Grass Valley City Council
May 26, 2026

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California Department of Housing and Community Development 48 HOME 2024 NOFA Second Amendment
the Applicant team’s employees, the financial capacity of the Applicant team, and firm written financial commitments for the Project.

To determine the Project’s feasibility and sustainability, the Department will review the Project Sources and Uses Form. When completing the application form, Applicants should be sure to include all known and potential Project costs, including, but not limited to, the following:
• Site development costs
• Local development costs
• Local government approvals
• Project market study
• Elevation above a floodplain
• Relocation
• Environmental remediation
• Mitigation of environmental conditions and hazards
• Any other factors that may impact the Project costs and/or schedule If an Applicant proposes to develop site(s) formerly used for agricultural, industrial, manufacturing, or commercial purposes, or the site is situated on, adjacent to or near rail yards, airports, dumpsites, or other potentially contaminated properties, whether abandoned or operating, the Department may require Phase II environmental site assessment, or other soil assessment or testing. If an Applicant proposes to develop site(s) within a 100-year floodplain, the Department requires a HUD 8-step Floodplain Analysis. If not submitted with the application, these reports will be required after award as part of the NEPA process.

If the Applicant has any indication that these conditions may exist, the Department highly recommends that Applicants complete an assessment, soil sampling, or other appropriate testing methodology, prior to submitting the application. The results should be submitted as part of the application documentation, and any additional costs the Project may incur must be included in the Project budget and Sources and Uses Form.

Failure to include these items can increase the Project costs such that the Project is unfeasible, resulting in being noncompetitive for an award. For this reason, it is incumbent upon the Applicant to present verifiable and documented information in the application to prevent any unknown or uncertain Project costs.

E. Appeals

1. Basis of Appeals
a. Applicants may appeal the Department’s written determination that an application is incomplete, has failed threshold review, or has otherwise been

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determined to provide an insufficient basis for an award (including point scoring and tie breaker).
b. At the sole discretion of the Department, the Department’s written determination may include a request for clarifying and/or corrective information. For purposes of this section, “clarifying information” includes information and/or documentation that resolves ambiguities in any application materials that will inform the Department’s threshold, scoring and feasibility determinations.
c. Applicants do not have the right to appeal a decision of the Department relating to another Applicant’s application (e.g., eligibility, award). d. Any request to appeal the Department’s decision regarding an application shall be reviewed for compliance with this NOFA. All decisions rendered shall be made by the Branch Chief or his/her designee. The decision shall be final, binding, and conclusive, and shall constitute the final action of the Department.
e. The appeal process provided herein applies solely to decisions of the Department made pursuant to this NOFA.

2. Appeal Process and Deadlines
a. Process: To file an appeal, Applicants must submit to the Department, by the deadline set forth below, a written appeal which states all relevant facts, arguments, and evidence upon which the appeal is based. Furthermore, the Applicant must provide a detailed reference to the area or areas of the application that provide clarification and substantiation for the basis of the appeal. No new or additional information will be considered if this information would result in a competitive advantage to an Applicant. Once the appeal is submitted to the Department, no further information and/or materials may be accepted or considered. Appeals are to be submitted to the Department at [email protected] according to the deadline set forth in the Department review letters.
b. Filing Deadline: Appeals must be received by the Department no later than five (5) business days from the date of the Department’s threshold review or initial score letters, as applicable, representing the Department’s decision made in response to the application.

V. Award Announcements and Contracts
A. Award Announcements
Subject to the availability of funds, the Department intends to send award letters as reviewed and approved for Native American Entity HOME Project Activity applications, by December 2025 for non-NAE HOME Project Activity applications. The Department intends to send award letters as reviewed and

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approved for all HOME Program Activities applications, within 60 days of the receipt of a complete application.

Updates on planned awards and contract status will be provided through the Department’s Listserv system. To be added to this list, go to https://www.hcd.ca.gov/contact-us/email-signup, scroll down, and select Federal Programs.

B. Contracts
Awardee(s) must enter into a Standard Agreement with the Department. The Standard Agreement contains all the relevant state and federal requirements, as well as specific information about the award and the work to be performed. The Standard Agreement includes deadlines that are consistent with state and federal HOME regulations.

Failure to meet these deadlines is considered a material breach of the Standard Agreement.

NOTE: The Standard Agreement may be delayed if the Awardee does not timely provide the Department with all required entity resolutions and other entity documentation (e.g., bylaws, articles of incorporation, 501(c)(3) certification, certificate of good standing, limited partnership agreement), in form and content acceptable to the Department in its sole discretion, which evidences that the Awardee has the legal authority to contract with the Department.

The Standard Agreement must be executed by the Awardee(s) within 90 days of receipt. Failure to execute and return the Standard Agreement(s) to the Department within 90 days may result in award cancellation. The Awardee(s) must remain a party to the Standard Agreement for the full term of the Standard Agreement; removal of the Awardee(s) is prohibited unless the Department provides approval in advance.

Native American Entity Awardees must provide the Department with risk mitigation provision(s) in the Department’s Standard Agreement, and all other Department loan and/or grant transaction documents, including but not limited to, a lease rider and a Declaration of Restrictive Covenant (or Regulatory Agreement). The Native American Entity may accomplish the purpose of the risk mitigation provisions by executing and referencing a separate instrument that the Native American Entity would agree to resolve any disputes under the contract through risk mitigation provisions. The risk mitigation provisions are an alternative to “limited waiver of sovereign immunity,” and they may operate like a limited waiver of sovereign immunity provided the necessary language is included in the Department’s Standard Agreement and all other Department loan and/or grant transaction documents. The risk mitigation provisions also provide the Department with an opportunity to resolve and enforce any of the terms and conditions of the Standard Agreement and the Department’s loan and/or grant transaction documents through an informal process and/or in Tribal, State, or Federal Court.

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In the Department’s Standard Agreement and loan and/or grant transaction documents, the Department may require the following risk mitigation remedies that include, but are not limited to: adding an arbitration (dispute resolution) provision, whereas the Native American Entity would agree to resolve any disputes through an arbitration process;
i. Restructuring the draw-down of funds with conditions that must be met for each disbursement (e.g., satisfaction of specific performance milestones; or receipts for eligible expenses);
ii. Requiring Native American Entities to provide insurance with the Department as a named beneficiary to cover the risks attendant to an unenforceable agreement and/or use restriction;
iii. Receiving technical assistance throughout the program/project lifecycle.

The Department aims to provide technical assistance to Native American Entity applicants in the earlier stages of the award process to ensure that they are clearly informed of program requirements. Examples include, but are not limited to:
• Calculating rent and assistance amounts;
• Compliance with applicable fair housing laws; and
• Compliance with tenant screening and selection requirements iv. Incurring negative points or disqualification from future Departmental funds for violating fundamental program requirements such as affordability term, levels, occupancy, and habitability standards; and v. Requiring a robust capacity assessment as an essential part of the application review, demonstrating the Recipient has sufficient prior experience, or a partner/contractor with experience, to be successful managing the Project.

VI. Federal and State Overlays
All activities funded with HOME funds and/or HOME PI are required to comply, where applicable, with HUD’s federal “overlay” requirements found in 24 C.F.R. §

92.350, et seq. of the HOME Final Rule.

Failure to comply with state or federal overlays could result in significant Project cost increases, rejection of the HOME application, and/or loss of points in current or future HOME funding rounds. Projects must comply with all applicable state and federal laws, including, but not limited to:
a. National Environmental Policy Act (NEPA);
b. California Environmental Quality Act (CEQA);
c. State and federal (Davis-Bacon) prevailing wage;
d. URA Acquisition and Relocation;

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e. Equal Opportunity and Fair Housing;
f. Affirmative Marketing;
g. Section 504 of the Rehabilitation Act of 1973;
h. Fair Housing Act (including accessibility and design requirements); i. Americans with Disabilities Act, where applicable;
j. Section 3 (employment of low-income persons);
k. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards at 2 C.F.R. Part 200;
l. Build America, Buy America Act; and
m.Tenant protections and selection practices pursuant to 24 C.F.R. § 92.253.

National Environmental Policy Act (NEPA) & HUD Environmental Review Requirements (contained in 42 U.S.C. §§ 4321-4347 and the implementing regulations at 24 C.F.R. Part 58)
After Applicant has submitted the HOME application to the Department, and before the NEPA Authority to Use Grant Funds (AUGF) has been issued, the Applicant and any participant in the development process must not engage in any Choice-Limiting Actions as defined in this NOFA and at 24 C.F.R. 58.22. All Choice-Limiting Actions on the site or on behalf of the project by anyone after the HOME application has been submitted to the Department and before the AUGF is issued will disqualify an Applicant’s Project from receiving any HCD federal funds – not only for this HOME NOFA round, but future NOFA rounds.

Thus, Applicants must take great caution before proceeding with project activities.

NOTE: Pursuant to HUD’s NEPA regulations, certain activities are not considered Choice-Limiting Actions regardless of when they are carried out. These activities include, but are not limited to, such things as: environmental and other studies; resource identification and development of plans and strategies; submitting funding applications, inspections and testing for hazards or defects; purchase of insurance; payment of principal and interest on loans made or obligations guaranteed by HUD; and assistance for improvements that do not alter environmental conditions and are necessary to address the effects from disasters or imminent threats to public safety. For more information on activities not considered Choice-Limiting Actions, see 24 C.F.R. § 58.22.

For all new construction Projects and substantial rehabilitation Projects, compliance with NEPA is evidenced by an AUGF. HUD issues the AUGF for CHDO and Developer Projects, and the Department issues the AUGF for State Recipient Projects. For rehabilitation Projects not requiring an AUGF, state approval of the environmental documentation is still required prior to taking any Choice-Limiting Actions. For a thorough explanation of the NEPA process, see

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the Department’s Environmental Review webpage at
https://www.hcd.ca.gov/grants-and-funding/environmental-review.I The Department encourages commencement of the NEPA Environmental Assessment (EA) process as soon as possible, but no later than receipt of the Award letter. For rental Projects, Project reports often require additional analysis of environmental impacts.

Submit general questions regarding Choice-Limiting Actions, or the level of environmental assessment required of the Project, to [email protected] prior to taking any action concerning the proposed HOME Project.

The application must disclose all known environmental hazards, and, if awarded, the Department must be fully informed of all environmental issues. Failure to do so will be considered a material misrepresentation and result in a performance point penalty for all members of the development team for future HOME applications with the Department.

NOTE: The Department is unable to give legal advice regarding a specific Project or program. If an Applicant has specific questions regarding a ChoiceLimiting Action, or environmental laws that may affect the Project or program, the Department recommends that the Applicant consult with a legal advisor or professional consultant prior to taking any action on the Project. Applicants understand and agree that they are solely responsible for their decisions with respect to Choice-Limiting Actions, or potentially Choice-Limiting Actions, and the Department shall have no liability therefor.

California Environmental Quality Act
By execution of this Agreement, the Applicant is also subject to the provisions of the California Environmental Quality Act (CEQA). Applicant assumes responsibility to fully comply with CEQA’s requirements regarding the work performed.

For Projects located on Native American Lands as defined by 25 C.C.R. § 8201(y)(1), the Department will be the lead agency and will prepare any exemption documentation for all other Projects subject to CEQA.

Federal Prevailing Wage Requirements (Davis-Bacon)
Federal prevailing wages must be paid on Projects involving site development, construction, and/or rehabilitation with 12 or more HOME-assisted units.

The HOME Applicant and the construction contractor must ensure that the Davis-Bacon wage requirements as well as state prevailing wage laws are followed, where applicable. The Sources and Uses Form submitted with the HOME application will be examined to ensure that prevailing wage costs have been considered (state and federal, if applicable). CHDOs are required to hire an outside consultant to act as a Labor Standards Coordinator. If the HOME

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Applicant does not have existing staff to monitor federal labor standards, hiring an outside labor consultant is highly recommended.

For Projects located on Native American Lands as defined by 25 C.C.R. § 8201(y)(1) and if the HOME Applicant has adopted a Tribally Determined Wage (TDW) in accordance with Tribal law, the HOME Applicant may apply its TDW in lieu of Davis-Bacon and the California prevailing wage law.

Homebuyer Self-Help Projects with 12 or more HOME-assisted units may be excluded from Davis-Bacon wage requirements if either of the following applies:
a. Site development was completed before the HOME application, the use of HOME funds was not contemplated when the site development was completed, and there are no agreements or contracts for more than 11 HOME units. If the use of HOME was contemplated before the site development was completed, Davis-Bacon wages must be paid on the entire Project; or
b. If the Self-Help families purchase finished lots and contract individually with the General Contractor for construction of their homes, and there are no other construction contracts or subcontracts that cover more than one unit.

Displacement, Relocation, and Acquisition Requirements
Relocation assistance must be provided if individuals and/or businesses will be temporarily relocated or permanently displaced as a result of a HOME-assisted Project. All Projects are required to comply, where applicable, with the Uniform Relocation Assistance and Real Property Acquisition Act (URA) and the Displacement, Relocation, and Acquisition requirements pursuant to 24 C.F.R. §

92.353. Specifically, federal relocation requirements extend back to the “initiation of negotiations” (ION). For more information on federal displacement, relocation, and acquisition requirements, see HUD’s CPD Handbook 1378.0.

Submit questions regarding ION determinations to [email protected] This recommendation applies to all rental and FTHB Projects involving any relocation activities. An accurate determination is critical because relocation costs may be higher if an earlier ION date is necessary. Applications for tenant occupied properties must have already provided the General Information Notice (GIN) to all tenants by the date of the ION.

The Sources and Uses form submitted with the application must adequately budget for relocation costs. Consistent with federal relocation requirements prohibiting economic displacement, if rents for existing tenants will increase, a transition reserve must be budgeted to maintain rents for existing tenants at the higher of 30 percent (30%) of their income at ION or the rent at the time of ION, not including regular increases in expenses, for as long as they live in the Project.

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Homebuyer 90-Day Vacancy Rule: Relocation requirements will also be triggered if a FTHB proposes to purchase a home that has been occupied by a renter in the 90 days preceding the date of the purchase agreement. Exceptions to this rule can be made by the Department on a case-by-case basis with adequate third-party documentation that the tenant moved for reasons unrelated to the sale of the property, such as the tenant moving for another job.

Normally, relocation will not be triggered for OOR or TBRA programs. However, temporary relocation costs are an eligible HOME grant expense.

A relocation certification is required for all Projects including vacant site(s).

Applicants that assert their Project does not require relocation must submit a detailed explanation, including supporting documentation, as to why relocation (of tenants, farms, businesses, etc.) is not required. The Department will review the documentation to determine whether a relocation plan is necessary.

Relocation considerations include:
• Vacant land, which is land that is not developed or being used for agricultural purposes;
• Property vacated for the Project, then relocation applies; and • Tenants include anyone who is living or storing their belongings on the property with the owner’s consent, whether or not the “tenant” pays rent.

Squatters are not tenants.

If relocation is not required, the Department will issue a Certification Regarding Non-application of Relocation Benefits and Indemnification Agreement (“NonRelocation Certification”). This Non-Relocation Certification must be executed by the Applicant/borrower/sponsor prior to the Department executing the Standard Agreement, and as a condition thereof. The Non-Relocation Certification substantiates and certifies that there is no displacement including, but not limited to, the displacement or temporary relocation of tenants, businesses, and farms; therefore, no relocation is required. Submission of thorough and clear supporting information will lead to a more efficient review and decision.

The following are examples of supporting documentation for the Non-Relocation Certification:
• Background information
• Project information
• Reports from professionals, such as appraisal or soils report • Purchase information
• Mini relocation plan with pictures of the vacant land • Summary relocation report
• Scope of Work from the general contractor

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• Letter from the Project engineer stating the scope of work • Sales contract evidencing the purchase of vacant land • ALTA survey of (purchased) vacant land
• Property tax assessment for vacant land
• Photographic evidence of vacant land
Pursuant to 24 C.F.R. § 92.353(g) regarding “Displacement, Relocation and Acquisition: Appeals,” a person who disagrees with the participating jurisdiction's determination concerning whether the person qualifies as a displaced person, or the amount of relocation assistance for which the person may be eligible, may file a written appeal of that determination with the jurisdiction. A low-income person who is dissatisfied with the jurisdiction's determination on his or her appeal may submit a written request for review of that determination to the HUD Field Office.

Projects located on Native American Lands, as defined in 25 C.C.R. § 8201(y)(1), may also be subject to the Native American Housing Assistance and Self Determination Act of 1996 (NAHASDA) relocation requirements pursuant to 24 C.F.R. § 1000.14.

Procurement Requirements for State Recipients Using Administrative Subcontractors
State Recipients using administrative subcontractors paid with HOME Funds must follow, where applicable, a competitive Request for Qualifications (RFQ) or Request for Proposals (RFP) procurement process to select the administrative subcontractor. For information on this procurement process, see the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards at 2 C.F.R. Part 200.

Projects located on Native American Lands, as defined in 25 C.C.R. § 8201(y)(1), may also be subject to NAHASDA procurement requirements pursuant to 24 C.F.R. § 1000.26.

Continuing Compliance Responsibilities
The Awardee must collect and report data upon execution of the Regulatory Agreement until the final Project Completion Report is accepted in the federal disbursement and information system. Annual performance reports must be submitted to the Department during the entire affordability period pertaining to the outcomes of the program, pursuant to the Regulatory Agreement provisions.

Local government Applicants must comply with the requirements of 2 C.F.R. Part 200.

Applicants/Awardees are responsible for disclosing all changes to the Project after submitting the application. Such changes could include, but are not limited to, development team member changes, increased or decreased costs, intent to

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apply for additional funds, changed Project description, environmental issues, and/or Project timeline changes.

Questions regarding compliance with the submittal requirements can be directed to [email protected].

Violence Against Women Act Requirements
Assurance of Compliance with the “Violence Against Women Reauthorization Act of 2022” (VAWA) (S.3623 - 117th Congress (2021-2022)) (as amended or reauthorized) Title VI - Safe Homes for Victims of Domestic Violence, Dating Violence, Sexual Assault, and Stalking – Sec. 601-603. See also 81 FR 80803, Nov 16, 2016.

VAWA provides housing protections for survivors of domestic and dating violence, sexual assault, and stalking when it comes to finding and keeping a home they can feel safe in. VAWA applies for all victims of domestic violence, dating violence, sexual assault, and stalking, regardless of sex, gender identity, or sexual orientation, and which must be applied consistently with all nondiscrimination and fair housing requirements. VAWA now expands housing protections to HUD programs beyond HUD’s public housing program and HUD’s tenant-based and project-based Section 8 programs. VAWA now provides enhanced protections and options for victims of domestic violence, dating violence, sexual assault, and stalking. During the performance of this Agreement, the HOME Recipient shall ensure that all requirements of VAWA are complied with, including but not limited to:
1) Domestic Violence survivors are not denied assistance as an Applicant, or evicted or have assistance terminated as a tenant, because the Applicant or tenant is or has been a victim of domestic violence, dating violence, sexual assault, and stalking.
2) It will implement an ‘emergency transfer plan’, which allows for domestic violence survivors to move to another safe and available unit if they fear for their life and safety.
3) It will provide “Protections against denials, terminations, and evictions that directly result from being a victim of domestic violence, dating violence, sexual assault, or stalking, if the Applicant or tenant otherwise qualifies for admission, assistance, participation, or occupancy.”
4) It will implement a ‘Low-barrier certification process’ where a domestic violence survivor need only to self-certify in order to document the domestic violence, dating violence, sexual assault, or stalking, ensuring third party documentation does not cause a barrier in a survivor expressing their rights and receiving the protections needed to keep themselves safe.

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Fair Housing and Tenants’ Rights Protections
The Applicant/Awardee must comply with all applicable local, state, and federal laws, constitutions, codes, standards, rules, guidelines, and regulations, including, without limitation, those that pertain to accessibility, construction, health and safety, labor, fair housing, fair employment practices, affirmative marketing and outreach practices, nondiscrimination, and equal opportunity, where applicable.

To the furthest extent applicable and subject to federal preemption, the Applicant/Awardee must comply with all relevant laws, including, without limitation, the California Fair Employment and Housing Act (Gov. Code, § 12900 et seq.); the Unruh Civil Rights Act (Civ. Code, § 51); Government Code § 11135 (the prohibition of discrimination in state-funded programs); Government Code § 8899.50 (the duty to affirmatively further fair housing); California’s Housing Element Law (Gov. Code, § 65583 et seq.); California Code of Regulations, Title 2, §§12264 – 12271 (legally permissible consideration of criminal history information in housing); Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.); the ADA of 1990 (42 U.S.C. § 12101 et seq.); the Fair Housing Act (FHA) and amendments (42 U.S.C. § 3601 et seq.); the Fair Housing Amendments Act of 1988; Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794); the Architectural Barriers Act of 1968 (42 U.S.C. § 4151 et seq.); the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101 – 6107); and all federal and state regulations implementing these laws.

Federal Section 3 Rule
In 2020, HUD published a final rule (24 C.F.R. Part 75) (“Section 3”), which outlines requirements for creating economic opportunities for low and very low income persons and eligible businesses. Section 3 requires recipients of certain HUD financial assistance (which includes HOME funds) to provide, to the greatest extent possible, job training and employment opportunities to lowand/or very low-income residents in connection with HOME Projects and activities in their neighborhoods.

Build America, Buy America Act (BABA)
On November 15, 2021, the Build America, Buy America Act (BABA) was enacted as part of the Infrastructure Investment and Jobs Act (IIJA) (Pub. L. 11758). BABA requires that all iron, steel, manufactured products, and construction materials used for federally funded infrastructure projects are produced in the United States, unless otherwise exempt or subject to an approved waiver. This requirement is known as the “Buy America Preference (BAP)” and the specific requirements are codified in 2 C.F.R. Part 184.

NOTE: For the purposes of BABA, housing is considered “infrastructure.” Starting August 23, 2024, BABA applies to new awards of HOME funding.

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The following language must be included in all contracts and agreements with Subrecipients, contractors, Developers and subgrantees, and in any procurement bid/contract documents to ensure BABA compliance by subgrantees, Developers and/or contractors:

The parties to this contract must comply with the requirements of the Build America, Buy America (BABA) Act, 41 U.S.C. 8301 note, and all applicable rules and notices, as may be amended, if applicable to the Grantee’s infrastructure project.* Pursuant to HUD’s Notice, “Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America, Buy America Provisions as Applied to Recipients of HUD Federal Financial Assistance” (88 Financial Report 17001), any funds obligated by HUD on or after the applicable listed effective dates, are subject to BABA requirements, unless excepted by a waiver. *The term “infrastructure project,” in this context, is defined in 2 C.F.R. § 184.3 and means any activity related to the construction, alteration, maintenance, or repair of infrastructure (including buildings and housing) in the United States regardless of whether infrastructure is the primary purpose of the Project. 2 C.F.R. Part 184 and HUD’s Notice CPD-23-12: CPD Implementation Guidance for the Build America, Buy America Act's Domestic Content Procurement Preference as Part of the Infrastructure Investment and Jobs Act - HUD Exchange provides further guidance on the implementation of BABA. Additional details on fulfilling the BABA requirements can be found on HUD’s website Build America, Buy America Act - HUD Exchange.

VII. Other Terms and Conditions
A. Right to Modify or Suspend
The Department reserves the right, at its sole discretion, to suspend, rescind, amend, modify, or supplement the provisions of this NOFA at any time, including without limitation, the amount of funds available hereunder. If such an action occurs, the Department will notify all interested parties via a Listserv notice and will post the revisions to the Department website. Be sure to sign up for our Listserv at https://www.hcd.ca.gov/contact-us/email-signup by choosing “Federal Programs.”
This NOFA is not a commitment of funds to any activity or Applicant.

B. Incompatible Funding
It is the duty and responsibility of each Applicant to review the provisions, requirements, and limitations of all funding sources applied for and obtained for a particular project, program, or activity in order to ensure that each and every requirement of those funding sources is compatible with all program requirements and restrictions. Incompatibility of funding sources will result in the denial or cancellation of an award or may result in the placement of conditions or

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limitations on an award, all as determined by the Department in its sole and absolute discretion.

C. Conflicts
In the event of any conflict between the terms of this NOFA and either applicable state or federal law or regulation, the terms of the applicable state or federal law or regulation (whichever is stricter) shall control. Applicants are deemed to have fully read and understand all applicable state and federal laws, regulations, and guidelines pertaining to the HOME Program, and understand and agree that the Department shall not be responsible for any errors or omissions in the preparation of this NOFA.

D. False, Fictitious or Fraudulent Claims
Warning: Any person who knowingly makes a false claim or statement to HUD or the Department in connection with this HOME NOFA may be subject to civil or criminal penalties under 18 U.S.C. 287, 1001 and 31 U.S.C. 3729.

E. Detecting, Preventing, and Reporting Fraud
Fraud is a white-collar crime that has a devastating effect on the HOME Program because the HOME Program beneficiaries are victims of this crime when the HOME Program is abused. The Department is committed to preventing and stopping any criminal assault on the HOME Program it administers, and in doing so ensure all HOME funds go to people it was designed to help and improve their living conditions.

F. Combating Fraud
The HUD Office of Inspector General (OIG) is committed to protecting HUD’s programs, operations, and beneficiaries from dishonest individuals and organizations.

HUD cannot combat fraud alone; they rely on the Department and HOME NOFA Applicants to combat HOME Program fraud.

HUD also relies on Applicants for, and people receiving, HUD benefits, such as:
tenants receiving rental assistance, borrowers with HUD insured loans, and/or citizens having their communities restored using HUD grants.

The HUD OIG Hotline number is 1-800-347-3735. This is the primary means to submit allegations of fraud, waste, abuse, mismanagement, or Whistleblower related matters for the HOME Program to the OIG.

HUD OIG accepts reports of fraud, waste, abuse, or mismanagement in the HOME Program from HUD employees, anyone administering the HOME Program, anyone working in the HOME Program, contractors, and the public.

Complaints can report mismanagement or violations of law, rules, or regulations by HUD employees or program participants.

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Fraud, waste and abuse in the HOME Program and its operation may be reported in one of the following four (4) ways:

By email to: [email protected]
By phone: Call toll free: 1-800-347-3735 By fax: 202-708-4829 By mail: U.S. Department of Housing & Urban Development HUD OIG, Office of Investigation, Room 1200 Field Office
One Sansome Street, San Francisco, CA 94104
HUD OIG, Office of Investigation Suite 4070
Regional Office
300 North Los Angeles Street, Los Angeles, CA 90012
G. Whistleblower Protection Acts
(Federal Whistleblower Protection Act (5 U.S.C Section 2302(b)(8)) The Federal Whistleblower Protection Act (WPA) protects employees from retaliation for making protected disclosures. The WPA also provides penalties for supervisors who retaliate against Whistleblowers.

1. A disclosure is protected under the WPA if the employee discloses information the employee reasonably believes to be evidence of:
a. a violation of any law, rule, or regulation,
b. gross mismanagement,
c. a gross waste of funds,
d. an abuse of authority, or
e. a substantial and specific danger to public health or safety.

2. In general, an employee or Applicant may make a protected disclosure to anyone, including non-governmental audiences, unless the information is classified or specifically prohibited by law from release. Options for making a protected disclosure include:
a. Informing a supervisor or someone higher up in management, b. Submitting a complaint to the OIG by emailing the OIG at [email protected], c. Filing a complaint with the Office of Special Counsel (OSC) https://www.osc.gov/.

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The California Whistleblower Protection Act (Title 2, Division 1, Chapter 6.5, Article

3.5, Gov. Code §§ 8548-8548.5)
The California Whistleblower Protection Act authorizes the California State Auditor to receive complaints from state employees and members of the public who wish to report an improper governmental activity. An "improper governmental activity" is any action by a state agency or any action by a state employee directly related to state government that:

1. Violates any state or federal law or regulation,

2. Violates an Executive Order of the Governor, a California Rule of Court, or any policy or procedure required by the State Administrative Manual or State Contracting Manual, or

3. Is economically wasteful or involves gross misconduct, incompetency, or inefficiency. Complaints received by the State Auditor are confidential, and the identity of the complainant may not be revealed without the complainant's permission, aside from an appropriate law enforcement agency conducting a criminal investigation.

There are many ways to file a complaint:

1. By Telephone
Call the Whistleblower Hotline at (800) 952-5665 to file a complaint by talking to one of the State Auditor's employees. The hotline generally is staffed Monday through Friday from 8:00 A.M. to 5:00 P.M. If when called, the hotline is not being staffed, or staff is occupied with other calls, a voicemail message can be left requesting a return call.

2. By Mail or Facsimile
To file a complaint in writing, submit a letter to the State Auditor addressed as follows:

Investigations California State Auditor
P.O. Box 1019
Sacramento, CA 95812
Or the letter may be faxed to the State Auditor at (916) 322-2603.

As an alternative, a complaint form may be accessed electronically (which is available on the State Auditor website at auditor.ca.gov). To submit, print it out, and return it by mail or facsimile as stated above.

3. Online
Although the State Auditor does not accept complaints by email, complaints may be submitted online at
https://www.auditor.ca.gov/whistleblower/.

Item # 7.

California Department of Housing and Community Development 63 HOME 2024 NOFA Second Amendment
The State Auditor will not undertake an investigation unless there is a basis for believing that a complaint has sufficient merit to warrant spending resources on an investigation. A complaint should therefore include:
a. A clear and concise statement of what is being alleged to be improper activity and why it is believed to be improper.
b. The name or other information that clearly identifies the person alleged to have acted improperly and the department where that person works. c. The names and contact information for any witnesses who can confirm the truth of the complaint.
d. Copies of any documents that will support the complaint. (Do not submit original documents, as they cannot be returned.)
H. Cancellation and Defaults
If HCD is required to repay HUD for HOME funds invested in affordable housing because the Project failed to meet the required minimum period of affordability (pursuant to 24 C.F.R. § 92.252(e)), then the Applicant/Developer/Contractor must repay the same amount back to the Department upon demand.

Terminated Projects: If a HOME Project is terminated pursuant to 24 C.F.R. §

92.205 and the Department must repay any HOME funds invested in the Project to the Department's HOME Investment Trust Fund in accordance with 24 C.F.R. § 92.503(b), then Applicant/Sponsor/Developer/Borrower must repay that money back to the Department, so the Department is made whole.

I. Loan Closing Requirements
Sponsor must submit all Department Closing Checklist items well in advance of the anticipated construction loan closing, occupancy, and permanent loan closing dates.

Sponsors and Borrowers should allow at minimum 60 days after they have submitted to the Department the (i) final due diligence documents; and (ii) final signed transaction summary report for a loan to close. With the Department’s current workload, the Department strongly recommends Sponsors and Borrower allow at minimum 90 days after submitting the final signed transaction summary for a HOME loan to close.

Failure by Sponsors and Borrowers to timely submit (i) the required due diligence documentation; and (ii) the final signed transaction summary will result in an unnecessary delay to the date when the Department loan will be able to close and may result in extra costs to Borrower. Sponsors and Borrowers are responsible to plan accordingly to ensure a timely closing.

VIII. List of Appendices
Appendix A: Eligible State HOME Jurisdictions

Item # 7.

California Department of Housing and Community Development 64 HOME 2024 NOFA Second Amendment
Appendix B: CHDO Certification Instructions
Appendix C: Community Needs Score
Appendix D: Scoring Factors

Item # 7.
445648.1
City of Grass Valley
City Council
Agenda Action Sheet
Title: Wastewater Treatment Plant Boiler Replacement Project – Reject Protest and Award Contract
CEQA: Categorically Exempt – Section 15301
Recommendation: That Council 1) consider the merits of a bid protest from ACCO Engineered Systems; and 2) adopt Resolution Number 2026-21 rejecting the bid protest from ACCO Engineered Systems; a) awarding a contract for the Wastewater Treatment Plant Boiler Replacement Project to TNT Industrial Contractors, Inc., in the amount of $474,551.00; b) authorizing the Interim City Manager to execute the construction contract, subject to legal review and, c) authorizing the City Engineer to approve construction change orders for up to 10% of the contract amount.

Prepared by: Bjorn P. Jones, PE, City Engineer
Council Meeting Date: May 26, 2026 Date Prepared: May 20, 2026 Agenda: Consent
Background Information: The Wastewater Treatment Plant Boiler Replacement Project involves the purchase of a new sludge heater/boiler, demolition and removal of existing equipment and installation of the new boiler equipment, plumbing, electrical wiring and controls at the City’s Wastewater Treatment Plant.

Bids were opened on April 28, 2026, and three bids were received. A bid summary is attached. Staff reviewed the low bid of $474,551.00 submitted by TNT Industrial Contractors, Inc. and determined the bid to be complete and responsive. On May 4, 2026, the City received a bid protest letter from ACCO Engineered Systems (attached), contesting that TNT Industrial did not have the proper licensing and violated contract documents in not being qualified to perform the work.

After review of the bid protest and consultation with legal counsel, staff is recommending that Council reject the bid protest based upon the following:
1) City specifications state that the “Contractor shall possess a valid California Class “A” Contractor’s License or a combination of the following classes C10- Electrical Contractor, C36 – Plumbing Contractor, and all other classes required by the categories and types of work included in the contract at the time of bid award.” The City contract documents did not specify that a C-4 Specialty Contractor was needed for the Project. TNT Industrial Contractors holds a valid California Class “A” license; 2) The installation of the boiler by a C-4 Specialty License is not strictly required by the nature of the contract because the scope and nature of the work fall within the broader scope of a Class “A” General Contractor license (Bus. & Prof. Code, § 7056);

Item # 8.
445648.1
3) TNT has stated that they will self-perform all work that was not listed on the Subcontractor list in the bid documents and they are qualified to do so, therefore they are not required to list subcontractors for work TNT will perform (Pub. Contract Code, § 4106);
4) TNT holds a class “A” license which is sufficient to perform the project work so they did not improperly certify the work that will be self-performed; 5) TNT did not violate contract documents or the Public Contract Code as they are qualified to perform the project with the class “A” license they hold and the sole subcontractor that was listed in their bid.

Considering the above, Staff recommends that Council adopt Resolution 2026-21, rejecting the bid protest from ACCO Engineered Systems. Also recommended is the authorization to award and execute the construction contract with TNT Industrial Contractors, Inc., in the amount of $474,551.00 and authorization for the City Engineer to approve construction change orders up to 10% of the contract amount.

Council Goals/Objectives: The purchase and installation of a new Wastewater Treatment Plant boiler executes portions of work tasks towards achieving/maintaining Strategic Plan Goal – City Infrastructure Investment.

Fiscal Impact: The Wastewater Treatment Boiler Replacement Project was fully funded in the FY 25/26 Capital Improvement Program Budget.

Funds Available: Yes Account #: 300-406-66890
Reviewed by: City Manager Attachments: Bid Summary, Bid Protest, Resolution 2026-21

Item # 8.

G:\ENG\DESMGMNT\26-01 WWTP Boiler Replacement\700 Construction\710 Bid Docs\Bid Summary.docx

WASTEWATER TREATMENT PLANT BOILER REPLACEMENT PROJECT
PROJECT #26-01

BID SUMMARY
Date: 4/28/2026; 3:30 p.m. Engineer’s Estimate: $500,000 BIDDER DATE/TIME REC’VD AMOUNT
TNT Industrial Contractors, Inc.
3800 Happy Lane
Sacramento, CA 95827
04/28/2026
3:18 pm
*$474,551.00
ACCO Engineered Systems, Inc.
10590 Armstrong Avenue
Mather, CA 95655
04/28/2026
2:31 pm $605,696.00
Intech Mechanical Company, LLC
7501 Galilee Road
Roseville, CA 95678
04/28/2026
2:00 pm $619,290.00
* Apparent Low Bidder

Item # 8.

May 4,2026
Via Email
City of Grass Valley
Engineering Division
125 East Main Street
Grass Valley, CA 95945
RE: Wastewater Treatment Plant Boiler Replacement Project.

Project No. 26-01
Dear City of Grass Valley,
ACCO Engineered Systems, Inc. respectfully submit this formal bid protest regarding the apparent low bidder for the Wastewater Treatment Plant Boiler Replacement Project (Project No. 26-01).

This protest is submitted in accordance with the Instructions to Bidders, Section 5 – Bid Protests.

Basis for Protest
This protest challenges the responsiveness and responsibility of the apparent low bidder based on failure to meet contractor licensing and subcontractor listing requirements set forth in the Contract Documents and applicable California law.

Relevant Contract Requirements
The Notice to Contractors, Page 1 of 3, states:
“The Contractor shall possess a valid California Class ‘A’ Contractor's License, or a combination of the following classes: C10 – Electrical Contractor and C36 – Plumbing Contractor, and all other classes required by the categories and types of work included in the contract at the time of the bid award.” Additionally, the Contract Documents provide:
• Special Provisions, Section 10 – Subcontracting (Page 5 of 31):

Bidders must list all subcontractors performing work in excess of 0.5% of the total bid amount.
• Special Provisions, Section 10.2 – Subcontracting (Page 5 of 31):

For any portion of the work for which no subcontractor is listed, the bidder certifies that it is qualified to perform that portion of the work with its own forces.

Item # 8.

Grounds for Protest
A. Failure to Hold Required License for Boiler Work
The project scope includes the removal and replacement of a sludge boiler at a wastewater treatment facility (Notice to Contractors, Page 1 of 3 – General Work Description).

This work constitutes boiler and steam fitting work that falls within the scope of a California C-4 Boiler, Hot Water Heating and Steam Fitting Contractor classification.

The apparent low bidder does not hold a C-4 license.

B. Failure to List Required Subcontractor
The apparent low bidder did not list any subcontractor for the boiler installation work.

Because this portion of the work exceeds 0.5% of the total bid amount, the bidder was required under Special Provisions, Section 10 – Subcontracting (Page 5 of 31) to either:

1. Hold the appropriate contractor license to self-perform the work; or

2. List a properly licensed subcontractor.

The bidder did neither.

C. Improper Certification of Self-Performance
Pursuant to Special Provisions, Section 10.2 – Subcontracting (Page 5 of 31), the apparent low bidder certified that it is qualified to perform all unlisted work with its own forces.

However, without holding a C-4 license, the bidder is not properly licensed to perform boiler work. This renders the certification invalid and the bid nonresponsive.

D. Violation of Contract Documents and Public Contract Code The bidder’s failure to hold the appropriate license or list a qualified subcontractor violates:
• The contractor licensing requirements in the Notice to Contractors (Page 1 of 3)
• The subcontractor listing requirements in the Special Provisions (Section 10, Page 5 of 31)
• The Subletting and Subcontracting Fair Practices Act (Public Contract Code §4100 et seq.)

Item # 8.

While the California Mechanical Code governs the design, installation, and safety requirements applicable to boiler systems, it does not establish contractor licensing requirements. Contractor licensing is governed by the California Business and Professions Code and enforced by the Contractors State License Board. However, the nature of the work regulated by the Mechanical Code— specifically the removal and installation of a sludge boiler system involving combustion equipment, controls, and hydronic/mechanical components— demonstrates that the work falls within the scope of boiler and steam fitting work.

As such, the work is consistent with the C-4 Boiler, Hot Water Heating and Steam Fitting Contractor classification. Accordingly, the contractor must either hold the appropriate license or list a properly licensed subcontractor to perform this portion of the work.

Request for Relief
Based on the foregoing, ACCO Engineered Systems, Inc. respectfully requests that the City:

1. Determine that the apparent low bidder is non-responsive and/or not responsible;

2. Reject the bid submitted by the apparent low bidder; and

3. Award the contract to the next lowest responsive and responsible bidder.

NOTE: For your ready-reference, the following supporting documentation is included:

Exhibit A: Bid Results
Exhibit B: Notice to Contractors, Special Provisions, and Construction Contract
Exhibit C: Proposal & Bidders Certificates
Exhibit D: Addendum No. 1
Please confirm receipt of this protest. We appreciate your consideration.

Sincerely,
Stephen Alwan, Project Executive
ACCO Engineered Systems, Inc.
10590 Armstrong Avenue, Mather, CA 95655
916-628-0058 / [email protected]

Item # 8.

G:\ENG\DESMGMNT\26-01 WWTP Boiler Replacement\700 Construction\710 Bid Docs\Bid Summary.docx

WASTEWATER TREATMENT PLANT BOILER REPLACEMENT PROJECT
PROJECT #26-01

BID SUMMARY
Date: 4/28/2026; 3:30 p.m. Engineer’s Estimate: $500,000 BIDDER DATE/TIME REC’VD AMOUNT
TNT Industrial Contractors, Inc.
3800 Happy Lane
Sacramento, CA 95827
04/28/2026
3:18 pm
*$474,551.00
ACCO Engineered Systems, Inc.
10590 Armstrong Avenue
Mather, CA 95655
04/28/2026
2:31 pm $605,696.00
Intech Mechanical Company, LLC
7501 Galilee Road
Roseville, CA 95678
04/28/2026
2:00 pm $619,290.00
* Apparent Low Bidder
Exhibit A

Item # 8.

CITY OF GRASS VALLEY

PUBLIC WORKS DEPARTMENT

ENGINEERING DIVISION

NOTICE TO CONTRACTORS,

SPECIAL PROVISIONS, AND

CONSTRUCTION CONTRACT
FOR

WASTEWATER TREATMENT PLANT BOILER REPLACEMENT

PROJECT
PROJECT NO. 26-01
Exhibit B

Item # 8.

WASTEWATER TREATMENT PLANT BOILER REPLACEMENT

PROJECT
PROJECT NO. 26-01
~'
City Engineer
Date

Item # 8.

WASTEWATER TREATMENT PLANT BOILER REPLACEMENT PROJECT Notice to Contractors-Page 1 of 3

CITY OF GRASS VALLEY

PUBLIC WORKS DEPARTMENT

ENGINEERING DIVISION

NOTICE TO CONTRACTORS
Sealed proposals for the work shown on the plans entitled:

WASTEWATER TREATMENT PLANT BOILER REPLACEMENT PROJECT
PROJECT NO. 26-01
Bids will be received at the City of Grass Valley, Engineering Division, 125 East Main Street, Grass Valley, CA 95945 until 3:30 P.M. on APRIL 21, 2026, at which time they will be publicly opened and read aloud at said address. Any protest regarding the award of the contract must be submitted pursuant to the instructions stated in the special provisions.

GENERAL WORK DESCRIPTION:

The scope of work, in general, includes; purchase of a new sludge heater/boiler, removal of the existing equipment, and installation of the new equipment. Other related items not mentioned above, that are required by the plans, specifications or these Special Provisions shall be performed, placed, constructed, or installed.

Project Location: Grass Valley Sewer Treatment Plant, 556 Freeman Lane, in Grass Valley, California The Engineer's estimate for this project is $500,000.00 The time of completion shall consist of 10 Working Days BID INFORMATION:

Bids are required for the entire work described herein. The City of Grass Valley reserves the right to postpone the date and time for the opening of proposals at any time prior to the date and time announced in the advertisement in accordance with applicable law.

No pre-bid meeting is scheduled for this project.

The City of Grass Valley reserves the right to reject any and all bids or to waive any minor defects or irregularity in bidding in accordance with applicable law. In accordance with California Public Contract Code Section 20103.8, if the City elects to award a contract for performance of the project, the contract will be awarded in accordance with California Public Contract Code Section 20162 and other applicable law to the responsible bidder submitting a responsive bid with the lowest total bid price for the base bid without consideration of the bid price for any additive or deductive items. All bids will remain valid for 90 days after the bid opening. Except as permitted by law and subject to all applicable remedies, including forfeiture of bidder’s security, bidders may not withdraw their bid during the 90 day period after the bid opening.

This contract is subject to state contract nondiscrimination and compliance requirements pursuant to Government Code, Section 12990.

Attention is directed to the requirements specified in Section 3-1.06, "Contractor License", of the Standard Specifications. The Contractor shall possess a valid California Class “A” Contractor's License, or a combination of the following classes: C10 - Electrical Contractorand C36 - Plumbing Contractor, and all other classes required by the categories and types of work included in the contract at the time of the bid award. All licenses shall remain in effect throughout the term of the contract.

Item # 8.

WASTEWATER TREATMENT PLANT BOILER REPLACEMENT PROJECT Notice to Contractors-Page 2 of 3 Plans, specifications and proposal forms for bidding this project can be obtained via download of an electronic copy of the bid set free of charge from the City’s website at http://www.cityofgrassvalley.com/departments/engineering/rfpsrfqs-and-current-bids.

The City reserves the right, during the bid process and prior to the deadline for submitting bids, to issue one or more addenda, clarifications, or other communication concerning the bid process, including possible changes as to the time, place, and manner for submitting bids. The City will provide this information to any potential bidder who has obtained a bid package directly from the City. The City will also provide notice of the availability of revisions/addenda to any potential bidder who has obtained a bid package electronically from a contractor bid room or other source, if that bidder has provided a request for revisions, including the bidder's name, company, mailing address, phone number, email or fax number and the project name that the bidder is requesting notifications for. The request for revisions shall be submitted as soon as possible, but no later than five (5) business days prior to the date specified for opening bids in the manner described below:
• Faxes: To the attention of the Project Manager, Catharine Dykes, at (530) 274-4399. • Emailed: To the attention of the Project Manager, Catharine Dykes at: [email protected] • Mailed: To the attention of the Project Manager, Catharine Dykes, City of Grass Valley, Engineering Division, 125 East Main Street, Grass Valley, CA 95945
Bidders who do not purchase bid documents directly from the City of Grass Valley, but who have requested to receive revisions as described above, shall only receive email and/or fax notices of the availability of revisions/addenda. It shall be the bidder’s responsibility to access the actual revisions/addenda as electronic copies from the City's website.

The City will also endeavor to provide such revisions/addenda to any contractor bid room which has requested copies of the bid documents. The City takes no responsibility for notifying a bidder who does not obtain bid documents from the City or does not provide the specified request for revisions to the City. Such bidder may be found non-responsive if that bidder fails to acknowledge, as set forth herein, any addenda or does not take into account any additional information provided by the City.

All questions concerning this project shall be provided in writing as soon as reasonably possible, but no later than five (5) working days before the date specified for opening bids. Questions received less than five (5) working days before the date specified for opening bids may not be answered. All questions must be received by the City, in the manner described below.
• Faxes: To the attention of the Project Manager, at (530) 274-4399. • Emailed: To the attention of the Project Manager at: [email protected] • Mailed: To the attention of the Project Manager, City of Grass Valley, Engineering Division, 125 East Main Street, Grass Valley, CA 95945
Bidders are responsible to confirm receipt of written questions by the Engineering Division. Additionally, the City will answer a bidder’s question only if the bidder provides the City a means for a response, including a telephone number, address, and fax number.

The City of Grass Valley hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

Pursuant to Section 1773 of the Labor Code, the general prevailing rate of wages for Nevada County have been determined by the Director of the California Department of Industrial Relations (DIR). These wages are set forth in the General Prevailing Wage Rates for this project, may be examined at the office of the Engineering Division, City of Grass Valley and are available from the California Department of Industrial Relations’ Internet web site at http://www.dir.ca.gov/DLSR/PWD. The Labor Surcharge and Equipment Rental Rates in effect on the date the work is accomplished will apply to work done under this Contract.

Item # 8.

WASTEWATER TREATMENT PLANT BOILER REPLACEMENT PROJECT Notice to Contractors-Page 3 of 3 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 Labor Code 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 Labor Code Section 1725.5 at the time the contract is awarded.

Dated: March 25, 2026
BJORN P. JONES

CITY ENGINEER

CITY OF GRASS VALLEY

ENGINEERING DIVISION

Item # 8.

WASTEWATER TREATMENT PLANT BOILER REPLACEMENT PROJECT Table of Contents - Page 1 of 2

TABLE OF CONTENTS
Page Number
INSTRUCTIONS TO BIDDERS ...................................................................................................................................... 1 SECTION 1 GENERAL SPECIFICATIONS AND PLANS........................................................................................... 7 1-1.01 GENERAL ........................................................................................................................................... 7 1-1.02 REVISED STANDARD SPECIFICATIONS AND STANDARD PLANS..................................... 7 1-1.03 DEFINITIONS AND TERMS ............................................................................................................ 7 SECTION 2BIDDING ....................................................................................................................................................... 8 2-1.01 GENERAL ........................................................................................................................................... 8 2-1.02 REQUIRED LISTING OF PROPOSED PRODUCTS “OR EQUALS”........................................ 9 2-1.03 SUBCONTRACTOR LIST................................................................................................................. 9 2-1.04 BIDDER’S SECURITY....................................................................................................................... 9 2-1.05 NON-COLLUSION AFFIDAVIT...................................................................................................... 9 SECTION 3 CONTRACT AWARD AND EXECUTION............................................................................................... 9 3-1.01 GENERAL ........................................................................................................................................... 9 3-1.02 AWARD OF CONTRACT ...............................................................................................................10 3-1.03 CONTRACT BONDS........................................................................................................................10 SECTION 4BEGINNING OF WORK, TIME OF COMPLETION, AND LIQUIDATED DAMAGES.................10 4-1.01 GENERAL .........................................................................................................................................10 4-1.02 HOLIDAYS........................................................................................................................................11 4-1.03 PRE-CONSTRUCTION CONFERENCE.......................................................................................11 4-1.04 ARCHAEOLOGICAL FINDS .........................................................................................................11 4-1.05 EXTRA WORK ................................................................................................................................. 11 4-1.06 SCOPE OF WORK ...........................................................................................................................11 4-1.07 ELIMINATION OF ITEMS OF WORK ........................................................................................11 SECTION 5 GENERAL...................................................................................................................................................11 SECTION 5-1 MISCELLANEOUS ..........................................................................................................................11 5-1.01 LABOR NONDISCRIMINATION ..................................................................................................11 5-1.02 LABOR CODE REQUIREMENTS................................................................................................. 12 5-1.03 PREVAILING WAGE......................................................................................................................12 5-1.04 SUBCONTRACTING.......................................................................................................................12 5-1.05 PROMPT PROGRESS PAYMENT TO SUBCONTRACTORS ..................................................12 5-1.06 PROMPT PAYMENT OF WITHHELD FUNDS TO SUBCONTRACTORS ............................13 5-1.07 PAYMENTS.......................................................................................................................................13 5-1.08 INTEREST ON PAYMENTS...........................................................................................................13 5-1.09 WITHHOLDS....................................................................................................................................13 5-1.10 PLANS AND WORKING DRAWINGS..........................................................................................13 5-1.11 EXAMINATION OF PLANS, SPECIFICATIONS, CONTRACT, AND SITE OF WORK .....13 5-1.12 VALUE ENGINEERING .................................................................................................................13 5-1.13 RESPONSIBILITY TO OTHER ENTITIES .................................................................................14 5-1.14 AREAS FOR CONTRACTOR'S USE.............................................................................................14 5-1.15 SOUND CONTROL REQUIREMENTS ........................................................................................14 5-1.16 PROJECT APPEARANCE..............................................................................................................14 5-1.17 RECORDS..........................................................................................................................................15 5-1.18 CONTRACTOR'S LICENSING LAWS .........................................................................................15 5-1.19 ARBITRATION................................................................................................................................. 15 5-1.20 NOTICE OF POTENTIAL CLAIM................................................................................................17 5-1.21 FINAL PAYMENT AND CLAIMS ................................................................................................. 17 5-1.22 SURFACE MINING AND RECLAMATION ACT.......................................................................17 5-1.23 REMOVAL OF ASBESTOS AND HAZARDOUS SUBSTANCES .............................................17 5-1.24 EXCAVATION SAFETY PLANS ...................................................................................................18 5-1.25 AIR POLLUTION CONTROL........................................................................................................18

Item # 8.

WASTEWATER TREATMENT PLANT BOILER REPLACEMENT PROJECT Table of Contents - Page 2 of 2 5-1.26 PERMITS...........................................................................................................................................18 5-1.27 INSURANCE .....................................................................................................................................18 5-1.27.1 WORKER'S COMPENSATION AND EMPLOYERS LIABILITY INSURANCE.........18 5-1.27.2 GENERAL LIABILITY INSURANCE ................................................................................19 5-1.27.3 CONFORMITY OF COVERAGES......................................................................................19 5-1.27.4 ADDITIONAL REQUIREMENTS.......................................................................................19 5-1.27.5 ENDORSEMENTS .................................................................................................................20 5-1.27.6 AUTOMOBILE LIABILITY INSURANCE........................................................................20 5-1.28 WARRANTY .....................................................................................................................................20 SECTION 6 (BLANK)......................................................................................................................................................20 SECTION 7 (BLANK)......................................................................................................................................................20 SECTION 8 (BLANK)......................................................................................................................................................20 SECTION 9 (BLANK)......................................................................................................................................................20 SECTION 10 CONSTRUCTION DETAILS ..........................................................................................................20 SECTION 10-1 GENERAL .........................................................................................................................................20 10-1.01 SCOPE OF WORK ...........................................................................................................................21 10-1.02 REQUEST FOR INFORMATION ..................................................................................................21 10-1.03 WATER POLLUTION CONTROL................................................................................................21 10-1.03.1 GENERAL................................................................................................................................21 10-1.03.2 WATER POLLUTION CONTROL IMPLEMENTATION.....................................................22 10-1.03.3 PAYMENT ...............................................................................................................................22 10-1.03.4 CONSTRUCTION SITE MANAGEMENT.............................................................................22 10-1.04 PROPERTY AND FACILITY PRESERVATION.........................................................................29 10-1.05 COOPERATION...............................................................................................................................29 10-1.06 OBSTRUCTIONS .............................................................................................................................30 10-1.07 MOBILIZATION ...............................................................................Error! Bookmark not defined.

CONSTRUCTION CONTRACT………………………………………………………………………………APPENDIX A PROJECT PLANS & EQUIPMENT SPECIFICATIONS……...……………………………………………APPENDIX B PROPOSAL AND BIDDER’S CERTIFICATE……………………………………………. SEPARATE ATTACHMENT

Item # 8.

WASTEWATER TREATMENT PLANT BOILER REPLACEMENT PROJECT Special Provisions- Page 1 of 31

CITY OF GRASS VALLEY

ENGINEERING DIVISION

SPECIAL PROVISIONS

WASTEWATER TREATMENT PLANT BOILER REPLACEMENT
PROJECT NO. 25-01

INSTRUCTIONS TO BIDDERS

1. BIDDER’S REPRESENTATIONS
Each bidder by submitting a bid represents that:

1.1. The bidder has read and understands the bid package and the bid is in accordance with all of the requirements of the bid package and applicable law.

1.2. Neither the bidder nor any subcontractor included on the list of proposed subcontractors submitted with the bid are ineligible to perform work on public works projects pursuant to California Labor Code Sections 1777.1 or 1777.7.

1.3. The bidder understands that quantities of unit price items may vary from the estimates provided in the Special Provisions, proposal, technical specifications, and construction contract.

1.4. Representatives of the bidder have visited the Project site and have familiarized themselves with the conditions under which the Project work is to be performed to ensure that the Project work may be performed for the amount bid.

1.5. The bidder has informed the City in writing no later than five (5) working days prior to the time specified for bid opening of any apparent conflicts, errors, or ambiguities contained in the bid package or between the contents of the bid package and the Project site.

2. PRE-BID COMMUNICATION AND INTERPRETATION OF THE BID PACKAGE

2.1. Any bidder that discovers any apparent conflicts, errors, or ambiguities contained in the bid package or between the contents of the bid package and the Project site, or that has questions or requires clarification concerning the bid package or its intent must inform the City in writing as soon as reasonably possible, but no later than five (5) working days before the date specified in the bid opening. Such notice shall be sent as specified in the Notice to Contractors for questions concerning the bid package. Questions received less than five (5) working days before the time specified for opening bids may not be answered.

2.2. Any interpretation, correction or change of the bid package prior to bid opening will be made by addendum signed by the City Engineer and transmitted to all bid package recipients. No other interpretation or information concerning the bid package issued prior to the date specified for opening bids will be binding. All addenda signed by the City Engineer and issued prior to the time and date specified for opening bids will form a part of the contract documents and must be acknowledged on the bid forms. Any changes, exceptions or conditions concerning the Project and/or the bid package submitted by any bidder as part of a bid may render that bid nonresponsive.

2.3. The City takes no responsibility for notifying a bidder who does not obtain bid documents from the City or does not provide the specified Request for Revisions statement to the City. Such bidder may be found non-responsive if that bidder fails to acknowledge, as set forth herein, any addenda or does not take into account any additional information provided by the City.

2.4. No other interpretation or information concerning the bid package issued prior to the date specified for opening bids will be binding. All addenda signed by the City Engineer and issued prior to the time and date specified for opening bids will form a part of the contract documents and must be acknowledged on the bid forms. Any

Item # 8.

WASTEWATER TREATMENT PLANT BOILER REPLACEMENT PROJECT Special Provisions- Page 2 of 31 changes, exceptions or conditions concerning the Project and/or the bid package submitted by any bidder as part of a bid may render that bid non-responsive.

3. PRE-BID ACCESS TO THE SITE

3.1. Prior to submitting a bid, it will be the sole responsibility of each bidder to conduct any additional examination, investigation, exploration, test, study or other inquiry and to obtain any additional information pertaining to the physical conditions (including surface, subsurface, and underground utilities) at or near the Project site that may affect the cost, progress, or performance of the Project, and that the bidder deems are necessary to prepare its bid for performance of the Project in accordance with the bid package and contract documents. Bidders seeking any such additional examination or other inquiries or information concerning the Project will do so at the bidder’s sole expense.

3.2. Bidders seeking to conduct any additional examination or other inquiry at the Project site must request site access from the City at least two (2) working days in advance. The location of any excavation, boring or other invasive testing will be subject to approval on behalf of the City and any other agencies with jurisdiction over such testing.

Bidders may not conduct tests at the Project site prior to obtaining City approval. The City may require bidders to execute an access agreement or encroachment permit prior to approving testing at the Project site. Once approved testing is complete, bidders shall fill all trenches or holes, restore all pavements to match the existing structural section, and otherwise clean up and restore the test site to its pre-test condition solely at the bidder’s expense.

3.3. The Bidder’s attention is directed to the requirements of Section 2-1.30, “Job Site and Documentation Examination,” of the Standard Specifications and these Special Provisions.

4. BIDDING PROCEDURE

4.1. Bids shall be delivered to the City of Grass Valley, Engineering Division, 125 East Main Street, Grass Valley, CA 95945, no later than the time and date specified in the Notice to Contractors. Bids will be opened and read publicly at that time. Bids that are submitted late according to the time shown on the official bid clock located in City Hall will be returned unopened. Telephones for use by bidders are not available at the City offices.

4.2. In accordance with California Public Contract Code Section 20170, bids must be presented under sealed cover.

Bids must be submitted using the proposal forms furnished with the bid package. Bids must include all documents provided in the Proposal. Bids must bear the bidder’s legal name and be signed by a representative authorized to bind the bidder. Bids shall be typed or written in ink. Corrections may be made if initialed by the bidder. No oral or telegraphic modifications of bids, including facsimile modifications, will be considered. Bids that are incomplete or that are not presented on the proposal forms furnished with the bid package may be deemed nonresponsive.

4.3. Each bid must give the full business address of the bidder. Bids of partnerships must furnish the full name of all partners and must be signed in the partnership name by one of the members of the partnership, or by an authorized representative, followed by the printed name and title of the person signing. Bids of corporations must be signed with the legal name of the corporation, followed by the name of the state of incorporation and by the signature and designation of the president, secretary or other person authorized to bind the corporation. The name of each person signing shall also be typed or printed below the signature. Upon request of the City, bidders will furnish satisfactory evidence of the authority of the person signing the bid. Bids of joint ventures must include a certified copy of the legal agreement constituting the joint venture.

4.4. No person, firm, corporation, partnership, or legal joint venture may submit more than one bid for the Project.

However, a person, firm, corporation, partnership or legal joint venture that has submitted a subcontract proposal to a bidder, or that has quoted prices on materials to a bidder may submit a subcontract proposal, quote prices to other bidders and submit its own bid.

4.5. In accordance with California Public Contract Code Section 20171, all bids must include one of the forms of security specified in Caltrans Standard Specifications in an amount of at least ten (10) percent of the total of the bid prices. Bidders that elect to provide bidder’s security in the form of a bid bond must execute a bid bond using the form provided in the bid forms. The bidder’s security is tendered as a guarantee that the successful bidder, if awarded the Project contract, will execute and submit to the City all required bonds, certificates of insurance, and completed contract forms and enter into a contract with the City within ten (10) working days of receipt of the

Item # 8.

WASTEWATER TREATMENT PLANT BOILER REPLACEMENT PROJECT Special Provisions- Page 3 of 31 Notice of Award. The bidder’s security of any successful bidder that fails to do so will be forfeited to the City. All bidders’ security not forfeited to the City will be returned once a successful bidder provides all required documents and enters a contract with the City in accordance with all applicable bid package requirements. Forfeiture of the bidder’s security to the City will not waive or otherwise limit any other remedy available to the City under applicable law.

4.6. In accordance with California Business and Professions Code Section 7028.15, Public Contract Code Section 20103.5, and as specified in the Notice to Contractors, all Project work must be performed by properly licensed contractors and subcontractors with active licenses in good standing as of the date and time specified for bid opening, or, if the Project involves federal funds, no later than the time the Project contract is awarded. Bidders must verify their Contractor’s license number and license expiration date on the proposal cover page under penalty of perjury. Bids that do not satisfy applicable licensing requirements will be considered non-responsive and rejected and may subject the bidder to criminal and/or civil penalties. In addition, all licenses shall remain in effect throughout the term of the contract.

4.7. Bids may be withdrawn prior to the time set for bid opening by a written request signed by an authorized representative of the bidder filed with the City Engineer. The bid security submitted with bids so withdrawn will be returned to the bidder. Bidders that have withdrawn their bid in accordance with this provision may submit a new bid prior to the time set for bid opening in accordance with all applicable bid package requirements. Bids may not be withdrawn during the ninety-day period after the time set for bid opening except as permitted by law pursuant to California Public Contract Code Section 5100 and following. Any other bid withdrawal will result in forfeiture of the bidder’s bid security to the City.

4.8. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professional Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment to the parties.

5. BID PROTESTS
Any protest of the proposed Project award must be submitted in writing to the City no later than 5:00 PM on the third business day following the date of the bid opening.

5.1. The initial protest must contain a complete statement of the basis for the protest.

5.2. The protest must state the facts and refer to the specific portion of the document or the specific statute that forms the basis for the protest. The protest must include the name, address, and telephone number of the person representing the protesting party.

5.3. The party filing the protest must concurrently transmit a copy of the initial protest to the apparent low bidder.

5.4. The party filing the protest must have actually submitted a bid for the Project. A subcontractor of a party filing a bid for the Project may not submit a bid protest. A party may not rely on the bid protest submitted by another bidder, but must timely pursue its own protest.

5.5. The procedure and time limits set forth in these Instructions to Bidders are mandatory and are the bidders’ sole and exclusive remedy in the event of a bid protest. Any bidder’s failure to fully comply with these procedures shall constitute a waiver of any right to further pursue a bid protest, including filing of a challenge of the award pursuant to the California Public Contract Code, filing of a claim pursuant to the California Government Code, or filing of any other legal proceedings.

5.6. The City shall review all timely protests prior to award of the Project. The City shall not be required to hold an administrative hearing to consider any protests, but may do so at its option. At the time of the City Council’s consideration of the Project award, the City Council shall also consider the merits of any timely protests. The City Council may either reject the protest and award to the lowest responsible bidder or accept the protest and award

Item # 8.

WASTEWATER TREATMENT PLANT BOILER REPLACEMENT PROJECT Special Provisions- Page 4 of 31 the bid to the next lowest responsible bidder. Nothing in this section shall be construed as a waiver of the City Council’s right to reject all bids.

6. AWARD

6.1. The bidder’s attention is directed to the provisions in Section 3, “Contract Award and Execution”, and Section 4, “Beginning of Work, Time of Completion and Liquidated Damages,” of these Special Provisions.

6.2. In accordance with applicable law, the City reserves the right to reject any or all bids and to waive any informality in any bid. The City reserves the right to accept any portion of any bid, unless the bid package expressly provides that the award will be made as a whole. If the City elects to award a contract for performance of the Project, the contract will be awarded in accordance with California Public Contract Code Section 20162 and other applicable law to the responsible bidder submitting a responsive bid with the lowest total bid price for the base bid and those additive or deductive alternate items listed in the Proposal. In accordance with the contract documents and other applicable law, the City may add or deduct items of work from the Project after the lowest responsible bidder is determined.

6.3. The contract shall be awarded, if an award is made, to the lowest responsible bidder within 90 calendar days from the date bids are publicly opened and declared. If the award is not made within that period, all bids submitted are deemed rejected by the governing body.

A contract shall exist between the Contractor and the City when all of the following steps have been completed. (a) Award of the contract by the governing body.
(b) Execution of a written contract by the Contractor within ten (10) working days of receipt of written notice of award.
(c) Delivery by the Contractor to the City, the Faithful Performance and Labor and Materials bonds required herein, within ten (10) working days of receipt of written notice of award. (d) Delivery by the Contractor to the City, all City-approved Insurance Policies, on the appropriate forms, as required, within ten (10) working days of receipt of written notice of award.

Contractor shall execute a written agreement with the City using the form set forth hereafter.

6.4. The successful bidder and any subcontractors and others engaged in performance of the Project shall have valid local business licenses, as applicable, before commencing work on the Project.

6.5. Upon verifying that the successful bidder has provided complete, executed copies of all documents specified necessary to execute the contract and an authorized City representative has signed the contract, the Engineering Division will issue a Notice to Proceed in accordance with Section 4, “Beginning of Work, Time of Completion and Liquidated Damages,” of these Special Provisions. The number of days within which the Project must be complete begins to run on the project commencement date.

7. PRICING

7.1. Inconsistency of bid unit items, item prices, and/or totals shall be resolved in accordance with the requirements specified in the Proposal.

7.2. Any federal, state, or local tax payable on articles to be furnished for the Project shall be included in the lump sum total bid price and paid by the Contractor under the contract.

8. QUANTITIES

8.1. Quantities, including but not limited to, material or labor quantities, that are provided in the bid package concerning the Project are estimates only and are provided solely as a general indication of the Project scope. The City does not warrant that such quantity estimates provided in the bid package represent the actual quantities required to perform the Project in accordance with the contract documents. Such quantity estimates do not bind the

Item # 8.

WASTEWATER TREATMENT PLANT BOILER REPLACEMENT PROJECT Special Provisions- Page 5 of 31 City and bidders should not rely on them in preparing their bids. Each bidder is solely responsible for determining the quantities on which to base their bids in light of information contained in the bid package, bidder investigation and analysis of the Project and the Project site, and any other analysis or expertise of the bidder concerning the Project.

8.2. The City may amend, decrease or increase the Project work in accordance with the bidding package and the contract documents. If the City amends, decreases or increases the Project work prior to award of the Project, each bidder will be solely responsible for determining the revised quantities, if any, on which to base their bid in light of information contained in the bid package and any amendments or addenda to the bid package, bidder investigation and analysis of the Project as amended, decreased or increased, the Project site, and any other analysis or expertise of the bidder concerning the Project.

9. SUBSTITUTION OF “OR EQUAL” ITEMS

9.1. In accordance with California Public Contract Code Section 3400 concerning the submittal of an “or Equal” product, bidder’s attention is directed to the requirements of Section 2-1.02, “Required Listing of Proposed Products “or Equals” with Bid Proposal” of these Special Provisions, and the Proposal.

10. SUBCONTRACTING

10.1. Bids must be in accordance with the requirements of the Subletting and Subcontracting Fair Practices Act, California Public Contract Code Section 4100 and the following. Bids must include a completed list of proposed subcontractors on the form included in the bid package. In accordance with California Public Contract Code Section 4104, completed lists of proposed subcontractors must include the name, business location, the portion (type or trade), and dollar amount of the Project work to be subcontracted for each subcontractor that will perform a portion of the Project work (including special fabrication and installation of a portion of the work) valued in excess of one half on one percent of the total Project bid price. If the Project work includes construction of streets or highways, the completed list of proposed subcontractors must include the subcontractor name, business location, type of work and dollar amount to be subcontracted for each subcontractor that will perform a portion of the Project work (including special fabrications and installation of a portion of the work) valued in excess of one half of one percent of the total Project bid price, or ten thousand dollars ($10,000), whichever is greater.

10.2. In accordance with California Public Contract Code Section 4106, for any portion of the Project work with a value of more than one half of one percent of the total Project bid price for which no subcontractor is listed, or for which more than one subcontractor is listed, bidders certify by submitting their bids that they are qualified to perform that portion of the Project work and that they will perform that portion of the Project work with their own forces.

Bidders may not substitute another subcontractor for a subcontractor listed in their bid except as permitted by the City in accordance with Section 4107 and following of the California Public Contract Code.

10.3. Bidder’s attention is directed to the requirements specified in “Subcontracting,” of these Special Provisions and the Proposal.

11. ASSIGNMENT

11.1. Bidders may not assign, sublet, sell, transfer, or otherwise dispose of their bid or any right, title or interest in their bid, or their obligations under their bid, without the written consent of the City Engineer. Any purported assignment, subletting, sale, transfer or other disposition of a bid or any interest in a bid, or of any obligations under a bid without such written consent will be void and of no effect.

11.2. Bidder’s attention is directed to the requirements specified in Section 5-1.12, “Assignment,” of the Construction Specifications.

12. BONDS

12.1. The successful bidder shall submit to the City a performance bond within ten (10) working days of receiving written notice of award. The successful bidder shall submit to the City a payment or labor and materials bond within ten (10) working days of receiving written notice of award. City shall retain the Performance Bond for a one-year guarantee period from the date of the City’s acceptance of the work. All Project bonds shall be executed using the forms provided in the bid package.

Item # 8.

WASTEWATER TREATMENT PLANT BOILER REPLACEMENT PROJECT Special Provisions- Page 6 of 31

12.2. The bonds shall be obtained from a California admitted surety that is licensed by the State of California to act as a surety upon bonds and undertakings and which maintains in this State at least one office for the conduct of its business. The surety shall furnish reports as to its financial condition from time to time upon request by City.

12.1. In accordance with California Civil Code Section 9550, labor and materials bond must be in the amount of one hundred percent of the total amount payable by the terms of the Project contract and guarantee payment to persons listed in California Civil Code Section 9100 for work performed and for charges for materials, supplies, and equipment provided under the Project contract (including amounts due under or subject to the Unemployment Insurance Code) in accordance with the requirements of California Civil Code Section 9554.

12.2. The performance bond must be in the amount of one hundred percent of the amount payable by the terms of the Project contract to guarantee the faithful performance of the Project work.

12.3. Bidder’s attention is directed to the requirements specified in Section 3-1.05, “Contract Bonds,” and “Warranty,” of these Special Provisions, and the Contract.

13. LABOR LAWS

13.1. Bidders must comply with applicable provisions of the California Labor Code.

13.2. In accordance with California Labor Code Section 1771, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the Project is to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided in the California Labor Code shall be paid to all workers engaged in performing the Project.

13.3. In accordance with California Labor Code Section 1770 and following, the Director of Industrial Relations has determined the general prevailing wage per diem rates for work in the locality in which the Project is to be performed. In accordance with California Labor Code Section 1773, the City has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in the locality in which the Project is to be performed for each craft, classification or type of worker needed to perform the Project. In accordance with California Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for Nevada County are on file at the City offices, 125 E. Main Street, Grass Valley, California 95945. These wage rates are not included in the Special Provisions but will be made available on request.

13.4. In accordance with California Labor Code Section 1777.1, contractors and subcontractors that are found guilty of willfully violating Chapter 1 of Part 7 of Division 2 of the Labor Code (except for Section 1777.5), or that are found guilty of such violations with intent to defraud, and entities in which such contractors or subcontractors have any interest, may be ineligible to bid on, be awarded, or perform Project work as a subcontractor.

13.5. 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.

13.6. Bidder’s attention is directed to the requirements specified in “Prevailing Wage, “Labor Nondiscrimination,” and “Labor Code Requirements,” of these Special Provisions, and Section 7-1.02K, "Labor Code", of the Standard Specifications.

Item # 8.

WASTEWATER TREATMENT PLANT BOILER REPLACEMENT PROJECT Special Provisions- Page 7 of 31 SECTION 1 GENERAL SPECIFICATIONS AND PLANS
1-1.01 GENERAL
The work embraced herein shall be done in accordance with the Project Plans, Standard Specifications and Standard Plans dated 2018 of the Department of Transportation, and the City of Grass Valley’s Improvement Standards and in accordance with the following Special Provisions.

Amendments to the Department of Transportation’s Standard Specifications set forth in these Special Provisions shall be considered as part of the Standard Specifications for the purposes set forth in Section 5-1.02, “Contract Components” of the Standard Specifications and are included as Attachment A to these Special Provisions. Whenever either the term “Standard Specification is amended” or the term “Standard Specifications are amended” is used in the Special Provisions, the text following said term shall be considered an amendment to the Standard Specifications. In case of conflict between such amendments and the Standard Specifications, the amendments shall take precedence over and be used in lieu of the conflicting portions.

In case of conflict between the City of Grass Valley’s Improvement Standards, and these Special Provisions, the Special Provisions shall govern, take precedence over, and be used in lieu of such conflicting portions. The Department of Transportation’s Standard Specifications and Standard Plans shall govern over the City of Grass Valley’s Improvement Standards.

Units in the United States Standard Measures shall apply to this contract. 1-1.02 REVISED STANDARD SPECIFICATIONS AND STANDARD PLANS All references to the Department of Transportation’s Standard Specifications and Standard Plans shall be considered to include any revisions issued by the Office of Construction Contract Standards in effect at the time of printing of these Special Provisions.

Revised Standard Specifications and Standard Plans can be found on the Caltrans website as provided in the following link: http://www.dot.ca.gov/des/oe/construction-contract-standards.html. 1-1.03 DEFINITIONS AND TERMS
As used herein, unless the context otherwise requires, the following terms have the following meaning:

City: City of Grass Valley.

City Engineer: The City Engineer of the City of Grass Valley, State of California.

City Hall: The City building located at 125 East Main Street, Grass Valley, California, 95945.

Contract Documents: All of the written matter describing the contemplated work, including the Plans, Special Provisions, Improvement Standards, Bonds, Agreement, and any approved Change Orders.

Department: The Engineering Department of the City of Grass Valley, State of California, except when referring to documents, laws or departments of the State of California. Any reference in question shall be as designated by the Engineer.

Department of Transportation: The Engineering Division of the City of Grass Valley, State of California, except when referring to documents, laws or departments of the State of California. Any reference in questions shall be as designated by the Engineer.

Director of Transportation: The City Engineer of the City of Grass Valley, State of California.

District Director of the District: The City Engineer of the City of Grass Valley, State of California.

Engineer: The City Engineer of the City of Grass Valley, State of California, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them.

Improvement Standards: The Design Standards, Construction Standards and Standard Details of the City of Grass Valley Public Works Department, Engineering Division
Laboratory: The established laboratory of the Materials and Research Department of the Department of Transportation of the State of California or laboratories authorized by the Engineer to test materials and work involved in the Contract, except

Item # 8.

WASTEWATER TREATMENT PLANT BOILER REPLACEMENT PROJECT Special Provisions- Page 8 of 31 when referring to documents, laws or departments of the State of California. Any reference in question shall be as designated by the Engineer
Standard Plans: The latest edition of the Standard Plans of the State of California, Department of Transportation including any revisions to the Standard Plans issued by the Office of Construction Contract Standards in effect at the time of printing of these Special Provisions. Any reference therein to the State of California or a State agency, office, or officer shall be interpreted to refer to the City or it's corresponding agency, office, or officer acting under this contract.

Standard Specifications: The latest edition of the Standard Specifications of the State of California, Department of Transportation including any revisions to the Standard Specifications issued by the Office of Construction Contract Standards in effect at the time of printing of these Special Provisions. Any reference therein to the State of California or a State agency, office, or officer shall be interpreted to refer to the City or its corresponding agency, office, or officer acting under this contract.

State: The City of Grass Valley, except when referring to documents, laws or departments of the State of California. Any reference in question shall be as designated by the Engineer.

State Highway Engineer: The City Engineer of the City of Grass Valley, State of California, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them.

Transportation Building, Sacramento: City Hall of the City of Grass Valley, State of California except when referring to documents, laws or departments of the State of California. Any reference in question shall be as designated by the Engineer.

Working Day: Monday through Friday, except holidays, from 7am to 7pm, or as further specified in these Special Provisions.

Contractor’s attention is directed to the definitions and terms specified in Section 1, “Purpose and Definitions,” of the Design Standards and Section 1, “Purpose and Definitions,” of the Construction Standards.

SECTION 2 BIDDING
2-1.01 GENERAL
The bidder's attention is directed to the provisions in Section 2, "Bidding," of the Standard Specifications and these Special Provisions for the requirements and conditions which the bidder must observe in the preparation of the proposal form and the submission of the bid.

Each proposal shall include unit costs, and total costs for the base bid.

Bidders are required to specify a physical business street address to receive certified mail in accordance with the Proposal. The City shall be notified in writing a minimum of thirty (30) days in advance of any changes of address.

Section 2-1.06A, “General,” of the Standard Specifications is replaced in its entirety with the following:

Improvement Standards may be viewed at the City of Grass Valley’s website:
http://www.cityofgrassvalley.com/services/departments/engineering/Standard_Specifications_and_Drawings The Notice to Contractors, Special Provisions, and Construction Contract, Proposal and Bidder’s Certificates and Improvement Plans may be viewed at the City of Grass Valley website, http://www.cityofgrassvalley.com/services/departments/engineering/rfpsrfqs-and-current-bids, or at City Hall at 125 East Main Street, Grass Valley, CA 95945. The Proposal form is bound separate from the Contract and the Special Provisions.

In addition to the subcontractors required to be listed in conformance with, “Subcontractor List,” of these Special Provision, each proposal shall have listed therein the portion of work that will be done by each subcontractor listed. The listing subcontractor shall also set forth the portion of work that will be done by each subcontractor listed. A sheet for listing the subcontractors is included in the Proposal.

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 Labor Code 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.

In conformance with Public Contract Code Section 7106, a Noncollusion Affidavit is included in the Proposal. Signing the Proposal shall also constitute signature of the Noncollusion Affidavit.

Item # 8.

WASTEWATER TREATMENT PLANT BOILER REPLACEMENT PROJECT Special Provisions- Page 9 of 31 The contractor, sub recipient 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 part 26 in the award and administration of Department of Transportation 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.

Failure of the bidder to fulfill the requirements of the Special Provisions for submittals required to be furnished after bid opening, including but not limited to escrowed bid documents, where applicable, may subject the bidder to a determination of the bidder’s responsibility in the event it is the apparent low bidder on any future public works contracts. 2-1.02 REQUIRED LISTING OF PROPOSED PRODUCTS “OR EQUALS” On the sheet provided herein, to be submitted as part of the proposal, the bidder shall list each proposed substitution of an “equal” product. The bidder shall identify the proposed substitution by the section of the specifications that specifies the product, the name of the product proposed to be substituted out, and the name and manufacturer of the product proposed to be substituted. Prior to the award of the Contract and upon the request of the Engineer, the bidder shall submit the written request for substitution within three (3) days. The request shall be accompanied by evidence satisfactory to the Engineer that the materials and products proposed for use are equal to or better than the materials and products specified or detailed on the plans. The burden of proof as to the quality and suitability of substitutions shall be upon the bidder. Failure to submit the information as requested by the Engineer shall be deemed a voluntary withdrawal of the proposed substitution.

No requests for any substitution shall be allowed unless listed on the sheet provided. No requests for substitution shall be allowed after the opening of the bid. Requests for substitution shall be reviewed and considered by the Engineer promptly after the award of the contract to the lowest responsible Bidder. In its sole discretion, the Engineer may request additional information about the proposed substitution.

The decision by the Engineer as to whether a proposed substitution is an “Equal” product shall be made by the Engineer based upon the information submitted and will be final.

The Engineer will be the sole judge as to whether a proposed substitution is an “Equal” product. The Engineer’s decision will be made based upon the information submitted and will be final.

A sheet for listing the proposed substitutions of an “Equal” product, as required herein, is included in the Proposal. 2-1.03 SUBCONTRACTOR LIST
Contractor’s attention is directed to the requirements of “Subcontractor List” of the Standard Specifications, the Proposal, and these Special Provisions.

For each Subcontractor required to be listed, the Subcontractor List included in the proposal must show the name and place of business, California contractor license number and Public Works contractor registration number of each Subcontractor to whom the bidders proposes to directly subcontract portions of the work.

Additionally, if not otherwise included in the Subcontractor List submitted with the bid, the prime contractor shall submit a completed Subcontractor List within 24 hours of the bid opening setting forth the bid item number and percentage of the item work that will be done by each Subcontractor listed.

A sheet for listing the subcontractors, as required herein, is included in the Proposal. 2-1.04 BIDDER’S SECURITY
The form of Bidder's Bond mentioned in "Bidder’s Security," of the Standard Specifications will be found following the signature page of the Proposal annexed hereto.
2-1.05 NON-COLLUSION AFFIDAVIT
In accordance with Public Contract Code 7106, a Non-Collusion Affidavit is included in the proposal.

SECTION 3 CONTRACT AWARD AND EXECUTION
3-1.01 GENERAL
The bidder's attention is directed to the provisions in Section 3, " Contract Award and Execution," of the Standard Specifications, “Award,” of the Instruction To Bidders of these Special Provisions, and these Special Provisions for the requirements and conditions concerning award, and execution of contract.

Bid protests are to be delivered to the following address: Engineering Division, 125 East Main Street, Grass Valley, CA 95945.

The award of the contract, if it be awarded, will be to the lowest responsible bidder whose bid complies with all the requirements prescribed.

Item # 8.

WASTEWATER TREATMENT PLANT BOILER REPLACEMENT PROJECT Special Provisions- Page 10 of 31 No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

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 10 days, not including Saturdays, Sundays and legal holidays, 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 following address: Engineering Division, 125 East Main Street, Grass Valley, CA 95945.
3-1.02 AWARD OF CONTRACT
The City of Grass Valley reserves the right to reject any and all bids or to waive any minor defects or irregularity in bidding in accordance with applicable law. In accordance with California Public Contract Code Section 20103.8, if the City elects to award a contract for performance of the project, the contract will be awarded in accordance with California Public Contract Code Section 20162 and other applicable law to the responsible bidder submitting a responsive bid with the lowest total bid price for the base bid without consideration of the bid price for any additive or deductive items. All bids will remain valid for 90 days after the bid opening. Except as permitted by law and subject to all applicable remedies, including forfeiture of bidder’s security, bidders may not withdraw their bid during the 90 day period after the bid opening. 3-1.03 CONTRACT BONDS
Contractor shall provide, at the time of the execution of the agreement or contract for work, and at his own expense, a surety bond ("Performance Bond") in an amount equal to at least 100 percent (100%) of the contract price as security for the faithful performance of said agreement within the time prescribed, in a manner satisfactory to the Engineer, and that all materials and workmanship will be free from original or developed defects. This Performance Bond must remain in effect until the end of all warranty periods set forth in the Special Provisions. Contractor shall also provide, at the time of the execution of the agreement or contract for the work, and at his own expense, a separate surety bond ("Payment Bond") in an amount equal to at least 100 percent (100%) of the contract price as security for the payment of all persons performing labor and furnishing materials in connection with said agreement. This Payment Bond shall be maintained by the Contractor in full force and effect until the work is accepted by the City and until all claims for materials and labor are paid, and shall otherwise comply with Civil Code. Sureties on each of said bonds shall be satisfactory to the City Attorney.

Should any bond become insufficient, the Contractor shall renew the bond within ten (10) working days after receiving notice from the Engineer.

Should any Surety at any time be unsatisfactory to the City, notice will be given the Contractor to that effect. No further payments shall be deemed due or will be made under said agreement until a new Surety shall qualify and be accepted by the City.

Changes in said agreement of extensions of time, made pursuant to the agreement, shall in no way release the Contractor or Surety from its obligations. Notice of such changes or extensions shall be waived by the Surety.

SECTION 4 BEGINNING OF WORK, TIME OF COMPLETION, AND LIQUIDATED DAMAGES 4-1.01 GENERAL
Attention is directed to the provisions in Section 8-1.04, "Start of Job Site Activities," Section 8-1.05, "Time," and Section 8-1.10, "Liquidated Damages," of the Standard Specifications, and “General Requirements,” of these Special Provisions.

The Contractor shall begin work by the date identified in writing in the Notice to Proceed by the City of Grass Valley and shall diligently prosecute the same before the expiration of • Between October 15th and March 31st, the boiler can be offline for 7 - 10 Days • Between April 1st and October 14th, the boiler can be offline for a maximum of 5 Days.

Beginning on the first day of work or the date stated in the Notice to Proceed, whichever comes first.

The first working day will not be determined until the Contractor has the new Sludge Heater/Boiler apparatus on hand.

The Contractor shall pay to City of Grass Valley the sum of $1,000 per day, as liquidated damages, for each and every calendar day delay in finishing the work in excess of the working days prescribed above. At the Engineer’s option, said sum may be deducted from any payment due to or to become due the Contractor.

The 72 hours advance notice before beginning work specified in Section 8-1.04, "Start of Job Site Activities," of the Standard Specifications is changed to 5 days advance notice for this project.

Work hours are flexible as the boiler room is out of the way of normal operations.

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WASTEWATER TREATMENT PLANT BOILER REPLACEMENT PROJECT Special Provisions- Page 11 of 31 4-1.02 HOLIDAYS
Designated legal holidays are: January 1st, the third Monday in January, the third Monday in February, the last Monday in May, July 4th, the first Monday in September, November 11th, Thanksgiving Day, the day after Thanksgiving day and December 24th, December 25th. When a designated legal holiday falls on a Sunday, the following Monday shall be a designated legal holiday. When a designated legal holiday falls on a Saturday, the preceding Friday shall be a designated legal holiday.
4-1.03 PRE-CONSTRUCTION CONFERENCE
A pre-construction conference will be held at the wastewater treatment plant for the purpose of discussing with the Contractor the scope of work, contract drawings, specifications, existing conditions, materials to be ordered, 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. A “Key Personnel and Emergency Phone Numbers” list (for which these key personnel could be contacted 24 hours per day, 7 days a week) shall be submitted to the City. Attendance by the Contractor or the Contractor's authorized representative is mandatory.

Full compensation for conforming to the provisions of this section, not otherwise provided for in other sections of these Special Provisions, shall be considered as included in the prices paid for the various Contract items of work involved and no additional compensation will be allowed.
4-1.04 ARCHAEOLOGICAL FINDS
All articles of archaeological interest, which may be uncovered by the Contractor during the progress of the work, shall be reported immediately to the Engineer. The further operations of the Contractor, with respect to the find will be decided under the direction of the Engineer.
4-1.05 EXTRA WORK
Section 4-1.05, “Changes and Extra Work,” of the Standard Specifications is amended by adding the following between the second and third paragraphs:

If in the opinion of the Engineer, such work cannot reasonably be performed concurrently with other items of work, and if a controlling item of work is delayed thereby, an adjustment of contract time will be made. 4-1.06 SCOPE OF WORK
Shall conform to the provisions of Section 4, "Scope of Work," of the Standard Specifications and these Special Provisions.
4-1.07 ELIMINATION OF ITEMS OF WORK
The Contractor’s attention is directed to Section 4-1.05, “Changes and Extra Work,” of the Standard Specifications concerning the elimination of items of work, and these Special Provisions.

SECTION 5 GENERAL
SECTION 5-1 MISCELLANEOUS

THE CONTRACTOR AND ALL SUBCONTRACTORS SHALL COMPLY WITH CALIFORNIA LABOR CODE SECTIONS 1774 AND 1775, AND RELATED CODES.
5-1.01 LABOR 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)
Your attention is called to the "Nondiscrimination Clause", set forth in Section 7-1.02I(2), "Nondiscrimination," of the Standard Specifications, which is applicable to all nonexempt State contracts and subcontracts, and to the "Standard

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WASTEWATER TREATMENT PLANT BOILER REPLACEMENT PROJECT Special Provisions- Page 12 of 31 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. 5-1.02 LABOR CODE REQUIREMENTS
For all new projects awarded on or after April 1, 2015, the contractors and subcontractors must furnish electronic certified payroll records to the Labor Commissioner. After January 1, 2015, the requirement to furnish electronic certified payroll records to the Labor Commissioner will apply to all public works projects, whether new or ongoing.

Attention is directed to the provisions in Section 7-1.02K(5), "Working Hours" and Section 7-1.02K(3), "Certified Payroll Records" of the Standard Specifications.
5-1.03 PREVAILING WAGE
Attention is directed to the provisions in Section 7-1.02K(2), "Wages” of the Standard Specifications.

The general prevailing wage rates and any applicable changes to these wage rates determined by the Director of Industrial Relations for Nevada County, may be examined at the City of Grass Valley Engineering Division Office and are available from the California Department of Industrial Relations’ Internet web site at http://www.dir.ca.gov/DLSR/PWD.

These wage rates are not included in the Proposal and Construction Contract for the project. Changes, if any, to the general prevailing wage rates will be available at the same location.

The general prevailing wage rates and any applicable changes to these wage rates determined by the United States Department of Labor, Branch of Construction Wage Determinations, for Nevada County, are available at the City of Grass Valley Engineering Division Office located at 125 East Main Street, Grass Valley, CA 95945 [telephone (530) 274-4373].

Changes, if any, to the general prevailing wage rates will be available at the same location. General prevailing wage rates area also available on the California Department of Transportation website: http://www.dot.ca.gov/hq/esc/oe/federal-wages/.

The Contractor and any subcontractor shall pay each worker that is employed for any public work done under contract, not less than the higher of the prevailing wage rates as determined by the California Director of Industrial Relations and the United States Department of Labor, Branch of Construction Wage Determinations. 5-1.04 SUBCONTRACTING
Attention is directed to the provisions in Section 5-1.13, "Subcontracting," of the Standard Specifications and these Special Provisions.

All subcontractors doing work shall possess an appropriate valid California Contractor’s License for the type of work the subcontractor will perform at the time of the bid submittal and the license shall remain in effect throughout the duration of employment on the job.

All applicable license designations and numbers for Subcontractors doing work in excess of $10,000.00 shall be included on the LIST OF SUBCONTRACTORS within the Proposal.

No subcontract releases the Contractor from the contract or relieves the Contractor of their responsibility for a subcontractor’s work.

If the Contractor violates Pub Cont Code § 4100 et seq., the City of Grass Valley may exercise the remedies provided under Pub Cont Code § 4110. The City of Grass Valley may refer the violation to the Contractors State License Board as provided under Pub Cont Code § 4111.

The Contractor shall perform work equaling at least 30 percent of the value of the original total bid with the Contractor’s own employees and equipment, owned or rented, with or without operators.

Each subcontract must comply with the contract.

Submit copies of subcontracts upon request by the Engineer.

Before subcontracted work starts, submit a Subcontracting Request form.

Pursuant to the provisions in Section 1777.1 of the Labor Code, the Labor Commissioner publishes and distributes a list of contractors ineligible to perform work as a subcontractor on a public works project. This list of debarred contractors is available from the Department of Industrial Relations web site at: http://www.dir.ca.gov/DLSE/Debar.html Upon request by the Engineer, immediately remove and not again use a subcontractor who fails to prosecute the work satisfactorily.

5-1.05 PROMPT PROGRESS PAYMENT TO SUBCONTRACTORS
Attention is directed to the provisions in Sections 10262 and 10262.5 of the Public Contract Code concerning prompt payment to subcontractors. A prime contractor or subcontractor shall pay any subcontractor not later than 10 days of receipt of each progress payment in accordance with the provision in Section 7108.5 of the California Business and Professions Code concerning prompt payment to subcontractors. The 10 days is applicable unless a longer period is agreed to in writing.

Any delay or postponement of payment over 30 days may take place only for good cause and with the agency’s prior written approval. Any violation of Section 7108.5 shall subject the violating contractor or subcontractor to the penalties, sanctions and other remedies of that section. This requirement shall not be construed to limit or impair any contractual, administrative,

Item # 8.

WASTEWATER TREATMENT PLANT BOILER REPLACEMENT PROJECT Special Provisions- Page 13 of 31 or judicial remedies otherwise available to the 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. 5-1.06 PROMPT PAYMENT OF WITHHELD FUNDS TO SUBCONTRACTORS No retainage will be held by the agency from progress payments due the prime contractor. Any retainage kept by the prime contractor or by a subcontractor must be paid in full to the earning subcontractor in 30 days after the subcontractor’s work is satisfactorily completed. 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 contractor or subcontractor to the penalties, sanctions, and remedies specified in Section 7108.5 of the California Business and Professions 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.
5-1.07 PAYMENTS
Attention is directed to Sections 9-1.16, "Progress Payments," and 9-1.17, "Payment After Contract Acceptance," of the Standard Specifications and these Special Provisions.
5-1.08 INTEREST ON PAYMENTS
Interest shall be payable on progress payments, payments after acceptance, final payments, extra work payments, and claim payments shall be in accordance with Section 9-1.03, “Payment Scope,” of the Standard Specifications, the Standard Specifications, and these Special Provisions.

The rate of interest payable on any award in arbitration shall be 6 percent per annum if allowed under the provisions of Civil Code Section 3289.
5-1.09 WITHHOLDS
Payment of withheld funds shall conform to Section 9-1.16E, "Withholds," of the Standard Specifications and these Special Provisions.

Funds withheld from progress payments to ensure performance of the contract that are eligible for payment into escrow or to an escrow agent pursuant to Section 10263 of the California Public Contract Code do not include funds withheld or deducted from payment due to failure of the Contractor to fulfill a contract requirement. 5-1.10 PLANS AND WORKING DRAWINGS
When the specifications require working drawings to be submitted to the Division of Structure Design, the drawings shall be submitted to the Engineer, unless otherwise specifically noted. 5-1.11 EXAMINATION OF PLANS, SPECIFICATIONS, CONTRACT, AND SITE OF WORK The third through seventh paragraph of Section 2-1.06B, "Supplemental Project Information," of the Standard Specifications is amended to read:

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.
5-1.12 VALUE ENGINEERING
Attention is directed to Section 4-1.07, "Value Engineering," of the Standard Specifications.

Prior to preparing a written value engineering change proposal, the Contractor shall request a meeting with the Engineer to discuss the proposal in concept. Items of discussion will also include permit issues, impact on other projects, impact on the project schedule, peer reviews, overall merit of the proposal, and review times required by the City.

If a value engineering change proposal submitted by the Contractor, and subsequently approved by the Engineer, provides for a reduction in contract time, 50 percent of that contract time reduction shall be credited to the City by reducing the contract working days, not including plant establishment. Attention is directed to "Beginning of Work, Time of Completion and Liquidated Damages" of these Special Provisions regarding the working days.

If a value engineering change proposal submitted by the Contractor, and subsequently approved by the Engineer, provides for a reduction in traffic congestion or avoids traffic congestion during construction, 60 percent of the estimated net savings in construction costs attributable to the cost reduction proposal will be paid to the Contractor. In addition to the requirements in Section 4-1.07, "Value Engineering," of the Standard Specifications, the Contractor shall provide detailed

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WASTEWATER TREATMENT PLANT BOILER REPLACEMENT PROJECT Special Provisions- Page 14 of 31 comparisons of the traffic handling between the existing contract and the proposed change, and estimates of the traffic volumes and congestion.
5-1.13 RESPONSIBILITY TO OTHER ENTITIES
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, and shall indemnify and save harmless any county, city or district, its officers and employees connected with the work, within the limits of which county, city or district the work is being performed, all in the same manner and to the same extent conforming to the provisions in Section 7-1.05, "Indemnification," and Section 7-1.06, “Insurance,” of the Standard Specifications, for the protection of the State of California and all officers and employees thereof connected with the work. 5-1.14 AREAS FOR CONTRACTOR'S USE
Attention is directed to the provisions in Section 5-1.32, "Areas for Use," of the Standard Specifications and these Special Provisions.

The project area (contract limits) shall be used only for purposes that are necessary to perform the required work. The Contractor shall not occupy the right of way, or allow others to occupy the right of way, for purposes which are not necessary to perform the required work.

No area is available for the exclusive use of the Contractor within the contract limits. The Contractor shall secure, at the Contractor's own expense, areas required for plant sites, storage of equipment or materials, or for other purposes.

Residence trailers will not be allowed within the project site.

The Contractor shall remove equipment, materials, and rubbish from the work areas and other City-owned property which the Contractor occupies. The Contractor shall leave the areas in a presentable condition in conformance with the provisions in "Cleanup," of the Standard Specifications.

The Contractor shall secure, at the Contractor's own expense, areas required for plant sites, storage of equipment or materials or for other purposes, if sufficient area is not available to the Contractor within the contract limits, or at the sites designated on the plans outside the contract limits.

The Contractor shall take all necessary precautions to protect the staging area from chemical contamination due to oil or fuel spills or any other contaminants. If contamination occurs, the site shall be decontaminated to the satisfaction of the Engineer prior to further improvement to the contaminated area or to further construction activities in general, whichever is applicable as determined by the Engineer. Methods of decontamination shall include any method deemed appropriate by the Engineer including removal and disposition of the contaminated soils in conformance with CEQA and regulatory agency requirements.

Full compensation for conforming to the provisions of this section, including furnishing all labor, materials, grading, tools, equipment and incidentals, and for doing all work associated with 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. 5-1.15 SOUND CONTROL REQUIREMENTS
The noise level from the Contractor's operations, between the hours of 7:00 p.m. and 7:00 a.m., shall not exceed 86 dBa at a distance of 50 feet, unless night work is otherwise permitted by the City Engineer. This requirement shall not relieve the Contractor from responsibility for complying with local ordinances regulating noise level.

All equipment shall have sound-control devices no less effective than those provided on the original equipment. No equipment shall have an unmuffled exhaust. As directed by the Engineer, the Contractor shall implement the appropriate additional noise mitigation measures including, but not limited to, shutting off idling equipment, or additional notifications of adjacent residents than already specified in these Special Provisions.

The noise level requirement shall apply to the equipment on the job or related to the job, including but not limited to trucks, transit mixers or transient equipment that may or may not be owned by the Contractor. The use of loud sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel.

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. 5-1.16 PROJECT APPEARANCE
The Contractor shall maintain a neat appearance to the work and shall cleanup all tracked material and debris on a daily basis.

In areas visible to the public, the following shall apply:

A. 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.

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WASTEWATER TREATMENT PLANT BOILER REPLACEMENT PROJECT Special Provisions- Page 15 of 31 B. Mud, dirt, soil, and any debris resulted in trail from equipment and construction will be cleaned and cleared from the roadway and away from traffic daily.

C. The Contractor shall furnish trash bins for all debris from 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 are to 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 the prices paid for the various contract items of work involved and no additional compensation will be allowed. 5-1.17 RECORDS
The Contractor shall maintain cost accounting records for the contract pertaining to, and in such a manner as to provide a clear distinction between, the following six categories of costs of work during the life of the contract:

A. Direct costs of contract item work.

B. Direct costs of changes in character in conformance with Section 4-1.05B, "Work-Character Changes," of the Standard Specifications.

C. Direct costs of extra work in conformance with Section 4-1.05, "Changes and Extra Work," of the Standard Specifications.

D. Direct costs of work not required by the contract and performed for others.

E. Direct costs of work performed under a notice of potential claim in conformance with the provisions in Section 9-

1.17D(2), " Claim Statement," of the Standard Specifications.

F. Indirect costs of overhead.

Cost accounting records shall include the information specified for extra work in Section 4-1.05, "Changes and Extra Work," of the Standard Specifications. The requirements for furnishing the Engineer completed daily extra work reports shall only apply to work paid for on a force account basis.

The cost accounting records for the contract shall be maintained separately from other contracts, during the life of the contract, and for a period of not less than 3 years after the date of acceptance of the contract. If the Contractor intends to file claims against the Department, the Contractor shall keep the cost accounting records specified above until complete resolution of all claims has been reached.
5-1.18 CONTRACTOR'S LICENSING LAWS
Attention is directed to the requirements specified in Section 3-1.06, "Contractor License", of the Standard Specifications. The Contractor shall possess a valid California Class “A” Contractor's License, or a combination of the following classes: C10 – Electrical Contractor, C36 - Plumbing Contractor, and all other classes required by the categories and types of work included in the contract at the time of the bid award. All licenses shall remain in effect throughout the term of the contract.
5-1.19 ARBITRATION
Section 9-1.22, "Arbitration," of the Standard Specifications is amended in its entirety to read as follows:

Section 9-1.22, “Dispute Resolution”
9-1.22 All claims filed with the City must be in writing and include the documents necessary to substantiate the claim. Claims must be filed within the time limits set forth in this contract. In no circumstances, however, may a claim be filed after the day of final payment. Nothing in this subsection is intended to extend the time limit or supersede notice requirements for the filing of claims as set forth elsewhere in this contract. 1) Claims of $50,000.00 or Less
(a) The City will respond in writing to all written claims less than or equal to fifty thousand dollars ($50,000.00) within forty-five (45) days of receipt of the claim. Within thirty (30) days of receipt of the claim, the City may request any additional documentation supporting the claim or relating to defenses or claims the City may have against the claimant.
(b) If additional information is thereafter required, it shall be requested and provided pursuant to this subsection, upon mutual agreement of the City and the claimant.

Item # 8.

WASTEWATER TREATMENT PLANT BOILER REPLACEMENT PROJECT Special Provisions- Page 16 of 31 (c) The City’s written response to the claim, as further documented, shall be submitted to the claimant within fifteen (15) days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. 2) Claims Between $50,000.01 and $375,000.00
(a) The City will respond in writing to all written claims between fifty thousand dollars and one cent ($50,000.01) and less than or equal to three hundred seventy-five thousand dollars ($375,000.00), within sixty (60) days of receipt of the claim. Within thirty (30) days of receipt of the claim, the City may request, in writing, any additional documentation supporting the claim or relating to defense to the claim the City may have against the claimant.
(b) If additional information is thereafter required, it shall be requested and provided pursuant to this Subdivision, upon mutual agreement of the City and the claimant. (c) The City’s written response to the claim, as further documented, shall be submitted to the claimant with in thirty (30) days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information or requested documents, whichever is greater.
3) Claims in Excess of $375,000.00 The City shall, within a reasonable time after the presentation of any claim in excess of $375,000.00, make a decision in writing on such claim. 4) Meet and Confer Conference
(a) If the claimant disputes the City’s written response, or the City fails to respond within the time prescribed, the claimant may so notify the City, in writing, either within fifteen (15) days of receipt of the City’s response or within fifteen (15) days of the 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 a demand, the City shall schedule a meet and confer conference within thirty (30) days for settlement of the dispute.
(b) If, following the meet and confer conference, the claim or any portion thereof remains in dispute, the claimant may 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 California Government Code. For the purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to this Section until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process.
5) Contractor’s Duty During Claim Resolution: The Contractor shall proceed with the Work in accordance with the plans and specifications and determinations and instructions of the City Engineer during the resolution of any claims disputes.
6) Certification. The Contractor shall certify in writing, at the time of submission of any claim, as follows:

I certify under penalty of perjury under the laws of the State of California, that the claim is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the monies due for work performed under the Contract for which the City of Grass Valley is liable.

By:_________________________
(Contractor’s signature)
7) City Remedies. In the event the Contractor refuses or neglects to make good any loss or damage for which the Contractor is responsible under this Contract, the City may itself, or by the employment of others, make good any such loss or damage, and the cost and expense of doing so, including any reasonable engineering, legal and other consultant fees, and any costs of administrative and managerial services, shall be charged to the Contractor. Such costs and expenses may be deducted by the City from claims for payment made by the Contractor for work completed or remaining to be completed.

Item # 8.

WASTEWATER TREATMENT PLANT BOILER REPLACEMENT PROJECT Special Provisions- Page 17 of 31 8) Assignment. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to this contract, the Contractor and all subcontractors shall offer and agree to assign to the City all rights, title, and interest in and to all causes of action it may have under section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or subcontract. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor, without further acknowledgment by the parties. 9) Contractor Waiver and Limitation. The Contractor agrees that it can be adequately compensated by money damages for any breach of this Contract which may be committed by the City and hereby agrees that no default, act, or omission of the City or the Engineer, shall constitute a material breach of the Contract entitling the Contractor to cancel or rescind the provisions of this Contract or (unless the City shall so consent or direct in writing) to suspend or abandon performance of all or any part of the work. The Contractor hereby waives any and all rights and remedies to which it might otherwise be or become entitled, save only its right to money damages. 10) Venue. Any litigation arising out of this Contract shall be brought in the Superior Court of Nevada County, and the Contractor hereby waives the removal provisions of Code of Civil Procedure Section 394. 5-1.20 NOTICE OF POTENTIAL CLAIM
Attention is directed to the requirements specified in Section 5-1.43, “Potential Claims And Dispute Resolution,” of the Standard Specifications.
5-1.21 FINAL PAYMENT AND CLAIMS
Attention is directed to Section 9-1.17D, "Final Payment and Claims," of the Standard Specifications.

If the Contractor files a timely written statement of claims in response to the proposed final estimate, the City will submit a claim position letter to the Contractor by hand delivery or deposit in the U.S. mail. The claim position letter will delineate the City's position on the Contractor's claims. If the Contractor disagrees with the claim position letter, the Contractor shall submit a written notification of its disagreement to be received by the City not later than 15 days after the Contractor's receipt of the claim position letter. The written notification of disagreement shall set forth the basis for the Contractor's disagreement and be submitted to the office designated in the claim position letter. The Contractor's failure to provide a timely, written notification of disagreement shall constitute the Contractor's acceptance and agreement with the determinations provided in the claim position letter and with final payment pursuant to the claim position letter.

If the Contractor files a timely notification of disagreement with the City claim position letter, the City Engineer or a board of review appointed by the City Engineer shall review claims that remain in dispute and may meet with the Contractor within 45 days after receipt by the City of the notification of disagreement. Attendance by the Contractor at the City meeting concerning the notification of disagreement shall be mandatory.

If the City fails to submit a claim position letter to the Contractor within 135 days after the acceptance of the contract and the Contractor has claims that remain in dispute, the Contractor may request a meeting with the City Engineer or a board of review appointed by the City Engineer to review claims that remain in dispute. The Contractor's request for a meeting shall identify the claims that remain in dispute. If the Contractor files a request for a meeting, the City Engineer or a board of review appointed by the City Engineer will meet with the Contractor within 45 days after the City receives the request for the meeting. Attendance by the Contractor at this review meeting shall be mandatory.

Failure of the Contractor to file a timely written statement of claims in response to the proposed final estimate, or to file a timely notification of disagreement with the City’s claim position letter, or to attend the City’s review meeting shall constitute a failure to pursue diligently and exhaust the administrative remedies in the contract and shall be a bar to future legal proceedings by Contractor.
5-1.22 SURFACE MINING AND RECLAMATION ACT
Attention is directed to the Surface Mining and Reclamation Act of 1975, commencing in Public Resources Code, Mining and Geology, Section 2710, which establishes regulations pertinent to surface mining operations, and to California Public Contract Code Section 10295.5.

Material from mining operations furnished for this project shall only come from permitted sites in compliance with California Public Contract Code Section 10295.5.
5-1.23 REMOVAL OF ASBESTOS AND HAZARDOUS SUBSTANCES
When the presence of asbestos or hazardous substances are not shown on the plans or indicated in the specifications and the Contractor encounters materials which the Contractor reasonably believes to be asbestos or a hazardous substance as

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WASTEWATER TREATMENT PLANT BOILER REPLACEMENT PROJECT Special Provisions- Page 18 of 31 defined in Section 25914.1 of the Health and Safety Code, and the asbestos or hazardous substance has not been rendered harmless, the Contractor may continue work in unaffected areas reasonably believed to be safe. The Contractor shall immediately cease work in the affected area and report the condition to the Engineer in writing.

In conformance with Section 25914.1 of the Health and Safety Code, removal of asbestos or hazardous substances including exploratory work to identify and determine the extent of the asbestos or hazardous substance will be performed by separate contract.

If delay of work in the area delays the current controlling operation, the delay will be considered a right of way delay and the Contractor will be compensated for the delay in conformance with the provisions in Section 8-1.07, " Delays," of the Standard Specifications.
5-1.24 EXCAVATION SAFETY PLANS
The Contractor’s attention is directed to requirements of “Earthwork,” of the Special Provisions concerning Temporary Shoring Plan and Section 7-1.02K(6)(b), "Excavation Safety," of the Standard Specifications.

The Contractor shall submit a Temporary Shoring Safety System Plan to the Engineer in accordance with “Earthwork,” of these Special Provisions. The Contractors attention is directed to the requirements specified in Section “Earthwork,” of these Special Provisions.

Full compensation for conforming to the provisions of this section, not otherwise provided for in other sections of these Special Provisions, shall be considered as included in the prices paid for the various Contract items of work involved and no additional compensation will be allowed.
5-1.25 AIR POLLUTION CONTROL
Air pollution control shall conform to the provisions of Section 14-9, “Air Quality,” of the Standard Specifications and these Special Provisions.

No burning of materials to be disposed of will be permitted for this project.

Full compensation for conforming to the provisions of this section including, but not limited to, obtaining permits and performing work in accordance with any permit requirements, not otherwise provided for, shall be considered as included in the prices paid for the various Contract items of work involved and no additional compensation will be allowed. 5-1.26 PERMITS
Attention is directed to the provisions in Sections 5-1.20B, “Permits, Licenses, Agreements, and Certifications,” of the Standard Specifications and these Special Provisions.

Full compensation for conforming to the provisions in this Section and to the requirements in the permit, not otherwise provided for in other sections of these Special Provisions, shall be considered as included in the prices paid for the various Contract items of work involved and no additional compensation will be allowed. 5-1.27 INSURANCE
Throughout the period of this agreement, the CONTRACTOR shall provide the following minimum insurance coverage as listed below. CONTRACTOR shall file with CITY certificate(s) of Insurance and endorsements, in a form acceptable to CITY, and consistent with this agreement at the time of execution of this agreement. The insurance company must be acceptable to CITY, with a Best's Rating of no less than A:VII. Documentation of such rating acceptable to the CITY shall be provided at the same time Insurance Certificates are submitted.

Any deductibles must be declared to, and approved by, the City.

In the event any of the required policies are canceled prior to the completion of the project and the CONTRACTOR does not furnish a new certificate(s) of insurance prior to cancellation, the CITY may obtain the required insurance and deduct the premium(s) from Contract monies due the CONTRACTOR.
5-1.27.1 WORKER'S COMPENSATION AND EMPLOYERS LIABILITY INSURANCE The CONTRACTOR shall maintain adequate Workers' Compensation Insurance under the Laws of the State of California. CONTRACTOR shall fully comply with the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers' Compensation or to undertake self insurance in accordance with the provisions of that Code, before commencing the performance of the work. CONTRACTOR shall require all subcontractors to maintain adequate Workers' Compensation Insurance. Certificates of such Workers' Compensation shall be filed forthwith with the CITY upon demand.

By CONTRACTOR'S signature hereunder, CONTRACTOR certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and he/she will comply with such provisions before commencing the performance of this Contract. If such insurance is underwritten by any

Item # 8.

WASTEWATER TREATMENT PLANT BOILER REPLACEMENT PROJECT Special Provisions- Page 19 of 31 agency other than State Compensation Fund, such agency shall be a company authorized to do business in the State of California.

Worker's Compensation Insurance shall be provided as required by any applicable law or regulation. Employer's liability insurance shall be provided in amounts not less than the following:

One Million dollars ($1,000,000) each accident for bodily injury by accident One Million dollars ($1,000,000) policy limit for bodily injury by disease One Million dollars ($1,000,000) each employee for bodily injury by disease If there is an exposure of injury to CONTRACTOR'S employees under the U.S. Longshoremen's and Harbor Worker's Compensation Act, the Jones Act, or under laws, regulations, or statutes applicable to maritime employees, coverage shall be included for such injuries or claims.

Each Worker's Compensation policy shall be endorsed with the following specific language:

Cancellation Notice: "This policy shall not be canceled or materially changed without first giving thirty (30) days prior written notice to the City of Grass Valley."
Waiver of Subrogation: “The Insurance Company agrees to waive all rights of subrogation against the City of Grass Valley, its elected or appointed officials, agents, employees and volunteers for losses paid under the terms of this policy which arise from the work performed by the Named Insured for the City of Grass Valley. 5-1.27.2 GENERAL LIABILITY INSURANCE
Commercial General Liability insurance covering all operations by or on behalf of CONTRACTOR, providing insurance for bodily injury liability and property damage liability for the limits of liability indicated below and including coverage for: premises; operations; products and completed operations; contractual liability insuring the obligations assumed by CONTRACTOR in this Agreement; broad form property damage (including completed operations); explosion, collapse, and underground hazards; personal injury liability.

Except with respect to bodily injury and property damage included within the products and completed operations hazards, the aggregate limits, where applicable, shall apply separately to CONTRACTOR'S work under the Contract.

One of the following forms is required: Commercial General Liability (Occurrence); or Commercial General Liability (Claims Made).

If CONTRACTOR carries a Commercial General Liability (Occurrence) policy:

1. The limits of liability shall not be less than:
 One Million dollars ($1,000,000) each occurrence (combined single limit for bodily injury and property damage)
 One Million dollars ($1,000,000) Personal Injury Liability  Two Million dollars ($2,000,000) Products-Completed Operations  Two Million dollars ($2,000,000) General Aggregate

2. If the policy does not have an endorsement providing that the General Aggregate Limit applies separately, or if defense costs are included in the aggregate limits, then the required aggregate limits shall be Two Million dollars ($2,000,000).
5-1.27.3 CONFORMITY OF COVERAGES
If more than one policy is used to meet the required coverages, such as a separate umbrella policy, such policies shall be consistent with all other applicable policies used to meet these minimum requirements. For example, all policies shall be Occurrence Liability policies, or all shall be Claims Made Liability policies if approved by the CITY as noted above. In no case shall the types of coverages be different. 5-1.27.4 ADDITIONAL REQUIREMENTS
Premium Payments: The insurance companies shall have no recourse against the CITY and funding agencies, its officers and employees or any of them for payment of any premiums or assessments under any policy issued by a mutual insurance company.

Policy Deductibles: The CONTRACTOR shall be responsible for all deductibles in all of CONTRACTOR’S insurance policies. The amount of deductibles for insurance coverage required herein should be reasonable and subject to CITY’S approval.

CONTRACTOR’S Obligations: CONTRACTOR’S indemnity and other obligations shall not be limited by the foregoing insurance requirements and shall survive the expiration of this agreement.

Material Breach: Failure of the CONTRACTOR to maintain the insurance required by this agreement, or to comply with any of the requirements of this section, shall constitute a material breach of the entire agreement.

Duration of Coverage: City must be an additional insured for completed operations for a period of one (1) year after completion of the work.

Item # 8.

WASTEWATER TREATMENT PLANT BOILER REPLACEMENT PROJECT Special Provisions- Page 20 of 31 Project Reference: The Certificate of Insurance must reference the project specifically by project title 5-1.27.5 ENDORSEMENTS
Each Commercial General Liability policy shall be endorsed with the following specific language:

Cancellation Notice: "This policy shall not be canceled, material reduced, or materially changed without first giving thirty (30) days prior written notice to the City of Grass Valley." “Provisions Regarding the Insured’s Duties: Any failure to comply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the City of Grass Valley, its elected or appointed officers, officials, employees or volunteers.” “Except as stated above, nothing herein shall be held to waive, alter or extend any of the limits, conditions, agreements or exclusions of the policy to which this endorsement is attached.” "The City of Grass Valley, and additional insureds, and all insureds officers, agents, outside parties hired to inspect and/or design the work, employees, and volunteers are to be covered as insured for all liability arising out of the operations by or on behalf of the named insured in the performance of this Agreement." The City of Grass Valley’s policy of insurance shall be excess and noncontributing. "The insurance provided by the Contractor, including any excess liability or umbrella form coverage, is primary coverage to the City of Grass Valley and additional insureds, with respect to any insurance or self-insurance programs maintained by the City of Grass Valley and additional insureds, and no insurance held or owned by the City of Grass Valley and additional insureds shall be called upon to contribute to a loss." 5-1.27.6 AUTOMOBILE LIABILITY INSURANCE
CONTRACTOR shall provide Automobile Liability insurance covering bodily injury and property damage in an amount no less than One Million dollars ($1,000,000) combined single limit for each occurrence.

Covered vehicles shall include owned, non-owned, and hired automobiles/trucks.

Endorsements: The endorsements listed above for General Liability shall also apply to the Automobile Liability Policy.

5-1.28 WARRANTY
Should any failure of the work occur within a period of one year from the acceptance of the project by the Grass Valley City Council due to faulty materials, poor workmanship, or defective equipment, the Contractor shall promptly make the needed repairs at his or her expense in accordance with the Special Provisions and to the satisfaction of the Engineer.

Security for this warranty shall be in the form of the Performance Bond, required elsewhere in these specifications, which shall remain in effect for a period of one (1) year after acceptance of the project by the Grass Valley City Council. The Performance Bond will not be reduced to an amount less than the bid amount of the project prior to the expiration of the one (1) year warranty period.

The City is hereby authorized to make such repairs, or to have such repairs made by others, if the Contractor fails to make such repairs, or to have such repairs made by others, if the Contractor fails to make or undertake with due diligence the aforesaid repairs within ten (10) days after receiving written notice of such failure or within a time specified in the notice if different; provided, however, that in case of an emergency where, in the opinion of the Engineer, that delay would cause serious loss or damages, or a serious hazard to the public, and a reasonable attempt has been made to notify the Contractor, the repairs may be made without prior notice to the Contractor; and the Contractor’s sureties shall be liable for the entire cost thereof.

SECTION 6 (BLANK)
SECTION 7 (BLANK)
SECTION 8 (BLANK)
SECTION 9 (BLANK)
SECTION 10 CONSTRUCTION DETAILS
SECTION 10-1 GENERAL

Item # 8.

WASTEWATER TREATMENT PLANT BOILER REPLACEMENT PROJECT Special Provisions- Page 21 of 31 10-1.01 SCOPE OF WORK
The scope of work, in general, includes; the purchase of a new Sludge Heater/Boiler, the removal of the existing equipment and it’s disposal, and the installation of the new equipment. Other related items not mentioned above, that are required by the plans, specifications or these Special Provisions shall be performed, placed, constructed, or installed. 10-1.02 REQUEST FOR INFORMATION
All Requests for Information (RFI’s) from the Contractor shall be submitted in writing to the Engineer, and shall be numbered sequentially as they are generated. The Engineer will have 5 working days from the date of receipt of each RFI to provide a response to the Contractor. All requests must come from the prime Contractor, the Engineer will not respond to RFI’s received directly from subcontractors.

If the response provided by the Engineer is not satisfactory for the Contractor, the RFI may be re-submitted with more detailed requests noting the particular areas that have not been addressed. The Engineer will have three (3) working days to respond to the second request from the Contractor. If the second response is still not satisfactory to the Contractor, a meeting will be scheduled to resolve any outstanding items that have not been properly addressed.

A Request for Information shall only be used for obtaining information or clarification on project documents. The RFI process is not the proper media for notification of potential claims, writing letters, requesting a change order, etcIf the Contractor wishes to file a Notice of Potential Claim, it shall be filed in accordance with Section 5-1.43, “Potential Claims and Dispute Resolution,” of the Standard Specifications. 10-1.03 WATER POLLUTION CONTROL
10-1.03.1 GENERAL
Water pollution control work shall conform to the provisions in Section 13, "Water Pollution Control," of the Standard Specifications, section of these Special Provisions entitled "Relations With California Regional Water Quality Control Board," and these Special Provisions.

The Contractor shall perform water pollution control work in conformance with the requirements in the "Storm Water Pollution Prevention Plan (SWPPP) and Water Pollution Control Program (WPCP) Preparation Manual" and addenda in effect on the day the Notice to Contractors is dated. This manual is referred to as the "Preparation Manual." Copies of the Preparation Manual may be obtained from:

State of California
Department of Transportation
Publication Distribution Unit
1900 Royal Oaks Drive
Sacramento, California 95815
Telephone: (916) 445-3520
The Preparation Manual and other references for performing water pollution control work are available from the Department's Construction Storm Water and Water Pollution Control web site at:
http://www.dot.ca.gov/hq/construc/stormwater/stormwater1.htm.

The Contractor shall know and fully comply with applicable provisions of the Manuals, and Federal, State, and local regulations and requirements that govern the Contractor's operations and storm water and non-storm water discharges from both the project site and areas of disturbance outside the project limits during construction.

Attention is directed to Section 7, "Legal Relations and Responsibility to the Public," of the Standard Specifications and these Special Provisions.

Water pollution control requirements shall apply to storm water and non-storm water discharges from areas outside the project site that are directly related to construction activities for this contract including, but not limited to, asphalt batch plants, material borrow areas, concrete plants, staging areas, storage yards and access roads. The Contractor shall comply with the Manuals for those areas and shall implement, inspect and maintain the required water pollution control practices. Installing, inspecting and maintaining water pollution control practices on areas outside the highway right of way not specifically arranged and provided for by the Department for the execution of this contract, will not be paid for.

The Contractor shall be responsible for penalties assessed or levied on the Contractor or the City as a result of the Contractor's failure to comply with the provisions in this section "Water Pollution Control" including, but not limited to, compliance with the applicable provisions of the Manuals, and Federal, State and local regulations and requirements as set forth therein.

Penalties as used in this section shall include fines, penalties and damages, whether proposed, assessed, or levied against the Department or the Contractor, including those levied under the Federal Clean Water Act and the

Item # 8.

WASTEWATER TREATMENT PLANT BOILER REPLACEMENT PROJECT Special Provisions- Page 22 of 31 State Porter-Cologne Water Quality Control Act, by governmental agencies or as a result of citizen suits. Penalties shall also include payments made or costs incurred in settlement for alleged violations of the Manuals, or applicable laws, regulations, or requirements. Costs incurred could include sums spent instead of penalties, in mitigation or to remediate or correct violations.

The Contractor shall notify the Engineer immediately upon request from the regulatory agencies to enter, inspect, sample, monitor, or otherwise access the project site or the Contractor's records pertaining to water pollution control work. The Contractor and the Department shall provide copies of correspondence, notices of violations, enforcement actions or proposed fines by regulatory agencies to the requesting regulatory agency. 10-1.03.2 WATER POLLUTION CONTROL IMPLEMENTATION
Unless otherwise specified, the Contractor shall be responsible throughout the duration of the project for installing, constructing, inspecting, maintaining, removing, and disposing of the water pollution control practices.

Unless otherwise directed by the Engineer, the Contractor's responsibility for “Water Pollution Control” implementation shall continue throughout any temporary suspension of work ordered in conformance with the provisions in Section 8-1.06, "Suspensions," of the Standard Specifications. Requirements for installation, construction, inspection, maintenance, removal, and disposal of water pollution control practices shall conform to the requirements in the Manuals and these Special Provisions.

If the Contractor or the Engineer identifies a deficiency in the implementation of the “Water Pollution Control” practices, the deficiency shall be corrected immediately. The deficiency may be corrected at a later date and time if requested by the Contractor and approved by the Engineer in writing, but shall be corrected prior to the onset of precipitation. If the Contractor fails to correct the identified deficiency by the date agreed or prior to the onset of precipitation, the project shall be in nonconformance with this section. Attention is directed to Section 5-1.03, "Engineer's Authority," of the Standard Specifications, and to "Retention of Funds" of this section for possible nonconformance penalties.

If the Contractor fails to conform to the provisions of this section, "Water Pollution Control," the Engineer may order the suspension of construction operations until the project complies with the requirements of this section. 10-1.03.3 PAYMENT
Full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in “Water Pollution Control” including, but not limited to installing, constructing, inspecting, maintaining, removing, and disposing of the water pollution control practices including non-storm water management, waste management and materials pollution water pollution control practices, as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer shall be considered as included in the various items of work requiring these activities, and no additional compensation will be allowed therefore.
10-1.03.4 CONSTRUCTION SITE MANAGEMENT
Construction site management shall consist of controlling potential sources of water pollution before they come in contact with storm water systems or watercourses. The Contractor shall control material pollution and manage waste and non-storm water existing at the construction site by implementing effective handling, storage, use, and disposal practices.

The Contractor shall train all employees and subcontractors regarding:

A. Material pollution prevention and control;
B. Waste management;
C. Non-storm water management;
D. Identifying and handling hazardous substances; and
E. Potential dangers to humans and the environment from spills and leaks or exposure to toxic or hazardous substances.

Training shall take place before starting work on this project. New employees shall receive the complete training before starting work on this project. The Contractor shall have regular meetings to discuss and reinforce spill prevention and control; material delivery, storage, use, and disposal; waste management; and non-storm water management procedures.

Instructions for material and waste handling, storage, and spill reporting and cleanup shall be posted at all times in an open, conspicuous, and accessible location at the construction site.

Non-hazardous construction site waste and excess material shall be recycled when practical or disposed of in accordance with the provisions in Section 5-1.20B(4), "Contractor-Property Owner Agreement," of the Standard Specifications, unless otherwise specified.

Item # 8.

WASTEWATER TREATMENT PLANT BOILER REPLACEMENT PROJECT Special Provisions- Page 23 of 31 Vehicles and equipment at the construction site shall be inspected on a frequent, predetermined schedule, and by the operator each day of use. Leaks shall be repaired immediately, or the vehicle or equipment shall be removed from the construction site.
10-1.03.4.1 SPILL PREVENTION AND CONTROL
The Contractor shall implement spill and leak prevention procedures when chemicals or hazardous substances are stored. Spills of petroleum products; substances listed under CFR Title 40, Parts 110, 117, and 302; and sanitary and septic waste shall be contained and cleaned up as soon as is safe.

Minor spills involve small quantities of oil, gasoline, paint, or other material that can be controlled by the first responder upon discovery of the spill. Cleanup of minor spills includes:

A. Containing the spread of the spill,
B. Recovering the spilled material using absorption,
C. Cleaning the contaminated area, and
D. Disposing of contaminated material promptly and properly.

Semi-significant spills are those that can be controlled by the first responder with the help of other personnel. Cleanup of semi-significant spills shall be immediate. Cleanup of semi-significant spills includes:

A. Containing the spread of the spill;
B. Recovering the spilled material using absorption if the spill occurs on paved or an impermeable surface;
C. Containing the spill with an earthen dike and digging up contaminated soil for disposal if the spill occurs on dirt;
D. Covering the spill with plastic or other material to prevent contaminating runoff if the spill occurs during precipitation; and
E. Disposing of contaminated material promptly and properly.

Significant or hazardous spills are those that cannot be controlled by construction personnel.

Notifications of these spills shall be immediate. The following steps shall be taken:

A. Construction personnel shall not attempt to cleanup the spill until qualified staff have arrived; B. Notify the Engineer and follow up with a written report; C. Obtain the services of a spills contractor or hazardous material team immediately; D. Notify the local emergency response team by dialing 911 and county officials at the emergency phone numbers kept on the construction site;
E. Notify the Governor's Office of Emergency Services Warning Center at (805) 852-7550; F. Notify the National Response Center at (800) 424-8802 regarding spills of Federal reportable quantities in conformance with CFR Title 40, Parts 110, 119, and 302; G. Notify other agencies as appropriate, including:

1. Fire Department,

2. Public Works Department,

3. Highway Patrol,

4. City Police or County Sheriff Department,
5 Department of Toxic Substances,

6. California Division of Oil and Gas,

7. Cal OSHA, or

8. Regional Water Resources Control Board.

The contractor shall oversee and enforce proper spill prevention and control measures. Minor, semisignificant, and significant spills shall be reported to the contractor who shall notify the Engineer 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.

Item # 8.

WASTEWATER TREATMENT PLANT BOILER REPLACEMENT PROJECT Special Provisions- Page 24 of 31 10-1.03.4.2 MATERIAL MANAGEMENT
Material shall be delivered, used, and stored for this contract in a manner that minimizes or eliminates discharge of material into the air, storm drain systems, or watercourses.

The Contractor shall implement the practices described in this section when taking delivery of, using, or storing the following materials:

A. Hazardous chemicals including:

1. Acids,

2. Lime,

3. Glues,

4. Adhesives,

5. Paints,

6. Solvents, and

7. Curing compounds;
B. Soil stabilizers and binders;
C. Fertilizers;
D. Detergents;
E. Plaster;
F. Petroleum products including:

1. Fuel,

2. Oil, and

3. Grease;
G. Asphalt components and concrete components; and
H. Pesticides and herbicides.

The Contractor shall supply the Material Safety Data Sheet to the Engineer for material used or stored.

The Contractor shall keep an accurate inventory of material delivered and stored at the construction site.

Employees trained in emergency spill cleanup procedures shall be present when hazardous materials or chemicals are unloaded.

The Contractor shall use recycled or less hazardous products when practical.

Application of herbicides and pesticides shall be performed by a licensed applicator. The Contractor shall complete the Report of Chemical Spray forms when spraying herbicides or pesticides, and shall submit a copy to the Engineer before application.

Material Storage
The Contractor shall store liquids, petroleum products, and substances listed in CFR Title 40, Parts 110, 117, and 302 in containers or drums approved by the United States Environmental Protection Agency, and place them in secondary containment facilities.

Secondary containment facilities shall be impervious to the materials stored there for a minimum contact time of 72 hours.

Throughout the rainy season secondary containment facilities shall be covered during non-working days and when precipitation is predicted. Secondary containment facilities shall be adequately ventilated.

The Contractor shall keep the secondary containment facility free of accumulated rainwater or spills.

After precipitation, or in the event of spills or leaks, accumulated liquid shall be collected and placed into drums within 24 hours. These liquids shall be handled as hazardous waste in accordance with the provisions in "Hazardous Waste" of these Special Provisions, unless testing determines them to be nonhazardous.

Incompatible materials, such as chlorine and ammonia, shall not be stored in the same secondary containment facility.

Materials shall be stored in the original containers with the original product labels maintained in legible condition. Damaged or illegible labels shall be replaced immediately.

Item # 8.

WASTEWATER TREATMENT PLANT BOILER REPLACEMENT PROJECT Special Provisions- Page 25 of 31 The secondary containment facility shall have the capacity to contain precipitation from a 24-hourlong, 25-year storm; and 10 percent of the aggregate volume of all containers, or all of the volume of the largest container within the facility, whichever is greater.

The Contractor shall store bagged or boxed material on pallets. Throughout the rainy season, bagged or boxed material shall be protected from wind and rain during non-working days and when precipitation is predicted.

The Contractor shall provide sufficient separation between stored containers to allow for spill cleanup or emergency response access. Storage areas shall be kept clean, well-organized, and equipped with cleanup supplies appropriate for the materials being stored.

The Contractor shall repair or replace perimeter controls, containment structures, covers, and liners as needed. Storage areas shall be inspected before and after precipitation, and at least weekly during other times.

Stockpile Management
The Contractor shall reduce or eliminate potential air and water pollution from stockpiled material including soil, paving material, or pressure treated wood. Stockpiles shall be located out of floodplains when possible, and at least 50 feet from concentrated flows of storm water, drainage courses, or inlets unless written approval is obtained from the Engineer.

The Contractor may discontinue adding or removing material for up to 21 days and a stockpile will still be considered active.

The Contractor shall protect active stockpiles with plastic or geotextile cover, soil stabilization measures, or with linear sediment barrier when precipitation is predicted. Active stockpiles of cold mix asphalt concrete shall be placed on an impervious surface and covered with plastic when precipitation is predicted.

The Contractor shall protect inactive soil stockpiles with a plastic or geotextile cover, or with soil stabilization measures at all times during the rainy season. A linear sediment barrier around the perimeter of the stockpile shall also be used. During the non-rainy season soil stockpiles shall be covered and protected with a linear sediment barrier when precipitation is predicted. The Contractor shall control wind erosion during dry weather as provided in "Dust Control," of the Standard Specifications.

Stockpiles of Portland cement concrete rubble, asphalt concrete, asphalt concrete rubble, aggregate base, or aggregate sub-base shall be covered with plastic or geotextile, or protected with a linear sediment barrier at all times during the rainy season, and when precipitation is predicted during the non-rainy season.

Stockpiles of cold mix asphalt concrete shall be placed on and covered with impermeable material at all times during the rainy season, and when precipitation is predicted during the non-rainy season.

Stockpiles of pressure treated wood shall be covered with impermeable material and placed on pallets at all times during the rainy season, and when precipitation is predicted during the non-rainy season.

The Contractor shall repair or replace linear sediment barriers and covers as needed or as directed by the Engineer to keep them functioning properly. Sediment shall be removed when it accumulates to 1/3 of the linear sediment barrier height.
10-1.03.4.3 WASTE MANAGEMENT
Solid Waste
The Contractor shall not allow litter or debris to accumulate anywhere on the construction site, including storm drain grates, trash racks, and ditch lines. The Contractor shall pick up and remove trash and debris from the construction site at least once a week. The contractor shall monitor solid waste storage and disposal procedures on the construction site. The Contractor shall provide enough dumpsters of sufficient size to contain the solid waste generated by the project. Dumpsters shall be emptied when refuse reaches the fill line. Dumpsters shall be watertight. The Contractor shall not wash out dumpsters on the construction site. The Contractor shall provide additional containers and more frequent pickup during the demolition phase of construction Solid waste includes:

A. Brick,
B. Mortar,
C. Timber,
D. Metal scraps,
E. Sawdust,
F. Pipe,
G. Electrical cuttings,

Item # 8.

WASTEWATER TREATMENT PLANT BOILER REPLACEMENT PROJECT Special Provisions- Page 26 of 31 H. Non-hazardous equipment parts,
I. Styrofoam and other packaging materials,
J. Vegetative material and plant containers from highway planting, and K. Litter and smoking material, including litter generated randomly by the public.

Trash receptacles shall be provided and used in the Contractor's yard, field trailers, and locations where workers gather for lunch and breaks.

Hazardous Waste
The Contractor shall implement hazardous waste management practices when waste is generated on the construction site from the following substances:

A. Petroleum products,
B. Asphalt products,
C. Concrete curing compound,
D. Pesticides,
E. Acids,
F. Paints,
G. Stains,
H. Solvents,
I. Wood preservatives,
J. Roofing tar, and
K. Materials classified as hazardous by California Code of Regulations, Title 22, Division

4.5; or listed in CFR Title 40, Parts 110, 117, 261, or 302.

Nothing in these Special Provisions shall relieve the Contractor of the responsibility for compliance with Federal, State, and local laws regarding storage, handling, transportation, and disposal of hazardous wastes.

The CONTRACTOR shall oversee and enforce hazardous waste management practices.

Production of hazardous materials and hazardous waste on the construction site shall be kept to a minimum. Perimeter controls, containment structures, covers, and liners shall be repaired or replaced when damaged.

The Contractor shall have a laboratory certified by the California Department of Public Health (CDPH) sample and test waste when hazardous material levels are unknown to determine safe methods for storage and disposal.

The Contractor shall segregate potentially hazardous waste from non-hazardous waste at the construction site. Hazardous waste shall be handled, stored, and disposed of as required in California Code of Regulations, Title 22, Division 4.5, Section 66262.34; and in CFR Title 49, Parts 261, 262, and 263.

The Contractor shall store hazardous waste in sealed containers constructed and labeled with the contents and date accumulated as required in California Code of Regulations, Title 22, Division 4.5; and in CFR Title 49, Parts 172, 173, 178, and 179. Hazardous waste containers shall be kept in temporary containment facilities conforming to the provisions in "Material Storage" of these Special Provisions.

There shall be adequate storage volume and containers shall be conveniently located for hazardous waste collection. Containers of hazardous waste shall not be overfilled and hazardous wastes shall not be mixed. Containers of dry waste that are not watertight shall be stored on pallets.

The Contractor shall not allow potentially hazardous waste to accumulate on the ground. Hazardous waste shall be stored away from storm drains, watercourses, moving vehicles, and equipment.

The Contractor shall clean water based or oil based paint from brushes or equipment within a contained area and shall not contaminate soil, watercourses, or storm drain systems. Paints, thinners, solvents, residues, and sludges that cannot be recycled or reused shall be disposed of as hazardous waste. When thoroughly dry, latex paint and paint cans, used brushes, rags, absorbent materials, and drop cloths shall be disposed of as solid waste.

The Contractor shall dispose of hazardous waste within 90 days of being generated. Hazardous waste shall be disposed of by a licensed hazardous waste transporter using uniform hazardous waste manifest forms and taken to a Class I Disposal Site. A copy of the manifest shall be provided to the Engineer.

Item # 8.

WASTEWATER TREATMENT PLANT BOILER REPLACEMENT PROJECT Special Provisions- Page 27 of 31 Contaminated Soil
The Contractor shall identify contaminated soil from spills or leaks by noticing discoloration, odors, or differences in soil properties. Soil with evidence of contamination shall be sampled and tested by a laboratory certified by CDPH. If levels of contamination are found to be hazardous, the soil shall be handled and disposed of as hazardous waste.

The Contractor shall prevent the flow of water, including ground water, from mixing with contaminated soil by using one or a combination of the following measures:

A. Berms,
B. Cofferdams,
C. Grout curtains,
D. Freeze walls, or
E. Concrete seal course.

If water mixes with contaminated soil and becomes contaminated, the water shall be sampled and tested by a laboratory certified by the CDPH. If levels of contamination are found to be hazardous, the water shall be handled and disposed of as hazardous waste.

Concrete Waste
The Contractor shall implement practices to prevent the discharge of Portland cement concrete or asphalt concrete waste into storm drain systems or watercourses.

Portland cement concrete or asphalt concrete waste shall be collected at the following locations and disposed of:

A. Where concrete material, including grout, is used;
B. Where concrete dust and debris result from demolition; C. Where sawcutting, coring, grinding, grooving, or hydro-concrete demolition of Portland cement concrete or asphalt concrete creates a residue or slurry; or D. Where concrete trucks or other concrete-coated equipment is cleaned at the construction site.

Sanitary and Septic Waste
Wastewater from sanitary or septic systems shall not be discharged or buried within the Department right of way. The CONTRACTOR shall inspect sanitary or septic waste storage and monitor disposal procedures at least weekly. Sanitary facilities that discharge to the sanitary sewer system shall be properly connected and free from leaks.

The Contractor shall obtain written approval from the local health agency, city, county, and sewer district before discharging from a sanitary or septic system directly into a sanitary sewer system, and provide a copy to the Engineer. The Contractor shall comply with local health agency requirements when using an on-site disposal system.

Liquid Waste
The Contractor shall not allow construction site liquid waste, including the following, to enter storm drain systems or watercourses:

A. Drilling slurries or fluids,
B. Grease-free or oil-free wastewater or rinse water,
C. Dredgings,
D. Liquid waste running off a surface including wash or rinse water, or E. Other non-storm water liquids not covered by separate permits.

The Contractor shall hold liquid waste in structurally sound, leak proof containers such as:

A. Sediment traps,
B. Roll-off bins, or
C. Portable tanks.

Item # 8.

WASTEWATER TREATMENT PLANT BOILER REPLACEMENT PROJECT Special Provisions- Page 28 of 31 Liquid waste containers shall be of sufficient quantity and volume to prevent spills and leaks.

The containers shall be stored at least 50 feet from storm drains, watercourses, moving vehicles, and equipment.

The Contractor shall remove and dispose of deposited solids from sediment traps as provided in "Solid Waste" of these Special Provisions, unless determined infeasible by the Engineer.

Liquid waste may require testing to determine hazardous material content before disposal.

Drilling fluids and residue shall be disposed of outside the highway right of way. If the Engineer determines that an appropriate location is available, fluids and residue exempt under California Code of Regulations, Title 23, Section 2511(g) may be dried by infiltration and evaporation in a leak proof container. The remaining solid waste may be disposed of as provided in "Solid Waste" of these Special Provisions.
10-1.03.4.4 NON-STORM WATER MANAGEMENT
Water Control and Conservation
The Contractor shall prevent erosion or the discharge of pollutants into storm drain systems or watercourses by managing the water used for construction operations. The Contractor shall obtain the Engineer's approval before washing anything on the construction site with water that could discharge into a storm drain system or watercourse. Discharges shall be reported to the Engineer immediately.

The Contractor shall implement water conservation practices when water is used on the construction site. Irrigation areas shall be inspected and watering schedules shall be adjusted to prevent erosion, excess watering, or runoff. The Contractor shall shut off the water source to broken lines, sprinklers, or valves, and they shall be repaired as soon as possible. When possible, water from waterline flushing shall be reused for landscape irrigation. Paved areas shall be swept and vacuumed, not washed with water.

Construction water runoff, including water from water line repair, shall be directed to areas to infiltrate into the ground and shall not be allowed to enter storm drain systems or watercourses.

Spilled water shall not be allowed to escape water truck filling areas. When possible, the Contractor shall direct water from off-site sources around the construction site, or shall minimize contact with the construction site.

Illegal Connection and Discharge Detection and Reporting The Contractor shall inspect the construction site and the site perimeter before beginning work for evidence of illegal connections, discharges, or dumping. Subsequently, the construction site and perimeter shall be inspected on a frequent, predetermined schedule.

The Contractor shall immediately notify the Engineer when illegal connections, discharges, or dumping are discovered. The Contractor shall take no further action unless directed by the Engineer.

Unlabeled or unidentifiable material shall be assumed to be hazardous.

The Contractor shall look for the following evidence of illegal connections, discharges, or dumping:

A. Debris or trash piles,
B. Staining or discoloration on pavement or soils,
C. Pungent odors coming from drainage systems,
D. Discoloration or oily sheen on water,
E. Stains or residue in ditches, channels or drain boxes, F. Abnormal water flow during dry weather,
G. Excessive sediment deposits,
H. Nonstandard drainage junction structures, or
I. Broken concrete or other disturbances near junction structures.

Vehicle and Equipment Cleaning
The Contractor shall limit vehicle and equipment cleaning or washing on the construction site to that necessary to control vehicle tracking or hazardous waste. Vehicles and equipment shall not be cleaned on the construction site with soap, solvents, or steam until the Engineer has been notified.

The resulting waste shall be contained and recycled, or disposed of as provided in "Liquid Waste" or "Hazardous Waste" of these Special Provisions, whichever is applicable. The Contractor shall not use diesel to clean vehicles or equipment, and shall minimize the use of solvents.

Item # 8.

WASTEWATER TREATMENT PLANT BOILER REPLACEMENT PROJECT Special Provisions- Page 29 of 31 The Contractor shall clean or wash vehicles and equipment in a structure equipped with disposal facilities. If using a structure is not possible, vehicles and equipment shall be cleaned or washed in an outside area with the following characteristics:

A. Located at least 50 feet from storm drainage systems or watercourses, B. Paved with asphalt concrete or Portland cement concrete, C. Surrounded by a containment berm, and
D. Equipped with a sump to collect and dispose of wash water.

When washing vehicles or equipment with water, the Contractor shall use as little water as possible. Hoses shall be equipped with a positive shutoff valve.

Wash racks shall discharge to a recycle system or to another system approved by the Engineer.

Sumps shall be inspected regularly, and liquids and sediments shall be removed as needed.

Vehicle and Equipment Fueling and Maintenance
The Contractor shall fuel or perform maintenance on vehicles and equipment off the construction site whenever practical. When fueling or maintenance must be done at the construction site, the Contractor shall designate a site, or sites, and obtain approval from the Engineer before using. The fueling or maintenance site shall be protected from storm water, shall be on level ground, and shall be located at least 50 feet from drainage inlets or watercourses. The CONTRACTOR shall inspect the fueling or maintenance site regularly. Mobile fueling or maintenance shall be kept to a minimum.

The Contractor shall use containment berms or dikes around the fueling and maintenance area.

Adequate amounts of absorbent spill cleanup material and spill kits shall be kept in the fueling and maintenance area and on fueling trucks. Spill cleanup material and kits shall be disposed of immediately after use. Drip pans or absorbent pads shall be used during fueling or maintenance unless performed over an impermeable surface.

Fueling or maintenance operations shall not be left unattended. Fueling nozzles shall be equipped with an automatic shutoff control. Vapor recovery fueling nozzles shall be used where required by the Air Quality Management District. Nozzles shall be secured upright when not in use. Fuel tanks shall not be topped-off.

The Contractor shall recycle or properly dispose of used batteries and tires. 10-1.03.4.5 PAYMENT
Full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in spill prevention and control, material management, waste management, non-storm water management, and dewatering and identifying, sampling, testing, handling, and disposing of hazardous waste, as shown on the plans, as specified in the Standard Specifications and these Special Provisions, and as directed by the Engineer shall be considered as included in the contract prices paid for the items of work that require construction site management and no additional compensation will be allowed.
10-1.04 PROPERTY AND FACILITY PRESERVATION
Attention is directed to Section 5-1.36 "Property and Facility Preservation," of the Standard Specifications and these Special Provisions.

Existing utilities and facilities shall be preserved and protected from damage by the Contractor. An effort has been made to show existing surface and underground structures on the plans, however not all infrastructure may be shown and infrastructure locations may be in different locations from those described. The Contractor is responsible for contacting all agencies and utility owners to verify the location of underground infrastructure prior to and during construction.

Full compensation for conforming to the provisions 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. 10-1.05 COOPERATION
Attention is directed to Section 5-1.09, "Partnering," and Section 5-1.20, "Coordination with Other Entities," of the Standard Specifications and these Special Provisions. Attention is also directed to “General Requirements” of these Special Provisions.

Following is a list of some, but not necessarily all, of the utility companies that may have facilities in the project area:

Utility Company Contact Person Telephone Number

Item # 8.

WASTEWATER TREATMENT PLANT BOILER REPLACEMENT PROJECT Special Provisions- Page 30 of 31 Pacific Gas & Electric Lee Wells 530-477-3260
AT&T Astrid Willard 916-484-2388
Comcast Cable Justin Haggin 530-790-3369
City of Grass Valley – Sewer/Water/Storm Drain Public Works Department 530-274-4350 The Contractor shall coordinate with Pacific Gas and Electric Company for the removal, relocation, repair, or disturbance of any gas or electric facilities caused by project work.

The Contractor shall coordinate with the AT&T for the removal, relocation, repair, or disturbance of any telecommunications facilities caused by project work.

The Contractor shall coordinate with the Comcast Cable for the removal, relocation, repair, or disturbance of any cable television facilities caused by project work.

The Contractor shall coordinate with the City of Grass Valley for the removal, relocation, repair, or disturbance of any water, sewer storm drain facilities caused by project work.

Any utilities not listed above or damaged by the Contractor during the course of project work shall be repaired or replaced in cooperation with the affected utility company.

The Contractor shall provide sufficient notification to the affected utility company to allow time for scheduling and completion of the required work. Any delays resulting from the Contractor’s failure to properly notify or schedule utility company work shall be at the Contractor’s expense.

Full compensation for conforming to the provisions of this section shall be considered as included in prices paid for the various Contract items of work involved and no additional compensation will be allowed. 10-1.06 OBSTRUCTIONS
Attention is directed to Section 5-1.20, "Coordination with Other Entities," of the Standard Specifications and of these Special Provisions.

Attention is directed to the existence of certain underground facilities that may require special precautions be taken by the Contractor to protect the health, safety and welfare of workers and of the public. Facilities requiring special precautions include, but are not limited to: natural gas in pipelines underground electric supply system conductors or cables, with potential to ground of more than 300 V, either directly buried or in a duct or conduit which do not have concentric grounded or other effectively grounded metal shields or sheaths, water mains, gravity sanitary sewer lines, and telephone conduits.

The Contractor shall notify the Engineer and the appropriate regional notification center for operators of subsurface installations at least 2 working days, but not more than 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:

Notification Center Telephone Number
Underground Service Alert – Northern California (USA) 1-800-227-2600 The Contractor is hereby notified that prior to commencing construction, he is responsible for contacting all utility companies for verification at the construction site of the locations of all underground facilities that may conflict with the placement of the improvements shown on the plans. Where potential conflict exists, the Contractor shall pothole existing utilities to determine their elevation. Call “Underground Service Alert” at 800-227-2600 forty-eight (48) hours before any excavation is started.

Full compensation for conforming to the provisions of this section, including exposing existing utilities, and any potholing, not otherwise provided for, shall be considered as included in the prices paid for the various Contract items of work involved and no additional compensation will be allowed. 10-1.07 BOILER REPLACEMENT SPECIFICATIONS
10-1.07.1 PURCHASE BOILER
The new boiler to be purchased is to meet or exceed the specifications provided for the existing equipment as listed here and shown in “Attachment B – Project Plans and Equipment Specifications.” The existing boiler was furnished by Ralph B. Carter Company in 1986 and is Sludge Heater Model H658C42-G for Sewage and Natural Gas.

Full compensation for furnishing the required boiler, as shown on the Plans, as specified in these Special Provisions, and as directed by the Engineer, shall be included in the contract lump sum price for “Purchase Boiler” and no additional compensation will be allowed.

Item # 8.

WASTEWATER TREATMENT PLANT BOILER REPLACEMENT PROJECT Special Provisions- Page 31 of 31 10-1.07.2 REPLACE BOILER
The existing boiler is installed in the boiler room next to the digester. There should be no issues with access for the replacement of the existing equipment.

It shall be the contractor’s responsibility to dispose of the existing equipment that is to be removed.

Full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for performing all the work involved in replacing the existing boiler with new equipment, as shown on the Plans, as specified in these Special Provisions, and as directed by the Engineer, shall be included in the contract lump sum price for “Replace Boiler” and no additional compensation will be allowed.

Item # 8.

APPENDIX A – CONSTRUCTION CONTRACT

Item # 8.

WASTEWATER TREATMENT PLANT BOILER REPLACEMENT PROJECT Construction Contract– Page 1 of 17 CONTRACT NO. _______

CITY OF GRASS VALLEY

PUBLIC WORKS DEPARTMENT

ENGINEERING DIVISION

CONSTRUCTION CONTRACT
THIS CONTRACT is made on the date set forth below, by and between the CITY OF GRASS VALLEY, a municipal corporation within the State of California (hereinafter "CITY"), and _______________________, a type in business form and state of license i.e. California Corporation, (hereinafter “CONTRACTOR”). The CITY and CONTRACTOR for the consideration hereinafter mentioned agree as follows:

ARTICLE 1: SCOPE OF WORK

1.1. CONTRACTOR agrees to furnish all work, labor, tools, materials, transportation, equipment, services, and other means of construction necessary to perform and complete in a good and workmanlike manner, those certain improvements as called for, and in the manner designated in, and in strict conformity with Contract No. _______ entitled: WASTEWATER TREATMENT PLANT BOILER REPLACEMENT PROJECT, NO. 26-01, hereafter "PROJECT", in compliance with the Contract Documents as described in Article 3.

1.2. CONTRACTOR understands and agrees that the work, labor, tools, materials, transportation, equipment, incidentals, services and other means of construction for the Project shall be furnished and the work performed as required in the Contract Documents under the sole direction and control of CONTRACTOR, and subject to the inspection and approval of the CITY, or its representatives.

ARTICLE 2: CONTRACT PRICE

2.1. The CITY agrees to pay and the CONTRACTOR agrees to accept, in full payment for the work above agreed to be done, the sum of _______________________________ ($_______________) subject to additions and deductions as provided in the Contract Documents.

ARTICLE 3: CONTRACT DOCUMENTS

3.1. The complete Contract consists of the following documents, to wit:

Notice to Contractors
Executed Proposal, including the Bidder’s Bond and Non-Collusion Affidavit Construction Contract
Project Plans for this Project
Special Provisions for this Project
City of Grass Valley Improvement Standards
Executed Performance Bond
Executed Labor and Materials Bond
Labor Code Section 1861 Certification
List of Subcontractors

3.2. Any and all obligations of the CITY and the CONTRACTOR are fully set forth and described in the above documents. All of the above documents are intended to be interpreted so that any work called for in one and not mentioned in another or vice versa is to be executed as if mentioned in all said documents. The documents comprising the complete Contract are sometimes collectively referred to as the Contract Documents.

ARTICLE 4: TIME FOR PERFORMANCE - LIQUIDATED DAMAGES

4.1. The Commencement date for determination of the time for completion shall be the date the City

Item # 8.

WASTEWATER TREATMENT PLANT BOILER REPLACEMENT PROJECT Construction Contract– Page 2 of 17 engineer directs the CONTRACTOR to proceed, as stated in the Notice to Proceed. The CONTRACTOR shall complete all work required by the Contract within 10 working days after said commencement date, as adjusted and provided for in the Contract Documents.

4.2. In the event CONTRACTOR does not complete all work required by the Contract within the time specified above, liquidated damages shall be imposed upon the CONTRACTOR. CONTRACTOR agrees that if all the work called for under this Contract in all parts and requirements is not completed within the performance time period set forth above, the CITY will be damaged. As it is and will be impracticable to ascertain and determine the actual damage the CITY will sustain, CONTRACTOR agrees to pay to CITY one thousand dollars ($1000.00) per calendar day for each and every day(s) delay in finishing the work in excess of the working days described. Time is of the essence in this contract. CONTRACTOR further agrees that CITY may deduct the amount of these damages from any moneys due or that may become due the CONTRACTOR under this Contract.

To the extent appropriate, as determined by CITY in its sole discretion, CITY shall administer this Article in accordance with the California Department of Transportation Standard Specifications Section 8-1.10 Liquidated Damages, latest edition.

ARTICLE 5: INDEMNITY & HOLD HARMLESS

5.1. The CITY, and all its officers, agents, employees, outside parties hired to inspect and/or design the work, and volunteers thereof connected with the work, including but not limited to, the City Engineer and the Engineer, shall not be answerable or accountable in any manner for the loss or damage to any of the materials or other things used or employed in performing the work; for injury to or death of any person, either worker or the public; or damage to property from any cause which may have been prevented by CONTRACTOR or his or her workers or anyone employed by him/her.

5.2. 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 acceptance.

5.3. The CONTRACTOR shall indemnify and save harmless the CITY, and its officials, officers, agents, employees, or consultants and volunteers thereof connected with the work, including but not limited to, the City Engineer and the Engineer, from all claims, suits, or actions of every name, kind, and description brought forth on or on account of injuries to or death of any person, including but not limited to, workers or the public or damage to property resulting from the performance of the contract except as otherwise provided by statute or section 5.6 below. CONTRACTOR’s duty to indemnify and save harmless include the duties to defend as set forth in Civil Code Section 2778.

5.4. With respect to third party claims against the CONTRACTOR, the CONTRACTOR waives any and all rights to any type of express or implied indemnity against the CITY, its officials, officers, employees, agents, consultants, or volunteers.

5.5. It is the intent of the parties that the CONTRACTOR will indemnify and hold harmless the CITY, its officers, employees, agents and volunteers, from any and all claims, suits, or actions as set forth above, regardless of the existence or degree of fault or negligence on the part of the CITY, the CONTRACTOR, the subcontractors or employees of any of these, other than the sole or gross negligence of the CITY, its officials, officers, employees, agents, consultants, or volunteers.

5.6. In compliance with and pursuant to Government Code § 4215, CITY shall assume the responsibility, between the parties to the contract, for the timely removal, relocation, or protection of existing main- or trunk-line utility facilities located on the site of any construction project that is a subject of the contract, if such utilities are not identified by CITY in the plans and specifications made a part of the invitation for bids. CITY shall compensate CONTRACTOR for its reasonable and actual costs of locating, repairing damage not due to the failure of the CONTRACTOR to exercise reasonable care, and removing or relocating such utility facilities not indicated in the plans and specifications with reasonable accuracy, and for equipment on the project necessarily idled during such work. CONTRACTOR shall not be assessed liquidated damages for delay in completion of the project when such delay was caused by the failure of CITY or the owner of the

Item # 8.

WASTEWATER TREATMENT PLANT BOILER REPLACEMENT PROJECT Construction Contract– Page 3 of 17 utility to provide for removal or relocation of such utility facilities.

ARTICLE 6: INSURANCE

6.1. Throughout the period of this agreement, the CONTRACTOR shall provide the following minimum insurance coverage as listed below. CONTRACTOR shall file with CITY certificate(s) of Insurance and endorsements, in a form acceptable to CITY, and consistent with this agreement at the time of execution of this agreement. The insurance company must be acceptable to CITY, with a Best’s Rating of no less than A:VII. Documentation of such rating acceptable to the CITY shall be provided at the same time Insurance Certificates are submitted. The Current evidence of coverage provided to the City shall be for the entire required period of insurance, including the one (1) year warranty period.

6.1.1 Any deductibles must be declared to, and approved by, the City.

6.2. In the event any of the required policies are canceled or expire before the completion of the project and the CONTRACTOR does not furnish a new certificate(s) of insurance before cancellation or expiration, the CITY may obtain the required insurance and deduct the premium(s) from Contract monies due the CONTRACTOR.

6.3. WORKER'S COMPENSATION AND EMPLOYERS LIABILITY INSURANCE:

6.3.a. The CONTRACTOR shall maintain adequate Workers’ Compensation Insurance under the Laws of the State of California. CONTRACTOR shall fully comply with the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, before commencing the performance of the work.

6.3.b. By CONTRACTOR'S signature hereunder, CONTRACTOR certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake selfinsurance in accordance with the provisions of that Code, and he/she will comply with such provisions before commencing the performance of this Contract.

6.3.c. If such insurance is underwritten by any agency other than State Compensation Fund, such agency shall be a company authorized to do business in the State of California.

6.3.d. CONTRACTOR shall require all subcontractors to maintain adequate Workers’ Compensation Insurance. Certificates of such Workers’ Compensation shall be filed forthwith with the CITY upon demand.

6.3.e. Worker's Compensation Insurance shall be provided as required by any applicable law or regulation. Employer's liability insurance shall be provided in amounts not less than the following:
 One Million dollars ($1,000,000) each accident for bodily injury by accident  One Million dollars ($1,000,000) policy limit for bodily injury by disease  One Million dollars ($1,000,000) each employee for bodily injury by disease

6.3.f. If there is an exposure of injury to CONTRACTOR’S employees under the U.S.

Longshoremen’s and Harbor Worker’s Compensation Act, the Jones Act, or under laws, regulations, or statutes applicable to maritime employees, coverage shall be included for such injuries or claims.

6.3.g. Each Worker's Compensation policy shall be endorsed with the following specific language:

Cancellation Notice: "This policy shall not be canceled or materially changed without first giving thirty (30) days prior written notice to the City of Grass Valley."

Item # 8.

WASTEWATER TREATMENT PLANT BOILER REPLACEMENT PROJECT Construction Contract– Page 4 of 17 Waiver of Subrogation: “The Insurance Company agrees to waive all rights of subrogation against the Entity, its elected or appointed officials, agents, employees and volunteers for losses paid under the terms of this policy which arise from the work performed by the Named Insured for the Entity.”

6.4. GENERAL LIABILITY INSURANCE:

6.4.a. Comprehensive General Liability or Commercial General Liability insurance no less broad than ISO form CG 00 01, covering all operations by or on behalf of CONTRACTOR, providing insurance for bodily injury liability and property damage liability for the limits of liability indicated below and including coverage for: premises, operations; products and completed operations; contractual liability insuring the obligations assumed by CONTRACTOR in this Agreement; broad form property damage (including completed operations); explosion, collapse, and underground hazards; personal injury liability.

6.4.b. Except with respect to bodily injury and property damage included within the products and completed operations hazards, the aggregate limits, where applicable, shall apply separately to CONTRACTOR’S work under the Contract. One of the following forms is required: Commercial General Liability (Occurrence); or Commercial General Liability (Claims Made).

6.4.c. If CONTRACTOR carries a Commercial General Liability (Occurrence) policy:

1. The limits of liability shall not be less than:
 One Million dollars ($1,000,000) each occurrence (combined single limit for bodily injury and property damage)
 One Million dollars ($1,000,000) for Personal Injury Liability  Two Million dollars ($2,000,000) for Products-Completed Operations  Two Million dollars ($2,000,000) General Aggregate

2. If the policy does not have an endorsement providing that the General Aggregate Limit applies separately, or if defense costs are included in the aggregate limits, then the required aggregate limits shall be Two Million dollars ($2,000,000).

6.4.d. Special Claims Made Policy Form Provisions:

CONTRACTOR shall not provide a Commercial General Liability (Claims Made) policy without the prior written consent of CITY, which consent, if given, shall be subject to the following conditions:

1. The limits of liability shall not be less than:
 One Million dollars ($1,000,000) each Occurrence (combined single limit for bodily injury and property damage)
 One Million dollars ($1,000,000) for Personal Injury Liability  Two Million dollars ($2,000,000) Aggregate for Products Completed Operations
 Two Million dollars ($2,000,000) General Aggregate

2. The insurance coverage provided by CONTRACTOR shall contain language providing coverage up to one (1) year following the completion of the Contract to provide insurance coverage for the hold harmless provisions herein if the policy is a Claims Made Policy.

6.5. CONFORMITY OF COVERAGES:

6.5.a. If more than one policy is used to meet the required coverages, such as a separate umbrella policy, such policies shall be consistent with all other applicable policies used to meet these

Item # 8.

WASTEWATER TREATMENT PLANT BOILER REPLACEMENT PROJECT Construction Contract– Page 5 of 17 minimum requirements. For example, all policies shall be Occurrence Liability policies, or all shall be Claims Made Liability policies if approved by the CITY as noted above. In no case shall the types of coverages be different.

6.6. ADDITIONAL REQUIREMENTS:

6.6.a. Premium Payments: Insurers shall have no recourse against the CITY, its funding agencies, its officers and employees, or any of them for payment of any premiums or assessments under any policy.

6.6.b. Policy Deductibles: The CONTRACTOR shall be responsible for all deductibles in all of CONTRACTOR’S insurance policies. The amount of deductibles for insurance coverage required herein should be reasonable and subject to CITY’S approval.

6.6.c. CONTRACTOR’S Obligations: CONTRACTOR’S indemnity and other obligations shall not be limited by the foregoing insurance requirements and shall survive the expiration of this agreement.

6.6.d. Material Breach: Failure of the CONTRACTOR to maintain the insurance required by this agreement, or to comply with any of the requirements of this section, shall constitute a material breach of the entire agreement.

6.6.e Duration of Coverage: City must be an additional insured for completed operations for a period of one (1) year after completion of the work.

6.6.f Project Reference: The Comprehensive or Commercial General Certificate of Insurance must reference the project specifically by project title.

6.7. ENDORSEMENTS:

6.7.a. Each Comprehensive or Commercial General Liability policy shall be endorsed with the following specific language:

Cancellation Notice: “This policy shall not be canceled, materially reduced, or materially changed without first giving thirty (30) days prior written notice to the City of Grass Valley.” Waiver of Subrogation: “The Insurance Company agrees to waive all rights of subrogation against the City of Grass Valley, its elected or appointed officials, agents, employees and volunteers for losses paid under the terms of this policy which arise from the work performed by the Named Insured for the City of Grass Valley.”
“Provisions Regarding the Insured’s Duties: “ Any failure to comply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the Entity, its elected or appointed officers, officials, employees or volunteers.” “Except as stated above, nothing herein shall be held to waive, alter or extend any of the limits, conditions, agreements or exclusions of the policy to which this endorsement is attached.” "The City of Grass Valley, and additional insureds, and all insureds officers, agents, outside parties hired to inspect and/or design the work, employees, and volunteers are to be covered as insured for all liability arising out of the operations by or on behalf of the named insured in the performance of this Agreement.”
The City of Grass Valley’s policy of insurance shall be excess and noncontributing: “The insurance provided by the Contractor, including any excess liability or umbrella form coverage, is primary coverage to the City of Grass Valley and additional insureds, with respect to any insurance or selfinsurance programs maintained by the City of Grass Valley and additional insureds, and no insurance held or owned by the City of Grass Valley and additional insureds shall be called upon to contribute to a loss.”

Item # 8.

WASTEWATER TREATMENT PLANT BOILER REPLACEMENT PROJECT Construction Contract– Page 6 of 17

6.8. AUTOMOBILE LIABILITY INSURANCE:

6.8.a. CONTRACTOR shall provide Automobile Liability insurance covering bodily injury and property damage in an amount no less than One Million dollars ($1,000,000) combined single limit for each occurrence.

6.8.b. Covered vehicles shall include owned, non-owned, and hired automobiles/trucks.

6.8 c. Endorsements: The endorsements listed above for each Comprehensive or General Liability Policy shall also apply to the Automobile Liability Policy.

6.8 d. Required Evidence of Coverage: Properly completed Certificate of Insurance.

ARTICLE 7: PRECEDENCE IN CONFLICTING DOCUMENTS

7.1. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid or proposal of said CONTRACTOR, then this instrument shall control and nothing herein shall be considered as acceptance of any terms of that proposal conflicting herewith.

ARTICLE 8: BOND REQUIREMENTS

8.1. CONTRACTOR shall furnish both a Faithful Performance Bond and a Payment Bond (hereinafter collectively “Bonds”) in the full amount of the Contract on the forms provided by the CITY. CITY shall retain the Performance Bond for a one-year guarantee period from the date of the CITY’S acceptance of the work.

8.2. The bonds shall be obtained from a California admitted surety licensed by the State of California to act as surety upon bonds and undertakings and which maintains in this State at least one office for the conduct of its business. The surety shall furnish reports as to its financial condition from time to time upon request by CITY.

8.3. In case of any conflict between the terms of the Contract and the terms of the Bonds, the terms of the Contract shall control and the Bonds shall be deemed to be amended thereby.

8.4. CONTRACTOR agrees to obtain the consent of the surety, if required, to any change, extension of time, alteration, or addition to any of the terms of the Contract Documents.

ARTICLE 9: COMPLIANCE WITH LAWS

9.1. CONTRACTOR is an independent contractor and shall, at its sole cost and expense comply with all laws, rules, ordinances and regulations of all governing bodies having jurisdiction over the work, obtain all necessary permits (unless the Contract Documents specifically state elsewhere that CITY shall obtain a particular permit) and licenses therefore, pay all manufacturers’ taxes, sales taxes, use taxes, processing taxes, and all Federal and State taxes, insurance and contributions for social security and unemployment which are measured by wages, salaries or any remuneration paid to CONTRACTOR’S employees, whether levied under existing or subsequently enacted laws, rules or regulations. CONTRACTOR shall also pay all property tax assessments on materials or equipment used until acceptance by CITY. If any discrepancy or inconsistency is discovered in any of the Contract Documents in relation to any such law, rule, ordinance, regulation, order, or decree, the CONTRACTOR shall forthwith report the same to the CITY in writing.

9.2. Without limitation, materials furnished and performance by CONTRACTOR hereunder shall comply with Safety Orders of the Division of Industrial Safety, State of California, Federal Safety regulations of the Bureau of Labor, Department of Labor; and any other applicable state or federal regulations.

9.3. CONTRACTOR, upon request, shall furnish evidence satisfactory to CITY that any or all of the foregoing obligations have been or are being fulfilled. CONTRACTOR warrants to CITY that it is

Item # 8.

WASTEWATER TREATMENT PLANT BOILER REPLACEMENT PROJECT Construction Contract– Page 7 of 17 licensed by all applicable governmental bodies to perform this Contract and will remain so licensed throughout the progress of the work, and that it has, or will have, throughout the progress of the work, the necessary experience, skill, and financial resources to perform this Contract.

9.4. CONTRACTOR is required to ensure that material safety data sheets (MSDS’s) for any material requiring a MSDS pursuant to any federal or state law are available in a readily accessible place on the Project premises. CONTRACTOR is also required to ensure (a) the proper labeling of any substance brought onto the Project premises by CONTRACTOR or any subcontractors or material suppliers, and (b) that the person(s) working with the material, or within the general area of the material, are appropriately informed about the hazards of the substance and follow proper handling and protection procedures.

9.5. CONTRACTOR is required to comply with Health & Safety Sections 25249.5 et seq. (Prop. 65), which requires the posting and giving of notice to persons who may be exposed to any chemical known to the State of California to cause cancer.

9.6. CONTRACTOR shall comply with Title VI of the Civil Rights Act of 1964 (PL 88-352) and all regulations or other requirements issued pursuant to that Act, including, without limitation, United States Department of Agriculture nondiscrimination regulations found at 7 CFR Part 15.

9.7. CONTRACTOR shall give notice of hazardous materials and certain changed conditions in jobs involving trenching more than four feet deep, in accordance with Public Contract Code § 7104.

9.8. CONTRACTOR and CITY shall comply with the following provisions • Public Contract Code § 6109 prohibits a contractor from performing work with a subcontractor who is debarred pursuant to Labor Code §§ 1777.1 or 1777.7. • Public Contract Code §§ 9204, 20104 requires the City and contractors to follow a claims resolution process for public works contract disputes
• Article 1.5 (commencing at Section 20104) of Division 2, Part 3 of the Public Contract Code regarding the resolution of public works claims of less than $375,000. Article 1.5 mandates certain procedures for the filing of claims and supporting documentation by Contractor, for the response to such claims by the Agency, for a mandatory meet and confer conference upon the request of Contractor, for mandatory nonbinding mediation in the event litigation is commenced, and for mandatory judicial arbitration upon the parties’ failure to resolve the dispute through mediation. This AGREEMENT hereby incorporates the provisions of Article 1.5 as though fully set forth herein.
• Public Contract Code §§ 10263, 22300 which allow CONTRACTOR to substitute securities for any monies withheld by the AGENCY to ensure performance under the Contract. • Pursuant to Labor Code § 1776 each contractor and subcontractor shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records enumerated here shall be verified and shall be available for inspection at all reasonable hours as required by Labor Code § 1776. • Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
o The information contained in the payroll record is true and correct. o The employer has complied with the requirements of Labor Code §§ 1771, 1811, and 1815 for any work performed by his or her employees on the public works project. • CONTRACTOR shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services

Item # 8.

WASTEWATER TREATMENT PLANT BOILER REPLACEMENT PROJECT Construction Contract– Page 8 of 17 or expenditures and disbursements charged to CITY under this Agreement for a minimum of three years, or for any longer period required by law, from the date of final payment to CONTRACTOR under this Agreement. All such documents shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of CITY. In addition, pursuant to Government Code Section 8546.7, all such documents and this Agreement shall be subject to the examination and audit of the State Auditor, at the request of CITY or as part of any audit of CITY, for a period of three years after final payment under the Agreement.
• Public Contract Code § 10198.2 requires CONTRACTOR to provide an enforceable commitment that it and its subcontractors at every tier will use a skilled and trained workforce to perform all work on the project or contract that falls within an apprenticeable occupation in the building and construction trades, in accordance with Chapter 2.9 (commencing with Section 2600) of Part 1 of that Code.
• California Labor Code § 1725.5 requires CONTRACTOR be registered with the Department of Industrial Relations; possess applicable licenses in accordance with Chapter 9 of Division 3 of the Business and Professions Code; not have any delinquent liability for any assessment of back wages or related damages; not currently be debarred from public works; and be lawfully registered with no outstanding renewal fees.
• CONTRACTOR must comply with statutory requirements relating to certified copies of payroll, pursuant to California Labor Code § 1776.
• CONTRACTOR must comply with the statutory requirements relating to the employment of apprentices, including the payment of prevailing wages for required pre-employment training or testing, pursuant to California Labor Code § 1777.5, for contracts of $30,000 or more. • CONTRACTOR shall strictly adhere to the provisions of the Labor Code regarding the 8-hour day and the 40-hour week, overtime, Saturday, Sunday and holiday work and nondiscrimination because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex or sexual orientation, except as provided in Section 12940 of the Government Code. Pursuant to the provisions of the Labor Code, eight hours’ labor shall constitute a legal day’s work. Work performed by the Contractor’s employees in excess of eight hours per day, and 40 hours during any one week, must include compensation for all hours worked in excess of eight hours per day, or 40 hours during any one week, at not less than one and one-half times the basic rate of pay. The CONTRACTOR shall forfeit as a penalty to CITY $25.00 or any greater penalty set forth in the Labor Code for each worker employed in the execution of the work by the CONTRACTOR or by any Subcontractor of the CONTRACTOR, for each Calendar Day during which such worker is required or permitted to the work more than eight hours in one Calendar Day or more than 40 hours in any one calendar week in violation of the provisions of said Labor Code. • Contractor and any subcontractor(s) of Contractor shall comply with the provisions of Labor Code section 1771 and Labor Code section 1725.5 requiring registration with the Department of Industrial Relations (DIR). Contractors shall be registered through the Department of Industrial Relation’s (DIR) Public Works Program for state and local public works contracts, for maintenance work valued at more than $15,000.

ARTICLE 10: PROGRESS SCHEDULE

10.1. The CONTRACTOR shall submit within 10 days (or as specified in the Special Provisions for this Project) after execution of the Contract a detailed work schedule or schedules that details the actions of the CONTRACTOR and Subcontractors working at the Site in accordance with the requirements specified in Special Provisions. This schedule(s) shall show the dates at which the CONTRACTOR will start and complete the several parts of the work and shall conform to the completion time specified in the Contract. The CITY may comment on the work schedule.

Acceptance of the schedule by CITY shall not constitute approval of the Plan by CONTRACTOR for completion of the work

Item # 8.

WASTEWATER TREATMENT PLANT BOILER REPLACEMENT PROJECT Construction Contract– Page 9 of 17

10.2. The CONTRACTOR shall review and, if necessary, revise the progress schedule at least once a month or as specified in the Special Provisions for this Project. In any event, the CONTRACTOR shall submit a current schedule to the Engineer at the Engineer’s request at any time during the Contract period.

10.3. No progress payments will be made for any work performed until a satisfactory schedule has been submitted and approved by the Engineer. An updated schedule shall be required from the CONTRACTOR if the project falls 10 working days behind schedule. For delays or portions of delays for which the CONTRACTOR is responsible, no payment will be made or time extension allowed for increase in work force, equipment, and working hours needed to put the Project on schedule.

ARTICLE 11: PROMPT PAYMENT PROVISIONS

11.1. Prompt payment provisions in accordance with Section 20104.50 of the Public Contract Code shall apply to this agreement.

11.2. If CITY fails to make a progress payment within 30 days after receipt of an undisputed and properly submitted payment request from CONTRACTOR, CITY shall pay interest to CONTRACTOR equivalent to 0.833% per month (10% per annum).

11.3. CITY shall review each payment request as soon as practicable after receipt to determine whether the payment request is proper. The CITY shall return any payment request determined to be improper to CONTRACTOR as soon as practicable, but not later than seven days after receipt. A request returned pursuant to this paragraph shall be accompanied by a writing setting forth why the payment request is improper.

ARTICLE 12: ANTITRUST CLAIM ASSIGNMENT

12.1. CONTRACTOR and all subcontractors offer and agree to assign to CITY all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the Contract or any subcontract. This assignment shall be made and become effective when the CITY tenders final payment to CONTRACTOR, without further acknowledgment by the parties.

ARTICLE 13: PREVAILING WAGES

13.1. CONTRACTOR acknowledges that it has examined the prevailing rate of per diem wages as established by the California Director of Industrial Relations. The CONTRACTOR agrees to pay workers not less than the applicable prevailing rate of per diem wages, as set forth in these requirements and Labor Code section 1770 et seq. CONTRACTOR agrees specifically to comply with the provisions of Labor Code sections 1720, 1773.3, 1776, and 1777.5, as well as Section 7 of the Department of Transportation Standard Specifications and these Contract Documents.

13.2. Contractor acknowledges that this contract is subject to prevailing wage law, including, but not limited to, California Labor Code Sections 1773.2 and 1775 as follows:

The Contractor shall pay the prevailing wage rates for all work performed under the Contract. When any craft or classification is omitted from the general prevailing wage determinations, the Contractor shall pay the wage rate of the craft or classification most closely related to the omitted classification. The Contractor shall forfeit as a penalty to City $200.00, or any greater penalty provided in the Labor Code for each Calendar Day, or portion thereof, for each worker paid less than the prevailing wage rates for any work done under the Contract employed in the execution of the work by Contractor or by any Subcontract under Contractor in violation of the provisions of the Labor Code. In addition, the difference between such prevailing wage rates and the amount paid to each worker for each Calendar Day, or portion thereof, for which each worker was paid less than the

Item # 8.

WASTEWATER TREATMENT PLANT BOILER REPLACEMENT PROJECT Construction Contract– Page 10 of 17 prevailing wage rate shall be paid to each worker by the Contractor.

ARTICLE 14: SEVERABILITY.

14.1. Nothing contained in the Contract Documents shall be construed to require the commission of any act contrary to law. Should a conflict arise between any provisions contained herein and any present or future statute, law, ordinance, or regulation contrary to which the parties have no legal right to contract or act, the latter shall be curtailed and limited but only to the extent necessary to bring it within the requirements of the law. If such curtailment or limitation is not possible, the affected provision shall be of no force and effect. Except as previously mentioned, such illegality shall not affect the validity of this Contract.

ARTICLE 15: COMPLETE AGREEMENT

15.1. These Contract Documents supersede any and all agreements, either oral or in writing, between the parties with respect to the subject matter herein. Each party to this Contract acknowledges that no representation by any party, which is not embodied herein, or any other agreement, statement, or promise not contained in these Contract Documents shall be valid and binding.

ARTICLE 16: INTERPRETATION

16.1. The parties hereto acknowledge and agree that each has been given the opportunity to independently review this Contract with legal counsel, and/or has the requisite experience and sophistication to understand, interpret and agree to the particular language of the provisions of the Contract.

16.2. In case of a controversy or dispute between the parties concerning the provisions herein, this document shall be interpreted according to the provisions herein and no presumption shall arise concerning the draftsmanship of such provision.

ARTICLE 17: GOVERNING LAW

17.1. This Contract is subject to the laws and jurisdiction of the State of California. Venue for any legal proceeding brought in conjunction with this Contract shall be the Superior Court of the County of Nevada, State of California. Contractor waives any federal court removal rights it may have pursuant to any applicable law.

Item # 8.

WASTEWATER TREATMENT PLANT BOILER REPLACEMENT PROJECT Construction Contract– Page 11 of 17 ARTICLE 18: BID ITEMS
ITEM
NO. DESCRIPTION UNIT OF MEAS.

EST.

QTY.

UNIT
PRICE
TOTAL
COST
1 Purchase Boiler LS 1
2 Replace Boiler LS 1
TOTAL COST: $_______________
_______________________________
Name of Contractor/Company

Item # 8.

WASTEWATER TREATMENT PLANT BOILER REPLACEMENT PROJECT Construction Contract– Page 12 of 17 WITNESS WHEREOF, the parties have hereunto set their hands the year and date first above written.

ATTACHMENTS

1. Labor Code Section 1861 Certification

2. Labor & Materials Bond

3. Faithful Performance Bond

4. List of Subcontractors
“CITY”

CITY OF GRASS VALLEY
By:_________________________
Hillary Hodge, Mayor
Date: _______________
Award of Contract No. ____
By the City Council On:

Date: _______________

APPROVED AS TO PROCEDURE
By:_________________________
Bjorn P. Jones, PE
City Engineer
Date:_______________________

APPROVED AS TO FORM
By:_________________________
David J. Ruderman, Esq.

City Attorney
Date:_______________________
ATTEST:

By:_________________________
Taylor Whittingslow
City Clerk
Date:_______________________
“CONTRACTOR”
(Type full legal name of contractor, entity
type, state of organization here)
By:_________________________
Officer Signature # 1
(Signature Notarized)
By:_________________________
Print Name and Title
Date:_______________________
By:_________________________
Officer Signature # 2
(Signature Notarized)
By:_________________________
Print Name and Title
Date:_______________________
Licensed in accordance with an act
providing for the registration of
Contractors,
Contractor’s License Number: ________
"If Contractor is a corporation, contract must be signed by the following two corporate officers, one from each category: (1) Chairman of the Board, President or any Vice President, and (2), Corporate Secretary, any Assistant Corporate Secretary, Chief Financial Officer or any Treasurer or Assistant Treasurer, unless an authenticated copy of a resolution of the corporation which delegates to a single officer the authority to bind the corporation is attached to this contract.

If Contractor is another type of business entity, such as a partnership or limited liability company, contract must be signed by officer(s) possessing legal authority to bind the entity. An authenticated copy of a resolution, partnership agreement, operating agreement or other legal evidence of signature authority must be attached to this contract.”

Item # 8.

WASTEWATER TREATMENT PLANT BOILER REPLACEMENT PROJECT Construction Contract– Page 13 of 17

CERTIFICATION
LABOR CODE SECTION 1861

STATE OF CALIFORNIA

CITY OF GRASS VALLEY
I, the undersigned, do hereby certify:

That I am aware of the provisions of Section 3700 of the Labor Code of the State of California, which requires every employer to be insured against liability for Workers’ Compensation or to undertake self insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

Executed at : ___________________________________________________ On: ___________________________________________________ I certify under the penalty of perjury that the foregoing is true and correct.

CONTRACTOR - EMPLOYER
BY: __________________________________
PRINT NAME: _________________________
TITLE: _______________________________

Item # 8.

WASTEWATER TREATMENT PLANT BOILER REPLACEMENT PROJECT Construction Contract– Page 14 of 17

BOND FOR LABOR AND MATERIALS

KNOW ALL MEN BY THESE PRESENTS THAT WHEREAS, CITY OF GRASS VALLEY, STATE OF CALIFORNIA, hereinafter called the “Owner” has awarded to ________________________, as Principal, hereinafter designated as the “Contractor,” a contract for the work described as follows:

WASTEWATER TREATMENT PLANT BOILER REPLACEMENT PROJECT, PROJECT NO. 26-01 AND, WHEREAS, the Contractor is required to furnish a bond in connection with said contract, to secure the payment of claims of laborers, mechanics, materialmen, and other persons as provided by law; NOW, THEREFORE, we, the undersigned Contractor and ______________________________ Surety, are held and firmly bound unto the Owner in the amount required by law, in the sum of __________________________________________ Dollars ($__________________________) for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION of this obligation is such, that if the Contractor, his or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons referred to in Civil Code 9100, amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or amount due the Franchise Tax Board as provided in Civil Code 9554, that the surety or sureties herein will pay for the same, in amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In case suit is brought in this bond, the said surety will pay reasonable attorneys’ fee to be fixed by the court.

This bond shall inure to the benefit of any of the persons referred to in Civil Code 9100 so as to give a right of action to such persons or their assigns in any suit brought upon this bond. Any such right of action shall be subject to the provisions of Civil Code 8608 and 9566.

PROVIDED, FURTHER, that the said surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications.

PROVIDED, FURTHER, that no settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

PROVIDED, FURTHER, that surety covenants that it is an Admitted Surety Insurer in the State of California as defined by California Code of Civil Procedures, Section 995.120. . _______________________________ ________________________________ *SURETY Attorney-In-Fact CONTRACTOR
(Signature must be notarized) (Signature must be notarized) Date: ____________________ Date: ____________________
Address of Surety: ______________________________________________________ * ATTORNEY-IN-FACT MUST HAVE POWER OF ATTORNEY ON FILE WITH CITY CLERK OF CITY OF GRASS VALLEY OR INCLUDE A COPY OF POWER OF ATTORNEY WITH THIS BOND.

Item # 8.

WASTEWATER TREATMENT PLANT BOILER REPLACEMENT PROJECT Construction Contract– Page 15 of 17

BOND OF FAITHFUL PERFORMANCE
KNOW ALL MEN BY THESE PRESENTS THAT WE ____________________________________, the Contractor in the Contract hereto annexed, as principal, and _______________________________ as Surety are held and firmly bound unto the City of Grass Valley in the sum of______________________________ Dollars ($____________) lawful money of the United States, for which payment, well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents
THE CONDITION of the above obligation is that if said principal as Contractor in the contract hereto annexed shall faithfully perform each and all of the conditions of said contract to be performed by him, and shall furnish all tools, equipment, apparatus, facilities, transportation, labor, and material, other than material, if any, agreed to be furnished by the CITY, necessary to perform and complete, and to perform and complete in a good workmanlike manner, and to guarantee acceptable performance of the work for a period of one year following the acceptance of the project, the work of WASTEWATER TREATMENT PLANT BOILER REPLACEMENT PROJECT, NO. 26-01 in strict conformity with the terms and conditions set forth in the contract hereto annexed, and after a period of one year following the acceptance of the project, then this obligation shall be null and void, otherwise to remain in full force and effect; and the said surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any wise, affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications.

Surety further agrees in case suit is brought upon this bond that it will pay, in addition to the basic obligation herein, all court costs, expenses, and all reasonable attorney’s fees to be awarded and fixed by the Court, and to be taxed as costs, and to be included in the judgment therein rendered. _______________________________ _______________________________ *SURETY Attorney-In-Fact CONTRACTOR
(Signature must be notarized) (Signature must be notarized) Date: ____________________ Date: ____________________
Address of Surety:______________________________________________________ *ATTORNEY-IN-FACT MUST HAVE POWER OF ATTORNEY ON FILE WITH CITY CLERK OF CITY OF GRASS VALLEY OR INCLUDE A COPY OF POWER OF ATTORNEY WITH THIS BOND.

Item # 8.

SLUDGE HEATER/BOILER REPLACEMENT PROJECT Construction Contract – Page 16 of 17

LIST OF SUBCONTRACTORS
The Contractor shall list the name, address, and contractor’s license classification and number of each Subcontractor required to be listed by Section 2-1.054, “Required Listing of Proposed Subcontractors,” of the Standard Specifications, and the Special Provisions, and designate the portion and percentage of the work to be performed by the Subcontractor, to whom the Contractor proposes to subcontract portions of the work. The California contractor license designation and number shall be included for all subcontractors doing work in excess of 0.5 percent of the total Project Contract price, or $10,000.00, whichever is greater.

Subcontractor Name,
Address & Email
License
Designation
Number
Description of
Portion of Work
Contracted With
Applicable Item(s) #
% of Work
per Bid Item Dollar Amount of Work

Item # 8.

SLUDGE HEATER/BOILER REPLACEMENT PROJECT Construction Contract – Page 17 of 17

CAMPAIGNCONTRIBUTIONDISCLOSUREPROVISIONS
Cities are subject to the campaign disclosure provisions detailed in Government Code Section 84308.

Please carefully read the following information to determine if the provisions apply to you. If you determine that the
provisions are applicable, the Campaign Disclosure Form must be completed and returnedtothe Citywithyourapplication.

1. No City councilmember or commissioner shall accept,
solicit, or direct a contribution of more than $500 from any party,1 financially interested participant,2 or agent3 while a proceeding is pending or for 12 months after the City makes a final decision. This prohibition commences when your
application has been filed, or the proceeding is otherwise initiated.

2. A party to a City proceeding shall disclose on the record of the proceeding any contribution of more than $500 made to any councilmember or commissioner by the party, or agent, in the past 12 months. No party to or participant in a City proceeding shall make a contribution of more than $500 to a councilmember or commissioner during the proceeding and for 12 months after the City makes a final decision. No agent to a party or participant shall make a contribution in any amount to a councilmember of commissioner during the proceeding and for 12 months after the City makes a final decision.

3. Before the City makes a decision as to a proceeding, any councilmember or commissioner who received contributions of more than $500 in the past 12 months from any party to a proceeding, or agent, shall disclose that fact on the record of the proceeding, and shall be disqualified from participating in the proceeding. However, if any councilmember or commissioner receives a contribution that otherwise would require
disqualification, and returns the contribution within 30 days of:
(a) making the decision, or (b) knowing about the
contribution and the relevant proceeding, whichever comes last, that councilmember or commissioner may participate in the proceeding.
1 “Party” is defined as any person who files an application for, or is the subject of, a proceeding.2 “Participant” is defined as any person who actively supports or opposes a particular decision in a proceeding. 3 “Agent” is defined as a person who represents a party in connection with a proceeding for compensation who appears before or otherwise communicates with the City for the purpose of influencing the proceeding.

If an individual acting as an agent also is acting as an employee or member of a law, architectural, engineering, or consulting firm, or a similar entity or corporation, both the individual and the entity or corporation are agents. When a closely held corporation is a party to a proceeding, the majority shareholder is subject to these provisions.

To determine whether your or your agent have made a
campaign contribution of more than $500 to a
councilmember or commissioner in the past 12 months,
all contributions made by you or your agent in that period must be aggregated.

Names of current City councilmembers and commissioners
are available on the City’s website. If you have questions about Government Code Section 84308, FPPC
regulations, or the Campaign Disclosure Form, please
contact the City Clerk.

CAMPAIGN CONTRIBUTION DISCLOSURE FORM
(a) Document:
□ License
□ Lease
□ Permit
□ Franchise
□ Other Contract
□ Other Entitlement
Name and address of any party, participant, or agent who contributed more than $500 to any councilmember or
commissioner within the preceding 12 months:

1. ____________________________________

2. ____________________________________

3. ____________________________________
(b) Date and amount of contribution:

Date Amount $
Date Amount $
Date Amount $
(c) Name of councilmember or commissioner to whom
contribution was made:

1. ____________________________________

2. ____________________________________

3. ____________________________________
(d) I certify that the above information is provided to the best of my knowledge.

Printed Name
Signature
Date Phone
To be completed by City:

Document No: ______________________________

Item # 8.

APPENDIX B – PROJECT PLANS AND EQUIPMENT SPECIFICATIONS

Item # 8.

CITY OF GRASS VALLEY
ENGINEERING DIVISION DATE: DRAWN BY: SHEET:

WASTEWATER TREATMENT PLANT
BOILER REPLACEMENT PROJECT NO. 26-01 MAR 2026 CAD 1 OF 5 GENERAL NOTES 1. NEW SLUDGE HEATER/BOILER IS TO MEET OR EXCEED THE SPECIFICATIONS PROVIDED FOR THE EXISTING EQUIPMENT. 2. THE EXISTING SLUDGE HEATER/BOILER IS INSTALLED IN THE BOILER ROOM AS SHOWN IN THE AERIAL IMAGE ABOVE. 3. THE EXISTING BOILER ROOM HAS DOUBLE DOORS THAT SHOULD ALLOW FOR THE REMOVAL OF THE EXISTING EQUIPMENT AND INSTALLATION OF NEW EQUIPMENT WITHOUT ANY MODIFICATIONS TO THE BUILDING BEING REQUIRED. 4. THE DOUBLE DOOR ENTRANCE TO THE BOILER ROOM IS ON THE SOUTHWEST SIDE OF THE BUILDING AND THE PATH TO THE DOORS IS PAVED. 5. THE DISPOSAL OF THE EXISTING SLUDGE HEATER/BOILER AND ALL DEBRIS CREATED BY THE INSTALLATION OF THE NEW EQUIPMENT IS THE RESPONSIBILITY OF THE CONTRACTOR. WASTEWATER TREATMENT PLANT 556 FREEMAN LANE EXISTING SLUDGE HEATER/BOILER SPECIFICATIONS: 1. THE EXISTING SLUDGE HEATER WAS FURNISHED BY RALPH B. CARTER COMPANY IN 1986 AND IS SLUDGE HEATER MODEL H658C42-G FOR SEWAGE/NATURAL GAS 2. THE COMPRESSION TANK HAS A NOMINAL CAPACITY OF 40 GALLONS 3. THE UNIT INCLUDES TWO SLUDGE THERMOMETERS AND TWO WATER THERMOMETERS: SLUDGE THERMOMETER RANGE 0° TO 200° F, WATER THERMOMETER RANGE 0° TO 250° F 4. MAIN POWER SUPPLY IS 480 VOLTS, 3 PHASE, 60 CYCLE BOILER SECTION SPECS: a. NORMAL BOILER RATING - 658 MBTUH (BOILERS ARE RATED AT APPROXIMATELY 5,900 BTU/HR/FT² OF HEATED SURFACE. BURNER CAPACITIES ARE BASED ON A SEWAGE AND NATURAL GAS PRESSURE OF 6" W.C. AT THE UNIT CONNECTIONS.) b. HEATED SURFACE - 112 SQUARE FEET c. FURNACE VOLUME - 17 CUBIC FEET d. NUMBER OF 3" DIAMETER FIRE TUBES - 23 e. SHELL THICKNESS - 14 INCH f. HEAD THICKNESS - 38 INCH g. RELIEF VALVE CAPACITY AT 30 PSIG - 1,050 MBTUH h. FUEL RATE FOR NORMAL BOILER CAP - SEWAGE GAS 1,346 CFH, NATURAL GAS 858 CFH (FUEL RATES ARE BASED ON THE FOLLOWING: SEWAGE GAS HAVING A LOWER HEATING VALVE OF 550 BTU/CUBIC FOOT AND NATURAL GAS HAVING A LOWER HEATING VALVE OF 1,000 BTU/CUBIC FOOT) HEAT EXCHANGER SECTION SPECS: a. NORMAL SLUDGE HEATING RATING - 500 MBTUH (SLUDGE HEATING RATINGS ARE BASED ON THE FOLLOWING: SLUDGE FLOW RATE OF 150 GPM FOR MODELS WITH 4" SLUDGE TUBES AND 300 GPM FOR MODELS WITH 6" SLUDGE TUBES, INLET SLUDGE TEMP OF 90° F AND INLET WATER TEMP OF 150° F) b. HEATED SURFACE - 620 SQUARE FEET (HEATED SURFACE PROVIDES AT LEAST 35% EXCESS OVER THAT REQUIRED FOR INITIALLY CLEAN TUBES) c. MAXIMUM HEATING WATER FLOW RATE - 71 GPM d. SLUDGE TUBES - 8 TUBES WITH A 4" NOMINAL DIAMETER e. SLUDGE SIDE PRESSURE DROP - 3.3 FEET OF WATER (PRESSURE DROP IS BASED ON AN EQUAL VOLUME FLOW OF WATER AT COMPARABLE TEMPERATURES IN THE SLUDGE TUBES) MOTOR SPECS: a. BURNER MOTOR - 14 MAXIMUM HORSEPOWER b. INDUCED DRAFT FAN MOTOR - 16 MAXIMUM HORSEPOWER c. EXCHANGER HOT WATER PUMP MOTOR - 34 MAXIMUM HORSEPOWER MISCELLANEOUS: a. BOILER-EXCHANGER SYSTEM WATER VOLUME - 250 GALLONS b. EXPANSION TANK SIZE - 40 GALLONS c. EXISTING PRODUCT SPECIFICATION SHEETS ARE AVAILABLE UPON REQUEST PROJECT PLANS AND EQUIPMENT SPECIFICATIONS Page 224 Item # 8.

CITY OF GRASS VALLEY
ENGINEERING DIVISION DATE: DRAWN BY: SHEET:

WASTEWATER TREATMENT PLANT
BOILER REPLACEMENT PROJECT NO. 26-01 MAR 2026 CAD 2 OF 5 EXISTING EQUIPMENT SPECIFICATIONS Page 225 Item # 8.

CITY OF GRASS VALLEY
ENGINEERING DIVISION DATE: DRAWN BY: SHEET:

WASTEWATER TREATMENT PLANT
BOILER REPLACEMENT PROJECT NO. 26-01 MAR 2026 CAD 3 OF 5 EXISTING EQUIPMENT SPECIFICATIONS AND IMAGES Page 226 Item # 8.

CITY OF GRASS VALLEY
ENGINEERING DIVISION DATE: DRAWN BY: SHEET:

WASTEWATER TREATMENT PLANT
BOILER REPLACEMENT PROJECT NO. 26-01 MAR 2026 CAD 4 OF 5 EXISTING EQUIPMENT STANDARD ARRANGEMENT DRAWING Page 227 Item # 8.

CITY OF GRASS VALLEY
ENGINEERING DIVISION DATE: DRAWN BY: SHEET:

WASTEWATER TREATMENT PLANT
BOILER REPLACEMENT PROJECT NO. 26-01 MAR 2026 CAD 5 OF 5 EXISTING EQUIPMENT WIRING DIAGRAM Page 228 Item # 8.

CITY OF GRASS VALLEY

PUBLIC WORKS DEPARTMENT

ENGINEERING DIVISION

PROPOSAL
AND
BIDDER’S CERTIFICATES
FOR

WASTEWATER TREATMENT PLANT BOILER REPLACEMENT

PROJECT
PROJECT NO. 26-01
Bidder’s Name: __________________________________
Bid Opening Date:________________ Time:__________
Exhibit C

Item # 8.

WASTEWATER TREATMENT PLANT BOILER REPLACEMENT PROJECT Proposal – Page 1 of 11

PROPOSAL
Proposal to the City of Grass Valley, State of California, in the County of Nevada for the

WASTEWATER TREATMENT PLANT BOILER REPLACEMENT PROJECT
PROJECT NO. 26-01

NAME OF BIDDER
BUSINESS P.O. BOX
BUSINESS STREET ADDRESS (Required, even if P.O. Box is used)

CITY, STATE, ZIP

TELEPHONE NUMBER ( )

FAX NUMBER ( )
EMAIL
CONTRACTOR’S LICENSE NUMBER
CONTRACTOR’S DIR NUMBER
The project to be done and referred to herein is in City of Grass Valley, State of California, located at the Grass Valley Sewer Treatment Plant, 556 Freeman Lane, and is to be constructed in accordance with the Department of Transportation Standard Plans, dated 2018, the Standard Specifications, dated 2018, the Labor Surcharge and Equipment Rental Rates in effect on the date the work is accomplished, and the General Prevailing Wage Rates.

The project plans and specifications for the work to be done were approved and are entitled:

CITY OF GRASS VALLEY

WASTEWATER TREATMENT PLANT BOILER REPLACEMENT PROJECT
PROJECT NO. 26-01
Bids are to be submitted for the entire work. The amount of the bid for comparison purposes will be the total of all items.

Envelopes containing bids shall be marked -

WASTEWATER TREATMENT PLANT BOILER REPLACEMENT PROJECT
PROJECT NO. 26-01
NOT TO BE OPENED UNTIL 3:30 P.M., APRIL 21, 2026.

Item # 8.

WASTEWATER TREATMENT PLANT BOILER REPLACEMENT PROJECT Proposal – Page 2 of 11 The bidder shall set forth for each unit basis item of work an item price and a total for the item, and for each lump sum item a total for the item, all in clearly legible figures in the respective spaces provided for this purpose. In the case of unit basis items, the amount set forth under the "Item Total" column shall be the extension of the item price bid on the basis of the estimated quantity for the item.

In case of discrepancy between the item price and the total set forth for a unit basis item, the item price shall prevail, provided, however, if the amount set forth as an item price is ambiguous, unintelligible or uncertain for any cause, or is omitted, or is the same amount as the entry in the "Total" column, then the amount set forth in the "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 item price.

If this proposal shall be accepted and the undersigned shall fail to enter into the Contract and furnish the two bonds in the sums required by the State Contract Act, with surety satisfactory to the City of Grass Valley, within 8 days, not including Sundays and legal holidays, after the bidder has received notice from the City of Grass Valley that the Contract has been awarded, the City of Grass Valley may, at its option, determine that the bidder has abandoned the Contract, and thereupon this proposal and the acceptance thereof shall be null and void and the forfeiture of such security accompanying this proposal shall operate and same shall be the property of the City of Grass Valley.

The undersigned, as bidder, declares that the only persons or parties interested in this proposal as principals are those named herein; that this proposal is made without collusion with any other person, firm, or corporation; that he has carefully examined the location of the proposed work, the annexed proposed form of contract, and the plans therein referred to; and he proposes, and agrees if this proposal is accepted, that he will contract with the City of Grass Valley in the form of the copy of the contract annexed hereto, 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 Engineer as therein set forth, and that he will take in full payment therefor the following prices, to wit:

Item # 8.

WASTEWATER TREATMENT PLANT BOILER REPLACEMENT PROJECT Proposal – Page 3 of 11

BID ITEMS

WASTEWATER TREATMENT PLANT BOILER REPLACEMENT PROJECT
PROJECT NO. 26-01
ITEM

NO ITEM
UNIT
OF
MEAS
EST

QTY UNIT PRICE ITEM TOTAL
1 Purchase Boiler LS 1
2 Replace Boiler LS 1
TOTAL COST: $_______________
The foregoing quantities are approximate only, being given as a basis for comparison of bids, and the Engineering Department does not express or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work, or to omit portions of the work, as may be deemed necessary, or advisable by the Engineer.

Item # 8.

WASTEWATER TREATMENT PLANT BOILER REPLACEMENT PROJECT Proposal – Page 4 of 11

LIST OF SUBCONTRACTORS
The Bidder shall list the name, address, California contractor's license number, Public Works contractor registration number of each Subcontractor required to be listed by “Subcontractor List” of the Standard Specifications, and the Special Provisions, and designate the portion and percentage of the work to be performed by the Subcontractor, to whom the bidder proposes to subcontract portions of the work. The California contractor license classification and number shall be included for all subcontractors doing work in excess of one half of one percent of the total Project bid price, or ten thousand dollars ($10,000.00), whichever is greater.

Subcontractor Name,
Location of Business
CA License
Number
Public Works
Contractor
Registration Number
Bid Item Number,
Percentage of Item
Work Subcontracted *
* Bid Item Number and Percentage of Item Work Subcontracted may be submitted by the proper within 24 hours of the bid opening date and time.

Item # 8.

WASTEWATER TREATMENT PLANT BOILER REPLACEMENT PROJECT Proposal – Page 5 of 11

LIST OF PROPOSED SUBSTITUTIONS
Pursuant to Public Contract Code Section 3400, the following substitutions are proposed as “Equals” for those set forth in the Contract. All data substantiating the proposed substitutions shall be submitted to the City upon request.

Contract
Section
Name of Product
to be Substituted
Out
Name and Manufacturer
of Proposed Product To
Be Substituted
Model/Quantity of
Proposed Product

Item # 8.

WASTEWATER TREATMENT PLANT BOILER REPLACEMENT PROJECT Proposal – Page 6 of 11

EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder hereby declares under penalty of perjury that the bidder 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.

Additionally, the bidder hereby declares that all proposed subcontractors listed on the bidder’s completed List of Subcontractors as performing work under this contract, have stated in their bid to the prime contractor or in writing at the outset of negotiations, whether the proposed subcontractor has participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.

Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations.

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

The bidder must place a checkmark after "has" or "has not" in one of the blank spaces provided. The above Certifications are part of this Proposal. Signing this Proposal on the signature portion thereof shall also constitute an endorsement and execution of these certifications. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

Item # 8.

WASTEWATER TREATMENT PLANT BOILER REPLACEMENT PROJECT Proposal – Page 7 of 11 PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT
In accordance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder has _______, has not _______, been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works Contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University 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.

PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE
In accordance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire:

Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a Federal, State, or local government project because of a violation of law or a safety regulation?
Yes ___________ No ___________
If the answer is yes, explain the circumstances in the following space.

PUBLIC CONTRACT SECTION 10232 STATEMENT
In accordance 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.

The bidder must place a checkmark after "has" or "has not" and “yes” or “no” in one of the blank spaces provided. The above Statements and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of these Statements. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

Item # 8.

WASTEWATER TREATMENT PLANT BOILER REPLACEMENT PROJECT Proposal – Page 8 of 11

NON-COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112
and Public Contract Code Section 7106)
In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder 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.

The above Non-collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Noncollusion Affidavit.

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

Item # 8.

WASTEWATER TREATMENT PLANT BOILER REPLACEMENT PROJECT Proposal – Page 9 of 11

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 judgment 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.

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

Item # 8.

WASTEWATER TREATMENT PLANT BOILER REPLACEMENT PROJECT Proposal – Page 10 of 11 Accompanying this proposal is
(Insert the words “Cash($_________)“, Cashier’s Check”, “Certified Check”, or “Bidder’s Bond”, as the case may be) in an amount equal to at least ten percent of the total of the bid.

The names of all persons interested in the foregoing proposal as principals are as follows:

IMPORTANT NOTICE: If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof; if a copartnership, state true name of firm, also names of all individual copartners composing firm; if bidder or other interested person is an individual, state first and last names in full.

Licensed in conformance with an act providing for the registration of Contractors, License No. ___________________ Classification(s) ____________________ ADDENDA - This Proposal is submitted with respect to the changes to the Contract included in addenda number/s _______________________________________________________ (Fill in addenda numbers if addenda have been received and insert in this Proposal any Bid Item sheets that were received as part of the addenda.) All Addenda must be signed and returned with the Bidder's Proposal in order for the Bid to be considered responsive.

By my signature on this proposal I certify, under penalty of perjury under the laws of the State of California, that the foregoing questionnaire and statements of Public Contract Code Sections 10162, 10232 and 10285.1 are true and correct and that the bidder has complied with the requirements of Section 8103 of the Fair Employment and Housing Commission Regulations (Chapter 5, Title 2 of the California Administrative Code). By my signature on this proposal I further certify, under penalty of perjury under the laws of the State of California and the United States of America, that the Noncollusion Affidavit required by Title 23 United States Code, Section 112 and Public Contract Code Section 7106; and the Title 49 Code of Federal Regulations, Part 29 Debarment and Suspension Certification are true and correct.

_____________
Signature & Title of Bidder Date

Business Address:___________________________________________________ _ Place of Business:___________________________________________________ _

Place of Residence:___________________________________________________ Sign
Here
Si t f Bidd

Item # 8.

WASTEWATER TREATMENT PLANT BOILER REPLACEMENT PROJECT Proposal – Page 11 of 11

BIDDER'S BOND

CITY OF GRASS VALLEY
KNOW ALL PEOPLE BY THESE PRESENTS, that we _________________________ as PRINCIPAL, and ________________________________________________ as SURETY, are held and firm bound unto the City of Grass Valley, hereinafter called the CITY, in the penal sum of TEN PERCENT (10%) OF THE TOTAL AMOUNT OF THE BID of the Principal above named, submitted by said Principal to the CITY for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.

In no case shall the liability of the surety hereunder exceed the sum of ___________________________________ Dollars ($____________________).

THE CONDITION OF THIS OBLIGATION IS SUCH, THAT:

WHEREAS, the Principal has submitted the above mentioned bid to the City of Grass Valley, for certain construction specifically described as follows for which bids are to be opened at Grass Valley, California on APRIL 14, 2020, at 3:30 p.m., for the WASTEWATER TREATMENT PLANT BOILER REPLACEMENT PROJECT, PROJECT NO. 26-01.

NOW THEREFORE, if the aforesaid Principal is awarded this Contract, and, within the time and manner required under the specifications, after the prescribed forms are presented to him for signature, enters into a written Contract, in the prescribed form, in accordance with the bid, and files the two bonds with the City, one to guarantee faithful performance and the other to guarantee payment for labor and materials, as required by law, then this obligation shall be null and void; otherwise it shall be and remain in full force and virtue.

In the event suit is brought upon this bond by the Obligee and judgment is recovered, the Surety shall pay all costs incurred by the Obligee in such suit, including a reasonable attorney's fee to be fixed by the Court.

IN WITNESS WHEREOF, we have hereunto set our hands and seals on this ____ day of ___________________, A.D., 20___.
___________________________(SEAL) ________________________(SEAL) ___________________________(SEAL) ________________________(SEAL) ___________________________(SEAL) ________________________(SEAL)

SURETY PRINCIPAL
ADDRESS:
________________________________________________________________________ NOTE: Signatures of those executing for the surety must be properly acknowledged.

Item # 8.

CITY OF GRASS VALLEY

ENGINEERING DIVISION
APRIL 16, 2026
ADDENDUM NO. 1

NOTICE TO CONTRACTORS,

SPECIAL PROVISIONS, AND

CONSTRUCTION CONTRACT
AND

PROPOSAL AND
BIDDER’S CERTIFICATES
FOR

WASTEWATER TREATMENT PLANT BOILER REPLACEMENT

PROJECT
PROJECT NO. 26-01
BID OPENING – TUESDAY, APRIL 28, 2026, AT 3:30PM

ALL ADDENDA MUST BE SIGNED AND RETURNED
WITH THE BIDDER’S PROPOSAL IN ORDER FOR THE
BID TO BE CONSIDERED RESPONSIVE.

Exhibit D

Item # 8.

ADDENDUM NO. 1
PROJECT:

BID OPENING:

WASTEWATER TREATMENT PLANT BOILER REPLACEMENT PROJECT
PROJECT NO. 26-01
TUESDAY, APRIL 28, 2026, AT 3:30PM
REVISIONS TO NOTICE TO CONTRACTORS:

1. Replace the first paragraph in its entirety with the following paragraph:

Sealed proposals for the work shown on the plans entitled:

WASTEWATER TREATMENT PLANT BOILER REPLACEMENT PROJECT
PROJECT NO. 26-01
Bids will be received at the City of Grass Valley, Engineering Division, 125 East Main Street, Grass Valley, CA 95945 until 3:30 P.M. on APRIL 28, 2026, at which time they will be publicly opened and read aloud at said address. Any protest regarding the award of the contract must be submitted pursuant to the instructions stated in the special provisions.

REVISIONS TO PROPOSAL AND BIDDER'S CERTIFICATES:

1. Replace Page 1 and 11 in their entirety with the attached Pages 1 and 11

END OF REVISIONS
lss~
BjornP.es,PE
City Engineer
Date

I HAVE READ AND UNDERSTAND THIS ADDENDUM
Signature Bidder

Item # 8.

WASTEWATER TREATMENT PLANT BOILER REPLACEMENT PROJECT Proposal – Page 1 of 11

PROPOSAL
Proposal to the City of Grass Valley, State of California, in the County of Nevada for the

WASTEWATER TREATMENT PLANT BOILER REPLACEMENT PROJECT
PROJECT NO. 26-01

NAME OF BIDDER
BUSINESS P.O. BOX
BUSINESS STREET ADDRESS (Required, even if P.O. Box is used)

CITY, STATE, ZIP

TELEPHONE NUMBER ( )

FAX NUMBER ( )
EMAIL
CONTRACTOR’S LICENSE NUMBER
CONTRACTOR’S DIR NUMBER
The project to be done and referred to herein is in City of Grass Valley, State of California, located at the Grass Valley Sewer Treatment Plant, 556 Freeman Lane, and is to be constructed in accordance with the latest editions of the Department of Transportation Standard Plans and Standard Specifications, the Labor Surcharge and Equipment Rental Rates in effect on the date the work is accomplished, and the General Prevailing Wage Rates.

The project plans and specifications for the work to be done were approved and are entitled:

CITY OF GRASS VALLEY

WASTEWATER TREATMENT PLANT BOILER REPLACEMENT PROJECT
PROJECT NO. 26-01
Bids are to be submitted for the entire work. The amount of the bid for comparison purposes will be the total of all items.

Envelopes containing bids shall be marked -

WASTEWATER TREATMENT PLANT BOILER REPLACEMENT PROJECT
PROJECT NO. 26-01
NOT TO BE OPENED UNTIL 3:30 P.M., APRIL 28, 2026.

Item # 8.

WASTEWATER TREATMENT PLANT BOILER REPLACEMENT PROJECT Proposal – Page 11 of 11

BIDDER'S BOND

CITY OF GRASS VALLEY
KNOW ALL PEOPLE BY THESE PRESENTS, that we _________________________ as PRINCIPAL, and ________________________________________________ as SURETY, are held and firm bound unto the City of Grass Valley, hereinafter called the CITY, in the penal sum of TEN PERCENT (10%) OF THE TOTAL AMOUNT OF THE BID of the Principal above named, submitted by said Principal to the CITY for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.

In no case shall the liability of the surety hereunder exceed the sum of ___________________________________ Dollars ($____________________).

THE CONDITION OF THIS OBLIGATION IS SUCH, THAT:

WHEREAS, the Principal has submitted the above mentioned bid to the City of Grass Valley, for certain construction specifically described as follows for which bids are to be opened at Grass Valley, California on APRIL 28, 2026, at 3:30 p.m., for the WASTEWATER TREATMENT PLANT BOILER REPLACEMENT PROJECT, PROJECT NO. 26-01.

NOW THEREFORE, if the aforesaid Principal is awarded this Contract, and, within the time and manner required under the specifications, after the prescribed forms are presented to him for signature, enters into a written Contract, in the prescribed form, in accordance with the bid, and files the two bonds with the City, one to guarantee faithful performance and the other to guarantee payment for labor and materials, as required by law, then this obligation shall be null and void; otherwise it shall be and remain in full force and virtue.

In the event suit is brought upon this bond by the Obligee and judgment is recovered, the Surety shall pay all costs incurred by the Obligee in such suit, including a reasonable attorney's fee to be fixed by the Court.

IN WITNESS WHEREOF, we have hereunto set our hands and seals on this ____ day of ___________________, A.D., 20___.
___________________________(SEAL) ________________________(SEAL) ___________________________(SEAL) ________________________(SEAL) ___________________________(SEAL) ________________________(SEAL)

SURETY PRINCIPAL
ADDRESS:
________________________________________________________________________ NOTE: Signatures of those executing for the surety must be properly acknowledged.

Item # 8.

RESOLUTION NO. 2026-21
445649.1 Page 1 of 2
C:\Users\MeetingsOfficeUser18\AppData\Local\Temp\tmp27F3.tmp

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRASS VALLEY

REJECTING ACCO ENGINEERED SYSTEMS BID PROTEST AND AUTHORIZING

EXECUTION OF THE CONSTRUCTION CONTRACT FOR THE WASTEWATER

TREATMENT PLANT BOILER REPLACEMENT PROJECT WITH TNT INDUSTRIAL

CONTRACTORS
WHEREAS, the City must make improvements and modifications to the Wastewater Treatment Plant and Collection System in order to meet Waste Discharge Requirements adopted by the California Regional Water Quality Control Board; and WHEREAS, pursuant to Chapter 3.08 of the Grass Valley Municipal Code, on March 25, 2026, the City issued a Request for Proposals for Project No. 26-01, the Wastewater Treatment Plant Boiler Replacement Project; and
WHEREAS, On April 28, 2026, bids for the Wastewater Treatment Plant Boiler Replacement Project were received and after a review of the bids, TNT Industrial Contractors, Inc.’s bid was determined to be complete; and WHEREAS, on May 4, 2026, the City received a bid protest letter from ACCO Engineered Systems, which alleged TNT Industrial Contractors, Inc. failed to meet certain requirements in the project documents; and
WHEREAS, after a review of the allegations in ACCO Engineered Systems’ protest, the City will reject the bid protest based upon the following:
1) TNT Industrial Contractors, Inc. meets the required licensing for this project; 2) The installation of the boiler by a C-4 Specialty License is not strictly required by the nature of the contract;
3) The scope and nature of the work fall within the broader scope of a Class A General Contractor license;
4) TNT Industrial Contractors, Inc. did not misrepresent the portion of the project that will be completed by a subcontractor or the portion of the project that they will selfperform; and 5) TNT Industrial Contractors, Inc.’s bid did not violate the Contract Documents or Public Contract Code.

NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRASS VALLEY, as follows:

1. That the foregoing statements are true and correct; and

2. That the City Council rejects the bid protest from ACCO Engineered Systems and awards the Contract for the Wastewater Treatment Plant Boiler Replacement Project to TNT Industrial Contractors, Inc. in an amount of $474,551.00 (“Contract Amount”);

Item # 8.

RESOLUTION NO. 2026-21
445649.1 Page 2 of 2
C:\Users\MeetingsOfficeUser18\AppData\Local\Temp\tmp27F3.tmp

3. That the Interim City Manager is authorized to execute the construction contract with TNT Industrial Contractors, Inc. awarded under this Resolution and the City Engineer is authorized to approve construction change orders up to 10 percent of the Contract Amount.

4. If any section, subsection, sentence, clause, phrase or portion of this Resolution or its application to any person or circumstance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution or its application to other persons and circumstances. The City Council of the City of Grass Valley hereby declares that it would have adopted this Resolution and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional and, to that end, the provisions hereof are hereby declared to be severable.

5. This Resolution shall take effect immediately upon its adoption.

PASSED AND ADOPTED as a Resolution by the City Council of the City of Grass Valley at a regular meeting thereof held on the 26th day of May 2026, by the following vote:

AYES:

NOES:

ABSTAINS:

ABSENT:

By:

Hillary Hodge, Mayor
Attest:

Taylor Day, City Clerk
Approved as to Form:

David J. Ruderman, Esq., City Attorney

CERTIFICATION
I do hereby certify that the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted at a meeting of the Grass Valley City Council held on May 26, 2026.
______________________________________________________________________ City Clerk