhibit 15-H
Proposer/Contractor Good Faith Effort
EXHIBIT 15-H: PROPOSER/CONTRACTOR GOOD FAITH EFFORTS
Cost Proposal Due Date ___________________ PE/CE
Federal-aid Project No(s). _____________________ Bid Opening Date ___________________ CON The established a Disadvantaged Business Enterprise (DBE) goal of ___
% for this contract. The information provided herein shows the required good faith efforts to meet or exceed the DBE contract goal.
Proposers or bidders submit the following information to document their good faith efforts within five (5) calendar days
from cost proposal due date or bid opening. Proposers and bidders are recommended to submit the following information even if the Exhibit 10-O1: Consultant Proposal DBE Commitments or Exhibit 15-G:
Construction Contract DBE Commitment indicate that the proposer or bidder has met the DBE goal. This form protects the proposer’s or bidder’s eligibility for award of the contract if the administering agency determines that the bidder
failed to meet the goal for various reasons, e.g., a DBE firm was not certified at bid opening, or the bidder made a mathematical error.
The following items are listed in the Section entitled “Submission of DBE Commitment” of the Special Provisions, please attach additional sheets as needed:
A. The names and dates of eac
h publication in which a request for DBE participation for this project was placed by the bidder (please attach copies of advertisements or proofs of publication):
Publications Dates of Advertisement
B. The names and dates of written notices sent to certified DBEs soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the DBEs were interested (please attach copies of solicitations, telephone records, fax confirmations, etc.):
Names of DBEs Solicited Date of Initial Solicitation Follow Up Methods and Dates
May 2020
PROP- 34
301
Local Assistance Procedures Manual Exhibit 15-H
Proposer/Contractor Good Faith Effort
C. The items of work made available to DBE firms including those unbundled contract work items into economically feasible units to facilitate DBE participation. It is the bidder's responsibility to demonstrate that sufficient work to facilitate DBE participation in order to meet or exceed the DBE contract goal.
Items of Proposer or Bidder Breakdown of Amount Percentage Work Normally Performs Item Items ($) Of
(Y/N) Contract
D. The names, addresses and phone numbers of rejected DBE firms, the reasons for the bidder's rejection of the DBEs, the firms selected for that work (please attach copies of quotes from the firms involved), and the price difference for each DBE if the selected firm is not a DBE:
Names, addresses and phone numbers of rejected DBEs and the reasons for the bidder's rejection of the DBEs:
Names, addresses and phone numbers of firms selected for the work above:
E. Efforts (e.g. in advertisements and solicitations) made to assist interested DBEs in obtaining information related to the plans, specifications and requirements for the work which was provided to DBEs:
May 2020
PROP- 35
302
Local Assistance Procedures Manual Exhibit 15-H
Proposer/Contractor Good Faith Effort
F. Efforts (e.g. in advertisements and solicitations) made to assist interested DBEs in obtaining bonding, lines of credit or insurance, necessary equipment, supplies, materials, or related assistance or services, excluding supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate:
G. The names of agencies, organizations or groups contacted to provide assistance in contacting, recruiting and using DBE firms (please attach copies of requests to agencies and any responses received, i.e., lists, Internet page download, etc.):
Name of Agency/Organization Method/Date of Contact Results H. Any additional data to support a demonstration of good faith efforts:
May 2020
PROP- 36
303
SECTION IV
AGREEMENT
304
Public Works Contract – Rev. June 2024
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, approved this CONTRACT and authorized the City Manager to execute the CONTRACT with CONTRACTOR for furnishing labor, equipment, and material for the __________ Project in the City of Goleta.
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants herein contained, it is agreed:
SECTION B. TERMS
1. G
ENERAL SCOPE OF WORK: CITY agrees to engage CONTRACTOR and CONTRACTOR agrees to furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the ___________ Project in the City of Goleta. The work shall be performed in accordance with the Plans and Specifications (and as generally described in the “Notice Inviting Sealed Bids,” attached as Exhibit A) and in accordance with bid prices set forth in CONTRACTOR’S Bid Proposal (attached as Exhibit B) and in accordance with the instructions of the City Engineer, or City’s Manager’s designee.
2. I NCORPORATED 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 contemplated as may be required to insure its completion in an acceptable 305
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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. CO MPENSATION: 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. T
IME 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 $______ 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. P
REVAILING WAGES :
A. Pursuant to Labor Code Section s §§1720 et seq., including but not limited to sections 1771, 1774 and 1775, and as specified in Title 8, California Code of Regulations, Section 16000 et seq., CONTRACTOR must pay its workers prevailing wages . It is CONTRACTOR’s responsibility to interpret and implement any prevailing wage requirements and CONTRACTOR agrees to pay any penalty or civil damages resulting from a violation of the prevailing wage laws.
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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. C
ONTRACTOR must post a copy of
the prevailing rate of per diem wages at the job site.
C. CI
TY 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 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.
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 307
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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, CONTRACT OR must provide copies of the records at its cost.
6. L
EGAL 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. T
RAVEL 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. CO
NTRACTOR'S LIABILITY : The CITY and its officers, agents and employees (“Indemnitees”) shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workers or employees of CONTRACTOR, of its subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the 308
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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 harmles s 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 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 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 309
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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. T
HIRD- 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. W
ORKERS 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 w ith 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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11. I NSURANCE : 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. AS SIGNMENT : 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. I
NDEPENDENT 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. T
AXES : 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. L
ICENSES: 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. RE
CORDS : CONTRACTOR shall maintain accounts and records, including personnel, property, and financial records, adequate to identify and account for all costs pertaining to this CONTRACT and such other records as may be deemed necessary by CITY or any authorized representative, and will be retained for three years after the expiration of this CONTRACT . All such records shall be made available for inspection or audit by CITY at any time during regular business hours. 311
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17. SEVER ABILITY: 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. W HOLE 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. AUT
HORITY : 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 such amendment on CITY’s behalf.
20. NO
TICES: 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.
S
uch notices shall be deemed made when personally delivered or when mailed forty-eight (48) hours after deposit in the U.S. mail, first-class postage prepaid, and addressed to the party at its applicable address. Courtesy copies of notices may be sent via electronic mail, provided that the original notice is deposited in the U.S. mail or personally delivered as specified in this Section.
CITY OF GOLETA
130 Cremona Drive, Suite B
312
Public Works Contract
[COMPANY]
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Goleta, CA 93117
Attn: City Manager
CONTRACTOR
__________________________________________________
__________________________________________________
__________________________________________________
21. D ISPUTES: Disputes arising from this contract will be determined in accordance with the contract documents.
22. NO NDISCRIMINATION: 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.
23. P
APER 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 paper offered or sold to the City. This certification requirement may be 313
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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. U
se 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,
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. T IME IS OF ESSENCE: Time is of the essence for each and every provision of the Contract Documents.
27. ACCE PTANCE 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. G OVERNING 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.
I
N 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
315
Public Works Contract
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Public Works Contract – Rev. June 2024
___________________________________
Scott Shapses, Deputy City Attorney
CONTRACTOR:
_____________________________________
Name, Title
State of California License No.
_____________________________________
Department of Industrial Relations Registration
No.
_____________________________________
Business Phone No.
_____________________________________
CONTRACTOR’S Emergency Phone No. at
which contractor can be reached at any time
_____________________________________
_____________________________________
_____________________________________
Name, Title
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EXHIBIT A
NOTICE INVITING SEALED BIDS
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EXHIBIT B
BID PROPOSAL
318
SECTION V
INSURANCE AND BONDS
319
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.
320
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.
321
INS 3
INSURANCE REQUIREMENTS
In addition to Section 7-1.06 INSURANCE of the State 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
322
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 - C
LAIMS 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. C omprehensive 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 323
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 State 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.
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 324
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 $5,000,000 combined single limit per accident and shall include Pollution Liability (CA9948) and MCS-90 Endorsements. The policy shall provide coverage for transportation of pollutants/contaminants to and from the job site and the hauling of waste from the project site to the final disposal location, including non-owned disposal sites.
325
1 FAITHFUL PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of Goleta, has awarded to
___
_________________________, (hereinafter referred to as the “Contractor”) an agreement for the SAN JOSE CREEK MULTIPURPOSE PATH – NORTHERN AND SOUTHERN SEGMENTS (hereinafter referred to as the “Project”). For the purposes of this Faithful Performance Bond, the City of Goleta and Caltrans shall hereinafter be referred to as “City.” WHEREAS, the work to be performed by the Contractor is more particularly set forth in t
he Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, ______________________, the undersigned Contractor and ________________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of ___________________________ DOLLARS, ($____________), 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 h eirs, 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 i n 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 w hich 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.
326
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]
327
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20___.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fa ct Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges is $_______________________________.
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________ ___________________________________________
___________________________________________
(Name and Address of Agent or ___________________________________________ Representative for service of ___________________________________________ process in California, if different ___________________________________________ from above)
(Telephone number of Surety ___________________________________________ and Agent or Representative for
service of process in California)
328
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. 329
Notary Acknowledgment
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED
DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney -in-Fact. The Power-of Attorney to local representatives of the bonding company must also be attached.
330
END OF PERFORMANCE BOND
331
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 SAN JOSE CREEK MULTIPURPOSE PATH – NORTHERN AND SOUTHER SEGEMENTS (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 t
hat 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 paym ent 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 332
bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Civil Code Section 9100, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fa ct Certificate) Title
333
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. 334
Notary Acknowledgment
A notary public or other officer completing
this certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED
DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney -in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached.
335
END OF LABOR AND MATERIAL PAYMENT BOND
336
SECTION VI
CITY OF GOLETA CONSTRUCTION SPECIFICATIONS
337
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
338
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 , State 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) S
tate Standard Plans – The 2023 Standard Plans of the Department of Transportation of the State of California.
(b) R evised State Standard Plans – The Revised Standard Plans of the Department of Transportation of the State of California.
(c) Project Plans – The project Plans are specific details and dimension peculiar to the work and supplemented by the State Standard Plans, insofar as the same may apply.
(d) Improvement Standards – The Improvement Standards and Construction Standards of the City of Goleta Department of Public Works. 1-1.30 SPECIFICATIONS. State Standard S pecifications, revised standard specifications, special provisions
In the above definition, the following terms are defined as follows:
(a) S tate Standard Specifications – Specifications standard to Caltrans’ construction projects. These specifications are in a book titled Standard Specifications 2023. (b) Revised Standard Specifications – New or revised standard specifications. These specifications are in a section titled Revised Standard Specifications in a book titled REVISIONS TO THE STANDARD SPECIFICATIONS 2023.
(c) 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.
339
GCS-3
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.
SECTION 2. PROPOSAL REQUIREMENTS AND CONDITIONS
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 calculatio ns, 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.
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.
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 340
GCS-4
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 EXAMINATION OF PLANS, SPECIFICATIONS, CONTRACT, AND SITE OF WORK.
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 C ontract 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.
A
ll 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 president, secretary, and treasurer of said corporation. If the proposal is sign ed by an agent, a "Power of Attorney" must be filed with the proposal.
341
GCS-5
The proposal shall be submitted as directed in Section I 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 OTHE R 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.
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 342
GCS-6
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 re duced 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. 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.
343
GCS-7
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, t he 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 s atisfactory 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.
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.
344
GCS-8
5-1.04 COORDINATION OF PLANS AND SPECIFICATIONS.
These City of Goleta Construction Specifications, the State 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 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.
345
GCS-9
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 , a nd 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.
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 346
GCS-10
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 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 347
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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 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) feet 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.
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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 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. 349
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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 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:
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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.
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 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
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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. 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:
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Liability insurance coverage may not be written on a "claims made" basis. Th e Certificate of Insurance must clearly provide that the coverage is on an "occurrence" basis.
Comprehensive Automobile Liability f
or 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 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 State 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.
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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.
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 CONTRACTOR IN THE EVENT OF NONCOMPLIANCE WITH ANY INSURANCE REQUIREMENTS.
Additional Insurance Requirements:
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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.
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 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 355
GCS-19
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;
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.
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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 bul letin 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 e mployment related activities to ensure that the equal 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 357
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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 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.
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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.
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 359
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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 of 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 360
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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 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
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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 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 362
GCS-26
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.
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. 363
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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.
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.
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END OF CITY OF GOLETA CONSTRUCTION SPECIFICATIONS
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SECTION VII
SPECIAL PROVISIONS
366
CITY OF GOLETA
BOOK 2 OF 2
SPECIAL PROVISIONS
FOR
SAN JOSE CREEK MULTIPURPOSE PATH – NORTHERN
AND SOUTHERN SEGMENTS
CITY PROJECT NUMBER: 9006
FEDERAL AID PROJECT NO. BRLS-5481(022)
Received By:
_________________________
Luz “Nina” Buelna, P.E.
Public Works Director
The Engineers whose stamp and signature appear
herein are in responsible charge of preparing these
plans and specifications.
BID NUMBER: 25
-02 BID OPENING: 3:00 P.M., Thursday, May 8, 2025
DBE Goal is 16%
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ii
THIS PAGE WAS LEFT INTENTIONALLY BLANK – BACK OF COVER
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iii
CITY PROJECT NO. 9006
The Special Provisions contained herein have been prepared by or under the direction of the following Registered Persons.
CIVIL
_________________________________________
F. Jose Silva, Registered Civil Engineer
Dewberry Engineers Inc.
STRUCTURES
_________________________________________
Anthony T. Dubovik, Registered Civil Engineer
Dewberry Engineers Inc.
ELECTRICAL
________________________________________
Kin Y. Chan, Registered Civil Engineer
Bennett Engineering Services
369
TOC-1
Contents
ORGANIZATION .............................................................. Error! Bookmark not defined.
DIVISION I GENERAL PROVISIONS ........................................................................... 2 1 GENERAL ................................................................................................................... 2 2 BIDDING ..................................................................................................................... 6 5 CONTROL OF WORK .............................................................................................. 15 6 CONTROL OF MATERIALS ..................................................................................... 34 7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC .............................. 43 8 PROSECUTION AND PROGRESS .......................................................................... 63 DIVISION II GENERAL CONSTRUCTION .................................................................. 93 10 GENERAL .............................................................................................................. 93 12 TEMPORARY TRAFFIC CONTROL ....................................................................... 97 13 WATER POLLUTION CONTROL ......................................................................... 107 14 ENVIRONMENTAL STEWARDSHIP .................................................................... 117 15 EXISTING FACILITIES ......................................................................................... 143 DIVISION III EARTHWORK AND LANDSCAPE....................................................... 148 17 GENERAL ............................................................................................................. 148 19 EARTHWORK ....................................................................................................... 149 21 EROSION CONTROL ........................................................................................... 153 DIVISION V SURFACINGS AND PAVEMENTS ....................................................... 156 39 ASPHALT CONCRETE ........................................................................................ 156 40 CONCRETE PAVEMENT ..................................................................................... 157 DIVISION VI STRUCTURES ..................................................................................... 161 49 PILING .................................................................................................................. 161 51 CONCRETE STRUCTURES ................................................................................ 168 52 REINFORCEMENT ............................................................................................... 169 DIVISION VIII MISCELLANEOUS CONSTRUCTION ............................................... 170 75 MISCELLANEOUS METAL.................................................................................. 170 78 INCIDENTAL CONSTRUCTION ........................................................................... 171 80 FENCES ............................................................................................................... 171 DIVISION IX TRAFFIC CONTROL DEVICES ........................................................... 172 82 SIGNS AND MARKERS ....................................................................................... 172 83 RAILINGS AND BARRIERS ................................................................................. 172 DIVISION X ELECTRICAL WORK ............................................................................ 178 8 6 GENERAL ............................................................................................................ 178 370
TOC-2
87 ELECTRICAL SYSTEMS ..................................................................................... 178 87-9 RECTANGULAR RAPID FLASHING BECAONS SYSTEM ............................... 179 DIVISION XI MATERIALS ......................................................................................... 183 90 CONCRETE .......................................................................................................... 183
APPENDICES
APPENDIX A
• MISCELLANEOUS FORMS AND DOCUMENTS
APPENDIX B
• RESTORATION CONTRACTOR MITIGATION WORK
APPENDIX C
• PERMITS, LICENSES, AGREEMENTS, AND CERTIFICATIONS
APPENDIX D
• ENVIRONMENTAL COMMITMENTS RECORD
APPENDIX E
• TREE INVENTORY AND PROTECTION PLAN
APPENDIX F
• FEDERAL MINIMUM WAGE
APPENDIX G
• FEDERAL REQUIREMENT FOR FEDERAL AID PROJECTS
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SPECIAL NOTICES
• Attention is directed to S ection 9- 1.03 PAYMENT SCOPE of the Standard Specifications: "Full compensation for work specified in divisions I, II, and XI is included in the payment for the bid items unless:
1. Bid item for the work is shown on the Bid Item List
2. Work is specified as change order work
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SPECIAL PROVISIONS
FOR THE
CITY OF GOLETA
SAN JOSE CREEK MULTIPURPOSE PATH – NORTHERN AND SOUTHERN
SEGMENTS
FEDERAL AID PROJECT NO. BRLS-5481(022)
SCOPE OF SPECIAL PROVISIONS
The work described in these Special Provisions shall be performed in conformance with the latest editions of the 2023 State Standard Specifications. Standard Special Provisions, and Plans, City of Goleta Construction Specifications, City of Goleta Design and Construction Standards, Change Orders using the 20 23 State Standard Specifications and Revised Standard Specifications, Standard Special Provisions, and Plans, except insofar as these Special Provisions may modify them.
Numbering in these Special Provisions conforms to that in the State Standard Specifications. The existence of a Section in these Special Provisions means that the corresponding Section in the State Standard Specifications is modified in some respect.
The construction materials, payments, etc., for items of work shown in the proposal and on the plans, but not specifically mentioned in these Special Provisions are referred to the State Standard Specifications for conformance.
DISCREPANCIES AND OMISSIONS
Any discrepancies or omissions found in the Contract Documents shall be reported to the Engineer immediately. The Engineer will clarify discrepancies or omissions, in writing, within reasonable time.
In resolving inconsistencies among two or more Sections of the Contract Documents, precedence shall be given in the following order:
1. Change Orders using the 202 3 State Standard Specifications and Revised Standard Specifications, Standard Special Provisions, and Plans
2. Addenda
3. The Agreement
4. Special Provisions upon Specifications
5. Plans shall govern in matters of quantity and measurement
6. Specifications govern in matters of quality
7. Profile Plans govern upon Layout Plans
8. Specific Notes shall govern over other/general notes
9. Larger scale drawings shall govern within smaller scale ones
10. Detail plans govern over standard plans
11. Figured or numerical dimensions govern over dimensions obtained by scaling. 373
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12. 2023 State Standard Specifications and Revised Standard Specifications, Standard Special Provisions, and Plans
13. City of Goleta Construction Specifications
14. County of Santa Barbara Engineering Design Standards
15. Where provisions of codes, safety orders, Contract Documents, referenced manufacturers’ specifications, or industry standards conflict, the more restrictive and higher quality shall govern.
16. Addenda shall take precedence over all Sections referenced therein. Figure dimensions on Drawings shall take precedence over general Drawings.
ORGANIZATION
Special provisions are under headings corresponding with the Standard Specifications' main-section headings . A main -section heading is a heading shown in the table of contents of the State Standard Specifications.
Each special provision begins with a revision clause that describes or introduces a revision to the State Standard Specifications as revised by any revised standard specification.
Any paragraph added or deleted by a revision clause does not change the paragraph numbering of the State Standard Specifications for any other reference to a paragraph of the State Standard Specifications.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
DIVISION I GENERAL PROVISIONS
1 GENERAL
Add to section 1-1.01:
Term Interpretation Conditions
Fed-Std-595 AMS Std 595 --
Grade SS1 Grade SS-1 --
Grade SS1h Grade SS-1h --
Grade CSS1 Grade CSS-1 --
Grade CSS1h Grade CSS-1h --
Grade QS1h Grade QS-1h --
Grade CQS1h Grade CQS-1h --
Temporary railing Temporary barrier system Except Standard Plans T3A, T3B, T4
Temporary railing (Type K) Temporary barrier system Except section 12-3.20, Standard Plans T3A, T3B, T4
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Transportation Laboratory METS --
Type K temporary railing Temporary barrier system Except section 12-3.20, Standard Plans T3A, T3B, T4
Add to Section 1-1.06:
ALR Area of Localized Roughness
BWC Bonded wearing course
CSC conductor signal cable
EA Each
ECR(s) Environmental Commitment Record(s)
ECR(s) Environmental Commitment Record(s)
GMP guaranteed maximum price
IRI International Roughness Index
LF Linear Foot
MRI Mean Roughness Index
NDS National Design Specification for Wood Construction NTP Notice to Proceed
(P) Partial Payment
PPF Pavement Profile Format
ProVal Profile Viewer and Analyzer
RSS Revised Standard Specifications
SF Square Feet
SY Square Yards
QA quality assurance
QC quality control
UAS unmanned aircraft systems
Add or replace the various items of Section 1-1.07:
Whenever in the State Standard Specifications, Special Provisions, Notice to Contractors, Proposal, Contract, or other contract documents, the following terms are used, the intent and meaning must be interpreted as follows:
Agency: City of Goleta
Allowance: “Allowance” shall mean an amount of money set aside under the Contract for a special purpose identified and defined in the Contract Documents.
State: California Department of Transportation or City of Goleta to be interpreted by the Engineer
Department: City of Goleta
Director: City of Goleta Public Works Director
District: The Public Works Department, City of Goleta. When a submittal is to be made to METS or to OSD, submit the items to the Engineer unless otherwise noted.
Engineer: The Director of Public Works, City of Goleta, acting either directly or through properly authorized agent or consultants.
Final Completion: The date when the Work is 100% complete, including completion 375
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and acceptance of all punch list corrections, as built submittal, operation and maintenance manuals, warranty checklist, and plant establishment, as certified by the Engineer.
References to the Bidder’s Exchange means the City of Goleta References to Notice to Bidders means Notice to Contractors References to the Department's Certification Program for Suppliers of Asphalt means Caltrans’ Certification Program for Suppliers of Asphalt.
References to the Department’s Construction Site Best Management Practices (BMP) Manual means Caltrans’.
References to the Department’s Construction Site Monitoring Program (CSMP) Guidance Manual means Caltrans’.
References to the Department’s Dispute Resolution Advisor Candidates List refers to Caltrans’.
References to the Department’s Division of Construction Website means Caltrans’.
References to the Department’s Falsework Manual means Caltrans’ manual.
References to the Department’s Field Guide for Construction Site Dewatering means Caltrans’.
References to the Department's Field Guide to Partnering on Caltrans Construction Projects means Caltrans’.
References to the Department’s Materials Plant Quality Program means Caltrans’.
References to the Department's Partnering Facilitator Standards and Expectations means Caltrans’.
References to the Department’s Quality Control Manual for Hot Mix Asphalt Production and Placements means Caltrans’.
References to the Department’s Soil and Rock Logging, Classification, and Presentation Manual means Caltrans’.
References to the Department’s Storm Water Pollution Prevention Plan (SWPPP) and Water Pollution Control Plan means the project SWPPP.
References to the Department's Traffic Operations Website means Caltrans’ website.
References to the Department's Transportation Permits Manual means the Department’s.
References to the Department’s Value Analysis Team Guide means Caltrans’.
References to Geotechnical Services website means Caltrans’ Website.
References to Geotechnical Services means the Engineer.
References to the METS Website means the Caltrans METS Website.
Replace the following glossary terms in Section 1-1.07B with:
Authorized Laboratory: Independent testing laboratory (1) not employed or compensated by any subcontractor or subcontractor’s affiliate providing other services for the Contract and (2) authorized by Caltrans.
Bid Item List: List of bid items and the associated quantities. The verified Bid Item List is the Bid Item List with verified prices. The Contract Proposal of Low Bidder is the verified Bid Item List. After Contract award, interpret a reference to the Bid Item List as a reference to the verified Bid Item List.
California Test: Caltrans-developed test for determining work quality. For California Tests, go to the METS Web site.
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Department: City of Goleta
Director: City of Goleta Public Works Director
Engineer: The Director of Public Works, City of Goleta, acting either directly or through properly authorized agent or consultants.
Material Source Facility Audit: Self -audit and a Caltrans audit evaluating a facility’s capability to consistently produce materials that comply with Caltrans standards.
Plans: State Standard plans, revised standard plans, and project plans.
1. State Standard Plans: The 2018 Standard Plans of the Department of Transportation of the State of California.
2. Revised Standard Plans: The Revised Standard Plans of the Department of Transportation of the State of California.
3. Project Plans: Drawings specific to the project, including authorized shop drawings
Schedule:
1. Baseline Schedule: Initial schedule showing the original work plan starting on the date of Contract approval. This schedule shows no completed work to date and no negative float or negative lag to any activity.
2. Updated Schedule: Current schedule developed from the accepted baseline and any subsequent accepted update schedules through regular monthly review to incorporate actual past progress.
Specifications: State Standard Specifications, revised standard specifications, special provisions
1. State Standard Specifications: Specifications standard to Caltrans’ construction projects. These specifications are in a book titled Standard Specifications 2023.
2. Revised Standard Specifications: New or revised standard specifications.
3. Special Provisions: Specifications specific to the project.
Structure Design: City of Goleta Department of Public Works
Add to Section 1-1.07B:
Caltrans: California Department of Transportation as defined in State and Highway Code Section 20 and authorized in State and H ighway Code Section 90; its authorized representatives.
Office Engineer: City of Goleta
Project biologist: A USFWS-approved biologist provided by the City
Replace Section 1-1.12 with:
1-1.12 MISCELLANEOUS
Make checks and bonds payable to the City of Goleta.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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2 BIDDING
Add to Section 2-1.01:
2-1.01 GENERAL
The bidder’s attention is directed to the provisions in Section 2 BIDDING of the State Standard Specifications for the requirements and conditions which he/she must observe in the preparation of the proposal form and the submission of the bid.
Add to Section 2-1.03:
2-1.03.1 OBTAINING PLANS AND SPECIFICATIONS
All Contract Documents and the Proposal Forms for bidding this project, may be obtained at PlanetBids at http://www.planetbids.com/ . The service requires that the Contractor establish a username and password to download and/or order plans and specifications.
R
eplace Reserved in Section 2-1.05 with:
2-1.05 CONFLICT OF INTERESTS
In conformance with Public Contract Code Section 7106, a Noncollusion Affidavit is included in the Bid Book. Signing the Bid Book shall also constitute the signature of the Noncollusion Affidavit.
The Contractor, sub-recipient or subcontractor shall not discriminate based on race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of Title 49 CFR (Code of Federal Regulations), Part 26 in the award and administration of US DOT -assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the recipient deems appropriate.
Each subcontract signed by the bidder must include this assurance.
2-1.05A FEDERAL LOBBYING RESTRICTIONS
Section 1352, Title 31, United States Code prohibits Federal funds from being expended by the recipient or any lower tier sub recipient of a Federal -aid contract to pay for any person for influencing or attempting to influence a Federal agency or Congress in connection with the awarding of any Federal-aid contract, the making of any Federal grant or loan, or the entering into of any cooperative agreement. If any funds other than Federal funds have been paid for the same purposes in connection with this Federal-aid contract, the recipient shall submit an executed certification and, if required, submit a completed disclosure form as part of the bid documents. A certification for Federal -aid contracts regarding payment of funds to lobby Congress or a Federal agency is included in the Proposal. Exhibit 10- Q, “Disclosure of Lobbying Activities,” with instructions for completion of the Standard Form is also included in the Proposal. Signing the Proposal shall constitute signature of the Certification. The above referenced certification and disclosure of lobbying activities shall be included in each subcontract and any lower -tier contracts exceeding $100,000. All disclosure forms, but not certifications, shall be forwarded from tier to tier until received by the Engineer. The Contractor, subcontractors and any lower -tier contractors shall file a disclosure form at the end of each calendar 378
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quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed by the Contractor, subcontractors and any lower-tier contractors. An event that materially affects the accuracy of the information reported includes:
1. A cumulative increase if $25,000 or more in the amount paid or expected to be paid for influencing or attempting to influence a covered Federal action; or
2. A change in the person(s) or individual(s) influencing or attempting to influence a covered Federal action; or
3. A change in the officer(s), employees(s), or Member(s) contacted to influence or attempt to influence a covered Federal Action.
Replace Section 2-1.06A General with:
2-1.06A General
The requirements specified in of the State Standard Specifications shall be replaced as follows:
Bids must be submitted to the City of Goleta’s Planet Bids portal as outlined in the Notice to Contractors and shall be submitted no later than the date and time of public submittal of proposals as specified in the Notice to Contractors. Any addenda to these Special Provisions or other contract documents shall be acknowledged where indicated.
2-1.06.A(1) QUESTIONS
Questions shall be submitted in writing to http://www.planetbids.com/ no later than (5) five
working days prior to the bid opening. Questions submitted after the above listed deadline will not be addressed and will be returned to the Contractor. The City will respond in writing to the questions (3) three working days prior to the bid opening. 379
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Add between the 1st and 2nd paragraphs of Section 2-1.06B:
The City makes the following supplemental project information available:
Supplemental Project Information
Means Description
Included in the Information
Handout
• Coastal Development Permit No CDP4-23-
0362
• USACE Nation Wide Permit (NWP) 404
Permit
• RWQCB 401 Certification No 34223WQ33
• CDFW 1602 Notification EPIMS-SBA-
41011-R5
• Foundation Report San Jose Creek Multi-
Purpose Bike Path (Southern Segment –
SR217 PUC and RW-19)
• Foundation Report San Jose Creek Multi-
Purpose Bike Path (SR217 Pedestrian
Bridge)
• Foundation Report San Jose Creek Multi-
Purpose Bike Path (Northern Segment –
RW1, RW3, RW4 and RW5
• Lead and Asbestos Survey Report
• Restoration Contractor Scope of Work for
Mitigation
• NMFS Endangered Species Act Section
7(a)(2) Biological Opinion for the San Jose
Creek Multipurpose Path in Goleta,
California (EA: 05-1K630)
• USFWS Biological Opinion on San Jose
Creek Multipurpose Path Project (Caltrans
Project Number 05-1800-0229 / EA 05-
1K630)
• USFWS Programmatic Biological Opinion
for Projects Funded or Approved under the
Federal Highway Administration's Federal
Aid Program (8-8-10-F-58)
Included with the project plans Log of Test Borings
Add to Section 2-1.09:
2-1.09A CITY REQUIRED ALLOWANCES
The Contractors bid shall include the following City required Allowances set forth in the Bid. The allowances will include the following items:
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Furnish Field Office
a. As outlined in Section 10-1.05 FURNISH FIELD OFFICE of these Special Provisions
Unpermitted Encroachment Removal:
b. Removal and disposal of unpermitted encroachments in the public right-of-way (driveways, vehicles, awnings, shipping containers, etc.) c. As outlined in Section 15-1.03E UNPERMITTED ENROACHMENT REMOVAL of these Special Provisions.
Manmade buried object Removal
d. Includes the removal of any discovered manmade buried objects. e. As outlined in Section 19-1.03D MANMADE BURIED OBJECTS of these Special Provisions.
Additional Landscaping and Irrigation
f. Includes additional landscaping
g. Includes installation and repair of additional irrigation facilities h. As outlined in Section 20-10.04 Additional Landscaping and Irrigation of these Special Provisions
Dewatering (Groundwater)
i. As outlined in Section 13-4.03G DEWATERING 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:
1. Quantity.
2. Complete description of product and services provided under allowance.
3. Unit cost.
4. Total amount of purchase.
5. 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 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 381
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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.
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. When actual total cost is more or less than amount of allowance, the Contract Documents shall be adjusted by Change Order.
Add to Section 2-1.10 SUBCONTRACTOR LIST :
2-1.10.1 REQUIRED LISTING OF SUBCONTRACTORS
The bidder’s attention is directed to other provisions of said Act related to the imposition of penalties for a failure to observe its provisions by using unauthorized Subcontractors or by making unauthorized substitutions.
A sheet for listing the Subcontractors, as required herein, is included in the Proposal.
Bidders are cautioned that this listing requirement is in addition to the requirement to provide a list of DBE Subcontractors before and after the project's completion.
Add to Section 2-1.34:
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2-1.34 WARRANTY BOND
The Contractor shall execute and submit a completed Warranty Bond provided by the City for the Project. The Warranty Bond shall be submitted prior to the Notice of Completion date.
Nothing in the Contract Documents shall be construed to limit, relieve or release the Contractor’s, subcontractor’s and/or equipment supplier’s liability to the City for damages sustained as the result of latent defects in the equipment furnished or work performed.
Further, nothing in the Contract Documents shall be deemed to be a waiver by the City of any rights or remedies, or time limits in which to enforce such rights or remedies, that it may have against the Contractor, subcontractors, suppliers of the equipment and work performed under the Contract Documents.
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3 CONTRACT AWARD AND EXECUTION
The bidder's attention is directed to the provisions in Section 3 CONTRACT AWARD AND EXECUTION of the State Standard Specifications and these Special Provisions.
Add to Section 3-1.01:
3-1.01 AWARD OF CONTRACT
If the City awards the contract, the award is made to the lowest responsible and responsive bidder.
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 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.
The bidder's attention is directed to the provisions in Section 3 CONTACT AWARD AND EXECUTION of the Standard Specifications and these special provisions for the requirements and conditions concerning award and execution of contract.
Bid protests shall be submitted as outlined in the Notice to Contractors.
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The contract shall be executed by the successful bidder and shall be returned, together with the contract bonds, to the Agency so that it is received within ten (10) working days, after the bidder has received the contract for execution. Failure to do so shall be just cause for forfeiture of the proposal guaranty. The executed contract documents shall be delivered to the office of the City Clerk at 130 Cremona Drive, Suite B, Goleta, California 93117.
3-1.01A SUBCONTRACTOR AND DISADVANTAGED BUSINESS ENTERPRISE
RECORDS
Use each DBE Subcontractor as listed on the List of Subcontractors form and the Local Agency Bidder DBE Commitment (Construction Contracts), Exhibit 15-G Construction Contract DBE Commitment, forms unless the Contractor receives authorization for a substitution.
The Agency requests the Contractor to:
1. Notify the Engineer of any changes to its anticipated DBE participation
2. Provide this notification before starting the affected work
Add to the end of Section 3-1.05
Payment and Performance bonds shall name Caltrans as an additional Oblige.
Replace
Reserved in Section 3-1.12 with:
3-1.12 CONSTRUCTION CONTRACT DBE COMMITMENT
Complete and sign Exhibit 15-G Construction Contract DBE Commitment included in the contract documents regardless of whether DBE participation is reported.
Provide written confirmation from each DBE that the DBE is participating in the Contract. A copy of a DBE's quote serves as written confirmation. If a DBE is participating as a joint venture partner, the City of Goleta requires the Contractor to submit a copy of the joint venture agreement.
Replace Section 3-1.18 with:
3-1.18 CONTRACT EXECUTION
Attention is directed to Book 1 “Bid Book”. The successful bidder must sign the Contract.
Deliver to the office of the City Clerk at 130 Cremona Drive, Suite B, Goleta, California 93117.
1. Signed Contract
2. Contract bonds
3. Documents identified in Section 3-1.07 INSURANCE POLICIES
4. For a federal-aid contract, Caltrans Bidder - DBE Information form
5. A Form FHWA-1273 Certification from every subcontractor, found in Appendix G
6. Finalized SWPPP
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The Engineer must receive these documents before the 10th working day after the bidder receives the contract. The bidder's security may be forfeited for failure to execute the contract within the time specified (Pub Cont Code §§ 10181, 10182, and 10183).
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4 SCOPE OF WORK
Add to Section 4-1.01:
4-1.01 GENERAL
The Project includes, without limitation, furnishing all necessary labor, materials, equipment and other incidental and appurtenant Work necessary to satisfactorily complete the Project, as more specifically described in the Contract Documents. This Work will be performed in strict conformance with the Contract Documents, permits from regulatory agencies with jurisdiction, and applicable regulations. The quantity of Work to be performed and materials to be furnished are approximations only, being given as a basis for the comparison of Bids. Actual quantities of Work to be performed may vary at the discretion of the Engineer. The project i ncludes but is not limited to traffic control, clearing and grubbing, tree removal, excavation, erosion control, SWPPP installation and maintenance, and construction of pavement, pedestrian overcrossing, cable railing, fencing, curb, gutter, sidewalk, retaining walls, drainage facilities, landscaping, on and offsite mitigation planting, and signing and striping.
Add to Section 4-1.05:
4-1.05C SIGNIFICANT CHANGES IN THE CHARACTER OF WORK
1. 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 invalidate the contract nor release the surety, and the contractor agrees to perform the work as altered.
2. 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 other 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 the contractor in such amount as the engineer may determine to be fair and equitable.
3. 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.
4. The term “significant change” shall be construed to apply only to the following circumstances:
• When the character of the work as altered differs materially in kind or nature 385
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from that involved or included in the original proposed construction; or • When a major item of work, as defined elsewhere in the contract, is increased in excess of 125 percent or decreased below 75 percent of the original contract quantity. Any allowance for an increase in quantity shall apply only to that portion in excess of 125 percent of original contract item quantity, or in case of a decrease below 75 percent, to the actual amount of work performed.
Add to Section 4-1.06:
4-1.06 DIFFERING SITE CONDITIONS (23 CFR 635.109)
In addition to Section 4- 1.06 DIFFERING SITE CONDITIONS (23 CFR 635.109) of the State Standard Specifications the following shall apply.
During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the contract or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract, are encountered at the site, the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before the site is disturbed and before the affected work is performed.
Upon written notification, the engineer will investigate the conditions, and if it is determined that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment, excluding anticipated profits, will be made and the contract modified in writing accordingly.
The engineer will notify the contractor of the determination whether or not an adjustment of the contract is warranted.
No contract adjustment which results in a benefit to the contractor will be allowed unless the contractor has provided the required written notice.
The Contractor will be allowed ten (10) working days from the notification of the Engineer's determination of whether or not an adjustment of the contract is warranted, in which to file a notice of potential claim in conformance with the provisions of Section 5-1.43 POTENTIAL CLAIMS AND DISPUTE RESOLUTION of these Special Provisions; otherwise the decision of the Engineer shall be deemed to have been accepted by the Contractor as correct. The notice of potential claim shall set forth in what respects the Contractor's position differs from the Engineer's determination and provide any additional information obtained by the Contractor. The notice of potential claim shall be accompanied by the Contractor's certification that the following were made in preparation of the bid: a review of the contract, a review of the "Materials Information,", and an examination of the conditions above ground at the site.
Supplementary information, obtained by the Contractor subsequent to the filing of the notice of potential claim, shall be submitted to the Engineer in an expeditious manner.
Replace Section 4-1.07C with:
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4-1.07C VALUE ANALYSIS WORKSHOP
Not Used
Add to Section 4-1.13:
4-1.13 CLEAN UP
In addition to the requirements of Section 4-1.13 CLEANUP of the State Standard Specifications, the following shall apply:
The Contractor shall remove all temporary pavement delineation.
Prior to submitting the final payment request, the Contractor shall remove all reference markings (i.e. USA markings, striping reference points, utility reference points) placed during the course of work.
Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items and no additional compensation will be allowed therefor.
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5 CONTROL OF WORK
Replace Reserved in Section 5-1.05 with:
5-1.05 ORDER OF WORK
The first order of work shall be for the Contractor to contact Underground Service Alert (U.S.A.) and to verify the location of all utilities in the vicinity of the work.
Clearing and grubbing and tree removal shall begin on the northern segment of the project. All vegetation removal for both segments shall be completed prior to February 1, 2026.
During construction of the northern segment, instream work shall be limited to the low- flow period from June 1 through October 31 in any given year. In stream work is defined as working in the stream channel or within thirty (30) feet of the active channel.
The Contractor shall prepare a traffic control plan that conforms to Section 12 TEMPORARY TRAFFIC CONTROL PLAN.
The work shall be performed in conformance with the phases of construction shown on the Contractor's Traffic Control Plan. Non-conflicting work in subsequent phases may proceed concurrently with work in preceding phases.
The Contractor to contact Underground Service Alert (U.S.A.) and to verify the location of all utilities in the vicinity of the bridge widening. The Contractor shall verify the size, location (horizontal and vertical) to the satisfaction of the Engineer a nd utility representatives as outline in Section 19-1.01A(1) POTHOLE UTILITIES of these Special 387
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Provisions. The Contractor shall provide the pothole information within the time frame outlined in Section 19-1.01A(1) POTHOLE UTILITIES. The Contractor shall notify the Engineer five (5) working days prior to commencing potholing within the project segment areas. The Contractor’s attention is directed to Section 19- 1.01A(1) POTHOLE UTILITIES, in these Special Provisions.
Replace Reserved in Section 5-1.07 with:
5-1.07 SUPERINTENDENCE
The Contractor shall designate in writing before starting work, an authorized representative who shall have the authority to represent and act for the Contractor. When the Contractor is comprised of two ( 2) or more persons, firms, partnerships or corporations functioning on a joint venture basis, the Contractor shall designate in writing before starting work, the name of one authorized representative who shall have the authority to represent and act for the Contractor.
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 the Engineer shall be made for any emergency work which may be required. Whenever the Contractor or the 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 the 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 the Engineer, not otherwise required by the specifications to be in writing, will on request of the Contractor, be given or confirmed by the Engineer in writing.
Replace Section 5-1.08 with:
5-1.08 INSPECTION
All work is subject to inspection and approval by the Engineer. The Contractor shall notify the Engineer, along with all affected utility companies, two (2) working days in advance of the start of work to coordinate and schedule inspection staff.
The City will provide one (1) inspection and one (1) resident engineering cost on 8- hour day and 40-hour week basis only excluding designated City, State, or Federal holidays.
The Contractor shall reimburse the City in the amount of $185.00 per hour for the actual cost of all inspection and $250 per hour for Resident Engineer cost in excess of the hours of work specified here, outlined in the lane closure charts, and working hours or inspection performed during designated City, State, or Federal holidays. Designated City holidays are listed in Section 7-1.02K(5) WORKING HOURS of these Special Provisions.
The Contractor shall provide a competent person during normal working hours to assist the Engineer, when required, in checking the Contractor’s layout and for measuring quantities for payment purposes. The Contractor shall cooperate with the Engineer so that checking and measuring may be accomplished w ith the least interference to the Contractor’s operations.
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No additional compensation will be made to the Contractor for fulfilling these requirements.
Add to the end of Section 5-1.09A:
The Department encourages the project team to exhaust the use of partnering in dispute resolution before engagement of an objective third party.
For certain disputes, a facilitated partnering session or facilitated dispute resolution session may be appropriate and effective in clarifying issues and resolving all or part of a dispute.
To afford the project team enough time to plan and hold the session, a maximum of twenty (20) working days may be added to the Dispute Resolution Board referral time following the Engineer's response to a Supplemental Potential Claim Record.
To allow this additional referral time, the project team must document its agreement and intention in the dispute resolution plan of the partnering charter. The team may further document agreement of any associated criteria to be met for use of the additional referral time.
If the session is not held, the DRB referral time remains in effect as specified in Section 5-1.43 POTENTIAL CLAIMS AND DISPUTE RESOLUTION of these Special Provisions.
Add to the end of Section 5-1.13A:
In addition to the requirements of Section 5- 1.13 SUBCONTRACTING of the State Standard Specifications, and in accordance with the requirements of Section 4100 to 4113, inclusive, of the Government Code, each bidder shall list in his proposal the name and business address of each Subcontractor to whom the bidder proposes to subcontract all or a portion of the work. Said list shall include a description of the portion of the work which will be done by each Subcontractor. A sheet for listing the Subcontractor ’s, as required, is included in the proposal.
Add to the end of Section 5-1.13B(1):
The Subcontractors records shall conform to section 3- 1.01A SUBCONTRACTOR AND DISADVANTAGED BUSINESS ENTERPRISE RECORDS of these Special Provisions.
Replace Section 5-1.13B(3) with:
5-1.13B(3) USE OF JOINT CHECKS
In addition to Section 5-1.13B(3) USE OF JOINT CHECKS, the following shall apply:
A joint check may be used between the Contractor or lower-tier subcontractor and a DBE subcontractor purchasing materials from a material supplier if the contractor obtains prior approval from the LPA for the proposed use of joint check upon submittal of the LAPM 9- K: DLA Disadvantaged Business Enterprises (DBE) Joint Check Agreement Request form.
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To use a joint check, the following conditions must be met:
• All parties, including the Contractor, must agree to the use of a joint check • Entity issuing the joint check acts solely to guarantee payment • DBE must release the check to the material supplier
• LPA must authorize the request before implementation
• Any party to the agreement must provide requested documentation within 10 days of the LPA's request for the documentation
• Agreement to use a joint check must be short-term, not to exceed 1 year, allowing sufficient time needed to establish or increase a credit line with the material supplier
A request for a joint check agreement may be initiated by any party.
If a joint check is used, the DBE remains responsible for all elements of 49 CFR
26.55(c)(1).
Failure to comply with the above requirements disqualifies DBE participation and results in no credit and no payment to the Contractor for DBE participation.
A joint check may not be used between the Contractor or subcontractor and a DBE regular dealer, bulk material supplier, manufacturer, wholesaler, broker, trucker, packager, manufacturer’s representative, or other persons who arrange or expedite transactions.
Add Section 5-1.13B(4):
5-1.13B(4) TERMINATION AND REPLACEMENT OF DBE SUBCONTRACTORS The prime contractor shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless the contractor obtains the Agency’s written consent. The prime contractor shall not terminate or replace a listed DBE for convenience and perform the work with their own forces or obtain materials from other sources without prior written authorization from the Agency. Unless the Agency’s prior written consent is provided, the contractor shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 15- G Construction Contract DBE Commitment form, included in the Bid.
Termination of DBE Subcontractors
After a contract with a specified DBE goal has been executed, termination of a DBE may be allowed for the following, but not limited to, justifiable reasons with prior written authorization from the Agency:
1. Listed DBE fails or refuses to execute a written contract based on plans and specifications for the project.
2. The Local Agency stipulated that a bond is a condition of executing the subcontract and the listed DBE fails to meet the Local Agency’s bond requirements.
3. Work requires a contractor's license and listed DBE does not have a valid 390
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license under Contractors License Law, or is not properly registered with the California Department of Industrial Relations as a public works contractor.
4. Listed DBE fails or refuses to perform the work or furnish the listed materials (failing or refusing to perform is not an allowable reason to remove a DBE if the failure or refusal is a result of bad faith or discrimination).
5. Listed DBE's work is unsatisfactory and not in compliance with the contract.
6. Listed DBE is ineligible to work on the project because of suspension or debarment.
7. Listed DBE becomes bankrupt or insolvent or exhibits credit unworthiness.
8. Listed DBE voluntarily withdraws with written notice from the Contract
9. Listed DBE is ineligible to receive credit for the type of work required.
10. Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the Contract.
11. The Agency determines other documented good cause.
To terminate a DBE or to terminate a portion of a DBE's work, the contractor must use the following procedures:
1. Send a written notice to the DBE of Contractor’s intent to use other forces or material sources and include one or more justifiable reasons listed above.
Simultaneously send a copy of this written notice to the Agency. The written notice to the DBE must request they provide any response within five (5) business days to both the Contractor and the Agency by either acknowledging their agreement or documenting their reasoning as to why the use of other forces or sources of materials should not occur.
2. If the DBE does not respond within 5 business days, Contractor may move forward with the request as if the DBE had agreed to Contractor’s written notice.
3. Submit Contractor’s DBE termination request by written letter to the Agency and include:
• One or more above listed justifiable reasons along with supporting documentation.
• Contractor’s written notice to the DBE regarding the request, including proof of transmission and tracking documentation of Contractor’s written notice
• The DBE's response to Contractor’s written notice, if received. If a written response was not provided, provide a statement to that effect.
The Agency shall respond in writing to Contractor’s DBE termination request within five (5) business days.
Replacement of DBE Subcontractors
After receiving the Agency’s written authorization of DBE termination request, the Contractor must obtain the Agency’s written agreement for DBE replacement. The 391
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Contractor must find or demonstrate GFEs to find qualified DBE replacement firms to perform the work to the extent needed to meet the DBE commitment.
The following procedures shall be followed to request authorization to replace a DBE firm:
1. Submit a request to replace a DBE with other forces or material sources in writing to the Agency which must include:
a. Description of remaining uncommitted work items made available for replacement DBE solicitation and participation.
b. The proposed DBE replacement firm's business information, the work they have agreed to perform, and the following:
• Quote for bid item work and description of work to be performed • Proposed subcontract agreement and written confirmation of agreement to perform on the Contract
• Revised Subcontracting Request form
• Revised Exhibit 15-G: Construction Contract DBE Commitment
2. If Contractor has not identified a DBE replacement firm, submit documentation of the Contractor’s GFEs to use DBE replacement firms within seven (7) days of Agency's authorization to terminate the DBE. The Contractor may request the Agency's approval to extend this submittal period to a total of fourteen (14) days. Submit documentation of actions taken to find a DBE replacement firm, such as:
• Search results of certified DBEs available to perform the original DBE work identified and/or other work the Contractor had intended to self - perform, to the extent needed to meet the DBE commitment • Solicitations of DBEs for performance of work identified • Correspondence with interested DBEs that may have included contract details and requirements
• Negotiation efforts with DBEs that reflect why an agreement was not reached
• If a DBE's quote was rejected, provide Contractor’s reasoning for the rejection, such as why the DBE was unqualified for the work, or why the price quote was unreasonable or excessive
• Copies of each DBE's and non- DBE's price quotes for work identified, as the Agency may contact the firms to verify solicitation efforts and determine if the DBE quotes are substantially higher
• Additional documentation that supports the GFE
The Agency shall respond in writing to the Contractor’s DBE replacement request within five (5) business days. The Contractor must submit a revised Subcontracting Request form if the replacement plan is authorized by the Agency.
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Add Section 5-1.13B(5):
5-1.13B(5) COMMITMENT AND UTILIZATION
The Agency’s DBE program must include a monitoring and enforcement mechanism to ensure that DBE commitments reconcile to DBE utilization.
The bidder shall complete and sign Exhibit 15-G Construction Contract DBE Commitment included in the contract documents regardless of whether DBE participation is reported.
The bidder shall provide written confirmation from each DBE that the DBE is participating in the Contract. LAPM Exhibit 9-I: DBE Confirmation or equivalent form and DBE’s quote must be submitted. The written confirmation must be submitted no later than 4pm on the 5th day after bid opening. If a DBE is participating as a joint venture par tner, the bidder shall submit a copy of the joint venture agreement.
If the DBE Commitment form, Exhibit 15 -G, is not submitted with the bid, it must be completed and submitted by all bidders to the Agency within five (5) days of bid opening.
If the bidder does not submit the DBE Commitment form within the specified time, t he Agency will find the bidder’s bid nonresponsive.
The prime contractor shall use each DBE subcontractor as listed on Exhibit 15- G:
Construction Contract DBE Commitment unless they receive written authorization for a termination or replacement from the Agency.
The Agency shall request the prime contractor to:
1. Notify the Resident Engineer or Inspector of any changes to its anticipated DBE participation
2. Provide this notification before starting the affected work
3. Maintain records including:
• Name and business address of each 1st-tier subcontractor • Name and business address of each DBE subcontractor, DBE vendor, and DBE trucking company, regardless of tier
• Date of payment and total amount paid to each DBE (see Exhibit 9 -F:
Monthly Disadvantaged Business Enterprise Payment)
If the prime contractor is a DBE contractor, they shall include the date of work performed by their own forces and the corresponding value of the work.
Before the 15th of each month, the prime contractor shall submit a Monthly DBE Trucking Verification (LAPM Exhibit 16-Z1) form.
If a DBE is decertified before completing its work, the DBE must notify the prime contractor in writing of the decertification date. If a business becomes a certified DBE before completing its work, the business must notify the prime contractor in writing of the certification date. The prime contractor shall submit the notifications. Upon work completion, the prime contractor shall complete a Disadvantaged Business Enterprises 393
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(DBE) Certification Status Change, Exhibit 17-O, form and submit the form within 30 days of contract acceptance.
Upon work completion, the prime contractor shall complete Exhibit 17- F Final Report – Utilization of Disadvantaged Business Enterprises (DBE), First -Tier Subcontractors and submit it within 90 days of contract acceptance. The Agency will withhold $10,000 u ntil the form is submitted. The Agency releases the withhold upon submission of the completed form.
Add Section 5-1.13B(6):
5-1.13B(6) RUNNING TALLY OF ATTAINMENTS
For projects that are awarded on or after September 1, 2023:
Exhibit 9-F is no longer required. Instead, by the 15th of the month following the month of any payment(s), the prime contractor must now submit Exhibit 9- P to the Local Agency administering the contract. If the Contractor does not make any payments to subcontractors, supplier(s) and/or manufacturers they must report “no payments were made to subs this month” and write this visibly and legibly on Exhibit 9-P.
Add Section 5-1.13B(7):
5-1.13B(7) COMMERCIALLY USEFUL FUNCTION
DBEs must perform a commercially useful function (CUF) under 49 CFR 26.55 when performing work or supplying materials listed on the DBE Commitment form. The DBE value of work will only count toward the DBE commitment if the DBE performs a CUF. A DBE performs a CUF when it is responsible for execution of the work on the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. If a DBE does not perform or exercise responsibility for at least 30% of the total cost of its contract with its own work force, or the DBE subcontracts a greater portion of the work of a contract than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that the DBE is not performing a CUF.
Additionally, the DBE must also be responsible, with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material and installing (where applicable), and paying for the material itself.
The Contractor must perform CUF evaluation for each DBE company working on a federal-aid contract, with or without a DBE goal. Perform a CUF evaluation at the beginning of the DBE’s work, and continue to monitor the performance of CUF for the duration of the project.
The Contractor must provide written notification to the AGENCY at least fifteen (15) days in advance of each DBE's initial performance of work or supplying materials for the Contract. The notification must include the DBE's name, work the DBE will perform on the contract, and the location, date, and time of where their work will take place.
Within ten (10) days of a DBE initially performing work or supplying materials on the contract, the Contractor shall submit to the LPA the initial evaluation and validation of 394
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DBE performance of a CUF using the LAPM 9- J: Disadvantaged Business Enterprise Commercially Useful Function Evaluation. Include the following information with the submittal:
• Subcontract agreement with the DBE
• Purchase orders
• Bills of lading
• Invoices
• Proof of payment
The Contractor must monitor all DBE’s performance of CUF by conducting quarterly evaluations and validations throughout their duration of work on the contract using the LAPM 9-J: DBE Commercially Useful Function Evaluation. The Contractor must submit to the AGENCY these quarterly evaluations and validations by the 5 th of the month for the
previous three (3) months of work.
The Contractor must notify the AGENCY immediately if the Contractor believes the DBE may not be performing a CUF.
The AGENCY will verify DBEs performance of CUF by reviewing the initial and quarterly submissions of LAPM 9 -J: DBE Commercially Useful Function Evaluation, submitted supporting information, field observations, and through any additional AGENCY evaluations. The AGENCY must evaluate DBEs and their CUF performance throughout the duration of a Contract. The AGENCY will provide written notice to Contractor and DBE at least two (2) business days prior to any evaluation. The Contractor and DBE must participate in the evaluation. Upon completing the evaluation, the AGENCY must share the evaluation results with the Contractor and DBE. An evaluation could include items that must be remedied upon receipt. If the AGENCY determines the DBE is not performing a CUF the Con tractor must suspend performance of the noncompliant work. The Contractor and DBEs must submit any additional CUF related records and documents within five (5) business days of AGENCY’s request such as:
• Proof of ownership or lease and rental agreements for equipment • Tax records
• Employee rosters
• Certified payroll records
• Inventory rosters
Failure to submit required DBE Commercially Useful Function Evaluation forms or requested records and documents can result in withholding of payment for the value of work completed by the DBE.
If the Contractor and/or the AGENCY determine that a listed DBE is not performing a CUF in performance of their DBE committed work, immediately suspend performance of the noncompliant portion of the work. The AGENCY may deny payment for the noncompliant portion of the work. The AGENCY will ask the Contractor to submit a corrective action plan (CAP) to the AGENCY within five (5) days of the noncompliant CUF determination. 395
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The CAP must identify how the Contractor will correct the noncompliance findings for the remaining portion of the DBE's work. The AGENCY has five (5) days to review the CAP in conjunction with the prime contractor’s review. The Contractor must implement the CAP within five (5) days of the AGENCY's approval. The AGENCY will then authorize the prior noncompliant portion of work for the DBE's committed work.
If corrective actions cannot be accomplished to ensure the DBE performs a CUF on the Contract, then the Contractor may have good cause to request termination of the DBE.
Add to section 5-1.16:
5-1.16 REPRESENTATIVE
In addition to the requirements of Section 5-1.16 of the State Standard Specifications, the Contractor must have a representative onsite at all times while work is in progress who has decision making authority.
Add to the end of Section 5-1.20A:
During the progress of the work under this Contract, work under the following contracts may be in progress at or near the job site of this Contract:
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Coincident or Adjacent Contracts
Contract no. County–Route–Post
Mile
Location Type of work
05-1H4304 05-SB-101-21.2/22.3 In Santa Barbara
County in Goleta
From Route
101/217
Separation and
Overhead to 0.3
Miles North of San
Jose Creek
Bridges
San Jose Creek
Bridge
Replacement
05-1C3604 05-SB-217-0.9/1.4 In Santa Barbara
County in Goleta
On Route 217
Near Goleta From
0.2 Mile East of
Goleta Slough
Bridge to 0.4 Mile
East of San Jose
Creek Bridge
San Jose Creek
Bridge
Replacement
05-4611U4 05-SB-217-1.5/2.5 On Route 217 at
Hollister Avenue
Between PM 1.5
and 2.5
Interchange
Roundabouts,
Ekwill Street and
Fowler Road
Extensions
05-1C3614 05-SB-217-0.9/1.4 On Route 217
Near Goleta From
0.2 Mile East of
Goleta Slough
Bridge to 0.4 Mile
East of San Jose
Creek Bridge
San Jose Creek
Bridge
Replacement
Planting Mitigation
Coordinate lane closures and traffic handling with the Engineer and with contractors of coincident or adjacent projects. Potential conflicts may not be limited to the contracts listed above.
Replace the 1st sentence of Section 5-1.20B (1) with:
Comply with PLACs and the ECRs. Your work will be performed in compliance with the most restrictive condition of the PLACs and ECRs. The Department makes PLAC changes under section 4-1.05. Maintain a copy of each PLAC at the job site. The following are PLACs contained in Appendix D:
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PLACs
Agency/Authority Permit/Permit Number Approval Date
City of Goleta Land Use Development
Permit
TBD
Coastal Commission Coastal Development Permit December 27, 2023 California Department of
Fish and Game
Section 1602 Streambed
Alteration Agreement EPIMS-
SBA-41011
January 26, 2024
Regional Water Quality
Control Board
Section 401 Water Quality
Certification No. 34223WQ33
October 30, 2023
US Army Corps of
Engineers
Section 404 Permit January 17, 2024
Caltrans Encroachment Permit 05-24-
N-OP-0404
May 29, 2024
Caltrans Non-Utility Encroachment
Exception
February 23, 2024
Add to the end of Section 5-1.32:
Personal vehicles of your employees must not be parked on the traveled way or shoulders, including sections closed to traffic.
Add to Section 5-1.23:
The Contractor is required to use Construction Management Information System Software (CMIS) for all project documents and submittals, at the Contractor’s expense.
5-1.23A GENERAL
REVIEW TIMEFRAME:
1. Except as may be provided in technical specifications, a submittal will be returned as specified in the standard specifications.
When a submittal cannot be returned within the specified period, Engineer will, within a reasonable time after receipt of the submittal, give notice of the date by which that submittal will be returned.
The Engineers acceptance of progress schedule containing submittal review times less than those specified or agreed to in writing by Engineer will not constitute Engineer’s acceptance of review times.
Critical submittals:
a) Contractor will notify Engineer in writing that timely review of a submittal is critical to the progress of Work.
The Engineer will provide decision on request.
a) Written acceptance of request.
b) Written agreement by Engineer to reduce submittal review time will be made only for unusual situations.
c) Written rejection of request.
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SUBMITTAL REVIEW COSTS:
1. The City’s cost for review of submittals for the same proposed materials, equipment or work shall be apportioned as follows:
a. The cost of review of the initial submittal and the first revised submittal will be borne by the City.
b. The cost to review all additional revised submittals after the first revised submittal will be charged to the Contractor at $500 per submittal. The cost of review shall include, without limitation, administrative, design and engineering activities directly related to review of submittals. c. If a submittal is approved and the Contractor elects to submit an alternate item for review for the same application, the Contractor shall be responsible for the review costs for the alternate submittal at $500 per submittal. The cost of review shall include, without limitation, administrative, design and engineering activities directly related to review of submittals.
Delete item 2 in the list in the 3rd paragraph of Section 5-1.23B(2).
Add to Section 5-1.23B(2):
Do not submit paper copies to Office of Structural Design OSD, Documents Unit.
For submittals to OSD, Documents Unit, e- mail shop drawings and calculation sheets electronically to [email protected].
Each PDF e-mail attachment must not exceed 25 MB in size. The e -mail message must not exceed 50 MB in size.
Each electronic e-mail submission must:
1. Be in PDF format
2. Have a resolution of at least 300 dpi
3. Contain the following information in the subject line:
3.1. "Shop Drawing Submittal"
3.2. Contract number
3.3. Bid item number
3.4. If separate e- mails are needed to accommodate large files, indicate the total number of e-mails included in the submittal
4. List each PDF file and its number of pages
Use the following naming convention for PDF files the Contractor submits:
For shop drawings:
SD_Contract number_Bridge number_Bid item number_Submittal e-mail number Example: SD_12-345678_54-0001_123_1_of_<<Total Number>>.PDF For calculations:
CALC_Contract number_Bridge number_Bid item__number_Submittal e- mail number
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Example: CALC_12-345678_54-0001_123_1_of_<<Total Number>>.PDF
If submittal of more than 1 copy or set of shop drawings or calculations is specified, submit only 1 electronic copy.
After submitting the Contractor’s electronic files, send a notification of the Contractor’s electronic submittal to the Engineer. Include the names of the submitted files.
Upon completion of review, the City returns 1 electronic copy with the date of authorization.
Add to Section 5-1.24
CONTRACTOR’S DAILY REPORTS
The Contractor shall maintain daily job reports recording all significant activity on the project, including number of workers on site, names and job classification of employees, active construction equipment used, notable deliveries, work activities, delays, interruptions or any problems encountered.
The Contractor shall submit a Contractor’s Daily Report f orm, for approval by the
Engineer, to record this information and submit this form to the Engineer no later than the following morning for the previous work day. If this is not submitted on time, the City shall withhold $500/day until this report is turned in.
I
f there is no work performed on any given day, the Contractor shall note the reasons for no work and submit a daily report to the Engineer on those days also.
Failure to stay current with daily reporting will be just cause for the Owner not processing a progress payment until reports are submitted.
Replaced Reserved in Section 5-1.25 with:
5-1.25 RECORD DRAWINGS
The Contractor shall maintain a neat and accurate marked set of record drawings showing the final locations and layout of roadways, piping and conduit; structures; and other facilities. Maintain record drawings electronically on CMIS. Drawings shall be kept current weekly, with all work instructions and change orders, and construction adjustments. Drawings shall be subject to the inspection of the Engineer at all times and progress payments, or portions thereof, may be withheld if drawings are not accurate and current. Pipe material shall be added to drawings, if not denoted on contract drawings.
Prior to acceptance of the work, the Contractor shall deliver to the Engineer one set of neatly marked record drawings in electronic format accurately showing the i nformation required above.
Record drawings shall be submitted and approved by the Engineer in accordance with these Special Provisions.
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Full compensation for conforming to the requirements of this Section shall be considered as included in the prices paid for the various contract items and no additional compensation will be allowed therefore.
Replaced Reserved in Section 5-1.26 with:
5-1.26 CONSTRUCTION SURVEYS:
The Contractor shall be responsible to hire a licensed land surveyor to provide all surveys to control the lines, elevations and dimensions of the work in conformance with the plans.
Any deviation from the lines, elevations and dimensions shown on the plans must receive prior approval from the Engineer. Where new construction connects to existing facilities, the Contractor shall check and establish the exact location prior to construction of the facility.
All stakes or marks will be provided by the Contractor as necessary to establish the lines and grades required for the completion of the work specified in the State Standard Specifications, on the plans, and in these special provisions.
The Contractor shall be responsible for the accuracy of his/her own layout work and shall be responsible and liable for the preservation of all established lines, grades and layout points. Stakes damaged or destroyed by the public or operations of the Contractor will be replaced at the Contractor’s expense.
Preservation and protection of survey monuments and markers encountered along the line of the work shall conform to the following: The Contractor shall notify the Engineer in writing of monuments that will be encountered and shall not be removed or damaged.
If a monument is determined by the Engineer to have been damaged or removed during the course work of the work by the Contractor and, notification is not made as described above, or markers are removed which are not in conflict with construction, the Contractor shall be responsible for the cost of referencing, resurvey, and replacement of the monument or marker. Replacement of Survey monuments and boxes shall be as set forth under Section 8771 of the California Business and Professions Code.
Prior to the start of work, the Contractor shall notify the Engineer of monuments encountered within the limits of the excavation identified in the field and as shown on the Plans. If monuments need to be replaced as a result of the Contractor’s activities to complete contract work, the replacement of the monument will be paid for as outlined in section 78-2 SURVEY MONUMENTS of these special provisions.
Replace Section 5-1.28 with:
5-1.28 PROJECT SAFETY SUPERVISOR AND REVIEWS
The Contractor’s assigned project safety supervisor must perform and document project safety reviews with the Engineer:
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Safety Supervisor – The Contractor shall appoint an employee as safety supervisor who is qualified and authorized to supervise and enforce compliance with the Safety Program. The Contractor shall notify the Engineer in writing prior to the commencement of work of the name of the person who will act as the Contractor’s safety supervisor and furnish the safety supervisor's resume to the Engineer.
T
he Contractor will, through and with its Safety Supervisor, ensure that all of its employees and its Subcontractors of any tier, fully comply with the Project Safety Policies/Plan. The Safety Supervisor shall be a full-time employee of the Contractor whose responsibility shall be for supervising compliance with applicable safety requirements on the Project site and for developing and implementing safety training classes for all job personnel. The City shall have the authority to require removal of the Contractor’s Safety Supervisor if the representative is judged to be improperly or inadequately performing the duties; however, this authority shall not in any way affect the Contractor’s sole responsibility for performing this work safely, nor shall it impose any obligation upon the City to ensure the Contractor performs its work safely.
Safety and P
rotection – The Contractor shall take all necessary precautions to prevent damage, injury, and loss to:
2. A
ll employees on the Project, employees of all subcontractors, and other persons and organizations who may be affected thereby;
3. All the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and
4. Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, wetlands, pavements, roadways, structures, utilities, and underground facilities not designated for removal, relocation, or replacement in the course of construction.
The Contractor shall comply with all applicable laws and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss and shall erect and maintain all necessary safeguards for such safety and protection. The Contractor shall notify owners of adjacent property and of underground facilities and utility districts when prosecution of the Work may affect them and shall cooperate with them in the protection, removal, relocation, and replacement of their property. All injury or loss to any property caused, directly or indirectly, in whole or in part, by the Contractor, any subcontractor, supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by the Contractor.
Replace Section 5-1.29 with:
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5-1.29 JOB HAZARD ANALYSES
The requirements specified in of the State Standard Specifications shall be replaced as follows:
Safety Program
– The Contractor shall establish, implement, and maintain a written injury prevention program as required by Labor Code Section 6401.7 and CA Code of Regs § 3203(a)(4) and 1511(b) . Before beginning the Work, the Contractor shall file with the Engineer a written Contractor Safety Program that provides for the implementation of all of the Contractor’s safety responsibilities and a job hazard analysis in connection with the Work at the Project site and the coordination of that program and its associated procedures and precautions with safety programs, precautions and procedures of each of its Subcontractors and other Contractors performing work at the Project site. The Contractor shall be solely responsible for initiating , maintaining, monitoring, coordinating, and supervising all safety programs, precautions, and procedures in connection with the Work and for coordinating its programs, precautions, and procedures of the other Contractors and Subcontractors performing the Work at the Project site. The Safety Program should contain all the necessary elements for the Contractor to administer its program on the Project site. At a minimum, this written Safety Program shall address the elements required by Labor Code Section 6401.7 and CA Code of Regs § 3203(a)(4).
S
ubmit each job hazard analysis as an informational submittal. Each job hazard analysis must identify the following:
1. Work activity description
2. Existing and predictable hazards associated with the work activity
3. Hazard control measures, preventative, or corrective actions to be taken for the work activity
Submit each job hazard analysis at least 5 working days before the start of a work activity.
During the project safety reviews required under Section 5- 1.28, discuss job hazard analyses for active work activities and work activities planned to start within 5 working days.
Submit a revised job hazard analysis when equipment or methods change results in a change to the hazards previously identified. Submit a revised job hazard analysis within one working day of the identified change.
Add to Section 5-1.32
Section 5-1.32 AREAS FOR USE:
Personal vehicles of the Contractor’s employees must not be parked on the traveled way or shoulders, including sections closed to traffic.
Add to Section 5-1.36
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5-1.36 PROPERTY AND FACILITY PRESERVATION
In addition to Section 5-1.36, " Property and Facility Preservation," of the State Standard Specifications the following shall apply. The Contractor shall protect existing pavement, striping, manholes, utilities, sidewalks, curbs, gutter, curb ramps, valley gutters, and driveways at all equipment crossings. The 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 for review by the Engineer. Damage to existing structures, private properties, and permanent improvements due to construction work conducted by the Contractor shall be restored to existing or better condition with no additional cost to the City.
Add to the list in Section 5-1.36A:
12. Existing hardscape
13. Retaining walls
14. Trees, shrubs, other plants
15. Irrigation facilities
Replace Reserved in Section 5-1.36C(2) with:
The Contractor is responsible for the care and protection of all materials and equipment until the completion and final acceptance of the work.
The Contractor shall provide protection to the project site against trespass, vandalism or theft during the Maintenance Period. Any damage caused by the lack of adequate site protection shall be repaired or replaced at no additional cost to the City.
Add to the second paragraph of Section 5-1.36E:
3. Replace damaged oaks and sycamores at a 10:1 ratio
4. Replace damaged elderberry, cottonwood, and willows at a 5:1 ratio
For tree protection plan and requirements, refer to Appendix F.
5-1.43 POTENTIAL CLAIMS AND DISPUTE RESOLUTION
In addition to the requirement outlined in section 5- 1.43 POTENTIAL CLAIMS AND DISPUTE RESOLUTION of the State Standard Specifications the City shall follow Caltrans’s dispute resolution process. A Notice Regarding Assembly Bill 626 is located within Appendix A of these Special Provisions.
Replace the 2nd paragraph of Section 5-1.46 with:
Immediately following the date the Engineer reports to the City Council as work completed, the Contractor is relieved from:
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Add to the end of Section 5-1.46:
A list of the remaining items (a punch list) will be prepared by the Engineer and given to the Contractor.
All punch list items shall be completed during the contract period. Failure to do so will not be considered an occasion of unavoidable delay. When all items have been completed to the satisfaction of the City Engineer, the project will be submitted to the City Council, which may accept the completed work.
The Contractor shall be responsible for restoring the proposed staging areas, the temporary access road, and any other areas temporarily impacted during construction evaluation to the work prior to the start of work. The project will not be accepted by the City until these areas are restored in kind to the satisfaction of the permits and acceptance of the Engineer. Before any work has begun, Contractor shall review the staging areas and access road with the Engineer to document their existing conditions.
Any paved areas shall be replaced with a structural section equal to or greater than the adjacent paved structural sections.
Any vegetated areas shall be replaced to its existing condition using planting similar to the adjacent undisturbed planting or as directed by the Engineer.
The costs for restoring of staging areas and access roads shall be included in the various items of work associated with this project and no separate payment will be made.
Add to Section 5-1.47:
5-1.47 GUARANTEE
The Contractor hereby agrees to make, at its sole expense, all repairs or replacements necessitated by defects in materials or workmanship, supplied under terms of the Contract Documents, and pay for any damage to other works resulting from such defects, which becomes evident within one (1) year after the date of acceptance of the Project as evidenced by the Notice of Completion recorded by the City. Unless otherwise provided in Contract Documents, the one (1) year warranty period is the shortest duration and such duration may be a longer period of time as may be prescribed by law or by the t erms of any applicable special guarantee required by the Contract Documents. The Contractor further assumes responsibility for a similar guarantee for all work and materials provided by subcontractors or manufacturers of packaged equipment components. The Contractor also agrees to indemnify, defend, and hold the City harmless from liability of any kind arising from damage due to said defects. T he Contractor shall repair failed areas in full, from lane line to lane line. All work done on failed areas shall be done in accordance with these Special Provisions and as directed by the Engineer.
The Contractor shall, upon the receipt of notice in writing from the City, promptly make all repairs arising out of defective materials, workmanship, or equipment. The City is hereby authorized to make such repairs, and the Contractor and its Surety shall be liable for the 405
SAN JOSE CREEK MULITPURPOSE PATH – NORTHERN AND SOUTHERN SEGEMENTS CITY PROJECT NO. 9006, FEDERAL AID PROJECT BRLS-5481(022) SP-34
cost thereof, if fifteen (15) working days after the City giving of such notice to the Contractor, the Contractor has failed to make or undertake the repairs with due diligence.
In case of emergency, where in the opinion of the City delay could cause serious loss or damage, repairs may be made without notice being sent to the Contractor, and the expense in connection therewith shall be charged to the Contractor, and/or its Surety shall be liable for the cost thereof.
Prior to the expiration of the warranty period, the City reserves the right to hold a meeting and require the attendance of the Contractor. The purpose of the meeting is to review warranties, bonds and maintenance requirements and determine required repair or replacement of defective items. For the purpose of this paragraph, acceptance of the Work or a portion of the Work by the City, shall not extinguish any covenant or agreement on the part of the Contractor to be performed or fulfilled under this Contract which has not, in fact, been performed or fulfilled at the time of such acceptance. All covenants and agreements shall continue to be binding on the Contractor until they have been fulfilled.
Nothing in the Contract Documents shall be construed to limit, relieve or release the Contractor’s, subcontractor’s and/or equipment supplier’s liability to the City for damages sustained as the result of latent defects in the equipment furnished or work performed.
Further, nothing in the Contract Documents shall be deemed to be a waiver by the City of any rights or remedies, or time limits in which to enforce such rights or remedies, that it may have against the Contractor, subcontractors, suppliers of the equipment and work performed under the Contract Documents.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
6 CONTROL OF MATERIALS
Add to Section 6:
In addition to Section 6 CONTROL OF MATERIALS of the State Standard Specifications, the Contractor shall follow the most current City of Goleta Quality Assurance Program.
Replaced Reserved in Section 6-1.03B with:
6-1.03B(1) General
Not Used
6-1.03B(2) Work Plan
For local material, such as rock, gravel, earth, structure backfill, pervious backfill, imported borrow, and culvert bedding, obtained from a (1) noncommercial source, or (2) source not regulated under California jurisdiction, submit a local material plan for each material at least 60 days before placing the material. The local material plan must include:
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SAN JOSE CREEK MULITPURPOSE PATH – NORTHERN AND SOUTHERN SEGEMENTS CITY PROJECT NO. 9006, FEDERAL AID PROJECT BRLS-5481(022) SP-35
1. Certification signed by you and an engineer who is registered as a civil engineer in the State or a professional geologist licensed as a professional geologist by the State stating:
I am aware local material from a noncommercial source or a source not regulated under CA jurisdiction must be sampled and analyzed for pH and lead and may require sampling and analysis under section 6-1.03B(3) for other constituents of concern based on the land use history. I am aware that local material sources must not contain ADL at concentrations greater than 80 mg/kg total lead or equal to or greater than 5 mg/L soluble lead as determined by the Waste Extraction Test (WET) Procedures, 22 CA Code of Regs § 66261.24(a)(2) App II. I am aware that a maximum quantity of material may be excavated at the site based on the minimum number of samples taken before excavating at the site under section 6-1.03B(3).
2. Land use history of the local material location and surrounding property
3. Sampling protocol
4. Number of samples per volume of local material
5. QA and QC requirements and procedures
6. Qualifications of sampling personnel
7. Stockpile history
8. Name and address of the analytical laboratory that will perform the chemical analyses
9. Analyses that will be performed for lead and pH
10. Other analyses that will be performed for possible hazardous constituents based on:
10.1. Source property history
10.2. Land use adjacent to source property
10.3. Constituents of concern in the ground water basin where the job site is located
The plan must be sealed and signed by an engineer who is registered as a civil engineer in the State or a professional geologist licensed as a professional geologist by the State.
If the plan requires revisions, the Engineer provides comments. Submit a revised plan within 7 days of receiving comments. Allow 7 days for the review. 6-1.03B(3) Analytical Test Results
At least 15 days before placing local material, submit analytical test results for each local material obtained from a noncommercial source or a source not regulated under CA jurisdiction. The analytical test results must include:
1. Certification signed by an engineer who is registered as a civil engineer in the State or a professional geologist licensed as a professional geologist by the State stating:
The analytical testing described in the local material plan has been performed.
I performed a statistical analysis of the test results using the US EPA's ProUCL software with the applicable 95 percent upper confidence limit. I certify that the 407
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material from the local material source is suitable for unrestricted use at the job site, it has a pH above 5.0, does not contain soluble lead in concentrations equal to or greater than 5mg/l as determined by the Waste Extraction Test (WET) Procedures, 22 CA Code of Regs § 66261.24(a)(2) App II, does not contain lead in concentrations above 80 mg/kg total lead, is free from all other contaminants identified in the local material plan, and will comply with the job site's basin plan and water quality objectives of the RWQCB.
2. Chain of custody of samples
3. Analytical results no older than 1 year
4. Statistical analysis of the data using US EPA’s ProUCL software with a 95 percent upper confidence limit
5. Comparison of sample results to hazardous waste concentration thresholds and the RWQCB's basin plan requirements and water quality objectives for the job site location
6-1.03B(4) Sample and Analysis
Sample and analyze local material from a (1) noncommercial source or (2) a source not regulated under CA jurisdiction:
1. Before bringing the local material to the job site
2. As described in the local material plan
3. Under US EPA Test Methods for Evaluating Solid Waste, Physical/Chemical Methods (SW-846)
The sample collection must be designed to generate a data set representative of the entire volume of proposed local material.
Before excavating at the (1) noncommercial material source or (2) a source not regulated under CA jurisdiction, collect the minimum number of samples and perform the minimum number of analytical tests for the corresponding maximum volume of local material as shown in the following table:
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Minimum Number of Samples and Analytical Tests for Local Material Maximum volume of imported
borrow (cu yd) Minimum number of samples and analytical tests < 5,000 8
5,000–10,000 12 for the first 5,000 cu yd plus 1 for each additional 1,000 cu yd or portion thereof
10,000–20,000 17 for the first 10,000 cu yd plus 1 for each additional 2,500 cu yd or portion thereof
20,000-40,000 21 for the first 20,000 cu yd plus 1 for each additional 5,000 cu yd or portion thereof
40,000–80,000 25 for the first 40,000 cu yd plus 1 for each additional 10,000 cu yd or portion thereof
> 80,000 29 for the first 80,000 cu yd plus 1 for each
additional 20,000 cu yd or portion thereof
Do not collect composite samples or mix individual samples to form a composite sample.
Analyze the samples using the US EPA's ProUCL software with a 95 percent upper confidence limit. All chemical analysis must be performed by a laboratory certified by the SWRCB's Environmental Laboratory Accreditation Program (ELAP).
The analytical test results must demonstrate that the local material:
1. Is not a hazardous waste
2. Has a pH above 5.0
3. Has an average total lead concentration, based upon the 95 percent upper confidence limit, at or below 80 mg/kg
4. Is free of possible contaminants identified in the local material plan
5. Complies with the RWQCB's basin plan for the job site location 6 Complies with the RWQCB's water quality objectives for the job site location
6-1.03C Local Material Management
Do not place local material until authorized.
If the Engineer determines the appearance, odor, or texture of any delivered local material suggests possible contamination, sample and analyze the material. The sampling and analysis is change order work unless (1) hazardous waste is discovered or (2) the analytical test results indicate the material does not comply with section 6-
1.03B(3).
Dispose of noncompliant local material at an appropriately permitted CA Class I, CA Class II or CA Class III facility. You are the generator of noncompliant local materials.
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Replace Section 6-1.04 with:
6-1.04 BUY AMERICA
6-1.04A General
Buy America Requirements apply to steel and iron, manufactured products, and construction materials permanently incorporated into the project.
6-1.04B Steel and Iron Materials
Steel and iron materials must be melted and manufactured in the United States except:
1. Foreign pig iron and processed, pelletized, and reduced iron ore may be used in the domestic production of the steel and iron materials [60 Fed Reg 15478 (3/24/1995)];
2. If the total combined cost of the materials produced outside the United States does not exceed the greater of 0.1 percent of the total bid or $2,500, the material may be used if authorized
Sec
Furnish steel and iron materials to be incorporated into the work with certificates of compliance and certified mill test reports. Mill test reports must indicate where the steel and iron were melted and manufactured.
All melting and manufacturing processes for these materials, including an application of a coating, must occur in the United States. Coating includes all processes that protect or enhance the value of the material to which the coating is applied.
6-1.04C Manufactured Products
Iron and steel used in precast concrete manufactured products must meet the requirements of Section 6-1.04B STEEL AND IRON MATERIALS of these Special Provisions regardless of the amount used. Iron and steel used in other manufactured products must meet the requirements of Section 6-1.04B STEEL AND IRON MATERIALS of these Special Provisions if the weight of steel and iron components constitute ninety (90) percent or more of the total weight of the manufactured product.
6-1.04D Construction Materials
Buy America requirements apply to the following construction materials that are or consist primarily of:
1. Non-ferrous metals
2. Plastic and polymer-based products such as:
2.1. Polyvinylchloride
2.2. Composite building materials
2.3. Polymers used in fiber optic cables
3. Glass
4. Fiber Optic Cable (including drop cable)
5. Optical fiber
6. Lumber
7. Engineered Wood
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8. Drywall
All manufacturing processes for these materials as defined in 2 CFR 184.6 must occur in the United States. Where one or more of these construction materials have been combined by a manufacturer with other materials through a manufacturing process, Buy America requirements do not apply unless otherwise specified.
Furnish construction materials to be incorporated into the work with certificates of compliance with each project delivery. Manufacturer’s certificate of compliance must identify where the construction material was manufactured and attest specifically to Buy America compliance.
All manufacturing processes for these materials must occur in the United States.
Buy America requirements do not apply to the following:
1. Tools and construction equipment used in performing the work
2. Temporary work that is not incorporated into the finished project
The Contractor shall furnish the Engineer acceptable documentation of the quantity and value of the foreign steel and iron prior to incorporating the materials into the work.
A Certificate of Compliance, conforming to the provisions in Section 6- 2.03C CERTIFICATES OF COMPLIANCE of the State Standard Specifications, shall be furnished for steel and iron materials. The certificates, in addition to certifying that the materials comply with the specifications, shall specifically certify that all manufacturing processes for the materials occurred in the United States, except for the listed exceptions.
Add Section 6-1.06E
6-1.06E USE OF UNITED STATE-FLAG VESSELS
When oceanic shipments (or shipments across the Great Lakes) are necessary for materials or equipment acquired for this Project, the Contractor, Subcontractor, or vendor shall conform to the following:
1. To utilize privately owned United States -flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels. 46 CFR 381.7.
2. To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, ‘on- board’ commercial ocean bill -of-lading in English for each shipment of cargo described in paragraph (b)(1) of this section to both the Contracting Officer (through the prime Contractor in the case of Subcontractor bills-oflading) and to the Office of Cargo and Commercial Sealift (MAR620), Maritime Administration, Washington, DC 20590. 411
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(MARAD requires copies of the ocean carrier's (master) bills of lading, certified onboard, dated, with rates and charges. These bills of lading may contain business sensitive information and therefore may be submitted directly to MARAD by the Ocean Transportation Intermediary on behalf of the Contractor). 46 CFR 381.7.
The Contractor agrees to insert the substance of the provisions of this clause in all subcontracts issued pursuant to this contract.
Add to Section 6-2.02A:
Provide a descriptive outline of the Contractor’s planned quality control program for this Project. This program would integrate and compliment the testing and inspection requirements found in the Contract Documents. Also describe how quality control would be managed, and by appendix, the resume of the Contractor’s proposed QC Manager for this Project. The QC Manager can be the same person as the full-time Project Manager.
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 manufactured products. The term "Quality Control" includes inspection, sampling and testing, and associated requirements.
2. 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 the Contractor.
The Contractor will monitor quality control over suppliers, manufacturers, products, services, site conditions, and workmanship, to produce Work of specified quality.
3. 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 the 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 the Contractor and Engineer.
Quality Control Program:
1. Contractor shall develop a detailed written Quality Control (QC) Program for all Work required in the Contract Documents. The Contractor must submit for the Engineer’s acceptance the 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 the Engineer has accepted the 412
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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, the Contractor must submit for the Engineer’s acceptance the 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 Engineer reviews and accepts Contractor's individual QC Plan. The individual QC Plans must identify all QC personnel, procedures, inspections, tests, inspection/test hold points, instructions, reports, 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 appoint a full time Quality Control Officer who will have the sole responsibility for the full -time oversight, implementation, and monitoring of the QC Program on this one project. 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 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 trace- ability. Quality records shall be protected from deterioration, damage, or destruction.
SAMPLING AND TESTING
1. Certified Test Reports:
a. When transcripts or certified test reports are required by the Contract Documents, Contractor shall, before delivery of Materials or Equipment:
1) Perform all testing in an approved independent laboratory or the manufacturer’s laboratory.
2) Submit for approval reports of shop tests within 30 days of testing. 3) Certificates shall be submitted in the form of a letter stating 1 or more of the following:
a) Manufacturer has performed all required tests.
b) Materials to be supplied meet all test requirements. 413
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c) Tests were performed not more than 1 year prior to submittal of the certificate.
d) Materials and Equipment subjected to the tests are of the same quality, manufacture, and make as those specified. e) Identification of the materials.
2. Manufacturer’s Certificates:
b. All Equipment shall be installed under either the continuous or periodic supervision of the manufacturer’s authorized representative. c. Manufacturer shall certify that Equipment:
1) Has been adjusted and initially operated in the presence of the manufacturer’s authorized representative
2) Operates in accordance with the specified requirements to the manufacturer’s satisfaction.
INSPECTION AND TESTING SERVICE
1. Unless otherwise indicated, all products, materials, and equipment shall be subject to inspection by the Engineer at the place of manufacture as specified in this bid document.
2. The City or an independent firm retained by the City will perform inspections, testing, and other services as required by the Engineer.
d. The Contractor shall cooperate with the Engineer or independent firm and furnish samples of materials, design mix, equipment, tools, storage, and assistance as requested.
e. The Contractor shall notify Engineer 3 working days prior to the expected time for operations requiring inspection and laboratory testing services.
f. Retesting required because of non-conformance to requirements shall be performed by the same independent firm on instructions by the Engineer. The Contractor shall bear all costs from such retesting.
B. INSTALLATION
1. Inspection: The Contractor shall inspect materials or equipment upon the arrival on the job site and immediately prior to installation and reject damaged and defective items.
2. Measurements: The Contractor shall verify measurements and dimensions of the Work, as an integral step of starting each installation.
C. Manufacturer's Instructions: Where installations include manufactured products, the 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.
D. When manufacturers' instructions conflict with Contract 414
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Documents, request clarification from Engineer before
proceeding.
MEASUREMENT AND PAYMENT
Full compensation for conforming to all requirements specified in this S ection 6 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.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC
Replace Section 7-1.02D with:
7-1.02D UNMANNED AIRCRAFT SYSTEMS
Comply with 14 CFR 107 when operating UAS in the proximity of the highway.
Submit the following to the Engineer and
https://app.smartsheet.com/b/form/7ad42b76ef9e4f37ba2978520f1b1a5f as an informational submittal at least 7 days before initial operation of UAS:
1. UAS remote pilot information
1.1. Pilot’s full name
1.2. Pilot’s contact information
1.2.1. Phone number
1.2.2. Email address
1.3. Pilot’s certification information
1.3.1. Certificate issuance date
1.3.2. Certificate expiration date
2. UAS information
2.1. UAS manufacturer
2.2. UAS model
2.3. Registration number
2.4. Registration issuance date
2.5. Registration expiration date
Maintain records of UAS flights. Submit a post-flight record as an informational submittal to the Engineer and
https://app.smartsheet.com/b/form/5e34deda3bd24f8f8397d895275ecbec within 1 business day of each flight. The post-flight record must include the following:
1. Flight date
2. Flight duration
3. Visual observer name and contact information
4. Purpose of flight
5. UAS Hazard Analysis Contractor/Consultant form, as an attachment
6. Description of any accidents or incidents, if applicable 415
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Do not operate UAS over the traveled way unless preauthorized in writing by the Engineer. Launch and land UAS at least 50 feet from the edge of live traffic.
Add to Section 7-1.02I(2):
7-1.02I(2) NONDISCRIMINATION
Attention is directed to the following Notice that is required by Chapter 5 of Division 4 of Title 2, California Code of Regulations.
NOTICE OF REQUIREMENT FOR NONDISCRIMINATION PROGRAM (GOV. CODE, SECTION 12990)
The Contractor’s attention is called to the "Nondiscrimination Clause", set forth in Section 71.01A(4), "Labor Nondiscrimination," of the Standard Specifications, which is applicable to all nonexempt state contracts and subcontracts, and to the "Standard California Nondiscrimination Construction Contract Specifications" set forth therein. The Specifications are applicable to all nonexempt state construction contracts and subcontracts of $5,000 or more.
Add Section 7-1.02I(3):
7-1.02I(3) NONDISCRIMINATION STATEMENT
The contractor, subrecipient or subcontractor will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the Local Agency components of the DBE Program Plan, the contractor, subrecipient or subcontractor will not, directly, or through contractual or other arrangements, use criteria or methods o f administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin.
Add Section 7-1.02I(4):
7-1.02I(4) CONTRACT ASSURANCE
Under 49 CFR 26.13(b): The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR 26 in the award and administration of federal -aid contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying the contractor from future bidding as non-responsible.
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Replace the 1st item in the list of the 2nd paragraph of Section 7-1.02K(2) with:
1. At the Department's Office
Add to Section 7-1.02K(2):
The possibility of wage increases is one of the elements to be considered by the Contractor in determining the bid, and will not under any circumstances be considered as the basis of a claim against the City on the contract.
The general prevailing wage rates determined by the Director of Industrial Relations, for the county or counties in which the work is to be done, are available at the City of Goleta, 130 Cremona Drive, Suite B, Goleta, CA 93117. These wage rates are not included in the Proposal and Contract for the project. Changes, if any, to the general prevailing wage rates will be available at the same location.
Payment of prevailing wage must be documented through submission of certified payroll records for the prime Contractor and lower tier Subcontractors.
7-1.02K(5) WORKING HOURS
When school is in session, regular working hours may be altered by the Engineer to coincide with the school hours of operations.
The working hours of the street segment are listed below:
• Kellogg Ave 8:00 AM-5:00 PM
• Calle Real 8:00 AM-5:00 PM
Working hours of SR -217 shall be followed as outlined in the lane closure charts in Section 12-4.02C.
If overtime work is approved by the Engineer, the City shall make deductions in the contractor progress payment . The Contractor shall reimburse the City as outlined in Section 5- 1.08 INSPECTION of these Special Provisions 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 Year’s (Eve 417
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December 31). When a designated holiday falls on a Saturday or Sunday, the preceding Friday or following Monday (respectfully) shall be a designated holiday.
Replace the 1st sentence in the 5th paragraph of Section 7-1.02K(6)(a) with:
Submit copies of the Contractor’s Injury and Illness Prevention Program, Code of Safe Practices, and permits required by Cal/OSHA as informational submittals.
Replace Section 7-1.02K(6)(j)(iii) with:
7-1.02K(6)(j)(iii) Unregulated Earth Material Containing Lead Section 7-1.02K(6)(j)(iii) includes specifications for handling, removing, and disposing of unregulated earth material containing lead. Management of this material exposes workers to health hazards that must be addressed in your lead compliance plan. This material contains average lead concentrations below 80 mg/kg total lead and below 5 mg/L soluble lead and is not regulated by DTSC as a hazardous substance or a hazardous waste. This material does not require disposal at a permitted landfill or solid waste disposal facility. The RWQCB has jurisdiction over reuse of this material at locations outside the job site limits.
Manage regulated earth material containing lead under sections 14-11.08.
Unregulated earth material containing lead is present on the job site at the following locations:
Location Element of work Depth
From station 31+89.44 to
station 62+85.55,
westbound of Route 217
Excavation for new
shoulders
0-feet to 2-feet
Unregulated earth material containing lead has been detected to a depth of within the job site. Unregulated levels of lead found range from less than to mg/kg total lead with an average concentration of mg/kg total lead as analyzed by EPA test method 6010 or EPA test method 7000 series and based upon a 95 percent upper confidence limit.
Unregulated levels of lead on the job site have a predicted average soluble concentration of mg/L as analyzed by the California Waste Extraction Test and based upon a 95 percent upper confidence limit.
Handle the material under all applicable laws, rules, and regulations, including those of the following agencies:
1. Cal/OSHA
2. CA RWQCB, Region 3 – Central Coast
If unregulated material is disposed of:
1. Submit at least 15 days before disposal, the form titled "Agreement between a Contractor Working on State Facilities and a Real Property Owner for Disposing Construction-related Material Suitable for Use on Residential Zoned Property" which 418
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discloses the lead concentration of the material to the receiving property owner and obtains authorization for disposal on the property. Give a copy of the signed form to the property owner.
2. You are responsible for any additional sampling and analysis required by the receiving property owner.
If you choose to dispose of unregulated material at a commercial landfill:
1. Transport it to a Class III or Class II landfill appropriately permitted to receive the material
2. You are responsible for identifying the appropriately permitted landfill to receive the material and for all associated trucking and disposal costs, including any additional sampling and analysis required by the receiving landfill
Add to Section 7-1.02M(2):
Obtain the emergency phone numbers of the California Department of Forestry and Fire Protection unit headquarters, United States Forest Service ranger district office, and U.S. Department of Interior Bureau of Land Management field offices. Submit these phone numbers to the Engineer before the start of job site activities. Post the agencies names and emergency phone numbers at a prominent place at the job site.
Hydrocarbon-fueled engines, both stationary and mobile, must be equipped with spark arresters pursuant to Pub Res Code § 4442 except for either of the following:
1. Motor trucks, truck tractors, buses, or passenger vehicles
2. Equipment powered by properly maintained exhaust -driven turbo-charged engines or equipped with scrubbers with properly maintained water levels
Each toilet must have a metal ashtray at least 6 inches in diameter by 8 inches deep, half-filled with sand, and within easy reach of anyone accessing the facility.
Locate flammable materials at least 50 feet away from equipment service, parking, and gas or oil storage areas. Each small mobile or stationary engine site must be cleared of flammable material for a radius of at least 15 feet from the engine.
Furnish a pickup truck and driver for the sole purpose of fire control during working hours. The truck must be equipped with:
3. 10 shovels, 5 axes, two 5-gallon water-filled backpack fire pumps
4. 100-gallon tank of water with a gasoline motor powered pump and 100 feet of 3/4-inch hose on a reel
In addition to being available at the site of the work, the truck and operator must patrol the area of construction from noon until at least 1/2 hour after job site activities have ended. If the fire danger rating is "very high" or "extreme" or "fire weather watches" or "red flag warning" is issued, the truck and operator must patrol the area of construction while work is being done and for at least 1/2 hour after job site activities have ended. 419
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Cal Fire, USFS, and BLM have established the following adjective class ratings for 5 levels of fire danger for use in public information releases and fire protection signing:
"low," "moderate," "high," "very high," "extreme." Obtain the fire danger rating daily for the project area from the nearest Cal Fire unit headquarters, USFS ranger district office, or BLM field office. Monitor the National Weather Service daily forecasts for "fire weather watches" and "red flag warnings" covering the project’s locations.
If the fire danger rating is "very high" or a "fire weather watch" is issued, then:
5. Falling of dead trees or snags must be discontinued.
6. No open burning is permitted and fires must be extinguished.
7. Welding must be discontinued except in an enclosed building or within an area cleared of flammable material for a radius of 25 feet.
8. Blasting must be discontinued.
9. Smoking is allowed only in automobiles and cabs of trucks equipped with an ashtray or in cleared areas immediately surrounded by a fire break unless prohibited by other authority.
10. Vehicular travel is restricted to cleared areas except in case of emergency.
If the fire danger rating is :"extreme" or a "red flag warning" is issued, take the precautions specified for a "very high" fire danger rating or a "fire weather watch" issuance, except:
11. Smoking is only allowed in automobiles and cabs of trucks equipped with an ashtray.
12. Work of a nature that could start a fire requires that properly equipped fire guards be assigned to such operation for the duration of the work.
The Engineer may suspend work wholly or in part due to hazardous fire conditions. The days during this suspension are non–working days. If field and weather conditions become such that the work is suspended, Section 7-1.02M(2) FIRE PROTECTION will not be enforced for the period of the suspension.
Replace Reserved in Section 7-1.02P with:
The Contractor shall submit Federal Aviation Administration (FAA) form 7460- 1. The Contractor shall comply with the FAA regulations including marking, lighting, and height restrictions. The form is located at the following website:
https://www.faa.gov/documentLibrary/media/Form/FAA_Form_7460-1_2017.pdf
Anticipate a height restriction of 100 ft above ground level and 129 ft above mean sea level. A draft of the FAA letter is provided as supplemental information.
The Contractor is responsible for filing a Notice of Alteration (FAA Form 7460-1) with the Federal Aviation Administration of any construction activity that would require notification.
The City has determined that the permanent alterations are exempt from notification under section 77.9(a)(1) and 77.9(e)(1) as listed on the Form 7460-1 instructions 420
SAN JOSE CREEK MULITPURPOSE PATH – NORTHERN AND SOUTHERN SEGEMENTS CITY PROJECT NO. 9006, FEDERAL AID PROJECT BRLS-5481(022) SP-49
Replace the 13th paragraph of Section 7-1.03 with:
For a taper on a bridge deck or approach slab, construct the taper with rapid setting concrete under Section 60-3.02B(2) RAPID SETTING CONCRETE or polyester concrete under Section 60-3.04B(2) MATERIALS. Prepare the surface to receive the taper under Section 60-3.02C(7) PREPARE CONCRETE DECK SURFACE . For tapers with aggregate fillers, rake conform edges to ensure smooth transitions. Cure the taper for at least 3 hours or the minimum time recommended by the manufacturer before opening to traffic.
Replace the 13th paragraph of Section 7-1.04 with:
Equipment must enter and leave the highway via existing ramps and crossovers and must move in the direction of traffic. All movements of workers and construction equipment on or across lanes open to traffic must be performed in a manner that do not endanger the public. The Contractor’s vehicles or other mobile equipment leaving an open traffic lane to enter the construction area must slow down gradually in advance of the location of the turnoff to give the traffic following an opportunity to slow down. When leaving a work area and entering a roadway carrying traffic, the Contractor’s vehicles and equipment must yield to traffic. Compensation for flaggers, used for all movement of workers and construction vehicles and equipment on or across lanes open to traffic, is included in the bid items of work involved.
Replace Reserved in Section 7-1.10 with:
7 1.10 PERMITS AND LICENSES
The City has received permits and a copy of the permits can be found in Appendix C. A copy of all permits listed below must be kept at the job site at all times.
The Contractor shall comply with all permit conditions and requirements. If, for any reason, the permit time limits need to be extended, it shall be the Contractor’s sole responsibility to request such extension(s) and to pay any additional fees associated with the permit extension(s). Refer to sections elsewhere in these special provisions for more detail on permits.
No separate measurement or payment shall be made for compliance with permit requirements, extensions or preparation and approval of Contractor’s work plan and dewatering plan. The Contractor shall include the costs associated with these items in the various bid items to which the Work relates.
Full compensation for conforming to all requirements specified in this section shall be considered as included in the contract price paid for other items of work and no additional compensation will be allowed therefor.
Right of Way
Contractor shall not be entitled to the exclusive use of any public street or rightsof-way during the performance of the work under the contract, and Contractor must conduct operations so 421
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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.
7-1.10.A RELATIONS WITH CALIFORNIA DEPARTMENT OF TRANSPORTATION.
A portion of this project is located within the jurisdiction of the California Department of Transportation (Caltrans). Before construction, the Contractor shall obtain an Encroachment Permit from Caltrans for the portion of work located within the State r ight of way and for placing and maintaining any proposed traffic control measures within the State right of way. The Contractor shall prepare a traffic control plan for review and approval by Caltrans as part of the Encroachment Permit application. The approximate cost of the Encroachment Permit is $1,000.00.
Attention is directed to Sections 5-1.36 PROPERTY AND FACILITY PRESERVATION of the State Standard Specifications.
Any change in the conditions listed in the permit proposed by the Contractor shall be submitted to the Engineer for transmittal to the State of California Department of Transportation for their approval. Changes shall not be implemented until approved in writing by the State of California Department of Transportation.
The Contractor shall prepare a traffic control plan for review and approval by Caltrans as part of the Encroachment Permit application.
In addition to traffic control devices, the Contractor shall comply with all conditions of the Caltrans Stormwater Permit for construction activities within the State right of way.
Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefor.
7-1.10.B RELATIONS WITH THE CITY OF SANTA BARBARA
A portion of this project is located within the jurisdiction of the City of Santa Barbra.
Before construction, the Contractor shall obtain an Encroachment Permit from the City of Santa Barbra for the portion of work located within the City of Santa Barbra right of way and for placing and maintaining any proposed traffic control measures within the City of Santa Barbra right of way. The Contractor shall prepare a traffic control plan for review and approval by the City of Santa Barbra as part of the Encroac hment Permit application. The approximate cost of the Encroachment Permit is $2,000.00, 422
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and shall be paid by the Contractor.
Attention is directed to Sections 5-1.36 PROPERTY AND FACILITY PRESERVATION of the State Standard Specifications.
Any change in the conditions listed in the permit proposed by the Contractor shall be submitted to the Engineer for transmittal to the City of Santa Barbra for their approval.
Changes shall not be implemented until approved in writing by the State of Cali fornia Department of Transportation.
The Contractor shall prepare a traffic control plan for review and approval by the City of Santa Barbra as part of the Encroachment Permit application.
In addition to traffic control devices, the Contractor shall comply with all conditions of the Caltrans Stormwater Permit for construction activities within the City of Santa Barbra right of way.
Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefor.
Add to the end of Section 7-1.11A:
Each subcontract and any lower -tier subcontract that may in turn be made shall include the “Required Contract Provisions Federal -Aid Construction Contracts” in Section 7 LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC of these special provisions.
Noncompliance shall be corrected. Payment for subcontracted work involved will be withheld from progress payments due or to become due, until correction is made. Failure to comply may result in termination of the contract.
Replace the first sentence of Section 7-1.11D with:
For the Federal training program, the number of trainees or apprentices is 19.
Add Section 7-1.12:
7-1.12 COOPERATION
The Contractor shall cooperate with other forces constructing, relocating, and/or modifying facilities within the project limits. The Contractor shall coordinate his work with that of others, including utility companies, to prevent delays.
It is understood and agreed that the Contractor has considered in his bid all of the permanent and temporary utility appurtenances in their present and/or relocated positions as shown on the plans or as described in the specifications, and that no additional compensation will be allowed for any delays, inconvenience, or damages sustained due to any interference from said appurtenances or the operation of moving them. In addition, the Contractor shall not 423
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be allowed any additional compensation for delays of inconvenience sustained by the Contractor due to the City not having City-supplied equipment ready for pick-up. In such a case, the City may increase the number of working days for the contract.
Five (5) days prior to beginning work, the Contractor shall provide to the Engineer, in writing, the name and telephone number of a representative who is directly involved with this project, and under the supervision of the Contractor. The Contractor’s re presentative may be contacted by City staff during non-working hours including nights, weekends and holidays in the case of any public inconvenience and/or emergency relating to the Contractor’s operations. The contact representative shall not be replaced by another company employee for the duration of the project without a written explanation from the Contractor which has been approved by the Engineer. Should a new representative be used, he/she shall be knowledgeable of the project, the events, and/or revisions that may be occurring.
Full compensation for conforming to the requirements of this Section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefore.
Add Section 7-1.13:
7-1.13 ESCROW BID DOCUMENTS
The lowest responsible bidder shall submit one copy of all documentary information generated in preparation of the bid for this project within five (5) working days after receipt of notice of award from City. This material is hereinafter referred to as Escrow Bid Documents (EBDs).
The lowest responsible bidder agrees, as a condition of award of the Contract, that the EBDs constitute the only complete documentary information used in preparation of its Bid Proposal. No other Bid Proposal preparation information shall be considered in resolving disputes.
Nothing in the EBDs shall change or modify the terms or conditions of the Contract.
Should the City not be able to execute a Contract with the lowest responsible bidder, the City may notify the next lowest responsible bidder of a Notice of Intent to Award. Upon receipt of such notice, the next lowest responsible bidder shall submit one copy of its EBDs as described herein within five (5) working days after receipt of notice from City.
Ownership
1. The EBDs are and shall always remain the property of the Contractor subject only to joint review by City and the Contractor, except as provided for herein.
2. City stipulates and expressly acknowledges that the EBDs, as defined herein, constitute trade secrets. This acknowledgment is 424
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based on City’s express understanding that the information contained in the EBDs is not known outside the Contractor's business, is known only to a limited extent and only by a limited number of employees of the Contractor, is safeguarded while in the Contractor’s possession, and is extremely valuable to competitors by virtue of its reflecting the Contractor’s contemplated techniques of construction.
3. City acknowledges that EBDs and the information contained therein are made available to City only because such action is an express prerequisite to award of the Contract. City acknowledges that the EBDs include a compilation of information used in the Contractor’s business, intended to give the Contractor an opportunity to obtain an advantage over competitors who do not know of or use the contents of the documentation. City agrees to safeguard the EBDs and all information contained therein to the fullest extent permitted by law.
Purpose
EBDs will be used to assist in the negotiation of price adjustments and variations and in the settlement of disputes, claims and other controversies. They will not be used for pre- award evaluation of the Contractor’s anticipated methods of construction or to assess the Contractor’s qualifications for performing the Work.
FORMAT AND CONTENTS
1. Contractors may submit EBDs in their usual cost estimating format. It is not intended that extra work is required in preparing the Bid Proposal but to ensure that the EBDs will be adequate to enable complete and proper understanding and proper
interpretation for their intended use. The EBDs shall be in the English language only.
2. The EBDs shall clearly itemize the estimated costs of performing the work of each item contained in its Bid. Items should be separated into sub- items as required to present a complete and detailed cost estimate and allow a detailed cost review. The EBDs shall include all quantity take- offs, crews, equipment, calculations of rates of production and progress, copies of quotations from sub- contractors and suppliers, and memoranda, narratives, consultants reports, add/deduct sheets and all other information used by the Contractor to arrive at the prices contained in the Bid. Estimated costs shall be broken down into the Contractor’s usual estimate categories such as direct labor, repair labor, equipment operation, equipment ownership, expendable materials, permanent material and subcontract costs as appropriate. Plant and equipment and indirect costs should be detailed in the Contractor’s usual 425
SAN JOSE CREEK MULITPURPOSE PATH – NORTHERN AND SOUTHERN SEGEMENTS CITY PROJECT NO. 9006, FEDERAL AID PROJECT BRLS-5481(022) SP-54
format. The Contractor’s allocation of plant and equipment, indirect costs, contingencies, mark -up and other items to each portion of its estimate shall be clearly indicated.
3. The EBDs shall clearly show in calculations, text, or both, the relationship between baseline indications presented in the Contract Documents and assumptions that form the basis for the Contractor’s means, methods, equipment selection, rates of production, and costs.
4. All costs shall be identified. For work items where the extended amount is less than
$5,000, estimated unit costs are acceptable without a detailed cost estimate, provided that labor, equipment, materials and subcontracts, as applicable, are included and provided that indirect costs, contingencies, and mark -up, as applicable, are allocated.
5. Bid Documents provided by City should not be included in the EBDs unless needed to comply with the above requirements.
Submittal
1. The lowest responsible bidder shall submit their EBDs in a sealed container (e.g., sealed envelope, box or carton sealed with tape, locked strongbox, etc.), and the container shall be clearly marked on the outside with the Contractors name, date of submittal, project name, Contract No., and the words "Escrow Bid Documents". The EBDs shall be submitted to:
Mr. Michael Winnewisser
City of Goleta
Department of Public Works
130 Cremona Drive, Suite B
Goleta, CA 93117 United States
2. The EBDs shall be accompanied, on the outside of the container, by the "Bid Documentation Certification", signed by an individual authorized by the Contractor to execute the Bid, stating that the material in the Escrow Bid Documentation constitutes all the documentary information used in the preparation of the Bid l and that he or she has personally examined the contents of the EBDs container and has found that the documents in the container are complete:
"ESCROW BID DOCUMENT CERTIFICATION"
THE UNDERSIGNED HEREBY CERTIFIES THAT THE BID
DOCUMENTATION CONTAINED HEREIN CONSTITUTES
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ALL THE INFORMATION USED IN PREPARATION OF THE
BID AND THAT I HAVE PERSONALLY EXAMINED THESE
CONTENTS AND HAVE FOUND THAT THIS BID
DOCUMENTATION IS COMPLETE.
SIGNATURE:
NAME:
(Print)
TITLE:
FIRM:
DATE:
3. Prior to award of the contract, the EBDs of the lowest responsible bidder will be examined, organized and inventoried by representatives of City, together with members of the Contractor’s staff who are knowledgeable in how the Bid Proposal was prepared. This examination is to ensure that the EBDs are authentic, legible, and complete. It will not include review of and will not constitute approval of proposed
construction methods, estimating assumptions, or
interpretations of the contract documents. Examination will not alter any condition(s) or term(s) of the Contract.
4. If all documentation required in the "Format and Contents" has not been included in the original submittal, additional documentation shall be submitted, at City’s discretion, prior to award of the Contract. The detailed breakdown of estimated costs shall b e reconciled and revised, if appropriate, by agreement between the Contractor and City before making the award.
5. If the Contract is not awarded to the lowest responsible bidder , the EBDs of the next lowest responsible bidder to be
considered for award shall be processed, as described above.
6. Timely submission of the complete EBDs is an essential element of the Contractor’s responsibility and a prerequisite to contract award. Failure to provide the necessary EBDs within the specified time frame will be sufficient cause for City to reject the Bid AS NON-RESPONSIVE.
7. If the Proposer’s Bid is based on subcontracting any part of the Work, each subcontractor whose total subcontract price
exceeds five percent (5%) of the Total Bid Price submitted by 427
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the Contractor, shall provide separate EBDs to be included with those of the Proposer. These documents will be opened and examined in the same manner and at the same time as the examination described above for the highest ranked Proposer.
THE FAILURE TO SUBMIT SUBCONTRACTOR EBDs MAY
RENDER CONTRACTOR’S BID PROPOSAL NON-
RESPONSIVE.
8. If the Contractor wishes to subcontract any portion of the Work after award, City retains the right to require the Contractor to submit EBDs from the subcontractor before the subcontract is approved. THIS SECTION IS NOT INTENDED TO AND SHALL
NOT BE INTERPRETED AS A WAIVER BY THE CITY OF ANY
OF THE REQUIREMENTS OR PROVISIONS OF PUBLIC
CONTRACT CODE SECTION 4100 et seq. KNOWN AS THE
SUBLETTING AND SUBCONTRACTING FAIR PRACTICES
ACT.
Storage
Absent request from the Contractor to place the EBDs in possession of a third- party escrow agent, the EBDs will be stored by the City’s Department of Public Works in its offices. Upon written request from the Contractor, the EBDs shall be placed in escrow with a mutually agreeable institution for the life of the Contract, unless examination is required, which shall be conducted in accordance with this section. The cost of storage by third-party escrow agent will be borne by the Contractor.
Examination
1. The EBDs shall be examined by both City and the Contractor, at any time deemed necessary by either City or the Contractor, to assist in the negotiation of price adjustments and change orders, or the settlement of disputes.
2. Examination of the EBDs is subject to the following conditions, the conditions outlined shall occur for every examination requested:
a. As trade secrets, the EBDs are proprietary and confidential as described above.
b. City and the Contractor shall each designate, in writing to the other party a minimum of five working days prior to
examination, representatives who are authorized to examine the EBDs. No other person shall have access to examine the EBDs.
c. Examination of the EBDs will take place only in the presence of duly designated representatives of both City and the Contractor.
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Final Disposition
1. The EBPs will be returned to the Contractor at such time as the Contract has been completed and final settlement has been achieved.
2. The EBPs submitted by any unsuccessful Contractor will be returned unopened, unless opened as provided for above, following execution of the Contract.
THIS SPECIFICATION IS NOT INTENDED TO CREATE CONFIDENTIAL STATUS TO EBDs IN THE EVENT OF LITIGATION BETWEEN
CONTRACTOR AND THE CITY. IF LITIGATION OCCURS, ALL EBPDs
ARE SUBJECT TO DISCOVERY AND SHALL NOT BE CONSIDERED
CONFIDENTIAL. IF LITIGATION COMMENCES BETWEEN THE CITY
AND CONTRACTOR, UPON 5 WORKING DAYS WRITTEN NOTICE TO
CONTRACTOR, THE CITY MAY DEMAND AND CONTRACTOR SHALL
PERMIT THE CITY TO COPY ALL MATERIALS SUBMITTED INTO
ESCROW PURSUANT TO THIS SPECIFICATION.
Add Section 7-1.14:
7-1.14 SHEETING, SHORING, AND BRACING
Shoring refers to providing all components of the excavation support system, including, but not limited to, bracing, steel soldier piles or sheet piles, struts, wales, or any other support including internal bracing, where applicable.
Contractor shall use other methods of support only when approved by the Engineer. Shoring shall be designed, provided, maintained, and where applicable, removed by the Contractor, in accordance with these Special Provisions and the Construction Documents.
As required by Section 6705 of the California Labor Code and in addition thereto, whenever work under the contract involves the excavation of any trench or trenches 5 feet or more in depth, including temporary construction pits and manhole excavations, the Contractor shall submit to the Engineer a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plans vary from the shoring system standards established by the Construction Safety Orders of the Division of Industrial Safety, in Title 8, Subchapter 4, Article 6, California Code of Regulations, the plans shall be prepared and signed by a registered civil or structural engineer employed by the Contractor. Shoring system plans for excavations in excess of 5 feet or more in depth, shall be prepared and signed by a civil or structural engineer, registered in California and employed by the Contractor. All costs therefore shall be included in the bid price named in the contract for completion of the work as set forth in the contract documents. Nothing in this section shall be deemed to allow the use of a shoring, sloping or other protective system less effective than that required by the Construction Safety Orders. Nothing in this section shall be construed to 429
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impose tort liability on the City, Engineer, Design Consultant, or any of their officers, agents, representatives, or employees.
The sheeting, shoring, and bracing system shall be designed to assure worker safety and optimal conditions for pipe, excavation, foundation removal and placement or any underground work and to minimize damage to adjacent pavement, structures, fences, walls, pipelines, and utilities. Horizontal strutting below the barrel of a pipe and the use of pipe as support are not acceptable.
The sheeting, shoring, and bracing system shall be designed and constructed to meet all the following minimum requirements:
13. Protect personnel that enter excavations.
14. Comply with all governing regulations pertaining to excavation safety (e.g., the most current edition of Cal/OSHA Construction Safety Orders, Article 6).
15. Be compatible with the surface and subsurface soil and groundwater conditions encountered in project borings, reference borings, reference CPTs and/or mapped along the project alignment, and resist lateral earth pressures, and hydrostatic pressures in and where applicable.
16. Protect adjacent existing utilities, pipelines, pavements, structures, fences, and walls.
17. Excavation and installation of shoring shall occur in a manner and sequence that does not damage existing utilities, pipelines, pavements, structures, fences, and walls including through settlement, heave, or vibrations.
18. Prevent raveling, running, flowing, caving, sloughing, or lateral movement of excavation walls and associated loss of adjacent ground and adjacent ground surface settlement, even when subjected to construction vibrations.
19. Allow for removal or abandonment of shoring in a manner and sequence that:
1) is in step with the backfilling sequence (i.e., shoring should not be removed ahead of backfilling);
2) does not cause disturbance (i.e., loosing) of pipe bedding and pipe embedment material; and
3) does not damage existing pipelines or structures, pavements, utilities, fences, and walls including through settlement, heave, or vibrations (Contractor to address removal/abandonment concerns specific to the type of shoring proposed in the shoring submittal).
Any void space created by shoring removal should be completely filled with CLSM or approved equivalent.
20. Resist lateral earth pressures including those from hydrostatic pressures and lateral loads from vehicular, construction equipment (and spoils, and nearby existing structures, even when subject to construction vibrations.
21. Provide stable excavation walls and bottom (e.g., prevent bottom heave and/or piping/boiling).
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The Contractor shall design and construct the shoring system in accordance with all applicable codes, and in accordance with the specific requirements described herein. The Contractor shall at all times furnish, install, and maintain sufficient shoring and bracing in trenches and pits to ensure safety of the workers and to protect and facilitate the work.
The Contractor shall:
1. Design each member or support element to support the maximum loads that can occur during construction with appropriate safety factors. A temporary shoring system shall be designed to provide a minimum factor of safety of 2.0 against sliding and 1.5 against bottom heave.
2. Design the support system to prevent raveling, running, and flowing of excavation walls and associated loss of adjacent ground and adjacent ground surface settlement or existing trench material at utility crossings.
3. Design the support system to retain non- cohesive granular soils subject to raveling, flowing, and/or running upon vibration from construction equipment including compaction of backfill.
4. Design excavation support systems in accordance with all CAL/OSHA, and OSHA, requirements.
5. Design the support system to support the loads for the full vertical depth of the trench included up to 2 feet of over excavation.
6. Obtain all appropriate permits and obtain all necessary written approvals of the proposed shoring system/designs from CAL- OSHA prior to submitting to the Engineer for review and approval.
The Contractor shall take into account all surcharge loadings. Surcharge loadings can be due to such things as material or soil stockpiles, sloping ground adjacent to shoring, and adjacent building foundations, Contractor shall assure that his assumed conditions and loadings are not exceeded in the field during construction. The Contractor shall design shoring to withstand any construction loading. The design of shoring shall conform to accepted engineering practice in this field. The City’s approval of the Contractor’s plans and methods of construction does not relieve the Contractors responsibility for the adequacy of this support.
The Contractor shall be solely responsible for, and bear the sole burden of cost for, any and all damages resulting from improper shoring or failure to shore. The safety of workers, the protection of adjacent structures, property and utilities, and the installation of adequate supports for all excavations shall be the sole responsibility of the Contractor.
The design, planning, installation, (and removal, if required) of all shoring shall be accomplished in such a manner as to maintain stability of the required excavation and to prevent movement of soil and rock that may cause damage to adjacent shoring systems, structures and utilities, damage or delay the work, or 431
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endanger life and health.
Contractor shall submit plans for shoring to the Engineer for review at least 20 working days prior to commencement of work that requires shoring. No excavations shall be started until the Engineer has received the Contractor's shoring design. The shoring and bracing system plans shall allow the Engineer to review the overall completeness and effectiveness of the proposed system.
Receipt of the shoring and bracing plans by the Engineer in no way relieves the Contractor of complete responsibility for providing effective and safe shoring and bracing of the construction area and/or pipeline under construction. Shoring and bracing submittals shall demonstrate coordination with the dewatering method and submittal.
Sheeting and shoring plan submittal shall include the following:
1. Design assumptions, analyses, calculations, and information on Contractor's proposed method of installation (and removal, if required) of all shoring. The design and calculations shall be performed by, sealed and signed by a professional civil or structural engineer registered in the State of California and experienced in the design of earth retaining structures.
2. The maximum design load to be carried by the various members of the support system.
3. Detailed excavation support drawings, showing all pertinent dimensions, spacings, and relationships among the components of the shoring, as well as construction sequence and scheduling.
4. The method of bracing.
5. The full excavation depth and depth(s) below the main excavation to which the support system will be installed.
6. Detailed sequence of construction and bracing removal.
7. Detailed drawings and descriptions of the method to be used by the Contractor to monitor shoring and adjacent ground/structure movements.
8. Demonstrate coordination with interior (sump pumps) and exterior (dewatering wells) dewatering methods and dewatering submittal.
9. Calculations demonstrating that shoring has been designed for hydrostatic pressures if external dewatering wells are not planned to fully draw down the groundwater level behind the shoring to below the excavation bottom.
Contractor shall submit proof of experience and qualifications required as follows:
1. work shall be performed by an individual or firm of established reputation (or, if newly organized, whose personnel have previously established a reputation in the same field) for at least 5 years, which is regularly engaged in, and which maintains a regular force of workers skilled in design, installation and maintenance of shoring.
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2. All welding shall be done by skilled welders, welding operators, and tackers who have had adequate experience in the type of materials to be used.
Welders shall be qualified under the provisions of ANSI/AWS D1.1 by an independent local approved testing agency not more than six months prior to commencing work; unless having been continuously employed in similar welding jobs since last certification. Machines and electrodes similar to those used in the work shall be used in qualification tests. The Contractor shall furnish all material and bear the expense of qualifying welders.
Prior to installation of sheeting/shoring system, Contractor shall perform the following:
1. Verify Surface Conditions and utility locations. Protect utilities and improvements, as called for in the Contract Documents, or required by the Utility Company(s).
2. Verify field measurements indicated on Drawings.
3. Verify layout of work before beginning installation.
4. Examine the available boring data before beginning design and installation of the shoring system.
The Contractor shall protect, or repair utilities damaged by operations and shall protect adjacent structures and property from damage and disfiguration.
Contractor shall also provide any necessary groundwater control and/or drainage in accordance with these Special Provisions and the City Standards and Specifications.
The methods of constructing the temporary shoring are at the option of the Contractor and subject to review and approval by the Engineer. Excavations shall be made to the lines, grade, and dimensions shown on the Contractor's Shop Drawings. If the excavation is found to be deviating from the true lines and grade, the Contractor shall immediately make the necessary changes in operation to bring the operation back to the correct position. Any excess deviation beyond that specified herein shall be remedied by the Contractor at their own expense.
All materials encountered shall be regarded as unclassified and shall be excavated, regardless of the nature thereof, and all excavated material must be removed and disposed of. Excavation shall be done in such manner as to provide adequate support at all times to adjacent conduits, structures, or roads and so as to offer no hazard to train, truck or automobile operations. Bracing and shoring shall be substantial and safe, and all work shall be done in full conformity and subject to the inspection of all af fected parties. If and when required and to the degree necessary, the Contractor shall provide additional support as may be necessary at no additional cost.
Every precaution shall be taken to prevent the entry of water, mud and foreign matter into the excavation at all times. It is the intention of these Special Provisions that all construction work described herein shall be carried out under dry conditions. The Contractor shall promptly and continuously control water inflow and dispose of all water from any source that may accumulate in the 433
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excavation. This shall include all necessary pumping, bailing, draining and sedimentation prior to discharge.
Any and all excess excavation or over -excavation performed by the Contractor for any purpose or reason, except as may be ordered in writing by the Engineer, shall be at the expense of the Contractor. Any damage done to the work by the Contractor’s operations shall be repaired by and at the expense of the Contractor and in a manner approved by the Engineer. Excavate only as much as can safely stand unsupported prior to installing shoring, but in no case more than 4 feet shall be left unsupported at any time. Install lagging immediately after excavation.
Add Section 7-1.15:
7-1.15 RIGHTS IN LAND AND IMPROVEMENTS
The Contractor is responsible for making arrangements to stock-pile and store equipment outside the public right of way as work is performed. Personal vehicles of the Contractor's employees shall not be parked on the traveled way or shoulders, private property, including any Section closed to public traffic.
The Contractor shall secure easements at their own expense for any areas required for plant sites, storage of equipment or materials, or for any other purposes. Before occupying any easement area, the Contractor shall provide the Engineer a written statement from each property owner verifying easement acquisition.
Staging areas located on private property shall be restricted to properties where the property owner has given written authorization to the Contractor for use of said property.
The Contractor shall submit, at the Pre-Construction meeting, documentation of the written authorization from the property owner(s). Prior to final acceptance of the project, the Contractor shall provide the Engineer a written statement of release from each property owner that granted an easement for the Contractor’s operations.
If the Contractor elects to use City Right-of-Way for staging areas, a written request must be submitted to the Engineer, and written authorization must be obtained prior to use. The City reserves the right to charge the Contractor for the use of City Right-of-Way for stockpiling materials and storing equipment. Unauthorized use of City Right-of-Way by the Contractor without prior written approval will result in a fine of $1,000 per occurrence, which will be deducted from the Contractor's progress payments.
Full compensation for conforming to all requirements specified in this Section shall be considered as included in the contract price paid for various items of work and no additional compensation will be allowed.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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8 PROSECUTION AND PROGRESS
Add the following to Section 8-1.01:
Weekly meetings will be held at the job site to review the progress of the work and discuss any problems that may have occurred. Provide an updated three- week look -ahead schedule at the weekly meeting. The meeting must include, at a minimum:
1. The Engineer;
2. Inspectors;
3. Contractor Foreman; and
4. The Contractors Responsible Scheduling Person.
In addition to daily reports required to substantiate the costs of claims and changes performed as force account work and for Disputed Work pursuant to Section 21 EROSION CONTROL of these Special Provisions, the Contractor must complete a daily report indicating locations worked, start/finish and milestone dates, total workforce per construction trade for each task, major equipment on site, Contractor’s workforce and equipment, each Subcont ractor’s workforce and equipment, , materials delivered, weather conditions, safety (meetings, inspections, accidents, OSHA citations, actions taken) quality (meetings, inspections, tests), visitors, problems encountered, shortages, delays to planned progress, and any other related information involved in the performance of the work. The daily report must be completed on forms furnished to the Contractor, and submitted at the end of each workday. The report must comment on the daily progress and status of the work within each major component of the work.
No progress payments will be made prior to submission and acceptance of the Schedule by the Engineer.
Replace Section 8-1.02C(3)(b) with:
8-1.02C(3)(b) Schedule SOFTWARE LICENSES
The Contractor shall provide one licensed copy of the Oracle Primavera Professional Project Manager (P6) PPM scheduling software program used to produce the Contractor's Schedule to the Engineer and Engineer, registered in the Engineers name.
This licensed copy must be provided no later than five (5) days after the Notice to Proceed date and shall be fully licensed for the project duration and for 6 months after the Notice of Completion date.
Add to Section 8-1.03
Prior to the start of construction, a preconstruction conference will be called by the Engineer for the purpose of discussing with the 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. The Contractor's representative at this conference shall include all major superintendents for the work and may include major Subcontractors and material suppliers.
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Submit the following items to the Engineer for review at least five (5) working days prior to the preconstruction conference. Issuance of a Notice to Proceed is dependent on the timelines and the proper level of detail of these submittals. Submittals shall include, but are not limited to:
1. Key Personnel, Telephone Numbers and Emergency Telephone Numbers
2. Project Construction Schedule per specifications
3. Public Notices (i.e. Notifications and Door Hangers)
4. Storage Site Locations
5. Traffic Control Plan / Detour Plans
6. Parking Restriction Signs
7. Noise mitigation measures
8. Dust Control measures
9. Waste Disposal Plan
10. Copies of pertinent permits, licenses, certifications or required approvals, per specifications
11. Required Inspections
12. Finalized SWPPP
13. Electrical and Signal Poles and Equipment
8-1.03B Progress Meetings
Attend Weekly Project Status Meetings with key personnel and utility agencies, including the Contractor’s assigned representative and the Contractor’s Subcontractors' representative. The meeting will have duration of approximately one hour. The meeting shall be held on the same working day of each week and at the same time of the day as mutually agreed to by Engineer and the Contractor. The purpose of this meeting shall be to discuss interfacing work, scheduling, problems, issues, and other issues related to the project. If not previously submitted, submit the following to the Engineer at the beginning of the meeting:
1. Daily workforce and equipment utilization and certified payroll for the preceding week; and
2. Projected daily work for the next three weeks.
Replace Reserved in Section 8-1.04A with:
8-1.04A GENERAL: BEGINNING OF WORK
Attention is directed to the provisions in in Section 8- 1.05 TIME and Section 8- 1.10 LIQUIDATED DAMAGES of the State Standard Specifications and these Special Provisions. In addition to Section 8 PROSECUTION AND PROGRESS of the State Standard Specifications, the following shall apply:
All work shall be completed within two-hundred and forty (240) working days from the date of the Notice to Proceed. The Plant Establishment Period is 90 working days and is separate from the contract's designated working days for construction activities. The Contractor shall be responsible for plant establishment during this 90-day period, which will begin upon the 436
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Engineer's formal acceptance of the planting. All planting work must be completed within two-hundred and forty ( 240) working days prior to the commencement of the Plant Establishment Period.
All punch list items shall be completed within the specified contract working days. The project will not be accepted until all punch list items and plant establishments are completed.
The Contractor shall pay to the City of Goleta the sum of dollars per day as outlined in section 8-1.10 LIQUIDATED DAMAGES of the State Standard Specifications for each and every calendar days’ delay in finishing the work in excess of the number of working days prescribed above.
The Contractor shall be responsible to coordinate utilities 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 writing by utility representatives and the Contractor at this conference or within five (5) working days thereafter.
In addition to the preconstruction meeting there will be a pre-Bridge meeting and pre-stage construction meeting to discuss construction operations, utility relocations, paving operations, concrete placement, material testing, permit requirements, working hours, traffic control plans, and the Subcontractors preforming the work shall be present.
Notice to Proceed
The Contractor shall begin work within fifteen (15) calendar 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 to begin. 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.
Notwithstanding any other provision of the contract, City shall not be obligated to accept or to pay for any work furnished by the Contractor prior to delivery of notice to proceed whether or not the City has knowledge of the furnishing of such work.
Submit no less than ten (10) days in advance of the commencement of the proposed work:
1. Specific date, hours and location of work;
2. Complete description of work to be done;
3. Number and type of equipment to be used;
4. Noise mitigation measures to be employed;
5. Distance of the nearest resident to the work;
6. Electrical equipment proof of order; and
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7. Inspection required.
Replace entire Section 8-1.04B with:
8-1.04B Start of Job Site Activities
Contractor shall not begin any job site activities until the Notice to Proceed is issued.
Notify the Engineer seventy-two (72) hours in advance of commencing job site activities.
Replace Reserved in Section 8-1.04C with:
8-1.04C Delayed Start
Start job site activities within 55 days after receiving notice that the Contract has been approved.
Do not start job site activities until the Engineer authorizes or accepts your submittal for:
1. Contractor-supplied biologist
2. Biological resource information program
3. CPM baseline schedule
4. WPCP or SWPPP, whichever applies
5. Notification of DRA or DRB nominee and disclosure statement
6. Natural resource protection plan
7. Contingency plan for opening closures to traffic
You may enter the job site only to measure controlling field dimensions and locate utilities.
Do not start other job site activities until all the submittals from the above list are authorized or accepted and the following information is received by the Engineer:
1. Notice of Materials To Be Used form.
You may start job site activities before the 55th day after Contract approval if you:
1. Obtain specified authorization or acceptance for each submittal before the 55th day
2. Receive authorization to start
Submit a notice seventy-two (72) hours before starting job site activities. If the project has more than 1 location of work, submit a separate notice for each location.
Add to the end of Section 8-1.05:
The Contractor shall diligently prosecute the work to completion in accordance with the following schedule.
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All work shall be completed within working days outlined in section 8- 1.04A GENERAL; BEGINNING OF WORK of these Special Provisions
A punch list will be created after all bid items have been completed by the Contractor and it shall be the Contractor’s responsibility to notify the 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 and plant establishment has been completed.
A sample of the weekly statement of working days is in Appendix A. You must use the most recent Caltrans weekly statement of working days which can be downloaded at https://dot.ca.gov/programs/construction/contract-time.
Add to the end of Section 8-1.06:
Responsibilities of Contractor During Suspension Periods During periods that Work is suspended, Contractor shall continue to be responsible for the Work and shall prevent damage or injury to the project, provide for drainage, and shall erect necessary temporary structures, signs, or other facilities required to maintain the project and public safety and continue to perform in accordance with the safety requirements of the Contract Documents.
8-1.06A SUSPENSIONS of Work Ordered by the Engineer
1. If the performance of all or any portion of the work is suspended or delayed by the Engineer in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the contractor believes that additional compensation and/or contract time is due as a result of such suspension or delay, the contractor shall submit to the engineer in writing a request for adjustment within seven ( 7) calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment.
2. Upon receipt, the engineer will evaluate the contractor's request. If the 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 the 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. The contractor will be notified of the engineer's determination whether or not an adjustment of the contract is warranted.
3. No contract adjustment will be allowed unless the contractor has submitted the request for adjustment within the time prescribed.
4. 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.
Add to the end of Section 8-1.07B:
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If the Engineer grants an adjustment in time for avoidable delay, the City shall have the right and authority to make deductions in payments due or to become due to the Contractor as the City may deem just and reasonable for engineering, inspection, general supervision and overhead expenses.
8-1.07B(1) DELAYS TO CRITICAL PATH
Extensions of time, when granted, will be based upon the effect of delays to the critical path of the Work as a whole and will not be granted for non-controlling delays to included portions of Work unless it can be shown that such delays did, in fact, delay the progress of the Work as a whole.
8-1.07B(2) CONDITIONS TO TIME EXTENSIONS
The Contract Time or Milestones shall be extended only if, in the opinion of City, the Contractor is necessarily delayed in completing the Contract by a cause that meets all of the following conditions:
1. Such cause is beyond the control of Contractor, its Subcontractors, or material suppliers and is not due, in whole or in part, to the breach, negligence or fault of Contractor, its Subcontractors, or material suppliers;
2. Such cause arises after the Bid deadline and neither was nor could have been anticipated before the Bid deadline;
3. The effect of such cause could not be anticipated and avoided or mitigated by the exercise of all reasonable precautions, efforts and measures by the Contractor, including re-planning, scheduling and re-sequencing;
4. Such cause, in fact, results in a delay in the performance of the critical path of the Work, which is not thereon thereafter recovered;
5. Contractor has given notice thereof and provided the back -up documentation and analysis as required by the Contract Documents or as requested by the Engineer or City including but not limited to as -planned versus as-built schedules; and
6. The Contractor has exercised all reasonable precautions, efforts and measures to accomplish such changes in the Work without extending the date for completion.
8-1.07B(3) EXCUSABLE NON-COMPENSABLE DELAY
The Parties acknowledge that “Force Majeure” events, as defined in Section 1- 1.07B TIME ADJUSTMENTS of these Special Provisions, are not within the responsibility or control of the City or are reasonably contemplated by the Parties to occur during the course of performance of the Work, which may impact the schedule for performance of the Work and may entitle Contractor to an extension of the Contract Time (“Excusable Non-Compensable Delays”). If the Critical Path of the Work is delayed by Excusable Non- Compensable Delays, provided that such delays did not result from the acts of Contractor and further provided that Contractor takes reasonable precautions to prevent further delays owing to such causes, then the Contract Time and/or Milestones shall be extended by a Change Order or Construction Change Directive.
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An extension to the Contract Time and/or to the completion Milestone(s) identified in the Contract Documents shall be the Contractor’s sole remedy for Excusable Non-Compensable Delays. In no event shall Contractor be entitled to any compensation or recovery of any damages in connection with the Excusable Non-Compensable Delays defined above.
8-1.07B(4) EXCUSABLE COMPENSABLE DELAY
“Excusable Compensable Delay” means any delay to the critical path of the Work occurring after commencement and prior to completion of the Work:
1. which directly impacts the number of Working Days established in the Agreement for completion;
2. for which City is responsible, is unreasonable under the circumstances involved, and not within the contemplation of the Parties; and
3. is not due, in whole or in part, to the breach, negligence, or fault of Contractor, its Subcontractors, or Suppliers. Contractor’s remedy for Excusable Compensable Delay shall be extension of the date for completion and Milestones subject to the Conditions to Time
Extensions identified above and reimbursement of actual costs directly resulting from such delays and markup in accordance with Section 9 PAYMENT of the Stat Standard Specifications.
8-1.07B(5) INEXCUSABLE DELAY
“Inexcusable Delay” means any delay in the critical path of activities required for completion of the Work resulting from causes other than those deemed to be an Excusable Non-Compensable Delay or an Excusable Compensable Delay by these City Special Provisions. An Inexcusable Delay shall not entitle Contractor to either an extension of the date for completion or Milestones or to any additional compensation whatsoever.
8-1.07B(6) CONCURRENT DELAYS
To the extent the Contractor is entitled to an extension of time due to an Excusable Non-Compensable Delay or to an Excusable Compensable Delay, but the performance of the Work is independently suspended, delayed, or interrupted by an Inexcusable Delay, the delay shall be deemed to be a “Concurrent Delay.”
In the case of a Concurrent Delay, Contractor shall be entitled to an extension of the Contract Time or Milestone(s) and Contractor shall not be entitled to any additional compensation whatsoever during the period of Concurrent Delay. 8-1.07B(7) Claim for Additional Time
Any claim for extension of time shall be made in writing within the time limits provided in Section 5-1.43 herein. Within ten (10) calendar days after commencement of such delay the Contractor shall furnish the Engineer with detailed information concerning the circumstances of the delay, the number of days actually delayed, the appropriate Contract Document references, and the measures taken to prevent or minimize the delay including 441
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an as -planned versus as -built schedule. The Contractor acknowledges the extreme importance of promptly notifying and thoroughly documenting any request for time extension and further specifically acknowledges that the City will suffer extreme prejudice should Contractor fail in any way to comply with this requirement. 8-1.07B(7) CLAIM FOR ADDITIONAL TIME
Any claim for extension of time shall be made in writing within the time limits provided in Section 5-1.43 POTENTIAL CLAIMS AND DISPUTE RESOLUTION of these Special Provisions. Within ten (10) calendar days after commencement of such delay the Contractor shall furnish the Engineer with detailed information concerning the circumstances of the delay, the number of days actually delayed, the appropriate Contract Document references, and the measures taken to prevent or minimize the delay including an as-planned versus as-built schedule. The Contractor acknowledges the extreme importance of promptly notifying and thoroughly documenting any request for time extension and further specifically acknowledges that the City will suffer extreme prejudice should Contractor fail in any way to comply with this requirement.
8-1.07B(8) LIMITS ON ADJUSTMENT OF CONTRACT TIME OR CONTRACT SUM
FOR MATERIAL SHORTAGES OR COST ESCALATION
No extension of Contract Time or adjustment of the Contract Price will be granted for a delay caused by a shortage of materials, unless the Contractor furnishes to the City documented proof that the Contractor has diligently made every effort to obtain such materials from every known source within reasonable reach of the Work. The Contractor shall also submit proof, in the form of network analysis data that the inability to obtain such materials when originally planned did, in fact, cause a delay in completion of the Work which could not be compensated for by revising the sequence of operations. Only the physical shortage of material will be considered under these provisions as a cause for extension of time. No consideration will be given to any claim for adjustment of the Contract Price on the basis that material could not be obtained at a reasonable, practical, or economical cost except as provided in 9-1.07 PAYMENT ADJUSTMENTS FOR PRICE INDEX FLUCTUATIONS of the State Standard Specifications.
Contractor is aware that governmental agencies, such as gas companies, electrical utility companies, water districts and other agencies, may be required to approve Contractor - prepared drawings or approve a proposed installation. Contractor has endeavored t o include the cost of such anticipated delays and related costs which may be caused by such agencies in Contractor’s Bid. Thus, Contractor is not entitled to make claim upon the City for damages or delays arising from the delays caused by such agencies.
Furthermore, the Contractor has scheduled for such delays and is not entitled to an extension of time for delays caused by governmental agencies which Contractor must obtain approvals from. No extension of time will be granted under this Section 8- 1.07B
LIMITS ON ADJUSTMENT OF CONTRACT TIME OR CONTRACT SUM FOR MATERIAL SHORTAGES OR COST ESCALATION of these Special Provisions for any delay to the extent: (1) that performance would have been so delayed by any Contractor induced causes, including but not limited to the fault or negligence of the Contractor or its 442
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Subcontractors; or (2) for which any remedies are provided for or excluded by any other provision of the Contract.
8-1.07B(9) NO RELEASE OF SURETIES
An extension of time granted shall not release the sureties from their obligations. Work shall continue and be carried on in accordance with all the provisions of the Contract and the Contract shall be and shall remain in full force and effect during the continuance and until the completion and the City’s final acceptance of the Work covered by this Contract unless formally suspended or annulled in accordance with the terms of the Contract Documents.
8-1.07B(10) NO WAIVER BY CITY
Neither the grant of an extension of time beyond the date fixed for the completion of any part of the Work nor the doing and acceptance of any part of the Work or materials specified by this Contract after the time specified for the completion of the Work, shall be deemed to be a waiver of any other rights and remedies under the Contract. 8-1.07B(11) CITY’S RIGHT TO ORDER EXTRAORDINARY MEASURES TO
MITIGATE DELAY
In the event of delays to the project, the Engineer may order Extraordinary Measures as provided below.
8-1.07B(11)(a) Non-Compensable Extraordinary Measures
In the event the Engineer determines that the performance of the Work, or any portion thereof, has not progressed or reached the level of completion required by the Contract Documents due to causes within the control of Contractor, the Engineer shall have the right to order the Contractor to take corrective measures necessary to expedite the progress of construction, including, without limitation, (1) working additional shifts or overtime, (2) supplying additional workforce, equipment, and facilities, and (3) submitting a recovery schedule for re-sequencing performance of the Work or other similar measures (hereinafter referred to collectively as Extraordinary Measures). Such Extraordinary Measures shall continue until the progress of the Work complies with the stage of completion as required by the Contract Documents. The Contractor shall not be entitled to an adjustment in the Contract Price in connection with the Extraordinary Measures required by the City under or pursuant to this Section. The City may exercise the rights furnished the City under or pursuant to this Section as frequently as the City deems necessary to ensure that the Contractor’s performance of the Work will comply with the Contract Time, or interim completion date set forth in the Contract Documents.
If Contractor or its Subcontractors fail to commence Extraordinary Measures within forty-eight (48) hours of City’s written demand, the City may, without prejudice to other remedies, take corrective action at the expense of Contractor. 8-1.07B(11)(b) Compensable Extraordinary Measures
The Engineer, in its discretion, may issue a written request, to the Contractor requesting Contractor to submit an itemized proposal for Extraordinary Measures in order to 443
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achieve early completion of all or a portion of the Work, due to no fault of the Contractor, in a form acceptable to the City within ten (10) calendar days after the City’s issuance of the request. Contractor’s proposal shall be limited to direct labor cost (itemized hours and rates) and overhead and profit on the labor costs. 8-1.07B(12) Continuation of the Work
If the construction of the Work is not completed within the Contract Time, as may be extended by the City, the Contractor shall continue performing the Work in accordance with the Contract Documents until the completion of and the acceptance of the Work, or Contractor’s performance is suspended or terminated.
Replace the 2nd paragraph of Section 8-1.07C with:
Losses for idle equipment, idle workers, and moving or transporting equipment are eligible for delay- related payment adjustments.
If the Contractor claims additional costs due to impacts from an excusable delay, the Contractor must comply with section 5-1.42 REQUESTS FOR INFORMATION. Support the Contractor’s claim for additional costs based on the difference between the cost to perform the work as planned and the cost to perform the work as changed as determined under section 9-1.04 FORCE ACCOUNT of the State Standard Specifications. The Department adjusts payment for the work portion that was impacted.
The Contractor may schedule completion of all of the Work, or portions thereof, earlier than the Contract Time. Contractor, however, shall not be entitled to an adjustment of the Contract Price or to any additional costs or damages (including, but not limited to, claims for extended general conditions costs, home office overhead, jobsite overhead, and management or administrative costs), or any compensation whatsoever for Contractor’s use of float and/or Contractor’s inability to complete the Work earlier than the Contract Time for any reason whatsoever, including, but not limited to, delay caused by the City or other Excusable Compensable Delay. The City is exempt from liability for such costs, damages, and compensation.
Add to Section 8-1.10:
Any progress payment made after the completion date shall not be construed as a waiver of liquidated damages.
The Department may withhold liquidated damages before the accrual date if the anticipated liquidated damages may exceed the value of the remaining work.
Add to Section 8-1.10A
The Contractor shall pay to the City the sum of $ 13,200.00 per day, each and every calendar days’ delay in finishing the work in excess of the number of working days prescribed above. Any progress payment made after the completion date shall not be construed as a waiver of liquidated damages.
For each and every day that any portion of the work remains unfinished after the time fixed for completion in the contract documents as modified by any extension of time, 444
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damage will be sustained by the City. Because of the difficulty in computing the actual material loss and disadvantage to the City, the Contractor and City agree that Contractor will pay the City the amount of damages set forth herein as representing a reasonable forecast of the actual damages which the City will suffer by the failure of the Contractor to complete the work within the stipulated time. The execution of the agreement shall constitute acknowledgment by the Contractor that he or she has ascertained and agrees that the City will actually suffer damages in the amount herein fixed for each and every day during which the completion of the work is avoidably delayed beyond the stipulated completion date.
Unless otherwise provided in the contract documents, the Contractor shall have no claim or right of action against the City for damages, costs, expenses, loss of profits, or otherwise because or by reason of any delay in the fulfillment of the contract within the time limited therefore occasioned by any cause or event within or without the Contractor's control, and whether or not such delay may have resulted from anything done or not done by the City.
Add to Section 8-1.10B:
The roadway section and or intersection shall be opened to traffic by the end of the roadways last working hours of the lane closure charts. The Contractor shall pay to the City the sum of $2,000.00 per hour for each hour, or portion of an hour, after the last working hour are exceeded and that a traveled lane remains closed due to the Contractor’s operations.
The Contractor shall pay to the city the sum of $1,000.00 per day for each day, or portion of a day, that the sequencing and scheduling is not meet and outlined in Section 39-3.04A COLD PLANING ASPHALT CONCRETE PAVEMENT sequencing and of these Special Provisions.
The Engineer will provide written notice of non- conformance to the Contractor within twenty-four ( 24) hours of the violation. All Contractor's equipment, machinery, traffic control, and personnel shall be off of the pavement and all lanes shall be open to traffic to be considered as full compliance.
Any progress payment made after the completion date shall not be construed as a waiver of liquidated damages.
Replace Reserved in Section 8-1.11 with:
8-1.11 UTILITY AND NON-HIGHWAY FACILITIES
Attention is directed to Section 15 EXISTING FACILITIES , of the State Standard Specifications and these Special Provisions.
The Contractor shall notify the Engineer and the appropriate regional notification center for operators of subsurface installations at least three (3) working days, but not more than fourteen (14) calendar days, prior to performing any excavation or other work close to any underground pipeline, conduit, duct, wire or other structure. Regional notification centers include, but are not limited to, the following:
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Notification Center Telephone
Number
Underground Service Alert -Northern
California (USA)
(811) 422-4133
(800) 422-4133
The C ontractor is cautioned that there may be underground and overhead utility facilities within the work area including telephone, electrical, cable television, gas, water and sanitary sewer transmission facilities, and storm drainage collection facilities.
Where possible conflict may exist, the Contractor shall verify the grade and location of ex
isting underground utility prior to any work.
It is recognized by the City and the Contractor that the locations of existing utilities as shown on the plans are approximate, their actual location is unknown. Recognition is given to the fact there may be additional existing utilities unknown to either party to the contract. Location of utilities, as shown on the drawings, represents the best information obtainable from utility maps and information furnished by the various agencies and companies involved. The City warrants neither the accuracy nor the extent of the actual utilities involved.
In the event the Contractor discovers utilities not identified on the plans or by the utilities, the Contractor shall immediately notify the Engineer and the utility owners by the most expeditious method reasonably available and later confirm in writing.
The right is reserved to the Department and the owners of facilities, or their authorized agents, to enter upon the highway right of way for the purpose of making those changes that are necessary for the rearrangement of their facilities or for making necessary connections or repairs to their properties. The Contractor shall cooperate with forces engaged in this work and shall conduct operations in such a manner as to avoid any unnecessary delay or hindrance to the work being performed by the other forces.
Wherever necessary, the work of the Contractor shall be coordinated with the rearrangement of utility or other non- highway facilities, and the Contractor shall make arrangements with the owner of those facilities for the coordination of the work.
Attention is directed to the possible existence of underground main or trunk line facilities not indicated on the plans or in these S pecial Provisions and to the possibility that underground main or trunk lines may be in a location different from that which is indicated on the plans or in the special provisions. The Contractor shall ascertain the exact location of underground main or trunk lines whose presence is indicated on the plans or in these Special Provisions, the location of their service laterals or other appurtenances, and of existing service lateral or appurtenances of any other underground facilities which can be inferred from the presence of visible facilities such as buildings, meters and junction boxes prior to doing work that may damage any of the facilities or interfere with their service.
If the Contractor cannot locate an underground facility whose presence is indicated on the plans or in the special provisions, the Contractor shall so notify the Engineer in writing.
If the facility for which the notice is given is in a substantially different location from that indicated on the plans or in the special provisions, the additional cost of locating the facility 446
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will be paid for as extra work as provided in Section 4- 1.05 CHANGES AND EXTRA WORK of these Special Provisions.
If the Contractor discovers underground main or trunk lines not indicated on the plans or in the special provisions, the Contractor shall immediately give the Engineer and the Utility Company written notification of the existence of those facilities. The main or trunk lines shall be located and protected from damage as directed by the Engineer, and the cost of that work will be paid for as extra work as provided in section 4-1.05.The Contractor shall, if directed by the Engineer, repair any damage which may occur to the main or trunk lines.
The cost of that repair work, not due to the failure of the Contractor to exercise reasonable care, will be paid for as extra work as provided in Section 4-1.05 CHANGES AND EXTRA WORK of these Special Provisions. Damage due to the Contractor's failure to exercise reasonable care shall be repaired at the Contractor's cost and expense.
Where it is determined by the Engineer that the rearrangement of an underground facility is essential in order to accommodate the highway improvement and the plans and specifications do not provide that the facility is to be rearranged, the Engineer will provide for the rearrangement of the facility by other forces or the rearrangement shall be performed by the Contractor and will be paid for as extra work as provided in Section 4-
1.05 CHANGES AND EXTRA WORK of these Special Provisions . When ordered by the Engineer in writing, the Contractor shall rearrange any utility or other non-highway facility necessary to be rearranged as a part of the highway improvement, and that work will be paid for as extra work as provided in Section 4- 1.05 CHANGES AND EXTRA WORK of these Special Provisions.
Should the Contractor desire to have any rearrangement made in any utility facility, or other improvement, for the Contractor's convenience in order to facilitate the Contractor's construction operations, which rearrangement is in addition to, or different from, the rearrangements indicated on the plans or in the special provisions, the Contractor shall make whatever arrangements are necessary with the owners of the utility or other non- highway facility for the rearrangement and bear all expenses in connection therewith.
The Contractor shall immediately notify the Engineer of any delays to the Contractor's operations as a direct result of underground main or trunk line facilities which were not indicated on the plans or in the special provisions or were located in a positi on substantially different from that indicated on the plans or in the special provisions, or as a direct result of utility or other non- highway facilities not being rearranged as herein provided (other than delays in connection with rearrangements made to facilitate the Contractor's construction operations or delays due to a strike or labor dispute). These delays will be considered right of way delays within the meaning of Section 8- 1.09 DELAYS of the State Standard Specifications and compensation for the delay will be determined in conformance with the provisions in Section 8- 1.09 DELAYS of the State Standard Specifications. The Contractor shall be entitled to no other compensation for that delay.
Any delays to the Contractor's operations as a direct result of utility or other non-highway facilities not being rearranged as provided in this Section 8-1.10 LIQUIDATED DAMAGES of these Special Provisions, due to a strike or labor dispute, will entitle the Contractor to 447
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an extension of time as provided in Section 8- 1.07 DELAYS of the State Standard Specifications. The Contractor shall be entitled to no other compensation for that delay.
Add the following to the end of Section 8-1.13:
8-1.13A Termination by the City for Cause
8-1.13A(1) Grounds
The City shall have the right to terminate the Contractor’s performance of the Work, in whole or in part, if:
1. Contractor fails to promptly commence the Work or unnecessarily or unreasonably delays the Work or improperly discontinues the diligent prosecution of the Work or abandons the Work;
2. Contractor refuses or fails to supply skilled supervisory personnel, an adequate number of properly skilled workers, proper materials, or necessary equipment to perform the Work in strict accordance with the Contract Documents, and the latest accepted schedule;
3. Contractor fails to make prompt payment of amounts properly due Subcontractors after receiving payment from the City;
4. Contractor disregards applicable laws, statutes, ordinances, codes, rules, regulations, or lawful orders of a public authority;
5. Contractor fails to resume performance of Work which has been suspended or stopped, within a reasonable time after receipt of notice from the City to do so or (if applicable) after cessation of the event preventing performance;
6. Any representation or warranty made by Contractor in the Contract Documents or any certificate, schedule, instrument, or other document delivered by Contractor pursuant to the Contract Documents shall have been false or materially misleading when made;
7. After commencement of the Work the City becomes aware that the Contractor is using an ineligible Contractor, Subcontractor, or supplier who was barred from performing work or providing materials or services on City projects at the time of Bid;
8. Contractor fails to make payment to Subcontractors for materials or labor in accordance with the respective Contract Documents and applicable law;
9. The Contract is assigned or the Work is sublet otherwise than as specified in the Contract Documents;
10. Contractor otherwise is guilty of breach of a provision of the Contract Documents; or
11. Contractor materially fails to execute the Work in accordance with the Contract Documents or, in the City’s opinion, is violating any of the terms of the Contract or is not executing the Contract in good faith or is not following instructions of the City as to additional force necessary in the opinion of the City for its completion within the required time.
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8-1.13A(2) City’s Rights Upon Termination of Contract for Cause: Notice to Cure and Notice of Termination for Default
When any of the reasons specified above exist, the City may, in addition to and without prejudice to any other rights or remedies of the City, issue a written notice to cure the default to the Contractor and its surety. The Contractor shall commence satisf actory corrective actions within five (5) working days after receipt of the notice to cure. If the Contractor fails to commence satisfactory corrective work within five ( 5) working days after receipt of the notice to cure, or to diligently continue satisfactory and timely correction of the default thereafter, the City will advise the performance bond surety of the default and that surety will be given fifteen (15) calendar days to arrange for completion of the Work in accordance with the Contract Documents by another Contractor or Contractors satisfactory to the City. Should the surety fail to effect satisfactory arrangements within said 15-day period, the City shall have the right to issue a notice of termination for default and to:
1. Exclude the Contractor from the Site;
2. Take possession of the Site and of all materials, equipment, tools and construction equipment, and machinery thereon owned by the Contractor;
3. Suspend any further payments to Contractor;
4. Accept assignment of subcontracts pursuant to Section 5-1.13C; and
5. Finish the Work by whatever reasonable method the City may deem expedient.
When the City terminates the Contractor’s performance of the Work for one of the reasons stated in this Section 8- 1.13 CITY’S RIGHTS UPON TERMINATION OF CONTRACT FOR CAUSE: NOTICE TO CURE AND NOTICE OF TERMINATION FOR DEFAULT, the Contractor shall not be entitled to receive further payment until the Work is finished.
The City shall charge the cost to complete the Work, including, but not limited to, protection, investigation, labor, services, equipment, materials, permits, fees, supervisory, and administrative costs to Contractor and its performance bond surety. If the unpaid balance of the Contract Price is less than all costs of finishing the Work, including compensation for the City’s services and expenses made necessary thereby, and other damages incurred by the City and not expressly waived, the Contractor shall pay the difference to the City. This obligation for payment shall survive termination of the Contract. If the unpaid balance of the Contract Price is greater than all costs of finishing the Work, including compensation for the City’s services and expenses made necessary thereby, the Contractor shall receive payment for Work properly performed by Contractor for which payment was not made previously; any excess amounts shall be retained by the City.
Upon receipt of the written notice of termination for default, the surety shall immediately assume all rights, obligations and liabilities of the Contractor under the Contract. If the surety fails to protect and maintain the work site, the City may do so, and may recover all costs incurred. The surety shall notify the City that it is assuming all rights, obligations and liabilities of the Contractor under the Contract. Within fifteen ( 15) working days of receipt of the written notice of termination for default, the Surety shall submit to the City 449
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a written plan detailing the course of action it intends to take to remedy the default. The City will review the plan and notify the surety if the plan is satisfactory. If the surety fails to submit a satisfactory plan, or if the surety fails to maintain progress according to the plan accepted by the City, the City may, upon 48 hours written notice, exclude the Surety from the premises, take possession of all material and equipment, and complete the Work in any way the City deems to be expedient. The cost of completing the Work by the City shall be charged against the surety and may be deducted from any monies due, or which would become due, the surety. If the amounts due under the Contract are insufficient for completion, the surety shall pay to the City, w ithin thirty (30) days after the City submits an invoice, all costs in excess of the remaining Contract Price. The Surety will be paid for completion of the Work in accordance with Section 9 PAYMENT of these Special Provisions, less the value of damages caused to the City by acts of the Contractor. 8-1.13A(3) Erroneous Termination
If it has been adjudicated or otherwise determined that the City has erroneously or negligently terminated the Contractor for cause, then said termination shall automatically convert to a termination by the City for convenience as set forth in Section 8- 1.13C CONTRACTOR’S DUTIES UPON TERMINATION of these Special Provisions. 8-1.13A(4) Acceptance of Incomplete or Non-Conforming Work In lieu of the provisions of this Section for terminating the Contractor’s performance, the City may pay the Contractor for the portion of Work completed according to the provisions of the Contract Documents and may treat the incomplete Work as if they had never been included or contemplated by this Contract, in which case the Contract Price will be reduced by the value of the deleted Work determined in accordance with Section 4- 1.05 CHANGES AND EXTRA WORK of the State Standard Specifications and these Spec ial Provisions. No claim under this provision will be allowed the Contractor for overhead or prospective profits on Work not completed by the Contractor. 8-1.13A(5) Adequate Financial Assurances
It is recognized that if Contractor is adjudged a bankrupt or makes a general assignment for the benefit of creditors, or if a receiver is appointed for the benefit of its creditors, or if a receiver is appointed on account of Contractor’s insolvency, this could impair or frustrate Contractor’s performance of the Work. Accordingly, it is agreed that upon the occurrence of any such event, the City shall be entitled to request of Contractor, or its successor in interest, adequate assurance of future performance in accordance with the terms and conditions hereof. Failure to comply with such request within five (5) calendar days of delivery of the request shall entitle the City to terminate the Contract and to the accompanying rights set forth above. Pending receipt of adequate occurrence of performance and actual performance in accordance therewith, the City shall be entitled to proceed with the Work with its own forces or with other Contractors on a time and material or other appropriate basis, the cost of which will be backcharged against the Contract Price.
8-1.13B Termination by the City for Convenience
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The City may, at any time, terminate the Contractor’s performance of the Work, in whole or in part, for the City’s convenience without regard to Contractor’s fault or breach upon fourteen (14) calendar days’ written notice to Contractor.
In the event that the City terminates Contractor’s performance of the Work for convenience, Contractor agrees to waive any claims for damages, including, but not limited to, home office overhead, loss of anticipated profits on account thereof, and as the sole right and remedy of Contractor, the City shall pay Contractor in accordance with Section 8-1.13E PAYMENT ADJUSTMENT FOR TERMINATION of these Special Provisions. The provisions of the Contract, which by their nature survive final acceptance of the Work, shall remain in full force and effect after such termination to the extent provided in such provisions.
8-1.13C Contractor’s Duties Upon Termination
Upon receipt of written notice from the City of such termination for cause or for the City’s convenience, the Contractor shall, unless the notice directs otherwise, do the following:
1. Cease performance of the Work to the extent specified in the notice;
2. Cooperate with the City to secure the site and demobilize in a safe and orderly fashion;
3. Take actions necessary, or that the City may direct, for the protection and preservation of the Work;
4. Except for Work directed to be performed in the notice, incur no further costs and enter into no further subcontracts and purchase orders;
5. If requested by the City, assign to the City, in the manner and to the extent directed, all of the right, title and interest to the Contractor under the subcontracts, and the City shall have no liability for acts, omissions or causes of action resulting therefrom which accrued prior to the date of termination and assignment, which liability shall remain with the Contract; and
6. Turn over to the City, as soon as possible, but not later than thirty (30) days after receipt of such termination notice, the originals of all of the Contractor’s records, files, documents, drawings and any other items relating to the project, whether located on the project site, at the Contractor’s office or elsewhere.
Replace section 8-1.14E with:
8-1.14E Payment Adjustment for Termination
If the Department issues a termination notice, the Engineer determines the payment for termination during the performance period, from contract approval date to contract acceptance date, based on the following:
1. Direct cost for the work performed:
1.1. Including:
1.1.1. Mobilization
1.1.2. Demobilization
1.1.3. Securing the job site for termination
1.1.4. Losses from the sale of materials
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1.2. Not including:
1.2.1. Cost of materials you keep
1.2.2. Profit realized from the sale of materials
1.2.3. Cost of material damaged by:
1.2.3.1. Act of God
1.2.3.2. Act of a public enemy
1.2.3.3. Fire
1.2.3.4. Flood.
1.2.3.5. Governor-declared state of emergency
1.2.3.6. Landslide
1.2.3.7. Tsunami
1.2.4. Other credits
2. Cost of remedial work, as estimated by the Engineer, is not reimbursed.
3. Allowance for profit not to exceed four (4) percent of the cost of the work performed where a likelihood of having made a profit had the Contract not been terminated is shown.
4. Material handling costs for material returned to the vendor or disposed of as ordered.
5. Costs in determining the payment adjustment due to the termination, excluding attorney fees and litigation costs.
6. Overhead costs.
Termination of the Contract does not relieve the surety of its obligation for any just claims arising out of the work performed.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
9 PAYMENT
Add to the end of Section 9-1.02A:
9-1.02 MEASUREMENT
Payment for all work bid at a price per unit of measurement will be based upon actual quantities of work as measured upon completion. The 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. The 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.
Add to the end of Section 9-1.03:
The items bid on a “lump sum” basis shall result in a complete structure, operating plant, or system, (including all warranty documents and product and operating manuals) in satisfactory working condition in respect to the functional purpose of the installation and no 452
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extra compensation will be allowed for anything omitted but implied. Full compensation for additional materials and labor, whether or not shown on the drawing or specified in the State Standard Specifications or these Special Provisions, which are necessary to complete all the work will be considered as included in the lump sum price paid for the work, and no additional compensation will be allowed.
9-1.03A PROMPT PROGRESS PAYMENT
In accordance with California Business and Professions Code section 7108.5, the prime contractor or subcontractor shall pay to any subcontractor, not later than seven days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed the contractor on account of the work performed by the subcontractors, to the extent of each subcontractor’s interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from the prime contractor or subcontractor to a subcontractor, the prime contractor or subcontractor may withhold no more than 150 percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee to a penalty, payable to the subcontractor, of 2 percent of the amount due per month for every month that payment is not made. In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney’s fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal. This clause applies to both DBE and non-DBE subcontractors.
Replace Reserved in Section 9-1.12 with:
9-1.12 PROMPT PAYMENT
The local agency shall make all project progress payment within 30 days after receipt of an undisputed, complete and properly submitted payment request from the Contractor on a construction contract. If the local agency fails to pay promptly, the local agency shall pay interest to the Contractor, which accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied and pro-rated as necessary. Upon receipt of the payment request, the local agency shall act in accordance with both of the following:
1. The local agency shall review each payment request as soon as feasible after receipt to verify it is a proper payment request.
2. The local agency must return any payment request deemed improper or incomplete by the local agency to the C ontractor as soon as feasible, but not later than seven (7) days, after receipt. A request returned pursuant to this paragraph shall include documentation setting forth in writing the reasons why it is an improper payment request.
For projects awarded on or after SEPTEMBER 1,
2023:
The Contractor must submit Exhibit 9-P to the local agency administering the contract by the 15th of the month following the month of any payment(s). If the Contractor does not 453
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make any payments to subcontractors, supplier(s) and/or manufacturers they must report “no payments were made to subs this month” and write this visibly and legibly on Exhibit 9-P.
The Local Agency must verify all Exhibit 9-P information, monitor compliance with prompt payment requirements for DBE and non-DBE firms, and address any shortfall to the DBE commitment and prompt payment issues until the end of the project. The Local Agency must email a copy of Exhibit 9-P to [email protected] bef ore the end of the month
after receiving the Exhibit 9-P from the Contractor.
R
eplace Section 9-1.16A with:
9-1.16A PROGRESS PAYMENTS
After award of contract, the progress payments are due on the 15 th of each month. The Contractor may request in writing that such monthly closure date be changed. The Engineer may approve such request when it is compatible with the City's payment procedure.
The Contractor shall submit all requests for progress payments using the forms included in Appendix A.
Form CC1: Progress Payment Request
- This form is to be completed and signed by the
Contractor and attached as a cover sheet to its request for payment. This will be mandatory on all contract requests.
Form CC2: P
rogress Payment Request – Detail - This form may be used by the Contractor to provide the detail required to verify payment quantities. (City will accept the Contractor’s standard form if it provides the required information).
Form CC3: Quantity Change Verification Form
- This form is required before any payment
can be made based on actual quantities exceeding estimated quantities. At the conclusion of the contract, the City will issue a “Balancing Change Order” incorporating all quantity increases and decreases in the contract items of work.
9 -1.16A(1) GENERAL
Based upon Applications for Payment submitted to the Engineer by the Contractor, the City shall make progress payments to the Contractor as provided below and elsewhere in the Contract Documents.
The period covered by each Application for Payment shall be one calendar month ending on the 20th day of the month.
The Contractor shall submit each Application for Payment to the Engineer by the last day of each month.
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Pursuant to Section 9- 1.02 MEASUREMENT of these Special Provisions, Contractor’s Applications for Payment shall be based on the actual installed measured in place quantities for payment.
Applications for Payment shall indicate the percentage of completion of each portion of the Work for which a lump sum price is specified as of the end of the period covered by the Application for Payment.
9-1.16A(2) APPLICATIONS FOR PAYMENT
Contractor shall submit to the Engineer an Application for Payment (on a form provided by the Engineer) for Work completed in accordance with the measurement of quantities.
Such application shall be supported by such data substantiating the Contractor’s ri ght to payment as the Engineer may require.
By submitting an Application for Payment, the Contractor warrants that all Work has been performed in compliance with the Contract Documents, and that all quantities and amounts set forth therein accurately reflect the amount of Work completed during that pay period.
Each Application for Payment shall be reviewed by the Engineer as soon as practicable after receipt for the purpose of determining that the Application for Payment is a “proper and complete” payment request, accurately reflecting the value of Work completed and submitted with the documents required by the Contract Documents. An Application for Payment shall be deemed "proper" only if it is properly completed and submitted on the proper forms. The Engineer shall have the right to adjust any estimate of quantity and to subsequently correct any error made in any Application for Payment.
The City shall make payment to the Contractor not later than thirty (30) calendar days after the Engineer’s verification and approval that an Application for Payment is undisputed and properly submitted.
9-1.16A(3) PAYMENTS FOR AUTHORIZED CHANGES
Applications for Payment may include requests for payment on account of changes in the Work that have been properly authorized by Change Orders and by Construction Change Directives, which shall be itemized separately from base Contract Work.
9-1.16A(4) NO REQUESTS FOR DISPUTED SUBCONTRACTOR WORK
Applications for Payment shall not include requests for payment of amounts the Contractor does not intend to pay to a Subcontractor or material supplier because of a dispute or other reason, or as to which an appropriate stop payment notice release has not been filed.
9-1.16A(5) CITY REVIEW AND PAYMENT
This Contract is subject to the following provisions of California Public Contract Code Section 20104.50 which provides as follows:
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(a)(1) It is the intent of the Legislature in enacting this Section to require all local governments to pay their Contractors on time so that these Contractors can meet their own obligations. In requiring prompt payment by all local governments, the Legisl ature hereby finds and declares that the prompt payment of outstanding receipts is not merely a municipal affair, but is, instead, a matter of statewide concern. (2) It is the intent of the Legislature in enacting this article to fully occupy the field of public policy relating to the prompt payment of local governments’ outstanding receipts. The Legislature finds and declares that all governmental officials, including those in local government, must set a standard of prompt payment that any business in the private sector that may contract for services should look toward for guidance. (b) Any local agency which fails to make any progress payment within thirty (30) days after receipt of an undisputed and properly submitted payment request from a Contractor or construction Contract shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of § 685.010 of the Code of Civil Procedure. (c) Upon receipt of a payment request, each local agency shall act in accordance with both of the following:
(1) Each payment request shall be reviewed by the local agency as soon as practicable after receipt of the purpose of determining that the payment request is a proper payment request;
(2) Any payment request determined not to be a proper payment request suitable for payment shall be returned to the Contractor as soon as practicable, but not later than seven (7) days, after receipt. A request returned pursuant to this Section shall be accompanied by a document setting forth in writing the reasons why the payment request is not proper.
(d) The number of days available to a local agency to make a payment without incurring interest pursuant to this Section shall be reduced by the number of days by which a local agency exceeds the seven- day return requirement set forth in paragraph (2) of subdivision (c).
(e) For purposes of this Article:
(1) A “local agency” includes, but is not limited to, a City, including a charter City, a county, and a City and county, and is any public entity subject to this part. (2) A “progress payment” includes all payments due Contractors, except that portion of the final payment designated by the Contract as retention earnings. (3) A payment request shall be considered properly executed if funds are available for payment of the payment request, and the Financial Officer of the local agency does not delay the payment due to an audit inquiry.
(f) Each local agency shall require that this article, or a summary thereof, be set forth in the terms of any Contract subject to this Article.
9-1.16A(6) IMPROPER APPLICATION FOR PAYMENT
In accordance with Section 20104.50 of the California Public Contract Code, any Application for Payment determined by the Engineer not to be a proper payment request, suitable for payment, shall be returned to the Contractor as soon as practicable, but not later than seven (7) calendar days after receipt by the Engineer. An Application for Payment returned to the Contractor shall be accompanied by written documentation 456
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setting forth the reasons why the Application for Payment is not proper and not suitable for payment. If an Application for Payment is so returned as improper, no payment will be due the Contractor. The City reserves the right to make partial payment of undisputed amounts.
9-1.16A(7) INTEREST ON UNDISPUTED AMOUNTS
If the City fails to make any progress payment within thirty (30) calendar days after receipt of an undisputed and proper Application for Payment from the Contractor, the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the California Code of Civil Procedure. The number of days available to the City to make a payment without incurring interest shall be reduced by the number of days by which the Engineer exceeds the seven (7) day return requirement set forth above.
9-1.16A(8) CONTRACTOR WARRANTY OF TITLE TO WORK
The Contractor warrants that title to all Work covered by an Application for Payment will pass to the City no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment, all Work for which payments have been received from the City shall, to the best of the Contractor’s knowledge, information and belief, be free and clear of liens, claims, security interests, or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work.
This provision shall not relieve the Contractor from the responsibility for materials and Work upon which payments have been made, the restoration of damaged Work or as waiving the right of the City to require the fulfillment of the terms of the Contract.
Each time the Contractor submits an Application for Payment, the Contractor herby certifies that each Application for Payment is complete and accurate regarding the quantities and amounts stated in the application, and that all Work for which the Contractor seeks payment have been provided in a manner that meets or exceeds the Contract requirements.
9-1.16A(9) 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 these 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 City and the Contractor furnishes evidence satisfactory to the Engineer that the materials are stored subject to or under the control of the City, 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 5 calendar days, not including Saturdays, Sundays, and legal holidays, before the preparation of the monthly progress estimate shall not be eligible for payment until the following month's estimate.
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• 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 State- furnished 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 City shall retain ten (10) percent of the estimated value of the work done and (ten) 10 percent 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, except that at any time after twenty (20) percent of the work has been completed, if the Engineer finds that satisfactory progress is being made, the City may reduce the total amount being retained from payment pursuant to the above requirements to five ( 5) percent of the total estimated value of the work and materials and may also reduce the amount retained from any of the remaining partial payments to five ( 5) percent of the estimated value of the work and materials. In addition, on any partial payment made after ninety-five (95) percent of the work has been completed, the City may reduce the amount withheld from payment pursuant to the requirements of Section 9-1.16A PARTIAL PAYMENTS of these Special Provisions, to such lesser amount as the City determines is adequate security for the fulfillment of the balance of the work and other requirements of the contract, but in no event will that amount be reduced to less than one-hundred twenty five (125) percent of the estimated value of the work yet to be completed as determined by the Engineer. The reduction will only be made upon the written request of the Contractor and shall be approved in writing by the surety on the Performance Bond and by the surety on the Payment Bond. The approval of the surety shall be submitted to the Disbursing Officer of the City; the signature of the person executing the approval for the surety shall be properly acknowledged and the power of attorney authorizing the person to give that consent must either accompany the document or be on file with the City.
• The City 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.
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• 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.
Add to Section 9-1.16D(1):
Mobilization shall consist of preparatory work and operations, including, but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidentals to the project site; and for all other work and operations which must be performed or costs incurred prior to beginning work on the various contract items on the project site.
Mobilization also includes public notifications. Demobilization shall include, upon substantial completion of the contracted work, the removal of all signs, c onstruction trailers, storage trailers and bins, temporary fencing, garbage, construction debris, equipment, utility services not scheduled to remain, portable toilet facilities, and all excess construction material not included and paid for within other base bid items. Work shall also include the repair, restoration and/or replacement of facilities damaged by the Contractor and/or Subcontractors and suppliers, including driveways, parking areas, streets, pipelines, and landscaping, and the submittal of Record Drawings. Work area shall be cleaned and restored to original condition or better as further shown on the plans.
The compensation for Mobilization shall not exceed five (5) percent of the total amount of all remaining bid items.
Add to Section 9-1.16E(2):
The City will hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the Agency, of the contract work, and pay retainage to the prime contractor based on these acceptances.
The Agency shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the Agency of the contract work and pay retainage to the prime contractor based on these acceptances. The prime contractor or subcontractor shall return all monies withheld in retention from all subcontractors within seven (7) days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the Agency. Any delay or postponement of payment may take place only for good cause and with the Agency’s prior written approval. Any violation of these provisions shall subject the violating prime contractor or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code and Section 10262 of the California Public Contract Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor; deficient subcontractor performance and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors.
Any violation of these provisions of Prompt Progress Payment and Prompt Payment of Withheld Funds to Subcontractors shall subject the violating prime contractor or 459
SAN JOSE CREEK MULITPURPOSE PATH – NORTHERN AND SOUTHERN SEGEMENTS CITY PROJECT NO. 9006, FEDERAL AID PROJECT BRLS-5481(022) SP-88
subcontractor to the penalties, sanctions and other remedies specified therein. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the prime 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.
The City will withhold five (5) percent of all monthly progress payments as retention to assure completion and payment of labor and materials. Retention will be released to the Contractor ninety (90) days after the progress payment is approved and signed by the City.
In accordance with Public Contract Code Section 22300, securities shall be permitted in substitution of money withheld by the City to ensure performance under this contract.
At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally charged bank in this state as the escrow agent, who shall then pay such moneys to the Contractor. Upon satisfactory completion of the contract, the securities shall be returned to the Contractor.
Alternatively, the Contractor may request and the City shall make payment of retentions earned directly to the escrow agent at the expense of the Contractor. At the expense of the Contractor, the Contractor may direct the investment of the payments into securities and the Contractor shall receive the interest earned on the investments upon the same terms provided for in this section for securities deposited by the Contractor. Upon satisfactory completion of the contract, the Contractor shall receive from the escrow agent all securities, interest, and payments received by the escrow agent from the City, pursuant to the terms of this section.
Securities eligible for investment under this paragraph shall include those listed in Government Code Section 16430, bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by the Contract and the City. The Contractor shall be the beneficial owner of any securities substituted for moneys withheld and shall receive any interest thereon.
If an escrow agreement is used as security, it shall be null, void and unenforceable unless it is substantially similar to the form stated in Public Contract Code Section 22300.
Replace Section 9-1.16E(4) with:
The City may withhold payments to cover claims filed under Civil Code § 9000 et seq.
Stop payment notice information may be obtained from City.
If at any time there shall be evidence of the existence, whether or not same has been asserted, of any mechanics lien, stop payment notice, or claim arising out of or in connection with the performance or default in performance of this Contract or any subcontract or supply contract entered into by Contractor to perform this Contract, and if the City might become liable for the discharge of or satisfaction of such mechanics lien, 460
SAN JOSE CREEK MULITPURPOSE PATH – NORTHERN AND SOUTHERN SEGEMENTS CITY PROJECT NO. 9006, FEDERAL AID PROJECT BRLS-5481(022) SP-89
stop payment notice, or claim, then the City shall have the right to retain out of any payment then due or thereafter to become due, an amount sufficient to discharge such mechanics lien or stop payment notice or satisfy such claim and to reimburse the Cit y and the representatives of the City for all costs and expenses in connection therewith, including attorneys’ fees. Further, the City, in its sole discretion, shall have the right to discharge or satisfy such mechanics lien, stop payment notice, or claim and pay all costs and expenses in connection therewith if the Contractor does not have such mechanics lien, stop payment notice, or claim discharged or satisfied within ten (10) days after receiving notice thereof from the City or unless some other procedure for discharge or satisfaction of such lien or claim is agreed upon between the City and Contractor. If the amounts retained are insufficient for the aforesaid purposes, or if such mechanics lien, stop payment notice, or claim remains undischarged or unsatisfied after all payments have been made to the Contractor, then the Contractor shall refund to the City all monies that may have been paid to discharge such lien or stop payment notice or satisfy such claims, including the costs, expenses, and attorneys’ fees in connection therewith.
If the Contractor or a Subcontractor disputes the correctness or validity or enforceability of any stop payment notice, the City may, in its discretion, permit the Contractor to file with the City a bond, on a form provided by the City, executed by one or more corporate California admitted surety insurers, in an amount equal to one hundred and twenty -five percent (125%) of the claim stated in the stop payment notice conditioned for the payment of any sum which the stop payment notice claimant may recover on the claim together with its costs of suit in the action. Upon the City’s acceptance of such bond, the City shall not withhold money from the Contractor on account of the stop payment notice. The surety(ies) upon the stop payment notice release bond shall be different than, and jointly and severally liable to the stop payment notice claimant with, the payment bond surety(ies).
If a Subcontractor or material supplier refuses to furnish a release or waiver required by the City, records a mechanics lien, or files a stop payment notice, the Contractor shall, upon the City’s request, furnish a bond satisfactory to the City to release the stop payment notice and shall otherwise fully indemnify the City against such stop payment notice and the City shall enforce its right under the preceding paragraph.
Any lien, stop payment notice, or other claim, filed or asserted after the Contractor’s acceptance of the final payment, by any Subcontractor, laborer, material supplier, or others, in connection with or for Work performed under the Contract Documents shall be the sole and exclusive responsibility of the Contractor, who further agrees to indemnify, defend. and hold harmless the City and its council members, officers, agents and employees from and against any claims, demands, or judgment arising out of or associated therewith, including, without limitation, attorneys’ fees incurred by the City in connection therewith.
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SAN JOSE CREEK MULITPURPOSE PATH – NORTHERN AND SOUTHERN SEGEMENTS CITY PROJECT NO. 9006, FEDERAL AID PROJECT BRLS-5481(022) SP-90
Replace Reserved in Section 9-1.16E(6) with:
9-1.16E(6) Withhold Amount
The City will withhold 5 percent of all progress payments as retention (Public Contract Code § 7201).
Replace Reserved in Section 9-1.16G with:
9-1.16G Release of Retention
This Contract is subject to the following provisions of California Public Contract Code § 7200 which provides as follows:
(a)(1) This section shall apply with respect to all Contracts entered into on or after January 1, 1999, between a public entity and an original Contractor, between an original Contractor and a Subcontractor, and between all Subcontractors thereunder, relating to the construction of any public Work of improvement.
(2) For purposes of this Section, “public entity” means the state, including every state agency, office, department, division, bureau, board, or commission, a City, county, City and county, including chartered cities and chartered counties, district, speci al district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency.
(b) In a Contract between the original Contractor and a Subcontractor, and in a Contract between a Subcontractor and any Subcontractor thereunder, the percentage of the retention proceeds withheld may not exceed the percentage specified in the Contract between the public entity and the original Contractor.
(c) When a performance and payment bond is required in the solicitation for bids, subdivision (b) shall not apply to either of the following:
(1) The original Contractor, if the Subcontractor fails or refuses to provide a performance and payment bond issued by an admitted surety insurer, to the original Contractor. (2) The Subcontractor, if a Subcontractor thereunder fails or refuses to provide a performance and payment bond issued by an admitted surety insurer, to the Subcontractor.
(d) No party identified in subdivision (b) shall require any other party to waive any provision of this Section.
(e) In the event that the Contractor elects to substitute securities in lieu of retentions, the Contractor may withhold from its Subcontractors, who have not elected to substitute securities in lieu of retentions, the amount of retentions that would have otherwise been withheld.
Replace Reserved in Section 9-1.16H with:
9-1.16H Payments to Subcontractors
The Contractor shall pay each Subcontractor, no later than seven (7) calendar days after receipt of payment from the City the amount to which the Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of the Subcontractor’s portion of the Work. The Contractor shall, by appropriate agreement 462
SAN JOSE CREEK MULITPURPOSE PATH – NORTHERN AND SOUTHERN SEGEMENTS CITY PROJECT NO. 9006, FEDERAL AID PROJECT BRLS-5481(022) SP-91
with each Subcontractor, require each Subcontractor to make payments to its Subcontractors in a similar manner. Contractor shall obtain and submit releases on City- approved forms for any payment made to Subcontractors and suppliers.
Replace Reserved in Section 9-1.16I with:
9-1.16I City’s Right to Disburse Progress and Final Payments by Joint Check or Direct Payments
The City has the right to request written evidence from the Contractor that the Contractor has properly paid Subcontractors and material and equipment suppliers amounts paid by the City to the Contractor for subcontracted Work. If the Contractor fails to furnish such evidence within seven (7) days, the City shall have the right to contact Subcontractors and suppliers to ascertain whether they have been properly paid. The City shall not have an obligation to pay or to see to the payment of money to a Subcontractor, except as may otherwise be required by law. The City may, in its sole discretion, issue joint checks to the Contractor and its Subcontractors of any tier and material suppliers or to make payments directly to such Subcontractor or supplier in satis faction of City’s obligation to make progress payments or the final payment due hereunder.
Add to the end of section 9-1.17B:
9-1.17B(1) Affidavit of Final Completion and Final Payment The Contractor shall, upon completion of the Work and final cleaning up, submit to the City a sworn Affidavit of Final Completion on a form provided by the Engineer. Properly submitted Claims in stated amounts may be excluded by the Contractor from the operation of the release if the Claims have not yet been resolved. Within thirty (30) calendar days after receipt of the Affidavit of Completion, the Engineer will inspect the Work and will either (1) reject the requested Affidavit of Final Completion, specif ying the defective and/or uncompleted portions of the Work, or (2) accept the Affidavit of Final Completion and submit a request to the City Council for final acceptance of the Work.
9-1.17B(2) Rejection and Revision
If the City rejects the Affidavit of Final Completion, specifying defective and/or uncompleted portions of the Work, the Contractor shall promptly remedy the defective and/or uncompleted portions of the Work. Thereafter, the Contractor shall give the City a revised Affidavit of Final Completion with a new date based on when the defective and/or uncompleted portions of the Work were corrected. The foregoing procedure shall apply successively thereafter until the City accepts Contractor’s Affidavit of Final Completion.
9-1.17B(3) Documentation
In addition to the requirements for final payment set forth in the other Contract Documents, the final payment shall not become due until at least sixty (60) calendar days after: (i) Contractor has fully performed the Contract, including all punch list wor k; and (ii) Contractor has submitted to the City:
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SAN JOSE CREEK MULITPURPOSE PATH – NORTHERN AND SOUTHERN SEGEMENTS CITY PROJECT NO. 9006, FEDERAL AID PROJECT BRLS-5481(022) SP-92
1. A full, complete and proper Final Application for Payment showing the proposed total amount due the Contractor, segregated as to Contract quantities, changes in the Work, and other basis for payments; deductions made or to be made for prior payments; amounts to be retained; any Claims the Contractor intends to file at that time or a statement that no Claims will be filed; and any unsettled Claims, stating amounts;
2. Written consent of surety(ies) to partial/full release of retention/final payment;
3. Contractor’s written assurance that identified corrective work not complete and accepted will be completed by a stated date agreeable to the City;
4. The required As-Builts (in reproducible format);
5. Reasonable proof that taxes, fees and similar obligations of Contractor have been paid;
6. Documentation that Contractor has inspected, tested, and adjusted performance of every system or facility of the Work to ensure that overall performance is in compliance with terms of the Contract Documents;
7. Reasonable proof that Contractor has discontinued and removed temporary facilities and services from the Site, along with construction tools and facilities, forms, and similar items except for Contractor’s field office;
8. Reasonable proof that Contractor has provided instruction for the City’s operating personnel on systems and equipment operational requirements;
9. A report on performance of completed installations after adjustment that appear unable to comply with the requirements of the Contract Documents;
10. The operating manuals for operating and maintaining the Work; and
11. Four (4) copies of all warranties from vendors and Subcontractors, operation and maintenance manuals, instructions and related agreements, equipment certifications and similar documents, and maintenance and operating instructions.
The Engineer reserves the right to not require any of the above submittals which the Engineer determines, in his/her sole discretion, is not applicable to a particular project.
9-1.17B(4) Disbursement of Final Payment
Pursuant to California Public Contract Code section 7107, if there is any dispute between the City and the Contractor at the time that disbursement of the final payment is due, the City may withhold from disbursement of the final payment an amount not to exceed one hundred fifty percent (150%) of the amount in dispute.
9-1.17B(5) No Waiver of Claims by City
The making of final payment shall not constitute a waiver of any Claims by the City including, but not limited to:
1. unsettled stop payment notices;
2. faulty or defective Work;
3. failure of the Work to comply with the requirements of the Contract Documents;
4. terms of special warranties required by the Contract Documents; or
5. any other cause, unless specifically waived by the City in writing.
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SAN JOSE CREEK MULITPURPOSE PATH – NORTHERN AND SOUTHERN SEGEMENTS CITY PROJECT NO. 9006, FEDERAL AID PROJECT BRLS-5481(022) SP-93
9-1.17B(6) WAIVER OF CLAIMS BY CONTRACTOR, SUBCONTRACTORS, AND
SUPPLIERS
Acceptance of final payment by the Contractor, a Subcontractor, or a material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment.
Add to Section 9-1.17D(1):
The Con
tractor shall submit Form CC4: Final Release Form. This form must accompany all requests for final payment (see Appendix K).
D
elete section 9-1.22:
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
DIVISION II GENERAL CONSTRUCTION
10 GENERAL
Replaced Reserved section 10-1.02A with:
The Contractor’s attention is directed to Section 8-1.05 TIME of these special provisions for the number of days allowed for this work.
The first order of work shall be for the Contractor to contact Underground Service Alert (U.S.A.) and to verify the location of all utilities in the vicinity of the work.
Instream work must not be started until June 1, 2026.
All vegetation for all projects shall be cleared once clearing and grubbing has begun.
Clearing and grubbing for both segments must be completed prior February 1, 2026.
Attention is directed to Section 5- 1.36C(3) NONHIGHWAY FACILITY REARRANGEMENT for utility work, Sections 8 -1.11 UTILITY AND NON- HIGHWAY WORK and 19-1.01A(1) POTHOLE UTILITIES of these special provisions.
Attention is directed S ection 14 -1.02 ENVIRONMENTALLY SENSITIVE AREA and Section 16 -2.03 TEMPORARY HIGH -VISIBILITY FENCES of these state standard specifications. Prior to beginning work, the boundaries of the Environmentally Sensitive Areas (ESA) shall be clearly delineated in the field by a qualified biologist, retained by the City who shall be present during the installation of fencing. The boundaries shall be delineated by the installation of temporary high-visibility fence by the Contractor.
The Contractor shall prepare a traffic control plan that conforms to Section 12, CONSTRUCTION AREA TRAFFIC CONTROL DEVICES , of the City of Goleta Design and Construction Standards, the California MUTCD and as described within these Special Provisions prior to construction of each location. The traffic control plan shall include 465
SAN JOSE CREEK MULITPURPOSE PATH – NORTHERN AND SOUTHERN SEGEMENTS CITY PROJECT NO. 9006, FEDERAL AID PROJECT BRLS-5481(022) SP-94
details regarding traffic signal operations to be approved by the City of Goleta Traffic Department.
Attention is directed to "Maintaining Traffic" and "Temporary Pavement Delineation" of these special provisions and to the stage construction sheets of the plans.
Attention is directed to "Progress Schedule (Critical Path Method)" of these special provisions regarding the submittal of a general time- scaled logic diagram within 10 days after approval of the contract. The diagram shall be submitted prior to performing any work that may be affected by any proposed deviations to the construction staging of the project.
The work shall be performed in conformance with the phases and stages of construction shown on the plans. Non- conflicting work in subsequent stages may proceed concurrently with work in preceding stages, provided satisfactory progress is maintained in the preceding stages of construction and with Engineer’s written approval.
In each stage, after completion of the preceding stage, the first order of work shall be the removal of existing pavement delineation as directed by the Engineer. Pavement delineation removal shall be coordinated with new delineation so that lane lines ar e provided at all times on traveled ways open to public traffic.
Before obliterating any pavement delineation (traffic stripes, pavement markings, and pavement markers) that is to be replaced on the same alignment and location, as determined by the Engineer, the pavement delineation shall be referenced by the Contractor, with a sufficient number of control points to reestablish the alignment and location of the new pavement delineation. The references shall include the limits or changes in striping pattern, including one- and 2-way barrier lines, limit lines, crosswalks and other pavement markings. Full compensation for referencing existing pavement delineation shall be considered as included in the contract prices paid for new pavement delineation and no additional compensation will be allowed therefor.
At the end of each working day if a difference in excess of 2 inches exists between the elevation of the existing pavement and the elevation of excavations within 5 feet of the traveled way, material shall be placed and compacted against the vertical cuts adjacent to the traveled way. During excavation operations, native material may be used for this purpose; however, once placing of the structural section commences, structural material shall be used. The material shall be placed to the level of the elevation of the top of existing pavement and tapered at a slope of 4:1 (horizontal:vertical) or flatter to the bottom of the excavation. Treated base shall not be used for the taper. Full compensation for placing the material on a 4:1 slope, regardless of the number of times the material is required, and subsequent removing or reshaping of the material to the lines and grades shown on the plans shall be considered as included in the contract price paid for the materials involved and no additional compensation will be allowed therefor. No payment will be made for material placed in excess of that required for the structural section. 466
SAN JOSE CREEK MULITPURPOSE PATH – NORTHERN AND SOUTHERN SEGEMENTS CITY PROJECT NO. 9006, FEDERAL AID PROJECT BRLS-5481(022) SP-95
At those locations exposed to public traffic where guard railings or barriers are to be constructed, reconstructed, or removed and replaced, the Contractor shall schedule operations so that at the end of each working day there shall be no post holes open n or shall there be any railing or barrier posts installed without the blocks and rail elements assembled and mounted thereon.
Add to the end of section 10-1.02B:
The new loops shall be placed between lifts of the new HMA sections; cutting into the final lift of the new HMA is not permitted.
Add to the end of section 10-1.02C(2):
Protect any irrigation component to be relocated before performing any other construction activity in the area.
Add to the beginning of section 10-1.02E:
Construct the new pavement structure adjacent to the existing traveled way by successively excavating, preparing subgrade, placing base materials, and paving.
Perform these activities concurrently after the Contractor starts paving. Excavation within 8 feet of the existing traveled way must not precede the paving operation by more than 2 working days unless:
1. Authorized
2. Material is placed and compacted against the vertical cuts within 8 feet of the existing traveled way. During excavation, the Contractor may use native material for this purpose except the Contractor must use structural material once the Contractor start placing the pavement structure. Place the material to the top of the existing pavement and taper at a slope of 4:1 (horizontal:vertical) or flatter to the bottom of the excavation. Do not use treated base for the taper.
In San Jose Creek, the Contractor may work within channel only from June 1 to October 31 of any year. Vegetation may be cut outside this period, to minimize impacts on nesting birds. If measurable rain is predicted within 48 hours during construction, all activities shall cease until storm flows have returned to pre- storm conditions, and prot ective measures to prevent siltation or erosion are implemented/maintained.
Replace section 10-1.05 with:
10-1.05 FURNISH FIELD OFFICE
This work shall consist of furnishing, installing, maintaining, and removing a field office and associated services for the exclusive use of the Engineer.
The Contractor shall provide the office beginning 14 days before project work begins and ending 21 days after final acceptance. Facilities remain the property of the Contractor upon completion of the contract. The Contractor shall perform all site work to set up and remove the office. Provide weatherproof buildings or trailers in good condition. Facilities and their location are subject to approval and must be located within 2 miles of the project site.
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SAN JOSE CREEK MULITPURPOSE PATH – NORTHERN AND SOUTHERN SEGEMENTS CITY PROJECT NO. 9006, FEDERAL AID PROJECT BRLS-5481(022) SP-96
The field office shall be safe, sanitary and include the appropriate electrical service, potable water supply, toilet accommodations and waste disposal services. The Contractor shall pay monthly utility bills (electricity, sewer, refuse, phone and water) promptly. The Contractor shall pay the cost for all connection and disconnection fees for electricity, phone, water service, sanitary service, fax and high- speed internet, as applies. The Contractor shall conform to all applicable ordinances, safety codes, and regulations.
The Contractor shall supply a field office with the following minimum requirements:
1. 800 square feet floor space, with separate room for the Resident Engineer’s office
2. Locking outside door, deadbolt with keys
3. Alarm system with 24 hours monitoring service
4. ADA compliant access
6. Windows with locks, total area 25 square feet
7. Minimum 7-foot ceiling height
8. 12 square feet of shelf space, minimum 12” depth
9. Electrical lighting
10. Heat and air conditioning able to maintain 72 degrees Fahrenheit
11. Adequate electrical outlets and surge protectors
12. Adequate electricity (120-volt, 60 cycle)
13. Adequate potable water supply
14. Adequate sanitary facilities
15. Parking for 4 vehicles (min)
16. Janitorial services
The Contractor shall furnish the office at a minimum with the following:
1. 2 Tables 30” wide 8’ long x 30” high
2. 1 File cabinet, 4-drawer, fire resistant metal with lock and keys
3. 3 Desk, 12 square feet minimum each
4. 3 Desk lamps
5. 4 Office chairs and 10 folding chairs
6. 1 5 shelf Bookcase, 3’ wide x 1’ deep x 6’ high minimum
7. 1 Fire extinguisher
8. 1 Refrigerator, 10 cubic feet
9. 1 Microwave Oven
10. 1 fully serviced Copy Machine (with color, 11x17, scanning and email capabilities), with necessary paper, toner and ink cartridges
11. 1 commercial grade First Aid Kit
12. High speed internet, with secured “wifi” connectivity and router
The field office shall be reasonably secure. The field office may be located within the project storage area if it is similarly secured.
All equipment furnished must be of standard quality and like new. 468
SAN JOSE CREEK MULITPURPOSE PATH – NORTHERN AND SOUTHERN SEGEMENTS CITY PROJECT NO. 9006, FEDERAL AID PROJECT BRLS-5481(022) SP-97
The field office and related facilities must be supplied and maintained by the Contractor throughout the construction period; including sewage holding tank, copy machine, and drinking water, and must be removed from the project site when, and as, directed.
Full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in furnishing, installing, maintaining and removing a field office for the Engineer, complete in place, as specified in these special provisions, and as directed by the Engineer is included in the allowance paid for furnish field office and no additional compensation will be allowed therefor.
Payments for furnish field office will be made as follows:
1. A prorated portion of the bid price based on working days elapsed, up to 75 percent of the contract item for furnish field office will be included in the monthly progress estimate.
Add to the 3rd pa
ragraph of section 10-6:
Nonpotable water must not be stream
water.^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
12 TEMPORARY TRAFFIC CONTROL
Replace section 12-3.11B(5)(a) with:
Provide t
wo C48(CA) construction project funding identification signs.
Add the following funding partner agency pictographs:
Partner funding agency Height dimension of pictograph with notes
Federal Highway Administration
(FHWA) logo
8 inches high, including text around logo
California Department of Transportation
(Caltrans) logo
8 inches high, including Caltrans text
Replace item 3 in the list in the 1st paragraph of section 12-3.20A(4)(a) of the RSS for section 12 with:
3. Comply with the approved manufacturer's drawings located on the Department's Division of Safety website and the manufacturer's installations instructions. The website is found at https://dot.ca.gov/programs/safety-programs/mash
Add to the table in the 2nd paragraph of section 12-3.20C(1) of the RSS for section 12:
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SAN JOSE CREEK MULITPURPOSE PATH – NORTHERN AND SOUTHERN SEGEMENTS CITY PROJECT NO. 9006, FEDERAL AID PROJECT BRLS-5481(022) SP-98
12'-9" temporary
steel barrier
Staked at 30
feet
maximum
1 2 4 5
Staked at 158
feet
maximum
6 7 10 10
Add to the beginning of the 10th paragraph of section 12-3.20C(1) of the RSS for section 12:
Remove temporary barrier systems when no longer required for the work.
Add to section 12-3.20C(1) of the RSS for section 12:
Stake down or anchor a minimum of 20 feet of temporary concrete barrier at the ends of the barrier run. For Type K temporary railing, place 4 stakes/anchors, and for temporary concrete barrier with "J" hooks, place a minimum of 6 stakes/anchors. For temporary steel barriers, follow manufacturer's requirements for end segment staking.
Place a minimum 60 feet of temporary barrier system in the approach zone before the work zone on facilities with a posted speed of 45 mph or less or place a minimum 100 feet of temporary barrier system in the approach zone before the work zone with a posted speed greater than 45 mph.
Offset the approach end of a temporary barrier system a minimum of 15 feet from the edge of an open traffic lane, use the offset rate in the table below:
Temporary Barrier System Offset Rate
Posted speed (mph) Ratea
0 to 45 10:1
46 to 60 15:1
61 to 70 20:1
a Rate is longitudinally to transversely with respect to the edge of the traveled way.
If the 15-foot minimum offset cannot be achieved, offset the temporary barrier the maximum distance available and install an array of temporary crash cushion modules or an authorized temporary crash cushion system at the approach end of the barrier system.
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SAN JOSE CREEK MULITPURPOSE PATH – NORTHERN AND SOUTHERN SEGEMENTS CITY PROJECT NO. 9006, FEDERAL AID PROJECT BRLS-5481(022) SP-99
Replace section 12-3.20C(3)(c) of the RSS for section 12 with:
12-3.20C(3)(c) 12'-9" Temporary Steel Barrier
Install a minimum of 260 feet of 12'-9" temporary steel barrier.
Place temporary barrier system on asphalt concrete surface. The asphalt concrete surface must have a minimum of 6 inches of asphalt concrete over a minimum of 6 inches of compacted base. Do not place the system on concrete or earth surface.
Stake down the first and last segment of the temporary steel barrier system.
Maintain a minimum radius of 775 feet for segments placed on a curved layout.
Maintain a minimum 2-foot set back distance on both sides of a temporary barrier system used with traffic on both sides of the barrier.
Install temporary barrier system under the approved manufacturer's instructions except you may use any approved temporary crash cushion.
Add to the beginning of section 12-3.32C:
Place PCMSs at the locations shown and in advance of the 1st warning sign for each:
1. Stationary lane closure
2. O ff-ramp closure
3. Connector closure
4. Shoulder closure
5. Speed reduction zone
Add between the 9th and 10th paragraphs of section 12-3.32C:
Start displaying the message on the sign 15 minutes before closing the lane or shoulder or when directed by the Engineer.
Add to section 12-4.02A(2):
special days: Martin Luther King Jr. day, Cesar Chavez Day, UCSB Graduation Weekend, UCSB Move-In Week.
Add between the 1st and 2nd paragraphs of section 12-4.02A(3)(c):
Submit a contingency plan for each of the following activities:
1. Activity requiring complete roadway closure
2. Culvert Work
3. HMA Paving
4. Striping
Add to the end of section 12-4.02C(1):
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SAN JOSE CREEK MULITPURPOSE PATH – NORTHERN AND SOUTHERN SEGEMENTS CITY PROJECT NO. 9006, FEDERAL AID PROJECT BRLS-5481(022) SP-100
Keep the full width of the traveled way open to traffic when no active construction activities are occurring in the traveled way or within 6 feet of the traveled way.
Keep the full width of the ramp traveled way open for use by traffic on designated holidays.
Add to the end of section 12-4.02C(3)(a):
If work vehicles or equipment is parked on the shoulder within 6 feet of a traffic lane of a freeway or expressway, close the shoulder area as shown.
Replace Reserved in section 12-4.02C(3)(f) with:
Closure restrictions for designated holidays and special days are shown in the following table:
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SAN JOSE CREEK MULITPURPOSE PATH – NORTHERN AND SOUTHERN SEGEMENTS CITY PROJECT NO. 9006, FEDERAL AID PROJECT BRLS-5481(022) SP-101
Lane Closure Restrictions For Designated Holidays And Special Days Thu Fri Sat Sun Mon Tues Wed Thu Fri Sat Sun Mon
x
H
xx
xx
xx
xxx
SD
xx
x
xx
H
xx
xx
xxx
SD
xx
xx
xx
H
xx
xx
xxx
SD
xx
x
xx
xx
xx
H
xx
xxx
SD
xx
xxx
xx
H
xx
xxx
SD
xx
xx
H
xx
xxx
SD
xx
x
H
xx
xxx
x
xx
H*
xx
xx
xx
xx
xxx
SD
xx
Legend:
Refer to lane requirement charts.
x The full width of the traveled way must be open for use by traffic after 1200.
xx The full width of the traveled way must be open for use by traffic. xxx The full width of the traveled way must be open for use by traffic until 0800.
H Designated holiday
H* Thanksgiving Holiday-The full width of the traveled way must be open for use by traffic between Tuesday at 1200 until the following Monday at 0800.
SD Special day
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SAN JOSE CREEK MULITPURPOSE PATH – NORTHERN AND SOUTHERN SEGEMENTS CITY PROJECT NO. 9006, FEDERAL AID PROJECT BRLS-5481(022) SP-102
Replace section 12-4.02C(3)(g) with:
12-4.02C(3)(g) Freeway or Expressway Lane Requirement Charts Freeway lane closures must comply with the requirements shown in the following charts:
Chart No. G1
Freeway Lane Requirements
County: Santa Barbara Route/Direction: SR 217 /
EB & WB
Post Mile: 0.88 to 2.23
Closure limits: Sandspit Rd EB Off-Ramp to Hollister Ave UC 51-160 Hour 00 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Mon–
Thu
S S S S S S S S S S S S S S S S S S S S S S S S
Fri S S S S S S S S S S S S S S S S S S S S S S S S
Sat S S S S S S S S S S S S S S S S S S S S S S S S
Sun S S S S S S S S S S S S S S S S S S S S S S S S
Legend:
S Shoulder closure is allowed (right / left).
REMARKS:
EA: 05-1K630
Date: 7/7/2023 (RDB) Chart valid for one year prior to advertisement.
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SAN JOSE CREEK MULITPURPOSE PATH – NORTHERN AND SOUTHERN SEGEMENTS CITY PROJECT NO. 9006, FEDERAL AID PROJECT BRLS-5481(022) SP-103
Chart No. G2
Freeway Lane Requirements
County: Santa Barbara Route/Direction: SR 217 /
EB & WB
Post Mile: 0.88 to 2.23
Closure limits: Sandspit Rd EB Off-Ramp to Hollister Ave UC 51-160 Hour 00 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Mon–
Thu
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
Fri 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
Sat 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
Sun 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
Legend:
1 Provide at least 1 through freeway lane open in the direction of travel.
REMARKS:
1. 24/7 closure is limited to a maximum duration of 220 calendar days.
EA: 05-1K630
Date: 7/7/2023 (RDB) Chart valid for one year prior to advertisement.
Replace the 1st paragraph of section 12-4.02C(7)(a) with:
Control traffic using stationary closures, except you may use a moving closure during traffic striping and pavement marker placement using a bituminous adhesive. Do not use a moving lane closure when grinding for recessed striping and recessed markers.
Add to the end of section 12-4.02C(7)(b):
Except for one-way-reversing traffic-control lane closures, the maximum length of the work area inside a closure is 1.1 miles.
Not more than 1 stationary closureis allowed in each direction of travel at one time.
For a stationary one-way-reversing traffic-control lane closure on City street, you may stop traffic in 1 direction for periods not to exceed 10 minutes. After each stoppage, all accumulated traffic for that direction must pass through the work zone before another stoppage is made. One-way-reversing traffic-control is not allowed on freeway.
The maximum length of a single stationary one-way-reversing traffic-control lane closure on City street is 1 mile between flaggers. One-way-reversing traffic-control is not allowed on freeway.
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SAN JOSE CREEK MULITPURPOSE PATH – NORTHERN AND SOUTHERN SEGEMENTS CITY PROJECT NO. 9006, FEDERAL AID PROJECT BRLS-5481(022) SP-104
Not more than 1 stationary one-way-reversing traffic-control lane closures on City street will be allowed at one time. One-way-reversing traffic-control is not allowed on freeway.
Add to section 12-4.02C(7)(b):
Provide a stationary impact attenuator vehicle for:
1. Pavement marking
2. Traffic control placement and removal
For a traffic control system with multiple work areas, place a stationary impact attenuator at each work area with a separation distance of at least 500 feet from the adjacent work area.
Add to the end of section 12-4.02C(8)(a):
For a complete freeway closure, install the closure signs at least 7 days before closing the freeway. Notify the Engineer at least 5 business days before installing the signs. If the freeway is not closed on the posted day, change the closure to allow for a 3- business-day advance notice before closure.
Replace section 12-4.02C(12) with:
12-4.02C(12) Construction Work Zone Speed Limit Reduction 12-4.02C(12)(a) General
Section 12-4.02C(12) includes specifications for providing, installing, maintaining, and removing traffic control devices for reducing the speed limit for the construction work zones.
Speed limit reduction is limited to 10 mph from the posted speed limit in construction work zones unless a greater speed limit reduction is specified. Construction work zone speed limit reduction can either be required when construction activities are active in a closure as a temporary condition or 24 hours a day, 7 days a week based on the roadway conditions when specified.
Speed limit reduction for Route 217 is to be reduced from 65 mph to 45 mph. Place traffic control devices as shown for multiple speed limit reduction steps within traffic control system. Speed limits can be stepped down in 5 or 10 mph increments.
Temporary construction work zone speed limit reduction is required for lane closures when construction activities require workers to be present within the lane closures.
Construction work zone speed limit reduction is not required for short duration closures of 1 hour or less or when the length of lane closure is 1/2 mile or less.
Temporary construction work zone speed limit reduction is required when construction activities require lane closures for the locations shown in the following table:
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SAN JOSE CREEK MULITPURPOSE PATH – NORTHERN AND SOUTHERN SEGEMENTS CITY PROJECT NO. 9006, FEDERAL AID PROJECT BRLS-5481(022) SP-105
Lane requirement chart
no.
G2
Construction work zone speed limit reduction is required 24 hours a day, 7 days a week when construction activities affect the roadway around the clock 24 hours a day, 7 days a week as shown on the traffic handling plans.
Construction work zone speed limit reduction is required 24 hours a day 7 days a week at the following locations when the roadway conditions listed are in effect because of construction activities:
Construction Work Zone Speed Limit Reduction 24 Hours A Day 7 Days A Week Location
no.
Route Begin
postmile/station
End
postmile/station
Roadway
condition
1 217 1.0 2.2 Temp. Pavement
For divided highways, the construction speed limit reduction zone for 24 hours a day, 7 days a week applies only to the direction of travel where the roadway conditions require lower vehicle speeds.
12-4.02C(12)(b) Materials
For construction work zone speed limit reduction for 24 hours a day, 7 days a week, construction area signs must comply with the requirements for stationary-mounted signs in section 12-3.11. When the duration of construction work zone speed limit reduction for 24 hours a day, 7 days a week is 7 days or less, you may use portable signs that comply with the requirements for portable signs in section 12-3.11.
For temporary construction work zone speed limit reduction, signs must comply with the requirements for portable signs in section 12-3.11.
The PCMS must comply with section 12-3.32.
Radar feedback sign LED displays must have LED:
1. Character of at least 18 inches in height for freeways and expressways
2. Character of at least 14 inches in height for conventional highways
3. Character's width-to-height ratio from 0.7 to 1.0
4. Character's stroke width-to-height ratio of 0.2
Portable radar speed feedback sign must comply with section 12-3.37.
Portable radar speed feedback sign trailers must have a minimum of 9 cones placed on a taper in advance of the device and along the edge of shoulder or edge of the traveled way at 25-foot intervals to a point not less than 25 feet past the device.
Temporary radar speed feedback sign system must comply with the specifications for:
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SAN JOSE CREEK MULITPURPOSE PATH – NORTHERN AND SOUTHERN SEGEMENTS CITY PROJECT NO. 9006, FEDERAL AID PROJECT BRLS-5481(022) SP-106
1. Temporary electrical system in section 87-20
2. Radar speed feedback sign system in section 87-14 except the LED character display must remain blank when no vehicles are detected or when the detected vehicle speed is 10 miles or less than the pre-set speed
12-4.02C(12)(c) Construction
Advise motorists of construction work zone speed limit reductions starting 14 days in advance of implementing the speed limit reduction using a PCMS displaying the alternating messages Reduced Speed and Starting XX/XX/XX (Date).
When construction work zone speed limit reduction is in effect, the PCMS message must be XX ZONE AHEAD and WILL BE ENFORCED. Mount a 48-by-48-inch W3-5 XX "SPEED LIMIT" ahead symbol sign on the PCMS trailer.
Cover all existing speed limit signs while the construction work zone speed limit reduction is in effect. Remove covers when construction work zone speed limit reduction is no longer in effect. For construction work zone speed limit reduction for 24 hours a day, 7 days a week, you may remove the existing speed limit signs and replace the signs when the construction activities that required the 24 hours a day, 7 days a week speed limit reduction are completed.
For construction work zone speed limit reduction for 24 hours a day, 7 days a week, install temporary radar speed feedback systems. In addition to the temporary radar speed feedback system shown, place a portable radar speed feedback system 400 feet upstream of active work areas. Portable radar speed feedback system must include a R2-1 sign with G20-5aP "WORK ZONE" plaque.
For temporary construction work zone speed limit reduction for lane closures, install portable radar speed feedback system as shown. In addition to the portable radar speed feedback system shown, place a portable radar speed feedback system 400 feet upstream of active work areas. The portable radar speed feedback system must include a R2-1 sign with G20-5aP "WORK ZONE" plaque.
For on-ramps within the limits of a construction work zone speed limit reduction, place R2-1 signs with G20-5aP "WORK ZONE" plaque within 500 feet of entrance ramps. You may use the strap and saddle method for mounting these sign panels on the entrance ramp lighting standard at the merge point.
For freeway to freeway connector ramps, install signs and devices as shown for construction work zone speed limit reduction.
For expressways, place a R2-1 sign with G20-5aP "WORK ZONE" plaque approximately 500 feet downstream from intersections within the limits of a construction work zone speed limit reduction.
For conventional highways, place a R2-1 sign with G20-5aP "WORK ZONE" plaque approximately 500 feet downstream from major intersections within the limits of a construction work zone speed limit reduction.
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SAN JOSE CREEK MULITPURPOSE PATH – NORTHERN AND SOUTHERN SEGEMENTS CITY PROJECT NO. 9006, FEDERAL AID PROJECT BRLS-5481(022) SP-107
Within the limits of a construction work zone speed limit reduction, place intermediate R2-1 signs with G20-5aP "WORK ZONE" plaque at intervals not exceeding three miles.
You may use variable speed limit signs where R2-1 signs are described.
For chip seal projects, place construction work zone speed limit reduction signs and devices as shown except place additional intermediate signs, W8-7 "LOOSE GRAVEL" sign, and a W13-1 (35) plaque every 2000 feet.
For construction work zone speed limit reduction for 24 hours a day, 7 days a week, install advisory warning signs 48-by-48-inch C46 CA) UNEVEN PAVEMENT as directed by Engineer.
12-4.02C(12)(d) Payment
For construction work zone speed limit reduction for 24 hours a day, 7 days a week, signs are paid for as construction area signs, PCMS is paid for as portable changeable message sign, temporary radar speed feedback sign is paid for as temporary radar speed feedback sign system, and portable radar speed feedback sign is paid for as portable radar speed feedback sign systems. Covering and removing covers of existing speed limit signs are included in the price paid for construction area signs.
For construction work zone speed limit reduction only during lane closures, signs are included in the bid item for traffic control system, PCMS is paid for as portable changeable message sign, and portable radar speed feedback sign is paid for as portable radar speed feedback sign systems. Covering and uncovering existing speed limit signs for each lane closure are included in the price paid for traffic control system.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
13 WATER POLLUTION CONTROL
Add to the end of section 13-1.01A:
The specifications in section 13 for water quality monitoring apply to the following work activities whenever they occur in water:
1. Dewatering operations with a discharge to a natural water course via existing vegetated areas and swales, where the discharge to a natural water course is permitted by the Regional Water Quality Control Board.
The receiving waters f
or this project are listed in the following table:
Receiving Waters Location
San Jose Creek Parallel to SR 217 east of Bridge No. 51- 0362
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SAN JOSE CREEK MULITPURPOSE PATH – NORTHERN AND SOUTHERN SEGEMENTS CITY PROJECT NO. 9006, FEDERAL AID PROJECT BRLS-5481(022) SP-108
San Pedro Creek Northwest of Bridge No. 51-0362
Atascadero Creek South of Bridge No. 51-0362
Goleta Slough/Estuary Southeast of Bridge No. 51-0362
Add to the end of section 13-3.01A:
This project's risk level is 2.
The City of Goleta has developed a draft site specific SWPPP for this project. The WDID number is WDID# 3 42C401838. The contractor can view the projects SWPPP on the Regional Water Quality Control Board’s (Board) web site at https://smarts.waterboards.ca.gov/smarts/faces/SwPublicUserMenu.xhtml
It will be the responsibility of the Contractor’s Qualified SWPPP Developer (QSD) to complete and finalize the SWPPP. Submit the SWPPP with the Contract for review and approval. The City will upload and pay for the approved SWPPP electronically to the State Water Resources Control Board through the Storm Water Multiple Application & Report Tracking System (SMARTS) along with other required Permit Registration Documents including Risk Level Determination and Site Maps before the commencement of construction activities.
Implement, amend, and submit the SWPPP per the specifications.
The Contractor must implement and maintain, for the entire construction period, the project site-specific Storm Water Pollution Prevention Plan (SWPPP) as submitted to the “SMARTS” website which addresses measures to minimize and control construction and post-construction storm water runoff.
When Milestone completion of the entire Project is achieved the Contractor shall prepare necessary documentation to allow the Owner to file a Notice of Termination (NOT) for the General Permit for Construction with the Regional Water Quality Control Board and applicable Governmental Agency. The NOT will document that all elements of the SWPPP have been executed, construction materials and waste have been properly disposed of, and a post-construction storm water management plan is in place as described in the SWPPP for the site.
Sampling and analysis shall be completed by the Contractor as specified in the SWPPP and the Standard Specifications and these Special Provisions.
The Contractor must comply with Goleta Municipal Code Chapter 17.34 “Water Efficient Landscaping Ordinance” including but not limited to:
a. Submit a landscape plan whenever new or rehabilitated landscaping is required, pursuant to Section 17.34.020 of the Goleta Municipal Code. The Plan must 480
SAN JOSE CREEK MULITPURPOSE PATH – NORTHERN AND SOUTHERN SEGEMENTS CITY PROJECT NO. 9006, FEDERAL AID PROJECT BRLS-5481(022) SP-109
contain all required elements of State and City’s Water Efficient Landscaping Ordinance (WELO).—2 weeks prior to construction
Ther Contractor must comply with the Clean Water Act, and related Porter Cologne Act, National Pollutant Discharge and Elimination System permit (NPDES) requirements, Central Coast Post Construction Requirements (PCRs) and Goleta Municipal Code Section
13.04. This includes the following deliverables:
a. Registration with SMARTS and submittal of a Stormwater Pollution Prevention Plan (SWPPP) for applicable projects (as defined in the CGP; generally, projects that disturb 1 acre or more). —1 month prior to construction I f a SWPPP is not required, then submittal of an Erosion and Sediment Control Plan—1 week prior to construction.
b. Submittal of a stormwater control plan ( SWCP) for applicable projects (as defined in the PCRs; generally projects that add or replace =>2,500 sq.f of impervious surface)—1 month prior to construction
c. S ubmittal of an Operation and Maintenance ( O&M) Plan for applicable projects with Stormwater Structural Control Measures (as defined in the PCRs; generally for projects that add or replace =>5,000 sq.ft of impervious surface)—1 month prior to construction
O
&M plan should include a cost estimate for ongoing maintenance d. Submittal of the City’s stormwater data sheet—1 month prior to construction e. Updates to the SWCP and stormwater plan record drawings to reflect final conditions—2 weeks prior to project closeout
Add between the 4th and 5th paragraphs of section 13-3.01C(2)(a):
The following RWQCBs will review the authorized SWPPP:
1. Region 3 – Central Coast
Add to the end of Section 13-3.01D(2):
Discharges of stormwater from the job site must comply with the permit issued by the Central Coast RWQCB for National Pollutant Discharge Elimination System (NPDES) Permit, Permit Order No 2009-0009-DWQ amended by 2010-0014-DWQ & 2012-0006 DWQCAS000002. The RWQCB permit governs stormwater and nonstormwater discharges resulting from construction activities at the job site.
Add after the 1st paragraph of section 13-4.01C with:
If dewatering operations with discharge to a natural water course are necessary, submit a detailed dewatering plan 30 days before implementation of dewatering activities. 481
SAN JOSE CREEK MULITPURPOSE PATH – NORTHERN AND SOUTHERN SEGEMENTS CITY PROJECT NO. 9006, FEDERAL AID PROJECT BRLS-5481(022) SP-110
If necessary, dewatering must comply with Section 401 Water Quality Certification No 34223WQ33.
Add to the end of Section 13-4.03A:
City Policy
The construction site shall be inspected in accordance with the project SWPPP and the Construction General Permit (CGP). The City’s QSP or Engineer and the Contractor’s QSP shall coordinate efforts to comply with the project SWPPP and CGP. If the City QSP or Engineer determines that there are deficiencies that need attention, the Contractor shall make all the necessary changes within 12 hours. If the Contractor does not complete these changes within the 12-hour period the Contractor will be charged $500 per hour until the necessary changes are addressed completely in place to the satisfaction of the City QSP or Engineer. Any fines and costs associated with an impending Notice of Violation or issuance thereof, issued by the governing Regional Water Quality Control Board that the City incurs from the Regional Water Quality Control Board will be passed on the Contractor, including administration time the Inspector and Resident Engineers uses for this task.
Add to the end of Section 13-4.03B(1):
The Contractor’s QSP shall implement the spill and leak prevention procedures plan when chemicals or hazardous substances are in use or are stored. The Contractor shall not be permitted to commence work in the creek area until this plan is reviewed and accepted by the City.
The Contractor’s QSP shall oversee and enforce proper spill prevention and control measures. Minor, semi-significant, and significant spills shall be reported to the Contractor's QSP who shall notify the City QSP immediately.
The Contractor shall prevent spills from entering storm water runoff before and during cleanup. Spills shall not be buried or washed with water.
The Contractor shall keep material or waste storage areas clean, well-organized, and equipped with enough cleanup supplies for the material being stored. Plastic shall be placed under paving equipment when not in use to catch drips.
Stationary equipment such as motors, pumps, generators, and welders, located within or adjacent to the stream/lake shall be positioned over drip pans.
Replace number “6” of the 1
st paragraph of Section 13-4.03B(4):
6. Notify other agencies as appropriate, including:
1. City of Goleta Fire Department,
2. City of Goleta Public Works Department,
3. State Department of Toxic Substances,
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SAN JOSE CREEK MULITPURPOSE PATH – NORTHERN AND SOUTHERN SEGEMENTS CITY PROJECT NO. 9006, FEDERAL AID PROJECT BRLS-5481(022) SP-111
4. State Department of Fish & Game,
5. Army Corps of Engineers,
6. National Marine Fishery Service,
7. Cal OSHA,
8. Regional Water Resources Control Board,
9. California Highway Patrol and Caltrans if within State Right of Way,
10. Department of Conservation, Division of Oil, Gas, and Geothermal Resources.
Add to Section 13-4.03G:
13-4.03G DEWATERING
In addition to section 13-4.03G Dewatering, the following shall be performed if groundwater is encountered:
DEWATERING GROUNDWATER FOR UTILITY WORK
The Contractor is advised that groundwater may be present in the proposed excavation depending on site location, soil conditions, and time of year. As necessary, the Contractor shall be responsible for controlling groundwater encountered during construction per the Standard Specifications, and these Special Provisions.
Groundwater shall be collected in temporary storage tanks for settling, filtration, and testing prior to discharge (this does not apply to groundwater encountered with the bridge and channel construction). The Contractor shall develop an excavation dewatering plan as specified herein and submit it to the City for review and approval.
The Contractor shall assume sole responsibility for:
1. Planning, design, installation, and operation of temporary groundwater dewatering systems and temporary surface water control systems. Water control systems designed and installed by the Contractor shall adequately protect existing property, foundations, and permanent structures.
2. Loss or damage resulting from partial or complete failure of operation of dewatering systems.
3. Repairing damage to adjacent properties, buildings, structures, utilities, and other work due to installation, settlement, or resultant damage caused by groundwater control operations.
4. Determining means and methods for disposing of water removed by dewatering systems. The Contractor shall abide by all discharge requirements as determined by the Goleta Sanitary District and/or the Regional Water Quality Control Board. If permit requirements specify water quality requirements that must be met before water can be disposed of, provide the necessary treatment facilities to achieve the specified water quality limits. Contractor shall not dewater to the sewer or storm drain system without an approved permit. The Contractor shall provide the necessary conveyance facilities to meet the required discharge volume within the permit requirements.
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SAN JOSE CREEK MULITPURPOSE PATH – NORTHERN AND SOUTHERN SEGEMENTS CITY PROJECT NO. 9006, FEDERAL AID PROJECT BRLS-5481(022) SP-112
5. Modifying groundwater control systems or operations if they cause or threaten to cause damage to new construction, existing site improvements, adjacent property, or adjacent water wells, or affect potentially contaminated areas.
Groundwater control systems may include single- stage or multiple- stage well point systems, sump pumps within excavations, shallow or deep wells, or combinations of these types of dewatering systems. Locate groundwater control and drainage systems so as not to interfere with utilities, construction operations, vehicular traffic, pedestrian traffic, adjacent properties, or adjacent water wells. Modify dewatering procedures which cause, or threaten to cause, damage to new or existing facilities, to prevent further damage.
Install settlement gauges, as necessary, to monitor the settlement of critical structures or facilities adjacent to areas of dewatering. Control the rate of dewatering to avoid all objectionable settlements and subsidence. Remove or abandon the dewatering system when it is no longer needed in accordance with regulatory stipulations indicated in this Section.
Groundwater was encountered in the pipe zones during geotechnical investigations performed for this project. Groundwater conditions can vary seasonally and perched groundwater may exist at any time. Contractor shall be responsible for controlling groundwater encountered during construction. Groundwater may be free-flowing into excavations or may be encountered in the form of saturated soil.
If dewatering is required, the Contractor shall design dewatering systems of sufficient scope, size, and capacity to accomplish the following results:
1. Control the flow of surface water into trench and structure excavations by grading, dikes, or other means.
2. Unless otherwise approved by the Engineer, lower groundwater levels a minimum of 24-inches below trench excavation and minimize infiltration of groundwater into trench and structure excavations.
3. Lower and maintain groundwater to a level of at least 24- inches below the lowest point of structure excavations.
4. Lower groundwater levels further when necessary to obtain the specified degree of compaction. Develop a substantially dry and stable subgrade for subsequent earthwork compaction and construction operations.
5. Prevent the loss of fines, seepage, boils, quick conditions, or softening of the foundation soils. Maintain the stability of the sides and bottoms of excavations.
The Contractor shall maintain dewatering operations to control and minimize erosion, to create stable sides and bottoms of excavations, to stabilize constructed slopes and to prevent settlement and damage to structures and utilities. Dewatering systems utilized shall collect and dispose of removed water. Water removed by dewatering systems cannot be discharged into the stormwater collection system which consists of pipes, catch basins, manholes and roadside drainage ditches, and channels. The Contractor shall 484
SAN JOSE CREEK MULITPURPOSE PATH – NORTHERN AND SOUTHERN SEGEMENTS CITY PROJECT NO. 9006, FEDERAL AID PROJECT BRLS-5481(022) SP-113
comply with the requirements of the City’s drainage requirements and with all laws and regulations for development, drilling, and abandonment of wells used in dewatering systems.
A minimum of six (6) weeks prior to beginning work requiring dewatering operations, the Contractor shall submit a groundwater control plan that will:
1. Illustrate the arrangement, locations, and details of the dewatering system, including wells and well points; dewatering pumps and piezometers; locations of headers, treatment systems, and discharge lines; standby equipment and power supply; silt removal, pollution control, and treatment facilities; and the means of conveyance, discharge and disposal of water.
2. Include a narrative report outlining the dewatering procedures and controls.
3. Include completed applications from all applicable regulatory agencies with authority to oversee the discharges to the separated drainage system. Permits shall be approved before discharge is allowed.
After approval of the Contractor’s groundwater control plan submittal and within two weeks of starting excavation activities, the Contractor shall install and run the dewatering system to achieve the required draw-down level below the bottom of the excavation. The Contractor shall verify the groundwater depth prior to starting excavation and provide confirmation to the Engineer that the groundwater level is at the level required below the bottom of the excavation. Upon verification of the groundwater to the specified limits, the excavation work may proceed as directed by the Engineer. The Contractor shall provide additional measures for draw-down of groundwater if the required level is not met within the 2- week dewatering draw -down period. Dewatering systems shall maintain the required groundwater levels throughout the prosecution of the Work until the time that the final backfill has been placed to a point higher than the static groundwater level.
Contractor shall maintain sufficient standby equipment, staff, and materials available at the site to ensure continuous operation, where required.
Perform dewatering in accordance with approved Shop Drawings. Keep the Engineer advised of any changes made to accommodate field conditions and, on completion of the dewatering system installation, revise and resubmit Shop Drawings as necessary to indicate the installed configuration.
Organize dewatering operations to lower the groundwater level in excavations as required for the prosecution of the Work, and to provide a stable, dry subgrade for the prosecution of construction operations. Maintain the water level at lower elevations so that no danger to structures can occur because of the buildup of excessive hydrostatic pressure, and provide for maintaining the water level below the subgrade unless otherwise permitted by the Engineer. Maintain groundwater level a minimum of five feet below the prevailing level of backfill being placed.
Dispose of water in such a manner as to cause no injury or nuisance to public or private 485
SAN JOSE CREEK MULITPURPOSE PATH – NORTHERN AND SOUTHERN SEGEMENTS CITY PROJECT NO. 9006, FEDERAL AID PROJECT BRLS-5481(022) SP-114
property, or be a menace to public health. Dispose of the water in accordance with applicable regulatory agency requirements.
If dewatering is required, Contractor shall design dewatering systems of sufficient scope, size, and capacity to accomplish the following results:
Maintain continuous dewatering operations so that the excavated areas are kept free from water during construction, while concrete is setting and achieves full strength, and until backfill has been placed to a sufficient height to anchor the work against possible flotation.
Prevent disposal of sediment to adjacent lands or waterways by employing necessary methods, including settling basins. Locate settling basins away from watercourses to prevent silt-bearing water from reaching the watercourse.
Intercept surface water and divert it away from excavations through the use of dikes, ditches, curb walls, pipes, sumps, or other means. This requirement extends to temporary works required to protect adjoining properties from surface drainage caused by construction operations.
Implement the appropriate level of surface water control to protect water quality throughout the construction period.
Provide labor, material, equipment, techniques, and methods to lower, control, and handle groundwater in a manner compatible with construction methods and site conditions. Monitor the effectiveness of the installed system and its effect on adjacent property. Intercept water flowing into excavations and divert it to sumps or ditches to allow pumping of collected water out of the excavation. Provide settling basins, geotextile containment devices or other sediment removal and water treatment devices for water quality control and compliance with regulatory and permit requirements. Install geotextile containment devices in accordance with the manufacturer’s instructions and requirements. Operate and maintain groundwater control systems in accordance with the Groundwater Control Plan. Notify Engineer in writing of any changes made to accommodate field conditions and changes to the Work. Provide for continuous system operation, including nights, weekends, and holidays. When deemed appropriate, provide a backup power source for electrical service. Monitor operations to verify that the system lowers groundwater levels at a rate required to maintain a dry excavation resulting in a stable subgrade for the prosecution of subsequent operations. Remove all groundwater control systems upon completion of construction or when dewatering and control of surface or groundwater is no longer required. Remove and grout piezometers when groundwater control operations are complete.
Replace Reserved in Section 13-4.03H with:
13-4.03H Welding
Fire suppression equipment must be on site when using welding/cutting equipment.
486
SAN JOSE CREEK MULITPURPOSE PATH – NORTHERN AND SOUTHERN SEGEMENTS CITY PROJECT NO. 9006, FEDERAL AID PROJECT BRLS-5481(022) SP-115
Replace Reserved in Section 13-4.03I with:
13-4.03I MITIGATION MEASURES FOR SAN JOSE CREEKS
The Contractor shall minimize impacts on San Jose Creek and Old San Jose Creek (Creek), and associated aquatic habitat by implementing the following measures:
Prior to working within the Creek corridor, all heavy equipment will be checked by the City inspector and maintained daily to prevent leaks of materials that if introduced to water could be deleterious to aquatic life.
Raw cement/concrete or washings thereof, asphalt, paint or other coating material, oil or other petroleum products, or any other substances associated with project -related activities that could be hazardous to aquatic life shall be prevented from contamina ting the soil or entering Creek channel.
During construction, the Contractor shall not place any material in the stream channel unless otherwise approved in writing by the Engineer. All such debris and waste will be picked up daily and properly disposed of at an appropriate site. All construction debris and associated materials will be removed from the work site upon completion of the project.
Sediment fences will be installed in appropriate locations to reduce the introduction of sediment into creek during construction. Any overburden material from the proposed project will not be side cast into the creek channel but will be stabilized or stored off site at approved disposal sites to preclude increased risk of sediment input to creeks. If any sediment barrier fails to retain sediment, corrective measures shall be taken. The sediment barriers shall be maintained in good operating condition throughout the construction period and the following rainy season.
The Contractor will establish spill prevention and countermeasure plan before project construction begins; the plan will include on- site handling criteria to avoid input of contaminants to the waterway. A staging and storage area will be provided away from the waterway for equipment, construction materials, fuels, lubricants, solvents, and other possible contaminants. The Contractor shall submit this document to the City for review and approval.
The Contractor will implement measures identified in the SWPPP.
After construction, the work area within the creek corridor will be stabilized and landscaped according to the erosion and sediment control standards set forth in the City of Goleta’s Stormwater Quality BMP Guidance Manual for Construction. Natural grasses and vegetation will be used, where sufficiently effective, to secure the slopes upstream and downstream of the bridge site.
The Contractor shall be responsible for implementing related requirements specified in all permits, including the CDFG Permit, ACOE Permit, and NMFS Biological Opinion. 487
SAN JOSE CREEK MULITPURPOSE PATH – NORTHERN AND SOUTHERN SEGEMENTS CITY PROJECT NO. 9006, FEDERAL AID PROJECT BRLS-5481(022) SP-116
All maintenance materials (e.g. oils, grease, lubricants, antifreeze, and similar materials) will be stored off-site.
All vehicles and equipment required on site will be parked or stored at the designated staging areas.
Precautions to minimize turbidity/siltation will be considered during project planning and implementation. Such precautions may entail the placement of silt fencing, coir logs, coir rolls, straw bale dikes, or other siltation barriers so that silt and/or other deleterious materials are not allowed to pass to downstream reaches. Passage of sediment beyond the sediment barrier(s) is prohibited. If any sediment barrier fails to retain sediment, corrective measures will be taken. The sediment barrier(s) will be maintained in good operating condition throughout the construction period and the following rainy season.
Maintenance includes, but is not limited to, removal of accumulated silt and/or replacement of damaged silt fencing, coir logs, coir rolls, and/or straw bale dikes. Non- biodegradable silt barriers (such as plastic silt fencing) shall be removed after the disturbed areas have been stabilized with erosion control vegetation (usually after the first growing season). Silty or turbid water from dewatering or other activities shall not be discharged into the stream. Such water shall be settled, filtered, or otherwise treated prior to discharge.
Replace Section 13-4.04 with:
All dewatering activities required for your work is included in the payment of various items of work and no separate payment will be made for dewatering.
Replace Section 13-5.04 with:
The payment quantity for temporary soil stabilization bid items paid for by the area is the area measured parallel with the ground surface not including the additional quantity used for overlaps.
It is your responsibility for maintaining soil stabilization. The cost for maintaining soil stabilization measures is paid for under Bid Item it was installed under.
Replace the 2nd sentence of the 1st paragraph of section 13-6.03C with:
The drainage inlet protection must be Type 1, Type 2, Type 3A, Type 4A, Type 4B, Type 5, or a combination of these, as appropriate for the conditions around the drainage inlet.
Replace the 4th paragraph of Section 13-6.04 with:
The cost for maintaining sediment control measures is paid for under Bid Item it was installed under.
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SAN JOSE CREEK MULITPURPOSE PATH – NORTHERN AND SOUTHERN SEGEMENTS CITY PROJECT NO. 9006, FEDERAL AID PROJECT BRLS-5481(022) SP-117
Replace Section 13-7.03D with:
13-7.03D Payment
You are responsible for maintaining temporary construction entrance at your cost until the entire project is complete. You will not be paid for temporary construction entrances that are relocated unless approved by the Engineer.
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14 ENVIRONMENTAL STEWARDSHIP
Add to the end of section 14-1.02:
An ESA exists on this project.
Before starting job site activities, install temporary high-visibility fence to protect the ESA and mark its boundaries.
Install signs 50 feet apart along the length and at the ends of the temporary high- visibility fence identifying the area as an ESA. Place the top of each sign flush with the top of the temporary high-visibility fence.
Along San Jose Creek and other locations, the existing fence will be used in-lieu of temporary high visibility fence. Install signs 50 feet apart along the length of the existing fence.
ESA signs must:
1. Be weatherproof and fade-proof
2. Be from 8-1/2 to 11 inches high and from 11 to 14 inches wide
3. Have the following message in black letters: This area is environmentally sensitive; no construction or other operations may occur beyond this fencing. Violators may be subject to prosecution, fines, and imprisonment.
The message must be legible from a distance of 20 feet by persons with 20/20 vision or vision corrected to 20/20.
The signs may be made of laminated printed paper attached to an inflexible weatherproof backer board.
Attach the signs to the temporary high-visibility fence, or to existing right-of-way fence along State Route 217, with tie wire or locking plastic fasteners.
Maintain the signs until Contract acceptance.
Limited access to the ESA is allowed for biological monitoring and encroaching wildlife.
Notify the Engineer 5 business days or less before the planned entry date. Any other access to the ESA is prohibited.
Access to an ESA other than that described is prohibited. 489
SAN JOSE CREEK MULITPURPOSE PATH – NORTHERN AND SOUTHERN SEGEMENTS CITY PROJECT NO. 9006, FEDERAL AID PROJECT BRLS-5481(022) SP-118
Replace Section 14-2.03A with:
If archaeological materials, including but not limited to human skeletal material and disarticulated human bone, are discovered at the job site, protect and leave undisturbed and in place archaeological materials in accordance with the following codes and these special provisions:
1. California Public Resources Code, Division 5, Chapter 1.7 § 5097.5
2. California Public Resources Code, Division 5, Chapter 1.75 § 5097.98 and § 5097.99
3. California Administrative Code, Title 14 § 4308
4. California Penal Code, Part 1, Title 14 § 622-1/2
5. California Health and Safety Code, Division 7, Part 1, Chapter 2, § 7050.5
Immediately upon discovery of archaeological materials, stop all work within a 60- f oot
radius of the archaeological materials and immediately notify the Engineer who will then notify the City of Goleta Public Works Department. Archaeological materials found during construction are the property of the State. Do not resume work within the 60- foot radius of the find until the Engineer gives the Contractor written approval. If, in the opinion of the Engineer, completion of the work is delayed or interfered with by reason of an archeological find or investigation or recovery of archeological materials, the Contractor will be compensated for resulting losses and an extension of time will be granted in the same manner as provided for in Section 8- 1.09, "Right of Way Delays," of the State Standard Specifications.
I
f remains of Native American origin are discovered during project construction, it will be necessary to comply with state laws concerning the disposition of Native American burials, which fall within NAHC’s jurisdiction (PRC 5097). If any human remains are discovered or recognized in any location other than a dedicated cemetery, there will be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the following steps occur:
• The Santa Barbara County coroner (805- 681-4145) has been informed and has determined that no investigation of the cause of death is required. If the remains are of Native American origin, one of the following occurs:
• The descendants of the deceased Native Americans have made a recommendation to the landowner or person responsible for the excavation work for means of treating or disposing of, with appropriate dignity, the human remains and any associated grave goods as provided in PRC 5097.98. • NAHC has been unable to identify a descendant, or the descendant failed to make a recommendation within 24 hours after being notified.
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SAN JOSE CREEK MULITPURPOSE PATH – NORTHERN AND SOUTHERN SEGEMENTS CITY PROJECT NO. 9006, FEDERAL AID PROJECT BRLS-5481(022) SP-119
According to the California Health and Safety Code, six or more human burials at one location constitute a cemetery (Section 8100) and disturbance of Native American cemeteries is a felony (Section 7052). Section 7050.5 requires that construction or excavation be stopped in the vicinity of discovered human remains until the coroner can determine whether the remains are Native American. If the remains are determined to be Native American, the coroner must contact NAHC within 24 hours.
Archaeological materials are the physical remains of past human activity and include historic-period archaeological materials and prehistoric Native American archaeological materials. Nonhuman fossils are not considered to be archaeological except when showing direct evidence of human use or alteration or when found in direct physical association with archaeological materials as described in these special provisions.
Historic-period archaeological materials include cultural remains beginning with initial European contact in California, but at least 50 years old. Historical archaeological materials include:
1. Trash deposits or clearly defined disposal pits containing tin cans, bottles, ceramic dishes, or other refuse indicating previous occupation or use of the site
2. Structural remains of stone, brick, concrete, wood, or other building material found above or below ground or
3. Human skeletal remains from the historic period, with or without coffins or caskets, including any associated grave goods
Prehistoric Native American archaeological materials include:
1. Human skeletal remains or associated burial goods such as beads or ornaments
2. Evidence of tool making or hunting such as arrowheads and associated chipping debris of fine-grained materials such as obsidian, chert, or basalt
3. Evidence of plant processing such as pestles, grinding slabs, or stone bowls
4. Evidence of habitation such as cooking pits, stone hearths, packed or burnt earth floors or
5. Remains from food processing such as concentrations of discarded or burnt animal bone, shellfish remains, or burnt rocks used in cooking
The City may use other forces to investigate and recover archaeological materials from the location of the find. When ordered by the Engineer furnish labor, material, tools and equipment, to secure the location of the find, and assist in the investigation or recovery 491
SAN JOSE CREEK MULITPURPOSE PATH – NORTHERN AND SOUTHERN SEGEMENTS CITY PROJECT NO. 9006, FEDERAL AID PROJECT BRLS-5481(022) SP-120
of archaeological materials and the cost will be paid for as extra work as provided in Section 4-1.05, "Extra Work," of the State Standard Specifications.
Add to section 14-2.03B:
Archaeological monitoring areas within, near, or straddling the project limits are shown.
All construction personnel must attend a brief workshop to describe the roles and responsibilities of the archaeological monitor and Chumash Native American observer, identify procedures that shall be followed in the event of unanticipated discoveries, describe regulatory protections of archaeological resources, and identify penalties for unauthorized collection or destruction of archaeological resources.
Replace Reserved in section 14-4 with:
14-4.01 General
Section 14-4 includes coordination and on-site observance with the Chumash Native Americans as outlined in these Special Provisions and the ECR’s.
14-4.02 Definitions
Reserved
14-4.03 Coordination with Chumash Native American Observer Prior to construction, the project archaeologist shall conduct a brief workshop for construction personnel to describe the roles and responsibilities of the archaeological monitor and the Chumash Native American observer, identify procedures that shall be followed in the event of unanticipated discoveries, describe regulatory protections of archaeological resources, and identify penalties for unauthorized collection or destruction of archaeological resources.
The City assigns a Chumash Native American monitor to observe work activities within the project. All initial grading and excavation within Goleta shall be monitored by a qualified archaeologist and a Chumash Native American observer.
You are responsible for allowing ample time for the City to coordinate and schedule for the tribal monitor to be onsite. Notify the Engineer at least 14 days before the date of all initial grading so that the City can coordinate with the tribal monitor.
Add to section 14-6.01:
14-6.01A (ACOE) Relations with United States Army Corps of Engineers A portion of this project is located within the jurisdiction of the United States Army Corps of Engineers (Corps). A permit has been entered into by the City of Goleta and the Corps. Be fully informed of the requirements of these permits as well as all rules, regulations, and conditions that may govern your operations in these areas and conduct the work accordingly.
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SAN JOSE CREEK MULITPURPOSE PATH – NORTHERN AND SOUTHERN SEGEMENTS CITY PROJECT NO. 9006, FEDERAL AID PROJECT BRLS-5481(022) SP-121
A copy of these permits is included in Appendix C and is hereby made a part of these special provisions.
In the event of any conflicts between the requirements of the permits and what is shown on the plans or specified in the State Standard Specifications or these special provisions, the permits will govern.
Attention is directed to section 7-1.02 LAWS of the State Standard Specifications.
Submit any proposed modifications to the Corps permits in writing to the Engineer for transmittal to the Corps for their consideration. Modifications must not be implemented until approved in writing by the Corps.
Attention is directed to S ection 8-1.05 TIME of these Special Provisions. Days during which your operations are restricted by the requirements of this section will be nonworking days if these restrictions cause a delay in the current controlling operation or operations.
You are fully bound by the provisions of this section, the Corps permits, and any subsequent modifications to the Corps permits. Make them a part of every subcontract executed pursuant to this contract.
14-6.01B (RWQCB) Relations with California Regional Water Quality Control Board This project is located within an area controlled by the California Regional Water Quality Control Board (RWQCB). The RWQCB has issued Water Quality Certifications covering work to be performed under this contract. A permit has been entered into by the City of Goleta and the RWQ CB. Be fully informed of all rules, regulations and conditions that may govern your operations in the areas and conduct the work accordingly.
A copy of the certifications are included in Appendix C and is hereby made a part of these special provisions.
In the event of any conflicts between the requirements of the permit and what is shown on the plans or specified in the Standard Specifications or these special provisions, the Certification will govern.