City Council Meeting
Agenda
August 19, 2025
7:00 PM – Regular Meeting
Council Chambers
400 N. Douty St.
Council Members will meet in-person in the Council
Chambers. The meeting will also be lived streamed on the City’s website: http://livestream.hanford.city/
4:00 PM CALL TO ORDER STUDY SESSION AND CLOSED SESSION:
ROLL CALL BY THE CITY CLERK:
PUBLIC COMMENT:
Study Sessions are considered Special Meetings under the Brown Act. Accordingly, comments from the public are limited to items listed on the agenda (GC 54954.3a). Public Comment will be accepted during each agenda item. A maximum of three minutes is allowed for each speaker. Please begin your comments by stating your name and providing your city of residence.
STUDY SESSION:
A. Presentation to the City Council of the Mid-Year Crime Statistics for the Hanford Police Department
B. Landscape Assessment Districts: Past, present, and future CLOSED SESSION FOR DISCUSSION OF THE FOLLOWING:
A. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION (54956.9 (d)(2))
3 Potential Cases.
B. CONFERENCE WITH LABOR NEGOTIATOR (GC 54957.6)
Agency designated representatives: Chris Tavarez and Destiny Borba Employee Organization(s): SEIU
CALL TO ORDER REGULAR SESSION:
ROLL CALL:
INVOCATION:
Pastor Lori Niles
FLAG SALUTE:
RECOGNITION:
A. Recognition of the Hanford Youth Baseball 11U All Stars – Cen Cal State Tournament Undefeated Champions & Pacific Southwest Regional Qualifiers B. Recognition of the 2025 18U Tri-County All-Star Team – Babe Ruth 16-18U World Series Champions
C. Oath of Office for the Fire Department's Citizens Emergency Response Team (CERT) Volunteers: Michael Rodriguez, Beverly Rodriguez, Christine Leach, Christine Whitacre, Dennis Ham, Janette Ramos, Kathryn Egan Bare, Kristine Scott, Randy Hatfield, Robert Bentley, and Erik Brotemarkle.
CLOSED SESSION ACTION REPORT:
PUBLIC COMMENT:
This is the time for citizens to comment on subject matters within the jurisdiction of the Hanford City Council. This is also the public’s opportunity to request an item from the Consent Calendar be pulled for discussion purposes or to comment on any item on the agenda. State law does not allow the Council to discuss or take action on issues not on the agenda, except that members of the Council or staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights (Gov. Code sec. 54954.2). A maximum of three minutes is allowed for each speaker. Please begin your comments by stating your name and providing your city of residence.
CONSENT CALENDAR:
Consent Calendar items are considered routine and will be enacted in one motion. There will be no separate discussion of these matters unless a request is made and then the item will be removed from the Consent Calendar to be discussed and voted upon by a separate motion.
A. Waive reading in full of resolutions and ordinances and approval and adoption of same by reading the title only.
B. City Clerk: Approval of the Minutes of the July 15, 2025 Meeting C. Community Development: Approve Sole Source Contract for JR Construction Inc. in the amount of $128,479.53 for Phase Two of Community Development Remodel Project (CIP 825620) included in Capital Improvement Plan for Fiscal Year 2025/26.
D. Parks and Community Services: Approval of Minor Design Modifications to the Plunge Mural (Mural 0004-25) Following City Council Approval of the Original Design on May 6, 2025.
E. Public Works: Pre-authorize the City Manager to enter into a contract with the lowest responsible bidder for Flint Ave (Joshua Street and 11th Avenue) sidewalk construction, for an amount not to exceed $253,701.
F. Public Works: Authorization to award a contract to PARC Environmental for the abandonment of one (1) underground fuel tank located at Hanford Municipal Airport in the amount of $83,369.72 and additional appropriation from the Airport Operation Fund.
G. Public Works: Approval of purchase and installation of a WILO Duplex Booster System for the Hanford Learning Center Softball Complex for a total amount of $88,101.23, with
50% ($44,050.61) of total cost reimbursed through an existing agreement with the Hanford Joint Union High School District (HJUHSD).
H. Fire: Approval of the purchase of additional software licenses from Tyler Technologies, in the amount of $43,200, to support the Fire Division in conducting fire-related inspections and additional Appropriation of $43,200 in the General Fund and $43,200 to revenue account 16110000-494300 to offset the cost of the purchase.
I. Fire: Approval to purchase two (2) Auto Extrication units and accessories from L N Curtis & Sons in the amount of $65,898.27 from the General Fund per the approved Capital Improvement Program for fiscal year 2026.
J. Police: Approval of a sole source purchase of a FARO evidence scanning machine, required accessories, and software license from FARO Technologies, Inc. in the amount of $73,119.15 from the General Fund per the approved Capital Improvement Program for fiscal year 2026.
K. Finance: Acceptance and authorization for staff to File the City of Hanford's Quarterly Investment Portfolio and Transactions Reports as of 06/30/25.
GENERAL BUSINESS:
A. Finance: Appropriation of $17,774,550 from the City’s Water Fund for the previously approved Water Meter Replacement Project
B. Consideration of Alternatives for Graffiti Abatement and Enforcement COUNCIL REPORTS/GENERAL REPORTS:
Brief information-only reports from City Council and/or Staff, including committee reports and reports by City Council related to meetings attended at City expenses (AB1234).
A. INFORMATION REPORT - JULY WARRANT REGISTER
ITEMS FOR FUTURE AGENDAS:
At this time, any Council Member may ask a question for clarification or may request a matter, which is not otherwise scheduled on a City Council agenda, to be placed on a future agenda. The Council Member referring the item shall provide sufficient information as to the nature of the item. The City Council, by concurrence of a majority, may direct the City Manager to put the item on a future agenda. (GOV. CODE SEC. 54954.2) A. Council Future Agenda Items
B. Upcoming Events and Important Dates:
September 1: City offices closed in observance of Labor Day September 2: Canceled City Council Meeting
September 6: Catfish Crawl at Hidden Valley Park 9:00 am - 12:00 pm Register Here September 16: Regular City Council Meeting
ADJOURNMENT:
Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available to public inspection in the City Clerk’s Office located at 319 N. Douty Street, Hanford, California 93230, during normal business hours. Such agendas are also available at the city’s website, www.cityofhanfordca.com subject to staff’s ability to post the agenda before the meeting. If you need a disability-related modification or accommodation, including auxiliary aids or services, to participate in this meeting, please contact the City Clerk’s office, 559-585-2515, 319 N. Douty Street, Hanford, California 93230, at least 2 days prior to the meeting {28 CFR 35.102.35.104 ADA Title II}
4.A.
AGENDA
STAFF REPORT
MEETING DATE: 8/19/2025 AGENDA SECTION: STUDY SESSION
SUBJECT:
Presentation to the City Council of the Mid-Year Crime Statistics for the Hanford Police Department
RECOMMENDATION:
Recommendation: This report is for informational purposes only. No formal action is required by the City Council at this time.
BACKGROUND:
As part of the Police Department’s ongoing commitment to transparency, accountability, and community engagement, staff will present a mid-year update on crime statistics during the City Council Study Session. This report provides a summary of crime trends and departmental activity for the first six months of the calendar year. The mid-year crime data reflects reported crime from January 1 through June 30, 2025 and shows a comparison to the same statistics for this time period in 2024.
The presentation is intended to inform Council and the public on key public safety indicators, including violent crime, property crime, and proactive policing efforts. A year-to-date comparison with the same period last year shows that reported incidents have decreased in many areas, including select property and violent crimes. Officer-initiated activity has shown a measurable increase compared to last year. This is a direct result of enhanced proactive enforcement by our Street Crimes Unit, which has focused on high-visibility patrols, warrant services, and known problem areas.
Additionally, our online reporting system has contributed to these gains. By allowing citizens to report minor crimes and non-emergency incidents online, officers have been able to redirect their time toward proactive policing and high-priority enforcement efforts.
FISCAL IMPACT:
There is no direct fiscal impact associated with this item. Any potential future recommendations or resource needs stemming from the study session may be brought forward through the budget process or as standalone items for Council consideration.
ATTACHMENTS:
None
4.B.
AGENDA
STAFF REPORT
MEETING DATE: 8/19/2025 AGENDA SECTION: STUDY SESSION
SUBJECT:
Landscape Assessment Districts: Past, present, and future
RECOMMENDATION:
Recommendation: Council provides direction on the staff's five recommendations.
Recommended Motion: No motion is required. City Council feedback is requested.
BACKGROUND:
The Past
The City of Hanford established Landscape and Lighting Districts in 1990. The developers form the districts and typically encompass the physical boundaries of a housing tract.
Prior to 2021, the City of Hanford Public Works Department was responsible for the required Annual Engineer's Report pursuant to Chapter 1, Article 4 and Chapter 3 of the 1972 Act. Each fiscal year, the City establishes the LAD assessments based on an estimate of the costs to maintain, operate, and service the authorized improvements within each district, as well as available revenues, including assessment revenues, fund balances, general benefit contributions, and any additional City contributions from available sources.
From 2021 to the present, the City agreed with Willdan Financial Services to provide assessment
district engineering and administration services to the City of Hanford.
The Scope of Services includes:
Prepare and submit the Consolidated Engineer's Report for the Landscape and Lighting Assessment Districts.
• Prepare the annual property tax roll for each district and submit to the Kings County Auditor/Controller before the August 9th deadline.
• Work with City staff to update the district budgets for the upcoming fiscal year, and coordinate to assist with accurate cost-recovery accounting.
• Establish a comprehensive improvement matrix and boundaries.
Balloting of the LADs (if required)
• Prepare a supplemental Engineer's Report for the districts to be balloted. • Public outreach, including: developing and mailing an informational piece and a possible property owner meeting invitation, and facilitating property owner workshops • Prepare the notice and ballot, and print and mail them. • Prepare four Resolutions:
1. Resolution initiating the proceeding,
2. Resolution of intention,
3. Resolution declaring the results of the property owners' balloting, and the
4. Resolution confirming the Engineer's Report.
• Attend the Public Hearing and ballot tabulation.
Each year, in June/July, at a noticed Public Hearing, the City Council will accept comments and written protests regarding the Districts and the annual levy of assessments. Based on those comments and written protests, the City Council may order amendments to the Report or confirm the Report as submitted. Following the final approval of the Report, the City Council will, by Resolution, order the improvements to be made and confirm assessment for each parcel as approved will be placed on the annual property tax roll by the Kings County Auditor/Controller and collected together and in the same manner as other property taxes for such parcels.
The Present
Currently, the City of Hanford manages 43 Landscape Assessment Districts (LADs). Each LAD is assigned a District Number and a Fund Number. Example: District 03-01 = Established in 2003 and was the first assigned LAD.
Of the 43 LADs, eleven districts are deficient in their fund balance, which requires a temporary loan from the General Fund until the fund is financially sound. The deficient LADs were established prior to 2001 and do not have an assigned inflationary adjustment (Consumer Price Index) escalator.
Without the escalator, these districts will continue to experience deficit fund balances—the only way to establish a rate that adequately covers maintenance costs and include an escalator to keep up with costs is to ballot each deficient district.
In addition, the City has lowered the Level of Service within eight of the deficit districts to Level XXX (no service/health and safety needs only). Five of these districts have had their landscape water discontinued.
To provide context on this complex subject, the staff has chosen to identify District 04-03 and an actual (redacted) property tax statement from a resident within that district. The selected resident is assessed $154.10.
The Future
In 2024, the City of Hanford decided to transition from Landscape and Lighting Districts to Community Facilities Districts (CFDs). CFDs are a flexible financial tool for local government to fund a wide variety of services, such as parks, public safety, and schools. In addition, CFDs can also finance infrastructure such as water, sewer, streets, and the acquisition of open space.
Recently, the Council placed LADs as a future agenda item. Staff from Finance, Public Works, and Parks and Community Services Departments have met to discuss and develop this item for review.
Moving forward, the staff recommends the following for Councill feedback:
1. Rescope the 2025/2026 agreement with Willdan Financial, utilizing for legal requirements of balloting districts
2. The Engineering and Utilities, and Finance Departments will complete the Annual Consolidated Engineer's Report
3. Deficient Districts: Staff will develop a detailed (potential) plan for balloting the deficient districts Analyze deficient districts (September - October)
Develop outreach/education marketing campaign (November - December) Execute outreach/education campaign (January - February) Ballot the deficient LADs (March -April)
4. Financial Sound Districts: Establish a comprehensive Capital Improvement Plan (CIP) for districts exceeding reserve thresholds
Establish maintenance improvements such as landscape needs Outreach to property owners to prioritize improvements
Define the type and extent of the improvements
Identify the true costs of maintaining the improvements
5. Establish an internal LAD working group consisting of Finance, Utilities and Engineering, Public Works, and the Parks and Community Services Departments to monitor and assess district needs.
FISCAL IMPACT:
The proposed strategies are focused on the long-term fiscal health of all Landscape Assessment Districts and on eliminating the need to fund the deficient districts through the General Fund.
ATTACHMENTS:
1. 2025 Council LAD Presentation
Landscape Assessment Districts
Past, Present, and Future
August 19, 2025
LAD Timeline (The Past)
Current Reality
• 43 Landscape Districts
• 11 deficit districts (with no CPI
escalator)
• 17 districts with a CPI escalator
(2.1%)
The Present
Current Level of Service: B. Weekly March-October, every two weeks November-February
12th Avenue
Fitzgerald LaneFargo Avenue
Quail Park
3.3% of Total Taxes
Annual Property Tax
LAD Assessment Allocations
51%
$78.87
18%
$27.86
24%
$36.49
7.2%
$10.83
.5%
Total LAD Allocation
$154.10
Fund
#
District
#
District
Main. Exp.
Incidental
(Admin)
Total
Annual
Exp.
General
Benefits
Special
Benefits
Reserve
Fund
Balance
to Levy
EBUs Max
Assess.
Rate
Beginning Fund
Ball.
Estimated
Ending Fund
Balance
0265 04-03 $60,307 $5,838 $66,145 ($1,893) $64,252 $5,763 $70,015 445 $157.34 $59,207 $64,970 District 04-03Budget
Column Name Definition
Fund # The fund number is used by the Finance Department to track district budget District # Official number given to a district. First two digits are the year, second is sequence within the year Dist. Maintenance Expenses The amount of the assessment that goes to contracted landscape maintenance Incidental (Admin) City Administrative costs, Engineer and Attorney expenses, noticing expenses.
Total Annual Expense District maintenance expenses + incidental (Admin) expenses General Benefits Expenses funded by the City
Special Benefits Any particular and distinct benefit over and above the general benefits Reserve Fund Additional operational funding which shall not exceed the estimated costs of maintenance and servicing to December 10 of the fiscal year, or when the when the City expects the apportionment Balance to Levy The total levy amount for the district
EBUs Number of units within the district?
Max Assessment Rate
Beginning Fund Balance The amount the district has accumulated over time Est. Ending Fund Balance The estimated ending fund balance after expenses
Staff Recommendations
1. Rescope Willdan’s Agreement
2. Annual Engineer’s Report completed by the Engineering and Utilities, and Finance Departments
3. Develop a detailed plan for the balloting of deficient districts • Analyze deficit districts
• Choose the districts to ballot
• Develop district outreach/education marketing campaign • Execute outreach/education
• Ballot districts in April
4. Establish a Comprehensive Capital Improvement Project (CIP) for Districts exceeding reserve thresholds
• Outreach to property owners to prioritize improvements • Type and extent of the improvements
• Assess current improvements
• Identify true costs of maintaining improvements
Staff Recommendations (Cont.)
5. Establish an LAD Working Group
• Meet quarterly
• Consisting of Finance, Engineering, Public Works,
and Parks & Community Services
Timeline for Balloting Deficient LADs
Questions
13.B.
AGENDA
STAFF REPORT
MEETING DATE: 8/19/2025 AGENDA SECTION: CONSENT CALENDAR
SUBJECT:
Approval of the Minutes of the July 15, 2025 Meeting
RECOMMENDATION:
Recommendation: Approove the minutes of the July 15, 2025, Meeting.
BACKGROUND:
FISCAL IMPACT:
ATTACHMENTS:
1. July 15, 2025 Meeting Minutes
13.C.
AGENDA
STAFF REPORT
MEETING DATE: 8/19/2025 AGENDA SECTION: CONSENT CALENDAR
SUBJECT:
Approve Sole Source Contract for JR Construction Inc. in the amount of $128,479.53 for Phase Two of Community Development Remodel Project (CIP 825620) included in Capital Improvement Plan for Fiscal Year 2025/26.
RECOMMENDATION:
Recommendation: Staff recommends that the City Council authorize the expenditure of previously appropriated funds and award contract to JR Scott Construction Inc for a not-to-exceed amount of $128,479.53 for the second phase of the Community Development Remodel Capital Improvement Project (CIP 825620), as outlined in the Fiscal Year 2025/26 Capital Improvement Plan.
Recommended Motion: I make a motion to authorize the expenditure of previously appropriated funds and award contract to JR Scott Construction Inc for a not-to-exceed amount of $128,479.53 for the second phase of the Community Development Remodel Capital Improvement Project (CIP 825620), as outlined in the Fiscal Year 2025/26 Capital Improvement Plan.
BACKGROUND:
On May 20, 2025, the City Council approved an advance appropriation of $610,000 for the Community Development Remodel project. The project is a multi-funded initiative included in the FY 2025/26 Capital Improvement Plan, designed to modernize the Community Development Department workspace to improve operational efficiency, and staff functionality.
PHASE ONE
The initial phase of the remodel, close to completion, included:
• Relocating the public service counter
• Demolition and replacement of four cubicle spaces with more functional configurations • Purchase of desks
• Addition of two new workspaces
• Relocation of the Building Official’s office door
• Removal of wallpaper, addition of wall texture, and painting throughout the area
Estimated cost for Phase One: $66,946.72
PHASE TWO
Staff is now seeking authorization to proceed with the second phase of the remodel, which will bring project costs above $50,000, requiring City Council approval. This phase is focused on further improving workspace efficiency and accommodating department needs, and includes:
• Demolition and reconfiguration of existing workspaces • Construction of a new meeting room
• Creation of dedicated space for copier and supplies storage • Addition of an employee-use area, including space for a refrigerator, microwave, and sink
Estimated cost for Phase Two: $165,327.48
Advancing to the second phase will complete the remodel in alignment with the goals presented during the CIP review and will provide necessary functional improvements to support both staff operations and customer service delivery.
SOLE SOURCE
To ensure continuity in project execution and maintain consistency in design and quality construction, staff is recommending a sole source contract with JR Scott Construction Inc, the same contractor that successfully completed the first phase of the remodel. This contractor is familiar with the facility layout, project requirements, and prior work completed, which will help minimize disruption and avoid potential delays.
In seeking additional bids, staff contacted two other qualified contractors; however, both indicated they were unable to submit proposals due to existing workload commitments. Given the time- sensitive nature of the project and the proven performance of the Phase One contractor, proceeding on a sole source basis is in the City’s best interest.
FISCAL IMPACT:
No additional appropriation is requested at this time. Funding for the second phase is included in the $610,000 previously appropriated. The project is multi-funded as follows:
• $150,000 – General Fund (Fund 0001)
• $460,000 – Building Safety Fund (Fund 0340)
ATTACHMENTS:
1. JR CONSTRUCTION INC QUOTE
13.D.
AGENDA
STAFF REPORT
MEETING DATE: 8/19/2025 AGENDA SECTION: CONSENT CALENDAR
SUBJECT:
Approval of Minor Design Modifications to the Plunge Mural (Mural 0004-25) Following City Council Approval of the Original Design on May 6, 2025.
RECOMMENDATION:
Recommendation:Council approves the minor design modification to the Plunge mural (Mural 0004- 25)
Recommended Motion: I motion to approve the minor design modification to the Plunge mural (Mural 0004-25).
BACKGROUND:
On May 6, 2025, the City Council approved the Plunge mural design - Mural 0004-25, Resolution 25- 26-R (see attached staff report and Resolution 25-26-R). The Urbanist Collective (local non-profit art organization) was selected to paint the mural. Upon sending the original council-approved mural design, they suggested a minor design modification by having a wave integrated as a background to the block lettering (see attached modification). Staff felt the wave design added artistic value to the mural through the depiction of water.
The block lettering was completed in early July. Upon Council approval, the wave and the clear anti- graffiti coating will be completed within the next few weeks.
FISCAL IMPACT:
ATTACHMENTS:
1. Staff Report - MUR0004-25
2. 25-27-R
3. The Modified Plunge Mural with the Wave Integrated
STAFF RECOMMENDATION
1. That the City Council, by motion, adopt Resolution 25-26-R approving Mural No. 0004-
25. RECOMMENDED MOTION
1. I move to adopt Resolution 25-26-R approving Mural No. 0004-25.
PROJECT DESCRIPTION
The project is a request by the City of Hanford, Parks & Community Services Department to paint a mural onto the exterior walls of an existing fence at The Plunge. A mural shall be defined as the following:
“Wall mural” or “mural” means an art form consisting of paint applied to a wall surface depicting a scene, personal experience or observation. A wall mural is to be public art, not for the purpose of identifying, advertising or drawing attention to a particular business, service or economic activity. For the purpose of regulation, hand painted signs on walls that contain commercial speech are considered signs and are not considered murals. Wall painting that has not been approved through a mural permit is considered graffiti.
As shown in Attachment 1, the mural depicts the word “Plunge” spelled out on each wall section, bracketed on either side by the City’s logo, painted directly onto the walls facing West Lacey Boulevard. The mural will be painted by the Boys and Girls Club, supervised by City staff.
In accordance with Hanford Municipal Code Section 17.56.230, no person shall paint a wall mural on the exterior of any structure or change any existing mural on the exterior of any structure prior to the issuance of a wall mural permit issued by the City Council. City Council had approved an amended mural ordinance per Ordinance No. 24-02 which directed the approval of mural applications at staff level. Due to a technicality, the amended mural ordinance was replaced with the previous version of the mural ordinance upon the adoption of Ordinance No. 24-11, which approved a comprehensive update of the Hanford Zoning Ordinance. Therefore, the previous provisions of the mural ordinance currently apply.
Mural Description
The proposed mural will occupy nine (9) wall sections of 10’ in length x 6’ 8’ in height. The lettering will be 48” in height and states the word “Plunge” in white letters outlined in dark blue against a solid light blue background. Each letter of the word is painted onto a separate wall along the fence, and the City of Hanford’s logo is painted in Hanford’s brand color of burgundy against a white background on either side of the word. On the right side of the mural, the Plunge’s hours will be painted in white against a background the same color as the dark blue outline used for the word “Plunge”. The mural will not extend onto any neighboring building or property.
Wall murals shall satisfy the following design criteria of Section 17.56.230(I) of the Hanford Municipal Code.
1. Have a plan for painting the mural that ensures the safety of painters and the public, and that does not impede public access. In the event that the safety plan submitted is not being adhered to, and the City has identified a safety risk to either the artist and/or the public, the City has the right to stop work until such time that safety issues or concerns are addressed by the artist.
ANALYSIS: The applicant shall close the sidewalk with traffic control signage and complete an encroachment permit through the Public Works Department required for work within the right-of-way.
2. To the extent feasible, the mural shall be vandal and graffiti resistant by using an approved graffiti/UV coating.
ANALYSIS: A condition of approval shall be that to the extent feasible, the mural shall be vandal and graffiti resistant by using an approved graffiti/UV coating. The applicant plans to use Dupont’s Tedlar clear protection, which provides outdoor durability and UV protection.
All enforceable design criteria for wall murals stated in Section 17.56.230(I) are satisfied.
FINDINGS FOR APPROVAL
In accordance with Section 17.56.230 of the Hanford Municipal Code, staff recommends approval of Mural No. 0004-25 and that the following findings are made:
1. That the proposal is consistent with the intent of development standards for wall murals.
2. That the proposal is consistent with the General Plan, specifically Policy E8 to support local arts and cultural activities that can contribute to the local economy, enrich residents’ lives, and strengthen a sense of community.
3. That the mural preserves and enhances the visual attractiveness of the City for residents, businesses, and visitors.
4. That the request will not adversely affect the public health, safety, and general welfare of the citizens of Hanford.
RECOMMENDATION – CONDITIONS OF APPROVAL
The City Council shall identify conditions of approval for the issuance of a wall mural permit.
Staff recommends that the City Council adopt Resolution 25-26-R approve Mural No. 0004-25, subject to the following conditions:
1. That approval of this project does not exempt compliance with all applicable sections of the Zoning Ordinance, Public Works Improvement Standards, fees, or other City Ordinances.
2. That the alterations to the exterior be completed in accordance with the proposed design.
Minor changes may be approved by the Community Development Director.
3. That to the extent feasible, the mural shall be vandal and graffiti resistant by using an approved graffiti/UV coating.
4. That the applicant, the owner of the structure, and the artist shall agree pursuant to language prepared by the City to indemnify, defend, and hold the City of Hanford its officials, officers, employees and agents harmless from and against any and all damages or liabilities of whatever nature arising out of or in connection with the wall mural.
5. That any use of the public right-of-way, including the public sidewalk or alley, will require approval of an encroachment permit issued by the Public Works Department.
Applicant/Property Owner:
City of Hanford
315-321 North Douty Street
Hanford, CA 93230
The Modified Plunge Mural with the Wave Integrated
13.E.
AGENDA
STAFF REPORT
MEETING DATE: 8/19/2025 AGENDA SECTION: CONSENT CALENDAR
SUBJECT:
Pre-authorize the City Manager to enter into a contract with the lowest responsible bidder for Flint Ave (Joshua Street and 11th Avenue) sidewalk construction, for an amount not to exceed $253,701.
RECOMMENDATION:
Recommendation:
That the city council authorize the advertisement of the Flint Sidewalk Project and authorize the City Manager to execute the agreement with the lowest reasonable bidder.
Recommended Motion:
I move that by motion, the City Council approve the advertisement of the Flint Ave Sidewalk project and authorize the City Manager to execute the agreement with the lowest responsible bidder, not to exceed $253,701.
BACKGROUND:
The Flint Avenue sidewalk, between Joshua Street and 11th Avenue, on the South side of Flint, currently consists of an asphalt trail originally intended to provide a safe pedestrian route through the neighborhood. Over time, the asphalt surface has deteriorated due to weather, wear, and age. The pathway is now in poor condition, creating potential safety hazards and reducing accessibility for residents, including those with mobility challenges.
This segment of sidewalk serves as a key pedestrian connector for nearby residential areas, schools, and community amenities. To maintain safe and ADA-compliant pedestrian infrastructure, staff have identified the need for full removal and replacement of the existing surface.
The project will be completed in two phases:
City Staff Work:
Removal, grading, and disposal of approximately 8,750 square feet of existing asphalt surface.
Contractor Work:
Installation of 8,750 square feet of new Portland cement concrete sidewalk, meeting ADA standards and designed for long-term durability.
The new concrete pathway will provide a safe, secure, and accessible walking surface for residents and visitors. If approved, this pre-authorization will speed up the implementation of this project.
FISCAL IMPACT:
The approved budget for FY25/26 allotted $253,701 in TDA fund 0050 and can fully support this project.
ATTACHMENTS:
1. Flint Ave Sidewalk Project
Flint Ave Sidewalk Project
Between 11th Ave and Joshua St.
1000 ft
N ➤ ➤
N
Image Landsat / Copernicus
Image Landsat / Copernicus
Image Landsat / Copernicus
Data SIO, NOAA, U.S. Navy, NGA, GEBCO
Data SIO, NOAA, U.S. Navy, NGA, GEBCO
Data SIO, NOAA, U.S. Navy, NGA, GEBCO
Data LDEO-Columbia, NSF, NOAA
Data LDEO-Columbia, NSF, NOAA
Data LDEO-Columbia, NSF, NOAA
13.F.
AGENDA
STAFF REPORT
MEETING DATE: 8/19/2025 AGENDA SECTION: CONSENT CALENDAR
SUBJECT:
Authorization to award a contract to PARC Environmental for the abandonment of one (1) underground fuel tank located at Hanford Municipal Airport in the amount of $83,369.72 and additional appropriation from the Airport Operation Fund.
RECOMMENDATION:
Recommendation:
That the City Council, by motion, award a contract to PARC Environmental for the abandonment of one (1) underground fuel tank located at the Hanford Municipal Airport in the amount of $83,369.72 and additional appropriation from the Airport Operation Fund
Recommended Motion:
I move to award a contract to PARC Environmental for the abandonment of one (1) underground fuel tank located at the Hanford Municipal Airport in the amount of $83,369.72 and additional appropriation from the Airport Operation Fund
BACKGROUND:
The Hanford Municipal Airport currently contains an underground aviation fuel storage tank that has reached the end of its service life. The tank is no longer in active use and requires removal to comply with current environmental regulations and safety standards and must be completed by December 31, 2025.
Over time, underground fuel tanks pose potential environmental risks, including soil and groundwater contamination. The California State Water Resources Control Board (SWRCB) and the Federal Aviation Administration (FAA) encourage proactive removal of outdated or unused tanks to prevent costly remediation in the future.
The City has identified the removal of the existing underground fuel tank as a priority project to improve operational safety, support future airport development, and maintain regulatory compliance.
The scope of the work includes:
• Excavation and safe removal of one underground aviation fuel storage tank and associated piping.
• Proper disposal of any residual fuel and tank contents in accordance with environmental regulations.
• Soil sampling and testing to identify potential contamination.
• Site restoration to original grade and condition.
All work will be conducted under the oversight of certified environmental professionals to ensure compliance with California Environmental Quality Act (CEQA) requirements, state hazardous waste disposal laws, and FAA safety standards.
City staff solicited bids for the project and received a total of 3 bids.
1. PARC Environmental $83,369.72
2. GEMS Environmental Management $117,016
3. American Integrated Services $177,480 FISCAL IMPACT:
This project will be funded from Airport Operations Fund 0300.
ATTACHMENTS:
1. RFB 2026-02 - HJO Closure of Existing Underground Fuel Storage Tank Final
2. Bid Forms signed
3. CARB Certificate of Reported Compliance with Off Road Diesel Fleets
4. PARC Environmental
CITY OF HANFORD
HANFORD MUNICIPAL AIRPORT
Closure of Existing Underground
Fuel Storage Tank
RFB 2026-02
Bid Opening: August 6, 2025 at 2:00 p.m.
REQUEST FOR BIDS
City of Hanford
315 N. Douty Street
Hanford, CA 93230
(559) 585-2589
Prepared by:
7-8-25
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REQUEST FOR BIDS FOR
HANFORD MUNICIPAL AIRPORT
HANFORD, KINGS COUNTY, CALIFORNIA
CLOSURE OF EXISTING UNDERGROUND FUEL STORAGE TANK
TABLE OF CONTENTS
Section Title Page
ORGANIZATION OF SPECIFICATIONS\
DIVISION I BIDDING AND CONTRACT DOCUMENTS
Notice to Contractors .................................................................................. A-1 Instructions to Bidders ................................................................................ B-1 Vicinity Map
Proposal Forms
Bid Proposal................................................................................................ C-1 Bid Schedule ............................................................................................... C-6 Bidder Guaranty Bond ................................................................................ C-8 Non-Collusion Declaration ......................................................................... C-10 Certification of Bidder’s Experience and Qualifications ........................... C-11 Designation of Subcontractors ................................................................... C-12 Fleet Compliance Certification .................................................................. C-13
Sample Forms
Agreement
Faithful Performance Bond
Payment Bond
Guaranty Bond
DIVISION II GENERAL PROVISIONS
Part A General Contract Provisions:
10 Definition of Terms .................................................................................... GP-1 20 Proposal Requirements and Conditions ..................................................... GP-8 30 Award and Execution of Contract .............................................................. GP-11 40 Scope of Work ............................................................................................ GP-13 50 Control of Work .......................................................................................... GP-16 60 Control of Materials .................................................................................... GP-21 70 Legal Relations and Responsibility to Public ............................................ GP-24 80 Execution and Progress .............................................................................. GP-32 90 Measurement and Payment ........................................................................ GP-38
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TABLE OF CONTENTS
Section Title Page
DIVISION II GENERAL PROVISIONS (Continued)
Part B General Construction Items – AC 150/5370-10H:
C-102 Temporary Air and Water Pollution, Soil Erosion, and Siltation Control ........................................................................................ GC-1 C-105 Mobilization .................................................................................................. GC-4 C-106 Marking and Lighting of Closed Airport Facilities ...................................... GC-6
DIVISION III SPECIAL CONDITIONS
SC (1) Location .............................................................................................. SC-1 (2) Work To Be Done .............................................................................. SC-1 (3) Plans and Specifications ..................................................................... SC-1 (4) Laws to be Observed .......................................................................... SC-1 (5) California Air Resources Board (“CARB”) Regulations .................. SC-3 (6) Laws Affecting Public Works ............................................................ SC-3 (7) Limits of Construction ....................................................................... SC-3 (8) Progress of Work and Time of Completion ....................................... SC-3 (9) Liquidated Damages........................................................................... SC-4 (10) Construction Schedule ....................................................................... SC-4 (11) Closures of Runway, Taxiways, and Aprons ..................................... SC-4 (12) Hauling Routes on Airport Property .................................................. SC-5 (13) Contractor's Storage and Staging Area .............................................. SC-6 (14) Watering ............................................................................................. SC-6 (15) Marking of Construction Equipment ................................................. SC-7 (16) Aircraft Right of Way and Access ..................................................... SC-7 (17) Protection of Cables, Controls, NAVAIDs and Weather Bureau Facilities ......................................................................................... SC-7 (18) Airport Security .................................................................................. SC-8 (19) Aviation Safety Requirements During Construction ......................... SC-9 (20) Preconstruction Conference ............................................................... SC-14 (21) Submittals and/or Shop Drawings ..................................................... SC-15 (22) Submittal and Shop Drawing Approvals ........................................... SC-16 (23) Videotaping ........................................................................................ SC-16 (24) Construction Management Plan ......................................................... SC-16 (25) Workmanship ..................................................................................... SC-17 (26) Contractor's Record Drawings ........................................................... SC-17 (27) Operation and Maintenance Manuals ................................................ SC-17 (28) Anti-Trust Assignment ....................................................................... SC-17 (29) Contractor Not Agent, Nor Employee ............................................... SC-17 (30) Contractor's Guarantee ....................................................................... SC-18 (31) Coordination Meeting ........................................................................ SC-18 (32) Existing Conditions ............................................................................ SC-18 (33) Determination of In-Place Density .................................................... SC-18
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TABLE OF CONTENTS
Section Title Page
APPENDICES
APPENDIX A – Construction Safety and Phasing Plan (CSPP) APPENDIX B – Required Submittals
APPENDIX C – Underground Storage Tank Permit
DIVISION I
BIDDING AND CONTRACT DOCUMENTS
Notice to Bidders Division I - Page A-1
NOTICE TO CONTRACTORS
Bid Submissions will be received through the Bidnet Direct’s California Purchasing Group website below until 2:00 p.m. on Wednesday, August 6, 2025, at which time they will be publicly opened digitally and posted for performing work in accordance with Plans and Specifications, therefore, as follows:
HANFORD MUNICIPAL AIRPORT
CLOSURE OF EXISTING UNDERGROUND FUEL STORAGE TANK
Bids are required to provide all labor, materials, equipment, supervision, and insurance necessary for the entire work as described herein:
• Closure of one 12,000-gallon Avgas tank, which is scheduled for decommissioning on Dec. 31, 2025. D emolition of the existing above ground fuel dispensers and miscellaneous equipment.
Obtaining Bid Documents
Plans, specifications, and proposal forms to be used for bidding shall only be obtained through the Bidnet Direct’s California Purchasing A Group website:
http://www.bidnetdirect.com/california/cityofhanford
All vendors looking to do business with the City of Hanford are encouraged to register to access bids, related documents, addendum, planholder lists, and award information. All bid documents shall be included in the Bidnet Direct’s California Purchasing Gr oup website submission to be valid at the time of bid opening.
Pre-bid Conference
The City shall conduct a pre -bid conference on Wednesday, July 23, 2025, at 10:00 a.m. at the following location: 315 N. Douty Street, Hanford, California. All interested bidders are invited to attend.
Contract Time
This work shall be constructed in accordance with details as shown on the plans and described in the specifications for this project. The construction work for the entire project shall be completed within ten (10) working days. Contractor shall complete work to the satisfaction of the Kings County Environmental Health Department prior to December 31, 2025.
Bid Security
Bids must be from a contractor appropriately licensed by the time of award must be sealed and accompanied by cash, a certified or cashier's check, equivalent to ten percent (10%) of the proposal, payable to the order of City of Hanford, to guarantee that if a proposal is accepted, a contract will be entered into and its performance secured. Such guaranty to be forfeited should the bidder to whom the contract is awarded fail to enter into this contract. A Bidder's Bond to like effect and amount with
Notice to Bidders Division I - Page A-2
a corporate surety will be acceptable for this project. Bids must be in writing and signed by or on behalf of the bidder.
Questions/Addenda
All questions regarding this project shall be in writing and shall be submitted through Bidnet, no later than 4:00 P.M. on July 30, 2025.
Any changes to, or clarification of, the project plans and specifications shall be in the form of an addendum issued to plan holders of record. Questions that prompt a change or clarification shall be included in the addendum with the subsequent answer.
Bonding Requirements
The successful bidder or bidders will be required to furnish a Performance Bond for 100 percent of the contract price to secure fulfillment of all the bidder's obligations under such contract. The successful bidder will further be required to furnish a Payment Bond for 100 percent of the contract price to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract.
Award of Contract
The contract will be awarded on the basis of UNIT BID price and will provide for progressive payments and liquidated damages as fixed in the specifications. All proposals must be made on the forms as contained in the specifications for the previously desc ribed project and shall in all respects comply with the Instructions to Bidders and Contract Documents. Bids must be in writing and signed by or on behalf of the bidder. No bidder may withdraw his bid for a period of thirty (30) days after the date set for the opening thereof.
The City reserves the right to waive any informality or irregularity in a bid and to increase or decrease the amount of any part of the work.
CARB Contracting Requirements
The California Air Resources Board (“CARB”) implemented amendments to the In-Use Off-Road Diesel-Fueled Fleets Regulations (“Regulation”) which are effective on January 1, 2024, and apply broadly to all self-propelled off road diesel vehicles 25 horsepower or greater and other forms of equipment used in California. A copy of the Regulation is available at https://ww2.arb.ca.gov/sites/default/files/barcu/regact/2022/off-roaddiesel/appa-1.pdf. Bidders are required to comply with all CARB and Regulation requirements, including, without limitation, all applicable sections of the Regulation, as codified in Title 13 of the California Code of Regulations section 2449 et seq. throughout the duration of the Project. Bidders must provide, with their Bid, copies of Bidder’s and all listed subcontractors’ most recent, valid Certificate of Reported Compliance (“CRC”) issued by CARB. Failure to provide valid CRCs as required herein may render the Bid non- responsive.
Contractor’s License Classification
A contractor will not be required to be licensed to prepare a bid for the project but must be licensed in accordance with the provisions of Chapter 9, Division III of the Business and Professions Code,
Notice to Bidders Division I - Page A-3
before performing any work on the project. A license of the classification of C61/D40 with HAZ is required for the work proposed under this contract and is mandatory.
Wage Rates
All labor on the project shall be paid the minimum wage rates as established by the California Director of Industrial Relations.
DIR Registration
This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR). No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 (with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)). No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.
Securities
Monthly progress payments shall be made to the Contractor for the value of the work completed during the preceding month, less a five percent (5%) security withhold. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City or with a state or federally chartered bank as the escrow agent, who shall pay such monies to the Contractor upon satisfactory completion of the contract. Securities eligible for investment under this section shall include those listed in Government Code Section 16430 or bank or savings and loan certificates of deposit. The Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon.
_________________________________
CITY OF HANFORD, a Municipal
Corporation of the State of California
Dates: July 10, 2025, and July 16, 2025
Instructions to Bidders Division I - Page B-1
INSTRUCTIONS TO BIDDERS
1. PROPOSAL REQUIREMENTS
A. General Requirements. The Bidder’s / Contractor's attention is directed to Division II General Provisions, Part A, General Contract Provisions, Section 20, "Proposal Requirements and Conditions," for general details on the preparation of proposals for this Project.
B. Registration Requirement: Per Public Works Contractor Registration Law [SB 854], Contractors and Subcontractors who intend to bid or perform work on this Project must be registered with the Department of Industrial Relations. Information is available at:
https://www.dir.ca.gov/public-works/contractors.html
2. SCOPE OF PROJECT
The work to be done under this contract consists of furnishing all materials, plant and equipment, and performing all necessary labor in accordance with the prepared plans, specifications, and special provisions as directed by the City or its authorized r epresentative, as follows:
• Closure of one 12,000-gallon Avgas tank, which is scheduled for decommissioning on Dec. 31, 2025. D emolition of the existing above ground fuel dispensers and miscellaneous equipment.
3. PROJECT INFORMATION
All questions regarding this project shall be in writing and shall be submitted through Bidnet, no later than 4:00 P.M. on July 30, 2025.
4. ADDENDA
If any person contemplating submitting a bid for the proposed contract is in doubt as to the true meaning of any part of the Plans and Specifications or other proposed Contract Documents or finds discrepancies in or omissions from the drawings or Specifications, he/she may submit to the City Engineer through BidNet a request for information for interpretation or correction thereof. The person submitting the request shall submit said request at least seven (7) days prior to the bid opening date. Any interpretation or correction of the proposed documents will be made only by Addendum duly issued, and a copy of such Addendum will be issued through Bidnet to planholders of record.
The City Council will not be responsible for any other explanations or interpretations of the proposed documents.
Each bid form shall include specific acknowledgment in the space provided of receipt of all addenda issued and mailed by the Owner during the bidding period. Failure to so acknowledge may result in the bid being rejected as not responsive.
Instructions to Bidders Division I - Page B-2
5. PREPARATION OF BID
Bids will be received through the City’s Bidnet at:
http://www.bidnetdirect.com/california/cityofhanford
Each bid must be submitted on the prescribed form. All blank spaces for bid prices must be filled in.
6. PROPOSAL GUARANTY- BIDDER’S BOND
Each proposal shall be accompanied by one of the following forms of the bidder’s security:
cash, certified cashier's check, or a bidder's bond executed by an admitted surety insurer, made payable to the City of Hanford for an amount equal to at least ten percent (10%) of the total bid amount. No bid will be considered unless such cash, certified cashier's check or bidder's bond is enclosed therewith. Bidder’s Bond shall be furnished from an admitted surety insurer listed in the Federal Register.
Pursuant to California Code of Civil Procedure Section 995.120 an "Admitted Surety Insurer" is defined as a corporate insurer or a reciprocal or inter-insurance exchange to which the Insurance Commissioner of the State of California has issued a Certificat e of Authority to transact surety insurance in the State of California.
A scanned copy of Bid Bonds must be submitted electronically with the bid through Bidnet prior to bid opening. Original hard copies of Bid Bonds shall be provided by the apparent low bidder within five business days following bid opening and can be received at 900 S. 10th Ave. Hanford CA 93230 addressed to City Engineer.
7. BID PRICES
Bid prices shall include everything necessary for the completion of the work including, but not limited to, providing the materials, equipment, tools, plant and other facilities, and the management, superintendence, labor and services, and any warranty and maintenance required. Bid prices shall include allowance for federal, state and local taxes.
8. BIDDER'S QUALIFICATIONS
It is required that prior to award the Contractor hold a valid contractor's license of a class C61/D40 with HAZ in accordance with the State Contractor's License Law requirements under the provisions of Chapter 791, Statutes of California, 1929, as amended.
In accordance with Senate Bill 854 (SB 854), all contractors submitting a bid for this project must be registered with the Department of Industrial Relations (DIR). All contractors and subcontractors who bid and work on any City-awarded public works project must be registered.
Instructions to Bidders Division I - Page B-3
9. DESIGNATION OF SUBCONTRACTORS
In the State of California all bids shall be accompanied by a List of Subcontractors that the Bidder proposes to use who will perform work or labor or render service to the Bidder in excess of one-half of one percent of the Bidder’s total bid or $10,000, whichever is greater. The names, principal business address, license number, and portion of work that will be done by each subcontractor shall be submitted on the form which is furnished in the Proposal Forms of these Contract Documents.
Bidder shall be solely responsible to correct any errors in the listing of the California Contractor’s license number. A deadline of 24 hours after bid opening is established by which a bidder must submit corrected California Contractor’s license number information to the City. A bidder’s failure to submit corrected California Contractor’s license numbers will cause the bid to be non-responsive.
If the Bidder fails to specify a subcontractor for any portion of the work to be performed under the Contract in excess of one-half of one percent of the Bidder’s total bid, the Bidder agrees to perform that portion itself. The successful bidder shall not, without the consent of City either:
a.) Substitute any person, firm, or corporation as subcontractor in place of the subcontractor designated in the original bid; or
b.) Permit any subcontractor to be assigned or transferred or allow it to be performed by anyone other than the original subcontractor listed in the bid.
The Bidder shall include in his proposal for the work the name and the location of the place of business, the California Contractors License number, and DIR number of each subcontractor who will perform work or labor or render service to the general contractor in or about the construction of the work or improvement in an amount in excess of one half (1/2) of one percent (1%) of the general contractor's total bid, and the portion of the work which will be done by each subcontractor. An inadvertent error in California Contractor License Number shall not be grounds for filing a bid protest or ground for considering the bid nonresponsive as long as the corrected Contractor’s License Number is submitted to the City by the prime contractor within 24 hours of the bid opening.
10. PREVAILING WAGE REQUIREMENTS
Wage rates and restrictions on working days and times shall meet all requirements of the Labor Code of the State of California for public contract. All labor on this Project shall be paid not less than the minimum wage rates established by the State of California's Director of the Department of Industrial Relations (State Wage Rates). The bidder may contact the Director of the Department of Industrial Relations, phone number (415) 703- 4774 or www.dir.ca.gov/dlsr/PWD / (website), to obtain a schedule of the State general prevailing wages applicable to the location and work to be done.
The Contractor and the Contractor’s subcontractors are responsible for compliance with the requirements of Section 1777.5 and 1777.6 of the Labor Code of the State of California regarding employment of apprentices.
Instructions to Bidders Division I - Page B-4
11. CONTRACT BONDS
Upon receipt of written notice of award of the contract and not more than fifteen (15) days thereafter, the Contractor shall furnish the following bonds with power of attorney issued by a surety licensed to do business in the State of California. The form of the bonds shall be acceptable to the Owner:
A. Faithful Performance Bond in a sum equal to one hundred percent (100%) of the amount of the contract awarded. This bond shall be made payable to the City of Hanford to guarantee the faithful performance of the contract.
B. Payment Bond in a sum equal to one hundred percent (100%) of the amount of the contract awarded. This bond shall be made payable to the City of Hanford to guarantee the payment of all labor, materials, rentals, etc. This bond shall have specific provisions to assure payment of all unemployment contributions which become due and payable.
12. EXISTING FACILITIES
The Contractor's attention is directed to the fact that the existing airport facilities must be kept in operation with an absolute minimum of interference, except as specified in the Special Conditions section of these specifications, in order that no delays or hazards affect the using of this airport facility.
The Contractor shall be required to plan and coordinate his work with the Resident Project Representative (RPR) in such a manner as to ensure safety and a minimum of hindrance to the public using the facilities. All construction and access to the construction must be confined to the limits designated by the RPR.
Portions of the tie down apron, fuel island and Taxiway A at the airport will be closed intermittently during construction of the project but the runway, remaining taxiways, and hangars shall be kept open for aircraft operations.
13. SUBLETTING OF CONTRACT
The Contractor shall not sublet, sell, transfer, assign or otherwise dispose of the contract or contracts or any portion thereof, or of his right, title, or interest therein, without written consent of the Owner. In case such consent is given, the Contractor will be permitted to sublet a portion thereof, but shall perform with his own organization not less than 30 percent of the total contract cost, except that any items designated by the Contractor and approved by the Owner as "specialty items" may be performed by subcontract and the cost of any such specialty items so performed by subcontract may be deducted from the total cost before computing the amount of work to be performed by the Contractor with his own organization. No subcontracts or transfer of contract shall release the Contractor of his liability under contracts and bonds.
14. CALIFORNIA AIR RESOURCES BOARD (“CARB”) REGULATIONS
The City is a Public Works Awarding Body, as defined under Title 13 California Code of Regulations section 2449(c)(46). Accordingly, Bidders must submit, with their Bids, valid
Instructions to Bidders Division I - Page B-5
Certificates of Reported Compliance (“CRC”) for the Bidder’s fleet and for the fleet(s) of its listed subcontractors (including any applicable leased equipment or vehicles). Bidder must additionally complete and submit the Fleet Compliance Certification, included in the Bid Documents. Failure to provide a CRC for the Bidder, and for all listed subcontractors, or failure to complete the Fleet Compliance Certification, may render the Bid non-responsive.
15. BID EVALUATION
Bids will be evaluated for price, conformance to the Plans, Specifications, Bid Documents, experience, and other factors as appropriate.
The bid price for each item on the Bid Schedule shall include all costs associated with completing the work included in the item and only those costs. Profit and overhead shall be factored into each item.
In case of conflict in the proposal between unit price bid and the extended total, the unit price bid shall govern. In case of conflict between words and numerals, the words, unless obviously incorrect, shall govern.
16. BASIS OF AWARD
The contract, if awarded, will be awarded to the lowest responsive and responsible bidder who is in compliance with these instructions and the Advertised Notice to Bidders, provided the bids are reasonable and it is to the interest of the Owner to accept them. The competency and the responsibility of bidders and of their proposed subcontractors will be considered in making the award of the bid.
The Owner reserves the righ t to reject any or all bids and to waive irregularities not affecting substantial rights.
The basis of the award is subject to all conditions as contained in the General Contract Provisions, Section 30, Award and Execution of Contract, of these specifications. It is understood and agreed that all equipment and material items shall be in stockpile under immediate control of the Contractor prior to the time they will be needed to complete the work at the Airport.
17. UNBALANCED PRICING
An offer with unbalanced pricing is not acceptable. Unbalanced pricing may increase performance risk and could result in payment of unreasonably high prices or payment for incomplete work, or for work not done. Unbalanced pricing exists when, despite an acceptable total overall price, the price of one or more Contract line items is significantly over or understated, as determined by the Engineer in the application of customary construction industry standard techniques for cost and price analysis.
All offers with separately priced line items or sub-line items will be analyzed to determine if the prices are unbalanced. Bidders shall provide a schedule of values for all lump sum items upon request. If an offer is deemed to be unbalanced, the CITY will:
Instructions to Bidders Division I - Page B-6
A. Consider the risks to the CITY associated with the unbalanced pricing in determining the competitive range and in making the award decision; and B. Consider whether award of the Contract will result in paying unreasonably high prices for Contract performance and whether the award fails to represent the lowest ultimate cost to the CITY.
An offer may be rejected if the CITY deems that the lack of balances poses an unacceptable risk to the CITY. The CITY reserves the right to delete all or part of an item that is deemed to be unbalanced and award the Contract; and to require that item of work to be done by force account or negotiated price.
18. WORKER'S COMPENSATION INSURANCE
The Contractor shall provide worker's compensation insurance, as required under the laws of the State of California, protecting the employees on the work, and shall pay all premiums due thereunder.
19. PUBLIC LIABILITY INSURANCE
For insurance requirements see “Insurance Requirements” included in Item 70-21 of Division II, Part A, General Contract Provisions, of these specifications.
20. TIME OF COMPLETION
The Contractor shall begin work within ten (10) calendar days after the date set in the written Notice to Proceed by the Owner and shall diligently prosecute same to completion for all of the proposed construction.
This work shall be constructed in accordance with details as shown on the plans and described in the specifications for this project. The construction work for the entire project shall be completed within ten (10) working days beginning on date of written Notice to Proceed. Contractor shall complete work to the satisfaction of the Kings County Environmental Health Department prior to December 31, 2025.
21. LIQUIDATED DAMAGES
If the Contractor refuses or fails to complete the work within the working day time specified, including authorized extensions, there shall be deducted from monies due the Contractor, not as a penalty, but as liquidated damages the sum of Three Thousand Dollars ($3,000.00) for each calendar day subsequent to the time specified and the time the work is actually completed and accepted. Delays caused by adverse weather conditions or conditions for which the Owner is clearly responsible will be added to the contract time.
The contractor shall complete all work to the satisfaction of the Kings County Environmental Health Department prior to December 31, 2025. If the contractor refuses or fails to complete this work prior to December 31, 2025, there shall be deducted from monies due the Contractor, not as a penalty,
Instructions to Bidders Division I - Page B-7
but as liquidated damages, the sum of Five Thousand Dollars ($5,000) for each calendar day after December 31, 2025, the contractor has not completed the work.
22. CERTIFIED PAYROLL
The Contractor shall submit all certified payrolls, including subcontractors, to the CITY and DIR each month. Failure to submit complete certified payroll in a timely manner may delay progress payments. For certified payroll to be considered for review, the submittal must contain the necessary information in a clear, logical manner.
23. CONTRACTOR’S LICENSE
Each Bidder must have a Class “ C61/D40 with HAZ” California Contractor's License as required under provisions of the California Business and Professions Code.
24. APPEAL BY UNSUCCESSFUL BIDDERS
Any unsuccessful Bidder may appeal a pending bid award prior to award by the CITY. The appellant must:
A. Submit a written protest to the CITY within five (5) workdays after the bid opening.
B. Describe, in the written protest, the issues to be addressed on appeal.
C. Post, with the written protest, a bond with good and solvent surety authorized to do business in this state or submit other security in a form approved by the CITY, who will hold the bond or security until a determination is made on the appeal.
D. Post the bond or other security in the amount of 25% of the total dollar value of appellant’s bid, up to a maximum bond or other security amount of $250,000.
E. Not seek any type of judicial intervention until the CITY has rendered its final decision on the protest.
25. INDEPENDENT CONTRACTOR STATUS
The parties agree that the Contractor shall have the status of and shall perform all work under this Contract as an independent Contractor, maintaining control over all its consultants, subconsultants, contractors, or subcontractors. The only contractual relationship created by this Contract is between the CITY and the Contractor, and nothing in this Contract shall create any contractual relationship between the CITY’s and Contractor's consultants, subconsultants, contractors, or subcontractors.
The parties also agree that by explicit agreement of the parties, the Contractor is not a CITY employee and that there shall be no:
• Withholding of income taxes by the CITY;
• Industrial insurance coverage provided by the CITY;
Instructions to Bidders Division I - Page B-8
• Participation in group insurance plans which may be available to employees of the CITY; • Participation or contributions by either the independent Contractor or the CITY to the public employees’ retirement system;
• Accumulation of vacation leave or sick leave.
26. SHOP AND MANUFACTURER'S DRAWINGS
The successful bidder shall submit to the RPR an electronic PDF of the name of manufacturers, catalog numbers, and shop drawings of each item of equipment he proposes to furnish and install under this contract. These submittals shall be made to the RPR prior to or at the preconstruction conference.
27. PAYMENTS
Progress payments shall be made at least once each month as the work progresses. These progress payments shall be based on work accomplished during the previous working month, based on the various contract bid items and the unit bid prices included in the Bid Schedule submitted by the Contractor with his/her bid. In applying for payments, the Contractor shall submit a statement based on this schedule. Payment will be made only for material and work actually incorporated in the work.
28. WITHHOLDING
Owner shall withhold from each payment due the Contractor five percent (5%) of the amount claimed. This 5% of the payment shall be withheld until final acceptance of the total project is given by the Owner and by the RPR. After final acceptance of the project is given and the Contractor has submitted acceptable release of all liens and furnished the RPR acceptable red -lined drawings showing the "as-built" condition of the completed project, then the Owner shall release for payment the 5% retention. Owner will make such final payment of retention within thirty-five (35) days of final acceptance of the project and submittal of release of liens, red-lined as-built drawings, and all other Contractor Final Project Documentation required by the City.
Pursuant to Government Code Section 4590, at the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the C ity or with a state or federally chartered bank as the escrow agent, who shall pay such monies to the Contractor upon satisfactory completion of the contract.
Securities eligible for investment under this section shall include those listed in Government Code Section 16430 or bank or savings and loan certificates of deposit.
The Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon.
Instructions to Bidders Division I - Page B-9
29. DEFINITIONS
Whenever in the specifications or on the drawings the word directed, required, permitted, designated, ordered, or words of like import are used, it shall be understood that the direction, requirement, permission, designation or order of the City of Hanford is intended; and, similarly, the words approved, satisfactory, suitable, acceptable, or words of like import, shall mean approved by the representative of the City of Hanford authorized to express such approval.
30. TAXES
Bidders shall have included in their bids any and all Federal, State and local taxes of whatever nature in connection with material to be furnished to the City. Absolutely no extras shall be allowed for such by the City. The successful bidder will be required to obtain a Business Tax Certificate from the City of Hanford prior to commencing work under a contract with the City. Failure to obtain the Tax Certificate within fifteen (15) days of the AWARD OF CONTRACT will be cause for termination of the Contract or the contract process if not yet fully executed.
31. UNDERGROUND STORAGE TANK PERMIT
The City has an Underground Storage Tank (UST), which expires on December 31, 2025. A copy of this permit has been included in these specifications as Appendix C.
32. CONTRACT DOCUMENTS
The form of agreement which the successful bidder, as Contractor, will be required to execute and the form of bonds which he will be required to furnish are included in the Contract Documents and should be carefully examined by each bidder. The agreement and bonds will be executed in two (2) original counterparts. The complete contract consists of the Contract Documents as defined in the agreement, and are intended to cooperate and be complementary so that any work called for in one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents. The intention of the documents is to include all labor, materials, equipment, transportation and services necessary for the proper execution of the work.
33. DECLARATION FOR FINAL PAYMENT
After the completion of the work of this contract, the Contractor shall file with the City his/her declaration under penalty of perjury stating that all workers and persons employed, all firms supplying the materials and all subcontractors upon the project, have been paid in full and that there are no bills outstanding against the project for either labor or materials except certain items, if any, to be set forth in detail in the declaration. The filing of such declaration by the Contractor and all other submittals required by the City shall be a condition precedent to Contractor's receipt of the final payment on this contract.
** END OF SECTION **
Instructions to Bidders Division I - Page B-10
Page Intentionally Left Blank
PROPOSAL FORMS
SUBMIT THIS SHEET AS PART OF YOUR BID.
Bid Proposal Division I - Page C-1
BID PROPOSAL
Bid Opening Date: Wednesday, August 6, 2025 Bid Opening:
Hour of Bid Opening: 2:00 P.M. Bidnet
http://www.bidnetdirect.com/california/cityof
hanford
Pre-Bid Conference Date: July 23, 2025 Place of Pre-Bid Conference:
Hour of Pre-Bid Conference: 10:00 A.M. City of Hanford Finance Department 315 N. Douty Street
Hanford, California 93230
TO: The City of Hanford, State of California:
The undersigned bidder declares that he has carefully examined the Plans and Specifications, Instructions to Bidders, General Contract Provisions, Contract Form and Bond Forms including Addenda No.(s) to the project described as follows:
HANFORD MUNICIPAL AIRPORT
CLOSURE OF EXISTING UNDERGROUND FUEL STORAGE TANK
The undersigned bidder further declares that he has made an examination of the site of the proposed work and has made such investigations as are necessary to determine the character of the materials to be handled, the probable interference due to airport operations and other conditions to be encountered, independently of the indications of the Plans, that he has examined the general prevailing wage rates for all public projects of the State of California and hereby accepts the same and certifies that these rates shall be paid for labor connected with this project. That if this proposal is accepted, he will contract with the City of Hanford, in the form of Contract hereto annexed; will, to the extent of his bid, provide any and all necessary machinery, tools, and apparatus, and other means of construction; and will furnish all material and labor as specified or called for by the plans as is necessary to complete the work in the manner specified and in accordance with the requirements of the City of Hanford.
In the performance of this project, the undersigned agrees to abide by all of the Contract requirements contained in the Specifications and all documents. It is further certified that the wage rates been examined and the prices bid in this proposal are based on the above-mentioned schedule.
The undersigned agrees that he will order all materials and equipment under this contract and will commence work within ten (10) days after receiving written notice to proceed and that he will complete the work within ten (10) working days of written Notice to Proceed. Contractor shall complete work to the satisfaction of the Kings County Environmental Health Department prior to December 31, 2025.
SUBMIT THIS SHEET AS PART OF YOUR BID.
Bid Proposal Division I - Page C-2
The undersigned further agrees that should he fail to complete any segment of work in the working day time specified, he will pay liquid ated damages in the amount of $3,000.00 for each consecutive calendar day thereafter to the City as prescribed in these specifications.
The contractor further agrees that should he fail to complete all work to the satisfaction of the Kings County Environmental Health Department prior to December 31, 2025, he will pay liquidated damages in the amount of Five Thousand Dollars ($5,000) for each calendar day thereafter to the City as prescribed in these specifications.
The undersigned further declares that this proposal is made according to the provisions and under the terms of the contract documents bound herewith; and in accordance with the accompanying plans, which plans and the aforementioned contract documents are hereby made a part of this proposal.
The bidder further declares that he will accept the unit prices and/or lump sum prices as hereinafter written in the Bid Schedule of this proposal as full payment for the proposed work.
It is understood that City reserves the right to reject this proposal and that it shall remain open and not be withdrawn for a period of thirty (30) days from the date prescribed for its opening.
It is understood that the City reserves the right to increase or decrease the quantities of items bid in the contract with no change in the unit prices bid, provided the change in a major item (20 percent of total bid) does not exceed 25 percent.
Attached hereto and incorporated herein, in compliance with Section 4100- 4113 of the Government Code of the State of California, is a "Designation of Subcontractors."
It is understood and agreed that if written notice of the acceptance of this proposal is mailed or delivered personally to the undersigned bidder within thirty (30 ) days after the opening of the proposal, or at any time thereafter before it is withdrawn, the undersigned bidder will execute and deliver the Contract Documents to City in accordance with the proposal as accepted, together with the insurance documents specified in Minimum Scope of Insurance requirements of these specifications, and will also furnish and deliver to City the Performance Bond and Payment bond as herein specified, all within ten (10) days after personal delivery or deposit in the mails, as the case may be, of the notification of award and that the work under the contract shall be commenced by the undersigned bidder on the date to be stated in City's notice to proceed, and shall be completed in the time specified in the agreement for construction or any modification thereto duly made by change order.
Notice of acceptance or request for additional information may be addressed to the undersigned bidder at the business address set forth below:
_______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________
SUBMIT THIS SHEET AS PART OF YOUR BID.
Bid Proposal Division I - Page C-3
The undersigned bidder declares that this proposal is not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the undersigned bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham proposal and has not directly or indirectly colluded or agreed with any bidder or anyone else to put in a sham proposal or to refrain from bidding; that the undersigned bidder has not directly or indirectly sought by agreement, communication, or conference with anyone to fix his bid price or the bid price of any other bidder, or to fix any overhead, profit or cost advantage against the City or anyone interested in this proposed contract; that the only persons or parties interested in this proposal as principals are those named herein; that all statements contained in this proposal are true; that the undersigned bidder has not directly, or indirectly, submitted his bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any other person, partnership, corporation, or association except to such person or persons as have a direct financial interes t in bidder's general business; and that he is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that code, and he will comply with such provisions before commencing the performance of the work of this contract.
Wherever in this proposal an amount is stated in both words and figures, in case of discrepancy, the words shall prevail; if all or any portion of the proposal is required to be given in unit prices and totals and a discrepancy exists between any such unit prices and totals so given, the unit prices shall prevail.
Accompanying this proposed bid is (insert words, "cash," "cashier's check," "certified check," or "bidder's bond," as the case may be) of the (name of surety if bid bond submitted) in an amount equal to at least ten percent (10%) of total of the bid. If the enclosure is a check or bond, it is made payable to the City of Hanford.
The names of all persons interested in the foregoing proposal as principals are as follows:
(Stockholders and limited partners need not be listed unless they are officers or employees of the corporation or limited partnership. All general partners and corporate officers shall be listed. If a stockholder or partner is a firm, list the principles of that firm, as stated herein.)
(If bidder or other interested person is a corporation, it must furnish a certificate attesting to corporate existence and authority of officers to sign contracts and other documents. State legal name of corporation, names of the president, secretary, treasurer, and manager thereof.)
NAME BUSINESS ADDRESS INTEREST (owner, partner, etc.) ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Attach additional sheets if necessary
SUBMIT THIS SHEET AS PART OF YOUR BID.
Bid Proposal Division I - Page C-4
By submission of a bid, a bidder certifies possession of duly issued and valid Contractor's license issued by the State of California will be obtained prior to award of the contract, which license authorizes bidder to contract to perform the type of work required by the specifications.*
Licensed in accordance with an Act providing for the Registration of Contractors:
License No.: _______________________________
Class of License: ___________________________
DIR Registration No.________________________
Name and Relationship to Bidder of Licensed Firm or Individual:
License Holder: _____________________________________________________________
Relationship to Bidder: _______________________________________________________
*If bidder does not hold a valid contractor’s license at the time of bidding, leave these lines blank. At the time of award of the contract the apparent low bidder shall be required to hold a valid contractor’s license and to submit this information to the Owner.
SUBMIT THIS SHEET AS PART OF YOUR BID.
Bid Proposal Division I - Page C-5
Signature of Bidder:
____________________________________
CONTRACTOR Street Address
Sign here: ___________________________________
City, State & Zip
___________________________________
By: ________________________________
Type Name
-AND-
Sign here: ___________________________________
Telephone (Include Area Code)
_____________________________
By:__________________________ Email Address
Type Name
(CORPORATE SEAL)
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 and a corporate seal; if bidder is a copartnership, the true names of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts in behalf of the copartnership; and if bidder is an individual, his signature shall be placed above.
S
UBMIT THIS SHEET AS PART OF YOUR BID.
Bid Proposal Division I - Page C-6
HANFORD MUNICIPAL AIRPORT
HANFORD, CALIFORNIA
CL
OSURE OF EXISTING UNDERGROUND FUEL STORAGE TANK
BID SCHEDULE
Item
No.
Estimated
Quantity
Item Description and
Unit Price (written in words)
Unit
Price
Item
Total
1 Lump Sum
Mobilization (C-105)*
______
________________________Dollars
a
nd___________________________Cents
Lump Sum
Lump Sum $____________*
2 Lump Sum
Marking and Lighting of Closed Airport
Facilities (C-106)
______________________________Dollars
a
nd___________________________Cents
Lump Sum
Lump Sum $_____________
3 Lump Sum
Closure of Existing Underground Tanks
(Sheet No. 4)
______
________________________Dollars
a
nd___________________________Cents
Lump Sum
Lump Sum $_____________
4 100 Gallons
Removal and Disposal of all Fuel and/or Rinse
Water Exceeding 200 Gallons (Sheet No. 4)
______________________________Dollars
and___________________________Cents
per Gallon
$__________ $__________
*Mobilization shall be limited to 10 percent of the total bid.
TOTAL BID AMOUNT (In Figures) $______________________
TOTAL BID AMOUNT (In Words)
SUBMIT THIS SHEET AS PART OF YOUR BID.
Bid Proposal Division I - Page C-7
NOTES:
1. In the event the product of a unit price and an estimated quantity do not equal the extended amount stated, the unit price will govern and the correct product of the unit price and the estimated quantity shall be deemed to be the amount bid.
2. In case of conflict between words and numerals, the words, unless obviously incorrect, shall govern.
SUBMIT THIS SHEET AS PART OF YOUR BID.
Bid Proposal Division I - Page C-8
BIDDER GUARANTY BOND
KNOW ALL MEN BY THESE PRESENTS:
That, , hereinafter called
the Principal, and , hereinafter
called the Surety, are jointly and severally held and firmly bound unto the City of Hanford, hereinafter called the Obligee, each in the penal sum of 10 percent (10%) of the total amount of the bid of the
Principal for the work, this sum not to exceed
Dollars ($___________) of lawful money of the United States for the payment whereof unto the Obligee, the Principal and Surety jointly and severally bind themselves forever firmly by these presents.
WHEREAS, the Principal is herewith submitting its offer for the fulfillment of Obligee′s contract for:
HANFORD MUNICIPAL AIRPORT
CLOSURE OF EXISTING UNDERGROUND FUEL STORAGE TANK
NOW THEREFORE, the conditions of this obligation is such that if the Principal is awarded the contract, and if the Principal, within the time specified in the bid for such contract enters into, executes, and delivers to the Obligee an agreement in the form provided herein complete with evidences of insurance, and if the Principal within the time specified in the bid gives to the Obligee the performance and payment bonds on the form provided herein, then this obligation shall be void; otherwise, the Principal and Surety will pay unto the Obligee the difference in money between the total amount of the bid of the Principal and the amount of which the Obligee legally contract with another party to fulfill the contract if the latter amount be in excess of the former, but in no event shall the Surety′s liability exceed the penal sum hereof.
AND IT IS HEREBY DECLARED AND AGREED that the Surety shall be liable under this obligation as Principal, and that nothing of any kind or nature whatsoever that will not discharge the Principal shall operate as a discharge or a release of liability of the Surety.
SUBMIT THIS SHEET AS PART OF YOUR BID.
Bid Proposal Division I - Page C-9
IT IS HEREBY FURTHER DECLARED AND AGREED that this obligation shall be binding upon and inure to the benefit of the Principal, and Surety, and the Obligee and their respective heirs, executors, administrators, successors and assigns.
SIGNED AND SEALED this day of ______________________, 202__
(SEAL)
Principal
Signature for Principal
(SEAL)
Surety
Signature for Surety
Title of Signator
NOTE:
Signatures of those executing for Surety must be properly acknowledged, and a power of attorney attached.
SUBMIT THIS SHEET AS PART OF YOUR BID.
Bid Proposal Division I - Page C-10
NON-COLLUSION DECLARATION
Public Contract Code § 7106
The undersigned declares:
I am the ______________________________________[Title]
Of___________________________________________[Name of Bidder], The party making the foregoing bid for:
HANFORD MUNICIPAL AIRPORT
CLOSURE OF EXISTING UNDERGROUND FUEL STORAGE TANK
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. 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. All statements contained in the bid are true. 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, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on __________________[Date], at _________________________________________________________.
__________________________________
Signature of Bidder
__________________________________
Name and Title of Signatory
SUBMIT THIS SHEET AS PART OF YOUR BID.
Bid Proposal Division I - Page C-11
CERTIFICATION OF BIDDER’S
EXPERIENCE AND QUALIFICATIONS
The undersigned bidder certifies that he is, at the time of award, and shall be, throughout the period of the contract, licensed by the State of California to do the type of work required under terms of the
contract documents, under California Contractors License Number _______________, and which has an expiration date of _________________. Bidder further certifies that he is skilled and regularly engaged in the general class and type of work called for in the contract documents.
In accordance with the requirements of Proposal Requirements and Conditions of the Instructions to Bidders, the bidder represents that he is competent, knowledgeable and has special skills on the nature, extent and inherent conditions of the work to be performed. Bidder expressly acknowledges that he is aware of and has the skill and experience to foresee and to adopt protective measures to adequately and safely perform the construction work.
The bidder and its employee or agent signing this Certification declares under penalty of perjury that the foregoing statements and representations are true and correct and will remain true and correct throughout the period of the contract.
Signed this ____ day of _____________________, 20__.
___________________________________________________
Name of Bidder
___________________________________________________
Contractor’s License No. & State
___________________________________________________
Signature of Bidder
___________________________________________________
Title of Signatory
SUBMIT THIS SHEET AS PART OF YOUR BID.
Bid Proposal Division I - Page C-12
DESIGNATION OF SUBCONTRACTORS
In compliance with the provisions of Section 4100 et seq. of the Government Code of the State of California, and any amendments thereof, the undersigned bidder has set forth below:
(a) The name and location of the place of business of each subcontractor who will perform work or labor, or render service to the undersigned in or about the construction of the work to be performed hereunder, or a subcontractor licensed by the State of California, who, under subcontract to the undersigned, will specifically fabricate and install a portion of said work according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of one percent (0.5%) of the undersigned's total bid; and
(b) The portion of the work which will be done by each subcontractor for each subcontract in excess of one-half of one percent (0.5%) of the undersigned's total bid. The undersigned shall list only one subcontractor for each such portion.
Note: When there is a failure to list a subcontractor, the law provides that the prime Contractor agrees to do the work himself, and that said prime Contractor agrees that he is fully qualified to perform such work.
Portion of
Work
Percent of
Total
Contract
Subcontractor
Address
License No.*
DIR No.
By
(Bidder's Signature)
*An inadvertent error in California contractor license number shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive as long as the corrected Contractor’s license number is submitted to the City by the prime contractor within 24 hours of the bid opening.
*If subcontractor does not hold a valid contractor’s license at the time of bidding, leave this column blank. At the time of award of the contract the subcontractor shall be required to hold a valid contractor’s license.
SUBMIT THIS SHEET AS PART OF YOUR BID.
Bid Form Division II - Page C-13
FLEET COMPLIANCE CERTIFICATION
Bidder hereby acknowledges that they have reviewed the California Air Resources Board’s policies, rules and regulations and are familiar with the requirements of Title 13, California Code of Regulations, Division 3, Chapter 9, effective on January 1, 2024 (the “Regulation”). Bidder hereby certifies, subject to penalty for perjury, that the option checked below relating to the Bidder’s fleet, and/or that of their subcontractor(s) (“Fleet”) is true and correct:
The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have been attached hereto.
The Fleet is exempt from the Regulation under section 2449.1(f)(2), and a signed description of the subject vehicles, and reasoning for exemption has been attached hereto.
Bidder and/or their subcontractor is unable to procure R99 or R100 renewable diesel fuel as defined in the Regulation pursuant to section 2449.1(f)(3). Bidder shall keep detailed records describing the normal refueling methods, their attempts to procure renewable diesel fuel and proof that shows they were not able to procure renewable diesel (i.e. third party correspondence or vendor bids).
The Fleet is exempt from the requirements of the Regulation pursuant to section 2449(i)(4) because this Project has been deemed an Emergency, as defined under section 2449(c)(18).
Bidder shall only operate the exempted vehicles in the emergency situation and records of the exempted vehicles must be maintained, pursuant to section 2449(i)(4).
The Fleet does not fall under the Regulation or are otherwise exempted and a detailed reasoning is attached hereto.
SAMPLE FORMS
Sample Agreement - Page 1
SAMPLE AGREEMENT
THIS AGREEMENT, made and entered into this _____ day of _______________ in the year 20__, by and between the City of Hanford, a municipal corporation organized and existing in the County of Kings under and by virtue of the laws of the State of California hereinafter designated as the City, and
hereinafter designated as the Contractor.
WITNESSETH: That the parties hereto have mutually covenanted and agreed and by these presents do covenant and agree with each other as follows:
Article I
The Contract Documents consist of the Notice to Contractors, Proposal, this Agreement, the accepted Bid, Non-Collusion Affidavit, Guaranty Bond, General Provisions, Special Provisions, Plans and all Addenda as prepared prior to date of bid opening, setting forth any modifications or interpretations of any of said documents. All of the provisions of said Contract Documents are hereby incorporated in and made a part of this Agreement as truly as if fully set forth herein.
Article II
For and in consideration of the payments and agreements to be made and performed by the City of Hanford as set forth in said Documents, the Contractor agrees with the City to:
HANFORD MUNICIPAL AIRPORT
CLOSURE OF EXISTING UNDERGROUND FUEL STORAGE TANK
For which award of contract was made to furnish at his own proper cost and expense all tools, equipment, services, labor and materials necessary, therefore, and to do everything required by said Contract Documents.
Article III
For furnishing all said services and materials; obtaining all permits and licenses of a temporary nature; furnishing and removing all plant, temporary work structures, tools and equipment and doing all the work contemplated and embraced in this Agreement; also for all loss and damage arising out of the nature of the aforesaid work during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise to be encountered in the prosecution of the work and for all other risks of any description connected with the work; also for all expense incurred by or in consequence of the suspension or discontinuance of work, except such as in the said Contract Documents are expressly stipulated to be borne by the City; and for well and faithfully completing the work and the whole thereof within the stipulated time and in the
Sample Agreement - Page 2
manner shown and described in said Documents and in accordance with the requirements of the Engineer under them, the City will pay and the Contractor will receive in full compensation therefore the price set forth by him in the accepted bid. The total compensation to be paid will be computed on the basis of the quantity of work actually performed in accordance with the Contract Documents and paid for at the stipulated contract unit or lump sum prices, as the case may be.
Article IV
The City hereby promises and agrees with the said Contractor to employ and does hereby employ the said Contractor to provide the material and to do the work according to the terms and conditions herein contained and referred to for the prices aforesaid, an d hereby contracts to pay the same at the time, in the manner and upon the conditions set forth in the Contract Documents, 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 V
No work, services, material or equipment shall be performed or furnished under this Agreement unless and until a Notice To Proceed has been given to the Contractor by the City, which notice shall be given within FIVE (5) CALENDAR DAYS from the date of signing the contract, and the Contractor shall commence work within TEN (10) CALENDAR DAYS after said notice is given.
Article VI
The Contractor and any subcontractor under him shall pay not less than the prevailing rate of wages to all workmen employed in the execution of this contract. Copies of the prevailing rate of wages are on file at the City Public Works Office and are available upon request.
Article VII
To the fullest extent allowable by law, Contractor agrees to indemnify, defend and hold harmless the City and its officials, officers, employees, agents and volunteers from and against all claims, demands, actions, injuries, liabilities, losses, costs or damages, direct or indirect, and any and all attorneys’ fees and other expenses which City or its officials, officers, employees, agents or volunteers may sustain or incur as a c onsequence of or are in any way related to Contractor’s or its owners, directors, officers, managers, employees, agents and subcontractor’s willful or negligent acts or omissions in the performance of the services and Contractor's responsibilities and obligations to be performed under this agreement or its failure to perform or comply with any of its obligations or responsibilities contained in this agreement; excluding, however, such liability, claims, losses, damages or expenses arising from City’s sole or active negligence or willful acts.
This duty to indemnify, defend, and hold harmless shall survive the termination of this agreement.
Sample Agreement - Page 3
IN WITNESS WHEREOF: The parties hereto have caused this contract to be executed the day and year first above written.
CONTRACTOR CITY OF HANFORD, CALIFORNIA
BY
Company Name City of Hanford, Mayor
Address
DATE:
Print Name
ATTEST
Signature
DATE:
City Clerk
APPROVED AS TO CONTENT:
Contractor’s License No.
City Engineer
ATTEST: to Contractor’s Signature
Print Name
BY: APPROVED AS TO FORM:
Title City Attorney
Sample Performance Bond - Page 1
SAMPLE FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That _______________________________, as Principal, and,____________________________ as surety, incorporated under the Laws of the State of California and authorized to transact surety business in the State of California, are held and firmly bound unto the City of Hanford, California in the sum of _________________________________________Dollars ($__________), for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents.
The Condition of the foregoing obligation is such that, Whereas the above bounden Principal has entered into a Contract, dated _____________________, 2025, with the City of Hanford to do and perform the following work, to wit:
HANFORD MUNICIPAL AIRPORT
CLOSURE OF EXISTING UNDERGROUND FUEL STORAGE TANK
All alterations, extensions of time, extra and additional work, and other changes authorized by the Specifications or any part of the Contract may be made without securing the consent of the surety or sureties on the contract bonds. Surety waives any requirement of notice of any such alterations, extensions of time, extra and additional work or any other changes.
Now, Therefore, if the above bounden Principal shall well and truly perform the Contract, then this obligation shall be void; otherwise, to remain in full force and effect.
Signed and Sealed this ___________day of _______________, 2025.
______________________________________
(Principal)
By: __________________________________
(SEAL)
______________________________________
(Surety)
By: ___________________________________
Sample Payment Bond - Page 1
SAMPLE PAYMENT BOND
(Public Work Civil Code 3247 et seq.)
The makers of this Bond are , as Principal and Original Contractor, and , a corporation, authorized to issue Surety Bonds in California, as Surety, and this Bond is issued in conjunction with that certain public works contract dated , between Principal and City, a public entity, as Owner, for $ , the total amount Payable. THE AMOUNT OF THIS BOND IS 100 PERCENT OF SAID SUM. Said contract is for public work generally consisting of airport improvements at Hanford Municipal Airport.
The beneficiaries of this Bond are as stated in 3248 of the Civil Code and the requirements and conditions of this Bond are as set forth in 3248, 3249, 3250, and 3252 of said Code. Without notice, Surety consents to the extension of time for performance, c hange in requirements, amount of compensation, or prepayment under said Contract.
Dated: ______________________________________
Original Contractor
By: ___________________________________
By: Title: _________________________________
Its Attorney in Fact (If corporation, affix seal)
STATE OF CALIFORNIA )
) ss.
COUNTY OF )
SURETY'S ACKNOWLEDGEMENT
On , before me personally appeared person whose name is subscribed the name of said corporation thereto, and acknowledged that he subscribed the name of said corporation
thereto, and his name as its attorney in fact.
______________________________________
Notary Public (SEAL)
NOTE: All signatures must be notarized.
Sample Guaranty Bond - Page 1
SAMPLE GUARANTY BOND
KNOW ALL MEN BY THESE PRESENTS: That
WHEREAS, the City of Hanford, County of Kinds, State of California, by motion passed
_____________________________, 20__, has awarded to: _____________________________
______________________________________
______________________________________
Hereinafter designated as the “Principal,” a contract for
HANFORD MUNICIPAL AIRPORT
CLOSURE OF EXISTING UNDERGROUND FUEL STORAGE TANK
WHEREAS, said Principal is required under the terms of said contract to furnish a bond for correction of deficiencies during the specified guaranty period.
NOW THEREFORE, we, ______________________________________
, as Principal,
And ___________
___________
As Surety, are held and firmly bound unto the City of Hanford, California, hereinafter called the
“Owner,” in the penal sum of ___________
Dollars ($_____________) lawful money of the United States of American, for administrators, and Successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the hereby bounden Principal, his or its heirs, executors, administrators, successors or assigns shall in all things stand to and abide by and well and truly keep and perform all the undertakings, terms, covenants, conditions, and agreements in the said guaranty of the contract, all within the time and in the manner therein designated and in all respects according to their true intent and meaning, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue.
Sample Guaranty Bond - Page 2
IN WITNESS WHEREOF, four (4) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by Principal and Surety herein named, on the ____________day of ____________,20__, the name and corpor ate seal of each corporate party affixed, and these presents duly signed by its undersigned representative pursuant to authority of its governing body.
Principal
By
Surety
By
Address of Surety
Phone Number of Surety
DIVISION II
GENERAL PROVISIONS
PART A – GENERAL
CONTRACT PROVISIONS
Section 10 Definition of Terms GP-1
Division II – General Provisions
Part A – General Contract Provisions
Section 10 Definition of Terms
When the following terms are used in these specifications, in the contract, or in any documents or other instruments pertaining to construction where these specifications govern, the intent and meaning shall be defined as follows:
Paragraph
Number
Term Definition
10-01 AASHTO The American Association of State Highway and Transportation Officials.
10-02 Access Road The right-of-way, the roadway and all improvements constructed thereon connecting the airport to a public roadway.
10-03 Advertisement A public announcement, as required by local law, inviting bids for work to be performed and materials to be furnished. 10-04 Airport Airport means an area of land or water which is used or intended to be used for the landing and takeoff of aircraft; an appurtenant area used or intended to be used for airport buildings or other airport facilities or rights of way; airport buildings and facilities located in any of these areas, and a heliport.
10-05 Air Operations Area
(AOA)
The term air operations area (AOA) shall mean any area of the airport used or intended to be used for the landing, takeoff, or surface maneuvering of aircraft. An air operation area shall include such paved or unpaved areas that are used or intended to be used for the unobstructed movement of aircraft in addition to its associated runway, taxiway, or apron.
10-06 Apron Area where aircraft are parked, unloaded or loaded, fueled and/or serviced.
10-07 ASTM International
(ASTM)
Formerly known as the American Society for Testing and
Materials (ASTM).
10-08 Award The Owner’s notice to the successful bidder of the acceptance of the submitted bid.
10-09 Bidder Any individual, partnership, firm, or corporation, acting directly or through a duly authorized representative, who submits a proposal for the work contemplated.
10-10 Building Area An area on the airport to be used, considered, or intended to be used for airport buildings or other airport facilities or rights-of-
Section 10 Definition of Terms GP-2
Paragraph
Number
Term Definition
way together with all airport buildings and facilities located thereon.
10-11 Calendar Day Every day shown on the calendar.
10-12 Certificate of Analysis
(COA)
The COA is the manufacturer’s Certificate of Compliance (COC) including all applicable test results required by the specifications. 10-13 Certificate of Compliance
(COC)
The manufacturer’s certification stating that materials or assemblies furnished fully comply with the requirements of the contract. The certificate shall be signed by the manufacturer’s authorized representative.
10-14 Change Order A written order to the Contractor covering changes in the plans, specifications, or proposal quantities and establishing the basis of payment and contract time adjustment, if any, for work within the scope of the contract and necessary to complete the project. 10-15 Contract A written agreement between the Owner and the Contractor that establishes the obligations of the parties including but not limited to performance of work, furnishing of labor, equipment and materials and the basis of payment.
The awarded contract includes but may not be limited to:
Advertisement, Contract form, Proposal, Performance bond, payment bond, General provisions, certifications and
representations, Technical Specifications, Plans, Supplemental Provisions, standards incorporated by reference and issued addenda.
10-16 Contract Item (Pay Item) A specific unit of work for which a price is provided in the contract.
10-17 Contract Time The number of calendar days or working days, stated in the proposal, allowed for completion of the contract, including authorized time extensions. If a calendar date of completion is stated in the proposal, in lieu of a number of calendar or working days, the contract shall be completed by that date.
10-18 Contractor The individual, partnership, firm, or corporation primarily liable for the acceptable performance of the work contracted and for the payment of all legal debts pertaining to the work who acts directly or through lawful agents or employees to complete the contract work.
10-19 Contractors Quality
Control (QC) Facilities
The Contractor’s QC facilities in accordance with the Contractor Quality Control Program (CQCP).
10-20 Contractor Quality Control
Program (CQCP)
Details the methods and procedures that will be taken to assure that all materials and completed construction required by the contract conform to contract plans, technical specifications and
Section 10 Definition of Terms GP-3
Paragraph
Number
Term Definition
other requirements, whether manufactured by the Contractor, or procured from subcontractors or vendors.
10-21 Control Strip A demonstration by the Contractor that the materials, equipment, and construction processes results in a product meeting the requirements of the specification.
10-22 Construction Safety and
Phasing Plan (CSPP)
The overall plan for safety and phasing of a construction project developed by the airport operator, or developed by the airport operator’s consultant and approved by the airport operator. It is included in the invitation for bids and becomes part of the project specifications.
10-23 Drainage System The system of pipes, ditches, and structures by which surface or subsurface waters are collected and conducted from the airport area.
10-24 Engineer The individual, partnership, firm, or corporation duly authorized by the Owner to be responsible for engineering, inspection, and/or observation of the contract work and acting directly or through an authorized representative.
10-25 Equipment All machinery, together with the necessary supplies for upkeep and maintenance; and all tools and apparatus necessary for the proper construction and acceptable completion of the work. 10-26 Extra Work An item of work not provided for in the awarded contract as previously modified by change order or supplemental agreement, but which is found by the Owner’s Engineer or Resident Project Representative (RPR) to be necessary to complete the work within the intended scope of the contract as previously modified. 10-27 FAA The Federal Aviation Administration. When used to designate a person, FAA shall mean the Administrator or their duly
authorized representative.
10-28 Federal Specifications The federal specifications and standards, commercial item descriptions, and supplements, amendments, and indices
prepared and issued by the General Services Administration. 10-29 Force Account a. Contract Force Account - A method of payment that addresses extra work performed by the Contractor on a time and material basis.
b. Owner Force Account - Work performed for the project by the Owner's employees.
10-30 Intention of Terms Whenever, in these specifications or on the plans, the words “directed,” “required,” “permitted,” “ordered,” “designated,” “prescribed,” or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation, or prescription of the Engineer and/or Resident Project Representative (RPR) is intended; and similarly, the
Section 10 Definition of Terms GP-4
Paragraph
Number
Term Definition
words “approved,” “acceptable,” “satisfactory,” or words of like import, shall mean approved by, or acceptable to, or satisfactory to the Engineer and/or RPR, subject in each case to the final determination of the Owner.
Any reference to a specific requirement of a numbered paragraph of the contract specifications or a cited standard shall be interpreted to include all general requirements of the entire section, specification item, or cited standard that may be pertinent to such specific reference.
10-31 Lighting A system of fixtures providing or controlling the light sources used on or near the airport or within the airport buildings. The field lighting includes all luminous signals, markers, floodlights, and illuminating devices used on or near the airport or to aid in the operation of aircraft landing at, taking off from, or taxiing on the airport surface.
10-32 Major and Minor Contract
Items
A major contract item shall be any item that is listed in the proposal, the total cost of which is equal to or greater than 20% of the total amount of the award contract. All other items shall be considered minor contract items.
10-33 Materials Any substance specified for use in the construction of the contract work.
10-34 Notice to Proceed (NTP) A written notice to the Contractor to begin the actual contract work on a previously agreed to date. If applicable, the Notice to Proceed shall state the date on which the contract time begins. 10-35 Owner/Sponsor The terms “Owner” and “Sponsor” shall mean the party of the first part or the contracting agency signatory to the contract.
Where the term “Owner” is capitalized in this document, it shall mean airport Sponsor only. The Owner for this project is the City of Hanford.
10-36 Pavement Structure The combined surface course, base course(s), and subbase course(s), if any, considered as a single unit.
10-37 Payment bond The approved form of security furnished by the Contractor and their own surety as a guaranty that the Contractor will pay in full all bills and accounts for materials and labor used in the construction of the work.
10-38 Performance bond The approved form of security furnished by the Contractor and their own surety as a guaranty that the Contractor will complete the work in accordance with the terms of the contract.
10-39 Plans The official drawings or exact reproductions which show the location, character, dimensions and details of the airport and the work to be done and which are to be considered as a part of the
Section 10 Definition of Terms GP-5
Paragraph
Number
Term Definition
contract, supplementary to the specifications. Plans may also be referred to as 'contract drawings.’
10-40 Project The agreed scope of work for accomplishing specific airport development with respect to a particular airport.
10-41 Proposal The written offer of the bidder (when submitted on the approved proposal form) to perform the contemplated work and furnish the necessary materials in accordance with the provisions of the plans and specifications.
10-42 Proposal guaranty The security furnished with a proposal to guarantee that the bidder will enter into a contract if their own proposal is accepted by the Owner.
10-43 Quality Assurance (QA) Owner’s responsibility to assure that construction work completed complies with specifications for payment.
10-44 Quality Control (QC) Contractor’s responsibility to control material(s) and construction processes to complete construction in accordance with project specifications.
10-45 Quality Assurance (QA)
Inspector
An authorized representative of the Engineer and/or Resident Project Representative (RPR) assigned to make all necessary inspections, observations, tests, and/or observation of tests of the work performed or being performed, or of the materials furnished or being furnished by the Contractor.
10-46 Quality Assurance (QA)
Laboratory
The official quality assurance testing laboratories of the Owner or such other laboratories as may be designated by the Engineer or RPR. May also be referred to as Engineer’s, Owner’s, or QA Laboratory.
10-47 Resident Project
Representative (RPR)
The individual, partnership, firm, or corporation duly authorized by the Owner to be responsible for all necessary inspections, observations, tests, and/or observations of tests of the contract work performed or being performed, or of the materials furnished or being furnished by the Contractor, and acting directly or through an authorized representative.
10-48 Runway The area on the airport prepared for the landing and takeoff of aircraft.
10-49 Runway Safety Area (RSA) A defined surface surrounding the runway prepared or suitable for reducing the risk of damage to aircraft. See the construction safety and phasing plan (CSPP) for limits of the RSA.
10-50 Safety Plan Compliance
Document (SPCD)
Details how the Contractor will comply with the CSPP.
10-51 Specifications A part of the contract containing the written directions and requirements for completing the contract work. Standards for
Section 10 Definition of Terms GP-6
Paragraph
Number
Term Definition
specifying materials or testing which are cited in the contract specifications by reference shall have the same force and effect as if included in the contract physically.
10-52 Structures Airport facilities such as bridges; culverts; catch basins, inlets, retaining walls, cribbing; storm and sanitary sewer lines; water lines; underdrains; electrical ducts, manholes, handholes, lighting fixtures and bases; transformers; navigational aids; buildings; vaults; and, other manmade features of the airport that may be encountered in the work and not otherwise classified herein. 10-53 Subgrade The soil that forms the pavement foundation. 10-54 Superintendent The Contractor’s executive representative who is present on the work during progress, authorized to receive and fulfill instructions from the RPR, and who shall supervise and direct the construction.
10-55 Supplemental Agreement A written agreement between the Contractor and the Owner that establishes the basis of payment and contract time adjustment, if any, for the work affected by the supplemental agreement. A supplemental agreement is required if: (1) in scope work would increase or decrease the total amount of the awarded contract by more than 25%: (2) in scope work would increase or decrease the total of any major contract item by more than 25%; (3) work that is not within the scope of the originally awarded contract; or (4) adding or deleting of a major contract item.
10-56 Surety The corporation, partnership, or individual, other than the Contractor, executing payment or performance bonds that are furnished to the Owner by the Contractor.
10-57 Taxilane A taxiway designed for low speed movement of aircraft between aircraft parking areas and terminal areas.
10-58 Taxiway The portion of the air operations area of an airport that has been designated by competent airport authority for movement of aircraft to and from the airport’s runways, aircraft parking areas, and terminal areas.
10-59 Taxiway/Taxilane Safety
Area (TSA)
A defined surface alongside the taxiway prepared or suitable for reducing the risk of damage to an aircraft. See the construction safety and phasing plan (CSPP) for limits of the TSA.
10-60 Work The furnishing of all labor, materials, tools, equipment, and incidentals necessary or convenient to the Contractor’s performance of all duties and obligations imposed by the contract, plans, and specifications.
10-61 Working day A working day shall be any day other than a legal holiday, Saturday, or Sunday on which the normal working forces of the Contractor may proceed with regular work for at least six (6)
Section 10 Definition of Terms GP-7
Paragraph
Number
Term Definition
hours toward completion of the contract. When work is
suspended for causes beyond the Contractor’s control, it will not be counted as a working day. Saturdays, Sundays and holidays on which the Contractor’s forces engage in regular work will be considered as working days.
10-62 Owner Defined terms None
END OF SECTION 10
Section 20 Proposal Requirements and Conditions GP-8
Section 20 Proposal Requirements and Conditions
20-01 Advertisement (Notice to Bidders). The Notice to Bidders is included at the front of these specifications.
20-02 Qualification of bidders . Bidder shall certify that he and his subcontractors are, at the time of bidding and shall be throughout the period of the contract, licensed under the provisions of Chapter 9, Division 3 of the Business and Professions Code of the State of California to do the type of work contemplated in the project documents. Bidder shall further certify that they are skilled and regularly engaged in the general class and type of work called for in the project documents.
The bidder also certifies that they are knowledgeable of the unusual and peculiar hazards associated with the general class and type of work required to construct the specified project within the terms given in the project documents. Bidder shall be competent and skilled in the protective measures necessary for the safe performance of the construction work with respect to such unusual and peculiar hazards. 20-03 Contents of proposal forms. The Owner's proposal forms state the location and description of the proposed construction; the place, date, and time of opening of the proposals; and the estimated quantities of the various items of work to be performed and materials to be furnished for which unit bid prices are asked. The proposal form states the time in which the work must be completed, and the amount of the proposal guaranty that must accompany the proposal. The Owner will accept only those Proposals properly executed on physical forms or electronic forms provided by the Owner. Bidder actions that may cause the Owner to deem a proposal irregular are given in paragraph 20-09 Irregular proposals.
Mobilization is limited to 10 percent of the total project cost.
A prebid conference is required on this project to discuss as a minimum, the following items: material requirements; submittals; Quality Control/Quality Assurance requirements; the construction safety and phasing plan including airport access and staging areas; and unique airfield paving construction requirements. A pre-bid conference or walk-through will be held on Wednesday, July 23, 2025 at the hour of 10:00 AM. at: _City of Hanford Finance Department, 315 N. Douty Street, Hanford, CA, 93230. 20-04 Issuance of proposal forms . The Owner reserves the right to refuse to issue a proposal form to a prospective bidder if the bidder is in default for any of the following reasons:
a. Failure to comply with any prequalification regulations of the Owner, if such regulations are cited, or otherwise included, in the proposal as a requirement for bidding. b. Failure to pay, or satisfactorily settle, all bills due for labor and materials on former contracts in force with the Owner at the time the Owner issues the proposal to a prospective bidder. c. Documented record of Contractor default under previous contracts with the Owner. d. Documented record of unsatisfactory work on previous contracts with the Owner. 20-05 Interpretation of estimated proposal quantities. An estimate of quantities of work to be done and materials to be furnished under these specifications is given in the proposal. It is the result of careful calculations and is believed to be correct. It is given only as a basis for comparison of proposal s and the award of the contract. The Owner does not expressly, or by implication, agree that the actual quantities involved will correspond exactly therewith; nor shall the bidder plead misunderstanding or deception because of such estimates of quantities, or of the character, location, or other conditions pertaining to the work. Payment to the Contractor will be made only for the actual quantities of work performed or materials
Section 20 Proposal Requirements and Conditions GP-9
furnished in accordance with the plans and specifications. It is understood that the quantities may be increased or decreased as provided in the Section 40, paragraph 40-02, Alteration of Work and Quantities, without in any way invalidating the unit bid prices.
20-06 Examination of plans, specifications, and site. The bidder is expected to carefully examine the site of the proposed work, the proposal, plans, specifications, and contract forms. Bidders shall satisfy themselves to the character, quality, and quantities of work to be performed, materials to be furnished, and to the requirements of the proposed contract. The submission of a proposal shall be prima facie evidence that the bidder has made such examination and is satisfied to the conditions to be encountered in performing the work and the requirements of the proposed contract, plans, and specifications.
Boring logs and other records of subsurface investigations and tests are available for inspection of bidders.
It is understood and agreed that such subsurface information, whether included in the plans, specifications, or otherwise made available to the bi dder, was obtained and is intended for the Owner’s design and estimating purposes only. Such information has been made available for the convenience of all bidders. It is further understood and agreed that each bidder is solely responsible for all assumpti ons, deductions, or conclusions which the bidder may make or obtain from their own examination of the boring logs and other records of subsurface investigations and tests that are furnished by the Owner. 20-07 Preparation of proposal . The bidder shall submit their proposal on the forms furnished by the Owner. All blank spaces in the proposal forms, unless explicitly stated otherwise, must be correctly filled in where indicated for each and every item for which a quantity is given. The bidder shall state the price (written in ink or typed) both in words and numerals which they propose for each pay item furnished in the proposal. In case of conflict between words and numerals, the words, unless obviously incorrect, shall govern.
The bidder shall correctly sign the proposal in ink. If the proposal is made by an individual, their name and post office address must be shown. If made by a partnership, the name and post office address of each member of the partnership must be shown. If made by a corporation, the person signing the proposal shall give the name of the state where the corporation was chartered and the name, titles, and business address of the president, secretary, and the treasurer. Anyone signing a proposal as an agent sha ll file evidence of their authority to do so and that the signature is binding upon the firm or corporation. 20-08 Responsive and responsible bidder. A responsive bid conforms to all significant terms and conditions contained in the Owner’s invitation for bid. It is the Owner’s responsibility to decide if the exceptions taken by a bidder to the solicitation are material or not and the extent of deviat ion it is willing to accept.
A responsible bidder has the ability to perform successfully under the terms and conditions of a proposed procurement, as defined in 2 CFR § 200.318(h). This includes such matters as Contractor integrity, compliance with public policy, record of past performance, and financial and technical resources. 20-09 Irregular proposals. Proposals shall be considered irregular for the following reasons:
a. If the proposal is on a form other than that furnished by the Owner, or if the Owner’s form is altered, or if any part of the proposal form is detached.
b. If there are unauthorized additions, conditional or alternate pay items, or irregularities of any kind that make the proposal incomplete, indefinite, or otherwise ambiguous. c. If the proposal does not contain a unit price for each pay item listed in the proposal, except in the case of authorized alternate pay items, for which the bidder is not required to furnish a unit price. d. If the proposal contains unit prices that are obviously unbalanced. e. If the proposal is not accompanied by the proposal guaranty specified by the Owner.
Section 20 Proposal Requirements and Conditions GP-10
The Owner reserves the right to reject any irregular proposal and the right to waive technicalities if such waiver is in the best interest of the Owner and conforms to local laws and ordinances pertaining to the letting of construction contracts.
20-10 Bid guarantee. Each separate proposal shall be accompanied by a bid bond, certified check, or other specified acceptable collateral, in the amount specified in the proposal form. Such bond, check, or collateral, shall be made payable to the Owner.
20-11 Delivery of proposal. Each proposal submitted shall be completed through the City’s Bidnet Direct’s California Purchasing Group at http://www.bidnetdirect.com/california/cityofhanford. No proposal will be considered unless received on Bidnet or as modified by Addendum before the time specified for opening all bids. Proposals received after the bid opening time shall be deemed nonresponsive. 20-12 Withdrawal or revision of proposals.
Any bid may be withdrawn or revised at any point prior to the hour fixed in the Notice to Contractors for the opening of bids provided that a request in writing, executed by the bidder or his duly authorized representative for the withdrawal of such bid, is filed with the City Director of Finance. The withdrawal of a bid will not prejudice the right of the bidder to file a new bid. Bids will be opened at the time fixed in the advertised Notice to Contractors through Bidnet, and a bid will not be received after that time nor may a bid be withdrawn after the time fixed in such notice. 20-13 Public opening of proposals. Proposals shall be opened digitally and posted publicly at the time and place specified in the advertisement. Bidders, their authorized agents, and other interested persons are invited to attend. Proposals that have been withdrawn (by written or telegraphic request) or received after the time specified for opening bids shall be returned to the bidder unopened. 20-14 Disqualification of bidders . A bidder shall be considered disqualified for any of the following reasons:
a. Submitting more than one proposal from the same partnership, firm, or corporation under the same or different name.
b. Evidence of collusion among bidders. Bidders participating in such collusion shall be disqualified as bidders for any future work of the Owner until any such participating bidder has been reinstated by the Owner as a qualified bidder.
c. If the bidder is considered to be in “default” for any reason specified in paragraph 20-04, Issuance of Proposal Forms, of this section.
20-15 Discrepancies and Omissions. A Bidder who discovers discrepancies or omissions with the project bid documents shall immediately notify the Owner’s Engineer of the matter. A bidder that has doubt as to the true meaning of a project requirement may submit to the Owner’s Engineer a written request for interpretation no later than 4:00 P.M. on July 30, 2025.
Any interpretation of the project bid documents by the Owner’s Engineer will be by written addendum issued by the Owner. The Owner will not consider any instructions, clarifications or interpretations of the bidding documents in any manner other than written addendum.
END OF SECTION 20
Section 30 Award and Execution of Contract GP-11
Section 30 Award and Execution of Contract
30-01 Consideration of proposals. After the proposals are publicly opened and read, they will be compared on the basis of the summation of the products obtained by multiplying the estimated quantities shown in the proposal by the unit bid prices. If a bidder’s proposal contains a discrepancy between unit bid prices written in words and unit bid prices written in numbers, the unit bid price written in words shall govern.
Until the award of a contract is made, the Owner reserves the right to reject a bidder’s proposal for any of the following reasons:
a. If the proposal is irregular as specified in Section 20, paragraph 20-09, Irregular Proposals. b. If the bidder is disqualified for any of the reasons specified Section 20, paragraph 20- 14, Disqualification of Bidders.
In addition, until the award of a contract is made, the Owner reserves the right to reject any or all proposals, waive technicalities, if such waiver is in the best interest of the Owner and is in conformance with applicable state and local laws or regulat ions pertaining to the letting of construction contracts; advertise for new proposals; or proceed with the work otherwise. All such actions shall promote the Owner’s best interests. 30-02 Award of contract. The award of a contract, if it is to be awarded, shall be made within thirty (30) calendar days of the date specified for publicly opening proposals, unless otherwise specified herein.
If the Owner elects to proceed with an award of contract, the Owner will make award to the responsible bidder whose bid, conforming with all the material terms and conditions of the bid documents, is the lowest in price.
30-03 Cancellation of award . The Owner reserves the right to cancel the award without liability to the bidder, except return of proposal guaranty, at any time before a contract has been fully executed by all parties and is approved by the Owner in accordance with paragraph 30-07 Approval of Contract. 30-04 Return of proposal guaranty. All proposal guaranties, except those of the two lowest bidders, will be returned immediately after the Owner has made a comparison of bids as specified in the paragraph 30- 01, Consideration of Proposals . Proposal guaranties of the two lowest bidders will be retained by the Owner until such time as an award is made, at which time, the unsuccessful bidder’s proposal guaranty will be returned. The successful bidder’s proposal guaranty will be returned as soon as the Owner receives the contract bonds as specified in paragraph 30-05, Requirements of Contract Bonds. 30-05 Requirements of contract bonds. At the time of the execution of the contract, the successful bidder shall furnish the Owner a surety bond or bonds that have been fully executed by the bidder and the surety guaranteeing the performance of the work and the payment of all legal debts that may be incurred by reason of the Contractor’s performance of the work. The surety and the form of the bond or bonds shall be acceptable to the Owner. Unless otherwise specified in this subsection, the surety bond or bonds shall be in a sum equal to the full amount of the contract.
30-06 Execution of contract . The successful bidder shall sign (execute) the necessary agreements for entering into the contract and return the signed contract to the Owner, along with the fully executed surety bond or bonds specified in paragraph 30- 05, Requirements of Contract Bonds , of this section, within 5 calendar days 10 working days from the date mailed or otherwise delivered to the successful bidder. 30-07 Approval of contract . Upon receipt of the contract and contract bond or bonds that have been executed by the successful bidder, the Owner shall complete the execution of the contract in accordance
Section 30 Award and Execution of Contract GP-12
with local laws or ordinances, and return the fully executed contract to the Contractor. Delivery of the fully executed contract to the Contractor shall constitute the Owner’s approval to be bound by the successful bidder’s proposal and the terms of the contract.
30-08 Failure to execute contract. Failure of the successful bidder to execute the contract and furnish an acceptable surety bond or bonds within the period specified in paragraph 30-06, Execution of Contract, of this section shall be just cause for cancellation of the award and forfeiture of the proposal guaranty, not as a penalty, but as liquidated damages to the Owner.
END OF SECTION 30
Section 40 Scope of Work GP-13
Section 40 Scope of Work
40-01 Intent of contract. The intent of the contract is to provide for construction and completion, in every detail, of the work described. It is further intended that the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies required to complete the work in accordance with the plans, specifications, and terms of the contract.
40-02 Alteration of work and quantities. The Owner reserves the right to make such changes in quantities and work as may be necessary or desirable to complete, in a satisfactory manner, the original intended work.
Unless otherwise specified in the Contract, the Owner’s Engineer or RPR shall be and is hereby authorized to make, in writing, such in -scope alterations in the work and variation of quantities as may be necessary to complete the work, provided such action does not represent a significant change in the character of the work.
For purpose of this section, a significant change in character of work means: any change that is outside the current contract scope of work; any change (increase or decrease) in the total contract cost by more than 25%; or any change in the total cost of a major contract item by more than 25%.
Work alterations and quantity variances that do not meet the definition of significant change in character of work shall not invalidate the contract nor release the surety. Contractor agrees to accept payment for such work alterations and quantity varianc es in accordance with Section 90, paragraph 90- 03, Compensation for Altered Quantities.
Should the value of altered work or quantity variance meet the criteria for significant change in character of work, such altered work and quantity variance shall be covered by a supplemental agreement.
Supplemental agreements shall also require consent of the Contractor’s surety and separate performance and payment bonds. If the Owner and the Contractor are unable to agree on a unit adjustment for any contract item that requires a supplemental agreement, the Owner reserves the right to terminate the contract with respect to the item and make other arrangements for its completion. 40-03 Omitted items . The Owner, the Owner’s Engineer or the RPR may provide written notice to the Contractor to omit from the work any contract item that does not meet the definition of major contract item.
Major contract items may be omitted by a supplemental agreement. Such omission of contract items shall not invalidate any other contract provision or requirement.
Should a contract item be omitted or otherwise ordered to be non- performed, the Contractor shall be paid for all work performed toward completion of such item prior to the date of the order to omit such item.
Payment for work performed shall be in accordance with Section 90, paragraph 90-04, Payment for Omitted Items.
40-04 Extra work. Should acceptable completion of the contract require the Contractor to perform an item of work not provided for in the awarded contract as previously modified by change order or supplemental agreement, Owner may issue a Change Order to cover the necessar y extra work. Change orders for extra work shall contain agreed unit prices for performing the change order work in accordance with the requirements specified in the order, and shall contain any adjustment to the contract time that, in the RPR’s opinion, is necessary for completion of the extra work.
When determined by the RPR to be in the Owner’s best interest, the RPR may order the Contractor to proceed with extra work as provided in Section 90, paragraph 90-05, Payment for Extra Work. Extra work that is necessary for acceptable completion of the project, but is not within the general scope of the work
Section 40 Scope of Work GP-14
covered by the original contract shall be covered by a supplemental agreement as defined in Section 10, paragraph 10-59, Supplemental Agreement.
If extra work is essential to maintaining the project critical path, RPR may order the Contractor to commence the extra work under a Time and Material contract method. Once sufficient detail is available to establish the level of effort necessary for the extra work, the Owner shall initiate a change order or supplemental agreement to cover the extra work.
Any claim for payment of extra work that is not covered by written agreement (change order or supplemental agreement) shall be rejected by the Owner. 40-05 Maintenance of traffic. It is the explicit intention of the contract that the safety of aircraft, as well as the Contractor’s equipment and personnel, is the most important consideration. The Contractor shall maintain traffic in the manner detailed in the Construction Safety and Phasing Plan (CSPP). a. It is understood and agreed that the Contractor shall provide for the free and unobstructed movement of aircraft in the air operations areas (AOAs) of the airport with respect to their own operations and the operations of all subcontractors as specified in Section 80, paragraph 80-04, Limitation of Operations. It is further understood and agreed that the Contractor shall provide for the uninterrupted operation of visual and electronic signals (including power supplies thereto) used in the guidance of aircraft while operating to, from, and upon the airport as specified in Section 70, paragraph 70-15, Contractor’s Responsibility for Utility Service and Facilities of Others.
b. With respect to their own operations and the operations of all subcontractors, the Contractor shall provide marking, lighting, and other acceptable means of identifying personnel, equipment, vehicles, storage areas, and any work area or condition that may be hazardous to the operation of aircraft, fire-rescue equipment, or maintenance vehicles at the airport in accordance with the construction safety and phasing plan (CSPP) and the safety plan compliance document (SPCD). c. When the contract requires the maintenance of an existing road, street, or highway during the Contractor’s performance of work that is otherwise provided for in the contract, plans, and specifications, the Contractor shall keep the road, street, or highwa y open to all traffic and shall provide maintenance as may be required to accommodate traffic. The Contractor, at their expense, shall be responsible for the repair to equal or better than preconstruction conditions of any damage caused by the Contractor’s equipment and personnel. The Contractor shall furnish, erect, and maintain barricades, warning signs, flag person, and other traffic control devices in reasonable conformity with the Manual on Uniform Traffic Control Devices (MUTCD) (http://mutcd.fhwa.dot.gov/), unless otherwise specified. The Contractor shall also construct and maintain in a safe condition any temporary connections necessary for ingress to and egress from abutting property or intersecting roads, streets or highways.
40-06 Removal of existing structures . All existing structures encountered within the established lines, grades, or grading sections shall be removed by the Contractor, unless such existing structures are otherwise specified to be relocated, adjusted up or down, salvaged, abandoned in place, reused in the work or to remain in place. The cost of removing such existing structures shall not be measured or paid for directly, but shall be included in the various contract items.
Should the Contractor encounter an existing structure (above or below ground) in the work for which the disposition is not indicated on the plans, the Resident Project Representative (RPR) shall be notified prior to disturbing such structure. The dispositi on of existing structures so encountered shall be immediately determined by the RPR in accordance with the provisions of the contract.
Except as provided in Section 40, paragraph 40-07, Rights in and Use of Materials Found in the Work, it is intended that all existing materials or structures that may be encountered (within the lines, grades, or grading sections established for completion of the work) shall be used in the work as otherwise provided for in the contract and shall remain the property of the Owner when so used in the work.
Section 40 Scope of Work GP-15
40-07 Rights in and use of materials found in the work. Should the Contractor encounter any material such as (but not restricted to) sand, stone, gravel, slag, or concrete slabs within the established lines, grades, or grading sections, the use of which is intended by the terms of the contract to be embankmen t, the Contractor may at their own option either:
a. Use such material in another contract item, providing such use is approved by the RPR and is in conformance with the contract specifications applicable to such use; or, b. Remove such material from the site, upon written approval of the RPR; or c. Use such material for the Contractor’s own temporary construction on site; or, d. Use such material as intended by the terms of the contract.
Should the Contractor wish to exercise option a., b., or c., the Contractor shall request the RPR’s approval in advance of such use.
Should the RPR approve the Contractor’s request to exercise option a., b., or c., the Contractor shall be paid for the excavation or removal of such material at the applicable contract price. The Contractor shall replace, at their expense, such removed or excavated material with an agreed equal volume of material that is acceptable for use in constructing embankment, backfills, or otherwise to the extent that such replacement material is needed to complete the contract work. The Contractor shall not be char ged for use of such material used in the work or removed from the site.
Should the RPR approve the Contractor’s exercise of option a., the Contractor shall be paid, at the applicable contract price, for furnishing and installing such material in accordance with requirements of the contract item in which the material is used.
It is understood and agreed that the Contractor shall make no claim for delays by reason of their own exercise of option a., b., or c.
The Contractor shall not excavate, remove, or otherwise disturb any material, structure, or part of a structure which is located outside the lines, grades, or grading sections established for the work, except where such excavation or removal is provided for in the contract, plans, or specifications. 40-08 Final cleanup. Upon completion of the work and before acceptance and final payment will be made, the Contractor shall remove from the site all machinery, equipment, surplus and discarded materials, rubbish, temporary structures, and stumps or portions of trees. The Contractor shall cut all brush and woods within the limits indicated and shall leave the site in a neat and presentable condition. Material cleared from the site and deposited on adjacent property will not be considered as having been disposed of satisfactorily, unless the Contractor has obtained the written permission of the property Owner.
END OF SECTION 40
Section 50 Control of Work GP-16
Section 50 Control of Work
50-01 Authority of the Resident Project Representative (RPR). The RPR has final authority regarding the interpretation of project specification requirements. The RPR shall determine acceptability of the quality of materials furnished, method of performance of work performed, and the manner and rate of performance of the work. The RPR does not have the authority to accept work that does not conform to specification requirements.
50-02 Conformity with plans and specifications . All work and all materials furnished shall be in reasonably close conformity with the lines, grades, grading sections, cross-sections, dimensions, material requirements, and testing requirements that are specified (including specified tolerances) in the contract, plans, or specifications.
If the RPR finds the materials furnished, work performed, or the finished product not within reasonably close conformity with the plans and specifications, but that the portion of the work affected will, in their opinion, result in a finished product having a level of safety, economy, durability, and workmanship acceptable to the Owner, the RPR will advise the Owner of their determination that the affected work be accepted and remain in place. The RPR will document the determination and recommend to the Own er a basis of acceptance that will provide for an adjustment in the contract price for the affected portion of the work. Changes in the contract price must be covered by contract change order or supplemental agreement as applicable.
If the RPR finds the materials furnished, work performed, or the finished product are not in reasonably close conformity with the plans and specifications and have resulted in an unacceptable finished product, the affected work or materials shall be removed and replaced or otherwise corrected by and at the expense of the Contractor in accordance with the RPR’s written orders.
The term “reasonably close conformity” shall not be construed as waiving the Contractor’s responsibility to complete the work in accordance with the contract, plans, and specifications. The term shall not be construed as waiving the RPR’s responsibility to insist on strict compliance with the requirements of the contract, plans, and specifications during the Contractor’s execution of the work, when, in the RPR’s opinion, such compliance is essential to provide an acceptable finished portion of the work.
The term “reasonably close conformity” is also intended to provide the RPR with the authority, after consultation with the Sponsor, to use sound engineering judgment in their determinations to accept work that is not in strict conformity, but will provide a finished product equal to or better than that required by the requirements of the contract, plans and specifications.
The RPR will not be responsible for the Contractor’s means, methods, techniques, sequences, or procedures of construction or the safety precautions incident thereto. 50-03 Coordination of contract, plans, and specifications . The contract, plans, specifications, and all referenced standards cited are essential parts of the contract requirements. If electronic files are provided and used on the project and there is a conflict between the electronic files and hard copy plans, t he hard copy plans shall govern. A requirement occurring in one is as binding as though occurring in all. They are intended to be complementary and to describe and provide for a complete work. In ca se of discrepancy, calculated dimensions will govern over scaled dimensions; contract technical specifications shall govern over contract general provisions, plans, cited standards for materials or testing, and cited advisory circulars (ACs); contract general provisions shall govern over plans, cited standards for materials or testing, and cited ACs; plans shall govern over cited standards for materials or testing and cited ACs. If any paragraphs
Section 50 Control of Work GP-17
contained in the Special Provisions conflict with General Provisions or Technical Specifications, the Special Provisions shall govern.
From time to time, discrepancies within cited testing standards occur due to the timing of the change, edits, and/or replacement of the standards. If the Contractor discovers any apparent discrepancy within standard test methods, the Contractor shall immed iately ask the RPR for an interpretation and decision, and such decision shall be final.
The Contractor shall not take advantage of any apparent error or omission on the plans or specifications. In the event the Contractor discovers any apparent error or discrepancy, Contractor shall immediately notify the Owner or the designated representative in writing requesting their written interpretation and decision. 50-04 List of Special Provisions. The Special Provisions are listed below in the order of preference. These documents shall govern in the following order:
1st Change Order or Supplemental Agreement
2 nd Contract/Agreement
3rd Addenda to the Plans and Specifications
4th Bid Proposal
5th Technical Specifications
6th Special Conditions
7th Construction Plans
8th General Provisions
9th General Construction Items
10th State Standard Plans and Specifications
50-05 Cooperation of Contractor. The Contractor shall be supplied with an electronic PDF of the plans and specifications. The Contractor shall have available on the construction site at all times one hardcopy each of the plans and specifications. Additional hard copies of plans and specifications may be obtained by the Contractor for the cost of reproduction.
The Contractor shall give constant attention to the work to facilitate the progress thereof, and shall cooperate with the RPR and their inspectors and with other Contractors in every way possible. The Contractor shall have a competent superintendent on the work at all times who is fully authorized as their agent on the work.
The superintendent shall be capable of reading and thoroughly understanding the plans and specifications and shall receive and fulfill instructions from the RPR or their authorized representative. 50-06 Cooperation between Contractors. The Owner reserves the right to contract for and perform other or additional work on or near the work covered by this contract.
When separate contracts are let within the limits of any one project, each Contractor shall conduct the work not to interfere with or hinder the progress of completion of the work being performed by other Contractors.
Contractors working on the same project shall cooperate with each other as directed.
Each Contractor involved shall assume all liability, financial or otherwise, in connection with their own contract and shall protect and hold harmless the Owner from any and all damages or claims that may arise because of inconvenience, delays, or loss exp erienced because of the presence and operations of other Contractors working within the limits of the same project.
The Contractor shall arrange their work and shall place and dispose of the materials being used to not interfere with the operations of the other Contractors within the limits of the same project. The Contractor shall join their work with that of the others in an acceptable manner and shall perform it in proper sequence to that of the others.
50-07 Construction layout and stakes. The Engineer/RPR shall establish necessary horizontal and vertical control. The establishment of Survey Control and/or reestablishment of survey control shall be by a State
Section 50 Control of Work GP-18
Licensed Land Surveyor. Contractor is responsible for preserving integrity of horizontal and vertical controls established by Engineer/RPR. In case of negligence on the part of the Contractor or their employees, resulting in the destruction of any horizo ntal and vertical control, the resulting costs will be deducted as a liquidated damage against the Contractor.
Prior to the start of construction, the Contractor will check all control points for horizontal and vertical accuracy and certify in writing to the RPR that the Contractor concurs with survey control established for the project. All lines, grades and measurements from control points necessary for the proper execution and control of the work on this project will be provided to the RPR. The Contractor is responsible to establish all layout required for the construction of the project.
Copies of survey notes will be provided to the RPR for each area of construction and for each placement of material as specified to allow the RPR to make periodic checks for conformance with plan grades, alignments and grade tolerances required by the applicable material specifications. Surveys will be provided to the RPR prior to commencing work items that cover or disturb the survey staking. Survey(s) and notes shall be provided in the following format(s): .CSV file.
Laser, GPS, String line, or other automatic control shall be checked with temporary control as necessary.
In the case of error, on the part of the Contractor, their surveyor, employees or subcontractors, resulting in established grades, alignment or grade tolerances that do not concur with those specified or shown on the plans, the Contractor is solely responsible for correction, removal, replacement and all associated costs at no additional cost to the Owner.
Accuracy of surveys shall be to the thousandths of a foot.
No direct payment will be made, unless otherwise specified in contract documents, for this labor, materials, or other expenses. The cost shall be included in the price of the bid for the various items of the Contract. 50-08 Authority and duties of Quality Assurance (QA) inspectors. QA inspectors shall be authorized to inspect all work done and all material furnished. Such QA inspection may extend to all or any part of the work and to the preparation, fabrication, or manufacture of the materials to be used. QA inspectors are not authorized to revoke, alter, or waive any provision of the contract. QA inspectors are not authorized to issue instructions contrary to the plans and specifications or to act as foreman for the Contractor.
QA Inspectors are authorized to notify the Contractor or their representatives of any failure of the work or materials to conform to the requirements of the contract, plans, or specifications and to reject such nonconforming materials in question until such issues can be referred to the RPR for a decision. 50-09 Inspection of the work . All materials and each part or detail of the work shall be subject to inspection. The RPR shall be allowed access to all parts of the work and shall be furnished with such information and assistance by the Contractor as is required to make a complete and detailed inspection.
If the RPR requests it, the Contractor, at any time before acceptance of the work, shall remove or uncover such portions of the finished work as may be directed. After examination, the Contractor shall restore said portions of the work to the standard requ ired by the specifications. Should the work thus exposed or examined prove acceptable, the uncovering, or removing, and the replacing of the covering or making good of the parts removed will be paid for as extra work; but should the work so exposed or exam ined prove unacceptable, the uncovering, or removing, and the replacing of the covering or making good of the parts removed will be at the Contractor’s expense.
Provide advance written notice to the RPR of work the Contractor plans to perform each week and each day. Any work done or materials used without written notice and allowing opportunity for inspection by the RPR may be ordered removed and replaced at the Contractor’s expense.
Should the contract work include relocation, adjustment, or any other modification to existing facilities, not the property of the (contract) Owner, authorized representatives of the Owners of such facilities shall have
Section 50 Control of Work GP-19
the right to inspect such work. Such inspection shall in no sense make any facility owner a party to the contract, and shall in no way interfere with the rights of the parties to this contract. 50-10 Removal of unacceptable and unauthorized work . All work that does not conform to the requirements of the contract, plans, and specifications will be considered unacceptable, unless otherwise determined acceptable by the RPR as provided in paragraph 50- 02, Conformity with Plans and Specifications.
Unacceptable work, whether the result of poor workmanship, use of defective materials, damage through carelessness, or any other cause found to exist prior to the final acceptance of the work, shall be removed immediately and replaced in an acceptable mann er in accordance with the provisions of Section 70, paragraph 70-14, Contractor’s Responsibility for Work.
No removal work made under provision of this paragraph shall be done without lines and grades having been established by the RPR. Work done contrary to the instructions of the RPR, work done beyond the lines shown on the plans or as established by the RPR, except as herein specified, or any extra work done without authority, will be considered as unauthorized and will not be paid for under the provisions of the contract. Work so done may be ordered removed or replaced at the Contractor’s expense.
Upon failure on the part of the Contractor to comply with any order of the RPR made under the provisions of this subsection, the RPR will have authority to cause unacceptable work to be remedied or removed and replaced; and unauthorized work to be removed and recover the resulting costs as a liquidated damage against the Contractor.
50-11 Load restrictions . The Contractor shall comply with all legal load restrictions in the hauling of materials on public roads beyond the limits of the work. A special permit will not relieve the Contractor of liability for damage that may result from the moving of material or equipment.
The operation of equipment of such weight or so loaded as to cause damage to structures or to any other type of construction will not be permitted. Hauling of materials over the base course or surface course under construction shall be limited as directed. No loads will be permitted on a concrete pavement, base, or structure before the expiration of the curing period. The Contractor, at their own expense, shall be responsible for the repair to equal or better than preconstruction conditions of any damage ca used by the Contractor’s equipment and personnel.
50-12 Maintenance during construction. The Contractor shall maintain the work during construction and until the work is accepted. Maintenance shall constitute continuous and effective work prosecuted day by day, with adequate equipment and forces so that the work is maintained in satisfactory condition at all times.
In the case of a contract for the placing of a course upon a course or subgrade previously constructed, the Contractor shall maintain the previous course or subgrade during all construction operations.
All costs of maintenance work during construction and before the project is accepted shall be included in the unit prices bid on the various contract items, and the Contractor will not be paid an additional amount for such work.
50-13 Failure to maintain the work. Should the Contractor at any time fail to maintain the work as provided in paragraph 50- 12, Maintenance during Construction , the RPR shall immediately notify the Contractor of such noncompliance. Such notification shall specify a reasonable time within which the Contractor shall be required to remedy such unsatisfactory maintenance condition. The time specified will give due consideration to the exigency that exists.
Should the Contractor fail to respond to the RPR’s notification, the Owner may suspend any work necessary for the Owner to correct such unsatisfactory maintenance condition, depending on the exigency that exists.
Any maintenance cost incurred by the Owner, shall be recovered as a liquidated damage against the Contractor.
Section 50 Control of Work GP-20
50-14 Partial acceptance. If at any time during the execution of the project the Contractor substantially completes a usable unit or portion of the work, the occupancy of which will benefit the Owner, the Contractor may request the RPR to make final inspection of that unit. If the RPR finds upon inspection that the unit has been satisfactorily completed in compliance with the contract, the RPR may accept it as being complete, and the Contractor may be relieved of further responsibility for that unit. Such partial acceptance and beneficial occupancy by the Owner shall not void or alter any provision of the contract. 50-15 Final acceptance. Upon due notice from the Contractor of presumptive completion of the entire project, the RPR and Owner will make an inspection. If all construction provided for and contemplated by the contract is found to be complete in accordance with the contract, plan s, and specifications, such inspection shall constitute the final inspection. The RPR shall notify the Contractor in writing of final acceptance as of the date of the final inspection.
If, however, the inspection discloses any work, in whole or in part, as being unsatisfactory, the RPR will notify the Contractor and the Contractor shall correct the unsatisfactory work. Upon correction of the work, another inspection will be made which sh all constitute the final inspection, provided the work has been satisfactorily completed. In such event, the RPR will make the final acceptance and notify the Contractor in writing of this acceptance as of the date of final inspection. 50-16 Claims for adjustment and disputes. If for any reason the Contractor deems that additional compensation is due for work or materials not clearly provided for in the contract, plans, or specifications or previously authorized as extra work, the Contractor shall notify the RPR in writing of t heir intention to claim such additional compensation before the Contractor begins the work on which the Contractor bases the claim. If such notification is not given or the RPR is not afforded proper opportunity by the Contractor for keeping strict account of actual cost as required, then the Contractor hereby agrees to waive any claim for such additional compensation. Such notice by the Contractor and the fact that the RPR has kept account of the cost of the work shall not in any way be construed as proving or substantiating the validity of the claim. When the work on which the claim for additional compensation is based has been completed, the Contractor shall, within 10 calendar days, submit a written claim to the R PR who will present it to the Owner for consideration in accordance with local laws or ordinances.
Nothing in this subsection shall be construed as a waiver of the Contractor’s right to dispute final payment based on differences in measurements or computations.
END OF SECTION 50
Section 60 Control of Materials GP-21
Section 60 Control of Materials
60-01 Source of supply and quality requirements . The materials used in the work shall conform to the requirements of the contract, plans, and specifications. Unless otherwise specified, such materials that are manufactured or processed shall be new (as compared to used or reprocessed).
In order to expedite the inspection and testing of materials, the Contractor shall furnish documentation to the RPR as to the origin, composition, and manufacture of all materials to be used in the work.
Documentation shall be furnished promptly after execution of the contract but, in all cases, prior to delivery of such materials.
At the RPR’s option, materials may be approved at the source of supply before delivery. If it is found after trial that sources of supply for previously approved materials do not produce specified products, the Contractor shall furnish materials from other sources.
The Contractor shall furnish airport lighting equipment that meets the requirements of the specifications; and is listed in AC 150/5345-53, Airport Lighting Equipment Certification Program and Addendum, that is in effect on the date of advertisement.
60-02 Samples, tests, and cited specifications . All materials used in the work shall be inspected, tested, and approved by the RPR before incorporation in the work unless otherwise designated. Any work in which untested materials are used without approval or written permission of the RPR shall be perf ormed at the Contractor’s risk. Materials found to be unacceptable and unauthorized will not be paid for and, if directed by the RPR, shall be removed at the Contractor’s expense.
Unless otherwise designated, quality assurance tests will be made by and at the expense of the Owner in accordance with the cited standard methods of ASTM, American Association of State Highway and Transportation Officials (AASHTO), federal specifications, Commercial Item Descriptions, and all other cited methods, which are current on the date of advertisement for bids.
The testing organizations performing on-site quality assurance field tests shall have copies of all referenced standards on the construction site for use by all technicians and other personnel. Unless otherwise designated, samples for quality assurance wil l be taken by a qualified representative of the RPR. All materials being used are subject to inspection, test, or rejection at any time prior to or during incorporation into the work. Copies of all tests will be furnished to the Contractor’s representative at their request after review and approval of the RPR.
A copy of all Contractor QC test data shall be provided to the RPR daily, along with printed reports, in an approved format, on a weekly basis. After completion of the project, and prior to final payment, the Contractor shall submit a final report to the RPR showing all test data reports, plus an analysis of all results showing ranges, averages, and corrective action taken on all failing tests.
The Contractor shall employ a Quality Control (QC) testing organization to perform all Contractor required QC tests in accordance with Item C-100 Contractor Quality Control Program (CQCP). 60-03 Certification of compliance/analysis (COC/COA). The RPR may permit the use, prior to sampling and testing, of certain materials or assemblies when accompanied by manufacturer’s COC stating that such materials or assemblies fully comply with the requirements of the contract. The certificate shall be si gned by the manufacturer. Each lot of such materials or assemblies delivered to the work must be accompanied by a certificate of compliance in which the lot is clearly identified. The COA is the manufactu rer’s COC and includes all applicable test results.
Section 60 Control of Materials GP-22
Materials or assemblies used on the basis of certificates of compliance may be sampled and tested at any time and if found not to be in conformity with contract requirements will be subject to rejection whether in place or not.
The form and distribution of certificates of compliance shall be as approved by the RPR.
When a material or assembly is specified by “brand name or equal” and the Contractor elects to furnish the specified “or equal,” the Contractor shall be required to furnish the manufacturer’s certificate of compliance for each lot of such material or assembly delivered to the work. Such certificate of compliance shall clearly identify each lot delivered and shall certify as to:
a. Conformance to the specified performance, testing, quality or dimensional requirements; and, b. Suitability of the material or assembly for the use intended in the contract work.
The RPR shall be the sole judge as to whether the proposed “or equal” is suitable for use in the work.
The RPR reserves the right to refuse permission for use of materials or assemblies on the basis of certificates of compliance.
60-04 Plant inspection. The RPR or their authorized representative may inspect, at its source, any specified material or assembly to be used in the work. Manufacturing plants may be inspected from time to time for the purpose of determining compliance with specified manufacturing methods or materials to be used in the work and to obtain samples required for acceptance of the material or assembly.
Should the RPR conduct plant inspections, the following conditions shall exist:
a. The RPR shall have the cooperation and assistance of the Contractor and the producer with whom the Contractor has contracted for materials.
b. The RPR shall have full entry at all reasonable times to such parts of the plant that concern the manufacture or production of the materials being furnished. c. If required by the RPR, the Contractor shall arrange for adequate office or working space that may be reasonably needed for conducting plant inspections. Place office or working space in a convenient location with respect to the plant.
It is understood and agreed that the Owner shall have the right to retest any material that has been tested and approved at the source of supply after it has been delivered to the site. The RPR shall have the right to reject only material which, when retested, does not meet the requirements of the contract, plans, or specifications.
60-05 Engineer/ Resident Project Representative (RPR) field office. An Engineer/RPR field office is not required.
60-06 Storage of materials. Materials shall be stored to assure the preservation of their quality and fitness for the work. Stored materials, even though approved before storage, may again be inspected prior to their use in the work. Stored materials shall be located to facilitate their prompt inspection. The Contractor shall coordinate the storage of all materials with the RPR. Materials to be stored on airport property shall not create an obstruction to air navigation nor shall they interfere with the free and unobstructed movement of aircraft. Unless otherwise shown on the plans and/or CSPP, the storage of materials and the location of the Contractor’s plant and parked equipment or vehicles shall be as directed by the RPR. Private property shall not be used for storage purposes without written permission of the Owner or lessee of such property. The Contractor shall make all arrangements and bear all expenses for the storage of materials on private property. Upon request, the Contractor shall furnish the RPR a copy of the property Owner’s permission.
All storage sites on private or airport property shall be restored to their original condition by the Contractor at their expense, except as otherwise agreed to (in writing) by the Owner or lessee of the property.
Section 60 Control of Materials GP-23
60-07 Unacceptable materials. Any material or assembly that does not conform to the requirements of the contract, plans, or specifications shall be considered unacceptable and shall be rejected. The Contractor shall remove any rejected material or assembly from the site of the work, unless otherwise instructed by the RPR.
Rejected material or assembly, the defects of which have been corrected by the Contractor, shall not be returned to the site of the work until such time as the RPR has approved its use in the work. 60-08 Owner furnished materials . The Contractor shall furnish all materials required to complete the work, except those specified, if any, to be furnished by the Owner. Owner-furnished materials shall be made available to the Contractor at the location specified.
All costs of handling, transportation from the specified location to the site of work, storage, and installing Owner-furnished materials shall be included in the unit price bid for the contract item in which such Owner- furnished material is used.
After any Owner -furnished material has been delivered to the location specified, the Contractor shall be responsible for any demurrage, damage, loss, or other deficiencies that may occur during the Contractor’s handling, storage, or use of such Owner -furnished material. The Owner will deduct from any monies due or to become due the Contractor any cost incurred by the Owner in making good such loss due to the Contractor’s handling, storage, or use of Owner-furnished materials.
END OF SECTION 60
Section 70 Legal Regulations and Responsibility to Public GP-24 Section 70 Legal Regulations and Responsibility to Public 70-01 Laws to be observed. The Contractor shall keep fully informed of all federal and state laws, all local laws, ordinances, and regulations and all orders and decrees of bodies or tribunals having any jurisdiction or authority, which in any manner affect those engaged or employed on the work, or which in any way affect the conduct of the work. The Contractor shall at all times observe and comply with all such laws, ordinances, regulations, orders, and decrees; and shall protect and indemnify the Owner and all their officers, agents, or servants against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree, whether by the Contractor or the Contractor’s employees. 70-02 Permits, licenses, and taxes. The Contractor shall procure all permits and licenses, pay all charges, fees, and taxes, and give all notices necessary and incidental to the due and lawful execution of the work. 70-03 Patented devices, materials, and processes. If the Contractor is required or desires to use any design, device, material, or process covered by letters of patent or copyright, the Contractor shall provide for such use by suitable legal agreement with the Patentee or Owner. The Contractor and the s urety shall indemnify and hold harmless the Owner, any third party, or political subdivision from any and all claims for infringement by reason of the use of any such patented design, device, material or proc ess, or any trademark or copyright, and shall indemnify the Owner for any costs, expenses, and damages which it may be obliged to pay by reason of an infringement, at any time during the execution or after the completion of the work.
70-04 Restoration of surfaces disturbed by others . The Owner reserves the right to authorize the construction, reconstruction, or maintenance of any public or private utility service, FAA or National Oceanic and Atmospheric Administration (NOAA) facility, or a utility service of another government agency at any time during the progress of the work. To the extent that such construction, reconstruction, or maintenance has been coordinated with the Owner, such authorized work (by others) must be shown on the plans and is indicated as follows:
None
Except as listed above, the Contractor shall not permit any individual, firm, or corporation to excavate or otherwise disturb such utility services or facilities located within the limits of the work without the written permission of the RPR.
Should the Owner of public or private utility service, FAA, or NOAA facility, or a utility service of another government agency be authorized to construct, reconstruct, or maintain such utility service or facility during the progress of the work, the Contractor shall cooperate with such Owners by arranging and performing the work in this contract to facilitate such construction, reconstruction or maintenance by others whether or not such work by others is listed above. When ordered as extra work by the RPR, the Contractor shall make all necessary repairs to the work which are due to such authorized work by others, unless otherwise provided for in the contract, plans, or specifications. It is understood and agreed that the Contractor shall not be entitled to make any claim for damages due to such authorized work by others or for any delay to the work resulting from such authorized work.
70-05 Sanitary, health, and safety provisions. The Contractor’s worksite and facilities shall comply with applicable federal, state, and local requirements for health, safety and sanitary provisions.
Section 70 Legal Regulations and Responsibility to Public GP-25 70-06 Public convenience and safety . The Contractor shall control their operations and those of their subcontractors and all suppliers, to assure the least inconvenience to the traveling public. Under all circumstances, safety shall be the most important consideration.
The Contractor shall maintain the free and unobstructed movement of aircraft and vehicular traffic with respect to their own operations and those of their own subcontractors and all suppliers in accordance with Section 40, paragraph 40-05, Maintenance of Traffic, and shall limit such operations for the convenience and safety of the traveling public as specified in Section 80, paragraph 80-04, Limitation of Operations.
The Contractor shall remove or control debris and rubbish resulting from its work operations at frequent intervals, and upon the order of the RPR. If the RPR determines the existence of Contractor debris in the work site represents a hazard to airport operations and the Contractor is unable to respond in a prompt and reasonable manner, the RPR reserves the right to assign the task of debris removal to a third party and recover the resulting costs as a liquidated damage against the Contractor. 70-07 Construction Safety and Phasing Plan (CSPP). The Contractor shall complete the work in accordance with the approved Construction Safety and Phasing Plan (CSPP) developed in accordance with AC 150/5370-2, Operational Safety on Airports During Construction. The CSPP is o n sheets 2 and 3 of the project plans.
70-08 Use of explosives. The use of explosives is not permitted on this project. 70-09 Protection and restoration of property and landscape. The Contractor shall be responsible for the preservation of all public and private property, and shall protect carefully from disturbance or damage all land monuments and property markers until the Engineer/RPR has witnessed or otherwise referenced their location and shall not move them until directed.
The Contractor shall be responsible for all damage or injury to property of any character, during the execution of the work, resulting from any act, omission, neglect, or misconduct in manner or method of executing the work, or at any time due to defective work or materials, and said responsibility shall not be released until the project has been completed and accepted.
When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect, or misconduct in the execution of the work, or in consequence of the non- execution thereof by the Contractor, the Contractor shall restore, at their expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, or otherwise restoring as may be directed, or the Contractor shall make good such damage or injury in an acceptable manner.
70-10 Responsibility for damage claims. The Contractor shall indemnify and hold harmless the Engineer/RPR and the Owner and their officers, agents, and employees from all suits, actions, or claims, of any character, brought because of any injuries or damage received or sustained by any person, persons, or property on account of the operations of the Contractor; or on account of or in consequence of any neglect in safeguarding the work; or through use of unacceptable materials in constructing the work; or because of any act or omission, neglect, or misconduct of said Contractor; or because of any claims or amounts recovered from any infringements of patent, trademark, or copyright; or from any claims or amounts arising or recovered under the “Workmen’s Compensation Act,” or any other law, ordinance, order, or decree.
Money due the Contractor under and by virtue of their own contract considered necessary by the Owner for such purpose may be retained for the use of the Owner or, in case no money is due, their own sur ety may be held until such suits, actions, or claims for injuries or damages shall have been settled and suitable evidence to that effect furnished to the Owner, except that money due the Contractor will not be withheld when the Contractor produces satisfactory evidence that he or she is adequately protected by public liability and property damage insurance.
Section 70 Legal Regulations and Responsibility to Public GP-26 70-11 Third party beneficiary clause. It is specifically agreed between the parties executing the contract that it is not intended by any of the provisions of any part of the contract to create for the public or any member thereof, a third-party beneficiary or to authorize anyone not a party to the contract to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of the contract. 70-12 Opening sections of the work to traffic . If it is necessary for the Contractor to complete portions of the contract work for the beneficial occupancy of the Owner prior to completion of the entire contract, such “phasing” of the work must be specified below and indicated on the approved Construction Safety and Phasing Plan (CSPP) and the project plans. When so specified, the Contractor shall complete such portions of the work on or before the date specified or as otherwise specified.
Upon completion of any portion of work listed above, such portion shall be accepted by the Owner in accordance with Section 50, paragraph 50-14, Partial Acceptance.
No portion of the work may be opened by the Contractor until directed by the Owner in writing. Should it become necessary to open a portion of the work to traffic on a temporary or intermittent basis, such openings shall be made when, in the opinion of the RPR, such portion of the work is in an acceptable condition to support the intended traffic. Temporary or intermittent openings are considered to be inherent in the work and shall not constitute either acceptance of the portion of the work so opened or a waiver of any provision of the contract. Any damage to the portion of the work so opened that is not attributable to traffic which is permitted by the Owner shall be repaired by the Contractor at their expense.
The Contractor shall make their own estimate of the inherent difficulties involved in completing the work under the conditions herein described and shall not claim any added compensation by reason of delay or increased cost due to opening a portion of the contract work.
The Contractor must conform to safety standards contained AC 150/5370-2 and the approved CSPP.
Contractor shall refer to the plans, specifications, and the approved CSPP to identify barricade requirements, temporary and/or permanent markings, airfield lighting, guidance signs and other safety requirements prior to opening up sections of work to traffic. 70-13 Contractor’s responsibility for work . Until the RPR’s final written acceptance of the entire completed work, excepting only those portions of the work accepted in accordance with Section 50, paragraph 50-14, Partial Acceptance, the Contractor shall have the charge and care thereof and shall take every precaution against injury or damage to any part due to the action of the elements or from any other cause, whether arising from the execution or from the non- execution of the work. The Contractor shall rebuild, repair, restore, and make good all injuries or damages to any portion of the work occasioned by any of the above causes before final acceptance and shall bear the expense thereof except damage to the work due to unforeseeabl e causes beyond the control of and without the fault or negligence of the Contractor, including but not restricted to acts of God such as earthquake, tidal wave, tornado, hurricane or other cataclysmic phenomenon of nature, or acts of the public enemy or of government authorities.
If the work is suspended for any cause whatever, the Contractor shall be responsible for the work and shall take such precautions necessary to prevent damage to the work. The Contractor shall provide for normal drainage and shall erect necessary temporary structures, signs, or other facilities at their own expense.
During such period of suspension of work, the Contractor shall properly and continuously maintain in an acceptable growing condition all living material in newly established planting, seeding, and sodding furnished under the contract, and shall take adequate precautions to protect new tree growth and other important vegetative growth against injury.
70-14 Contractor’s responsibility for utility service and facilities of others. As provided in paragraph 70-04, Restoration of Surfaces Disturbed by Others, the Contractor shall cooperate with the owner of any public or private utility service, FAA or NOAA, or a utility service of another government agency that may be authorized by the Owner to construct, reconstruct or maintain such utility services or faci lities during
Section 70 Legal Regulations and Responsibility to Public GP-27 the progress of the work. In addition, the Contractor shall control their operations to prevent the unscheduled interruption of such utility services and facilities.
To the extent that such public or private utility services, FAA, or NOAA facilities, or utility services of another governmental agency are known to exist within the limits of the contract work, the approximate locations have been indicated on the plans and/or in the contract documents.
Utility Service
or Facility
Person to Contact
(Name, Title)
Owner's
Address
Owner's
Emergency
Contact (Phone)
Electric and Gas Pacific Gas and Electric
(PG&E)
1916 H Street
Bakersfield, CA 93301
(661) 398-5989
Water and Sewer City of Hanford 315 N. Douty Street
Hanford, CA 93230
(559) 585-2510
It is understood and agreed that the Owner does not guarantee the accuracy or the completeness of the location information relating to existing utility services, facilities, or structures that may be shown on the plans or encountered in the work. Any inaccuracy or omission in such information shall not relieve the Contractor of the responsibility to protect such existing features from damage or unscheduled interruption of service.
It is further understood and agreed that the Contractor shall, upon execution of the contract, notify the Owners of all utility services or other facilities of their plan of operations. Such notification shall be in writing addressed to “The Person to Cont act” as provided in this paragraph and paragraph 70 -04, Restoration of Surfaces Disturbed By Others. A copy of each notification shall be given to the RPR.
In addition to the general written notification provided, it shall be the responsibility of the Contractor to keep such individual Owners advised of changes in their plan of operations that would affect such Owners.
Prior to beginning the work in the general vicinity of an existing utility service or facility, the Contractor shall again notify each such Owner of their plan of operation. If, in the Contractor’s opinion, the Owner’s assistance is needed to locate the utility service or facility or the presence of a representative of the Owner is desirable to observe the work, such advice should be included in the notification. Such notification shall be given by the most expeditious means to reach the utility owner’s “Person to Contact” no later than two normal business days prior to the Contractor’s commencement of operations in such general vicinity. The Contractor shall furnish a written summary of the notification to the RPR.
The Contractor’s failure to give the two days’ notice shall be cause for the Owner to suspend the Contractor’s operations in the general vicinity of a utility service or facility.
Where the outside limits of an underground utility service have been located and staked on the ground, the Contractor shall be required to use hand excavation methods within 3 feet (1 m) of such outside limits at such points as may be required to ensure protection from damage due to the Contractor’s operations.
Should the Contractor damage or interrupt the operation of a utility service or facility by accident or otherwise, the Contractor shall immediately notify the proper authority and the RPR and shall take all reasonable measures to prevent further damage or interruption of service. The Contractor, in such events, shall cooperate with the utility service or facility owner and the RPR continuously until such damage has been repaired and service restored to the satisfaction of the utility or facility owner.
The Contractor shall bear all costs of damage and restoration of service to any utility service or facility due to their operations whether due to negligence or accident. The Owner reserves the right to deduct such costs from any monies due or which may become due the Contractor, or their own surety.
Section 70 Legal Regulations and Responsibility to Public GP-28 70-15 Furnishing rights-of-way. The Owner will be responsible for furnishing all rights -of-way upon which the work is to be constructed in advance of the Contractor’s operations. 70-16 Personal liability of public officials. In carrying out any of the contract provisions or in exercising any power or authority granted by this contract, there shall be no liability upon the Engineer, RPR, their authorized representatives, or any officials of the Owner either personally or as an official of the Owner. It is understood that in such matters they act solely as agents and representatives of the Owner. 70-17 No waiver of legal rights. Upon completion of the work, the Owner will expeditiously make final inspection and notify the Contractor of final acceptance. Such final acceptance, however, shall not preclude or stop the Owner from correcting any measurement, estimate, or certificate made before or after completion of the work, nor shall the Owner be precluded or stopped from recovering from the Contractor or their surety, or both, such overpayment as may be sustained, or by failure on the part of the Contractor to fulfill their obligations under the contract. A waiver on the part of the Owner of any breach of any part of the contract shall not be held to be a waiver of any other or subsequent breach.
The Contractor, without prejudice to the terms of the contract, shall be liable to the Owner for latent defects, fraud, or such gross mistakes as may amount to fraud, or as regards the Owner’s rights under any warranty or guaranty.
70-18 Environmental protection. The Contractor shall comply with all federal, state, and local laws and regulations controlling pollution of the environment. The Contractor shall take necessary precautions to prevent pollution of streams, lakes, ponds, and reservoirs with fuels, oils, asphalts, chemicals, or other harmful materials and to prevent pollution of the atmosphere from particulate and gaseous matter. 70-19 Archaeological and historical findings . Unless otherwise specified in this subsection, the Contractor is advised that the site of the work is not within any property, district, or site, and does not contain any building, structure, or object listed in the current National Register of Historic Places published by the United States Department of Interior.
Should the Contractor encounter, during their operations, any building, part of a building, structure, or object that is incongruous with its surroundings, the Contractor shall immediately cease operations in that location and notify the RPR. The RPR will immediately investigate the Contractor’s finding and the Owner will direct the Contractor to either resume operations or to suspend operations as directed.
Should the Owner order suspension of the Contractor’s operations in order to protect an archaeological or historical finding, or order the Contractor to perform extra work, such shall be covered by an appropriate contract change order or supplemental agreement as provided in Section 40, paragraph 40-04, Extra Work, and Section 90, paragraph 90- 05, Payment for Extra Work . If appropriate, the contract change order or supplemental agreement shall include an extension of contract time in accordance with Section 80, paragraph 80-07, Determination and Extension of Contract Time. 70-20 Insurance Requirements.
The 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 the Contractor, his agent s, representatives, employees AND his Subcontractors. Contractor will maintain the following coverage, and coverage shall be at least as broad as:
Section 70 Legal Regulations and Responsibility to Public GP-29 Minimum Scope of Insurance
(A) Commercial General Liability (CGL) : Insurance Services Office (ISO) Form CG 0001, including products and completed operations, with limits of no less than TWO MILLION AND NO/100 DOLLARS ($2,000,000) per occurrence for bodily injury, personal injury, and property damage. If a general aggregate limit applies, either the general aggregate limit shall be FOUR MILLION AND NO/100 DOLLARS ($4,000,000), twice the required occurrence limit.
(B) Automobile Liability: ISO Form Number CA 0001 covering any a uto (Code 1), with a limit no less than ONE MILLION AND NO/100 DOLLARS ($1,000,000) combined single limit for each occurrence for bodily injury and property damage for all activities arising out of or in connection with the Services to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles.
(C) Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with a limit of no less than ONE MILLION AND NO/100 DOLLARS ($1,000,000) per accident for bodily injury or disease. In addition, Contractor shall require each subcontractor to similarly maintain worker’s compensation insurance or employer’s liability insurance in accordance with the laws of the State of California for all of subcontractor’s employees. Any notice of cancellation, non-payment of premium, non- compensation policies must be received by the City at least ten (10) days prior to such cancellation, non-renewal or modification.
Minimum Limits of Insurance:
If Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by Contractor.
Contractor’s insurance policies shall be “occurrence” policies and not “claims-made” coverage.
Contractor may maintain an Umbrella policy in conjunction with the insurance policies referenced above.
In such case, Contractor shall be deemed to have satisfied the insurance requirements of this contract as long as: (i) the coverage limits of the Umbrella policy and of the underlying liability policy(ies), when combined, satisfy each of the per occurrence and aggregate requirements identified in this subsection a.; and (ii) coverage under the Umbrella policy is as broad as the underlying insurance that it supplements.
Deductibles and Self-Insured Retentions:
Any deductibles or self-insured retentions must be declared with the insurance document and provided to and approved by the City. The City may require Contractor to purchase coverage with a lower deductible or retention or provide proof of ability to pay l osses and related investigations, claim administration, and defense expenses within the retention. Alternatively, the City may require Contractor to provide a Financial Guarantee satisfactory to the City guaranteeing payment of losses and defense expenses within the retention.
Other Insurance Provisions Endorsements:
The policies are to contain, or be endorsed to contain, the following provisions:
(A) “The City and its elected or appointed officers, officials, employees, agents, and volunteers are to be covered as additional insureds on the CGL and automobile liability policies with respect to liability arising out of work or operations performed by or on behalf of Contractor including materials, parts, or equipment furnished in connection with such work or operations; products
Section 70 Legal Regulations and Responsibility to Public GP-30 used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. General liability coverage can be provided in the form of an endorsement to Contractor’s insurance at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10 and CG 20 37 if a later edition is used. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (B) For any claims related to this contract, Contractor’s insurance coverage shall be primary insurance as respects the City and its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City and/or its officers, officials, employees, or volunteers shall be in excess of Contractor’s insurance and shall be non-contributory. (C) Each insurance policy required above shall provide that coverage shall not be canceled, except with a minimum 30 days’ notice to the City.
(D) The policies of insurance shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with the policies of insurance obtained by the Contractor.
(E) These policies of insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
(F) The insurer shall agree to waive all rights of subrogation against City, its officials, officers, agents, employees and volunteers for losses arising from work performed by Consultant for City.
(G) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.
(H) The insurance provided by these policies shall not be suspended, voided, canceled, modified or ed in coverage or in limits except after thirty (30) days written notice has been received by the City.
Acceptability of Insurers:
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A-(Excellent) and which are authorized to write business in the State of California.
Verification of Coverage:
Contractor shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
All forms and endorsements are to list the City of Hanford as additional insured’s. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Contractor hereby grants to City and its officers, officials, employees, and volunteers a waiver of any right to subrogation which any insurer of Contractor may acquire against the City and/or its officers, officials, employees, and volunteers by virtue of the payment of any loss under such insurance. Contractor agrees to
Section 70 Legal Regulations and Responsibility to Public GP-31 obtain endorsements necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
Contractor may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name City as a loss payee.
If the project does not involve new or major reconstruction, at the option of City, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion, or adjustment to existing buildings, structures, processes, machinery, and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery, or equipment damaged, impaired, broken, or destroyed during the performance of this contract, including during transit, installation, and testing at the City-owned site.
The City reserves the right to modify the insurance requirements contained in this contract, on, coverage limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Subcontractors:
Contractor shall include all subcontractors as insureds under its policies OR shall furnish separate certificates and endorsements for each subcontractor shall be subject to all of the requirements stated herein.
END OF SECTION 70
Section 80 Execution and Progress GP-32
Section 80 Execution and Progress
80-01 Subletting of contract. The Owner will not recognize any subcontractor on the work. The Contractor shall at all times when work is in progress be represented either in person, by a qualified superintendent, or by other designated, qualified representative who is duly authorized to receive and execute orders of the Resident Project Representative (RPR).
The Contractor shall perform, with his organization, an amount of work equal to at leas t 30 percent of the total contract cost.
Should the Contractor elect to assign their contract, said assignment shall be concurred in by the surety, shall be presented for the consideration and approval of the Owner, and shall be consummated only on the written approval of the Owner.
The Contractor shall provide copies of all subcontracts to the RPR 14 days prior to being utilized on the project. As a minimum, the information shall include the following:
• Subcontractor's legal company name.
• Subcontractor's legal company address, including County name. • Principal contact person's name, telephone and fax number. • Complete narrative description, and dollar value of the work to be performed by the subcontractor.
• Copies of required insurance certificates in accordance with the specifications. • Minority/ non-minority status.
80-02 Notice to proceed (NTP). The Owners notice to proceed will state the date on which contract time commences. The Contractor is expected to commence project operations within 10 days of the mailing of the NTP date. The Contractor shall notify the RPR at least 24 hours in advance of the time contract operations begins. The Contractor shall not commence any actual operations prior to the date on which the notice to proceed is issued by the Owner.
80-03 Execution and progress. Unless otherwise specified, the Contractor shall submit their coordinated construction schedule showing all work activities for the RPR’s review and acceptance at the Preconstruction Conference or at least two weeks prior to the start of work , whichever is greater . The Contractor’s progress schedule, once accepted by the RPR, will represent the Contractor's baseline plan to accomplish the project in accordance with the terms and conditions of the Contract. The RPR will compare actual Contractor progress against the baseline schedule to determine that status of the Contractor's performance. The Contractor shall provide sufficient materials, equipment, and labor to guarantee the completion of the project in accordance with the pla ns and specifications within the time set forth in the proposal.
If the Contractor falls significantly behind the submitted schedule, the Contractor shall, upon the RPR’s request, submit a revised schedule for completion of the work within the contract time and modify their operations to provide such additional material s, equipment, and labor necessary to meet the revised schedule. Should the execution of the work be discontinued for any reason, the Contractor shall notify the RPR at least 24 hours in advance of resuming operations.
Section 80 Execution and Progress GP-33
The Contractor shall not commence any actual construction prior to the date on which the NTP is issued by the Owner.
The project schedule shall be prepared as a network diagram in Critical Path Method (CPM), Program Evaluation and Review Technique (PERT), or other format, or as otherwise specified. It shall include information on the sequence of work activities, milestone dates, and activity duration. The schedule shall show all work items identified in the project proposal for each work area and shall include the project start date and end date.
The Contractor shall maintain the work schedule and provide an update and analysis of the progress schedule on a bi-weekly basis, or as otherwise specified in the contract. Submission of the work schedule shall not relieve the Contractor of overall responsibility for scheduling, sequencing, and coordinating all work to comply with the requirements of the contract.
80-04 Limitation of operations. The Contractor shall control their operations and the operations of their subcontractors and all suppliers to provide for the free and unobstructed movement of aircraft in the air operations areas (AOA) of the airport.
When the work requires the Contractor to conduct their operations within an AOA of the airport, the work shall be coordinated with airport operations (through the RPR) at least 48 hours prior to commencement of such work. The Contractor shall not close an AOA until so authorized by the RPR and until the necessary temporary marking, signage and associated lighting is in place as provided in Section 70, paragraph 70-08, Construction Safety and Phasing Plan (CSPP).
When the contract work requires the Contractor to work within an AOA of the airport on an intermittent basis (intermittent opening and closing of the AOA), the Contractor shall maintain constant communications as specified; immediately obey all instructions to vacate the AOA; and immediately obey all instructions to resume work in such AOA. Failure to maintain the specified communications or to obey instructions shall be cause for suspension of the Contractor’s operations in the AOA until satisfactory conditions are provided. The areas of the AOA identified in the Construction Safety Phasing Plan (CSPP) and as listed below, cannot be closed to operating aircraft to permit the Contractor’s operations on a continuous basis and will therefore be closed to aircraft operations intermittently as follows:
AOA
Time Periods AOA
Can be Closed*
Type of Communications
Required When Working
in AOA
Control
Authority**
Runway 14-32,
Taxiways, and Tie
Down Apron
None Two-Way Radio Tuned to
122.800 MHz
Airport Manager
Fuel Island, Portion of
Apron Taxilane
* Two-Way Radio Tuned to
122.800 MHz
Airport Manager
*See Construction Safety and Phasing Plan
**Including driver training and/or safety training.
The Contractor shall be required to conform to safety standards contained in AC 150/5370-2, Operational Safety on Airports During Construction and the approved CSPP. 80-04.1 Operational safety on airport during construction. All Contractors’ operations shall be conducted in accordance with the approved project Construction Safety and Phasing Plan (CSPP) and the Safety Plan Compliance Document (SPCD) and the provisions set forth within the current version of AC
Section 80 Execution and Progress GP-34
150/5370-2, Operational Safety on Airports During Construction. The CSPP included within the contract documents conveys minimum requirements for operational safety on the airport during construction activities. The Contractor shall prepare and submit a SPCD that details how it proposes to comply with the requirements presented within the CSPP.
The Contractor shall implement all necessary safety plan measures prior to commencement of any work activity. The Contractor shall conduct routine checks to assure compliance with the safety plan measures.
The Contractor is responsible to the Owner for the conduct of all subcontractors it employs on the project.
The Contractor shall assure that all subcontractors are made aware of the requirements of the CSPP and SPCD and that they implement and maintain all necessary measures.
No deviation or modifications may be made to the approved CSPP and SPCD unless approved in writing by the Owner. The necessary coordination actions to review Contractor proposed modifications to an approved CSPP or approved SPCD can require a significant amount of time. 80-05 Character of workers, methods, and equipment . The Contractor shall, at all times, employ sufficient labor and equipment for prosecuting the work to full completion in the manner and time required by the contract, plans, and specifications.
All workers shall have sufficient skill and experience to perform properly the work assigned to them.
Workers engaged in special work or skilled work shall have sufficient experience in such work and in the operation of the equipment required to perform the work satisfactorily.
Any person employed by the Contractor or by any subcontractor who violates any operational regulations or operational safety requirements and, in the opinion of the RPR, does not perform his work in a proper and skillful manner or is intemperate or disorde rly shall, at the written request of the RPR, be removed immediately by the Contractor or subcontractor employing such person, and shall not be employed again in any portion of the work without approval of the RPR.
Should the Contractor fail to remove such person or persons, or fail to furnish suitable and sufficient personnel for the proper execution of the work, the RPR may suspend the work by written notice until compliance with such orders.
All equipment that is proposed to be used on the work shall be of sufficient size and in such mechanical condition as to meet requirements of the work and to produce a satisfactory quality of work. Equipment used on any portion of the work shall not cause injury to previously completed work, adjacent property, or existing airport facilities due to its use.
When the methods and equipment to be used by the Contractor in accomplishing the work are not prescribed in the contract, the Contractor is free to use any methods or equipment that will accomplish the work in conformity with the requirements of the contract, plans, and specifications.
When the contract specifies the use of certain methods and equipment, such methods and equipment shall be used unless otherwise authorized by the RPR. If the Contractor desires to use a method or type of equipment other than specified in the contract, the Contractor may request authority from the RPR to do so.
The request shall be in writing and shall include a full description of the methods and equipment proposed and of the reasons for desiring to make the change. If approval is given, it will be on the condition that the Contractor will be fully responsible for producing work in conformity with contract requirements. If, after trial use of the substituted methods or equipment, the RPR determines that the work produced does not meet contract requirements, the Contractor shall discontinue the use of the substitute method or equipment and shall complete the remaining work with the specified methods and equipment. The Contractor shall remove any deficient work and replace it with work of specified quality, or take such other corrective action as the RPR may direct. No change will be made in basis of payment for the contract items involved nor in contract time as a result of authorizing a change in methods or equipment under this paragraph.
Section 80 Execution and Progress GP-35
80-06 Temporary suspension of the work . The Owner shall have the authority to suspend the work wholly, or in part, for such period or periods the Owner may deem necessary, due to unsuitable weather, or other conditions considered unfavorable for the execution of the work, or for such time nece ssary due to the failure on the part of the Contractor to carry out orders given or perform any or all provisions of the contract.
In the event that the Contractor is ordered by the Owner, in writing, to suspend work for some unforeseen cause not otherwise provided for in the contract and over which the Contractor has no control, the Contractor may be reimbursed for actual money expended on the work during the period of shutdown. No allowance will be made for anticipated profits. The period of shutdown shall be computed from the effective date of the written order to suspend work to the effective date of the written order to resume the work.
Claims for such compensation shall be filed with the RPR within the time period stated in the RPR’s order to resume work. The Contractor shall submit with their own claim information substantiating the amount shown on the claim. The RPR will forward the Contractor’s claim to the Owner for consideration in accordance with local laws or ordinances. No provision of this article shall be construed as entitling the Contractor to compensation for delays due to inclement weather or for any other delay provided for in the contract, plans, or specifications.
If it becomes necessary to suspend work for an indefinite period, the Contractor shall store all materials in such manner that they will not become an obstruction nor become damaged in any way. The Contractor shall take every precaution to prevent damage or deterioration of the work performed and provide for normal drainage of the work. The Contractor shall erect temporary structures where necessary to provide for traffic on, to, or from the airport.
80-07 Determination and extension of contract time. The number of working days shall be stated in the proposal and contract and shall be known as the Contract Time.
If the contract time requires extension for reasons beyond the Contractor’s control, it shall be adjusted as follows:
80-07.1 Contract time based on working days. Contract time based on working days shall be calculated weekly by the Resident Project Representative (RPR). The RPR will furnish the Contractor a copy of their weekly statement of the number of working days charged against the contract time during the week and the number of working days currently specified for completion of the contract (the original contract time plus the number of working days, if any, that have been included in approved Change Orders or Supplemental Agreements covering Extra Work).
The weekly statement of contract time charged is based on the following considerations:
(1) Time will be charged for days on which the Contractor could proceed with scheduled work under construction at the time for at least six (6) hours with the normal work force employed on such items.
When normal work force is a double -shift, use 12 hours; and when the normal work force is on a triple - shift, use 18 hours. Conditions beyond the Contractor’s control such as strikes, lockouts, unusual delays in transportation, temporary suspension of the scheduled work items under construction or temporary suspension of the entire work which have been ordered by the Owner for reasons not the fault of the Contractor, shall not be charged against the contract time. (2) The RPR will not make charges against the contract time prior to the effective date of the notice to proceed.
(3) The RPR will begin charges against the contract time on the first working day after the effective date of the notice to proceed.
(4) The RPR will not make charges against the contract time after the date of final acceptance as defined in Section 50, paragraph 50-14, Final Acceptance.
Section 80 Execution and Progress GP-36
(5) The Contractor will be allowed one (1) week in which to file a written protest setting forth their own objections to the RPR’s weekly statement. If no objection is filed within such specified time, the weekly statement shall be considered as acceptable to the Contractor.
The contract time (stated in the proposal) is based on the originally estimated quantities as described in the Section 20, paragraph 20-05, Interpretation of Estimated Proposal Quantities. Should the satisfactory completion of the contract require performance of work in greater quantities than those estimated in the proposal, the contract time shall be increased in the same proportion as the cost of the actually completed quantities bears to the cost of the originally estimated quantities in the proposal. Such increase in contract time shall not consider either the cost of work or the extension of contract time that has been covered by change order or supplemental agreement and shall be made at the time of final payment. 80-08 Failure to complete on time. For each calendar day or working day, as specified in the contract, that any work remains uncompleted after the contract time (including all extensions and adjustments as provided in paragraph 80-07, Determination and Extension of Contract Time) the sum specified in the contract and proposal as liquidated damages (LD) will be deducted from any money due or to become due the Contractor or their own surety. Such deducted sums shall not be deducted as a penalty but shall be considered as liquidation of a reasonable portion of damages including but not limited to additional engineering services that will be incurred by the Owner should the Contractor fail to complete the work in the time provided in their contract.
Schedule
Liquidated Damages
Cost
Allowed Construction
Time
Total $3,000/calendar day 10 Working Days
Completion Date $5,000/calendar day Total Project Complete by December 31, 2025
The maximum construction time allowed for the total project shall be not more than 10 working days. The contractor shall complete all work to the satisfaction of the Kings County Environmental Health Department prior to December 31, 2025. Permitting the Contractor to continue and finish the work or any part of it after the time fixed for its completion, or after the date to which the time for completion may have been extended, will in no way operate as a wavier on the part of the Owner of any of its rights under the contract. 80-09 Default and termination of contract. The Contractor shall be considered in default of their contract and such default will be considered as cause for the Owner to terminate the contract for any of the following reasons, if the Contractor:
a. Fails to begin the work under the contract within the time specified in the Notice to Proceed, or b. Fails to perform the work or fails to provide sufficient workers, equipment and/or materials to assure completion of work in accordance with the terms of the contract, or c. Performs the work unsuitably or neglects or refuses to remove materials or to perform anew such work as may be rejected as unacceptable and unsuitable, or d. Discontinues the execution of the work, or
e. Fails to resume work which has been discontinued within a reasonable time after notice to do so, or f. Becomes insolvent or is declared bankrupt, or commits any act of bankruptcy or insolvency, or g. Allows any final judgment to stand against the Contractor unsatisfied for a period of 10 days, or h. Makes an assignment for the benefit of creditors, or i. For any other cause whatsoever, fails to carry on the work in an acceptable manner.
Section 80 Execution and Progress GP-37
Should the Owner consider the Contractor in default of the contract for any reason above, the Owner shall immediately give written notice to the Contractor and the Contractor’s surety as to the reasons for considering the Contractor in default and the Owner’s intentions to terminate the contract.
If the Contractor or surety, within a period of 10 days after such notice, does not proceed in accordance therewith, then the Owner will, upon written notification from the RPR of the facts of such delay, neglect, or default and the Contractor’s failure to comply with such notice, have full power and authority without violating the contract, to take the execution of the work out of the hands of the Contractor. The Owner may appropriate or use any or all materials and equipment that have been mobilized for use in the work and are acceptable and may enter into an agreement for the completion of said contract according to the terms and provisions thereof, or use such other methods as in the opinion of the RPR will be required for the completion of said contract in an acceptable manner.
All costs and charges incurred by the Owner, together with the cost of completing the work under contract, will be deducted from any monies due or which may become due the Contractor. If such expense exceeds the sum which would have been payable under the contract, then the Contractor and the surety shall be liable and shall pay to the Owner the amount of such excess. 80-10 Termination for national emergencies. The Owner shall terminate the contract or portion thereof by written notice when the Contractor is prevented from proceeding with the construction contract as a direct result of an Executive Order of the President with respect to the execution of war or in the interest of national defense.
When the contract, or any portion thereof, is terminated before completion of all items of work in the contract, payment will be made for the actual number of units or items of work completed at the contract price or as mutually agreed for items of work pa rtially completed or not started. No claims or loss of anticipated profits shall be considered.
Reimbursement for organization of the work, and other overhead expenses, (when not otherwise included in the contract) and moving equipment and materials to and from the job will be considered, the intent being that an equitable settlement will be made with the Contractor.
Acceptable materials, obtained or ordered by the Contractor for the work and that are not incorporated in the work shall, at the option of the Contractor, be purchased from the Contractor at actual cost as shown by receipted bills and actual cost records at such points of delivery as may be designated by the RPR.
Termination of the contract or a portion thereof shall neither relieve the Contractor of their responsibilities for the completed work nor shall it relieve their surety of its obligation for and concerning any just claim arising out of the work performed.
80-11 Work area, storage area and sequence of operations. The Contractor shall obtain approval from the RPR prior to beginning any work in all areas of the airport. No operating runway, taxiway, or air operations area (AOA) shall be crossed, entered, or obstructed while it is operational. The Contractor shall plan and coordinate work in accordance with the approved CSPP and SPCD.
END OF SECTION 80
Section 80 Execution and Progress GP-38
Section 90 Measurement and Payment
90-01 Measurement of quantities. All work completed under the contract will be measured by the RPR, or their authorized representatives, using United States Customary Units of Measurement.
The method of measurement and computations to be used in determination of quantities of material furnished and of work performed under the contract will be those methods generally recognized as conforming to good engineering practice.
Unless otherwise specified, longitudinal measurements for area computations will be made horizontally, and no deductions will be made for individual fixtures (or leave-outs) having an area of 9 square feet (0.8 square meters) or less. Unless otherwise specified, transverse measurements for area computations will be the neat dimensions shown on the plans or ordered in writing by the RPR.
Unless otherwise specified, all contract items which are measured by the linear foot such as electrical ducts, conduits, pipe culverts, underdrains, and similar items shall be measured parallel to the base or foundation upon which such items are placed.
The term “lump sum” when used as an item of payment will mean complete payment for the work described in the contract. When a complete structure or structural unit (in effect, “lump sum” work) is specified as the unit of measurement, the unit will be construed to include all necessary fittings and accessories.
When requested by the Contractor and approved by the RPR in writing, material specified to be measured by the cubic yard (cubic meter) may be weighed, and such weights will be converted to cubic yards (cubic meters) for payment purposes. Factors for conver sion from weight measurement to volume measurement will be determined by the RPR and shall be agreed to by the Contractor before such method of measurement of pay quantities is used.
Measurement and Payment Terms
Term Description
Excavation and
Embankment
Volume
In computing volumes of excavation, the average end area method will be used unless otherwise specified.
Measurement and
Proportion by
Weight
The term “ton” will mean the short ton consisting of 2,000 pounds (907 km) avoirdupois.
All materials that are measured or proportioned by weights shall be weighed on accurate, independently certified scales by competent, qualified personnel at locations designated by the RPR. If material is shipped by rail, the car weight may be accepted provided that only the actual weight of material is paid for. However, car weights will not be acceptable for material to be passed through mixing plants. Trucks used to haul material being paid for by weight shall be weighed empty daily at such times as the RPR directs, and each truck shall bear a plainly legible identification mark.
Measurement by
Volume
Materials to be measured by volume in the hauling vehicle shall be hauled in approved vehicles and measured therein at the point of delivery. Vehicles for this purpose may be of any size or type acceptable for the materials hauled, provided that the body is of such shape that the actual contents may be readily and accurately determined. All vehicles shall
Section 80 Execution and Progress GP-39
Term Description
be loaded to at least their water level capacity, and all loads shall be leveled when the vehicles arrive at the point of delivery.
Structure Structures will be measured according to neat lines shown on the plans or as altered to fit field conditions.
Miscellaneous Items When standard manufactured items are specified such as fence, wire, plates, rolled shapes, pipe conduit, etc., and these items are identified by gauge, unit weight, section dimensions, etc., such identification will be considered to be nominal weights or d imensions. Unless more stringently controlled by tolerances in cited specifications, manufacturing tolerances established by the industries involved will be accepted.
Scales Scales must be tested for accuracy and serviced before use. Scales for weighing materials which are required to be proportioned or measured and paid for by weight shall be furnished, erected, and maintained by the Contractor, or be certified permanently installed commercial scales. Platform scales shall be installed and maintained with the platform level and rigid bulkheads at each end.
Scales shall be accurate within 0.5% of the correct weight throughout the range of use.
The Contractor shall have the scales checked under the observation of the RPR before beginning work and at such other times as requested. The intervals shall be uniform in spacing throughout the graduated or marked length of the beam or dial and shall not exceed
0.1% of the nominal rated capacity of the scale, but not less than one pound (454 grams).
The use of spring balances will not be permitted.
In the event inspection reveals the scales have been “overweighing” (indicating more than correct weight) they will be immediately adjusted. All materials received subsequent to the last previous correct weighting-accuracy test will be reduced by the percentage of error in excess of 0.5%.
In the event inspection reveals the scales have been under -weighing (indicating less than correct weight), they shall be immediately adjusted. No additional payment to the Contractor will be allowed for materials previously weighed and recorded.
Beams, dials, platforms, and other scale equipment shall be so arranged that the operator and the RPR can safely and conveniently view them.
Scale installations shall have available ten standard 50-pound (2.3 km) weights for testing the weighing equipment or suitable weights and devices for other approved equipment.
All costs in connection with furnishing, installing, certifying, testing, and maintaining scales; for furnishing check weights and scale house; and for all other items specified in this subsection, for the weighing of materials for proportioning or payment , shall be
included in the unit contract prices for the various items of the project.
Rental Equipment Rental of equipment will be measured by time in hours of actual working time and necessary traveling time of the equipment within the limits of the work. Special equipment ordered in connection with extra work will be measured as agreed in the change order or supplemental agreement authorizing such work as provided in paragraph 90- 05 Payment for Extra Work.
Pay Quantities When the estimated quantities for a specific portion of the work are designated as the pay quantities in the contract, they shall be the final quantities for which payment for such specific portion of the work will be made, unless the dimensions of said portions of the work shown on the plans are revised by the RPR. If revised dimensions result in an increase
Section 80 Execution and Progress GP-40
Term Description
or decrease in the quantities of such work, the final quantities for payment will be revised in the amount represented by the authorized changes in the dimensions. 90-02 Scope of payment . The Contractor shall receive and accept compensation provided for in the contract as full payment for furnishing all materials, for performing all work under the contract in a complete and acceptable manner, and for all risk, loss, damage, or expense of whatever character arising out of the nature of the work or the execution thereof, subject to the provisions of Section 70, paragraph 70-18, No Waiver of Legal Rights.
When the “basis of payment” subsection of a technical specification requires that the contract price (price bid) include compensation for certain work or material essential to the item, this same work or material will not also be measured for payment under any other contract item which may appear elsewhere in the contract, plans, or specifications.
90-03 Compensation for altered quantities . When the accepted quantities of work vary from the quantities in the proposal, the Contractor shall accept as payment in full, so far as contract items are concerned, payment at the original contract price for the accepted quantities of work actually com pleted and accepted. No allowance, except as provided for in Section 40, paragraph 40-02, Alteration of Work and Quantities, will be made for any increased expense, loss of expected reimbursement, or loss of anticipated profits suffered or claimed by the Contractor which results directly from such alterations or indirectly from their own unbalanced allocation of overhead and profit among the contract items, or from any other cause. 90-04 Payment for omitted items. As specified in Section 40, paragraph 40- 03, Omitted Items, the RPR shall have the right to omit from the work (order nonperformance) any contract item, except major contract items, in the best interest of the Owner.
Should the RPR omit or order nonperformance of a contract item or portion of such item from the work, the Contractor shall accept payment in full at the contract prices for any work actually completed and acceptable prior to the RPR’s order to omit or non-perform such contract item.
Acceptable materials ordered by the Contractor or delivered on the work prior to the date of the RPR’s order will be paid for at the actual cost to the Contractor and shall thereupon become the property of the Owner.
In addition to the reimbursement hereinbefore provided, the Contractor shall be reimbursed for all actual costs incurred for the purpose of performing the omitted contract item prior to the date of the RPR’s order.
Such additional costs incurred by the Con tractor must be directly related to the deleted contract item and shall be supported by certified statements by the Contractor as to the nature the amount of such costs. 90-05 Payment for extra work. Extra work, performed in accordance with Section 40, paragraph 40- 04, Extra Work , will be paid for at the contract prices or agreed prices specified in the change order or supplemental agreement authorizing the extra work.
90-06 Partial payments. Partial payments will be made to the Contractor at least once each month as the work progresses. Said payments will be based upon estimates, prepared by the RPR, of the value of the work performed and materials complete and in place, in accordance with t he contract, plans, and specifications. Such partial payments may also include the delivered actual cost of those materials stockpiled and stored in accordance with paragraph 90- 07, Payment for Materials on Hand . No partial payment will be made when the amount due to the Contractor since the last estimate amounts to less than five hundred dollars.
The Owner may hold retainage from prime Contractors and provide for prompt and regular incremental acceptances of portions of the prime contract, pay retainage to prime Contractors based on these acceptances, and require a contract clause obligating the prime Contractor to pay all retainage owed to the
Section 80 Execution and Progress GP-41
subcontractor for satisfactory completion of the accepted work within 30 days after the Owner’s payment to the prime Contractor. If Option 3 is selected, the percent withheld may range from 0% to 10% but in no case may it exceed 10%. When establishing a su itable retainage value that protects the Owner’s interests, give consideration that the performance and payment bonds also provide similar protection of Owner interests. Owner may elect to incrementally release retainage if owner is satisfied its interest with completion of the project are protected in an adequate manner. If Option 3 is selected, insert the following clause and specify a suitable value where indicated:
a. From the total of the amount determined to be payable on a partial payment, five (5) percent of such total amount will be deducted and retained by the Owner for protection of the Owner’s interests.
Unless otherwise instructed by the Owner, the amount retained by the Owner will be in effect until the final payment is made except as follows:
(1) Contractor may request release of retainage on work that has been partially accepted by the Owner in accordance with Section 50- 14. Contractor must provide a certified invoice to the RPR that supports the value of retainage held by the Owner for partially accepted work. (2) In lieu of retainage, the Contractor may exercise at its option the establishment of an escrow account per paragraph 90-08.
b. The Contractor is required to pay all subcontractors for satisfactory performance of their contracts no later than 30 days after the Contractor has received a partial payment. Contractor must provide the Owner evidence of prompt and full payment of ret ainage held by the prime Contractor to the subcontractor within 30 days after the subcontractor’s work is satisfactorily completed. A subcontractor’s work is satisfactorily completed when all the tasks called for in the subcontract have been accomplished and documented as required by the Owner. When the Owner has made an incremental acceptance of a portion of a prime contract, the work of a subcontractor covered by that acceptance is deemed to be satisfactorily completed.
c. When at least 95% of the work has been completed to the satisfaction of the RPR, the RPR shall, at the Owner’s discretion and with the consent of the surety, prepare estimates of both the contract value and the cost of the remaining work to be done. The Owner may retain an amount not less than twice the contract value or estimated cost, whichever is greater, of the work remaining to be done. The remainder, less all previous payments and deductions, will then be certified for payment to the Contractor.
It is understood and agreed that the Contractor shall not be entitled to demand or receive partial payment based on quantities of work in excess of those provided in the proposal or covered by approved change orders or supplemental agreements, except when such excess quantities have been determined by the RPR to be a part of the final quantity for the item of work in question.
No partial payment shall bind the Owner to the acceptance of any materials or work in place as to quality or quantity. All partial payments are subject to correction at the time of final payment as provided in paragraph 90-09, Acceptance and Final Payment.
The Contractor shall deliver to the Owner a complete release of all claims for labor and material arising out of this contract before the final payment is made. If any subcontractor or supplier fails to furnish such a release in full, the Contractor may furnish a bond or other collateral satisfactory to the Owner to indemnify the Owner against any potential lien or other such claim. The bond or collateral shall include all costs, expenses, and attorney fees the Owner may be compelled to pay in discharging any such lien or claim. 90-07 Payment for materials on hand. Partial payments may be made to the extent of the delivered cost of materials to be incorporated in the work, provided that such materials meet the requirements of the contract, plans, and specifications and are delivered to acceptable sites on the airpor t property or at other sites in the vicinity that are acceptable to the Owner. Such delivered costs of stored or stockpiled materials may be included in the next partial payment after the following conditions are met:
Section 80 Execution and Progress GP-42
a. The material has been stored or stockpiled in a manner acceptable to the RPR at or on an approved site.
b. The Contractor has furnished the RPR with acceptable evidence of the quantity and quality of such stored or stockpiled materials.
c. The Contractor has furnished the RPR with satisfactory evidence that the material and transportation costs have been paid.
d. The Contractor has furnished the Owner legal title (free of liens or encumbrances of any kind) to the material stored or stockpiled.
e. The Contractor has furnished the Owner evidence that the material stored or stockpiled is insured against loss by damage to or disappearance of such materials at any time prior to use in the work.
It is understood and agreed that the transfer of title and the Owner’s payment for such stored or stockpiled materials shall in no way relieve the Contractor of their responsibility for furnishing and placing such materials in accordance with the requirements of the contract, plans, and specifications.
In no case will the amount of partial payments for materials on hand exceed the contract price for such materials or the contract price for the contract item in which the material is intended to be used.
No partial payment will be made for stored or stockpiled living or perishable plant materials.
The Contractor shall bear all costs associated with the partial payment of stored or stockpiled materials in accordance with the provisions of this paragraph.
90-08 Payment of withheld funds . At the Contractor’s option, if an Owner withholds retainage in accordance with the methods described in paragraph 90 -06 Partial Payments, the Contractor may request that the Owner deposit the retainage into an escrow account. The Owner’s deposit of retainage into an escrow account is subject to the following conditions:
a. The Contractor shall bear all expenses of establishing and maintaining an escrow account and escrow agreement acceptable to the Owner.
b. The Contractor shall deposit to and maintain in such escrow only those securities or bank certificates of deposit as are acceptable to the Owner and having a value not less than the retainage that would otherwise be withheld from partial payment.
c. The Contractor shall enter into an escrow agreement satisfactory to the Owner. d. The Contractor shall obtain the written consent of the surety to such agreement. 90-09 Acceptance and final payment. When the contract work has been accepted in accordance with the requirements of Section 50, paragraph 50-15, Final Acceptance, the RPR will prepare the final estimate of the items of work actually performed. The Contractor shall approve the RPR’s final estimate or advise the RPR of the Contractor’s objections to the final estimate which are based on disputes in measurements or computations of the final quantities to be paid under the contract as amended by change order or supplemental agreement. The Contractor and the RPR shall resolve all disputes (if any) in the measurement and computation of final quantities to be paid within 30 calendar days of the Contractor’s receipt of the RPR’s final estimate. If, after such 30 -day period, a dispute still exists, the Contractor may approve the RPR’s estimate under protest of the quantities in dispute, and such disputed quantities shall be considered by the Owner as a claim in accordance with Section 50, paragraph 50- 16, Claims for Adjustment and Disputes.
After the Contractor has approved, or approved under protest, the RPR’s final estimate, and after the RPR’s receipt of the project closeout documentation required in paragraph 90- 11, Contractor Final Project Documentation, final payment will be processed based on the entire sum, or the undisputed sum in case of approval under protest, determined to be due the Contractor less all previous payments and all amounts to
Section 80 Execution and Progress GP-43
be deducted under the provisions of the contract. All prior partial estimates and payments shall be subject to correction in the final estimate and payment.
If the Contractor has filed a claim for additional compensation under the provisions of Section 50, paragraph 50-16, Claims for Adjustments and Disputes, or under the provisions of this paragraph, such claims will be considered by the Owner in accordance with local laws or ordinances. Upon final adjudication of such claims, any additional payment determined to be due the Contractor will be paid pursuant to a supplemental final estimate.
90-10 Construction warranty.
a. In addition to any other warranties in this contract, the Contractor warrants that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, workmanship, or design furnished, or performed by the Contractor or any subcontractor or supplier at any tier.
b. This warranty shall continue for a period of one year from the date of final acceptance of the work, except as noted. If the Owner takes possession of any part of the work before final acceptance, this warranty shall continue for a period of one year from the date the Owner takes possession. However, this will not relieve the Contractor from corrective items required by the final acceptance of the project work. Light Emitting Diode emitting diode (LED) light fixtures with the exception of obstruction li ghting, must be warranted by the manufacturer for a minimum of four (4) years after date of installation inclusive of all electronics.
c. The Contractor shall remedy at the Contractor’s expense any failure to conform, or any defect. In addition, the Contractor shall remedy at the Contractor’s expense any damage to Owner real or personal property, when that damage is the result of the Contractor’s failure to conform to contract requirements; or any defect of equipment, material, workmanship, or design furnished by the Contractor. d. The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause.
The Contractor’s warranty with respect to work repaired or replaced will run for one year from the date of repair or replacement.
e. The Owner will notify the Contractor, in writing, within seven (7) days after the discovery of any failure, defect, or damage.
f. If the Contractor fails to remedy any failure, defect, or damage within 14 days after receipt of notice, the Owner shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor’s expense.
g. With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall: (1) Obtain all warranties that would be given in normal commercial practice; (2) Require all warranties to be executed, in writing, for the benefit of the Owner, as directed by the Owner, and (3) Enforce all warranties for the benefit of the Owner.
h. This warranty shall not limit the Owner’s rights with respect to latent defects, gross mistakes, or fraud.
90-11 Contractor Final Project Documentation. Approval of final payment to the Contractor is contingent upon completion and submittal of the items listed below. The final payment will not be approved until the RPR approves the Contractor’s final submittal. The Contractor shall:
a. Provide two (2) copies of all manufacturers warranties specified for materials, equipment, and installations.
b. Provide weekly payroll records (not previously received) from the general Contractor and all subcontractors.
Section 80 Execution and Progress GP-44
c. Complete final cleanup in accordance with Section 40, paragraph 40-08, Final Cleanup. d. Complete all punch list items identified during the Final Inspection. e. Provide complete release of all claims for labor and material arising out of the Contract. f. Provide a certified statement signed by the subcontractors, indicating actual amounts paid to the Disadvantaged Business Enterprise (DBE) subcontractors and/or suppliers associated with the project. g. When applicable per state requirements, return copies of sales tax completion forms. h. Manufacturer's certifications for all items incorporated in the work. i. All required record drawings, as-built drawings or as-constructed drawings. j. Project Operation and Maintenance (O&M) Manual(s).
k. Security for Construction Warranty.
l. Equipment commissioning documentation submitted, if required.
END OF SECTION 90
PART B – GENERAL
CONSTRUCTION ITEMS
Item C-102 Temporary Air and Water Pollution, Soil Erosion, and Siltation Control GC-1 Division II – General Provisions
Part B - General Construction Items
Item C-102 Temporary Air and Water Pollution, Soil Erosion, and Siltation Control
DESCRIPTION
102-1. This item shall consist of temporary control measures as shown on the plans or as ordered by the Resident Project Representative (RPR) during the life of a contract to control pollution of air and water, soil erosion, and siltation through the use of sil t fences, berms, dikes, dams, sediment basins, fiber mats, gravel, mulches, grasses, slope drains, and other erosion control devices or methods.
Temporary erosion control shall be in accordance with the approved erosion control plan; the approved Construction Safety and Phasing Plan (CSPP) and AC 150/5370-2, Operational Safety on Airports During Construction. The temporary erosion control measures contained herein shall be coordinated with the permanent erosion control measures specified as part of this contract to the extent practical to assure economical, effective, and continuous erosion control throughout the construction period.
Temporary control may include work outside the construction limits such as borrow pit operations, equipment and material storage sites, waste areas, and temporary plant sites.
Temporary control measures shall be designed, installed and maintained to minimize the creation of wildlife attractants that have the potential to attract hazardous wildlife on or near public-use airports.
MATERIALS
102-2.1 Grass. Grass that will not compete with the grasses sown later for permanent cover per Item T-901 shall be a quick-growing species (such as ryegrass, Italian ryegrass, or cereal grasses) suitable to the area providing a temporary cover. Selected grass species shall not create a wildlife attractant. 102-2.2 Mulches. Mulches may be hay, straw, fiber mats, netting, bark, wood chips, or other suitable material reasonably clean and free of noxious weeds and deleterious materials per Item T -908. Mulches shall not create a wildlife attractant.
102-2.3 Fertilizer. Fertilizer shall be a standard commercial grade and shall conform to all federal and state regulations and to the standards of the Association of Official Agricultural Chemists. 102-2.4 Slope drains. Slope drains may be constructed of pipe, fiber mats, rubble, concrete, asphalt, or other materials that will adequately control erosion.
102-2.5 Silt fence. Silt fence shall consist of polymeric filaments which are formed into a stable network such that filaments retain their relative positions. Synthetic filter fabric shall contain ultraviolet ray inhibitors and stabilizers to provide a minimum of six months of expected usable construction life. Silt fence shall meet the requirements of ASTM D6461.
102-2.6 Other. All other materials shall meet commercial grade standards and shall be approved by the RPR before being incorporated into the project.
Item C-102 Temporary Air and Water Pollution, Soil Erosion, and Siltation Control GC-2
CONSTRUCTION REQUIREMENTS
102-3.1 General. In the event of conflict between these requirements and pollution control laws, rules, or regulations of other federal , state, or local agencies, the more restrictive laws, rules, or regulations shall apply.
The RPR shall be responsible for assuring compliance to the extent that construction practices, construction operations, and construction work are involved.
102-3.2 Schedule. Prior to the start of construction, the Contractor shall submit schedules in accordance with the approved Construction Safety and Phasing Plan (CSPP) and the plans for accomplishment of temporary and permanent erosion control work for clearing and grubbing; grading; construction; paving; and structures at watercourses. The Contractor shall also submit a proposed method of erosion and dust control on haul roads and borrow pits and a plan for disposal of waste materials. Work shall not be started until the erosion control schedules and methods of operation for the applicable construction have been accepted by the RPR.
102-3.3 Construction details. The Contractor will be required to incorporate all permanent erosion control features into the project at the earliest practicable time as outlined in the plans and approved CSPP. Except where future construction operations will damage slopes, the Contrac tor shall perform the permanent seeding and mulching and other specified slope protection work in stages, as soon as substantial areas of exposed slopes can be made available. Temporary erosion and pollution control measures wi ll be used to correct conditions that develop during construction that were not foreseen during the design stage; that are needed prior to installation of permanent control features; or that are needed temporarily to control erosion that develops during normal construction practices, but are not associated with permanent control features on the project.
Where erosion may be a problem, schedule and perform clearing and grubbing operations so that grading operations and permanent erosion control features can follow immediately if project conditions permit.
Temporary erosion control measures are required if permanent measures cannot immediately follow grading operations. The RPR shall limit the area of clearing and grubbing, excavation, borrow, and embankment operations in progress, commensurate with the Contractor’s capability and progress in keeping the finish grading, mulching, seeding, and other such permanent control measures current with the accepted schedule. If seasonal limitations make such coordination unrealistic, temporary erosion control measures shall be taken immediately to the extent feasible and justified as directed by the RPR.
The Contractor shall provide immediate permanent or temporary pollution control measures to minimize contamination of adjacent streams or other watercourses, lakes, ponds, or other areas of water impoundment as directed by the RPR. If temporary erosion and pollution control measures are required due to the Contractor’s negligence, carelessness, or failure to install permanent controls as a part of the work as scheduled or directed by the RPR, the work shall be performed by the Contractor and the cost shall be incidental to this item.
The RPR may increase or decrease the area of erodible earth material that can be exposed at any time based on an analysis of project conditions.
The erosion control features installed by the Contractor shall be maintained by the Contractor during the construction period.
Provide temporary structures whenever construction equipment must cross watercourses at frequent intervals. Pollutants such as fuels, lubricants, bitumen, raw sewage, wash water from concrete mixing operations, and other harmful materials shall not be discharged into any waterways, impoundments or into natural or manmade channels.
102-3.4 Installation, maintenance and removal of silt fence. Silt fences shall extend a minimum of 16 inches (41 cm) and a maximum of 34 inches (86 cm) above the ground surface. Posts shall be set no more
Item C-102 Temporary Air and Water Pollution, Soil Erosion, and Siltation Control GC-3 than 10 feet (3 m) on center. Filter fabric shall be cut from a continuous roll to the length required minimizing joints where possible. When joints are necessary, the fabric shall be spliced at a support post with a minimum 12-inch (300-mm) overlap and securely sealed. A trench shall be excavated approximately 4 inches (100 mm) deep by 4 inches (100 mm) wide on the upslope side of the silt fence. The trench shall be backfilled and the soil compacted over the silt fence fabric. The Contractor shall remove and dispose of silt that accumulates during construction and prior to establishment of permanent erosion control. The fence shall be maintained in good working condition until permanent erosion control is established. Silt fence shall be removed upon approval of the RPR.
METHOD OF MEASUREMENT
102-4.1 Not applicable.
102-4.2 Control work performed for protection of construction areas outside the construction limits, such as borrow and waste areas, haul roads, equipment and material storage sites, and temporary plant sites, will not be measured and paid for directly but shall be considered as a subsidiary obligation of the Contractor.
BASIS OF PAYMENT
102-5.1 Where other directed work falls within the specifications for a work item that has a contract price, the units of work shall be measured and paid for at the contract unit price bid for the various items.
Temporary control features not covered by contract items that are ordered by the RPR will be paid for in accordance with Section 90, paragraph 90-05 Payment for Extra Work.
REFERENCES
The publications listed below form a part of this specification to the extent referenced. The publications are referred to within the text by the basic designation only.
Advisory Circulars (AC)
AC 150/5200-33 Hazardous Wildlife Attractants on or Near Airports AC 150/5370-2 Operational Safety on Airports During Construction ASTM International (ASTM)
ASTM D6461 Standard Specification for Silt Fence Materials United States Department of Agriculture (USDA)
FAA/USDA Wildlife Hazard Management at Airports, A Manual for Airport Personnel END OF ITEM C-102
Item C-105 – Mobilization GC-4
Item C-105 Mobilization
105-1 Description. This item of work shall consist of, but is not limited to, work and operations necessary for the movement of personnel, equipment, material and supplies to and from the project site for work on the project except as provided in the contract as separate pay items. 105-2 Mobilization limit. Mobilization shall be limited to 10 percent of the total project cost. 105-3 Posted notices. Prior to commencement of construction activities, the Contractor must post the following documents in a prominent and accessible place where they may be easily viewed by all employees of the prime Contractor and by all employees of subcontractors engaged by the prime Contractor: Equal Employment Opportunity (EEO) Poster “Equal Employment Opportunity is the Law” in accordance with the Office of Federal Contract Compliance Programs Executive Order 11246, as amended; Davis Bacon Wage Pos ter (WH 1321) - DOL “Notice to All Employees” Poster; and Applicable Davis - Bacon Wage Rate Determination. These notices must remain posted until final acceptance of the work by the Owner.
105-4 Engineer/RPR field office. An Engineer/RPR field office is not required.
METHOD OF MEASUREMENT
105-5 Basis of measurement and payment. Based upon the contract lump sum price for “Mobilization” partial payments will be allowed as follows:
a. With first pay request, 25%.
b. When 25% or more of the original contract is earned, an additional 25%. c. When 50% or more of the original contract is earned, an additional 40%. d. After Final Inspection, Staging area clean- up and delivery of all Project Closeout materials as required by Section 90, paragraph 90-11, Contractor Final Project Documentation, the final 10%.
BASIS OF PAYMENT
105-6 Payment will be made under:
Item C-105 Mobilization - Lump Sum
Item C-105 – Mobilization GC-5
REFERENCES
The publications listed below form a part of this specification to the extent referenced. The publications are referred to within the text by the basic designation only.
Office of Federal Contract Compliance Programs (OFCCP)
Executive Order 11246, as amended
EEOC-P/E-1 – Equal Employment Opportunity is the Law Poster United States Department of Labor, Wage and Hour Division (WHD) WH 1321 – Employee Rights under the Davis-Bacon Act Poster END OF ITEM C-105
Item C-106 – Marking & Lighting of Closed Airport Facilities GC-6 ITEM C-106 MARKING AND LIGHTING OF CLOSED
AIRPORT FACILITIES
Description
106-1.0 GENERAL. The construction of this project requires certain areas of the airfield to be closed to aircraft and operational traffic. Closure of these areas must be in accordance with construction plans. Marking of closed airfield facilities, temporary facilities, and contractor haul routes must be in accordance with these specifications and F.A.A. Advisory Circulars No. 150/5340 -1, current edition, "Standards for Airport Markings", 150/5370-2, current edition, “Operational Safety on Airports During Construction” a nd the Construction Safety and Phasing Plan.
The airport will not be closed during construction of this project and aircraft operations on the open runway, taxiways, aprons and, taxilanes must be allowed and protected.
All existing runway lights, taxiway lights, NAVAIDs and all power, control, and communication cables must be maintained in operation at all times for those facilities which are not closed under this contract.
Closed Airport Facility Marking
106-2.1 BARRICADES. Any area that is closed for aircraft or vehicular traffic must have lighted barricades placed across the pavement as shown on the plans. These barricades must be maintained in good condition at all times during the closure or they must be repaired or replaced as directed by the Engineer.
In accordance with the Construction Safety and Phasing Plan, the Contractor must designate haul roads to construction areas and block access to construction areas by use of suitable lighted barricades. On all airfield pavement, no part of the barricade or light must extend ten (10) inches above the paved surface. Maximum spacing between barricades must be four (4) feet. Each barricade must have two solar-powered lights with red lenses each controlled by photocells such that they are on at night and off during the day. Barricades must be painted alternate orange and white diagonal striping. These lighted barricades must remain in place until such time as the new construction is open to traffic.
The Contractor must furnish, place, and maintain all barricades and flashing units for this project. Contractor must supply batteries, sand bags and all maintenance for the barricades.
Barricades must be securely fastened or weighted so that they will not be disturbed by high winds or jet blast.
Barricades must be located as shown on the plans and as directed by the Resident Project Representative (RPR).
At the completion of the project, all barricades must be drained of water and removed from the site.
106-2.2 AIRFIELD GUIDANCE SIGN COVERS. Not applicable.
106-2.3 RUNWAY CLOSURE MARKERS. Not applicable.
Method of Measurement
106-3.1 Method of measurement for marking and lighting of closed Airport facilities will be Lump Sum.
Item C-106 – Marking & Lighting of Closed Airport Facilities GC-7 Basis of Payment
106-4.1 Payment will be made at the contract lump sum price for marking and lighting of closed airport facilities.
This lump sum price will be full compensation for furnishing all labor, materials, tools, and incidentals necessary to perform this item of work including but not limited to furnishing, placing, maintaining, and removing barricades.
Payments will be made for marking and lighting of closed airport facilities on a monthly basis with the monthly progress payments. The percentage of marking and lighting of closed airport facilities payment made will be equal to the percentage of total project, completed, as determined by the Engineer.
Payment will be made under:
Item 106 – 4.1 Marking and Lighting of Closed Airport Facilities - Lump Sum
DIVISION III
SPECIAL CONDITIONS
Special Conditions Division III - Page SC-1
SPECIAL CONDITIONS
(1) LOCATION.
The site of the work is at Hanford Municipal Airport, Hanford, California. Prior to the submission of his bid, each bidder shall visit the site and acquaint himself with local conditions, including but not limited to roads available, source of materials, water, electric power, and the relation of the finished grade to the existing grade.
(2) WORK TO BE DONE.
The work to be done consists of furnishing all materials and equipment and performing all necessary labor in accordance with the prepared plans, specifications, and special provisions as directed by the City or its authorized representative, as follows:
• Closure of one 12,000- gallon Avgas tank, which is scheduled for decommissioning on Dec. 31, 2025. Demolition of the existing above ground fuel dispensers and miscellaneous equipment.
(3) PLANS AND SPECIFICATIONS.
The work shall conform to the plans and specifications marked, "Hanford Municipal Airport, Closure of Existing Underground Fuel Storage Tank"
In case of conflict between the plans, specifications and other contract documents, these documents shall govern in the following order:
1st Change Order or Supplemental Agreement
2nd Contract/Agreement
3rd Addenda to the Plans and Specifications
4th Bid Proposal
5th Technical Specifications
6th Special Conditions
7th Construction Plans
8th General Provisions
9th General Construction Items
10th State Standard Plans and Specifications
(4) LAWS TO BE OBSERVED
Contractor's attention is directed to, and Contractor shall be responsible for conducting the project in compliance with all laws of the State of California governing the construction of public works, including, without limitation, the following:
a. The California Health and Safety Code and all applicable administrative code regulations adopted pursuant thereto.
b. All laws governing the employment of labor, qualifications for employment of aliens, payment of employees, convict-made materials, domestic and foreign materials, and accident prevention.
Special Conditions Division III - Page SC-2
c. Title XIX of the California Code of Regulations entitled, "Public Safety," Chapter 1, State Fire Marshal, subchapter 1, "General Fire and Panic Safety".
d. General Industrial Safety Orders. Contractor, and all subcontractors, shall observe and conform to the provisions of Title VIII of the California Code of Regulations relating to safe and proper use, construction, disposal, etc., of materials, machinery, and building appurtenances as therein set forth.
e. Rules and regulations of local utilities.
f. Local City and/or County ordinances.
g. Code rules and safety orders. All work and materials shall be in full accordance with the latest rules and regulations of the State Fire Marshal; the National Board of Fire Underwriters; the National Electrical Code; State Industrial Accident Commissio n's Safety Orders; the safety orders of the Division of Industrial Safety; and Department of Industrial Relations.
h. The Contractor shall conform to the requirements of Section 4216 of the Government Code, as latest amended, relating to subsurface installations.
All of the above laws and regulations are expressly incorporated in this contract and are as much a part of the Contract Documents as if they were incorporated in their entirety in these general provisions.
Nothing in the specifications is to be construed to permit work not conforming to the above, and expense in compliance with the above work shall be borne by the Contractor. Whenever the specifications and working details require higher standards or larger sizes than those required by the ordinances, codes and statutes, the specifications and working details shall take priority over the ordinances, codes and statutes.
The Contractor shall not interpret the enumeration set forth above as being a complete listing of all applicable laws. It is the Contractor's responsibility to keep informed regarding the requirements of all applicable laws and to obey them, and Contractor agrees by execution of the Contract Documents to do so at his/her sole cost, expense, and risk.
All work, materials, work safety procedures and equipment shall be in full accordance with the latest Cal/OSHA rules and regulations.
Contractor warrants that Contractor and each of his/her subcontractors shall, in performance of this contract, comply with each and every compliance order issued pursuant to Cal/OSHA. The Contractor assumes full and total responsibility for compliance with Cal/OSHA standards by his/her subcontractors as well as by the Contractor. The cost of complying with any compliance order and/or payment of any penalty assessed pursuant to Cal/OSHA shall be borne by the Contractor. Contractor shall save, keep and hold harmless the Owner, and all officers, employees, and agents thereof, from all liabilities, costs, or expenses, in law or in equity, that may at any time arise or be set up because of Contractor's or a subcontractor's non-compliance or alleged non-compliance with Cal/OSHA requirements. Nothing contained herein shall be deemed to prevent the Contractor and his/her subcontractors from otherwise allocating between themselves responsibility for compliance with Cal/OSHA requirements; provided, however, that the Contractor shall not thereby be, in any manner whatsoever, relieved of his/her responsibility to the Owner as hereinabove set forth.
Special Conditions Division III - Page SC-3
(5) CALIFORNIA AIR RESOURCES BOARD (“CARB”) REGULATIONS
Contractor shall comply, and shall ensure all subcontractors comply, with all applicable requirements of the most current version of the regulations imposed by California Air Resources Board (“CARB”) including, without limitation, all applicable terms of Title 13, California Code of Regulations Division 3, Chapter 9 and all pending amendments (“Regulation”).
Throughout the Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor’s and its subcontractors’ fleets including, without limitation, the Certi ficates of Reported Compliance (“CRCs”), fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days’ notice from the District.
Contractor shall be solely liable for any and all costs associated with compliance with the Regulation as well as for any and all penalties, fines, damages, or costs associated with any and all violations, or failures to comply with the Regulation. Contractor shall defend, indemnify and hold harmless the District, its officials, officers, employees and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Regulation.
(6) LAWS AFFECTING PUBLIC WORKS
Attention to bidders is called to necessity of being familiar with the various Federal, state and local laws affecting public work, especially (but not limited to) those laws relating to hours of employment, minimum wages, payment of wages, sanitary and safety conditions for workers, worker's compensation insurance, type and kind of materials that can be used, non -discrimination in employment and affirmative action programs. Federal monies are to be utilized by Owner for this Project, and Contractor shall comply with applicable regulations and hold harmless the Owner for its failure to comply. Certain of those provisions are set forth herein. The existence of these provisions does not excuse the Contractor from complying with other statutory requirements or provisions which are not set forth in these contract documents.
(7) LIMITS OF CONSTRUCTION.
The Contractor's personnel and equipment shall be limited to the construction areas as shown on the plans and along the adjacent public areas by permission of the Resident Project Representative (RPR).
Contractor agrees to implement such security measures as are necessary to assure compliance with Federal Aviation Administration, State, and local airport regulations. Access to runways, taxiways and aircraft parking aprons for any reasons other than construction will not be permitted.
(8) PROGRESS OF WORK AND TIME OF COMPLETION.
Contract Time: The contract time for the completion of the total project shall be 10 working days All work covered by this contract including inspection and approval shall be completed within the working days allowed from the date of written notice by the City to begin work. The counting of working days shall begin the first working day following receipt of Notice to Proceed issued by the Owner, but no later than ten (10) working days after receipt of Notice to Proceed.
The contractor shall complete all work to the satisfaction of the Kings County Environmental Health Department prior to December 31, 2025.
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Before beginning any work on this project, the Contractor shall prepare and submit for approval a detailed scheduling plan and staging plan showing time and type of work to be performed.
If said Contractor shall be delayed in said work by the acts or neglect of said Owner, or its employees, or those under it by contract or otherwise, or by changes ordered in the work, or by strike, lockouts, fire, unusual delay in transportation, unavoidable casualties or any causes beyond the Contractor's control, or by delay authorized by the Owner, or by any cause which the Owner shall decide to justify the delay, then the time of completion shall be extended for such reasonable time as the Owner agrees to in writing.
This article does not exclude the recovery of damages for delay by either party under other provisions in the Contract Documents.
(9) LIQUIDATED DAMAGES.
Liquidated damages will be charged against the Contractor in the amount of Three Thousand Dollars ($3,000) per day for each consecutive calendar day after the specified construction time that the Contractor uses to complete the project. In determining the number of days the contract, or portions thereof, remain incomplete, the completion date shall be the date of recommendation of acceptance of work and materials by the RPR.
The contractor shall complete all work to the satisfaction of the Kings County Environmental Health Department prior to December 31, 2025. If the contractor refuses or fails to complete this work prior to December 31, 2025, there shall be deducted from monies due the Contractor, not as a penalty, but as liquidated damages, the sum of Five Thousand Dollars ($5,000) for each calendar day after December 31, 2025 the contractor has not completed the work
(10) CONSTRUCTION SCHEDULE.
The sequence of construction shall be as shown on the plans or as directed by the RPR. The Contractor shall develop a schedule of operations in graphic form. This schedule shall show the proposed construction schedule for various items and phases of work and shall also provide space to show the current status of the work. This schedule shall show both calendar and working days on the construction timeline.
The project schedule shall be prepared as a network diagram in Critical Path Method (CPM), Program Evaluation and Review Technique (PERT), or other format, or as otherwise specified. It shall include information on the sequence of work activities, milestone dates, and activity duration. The schedule shall show all work items identified in the project proposal for each work area and shall include the project start date and end date.
At the Preconstruction Conference or two weeks prior to start of construction, whichever is greater, the Contractor shall submit the schedule for approval. No work shall be started until the construction schedule has been approved.
The Contractor shall maintain a copy of this schedule on the project site. This schedule shall be updated and submitted to the Resident Project Representative (RPR) for approval weekly.
(11) CLOSURES OF RUNWAYS, TAXIWAYS AND APRONS.
Runway 14-32, taxiways, and aprons will be open at all times during the construction of this project.
The staging for this project is as shown below:
Special Conditions Division III - Page SC-5
Stage/
Work
Zone Contractor’s Work Area Facility Closure Restrictions 1 Closure of Existing Fuel
Tanks
Fuel Island, Portion of Apron
Outside of TOFA
Minimum Notice of 2 weeks prior
to closure. No through traffic on
Apron Taxilane at existing Fuel
Island.
2 Taxiway Object Free Area
(62’ from Taxiway A)
Portion of Taxiway A Between
T/W D & E
Minimum 48 hours notice prior to
closure. Taxiway must be reopened
each night.
This project includes the closure of the existing underground fuel tank and removal of existing above ground fuel dispensers and miscellaneious equipment.
No work shall begin until all barricades have been installed around the existing fuel island area as shown on Sheet No. 3, Barricade Plan. The required NOTAMs will be issued by the Airport Manager. Lighted barricades shall be erected at the locations as shown on the Barricade Plan, Sheet 3 of the construction plans, and as directed by the RPR. The barricades shall be placed prior to the start of construction operations and removed when the Contractor is not working in that area
All phase layouts, barricade layouts, flagger positions, and aircraft travel routes will be coordinated with Airport Management prior to start of work in each phase. Contractor will give the Airport two weeks’ notice prior to the start of construction.
The Owner will provide flaggers and radio contact (122.8 MHz) with the aircraft during all construction activities of this project. Contractor shall at all times maintain automobile access to the airport.
The Contractor shall provide radios and maintain radio contact with the Airport-furnished flagger on 122.8 MHz as directed.
The contractor shall furnish, install, maintain, and remove lighted barricades to assure closure of portions of the Airport as shown on the plans or as directed by the RPR. These barricades shall be 10” high low-profile water filled barricades. Each barricade shall have two solar-powered lights with red lenses each controlled by photocells such that they are on at night and off during the day. Payment for the furnishing, maintaining, operating, and placing of lighted barricades will be made under Item C -106 of the General Construction Items of these specifications.
It shall be the Contractor’s responsibility to require all personnel to observe the safety requirements of the Airport to restrict all personnel and equipment to the work and storage areas assigned to the Contractor.
Contractor shall submit a plan and schedule at the Preconstruction Conference or two weeks prior to start of construction, whichever is greater. The submitted Staging Plan shall detail location of closed areas, barricade locations, and traffic routes. Contractor shall provide a detailed plan and schedule two weeks prior to beginning work. The area to be closed shall be barricaded off and no traffic shall enter area until determined by the RPR. For details of the proposed staging of this work, see the Construction Safety and Phasing Plans, of the construction drawings.
(12) HAULING ROUTES ON AIRPORT PROPERTY.
In order to avoid confusion with aircraft and other vehicles during the construction and to avoid damage to the existing pavement and to the adjacent lands, the Contractor's equipment shall be restricted to