AGENDA
GROVER BEACH CITY COUNCIL
GROVER BEACH CITY HALL - COUNCIL CHAMBER
154 SOUTH EIGHTH STREET
GROVER BEACH, CALIFORNIA
MONDAY, OCTOBER 23, 2023, 6:00 PM
Next Resolution No .23-33
Next Ordinance No. 23-04
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting, please contact the City Clerk's Office (805-473-4567) at least 48 hours prior to the meeting to ensure that reasonable arrangements can be made to provide accessibility to the meeting.
CALL TO ORDER
CALL TO ORDER
FLAG SALUTE
ROLL CALL Council Members Daniel Rushing, Clint Weirick, Zach Zimmerman, Mayor Pro Tem Robert Robert, and Mayor Karen Bright
CLOSED SESSION ANNOUNCEMENTS
None
AGENDA REVIEW
At this time the City Council will review the order of business to be conducted and receive requests for, or make announcements regarding, any change(s) in the order of the day. The Council should by motion adopt the agenda as presented or as revised.
CEREMONIAL CALENDAR
1. Proclamation for Red Ribbon Week
PRESENTATIONS
None
PUBLIC COMMUNICATIONS
During this time, the Council will allow up to 15 minutes for Public Communication with additional communication, if necessary, allowed after the Regular Business Items. Any member of the public may address the Council for a period not to exceed three minutes total on any item of interest within the jurisdiction of this Council. The Council will listen to all communications; however, in compliance with the Brown Act, the Council cannot act on items not on the agenda.
Meetings can be viewed on Channel 20 and are live streamed on the City’s website via www.slospan.org. Members of the public who cannot attend the meeting in person may provide public comment during the meeting by calling (805) 321-6639 to provide public comment via phone (the phone line will open just prior to the start of the meeting at 6:00 PM) or written public comments can be submitted via email to [email protected] prior to the Council meeting. If submitting written comments in advance of the meeting, please note the agenda item.
Agenda: Grover Beach City Council Meeting Page 2
Monday, October 23, 2023
CONSENT AGENDA
The following routine items listed below are scheduled for consideration as a group. Recommendations for each item are noted in parentheses. Members of the audience may speak on any item(s) listed on the Consent Agenda. Any Council Member, the City Attorney, or the City Manager may request that an item be withdrawn from the Consent Agenda to allow for full discussion. Items withdrawn from the Consent Agenda will be heard after the rest of the Consent Agenda is approved.
2. Treasurer’s Report for the Period September 1, through September 30, 2023 – Finance Manager Zarate
(Recommended Action: Approve the Treasurer’s Report as submitted.)
VOICE VOTE
3. Treasurer’s Report for the 2022 Streets Bond Account - $10,000,000 for the Period September 1, through September 30, 2023 – Finance Manager Zarate (Recommended Action: Approve the Treasurer’s Report as submitted.)
VOICE VOTE
4. Minutes of the City Council Meeting on Tuesday, October 10, 2023 – City Clerk Sims (Recommended Action: Approve the minutes as submitted or revised.)
VOICE VOTE
5. City Council Meeting Schedule for Calendar Year 2024 (Continued from City Council Meeting on Tuesday, October 10,2023) – City Clerk Sims
(Recommended Action: Adopt the proposed City Council meeting schedule for calendar year 2024.)
ROLL CALL VOTE
6. Award of Construction Contract for Measure K-14 Street Improvements for CIP 2295-16 (Portions of N. 2
nd Street, Front Street, Ramona Avenue, Saratoga Avenue) – CIP Manager Wiggin
(Recommended Action: Award a contract for construction of CIP 2295-16 as part of the Measure K-14 Street Rehabilitation Program to the J. F. Will Company in the amount of $1,860,176.30 for the Base Bid; authorize the City Manager to sign and affirm change orders up to an aggregate of $200,000; and authorize the Mayor to execute the contract on behalf of the City.)
ROLL CALL VOTE
7. Approval of Property Lease Agreement for Police Department and Public Works Department Storage Space at 45 Newport Avenue, Suite 2 (APN 060-074-014) – Police Chief Peters
(Recommended Action: Approve a property lease agreement for Police Department and Public Works Department storage space at 45 Newport Avenue, Suite 2 (APN 060-074- 14) and authorize the City Manager to execute the agreement on behalf of the City.)
ROLL CALL VOTE
8. Approve the Proposition 218 Noticing Process for a Hearing on Proposed Water and Wastewater Rates – Administrative Services Director Purcell (Recommended Action: Approve a new Proposition 218 noticing process for holding a public hearing on December 11, 2023 on proposed water and wastewater rates.)
VOICE VOTE
Agenda: Grover Beach City Council Meeting Page 3
Monday, October 23, 2023
PUBLIC HEARING
9. Public Hearing and Resolution Regarding the Closeout of State Community Development Block Grant Coronavirus (CDBG-CV) Contract – Community Development Director Martin and Associate Planner Reese (Recommended Action: Receive a report summarizing the accomplishments performed under the State Community Development Block Grant Coronavirus (CDBG-CV) Agreement 20-CDBG-CV2-00087; conduct a public hearing to solicit citizen input regarding expenditures and accomplishments of the funding received under the contract; and direct staff to proceed with submitting required documents for closeout to the State.)
REGULAR BUSINESS
10. City Streets Pavement Cut Policy – Interim Public Works Director/City Engineer Kahn and Senior Engineer Munoz-Morris
(Recommended Action: Adopt a Pavement Cut Policy to establish guidelines for pavement cuts in recently paved streets.)
ROLL CALL VOTE
PUBLIC COMMUNICATIONS
Any member of the public may address the Council for a period not to exceed three minutes total on any item of interest within the jurisdiction of this Council. The Council will listen to all communications; however, in compliance with the Brown Act, the Council cannot act on items not on the agenda.
COUNCIL COMMITTEE REPORTS
This item gives the Mayor and Council Members the opportunity to present reports to the other members regarding committees, commissions, boards, or special projects on which they may be participating.
Air Pollution Control District (APCD) Karen Bright (Alt: Robert Robert) Central Coast Blue Regional Recycled Water Authority Karen Bright (Alt: Daniel Rushing) (CCBRRWA)
South SLO County Sanitation District (SSLOCSD) Karen Bright (Alt: Clint Weirick) Integrated Waste Management Authority (IWMA) Robert Robert (Alt: Daniel Rushing) Five Cities Fire Joint Powers Authority Daniel Rushing (Alt: Clint Weirick) SLO Council of Governments / SLO Regional Transit Authority Daniel Rushing (Alt: Karen Bright) (SLOCOG / SLORTA)
South County Transit Committee Daniel Rushing (Alt: Karen Bright) Zone Three Advisory Committee Daniel Rushing (Alt: Karen Bright) Homeless Services Oversight Council (HSOC) Clint Weirick (Alt: Zach Zimmerman) SLO County Water Resources Advisory Committee (WRAC) Clint Weirick (Alt: Robert Robert) REACH Zach Zimmerman (Alt: Robert Robert)
South County Chambers of Commerce Zach Zimmerman (Alt: Daniel Rushing) Visit SLO CAL Advisory Committee Zach Zimmerman (Alt: Robert Robert) Agenda: Grover Beach City Council Meeting Page 4
Monday, October 23, 2023
COUNCIL COMMUNICATIONS
This item gives individual Council Members the opportunity to seek consensus for scheduling a specific item on a future agenda, authorizing staff time to provide background information and prepare a staff report for a future agenda, or to comment on Council business, City operations, projects or other items of community interest.
CITY MANAGER’S REPORTS AND COMMENTS
CITY ATTORNEY’S REPORTS AND COMMENTS
CLOSED SESSION
It is the intention of the City Council to meet in Closed Session concerning the following item:
A. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Consideration of initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code Section 54956.9 (d)(2) (One potential case).
ADJOURNMENT
* * * * *
Per Resolution No. 17-21, the public portion of City Council meetings will be scheduled to start at 6:00 p.m. and conclude no later than 11:00 p.m. Any open session items remaining on the agenda at 11:00 p.m. that have not been discussed or considered by the City Council will be continued to an adjourned meeting of the City Council (scheduled before the next regular meeting). However, the City Council may choose to continue the meeting past 11:00 p.m. upon a proper motion and a 4/5ths vote in favor of such an action. * * * * *
Staff reports or other written materials relating to each item of business referred to on this agenda are available from the City website www.groverbeach.org and on file in the City Clerk’s Office. A public counter copy is available for public inspection and reproduction during normal business hours at City Hall, 154 South 8th Street, Grover Beach, CA. Related materials submitted after distribution of the agenda packet are available in the City Clerk's Office during normal business hours. If you have questions regarding any agenda item, please contact the appropriate City Department. Any writings or documents regarding any item on this agenda, not exempt from public disclosure, provided to a majority of the City Council and distributed subsequent to distribution of the agenda packet will be made available for public inspection in the City Clerk’s Office during normal business hours.
* * * * *
Note: This agenda was prepared and posted pursuant to Government Code Section 54954.2. This agenda is subject to amendment up to 72 hours prior to the date and time set for the meeting. Please refer to the agenda posted at City Hall for any revisions or call the City Clerk’s Office at (805) 473-4567 for more information.
* * * * *
The agenda and staff reports are also available on the City’s website: www.groverbeach.org
CITY OF GROVER BEACH
POLICIES AND PROCEDURES FOR CONDUCT AND DECORUM AT COUNCIL MEETINGS (Pursuant to Resolution No. 07-44, adopted 04-16-07, revised 02-18-2020) The City Council and staff welcomes and encourages civic participation and debate on issues. The Council values the public’s opinion and in every Council meeting invite and encourages the public to address the Council on any matter of interest. The Council adopted these policies and procedures for appropriate conduct and decorum at Council meetings and establish guidance for public participation during Council meetings.
These policies will foster and provide greater clarity to preserve the intent of open government and maintain a positive environment for public input and City Council decision-making.
1.0 DECORUM AND ORDER – IN GENERAL
1.1 The presiding officer is responsible for the maintenance of order and decorum at all times.
1.2 The presiding officer shall determine all points of order subject to the right of any Council member to appeal to the City Council by majority vote. If any appeal is taken, the question shall be “Shall the decision of the presiding officer be sustained” in which event a majority vote of the Council shall govern and conclusively determine such question of order.
1.3 All Council members, staff members and members of the public should speak respectfully and avoid the use of profanity, vulgarity and slanderous comments. Recognizing that the First Amendment precludes the City Council form prohibiting speakers from speaking based upon the content of their speech, the presiding officer shall use their best efforts, short of enforcement action, to remind and encourage all participating in the meeting to keep their speech respectful towards others and within bounds appropriate for children and persons of sensitivity toward course language as a courtesy to others present or otherwise viewing Council meetings.
2.0 DECORUM AND ORDER – COUNCIL MEMBERS
2.1 Manner of Speaking.
Any Council member desiring to speak shall first address the presiding officer. Upon recognition by the presiding officer, the Council member shall speak only to the question under debate.
U2.1(a) Questioning Staff.
A Council member desiring to question the staff should address his question to the City Manager, or, in appropriate cases, the City Clerk or City Attorney, who shall be entitled either to answer the inquiry or to designate some staff member for that purpose. Such a designation may be made at the time of any staff presentation or on the agenda listing for the item.
U2.1(b) Interruptions.
Once recognized, a Council member shall not be interrupted while speaking unless called to order by the presiding officer; unless a point of order is raised by another Council member, or unless the speaker chooses to yield to questions from another Council member.
3.0 DECORUM AND ORDER – STAFF
3.1 City Manager Responsibilities
The City Manager is responsible for ensuring that members of the administrative staff observe the rules of decorum and order set forth in this Policy.
3.2 AAddressing the City Council
Any administrative staff member desiring to address the City Council or members of the public shall first be recognized by the presiding officer. All remarks shall be addressed to the presiding officer and not to any individual Council Member or member of the public. Administrative staff members shall accord the utmost courtesy to the City Council, other administrative staff members and the public.
4.0 DECORUM AND ORDER – MEMBERS OF THE PUBLIC
4.1 AAddressing the City Council
Any member of the public desiring to address the City Council or members of the public shall first be recognized by the presiding officer at the appropriate place on the agenda. All remarks shall be addressed to the presiding officer and not to any individual Council Member, City Manager, City Attorney or member of the administrative staff or member of the public.
4.2 Time Limitation for Addressing the City Council
Public comment when addressing the City Council shall be generally limited to three (3) minutes per speaker. Depending on the extent of the agenda and the number of persons desiring to speak on an issue, the presiding officer may, at the beginning of the hearing, set a different time limit for each speaker. Any person may speak for a longer period of time upon approval from the presiding officer, when deemed necessary, for instance when a person is speaking on behalf of a group or has a graphic or slide presentation requiring more time.
4.3 Failure to Yield, Disruptions
Any person who refuses to relinquish the floor after their allotted time or while attending the City Council meeting engages in conduct or speech which disrupts the business of the meeting shall be brought to order and/or removed from the room if the sergeant-at-arms is so directed by the presiding officer.
Disruptive remarks from the audience, stamping of feet, clapping, whistles, yells and similar demonstrations shall not be permitted by the presiding officer who may direct the sergeant-at-arms to remove such offenders from the room.
4.4 Prosecution
Aggravated cases shall be prosecuted on appropriate complaint signed by the presiding officer.
5.0 ENFORCEMENT OF DECORUM
5.1 The Chief of Police or his designee shall be the ex-officio sergeant-at-arms of the City Council. The sergeant-at-arms shall carry out all legal and valid orders and instructions given by the presiding officer for the purpose of maintaining order and decorum in the Council Chamber. Upon instructions from the presiding officer, it shall be the duty of the sergeant-at-arms to remove any disorderly person from the Council Chambers or place the disorderly person under arrest or both.
5.2 As set forth in Government Code Section 54957.9, in the event that any meeting is willfully interrupted by a person or group of persons so as to render the orderly conduct of such meeting unfeasible or impedes the ability of the Council to hold the meeting, and order cannot be restored by the removal of individuals who are willfully interrupting the meeting, the presiding officer may order the meeting room cleared and continue in session. Only matters appearing on the agenda may be considered in such a session. Duly accredited representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this Section. Nothing in this Section shall prohibit the City Council from establishing a procedure for readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting.
PROCLAMATION OF THE CITY OF GROVER BEACH
DECLARING THE WEEK OF
OCTOBER 23RD THROUGH OCTOBER 31ST, 2023 as
”RED RIBBON WEEK”
WHEREAS, tobacco, alcohol, and other drug use and abuse represents a serious public health and safety threat in our city, our County, California and throughout the United States; and
WHEREAS, it is important for communities, schools, and individuals throughout San Luis Obispo County to work together to eliminate the demand for these substances and to promote programs that support commitment to a healthy, drug-free lifestyle; and WHEREAS, the RED RIBBON CELEBRATION will be observed across the United States during “RED RIBBON WEEK”, October 23-31, 2023; and WHEREAS, parents, youth, government, business, law enforcement, schools, religious institutions, service organizations, social services, health services, media, and the general public will demonstrate their commitment to drug free communities by wearing and displaying red ribbons during this observance; and
WHEREAS, “RED RIBBON WEEK” highlights local substance abuse prevention programs that involve youth and parents yearly through local community coalitions and numerous county-wide organizations and also recognizes this year’s theme “Be Kind to Your Mind. Live Drug Free.”; and
WHEREAS, the City of Grover Beach further commits resources to help the success of the RED RIBBON CELEBRATION and year-round tobacco, alcohol, and other drug prevention efforts to support healthy, drug free kids.
NOW, THEREFORE, BE IT RESOLVED that the City Council of Grover Beach does herby proclaims October 23rd through October 31st, 2023 as “RED RIBBON WEEK” and encourages all citizens to participate in tobacco, alcohol and other drug prevention activities, making a visible commitment to healthy communities in which to raise a generation of drug free youth.
And encourages all community members to follow the Red Ribbon pledge: No use of illegal drugs and no illegal use of legal drugs.
IN WITNESS THEREOF, I have hereunto set my hand and caused the Seal of the City of Grover Beach to be affixed this 23rd day of October 2023.
Karen Bright, Mayor
Attest:
Wendi Sims, City Clerk
Agenda Item No. 1
RESOURCES DESCRIPTION
Balance from August 31, 2023 $ 1,430,760.04
Deposits 1,646,415.44
Check Number Date
Voided Checks 74216 09/12/23 75.00
74214 09/11/23 143.50
74162 09/11/23 143.50
74155 09/11/23 26,355.20
From Street Bond Acct 196,057.03
Total Resources $ 3,299,949.71
EXPENSES
DESCRIPTION PERIOD ENDING CK DATE CHECK NUMBER AMOUNT
PR Direct Deposit 09/03/23 09/07/23 5361483 – 5361551 163,238.97 WR 09/07/23 74158 - 74229 287,864.56
WR 09/14/23 74230 - 74279 99,780.96
PR Direct Deposit 09/17/23 09/22/23 5361552 – 5361611 153,414.70 WR 09/22/23 74280 - 74344 411,969.05
WR 09/28/23 74345-74375 125,199.73
Electronic Transfers 364,587.07
Returned Checks,Chargebacks 442.71
Credit Card Payments Service Charge 3,199.97
Deposit Correction 13.24
Total Expenditures $ 1,609,710.96
Cash Balance as of September 30, 2023 $ 1,690,238.75
Respectfully,
Lorena Zarate
Finance Manager
CITY OF GROVER BEACH
Treasurer's Report for October 23, 2023 City Council Meeting September 1, 2023 to September 30, 2023
Agenda Item No. 2
DESCRIPTION OF RESOURCES AMOUNT
Balance from August 31, 2023 $ 4,326,289.26
Deposit from Interest 9/30/2023 12,976.47
Total Resources $ 4,339,265.73
DESCRIPTION OF EXPENDITURES AMOUNT
Transfers for Staff Time:
Payroll Expenses 15,433.04
Transfers for Construction:
Accounts Payable Expenses 41,734.90
Total Expenditures $ 57,167.94
Cash Balance as of September 30, 2023 $ 4,282,097.79
Respectfully,
Lorena Zarate
Finance Manager
CITY OF GROVER BEACH
2022 STREETS BOND ACCOUNT ($10,000,000)
Treasurer's Report for October 23, 2023 City Council Meeting September 1, 2023 to September 30, 2023
Agenda Item No. 3
MINUTES
CITY COUNCIL MEETING
TUESDAY, OCTOBER 10, 2023
CALL TO ORDER Mayor Bright called the meeting to order at 6:00 p.m. in the City Hall Council Chamber, 154 South Eighth Street, Grover Beach, California.
FLAG SALUTE The flag salute was led by Seth Bender, 11-year-old, 6th grader from Grover Beach Elementary.
ROLL CALL
City Council: Council Members Daniel Rushing, Clint Weirick, Zach Zimmerman, Mayor Pro Tem Robert Robert, and Mayor Karen Bright were present.
City Staff: City Manager Matthew Bronson, City Attorney David Hale, Assistant City Manager Kristin Eriksson, City Clerk Wendi Sims, Police Chief John Peters, Community Development Director Megan Martin, Acting Public Works Director/City Engineer/CIP Manager Erin Wiggin, and Human Resources Officer Karla Mattocks.
CLOSED SESSION ANNOUNCEMENTS
None
AGENDA REVIEW
Action: Upon unanimous consensus, the Council adopted the agenda as presented.
CEREMONIAL CALENDAR
1. Proclamation for Fire Prevention Week was read by Council Member Rushing and accepted by Five Cities Fire Authority Battalion Chief Salce.
2. Proclamation for Dating and Domestic Violence Awareness Month was read by Mayor Bright and accepted by Jane Pomery, Chief Communication Officer of Lumina Alliance.
PRESENTATIONS
None
PUBLIC COMMUNICATIONS The Mayor opened the floor to any member of the public for comment on items of interest which were within the jurisdiction of the City Council, but were not listed on the agenda.
• Stacy Korsgaden
Agenda Item No. 4
Minutes: City Council Meeting Page 2
Tuesday, October 10, 2023
There being no further public comments received, the Mayor closed public comment.
CONSENT AGENDA
Prior to consideration of the Consent Agenda, Item No. 4 was pulled pursuant to the requests of Council Member Weirick.
It was motioned by Council Member Zimmerman and seconded by Council Member Rushing to approve Consent Agenda Item Nos. 3 and 5 as recommended. The motion carried on the following roll call vote:
AYES: Council Members – Rushing, Weirick, Zimmerman, Mayor Pro Tem Robert and Mayor Bright
NOES: Council Members – None
ABSENT: Council Members – None
ABSTAIN: Council Members – None
3. Minutes of the City Council Meeting on Monday, September 25, 2023 Action: Approved the minutes as revised.
5. West Grand Avenue Streetscape Project Bid Rejection (CIP 2287) Action: Rejected the bid for construction of the West Grand Avenue Streetscape Project (CIP 2287) and received information on the next steps in advancing this project.
PULLED CONSENT AGENDA ITEM
4. City Council Meeting Schedule for Calendar Year 2024 Action: This item has been continued to the October 23, 2023 Council Meeting.
PUBLIC HEARING
5. Second Reading and Public Hearing to Adopt an Ordinance Repealing and Replacing Chapter 3 of Article III (Traffic Regulations) of the Grover Beach Municipal Code
Mayor Bright read the title to the foregoing item, declared the Public Hearing open, and deferred to staff for a report.
Police Chief Peters gave a PowerPoint presentation about the changes to the Traffic Ordinance.
Mayor Bright invited public comment on this matter.
• CJ Vigil
There being no further public comments received, the Mayor closed the Public Hearing.
Minutes: City Council Meeting Page 3
Tuesday, October 10, 2023
Action: It was motioned by Council Member Rushing and seconded by Mayor Pro Tem Robert to conduct a second reading and public hearing to adopt an Ordinance repealing and replacing Chapter 3 of Article III (Traffic Regulations) of the Grover Beach Municipal Code. The motion carried on the following roll call vote:
AYES: Council Members – Rushing, Weirick, Mayor Pro Tem Robert and Mayor Bright
NOES: Council Members – Zimmerman
ABSENT: Council Members – None
ABSTAIN: Council Members – None
Ordinance No. 23-03: An Ordinance of the City Council of the City of Grover Beach, California, Repealing Chapter 3 of Article III in its Entirety, and Adding a New Chapter 3, of Article III of the Grover Beach Municipal Code for the Adoption of the City Traffic Regulations.
REGULAR BUSINESS
7. Adoption of a Resolution Appointing Interim Public Works Director/City Engineer Mayor Bright read the title to the foregoing item and deferred to staff for a report.
City Manager Bronson gave a brief overview of the staff report on the appointing of an Interim Public Works Director/City Engineer Mr. Steve Kahn.
Mayor Bright invited public comment on this matter. No public comments were received at this time and the Mayor closed public comment.
Action: It was motioned by Council Member Weirick and seconded by Council Member Zimmerman to Adopt the Resolution Appointing Steve Kahn as Interim Public Works Director/City Engineer. The motion carried on the following roll call vote:
AYES: Council Members – Rushing, Weirick, Zimmerman, Mayor Pro Tem Robert and Mayor Bright
NOES: Council Members – None
ABSENT: Council Members – None
ABSTAIN: Council Members – None
8. Street Repair Update
Mayor Bright read the title to the foregoing item and deferred to staff for a report.
CIP Manager Wiggin gave a PowerPoint presentation regarding the Street Repair Update.
Mayor Bright invited public comment on this matter.
Minutes: City Council Meeting Page 4
Tuesday, October 10, 2023
• Kelly Lougue
No further public comments were received at this time and the Mayor closed public comment.
Action: The Council received an update on the status of Measure K-14 street rehabilitation projects and Major Street rehabilitation projects and provided input and direction to staff to consider a pedestrian accessibility project at Grover Heights Elementary School and the indefinite closure of South 4th Street south of Highland Way.
COUNCIL COMMITTEE REPORTS
Council Member Rushing gave an update on the SLO Council of Governments (SLOCOG) meeting.
Council Member Zimmerman gave updates on the South County Chambers of Commerce and the Visit SLO Cal Advisory Committee.
Mayor Bright gave an update on the Air Pollution Control District (APCD) and the South SLO County Sanitation District (SSLOCSD) meeting and also, mentioned she attended the South Central Coast Basin wide Control Council.
COUNCIL COMMUNICATIONS
A. Council Member Zimmerman made mention of the Cal Poly Rodeo Break-A-Wave roping event on Thursday, September 28th at Pismo Beach.
B. Council Member Weirick mentioned he attended the Home Builder’s Association of the Central Coast, Public Officials night on September 28th, Assemblymember Dawn Addis San Luis Obispo County Labor Appreciation Breakfast, and other various events in Grover Beach. He also mentioned he will not be in attendance for the next City Council meeting.
C. Mayor Bright mentioned she met with Tret Johnson, Chair of the SLO County Tabacco Control Coalition and Amy Gillman, Program Manager of the SLO County Tabacco Control Coalition to discuss the harms of vaping.
CITY MANAGER'S REPORTS AND COMMENTS
City Manager Bronson stated that the Central Coast Blue’s General Manager Jeff English reported the receipt of an 8 million Prop 1 Ground Water grant from the State of California to add to the grant funding already secured for this project. He encouraged the community to take a look at CentralCoastBlue.com the website for the 3 member JPA that formed last year. He also mentioned the 2 approved projects at 401 and 402 West Grand Avenue that will transform the Minutes: City Council Meeting Page 5
Tuesday, October 10, 2023
gateway enter section in our community. And lastly, he mentioned Police Department was featured on The Discovery Channel for their great investigative work with a murder investigation from 2018.
CITY ATTORNEY’S REPORTS AND COMMENTS
None
CLOSED SESSION
None
ADJOURNMENT
There being no further business to come before the City Council, Mayor Lee adjourned the meeting at 7:34 p.m.
_____________________________
KAREN BRIGHT, MAYOR
Attest:
______________________________
WENDI SIMS, CITY CLERK
(Approved at CC Mtg ______)
Agenda Item No. 5
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: October 23, 2023 FROM: Matthew Bronson, City Manager
PREPARED BY: Wendi Sims, City Clerk
SUBJECT: City Council Meeting Schedule for Calendar Year 2024
RECOMMENDATION
Adopt the proposed City Council meeting schedule for calendar year 2024.
BACKGROUND
Regular City Council meetings are held on the second and fourth Mondays of each month at 6:00 p.m. If that day falls on a holiday, the meeting is held on the next succeeding day which is not a holiday (GBMC Article II, Section 2301). The Council has the ability to adjust and/or add other meeting dates as deemed necessary and can change the regular meeting schedule by resolution.
Adjustments to the regular Council meeting schedule for 2024 are proposed to provide the Council and City staff with an opportunity to make advance planning arrangements for time off during the summer and winter holiday season. These proposed adjustments are listed below:
1) Cancelling the first meeting in July:
- conducting one meeting only during the month of July to allow the Council and City staff the opportunity to schedule vacation time off during the summer; and 2) Cancelling the first meeting in August:
- conducting one meeting only during the month of August to allow the Council and City staff the opportunity to schedule vacation time off; and 3) Cancelling the second meeting in November and December:
- conducting one meeting only during the month of November and December in the beginning of the month given the extent of holiday activities and to allow Council and City staff the opportunity to schedule vacation time off during the winter holiday.
In addition to the regularly scheduled meetings, the Council may call for special meetings as needed throughout the year.
The proposed meeting schedule for 2024 was originally brought to the Council on October 10.
However, a question was raised by the Council about Tuesday meetings scheduled for February 13 and October 15 and potential overlap with the Arroyo Grande City Council meetings if actions need to be taken by both Councils. Staff has reviewed the Council meeting schedule in both cities and the Arroyo Grande City Council does not meet on October 15 and staff will ensure that no overlapping items will be scheduled for February 13.
Staff Report: City Council Meeting Schedule for Calendar Year 2024 Page 2 October 23, 2023
FISCAL IMPACT
There is no fiscal impact from this action.
ALTERNATIVES
The City Council has the following alternatives to consider:
1. Adopt the proposed City Council meeting schedule for calendar year 2024; or
2. Amend the proposed City Council meeting schedule, and adopt the amended meeting schedule for 2024; or
3. Provide alternate direction to staff.
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.
Attachments
1. 2024 Calendar with Proposed Council Meeting Dates
= Holidays - City Hall Closed = Council Meetings = Proposed Canceled Meetings Attachment 1
Agenda Item No. 6
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: October 23, 2023 FROM: Matthew Bronson, City Manager
PREPARED BY: Erin Wiggin, CIP Manager
SUBJECT: Award of Construction Contract for Measure K-14 Street Improvements for CIP 2295-16 (Portions N. 2nd Street, Front Street, Ramona Avenue, Saratoga Avenue)
RECOMMENDATION
Award a contract for construction of CIP 2295-16 as part of the Measure K-14 Street Rehabilitation Program to The J.F. Will Company in the amount of $1,860,176.30 for the Base Bid; authorize the City Manager to sign and affirm change orders up to an aggregate of $200,000; and authorize the Mayor to execute the contract on behalf of the City.
BACKGROUND
The Council identified Street Maintenance and Complete Streets as one of the Major City Goals for FY 2023-25. Voters approved Measure K-14 in November 2014 which authorizes the sale of up to $48 million in bond funds for repair of residential streets. The first 15 Measure K-14 funded projects are complete and have provided comprehensive maintenance and repair of nearly 300 city blocks which represents over 70% of all residential city streets. The next Measure K-14 street project is Capital Improvement Program (CIP) 2295-16 which includes pavement repair and concrete improvements of approximately 19 blocks on portions of Front Street, N. 2nd Street, Saratoga Avenue, and Ramona Avenue. The City hired RICK Engineering to develop the project bid documents which depict the street improvements and mandated accessibility upgrades.
Bids for CIP 2295-16 were opened on August 31, 2023. The City received three bids shown in Attachment 1 ranging from $1,860,176.30 to $2,384,050 for the base bid work, compared with the Engineer’s Estimate of approximately $1,850,000. The lowest responsive and responsible bidder is the J.F. Will Company from Santa Maria with a base bid of $1,860,176.30. Staff has completed a review of J.F. Will Company’s, qualifications and capability to complete the project and is recommending the Council award a construction contract to them. Staff does not recommend awarding the bid additive at this time. Pending the Council’s award of construction contract, preliminary construction on this project is expected to begin next month weather permitting. A more detailed and accurate project schedule will be determined following the award of the construction contract.
FISCAL IMPACT
This project is funded primarily with Measure K-14 funds aside from $50,000 from the General Fund as part of the sidewalk infill cost-sharing program and $40,000 from the Water Fund for water infrastructure improvements. The total project cost includes the lowest bid plus contingency as identified above for a total of $2,060,176. Staff is recommending the Council award to The J.F.
Will Company in the amount of $1,860,176.30 and authorize the City Manager to approve the Staff Report: Award of Construction Contract Measure K-14 (CIP 2295-16) Page 2 October 23, 2023
construction contract and construction management change orders, if necessary, up to an additional $200,000.
ALTERNATIVES
The Council has the following alternatives to consider:
1. Award the contract for construction of CIP 2295-16 as part of the Measure K-14 Street Rehabilitation Program to The J.F. Will Company in the amount of $1,860,176.30 for the Base Bid; authorize the City Manager to sign and affirm change orders up to an aggregate of $200,000; and authorize the Mayor to execute the contract on behalf of the City; or
2. Delay award of the project and provide additional direction to staff; or
3. Reject all bids, modify the project, and re-advertise for bids as soon as possible.
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.
Attachments
1. Agreement
2. Bid results
3. Map of streets included in CIP 2295-16
CITY OF GROVER BEACH
County of San Luis Obispo
State of California
NOTICE TO BIDDERS
SPECIAL PROVISIONS
PROPOSAL AND
CONTRACT
for
MEASURE K-14 STREET REHABILITATION AND REPAIR PROJECT,
CIP 2295-16
• N. 2ND STREET, SARATOGA AVENUE TO NEWPORT AVENUE & ATLANTIC CITY TO PARK VIEW • N. 2ND STREET, ATLANTIC CITY TO PARK VIEW
• BECKETT AVENUE, BRIGHTON AVENUE TO NEWPORT AVENUE
• FRONT STREET, NEWPORT AVENUE TO PARK VIEW AVENUE
• RAMONA AVENUE, N. 10TH STREET TO N. 14TH STREET
• SARATOGA AVENUE, FRONT STREET TO N. 8TH STREET
August 31, 2023
Bids Open: Tuesday, October 3, 2023 @ 2:00 p.m.
Approved:
August 31, 2023
Gregory A. Ray, P.E., Director of Public Works Date
RCE 58186
DocuSign Envelope ID: C1A9B8EB-479C-48C0-8FA7-F9BE0F92AA6C Attachment 1 City of Grover Beach
DEPARTMENT OF PUBLIC WORKS
Contact: Greg Ray, Public Works Director/City Engineer
Telephone: (805} 473-4530
Date: September 6, 2023
ADDENDUM NO. 01
FOR
MEASURE K-14 STREET REHABILITATION AND REPAIR PROJECT
CIP 2295-16
BIDS OPEN: TUESDAY, OCTOBER 3, 2023@ 2:00 P.M.
The Specifications, Proposal and Contract for the above reference project are amended to the following:
1. The General Work Description in the Notice to Bidders and in Section 9: Description of Work should be modified to the following:
In general, the Base Bid Work shall be pavement repair of approximately 20 blocks, including and not necessarily limited to project management and controls activities, mobilization activities, public notification and interaction activities, construction surveying and staking, traffic control, water pollution control practices, pre- and post-construction survey monument protection and establishment, adjustment of pavement surface features (water utility boxes and valves, sewer manholes, storm drain manholes, and survey monument wells), clearing and grubbing of debris (plant, soil, abandoned landscape features, etc.) within the Work limits, landscaping and irrigation repair, resetting of mailboxes, resetting of sign posts, tree trimming, earthwork cutting and backfilling, removal of existing asphalt, roadway preparation, hot mix asphalt repaving street surface and conform areas, hot mix asphalt dike installation, concrete curb and gutter, concrete cross-gutter, concrete sidewalks, accessibility improvements, signage and installation of pavement striping and markings.
City of Grover Beach ;i_A;4~
Gregory A. Ray, P.E.
Public Works Director/City Engineer
END OF ADDENDUM NO. 01
154 S. 8th Street Grover Beach, CA 93433 805/473-4530 publicwor1<[email protected] Visit our website at www.groverbeach.org
DocuSign Envelope ID: C1A9B8EB-479C-48C0-8FA7-F9BE0F92AA6C i | Page CIP 2295-16 – Measure K-14 Street Rehabilitation and Repair Project
TABLE OF CONTENTS
SECTION PAGE
NOTICE TO BIDDERS................................................................................................................. 1-2 REQUIRED BID FORMS ............................................................................................................. 3-16 PROPOSAL...................................................................................................................... 4 BID INFORMATION.......................................................................................................... 5 BID QUANTITIES ............................................................................................................. 6 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION ............................................. 8 NONCOLLUSION AFFIDAVIT.......................................................................................... 10 DEBARMENT AND SUSPENSION CERTIFICATION....................................................... 11 LIST OF SUBCONTRACTORS ........................................................................................ 12 QUESTIONNAIRE............................................................................................................ 13 BID FORM........................................................................................................................ 14 BIDDER’S BOND.............................................................................................................. 15 PROJECT REFERENCES................................................................................................ 16 CONTRACT FORMS ................................................................................................................... 17-24 GUARANTY...................................................................................................................... 18 CONTRACT...................................................................................................................... 19 SPECIAL PROVISIONS............................................................................................................... 25-56 SECTION 1. SPECIFICATIONS AND PLANS .................................................................. 25 SECTION 2. PROPOSAL REQUIREMENTS AND CONDITIONS .................................... 31 SECTION 3. AWARD AND EXECUTION OF CONTRACT ............................................... 36 SECTION 4. BEGINNING OF WORK, TIME OF COMPLETION,
LIQUIDATED DAMAGES, HOURS OF WORK, NIGHT WORK,
AND SCHEDULED SUSPENSION............................................................... 37 SECTION 5. GENERAL.................................................................................................... 38 SECTION 6. MEASUREMENT AND PAYMENT............................................................... 48 SECTION 7. REFERENCE INFORMATION ..................................................................... 53 SECTION 8. MATERIALS................................................................................................. 54 SECTION 9. DESCRIPTION OF WORK........................................................................... 55 SECTION 10. TECHNICAL SPECIFICATIONS ................................................................ 56 DocuSign Envelope ID: C1A9B8EB-479C-48C0-8FA7-F9BE0F92AA6C 1 | Page CIP 2295-16 – Measure K-14 Street Rehabilitation and Repair Project City of Grover Beach
State Of California
- - - - - - - - - - - - - - -
NOTICE TO BIDDERS
Sealed bids will be received by the City Clerk of the City of Grover Beach at the City Clerk’s Office at 154 South 8th Street, Grover Beach, CA 93433 until 2:00 p.m., on Tuesday, October 3, 2023 and promptly thereafter all bids that have been duly received will be publicly opened and read aloud for furnishing to said City all labor, materials, equipment, transportation, services and supplies necessary to construct and complete the construction of the:
MEASURE K-14 STREET REHABILITATION AND REPAIR PROJECT, CIP 2295-16 • N. 2ND STREET, SARATOGA AVENUE TO NEWPORT AVENUE & ATLANTIC CITY TO PARK VIEW • N. 2ND STREET, ATLANTIC CITY TO PARK VIEW
• FRONT STREET, NEWPORT AVENUE TO PARK VIEW AVENUE
• RAMONA AVENUE, N. 10TH STREET TO N. 14TH STREET
• SARATOGA AVENUE, FRONT STREET TO N. 8TH STREET
• BECKETT AVENUE, BRIGHTON AVENUE TO NEWPORT AVENUE
General Work Description: In general, the Base Bid Work shall be a cape seal of approximately 20 blocks, including and not necessarily limited to, including and not necessarily limited to, project management and controls activities, mobilization activities, public notification and interaction activities, construction surveying and staking, traffic control, water pollution control practices, pre- and post-construction survey monument protection and establishment, adjustment of pavement surface features (water utility boxes and valves, sewer manholes, storm drain manholes, and survey monument wells), clearing and grubbing of debris (plant, soil, abandoned landscape features, etc.) within the Work limits, landscaping and irrigation repair, resetting of mailboxes, resetting of sign posts, tree trimming, earthwork cutting and backfilling, removal of existing asphalt, roadway preparation, hot mix asphalt repaving street surface and conform areas, hot mix asphalt dike installation, concrete curb and gutter, concrete cross-gutter, concrete sidewalks, accessibility improvements, signage and installation of pavement striping and markings.
The estimated opinion of probable construction cost for this Base Bid Work is approximately $1,850,000 Conditions of Submitting a Bid: Bids are required for the entire Work described herein.
The Contractor shall possess a Class A license at the time this Contract is awarded through Contract acceptance.
The Contractor and all subcontractors will be required to obtain a City of Grover Beach Business Tax Certificate at the time the Contract is awarded.
This Contract is subject to state contract nondiscrimination and compliance requirements pursuant to Government Code, Section 12990.
Notice to Bidders, Plans, Special Provisions, and Proposal Forms may be inspected at the Public Works Office in Grover Beach, California, and copies of said documents may be obtained through the City’s website under bids and proposals at: groverbeach.org. No bid will be received unless it is made on a Proposal Form furnished by the City. Bids received via FAX will not be considered.
Each bid shall be accompanied by cash, certified or cashier’s check, or bidder’s bond for not less than ten percent (10%) of the amount of the base bid, made payable to the City of Grover Beach.
Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates in the county, or counties, in which the work is to be done have been determined by the Director of the California Department of DocuSign Envelope ID: C1A9B8EB-479C-48C0-8FA7-F9BE0F92AA6C 2 | Page CIP 2295-16 – Measure K-14 Street Rehabilitation and Repair Project Industrial Relations. These wages are set forth in the General Prevailing Wage Rates for this project available from the California Department of Industrial Relations’ Internet web site at http://www.dir.ca.gov/OPRL/PWD/. Future effective general prevailing wage rates, which have been predetermined and are on file with the California Department of Industrial Relations are referenced but not printed in the general prevailing wage rates.
This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
Pursuant to Labor Code section 1725.5, no contractor or subcontractor may be listed on a bid proposal or be awarded a contract for public work on public works project unless registered with the Department of Industrial Relations.
Notice is also hereby given that any or all bidders may be required to furnish a sworn statement of their financial responsibility, technical ability and experience before award is made to any particular bidder.
Bidders shall contact the City of Grover Beach Department of Public Works office at [email protected] the day prior to bid opening to obtain any bidding addenda information.
Submittal of a signed bid shall be evidence that the Bidder has obtained this information and that the bid is based on any changes contained therein.
Submittal of Bidder’s Inquiries: Inquiries or questions based on alleged patent ambiguity of the plans, specifications or estimate must be communicated as a bidder inquiry prior to bid opening.
Bidder’s inquiries shall be submitted in writing via e-mail to the City of Grover Beach, Public Works Department, at: [email protected]. The cutoff time that the City will accept bidder’s inquiries is September 22, 2023, seven (7) business days prior to the bid opening. The City will respond to bidder’s inquires via bidding addenda. Any such inquiries, submitted after the cutoff time of receiving bidder’s inquiries, will not be treated as a bid protest.
By submitting a bid, the bidder is confirming that a job walk was performed, and any visual ambiguities have been submitted in writing via a bidder inquiry.
Bid Submittal Instructions: On the outside of the bid envelope the Bidder shall indicate the following:
1. Name and Address of Bidder
2. Name of project on which bid is submitted
3. Date and time of bid opening
The right is reserved by the City of Grover Beach to reject any or all bids, to evaluate the bids submitted, and award the Contract to the lowest responsible bidder. The City further reserves the right to waive any informalities or minor irregularities in the bid.
No bidder may withdraw his bid for a period of sixty (60) working days after the date set for the opening thereof.
Dated this 31st, day of August 2023, at the City of Grover Beach, California.
City of Grover Beach
STATE OF CALIFORNIA
Gregory A. Ray, P.E.
Public Works Director/City Engineer
Legal Ad Published:
The New Times: Thursdays, August 31st & September 7th
DocuSign Envelope ID: C1A9B8EB-479C-48C0-8FA7-F9BE0F92AA6C 3 | Page CIP 2295-16 – Measure K-14 Street Rehabilitation and Repair Project
REQUIRED BID FORMS
A complete bid shall include the following BID FORMS include the following:
PROPOSAL to the City of Grover Beach
BID INFORMATION AND BID QUANTITIES
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
NONCOLLUSION AFFIDAVIT
DEBARMENT AND SUSPENSION CERTIFICATION
LIST OF SUBCONTRACTORS
QUESTIONNAIRE
BID FORM
BIDDER’S BOND
PROJECT REFERENCES
DocuSign Envelope ID: C1A9B8EB-479C-48C0-8FA7-F9BE0F92AA6C (Because some colored inks will not reproduce in copy machines, please use black ink to complete this proposal.)
PROPOSAL
To The City of Grover Beach
For
MEASURE K-14 STREET REHABILITATION AND REPAIR PROJECT, CIP 2295-16 • N. 2N° STREET, SARA TOGA AVENUE TO NEWPORT AVENUE & ATLANTIC CITY TO PARK VIEW • N. 2ND STREET, ATLANTIC CITY TO PARK VIEW
• FRONT STREET, NEWPORT AVENUE TO PARK VIEW AVENUE
• RAMONA AVENUE, N. 10TH STREET TO N.14TH STREET
• SARATOGA AVENUE, FRONT STREET TON. 8TH STREET
• BECKETT AVENUE, BRIGHTON AVENUE TO NEWPORT AVENUE
The Work shall be constructed in accordance with the State of California Department of Transportation Standard Specifications dated 2010, except as modified by these Special Provisions, the Construction Drawings, the City of Grover Beach Standard Drawings and the Contract annexed hereto. In the absence of specific standards referenced in the foregoing, water system work and materials shall comply with AWNA Standards. Labor Surcharges and the Equipment Rental Rates and General Prevailing Wage Rates of the STATE OF CALIFORNIA, Business and Transportation Agency, Department of Transportation shall apply to all work except as modified herein.
This Proposal is submitted with respect to the changes to the Contract included in addenda number/s .1 (Fill in addenda numbers if addenda have been received). 41Page CIP 2295-16- Measure K-14 Street Rehabilitation and Repair Project DocuSign Envelope ID: C1A9B8EB-479C-48C0-8FA7-F9BE0F92AA6C 5 | Page CIP 2295-16 – Measure K-14 Street Rehabilitation and Repair Project
BID INFORMATION
Bids are submitted for the entire Work. The amount of the bid for comparison purposes will be the total of all items. The total of unit basis items will be determined by extension of the item price bid on the basis of the estimated quantity set forth for the item.
The Bidder shall set forth for each item of Work, in clearly legible figures, an item price and a total for the item 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 item quantity for the item.
In case of discrepancy between the item price and the item total set forth for the 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 in the case of unit basis items, is the same amount as the entry in the "Item Total" column, then the amount set forth in the "Item Total" column for the item shall prevail in accordance with the following:
1. As to lump sum items, the amount set forth in the "Item Total" column shall be the item price.
2. As to unit basis items, the amount set forth in the "Item Total" column shall be divided by the estimated quantity for the item and the price thus obtained shall be the item price.
The City reserves the right to reject any and all bids.
The BASIS OF AWARD of the Contract will be based on the lowest, responsive, responsible “BASE” Bid. The city, at its sole discretion, may or may not elect to award the Base Bid and Additive Bid.
If this proposal shall be accepted and the undersigned shall fail to enter into the Contract, to provide the certificate(s) of insurance and endorsement(s) as required by these Special Provisions, and to give the specified Payment Bond and Performance Bond with a surety that is satisfactory to the City, within ten (10) days, not including Saturdays, Sundays and legal holidays, after the Bidder has received notice from the City that the Contract has been awarded, the City 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 the same shall be the property of the City.
The undersigned, as Bidder, declares under penalty of perjury 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 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 therefore the following item prices, to wit:
DocuSign Envelope ID: C1A9B8EB-479C-48C0-8FA7-F9BE0F92AA6C The J. F. Will Co., Inc.
BID QUANTITIES
for the
MEASURE K-14 STREET REHABILITATION AND REPAIR PROJECT, CIP 2295-16 • N. 2No STREET, SARATOGA AVENUE TO NEWPORT AVENUE & ATLANTIC CITY TO PARK VIEW • N. 2ND STREET, ATLANTIC CITY TO PARK VIEW
• FRONT STREET, NEWPORT AVENUE TO PARK VIEW AVENUE
• RAMONA AVENUE, N. 10TH STREET TO N.14TH STREET
• SARATOGA AVENUE, FRONT STREET TON. 8TH STREET
• BECKETT AVENUE, BRIGHTON AVENUE TO NEWPORT AVENUE
BASE
BID
ITEM
ITEM DESCRIPTION UNIT APPROX. UNIT PRICE TOTALITEM
NO. QTY PRICE
1 Mobilization LS 1 /b<f.~'1) //)~ S"IS--
2 Construction Surveying LS 1 If, f/K Ii, 9fS3 Survey Monument Preservation LS 1 rl,-S-00 2., 50/1- 4 Water Pollution Control Program LS 1 I, 5'tJO 11 5"0P5 Traffic Control Systems LS 1 ""· $"2)
ll'l,S';r- --....... 6 Portable Changeable Message Sign EA 2 I/, /()0 Y, 200.,,, 7 Public Notifications LS 1 1-,soo -:,., s-oo8 Clearing and Grubbing LS 1 l/,S-Z$ 1./, ~z>"- 9 Repair Landscape and Irrigation LS 1 'l,~oo 't,~llO..,,. 10 F Roadway Excavation C( 5,500 II,. ~~()«)-
11 Hot Mix Asphalt TON 4,600 1'11.fP ~, q, l/rt}-
12 Class 2 Aggregate Base C( 3,350 1/1/ lt/t. I/OP-- .
13 Hot Mix Asphalt (Driveways and Misc. Areas) SF 2,100 /J,]/ ;:,.. ~I14 Hot Mix Asphalt Dike (Type A) LF 2,050 13,0f/ ~/,I flt/,. S"O 15 Hot Mix Asphalt Dike (Type E) LF 220 11. ()f ~"llf.ftJ 16 Decorative Stamped Asphalt SF 320 1,. fl) 12, ':1'1 'J17 Concrete Curb Ramp SF 4,850 J/f) It/ti, Pt)I}- 18 Concrete Sidewalk SF 1,400 .1.() ~i;I)@-
19 Concrete Curb & Gutter LF 210 15' l:/,S'bll20 Concrete Cross Gutter & Spandrel SF 1,350 b'5' !!/, 19'- GI Page CIP 2295-16- Measure K-14 Street Rehabilitation and Repair Project DocuSign Envelope ID: C1A9B8EB-479C-48C0-8FA7-F9BE0F92AA6C
BID QUANTITIES
for the
The J. F. Will Co., Inc.
MEASURE K-14 STREET REHABILITATION AND REPAIR PROJECT, CIP 2295-16 • N. 2No STREET, SARATOGA AVENUE TO NEWPORT AVENUE & ATLANTIC CITY TO PARK VIEW • N. 2No STREET, ATLANTIC CITY TO PARK VIEW
• FRONT STREET, NEWPORT AVENUE TO PARK VIEW AVENUE
• RAMONA AVENUE, N.1QTH STREET TO N.14TH STREET
• SARATOGA AVENUE, FRONT STREET TON. 8TH STREET
• BECKETT AVENUE, BRIGHTON AVENUE TO NEWPORT AVENUE
BASE
BID
ITEM APPROX. TOTALITEM
NO. ITEM DESCRIPTION UNIT
QTY
UNIT PRICE PRICE
21 Concrete Driveway SF 2,500 3f 'lf,!JOO22 Concrete Curb LF so 1-~ J,t'Sb23 lnstal I New 10" Water Valve EA 2 '1,~o l'l,IXXl24 Relocate Water Service EA 4 J, 1CO 1,r.u;r; .. 25 Adjust Manhole to Finish Surface EA 11 -,Js ·!; :,:,s-- 26 Adjust Sewer Cleanout to Finish Surface EA 5 ,5"3~ d,l,J~- 27 Adjust Water Valve Cover to Finish Surface EA 65 !"JS' 3'-1. IZ'i28 Adjust Gas Valve Cover to Finish Surface EA 1 'f'3:f 5J'S" - 29 Relocate Fire Hydrant EA 1 l{.S"IJO -J/,s-co30 Install Fire Hydrant Breakaway Spool EA 11 1,fOD . //,, S-«J ... 31 Install Fire Hydrant Concrete Pad EA 12 4f'l> S':lf()()- 32 Reset Mailbox EA 17 ~~ 9,~':/~ - 33 Reset One-Post Sign EA 6 3~5° l,·95°1)- 34 Thermoplastic Pavement Markings (Limit lines, SF 1,100 crosswalks, and word markings) '1,</0 ltJ,8'~:..- 35 Paint Red Curb LF 120 /,1~ ;;JO36 Blue Retroreflective Pavement Markers EA 12 ~/.SZ> 3S''&- ESTIMATED PROJ~CTTOTAL = /, ft/), /':f /,,,~
TOTAL BASE BID: _$ / f/{,t) I/?-/;,,;/)
Notes:
1. (F) denotes Final Pay per Caltrans Standard Section 9-1.02C.
2. Lump Sum items shall provide Schedule of Values per Caltrans Standard Section 9-1 .168 unless directed otherwise by the Engineer.
7IPage CIP 2295-16- Measure K-14 Street Rehabilitation and Repair Project DocuSign Envelope ID: C1A9B8EB-479C-48C0-8FA7-F9BE0F92AA6C
BID QUANTITIES
for the
The J. F. Will Co., Inc.
MEASURE K-14 STREET REHABILITATION AND REPAIR PROJECT, CIP 2295-16 • N. 2N° STREET, SARATOGA AVENUE TO NEWPORT AVENUE & ATLANTIC CITY TO PARK VIEW • N. 2N° STREET, ATLANTIC CITY TO PARK VIEW
• FRONT STREET, NEWPORT AVENUE TO PARK VIEW AVENUE
• RAMONA AVENUE, N.10TH STREET TO N.14TH STREET
• SARA TOGA AVENUE, FRONT STREET TO N. 8TH STREET
• BECKETT AVENUE, BRIGHTON AVENUE TO NEWPORT AVENUE
TOTAL BASE BID AMOUNT:
(In Figures) ,
au milk.)~ Words) ~m~~ Bid amount of each of the above bid items must be filled in and completed in ink. In the event of a conflict between numbers given in figures and in words, the words shall control. · In the event of a conflict between a unit price and the extended price, the unit price correctly multiplied by the estimated quantity shall be used in calculating the total bid.
Bl Page CIP 2295-16 - Measure K-14 Street Rehabilitation and Repair Project DocuSign Envelope ID: C1A9B8EB-479C-48C0-8FA7-F9BE0F92AA6C
BID QUANTITIES
for the
The J. F. Will Co., Inc.
MEASURE K-14 STREET REHABILITATION AND REPAIR PROJECT, CIP 2295-16 • N. 2ND STREET, SARATOGA AVENUE TO NEWPORT AVENUE & ATLANTIC CITY TO PARK VIEW • N. 2No STREET, ATLANTIC CITY TO PARK VIEW
• FRONT STREET, NEWPORT AVENUE TO PARK VIEW AVENUE
• RAMONA AVENUE, N.10TH STREET TO N.14TH STREET
• SARATOGA AVENUE, FRONT STREET TON. srH STREET
• BECKETT AVENUE, BRIGHTON AVENUE TO NEWPORT AVENUE
BID ADDITIVE ITEMS
37 Beckett St - Slurry Seal SF 20,600 1/,5"1/- 'I J, S-z.l{,-- 38 Front St- Hot Mix Asphalt (Driveways and Misc. SF 610 Areas) /tl,5'0 ~t;s--- :
39 Front St - Concrete Curb & Gutter LF 240 /30 ~rco40 Front St - Concrete Cross Gutter & Spandrel SF 450 ,~ ~'I, 2S/)- 41 Front St - Concrete Curb LF 30 /JO 3,1,t;lJ42 Front St - Paint Red Curb LF 25 /, :,s J/J, =/f' ESTIMATED BID ADDITIVE TOTAL= 1,2, '1'12,~' -)
TOTAL BID ADDITIVE I $ ltJ, r~z, -ifNotes:
3. (F) denotes Final Pay per Caltrans Standard Section 9-1.02C.
4. Lump Sum items shall provide Schedule of Values per Caltrans Standard Section 9-1.168 unless directed otherwise by the Engineer.
TOTAL BID ADDITIVE AMOUNT:
Bid amount of each of the above bid items must be filled in and completed in ink. In the event of a conflict between numbers given in figures and in words, the words shall control. In the event of a conflict between a unit price and the extended price, the unit price correctly multiplied by the estimated quantity shall be used in calculating the total bid.
91Page CIP 2295-16 - Measure K-14 Street Rehabilitation and Repair Project DocuSign Envelope ID: C1A9B8EB-479C-48C0-8FA7-F9BE0F92AA6C
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION - BIDDER
The Bidder --~.;.._Q_j...;....._t:'_L()....;;....;....t'{_,_\ -'e~o_L° ...... _....... LA ___ C... ________ _ hereby certifies that he ha, S 9 has not) ___ , participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.
Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1 .5. (Generally only contracts or subcontracts of $10,000 or under are exempt.)
Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orc;lers or their implementing regulations.
Proposed 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.
10 I Page CIP 2295-16- Measure K-14 Street Rehabilitation and Repair Project DocuSign Envelope ID: C1A9B8EB-479C-48C0-8FA7-F9BE0F92AA6C DocuSign Envelope ID: C1A9B8EB-479C-48C0-8FA7-F9BE0F92AA6C X
PAVEMENT COATINGS CO.
DocuSign Envelope ID: C1A9B8EB-479C-48C0-8FA7-F9BE0F92AA6C DocuSign Envelope ID: C1A9B8EB-479C-48C0-8FA7-F9BE0F92AA6C DocuSign Envelope ID: C1A9B8EB-479C-48C0-8FA7-F9BE0F92AA6C 12 | Page CIP 2295-16 – Measure K-14 Street Rehabilitation and Repair Project Noncollusion Affidavit
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
To the CITY of Grover Beach, DEPARTMENT OF PUBLIC WORKS.
In conformance with Title 23 United States Code Section 112 and Public Contract Code Section 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.
Note: The above Noncollusion 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.
DocuSign Envelope ID: C1A9B8EB-479C-48C0-8FA7-F9BE0F92AA6C 13 | Page CIP 2295-16 – Measure K-14 Street Rehabilitation and Repair Project
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.
Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification.
DocuSign Envelope ID: C1A9B8EB-479C-48C0-8FA7-F9BE0F92AA6C The Bidder shall list the name and address of each subcontractor required to be listed by the provisions in "Subcontracting and Superintendence, " of the Special Provisions, to whom the Bidder proposes to subcontract portions of the Work.
LIST OF SUBCONTRACTORS
BASE BID
In accordance with the provisions of Section 4100 et. seq. of the California Public Contract Code, the Bidder shall, in its bid, list the name, the location of the place of business, the California contractor license number, and the public works contractor registration number issued pursuant to Section 1725.5 of the California Labor Code, of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime contractor's total bid or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the prime contractor's total bid or ten thousand dollars ($10,000), whichever is greater.
Name and Address
License No.
and
Classification
CA Dept. of
Industrial
Relations
DIR No.
Work to be
Subcontracted
Bid Item I
Descri tion
Subcontracted
$ Amount
Do not list alternative subcontractors for the same work. 14 IP age CIP 2295-16 - Measure K-14 Street Rehabilitation and Repair Project DocuSign Envelope ID: C1A9B8EB-479C-48C0-8FA7-F9BE0F92AA6C The Bidder shall complete, under penalty of perjury, the following questionnaire:
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 o/a safety regulation? YES □ NO~
If the answer is yes, explain the circumstances in the following space.
NOTE: This questionnaire constitutes a part of the Proposal and signature on the signature portion of this Proposal shall constitute signature of this questionnaire. 15 I Page CIP 2295-16- Measure K-14 Street Rehabilitation and Repair Project DocuSign Envelope ID: C1A9B8EB-479C-48C0-8FA7-F9BE0F92AA6C
BID FORM
Accompanying this proposal is __ }3..._._.\&........,~ .... e.=---r: ..... 1_6...aa....o_V\_°"_..,_ ___ , in an amount equal to at least (NOTICE: Insert the words "Cash ($__), "Cashier's Check, or Bidder's Bond,• as the case may be). ten percent ( 10%) of the total of the base bid.
The names of all persons interested in the foregoing proposal as principals are as follows:
IMPORTANT NOTICE
If the 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 co-partnership, state true name of firm, also names of all individual co-partners composing firm; if Bidder or other interested person is an individual, state first and last names in full.
Jok11 1r [f.J;(/ J Pr~ide1,n/DWV\€( /DD%
Licensed in accordance with an act providing for the registration of contracto'A s~id license being in~( standing as of the date of this bid. License No: ':tq 3 ~<-/Z- Class: Expiration Date: D it;' The statement of good standing, license number, class and expiration date stated herein over my signature are made under penalty of perjury. ,/
California Department of Industrial Relations (DIR), Registration No. {b/JODO l Z q, :-r NOTE: If Bidder is a corporation, the legal name of the corporation shall be set forth above together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation; if Bidder is a co-partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts on behalf of the co-partnership; and if Bidder is an individual, his signature shall be placed above. If signature is by an agent other than an officer of a corporation or a member of a partnership, a Power of Attorney must be on file with the City of Grover Beach prior to opening bids or submitted with the bid; otherwise, the bid will be disregarded as irregular and unauthorized. qJ'f55'
Business Address: J~ If/) rw:Rusre-,cJ Pa -clt ~ '~,,,fe too, )!JIil'( //)1Qn£l, CA Telephone Number: c <Zo-5> 9. ,i Of foD Email: l<M~r V\f\ ftN@ ourL~ ,COlM Place of Business:_~-=-Ct""'-"'-_._V\A.......,e _____ ---------------,--,-- A/ICT lee R idqe /Rd ,5cw:l:l't UlAt,,r(a; /!_A q ~,;-- . 20 2.7 Place of Residence: '2 4-1
Dated: i ~ j \ \ 2-2
161 Page CIP 2295-16- Measure K-14 Street Rehabilitation and Repair Project DocuSign Envelope ID: C1A9B8EB-479C-48C0-8FA7-F9BE0F92AA6C
BIDDER'S BOND
KNOW ALL MEN BY THESE PRESENTS, That we THE J.F. WILL COMPANY, INC. as PRINCIPAL, and ___ _..;.. T.;..:. H=E...;; O-'-H"'-IO~ C-'-A;..;;. S~U;...; A_L TY.;..;_I..;... N...;. S..cU_RA_ N_C_E_C_O_M_P_A_N_Y __ , as SURETY, are held and finnly bound unto the City of Grover Beach, 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, aforesaid, for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made to the City to which said bid was submitted, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. In no case shall the liability of the surety hereunder exceed the sum ofTEN PERCENT OF AMOUNT BID DOLLARS ($ 10% OF BID ) .
THE CONDITION OF THIS OBLIGATION IS SUCH, That whereas the Principal has submitted the above mentioned bid to the City of Grover Beach, aforesaid, for certain construction specifically described as follows, for which bids are to be opened at the office of the City Clerk, City of Grover Beach, 154 South 8th Street, Grover Beach, CA, 93433, (805) 473-4530, at 2:00 p.m., on Tuesday, October 3, 2023 for MEASURE K-14 STREET REHABILITATION AND REPAIR PROJECT, CIP 2295-16, N. 2ND STREET, SARATOGA AVENUE TO NEWPORT AVENUE & ATLANTIC CITY TO PARK VIEW, N. 2ND STREET,
ATLANTIC CITY TO PARK VIEW, FRONT STREET, NEWPORT AVENUE TO PARK VIEW AVENUE, RAMONA AVENUE, N.10TH STREET TON. 14TH STREET, SARATOGA AVENUE, FRONT STREET TON. 8TH STREET, BECKETT AVENUE, BRIGHTON AVENUE TO NEWPORT AVENUE NOW, THEREFORE, If the aforesaid Principal is awarded the Contract and, within the time and manner required under the specifications, after the prescribed forms are presented to him for signature, enters into a written contract, in the prescribed form, in accordance with the bid, and files two (2) 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 WITNESS WHEREOF, We have hereunto set our hands and seals on this ~ day of SEPTEMBER , AD., 20 n__.
T __ H'"""'E;;;;;...a. J·.;.. F .... Wl --=L=L-"C-"O-'-"M __ P.a... A...; N..a.. Y,__ I ___ N __ C ___ . ___ (SEAL) .cS')~ l~ (SEAL) (_/ u (SEAL)
Principal
.....U..l=..::::..J.!.l:'-===;.~~=~~Mi!:.!P..!.A,:.:: N'-'-Y- (SEAL) -.F-1~~'==-_._ ______ (SEAL)
BRITTON CHRISTIANSEN, ATTORNEY-in-FACT (SEAL)
Surety
NOTE: Signatures of those executing for the surety must be properly acknowledged. 17 I P a g e CIP 2295-16- Measure K-14 Street Rehabilitation and Repair Project - - - ----------------------------
DocuSign Envelope ID: C1A9B8EB-479C-48C0-8FA7-F9BE0F92AA6C ..
~ Lihertx ~ Mutual.
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated.
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company
Certificate No: 8201903-969577
SURETY
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"}, pursuant to and by authority herein set forth, does hereby name, constitute and appoint, ____ _ Britton Christiansen; Myrna Smith; Philip E. Vega; Kevin E. Vega all of the city of Covina state of Cal ifomia each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surely obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 15th day of August , --1Ql2._
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
~ wb2~~•Y 1
m By: z -~
c David M. Carey, Assistant Secretary ..5
...,;- ~ State of PENNSYLVANIA >- ·- 11:1 SS C ~ ::::, County of MONTGOMERY ro ~~ C u m On this 15th day of August , 20 19 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance o o ..:! Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes = ~ 2 ~ therein contained by signing on behalf of the corporations by himself as a duly authorized officer. r3 LU -ro >-E ~ ::::, IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. ~ a. c~ o0
11:100 =~ _Q ~ COMMONWEALTH OF PENNSYLVANIA <( sq-
'- Notarial Seal 6' /) ~ "'O ai O Teresa Pastet1a, Notary Public f// ✓ ~ . ~ _ \ ~ O ; 0 $ Upper Merion Twp., Monlgomery Counly By: ----1-~------~--------------I ~ E c_ ~ My Commission Expires March 28, 2021 Teresa Pastella, Notary Public i!j ro Q) ..., Member. Pennsytvania Association of Notar1es Q.. o ~ID ~a .g> 2 This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual £ ~ o -~ Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: o al ~ 2 ARTICLE IV - OFFICERS: Section 12. Power of Attorney. i l .E ~ Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the ~ i :g i:j' President may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety > o ro c any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall ~ c:!i ;: ~ have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such -E CC? 0~ N z i3 instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the ~ <"'> provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. S ~ ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings. 0 co Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, I-.,!. shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary.
Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys-infact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations.
Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed.
I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this I ST day of SEPTEMBER , ~ - By: -L~~~~~---,--,--,..,,----,--------- //~~
Renee C. Llewellyn, Assistant Secretary
LMS-12873 LMIC OCIC WAIC Multi Co_062018
DocuSign Envelope ID: C1A9B8EB-479C-48C0-8FA7-F9BE0F92AA6C ...
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of LOS ANGELES
On __ S_c_P_0_1 _2_0ll ____ before me, ____ K_e_v_in_E_d_w_a_r_d_V_e_g_a,_N_o_t_a_ry_P_u_b_li_c ____ _ Date Here Insert Name and Title of the Officer
personally appeared __ B_rit_to_n_C_h_ri_st_ia_ns_e_n_, A_t_to_rn_e.;..y-_in_-F_a_ct __________________ _ Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person\'Sl._ whose name~ is/are subscribed to the within instrument and acknowledged to me that he/9R2/th-81/ executed the same in his/her/thGir authorized capacity(tes). and that by his/hei=/thei4: signature~ on the instrument the person~l, or the entity upon behalf of which the person~ acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.
........ f
KEVIN EDWARD VEGA
Notary Public - Ca iifornia
Los Angeles County !
Commission# 2326181 -
y Comm . Expires Apr 29. 2024
Place Notary Seal Above
----------------OPTIONAL----------------
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: _____________ Document Date: _______ _ Number of Pages: ___ Signer(s) Other Than Named Above: ____________ _ Capacity{ies) Claimed by Signer{s)
Signer's Name: ____________ _ Signer's Name: ____________ _ □ Corporate Officer - Title(s): ______ _ □ Corporate Officer - Title{s): ______ _ □ Partner - □ Limited □ General □ Partner - □ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator Other: ______________ _ □ Other: _____________ _
Signer Is Representing: _________ _ Signer Is Representing: _________ _ ~"l'?,(;,~~~~~~~
©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 DocuSign Envelope ID: C1A9B8EB-479C-48C0-8FA7-F9BE0F92AA6C 18 | Page CIP 2295-16 – Measure K-14 Street Rehabilitation and Repair Project
PROJECT REFERENCES
Agency/Customer Name & ContactIndividual
Telephone Number
Street Address, City, State, ZipCode
Is this similar to the project being
bid?
Yes □ No □
Describe the services provided and how this project is
similar to that which is being bid:
Date project completed:
Was this contract for a public
agency?
Yes □ No □
Agency/Customer Name & ContactIndividual
Telephone Number
Street Address, City, State, ZipCode
Is this similar to the project being
bid?
Yes □ No □
Describe the services provided and how this project is
similar to that which is being bid:
Date project completed:
Was this contract for a public
agency?
Yes □ No □
Agency/Customer Name & ContactIndividual
Telephone Number
Street Address, City, State, ZipCode
Is this similar to the project being
bid?
Yes □ No □
Describe the services provided and how this project is
similar to that which is being bid:
Date project completed:
Was this contract for a public
agency?
Yes □ No □
DocuSign Envelope ID: C1A9B8EB-479C-48C0-8FA7-F9BE0F92AA6C The J. F. Will Company, Inc.
Project References:
Project:
Orcutt Union Plaza
201 South Broadway
Orcutt, CA 93455
General Contractor or Owner
J. W. Design & Construction, Inc.
3536 Sueldo Street
San Luis Obispo, CA 93406
Attn: Chris Will (805) 714-9025
Scope: Demolition, Earthwork, Utilities, Site Concrete, Asphalt Paving Marian Medical Center Catholic Healthcare West
Hospital Expansion 1400 East Church Street
1400 East Church Street Santa Maria, CA 93454
Santa Maria, CA 93454 Attn: Dennis Daniel Hospital Operations Scope: Grading, Underground Utilities, Asphalt Paving
Tajiguas Ranch
Lot H & Lot X
14000 Calle Real
Gaviota, CA 93117
Kitchell Custom Homes
PO Box 813
Santa Barbara, CA 93067
Attn: Chad Burgoyne (805) 705-2953
(805) 739-3000
Scope: Grading, Underground Utilities, Concrete, Asphalt Paving Boni-Pak
1830 W. Stowell Road
Santa Maria, CA 93454
J. W. Design & Construction, Inc.
3536 Sueldo Street
San Luis Obispo, CA 93406
Attn: Jerry Williams (805) 544-3130
Scope: Demolition, Underground Utilities, Concrete, Grading/Paving FUR
6769 Hollister Avenue
Goleta, CA 93117
Frank Schipper Construction
610 E. Cota Street
Santa Barbara, CA 93103
Attn: Phil Orr (805) 963-9602
Scope: Underground Utilities, Concrete Structures, Asphalt Paving Enos Ranch Project
Bradley Road
J. W. Design & Construction, Inc.
3536 Sueldo Street
Santa Maria, CA 93454 San Luis Obispo, CA 93406
City of Santa Maria
Various Concrete
Improvements
Attn: Jerry Williams {805) 544-3130
Scope: Demolition, Earthwork, Utilities, Site Concrete, Asphalt Paving City of Santa Maria Public Works
110 Pine Street
Santa Maria, CA 93454
Attn: David Beas (805) 925-0951
Scope: Misc Concrete Curb/Gutter/Sidewalk/Road Improvements Exhibit #: 5.01
Contract Amount
$1,972,000
2009-2010
$4,320,000
2008-2013
$3,525,000
2011-2014
$1,900,000
2013-2015
$2,300,000
2014-2015
$1,236,000
2016-2017
$271,000
2021
DocuSign Envelope ID: C1A9B8EB-479C-48C0-8FA7-F9BE0F92AA6C City of Santa Maria City of Santa Maria Public Works
Solomon Summit Project 110 Pine Street
Exit 161 Hwy 101 Santa Maria, CA 93454
Southbound Attn: Eric Riddiough (805) 925-0951
Scope: Demolition, Earthwork, Storm Drainage, Site Concrete, Asphalt Paving County of Santa Barbara
East Stowell Road Ditch
County of Santa Barbara Public Works Department
620 West Foster Road
Santa Maria, CA 93455
Attn: Walter Rubalcava
Scope: Excavation, Concrete, Guard Rail, Traffic Control City of Grover Beach
Train Station Expansion
Highway 1 & Grand Av
City of Grover Beach
154 S. 8th Street
Grover Beach, CA 93433
Attn: Greg Ray PW Director/City Engineer {805) 473-4530 Scope: Earthwork, Utilities, Site Concrete, Asphalt Paving, Masonry, Traffic Nipomo Oaks Assisted
Living Facility
Scope:
Control
Quiring Corporation
5118 E. Clinton Way, Suite 201
Fresno, CA 93727
Attn: Brad Anderson (805) 431-0578
Earthwork, Utilities, Site Concrete, Asphalt Paving, Masonry, Traffic Control County of Santa Barbara County of Santa Barbara Public Works Department Blanket PO for various 620 West Foster Road
jobs around County Santa Maria, CA 93455
Attn: Waite Rubalcava
Scope: Miscellaneous Concrete and Road Improvements
Betteravia Plaza - ZDI ZDI
16509 Saticoy St
Van Nuys, CA 91406
Attn: Stephen Zimmerman 818-787-1916
Scope: Earthwork, Utilities, Site Concrete, Asphalt Paving, Masonry, Traffic Signal, Street lights
$1,318,226
2017-2018
$491,720
2017
$2,267,354
2018-2019
$1,648,000
2017-2018
$250,000
2014-2015
$7,492,000
2020-2021
DocuSign Envelope ID: C1A9B8EB-479C-48C0-8FA7-F9BE0F92AA6C 19 | Page CIP 2295-16 – Measure K-14 Street Rehabilitation and Repair Project
CONTRACT FORMS
CONTRACT FORMS shall include the following:
GUARANTY to the City of Grover Beach
CONTRACT, including the completed CONTRACT QUANTITIES and Total Contract Amount PERFORMANCE BOND (form provided by Contractor)
PAYMENT BOND (form provided by Contractor)
Insurance Certificate(s) and Endorsement(s) (form provided by Contractor) DocuSign Envelope ID: C1A9B8EB-479C-48C0-8FA7-F9BE0F92AA6C 20 | Page CIP 2295-16 – Measure K-14 Street Rehabilitation and Repair Project (This guaranty shall be executed by the Successful Bidder in accordance with the instructions in the Special Provisions. The Bidder may execute the guaranty on this page at the time of submitting his bid).
GUARANTY
To The City of Grover Beach
for
MEASURE K-14 STREET REHABILITATION AND REPAIR PROJECT, CIP 2295-16 MEASURE K-14 STREET REHABILITATION AND REPAIR PROJECT, CIP 2295-16 • N. 2ND STREET, SARATOGA AVENUE TO NEWPORT AVENUE & ATLANTIC CITY TO PARK VIEW • N. 2ND STREET, ATLANTIC CITY TO PARK VIEW
• FRONT STREET, NEWPORT AVENUE TO PARK VIEW AVENUE
• RAMONA AVENUE, N. 10TH STREET TO N. 14TH STREET
• SARATOGA AVENUE, FRONT STREET TO N. 8TH STREET
• BECKETT AVENUE, BRIGHTON AVENUE TO NEWPORT AVENUE
THE UNDERSIGNED guarantees the construction and installation of all work performed under this Contract.
SHOULD any of the material or equipment prove defective or should the Work as a whole prove defective, due to faulty workmanship, material furnished or methods of installation, or should the Work or any part thereof fail to operate properly as originally intended and in accordance with the plans and specifications, due to any of the above causes, all within twelve (12) months after the date on which this Contract is accepted by the City of Grover Beach, the undersigned agrees to reimburse the City of Grover Beach, upon demand, for its expenses incurred in restoring said Work to the condition contemplated in said project, including the cost of removing and replacing any other Work necessary to make such replacement or repairs, or, upon demand by the City of Grover Beach, to replace any such material and to repair said Work completely without cost to the City of Grover Beach so that said Work will function successfully as originally contemplated.
THE CITY OF GROVER BEACH shall have the unqualified option to make any needed replacements or repairs itself or to have such replacements or repairs done by the undersigned. In the event the City elects to have said Work performed by the undersigned, the undersigned agrees that the repairs shall be made and such materials as are necessary shall be furnished and installed within a reasonable time after the receipt of demand from the City. If the undersigned shall fail or refuse to comply with its obligations under this guaranty, the City of Grover Beach shall be entitled to all costs and expenses, including attorneys' fees, reasonably incurred by reason of said failure or refusal.
Date: ________________________ _______________________________________
CONTRACTOR
DocuSign Envelope ID: C1A9B8EB-479C-48C0-8FA7-F9BE0F92AA6C 21 | Page CIP 2295-16 – Measure K-14 Street Rehabilitation and Repair Project The City of Grover Beach
STATE OF CALIFORNIA
- - - - - - - - - - - - - - - - - -
CONTRACT
for
MEASURE K-14 STREET REHABILITATION AND REPAIR PROJECT, CIP 2295-16 MEASURE K-14 STREET REHABILITATION AND REPAIR PROJECT, CIP 2295-16 • N. 2ND STREET, SARATOGA AVENUE TO NEWPORT AVENUE & ATLANTIC CITY TO PARK VIEW • N. 2ND STREET, ATLANTIC CITY TO PARK VIEW
• FRONT STREET, NEWPORT AVENUE TO PARK VIEW AVENUE
• RAMONA AVENUE, N. 10TH STREET TO N. 14TH STREET
• SARATOGA AVENUE, FRONT STREET TO N. 8TH STREET
• BECKETT AVENUE, BRIGHTON AVENUE TO NEWPORT AVENUE
THIS AGREEMENT, made and concluded, in triplicate, this 23rd day of October 2023, between the CITY OF GROVER BEACH, party of the first part, and, J.F. Will Company, Inc., Contractor, party of the second part.
ARTICLE I. -- WITNESSETH, That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the said party of the first part, the said party of the second part agrees with the said party of the first part, at his own proper cost and expense, to do all the work and furnish all the materials, except such as are mentioned in the specifications to be furnished by said party of the first part, to construct this project in accordance with the State of California Department of Transportation Standard Specifications dated 2010, except as modified by these Special Provisions, the Construction Drawings, the City of Grover Beach Standard Drawings and the Contract annexed hereto. In the absence of specific standards referenced in the foregoing, water system work and materials shall comply with AWWA Standards. Labor Surcharges and the Equipment Rental Rates and General Prevailing Wage Rates of the STATE OF CALIFORNIA, Business and Transportation Agency, Department of Transportation shall apply to all work except as modified herein. All other provisions of the Notice to Bidders, Special Provisions Proposal and Contract for the MEASURE K-14 STREET REHABILITATION AND REPAIR PROJECT, CIP 2295-16, PORTIONS OF: N. 2ND STREET, BECKETT AVENUE, FRONT STREET, RAMONA AVENUE AND SARATOGA AVENUE (herein also referred to as “the project”), are hereby specially and incorporated by reference.
ARTICLE II. -- The said party of the first part hereby promises and agrees with the said Contractor to employ, and does hereby employ, the said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the prices, hereinafter set forth and hereby contracts to pay the same at the time, in the manner and upon the Conditions herein set forth; and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained.
ARTICLE III. -- The statement of prevailing wages as determined by the Director of Industrial Relations of the State of California pursuant to California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773 and 1773.1 and which is filed at the principal office of the said party of the first part in accordance with the requirements of Section 1773.2 of said Code is hereby specifically referred to and by this reference is made a part of this Contract. 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 an acceptance of the said terms of said proposal conflicting herewith.
DocuSign Envelope ID: C1A9B8EB-479C-48C0-8FA7-F9BE0F92AA6C 22 | Page CIP 2295-16 – Measure K-14 Street Rehabilitation and Repair Project ARTICLE IV. -- By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 1725.5 of the Labor Code requiring every contractor and subcontractor, awarded work on this project, be registered with the Department of Industrial Relations and as such is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
ARTICLE V. -- By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workmen's compensation or to undertake self insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work of this Contract.
ARTICLE VI. -- And the said Contractor agrees to receive and accept the following prices as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this Contract; also for all loss or damage, arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the Work until its acceptance by the said party of the first part and for all risks of every description connected with the Work, also for all expenses incurred by or in consequence of the suspension or discontinuance of Work and for well and faithfully completing the Work, and the whole thereof, in the manner and according to the plans and specifications, and the requirements of the Engineer under them, to wit:
DocuSign Envelope ID: C1A9B8EB-479C-48C0-8FA7-F9BE0F92AA6C
BID QUANTITIES
for the
MEASURE K-14 STREET REHABILITATION AND REPAIR PROJECT, CIP 2295-16 N. 2ND STREET, SARATOGA AVENUE TO NEWPORT AVENUE & ATLANTIC CITY TO PARK VIEW N. 2ND STREET, ATLANTIC CITY TO PARK VIEW
FRONT STREET, NEWPORT AVENUE TO PARK VIEW AVENUE
RAMONA AVENUE, N. 10TH STREET TO N. 14TH STREET
SARATOGA AVENUE, FRONT STREET TO N. 8TH STREET
BECKETT AVENUE, BRIGHTON AVENUE TO NEWPORT AVENUE
UNIT
APPROX.
QTY
UNIT PRICE
TOTAL ITEM
PRICE
1 LS 1 104,545.00 104,545.00
2 LS 1 18,985.00 18,985.00
3 LS 1 2,500.00 2,500.00
4 LS 1 1,500.00 1,500.00
5 LS 1 44,525.00 44,525.00
6 EA 2 4,100.00 8,200.00
7 LS 1 7,500.00 7,500.00
8 LS 1 4,525.00 4,525.00
9 LS 1 9,500.00 9,500.00
10 F CY 5,500 16.00 88,000.00
11 TON 4,600 173.80 799,480.00
12 CY 3,350 44.00 147,400.00
13 SF 2,100 13.31 27,951.00
14 LF 2,050 13.09 26,834.50
15 LF 220 13.09 2,879.80
16 SF 320 39.90 12,768.00
17 SF 4,850 40.00 194,000.00
18 SF 1,400 20.00 28,000.00
19 LF 210 85.00 17,850.00
20 SF 1,350 65.00 87,750.00
Concrete Curb Ramp
Concrete Sidewalk
Concrete Curb & Gutter
Concrete Cross Gutter & Spandrel
Hot Mix Asphalt
Class 2 Aggregate Base
Hot Mix Asphalt (Driveways and Misc. Areas)
Hot Mix Asphalt Dike (Type A)
Hot Mix Asphalt Dike (Type E)
Decorative Stamped Asphalt
Traffic Control Systems
Portable Changeable Message Sign
Public Notifications
Clearing and Grubbing
Repair Landscape and Irrigation
Roadway Excavation
ITEM
NO.
ITEM DESCRIPTION
Mobilization
Construction Surveying
Survey Monument Preservation
Water Pollution Control Program
BASE
BID
DocuSign Envelope ID: C1A9B8EB-479C-48C0-8FA7-F9BE0F92AA6C
BID QUANTITIES
for the
MEASURE K-14 STREET REHABILITATION AND REPAIR PROJECT, CIP 2295-16 N. 2ND STREET, SARATOGA AVENUE TO NEWPORT AVENUE & ATLANTIC CITY TO PARK VIEW N. 2ND STREET, ATLANTIC CITY TO PARK VIEW
FRONT STREET, NEWPORT AVENUE TO PARK VIEW AVENUE
RAMONA AVENUE, N. 10TH STREET TO N. 14TH STREET
SARATOGA AVENUE, FRONT STREET TO N. 8TH STREET
BECKETT AVENUE, BRIGHTON AVENUE TO NEWPORT AVENUE
UNIT
APPROX.
QTY UNIT PRICE
TOTAL ITEM
PRICE
21 SF 2,500 38.00 95,000.00
22 LF 50 75.00 3,750.00
23 EA 2 9,500.00 19,000.00
24 EA 4 3,800.00 15,200.00
25 EA 11 525.00 5,775.00
26 EA 5 525.00 2,625.00
27 EA 65 525.00 34,125.00
28 EA 1 525.00 525.00
29 EA 1 4,500.00 4,500.00
30 EA 11 1,500.00 16,500.00
31 EA 12 450.00 5,400.00
32 EA 17 575.00 9,775.00
33 EA 6 325.00 1,950.00
34 SF 1,100 9.90 10,890.00
35 LF 120 1.75 210.00
36 EA 12 21.50 258.00
TOTAL BASE BID $ 1,860,176.30
Install Fire Hydrant Concrete Pad
Reset Mailbox
Reset One-Post Sign
Thermoplastic Pavement Markings (Limit lines,
crosswalks, and word markings)
Paint Red Curb
Blue Retroreflective Pavement Markers
Adjust Manhole to Finish Surface
Adjust Sewer Cleanout to Finish Surface
Adjust Water Valve Cover to Finish Surface
Adjust Gas Valve Cover to Finish Surface
Relocate Fire Hydrant
Install Fire Hydrant Breakaway Spool
ITEM
NO. ITEM DESCRIPTION
Concrete Driveway
Concrete Curb
Install New 10" Water Valve
Relocate Water Service
BASE
BID
DocuSign Envelope ID: C1A9B8EB-479C-48C0-8FA7-F9BE0F92AA6C
BID QUANTITIES
for the
MEASURE K-14 STREET REHABILITATION AND REPAIR PROJECT, CIP 2295-16 N. 2ND STREET, SARATOGA AVENUE TO NEWPORT AVENUE & ATLANTIC CITY TO PARK VIEW N. 2ND STREET, ATLANTIC CITY TO PARK VIEW
FRONT STREET, NEWPORT AVENUE TO PARK VIEW AVENUE
RAMONA AVENUE, N. 10TH STREET TO N. 14TH STREET
SARATOGA AVENUE, FRONT STREET TO N. 8TH STREET
BECKETT AVENUE, BRIGHTON AVENUE TO NEWPORT AVENUE
TOTAL BASE BID AMOUNT:
$1,860,176.30
(In Figures)
One Million Eight Hundred Sixty Thousand One Hundred Seventy-Six Dollars and Thirty Cents (In Words)
Bid amount of each of the above bid items must be filled in and completed in ink. In the event of a conflict between numbers given in figures and in words, the words shall control. In the event of a conflict between a unit price and the extended price, the unit price correctly multiplied by the estimated quantity shall be used in calculating the total bid.
DocuSign Envelope ID: C1A9B8EB-479C-48C0-8FA7-F9BE0F92AA6C 24 | Page CIP 2295-16 – Measure K-14 Street Rehabilitation and Repair Project IN WITNESS WHEREOF, The parties to these presents have hereunto set their hands the year and date first above written.
The City of Grover Beach
STATE OF CALIFORNIA
_______________________________________
Karen Bright, Mayor Date
ATTEST:
________________________________________
Wendi Sims, City Clerk Date
APPROVED AS TO FORM:
________________________________________
David Hale, City Attorney Date
CONTRACTOR:
_______________________________________
John Will, President
J.F. Will Company, Inc.
Licensed in accordance with an act providing for the registration of contractors, License No. ____ ________________________
California Department of Industrial Relations (DIR),
Registration No. ___________________________________
_______________________________________
Date
DocuSign Envelope ID: C1A9B8EB-479C-48C0-8FA7-F9BE0F92AA6C 10/19/2023
793282
1000001294
25 | P a g e CIP 2295-16 – Measure K-14 Street Rehabilitation and Repair Project City of Grover Beach
STATE OF CALIFORNIA
- - - - - - - - - - - - - - - - - -
SPECIAL PROVISIONS
for
MEASURE K-14 STREET REHABILITATION AND REPAIR PROJECT, CIP 2295-16 • N. 2ND STREET, SARATOGA AVENUE TO NEWPORT AVENUE & ATLANTIC CITY TO PARK VIEW • N. 2ND STREET, ATLANTIC CITY TO PARK VIEW
• FRONT STREET, NEWPORT AVENUE TO PARK VIEW AVENUE
• RAMONA AVENUE, N. 10TH STREET TO N. 14TH STREET
• SARATOGA AVENUE, FRONT STREET TO N. 8TH STREET
• BECKETT AVENUE, BRIGHTON AVENUE TO NEWPORT AVENUE
SECTION 1. SPECIFICATIONS AND PLANS
1.01 GENERAL
The Work embraced herein shall be done in accordance with the State of California Department of Transportation Standard Specifications dated 2010, except as modified by these Special Provisions, the Construction Drawings, the City of Grover Beach Standard Drawings and the Contract annexed hereto. In the absence of specific standards referenced in the foregoing, water system work and materials shall comply with AWWA Standards. Labor Surcharges and the Equipment Rental Rates and General Prevailing Wage Rates of the STATE OF CALIFORNIA, Business and Transportation Agency, Department of Transportation shall apply to all work except as modified herein.
The State Standard Specifications are hereby amended, such that, any reference to mandatory use of the International System of Units (SI) (Metric Units), is understood to allow use of United States Standard Measurers (English Units), as directed by the Engineer.
In case of conflict between the Construction Drawings, the Standards of the City of Grover Beach, the Standard Specifications, and these Special Provisions, these Special Provisions shall take precedence over and be used in lieu of such conflicting portions after which the Construction Drawings shall take precedence over and be used in lieu of the Standard Specifications and the Standards of the City of Grover Beach.
In the case of a conflict between the construction plans and the Estimated Item Quantities portion of this document, the construction plans shall take precedence over and be used in lieu of such conflicting portions.
1.02 DEFINITIONS AND TERMS
Abbreviations and terms, or pronouns in place of them, as used in the specifications and other contract documents, shall have the meaning specified in Section 1, "General", of the Standard Specifications or as modified hereinafter in Sections 1.03 and 1.04 of these Special Provisions.
1.03 ABBREVIATIONS ON THE DRAWINGS
Wherever on the drawings the following abbreviations are used, they shall be understood to mean the following:
Drawing Abbreviations and their Meanings
ABAND, ABAND’D – Abandon, Abandoned
ABS – Acrylonitrile-Butadiene-Styrene (pipe)
AC – Asphalt Concrete
ACP – Asbestos Cement Pipe
ALUM – Aluminum
APPD – Approved
AV, Air-Vac – Air-Vacuum and Air Release Valve
DocuSign Envelope ID: C1A9B8EB-479C-48C0-8FA7-F9BE0F92AA6C 26 | P a g e CIP 2295-16 – Measure K-14 Street Rehabilitation and Repair Project BC – Begin Curve, Bolt Circle or Between
Centers
BCR – Begin Curve Return
BM – Beam or Bench Mark
BNDY – Boundary
BO – Blowoff Assembly
BR – Brass
BV – Butterfly Valve
BVC – Begin Vertical Curve
CAP – Capacity
CB – Concrete Block
CC – Center to Center
CFM – Cubic Feet per Minute
CFS – Cubic Feet per Second
C&G – Curb and Gutter
CIP – Cast Iron Pipe or Capital Improvement
Project
CL – Chain Link, Clearance, Centerline, or Class
CMP – Corrugated Metal Pipe
CO – Cleanout
COMM - Communication
COMP – Compaction
CONC – Concrete or Concentric
COND – Conduit or Condition
CONSTR – Construction or Construct
CONT – Continued or Continuous
CONTR – Contractor
COR – Corner
COTG – Cleanout to Grade
CPLG – Coupling
CU – Copper or Cubic
CY – Cubic Yard
DIP – Ductile Iron Pipe
DIA – Diameter
DWG – Drawing
E – East or Electric
EA – Each
EBR – End Berm Return
EC – End Curve
ECC – Eccentric
ECR – End Curb Return
EFF – Effluent or Efficiency
EGL – Energy Grade Line
EL, ELEV – Elevation
ELEC – Electrical or Electronic
ELL – Elbow
= - Equal
EQIP – Equipment
ESM’T – Easement
EVC – End Vertical Curve
EX, EXIST – Existing
EXT – Exterior
FB – Flat Bar, Floor Beam or Field Book
F&C – Frame and Cover
FG – Finished Grade or Finished Ground
FH – Fire Hydrant
FIG – Figure
FL – Flowline
FLG – Flange
FLGD – Flanged
FLR – Floor
FM – Force Main (sewer)
FO – Fiber Optic
FP – Finished Pavement
FS – Finished Surface
FT – Feet or Foot
FTG – Footing
FUT – Future
G – Gas
GA – Gage or Gauge
GAL – Gallon
GALV – Galvanized
GIP – Galvanized Iron Pipe
GPM – Gallons per Minute
GRD – Grade or Ground
GB, GB BRK – Grade Break or Grade Change
> - Greater Than
> - Greater Than or Equal To
GV – Gate Valve
HB – Hose Bib
HCS – House Connection Sewer
HDPE – High Density Polyethylene (pipe)
HDR – Header
HGL – Hydraulic Grade Line
HLS – House Lateral Sewer
HORIZ – Horizontal
HP – Horsepower or High Point
HYD – Hydraulic or Hydrant
ID – Inside Diameter
IN – Inch or Inches
INFL – Influent
INV – Invert
INV EL – Invert Elevation
IP – Iron Pipe
IPS – Iron Pipe Size
IRRIG – Irrigation
JP – Joint Pole or Joint Pipe
JT – Joint
KW – Kilowatt
DocuSign Envelope ID: C1A9B8EB-479C-48C0-8FA7-F9BE0F92AA6C 27 | P a g e CIP 2295-16 – Measure K-14 Street Rehabilitation and Repair Project KWH – Kilowatt Hour
L – Liter
LB, # – Pound
LF – Linear Feet
LT – Left
< - Less Than
< - Less Than or Equal To
M – Meter
MAX – Maximum
MB – Mailbox
MEC JT, MJ – Mechanical Joint
MEE – Machined Each End
MFR – Manufacturer
MFR’D – Manufactured
MGD – Million Galls per Day
MH – Manhole
MIN – Minimum
MISC – Miscellaneous
MOA – Machined Over All
MTD – Mounted
N – North
NC – Normally Closed
NO – Number or Normally Open
# - Number or Pound
NPS – Nominal Pipe Size (formerly IPS)
NPT – National Pipe Thread
NRS – Non-Rising Stem
NTS – Not to Scale
OC – On Center
OD – Outside Diameter
O/H or OH - Overhead
OS&Y – Outside Screw and Yoke
OZ – Ounce
P – Pole
PCC – Portland Cement Concrete
PE – Plain End or Polyethylene
PIP – Protect-in-Place
PL – Plate, Property Line or Place
PP – Power Pole
PPM – Parts per Million
PRESS – Pressure
PROD – Products
PROP’Y – Property
PSF – Pounds per Square Foot
PSI – Pounds per Square Inch
PSIG – Pound per Square Inch Gauge
PTDF – Pressure Treated Douglas Fir
PVC – Polyvinyl Chloride (pipe)
PVMT – Pavement
R – Radius, Riser or Return, Rate of Slope
RAD – Radial
RC – Reinforced Concrete
RCP – Reinforced Concrete Pipe
RD – Road or Round
RDWD – Redwood
RED – Reducer
REINF – Reinforcing or Reinforced
REL COMP – Relative Compaction
RE-STL, REBAR – Reinforcing Steel
REQD, REQ’D – Required
RESTR’D – Restrained
RET WL – Retaining Wall
REV – Revision
RPM – Revolutions per Minute or Reinforced
Plastic Mortar Pipe
RS – Resilient Seated
RT – Right
R/W, ROW – Right-of-Way
S – South or Sewer
S X S – Slip by Slip or Socket by Socket
S X T – Slip by Thread or Socket by Thread
SCR’D – Screwed
SCH – Schedule
SD – Storm Drain
SECT – Selection or Select
SF – Square Feet
SHT – Sheet
SM – Survey Monument
SPECS – Specifications
SPEC PROV – Special Provisions
SQ – Square
SS – Sanitary Sewer
STA – Station
STD – Standard
STL – Steel
STN – Stainless
STRUCT – Structural or Structure
SW – Sidewalk
SY – Square Yard
SYM – Symmetrical or Symbol
T – Thermostat, Tangent or Telephone
T X T – Thread by Thread
TB – Thrust Block or Top of Bank
TBM – Temporary Bench Mark
TC – Top of Curb
TEMP – Temporary
TH – Thick or Thickness
THR’D – Threaded
TM – Telemetry
TP – Telephone Pole or Turning Point
DocuSign Envelope ID: C1A9B8EB-479C-48C0-8FA7-F9BE0F92AA6C 28 | P a g e CIP 2295-16 – Measure K-14 Street Rehabilitation and Repair Project TRANS – Transition or Transmitter
TS – Toe of Slope
TV – Television Cable
TW, TOW – Top of Wall
TYP – Typical
T&G – Tongue and Grove
UG – Underground
V – Valve, Volt or Volume
VAR – Varies or Variable
VCP – Vitrified Clay Pipe
VERT – Vertical
VOL – Volume
W – West, Watt or Water
W/ - With
WL – Water Line or Water Level
WM – Water Meter
WS – Water Surface, Water Service
WSEL – Water Surface Elevation
WT – Weight
WV – Water Valve, Water Valve Box
WWM – Welded Wire Mesh
X – By or Times
XS – Extra Strong
YD – Yard
DocuSign Envelope ID: C1A9B8EB-479C-48C0-8FA7-F9BE0F92AA6C 29 | P a g e CIP 2295-16 – Measure K-14 Street Rehabilitation and Repair Project
1.04 TERMS IN THE STANDARD SPECIFICATIONS
Wherever in the Standard Specifications the following terms, or pronouns in place of them, are used, they shall be understood to mean the following:
DEPARTMENT OF TRANSPORTATION, or DEPARTMENT. - The City of Grover Beach.
DIRECTOR OF TRANSPORTATION, or DIRECTOR. - The Public Works Director/City Engineer acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties delegated to them.
ENGINEER. - The Public Works Director/City Engineer acting either directly or through properly authorized agent(s), such agent(s) acting within the scope of the particular duties delegated to them.
CONSTRUCTION MANAGER including their sub-consultant, is the authorized agent serving the City as ENGINEER.
ENGINEER'S ESTIMATE. - The list of estimated quantities of Work to be performed as contained in the proposal.
HIGHWAY.- The entire right-of-way, easement or property which is secured for use in constructing the improvements for this project.
STATE. - The City of Grover Beach.
STATE AGENCIES. - Whenever, in the Standard Specifications, reference is made to any STATE agency or officer, such reference shall be deemed made to any agency or officer whether STATE, County, City or Services City succeeding in accordance with law or local ordinance to the powers, duties, jurisdiction and authority of the agency or officer mentioned.
1.05 TERMS IN THESE SPECIAL PROVISIONS
Wherever in these Notice to Bidders, Special Provisions, Proposal, and Contract the following abbreviations and terms, or pronouns in place of them, are used, the intent and meaning shall be interpreted as provided in this section.
CITY. - The City of Grover Beach, and its authorized agent(s).
CITY CLERK, OR CLERK. - The Clerk of the City of Grover Beach as appointed by the City Council in accordance with the law.
CITY COUNCIL. - The legislative body of the City of Grover Beach as created by law.
CITY ENGINEER - The Public Works Director/City Engineer acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties delegated to them.
ENGINEER, ENGINEER’S ESTIMATE and HIGHWAY. - The same as defined in Section 1.04, above, of these Special Provisions.
DEPARTMENT OF PUBLIC WORKS, or DEPARTMENT. - The Department of Public Works of the City of Grover Beach.
DESIGN ENGINEER. – The City of Grover Beach, and its agent(s). Rick Engineering, is the authorized agent serving the City as the DESIGN ENGINEER.
OWNER. - The City of Grover Beach.
PLANS. – Plans include the Construction Drawings and details prepared by the Design Engineer and any Standard Drawings referenced therein and the terms may be used interchangeably. For bidding DocuSign Envelope ID: C1A9B8EB-479C-48C0-8FA7-F9BE0F92AA6C 30 | P a g e CIP 2295-16 – Measure K-14 Street Rehabilitation and Repair Project purposes, the Plans marked Bid Set shall be used as the basis for forming all bids. The Plans marked Conformed Set and approved by the City Engineer will be used as the basis for construction of all Work specified herein.
PROJECT ENGINEER. - The Public Works Director/City Engineer/CIP Manager acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties delegated to them.
STATE AGENCIES. - Same as in Section 1.04 of these Special Provisions.
DocuSign Envelope ID: C1A9B8EB-479C-48C0-8FA7-F9BE0F92AA6C 31 | P a g e CIP 2295-16 – Measure K-14 Street Rehabilitation and Repair Project SECTION 2. PROPOSAL REQUIREMENTS AND CONDITIONS
2.01 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 and the submission of the bid.
In addition to the subcontractors required to be listed in conformance with Section 2-1.33C, “Subcontractor List,” of the Standard Specifications, each proposal shall have listed therein the portion of Work that will be done by each subcontractor listed. A sheet for the listing of the subcontractors is included in the Proposal.
The bidder's bond shall conform to the bond form in the Proposal for the project and shall be properly filled out and executed. The bidder’s bond form included in the proposal may be used.
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.
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 Title 49 CFR (Code of Federal Regulations) part 26 in the award and administration of US DOT assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy, as the recipient deems appropriate. Each subcontract signed by the Bidder must include this assurance.
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 a future public works contracts.
2.02 EXAMINATION OF PLANS, SPECIFICATIONS, CONTRACT AND SITE OF WORK The Bidder shall examine carefully the sites of the Work contemplated, the plans, the specifications, and the proposal and contract forms therefore.
The submission of a bid shall be conclusive evidence that the Bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, the quality, and scope of work to be performed, the quantities of materials to be furnished, and as to the requirements of the proposal, plans, specifications and the contract.
The plans will govern for bidding purposes in the event the bid quantities conflict with the plans.
2.03 APPROXIMATE ESTIMATE
The quantities given in the proposal and contract are approximate only, being given as a basis for the comparison of bids. The City does not, expressly or by implication, agree that the actual amount of work will correspond therewith, and 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. Bids are required for the entire Work described herein.
2.04 REJECTION OF PROPOSALS
Proposals may be rejected if they show any alterations of form, incomplete bids, erasures or irregularities of any kind. A complete bid shall include the following documents:
NOTICE TO BIDDERS
PROPOSAL
BID INFORMATION AND BID QUANTITIES
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
DocuSign Envelope ID: C1A9B8EB-479C-48C0-8FA7-F9BE0F92AA6C 32 | P a g e CIP 2295-16 – Measure K-14 Street Rehabilitation and Repair Project
NONCOLLUSION AFFIDAVIT
DEBARMENT AND SUSPENSION CERTIFICATION
LIST OF SUBCONTRACTORS
QUESTIONNAIRE
BID FORM
BIDDER’S BOND
To avoid bid protests and bid rejections, bidders are reminded to include the following information in all bids to California Public Agencies:
1) Contractor’s license number
2) Expiration date of Contractor’s license
3) The following statement: “The Contractor’s license number and expiration date stated herein are made under penalty of perjury”.
NOTE: The form titled “Bid Form” attached hereto requires the above information.
The right is reserved to reject any and all proposals.
2.05 BIDDER'S BOND
All bids shall be presented under sealed cover, marked "BID" and shall be accompanied by cash, cashier's check, or bidder's bond, made payable to the City of Grover Beach for an amount equal to ten percent (10%) of the amount of said base bid, and no bid shall be considered unless such cash, cashier's check, or bidder's bond is enclosed therewith.
2.06 COMPETENCY OF BIDDERS
The City of Grover Beach reserves the right to be the sole judge as to the competence of any bidder to perform the Work under this Contract. Said City may reject the proposal of any bidder for lack of financial ability or experience in performing the Work under this Contract. The Bidder’s attention is directed to the Notice to Bidders that identifies that any bidder may be required to furnish a sworn statement of their financial responsibility, technical ability, and experience.
2.07 RELIEF OF BIDDERS
Attention is directed to the provisions of Public Contracts Code, Sections 10200 to 10205, inclusive, (STATE CONTRACT ACT), concerning relief of bidders and in particular to the requirement therein, that if the Bidder claims a mistake was made in his bid, the Bidder shall give the City written notice within five (5) days after the opening of the bids of the alleged mistake, specifying in the notice in detail how the mistake occurred.
2.08 BID PROTESTS
Bid protests are to be delivered to the following address: City of Grover Beach Department of Public Works, 154 S. 8th Street, Grover Beach, CA 93433.
2.09 ESCROW BID DOCUMENTS
Escrow documents are required for projects over $1M and include all of the quantity take-offs, calculations, quotes, notes, letters, emails, marked up plan sheets, reports, and all other information committed to hard copy or electronic media that a bidder used to determine the bid price: collectively the ‘Escrow BidDocuments’.
The two low bidders shall submit additional financial information, including the Escrow Bid Documents, within five (5) working days after the receipt of bids. The documents shall include one (1) copy of all documentary information generated in preparation of bid prices for this project, as described in Paragraph seven of this section (2.09). The Escrow Bid Documents of the successful bidder will be held in escrow for the duration of thecontract.
DocuSign Envelope ID: C1A9B8EB-479C-48C0-8FA7-F9BE0F92AA6C 33 | P a g e CIP 2295-16 – Measure K-14 Street Rehabilitation and Repair Project The successful bidder agrees, as a condition of award of the contract, that the Escrow Bid Documents constitute all the information used in the preparation of its bid, and that no other bid preparation information will be considered in resolving disputes or claims. The successful bidder also agrees that nothing in the Escrow Bid Documents will change or modify the terms or conditions of the contract documents.
The Escrow Bid Documents are, and will always remain, the property of the Bidder or Contractor, subject to joint review by the Engineer and the Bidder or Contractor, as provided herein.
The City stipulates and expressly acknowledges that the Escrow Bid Documents, as defined herein, are intended to constitute proprietary information. This acknowledgement is based on the City's express understanding that the information contained in the Escrow Bid Documents is not known outside bidder's business, is known only to a limited extent and only by a limited number of employees of the bidder, is safeguarded while in bidder's possession, is extremely valuable to bidder and could be extremely valuable to bidder's competitors by virtue of it reflecting bidder's contemplated techniques of construction. The City further acknowledges that bidder expended substantial sums of money in developing the information included in the Escrow Bid Documents and further acknowledges that it would be difficult for a competitor to replicate the information contained therein. The City further acknowledges that the Escrow Bid Documents and the information contained therein are made available to City only because such action is an express prerequisite to award of the contract. The City further acknowledges that the Escrow Bid Documents include a compilation of information used in bidder's business, intended to give bidder an opportunity to obtain an advantage over competitors who do not know of or use the contents of the documentation. The City further agrees to safeguard the Escrow Bid Documents, and all information contained therein, against disclosure to the fullest extent permitted by law.
Escrow Bid Documents will be used to assist in the negotiation of price adjustments, supplemental agreements, and contract modifications and in the settlement of disputes and claims. They will not be used for pre-award evaluation of the bidder’s anticipated methods of construction or to assess the bidder’s qualifications for performing theWork.
Bidders may submit Escrow Bid Documents in their usual cost- estimating format; a standard format is not required. It is not the intention of this specification to cause the bidder extra work during the preparation of the proposal, but to ensure that the Escrow Bid Documents will be adequate to enable complete understanding and proper interpretation for their intended use. The Escrow Bid Documents shall be submitted in the English language.
It is required that the Escrow Bid Documents clearly itemize the estimated costs of performing the Work of each bid item contained in the bid schedule. Bid items should be separated into sub-items as required to present a detailed cost estimate and allow a detailed cost review. The Escrow Bid Documents shall include all quantity takeoffs, estimates of crews, and equipment, calculations of rates of production and progress, copies of quotes from subcontractors and suppliers, and memoranda, narratives, add/deduct sheets, and all other information used by the bidder to arrive at the prices contained in the bid proposal.
Estimated costs should be broken down into the bidder's usual estimate categories such as direct labor, repair labor, equipment ownership and operation, expendable materials, permanent materials and subcontract costs as appropriate. Plant and equipment and indirect costs should be detailed in the bidder's usual format. The bidder’s allocation of plant and equipment, indirect costs, contingencies, markup and other items to each bid item shall be included.
All costs shall be identified. For bid items amounting to less than $10,000, estimated unit costs are acceptable without a detailed cost estimate, provided that labor, equipment, materials and subcontracts, as applicable, are included and provided that indirect costs, contingencies and markup, as applicable, are allocated.
Bid documents provided by the City should not be included in the Escrow Bid Documents unless needed to comply with the requirements herein.
DocuSign Envelope ID: C1A9B8EB-479C-48C0-8FA7-F9BE0F92AA6C 34 | P a g e CIP 2295-16 – Measure K-14 Street Rehabilitation and Repair Project The Escrow Bid Documents shall be submitted to the City by the two low bidders in container(s) within five (5) working days after the time for receipt of bids. The container shall be clearly marked on the outside with the bidder's name, date of submittal, project name, contract number, project number, and the words "Escrow BidDocuments". After inspection by the City’s representative, the box will be sealed.
The documents can be scanned and submitted on a thumb drive or submitted on paper, or a combination of the two types. Sealed container(s) shall consist of boxes in the following standard sizes:
Standard Cube (LL) 15”x12”x10”; Letter Banker 24”x12”x10”; or Legal Banker:24”x15”x10” for hard copy submittals.
The Escrow Bid Documents shall be accompanied with a certification signed by an individual authorized by the bidder to execute the bidding proposal, stating that the material in the Escrow Bid Documents constitutes all the documentary information used in preparation of the bid and that the bidder has personally examined the contents of the Escrow Bid Documents container and has found that the documents in the container are complete.
The Escrow Bid Documents of the apparent successful bidder will be examined, organized, and inventoried by the Engineer, together with members of the bidder's staff who are knowledgeable in how the bid was prepared. This examination is to ensure that the Escrow Bid Documents are legible and complete. It will not include review of, and will not constitute acceptance of proposed construction methods, estimating assumptions, or interpretations of contract documents. Examination will not alter any condition or term of the contract.
If all the documentation required as indicated above has not been included in the original submittal, additional documentation may be required, at the City’s discretion, prior to award of the contract. The detailed breakdown of estimated costs shall be reconciled and revised, if appropriate, by agreement between the bidder and the City before making the award. Once it has been determined that all of the documentation has been included, the box will be sealed. The Contractor can choose to provide tamper proof tape, or security tape. Otherwise, the box will be sealed, and the tape will be signed. The Escrow Bid Documents will be placed in storage at City Hall.
If the contract is not awarded to the apparent successful bidder, the Escrow Bid Documents of the bidder next to be considered for award shall be processed as described.
Timely submission of complete Escrow Bid Documents is an essential element of the bidder's responsibility and a prerequisite to a contract award. Failure to provide the Escrow Bid Documents will be sufficient cause for the City to reject the bid.
Escrow Bid Documents submitted by unsuccessful bidders will be returned unopened, unless opened as provided above, following award of the contract. Unsuccessful bidders shall pick up the Escrow Bid Documents from the City 14 days of writtennotice.
If any bidder's proposal is based upon subcontracting any part of the Work, each subcontractor whose total subcontract price was proposed by the bidder shall provide separate Escrow Documents to be included with those of the bidder. Such documents shall be opened and examined in the same manner at the same time as the examination described above for the apparent successful bidder.
If the Contractor wishes to subcontract any portion of the Work after award, the City retains the right to require the Contractor to submit Escrow Documents from the subcontractor before the subcontract is accepted.
The Escrow Bid Documents will be examined by both the City and the Contractor, at any time deemed necessary by the Director, unless the Contractor waives the right to be present by failing to appear at the designated time and place. Examination of the Escrow Bid Documents is subject to the following DocuSign Envelope ID: C1A9B8EB-479C-48C0-8FA7-F9BE0F92AA6C 35 | P a g e CIP 2295-16 – Measure K-14 Street Rehabilitation and Repair Project conditions:
(a) As trade secrets, the Escrow Bid Documents are intended to constitute proprietary and confidential material as described in Paragraphs four and five of this section (2.09). (b) The City and the Contractor shall each designate, in writing to the other party and within ten days after execution of the contract, representatives who are authorized to examine the Escrow Bid Documents. No other person shall have access to the Escrow Bid Documents.
(c) Access to the Escrow Bid Documents may take place only in the presence of duly designated representatives of both the City and the Contractor, unless the Contractor waives its right to be present by failing to appear at the designated date and time at which the Escrow Bid Documents will be examined.
(d) The City will provide 48 hours’ notice before opening or examining the bid documents.
If the Contractor does not respond or does not send a representative, the City will examine the documents without the Contractor being present.
The Escrow Bid Documents will be returned to the Contractor at such time as the contract has been completed, all claims have been resolved, and final payment has been accepted by the Contractor. The Contractor shall pick up the Escrow Bid Documents from the City within 14 days of written notice.
DocuSign Envelope ID: C1A9B8EB-479C-48C0-8FA7-F9BE0F92AA6C 36 | P a g e CIP 2295-16 – Measure K-14 Street Rehabilitation and Repair Project SECTION 3. AWARD AND EXECUTION OF CONTRACT
3.01 GENERAL
The Bidder's attention is directed to the provisions in Section 3, “Contract Award and Execution," of the Standard Specifications and these Special Provisions for the requirements and conditions concerning award and execution of Contract.
3.02 AWARD OF CONTRACT
The award of the Contract, if it be awarded, will be to the lowest responsible bidder whose bid complies with all the requirements prescribed.
The BASIS OF AWARD of the Contract will be based on the lowest, responsive, responsible “Base Bid”. The City, at its sole discretion, may or may not elect to award the Base Bid or Additive Bid.
3.03 EXECUTION OF CONTRACT
The Contract shall be executed by the Successful Bidder and shall be returned, together with the Guaranty, the payment and performance bonds, and the insurance certificate(s) and endorsement(s) to the City within TEN (10) business days, not including Saturdays, Sundays and legal holidays, after the Successful Bidder has received the Contract for execution. Failure to do so shall be just cause for forfeiture of the Successful Bidder’s bond. The executed contract documents shall be delivered to the following address:
City of Grover Beach Department of Public Works
154 S. 8th Street
Grover Beach, CA 93433
3.04 CONTRACT BONDS
3.04-A PERFORMANCE BOND. The Contractor shall furnish a surety bond as security for the faithful performance of this Contract by the Contractor in an amount equal to one hundred percent (100%) of the Contract price.
3.04-B PAYMENT BOND. The Contractor shall furnish a surety bond as security for the payment of the claims of laborers, mechanics or materialmen employed on the Work under the Contract and shall contain all the provisions required by law, in the amount of fifty percent (50%) of the Contract price.
3.05 CITY BUSINESS TAX CERTIFICATE AND ENCROACHMENT PERMIT The Contractor and all subcontractors shall obtain a City of Grover Beach Business Tax Certificate and pay all related fees. The Contractor will also be required to obtain an encroachment permit from the City but fees will be waived.
DocuSign Envelope ID: C1A9B8EB-479C-48C0-8FA7-F9BE0F92AA6C 37 | P a g e CIP 2295-16 – Measure K-14 Street Rehabilitation and Repair Project SECTION 4. BEGINNING OF WORK, TIME OF COMPLETION,
LIQUIDATED DAMAGES, HOURS OF WORK, NIGHT WORK,
AND SCHEDULED SUSPENSION
Attention is directed to the provisions in Section 8-1.04, "Start of Job Site Activities," Section 8-1.05, "Time," Section 8-1.06, “Suspensions,” and Section 8-1.10, "Liquidated Damages," of the Standard Specifications and these Special Provisions.
A Preconstruction Conference (reference: Standard Specification 8-1.03) will be required not less than seven (7) days prior to any construction. This meeting will include the City of Grover Beach, the City’s Authorized Agents (when applicable, the project management, construction management, and/or design engineering), the Contractor, and necessary subcontractors. Utility companies who have assets within the work zone will be invited to this conference meeting.
The Contractor shall submit in accordance with Standard Specification 5-1.23 to the Engineer the following required submittals at or before the Pre-Construction Conference meeting:
▪ Baseline Construction Schedule
▪ Water Pollution Control Plan
▪ Traffic Control Plan
These submittals will be reviewed and processed by the Engineer per the referenced Standard Specification.
The City will prepare conformed contract documents by incorporating bid addenda into the bidding documents. The City will provide the Contractor with three (3) full-size prints of the conformed Plans and three (3) complete Specification books. Additional quantities of the contract document plans and/or Specifications can be furnished by the City at reproduction cost. Softcopies of these documents in PDF format are available from the Engineer upon the Contractor’s submittal of a Request for Information (RFI).
The Contractor shall begin work within THIRTY (30) calendar days after the Contract has been approved by the attorney appointed and authorized to represent the City of Grover Beach.
This Work shall be diligently prosecuted to completion before the expiration of ONE HUNDRED (100) WORKING DAYS beginning on the 30
th calendar day after approval of the Contract. The City will issue a Notice to Proceed that reflects this duration for Contract time.
The Contractor shall pay to the City of Grover Beach liquidated damages in the sum of ONE THOUSAND DOLLARS ($1,000.00) per day, for each and every calendar days’ delay completing the work of improvements in excess of the number of working days prescribed above through the Contract acceptance date. Refer to the Special Provisions 5.20, “Completion of the Work of Improvements” for determination of the Contact acceptance date.
Hours of work shall be 7:00 a.m. to 5:00 p.m. on working days unless night work is approved by the City Engineer in writing.
Night work may be allowed between the hours of 10:00 p.m. and 6:00 a.m. when approved in writing by the City Engineer. Requests for night work shall be submitted to the Engineer no later than 96-hours before the date of the night work starts. No additional compensation will be allowed for night work.
Scheduled suspension of the work shall occur during the time(s) identified below, and the Contractor shall provide for a smooth and unobstructed passageway through the work during the suspension, said passageway shall be included within the cost of the project. ▪ Scheduled Suspension Dates: NONE
Refer to Standard Specifications 8-1.06, “Suspensions” for other related suspensions.
DocuSign Envelope ID: C1A9B8EB-479C-48C0-8FA7-F9BE0F92AA6C 38 | P a g e CIP 2295-16 – Measure K-14 Street Rehabilitation and Repair Project SECTION 5. GENERAL
5.01 SUBCONTRACTING AND SUPERINTENDENCE
Attention is directed to Section 5-1.13, "Subcontracting," Section 7-1.07, "Legal Actions Against the Department," and Section 5-1.16, "Representative," of the Standard Specifications and these Special Provisions.
The Contractor shall give his personal attention to the fulfillment of the Contract and shall keep the Work under his control. No subcontractor will be recognized as such, and all persons engaged in the Work of construction will be considered as employees of the Contractor.
Attention is directed to the requirement in said Section 5-1.13A that the Contractor perform at least thirty percent (30%) of the Work with his own organization.
The "List of Subcontractors," which is part of the proposal, shall be completed listing all subcontractors who will perform any of the Work under this Contract.
Attention is directed to the requirement in said Section 5-1.16, “Representative,” that the Contractor designate in writing an authorized representative with authority to act for the Contractor and that said representative shall be present at the site of the Work while work is in progress.
5.02 LEGAL ACTIONS AGAINST THE CITY
Attention is directed to Section 7-1.07, "Legal Actions Against the Department," of the Standard Specifications for the requirements should litigation be brought against the City concerning compliance by the City with STATE or Federal laws, rules or regulations applicable to the Work.
5.03 AUTHORITY OF THE ENGINEER
In accordance with Section 5-1.03, "Engineer’s Authority," of the Standard Specifications, the Engineer shall decide all questions regarding the Work and shall have authority to enforce and make effective his decisions.
5.04 INSPECTION
The Contractor's attention is directed to Section 5, "Control of Work," of the Standard Specifications and these Special Provisions.
Should the Contractor desire to work on a Saturday, a Sunday or a designated holiday, or between the hours of 5:00 p.m. and 7:00 a.m., then issue a written submittal to the Engineer of the intent to do so at least five (5) calendar days prior to commencing said work. Should the Contractor perform any work in violation of this paragraph, the work shall be uncovered, exposed, tested and measured at the expense of the Contractor to the extent required by the Engineer in order to ascertain conformance with the plans and specifications. Any of said work which cannot be properly inspected for conformance will be rejected.
Designated legal holidays are: January 1st, Martin Luther King’s Birthday, the second and third Monday in February, the last Monday in May, July 4th, the first Monday in September, Columbus Day (day observed), Veteran’s Day, Thanksgiving Day, the day after Thanksgiving Day and December 25th. When a designated legal holiday falls on a Saturday or a Sunday, the preceding Friday and/or the following Monday, respectively, shall be a designated legal holiday.
5.05 VALUE ENGINEERING
Attention is directed to Section 4-1.07, “Value Engineering,” of the Standard Specifications.
5.06 EXCAVATION SAFETY PLANS AND PERMIT
Attention is directed to the provisions in Sections 6500 through 6509 and Section 6705 of the STATE LABOR CODE and in Section 7-1.02K(6)(b), “Excavation Safety,” of the Standard Specifications. Prior to constructing trenches or excavations five feet (5’) or more in depth, the Contractor shall obtain a permit from the STATE OF CALIFORNIA, Division of Industrial Safety, as required by said Section 6500.
DocuSign Envelope ID: C1A9B8EB-479C-48C0-8FA7-F9BE0F92AA6C 39 | P a g e CIP 2295-16 – Measure K-14 Street Rehabilitation and Repair Project Full compensation for complying with this section shall be considered as included in the Contract prices paid for the items of Work to which said plans and permit relate and no separate payment will be made therefore.
5.07 CONTRACTOR'S RESPONSIBILITY FOR DAMAGE
Attention is directed to Section 5-1.36, "Property and Facility Preservation," of the Standard Specifications and these Special Provisions.
The Contractor shall be responsible for any liability imposed by law and by the Standard Specifications.
The Contractor shall protect existing improvements, adjacent property and roadside trees and shrubs, and shall erect tree protection fencing as directed.
The City does not anticipate any work in private property. If the contractor needs access to private property in order to do the work, the contractor must notify the City as soon as possible. The City will work with the property owner(s) to obtain a Temporary Construction Easement (TCE) at the addresses identified by the Contractor to allow access to the private property for the work to be done. The Contractor is not authorized to access the private property(ies) until the TCE has been fully executed and a copy distributed to the Contractor. The Contractor shall coordinate with the ENGINEER regarding the TCE’s.
5.08 INDEMNIFICATION AND INSURANCE
5.08-A INDEMNIFICATION. Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless the City of Grover Beach, and all officers, officials, employees, authorized agents, and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Contract, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. Should conflict of interest principles preclude a single legal counsel from representing both City and Contractor, or should City otherwise find Contractor’s legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable legal counsels fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees, authorized agents, and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Contract.
Contractor obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee; however, without affecting the rights of City under any provision of this Contract, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City.
The duty of the Contractor to indemnify and save harmless includes the duties to defend as set forth in Section 2778 of the CIVIL CODE.
5.08-B LIABILITY INSURANCE. The provisions of said Section 7-1.05 “Indemnification,” of the Standard Specifications regarding the retention of funds to cover claims or suits for damages shall not apply,however:
DocuSign Envelope ID: C1A9B8EB-479C-48C0-8FA7-F9BE0F92AA6C 40 | P a g e CIP 2295-16 – Measure K-14 Street Rehabilitation and Repair Project Prior to the beginning of and throughout the duration of the Work, Contractor and its subcontractors shall maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth herein, Contractor agrees to amend, supplement or endorse the existing coverage to do so.
Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to Contractor or its subcontractors in excess of the limits and coverage identified in this Contract and which is applicable to a given loss, claim or demand, will be equally available to City.
Contractor shall provide the following types and amounts of insurance:
Without limiting Contractor’s indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form satisfactory to City.
General liability insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $2,000,000 completed operations aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
Automobile liability insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
Workers’ compensation insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000) for Contractor’s employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor’s employees.
Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, authorized agents, employees, and volunteers.
Pollution liability insurance. Environmental Impairment Liability Insurance shall be written on a Contractor’s Pollution Liability form or other form acceptable to City providing coverage for liability arising out of sudden, accidental and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 dollars per claim and in the aggregate. All activities contemplated in this Contract shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non-owned disposal sites.
Products/completed operations coverage shall extend a minimum of three (3) years after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent Contractors. If the insured is using subcontractors, the Policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage.
Policy shall specifically provide for a duty to defend on the part of the insurer. The City, its officials, officers, authorized agents, and employees, shall be included as insureds under the policy.
DocuSign Envelope ID: C1A9B8EB-479C-48C0-8FA7-F9BE0F92AA6C 41 | P a g e CIP 2295-16 – Measure K-14 Street Rehabilitation and Repair Project Proof of insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s risk manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
Duration of coverage. Contractor shall procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Contractor, his agents, representatives, employees or subcontractors. Contractor must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. City and its officers, officials, employees, and authorized agents shall continue as additional insureds under such policies.
Primary/noncontributing. Coverage provided by Contractor shall be primary and any insurance or selfinsurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
City’s rights of enforcement. In the event any policy of insurance required under this Contract does not comply with these requirements or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Contract.
Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s risk manager.
Waiver of subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, authorized agents, officials, employees, and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.
Enforcement of Contract provisions (non estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Notice of cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
DocuSign Envelope ID: C1A9B8EB-479C-48C0-8FA7-F9BE0F92AA6C 42 | P a g e CIP 2295-16 – Measure K-14 Street Rehabilitation and Repair Project Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, authorized agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
Pass through clause. Contractor agrees to ensure that its sub-consultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review.
City’s right to revise requirements. The City reserves the right at any time during the term of the Contract to change the amounts and types of insurance required by giving the Contractor a ninety (90) day advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation.
Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
Timely notice of claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Contract, and that involve or may involve coverage under any of the required liability policies.
Additional insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work.
5.09 LABOR
5.09-A GENERAL. Attention is directed to the provisions of Section 7, "Legal Relations and Responsibility," of the Standard Specifications regarding labor, to the California Labor Code, and to these Special Provisions.
5.09-B PREVAILING WAGE. Attention is directed to Section 7-1.02K(2), “Wages,” of the Standard Specifications and as stated in the “Notice to Bidders.” The general prevailing wage rates determined by the Director of Industrial Relations are available at:
http://www.dir.ca.gov/DLSR/PWD
5.09-C LABOR DISCRIMINATION. Attention is directed to Section 1735 of the Labor Code.
5.09-D DEPARTMENT OF INDUSTRIAL RELATIONS. Attention is directed to Section 1725.5 of the Labor Code regarding qualifications to bid or be listed in a bid proposal, or engage in the performance of any public works contract.
DocuSign Envelope ID: C1A9B8EB-479C-48C0-8FA7-F9BE0F92AA6C 43 | P a g e CIP 2295-16 – Measure K-14 Street Rehabilitation and Repair Project
5.10 NOISE CONTROL
The Contractor's attention is directed to Section 14-8.02, "Noise Control," of the Standard Specifications and to these Special Provisions.
The noise level from the Contractor's operations, between the hours of 6:00 a.m. and 7:00 p.m., shall not exceed 86dB(A) at a distance of fifty feet (50'). This requirement in no way relieves the Contractor from responsibility for complying with local ordinances regulating noise level.
Said noise level requirement shall apply to all equipment on the job or related to the job, including, but not limited to trucks, transit mixers or transit 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 Contract prices paid for the various items of Work involved and no additional compensation will be allowed therefore.
5.11 PROJECT APPEARANCE
The Contractor shall maintain a neat appearance to the Work. Prevent and alleviate dust as indicated in the standard specifications 14-9. In any area visible to the public, the following shall apply.
When practicable, broken concrete and debris developed during clearing and grubbing shall be disposed of concurrently with its removal. If stockpiling is necessary, the material shall be removed or disposed of weekly.
The Contractor shall furnish trash bins for all debris from structure construction. All debris shall be placed in trash bins daily. Forms or falsework that are to be reused shall be stacked neatly concurrently with their removal. Forms and falsework that are not to be reused shall be disposed of concurrently with their removal.
Equipment for use on the project shall be stored on side streets away from business frontages and shall be removed and stored at the Contractor’s own yard if not in use for more than five working days. The Contractor may secure a staging area on private property if the Contractor makes arrangements to secure access to private property for staging during the Work.
Full compensation for conforming to the provisions in this section, not otherwise provided for, shall be considered as included in the Contract prices paid for the various items of Work involved and no additional compensation will be allowed therefore.
5.12 GUARANTY AND BONDS
A material guaranty for a period of twelve (12) months from the date of Contract acceptance as notified in writing by the DIRECTOR for all the items of Work as designated in the Engineer's Estimate will be required and shall conform to the provisions in Section 6-3.06, "Guarantee," of the Standard Specifications. A guaranty form for this purpose is included in the contract forms.
ALL MATERIALS AND WORKMANSHIP FURNISHED SHALL BE GUARANTEED.
Full compensation for furnishing the guaranty and bonds will be considered as included in the Contract price or prices paid for the items of Work involved and no additional compensation will be allowed therefore.
5.13 SUBCONTRACTING
No subcontract releases the Contractor from the Contract or relieves the Contractor of their responsibility for a subcontractor's work.
DocuSign Envelope ID: C1A9B8EB-479C-48C0-8FA7-F9BE0F92AA6C 44 | P a g e CIP 2295-16 – Measure K-14 Street Rehabilitation and Repair Project If the Contractor violates Public Contract Code Section 4100 et seq., the City of Grover Beach may exercise the remedies provided under Public Contract Code Section 4110. The City of Grover Beach may refer the violation to the Contractors State License Board as provided under Public Contract Code Section 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.
Each subcontractor must have an active and valid State contractor's license with a classification appropriate for the work to be performed (Business and Professions Code, Section 7000 et seq.).
Each subcontractor must have an active and valid California Department of Industrial Relations (DIR) Registration number appropriate for the work to be performed.
Submit copies of subcontracts upon request by the Engineer.
Before subcontracted work starts, submit a Subcontracting Request form.
Do not use a debarred contractor; a current list of debarred contractors is available at the Department of Industrial Relations' Web site.
Upon request by the Engineer, immediately remove and not again use a subcontractor who fails to prosecute the Work satisfactorily.
Each subcontract and any lower tier subcontract that may in turn be made shall include the "Required Contract Provisions Federal-Aid Construction Contracts" in Section 7-11.1 of the Standard Specifications.
Noncompliance shall be corrected. Payment for subcontracted work involved will be withheld from progress payments due, or to become due, until correction is made. Failure to comply may result in termination of the Contract.
5.14 TRAFFIC CONTROL PLAN
Attention is directed to the provisions in Section 7-1.03, "Public Convenience," of the Standard Specifications and these special provisions. One lane of traffic in each direction shall be open at all times during the Work except for very short periods when needed to move equipment or materials. Side streets may be closed upon City Engineer approval of a traffic control plan prepared by the Contractor.
Full road closures for any extended period of time will only be approved after City Engineer approval of a traffic control detour plan prepared by the Contractor.
If at any time during the Work or during any scheduled delays the Contractor fails to maintain traffic control signs and delineators, the City may contract directly for the work and all costs including 15% administrative fees will be deducted from payment due the Contractor.
5.15 PUBLIC CONVENIENCE
Attention is directed to the provisions in Section 7-1.03, "Public Convenience," of the Standard Specifications and these Special Provisions.
The Contractor shall schedule and conduct his work so as to limit inconvenience to businesses located in or near the Work zone. Access to businesses shall be available at all times unless otherwise approved by the City Engineer. On-street parking shall be opened to the public when not in conflict with the day’s scheduled work. Public traffic shall be permitted to pass through the Work at all times during construction unless otherwise approved by the City Engineer. During nights, weekends or other times when the Contractor is not on site working and when traffic is routed on a travel area next to a drop off of more than 1-inch the Contractor shall backfill the adjacent excavation with compacted base material to within DocuSign Envelope ID: C1A9B8EB-479C-48C0-8FA7-F9BE0F92AA6C 45 | P a g e CIP 2295-16 – Measure K-14 Street Rehabilitation and Repair Project 1-inch of the traveled way surface a minimum of 3-feet outside of the traveled way and shall maintain delineators at the edge of the traveled way. Minimum traveled way shall be 11-feet. Upon approval by the City Engineer, traffic may be routed onto compacted base. The Contractor shall provide reduced speed signs, shall inspect the traveled way twice daily and shall water and maintain the base free of ruts and depressions.
The Contractor shall prepare 3-feet x 3-feet signs, reflective blue letters on white background indicating that businesses are open during construction. One sign shall be placed in each direction ahead of the Work on temporary barricades or sign posts installed and maintained by the Contractor.
The Contractor shall provide changeable message signs in each direction ahead of the Work beginning 10 days prior to construction and continuing for 30-calendar days while the work is in progress. The message indication shall include “Roadwork, Expect Delays” and the duration of the Work.
The Contractor shall inspect and maintain all construction signs and delineators twice daily during the closures or suspension identifiedabove.
Full compensation for public convenience will be considered as included in the Contract price or prices paid for the items of Work involved and no additional compensation will be allowed therefore.
5.16 FACILITIES (UNDERGROUND AND/OR ABOVEGROUND)
The information and data shown or indicated in the contract documents with respect to existing underground and/or aboveground facilities at or contiguous to the site is based on information and data furnished by the owners of such underground and/or aboveground facilities, including the City, or by others. Unless it is otherwise expressly provided in the Special Provisions:
• City shall not be responsible for the accuracy or completeness of any such information or data; and
• The cost of all of the following shall be included in the Contract price paid for various items of Work involved and no separate additional payment will be made therefore and the Contractor shall have full responsibility for:
o Reviewing and checking all such information and data; o Locating via potholing all underground facilities shown or indicated in the contract documents. Contractor shall determine the location and depth of all utilities via potholing, including service connections, which have been marked by the respective utility owners and which may affect or be affected by the Contractor’s operations. Full compensation for such Work shall be considered as included in Contract price; o Coordination with all utility service providers for Work affecting their facilities; and o The safety and protection of all such underground and/or aboveground facilities and repairing any damage thereto resulting from the Work.
• If an underground facility is uncovered or revealed at or contiguous to the site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the contract documents, Contractor shall, promptly, but in no case more than five (5) Days after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency), identify the owner of such underground facility and give written notice to that owner and to City. City will promptly review the underground facility and determine the extent, if any, to which a change is required in the contract documents to reflect and document the consequences of the existence or location of the underground facility. During such time, the Contractor shall be responsible for the safety and protection of such underground facility.
The Contractor shall review the pothole data they collect and determine the proper methods to achieve required compaction over utility lines without damaging the existing facilities.
The Contractor shall review the pothole data they collect prior to purchasing any and all valves, couplings, fittings, restraints, or any other components and appurtenances necessary for connections to existing DocuSign Envelope ID: C1A9B8EB-479C-48C0-8FA7-F9BE0F92AA6C 46 | P a g e CIP 2295-16 – Measure K-14 Street Rehabilitation and Repair Project utilities. The Contractor shall expect to work with various existing pipe materials, including but not necessarily limited to steel, asbestos cement, ductile iron, and PVC; therefore, the potholing information needed to be collected shall include any and all dimensions necessary for the successful and water-tight connection with the existing facilities. All potholing data shall be collected a minimum of fifteen (15) working days before the utility improvement work is scheduled to be performed to allow sufficient time for the Contractor’s parts to be ordered and delivered. Furthermore, the minimum of fifteen (15) working days is necessary to accommodate any redesign effort by the City should differing site conditions of underground facilities be encountered. Full compensation for such Work shall be considered as included in Contractor’s Bid price.
When underground utility work is part of this Contract, then the Contractor shall review the pothole data prior to purchasing any fittings, restraints, or other components necessary for connections to existing utilities.
The following is contact information for utility companies having infrastructure within the City is provided as reference to the Contractor.
Utility Company Contact Name e-mail
Phone (805)
Area Code Address
Electrical PG&E Denise Clarke [email protected] 805-546-5272 4325 S. Higuera SLO, 93401
Phone AT&T Neil Zakaria [email protected] 805-546-7012 196 Suburban Rd SLO, 93401
Fiber/Phone Charter Ryan Schwiebert [email protected] 805-543-8543 7555 San Luis Ave Atascadero, CA 93422
Oil Phillips 66 Leo Martinez [email protected] 805-226-2656 1232 Park St, Ste 300 Paso Robles, 93446
Gas So Cal Gas Scott Hale [email protected] 805-681-7939 750 Industrial Way SLO, 93401
Water/Sewer Grover Beach Public Works
Department
[email protected] 805-473-4530 154 S. 8th St
Grover Beach, 93433
5.17 ORDER OF WORK
The Contractor shall arrange his work order and schedule to provide the least possible disruption to business and on-street parking access.
5.18 DIFFERING SITE CONDITIONS
5.18-A CONTRACTOR'S NOTIFICATION. Contractor shall promptly notify the City’s Engineer if either of the following conditions are found:
1. Physical conditions differing materially from either of the following:
• Contract documents
• Job site examination
2. Physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the Work provided for in the Contract.
Contractor shall provide in writing details explaining the information relied upon and the material differences discovered.
If Contractor fails to promptly notify the Engineer, then Contractor waives the differing site condition claim for the period between the discovery of the differing site condition and when notification was provided to the Engineer.
If Contractor disturbs the site after discovery and before the Engineer's investigation, the Contractor waives the differing site condition claim.
5.18-B ENGINEER'S INVESTIGATION AND DECISION. Upon Contractor’s notification, the Engineer investigates job site conditions and:
1. Notifies the Contractor whether to resume affected work.
2. Decides whether the condition differs materially and is cause for an adjustment of Contract time, Contract price, or both.
DocuSign Envelope ID: C1A9B8EB-479C-48C0-8FA7-F9BE0F92AA6C 47 | P a g e CIP 2295-16 – Measure K-14 Street Rehabilitation and Repair Project
5.19 COOPERATION
Should construction be underway by the City, other agencies, utility providers, or other contractors within or adjacent to the limits of Work specified or should work of any other nature be underway by other forces within or adjacent to said limits, then Contractor shall cooperate with all such other contractors or other forces to the end that any delay or hindrance to their work will be avoided. The City reserves the right to perform other or additional work at or near the site at any time, by the use of other forces.
When necessary, Contractor shall so conduct operations as to permit access to the site and provide time for utility work to be accomplished during normal work hours during the progress of the Work.
During the progress of the Work under this Contract, these projects may be in progress within or near the Work area of this Contract.
Responsible Party Location Type of Work Contact Information City of Grover Beach S. 4th (March 2023) Sewer Line Public Works City of Grover Beach West Grand Avenue (4th-8
th) Streetscape Public Works
5.20 COMPLETION OF THE WORK OF IMPROVEMENTS
Upon completion of the work of improvements, including final cleanup and as having the meaning pursuant to Public Contract Code Sections 7107(c)(1) through 7107(c)(4), the Contractor shall submit a signed written affidavit that the completion of the work of improvements has occurred, a recommended date of completion of the work of improvements, and that the project’s work zone is ready for final inspection and Contract acceptance. Within 30-calendar days after receipt of the signed written affidavit, the Engineer will inspect the work and will either (1) reject the affidavit’s recommendation of the date of completion of the work of improvements and that the work zone is ready for final inspection and Contract acceptance, specifying the defective and/or incomplete portions of the work, or (2) accept the affidavit and submit a request to the City for the Director’s written notice of Contract acceptance which will confirm the recommended date of completion of the work of improvements and establish that date as the Contract acceptance date.
If the Engineer rejects the signed written affidavit that the completion of the work of improvements has occurred, then the Contractor shall promptly remedy the defective and/or incomplete portions of the work.
Thereafter, the Contractor shall give the Engineer a revised written signed affidavit that the completion of the work of improvements has occurred and a new date based on when the defective and/or incomplete portions of the work were corrected. The foregoing procedure shall apply successively thereafter until the Engineer accepts the affidavit and requests to the City for the Director’s written notice of Contract acceptance and establish the Contract acceptance date.
DocuSign Envelope ID: C1A9B8EB-479C-48C0-8FA7-F9BE0F92AA6C 48 | P a g e CIP 2295-16 – Measure K-14 Street Rehabilitation and Repair Project SECTION 6. MEASUREMENT AND PAYMENT
6.01 CHANGES
Attention is directed to Section 4-1.05, "Changes and Extra Work," and Section 9-1.04, "Force Account," and 5-1.43 “Potential Claims and Dispute Resolution,” of the Standard Specifications and these Special Provisions. Delete section 5-1.43E of the Standard Specifications.
Any changes will be set forth in a Contract Change Order which will specify, in addition to the work to be done in connection with the change made, adjustment of Contract time, if any, and the basis of compensation for such work. A Contract Change Order is approved with the City signs the Contract Change Order.
Changes in the work will be transmitted to the Contractor as either a Request for Modification Proposal (RFMP) or a written field order. The RFMP will describe the change in work and request a proposal for change in the contract price and/or time. The Contractor shall promptly prepare the requested modification proposal and return to the Engineer. The Engineer will coordinate with the Contractor for any modifications to the work or the proposed change in contract price and/or time. The outcome of the coordination will be presented within a Contract Change Order. Any contract monetary adjustments constitutes compensation in full on behalf of the contractor and his subcontractors and suppliers for all costs and markup directly or indirectly, including extended overhead, attributable to the change order, for all delays related thereto, and for performance of the change within the time frame stated. Contractor in addition agrees the adjustment to compensation to the base agreement as manifested by this change order represents any and all cost whatsoever related to cumulative impacts or any synergistic effects, whether known or unknown, that may arise out of the work performed under this contract or in conjunction with other work or change orders approved under this agreement. Contractor waives any right to request additional compensation for any reason other than agreed to in accordance with this change order.
A written field order, or other written directive, is a written notice issued by the Engineer which requires minor changes in the work but which does not involve a change in the contract price or contract times.
The purpose of a written field order is to document clarification to the plans and/or specifications. The Contractor shall issue a RFI if the written field order is unclear or if additional information is needed. For any clarifications or questions in the plans and specifications, submit an RFI and allow a minimum of three days for the engineer to review and provide a response.
The information contained within and/or attached to any RFMP or a field order which change the plans and/or specifications are conveyed to the Contractor typically as a single copy, either in hardcopy or softcopy. The Contractor is responsible for the cost of reproduction and distribution of the materials to their personnel and/or subcontractors. No additional payment will be made for reproduction and distribution costs of documents related to changes.
6.02 PROGRESS PAYMENTS
Attention is directed to Section 9-1.16, "Progress Payments," of the Standard Specifications and these Special Provisions.
On or about the last day of each calendar month, the Contractor shall make an estimate of all work under the Contract completed to date. The Contractor shall use his “Progress Pay Estimate” form which shall be used for the estimate and submitted to the Engineer. The estimate shall be delivered to the Engineer who will verify and, if found correct, will approve such estimates. The Contractor shall make an estimate of all work under the Contract completed to date. Said estimates shall include a five percent (5%) retention by the City in accordance with Public Contract Code Section 9203(a).
Where City staff and equipment are used for work, billing will be done at the hourly billing rate for City staff. City materials and equipment will be billed in compliance with section 9-1.04. Work performed by a third party will be billed at the amount charged to the City for the work plus an additional five percent markup. The total cost-plus markup may be retained from contract or for private work billed to permittee.
DocuSign Envelope ID: C1A9B8EB-479C-48C0-8FA7-F9BE0F92AA6C 49 | P a g e CIP 2295-16 – Measure K-14 Street Rehabilitation and Repair Project
6.02-A OTHER PAYMENT WITHHOLDINGS. The application for progress payment and the payment thereof, or both, may at any time, be withheld or reduced if, in the opinion of the Engineer, the Contractor is not performing the Work in accordance with the Contract in a material respect, diligently and efficiently endeavoring to comply with intent of the Contract, of if the Contractor shall fail to pay his labor and material bills as they become due. In determining whether the Contractor’s failure to perform in accordance with the Contract is material, the Engineer will give consideration, among other factors, to whether the Contractor’s failure to perform endangers the public health, safety, and welfare, and whether the Work is being performed in accordance with the accepted construction schedule.
The City may keep monies which would otherwise be payable at any time hereunder, and apply the same, or so much as may be necessary therefore, to the payment of expenses, losses, or damages, as determined by the Engineer, incurred by the City for which the Contractor is liable under the Contract including but not limited to:
1. Failure of the Contractor to submit or obtain acceptance of a progress schedule, schedule of values, and any updated schedules;
2. Defective or non-conforming work;
3. Costs incurred by the City to correct, repair or replace defective or nonconforming work or to complete the Work;
4. A reasonable doubt that the Work can be completed for the balance then unpaid;
5. A reasonable concern by the City that the materials, equipment or component parts are not in proper operation condition;
6. Assessment of Liquidated Damages;
7. Failure to perform in accordance with the Contract;
8. A reasonable concern that cost or liability that may occur to the City as the result of the Contractor’s, subcontractor’s or supplier’s improper acts, omissions, fault, or negligence will cause City to incur cost, expenses or liability (even if City is indemnified for such cost, expense or liability);
9. Deduction in Work;
10. Failure of the Contractor to repair damaged materials, equipment, property, or work;
11. Failure of the Contractor to provide or obtain review of submittals;
12. Failure to pay subcontractors or suppliers;
13. Failure to keep record plans/documents (e.g. as-built drawings) up to date subject to a monthly inspection by the Engineer;
14. Failure to comply with all applicable federal, state, and local laws, statutes, regulations, codes, licenses, easements, and permits:
15. Failure to obtain and maintain applicable permits, insurance, and bonds; and
16. Failure to comply with the Contract safety requirements.
6.03 FINAL PAYMENT
Attention is directed to Section 9-1.17, "Payment After Contract Acceptance," Section 9-1.17(2)(b), "Overhead Claims," and Section 9-1.21, "Clerical Errors," and 9-1.22 “Claim Resolution Procedure,” of the Standard Specifications and these Special Provisions.
Replace 2nd paragraph in section 9-1.17C with:
Submit either a written acceptance of the proposed final estimate or a claim statement postmarked or hand delivered before the 31st day after receiving the proposed final estimate.
Delete 3rd paragraph in section 9-1.17C.
9-1.17D Final Payment and Claims
9-1.17D(1) General
Replace section 9-1.17D(1) with:
If you accept the proposed final estimate or do not submit a claim statement within 30 days of receiving the proposed final estimate, the Engineer will process the proposed final estimate for payment. The final DocuSign Envelope ID: C1A9B8EB-479C-48C0-8FA7-F9BE0F92AA6C 50 | P a g e CIP 2295-16 – Measure K-14 Street Rehabilitation and Repair Project payment will not be due and payable until the expiration of 40 days from the date the notice of completion is filed with the County of San Luis Obispo. The Notice of Completion will be filed within five days of formal acceptance of the work by the City Council or its designated representative, upon the recommendations of the Engineer. This final estimate and payment is conclusive except as specified in sections 5-1.27, 6-3.06, and 9-1.21.
If you submit a claim statement within 30 days of receiving the Engineer's proposed final estimate, the Engineer furnishes a semifinal estimate to the Contractor and the Department pays the amount due within 30 days. The semifinal estimate is conclusive as to the amount of work completed and the amount payable except as affected by the claims or as specified in sections 5-1.27, 6-3.06, and 9-1.21. 9-1.17D(2) Claim Statement
9-1.17D(2)(a) General
Add to section 9-1.17D(2)(a).
For each claim, submit a claim statement showing:
1. The identification number
2. Date the Initial Potential Claim was furnished to the Engineer
3. Date the Supplemental Potential Claim was furnished to the Engineer
4. The final amount of additional payment requested
5. Attach a copy of the Full and Final Potential Claim Record Submit claims to:
Greg Ray, Public Works Director/City Engineer
154 S. 8th Street
Grover Beach, CA 93433
9-1.17D(2)(b) Overhead Claims
Replace 6th paragraph in section 9-1.17D(2)(b) with:
The CPA's audit must be performed as an examination-level engagement under the attestation engagements in the Government Auditing Standards published by the Comptroller General of the United States. The CPA’s audit report must express an opinion whether or not your calculations of your actual field and home office overhead daily rates comply with section 9-1.17D(2)(b). The attest documentation prepared by the CPA in connection with the audit must be reproduced and submitted for review with the audit report.
9-1.17D(2)(d) Waiver
Add to 1st paragraph in section 9-1.17D(2)(d).
You did not comply with applicable notice or protest requirements including but not limited to:
section 4-1.06
section 5-1.06
section 5-1.42
section 8-1.07
9-1.17D(3) Final Determination of Claims
Delete 6th paragraph in section 9-1.17D(3)
9-1.22 CLAIM RESOLUTION PROCEDURE
Replace section 9-1.22 with:
Claim Resolution Procedure is substituted for arbitration provisions and is as follows:
1. For all claims contested by the Engineer and not included in the semifinal estimate, the Engineer may request additional information within 30 days of submittal of the semifinal estimate. A proof of mailing or delivery must be retained.
DocuSign Envelope ID: C1A9B8EB-479C-48C0-8FA7-F9BE0F92AA6C 51 | P a g e CIP 2295-16 – Measure K-14 Street Rehabilitation and Repair Project
2. You must submit to the Engineer the information requested for each claim within 30 days of the date of mailing of the Engineer’s request. Proof of mailing or Engineer’s receipt will be retained for the submittal. Failure to timely submit the information requested is deemed a waiver of the claim.
3. The Engineer will submit a written response to you for each claim within 30 days after the date of mailing of your submittal, or if the Engineer did not request additional information, within 30 days of submittal of the semifinal estimate.
4. If you dispute the Engineer’s written response to any claim, or the Engineer fails to respond within the time specified, you must notify the Engineer in writing, either within 15 days of the Engineer’s response or the Engineer’s failure to respond within the specified time period, and demand an informal meeting to discuss and attempt to settle the issues remaining in dispute. Upon receipt of such a demand, the Engineer will schedule such a meeting within 30 days.
5. Either party may request non-binding mediation at any time following the informal meeting in an attempt to settle any issues remaining in dispute. If both sides agree to mediation and agree on a mediator, the parties must pay equally the fees and expenses of the mediator. The parties must select a disinterested third person as mediator within 15 days following a written agreement to mediate and the mediation must commence within 30 days of selection of the mediator unless the parties mutually agree otherwise. If the parties fail to select a mediator within the 15-day period, any party may bring an action in court subject to the provisions of this Agreement.
Upon the successful completion of the Contractor’s notification process for the completion of the work improvements specified within Special Provisions Section 5, and upon the prerequisite documentation specified below, then the Engineer shall prepare a final, itemized statement of quantities and payment due, which statement shall be verified in writing by the Contractor. Upon acceptance of the Work by the City, the City shall file a "Notice of Completion". Thirty-five (35) days after City Council’s acceptance and filing of the Notice of Completion, the final payment shall be made to the Contractor.
Prerequisite Documentation Required Prior to Issuing Final Payment. In additional to the requirements for Final Payment set forth in the other contract documents, the Final Payment shall not become due tp the Contractor until the following has been submitted to the Engineer (Note: the Engineer reserves the right to not requirement any of the below submittals which the Engineer determines, in his/her sole discretion, is not applicable to a particular project):
1. A full, complete and proper Final Application for Payment showing the proposed total amount due the Contractor, segregated as to Contract quantities, changes in the work, and other basis for payments; deductions made or to be made for prior payments; amounts to be retained; any Claims the Contractor intends to file at that time or a statement that no Claims will be filed; and any unsettled Claims, stating amounts;
2. Written consent of surety(ies) to Final Payment;
3. Contractor’s written assurance that identified corrective work not complete and accepted will be completed by a stated date agreeable to the City;
4. The required as-built drawings of the installed improvements including existing substructures encountered (in reproducible format);
5. Reasonable proof that taxes, fees and similar obligations of Contractor have been paid;
6. Documentation that Contractor has inspected, tested, and adjusted performance of every system or facility of the work to ensure that overall performance is in compliance with terms of the Contract Documents;
7. Reasonable proof that Contractor has discontinued and removed temporary facilities and services from the work zone, along with construction tools and facilities, forms, and similar items except for Contractor’s field office;
8. Reasonable proof that Contractor has provided instructions for the City’s operation personnel on systems and equipment operational requirements;
9. A report on performance of completed installations after adjustment that appear unable to comply with the requirements of the Contract Documents;
10. The operating manuals for operating and maintaining the work; and DocuSign Envelope ID: C1A9B8EB-479C-48C0-8FA7-F9BE0F92AA6C 52 | P a g e CIP 2295-16 – Measure K-14 Street Rehabilitation and Repair Project
11. A copy of all warranties from vendors and subcontractors, operations and maintenance manuals, instructions and related agreements, equipment certifications and similar documents, and maintenance and operating instructions.
Disbursement of Final Payment. Pursuant to Public Contract Code Section 7107, if there is any dispute between the City and the Contractor at the time that disbursement of the Final Payment is due, then City may withhold from disbursement of the Final Payment an amount not to exceed one hundred fifty percent (150%) of the amount in dispute.
No Waiver of Claims by City. The making of Final Payment shall not constitute a waiver of any claims by the City including, but not limited to:
1. Unsettled stop payment notices;
2. Faulty or defective work;
3. Failure of the work to comply with the requirements of the Contract Documents;
4. Terms of special warranties required by the Contract Documents; or
5. Any other cause, unless specifically waived by the City in writing.
Waiver of Claims by Contractor, Subcontractors, and Suppliers. Acceptance of Final Payment by the Contractor, a subcontractor, or a material supplier shall constitute a waiver of claims by the payee except those previously made properly in writing in accordance with the Contract Documents and identified by the payee as unsettled at the time of Final Application for Payment.
6.04 PROMPT PAYMENT OF FUNDS WITHHELD TO SUBCONTRACTORS The City shall hold retention from the Contractor and shall make prompt and regular incremental acceptances of portions, as determined by the City, of the Work, and pay retention to the Contractor based on these acceptances. The Contractor shall return all monies withheld in retention from a subcontractor within 30 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the Work by the City. Federal law (49CFR26.29) requires that any delay or postponement of payment over 30 days may take place only for good cause and with the City’s prior written approval. Any violation of this provision shall subject the violating Contractor to the penalties, sanctions and other remedies specified in Section 7108.5 of the Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the Contractor in the event of a dispute involving late payment or nonpayment by the Contractor, deficient subcontract performance, or noncompliance by a subcontractor.
6.05 RELEASE OF RETENTION
The release of retention shall be made pursuant to Public Contract Code Section 7107. Within 60- calendar days after the date of completion of the work of improvements and the establishment of the Contract acceptance date in accordance with the Special Provisions 5.20, “Completion of the Work of Improvements”, the retention withheld by the City shall be released. In the event of a dispute between the City and the Contractor, the City may withhold from the release of retention an amount not to exceed one hundred fifty percent (150%) of the disputed amount. This code provision will be administered as either (1) all 150% may be withheld from the Final Payment, (2) all 150% may be withheld from the retention, or (3) a combination of withhold from both the Final Payment and retention in an amount not to exceed 150%.
DocuSign Envelope ID: C1A9B8EB-479C-48C0-8FA7-F9BE0F92AA6C 53 | P a g e CIP 2295-16 – Measure K-14 Street Rehabilitation and Repair Project SECTION 7. REFERENCE INFORMATION
7.01 GEOTECHNICAL INFORMATION
Not applicable.
7.02 REFERENCE INFORMATION AVAILABLE AT THE CITY
The following reference information is available for review at the City of Grover Beach, Department of Public Works, 154 South 8th Street, Grover Beach, California, between the hours of 8:00 a.m. and Noon, and 1:00 p.m. and 4:30 p.m. on business days that the City is open. • City’s Circulation Element of the General Plan (also available on the City’s website) • The Bicycle Master Plan (also available on the City’s website) • Water Atlas
• Sewer Atlas
• Stormwater Atlas (under development, draft available for review at City) • Record drawings of road improvements
• Record drawings of tract developments (limited information available) • City of Grover Beach Quality Assurance Plan
DocuSign Envelope ID: C1A9B8EB-479C-48C0-8FA7-F9BE0F92AA6C 54 | P a g e CIP 2295-16 – Measure K-14 Street Rehabilitation and Repair Project SECTION 8. MATERIALS
8.01 GENERAL
Attention is directed to Section 6-3, "Quality," of the Standard Specifications and these Special Provisions.
All materials required to complete the Work under this Contract, except City-furnished materials as specified in Section 10 of these Special Provisions, shall be furnished by the Contractor.
8.02 TESTING
Testing shall conform to the provisions of Section 6-3, "Quality," of the Standard Specifications and these Special Provisions. Relative compaction tests may be performed by the Engineer in accordance with Test Method No. Calif. 216F, ASTM D 698, ASTM D 1556, ASTM D 1557, ASTM D 2937, ASTM D 2922 and/or ASTM D 2049. Testing frequency and location shall comply with the City of Grover Beach Quality Assurance/Quality Control (QA/QC) program. The Contractor shall provide the number and frequency of samples required by the QA/QC plan.
Full compensation for conforming to this section will be considered as included in the price paid for the Work involving testing and no separate payment will be made therefore.
8.03 FOREIGN MATERIALS
In the event the Engineer desires to witness the testing or perform in-plant inspection of foreign materials and equipment, the full cost of the Engineer's transportation and subsistence connected therewith shall be borne by the Contractor.
Note that the City has no testing facilities of its own and the Contractor shall provide all required facilities for testing foreign materials and equipment.
Full compensation for conforming to this section will be considered as included in the price paid for the Work involving foreign materials and equipment and no separate payment will be made therefore.
8.04 CITY-FURNISHED MATERIALS
Attention is directed to Section 6-2.03, "Department-Furnished Materials," of the Standard Specifications and these Special Provisions.
The City-furnished materials include only the following:
• Water will be provided to the Contractor free of charge at a location to be designated by the Engineer. The Contractor shall submit to the Engineer a RFI requesting for a fire hydrant meter, and indicate an approximate location where to locate the meter. The City will evaluate the request and advise of any alternations of locations if needed.
All other materials required to perform the Work shall be furnished by the Contractor.
8.05 QUALITY ASSURANCE
The City uses a Quality Assurance Program (QAP) to ensure a material is produced to comply with the Contract. Records and reports of tests the City performs may be examined if they are available at the job site. Contractor shall schedule the work to allow time for QAP testing.
DocuSign Envelope ID: C1A9B8EB-479C-48C0-8FA7-F9BE0F92AA6C 55 | P a g e CIP 2295-16 – Measure K-14 Street Rehabilitation and Repair Project SECTION 9. DESCRIPTION OF WORK
The Work, in general, consists of furnishing all materials, labor, equipment, tools, transportation and services for
MEASURE K-14 STREET REHABILITATION AND REPAIR PROJECT, CIP 2295-16 • N. 2ND STREET, SARATOGA AVENUE TO NEWPORT AVENUE & ATLANTIC CITY TO PARK VIEW • N. 2ND STREET, ATLANTIC CITY TO PARK VIEW
• FRONT STREET, NEWPORT AVENUE TO PARK VIEW AVENUE
• RAMONA AVENUE, N. 10TH STREET TO N. 14TH STREET
• SARATOGA AVENUE, FRONT STREET TO N. 8TH STREET
• BECKETT AVENUE, BRIGHTON AVENUE TO NEWPORT AVENUE
In general, the Base Bid Work shall be a cape seal of approximately 20 blocks, including and not necessarily limited to, including and not necessarily limited to, project management and controls activities, mobilization activities, public notification and interaction activities, construction surveying and staking, traffic control, water pollution control practices, pre- and post-construction survey monument protection and establishment, adjustment of pavement surface features (water utility boxes and valves, sewer manholes, storm drain manholes, and survey monument wells), clearing and grubbing of debris (plant, soil, abandoned landscape features, etc.) within the Work limits, landscaping and irrigation repair, resetting of mailboxes, resetting of sign posts, tree trimming, earthwork cutting and backfilling, removal of existing asphalt, roadway preparation, hot mix asphalt repaving street surface and conform areas, hot mix asphalt dike installation, concrete curb and gutter, concrete cross-gutter, concrete sidewalks, accessibility improvements, signage and installation of pavement striping and markings.
Broken concrete or asphalt or other deleterious material is to become the property of the Contractor and shall be disposed of in accordance with the Standard Specifications. The contractor is responsible for anything that is damaged by construction activities in the right of way or on private property. Existing irrigation facilities are not shown on the plans. It is the Contractor’s responsibility to repair any irrigation damaged by construction activities regardless of whether the facilities are marked or shown on the plans.
Such other items and details, not mentioned above, that are required by the plans, Standard Specifications or these Special Provisions shall be performed, placed, constructed or installed.
DocuSign Envelope ID: C1A9B8EB-479C-48C0-8FA7-F9BE0F92AA6C 56 | P a g e CIP 2295-16 – Measure K-14 Street Rehabilitation and Repair Project SECTION 10. TECHNICAL SPECIFICATIONS
DocuSign Envelope ID: C1A9B8EB-479C-48C0-8FA7-F9BE0F92AA6C CIP 2295-16 Page 54
SECTION 10. CONSTRUCTION DETAILS
SECTION 10-1 GENERAL
10-1.01 MOBILIZATION
Mobilization shall conform to the provisions in Section 9-1.16D, “MOBILIZATION,” of the Standard Specifications, these Special Provisions, per the direction of the ENGINEER, and as shown on the plans.
Prior to construction, the Contractor shall video record the existing conditions of the work area and adjacent improvements or landscaping. Submit pre-construction video(s) to ENGINEER prior to commencing work. Preconstruction video must be clear enough for ENGINEER to discern the location, condition, and extent of the existing improvements within and adjacent to all work areas. Full compensation for the pre-construction video shall be considered as included in the lump sum payment for Bid Item, Mobilization, and no additional compensation will be allowed therefor.
PAYMENT
Full compensation for Mobilization, including all labor, materials, tools, equipment and incidentals and conforming to all applicable provisions of the Standard Specifications, these Special Provisions, and the requirements of the ENGINEER shall be considered as included in the lump sum price paid for Bid Item, Mobilization, complete and in-place, and no additional compensation will be allowed therefor.
10-1.02 CONSTRUCTION SURVEYING
Construction Surveying shall conform to the provisions in Section 5, “CONTROL OF WORK,” of the Standard Specifications, these Special Provisions, per the direction of the ENGINEER, and as shown on the plans.
The Contractor shall be responsible for all project construction surveying and for reference, replacement and recording of all survey monuments, and shall include this in the bid.
No grade setting, staking or survey services will be performed by the ENGINEER.
Surveying shall be performed by a Land Surveyor registered in the State of California.
The ENGINEER reserves the right to check the Contractor's work at any time during the project. Checks performed by the ENGINEER will not relieve the Contractor from responsibility to properly locate and construct the Work in accordance with these Contract Documents.
All stakes shall be set to the tolerances defined in the most current edition of the Caltrans Survey Manual. Stakes must be set to the minimum spacing defined in the Caltrans Survey Manual or to the satisfaction of the ENGINEER.
Detailed construction staking cut-sheets shall be submitted to the ENGINEER in the format shown in Appendix A along with a point plot showing the locations and stake numbers of stakes installed in relation to the proposed improvements. All stakes or marks installed in the field shall be included in the submitted cut-sheets. Cut-sheets shall be made by the Land Surveyor performing the construction staking and shall be submitted within 48 hours of placing stakes and least 24 hours prior to pouring concrete or removing stakes to allow for inspection of forms and grades.
DocuSign Envelope ID: C1A9B8EB-479C-48C0-8FA7-F9BE0F92AA6C CIP 2295-16 Page 55
PAYMENT
Full compensation for Construction Surveying, including all labor, materials, tools, equipment, cut-sheets and incidentals and conforming to all applicable provisions of the Standard Specifications, these Special Provisions, and the requirements of the ENGINEER shall be considered as included in the lump sum price paid for Bid Item, Construction Surveying, complete and in-place, and no additional compensation will be allowed therefor.
The City will pay you for Construction Surveying as follows:
1. A total of 50 percent of the item upon completion of all curb ramps. This 50 percent of the item may be partially paid based on the percentage of total curb ramps completed.
2. An additional 10% of the item for each stage of roadway rehabilitation work, including paving, which is completed.
3. A total of 100 percent of the item upon completion of all concrete and paving work.
10-1.03 SURVEY MONUMENT PRESERVATION
Survey Monument Preservation shall conform to the provisions in Section 81, “MONUMENTS,” of the Standard Specifications, these Special Provisions, per the direction of the ENGINEER, and as shown on the plans.
Contractor shall preserve or replace all survey monuments per the Standard Specifications, these Special Provisions, and the project plans. An individual licensed to practice land surveying in the State of California shall be in responsible charge of identification, preservation, and reestablishment of any monuments damaged or destroyed during the course of construction. Attention is directed to Record of Survey attached to these Special Provisions.
Corner records, or other statutory required documentation, both before and after construction, shall be provided as described in the Professional Land Surveyors Act.
Submit corner record, or other statutory required documentation for perpetuating the current position of the monuments prior to disturbing any survey monuments. Submit a final signed and recorded corner record, and any other statutory required documentation of all replaced survey monuments.
Standard Street Monuments and Straddler monuments shall be reestablished and installed per the appropriate detail on the project plans. New monument boxes shall be provided for replaced Standard Street Monuments per City standard detail B.13. Lid of monument box shall say “MONUMENT.” All other monuments shall be replaced in kind.
Concrete for concrete collars shall be per Section 90 of the Standard Specifications, class 1, minimum 7 sack cementitious material, with 2% non-corrosive polar set to allow expedited traffic use (less than 24 hour cure time) and be troweled to street grade.
PAYMENT
Full compensation for Survey Monument Preservation, including all labor, materials, tools, equipment, disposal, recording fees and incidentals and conforming to all applicable provisions of the Standard Specifications, these Special Provisions, and the requirements of the ENGINEER shall be considered as included in the lump sum price DocuSign Envelope ID: C1A9B8EB-479C-48C0-8FA7-F9BE0F92AA6C CIP 2295-16 Page 56
paid for Bid Item, Survey Monument Preservation, complete and in-place, and no additional compensation will be allowed therefor.
10-1.04 WATER POLLUTION CONTROL PROGRAM
Water Pollution Control Program shall conform to the provisions in Section 13, “WATER POLUTION CONTROL,” of the Standard Specifications, these Special Provisions, per the direction of the ENGINEER, and as shown on the plans.
Monitor and inspect the work site per Section 13-1.03B&C of the Standard Specifications.
Submit Stormwater Site Inspection Reports to the ENGINEER within 24 hours of completing the inspection. Correct any deficiencies found per Section 13-1.03D.
Monitoring, inspections, submitting inspection reports, and correcting deficiencies shall be considered as included in the lump sum price for Bid Item, Water Pollution Control Program and no additional compensation will be allowed therefor.
PAYMENT
Full compensation for Water Pollution Control Program, including all labor, materials, tools, equipment and incidentals and conforming to all applicable provisions of the Standard Specifications, these Special Provisions, and the requirements of the ENGINEER shall be considered as included in the lump sum price paid for Bid Item, Water Pollution Control Program, complete and in-place, and no additional compensation will be allowed therefor.
10-1.05 TRAFFIC CONTROL SYSTEMS
Traffic Control Systems shall conform to the provisions in Section 12, “TEMPORARY TRAFFIC CONTROL,” of the Standard Specifications, these Special Provisions, per the direction of the ENGINEER, and as shown on the plans.
Attention is directed to Section 7–1.03, “Public Convenience”, Section 7-1.04, “Public Safety”, and Section 12, “Temporary Traffic Control”, of the Standard Specifications and other relevant sections related to public safety in these Special Provisions or on the Drawings. Nothing in these provisions shall be construed as relieving the Contractor from his responsibility as provided in said Section 7-1.04.
Flagging, placing and installing temporary traffic-handling equipment and devices, maintaining traffic, placing and installing temporary traffic control systems, placing temporary pavement delineation shall be in compliance with an approved traffic control plan and ENGINEER authorized field adjustments.
Section 12-1.03 of the Standard Specifications does not apply and the City will not share the cost of flagging. All work specified in section 12-1.03, including furnishing flaggers, transporting flaggers, furnishing stands and towers, furnishing and operating pilot cars, and furnishing any other traffic control device for the safe passage of traffic through the work as specified in Sections 7-1.03 and 7-1.04 shall be considered as included in the prices paid for the various contract items of work, and no additional compensation will be allowed therefor.
If barricades are required after sunset, lights and flashing beacons are required.
Designated holidays are listed in Section 5, General.
The Contractor shall prepare and submit Traffic Control Plans (TCPs) to the ENGINEER for review and approval. TCPs shall be developed, stamped, and signed by a registered DocuSign Envelope ID: C1A9B8EB-479C-48C0-8FA7-F9BE0F92AA6C CIP 2295-16 Page 57
ENGINEER in the State of California. Separate TCPs shall be developed and submitted for each stage and phase listed in the table below.
TCPs shall show all proposed street closures, detours, lists and locations of signing, delineation of temporary striping and pavement markings, shifting of traffic, lane widths, description of construction activity, and schedule of various phases. All TCPs shall be prepared in accordance with the California Manual on Uniform Traffic Control Devices (MUTCD) and standard traffic control system plans. TCPs shall be submitted within 14 days after the Notice to Proceed and shall be available at the pre-construction meeting, whichever occurs first.
Work shall not commence until the TCP(s) is approved by the ENGINEER.
For a one-way-reversing traffic-control lane closure, traffic may be stopped in 1 direction for periods not to exceed 5 minutes. After each stoppage, all accumulated traffic for that direction must pass through the work zone before another stoppage is made.
If work vehicles or equipment are parked within 6 feet of a traffic lane, close the shoulder area.
A minimum of 1 drivable traffic lane not less than 10 feet wide must be open for use by traffic at all times.
All traffic control and lane closures must allow for the regular scheduled trash collection and local access by residents and emergency vehicles. Notify City Fire Department, Police Department, and garbage company a minimum of 24 hours prior to closing any lanes.
The Contractor shall coordinate with the garbage company, South County Sanitary Services, for trash collection within the area or work, including making any provisions necessary to ensure that the Contractor’s work does not disrupt trash collection.
PAYMENT
Full compensation for Traffic Control Systems, including the preparation of all TCPs, all labor, materials, tools, equipment and incidentals and conforming to all applicable provisions of the Standard Specifications, these Special Provisions, and the requirements of the ENGINEER shall be considered as included in the lump sum price paid for Bid Item, Traffic Control Systems, complete and in-place, and no additional compensation will be allowed therefor.
10-1.06 PORTABLE CHANGEABLE MESSAGE SIGN
Portable Changeable Message Sign (PCMS) shall conform to the provisions in Section 12-3.12, “PORTABLE CHANGEABLE MESSAGE SIGNS,” of the Standard Specifications, these Special Provisions, per the direction of the ENGINEER, and as shown on the plans.
PAYMENT
Full compensation for Portable Changeable Message Sign, including all labor, materials, tools, equipment and incidentals and conforming to all applicable provisions of the Standard Specifications, these Special Provisions, and the requirements of the ENGINEER shall be considered as included in the price paid per each for Bid Item, Portable Changeable Message Sign, complete and in-place, and no additional compensation will be allowed therefor. Moving and changing the message on the DocuSign Envelope ID: C1A9B8EB-479C-48C0-8FA7-F9BE0F92AA6C CIP 2295-16 Page 58
portable message sign as directed by the ENGINEER shall be considered as included in the price paid per each for Bid Item, Portable Changeable Message Sign. 10-1.07 PUBLIC NOTIFICATIONS
General. “Door Knob” notification hangers identified within these Special Provisions shall be printed on card stock and suitable to hang on the front door of a resident or business.
The Contractor shall use a low adhesive tape (e.g., painter’s tape) to post notification hangers on doors that do not accommodate such hangers, taking care not to impact the door’s paint or finish. The Contractor shall submit all Door Knob notification hangers for review and approval by the City prior to distribution.
General Project Notification. The Contractor shall notify the affected residents and businesses four calendar days in advance of the start of project work. Notification shall be done by using “door knob” type notices which shall include a description of the impending work, the date and time when traffic will be restricted, and a date and time when parking will not be allowed along the street scheduled for renovation. Contractor shall submit a sample notice for review and approval by the City ten working days prior to distribution. Contractor shall coordinate with the ENGINEER prior to distributing notifications. Within 24 hours of distributing notifications, provide the ENGINEER with a list all addresses and business names that notifications were distributed to. Notifications are to be re-distributed at the beginning of each stage.
Street Closure Notification. Any street closure will require approval of the ENGINEER and must be coordinated 10 calendar days prior to the date of the anticipated street closure. Street surfaces shall be restored and reopened for the safe flow of traffic no later than the time specified by the ENGINEER.
Property Owner Notification: The Contractor shall prepare an itemized list of all private improvements within right-of-way that are in conflict with proposed roadway and/or frontage improvements. Private improvements include but are not limited to: fences, pavers, landscape rock, planted landscaping, decorative features and retaining walls.
Itemize list by address and request the property owner contact information from the City by submitting a request at [email protected]. Allow ten working days for the information to be provided. Contractor shall notify property owners no less than 10 working days in advance of demolition work. Notification method shall be both via direct contact with the owner and in writing using “door knob” hangers. Contractor shall take note that property owners may not reside at the property in question, yet it is important that the owner is contacted and made aware of the impending work so they can notify the tenants who live at the property. Contractor shall make personal contact with owners inperson, via telephone, or via mail (listed in order of preference). The notice shall include the description of the impending work, request for property owner’s removal of the identified improvements that are interfering with the work, and the timing when the area needs cleared but not less than 10 working days from when the Contractor wants to perform the work. Submit summary of owner coordination to ENGINEER. Summary shall be in table form and include address, owner name of contact person, phone number, date of correspondence and how and when the property owner was contacted.
Example of owner coordination summary table:
Property
Address
Owner
Name Phone Date of Correspondence Correspondence
114 Atlantic
City Avenue First Last (123) 456-7890
1/2/2018 Notice hand
delivered
1/4/2018 Met at site
DocuSign Envelope ID: C1A9B8EB-479C-48C0-8FA7-F9BE0F92AA6C CIP 2295-16 Page 59
122 Atlantic
City Avenue First Last (123) 456-7890 1/2/2018 Notice hand delivered 138 Atlantic
City Avenue
First Last (123) 456-7890
1/2/2018 Notice mailed
1/4/2018 Phone
Local Notification. Ten working days prior to beginning construction, the Contractor shall assist in notifying local schools, hospitals, ambulance services, police and fire departments, transit agencies, refuse collectors and Underground Service Alert (USA) of its schedule of work.
1. City of Grover Beach Public Works Department (805) 473-4530
2. City of Grover Beach Fire Department (805) 473-5490
3. City of Grover Beach Police Department (805) 473-4511 (Non-Emergency)
4. Residences and businesses within the closure area (if local traffic or access is to be prohibited or restricted)
5. Affected Local Businesses
6. SLO RTA / SoCoTransit (805) 781-4472
7. South County Sanitary Services (805) 489-4246
No Parking Notification. The Contractor shall furnish and place “No Parking” signs, 12 inches by 18 inches minimum size and approved by the ENGINEER, throughout the area of work at fifty-foot intervals, two working days prior to the start of construction. The signs shall include the dates and times during which parking is prohibited and shall reference Section 3305.26 of the Grover Beach Municipal Code (GBMC) in order to be enforceable by the Police Department. The Contractor shall remove these signs immediately when they are no longer needed.
The Contractor shall be fully responsible for the adequate removal of all parked cars. All vehicle removal shall be coordinated by the Contractor with the Police Department. The Contractor shall notify the Police Department upon posting of the parking restrictions for a particular street. For removal of parked vehicles, the Contractor shall notify the same party mentioned above not less than two hours prior to the needed removal with the address nearest the parked vehicle, make, model, color and license number. The City shall not be responsible for any delay or additional costs associated with the removal of parked cars which obstruct the construction operation.
If a vehicle owner successfully contests a towing citation in court, and their citation is dismissed for causes related to the Contractor's failure to perform the requirements of this section, the Contractor shall reimburse the City for the cost of any claims associated with the towing citation.
Changes to schedule. If for any reason the work is delayed or rescheduled after the required notifications have been issued, the Contractor shall re-date the signs affected, notify residents and businesses of the change via a new “door knob” notice, and recontact the local services and agencies. If the work is delayed more than five calendar days, the Contractor shall remove the no parking signs and place re-dated signs two working days in advance of the work.
Water System Notifications. Refer to Section “Replace 1-Inch Water Surface” of these Special Provisions for additional notification requirements.
DocuSign Envelope ID: C1A9B8EB-479C-48C0-8FA7-F9BE0F92AA6C CIP 2295-16 Page 60
PAYMENT
Full compensation for Public Notifications, including all labor, materials, tools, equipment and incidentals and conforming to all applicable provisions of the Standard Specifications, these Special Provisions, and the requirements of the ENGINEER shall be considered as included in the lump sum price paid for Bid Item, Public Notifications, complete and in-place, and no additional compensation will be allowed therefor. 10-1.08 CLEARING AND GRUBBING
Clearing and Grubbing shall conform to the provisions in Section 16, “CLEARING AND GRUBBING,” of the Standard Specifications, these Special Provisions, per the direction of the ENGINEER, and as shown on the plans.
Protect standing trees, plants, and improvements not marked for removal or demolition as shown on the plans to the satisfaction of the ENGINEER. Repair or replace any damaged trees, plants, existing features to remain, or improvements.
PAYMENT
Full compensation for Clearing and Grubbing, including all labor, materials, tools, equipment and incidentals and conforming to all applicable provisions of the Standard Specifications, these Special Provisions, and the requirements of the ENGINEER shall be considered as included in the lump sum price paid for Bid Item, Clearing and Grubbing, complete and in-place, and no additional compensation will be allowed therefor.
10-1.09 REPAIR LANDSCAPE AND IRRIGATION
Repair Landscape and Irrigation shall conform to the provisions in Section 20-2.03D, “MAINTAIN EXISTING PLANTED AREAS,” and Section 20-3.03B(5), “MAINTAIN EXISTING IRRIGATION FACILITES,” of the Standard Specifications, these Special Provisions, per the direction of the ENGINEER, and as shown on the plans.
Existing irrigation facilities are not shown on the plans. It is the Contractor’s responsibility to repair any irrigation damaged by construction activities regardless of whether the facilities are marked or shown on the plans. For purposes of bidding, the Contractor should assume that all residential parcels contain unmarked buried irrigation facilities. Flush all broken irrigation lines to remove dirt in lines prior to repairing and re-connecting.
Prior to commencing excavation or demolition operations, the Contractor shall perform (or have a resident perform) a functional test of each parcel’s irrigation in the presence of the ENGINEER. The Contractor shall notify the resident of upcoming work and the need to locate irrigation components. The Contractor shall request the resident turn on their front yard irrigation or request permission to do so themselves. The functional test shall be used to locate irrigation components as well as document any existing damage or deficiencies in the system before the Contractor begins construction operations.
PAYMENT
Full compensation for Repair Landscape and Irrigation, including all labor, materials, tools, equipment, functional tests, notifications, and incidentals and conforming to all applicable provisions of the Standard Specifications, these Special Provisions, and the requirements of the ENGINEER shall be considered as included in the lump sum price paid for Bid Item, Repair Landscape and Irrigation, complete and in-place, and no additional compensation will be allowed therefor.
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10-1.10 DRAINAGE INLET PROTECTION
Drainage Inlet Protection shall conform to the provisions in Section 13-6, “TEMPORARY SEDIMENT CONTROL,” of the Standard Specifications, these Special Provisions, per the direction of the ENGINEER, and as shown on the plans.
Provide temporary drainage inlet protection around drainage inlets as changing conditions require. Drainage inlet protection shall be Type 5 unless otherwise approved by the ENGINEER. Temporary drain inlet protection must be kept in working order to the satisfaction of the ENGINEER.
PAYMENT
Section 13-6.04 of the Standard Specifications shall not apply. Drainage Inlet Protection shall be paid as lump sum under the Bid Item, Water Pollution Control Program, regardless of the number of times inlet protection must be maintained, repaired, or replaced.
Full compensation for Drainage Inlet Protection, including all labor, materials, tools, equipment and incidentals and conforming to all applicable provisions of the Standard Specifications, these Special Provisions, and the requirements of the ENGINEER shall be considered as included in the lump sum price paid for Bid Item, Water Pollution Control Program, complete and in-place, and no additional compensation will be allowed therefor.
10-1.11 TREE TRIMMING
Tree Trimming shall conform to the provisions in Section 16, “CLEARING AND GRUBBING,” of the Standard Specifications, these Special Provisions, per the direction of the ENGINEER, and as shown on the plans.
Protect standing trees not marked for removal or demolition as shown on the plans.
Cut tree branches that extend a minimum distance of 12” beyond the edge of work limits and hang within 13.5 feet of finished grade.
PAYMENT
Full compensation for Tree Trimming, including all labor, materials, tools, equipment, disposal and incidentals and conforming to all applicable provisions of the Standard Specifications, these Special Provisions, and the requirements of the ENGINEER shall be considered as included in the lump sum price paid for Bid Item, Clearing and Grubbing, complete and in-place, and no additional compensation will be allowed therefor.
10-1.12 REMOVE EXISTING CONCRETE
Removal of existing concrete (including curb and gutter, curb ramps, sidewalk, cross gutters, spandrels, and driveways) shall conform to the provisions in Section 15-3, “CONCRETE REMOVAL,” of the Standard Specifications, these Special Provisions, per the direction of the ENGINEER, and as shown on the plans.
Where roots have caused concrete uplift, or where shown on the plans, cut and remove roots and install root barrier (NDS EP-2450/3650, NDS SM-2420/3620 or approved equal). Root barrier shall be minimum 24” tall at sidewalk, minimum 36” tall at curb and gutter, and extend a minimum of 3 feet beyond roots on each side. Install root barrier per DocuSign Envelope ID: C1A9B8EB-479C-48C0-8FA7-F9BE0F92AA6C CIP 2295-16 Page 62
manufacturer’s instructions. Payment for root removal and disposal, and root barrier, shall be considered as included in various other items of work.
Contractor and ENGINEER shall measure and agree on the area to be removed prior to starting removal.
PAYMENT
Full compensation for Remove Existing Concrete, including all labor, materials, tools, equipment, disposal and incidentals and conforming to all applicable provisions of the Standard Specifications, these Special Provisions, and the requirements of the ENGINEER shall be considered as included in the various other items of work, and no additional compensation will be allowed therefor.
10-1.13 REMOVE ASPHALT DIKE
Remove Asphalt Dike shall conform to the provisions in Section 15-2.02, “REMOVE,” of the Standard Specifications, these Special Provisions, per the direction of the ENGINEER, and as shown on the plans.
Before removing the dike, cut the outside edge of the asphalt concrete on a neat line and to a minimum depth of 0.17 foot.
PAYMENT
Full compensation for Remove Asphalt Dike, including all labor, materials, tools, equipment, disposal and incidentals and conforming to all applicable provisions of the Standard Specifications, these Special Provisions, and the requirements of the ENGINEER shall be considered as included in the various other items of work, and no additional compensation will be allowed therefor.
10-1.14 ROADWAY EXCAVATION
Roadway Excavation shall conform to the provisions in Section 19-2, “ROADWAY EXCAVATION,” of the Standard Specifications, these Special Provisions, per the direction of the ENGINEER, and as shown on the plans.
Surplus material shall become the property of the Contractor and shall be disposed of outside of the right-of-way. Ensure enough material is available to complete the embankments before disposing of it.
PAYMENT
Bid Item, Roadway Excavation, shall be paid as a final pay item per Section 9-1.02C of the Standard Specifications.
Full compensation for Roadway Excavation, including all labor, materials, tools, equipment, disposal and incidentals and conforming to all applicable provisions of the Standard Specifications, these Special Provisions, and the requirements of the ENGINEER shall be considered as included in the price paid per cubic yard for Bid Item, Roadway Excavation, complete and in-place, and no additional compensation will be allowed therefor.
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10-1.15 HOT MIX ASPHALT
Hot Mix Asphalt shall conform to the provisions in Section 39, “HOT MIX ASPHALT,” of the Standard Specifications, these Special Provisions, per the direction of the ENGINEER, and as shown on the plans.
The Standard HMA construction process shall be used. The Method HMA construction process may be used for driveways and miscellaneous HMA areas.
Use ½ inch HMA Type A aggregate gradation unless specified otherwise.
Use PG 64-10, in compliance with Section 92, for asphalt binder unless otherwise directed by the ENGINEER.
PAYMENT
Full compensation for Hot Mix Asphalt, including all labor, materials, tools, equipment and incidentals and conforming to all applicable provisions of the Standard Specifications, these Special Provisions, and the requirements of the ENGINEER shall be considered as included in the tonnage price paid for Bid Item, Hot Mix Asphalt, complete and in-place, and no additional compensation will be allowed therefor. 10-1.16 CLASS 2 AGGREGATE BASE
Class 2 Aggregate Base shall conform to the provisions in Section 26, “AGGREGATE BASES,” of the Standard Specifications, these Special Provisions, per the direction of the ENGINEER, and as shown on the plans.
Use ¾ inch maximum aggregate grading.
Moisture condition and compact subgrade to 95% relative compaction to a minimum depth of one foot prior to placing aggregate base.
Aggregate Base Driveways shall be measured and paid as Bid Item, Class 2 Aggregate Base. Excavation shall be considered as included.
PAYMENT
Full compensation for Class 2 Aggregate Base, including all labor, materials, tools, equipment and incidentals and conforming to all applicable provisions of the Standard Specifications, these Special Provisions, and the requirements of the ENGINEER shall be considered as included in the paid per cubic yard for Bid Item, Class 2 Aggregate Base, complete and in-place, and no additional compensation will be allowed therefor. 10-1.17 HOT MIX ASPHALT (DRIVEWAYS AND MISC. AREAS)
Hot Mix Asphalt (Misc. Areas) shall conform to the provisions in Section 39, “HOT MIX ASPHALT,” of the Standard Specifications, these Special Provisions, per the direction of the ENGINEER, and as shown on the plans.
Use ½ inch HMA (type A) aggregate gradation. The Method HMA construction process may be used for driveways and miscellaneous HMA areas.
Use PG 64-10 or PG 70-10, in compliance with Section 92, for asphalt binder unless otherwise directed by the ENGINEER.
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All HMA driveways are to be considered HMA (driveways and miscellaneous areas) in addition to areas marked on the plans. Miscellaneous HMA areas shall be constructed with 2 inches HMA (type A) over 4 inches class II aggregate base. Class II aggregate base shall be per Section 26, “AGGREGATE BASES,” of the Standard Specifications.
PAYMENT
Full compensation for Hot Mix Asphalt (Driveways and Misc. Areas), including all labor, materials, tools, equipment, disposal and incidentals and conforming to all applicable provisions of the Standard Specifications, these Special Provisions, and the requirements of the ENGINEER shall be considered as included in the square footage price paid for Bid Item, Hot Mix Asphalt (Driveways and Misc. Areas), complete and in-place, and no additional compensation will be allowed therefor.
10-1.18 HOT MIX ASPHALT DIKE
Hot Mix Asphalt Dike shall conform to the provisions in Section 39, “HOT MIX ASPHALT,” of the Standard Specifications, these Special Provisions, per the direction of the ENGINEER, and as shown on the plans.
Use ½ inch or 3/8 inch HMA Type A aggregate gradation.
Use PG 70-10, in compliance with Section 92, for asphalt binder used in HMA Dikes unless otherwise directed by the ENGINEER.
PAYMENT
Full compensation for Hot Mix Asphalt Dike, including all labor, materials, tools, equipment and incidentals and conforming to all applicable provisions of the Standard Specifications, these Special Provisions, and the requirements of the ENGINEER shall be considered as included in the linear footage price paid for Bid Item, Hot Mix Asphalt Dike (Type A) and Hot Mix Asphalt Dike (Type E), complete and in-place, and no additional compensation will be allowed therefor. Payment for HMA Dike transition areas shall be evenly split between the linear price paid for Hot Mix Asphalt (Type A) and Hot Mix Asphalt Dike (Type E).
10-1.19 SLURRY SEAL
Slurry Seal shall conform to the provisions in Section 37-3, “SLURRY SEAL AND MICRO-SURFACING,” of the Standard Specifications, these Special Provisions, per the direction of the ENGINEER, and as shown on the plans.
Use Type II aggregate unless specified otherwise.
PAYMENT
Full compensation for Slurry Seal, including all labor, materials, tools, equipment and incidentals and conforming to all applicable provisions of the Standard Specifications, these Special Provisions, and the requirements of the ENGINEER shall be considered as included in the square footage price paid for Bid Item, Slurry Seal, complete and in-place, and no additional compensation will be allowed therefor.
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10-1.20 CONCRETE CURB AND GUTTER, SIDEWALK, CURB RAMPS, SPANDRELS,
RETAINING CURBS, CROSS GUTTERS, DRIVEWAYS, AND DETECTABLE
WARNING SURFACES
Concrete Curb and Gutter, Sidewalk, Curb Ramps, Spandrels, Retaining Curbs, Cross Gutters, Driveways, and Detectable Warning Surfaces shall conform to the provisions in Section 73, “CONCRETE CURBS AND SIDEWALKS,” of the Standard Specifications, these Special Provisions, per the direction of the ENGINEER, and as shown on the plans.
Detectable warning surface installed on new concrete must be Cast-in-Place and on the Caltrans Authorized Materials List except where noted on the plans. Detectable warning surface installed on existing concrete must be on the Caltrans Authorized Materials List but may be surface applied (retrofit).
Remove, replace, and reconnect any existing sidewalk underdrains within the limits of new sidewalk or curb ramp. Removing, replacing, and reconnecting any existing underdrains shall be considered as included in the price paid per square foot of sidewalk or curb ramp and no additional compensation will be allowed therefor. Replace sidewalk underdrains per Standard Plan 150-3, “Curb Drain” of the Standard Plans for Public Works Construction.
Replace HMA road section (pave-out) within 1-week of pouring concrete curb and gutter, spandrel and cross-gutter. Until the permanent pavement adjacent to the concrete gutter and spandrels is placed, cold-mix asphalt shall be maintained at all times at a grade level with the street, suitable for the safe passage of traffic. Temporary cold-mix patching must be maintained daily, kept in a smooth, firm, dust-free condition. Where allowed by the ENGINEER, temporary cold-mix patching may be maintained until the remainder of the street’s pavement restoration work begins. Installation, maintenance, and removal of temporary cold-mix patching shall be considered as included in the price paid for the various concrete bid items.
Concrete shall comply with Section 90 of the Standard Specifications.
Aggregate base shall comply with Section 26 of the Standard Specifications.
Earthwork shall comply with Section 19 and 77-1 of the Standard Specifications.
Prepare subgrade to required grade and cross sections as shown on the plans. Fill any excavation made below the base subgrade with imported base material approved by the ENGINEER.
Prepare subgrade to optimum moisture content and compacted to a relative compaction of ninety-five percent relative density. Use mechanical compacting equipment.
Remove all form and construction debris. Backfill all excavations to grade. Backfill all landscape areas with clean native soil and cover with 2 inches of mulch unless shown otherwise on the plans. The area adjacent to back of sidewalk must be:
1. Level,
2. Properly sloped, or
3. Retaining curb or wall constructed.
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Curb ramps shall be measured as square footage (from a plan view perspective) from the beginning to the end of the ramp and include sidewalk transitions, curb and gutter, retaining curbs, and detectable warning surfaces. Curb ramps shall be paid as Bid Item, Concrete Curb Ramp.
Sidewalk, outside of the curb ramps and sidewalk transition zones, shall be measured as square footage from the top back of curb and paid as Bid Item, Concrete Sidewalk.
Curb and gutter, outside of the curb ramps and sidewalk transition zones, shall be measured as linear footage and paid as Bid Item, Concrete Curb and Gutter.
Spandrels adjacent to curb ramps shall be considered as included in Bid Item, Concrete Curb Ramp.
Spandrels adjacent to concrete curb without a ramp shall be measured as square footage and paid as Bid Item, Concrete Curb and Spandrel.
Concrete curb, outside of curb ramps and spandrels, shall be measured as linear footage and paid as Bit Item, Concrete Curb.
Cross gutters shall be measured as square footage between spandrels. Cross gutters shall be considered as included in Bid Item, Concrete Cross Gutter.
Concrete driveways, including gutter and driveway approaches shall be measured as square footage and paid as Bid Item, Concrete Driveway.
PAYMENT
Full compensation for Concrete Curb and Gutter, Sidewalk, Curb Ramps, Spandrels, Retaining Curbs, Cross Gutters, and Driveways, including all labor, materials, tools, equipment and incidentals and conforming to all applicable provisions of the Standard Specifications, these Special Provisions, and the requirements of the ENGINEER shall be considered as included in the square footage or linear footage price paid for the Bid Items as noted above, complete and in-place, and no additional compensation will be allowed therefor.
Excavation, preparing subgrade, placing and compacting sand or aggregate base for Concrete Curb and Gutter, Sidewalk, Curb Ramps, Spandrels, Retaining Curbs, Cross Gutters, and Driveways shall be considered as included in the various prices paid per square foot or linear foot for the Bid Items as noted above, complete and in-place, and no additional compensation will be allowed therefor.
Full compensation for Detectable Warning Surface, including all labor, materials, tools, equipment and incidentals and conforming to all applicable provisions of the Standard Specifications, these Special Provisions, and the requirements of the ENGINEER shall be considered as included in the price paid for Bid Item, Concrete Curb Ramp, complete and in-place, and no additional compensation will be allowed therefor. 10-1.21 WATER SUPPLY IMPROVEMENTS
New water services, fire hydrants, water piping, water valves, and other water system components shall conform to the provisions of the City of Grover Beach Standard Specifications, Standard Drawings, these Special Provisions, per the direction of the ENGINEER, and as shown on the plans. Payment for all work associated with water DocuSign Envelope ID: C1A9B8EB-479C-48C0-8FA7-F9BE0F92AA6C CIP 2295-16 Page 67
supply shall be considered as included in the various Bid Items, and no additional compensation will be allowed therefor.
Contractor will conduct a pre-construction conference with the City of Grover Beach Water Department a minimum of 10 working days prior to beginning work on the water supply system. Notify City of Grover Beach minimum 10 working days prior to start of work – (805) 473-4530 – [email protected].
Potholing. The Contractor’s attention is directed to the provisions of Section 5, subsection titled “Underground Facilities” of the Special Provisions for water supply investigation requirements.
Notifications. The Contractor must prepare a notification that describes the water service disruption, and must distribute the notice to all residences within the affected area of the water supply shutdown. The notice must make it clear that water service disruption on the scheduled day of the service disruption can extend up to 8 hours, between the hours of 8 am and 5 pm. A sample of the notification is included within this Section. Upon 10 days notification to the City Public Works Department, via email at [email protected], the City will provide the contractor with an approved PDF of the notification for copying and distribution. The Notice must inform residents that every effort will be made to remove accumulated air in the residential service lines, but that residences should be aware that it is normal to have a small amount of air collect in the household water supply system. Residents should be instructed to slowly open faucets and remove any collected air prior to full use. The Notice must be specific as to the date and time interval of the shutdown, and such notice must be provided to the affected residence with a 48 to 72 hour notice of the Work. Do not notice residences in advance of the specified time. If Work schedule extends or delays, re-notice residences such that the notice remains within the specified calendar day noticing time specified above. These notifications must be securely attached to the residences/businesses doors no less than 48 hours prior to the water service work when the service will be shutdown.
Service shutdowns must begin no earlier than 8:00 a.m., and must be fully restored no later than 5:00 p.m. that day.
The Contractor will be responsible for the cost of additional public notifications if water supply system work is delayed due to the Contractor’s operations.
The water main valves will be operated only by the City Public Works Department personnel. The Contractor must notify the ENGINEER no fewer than ten (10) working days ahead of when the work on a water system is scheduled to begin. The day of the work, the City’s Public Works Department personnel will close and operate the water main isolation valves. The Contractor shall expect there to be leakage water, perhaps significant, from the aged water system within the City. City personnel will endeavor to shut off the flow to the greatest extent possible. The timeline of water shutdown will vary, and it is the Contractor’s responsibility to plan their work to accommodate the shutdown regardless of the length of time necessary to shut the water main valves. All of the Contractor’s costs associated the time necessary for the City crews shutting the water mains off shall be included within the various Bid Items, and no additional compensation will be provided therefore.
The Contractor shall be responsible for closing the service valves for all residences affected prior to the shutdown of water mains. The Contractor shall employ a visual indication system at each water service shut down box (e.g., color stake flags) to provide an at-a-glance indication as to whether the customer’s water service has been reestablished after the work is complete (place the visual indication marker at the service DocuSign Envelope ID: C1A9B8EB-479C-48C0-8FA7-F9BE0F92AA6C CIP 2295-16 Page 68
box when the service is shut off, and remove it after the service is re-established. At the conclusion of the work, the City’s Public Works Department personnel will re-energize the water system by opening the water main isolation valves. Contractor will turn services back on after line is pressurized making sure to bleed air trapped in each service at a hose bib. If the City receives weekday after-hour customer calls (calls between 4:30 p.m. and 7:00 a.m.) or anytime weekends, for no water service at a residence/business and the reason for the call was the failure of the Contractor to re-establish the service, then the Contractor will be back charged for labor and equipment for Public Work Utilities staff to re-establish the water service to the customer. The minimum back charge cost is $500 per customer callout after. The Contractor shall effectively employ the visual indication system at each water service shut down to avoid any back charges.
Relocating Water Services. Tie in new 1” water service to replace existing service at the locations shown on the Plans. The lengths shown on the Plans are the approximate length of the final water service configuration from the main to the water meter box. The typical water service replacement involves construction of new PVC service from the main to the water meter box, and some installation involves relocating the water meter box. The Contractor shall be prepared to work with and make connection to any pipe size and material on the customer-side of the meter, and this cost shall be included within the Bid Item. The typical steps needed to install the replacement of an existing water service are:
1. Hot tap and construct new services per City Standard,
2. Connect new services at the meter. Install a new customer shutoff valve at the meter per City standard drawing W.4 if one is not already present. Replace meter box per City standard.
3. Open and purge all air and debris at a hose bib at each residence,
4. Abandon existing services per City Standard.
Drain Water from Water System. All drained water shall be collected within a water truck and taken to the City’s Mentone Basin for discharge into the basin. Any water that cannot be collected within a water truck and that must be surface-discharged shall be dechlorinated.
The table below shows approved manufacturers and part number examples for water supply system components. The part number example identifies an acceptable product for use in determining an “or equal” product.
Water Supply System Approved Manufacturers and Parts
Part Approved Manufacturers Part Number Example
Angle Stop
(for customer side of meter)
Jones or Ford, with level handle For 1-inch Service:
Ford B13-444-HT-34-NL
Angle Meter Stop Mueller, Ford or Jones
Ball or Orsiseal design
For 1-inch Service:
Ford KV73-444-WAWT-NL
Corporation Stop Mueller, Ford or Jones For 1-inch Service:
Ford F1102-4-NL
Clamp Mueller, Ford or Jones Ford 202BS
Meter Box Brooks Products or Christy’s For 1-inch service:
Brooks Products 38S (cover with
meter read lid)
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Valve Box Brooks Products or Christy’s Christy’s G5
Fire Hydrant Clow Valve Company Clow 950 for residential areas.
Clow 960 for commercial areas.
Gate Valves 4-inches and larger,
with replaceable rubber
encapsulated wedge
Mueller or Clow Mueller Series 2360
Air/Vacuum Valve Covers Pipeline Products or equal Pipeline Products VCAS-1830- SM
Water System Sample Test
Station Covers
Pipeline Products or equal Pipeline Products WTSQ-658SS DocuSign Envelope ID: C1A9B8EB-479C-48C0-8FA7-F9BE0F92AA6C CIP 2295-16 Page 70
Sample Public Notification
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PAYMENT
Full compensation for Water Supply Improvements, including all labor, materials, tools, equipment and all incidentals and conforming to all of the applicable provisions of the City of Grover Beach Standard Specifications, Standard Drawings, these Special Provisions, and the requirements of the ENGINEER, shall be considered as included in the unit price paid for Bid Items, Relocate Water Service, Install New 10” Water Valve, Relocate Fire Hydrant, and Install Fire Hydrant Breakaway Spool, complete and in-place, and no additional compensation will be allowed therefor.
Sawcutting, excavation, preparing subgrade, placing and compacting select material, native material, aggregate base, and asphalt concrete to replace the roadway section shall be considered as included in the unit price paid for Bid Items mentioned above, complete and in-place, and no additional compensation will be allowed therefor. 10-1.22 ADJUST MANHOLE, SEWER CLEANOUT, WATER VALVE COVER, AND UTILITY
BOXES TO FINISHED SURFACE
Adjust Manhole, Sewer Cleanout, Water Valve Cover, Gas Valve Cover, and Utility Boxes to Finished Surface shall conform to the provisions in Section 15-2.10, “ADJUST,” of the Standard Specifications, the City of Grover Beach Standard Specifications and Standard Drawings, these Special Provisions, per the direction of the ENGINEER, and as shown on the plans.
Concrete for concrete collars shall be per Section 90 of the Standard Specifications, 658 pounds per cubic yard cementitious material, with 2% non-corrosive polar set to allow expedited traffic use (less than 24 hour cure time) and be troweled to street grade.
Concrete collar dimensions and reinforcing shall be per City standard drawings.
The Contractor shall coordinate with all utility owners regarding the adjustment of their facilities.
The Contractor shall swing tie all manholes, cleanouts, valve boxes, and utility boxes that are to be lowered or covered in any way such that they are no longer visible from the surface. Submit a schematic drawing and record of all swing ties to the ENGINEER such that the ENGINEER can locate all lowered manholes, cleanouts, and valves with only the submitted drawings and swing tie markings in the field. The submitted swing tie drawings shall be approved by the ENGINEER prior to lowering or covering any manhole, cleanout, or valve box.
PAYMENT
Full compensation for Adjust Manhole, Sewer Cleanout, Water Valve Cover, and Utility Boxes to Finished Surface, including all labor, materials, tools, equipment, coordination with utility owners, and incidentals and conforming to all applicable provisions of the Standard Specifications, these Special Provisions, and the requirements of the ENGINEER shall be considered as included in the price paid per each for Bid Item, Adjust Manhole, Adjust Sewer Cleanout, Adjust Water Valve Cover, Adjust Gas Valve Cover, and Adjust Utility Boxes to Finished Surface, complete and in-place, and no additional compensation will be allowed therefor.
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10-1.23 RESET MAILBOX
Reset Mailbox shall conform to the provisions in Section 15-2.08B, “RESET MAILBOXES,” of the Standard Specifications, these Special Provisions, per the direction of the ENGINEER, and as shown on the plans.
A mailbox is one unit. Multiple mailboxes on a single post are counted as multiple units.
Install mailbox on new posts per City of Grover Beach Standard Drawing B.17, and United States Post Office mailbox guidelines. Contact the local postmaster for guidance if necessary.
The ENGINEER shall verify all mailboxes that are to be reset in sidewalk prior to pouring the concrete. Mailboxes reset within sidewalk shall provide for a 36” minimum clear path of travel.
PAYMENT
Full compensation for Reset Mailbox, including all labor, materials, tools, equipment and incidentals and conforming to all applicable provisions of the Standard Specifications, these Special Provisions, and the requirements of the ENGINEER shall be considered as included in the price paid per each for Bid Item, Reset Mailbox, complete and in-place, and no additional compensation will be allowed therefor. 10-1.24 RESET ONE-POST SIGN
Reset One-Post Sign shall conform to the provisions in Section 15-2.08C, “RESET ROADSIDE SIGNS,” of the Standard Specifications, these Special Provisions, per the direction of the ENGINEER, and as shown on the plans.
All reset signs shall be installed on new posts Caltrans Std. plan RS-1, RS-2, and RSP RS-4, except street name signs shall be installed on new posts per City Standard Street Sign Detail B.15. Signs to be reset in concrete shall be installed on new 2” galvanized steel square breakaway posts. Submit shop drawings and cut sheets of posts to be used to the ENGINEER for approval prior to installing.
PAYMENT
Full compensation for Reset One-Post Sign, including all labor, materials, tools, equipment, disposal, salvaging existing sign panel and incidentals and conforming to all applicable provisions of the Standard Specifications, these Special Provisions, and the requirements of the ENGINEER shall be considered as included in the price paid per each for Bid Item, Reset One-Post Sign, complete and in-place, and no additional compensation will be allowed therefor.
10-1.25 THERMOPLASTIC PAVEMENT MARKINGS
Thermoplastic Pavement Markings shall conform to the provisions in Section 84, “TRAFFIC STRIPES AND PAVEMENT MARKINGS,” of the Standard Specifications, these Special Provisions, per the direction of the ENGINEER, and as shown on the plans.
PAYMENT
Full compensation for Thermoplastic Pavement Markings, including all labor, materials, tools, equipment and incidentals and conforming to all applicable provisions of the Standard Specifications, these Special Provisions, and the requirements of the DocuSign Envelope ID: C1A9B8EB-479C-48C0-8FA7-F9BE0F92AA6C CIP 2295-16 Page 73
ENGINEER shall be considered as included in the price paid per square foot for Bid Item, Thermoplastic Pavement Markings, complete and in-place, and no additional compensation will be allowed therefor.
10-1.26 BLUE RETROREFLECTIVE PAVEMENT MARKERS
Blue Retroreflective Pavement Markers shall conform to the provisions in Section 85, “PAVEMENT MARKERS,” of the Standard Specifications, these Special Provisions, per the direction of the ENGINEER, and as shown on the plans.
Blue Retroreflective Pavement Markers shall be installed near the centerline of the street at all new fire hydrants and at all existing fire hydrants within the limits of new pavement per the City’s standard drawings and the current California MUTCD. Two blue retroreflective pavement markers shall be installed per Figure 3B-102 of the CA MUTCD for fire hydrants located at intersections.
PAYMENT
Full compensation for Blue Retroreflective Pavement Markers, including all labor, materials, tools, equipment and incidentals and conforming to all applicable provisions of the Standard Specifications, these Special Provisions, and the requirements of the ENGINEER shall be considered as included in the price paid per each for Bid Item, Blue Retroreflective Pavement Markers, complete and in-place, and no additional compensation will be allowed therefor.
10-1.27 PAINT CURB RED
Paint Curb Red shall conform to the provisions in Section 84, “TRAFFIC STRIPES AND PAVEMENT MARKINGS,” of the Standard Specifications, these Special Provisions, per the direction of the ENGINEER, and as shown on the plans.
Paint new curb or asphalt dike red for 20 feet centered at each fire hydrant and as shown on the plans or as directed by the ENGINEER.
PAYMENT
Full compensation for Paint Curb Red, including all labor, materials, tools, equipment and incidentals and conforming to all applicable provisions of the Standard Specifications, these Special Provisions, and the requirements of the ENGINEER shall be considered as included in the price paid per linear foot for Bid Item, Paint Red Curb, complete and inplace, and no additional compensation will be allowed therefor.
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APPENDIX A: CONSTRUCTION SURVEY CUT-SHEET EXAMPLE
DocuSign Envelope ID: C1A9B8EB-479C-48C0-8FA7-F9BE0F92AA6C Bid Opening Date: Tuesday, October 3, 2023 @ 2:00 p.m.
Bids for: Measure K‐14 Street Rehabilitation and Repair Project_CIP 2295‐16 Sealed Bids Received from:
No. Company Name & Address Total Base Bid
(Page 8)
1 The J.F. Will Company, Inc.
2640 Industrial Parkway, Suite 100
Santa Maria, CA 93455
$1,860,176.30
2 Souza Construction
P.O. Box 3810
San Luis Obispo, CA 93403
$1,930,911.00
3 Papich Construction Company, Inc.
398 Sunrise Terrace
Arroyo Grande, CA 93420
$2,384,050.00
4 5
6 7
*Bid results are subject to verification by engineering.
City of Grover Beach Bid Opening Results
10/3/2023 1 of 1
Project #2295-16
Project identified by City Council 7/20/2020
Design and Construction schedule TBD
STREET LIST:
1. North 2nd Street, Saratoga Avenue to
Newport Avenue, Atlantic City to Park View
2. Front Street, Newport Avenue to Parkview
Avenue
3. Ramona Avenue, North 10th Street to North 14th
Street
4. Saratoga Avenue, Front Street to North 8th
Street
Agenda Item No. 7
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: October 23, 2023 FROM: Matthew Bronson, City Manager
PREPARED BY: John Peters, Chief of Police
SUBJECT: Approval of Property Lease Agreement for Police Department and Public Works Department Storage Space at 45 Newport Avenue Suite 2 (APN 060-074-014)
RECOMMENDATION
Approve a property lease agreement for Police Department and Public Works Department storage space at 45 Newport Ave Suite 2 (APN 060-074-014) and authorize the City Manager to execute the agreement on behalf of the City.
BACKGROUND
In December 2022, the City entered into a property lease agreement with El Dorado Brands, LLC to rent 12,000 square feet of warehouse space located at 921 Huston Street. The warehouse space was necessary to store trailers, vehicles, property and equipment belonging to the Police and Public Works Departments. Additional space was needed since the facilities of the Police Department and Public Works Department do not have sufficient space to store necessary equipment particularly large vehicles. The current monthly rental rate is $4,000 or $48,000 annually. However, in June 2023, staff became aware that El Dorado Brands, LLC was expanding their business footprint and would be moving their operations into the 921 Huston Street facility by January 2024. El Dorado Brands, LLC offered to create a multi-year lease of 6,800 square feet for the monthly lease rate of $9,500 or $114,000 annually.
Since the new leased space would be significantly smaller than what is needed for the departments and at a much higher price, staff began a search for available warehouse space in the city. Staff found 8,506 feet of vacant space at 45 Newport Avenue at a location formerly occupied by Pryor Industries that met the City’s interests. Staff have worked with the owner’s agent, Rod Truillo of Truillo Commercial Real Estate, to come up with a multi-year lease agreement. The lease agreement proposal for 45 Newport Ave Suite 2, is a three-year lease with a two-year extension option. The lease would begin on January 1, 2024, however if the facility became available sooner, it could begin on December 1, 2023. The first year’s monthly lease rate is $9,016.36 and this increases to $9,286.85 in 2025; $9,565.46 in 2026; and $9,852.42 in 2027.
If the City chose to exercise the two-year extension, then the rate would be $10,147.99 in 2028 and $10,452.43 in 2029.
The terms of the lease agreement are defined in Exhibit A attached to the Resolution. Staff believes the opportunity for a multi-year lease agreement for 45 Newport Ave Suite 2 is the best option to meet the needs of the Police and Public Works Departments for the next 3-5 years while other facility options are explored by the City consistent with the City Facilities Plan presented to the Council on September 25.
Staff Report: 45 Newport Ave, Suite 2 Lease Agreement Page 2 October 23, 2023
FISCAL IMPACT
The proposed lease amount for FY 2023-24 would be $9,016.26 per month or $54,097.56 for the remainder of the fiscal year between January-June 2024 (with an additional $9,016.26 if the lease starts in December). The City’s operating budget has sufficient funding for the proposed lease amount for this year and on an ongoing basis. The expenses will be split between the Police and Public Works Departments with Police paying 75% with a combination of Grant Funds and the General Fund and Public Works paying 25% with a combination of Enterprise Funds and the General Fund.
ALTERNATIVES
The Council has the following alternatives to consider:
1. Approve a property lease agreement for Police Department and Public Works Department storage space at 45 Newport Ave Suite 2 (APN 060-074-014) and authorize the City Manager to execute the agreement on behalf of the City; or
2. Do not approve the agreement; or
3. Provide staff with alternative direction.
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.
Attachments
1. Resolution; Exhibit A – Lease Agreement.
Attachment 1
RESOLUTION NO. 23-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GROVER BEACH, CALIFORNIA, APPROVING A PROPERTY LEASE AGREEMENT FOR 45 NEWPORT AVE, SUITE 2, (APN 060-074-014) FOR POLICE DEPARTMENT
AND PUBLIC WORKS DEPARTMENT STORAGE SPACE
WHEREAS, in December 2022, the City entered into a rental agreement with El Dorado Brands, LLC to rent 12,000 square feet of warehouse space located at 921 Huston Street for $4,000 per month to store Police Department and Public Works Department vehicles and equipment; and
WHEREAS, in June 2023, staff became aware that El Dorado Brands, LLC was expanding their business footprint and would be moving their operations into the 921 Huston Street facility by January 2024, and this would result in the reduction of space available to the City to 6,800 square feet while increasing the monthly cost to $9,500; and WHEREAS, staff began a search for available warehouse space in the city and found 8,506 feet of vacant warehouse space at 45 Newport Ave which is the location formerly known as Pryor Industries; and
WHEREAS, staff has worked with the owner’s agent, Rod Truillo of Truillo Commercial Real Estate, to come up with a multi-year lease agreement as outlined in Exhibit A that is less expensive than the lease options at 921 Huston Street and still within the approved budget for fiscal years 2023-24 and 2024-25.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Grover Beach does approve this multi-year property lease agreement with the owners of 45 Newport Ave, Suite 2 (APN 060-074-014), for the Police Department and Public Works Department storage space and authorize the City Manager to execute the agreement on behalf of the City.
On motion by ___________, second by ____________, and on the following roll call vote, to wit:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
the foregoing Resolution was PASSED, APPROVED, AND ADOPTED at the Regular Meeting of the City Council of the City of Grover Beach, California, this 23rd day of October 2023. ** D R A F T **
___________________________
KAREN BRIGHT, MAYOR
ATTEST:
______________________________
WENDI SIMS, CITY CLERK
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STANDARD MULTI-TENANT OFFICE LEASE - GROSS
1. Basic Provisions ("Basic Provisions").
1.1 Parties. This Lease ("Lease"), dated forreference purposes only September 12, 2023 , is made by and between Thomas M.
Pryor & Jutta Pryor ("Lessor") and City of Grover Beach ("Lessee"), (collectively the "Parties", orindividually a "Party").
1.2(a) Premises: That certain Portion of the Project (as defined below), commonly known as (street address, suite, city, state): 45 Newport Avenue, Suite 2, Grover Beach CA. 93433 ("Premises"). The Premises are located in the County of San Luis Obispo , and consist of approximately 8,506 rentable square feet and approximately 8,506 useable square feet. In addition to Lessee's rightsto exclusive use and occupy the Premises as hereinafterspecified, Lessee shall have non-exclusive rightsto the Common Areas(as defined in Paragraph 2.7 below) as hereinafter specified, but shall not have any rights to the roof, the exterior walls, the area above the dropped ceilings, or the utility raceways of the building containing the Premises ("Building") or to any other buildings in the Project. The Premises, the Building, the Common Areas, the land upon which they are located, along with all other buildings and improvements thereon, are herein collectively referred to as the "Project." The Project consists of approximately 20,065 rentable square feet. (See also Paragraph 2)
1.2(b) Parking: Four (4) unreserved and reserved vehicle parking spaces at a monthly cost of N/A per unreserved space and N/A per reserved space. (See Paragraph 2.6)
1.3 Term: Three (3) years and Zero (0) months("Original Term") commencing January 1, 2024 ("Commencement Date") and ending December 31, 2026 ("Expiration Date"). (See also Paragraph 3)
1.4 Early Possession: Ifthe Premises are available Lesseemay have exclusive possession ofthe Premises commencing December 1, 2023 ("Early Possession Date"). (See also Paragraphs 3.2 and 3.3)
1.5 Base Rent: $9,016.36 per month ("Base Rent"), payable on the 1st day of each month commencing January 1, 2024 . (See also Paragraph 4)
Ifthis box is checked, there are provisionsin this Lease forthe Base Rentto be adjusted. See Paragraph 52 .
1.6 Lessee's Share of Operating Expense Increase. N/A percent ( N/A %) ("Lessee's Share").
1.7 Base Rent and Other Monies Paid Upon Execution:
(a) Base Rent: $9,016.36 for the period January 1 through January 31, 2024 . (b) Security Deposit: $9,016.36 ("Security Deposit"). (See also Paragraph 5) (c) Parking: for the period .
(d) Other: for .
(e) Total Due Upon Execution of this Lease: $18,032.72 .
1.8 Agreed Use: For the operation of warehouse and police storage and work out facility and for no other use unless authorized by the lessor . (See also Paragraph 6)
1.9 Base Year; Insuring Party. The Base Year is . Lessoris the "Insuring Party". (See also Paragraphs 4.2 and 8)
1.10 Real Estate Brokers. (See also Paragraphs 15 and 25) (a) Representation: Each Party acknowledgesreceiving a Disclosure Regarding Real Estate Agency Relationship, confirms and consentsto the following agency relationships in this Lease with the following real estate brokers ("Broker(s)") and/or their agents("Agent(s)"):
Lessor's Brokerage Firm Trujillo Commercial Real Estate Group License No. 02126103 Isthe broker of (check one):
the Lessor; or both the Lessee and Lessor (dual agent).
Lessor's Agent Rod Trujillo License No. 01388764 is (check one): the Lessor's Agent (salesperson or broker associate); or both the Lessee's Agent and the Lessor's Agent (dual agent).
Lessee's Brokerage Firm License No. Is the broker of (check one): the Lessee; or both the Lessee and Lessor(dual agent).
Lessee's Agent License No. is (check one): the Lessee's Agent (salesperson or broker associate); or both the Lessee's Agent and the Lessor's Agent (dual agent).
(b) Paymentto Brokers. Upon execution and delivery of this Lease by both Parties, Lessorshall pay to the Brokersthe brokerage fee agreed to in a separate written agreement (or if there is no such agreement, the sum of or % ofthe total Base Rent) forthe brokerage servicesrendered by the Brokers.
1.11 Lessor Supplied Services. Notwithstanding the provisions of Paragraph 11.1, LessorisNOT obligated to provide the following within the Premises:
Janitorialservices
Electricity
EXHIBIT A
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Other (specify):
1.12 Attachments. Attached hereto are the following, all of which constitute a part of this Lease:
an Addendum consisting of Paragraphs 50 through 54 ;
a plot plan depicting the Premises;
a currentset of the Rules and Regulations;
a Work Letter;
a janitorial schedule;
other (specify): .
2. Premises.
2.1 Letting. Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, the Premises, for the term, at the rental, and upon all of the terms, covenants and conditionsset forth in this Lease. Said lease of the Premises shall be for the exclusive use of Lessee. While the approximate square footage of the Premises may have been used in the marketing of the Premises for purposes of comparison, the Base Rent stated herein is NOT tied to square footage and is not subject to adjustmentshould the actualsize be determined to be different. NOTE: Lessee is advised to verify the actualsize prior to executing this Lease.
2.2 Condition. Lessor shall deliver the Premisesto Lessee in a clean condition on the Commencement Date or the Early Possession Date, whichever first occurs ("Start Date"), and warrantsthat the existing electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air conditioning systems("HVAC"), and all otheritems which the Lessor is obligated to construct pursuant to the Work Letter attached hereto, if any, other than those constructed by Lessee,shall be in good operating condition on said date, thatthe structural elements of the roof, bearing walls and foundation of the Unitshall be free ofmaterial defects, and that the Premises do not contain hazardous levels of any mold or fungi defined astoxic under applicable state or federal law. Lessor also warrants, that unless otherwise specified in writing, Lessor is unaware of (i) any recorded Notices of Default affecting the Premise; (ii) any delinquent amounts due under any loan secured by the Premises; and (iii) any bankruptcy proceeding affecting the Premises.
2.3 Compliance. Lessor warrantsthat to the best of its knowledge the improvements on the Premises and the Common Areas comply with the building codes, applicable laws, covenants or restrictions ofrecord, regulations, and ordinances("Applicable Requirements")that were in effect atthe time that each improvement, or portion thereof, was constructed. Said warranty does not apply to the use to which Lessee will put the Premises, modifications which may be required by the Americans with Disabilities Act or any similar laws as a result of Lessee's use (see Paragraph 49), or to any Alterations or Utility Installations (as defined in Paragraph
7.3(a)) made orto be made by Lessee. NOTE: Lessee isresponsible for determining whether or not the zoning and other Applicable Requirements are appropriate for Lessee's intended use, and acknowledgesthat past uses ofthe Premises may no longer be allowed. If the Premises do not comply with said warranty, Lessor shall, except as otherwise provided, shall within thirty (30) days after receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliance, rectify the same. If the Applicable Requirements are hereafter changed so as to require during the term of this Lease the construction of an addition to or an alteration ofthe Premises, orthe reinforcement or other physical modification of the Premises("Capital Expenditure"), Lessor and Lessee shall allocate the cost of such work as follows:
(a) Subject to Paragraph 2.3(c) below, if such Capital Expenditures are required as a result of the specific and unique use of the Premises by Lessee as compared with uses by tenantsin general, Lessee shall be fully responsible forthe cost thereof, provided, however, that ifsuch Capital Expenditure is required during the last 2 years of this Lease and the cost thereof exceeds 6 months' Base Rent, Lesseemay instead terminate this Lease unless Lessor notifies Lessee, in writing, within 10 days after receipt of Lessee's termination notice that Lessor has elected to pay the difference between the actual cost thereof and the amount equal to 6 months' Base Rent. If Lessee elects termination, Lessee shall immediately cease the use of the Premises which requires such Capital Expenditure and deliver to Lessor written notice specifying a termination date at least 90 days thereafter. Such termination date shall, however, in no event be earlierthan the last day that Lessee could legally utilize the Premises without commencing such Capital Expenditure. (b) If such Capital Expenditure is not the result of the specific and unique use of the Premises by Lessee (such as, governmentally mandated seismic modifications), then Lessorshall pay forsuch Capital Expenditure and Lessee shall only be obligated to pay, each month during the remainder of the term of this Lease or any extension thereof, on the date that on which the Base Rent is due, an amount equal to 1/144th of the portion of such costs reasonably attributable to the Premises. Lessee shall pay Interest on the balance but may prepay its obligation at any time. If, however, such Capital Expenditure is required during the last 2 years of this Lease or if Lessorreasonably determinesthat itis not economically feasible to pay its share thereof, Lessorshall have the option to terminate this Lease upon 90 days prior written notice to Lessee unless Lessee notifies Lessor, in writing, within 10 days after receipt of Lessor'stermination notice that Lessee will pay for such Capital Expenditure. If Lessor does not elect to terminate, and failsto tender itsshare of any such Capital Expenditure, Lessee may advance such funds and deduct same, with Interest, from Rent until Lessor's share of such costs have been fully paid. If Lessee is unable to finance Lessor'sshare, orif the balance of the Rent due and payable forthe remainder of this Lease is not sufficient to fully reimburse Lessee on an offset basis, Lessee shall have the right to terminate this Lease upon 30 days written notice to Lessor. Notwithstanding any provision of this agreement, Lessee shall in no event have an obligation under this provision or any other provision ofthis agreement for costs or liability for remediation of any Hazardous Substances related to the Premises or Project. (c) Notwithstanding the above, the provisions concerning Capital Expenditures are intended to apply only to non-voluntary, unexpected, and new Applicable Requirements. If the Capital Expenditures are instead triggered by Lessee as a result of an actual or proposed change in use, change in intensity of use, or modification to the Premises then, and in that event, Lessee shall either: (i) immediately cease such changed use or intensity of use and/or take such other steps as may be necessary to eliminate the requirement forsuch Capital Expenditure, or(ii) complete such Capital Expenditure atits own expense. Lessee shall not have any right to terminate this Lease.
2.4 Acknowledgements. Lessee acknowledgesthat: (a) it has been given an opportunity to inspect and measure the Premises, (b) Lessee has been advised by Lessor and/or Brokersto satisfy itself with respect to the size and condition of the Premises, excluding environmental aspects (including but not limited to the electrical, HVAC and fire sprinklersystems, security, and compliance with Applicable Requirements), and their suitability for Lessee'sintended use, (c) Lessee has made such investigation as it deems necessary with reference to such previously enumerated matters and assumes all responsibility therefor asthe same relate to its occupancy of the Premises, (d) it is not relying on any representation as to the size of the Premises made by Brokers or Lessor, (e)the square footage of the Premises was not material to Lessee's decision to lease the Premises and pay the Rentstated herein, and (f) neither
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Lessor, Lessor's agents, nor Brokers have made any oral or written representations or warranties with respect to said matters other than asset forth in this Lease. In addition, Lessor acknowledgesthat: (i) Brokers have made no representations, promises or warranties concerning Lessee's ability to honor the Lease or suitability to occupy the Premises, and (ii) it is Lessor'ssole responsibility to investigate the financial capability and/or suitability of all proposed tenants.
2.5 Lessee as Prior Owner/Occupant. The warranties made by Lessor in Paragraph 2 shall be of no force or effect if immediately prior to the Start Date, Lessee wasthe owner or occupant of the Premises. In such event, Lessee shall be responsible for any necessary corrective work.
2.6 Vehicle Parking. So long as Lessee is not in default, and subject to the Rules and Regulations attached hereto, and as established by Lessor from time to time, Lessee shall be entitled to rent and use the number of parking spaces specified in Paragraph 1.2(b) at the rental rate applicable from time to time for monthly parking as set by Lessor and/or its licensee.
(a) If Lessee commits, permits or allows any of the prohibited activities described in the Lease orthe rules then in effect, then Lessor shall have the right, without notice, in addition to such other rights and remediesthat itmay have, to remove or tow away the vehicle involved and charge the cost to Lessee, which cost shall be immediately payable upon demand by Lessor.
2.7 Common Areas - Definition. The term "Common Areas" is defined as all areas and facilities outside the Premises and within the exterior boundary line of the Project and interior utility raceways and installations within the Premises that are provided and designated by the Lessor from time to time for the general non-exclusive use of Lessor, Lessee and other tenants of the Project and theirrespective employees,suppliers, shippers, customers, contractors and invitees, including parking areas, loading and unloading areas, trash areas, roofs, roadways, walkways, driveways and landscaped areas.
2.8 Common Areas - Lessee's Rights. Lessor grants to Lessee, for the benefit of Lessee and its employees, suppliers, shippers, contractors, customers and invitees, during the term of this Lease, the non-exclusive right to use, in common with others entitled to such use, the Common Areas as they exist from time to time, subject to any rights, powers, and privileges reserved by Lessor under the terms hereof or under the terms of any rules and regulations or restrictions governing the use of the Project. Under no circumstancesshall the right herein granted to use the Common Areas be deemed to include the right to store any property, temporarily or permanently, in the Common Areas. Any such storage shall be permitted only by the prior written consent of Lessor or Lessor's designated agent, which consent may be revoked at any time. In the event that any unauthorized storage shall occur, then Lessorshall have the right, without notice, in addition to such other rights and remedies that it may have, to remove the property and charge the cost to Lessee, which costshall be immediately payable upon demand by Lessor.
2.9 Common Areas - Rules and Regulations. Lessor orsuch other person(s) as Lessor may appoint shall have the exclusive control and management of the Common Areas and shall have the right, from time to time, to adopt, modify, amend and enforce reasonable rules and regulations ("Rules and Regulations") for the management,safety, care, and cleanliness of the grounds, the parking and unloading of vehicles and the preservation of good order, as well asfor the convenience of other occupants ortenants of the Building and the Project and their invitees. The Lessee agreesto abide by and conform to all such Rules and Regulations, and shall use its best efforts to cause its employees,suppliers, shippers, customers, contractors and invitees to so abide and conform. Lessorshall be responsible to Lessee for the compliance with said Rules and Regulations by other tenant of the Project.
2.10 Common Areas - Changes. Lessor shall have the right, in Lessor'ssole discretion, from time to time:
(a) To make changes to the Common Areas, including, without limitation, changes in the location,size, shape and number of the lobbies, windows, stairways, airshafts, elevators, escalators,restrooms, driveways, entrances, parking spaces, parking areas, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas, walkways and utility raceways; (b) To close temporarily any of the Common Areasfor maintenance purposesso long as reasonable access to the Premises remains available; (c) To designate otherland outside the boundaries of the Project to be a part ofthe Common Areas; (d) To add additional buildings and improvementsto the Common Areas; (e) To use the Common Areas while engaged in making additional improvements, repairs or alterationsto the Project, or any portion thereof; and (f) To do and perform such other acts and make such other changesin, to or with respect to the Common Areas and Project as Lessor may, in the exercise of sound business judgment, deem to be appropriate.
3. Term.
3.1 Term. The Commencement Date, Expiration Date and Original Term of this Lease are as specified in Paragraph 1.3.
3.2 Early Possession. Any provision herein granting Lessee Early Possession of the Premises issubject to and conditioned upon the Premises being available for such possession prior to the Commencement Date. Any grant of Early Possession conveys an exclusive right to occupy the Premises. If Lessee totally or partially occupies the Premises priorto the Commencement Date, the obligation to pay Base Rentshall be abated for the period ofsuch Early Possession. All other terms of this Lease (including but not limited to the obligations to pay Lessee's Share of the Operating Expense Increase) shall be in effect during such period. Any such Early Possession shall not affect the Expiration Date.
3.3 Delay In Possession. Lessor agrees to use commercially reasonable effortsto deliver exclusive possession of the Premises to Lessee by the Commencement Date. If, despite said efforts, Lessor is unable to deliver possession by such date, Lessorshall not be subject to any liability therefor, nor shallsuch failure affect the validity of this Lease or change the Expiration Date. Lessee shall not, however, be obligated to pay Rent or perform its other obligations until Lessor delivers exclusive possession of the Premises and any period of rent abatement that Lessee would otherwise have enjoyed shall run from the date of delivery of exclusive possession and continue for a period equal to what Lessee would otherwise have enjoyed under the terms hereof, but minus any days of delay caused by the acts or omissions of Lessee. If exclusive possession is not delivered within 60 days after the Commencement Date, as the same may be extended under the terms of any Work Letter executed by Parties, Lesseemay, atits option, by notice in writing within 10 days afterthe end ofsuch 60 day period, cancelthis Lease, in which event the Parties shall be discharged from all obligations hereunder. Ifsuch written notice is not received by Lessor within said 10 day period, Lessee'sright to cancelshall terminate. If possession of the Premises is not delivered within 120 days after the Commencement Date, this Lease shall terminate unless other agreements are reached between Lessor and Lessee, in writing.
3.4 Lessee Compliance. Lessorshall not be required to deliver possession of the Premises to Lessee until Lessee complies with its obligation to provide evidence of insurance (Paragraph 8.5) orreasonable evidence Lessee is self-insured. Pending delivery ofsuch evidence, Lessee shall be required to perform all of its obligations underthis Lease from and afterthe Start Date, including the payment of Rent, notwithstanding Lessor's election to withhold possession pending receipt of such evidence of insurance or self-insurance. Further, if Lessee isrequired to perform any other conditions prior to or concurrent with the Start Date, the Start Date shall occur but Lessor may elect to withhold possession untilsuch conditions are satisfied.
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4. Rent.
4.1 Rent Defined. Allmonetary obligations of Lessee to Lessor underthe terms of this Lease (exceptfor the Security Deposit) are deemed to be rent ("Rent").
4.2 Operating Expense Increase. Lessee shall pay to Lessor during the term hereof, in addition to the Base Rent, Lessee's Share of the amount by which all Operating Expenses for each Comparison Year exceeds the amount of all Operating Expensesfor the Base Year,such excess being hereinafter referred to as the "Operating Expense Increase", in accordance with the following provisions:
(a) "Base Year" is asspecified in Paragraph 1.9.
(b) "Comparison Year" is defined as each calendar year during the term of this Lease subsequent to the Base Year; provided, however, Lessee shall have no obligation to pay a share of the Operating Expense Increase applicable to the first 12 months of the Lease Term (other than such as are mandated by a governmental authority, asto which government mandated expenses Lessee shall pay Lessee's Share, notwithstanding they occur during the first twelve (12) months).
Lessee's Share of the Operating Expense Increase for the first and last Comparison Years of the Lease Term shall be prorated according to that portion of such Comparison Year as to which Lessee is responsible for a share of such increase. (c) The following costsrelating to the ownership and operation of the Project, calculated as if the Project was at least 95% occupied, are defined as "Operating Expenses":
(i) Costsrelating to the operation,repair, and maintenance in neat, clean, safe, good order and condition, but not the replacement (see subparagraph (g)), of the following:
(aa) The Common Areas, including theirsurfaces, coverings, decorative items, carpets, drapes and window coverings, and including parking areas, loading and unloading areas, trash areas, roadways,sidewalks, walkways,stairways, parkways, driveways, landscaped areas,striping, bumpers, irrigation systems, Common Area lighting facilities, building exteriors and roofs, fences and gates; (bb) All heating, air conditioning, plumbing, electrical systems, life safety equipment, communication systems and other equipment used in common by, orfor the benefit of, tenants or occupants of the Project, including elevators and escalators, tenant directories, fire detection systemsincluding sprinkler system maintenance and repair.
(cc) All other areas and improvements that are within the exterior boundaries of the Project but outside of the Premises and/or any other space occupied by a tenant.
(ii) The cost of trash disposal, janitorial and security services, pest controlservices, and the costs of any environmental inspections; (iii) The cost of any otherservice to be provided by Lessor that is elsewhere in this Lease stated to be an "Operating Expense"; (iv) The cost of the premiumsfor the insurance policies maintained by Lessor pursuant to paragraph 8 (v) The amount ofthe Real Property Taxes payable by Lessor pursuant to paragraph 10; In no event shall Lessee be obligated to an increase in taxes in any given year for any reason that is greater than 2 percent per year of the previous years taxes; (vi) The proportionate attributable to Lessee for cost of water, sewer, gas, electricity, and other publicly mandated service not separately metered;
(vi) Labor,salaries, and applicable fringe benefits and costs, materials, supplies and tools, used in maintaining and/or cleaning the Project and accounting and management fees attributable to the operation of the Project; (vii) The cost of any capital improvement to the Building orthe Project not covered under the provisions of Paragraph 2.3 provided; however, that Lessorshall allocate the cost of any such capital improvement over a 12 year period and Lessee shall not be required to pay more than Lessee's Share of 1/144th of the cost of such Capital Expenditure in any given month; (viii) The costto replace equipment orimprovementsthat have a useful life for accounting purposes of 5 years orless. (d) The inclusion of the improvements, facilities and servicesset forth in Subparagraph 4.2(c)shall not be deemed to impose an obligation upon Lessor to either have said improvements or facilities or to provide those services unlessthe Project already has the same, Lessor already provides the services. (e) Lessee's Share of Operating Expense Increase is payable monthly on the same day as the Base Rent is due hereunder. The amount of such payments shall be based on Lessor's estimate of the Operating Expenses. Within 60 days after written request (but not more than once each year) Lessorshall deliverto Lessee a reasonably detailed statementshowing Lessee's Share of the actual Common Area Operating Expenses forthe preceding year. If Lessee's payments during such Year exceed Lessee's Share, Lessee shall credit the amount of such over-payment against Lessee'sfuture payments. If Lessee's payments during such Year were less than Lessee's Share, Lessee shall pay to Lessor the amount of the deficiency within 10 days after delivery by Lessor to Lessee of said statement. Lessor and Lessee shall forthwith adjust between them by cash payment any balance determined to exist with respect to that portion of the last Comparison Year for which Lessee is responsible.
(f) Operating Expensesshall not include the costs of replacementfor equipment or capital componentssuch asthe roof, foundations, exterior walls or a Common Area capital improvement, such asthe parking lot paving, elevators, fences that have a useful life for accounting purposes of 5 years or more. (g) Operating Expenses shall not include any expenses paid by any tenant directly to third parties, or asto which Lessoris otherwise reimbursed by any third party, other tenant, or by insurance proceeds.
4.3 Payment. Lessee shall cause payment of Rent to be received by Lessor in lawful money of the United States on or before the day on which it is due, without offset or deduction (except asspecifically permitted in this Lease). All monetary amountsshall be rounded to the nearest whole dollar. In the event that any invoice prepared by Lessor isinaccurate such inaccuracy shall not constitute a waiver and Lessee shall be obligated to pay the amountset forth in this Lease. Rent for any period during the term hereof which is for lessthan one full calendar month shall be prorated based upon the actual number of days of said month. Payment of Rentshall be made to Lessor at its address stated herein or to such other persons or place as Lessor may from time to time designate in writing. Acceptance of a payment which isless than the amount then due shall not be a waiver of Lessor's rightsto the balance of such Rent, regardless of Lessor's endorsement of any check so stating. In the event that any check, draft, or other instrument of payment given by Lessee to Lessor is dishonored for any reason, Lessee agrees to pay to Lessor the sum of $25 in addition to any Late Charge and Lessor, at its option, may require all future Rent be paid by cashier's check. Payments will be applied first to accrued
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