proficiency, people who identify as transgender, people who identify as LGBTQ+, and other individuals that may not traditionally access mainstream support. Additionally, the Department expects eligible Applicants to plan for how this funding will reduce disparities and increase racial equity in their communities.
Applications for CDBG funding under this NOFA will be accepted via the Department’s online grant application and management system, Grants Network, supported by eCivis.
Profile set-up instructions and other technical assistance can be found on the webpage under Training and Technical Assistance at eCivis Grants Network User.
NOFA Deadlines
Housing and Community Development Programs
Community Development Competitive
Programs Applications Due
June 20, 2022, at 3:00 p.m.
Pacific Daylight Time (PDT)
There will be no Multifamily Housing, Housing Infrastructure, and Community Development Project funding in this NOFA. The Department will continue to fund down the Over-the-Counter (OTC) waiting list from the 2019-2020 NOFA.
Economic Development Projects and Programs
Economic Development Applications Due July 18, 2022, at 3:00 p.m. PDT
Applications in partnership with non-federally recognized Tribes
Non-Federally Recognized Tribes August 19, 2022, at 3:00 p.m. PDT
To receive CDBG program NOFA FAQs, emails, and other information and updates, please subscribe to the Federal Programs listserv. If you have any questions, please submit them to [email protected].
All activities in this NOFA are subject to availability of funds and continuing HUD and legislative authority.
Attachment
NOFA Release April 19, 2022
Application Submittal Start Date: April 20, 2022
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Community Development Block Grant Program
2022 Notice of Funding Availability
Gavin Newsom, Governor
State of California
Lourdes M. Castro Ramírez, Secretary
Business, Consumer Services and Housing Agency
Gustavo Velasquez, Director
California Department of Housing and Community Development 2020 W. El Camino Avenue, Suite 500, Sacramento, CA 95833 Telephone: (916) 263-2771
Website: https://www.hcd.ca.gov/grants-funding/active-funding/cdbg.shtml Community Development Block Grant Program email: [email protected] April 6, 2022
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CONTENTS
I. Overview .......................................................................................................................... 1 A. Notice of Funding Availability ........................................................................................... 1 B. Tentative Timeline............................................................................................................ 1 C. What is new in this NOFA ................................................................................................ 2 D. Authorizing Legislation ..................................................................................................... 3 E. Definitions ........................................................................................................................ 4 II. Program Requirements ................................................................................................... 4 A. Eligible Applicants ............................................................................................................ 4 B. Restrictions on Multiple Activities in the Same Political Districts ....................................... 5 C. Allocation and Funding .................................................................................................... 5 D. State Allocations .............................................................................................................. 6 E. Special Allocations ........................................................................................................... 7 F. Federal Limits .................................................................................................................. 7 G. Activity Delivery ............................................................................................................... 8 H. Insufficient Demand ......................................................................................................... 9 I. Eligible Activities .............................................................................................................. 9 J. Activity Limits ................................................................................................................... 9 III. Application Requirements .............................................................................................10 A. National Objectives .........................................................................................................10 B. Milestones ......................................................................................................................12 C. Conditions .......................................................................................................................13 IV. Application Threshold and Initial Requirements ..........................................................13 A. Threshold Requirements .................................................................................................14 B. Application and Activity Requirements ............................................................................18 V. Application Review ........................................................................................................21 VI. Award Recommendations .............................................................................................22 VII. Application Submission .................................................................................................22 A. Workshops ......................................................................................................................22 B. Disclosure of application..................................................................................................23 VIII. Appeal Criteria and Process ..........................................................................................24 A. Appeal process and deadlines .........................................................................................24 B. Appeal decisions .............................................................................................................24 C. Effectiveness ..................................................................................................................24 IX. Awards announcement and grant implementation .......................................................25 A. Awards announcements ..................................................................................................25 B. Standard Agreements .....................................................................................................25 X. Federal program requirements ......................................................................................25 A. Federal Cross-Cutting Requirements ..............................................................................25 B. Relocation plan requirement ............................................................................................26 C. Procurement ...................................................................................................................27 D. False, Fictitious or Fraudulent Claims .............................................................................27 E. Detecting, Preventing, and Reporting Fraud ...................................................................27 F. Combatting Fraud ...........................................................................................................27 F.2.a
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APPENDICES
Appendix A: Non-Entitlement CDBG Jurisdictions Census and American Community Survey Data Need Scoring
Appendix B: Housing Element and Growth Control Requirements
Appendix C: Citizen Participation, Public Hearings, and Public Information File Requirements
Appendix D: Sample Resolution of Governing Body
Appendix E: IDIS Matrix - CDBG Eligibility Activity Codes and National Objectives
Appendix F: Accessing CDBG Income Limits by Country and HUD Low/Moderate-Income Area Benefit Data
Appendix G: Determining Service Area
Appendix H: CDBG Income Survey Information
Appendix I: State Objective Criteria and Scoring
Appendix J: 2021 CDBG Application Certifications and Statement of Assurances
Appendix K: Sample DRAFT Standard Agreement
Appendix L: Scoring Matrix
Appendix M: Program Expectations for Economic Development Activities
Appendix N: Racial Equity
Note – Appendices are located in eCivis in the ‘Files’ tab on the Department under each specific program solicitation
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California Department of Housing and Community Development 1 CDBG 2022 NOFA – April 6, 2022
I. Overview
A. Notice of Funding Availability
The California Department of Housing and Community Development (Department) announces the availability of approximately $30 million in funding available through the federal Small Cities Community Development Block Grant Program (CDBG) for the 2022 funding year. CDBG funds are provided as grants to Non-Entitlement Jurisdictions. The objectives of the CDBG program are to develop viable communities by the provision of decent affordable housing, a suitable living environment, and to expand economic opportunities, principally for the benefit of Low- and Moderate-Income (LMI) persons, families, households, and neighborhoods. LMI is defined as neighborhoods, families, households, and individuals whose income does not exceed 80 percent of the county median income, as adjusted by the United States Department of Housing and Urban Development (HUD) for family household size.
All applications will be reviewed for completeness and compliance with state and federal requirements. Only complete and compliant applications will be eligible for application review, approval, and potential funding.
B. Tentative Timeline
The timeline below identifies deadlines for the 2022 program year application process.
NOFA Deadlines
Housing and Community Development Programs
Community Development Competitive
Programs Applications Due
June 20, 2022, at 3:00 p.m. Pacific Daylight
Time (PDT)
There will be no Multifamily Housing, Housing Infrastructure, and Community Development Project funding in this NOFA. The Department will continue to fund down the Over-the-Counter (OTC) waiting list from the 2019-2020 NOFA.
Economic Development Projects and Programs
Economic Development Applications Due July 18, 2022, at 3:00 p.m. PDT
Applications in partnership with non-federally recognized tribes Non-federally recognized Tribes August 19, 2022, at 3:00 p.m. PDT
NOFA Release April 19, 2022
Application Submittal Start Date: April 20, 2022
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California Department of Housing and Community Development 2 CDBG 2022 NOFA – April 6, 2022
Undersubscribed ED OTC and Competitive program funds remaining at the close of the 2022 CDBG NOFA will be rolled into the CD OTC waitlist of projects submitted under the 2019 Housing and Non-Housing OTC applications in the 2019-2020 NOFA.
Applications submitted before the application start date or after the respective due date or closing date will not be accepted. There will be no exceptions. The Department recommends Applicants plan to submit their application(s) well before the final due or closing date to provide opportunity for troubleshooting if needed.
Each application will be digitally time stamped upon submittal.
C. What is new in this NOFA
1. Resolution
The Department-approved resolution form provided within the appendices of the NOFA MUST BE used. Applications that are submitted with resolutions that are not on the Department-mandated form will be disqualified. If a governing body must prepare a separate resolution concurrently that conforms to its local standard, it may do so in addition to preparing the resolution form provided by the Department.
This is an internal control to prevent and detect fraud as required by HUD. This resolution also allows Standard Agreements to be executed without delay that can result when a resolution is not acceptable to the Department.
2. Capital Improvement Projects
The Department will not accept any new CD OTC capital improvement (Project) applications for the 2022 funding round. As part of the CDBG redesign, the Department implemented OTC applications for capital improvement Projects for multifamily housing, infrastructure, and public facilities in the 2019-2020 NOFA.
This solicitation was oversubscribed and, in response to stakeholder feedback, those applications that were not funded were placed on a waitlist.
The Department will continue to fund down the existing waitlist of shovel-ready Projects through the 2022 program year if the funds from this NOFA are undersubscribed.
3. Workshops
Workshops will be conducted virtually via Zoom. The schedule and registration information will be posted to the CDBG webpage. Training and Technical Assistance are also available on the CDBG webpage.
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California Department of Housing and Community Development 3 CDBG 2022 NOFA – April 6, 2022
In addition to the standard NOFA workshop, the Department will also be offering a series of trainings covering several topics that have been identified as a need for Applicants. Applicants are highly encouraged to attend the CDBG NOFA Workshops and any CDBG trainings as they detail specific issues, changes, solutions, guidance, and federal and state rules pertaining to CDBG Programs.
An Applicant that opts out of any of the CDBG trainings will not be exempt from knowing the federal and state rules pertaining to the CDBG program.
4. Appeal Period
Appeals period changed from five (5) days to ten (10) days.
D. Authorizing Legislation
• 24 Code of Federal Regulations (CFR) §570.480 et. seq, Federal CDBG Regulation • 24 CFR Part 58 Environmental Review Procedures
• 2 CFR Part 200 Uniform Grant Administration Requirements • Health & Safety Code (HSC) §§50825-50834, State of California CDBG program • 2020-2024 State of California Consolidated Plan
• 2022-2023 State of California Annual Action Plan (Currently being drafted) • CDBG Guidelines, California Department of Housing and Community Development
If there are changes to federal or state statutes or regulations, other laws governing the CDBG program, or funding is modified by Congress, HUD, the Department, or the State Legislature, these changes may become effective immediately and apply to funded activities under this NOFA.
Note: The Housing and Community Development Act of 1974 (HCDA) is codified as Title 42 U.S.C. §5301, et. seq.: thus, those citations are interchangeable and cite the same statute language. For example, the citation of HCDA 105(a)(22) and 42 U.S.C. §5305(a)(22) are references to the same statute language. For the purposes of this NOFA, we will use the 42 U.S.C. §5301 citations for references to the federal statutes.
In administering this NOFA, if there is a conflict between the federal statutes or regulations and state statutes or guidelines, the federal statutes and regulations shall prevail. All activities in this NOFA are subject to availability of funds and continuing HUD and California legislative authority. The Department reserves the right, at its sole discretion and at any time, to rescind, suspend or amend this NOFA and any or all its provisions. The Department will notify interested parties through listserv emails and by posting notification on the Department website if the Department rescinds, suspends, or amends this NOFA. This NOFA is not a commitment of funds to any Activity or Applicant.
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California Department of Housing and Community Development 4 CDBG 2022 NOFA – April 6, 2022
E. Definitions
Except as otherwise defined herein, all defined terms have the meaning set forth in 42 U.S.C. §5302(a) and the State CDBG Guidelines.
II. Program Requirements
All Program Requirements, Application, Application Threshold, and Initial Requirements set forth in sections II-IV must be met. Failure to include all of the requirements will result in disqualification.
A. Eligible Applicants
ONLY Non-Entitlement Units of General Local Government such as cities, counties and municipalities are eligible to apply. Federally recognized Tribes, non-federally recognized Tribes, and nonprofits may receive assistance by entering into a subrecipient agreement, Memorandum of Understanding, or contract with an eligible Applicant.
1. Non-Entitlement Status federally
CDBG program funds are provided as grants to Non-Entitlement Jurisdictions.
These Jurisdictions are encouraged to partner with federally – and non- federally recognized Tribes, districts, agencies, nonprofit service providers, and other community organizations, whenever appropriate, to prepare and submit applications for CDBG funding, and to administer and complete CDBG funded Programs and Projects.
Incorporated cities located in an urban county as defined by 42 U.S.C. §5302(a)(6) must formally elect to be excluded from participation in the urban county entitlement status. HUD and the Department must be notified that the city has elected to be excluded from the urban county participation as per 24 CFR §570.307(g) for it to be eligible for the state CDBG program. Only eligible activities from eligible Applicants will be scored and ranked.
2. Housing Element Compliance
As per HSC §50829, the Applicant must submit a draft and adopted housing element to the Department in accordance with the requirements listed in Government Code (GC) §65580, et seq. and GC §65585 (see Appendix B) prior to an award being granted. Applicants that fail to comply with the procedural requirements (i.e., GC §65585) of the Housing Element Law are ineligible for funding through the state CDBG program. Eligibility cannot be restored until the Applicant has met such procedural requirements.
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California Department of Housing and Community Development 5 CDBG 2022 NOFA – April 6, 2022
3. Growth Control Limitations
Applicants that have adopted growth controls, including, but not limited to restrictions on residential building permits and residential buildable lots, that do not meet the exception criteria in HSC §50830 (b) and (c) are ineligible for funding as per HSC §50830. Applicants intending to apply for CDBG funds are required to submit a signed 2022 CDBG Application Certifications and Statement of Assurances that certifies the Applicant has not adopted any residential growth controls, or that adopted residential growth controls meet the applicable exception criteria. Failure to submit executed Application Certifications and Statement of Assurances will result in Applicant ineligibility.
4. Application Submittal
Applicants must meet the following requirements when the application is submitted to be eligible to apply for funding under this NOFA:
• An eligible Applicant may apply on its own behalf
• An eligible Applicant may apply on behalf of one or more other eligible Applicants
• Two or more eligible Applicants, which share a program, may submit a joint application
• An eligible Applicant may apply on behalf of an eligible subrecipient including a non-federally recognized Tribe or nonprofit.
B. Restrictions on Multiple Activities in the Same Political Districts
In addition to Activity and application limits identified in the NOFA, an eligible nonentitlement Applicant may apply for activities in service areas within or outside of the Applicant's Jurisdiction when the Applicant is applying for funds set aside by the California State Legislative for non- federally recognized Tribes (HSC §50831) or Colonia’s as defined in Restrictions on Multiple Activities in the Same Political Districts.
Applications for eligible activities outside the Applicant's Jurisdiction must include a legally binding agreement, acceptable to the Department, with the city or county in which the eligible Activity is located. Applicants may not apply to both the state CDBG program and to a CDBG program administered by an Urban County or other entitlement entity during the same program year.
C. Allocation and Funding
Funds will be allocated according to federal regulations found in 24 CFR §570 and state statute, as found in HSC §50827, et seq. For more information, please F.2.a
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reference the CDBG Guidelines. The tables below include the estimated percentage of funding available for set-asides and funding caps for the 2022 allocations. The amount of total funding available and the allocations of those funds are only estimates and are subject to change without notice. Funding awarded through this NOFA will have a 36-month expenditure and liquidation period.
NOTE REGARDING DRAW DOWN OF GRANT FUNDS:
Pursuant to both federal and state law all CDBG costs must be:
(1) necessary
(2) reasonable
(3) there can be no duplication of benefit
(4) CDBG funds cannot be used to supplant local or state resources (5) Applicant must guard against fraud and (6) ineligible uses of CDBG funds
Awards will be limited to $1.5 million per Jurisdiction, including all applications submitted under this 2022 NOFA, except jurisdictions applying on behalf of a Colonia or a non-federally recognized Tribe which may additionally apply for funds under those set-asides.
D. State Allocations
1. Economic Development (ED)
Per state statute, 30 percent of the annual allocation, less state operating funds, must be set aside for ED projects and programs.
NOTE: the Department is piloting the availability of advancing funds for ED Loans/Grants with CDBG-CV awards and may offer
advances for this purpose to 2022 CDBG Applicants at a later date, at the Department’s discretion and pending successful deployment of the pilot.
2. Housing and Housing-Related Infrastructure
Per state statute, 51 percent of the annual allocation, less state operating funds, must be used by the Department to make grants to eligible cities or counties for the purpose of providing or improving housing opportunities for persons and families of low or moderate income or for purposes directly related to the provision or improvement of housing opportunities for persons and families of low or moderate income, including, but not limited to, the construction of infrastructure.
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California Department of Housing and Community Development 7 CDBG 2022 NOFA – April 6, 2022
Per federal statute, no more than 15 percent of the annual allocation may fund public services.
3. Capital Non-Housing Projects
These funds will be applied to applications carried over from the 2019-2020 NOFA waitlist.
E. Special Allocations
1. Colonias
Per HUD agreement, 5 percent of the annual allocation. The Colonias allocation is exempt from the $1.5 million per Jurisdiction limit. Eligible Activity includes housing assistance, infrastructure, planning, and public services.
2. Non-Federally Recognized Tribes
Per state statute, 1.25 percent of the annual allocation. The non-federally recognized Tribe allocation is exempt from the $1.5 million per Jurisdiction limit.
Eligible activities include housing assistance, infrastructure, planning, and public services.
F. Federal Limits
1. Program Administration
The Department can use 3 percent of total funding for administration costs.
2. General Administration
Applicants may request up to a flat 7 percent of the total 2022 CDBG grant funding requested per Activity for General Administration (GA). GA costs may include, but are not limited to, the following categories:
• Salaries, wages, and related costs of the Grantee's staff engaged in activities associated with the general administration of the CDBG program, including general management, general legal services, accounting, and auditing • Travel costs incurred in carrying out the general management of the program • Administrative services performed under third-party contracts, including contracts for such services as general legal services, accounting services, and ad services
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• Costs for goods and services related to the general management of the program, including rental and maintenance of office space, insurance utilities, office supplies, and rental or purchase of office equipment • Costs incurred in providing information and resources to individuals, families, and households in the LMI group, and to citizen organizations participating in the planning, implementation, or assessment of the Grantee's program
• Administrative funding can also be used for fair housing activities in compliance with the requirements of state CDBG Guidelines §103. If a cost cannot be associated with one of the above listed groups and cannot be associated with direct project costs, the Department will, upon the Grantee's request, decide whether it is an administrative cost, an Activity Delivery cost, or an ineligible cost according to 24 CFR §§570.489 and 570.482 • Completion of the NEPA Environmental Review Record for General Administration Activities (GA NEPA)
The calculation for General Administration should be the amount of the Activity expenses plus Activity Delivery expenses multiplied by 7 percent.
(Activity + Activity Delivery) * 0.07 = Max GA
Applicants may elect to assign more funds to Activity costs and take less than the 7 percent as GA allocation. GA for PI funds is 17 percent of annual receipts.
For project budgets with both grant award and PI as funding sources, please identify how much GA will be from each source to ensure that GA stays within the program caps.
Note: The above allocations and limits do not total the amount available. These allocations and limits overlap, and applications may be counted against multiple allocations and/or limits. Please see the application solicitations for the available funding for each application type.
G. Activity Delivery
Activity Delivery (AD) costs are those costs directly related and necessary to successfully complete a specific Activity. AD covers the cost of staff directly carrying out the Activity, in addition to equipment and supplies that are necessary to carry out the Activity. Eligible costs include:
• Salaries of Grantee or subrecipient staff carrying out Activity • Activity Specific Environmental Review Costs (not for General Administration) • Loan underwriting costs
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• Architectural and engineering design costs
• Labor compliance review costs
Supplies, equipment, uniforms necessary to carry out a specific CDBG Activity
AD must be cost reasonable and directly tied to completion of an Activity that meets a National Objective.
H. Insufficient Demand
If there is insufficient demand for an identified allocation, the Department will make awards first to any unfunded applications submitted on behalf of non-federally recognized Tribes, then to projects on the 2019-2020 NOFA OTC waitlist in the order listed and that can meet the timeliness of federal funds requirements.
I. Eligible Activities
For a complete list of eligible activities allowed under the HCDA, go to 42 U.S.C. §5305. CDBG program activities should be in predominantly residential areas or should serve predominantly residential areas to be eligible.
J. Activity Limits
Jurisdictions will submit one application per Activity. Each Jurisdiction can submit up to three (3) applications during this NOFA cycle. Each Activity must have a unique application with a complete budget, National Objective, scope of work, and milestone timeline. There will be no “combo” activities or applications accepted in this NOFA. Each application will have a stand-alone Standard Agreement for that Activity. Applicants are encouraged to review the sample draft Standard Agreement in Appendix K as a sample of the applicable terms and conditions required for CDBG funded activities.
1. Housing and Community Development (CD) Activities
The maximum grant award for all CD Activities is $1.5 million per Jurisdiction. Per Jurisdiction limits do not apply to Colonia and Native American set-asides. The below limits are new grant awards limits per Activity. Program Income (PI) included in an activity budget does not count against the Jurisdiction maximum grant award. Total Activity budgets may exceed the award limits when PI is budgeted to the Activity; however, the new grant award, per Activity, shall not exceed the maximums below. Per-Activity limits do not apply to Colonia and Native American set-asides.
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California Department of Housing and Community Development 10 CDBG 2022 NOFA – April 6, 2022
Pursuant to 24 CFR §570.482, eligible activities and maximum grant award amounts for funding the CDBG program include, but are not limited to:
a) Housing assistance to single-family units
• Single Family (1 - 4 units) Homebuyer Assistance - up to $500,000 • Single Family (1 - 4 units) Housing Rehabilitation - up to $500,000
b) Non-housing CD activities
• Public services - up to $500,000 (Please note that rental subsistence payments are being allowed in this NOFA)
• Planning & Technical Assistance (including Housing Planning, public services Planning and Non-housing Planning) - up to $250,000
2. Economic Development Activities
The maximum total Jurisdiction grant award for ED activities is $1.5 million.
When applying for ED and CD activities, the combined maximum may not exceed $1.5 million. Applicants may apply for up to $750,000 maximum to be used for Business.
Assistance and/or Microenterprise Assistance. These maximums do not include PI. PI may be included in addition to the new program award. The below limits are new grant awards limits per Activity. Per-Activity limits do not apply to Colonia and Native American set-asides.
ED activities and grant awards include:
a) Business Assistance and Microenterprise Assistance (including both Micro- Financial Assistance and Technical Assistance)- up to $750,000 b) Infrastructure in Support of Business- up to $1.5 million c) Economic Development Planning and Technical Assistance- up to $250,000.
III. Application Requirements
A. National Objectives
CDBG funded activities must meet one of three National Objectives:
• Benefit LMI persons
• Aid in the prevention or elimination of slums or blight • Meet an urgent need
At least 70 percent of the funds awarded must benefit LMI individuals or households.
No Activity or portion of a program assisted by these funds may exclude from its benefits the lowest income-eligible group. Individual activities shall meet one of the following National Objectives:
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California Department of Housing and Community Development 11 CDBG 2022 NOFA – April 6, 2022
1. Low- to Moderate-Income
Persons, households, and/or neighborhoods benefiting from LMI activities must meet HUD’s LMI requirements. HUD updates income limits annually. Applicants will be notified via a news blast email and information will be posted on the Department’s website when the HUD Adjusted Median Family Income (HAMFI) limits and low- to moderate-income areas (LMA) are updated. Applicants are required to use the updated income limits as soon as they are available. The LMI National Objective consists of the following categories:
a. Low-moderate Income Limited Clientele
Low- to moderate-income Limited Clientele (LMC), as defined by income limits or presumed benefit, refers to persons who earn 80 percent or less of HAMFI for the county of residence, as updated annually by HUD. Presumed benefit LMC refers to persons who, as a category, are typically low income. • Seniors
• Persons with a disability
• People experiencing homelessness
• Abused children and battered spouses
• Illiterate adults
• Persons living with acquired immunodeficiency syndrome (AIDS) • Migrant farmworkers
b. Low- To Moderate-Income Area (LMA)
LMA is identified using census tracts and block groups. LMA may also be identified through an income survey. See Appendix H for additional information regarding CDBG income surveys, which:
• Are based on the American Community Survey using Census Geographies.
• Contain at least 51 percent of households in the area earning at 80 percent or below HAMFI to meet LMA.
• Must be contiguous and the area should be mapped to show eligibility. • Must be an Activity with public benefit for the area, such as streets and sidewalks, sewer/water Infrastructure, community facilities, or park improvements.
• Should be determined to be LMA eligible from the map application at HUD’s Low- and Moderate-Income Summary Data Application page.
Instructions for HUD’s mapping application are available to assist in using the map application.
c. Low- to Moderate-Income Housing (LMH)
LMH as defined by household income limits is a household earning 80 percent or less of HAMFI.
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d. Low- to Moderate-Income Jobs (LMJ)
LMI Job Creation or Retention Activities (LMJ)
• LMJ is based on the number of full-time equivalent jobs created or retained.
• Must create or retain jobs, and 51 percent of those jobs must be for LMI persons.
• To meet the public benefit requirements for LMJ activities, for every $35,000 spent, one full-time equivalent job must be created/retained.
2. Slums and Blight on an area basis (SBA) and on a spot basis (SBS)
• Areas must be geographically defined and publicly identified as slums or blighted, typically by a council or board resolution before the Activity is considered.
• Activities must aid in the prevention or elimination of slums or blight as described in 24 CFR §570.483(c)(1-2).
3. Urgent Need
For the purposes of this NOFA, no Urgent Need applications will be accepted through the NOFA application process without prior Department approval. If you have a program or a project that meets the criteria of Urgent Need, as established at 24 CFR §570.483(d) and you believe your proposed project or program must use Urgent Need as a National Objective to be program eligible, please contact your Department representative for further instructions.
Special requirements apply to Urgent Need. Please contact the Department for more information.
B. Milestones
All CDBG program-funded activities must be implemented according to the milestones defined in the Standard Agreement. Applicants must include at least five milestones per Activity application. Milestone One and the Final Milestone will be prepopulated and cannot be edited by Applicants:
• Milestone One: Activity Initiation. Must be completed no later than 60 days from contract execution
• Milestone Two: First draw of grant funds
• Milestone Three: 50 percent completion
• Milestone Four: Final draw of grant funds
• Final Milestone: Activity closeout (must be completed no later than 90 days after the Expenditure Deadline)
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Additional milestones are optional, though encouraged for best practice of Activity implementation. Milestones may be adjusted for delays in application review and Standard Agreement execution. Applicants are encouraged to evaluate feasibility of meeting milestones and build time for unexpected delays into milestone schedules. Milestones may not extend beyond the expenditure deadline of an award. All milestones proposed by Applicants are subject to the review and approval of the Department.
TIP: The Department realizes that these milestone dates are estimates.
Instead of using an actual date for all optional milestones, please put a time frame.
For example:
Milestone Two: Activity initiation. 60 days from contract execution Milestone Three: First draw of grant funds: 90 days from contract execution
These milestones can be updated by your CDBG representative if changes are needed to be made.
C. Conditions
Applicants and awardees acknowledge that the funding opportunities referenced in this NOFA, and all obligations of the Department herein, are expressly subject to and conditioned upon the ongoing availability of funds, as well as the continued authority of the Department to operate the CDBG program. In the event that funds are not available, the CDBG program or act under this NOFA is eliminated, or in any way restricted, the Department shall have the option, at its sole discretion, to amend, rescind, suspend, or terminate this NOFA and any associated funding pursuant to the provision set forth immediately above.
This NOFA is not a commitment of funds to any Activity or Applicant.
IV. Application Threshold and Initial Requirements
All applications are required to pass threshold requirements. Applications that do not meet threshold will not move on to scoring, or in the case of ED OTC, will not be reviewed for award and immediately disqualified.
The Department strongly recommends a careful review of the application and application instructions PRIOR to beginning the application.
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A. Threshold Requirements
The following threshold requirements must be met at the time of application:
1. The Applicant must be an eligible nonentitlement jurisdiction.
2. The Applicant must demonstrate to the satisfaction of the Department that it is compliant with the financial management requirements of 2 CFR §200.
3. The Applicant must provide the Department with its most recent single audit (as submitted to the State Controller’s Office), if applicable. If the Applicant had or has single audit findings identified in the audit, they must include the remediation plan/agreement; the Applicant will be deemed ineligible for funding through the state CDBG program until the findings are resolved or a remediation plan or agreement is established. Any and all single audit findings are included in this evaluation.
This requirement is not limited to federal funds administered by the Department.
If an Applicant is not subject to single audit requirements, the Applicant is not required to submit an audit.
If an Applicant is not required to submit an annual single audit, they must provide certification that they are not required to submit.
4. Pursuant to 24 CFR §578.25, acceptable evidence of site control is a deed or lease. Absent a current deed or lease, an Applicant may use assessor’s parcel information to establish ownership for Applicant or subrecipient-owned sites. If grant funds will be used for acquisition, acceptable evidence of site control will be a purchase agreement. Site control must be maintained through the operation period of the Activity. Activities are expected to last one year.
5. Must have documented site control for that year. If site control is expected to expire during the open Activity period, the Applicant must document that either an alternative site will be made available or that the Activity operators intend to extend or renew the lease on the existing site.
6. Applicants must include the Jurisdiction name, initial all pages, sign, and submit the Certifications and Statement of Assurances (Appendix J) with their application to meet threshold. Please review the Statement and confirm compliance with each requirement. Failure to comply with the certifications and assurances may result in disqualification, recapture of federal funds, and debarment.
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7. Pursuant to 24 CFR §570.486, applications must follow CDBG Public Participation regulations. Applicants must provide documentation that the Citizen Participation requirements have been met. Documentation must include proof of public noticing, information provided during the public hearing or public meeting, and public comments received during the public participation, including Jurisdiction responses to comments. Additional information about public participation requirements can be found in Appendix C.
8. The application includes a completed Authorizing Resolution using the required Department-approved Authorizing Resolution form and approved by the Applicant’s governing board. The Authorizing Resolution designates a person or persons responsible for, and authorized to, execute all documents related to the application of CDBG funds.
Please see Appendix D for instructions for completing the resolution along with a resolution form.
If a governing body must prepare a separate resolution concurrently that conforms to its local standard, it may do so in addition to preparing the resolution form provided by the Department. Applicants must submit their approved resolutions on the form provided by the Department by the application due date. The Department will NOT accept resolutions after this time.
9. Applicant must submit the required Government Agency Taxpayer ID (TIN) Form found in the Files tab of each program solicitation. Submitted TIN forms must include DUNS numbers and accurate payment information to be complete and must not have been signed more than one (1) year before submission.
10. CDBG budgets found in the Grants Network portal are required at application submission. Required budget information includes direct costs only. Direct costs for Activity, GA, Program Income, and ‘Other’, if applicable, must be completed and clearly identified. Do not include any information on indirect cost, match, or cost share.
11. In addition, Applicants are required to upload their Sources and Uses for all funds applicable to the CDBG Activity. The application will guide Applicants that are using multiple funding sources to finance their Activity to upload a comprehensive Activity Sources and Uses.
12. Based on the 50 percent rule, Applicants with one or more current and open CDBG Standard Agreements (SAs), for which the expenditure deadline established in the agreement(s) has not yet passed, shall be ineligible to apply for any additional F.2.a
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CDBG funds for the same type of Activity(ies) included in those open CDBG SAs, unless the Applicant has expended at least 50 percent of CDBG funds previously awarded, including PI, for that Activity, or unless a waiver to the rule has been approved by the Department’s Director, as allowed at HSC §50833(f).
13. This includes PI only SAs approved for the same type of Activity(ies). For SAs awarded prior to 2018, Applicants will be required to provide their most recent Request for Funds and documentation to document compliance with the 50 percent rule requirement. For awards managed through Grants Network, a screenshot of the grand administration screen at the time of submittal of the application will work as documentation for compliance with the 50 percent rule.
14. Pursuant to 24 CFR Part 5, all CDBG Applicants are required to verify they and their principals, or any/all persons, contractors, consultants, businesses, sub- recipients, etc., that are conducting business with the Applicant are not presently debarred, proposed for debarment, suspended, declared ineligible, or voluntarily excluded from participation in the covered transaction or in any proposal submitted in connection with the covered transaction. Applicants and their partners, contractors, consultants, and subrecipients must register with the System for Award Management (SAM) to do business with the U.S. government and have debarment checks that return a registration status of “Active” and “No Active Exclusion Records” under the Exclusion Summary.
15. The Department will not award any CDBG program funds to Applicants and Applicant partners, including contractors, subrecipients, and consultants that are debarred, suspended, proposed for debarment, and declared ineligible, voluntarily excluded from participation, or that are unregistered in SAM from federally assisted programs. Applicants are not required to perform debarment checks on individual Applicant or partner employees or individual persons unless that person is acting as a contractor, consultant, subrecipient, or program partner and will be receiving payment directly from CDBG funds. Debarment information must be complete to qualify.
16. The Applicant must demonstrate, to the satisfaction of the Department, that it is meeting the State Objectives as described in Appendix I.
17. Pursuant to the National Environmental Policy Act of 1969 (NEPA), Environmental Standards must be met. Applicant must demonstrate compliance by submission of fully complete, current, and applicable Environmental Review Record forms and supporting documentation. Required NEPA process, training, and current forms are available on the HUD Exchange under the ‘Formats’ option. Additional HUD guidance can be found at the Orientation to Environmental Reviews page also on the HUD Exchange.
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18. NEPA Level of Review worksheet must include the Determination of Level of Review Worksheet.
19. If Applicants intend to use CDBG funding for GA Activities, a GA NEPA review will also be required at application submission, specifying the applicable exemption in 24 CFR §58.34(a).
20. For ED Business Assistance and CD housing assistance activities that operate as a program but, as per HUD, require site specific environmental reviews for NEPA clearance, only a GA NEPA review is required at application. Applicants using a Tiered Review process are strongly encouraged to submit their Tier 1 review at application.
ED APPLICATIONS ONLY
The Applicant must demonstrate capacity and experience to operate an ED Activity. Capacity and experience may be documented through one of the following commitments:
a. The Applicant has hired staff that are able to dedicate capacity to the operation of a CDBG-funded ED Activity.
These staff must have at least:
• Three years of CDBG ED experience; or
• Five years of commercial underwriting experience plus two years of general CDBG experience.
b. The Applicant has a draft contract or subrecipient agreement with a qualified consultant or nonprofit ED group with direct experience in CDBG ED implementation. The agreement must be fully executed, and a copy provided to the Department within 30 days of receipt of the Standard Agreement. Final contracts and/or subrecipient agreements must be with the same entities as proposed in draft at the time of the application.
Substitutions will invalidate the application and cancel the award.
The Applicant commits to partnering with the Small Business Development Centers or a similar organization that has direct experience in CDBG ED program design, implementation, and commercial underwriting. This commitment will be a resolution, memorandum of understanding, or similar formal statement and will be required at application.
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B. Application and Activity Requirements
At time of application submission, all applications must comply with and provide documentation of HUD’s federal cross cutting requirements found at 24 CFR §570.600, et seq, and summarized in section X Federal Program Requirements of this NOFA, and state overlays.
State overlay areas are as follows:
1. Application verification
Applicants must certify upon submission that their application is true and correct to the best of their knowledge: the required application input fields, attachment uploads, and budgets. Selecting an input field or uploading a blank document to circumvent the application requirements invalidates the application certification and will result in immediate disqualification. Applicants that intentionally input false information or that intentionally upload blank documents will have their good standing with the Department revoked and may be determined to be ineligible for other Department funding. Intentionally providing false information is fraud.
Applicants that rely on consultants or grant writers to prepare the CDBG application are strongly encouraged to review the application for completeness and correctness prior to submittal. It is also strongly encouraged to give plenty of time for submitting prior to the cutoff date and at least several hours prior to the cutoff time.
If an input field, upload requirement, or application component is not functioning correctly, or if there are system outages or other system failures prior to submittal, please contact [email protected] as soon as possible prior to the cutoff time to document the issue so that applications are not disqualified due to technical difficulties. Failure to contact the Department with system issues will not exempt Applicants from application verification requirements.
2. Gap funding and duplication of benefits
CDBG is intended to provide stop-gap funding for crucial infrastructure, public safety, housing, and social service projects. CDBG funds may not be obligated to Activities that are documented to already have sufficient funding for the Activity as described, or that have identified multiple funding sources for the same costs, resulting in a duplication of benefits and overfunding of the Activity. CDBG funds must be “but-for” funding for every Activity and may not be used to supplant local F.2.a
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or state resources. CDBG grant funds cannot be used to replace funds that have been budgeted and/or expended from another funding source for the same Activity. Pre-agreement costs are eligible provided that the initial funding for those costs is identified as a temporary funding source (such as a loan from a local fund wherein the loan is float funding the CDBG Activity pre-agreement costs but must be repaid so that the temporary loaned funds may be used as originally intended) and that the costs are budgeted to be part of the CDBG Activity.
3. Good standing
The Applicant, and any co-Applicant, together with all respective affiliates, must be in good standing with the Department (i.e., are current on all loan and/or grant obligations, have a satisfactory past performance history in all their prior dealings with the Department, and are in full compliance with all Department contracts and reporting requirements). Applicants not meeting the foregoing requirements shall be ineligible to apply for or receive funding under this NOFA.
4. Article XXXIV
Applicants engaging in low-income housing project activities that are subject to Article XXXIV of the California Constitution must show that the project approval process complies with Article XXXIV requirements. The state statutes implementing Article XXXIV can be found at HSC §37000. Exceptions to Article XXXIV can be found at HSC §37001.
5. Racial equity
Applicants should prioritize the advancement of racial equity in all CDBG programs and across systems and units of government in the Jurisdiction. The Department asks Applicants to be leaders in the community, facilitating partnerships among service organizations, housing providers, units of government, businesses, the homelessness response system, and other partners to promote racial equity practices.
All Applicants must identify the work performed to ensure racial equity in access to programs, projects, and activities funded with CDBG resources. Applicants must commit to analyzing disproportionality in access to housing, access to services, quality of service provision, and desired outcomes in Programs and Projects and affirmatively further equitable access, quality of service provision and outcomes for protected classes, including but not limited to Black, Native and Indigenous, Latino/Latina/ Latinx, Asian, Pacific Islanders, and other people of color who have been historically marginalized and are disproportionately impacted by housing segregation, poverty, and homelessness.
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Applicants cannot simply rely on delivering a standardization of services to address equity. Applicants must commit to reviewing their current policies and procedures and examining available data to ensure all eligible persons receive equitable services, and support, and are served with dignity, respect, and compassion regardless of circumstances, ability, or identity. See Appendix N for Racial Equity Resources and Tools.
When applying for 2022 CDBG funds, Applicants should consider:
• What are the community’s racial demographics and the demographics of those experiencing homelessness, housing, and economic insecurity? • What are the outcomes of the CDBG programs based on race? What are the requirements for all sub-grantees to look at data to determine racial disparities and then put a plan in place to address them? • How do underserved and marginalized communities learn about and access the CDBG program? What marketing and communication strategies are used to increase equitable access to CDBG programming?
• How does the grant-making process include prioritization for programs that are addressing the disproportionate impacts that housing insecurity, homelessness, economic insecurity, lack of access to equitable health care, and COVID-19 has on communities of color, particularly Black, Latinx, Asian, Pacific Islander, and Native and Indigenous communities? • How are the voices of Black, Latinx, Asian, Pacific Islander, and Native and Indigenous communities and those having lived with the experience of housing insecurity, homelessness and economic insecurity being centered in a meaningful, sustained way in creating effective approaches to addressing these challenges? How are they involved in the funding decision-making process?
• How are these funds accessible to smaller and non-traditional organizations that have historically been serving communities of color but may not have previously participated formally in government grant programs? How would these funds address the capacity of organizations that are led by Black, Latinx, Asian, Pacific Islander, and Native and Indigenous people? • Provide a list of partner organizations that are addressing racial equity in the housing and homeless response system, the ED sector, and the health care sector and describe how you partner with them.
The Department will require Applicants to submit related racial and ethnic data metrics of their CDBG programming on a quarterly reporting basis.
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V. Application Review
All applications that pass threshold will be reviewed for Activity eligibility. Activities that do not meet program eligibility requirements will be disqualified.
The Department reserves the right, at its sole discretion, to suspend, amend, or modify the provisions of this NOFA at any time, including, without limitation, the amount of funds available hereunder. This includes, but is not limited to, authorizing an increase in funding to any Applicant after the Department makes an award under this NOFA.
Qualifying competitive applications will be scored according to the evaluation criteria outlined in the application under the Readiness Section. Scores include two components:
A. Needs score
Needs score use publicly available data from the U.S. Census Bureau's American Community Survey to measure poverty, housing, and ED needs. These statistics are used to rank all eligible Non-Entitlement Jurisdictions and the rankings are translated into numeric scores. Need scores summarize the severity of a community's need for a specific Activity relative to other communities. The Department prepares the need scores and will provide the scores as Appendix A to this NOFA.
B. Activity readiness
Activity readiness is an indicator of Applicant preparedness for Activity implementation.
Applicants are expected to have necessary contracts and subrecipient agreements in place at the time of application submittal. Fully executed contracts and agreements will score higher than draft contracts and agreements. Applicants that will not be using contracts or subrecipient providers to carry out the Activity and will instead use Applicant staff must clearly document that staff have the experience and capacity necessary to successfully complete the Activity. Documentation will include position description(s) for the identified staff, resumes, or Curriculum Vitae for each staff person involved in the implementation of the Activity, organizational chart, and estimated workload.
Applications will be ranked based on highest score. Applicants will be notified of their point score, and the Final Point Score and Awardee List will be posted to the CDBG webpage.
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VI. Award Recommendations
Applications that are eligible, complete, and that satisfy readiness requirements may be recommended for funding. Applicants recommended for award will officially be notified of awards through the eCivis Grants Network. The award notification will include instructions for accepting or declining the award, as well as an executable Standard Agreement. Applicants that are not recommended for awards or that fail threshold will be officially notified via email that their application was not awarded or failed to pass threshold. The Final Award List will be posted on the CDBG webpage.
Applicants may request a copy of their application reviews after the review has been completed and the Applicant has been notified of the results.
VII. Application Submission
A. Workshops
The Department is conducting a series of application workshops that began in January 2022. These workshops will include training on:
• Resolutions: What is required and why
• How to complete the correct level of Environmental Review • How to pull a debarment check
• How to complete the eCivis Budget
• How to pick the correct National Objective
• How to pick the correct Matrix Code
• How to write a narrative
• How to address racial equity in your CDBG funded projects and programs • How to complete the 2022 NOFA Application
• 2022 NOFA review
Applicants are strongly encouraged to attend these virtual workshop sessions. If they are unable to attend the virtual workshop, Applicants are strongly encouraged to review these workshops on the CDBG website. This website also provides Training and Technical Assistance materials on the CDBG program, the CDBG Redesign, using Grants Network, and preparing a CDBG program application in Grants Network.
Please visit the Department’s website for upcoming information.
B. Submission Process
Applicants must follow instructions in this NOFA, the online application, and the CDBG program Guidelines. The Department strongly encourages Applicants to have F.2.a
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all required documents on hand when completing the application. Failure to follow instructions and submit all required documentation will result in disqualification. Once submitted, applications must stand on their own. It is the Applicant’s responsibility to ensure that the submitted application is clear, complete, and accurate. Department staff may request clarifying information but are unable to accept any new documentation that would provide an unfair advantage over other applications. It is strongly recommended that all documents be reviewed and saved to their own electronic files PRIOR to submission.
The CDBG Application and all required attachments must be submitted to the Department through the eCivis Grants Network Portal. Applicants must certify that all information is true and complete to the best of their knowledge, under penalty of perjury Per 83 FR 5848 “Any person who knowingly makes a false claim or statement to HUD may be subject to civil or criminal penalties under 18 U.S.C. §287, 1001 and 31 U.S.C. §3729.’’
Applicants that do not have an account with eCivis should log into the eCivis portal.
Use the “Create an account” option to initiate a profile. See the available training on the CDBG webpage to learn how to open an account. There is no cost associated with an eCivis account.
C. Applicant Responsibility
It is the duty and responsibility of each Applicant to review the provisions, requirements, and limitations of all funding sources applied for and obtained for a particular project, program, or activity in order to ensure that each and every requirement of those funding sources is compatible with all Department program requirements and restrictions. Incompatibility of funding sources will result in the denial or cancellation of an award, or may result in the placement of conditions or limitations on an award, all as determined by Department in its sole and absolute discretion.
D. Disclosure of application
Information provided in the Application will become public record available for review by the public pursuant to the California Public Records Act (GC §6250, et. seq). As such, the Department may disclose any materials provided by the Applicant to any person making a request under this Act. The Department cautions Applicants to use discretion in providing information not specifically requested, including, but not limited to, bank account numbers, personal phone numbers, home addresses, or other personally identifying information. By providing this information to the Department, the Applicant is waiving any claims of confidentiality, and consents to the Department’s disclosure of the Applicant’s material upon receipt of a Public Records Act request.
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VIII. Appeal Criteria and Process
A. Appeal process and deadlines
In order to lodge an appeal, Applicants must submit to the Department a written appeal by the filing deadline set forth below, which states all relevant facts, arguments, and evidence upon which the appeal is based. Furthermore, the Applicant must provide a detailed reference to the area(s) of the Application that provide clarification and substantiation for the basis of the appeal. No new or additional information will be accepted if this information would result in a competitive advantage to an Applicant. Once the written appeal is submitted to the Department, no further information or materials will be accepted or considered thereafter.
All Appeals must be submitted to the Department via email at [email protected],
PLEASE do not send Appeals to Department staff directly.
Emails to the email address listed above will be accepted so long as the email time stamp is prior to the appeal deadline.
Filing Deadline: Appeals must be received by the Department no later than ten (10) business days from the date the Department notifies the Applicant that their application has failed to meet eligibility, threshold, or has failed to score high enough in readiness to qualify for award. Late appeals will not be reviewed.
B. Appeal decisions
It is the Department’s intent to render its decision in writing within fifteen (15) business days of receipt of the Applicant’s written appeal. All decisions rendered shall be final, binding, and conclusive, and shall constitute the final action of the Department with respect to the appeal.
C. Effectiveness
If the applicable statutes and/or Guidelines governing the CDBG program contain an existing process for appealing decisions of the Department with respect to NOFA awards, then this section shall be inapplicable, and such existing authority shall govern all appeals.
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IX. Awards announcement and grant implementation
A. Awards announcements
The Department anticipates awards will be announced no later than September 2022.
OTC awards will be announced as applications are approved for funding. Until awards are announced, the CDBG staff will not be able to discuss applications or the status of applications.
Within 60 days from the award announcement date, unsuccessful Applicants will have the opportunity to request an interview with Department staff to discuss their application. Applications and agreements are public information and are available for review upon request.
B. Standard Agreements
Successful Applicants (awardees) will enter into a Standard Agreement with the Department. A draft sample Standard Agreement is included as Appendix K to this NOFA. The Standard Agreement contains all the relevant state and federal requirements, Activity performance and management requirements, and disbursement requirements. A condition of award will be that a Standard Agreement must be executed by the awardee within 30 days (contracting period) of the awardee’s receipt of the Standard Agreement(s). Failure to execute and return the Standard Agreement(s) to the Department within the contracting period will result in award cancellation. Award cancellations are final.
In order to ensure that the Standard Agreements are being sent to the correct individual, Applicants MUST complete ALL required sections of the profile section of the application.
X. Federal program requirements
A. Federal Cross-Cutting Requirements
The CDBG program is administered under the rules and regulations promulgated primarily in 24 CFR §570.600, et seq. These primary regulations are known as the federal cross-cutting requirements and form the basis of the programmatic requirements. The Department incorporates all federal cross-cutting requirements into the state CDBG program, and the regulations in Part 570 are translated into required actions on the part of all Grantees of the state CDBG program.
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This following is a summary of the federal cross-cutting requirements:
• Environmental Standards (based on National Environmental Policy Act of 1969 [NEPA])
• Labor Standards (Davis-Bacon and related laws)
• Achieving a HUD National Objective
• Public participation requirements
• Fair Housing and Affirmatively Furthering Fair Housing • Equal Opportunity and Non-Discrimination in federal Grant Programs • Federal Procurement Guidelines
• National Flood Insurance Program compliance
• Relocation and displacement requirements
• Employment and Contracting Opportunities Section 3 Compliance • Lead-based paint requirements
• No use of debarred, ineligible, or suspended contractors or sub-recipients • Uniform Administrative Requirements and Cost Principles • Conflict of interest prohibitions
• Compliance with the Architectural Barriers Act and the Americans with Disabilities Act
• Compliance with Eligibility Restrictions for certain resident aliens • Federal reporting requirements
• Grant and subrecipient monitoring requirements
B. Relocation plan requirement
Applicants engaging in project-specific activities that may or will cause the temporary or permanent relocation and displacement of persons, property, or businesses must provide a project-specific relocation plan as part of the application. The plan must meet the standards established in the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA). Applicants must successfully demonstrate that they have met URA requirements prior to the start of the project or displacement Activity. Applicants should include relocation costs in project budgets.
Applicants must provide General Information Notices to persons who may be displaced if the Activity in the grant application is funded. This plan must outline how the Grantee will enforce and manage the project’s temporary relocation and displacement activities and estimate what relocation benefits will be required so those costs can be included in the project’s development budget.
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C. Procurement
Pursuant to 24 CFR §570.489(g), all Grantees must comply with federal procurement requirements. The Department will review the Grantee’s procurement documents for services (i.e., administrative sub-contractor, Davis- Bacon consultant, etc.) at time of monitoring or upon request.
Requirements for federal procurement can be found at 2 CFR §200.317-326.
Applicants are responsible for meeting all federal procurement standards for goods and services funded through federal programs. Failure to meet procurement requirements may result in disqualification, recapture of federal funds, and debarment.
D. False, Fictitious or Fraudulent Claims
Warning: Any person who knowingly makes a false claim or statement to HUD or the Department may be subject to civil or criminal penalties under 18 U.S.C. §287, 1001 and 31 U.S.C. §3729.
E. Detecting, Preventing, and Reporting Fraud
Fraud is a white-collar crime that has a devastating effect on the CDBG program because the CDBG program beneficiaries are victims of this crime when the CDBG program is abused. The Department wants to stop any criminal assault on the CDBG program it administers, and in doing so all CDBG funds go to people it was designed to help and improve their living conditions.
F. Combatting Fraud
The HUD Office of Inspector General (OIG) is committed to protecting HUD’s programs, operations, and beneficiaries from dishonest individuals and organizations.
HUD cannot combat fraud alone; they rely on Department and CDBG NOFA Applicants to combat CDBG program fraud.
HUD also relies on Applicants for, and people receiving, HUD benefits, such as:
tenants receiving rental assistance, borrowers with HUD insured loans, or citizens having their communities restored using HUD grants.
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The HUD OIG Hotline number is 1-800-347-3735. This is the primary means to submit allegations of fraud, waste, abuse, mismanagement, or Whistleblower related matters for the CDBG program to the OIG.
HUD OIG accepts reports of fraud, waste, abuse, or mismanagement in the CDBG program from HUD employees, anyone administering the CDGB program, anyone working in the CDBG program, contractors, and the public.
You can report mismanagement or violations of law, rules, or regulations by HUD employees or program participants.
Fraud, Waste and Abuse in the CDBG program and its operation may be reported in one of the following four (4) ways:
1. By email to: [email protected]
2. By phone: Call toll free: 1-800-347-3735
3. By fax: 202-708-4829
4. By mail: - Department of Housing & Urban Development Office of Inspector General Hotline Manager
400 Virginia Avenue, SW, Suite 120
Washington, DC 20024
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: JUNE 21, 2022
SUBMITTED: June 9, 2022 AGENDA ITEM: Introduction and Adoption of Resolutions and Ordinances
DEPARTMENT:
DEPARTMENT HEAD:
Administrative Services
Cecilia Rodriguez, Management
Analyst
CONTACT: Renee Perales, CIP Manager
831-636-4360 x17
TITLE OF ITEM: RESOLUTION NO. 2022-125, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF HOLLISTER TO ACCEPT THE BIDS RECEIVED,
APPROVE A SUPPLEMENT AL APPROPRIATION, AW ARD A CONTRACT IN THE AMOUNT OF $2,315,495.00 TO MONTEREY PENINSULA ENGINEERING AND
AUTHORIZE THE EXECUTION OF A CONTRACT AND CHANGE ORDERS FOR THE SALLY STREET TRAFFIC CALMING PROJECT, CIP C2201
BRIEF DESCRIPTION: This resolution will accept the bids opened on June 8, 2022, approve a supplemental appropriation and award a contract to Monterey Peninsula Engineering.
RECOMMENDATION: Staff recommends that the City Council adopt the resolution accepting the bids, approving a supplemental appropriation, and awarding the contract to Monterey Peninsula Engineering for the Sally Street Traffic Calming Project, CIP C2201.
On April 18, 2022, CIP C2201, also known as the “Sally Street Traffic Calming Project” was approved by the City Council and staff was authorized to call for sealed bids. On June 8, 2022, four (4) bids were received. The lowest bid was received from Monterey Peninsula Engineering, of Marina CA in the amount of $2,315,495.00. The other bids ranged from $2.6 to $2.8 million dollars. The bid tabulation is attached. The Engineer’s estimate for this project was $1,348,732.00.
Staff is requesting the City Council do the following: Accept the bids received, award the contract to the lowest responsive bidder, and authorize the Mayor to execute the contract with Monterey Peninsula Engineering and authorize the City Manager to execute contract change orders not exceeding $347,000.00 if necessary for the timely completion of this project.
The supplemental appropriation includes the contingency of $347,000.00 and the construction contract in the amount of $2,315,495.00 for a total appropriation of $2,662,495.00.
FINANCIAL IMPACT: Expenditures of $2,662,495.00 from fund 304 Traffic Impact Fees fund
CEQA: N/A
ATTACHMENTS:
1. Bid_Results_Export
2. Budget Trasfer Appropriation Form-sally street award 06212022 F.3
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3. Contract-Monterey Peninsula Eng-Sally St C2201
THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH
THE STAFF RECOMMENDATION
Brett Miller, City Manager
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RESOLUTION NO. 2022-125
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER TO
ACCEPT THE BIDS RECEIVED, APPROVE A SUPPLEMENTAL APPROPRIATION, AWARD A CONTRACT IN THE AMOUNT OF $2,315,495.00 TO MONTEREY
PENINSULA ENGINEERING AND AUTHORIZE THE EXECUTION OF A CONTRACT
AND CHANGE ORDERS FOR THE SALLY STREET TRAFFIC CALMING PROJECT, CIP C2201
WHEREAS, on April 18, 2022, the City Council authorized staff to solicit bids for the Sally Street Traffic Calming Project, CIP C2201; and
WHEREAS, on April 22, 2022, staff called for sealed bids; and
WHEREAS, on June 8, 2022, four (4) bids were received; and
WHEREAS, the lowest bid was received from Monterey Peninsula Engineering; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister accepts the bids, awards a contract to Monterey Peni nsula Engineering of Marina, CA for the bid amount of $2,315,495.00 and approves a supplemental appropriation in the amount of $2,662,495.00.
BE IT FURTHER RESOLVED, that the City Council of the City of Hollister authorizes the Mayor to execute a contract with Monterey Peninsula Engineering and authorizes the City Manager to execute change orders in aggregate not exceeding an increase in the contract of more than $347,000.00.00.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 21st day of June, 2022, by the following vote:
Ignacio Velazquez, Mayor
ATTEST:
Christine Black, MMC, City Clerk
APPROVED AS TO FORM:
Lozano Smith Attorneys at Law
Mary F. Lerner, City Attorney
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I, CHRISTINE BLACK, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2022-125, is an original Resolution, or true and correct copy of a City Resolution, duly adopted by the Council of the City of Hollister at a regular meeting of said Council held on the 21st day of June, 2022, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Hollister this City Council day of June, 2022.
Christine Black, MMC
City Clerk of the City of Hollister
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Item #Item Description Quantity Unit of Measure Unit Price Item Total Unit Price Item Total Unit Price Item Total Unit Price Item Total 00001 MOBILIZATION/DEMOBILIZATION 1 LS $55,000.00 $55,000.00 $225,000.00 $225,000.00 $65,000.00 $65,000.00 $71,000.00 $71,000.00 00002 TRAFFIC CONTROL AND CONSTRUCTION 1 LS $50,000.00 $50,000.00 $208,400.00 $208,400.00 $76,000.00 $76,000.00 $122,100.00 $122,100.00 00003 CURB RAMP DEMOLITION AND 11 EA $9,700.00 $106,700.00 $7,240.00 $79,640.00 $11,300.00 $124,300.00 $21,800.00 $239,800.00 00004 BASE FAILURE REPAIR 12750 SF $13.00 $165,750.00 $18.50 $235,875.00 $14.00 $178,500.00 $17.00 $216,750.00 00005 ASPHALT GEOSYNTHETIC INTERLAYER 14155 SY $8.50 $120,317.50 $10.40 $147,212.00 $8.00 $113,240.00 $9.00 $127,395.00 00006 COLD PLANE ASPHALT CONCRETE AND 1235 CY $366.00 $452,010.00 $435.00 $537,225.00 $341.00 $421,135.00 $412.00 $508,820.00 00007 INSTALL DETECTABLE WARNING 13 EA $800.00 $10,400.00 $945.00 $12,285.00 $700.00 $9,100.00 $820.00 $10,660.00 00008 ADJUST UTILITY TO GRADE 6 EA $1,500.00 $9,000.00 $2,100.00 $12,600.00 $1,900.00 $11,400.00 $1,380.00 $8,280.00 00009 ADJUST SURVEY MONUMENT TO GRADE 3 EA $1,700.00 $5,100.00 $5,200.00 $15,600.00 $1,900.00 $5,700.00 $1,820.00 $5,460.00 00010 ENGINEERED RUBBER CURB 371 LF $150.00 $55,650.00 $110.00 $40,810.00 $120.00 $44,520.00 $125.00 $46,375.00 00011 TRAFFIC CIRCLE DIRETIONAL SIGN AND POST 12 EA $400.00 $4,800.00 $670.00 $8,040.00 $1,500.00 $18,000.00 $375.00 $4,500.00 00012 BRICK PAVERS (INCLUDING SAND BEDDING)981 SF $30.00 $29,430.00 $38.00 $37,278.00 $35.00 $34,335.00 $22.00 $21,582.00 00013 SPEED CUSHION INSTALLATION 3 EA $6,000.00 $18,000.00 $16,800.00 $50,400.00 $15,000.00 $45,000.00 $5,750.00 $17,250.00 00014 STOP APPROACH LINE 178 LF $6.00 $1,068.00 $8.50 $1,513.00 $7.00 $1,246.00 $5.00 $890.00 00015 THERMOPLASTIC TRIPLE FOUR CROSSWALK 2776 SF $7.00 $19,432.00 $10.00 $27,760.00 $9.00 $24,984.00 $6.00 $16,656.00 00016 THERMOPLASTIC BASIC CROSSWALK (WHITE) 113 SF $5.00 $565.00 $10.00 $1,130.00 $7.00 $791.00 $5.00 $565.00 00017 THERMOPLASTIC PAVEMENT MARKING 2248 SF $9.00 $20,232.00 $18.00 $40,464.00 $15.00 $33,720.00 $8.00 $17,984.00 00018 THERMOPLASTIC PAVEMENT MARKING 499 SF $7.00 $3,493.00 $10.00 $4,990.00 $8.00 $3,992.00 $6.00 $2,994.00 00019 THERMOPLASTIC TRAFFIC STRIPE (DETAIL 4145 LF $1.50 $6,217.50 $2.10 $8,704.50 $2.00 $8,290.00 $1.50 $6,217.50 00020 THERMOPLASTIC TRAFFIC STRIPE (DETAIL 39)8340 LF $1.50 $12,510.00 $2.25 $18,765.00 $2.00 $16,680.00 $1.50 $12,510.00 00021 THERMOPLASTIC TRAFFIC STRIPE (DETAIL 21)2015 LF $3.00 $6,045.00 $5.75 $11,586.25 $5.00 $10,075.00 $3.00 $6,045.00 00022 THERMOPLASTIC STRIPE (6" YELLOW)215 LF $3.00 $645.00 $3.00 $645.00 $4.00 $860.00 $3.00 $645.00 00023 THERMOPLASTIC STRIPE (6" WHITE)1100 LF $3.00 $3,300.00 $3.00 $3,300.00 $4.00 $4,400.00 $3.00 $3,300.00 00024 ROADSIDE SIGN 14 EA $400.00 $5,600.00 $500.00 $7,000.00 $330.00 $4,620.00 $375.00 $5,250.00 00025 INSTALL 8" PVC WATER MAIN 2715 LF $180.00 $488,700.00 $128.00 $347,520.00 $280.00 $760,200.00 $160.00 $434,400.00 00026 INSTALL PVC TEE & CONNECT TO EX 4 EA $7,800.00 $31,200.00 $10,380.00 $41,520.00 $7,000.00 $28,000.00 $10,020.00 $40,080.00 00027 INSTALL PVC CROSS & CONNECT TO EX 3 EA $18,000.00 $54,000.00 $13,000.00 $39,000.00 $8,000.00 $24,000.00 $20,640.00 $61,920.00 00028 INSTALL 90 DEGREE BEND WITH THRUST 1 EA $6,700.00 $6,700.00 $1,600.00 $1,600.00 $1,000.00 $1,000.00 $4,700.00 $4,700.00 00029 INSTALL GATE VALVE 28 EA $2,100.00 $58,800.00 $2,670.00 $74,760.00 $3,500.00 $98,000.00 $3,220.00 $90,160.00 00030 INSTALL FIRE HYDRANT CONNECTION 6 EA $11,500.00 $69,000.00 $15,500.00 $93,000.00 $11,000.00 $66,000.00 $12,880.00 $77,280.00 00031 REMOVE EXISTING WATER MAIN 2703 LF $70.00 $189,210.00 $57.00 $154,071.00 $55.00 $148,665.00 $81.00 $218,943.00 00032 RECONNECT WATER SERVICE TO NEW MAIN 71 EA $3,200.00 $227,200.00 $2,050.00 $145,550.00 $4,500.00 $319,500.00 $6,500.00 $461,500.00 00033 REMOVE CONCRETE (CURB, GUTTER, VALLEY 475 SF $13.00 $6,175.00 $10.00 $4,750.00 $18.00 $8,550.00 $6.00 $2,850.00 00034 MINOR CONCRETE (SIDEWALK)75 SF $43.00 $3,225.00 $60.00 $4,500.00 $20.00 $1,500.00 $12.00 $900.00 00035 MINOR CONCRETE (CURB & GUTTER)D 70 LF $190.00 $13,300.00 $110.00 $7,700.00 $65.00 $4,550.00 $84.00 $5,880.00 00036 MINOR CONCRETE (DRIVEWAY)224 SF $30.00 $6,720.00 $44.00 $9,856.00 $25.00 $5,600.00 $18.00 $4,032.00 Bid $2,315,495.00 $2,660,049.75 $2,721,453.00 $2,875,673.50 Total $2,315,495.00 $2,660,049.75 $2,721,453.00 $2,875,673.50 Sally Street Traffic Calming Project
Owner:City of Hollister
Bid Opening:2022-06-08 * marks an allowance Monterey Peninsula Engineering John Madonna Construction Co Granite Rock Company - Precision Grade, Inc.
Bid Status:Valid Bid Status:Under Review
192 Healy Avenue P O Box 5310 5225 Hellyer Avenue - Suite 220 marina, CA 93933 San Luis Obispo, CA 93403 San Jose, CA 95138 San Juan Bautistas, CA Bid Item List
US US US
Bid Status:Valid Bid Status:Under Review
Cen Cal Construction
Bakersfield, CA
$62,518.37
Chrisp Company
43650 Osgood Road
FREMONT, CA 94539
$196,817.08
Pale Horse Asphalt Engineering
Dixon, CA
$111,143.76
Patania Masonry
Salinas, CA
$25,470.45
Cen Cal Construction
Bakersfield, CA
$63,841.19
Compass Engineering
Hayward, CA
$194,183.63
Pale Horse Asphalt Engineering
Dixon, CA
$111,722.09
Toste Construction
$125,022.34
Cen Cal Construction
Bakersfield, CA
$65,314.87
Compass Engineering
Hayward, CA
$201,387.52
Pale Horse Asphalt Engineering
Dixon, CA
$117,022.48
Chrisp Company
43650 Osgood Road
FREMONT, CA 94539
$157,874.48
Listed Subs
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APPROPRIATION ADJUSTMENT
1. TRANSFERS OF APPROPRIATIONS WITHIN CLASSIFICATIONS OF EXPENDITURES (i.e. BETWEEN PROFESSIONAL SERVICES AND SUPPLIES EXPENSE) MAY BE SUBMITTED DIRECTLY TO FINANCE WITH DEPARTMENT HEAD’S SIGNATURE.
2. TRANSFERS OF APPROPRIATIONS BETWEEN CLASSIFICATIONS OF EXPENDITURES (i.e. BETWEEN SALARIES AND SERVICES AND SUPPLIES) MUST BE APPROVED BY THE CITY MANAGER.
3. TRANSFERS OF APPROPRIATIONS BETWEEN FUNDS OR COST CENTERS MUST BE APPROVED BY THE CITY COUNCIL.
4. INCREASE IN APPROPRIATIONS NEEDS TO BE OFFSET BY ADDITIONAL REVENUE SOURCE OR AVAILABLE FUND BALANCE.
(ROUND UP TO WHOLE DOLLAR)
Fiscal Year: 2022/2023
Department/ Account Title Fund #Cost Center Number Task #Increase Decrease Reserves 304 300101 2,662,495
Improvements 304 9000 750050 C2201 2,662,495
Explanation of Transaction:
Supplemental appropriation request to provide funding for the Sally Street Traffic Calming Project, CIP C2201.
Prepared by Date
Department Head
FOR ADMINISTRATION AND FINANCE OFFICE ONLY
Approved
for Entry Date
Finance Office
Approved Date Journal No.
City Manager
Date Resolution No.
City Clerk
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SPECIFICATIONS & CONTRACT DOCUMENTS
Sally Street Traffic Calming Project
CIP C2201
CITY OF HOLLISTER
COUNTY OF SAN BENITO
April 2022
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CERTIFICATION
In accordance with the provisions of Section 6735 of the Business of Professions Code of the State of California, these specifications have been prepared by or under the direction of the following Professional Engineers licensed in the State of California.
Mark A. Falgout 3/25/2022
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I_I
TABLE OF CONTENTS
SECTION PAGE
CONSTRUCTION CONTRACT..................................................................................................................................................... 1-21 RECITALS .............................................................................................................................................................................. 1 SECTION 1 INCORPORATION OF RECITALS AND DEFINITIONS ....................................................................................... 2 SECTION 2 THE PROJECT ................................................................................................................................................ 2 SECTION 3 THE CONTRACT DOCUMENTS ...................................................................................................................... 2 SECTION 4 THE WORK .................................................................................................................................................... 3 SECTION 5 PROJECT TEAM ............................................................................................................................................. 3 SECTION 6 TIME OF COMPLETION ................................................................................................................................. 3 SECTION 7 COMPENSATION TO CONTRACTOR .............................................................................................................. 5 SECTION 8 STANDARD OF CARE ..................................................................................................................................... 6 SECTION 9 INDEMNIFICATION ....................................................................................................................................... 6 SECTION 10 COMPLIANCE WITH APPLICABLE CODE REQUIREMENTS ............................................................................. 7 SECTION 11 INSURANCE AND BONDS .............................................................................................................................. 7 SECTION 12 PROHIBITION AGAINST TRANSFERS ............................................................................................................. 7 SECTION 13 NOTICES ........................................................................................................................................................ 7 SECTION 14 DISPUTE RESOLUTION .................................................................................................................................. 8 SECTION 15 DEFAULT ..................................................................................................................................................... 12 SECTION 16 CITY’S RIGHT’S AND REMEDIES .................................................................................................................. 13 SECTION 17 CONTRACTOR’S RIGHT’S AND REMEDIES ................................................................................................... 17 SECTION 18 ACCOUNTING RECORDS ............................................................................................................................. 17 SECTION 19 INDEPENDENT PARTIES .............................................................................................................................. 18 SECTION 20 NUISANCE ................................................................................................................................................... 18 SECTION 21 PERMITS AND LICENSES.............................................................................................................................. 18 SECTION 22 WAIVER ....................................................................................................................................................... 18 SECTION 23 CONFLICTS WITH THE CONSTRUCTION CONTRACT ................................................................................... 18 SECTION 24 GOVERNING LAW ....................................................................................................................................... 18 SECTION 25 COMPLETE AGREEMENT............................................................................................................................. 19 SECTION 26 SURVIVAL OF CONTRACT ............................................................................................................................ 19 SECTION 27 ADDITIONAL CONTRACT REQUIREMENTS .................................................................................................. 19 SECTION 28 PUBLIC WORKS CONTRACTOR REGISTRATION PROGRAM SB 854 ............................................................. 19 SECTION 31 GOVERNMENTAL POWERS ......................................................................................................................... 20 SECTION 32 SEVERABILITY .............................................................................................................................................. 20 SECTION 33 EXHIBITS ..................................................................................................................................................... 20 NOTICE INVITING SEALED BIDS ............................................................................................................................. EXHIBIT 1 CONTRACTOR’S BID ............................................................................................................................................... EXHIBIT 2 INSTRUCTION TO BIDDERS and PROPOSAL TO CITY OF HOLLISTER .................................................................... EXHIBIT 3 A)GENERAL INFORMATION .............................................................................................................................. ITB-1 B)PROPOSAL FORMS ......................................................................................................................................... ITB-1 C)BIDDER'S GUARANTY AND RETURN OF GUARANTY ................................................................................... ITB-1 D)CONTRACT BONDS ........................................................................................................................................ ITB-1 E)REJECTION OF PROPOSALS ..................................................................................................................... ITB-2 F)AWARD OF CONTRACT .................................................................................................................................. ITB-2 G)EXECUTION OF CONTRACT ........................................................................................................................... ITB-2 H)STANDARD SPECIFICATIONS ......................................................................................................................... ITB-2 I)SUPPLEMENTAL PLANS AND SPECIFICATIONS ............................................................................................ ITB-2 J)EXAMIN. OF PLANS, SPECIFICATIONS, SPECIAL PROVISIONS, AND SITE OF WORK .................................. ITB-3 K)WORKERS' COMPENSATION INSURANCE .................................................................................................... ITB-3 L)LIABILITY INSURANCE .................................................................................................................................... ITB-3 TOC-1
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M) PREVAILING WAGES APPLICABLE ................................................................................................................. ITB-3 N) DEPARTMENT OF INDUSTRIAL RELATIONS REGISTRATION ........................................................................ ITB-3 O) NON-COLLUSION DECLARATION TO BE EXECUTED BY BIDDER .............................................................. ITB-3 P) HOURS OF CONSTRUCTION .................................................................................................................... ITB-4
STATEMENT OF WORK ................................................................................................................................................. EXHIBIT 4 ITEMS OF CONSTRUCTION ........................................................................................................................................... EXHIBIT 5 DESIGNATION OF SUBCONTRACTOR .......................................................................................................................... EXHIBIT 6 NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER and SUBMITTED WITH BID ................................................. EXHIBIT 7 GENERAL CONDITIONS ................................................................................................................................................. EXHIBIT 8 SPECIAL PROVISIONS and/or TECHNICAL SPECIFICATIONS ...................................................................................... EXHIBIT 9 DIVISION 1 – SPECIAL PROVISIONS
01010 PROJECT DESCRIPTION ............................................................................................................................... SP1 01011 SUMMARY OF WORK.................................................................................................................................. SP1 01012 EQUIPMENT TO BE PROVIDED TO OWNER ................................................................................................ SP1 01013 WORK BY OTHERS ...................................................................................................................................... SP1 01014 DEFINITIONS ............................................................................................................................................... SP1 01015 WORK INVOLVING EXISTING SYSTEM......................................................................................................... SP2 01016 COORDINATION OF WORK ......................................................................................................................... SP2 01017 WORK SEQUENCE AND CONSTRAINTS ....................................................................................................... SP2 01020 CONSTRUCTION STAKES, LINES AND GRADES (NOT USED) ........................................................................ SP3 01021 SITE WORK .................................................................................................................................................. SP3 01022 PARTIAL ACCEPTANCE OF WORK ............................................................................................................... SP3 01023 PARTIAL AND FINAL PAYMENT ................................................................................................................... SP4 01210 PRECONSTRUCTION CONFERENCE ............................................................................................................. SP4 01220 PROGRESS MEETINGS ................................................................................................................................. SP4 01221 SCHEDULE REVIEW ..................................................................................................................................... SP5 01222 REVISIONS TO CONSTRUCTION SCHEDULE ................................................................................................ SP5 01300 SUBMITTALS – SHOP DRAWINGS ............................................................................................................... SP5 01310 MATERIALS AND EQUIPMENT LIST ............................................................................................................. SP6 01320 QUALITY CONTROL ..................................................................................................................................... SP7 01321 SAMPLING .................................................................................................................................................. SP7 01322 INSPECTION ................................................................................................................................................ SP7 01400 TEMPORARY FACILITIES .............................................................................................................................. SP8 01401 ELECTRICAL SERVICE ................................................................................................................................... SP8 01402 TEMPORARY LIGHTING ............................................................................................................................... SP8 01403 HEATING AND VENTILATION (NOT USED) .................................................................................................. SP8 01404 WATER ........................................................................................................................................................ SP8 01405 SANITARY CONVENIENCES ......................................................................................................................... SP9 01414 WARNING DEVICES AND BARRICADES ....................................................................................................... SP9 01415 HAZARDS IN PROTECTED AREAS ................................................................................................................ SP9 01416 PROTECTION OF EXISTING ITEMS ............................................................................................................... SP9 01417 PROJECT SECURITY ..................................................................................................................................... SP9 01418 FIRE EXTINGUISHERS .................................................................................................................................. SP9 01419 DUST CONTROL .......................................................................................................................................... SP9 01420 SPECIAL CONTROLS .................................................................................................................................... SP10 01422 ODOR CONTROL ......................................................................................................................................... SP10 01423 DRAINAGE CONTROL .................................................................................................................................. SP10 01424 EROSION CONTROL .................................................................................................................................... SP10 01502 CONTRACTOR'S CONTINUING OBLIGATION ............................................................................................... SP10 01503 CONTACT PERSONS FOR OUTSIDE AGENCIES ............................................................................................ SP11 01504 PROJECT CLOSEOUT ................................................................................................................................... SP11 01505 CLEANING ................................................................................................................................................... SP11 01506 FINAL SITE CLEAN-UP ................................................................................................................................. SP11 01507 WASTE DISPOSAL........................................................................................................................................ SP11 01510 PROJECT RECORD DOCUMENTS ................................................................................................................. SP12 TOC-2
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01520 TOUCH-UP AND REPAIR ............................................................................................................................. SP12 01530 REUSE OF DOCUMENTS .............................................................................................................................. SP12 DIVISION 2 – TECHNICAL SPECIFICATIONS
02100 MOBILIZATION/DEMOBILIZATION.............................................................................................................. TS1 02110 SCHEDULING ............................................................................................................................................... TS1 02120 SURVEYING & CONSTRUCTION STAKING ................................................................................................... TS2 02200 TRAFFIC CONTROL SPECIFICATIONS ........................................................................................................... TS2 02370 REMOVAL OF USA AND CONSTRUCTION MARKINGS ................................................................................. TS3 02400 STORM WATER BEST MANAGEMENT PRACTICESS .................................................................................... TS4 03200 HOT MIX ASPHALT CONCRETE .................................................................................................................... TS5 03250 GEOSYNTHETIC FABRIC .............................................................................................................................. TS5 PART 1 GENERAL ........................................................................................................................................ TS5 PART 2 PRODUCST ...................................................................................................................................... TS7 PART 3 EXECUTION ..................................................................................................................................... TS9 03275 BASE FAILURE REPAIR ................................................................................................................................. TS12 03400 UTILITY ADJUSTEMENT AND COORDINATION ............................................................................................ TS13
BONDS .......................................................................................................................................................................... EXHIBIT 10
TOC-3
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1 CONSTRUCTION CONTRACT
THIS CONSTRUCTION CONTRACT, entered into on June 21, 2022 (“Execution Date”), by and between the CITY OF HOLLISTER, a California municipal corporation ("City"), and Monterey Peninsula Engineering ("Contractor"), is made with reference to the following:
R E C I T A L S
A.City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California.
B.Contractor is a corporation duly organized and in good standing in the State of California, License Number 972425. Contractor is a [general contractor with a Class A contractor’s license, and represents that it is duly licensed by the State of California and has the background, knowledge, experience and expertise to perform the obligations set forth in this Construction Contract.
C.On April 22, 2022, City issued a Notice Inviting Bids to contractors for the Sally Street Traffic Calming Project. A copy of City’s Notice Inviting Bids is attached hereto as Exhibit 1 and incorporated by reference. In response to City’s Notice Inviting Bids, Contractor submitted its Bid. A copy of Contractor’s Bid is attached hereto as Exhibit 2 and incorporated herein by reference. Also attached hereto and incorporated by reference are:
Instruction to Bidders and Proposal to City of Hollister (Exhibit 3); Statement of Work (Exhibit 4); Items of Construction (Exhibit 5); Designation of Subcontractor (Exhibit 6); Non- Collusion Declaration (Exhibit 7); General Conditions (Exhibit 8), Special Provisions and/or Technical Specifications (Exhibit 9) Note: these need to have the project timelines and completion schedule and “Contract Time of Completion”; Payment and Performance Bonds (Exhibit 10); Insurance Requirements (Exhibit 11); and Additional Contract Requirements (if applicable) (Exhibit 12).
D.Also incorporated hereto, as if fully set forth, are the latest edition of the City of Hollister Standard Specifications; the latest edition “Greenbook” Standard Specifications for Public Works Construction published by BNI Publications, Inc. (the “Greenbook”); the latest edition of the California Manual on Uniformed Traffic Control Devices (“MUTCD”); and, the latest edition of the California Department of Transportation Standard Specifications (“Caltrans Standard Specifications”), except Sections 1 -9 are omitted in their entirety.
This contract shall be governed by the latest editions of the City of Hollister Standard Specifications and the Greenbook at the time bids are opened, including all applicable updates and amendments thereto. In the event of a conflict between the General Conditions, and either the City of Hollister Standard Specifications, the Greenbook, or Caltrans Standard Specifications, the General Conditions shall govern.
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2 E.City and Contractor desire to enter into this Construction Contract for the Sally Street Traffic Calming Project, CIP C2201, and other services, as identified in the in the Bid Documents for the project upon the following terms and conditions.
NOW THEREFORE, in consideration of the mutual promises and undertakings hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is mutually agreed by and between the undersigned parties as follows:
SECTION 1 INCORPORATION OF RECITALS AND DEFINITIONS.
1.1 Recitals.
All of the recitals set forth above are incorporated herein by reference.
1.2 Definitions.
Capitalized terms shall have the meanings set forth in this Construction Contract, General Conditions, and/or in the latest edition of the City of Hollister Standard Specifications and the Greenbook. If there is a conflict between the definitions in this Construction Contract and those set forth in the General Conditions, City of Hollister Standard Specifications or Greenbook, the definitions in this Construction Contract shall govern.
SECTION 2 THE PROJECT.
The project will reconstruct Sally Street between Nash Road and Hawkins Street in the City of Hollister. The project also includes replacement of the water main within Sally Street and each intersection within the project. The project will reconstruct the street and curb ramps. New roadway improvements will be conformed to private driveways. ("Project").
SECTION 3 THE CONTRACT DOCUMENTS.
The Contract Documents consist of the following collection of documents:
(i)Notice Inviting Bids
(ii)Executed Construction Contract between City and Contractor. (iii)Instructions to Bidders
(iv)Statement of Work
(v)Items of Construction
(vi)Designation of Subcontractors
(vii)Non-Collusion Declaration
(xiii)General Conditions
(xvi)Special Provisions and Technical Specifications.
(x)Performance and Payment Bonds.
(xi)Insurance Forms.
(xii)Plans and Drawings.
(xiii)Reports listed in the Bidding Documents.
(xiv)Supplements, Attachments, and Exhibits attached to the above items. (xv)Modifications.
(xvi)Change Orders.
(xvii)Field Directives
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3 SECTION 4 THE WORK.
The Work includes all labor, materials, equipment, services, permits, licenses and taxes, and all other things necessary for Contractor to perform its obligations herein and complete the Project, including, without limitation, any Change Orders requested by Contractor and/or City and authorized by City, in accordance with the Contract Documents and all applicable code requirements.
SECTION 5 PROJECT TEAM.
In addition to Contractor, City has retained, or may retain, at City’s sole discretion, consultants and contractors to provide professional and technical consultation for the design and construction of the Project (the “Project Team”). The Project requires that Contractor operate and communicate efficiently, effectively and cooperatively with City, as well as all other members of the Project Team.
SECTION 6 TIME OF COMPLETION.
6.1 Time Is of Essence.
Time is of the essence with respect to all time limits set forth in the Contract Documents.
6.2 Commencement of Work.
Contractor shall commence the Work on the date specified in the City’s Notice to Proceed.
6.3 Contract Time.
Contractor shall diligently prosecute the Work to Substantial Completion within sixty (60)working days after the date specified in City’s Notice to Proceed (the Contract Time of Completion).
6.4 Liquidated Damages.
6.4.1 Entitlement.
City and Contractor acknowledge and agree that if Contractor fails to fully and satisfactorily and substantially complete the Work within the Contract Time, City will suffer, as a result of Contractor’s failure, substantial damages which are both extremely difficult and impracticable to ascertain. Such damages may include, but are not limited to:
(i)Loss of public confidence in City and its contractors and consultants. (ii)Loss of public use of public facilities.
(iii)Extended disruption to public.
6.4.2 Daily Amount.
City and Contractor have reasonably endeavored, but failed, to ascertain the precise amount relationship to the actual damage that City will incur if Contractor fails to achieve Substantial Completion of the entire Work within the Contract Time of F.3.c
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4 Completion. Therefore, the parties agree that in addition to all other damages to which City may be entitled, other than delay damages, in the event Contractor shall fail to achieve Substantial Completion of the entire Work within the Contract Time of Completion, Contractor shall pay City, as liquidated damages, the amount of $1000.00 per calendar day for each day occurring after the expiration of the Contract Time of Completion until Contractor achieves Substantial Completion of the entire Work. The liquidated damages amount is not a penalty but considered to be a reasonable estimate of the amount of damages City will suffer.
6.4.3 Apportionment.
Such liquidated damages shall be subject to apportionment for delays to Substantial Completion for which Contractor is entitled to receive an extension of time under the Contract Documents. Such apportionment shall not be affected by the fact that liquidated damages may not be capable of apportionment for other periods of time during which there have occurred delays concurrently caused by both City and Contractor. It being the Contractor’s obligation to have the entire Work substantially completed within the Contract Time of Completion, it is agreed that such liquidated damages shall not be apportioned for portions of the Work completed prior to expiration of the Contract Time.
6.4.4 Exclusive Remedy.
City and Contractor acknowledge and agree that this liquidated damages provision shall be City’s only remedy for delay damages caused by Contractor’s failure to achieve Substantial Completion of the entire Work within the Contract Time of Completion.
6.4.5 Damages upon Abandonment.
In the event that Contractor either abandons the Work or is terminated by the City for default in accordance with the provisions of Section 16 of this Construction Contract, City shall have the right, in its sole discretion exercised by written notice issued either before or after Substantial Completion, to elect to either assert or waive its right to liquidated damages under this Paragraph 6.4.
.1 If City elects to assert its right to liquidated damages, then the liquidated damages shall be calculated from expiration of the Contract Time of Completion to the date that Substantial Completion of the Work is achieved by City or its replacement contractor employed to complete Contractor's performance. .2 If City elects to waive its right to liquidated damages, then Contractor shall be liable to City, in lieu of the liquidated damages provided for in this Paragraph 6.4, for all actual Losses proximately resulting from Contractor's failure to complete the Work within the Contract Time of Completion.
6.4.6 Other Remedies.
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5 The parties further acknowledge and agree that City is entitled to any and all available legal and equitable remedies City may have where City’s Losses are caused by any reason, other than Contractor’s failure to achieve Substantial Completion of the entire Work within the Contract Time of Completion.
6.5 Adjustments to Contract Time of Completion.
The Contract Time of Completion may only be adjusted for time extensions approved in writing by City and agreed to by Change Order executed by City and Contractor in accordance with the requirements of the Contract Documents.
6.6 Additional Compensation to Contractor.
The Contract Sum shall be increased by the amount of $1000.00 for each day of extension to the Contract Time as permitted by law and solely due to Compensable Delay occurring prior to Substantial Completion, but only to the extent that such Compensable Delay is not concurrent with a Non-Compensable Delay.
Regardless of the cause of the Compensable Delay (including, without limitation, acts or omissions of City or its consultants, errors, conflicts or omissions in the Contract Documents, or Changes to the Work), Contractor agrees to accept the compensation provided for in this Paragraph as its sole and exclusive right, remedy and recovery arising from or related to any loss, damages, costs and expenses due to delay, interruption, hindrance, compression, acceleration, disruption or the impact or ripple effect of delays on the Work, that may occur in connection with Contractor’s performance of Work on the Project and for any resulting foreseen or unforeseen:
(i)Overhead expenses such as, but not limited to, additional supervision, administration, extended or extraordinary overhead (direct or home office), insurance or bond costs and
(ii)Productivity expenses such as additional loss of productivity, inefficiency, and escalation of costs of labor, wage, material or equipment.
SECTION 7 COMPENSATION TO CONTRACTOR.
7.1 Contract Sum.
Contractor shall be compensated for satisfactory completion of the Work in compliance with the Contract Documents the total Contract Sum of Two Million, Three hundred and Fifteen Thousand, Four Hundred and Ninety Five Dollars ($2,315,495.00) (the “Contract Sum”).
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6 7.2 Full Compensation.
The Contract Sum shall be full compensation for all Work provided by Contractor and, except as otherwise expressly permitted by the terms of the Contract Documents, shall cover any and all losses, fees, and/or damages to Contractor arising out of the nature of the Work or from the acts of the elements or any unforeseen difficulties or obstructions which may arise or be encountered in performance of the Work by Contractor until its Acceptance by City, all risks connected with the Work, and any and all expenses incurred by Contractor due to suspension or discontinuance of the Work. The Contract Sum may only be adjusted for Change Orders issued, executed by the City and satisfactorily performed by Contractor in accordance with the requirements of the Contract Documents.
SECTION 8 STANDARD OF CARE.
Contractor agrees that the Work shall be performed by qualified, experienced and well - supervised personnel. All services performed in connection with this Construction Contract shall be performed in a manner consistent with the standard of care under California law applicable to those contractors who specialize in providing such services for projects of the type, scope and complexity of the Project.
SECTION 9 INDEMNIFICATION.
9.1 Hold Harmless.
To the fullest extent allowed by law, Contractor hereby agrees to defend, indemnify, and hold harmless the City, its City Council, boards and commissions, officers, agents, employees, representatives and volunteers (hereinafter collectively referred to as "Indemnitees"), through legal counsel acceptable to City, from and against any and all Losses arising directly or indirectly from, or in any manner relating to any of, the following:
(i)Performance or nonperformance of the Work by Contractor or its Subcontractors or Sub-subcontractors, of any tier;
(ii)Performance or nonperformance by Contractor or its Subcontractors or Sub - subcontractors, of any Tier, of any of the obligations under the Contract Documents;
(iii)The construction activities of Contractor or its Subcontractors or Sub- subcontractors, of any Tier, either on the Site or on other properties; (iv)The payment or nonpayment by Contractor of any of its Subcontractors or Sub - subcontractors, of any tier, for Work performed on or off the site for the Project; and
(v)Any personal injury, wrongful death, property damage or economic loss to third persons associated with the performance or nonperformance by Contractor or its Subcontractors or Sub-subcontractors of any tier, of the Work.
However, nothing contained herein shall be construed as obligating Contractor to indemnify any Indemnitee for Losses resulting from the sole, active negligence or willful misconduct of the Indemnitee. Contractor shall pay City for any and all costs and fees F.3.c
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7 incurred in enforcing this provision. Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of Contractor against City or any other Indemnitee.
9.2 Survival.
The provisions of Section 9 herein shall survive the termination of this Construction Contract.
SECTION 10 COMPLIANCE WITH APPLICABLE CODE REQUIREMENTS.
This Project constitutes "public works" within the meaning of California Labor Code section 1720 and is subject to the prevailing wage laws. Contractor agrees to be subject to and comply with all applicable federal, state and municipal laws, codes, ordinances and regulations governing the Work, including, but not limited to:
(i)The applicable provisions of the California Labor Code; and (ii)[blank]
SECTION 11 INSURANCE AND BONDS.
Prior to the commencement of any Work, Contractor shall provide City with evidence that it has obtained all insurance and Performance and Payment Bonds attached hereto, which are required by the City and approved by the City Attorney. Failure to do so by Contractor shall be deemed a material breach of this Construction Contract.
SECTION 12 PROHIBITION AGAINST TRANSFERS.
City is entering into this Construction Contract based upon the stated experience and qualifications set forth in Contractor’s Bid. Accordingly, Contractor shall not assign, hypothecate or transfer this Construction Contract or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of City. Any assignment, hypothecation or transfer without said consent by the City shall be null and void.
For purposes of applying the provisions of this Section, th e sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor or of any general partner or joint venturer or syndicate member of Contractor, if a partnership or joint venture or syndicate or co-tenancy exists, which shall result in changing the control of Contractor, shall be construed as an assignment of this Construction Contract. Control means more than fifty percent (50%) of the voting power of the corporation or other entity.
SECTION 13 NOTICES.
13.1 Method of Notice.
Except as provided in Section 13.2 below, all notices, demands, requests or approvals to be given under this Construction Contract shall be given in writing and conclusively shall be deemed served on the earlier of the following:
(i)On the date delivered if delivered personally;
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8 (ii) On the third business day after the deposit thereof in the United States mail, postage prepaid, and addressed as hereinafter provided; (iii) On the date sent if sent by facsimile transmission; or (iv) On the date it is accepted or rejected if sent by certified mail.
13.2 Notice Recipients.
All notices, claims, demands or requests, including, without limitation, Notice of Potential Claims (“Claims”) from Contractor to City at:
City of Hollister, Development Services Department Engineering Division 339 Fifth St.
Hollister, CA 95023
Attention: Renee Perales, CIP Manager
Re: Sally Street Traffic Calming Project, CIP C2201
In addition, copies of all Claims by Contractor under this Construction Contract shall be provided to the following:
City of Hollister, City Attorney Office
375 Fifth St.
Hollister, CA 95023
Attention: Mary F. Lerner, Lozano Smith Attorneys at Law Re: Sally Street Traffic Calming Project, CIP C2201
All such Claims shall be delivered personally or sent by certified mail.
All notices, demands, requests or approvals from City to Contractor shall be addressed to:
Monterey Peninsula Engineering
Attn: Peter J. Taormina, Manager
192 Healy Avenue
Marina, CA 93933
Re: Sally Street Traffic Calming Project, CIP C2201
13.3 Change of Address.
In the event of any change of address, the moving party is obligated to immediately notify the other party of the change of address in writing. Each party may, by written notice only, add delete or replace any listed individuals.
SECTION 14 DISPUTE RESOLUTION.
14.1 Resolution of Contract Disputes.
All Contractor Claims, as defined by Public Contract Code section 9204(c) shall be resolved by the parties in accordance with California Public Contracts sections 20104 - 20104.6 and applicable law. The Claims Procedures set forth in General Conditions shall be the exclusive recourse of Contractor for such claims.
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9 14.2 Resolution of Other Disputes.
14.2.1 Other Disputes.
The definition of Contractor Claims shall not include any of the following:
(i) Penalties or forfeitures prescribed by statute or regulation imposed by a governmental agency (other than relief from damages or penalties for delay assessed by a public entity under a contract for a public works project); (ii) Third party tort claims for personal injury, property damage or death r elating to any Work performed by Contractor or its Subcontractors or Sub - subcontractors of any Tier;
(iii) False claims liability under California Government Code section 12650, et. seq.; (iv) Defects in the Work first discovered by City after Final Payment by City to Contractor; or
(vi) The right of City to specific performance or injunctive relief to compel performance of any provision of the Contract Documents or for other City claims against the Contractor.
14.2.2 Litigation, City Election.
Matters that do not constitute Contractor Claims shall be resolved by way of an action filed in the Superior Court of the State of California, County of San Benito, and shall not be subject to the Contract Dispute Resolution Process. However, the City reserves the right, in its sole and absolute discretion, to treat such disputes as Contract Claims.
Upon written notice by City of its election as provided in the preceding sentence, such dispute shall be submitted by the parties and finally decided pursuant to the Contract Dispute Resolution Process in the manner as required for Contract Claims, including, without limitation, City’s right under Paragraph 14.4.2 to defer resolution and final determination until after Final Completion of th e Work.
14.3 Submission of Contractor Claim.
14.3.1 By Contractor.
Contractor shall submit a written Contractor Claim in accordance with applicable terms and conditions set forth in the General Conditions.
14.3.2 By City.
City's right to commence the Contract Dispute Resolution Process shall arise at any time following City's actual discovery of the circumstances giving rise to a contract dispute.
Nothing contained herein shall preclude City from asserting contract disput es in response to a Claim asserted by Contractor. A Statement of Contract Dispute submitted by City shall state the events or circumstances giving rise to the contract dispute, the dates of their occurrence and the damages or other relief claimed by City as a result of such events (Contract Dispute).
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10 14.4 Contract Dispute Resolution Process.
The parties shall utilize each of the following steps in the Contract Dispute Resolution Process in the sequence they appear below. Each party shall participate fully and in good faith in each step in the Contract Dispute Resolution Process, which good fa ith effort shall be a condition precedent to the right of each party to proceed to the next step in the process.
14.4.1 Response by City.
The time periods for the City's response are set forth in the General Conditions.
14.4.2. Meet and Confer Conference.
If the claimant disputes the City's written response, or if the City fails to respond to a claim issued within the time prescribed in the General Conditions, the claimant may demand in writing and an informal conference to meet and confer for settlement of the issue in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute.
14.4.3 Mediation.
(i) Within ten (10) business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within sixty (60) days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the City and the claimant sharing the associated costs equally.
The City and the claimant shall mutually agree to a mediator within ten 10) business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed p ortion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section.
(ii) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in F.3.c
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11 dispute resolution through negotiation or by issuance of an evaluation.
Any mediation utilized shall conform to the timeframes in this section.
(iii) Unless otherwise agreed to by the City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced.
14.4.4 Binding Arbitration.
If the Contractor Claim or Contract Dispute is not resolved by m ediation, then the party wishing to further pursue resolution or determination of the Contractor Claim or Contract Dispute shall submit such for final and binding arbitration pursuant to the provisions of California Public Contract Code sections 10240, et seq. The award of the arbitrator therein shall be final and may be entered as a judgment by any court of competent jurisdiction. Such arbitration shall be conducted in accordance with the following:
.1 Arbitration Initiation. The arbitration shall be initiated by filing a complaint in arbitration in accordance with the regulations promulgated pursuant to California Public Contract Code section 10240.5.
.2 Qualifications of the Arbitrator. The arbitrator shall be selected based by mutual agreement of the parties. The arbitrator shall be a retired judge or an attorney with at least five (5) years of experience with public works construction contract law and in arbitrating public works construction disputes. In addition, the arbitrator shall have at least twenty (20) hours of formal training in arbitration skills. In the event the parties cannot agree upon a mutually acceptable arbitrator, then the provisions of California Public Contract Code Section 10240.3 shall be followed in selecting an arbitrator possessing the qualifications required herein.
.3 Hearing Days and Location. Arbitration hearings shall be held at the offices of City and shall, except for good cause shown to and determined by the arbitrator, be conducted on consecutive business days, without interruption or continuance.
.4 Hearing Delays. Arbitration hearings shall not be delayed except upon good cause shown.
.5 Recording Hearings. All hearings to receive evidence shall be recorded by a certified stenographic reporter, with the costs thereof borne equally by City and Contractor and allocated by the arbitrator in the final award.
.6 Limitation of Depositions. Discovery shall be permitted in accordance with the provisions of Section 10240.11 of the Public Contract Code; F.3.c
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12 provided, however, that depositions shall be limited to both of the following:
(i) Ten (10) percipient witnesses for City and ten (10) percipient witnesses for Contractor and
(ii) Expert witnesses.
Upon a showing of good cause, the arbitrator may increase the number of permitted depositions. An individual who is both percipient and expert shall, for purposes of applying the foregoing numerical limitation only, be deemed an expert. Expert reports shall be exchanged prior to receipt of evidence, in accordance with the direction of the arbitrator, and expert reports (including initial and rebuttal reports) not so submitted shall not be admissible as evidence.
.7 Authority of the Arbitrator. The arbitrator shall have the authority to hear dispositive motions and issue interim orders and interim or executory awards.
.8 Waiver of Jury Trial. Contractor and City each voluntarily waives its right to a jury trial with respect to any Contractor Claim or Contr act Dispute that is subject to binding arbitration in accordance with the provisions of this Paragraph 14.4.4. Contractor shall include this provision for waiver of jury trial, waiving the right to jury trial in any action involving City as a party in its contracts with its Subcontractors who provide any portion of the Work.
14.5 Non-Waiver.
There shall be no waiver of the rights granted pursuant to the Dispute Resolution Process, unless specifically set forth in Public Contract Cod e section 9204((f)(1) or (2).
Specifically, participation in the Contract Dispute Resolution Process shall not constitute a waiver, release or compromise of any defense of City, including, without limitation, any defense based on the assertion that the rights or Contractor Claims that are the basis of a Contract Dispute were previously waived by Contractor due to failure to comply with the Contract Documents, including, without limitation, Contractor’s failure to comply with any time periods for providing notice of requests for adjustments of the Contract Sum or Contract Time of Completion or for submission of Contractor Claims or supporting documentation of such claims.
SECTION 15 DEFAULT.
15.1 Notice of Default.
In the event that City determines, in its sole discretion, that Contractor has failed or refused to perform any of the obligations set forth in the Contract Documents, or is in breach of any provision of the Contract Documents, City may give written notice of F.3.c
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13 default to Contractor in the manner specified for the giving of notices in the Construction Contract.
15.2 Opportunity to Cure Default.
Except for emergencies, Contractor shall cure any default in performance of its obligations under the Contract Documents within ten (10) days after receipt of written notice.
SECTION 16 CITY'S RIGHTS AND REMEDIES.
16.1 Remedies Upon Default.
In the event that Contractor fails to cure any default of this Construction Contract within the time period set forth above in Section 15, then City may pursue any remedies available under law or equity, including, without limitation, the following:
16.1.1 Delete Certain Services.
City may, without terminating the Construction Contract, delete certain portions of the Work, reserving to itself all rights to Losses related thereto.
16.1.2 Perform and Withhold.
City may, without terminating the Construction Contract, engage others to perform the Work or portion of the Work that has not been performed by Contractor and withhold the cost thereof to City from future payments to Contractor, reserving to itself all rights to Losses related thereto.
16.1.3 Suspend The Construction Contract.
City may, without terminating the Construction Contract and reserving to itself all rights to Losses related thereto, suspend all or any portion of this Construction Contract for as long a period of time as City determines, in its sole discretion, appropriate, in which event City shall have no obligation to adjust the Contract Sum or Contract Time, and shall have no liability to Contractor for damages if City directs Contractor to resume Work.
16.1.4 Terminate the Construction Contract for Default.
City may terminate all or any part of this Construction Contract for default in accordance with Paragraph 16.4 below, reserving to itself all rights to Losses related thereto.
16.1.5 Invoke the Performance Bond.
City may, with or without terminating the Construction Contract and reserving to itself all rights to Losses related thereto, exercise its rights under the Performance Bond.
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14 16.1.6 Additional Provisions.
All of City’s rights and remedies under this Construction Contract are cumulative, and shall be in addition to those rights and remedies available in law or in equity.
Designation in the Contract Documents of certain breaches as material shall not be construed as implying that other breaches not so designated are not material nor shall such designations be construed as limiting City’s right to terminate the Construction Contract, or the exercise of its other rights or remedies for default, to only material breaches. City’s determination of whether there has been noncompliance with the Construction Contract so as to warrant exercise by City of its rights and remedies for default under the Construction Contract, shall be binding on all parties. No termination or action taken by City after such termination shall prejudice any other rights or remedies of City provided by law or equity or by the Contract Documents upon such termination; and City may proceed against Contractor to recover all liquidated damages and Losses suffered by City.
16.2 Delays by Sureties.
Without limitation to any of City’s other rights or remedies under the law, City has the right to suspend the performance by Contractor’s sureties in the event of any of the following:
(i) Failure of the sureties to begin Work within a reasonable time in such manner as to insure full compliance with the Construction Contract within the Contract Time;
(ii) Abandonment of the Work;
(iii) If at any time City is of the opinion the Work is unnecessarily or unreasonably delayed;
(iv) Willful violation of any terms of the Construction Contract; (v) Failure to perform according to the Contract Documents; or (vi) Failure to follow instructions of City for its completion within the Contract Time.
City will serve notice of such failure upon the sureties and in the event the sureties neglect or refuse to cure the breach within the time specified in such notice, City shall have the power to suspend the performance or any part thereof of the sureties.
16.3 Damages to City.
16.3.1 For Contractor's Default.
City will be entitled to recovery of all Losses under law or equity in the event of Contractor’s default under the Contract Documents.
16.3.2 Compensation for Losses.
In the event that City's Losses arise from Contractor’s default under the Contract Documents, City shall be entitled to withhold monies otherwise payable to Contractor F.3.c
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15 until Final Completion of the Project. If City incurs Losses due to Contractor’s default , then the amount of Losses shall be deducted from the amounts withheld. Should the amount withheld exceed the amount deducted, the balance will be paid to Contractor or its designee upon Final Completion of the Project. If the Losses incurred by City exceed the amount withheld, Contractor shall be liable to City for the difference and shall promptly remit same to City.
16.4 Termination of the Construction Contract for Default.
Without limitation to any of City’s other rights or remedies at law or in equit y, and reserving to itself all rights to Losses related thereto, City shall have the right to terminate this Construction Contract, in whole or in part, upon the failure of Contractor to promptly cure any default as required by Section 15. City’s election to terminate the Construction Contract for default shall be communicated by giving Contractor a written notice of termination in the manner specified for the giving of notices in the Construction Contract. Any notice of termination given to Contractor by City shall be effective immediately, unless otherwise provided therein.
16.5 Suspension by City for Convenience.
City may, at any time and from time to time, without cause, order Contractor, in writing, to suspend, delay, or interrupt the Work in whole or in part for such period of time, up to an aggregate of fifty percent (50%) of the Contract Time, as City may determine, with such period of suspension to be computed from the date of the written order. Such order shall be specifically identified as a Suspension Order by City. Upon receipt of a Suspension Order, Contractor shall, at City’s expense, comply with its terms and take all reasonable steps to minimize costs allocable to the Work covered by the Suspension Order during the period of Work stoppage. Within the period of the above noted aggregate time, or such extension to that period as is agreed upon by Contractor and City, City shall either cancel the Suspension Order or delete the Work covered by such Suspension Order by issuing a Change Order. If a Suspension Order is canceled or expires, Contractor shall resume and continue with the Work. A Change Order will be issued to cover any adjustments of the Contract Sum or the Contract Time necessarily caused by such suspension. The provisions of this Paragraph 16.5 shall not apply if a Suspension Order is not issued by City. A Suspension Order shall not be required to stop the Work as permitted or required under any other provision of the Contract Documents.
16.6 Termination Without Cause.
City shall have the option, at its sole discretion and without cause, of terminating this Construction Contract in part or in whole by giving thirty (30) days written notice to Contractor. Contractor agrees to accept such sums as allowed under this Paragraph 16.6 as its sole and exclusive compensation and waives any claim for other compensation or Losses, including, but not limited to, loss of anticipated profits, loss of revenue, lost opportunity, or other consequential, direct, indirect or incidental damages of any kind.
16.6.1 Compensation.
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16 Following such termination and within forty-five (45) days after receipt of a billing from Contractor seeking payment of sums authorized by this Paragraph 16.6, City shall pay to Contractor as its sole compensation for performance of the Work the following:
.1 For Work Performed. The amount of the Contract Sum allocable to the portion of the Work properly performed by Contractor as of the date of termination, less sums previously paid to Contractor.
.2 For Close-out Costs. Reasonable costs of Contractor and its Subcontractors and Sub-subcontractors for:
(i) Demobilizing and
(ii) Administering the close-out of its participation in the Project (including, without limitation, all billing and accounting functions, not including attorney or expert fees) for a period of no longer than thirty (30) Days after receipt of the notice of termination in an amount not to exceed the daily sum payable to Contractor for Compensable Delays in Paragraph
6.6 of this Construction Contract.
.3 For Fabricated Items. Previously unpaid cost of any items delivered to the Project Site which were fabricated for subsequent incorporation in the Work.
16.6.2 Subcontractors.
Contractor shall include provisions in all of its subcontracts, purchase orders and other contracts permitting termination for convenience by Contractor on terms that are consistent with this Construction Contract and that afford no greater rights of recovery against Contractor than are afforded to Contractor under this Section 16.6.
16.7 Contractor’s Duties Upon Termination.
Upon receipt of a notice of termination for default or for convenience, Contractor shall, unless the notice directs otherwise, do the following:
(i) Immediately discontinue the Work to the extent specified in the notice; (ii) Place no further orders or subcontracts for materials, equipment, services or facilities, except as may be necessary for completion of such portion of the Work as is not discontinued;
(iii) Provide to City a description, in writing no later than fifteen (15) days after receipt of the notice of termination, of all subcontracts, purchase orders and contracts that are outstanding, including, without limitation, the terms of the original price, any changes, payments, balance owing, the status of the portion of the Work covered and a copy of the subcontract, purchase order or contract and any written changes, amendments or modifications thereto, together with such other information as City may determine necessary in order to decide F.3.c
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17 whether to accept assignment of or request Contractor to terminate the subcontract, purchase order or contract;
(iv) Promptly assign to City those subcontracts, purchase orders or cont racts, or portions thereof, that City elects to accept by assignment and cancel, on the most favorable terms reasonably possible, all subcontracts, purchase orders or contracts, or portions thereof, that City does not elect to accept by assignment; and
(v) Thereafter do only such Work as may be necessary to preserve and protect Work already in progress and to protect materials, plants, and equipment on the Project Site or in transit thereto.
SECTION 17 CONTRACTOR'S RIGHTS AND REMEDIES.
17.1 Contractor’s Remedies.
Contractor may terminate this Construction Contract for cause only upon the occurrence of one of the following:
17.1.1 For Work Stoppage.
The Work is stopped for sixty (60) consecutive Days, through no act or fault of Contractor, any Subcontractor, or any employee or agent of Contractor or any Subcontractor, due to issuance of an order of a court or other public authority other than City having jurisdiction or due to an act of government, such as a declaration of a national emergency making material unavailable.
17.1.2 For City's Non-Payment.
If City does not make payment of sums that are not in good faith disputed by City and does not cure such default within ninety (90) calendar days after receipt of notice from Contractor, then upon an additional thirty (30) days’ notice to City, Contractor may terminate the Construction Contract.
17.2 Damages to Contractor.
In the event of termination for cause by Contractor, City shall pay Contractor the sums provided for in Paragraph16.6 above. Contractor agrees to accept such sums as its sole and exclusive compensation and agrees to waive any claim for other compensation or Losses, including, but not limited to, loss of anticipated profits, loss of revenue, lost opportunity, or other consequential, direct, indirect and incidental damages, of any kind.
SECTION 18 ACCOUNTING RECORDS.
18.1 Financial Management and City Access.
Contractor shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management under this Construction Contract in accordance with generally accepted accounting principles and practices consistently applied. City and City's accountants shall be afforded access at all times during normal business hours, to inspect, audit and copy Contractor's records, books, estimates, take - F.3.c
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18 offs, cost reports, ledgers, schedules, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to this Project, and Contractor shall preserve these for a period of three (3) years after the later of (i) final payment or (ii) final resolution of all Contract Disputes and other disputes or for such longer period as may be required by law.
18.2 Compliance with City Requests.
Contractor's compliance with any request by City pursuant to this Section18 shall be a condition precedent to filing or maintenance of any legal action or proceeding by Contractor against City and to Contractor's right to rece ive further payments under the Contract Documents. Any failure by Contractor to provide access to its business records for inspection or copying by City shall be specifically enforceable by issuance of a writ or a provisional or permanent mandatory injunction by a court of competent jurisdiction based on affidavits submitted to such court, without the necessity of oral testimony.
SECTION 19 INDEPENDENT PARTIES.
Both parties to this Construction Contract will be acting in an independent capacity and no t as agents, employees, partners, or joint venturers of one another. City, its officers or employees shall have no control over the conduct of Contractor or its respective agents, employees, subconsultants, or subcontractors, except as herein set forth.
SECTION 20 NUISANCE.
Contractor shall not maintain, commit, nor permit the maintenance or commission of any nuisance in connection with the performance of services under this Construction Contract.
SECTION 21 PERMITS AND LICENSES.
Contractor, at its sole expense, shall obtain and maintain during the term of this Construction Contract, all appropriate permits, licenses, and certificates that may be required in connection with the performance of services hereunder, including, but not limited to, a Hollister business license.
SECTION 22 WAIVER.
A waiver by City of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character.
SECTION 23 CONFLICTS WITH THE CONSTRUCTION CONTRACT.
City and Contractor agree that if there is any conflict between the terms of this Construction Contract and the other Contract Documents, this Construct ion Contract shall control.
SECTION 24 GOVERNING LAW.
This Construction Contract shall be construed in accordance with and governed by the laws of the State of California.
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19 SECTION 25 COMPLETE AGREEMENT.
This Construction Contract represents the fully integrated and complete agreement and understanding between the parties with respect to the services set forth in this Construction Contract, and all preliminary negotiations and contracts of whatever kind or nature are merged herein. No verbal agreed or implied covenant shall be held to vary the provisions of this Construction Contract. Any modification of this Construction Contract will be effective only upon written execution signed by both City and Contractor and when approved as to form by the City Attorney.
SECTION 26 SURVIVAL OF CONTRACT.
The provisions of the Construction Contract, which by their nature survive termination of the Construction Contract or Final Completion, including, without limitation, all warranties, indemnities, payment obligations, and City’s right to audit Contractor’s books and records, shall remain in full force and effect after Final Completion or any termination of the Construction Contract.
SECTION 27 ADDITIONAL CONTRACT REQUIREMENTS.
This contract does not have special fund(s) involved requiring additional contract requirements, therefore this section does not apply.
This Contract includes the following source of fund(s) or the City intends to apply to the following source of fund(s) for reimbursement of the expenses associated with the work set forth in this Contract:
Community Development Block Grant (CDBG)
Housing and Urban Development (HUD)
[Blank]
Other: ___________________________
Therefore, City shall require Contractor to comply with the special fund(s) require ments (Exhibit 10), as they may be amended from time to time, in addition to all other requirements imposed by City.
SECTION 28 PUBLIC WORKS CONTRACTOR REGISTRATION PROGRAM-SB 854
In accordance with State of California Senate Bill No. 854 (SB 854):
No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) 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 (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.
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20 This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
As of April 1, 2015, contractors and subcontractors must furnish electronic certified payroll records to the Labor Commissioner (State of California, Division of Labor Standards Enforcement).
Please see the DIR website for complete details and actions. It is the responsibility of the contractor to ensure all DIR requirements and regulations are met and stay current. For more information on Senate Bill No. 854, see http://www.dir.ca.gov/Public-Works/SB854.html .
SECTION 31 GOVERNMENTAL POWERS.
Nothing in this Agreement shall be deemed directly or indirectly to restrict or to impair in any manner or respect whatsoever any of City's governmental powers or rights or the exercise thereof by City, with respect to the Work or Project.
SECTION 32 SEVERABILITY.
In case a provision of this Construction Contract is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected.
SECTION 33 EXHIBITS.
Exhibit 1 – Notice Inviting Bids.
Exhibit 2 – Contractor's Bid.
Exhibit 3 – Instruction to Bidders and Proposal to the City of Hollister.
Exhibit 4 – Statement of Work.
Exhibit 5 – Items of Construction.
Exhibit 6 – Designation of Subcontractor.
Exhibit 7 – Non-Collusion Declaration.
Exhibit 8 – General Conditions.
Exhibit 9 – Special Provisions and/or Technical Specifications.
Exhibit 10 – Payment and Performance Bonds.
Exhibit 11 – Insurance Requirements.
Exhibit 12 – Additional Contract Requirements (if applicable).
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21 IN WITNESS WHEREOF, the parties have caused this Construction Contract to be executed the date and year first above written.
CITY OF HOLLISTER,
a municipal corporation
By: ____________________________
Ignacio Velazquez, Mayor
APPROVED AS TO FORM:
By: __________________________
Mary F. Lerner, Lozano Smith Attorneys at Law
ATTEST:
By: ____________________________
Christine Black, MMC, City Clerk
MONTEREY PENINSULA ENGINEERING:
__________________________________
By: Peter Taormina, Manager
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EXHIBIT 1
Notice Inviting Sealed Bids
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NOTICE INVITING SEALED BIDS
for the Sally Street Traffic Calming Project
Project Name, CIP C2201
The City Council of the City of Hollister invites sealed bids for the Sally Street Traffic Calming Project, CIP C2201.
The project will reconstruct Sally Street between Nash Road and Hawkins Street in the City of Hollister.
The project also includes replacement of the water main within Sally Street and each intersection within the project. The project will reconstruct the street and curb ramps. New roadway improvements will be conformed to private driveways.
All work is to be done at the places and in the particular locations, of the forms, sizes and dimensions and of the materials and to the lines and as shown and delineated upon the plans and specifications made therefore and approved by the City.
The Bidder shall possess a Class A with the provisions of the specifications and on itemized estimates duly certified and approved by the City Engineer submitted in accordance therewith, based on labor and materials incorporated into said work by the contractor.
Notice is hereby given that for any moneys earned by the contractor and withheld by the City to ensure performance of the contract, the contractor may, at his request and expense, substitute securities equivalent to the amount withheld in the form and manner and subject to the conditions provided in Chapter 13 (commencing with Section 4590), Division 5, Title 1 of the Government Code of the State of California.
Notice is hereby further given that, pursuant to Section 1773 of the Labor Code of the State of California, the City has obtained from the Director of Industrial Relations the general prevailing rate of per diem wages and the general prevailing rate for holidays and overtime work for each craft, classi- fication, or type of workman required to execute the contract. A copy of said prevailing rate of per diem wages is on file in the office of the City Clerk, to which reference is hereby made for further particulars.
Said prevailing rate of per diem wages will be made available to any interested party upon request, and a copy thereof shall be posted at the job site.
All proposals or bids shall be accompanied by cash, cashier’s or certified check payable to the o rder of the City Council of the City of Hollister, amounting to ten percent (10%) of the bid, or by a bond in said amount and payable to said Clerk signed by the bidder and a corporate surety, or by the bidder and two sureties who shall justify before any officer competent to administer an oath, in double said amount and over and above all statutory exemptions. The amount so posted shall be forfeited to said City in case the bidder depositing the same does not, within ten (10) days after written notice that the contract has been awarded to him, enter into a contract with the City. All certified or cashier’s checks will be deposited pending award of contract. Return of deposited certified or cashier’s checks will take approximately 30 days from award of contract.
Said sealed bids shall be delivered to the City Clerk of the City of Hollister, 375 Fifth Street, Hollister, CA, 95023, on or before 3:00 p.m. on May 25, 2022, said time being at least ten (10) days from the first Notice Inviting Sealed Bids Page 1of 2
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publication of this notice. Bids will be publicly opened, examined and declared on said day and hour and referred to and considered by the City Council within sixty (60) calendar days from said bid opening date.
A non-mandatory Pre-bid conference will be held at City Hall in the Council Chambers located at 375 Fifth Street, Hollister, CA 95023 or you may attend via zoom (see link below) on May 11, 2022 at 10:00 a.m. The last date and time to submit questions or request for information regarding this project is set at 5:00 pm on May 19, 2022. Questions must be received prior to this time and date by e-mail at [email protected]. You may also utilize the Q/A feature within ebidboard on the project. All questions received after this date and time will not be answered.
The complete bid package, drawings, specifications, and addenda will be issued ELECTRONICALLY and are available for free by downloading the bidding documents at http://www.hollister.ca.gov/Services/open-bids-and-rfps/ Plan holders must register before they can view or purchase the bid package.
To attend the pre-bid or bid opening meeting by zoom, please use the links below.
Pre-bid Meeting
Time: May 11, 2022 10:00 AM Pacific Time (US and Canada) Join Zoom Meeting
https://zoom.us/j/99306162022?pwd=UG9WWGpaSWVKV3IzSVNlTzQvaUVmZz09 Meeting ID: 993 0616 2022
Passcode: UH43xY
Bid Opening
Time: May 25, 2022 03:00 PM Pacific Time (US and Canada) Join Zoom Meeting
https://zoom.us/j/94948309420?pwd=ZHg4dTQ3NFJod2wrZDA2Smlqd3Rmdz09 Meeting ID: 949 4830 9420
Passcode: U5YAbm
Dated: April 22, 2022
Christine Black, MMC
City Clerk of the City of Hollister Published: April 29, 2022 & May 6, 2022 Notice Inviting Sealed Bids Page 2of 2
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EXHIBIT 2
Contractor’s Bid
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PROPOSAL TO CITY OF HOLLISTER
To the Honorable City of Hollister Council
Updated Bid Schedule per
Addendum No. 2
The undersigned as bidder declares that he has carefully examined the location of the proposed work, the plans and specifications and the proposed contract annexed thereto and agrees that if this proposal is accepted , to contract with the City of Hollister, in the form of the copy of the contract attached to the specifications, to provide all the materials (except those specifically mentioned to be furnished by the City), necessary machinery, tools, apparatus, and other means of construction and do all the work specified in the contract in the manner and time set forth for the improvement of the specified work entitled: SALLY STREET TRAFFIC CALMING PROJECT.
Construction shall be in strict conformity with the plans and specifications prepared by the City of Hollister, copies of which are on file in the office of the City Clerk, and which plans and specifications are hereby made a part hereof. The Bidder proposes and agrees to contract with the City of Hollister to perform all of the work, including subsidiary obligations as defined in said specifications for the following prices to wit:
Item
No.
1 2
3 4
5 6
7 8
9 10
11 12
13 14
Sally Street Traffic Calming Project, CIP C2201
Base Bid Schedule
Approx.
Item Description Otv. Units Unit Price ~ Bid Amount
MOBILIZATION/DEMOBILIZATION 1 LS t~~ $if,Oo o ,-, I_J ,...,"'I TRAFFIC CONTROL AND -'~!-$ s-4ooc CONSTRUCTION AREA SIGNS 1 LS $ . oo-
CURB RAMP DEMOLITION AND
$ (\Joo.._ INSTALLATION (INCLUDE C&G, SIDEWALK, 11 EA $ \tib-;-:io0
AND AC)
BASE FAILURE REPAIR 12,750 SF $ \ °:) $ I bS" 7So
ASPHALT GEOSYNTHETIC INTERLAYER 14,155 SY $ C3. so-$ \"'2..0,~n.s-o COLD PLANE ASPHALT CONCRETE 1,235 CY $ -~ (c, (, -$4Sl.6\D AND OVERLAY (0.29' DEPTH) INSTALL DETECTABLE WARNING 13 EA $ ~oo -$\0,'-\0
ADJUST UTILITY TO GRADE 6 EA $ IS-ov-$ 6-,DOO '
ADJUST SURVEY MONUMENT TO GRADE 3 EA $ \700-$ t;'\oo
~
ENGINEERED RUBBER CURB 371 LF $ \ S'D-$ SS',t.,So
TRAFFIC CIRCLE DIRECTIONAL SIGN AND 12 EA $ 1..\00-$ L\io o POST ., BRICK PAVERS (INCLUDING SAND 981 SF $ ~D $ 2~.L\:iO BEDDING) SPEED CUSHION INSTALLATION 3 EA $ l,,OciO-$ \i,o o
STOP APPROACH LINE 178 LF $ ~-$ \p lo~
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Item Approx.
No. Item Description atv. Units Unit Price Bid Amount
THERMOPLASTIC TRIPLE FOUR
15 CROSSWALK (WHITE) (CAL TRANS 2,776 SF ;-l l{ I l.\ Yz.. STANDARD PLAN A24F) THERMOPLASTIC BASIC CROSSWALK -16 (WHITE) (CAL TRANS STANDARD PLAN 113 SF ':)-SGS-A24F) 17 THERMOPLASTIC PAVEMENT 2,248 SF C\---Z..D, 2. S l.. MARKING (GREEN) 18 THERMOPLASTIC PAVEMENT 499 SF I-""?:i~ °' 7, MARKING (WHITE) 19 THERMOPLASTIC TRAFFIC STRIPE 4,145 LF \.:;-0 -~?...\1.S'D (DETAIL 278) ' 20 THERMOPLASTIC TRAFFIC STRIPE 8,340 LF (DETAIL 39) \, so -1. l.\ S-\0 21 THERMOPLASTIC TRAFFIC STRIPE 2,015 LF ~-b04S-(DETAIL 21) \ 22 THERMOPLASTIC STRIPE (6" YELLOW) 215 LF 7J-~lA S
23 THERMOPLASTIC STRIPE (6" WHITE) 1,100 LF ~-~-~oo
\
24 ROADSIDE SIGN 14 EA 400·-t;l.,OO
'
25 INSTALL 8" PVC WATER MAIN 2,715 LF \ 1)(.) l\'tii ,,oo 26 INSTALL PVC TEE & CONNECT TO EX 4 EA ,~o o -~\, '2.00 WATER MAIN 27 INSTALL PVC CROSS & CONNECT TO 3 EA \ i,ooo-SUi,Oc EX WATER MAIN 28 INSTALL 90 DEGREE BEND WITH 1 EA lo)oD-l-,7 00 THRUST BLOCK I 29 INSTALL GATE VALVE 28 EA 1-_\ OC)-~~, ioo
30 INSTALL FIRE HYDRANT CONNECTION 6 EA \\, S-00 -bl\ 1DDO 31 REMOVE EXISTING WATER MAIN 2,703 LF 70-\~l\ \ 2\
32 RECONNECT WATER SERVICE TO NEW 71 EA ~1.CJ Z-7.. 1 11..D0 MAIN - '
33 REMOVE CONCRETE (CURB & GUTTER, 475 SF \~-(,, ~' S" VALLEY GUTTER, SIDEWALK) 34 MINOR CONCRETE (SIDEWALK) 75 SF L-\ ~-~2.lS
'
35 MINOR CONCRETE (CURB & GUTTER) 70 LF \q o -\ °7:J \')DD 36 MINOR CONCRETE (DRIVEWAY) 224 SF "7::, -I.a-:, 7-..
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BASE BID TOTAL: This Base Bid Total is the amount to compare all bidders.
Items 1 thru 36 inclusive of all work incidental thereto and connect therewith BASE BID TOTAL: $ L , J / 5"°, '1, {j S: O (!)
BASE BID WRITTEN OUT Tw1~ t1: ///o 11 fh me: ~ kl 11 J az.; f :f ~ee1 tkv.sl>\,,.. d -fovt/ i..1.111dro.A fA.:/1,rJ. y._;.-1°-1-::1 -f:vc i The bid prices given are to be considered current and future for this project. No escalation of the bid prices shown above, including the Unit Price, Bid Amount and Total Bid amount will be considered through the life of the project. No escalation of prices due to economic conditions of the material suppliers, subcontractors and contractor will be considered.
Price, Bid Amount and Total Bid amount will be considered through the life of the project.
No escalation of prices due to economic conditions of the material suppliers, subcontractors and contractor will be considered.
Care has been taken to include all construction as described in the Contract Documents as Bid Items.
For any structure, fitting, accessory, etc. that is not clearly included in a bid item, the Contractor shall include it as a part of the most appropriate bid item.
Paul B Bruno, Manager
Name and Title of Bidder
Monterey Peninsula Engineering
Company
All bids will be compared on the basis of the Engineer's Estimate of the quantities of the work to be done for the combination of base selected.
The "Base Bid Total" number will be compared to determine basis of bid and lowest responsive bidder. Add Alternates as shown in the plans and specifications may be added to project at the time of award in the order directed by the City Council of the City of Hollister. The City Council of the City of Hollister reseives the right to add all, some or no Add Alternates during award of the project.
The undersigned has checked carefully all of the above figures and understands that the City shall not be responsible for any errors or omissions on the part of the undersigned in making up this bid.
In case of a discrepancy between a unit price and the corresponding bid amount, the unit price shall prevail.
Bidder acknowledges receipt of addendum below by placing their initials next to those numbers that they have received.
Addendum No. 1 x ,;Q_, Addendum No. 3 x~
Addendum No. 2 ~ Addendum No. 4 x r;(,/
The undersigned hereby certifies that this bid is genuine and not sham or collusive, or made in the interest or in behalf of any person not herein named, and that the undersigned has not directly or indirectly induced or solicited any other bidder to put in a sham bid, or any other person, firm or corporation to refrain from bidding, and that the undersigned has not in any manner sought by collusion to secure for himself an advantage over any other bidder.
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The City reserves the right to reject any and all bids and to waive any informality or irregularity in bids received. lt is agreed that this bid may not be withdrawn for a period of sixty (60) days from the opening thereof.
The terms and conditions of the final contract when executed shall control and supersede anything herein to the contrary or inconsistent with such contract.
The names of all persons interested in the foregoing proposal as principals are as follows:
NOTE: If the bidder or other interested person is a corporation state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof; if a co-partnership, state true name of firm, also names of all individual co-partners composing the firm; if bidder or other interested person is an individual, state first and last name in full.
Bidder presently possesses the following license(s) (please state class and License number for each class) A, B, Haz. 972425 and/or will
possess the class required by the contract specifications at the time of contract award.
Contractor's DIR # -=-_1_0.,,,.0....,.00_0_0_0_9_4 _____ _ ~ ,cBigAatureofBidder ~r L.,.,-?"
NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation: If bidder is a co-partnership, the true name of the firm shall be set forth above, together with the signature of the partner or partners authorized to sign contract on behalf of the co-partnership and if bidder is an individual, his signature shall be placed above.
Business Address: 192 Healy Ave., Marina, CA 93933 Business Phone:_(8_3_1)_3_8_4-4_0_8_1 ____ _ Email Address: __ Pe_t_er~@~M~P ..... e .... 20 __ 0_0_.c_o ___ m ____ _ Dated : ___ --=J=un=e"-'0=8'---_, 20..17
The estimate of construction quantities hereinbefore set forth is approximate only, being given as a basis for the comparison of bids and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or expedient by the City.
If this proposal shall be accepted and the undersigned shall fail to contract as aforesaid and to furnish bonds as provided in said specifications with sureties satisfactory to the City within ten (10) calendar days after the bidder has received notice from said City that the contract is ready for signature, the City may at its option, determine that the bidder has abandoned the contract, and the forfeiture of such security accompanying this proposal shall operate and the same shall be the property of the City.
Enclosed find cash, certified check, cashier's check or bidder's bond which is not less than ten per cent (10%) of this bid, payable to the City Clerk and which is given as a guarantee that the undersigned will enter into the contract if awarded the work.
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From: City of Hollister
375 Fifth Street
Hollister, CA 95023
TO: Prospective Bidders
ADDENDUM NUMBER NO. 1
FOR
Sally Street Traffic Calming Project
CIP C2201
This addendum forms a part of the Contract Documents dated April2022 as noted herein. The following changes, additions, clarifications or deletions shall be made to the referenced documents as follows. All other conditions shall remain the same.
Each Bidder shall acknowledge receipt of this addendum by completing the acknowledgement at the end of this addendum and by confirming receipt of this addendum on the Contract Bid Form. Failure to do so may subject the bidder to disqualification.
The following changes or clarifications have been made to the Bid Documents:
A non-mandatory Pre-bid meeting was held via zoom on May 11, 2022 at 10:00 am. The sign in sheet is attached
Please see the list of questions that were asked during this meeting and all questions received as of this date/time.
1. Question: Bid item 4-base failure repair, plans say to look at typical for thickness of repair, but there is no thickness on sheet C-004. Please clarify thickness.
Answer: Base thickness is unknown and to be determined upon excavation. For bid quantity assume 12" depth.
2. Question: Bid items 32 and 33 Reconnect/extend existing water service. It sounds like we leave existing service line in place and just connect a new short piece tubing to the existing service line with a repair coupling and connect to the new corp stop? Please clarify if this is correct or do we replace the whole service line with a new service line. Answer: Bid item 32/33 will be revised to new service line from the new water main to the existing meter. Remove existing service line.
Bid item 32 to be revised for 71 total connects, omit bid item 33. Updated bid proposal and Items of Construction are included as part of this addendum.
3. Question: Bid item 310 remove existing water main. Bid item says remove, a lot oftimes small diameter pipe can be cut and plugged. Would that be an option to consider? Answer: The existing line is a shallow 8" DIP and is to be removed
4. Question: There are a few spots of curb and gutter to rem/replace, no item for it? Answer: Bid items to be added for curb and gutter remove and replace that is separate from curb ramp work. Engineer estimate approximately 70 LF with exact length to be determined in the field to repair damaged curb section. Removal will be itemized as bid item 33 with new curb and gutter as item 35. Updated bid proposal and Items of Construction are included as part of this addendum.
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City of Hollister
Sally Street Traffic Calming Project, CIP C2201
Addendum No. 1
5. Question: Does the City have an Engineers estimate for the job? Answer: UPDATED Engineers estimate is $1,456,407.00. Bidding contractors shall be responsible for their own quantity estimates.
6. Question: At Nash Rd, a piece of sidewalk to rem/replace no item.
Answer: Bid item to be added for sidewalk remove and replace that is separate from curb ramp work. Removal will be itemized as bid item 33 with new sidewalk as item 34. Updated bid proposal and Items of Construction are included as part of this addendum.
7. Question: Sheet C-003 has the details for the traffic circle signs, detail 3 calls out Safepace (yellow) 12 radar speed feedback signs installed on all 4? Detail 7 calls out Traffic Circle signs on all 47 Please clarify what goes in the traffic circles.
Answer: Detail 3 note 4 to be removed. Detail 5 shows signs to be installed on all 4 direction with typical note referring to details 3 and 7.
8. Question: Please provide a detail for trench restoration within grind/overlay areas.
Answer: Trench per City detail as called out on plans. Surface restoration per sheet C-500. No special trench detail necessary.
9. Question: What is the depth of the sand bedding?
Answer: Thickness of sand bedding as needed to set pavers flush with top of rubber curb.
10. Question: 4" or S" flexible rubber curb identified on the plans is to be paid under what item? In addition, is it the City's intent to use the curb shown on Detail 6 also on Plan Sheet C-003, which is called out for the median curb?
Answer: The rubber curb used for the traffic circles and intersection medians are covered by bid item 10; Detail 6 Sheet C-003.
11. Question: Plans call for new water main to be installed 1.5' away from the existing water main.
This is too close to safely keep the existing water service in service while installing the new main. Please advise if the distance between the existing and new water main can be increased.
Answer: The 1.5' offset was selected to maintain 10' separation outside diameter to the parallel sewer main. The contractor shall be responsible to identify the location of existing utilities at the start of construction and may suggest increased spacing from the existing water main if the minimum separation to the sewer line can be maintained.
Clarifications/Changes to bid documents:
A. Please remove the Items of Construction from original bid documents and replace with the attached items of construction.
B. Please remove the Bid Proposal form and replace with the attached UPDATED Bid Proposal form.
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City of Hollister
Sally Street Traffic Calming Project, CIP C2201
Addendum No.1
~ru..t.. t . ~mko
Renee Perales
CIP Manager
City of Hollister
5/18/2022
Date
Bidder shall sign below acknowledging the receipt of this addendum and submit with bid. ~ 06/08/22 r --Date
Monterey Peninsula Engineering
192 Healy Avenue, Marina, CA 93933
Company Name and Address
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From: City of Hollister
375 Fifth Street
Hollister, CA 95023
TO: Prospective Bidders
ADDENDUM NUMBER NO. 2
FOR
Sally Street Traffic Calming Project
CIP C2201
This addendum forms a part of the Contract Documents dated April2022 as noted herein. The following changes, additions, clarifications or deletions shall be made to the referenced documents as follows. All other conditions shall remain the same.
Each Bidder shall acknowledge receipt of this addendum by completing the acknowledgement at the end of this addendum and by confirming receipt of this addendum on the Contract Bid Form. Failure to do so may subject the bidder to disqualification.
The following changes or clarifications have been made to the Bid Documents:
Please see the list of questions that have been submitted as of this date/time.
1. Question: #8 on Addendum No. 1 states that trench restoration should be per sheet C-500 and that "No special trench detail is necessary." Does this mean that the HMA section over the top of the trench will be just the .29' overlay and that no additional AC/t-cut under the overlay is required?
Answer: The final lift can't be placed until subsurface work is complete.
2. Question: #11 on Addendum No. 1. There is concern with the 1.5' separation between the existing and new water main. How deep is the existing sewer paralleling the water line? If it is deeper, this may help reduce the lateral separation required.
Answer: The depth of the existing sewer is approximately 11' at the north end but unknown within project limits. Depth of pipe will not reduce the horizontal separation requirements.
3. Question: Per Addendum #1 Question #1 it states to use a depth of 12" for the base repairs but on your page IOC-2 "Items of Construction" it states to use a depth of 6" -please clarify.
Answer: Because existing roadway section is unknown a depth of 12" was assumed for maximum base repair depth which replaces the IOC-2 depth of 611 •
4. Question: Pay Item #33 states Remove Concrete (Curb and Gutter, Valley gutter, Sidewalk) - please identify the location of the valley gutter. The valley gutter shown on the plans is to be protected in place.
Answer: This is just typical pay item language there is no proposed removal of valley gutter for this project.
5. Question: Question #10 -Will the city be revising the quantity for the rubber curb? Since it is stated that all rubber curb will be paid under Bid Item #10 Answer: Yes bid item #10 to be updated to 371 LF total. Updated bid proposal will be included as part of this addendum.
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City of Hollister
Sally Street Traffic Calming Project, CIP C2201
Addendum No. Z
6. Question: Please confirm that at the corner of Hawkins Street and Sally Street, the City's intent is to only replace one ramp and the other is just detectable warning surface work? Answer: Correct, the SE corner is just detectable warning and existing ramp to remain.
7. Question: Item #3 is over quantity. Only 11 curb ramps to be removed and replaced. Please advise. If there is only 11 ramps being removed and replaced, the truncated dome item will also be incorrect.
Answer : The Item #3 has been updated to 11. The 13 truncated domes are correct as Sally and Olive NW corner has two distinct locations for the Case G ramp.
8. Question: What item is the Driveway to be removed and replaced to be paid under? Answer: Please see updated bid proposal. Item #36.
9. Question: Please provide more specific details regarding the brick pavers: color, size, etc.
Answer : Holland 8" x 4" Paver by Pacific Interlock or approved equal per requirements of ASTM C936-08.
10. Question: Per note 5 of Plan Sheet C-500 it references application of slurry seal does that apply to this project?
Answer : Slurry Seal does not pertain to this project.
11 . Question: It appears that there are more than the 4 utility to adjust to grade; what is the City's intent to deal with the other various utilities within the work area? In previous jobs there has been a utility adjustment item to cover the cost of lowering and raising the various utilities.
Answer: All utility structures affected by proposed paving to e set flus with finished grade and track total under bid item 8. Qty revised to 6.
CLARIFICATIONS/CORRECTIONS/ADDITIONS:
1. Please see the updated bid proposal form. There is a change to the quantities and units for items #3, 8, 10, 33, 34 & 35, 36.
2. Please add the following verbiage to the Items of Construction, item 36 .
36. MINOR CONCRETE (DRIVEWAY)
This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work.
Measurement: MINOR CONCRETE (DRIVEWAY) shall be measured on a square foot basis.
Payment: Payment for MINOR CONCRETE (DRIVEWAY) shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in MINOR CONCRETE (DRIVEWAY), at locations as directed by the Engineer.
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City of Hollister
Sally Street Traffic Calming Project, CIP C2201
Addendum No. 2
Payment adjustments based on quantity changes does not apply to this item. No adjustment in unit price will be made for either an i ncrease or decrease in the final quantity.
Renee Perales
CIP Manager
City of Hollister
May 20, 2022
Date
Bidder shall sign below acknowledging the recei t of this addendum and submit with bid. 06/08/22
Date
Monterey Peninsula Engineering
192 Healy Avenue Macina, CA 93933
Company Name and Address
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From: City of Hollister
375 Fifth Street
Hollister, CA 95023
TO: Prospective Bidders
ADDENDUM NUMBER NO. 3
FOR
Sally Street Traffic Calming Project
CIP C2201
This addendum forms a part of the Contract Documents dated April 2022 as noted herein. The following changes, additions, clarifications or deletions shall be made to the referenced documents as follows. All other conditions shall remain the same.
Each Bidder shall acknowledge receipt of this addendum by completing the acknowledgment at the end of this addendum and by confirming receipt of this addendum on the Contract Bid Form. Failure to do so may subject the bidder to disqualification.
The following changes or clarifications have been made to the Bid Documents:
The bid date has been postponed until June 1st, 2022 at 3pm.
The location of the bid opening and the link to attend the bid opening via zoom remains the same.
Renee Perales
CIP Manager
City of Hollister
May 25, 2022
Date
Bidder shall sign below acknowledging the receipt of this addendum and submit with bid.
Monterey Peninsula Engineering
192 Healy Avenue Marina QA 93933
Company Name and Address
06/08/22
Date
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From: City of Hollister
375 Fifth Street
Hollister, CA 95023
TO: Prospective Bidders
ADDENDUM NUMBER NO. 4
FOR
Sally Street Traffic Calming Project
CIP C2201
This addendum forms a part of the Contract Documents dated April 2022 as noted herein. The following changes, additions, clarifications or deletions shall be made to the referenced documents as follows. All other conditions shall remain the same.
Each Bidder shall acknowledge receipt of this addendum by completing the acknowledgement at the end of this addendum and by confirming receipt of this addendum on the Contract Bid Form. Failure to do so may subject the bidder to disqualification.
The following changes or clarifications have been made to the Bid Documents:
Replace the first paragraph under "03250 GEOSYNTHETIC FABRIC" on page IOC-2 with:
Furnish and install geosynthetic fabric as shown on the plans . Geosynthetic fabric shall be fiberglass with integrated tack film (TF) paving grid HMA reinforcement system, as specified below. As an alternative, GlasGrid 8511 may be used. Install GlasGrid 8511 with a trackless tack and let it break prior to installing GlasGrid 8511. Follow all manufacturer recommendations for installation.
The bid date has been postponed until June 8th, 2022 at 3pm.
The location of the bid opening and the link to attend the bid opening via zoom remains the same.
Renee Perales
CIP Manager
City of Hollister
Bidder Signature Paul B Bruno, Manager
Monterey Peninsula Engineering
192 Healy Avenue Marina CA 93933
Company Name and Address
May 31, 2022
Date
eipt of this addendum and submit with bid.
06/08/22
Date
EXHIBIT 3
Instructions to Bidders
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ITB – 1
INSTRUCTIONS TO BIDDERS
A) GENERAL INFORMATION
The City of Hollister, California, will receive at the office of its City Clerk, 375 Fifth Street, Hollister, California until 3:00 pm May 25, 2022, at which time they will be publicly opened and read, SEALED PROPOSALS WITH “Sally Street Traffic Calming Project, CIP C2201” CLEARLY LABELED ON THE OUTSIDE FOR THE PERFORMANCE OF THE DESCRIBED WORK:
Said bids will be referred to and consid ered by the city council within 60 calendar days from said bid opening date.
B) PROPOSAL FORMS
All proposals must be made upon the “Schedule of Proposal” contained within the specifications.
All proposals must give the prices proposed in figures and must be signed by the bidder with his address. If the proposal is made by a firm or partnership, the name and post office address of each member of the firm or partnership must be shown. If made by a corporation, the proposal must show the name of the state under which laws of the corporation was chartered and the names, titles and business addresses of the president, secretary and treasurer.
C) BIDDER'S GUARANTY AND RETURN OF GUARANTY
All bids must be presented under sealed cover and shall be accompanied by cash, cashier's check, certified check, or bidder's bond made payable to the City Clerk of the City of Hollister, for an amount equal to at least ten percent (10%) of the said bid and no bid shall be considered unless such cash, cashier's check or bidder's bond shall become payable to the City of Hollister in case the bidder depositing same does not within ten (10) days after written notice that the contract has been awarded enter into a contract with the City. All certified or cashier's checks will be deposited pending award of contract. Return of deposited certified or cashier’s checks will take approximately 30 days from award of contract.
Bidders' bonds shall be issued by Sureties that conform to Subsection 2-4 CONTRACT BONDS of the City of Hollister Standard Specifications.
Upon request of the bidder, the City of Hollister will return the proposal guarantees accompanying such of the proposals that are not to be considered in making the award. All other proposal guarantees will be held until the contract has been finally executed, after which they will be returned to the respective bidders whose proposals they accompany upon request.
D) CONTRACT BONDS
Contract Bonds shall be provided in accordance with Subsection 2-4 Contract Bonds of the City of Hollister Standard Specifications. The successful bidder, simultaneously with the execution of the Agreement, will be required to furnish a labor and material bond and a faithful perfor mance bond, each equal in amount to one hundred percent (100%) of the total bid price; said bonds shall be secured by a surety satisfactory to the City. The faithful performance bond shall be made effective for a period of one (1) year after date of acceptance of the work guaranteeing the prompt correction of faulty workmanship and the replacement of defective materials. Bonds shall contain provisions to make them enforceable by the City. Said bonds shall contain a provision that the surety thereon waives the provisions of Section 2819 of the Civil Code of the State of California.
In lieu of said faithful performance bond for maintenance, the Contractor may furnish a F.3.c
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maintenance bond in the amount of 10% of the total contract price to cover the one year warranty period. Whenever any surety or sureties on any bonds, or on any bonds required by law for the protection of the claims or laborers and materials men, become insufficient, or the City of Hollister has cause to believe that such surety or sureties have become insufficient, a demand in writing may be made of the contractor for such further bond or bonds or additional surety not exceeding that originally required, as is considered necessary, considering the extent of the work remaining to be done. Thereafter no payment shall be made upon such contract or any assignee o f the Contractor until such further bond or bonds or additional surety has been furnished.
E) REJECTION OF PROPOSALS CONTAINING ALTERATIONS, ERASURES OR
IRREGULARITIES
Proposals may be rejected if they show any alteration of form, additions not called for , conditional or alternative bids, incomplete bids, erasures, or irregularities in the proposal.
The right is reserved to reject any and all proposals and to waive any informalities or irregularities in the proposal.
F) AWARD OF CONTRACT
The award of the contract, if it is awarded, will be made within Sixty (60) calendar days after the opening of the proposals.
G) EXECUTION OF CONTRACT
The Contract shall be signed by the successful bidder and returned, together with the contract bonds, within ten (10) days after the bidder has received notice that the contract has been awarded. No proposal shall be considered binding upon the City until the execution of the contract.
Failure to execute a contract and file acceptable bonds as provided herein within ten c alendar days after the bidder has received notice that the contract has been awarded, shall be just cause for the annulment of the award and the forfeiture of the proposal guaranty.
H) STANDARD SPECIFIC ATIONS
The work embraced herein shall be done in accordance with the appropriate provisions of the latest City of Hollister standard specifications, which shall be referred to as the “Standard Specifications” and any amendments thereto. Incorporated into the “Standard Specifications” are the latest edition and supplement, in effect at the time of advertisement of the work for bid, of the Southern California APWA “Standard Specifications for Public Works Construction” which shall be referred to as the “Green Book”.
The APWA Green Book Specifications may be obtained from Building News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, (213) 202-7775.
The latest edition of the “CALIFORNIA MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES FOR STREETS AND HIGHWAYS, REVISION 3”, as issued by CALTRANS, are hereby incorporated into these specifications.
I) SUPPLEMENTAL PLANS AND SPECIFICATIONS
A portion of the work herein shall be completed in accordance with the Standard Plans and Specifications as published by the State of California, Department of Transportati on (Caltrans), F.3.c
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latest edition. Only those items which call out to be installed per Caltrans Specifications shall utilize said supplemental specifications. Sections 1 through 9 of these Caltrans Specifications shall be omitted in its entirety.
J) EXAMINATION OF PLANS, SPECIFICATIONS, SPECIAL PROVISIONS, AND SITE OF WORK
The bidder is required to examine carefully the sites of, and the proposal, plans, specifications, and contract forms for, the work contemplated, and it will be assumed that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and quantities of work to be performed and materials to be furnished, and as to the requirements of the specifications and the special provisions and the contract. It is mutually agreed that submission of a proposal shall be considered prima facie evidence that he has done so.
K) WORKERS' COMPENSATION INSURANCE
Attention is directed to subsection 7-4 WORKERS' COMPENSATION INSURANCE of the City of Hollister Standard Specifications, and Section 5-4.3 of the Green Book. Before the Contract is entered into, the Bidder to whom it is awarded shall comply with the provisions of Subsection 7-4 WORKERS' COMPENSATION INSURANCE and Section 5-4.3 of the Green Book.
L) LIABILITY INSURANCE
Attention is directed to Subsection 7-3 LIABILITY INSURANCE of the City of Hollister Standard Specifications, and Section 5-4.2 of the Green Book. Before the Contract is entered into, the bidder to whom it is awarded shall comply with the provisions of Subsection 7-3 LIABILITY INSURANCE, and Section 5-4.2 of the Green Book. Where limits of liability conflict, the limits stated in the Green Book shall prevail.
M) PREVAILING WAGES APPLICABLE
Notice is hereby given that, pursuant to Section 1773 of the Labor Code of the State of California, the City has obtained from the Director of Industrial Relations the general prevailing rate of per diem wages and the general prevailing rate for holidays and overtime work for each craft, classification, or type of workman required to execute the contract. A copy of said prevailing rate of per diem wages is on file in the office of the City Clerk, to which reference is hereby made for further particulars. Said prevailing rate of per diem wages will be made available to any interested party upon request, and a copy thereof shall be posted at the job site.
N) DEPARTMENT OF INDUSTRIAL RELATIONS REGISTRATION
In accordance with California Labor Code Section 1725.5, Contractors and Subcontractors (as defined by California Labor Code Section 1722.1) bidding on Public Works contracts in California shall be registered with the Department of Industrial Relations prior to bidding.
Prior to award of contract, Contractor shall provide proof of on -line registration with the Department of Industrial Relations, including listed Subcontractors, by submitting a copy of the DIR database of registered Public W orks Contractors, which display Contractor/Subcontractors’ legal name, registration number, license type/number(s), registration date, and expiration date .
Proof of DIR registration is not required to be submitted with the Bid.
O) NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
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In accordance with Public Contract Code 7106 the attached “Noncollusion Declaration is to be Executed by Bidder and Submitted with Bid document.
P) HOURS OF CONSTRUCTION
In accordance with the City of Hollister Municipal Code section 17.16.100 “Noise”, Construction shall be limited between the hours as follows:
7:00 A.M. and 6:00 P.M. Monday through Friday
8:00 A.M. and 6:00 P.M. Saturday
Work is prohibited on Sundays and Federal Holidays
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EXHIBIT 4
Statement of Work
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STATEMENT OF WORK
A) LOCATION
Sally Street between Nash Road and Hawkins Street in the City of Hollister.
B) DESCRIPTION OF WORK
The project will reconstruct Sally Street between Nash Road and Hawkins Street in the City of Hollister. The project also includes replacement of the water main within Sally Street and each intersection within the project. The project will reconstruct the street and curb ramps. New roadway improvements will be conformed to private driveways.
C) CONTRACT DOCUMENTS
Contractor will be provided with one full PDF of the drawings and specifications/Project Manual.
No hard copy sets will be provided to the Contractor.
D) FIELD MEASUREMENT
The Contractor shall do all surveying deemed necessary by the Contractor, for the location of a control point and temporary bench mark. The Contractor shall be responsible for construction surveying to determine line and grade at no additional cost to the City.
E) TIME FOR COMPLETION
Work shall begin within ten (10) days after the written “Notice to Proceed” has been received by the Contractor.
The work shall be diligently prosecuted to completion before the expiration of sixty (60) working days from the date of Notice to Proceed. The date of the notice to proceed shall constitute day one (1) of the construction time allowed.
Contractor shall provide a project schedule at the construction kick -off meeting.
F) REGISTRATION OF CONTRACTORS
As stated in Notice Inviting Sealed Bids.
G) DELETION OF CONSTRUCTION ITEMS
The City reserves the option to delete any item or items of construction in entirety without penalty.
Section 2, “Scope of Work” of the Standard Specifications shall not apply.
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EXHIBIT 5
Items of Construction
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UPDATED ITEMS OF CONSTRUCTION PER
ADDENDUM NO. 1
ITEMS OF CONSTRUCTION
Payment on all items listed below shall include furnishing all materials, labor, tools, fittings, accessories, trenching, backfill and compaction, and equipment necessary to perform the work as specified herein.
All work is paid for through corresponding bid items and no additional compensation shall be provided.
1. MOBILIZATION/DEMOBILIZATION
This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work.
Measurement: MOBILIZATION/DEMOBILIZATION shall be measured on a lump sum basis.
Payment: Payment for MOBILIZATION/DEMOBILIZATION shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in MOBILIZATION/ DEMOBILIZATION. MOBILIZATION/DEMOBILIZATION shall be compensated according to the following schedule: 70% for completion of mobilization and 30% for completion of demobilization.
Compensation for mobilization/demobilization shall not exceed 2.5% of the contract total of the base bid not including the cost of mobilization/demobilization. There will be no additional cost for mobilization/demobilization if added alternate work is included.
2. TRAFFIC CONTROL AND CONSTRUCTION AREA SIGNS
This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work.
Measurement: TRAFFIC CONTROL AND CONSTRUCTION AREA SIGNS shall be measured on a lump sum basis.
Payment: Payment for TRAFFIC CONTROL AND CONSTRUCTION AREA SIGNS shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in TRAFFIC CONTROLAND CONSTRUCTION AREA SIGNS. TRAFFIC CONTROL AND CONSTRUCTOIN AREA SIGNS shall be compensated according to the following schedule: 70% for set up of traffic control and construction area signs and 30% for completion of traffic control and removal of construction area signs.
3. CURB RAMP DEMOLITION AND INSTALLATION
This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work.
Measurement: CURB RAMP DEMOLITION AND INSTALLATION shall be measured on a per each basis.
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Payment: Payment for CURB RAMP DEMOLITION AND INSTALLATION shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in CURB RAMP DEMOLITION AND INSTALLATION, at locations as directed by the Engineer.
4. BASE FAILURE REPAIR
This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work. Bidder should make assumption that base failure AC depth is 6".
Measurement: BASE FAILURE REPAIR (AC) shall be measured on a square foot basis .
Payment: Payment for BASE FAILURE REPAIR (AC) shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in BASE FAILURE (AC), at locations as directed by the Engineer. Payment for this item includes sawcutting, excavation, furnishing and installing hot mix asphalt, and all other work to complete base failure repair for AC roadway. Hot mix asphalt placed as part of this base failure work will not be measured and paid for separately.
Payment adjustments based on quantity changes does not apply to this item. No adjustment in unit price will be made for either an increase or decrease in the final quantity.
5. ASPHALT GEOSYNTHETIC INTERLAYER
This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work.
Measurement: ASPHALT GEOSYNTHETIC INTERLAYER shall be measured on a square yard basis Payment: Payment for ASPHALT GEOSYNTHETIC INTERLAYER shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved ASPHALT GEOSYNTHETIC INTER LA YER, including all work necessary to prepare the roadway surface to receive geosynthetic interlayer not paid for in other bid items.
6. COLD PLANE ASPHALT CONCRETE GRIND AND OVERLAY (0.29' DEPTH) This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work.
Measurement: COLD PLANE ASPHALT CONCRETE GRIND AND OVERLAY (0.29' DEPTH) IOC-2
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OVERLAY shall be measured on a cubic yard basis.
Payment: Payment for COLD PLANE ASPHALT CONCRETE GRIND AND OVERLAY (0.29' DEPTH) shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in COLD PLANE ASPHALT CONCRETE GRIND AND OVERLAY (0.29' DEPTH), including all work necessary to prepare the roadway surface to receive grind and overlay not paid for in other bid items.
7. INSTALL DETECTABLE WARNING
This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work.
Measurement: INSTALL DETECTABLE WARNING shall be measured on a per each basis.
Payment: Payment for INSTALL DETECTABLE WARNING shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in INSTALL DETECTABLE WARNING, including all work necessary to prepare the roadway to receive base failure repair not paid for in other bid items.
8. ADJUST UTILITY COVER TO GRADE
This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work.
Measurement: ADJUST UTILITY COVER TO GRADE shall be measured on a per each basis.
Payment: Payment for ADJUST UTILITY COVER TO GRADE shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in ADJUST UTILITY COVER TO GRADE.
9. ADJUST SURVEY MONUMENT TO GRADE
This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work.
Measurement: ADJUST SURVEY MONUMENT TO GRADE shall be measured on a per each basis.
Payment: Payment for ADJUST SURVEY MONUMENT TO GRADE shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in ADJUST SURVEY MONUMENT TO GRADE.
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10. ENGINEERED RUBBER CURB
This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work.
Measurement: ENGINEERED RUBBER CURB shall be measured on a linear foot basis, based on the length of actual curb installed . Gaps between curbs will not be measured or paid for.
Payment: Payment for ENGINEERED RUBBER CURB shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in RUBBER CURB.
11. TRAFFIC CIRCLE DIRECTIONAL SIGN AND POST
This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work.
Measurement: TRAFFIC CIRCLE DIRECTIONAL SIGN AND POST shall be measured on a per each basis.
Payment: Payment for TRAFFIC CIRCLE DIRECTIONAL SIGN AND POST shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in TRAFFIC CIRCLE DIRECTIONAL SIGN AND POST. TRAFFIC CIRCLE DIRECTIONAL SIGN AND POST shall be compensated on a per each basis. Full compensation for all the required work involved is considered included in the unit prices paid for various items of works as contained in the proposal and no additional compensation shall be allowed therefore.
12. BRICK PAYERS (INCLUDING SAND BEDDING)
This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work.
Measurement: BRICK PAYERS (INCLUDING SAND BEDDING) shall be measured on a square foot basis.
Payment: Payment for BRICK PAYERS {INCLUDING SAND BEDDING) shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in BRICK PAVERS, including furnishing and installing sand bedding.
13. SPEED CUSHION
This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction IOC-4
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facilities; all as required for the proper performance and completion of the work.
Measurement: SPEED CUSHION shall be measured on a per each basis.
Payment: Payment for SPEED CUSHION shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in SPEED CUSHION, at locations as directed by the Engineer.
14. STOP APPROACH LINE
This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work.
Measurement: STOP APPROACH LINE shall be measured on a linear foot basis.
Payment: Payment for STOP APPROACH LINE shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in STOP APPROACH LINE. STOP APPROACH LINE shall be compensated on a linear foot basis. Full compensation for all the required work involved is considered included in the unit prices paid for various items of works as contained in the proposal and no additional compensation shall be allowed therefore.
15. THERMOPLASTIC TRIPLE FOUR CROSSWALK (WHITE) (CALTRANS STD PLN A24F) This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work.
Measurement: THERMOPLASTIC TRIPLE FOUR CROSSWALK (WHITE) shall be measured on a square foot basis.
Payment: Payment for THERMOPLASTIC TRIPLE FOUR CROSSWALK (WHITE) shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in THERMOPLASTIC TRIPLE FOUR CROSSWALK (WHITE). THERMOPLASTIC TRIPLE FOUR CROSSWALK (WHITE) shall be compensated on a square foot basis. Full compensation for all the required work involved is considered included in the unit prices paid for various items of works as contained in the proposal and no additional compensation shall be allowed therefore.
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16. THERMOPLASTIC BASIC CROSSWALK (WHITE) (CALTRANS STD PLN A24F) This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion ofthe work.
Measurement: THERMOPLASTIC BASIC CROSSWALK (WHITE) shall be measured on a square foot basis .
Payment : Payment for THERMOPLASTIC BASIC CROSSWALK (WHITE) shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in THERMOPLASTIC BASIC CROSSWALK (WHITE). THERMOPLASTIC BASIC CROSSWALK (WHITE) shall be compensated on a square foot basis. Full compensation for all the required work involved is considered included in the unit prices paid for various items of works as contained in the proposal and no additional compensation shall be allowed therefore.
17. THERMOPLASTIC PAVEMENT MARKING (GREEN)
This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work.
Measurement: THERMOPLASTIC PAVEMENT MARKING (GREEN) shall be measured on a square foot basis.
Payment: Payment for THERMOPLASTIC PAVEMENT MARKING (GREEN) shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in THERMOPLASTIC PAVEMENT MARKING (GREEN). THERMOPLASTIC PAVEMENT MARKING (GREEN) shall be compensated on a square foot basis. Full compensation for all the required work involved is considered included in the unit prices paid for various items of works as contained in the proposal and no additional compensation shall be allowed therefore.
18. THERMOPLASTIC PAVEMENT MARKING (WHITE)
This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work.
Measurement: THERMOPLASTIC PAVEMENT MARKING (WHITE) shall be measured on a square foot basis .
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Payment: Payment for THERMOPLASTIC PAVEMENT MARKING (WHITE) shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in THERMOPLASTIC PAVEMENT MARKING (WHITE). THERMOPLASTIC PAVEMENT MARKING (WHITE) shall be compensated on a square foot basis . Full compensation for all the required work involved is considered included in the unit prices paid for various items of works as contained in the proposal and no additional compensation shall be allowed therefore.
19. THERMOPLASTIC TRAFFIC STRIPE (CALTRANS STANDARD PLAN A20B, DETAIL 27B) This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work.
Measurement: THERMOPLASTIC TRAFFIC STRIPE (CALTRANS STANDARD PLAN A20B, DETAIL 27B) shall be measured on a linear foot basis, with no reduction in length for gaps in the striping. For example, 100 linear feet of detail 9, which includes gaps, will be measured and paid for as 100 linear feet.
Payment: Payment for THERMOPLASTIC TRAFFIC STRIPE (CALTRANS STANDARD PLAN A20B, DETAIL 27B) shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved THERMOPLASTIC TRAFFIC STRIPE (CALTRANS STANDARD PLAN A20B, DETAIL 27B). THERMOPLASTIC TRAFFIC STRIPE (CALTRANS STANDARD PLAN A20B, DETAIL 27B) shall be compensated on a linear foot basis. Full compensation for all the required work involved is considered included in the unit prices paid for various items of works as contained in the proposal and no additional compensation shall be allowed therefore.
20. THERMOPLASTIC TRAFFIC STRIPE (CALTRANS STANDARD PLAN A20D, DETAIL 39) This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work.
Measurement: THERMOPLASTIC TRAFFIC STRIPE (CALTRANS STANDARD PLAN A20D, DETAIL 39) shall be measured on a linear foot basis, with no reduction in length for gaps in the striping. For example, 100 linear feet of detail 9, which includes gaps, will be measured and paid for as 100 linear feet.
Payment: Payment for THERMOPLASTIC TRAFFIC STRIPE (CALTRANS STANDARD PLAN A20D, DETAIL 39) shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved THERMOPLASTIC TRAFFIC STRIPE (CALTRANS STANDARD PLAN A20D, DETAIL 39). THERMOPLASTIC TRAFFIC STRIPE (CALTRANS STANDARD PLAN A20D, DETAIL 39) shall be compensated on a linear foot basis. Full compensation for all the required work involved is considered included in the unit prices paid for various items of works as contained in the proposal and no additional compensation shall be allowed therefore.
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21. THERMOPLASTIC TRAFFIC STRIPE (CALTRANS STANDARD PLAN A20A, DETAIL 21) This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work.
Measurement: THERMOPLASTIC TRAFFIC STRIPE (CALTRANS STANDARD PLAN A20A, DETAIL 21) shall be measured on a linear foot basis, with no reduction in length for gaps in the striping. For example, 100 linear feet of detail 9, which includes gaps, will be measured and paid for as 100 linear feet.
Payment: Payment for THERMOPLASTIC TRAFFIC STRIPE (CALTRANS STANDARD PLAN A20A, DETAIL 21) shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved THERMOPLASTIC TRAFFIC STRIPE (CALTRANS STANDARD PLAN A20A, DETAIL 21). THERMOPLASTIC TRAFFIC STRIPE (CAL TRANS STANDARD PLAN A20A, DETAIL 21) shall be compensated on a linear foot basis. Full compensation for all the required work involved is considered included in the unit prices paid for various items of works as contained in the proposal and no additional compensation shall be allowed therefore.
22. THERMOPLASTIC STRIPE (6" YELLOW)
This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work.
Measurement: THERMOPLASTIC STRIPE (6" YELLOW) shall be measured on a linear foot basis, with no reduction in length for gaps in the striping. For example, 100 linear feet of detail 9, which includes gaps, will be measured and paid for as 100 linear feet.
Payment: Payment for THERMOPLASTIC STRIPE (6" YELLOW) shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in THERMOPLASTIC STRIPE (6" YELLOW). THERMOPLASTIC STRIPE (6" YELLOW) shall be compensated on a linear foot basis. Full compensation for all the required work involved is considered included in the unit prices paid for various items of works as contained in the proposal and no additional compensation shall be allowed therefore.
23. THERMOPLASTIC STRIPE (6" WHITE)
This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work.
Measurement: THERMOPLASTIC STRIPE (6" WHITE) shall be measured on a linear foot basis, with no IOC-8
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reduction in length for gaps in the striping. For example, 100 linear feet of detail 9, which includes gaps, will be measured and paid for as 100 linear feet.
Payment: Payment for THERMOPLASTIC STRIPE (6" WHITE) shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in THERMOPLASTIC STRIPE (6" WHITE). THERMOPLASTIC STRIPE (6" WHITE) shall be compensated on a linear foot basis. Full compensation for all the required work involved is considered included in the unit prices paid for various items of works as contained in the proposal and no additional compensation shall be allowed therefore.
24. ROADSIDE SIGN
This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work.
Measurement: ROADSIDE SIGN shall be measured on a per each basis.
Payment: Payment for ROADSIDE SIGN shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in ROADSIDE SIGN. Two signs installed on one post are paid as two units. Roadside sign installed on existing post is measured and paid for as ROADSIDE SIGN.
25. INSTALL 8" PVC WATER MAIN
This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work.
Measurement: INSTALL 8" PVC WATER MAIN shall be measured on a linear foot basis.
Payment: Payment INSTALL 8" PVC WATER MAIN shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in INSTALL 8" PVC WATER MAIN, at locations as directed by the Engineer.
26. INSTALL PVC TEE & CONNECT TO EX WATER MAIN
This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work.
Measurement: INSTALL PVC TEE & CONNECT TO EX WATER MAIN shall be measured on a per each IOC-9
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basis.
Payment: Payment for INSTALL PVC TEE & CONNECT TO EX WATER MAIN shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in INSTALL PVC TEE & CONNECT TO EX WATER MAIN, at locations as directed by the Engineer.
27. INSTALL PVC CROSS & CONNECT TO EX WATER MAIN
This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work.
Measurement: INSTALL PVC CROSS & CONNECT TO EX WATER MAIN shall be measured on a per each basis.
Payment: Payment for INSTALL PVC CROSS & CONNECT TO EX WATER MAIN shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in INSTALL PVC CROSS & CONNECT TO EX WATER MAIN, at locations as directed by the Engineer.
28. INSTALL 90 DEG BEND WITH THRUST BLOCK
This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work.
Measurement: INSTALL 90 DEG BEND WITH THRUST BLOCK shall be measured on a per each basis.
Payment: Payment for INSTALL 90 DEG BEND WITH THRUST BLOCK shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in INSTALL 90 DEG BEND WITH THRUST BLOCK, at locations as directed by the Engineer.
29. INSTALL GATE VALVE
This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work.
Measurement: INSTALL GATE VALVE shall be measured on a per each basis.
Payment : Payment for INSTALL GATE VALVE shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in INSTALL GATE VALVE, IOC-10
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at locations as directed by the Engineer.
30. INSTALL FIRE HYDRANT CONNECTION
This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work.
Measurement: INSTAU FIRE HYDRANT CONNECTION shall be measured on a per each basis.
Payment: Payment for INSTALL FIRE HYDRANT CONNECTION shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in INSTALL FIRE HYDRANT CONNECTION, at locations as directed by the Engineer.
31. REMOVE EXISTING WATER MAIN
This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work.
Measurement: REMOVE EXISTING WATER MAIN shall be measured on a linear foot basis.
Payment: Payment for REMOVE EXISTING WATER MAIN shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in REMOVE EXISTING WATER MAIN, at locations as directed by the Engineer.
32. RECONNECT WATER SERVICE TO NEW MAIN
This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work.
Measurement: RECONNECT WATER SERVICE TO NEW MAIN shall be measured on a per each basis.
Payment: Payment for RECONNECT WATER SERVICE TO NEW MAIN shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in RECONNECT WATER SERVICE TO NEW MAIN, at locations as directed by the Engineer.
33. REMOVE CONCRETE (CURB AND GUTTER, VALLEY GUTTER, SIDEWALK) This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work.
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Measurement: REMOVE CONCRETE (CURB AND GUTTER, VALLEY GUTTER, SIDEWALK) shall be measured on a square foot basis.
Payment: Payment for REMOVE CONCRETE (CURB AND GUTTER, VALLEY GUTTER, SIDEWALK) shall include full compensation for providing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in REMOVE CONCRETE (CURB AND GUTTER, VALLEY GUTTER, SIDEWALK), at locations as directed by the Engineer.
Payment adjustments based on quantity changes does not apply to this item. No adjustment in unit price will be made for either an increase or decrease in the final quantity.
34. MINOR CONCRETE (SIDEWALK)
This work shall consist of the obtaining of all ·bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work.
Measurement: MINOR CONCRETE (SIDEWALK) shall be measured on a square foot basis.
Payment: Payment for MINOR CONCRETE (SIDEWALK) shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in MINOR CONCRETE (SIDEWALK), including furnishing and placing aggregate base, at locations as directed by the Engineer.
Aggregate base placed under sidewalk is measured and paid for as minor concrete (sidewalk).
Payment adjustments based on quantity changes does not apply to this item. No adjustment in unit price will be made for either an increase or decrease in the final quantity.
35. MINOR CONCRETE (CURB AND GUTTER)
This work shall consist of the obtaining of all bonds, insurance, and permits; preparation and approval of a construction schedule; moving on and off the site all needed equipment, and other construction facilities; all as required for the proper performance and completion of the work.
Measurement: MINOR CONCRETE (CURB AND GUTTER) shall be measured on a square foot basis.
Payment: Payment for MINOR CONCRETE (CURB AND GUTTER) shall include full compensation for providing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in MINOR CONCRETE (CURB AND GUTTER), at locations as directed by the Engineer.
Aggregate base placed under curb and gutter is measured and paid for as minor concrete (curb and gutter).
Payment adjustments based on quantity changes does not apply to this item. No adjustment in unit price will be made for either an increase or decrease in the final quantity.
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EXHIBIT 6
Designation of Subcontractors
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DESIGNATION OF SUBCONTRACTOR
In compliance with the provisions of Section 4100-4107 of the Government Code of the State of California, and any amendments thereof, each bidder shall set forth below the name and location of the mill, shop or office of each Subcontractor who will perform work or labor or render service to the Contractor in or about the construction of the work or improvement to be performed under these specifications and the portion of the work which will be done by each Subcontractor.
If the Contractor fails to specify a Subcontractor for any portion of the work to be performed under the contract, he shall be deemed to have agreed to perform such portion himself, and he shall not be permitted to subcontract that portion of the work except under the conditions hereinafter set forth.
Subletting or subcontracting of any portion of the work as to which no subcontractor was designated in the original bid shall be permitted in cases of public emergency or necessity, but only after a finding, reduced in writing, as a public record of the City.
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EXHIBIT 7
Non-Collusion Declaration
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The undersigned declares:
I am the Manager
bid.
NONCOLLUSION DECLARATION TO BE EXECUTED BY
BIDDER AND SUBMITTED WITH BID
of Monterey Peninsula Engioeeciag, the party making the foregoing 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 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 06/08/22 (date), at __ M_ar_in_a ______ _ (City), CA (State).
Monterey Peninsula Engineering N/~ ?~~~====---------
Paul B Bruno, Manager
Printed Name
EXHIBIT 8
General Conditions
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TABLE OF CONTENTS
PAGE
SECTION 1 DEFINITIONS AND TERMS ................................................................................ 1 G1.01 GENERAL ............................................................................................................... 1 G1.02 DEFINITIONS ......................................................................................................... 1 G1.03 ABBREVIATIONS .................................................................................................. 5 SECTION 2 PROPOSAL REQUIREMENTS, INSTRUCTIONS TO BIDDERS ................. 8 G2.01 OBTAINING PROPOSAL FORMS ..................................................................... 8 G2.02 ENGINEER'S ESTIMATE..................................................................................... 8 G2.03 EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF WORK ...... 8 G2.04 SURFACE TOPOGRAPHY; SUBSURFACE CONDITIONS DATA .............. 8 G2.05 EXPLANATIONS ................................................................................................... 9 G2.06 PREPARATION OF PROPOSALS ..................................................................... 9 G2.07 SUBMISSION OF PROPOSALS ........................................................................ 9 G2.08 LIST OF SUBCONTRACTORS ........................................................................... 9 G2.08A IDENTIFICATION OF SURETY COMPANY FURNISHING
PERFORMANCE AND PAYMENT BONDS ................................................... 10 G2.09 PROPOSAL GUARANTY ................................................................................... 10 G2.10 NON-COLLUSION DECLARATION. ................................................................ 10 G2.11 WITHDRAWAL OF PROPOSALS .................................................................... 10 G2.12 PUBLIC OPENING OF PROPOSALS.............................................................. 10 G2.13 REJECTION OF PROPOSALS ......................................................................... 10 G2.14 DISQUALIFICATION OF BIDDERS ................................................................. 11 G2.15 LICENSING OF BIDDERS ................................................................................. 11 G2.16 RESPONSIBILITY OF BIDDERS ..................................................................... 11 G2.16A INELIGIBILITY OF CONTRACTORS ............................................................... 11 G2.17 RELIEF OF BIDDERS ........................................................................................ 11 G2.18 BID PROTEST PROCEDURE ........................................................................... 12 G2.19 CONTRACTOR AND SUBCONTRACTOR DIR REGISTRATION. ............. 12 G2.20 IRAN CONTRACTING ACT ............................................................................... 12 SECTION 3 AWARD AND EXECUTION OF CONTRACT ................................................. 13 G3.01 AWARD OF CONTRACT ................................................................................... 13 G3.02 TIME OF AWARD ................................................................................................ 13 G3.03 EXECUTION OF CONTRACT ........................................................................... 13 G3.04 CONTRACT BONDS .......................................................................................... 14 G3.05 FAILURE TO EXECUTE CONTRACT ............................................................. 14 G3.06 RETURN OF PROPOSAL GUARANTY .......................................................... 14 SECTION 4 SCOPE OF WORK ............................................................................................. 15 G4.01 INTENT OF CONTRACT DOCUMENTS ......................................................... 15 G4.02 EXAMINATION AND VERIFICATION OF CONTRACT DOCUMENTS ..... 15 G4.03 DIFFERING SITE CONDITIONS ...................................................................... 15 F.3.c
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G4.04 CHANGES; CONTRACT CHANGE ORDER .................................................. 16 G4.05 REQUEST FOR QUOTATIONS FOR CHANGE IN WORK ......................... 16 G4.06 PROPOSED CONTRACT CHANGE ORDER ................................................ 17 F.3.c
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G4.07 EXECUTED CONTRACT CHANGE ORDER ................................................. 17 G4.08 CONTRACT PRICE ADJUSTMENT ................................................................ 17 G4.09 PROTEST PROCEDURE .................................................................................. 18 G4.10 CONTINUANCE OF CONSTRUCTION ........................................................... 19 G4.11 FIELD CHANGES ................................................................................................ 19 G4.12 DETOURS ............................................................................................................ 19 G4.13 ARCHAEOLOGICAL DISCOVERIES .............................................................. 19 G4.14 PRESERVATION AND CLEANING.................................................................. 19 G4.15 GUARANTY OF WORK...................................................................................... 19 G4.16 CORRECTION OF WORK DURING WARRANTY PERIOD ........................ 20 G4.17 VALUE ENGINEERING ...................................................................................... 20 SECTION 5 CONTROL OF WORK ........................................................................................ 23 G5.01 AUTHORITY OF ENGINEER ............................................................................ 23 G5.02 CONTRACT DRAWINGS ................................................................................... 23 G5.03 SHOP DRAWINGS.............................................................................................. 23 G5.04 CONFORMITY WITH CONTRACT DOCUMENTS ........................................ 24 G5.05 COORDINATION AND INTERPRETATION OF CONTRACT
DOCUMENTS ...................................................................................................... 24 G5.06 ORDER OF WORK ............................................................................................. 25 G5.07 SUPERINTENDENCE ........................................................................................ 25 G5.08 LINES AND GRADES ......................................................................................... 25 G5.09 INSPECTION........................................................................................................ 26 G5.10 DOCUMENTS ON JOB SITE ............................................................................ 27 G5.11 CORRECTION, REMOVAL OF REJECTED WORK ..................................... 27 G5.12 EQUIPMENT AND PLANTS .............................................................................. 27 G5.13 CHARACTER OF WORKERS ........................................................................... 27 G5.14 FINAL INSPECTION ........................................................................................... 27 G5.15 SUBMITTAL OF AS-BUILT DATA .................................................................... 28 G5.16 EMERGENCIES .................................................................................................. 28 G5.17 RIGHTS-OF-WAY................................................................................................ 28 SECTION 6 CONTROL OF MATERIALS .............................................................................. 29 G6.01 SOURCE OF SUPPLY AND QUALITY OF MATERIALS ............................. 29 G6.02 CITY-FURNISHED MATERIALS ...................................................................... 29 G6.03 STORAGE OF MATERIALS .............................................................................. 30 G6.04 DEFECTIVE MATERIALS .................................................................................. 30 G6.05 TRADE NAMES AND ALTERNATIVES .......................................................... 30 G6.06 PLANT INSPECTION.......................................................................................... 30 G6.07 PRODUCT AND REFERENCE STANDARDS ............................................... 31 G6.08 SAMPLES ............................................................................................................. 31 G6.09 TESTING OF MATERIALS OR WORK............................................................ 31 G6.10 CERTIFICATE OF COMPLIANCE .................................................................... 32 SECTION 7 LEGAL RELATIONS AND RESPONSIBILITIES ............................................ 33 G7.01 LAWS TO BE OBSERVED ................................................................................ 33 G7.02 LABOR CODE REQUIREMENTS .................................................................... 33 G7.03 AIR POLLUTION CONTROL ............................................................................. 36 F.3.c
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G7.04 WATER POLLUTION CONTROL ..................................................................... 36 G7.05 REMOVAL, RELOCATION OR PROTECTION OF EXISTING
UTILITIES ............................................................................................................. 38 G7.06 SUBSURFACE EXCAVATIONS, NOTIFICATION ......................................... 38 G7.07 SOUND CONTROL REQUIREMENTS ............................................................ 39 G7.08 USE OF PESTICIDES ........................................................................................ 39 G7.09 WEIGHT LIMITATIONS ...................................................................................... 39 G7.10 PAYMENT OF TAXES ........................................................................................ 39 G7.11 PERMITS AND LICENSES ................................................................................ 39 G7.12 PATENTS.............................................................................................................. 40 G7.13 SAFETY REQUIREMENTS ............................................................................... 40 G7.14 TRENCH EXCAVATION SAFETY PLAN ........................................................ 41 G7.15 SANITARY PROVISIONS .................................................................................. 41 G7.16 PUBLIC CONVENIENCE ................................................................................... 41 G7.17 PUBLIC SAFETY ................................................................................................. 42 G7.18 PRESERVATION OF PROPERTY ................................................................... 42 G7.19 RESPONSIBILITY FOR DAMAGE ................................................................... 43 G7.20 RESPONSIBILITY FOR WORK AND MATERIALS ....................................... 44 G7.21 CONTRACTOR'S LIABILITY INSURANCE .................................................... 44 G7.22 PROPERTY INSURANCE ................................................................................. 46 G7.23 DISPOSAL OF MATERIAL OUTSIDE THE WORK SITE ............................. 47 G7.24 COOPERATION .................................................................................................. 47 G7.25 OCCUPANCY PRIOR TO ACCEPTANCE...................................................... 48 G7.26 ACCEPTANCE OF THE WORK ....................................................................... 48 G7.27 PROPERTY RIGHTS IN MATERIALS ............................................................. 48 G7.28 RIGHTS IN LAND AND IMPROVEMENTS ..................................................... 48 G7.29 ANTITRUST CLAIMS.......................................................................................... 48 G7.30 ACCESS TO THE WORK .................................................................................. 49 G7.31 PERSONAL LIABILITY ....................................................................................... 49 G7.32 THIRD PARTY RIGHTS ..................................................................................... 49 G7.33 INDEPENDENT CONTRACTOR STATUS ..................................................... 49 G7.34 HAZARDOUS CHEMICALS AND WASTES ................................................... 49 SECTION 8 PROSECUTION AND PROGRESS ................................................................. 50 G8.01 SUBCONTRACTING .......................................................................................... 50 G8.02 ASSIGNMENT...................................................................................................... 51 G8.03 NOTICE TO PROCEED ..................................................................................... 51 G8.04 BEGINNING OF WORK ..................................................................................... 51 G8.05 SCHEDULES AND PROGRESS REPORTS .................................................. 51 G8.06 SITE MEETINGS ................................................................................................. 52 G8.07 TIME OF COMPLETION .................................................................................... 52 G8.08 ADDITIONAL SHIFT WORK .............................................................................. 52 G8.09 CITY'S RIGHT TO STOP THE WORK ............................................................. 52 G8.10 LIQUIDATED DAMAGES ................................................................................... 52 G8.11 DELAYS AND EXTENSIONS OF TIME .......................................................... 53 G8.12 TERMINATION OF RIGHT TO PROCEED ..................................................... 54 G8.13 TERMINATION OF CONTRACT ...................................................................... 55 G8.14 CITY AND NON-CITY FACILITIES .................................................................. 57 F.3.c
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G8.15 TEMPORARY UTILITIES ................................................................................... 57 SECTION 9 MEASUREMENT AND PAYMENT ................................................................... 58 G9.01 MEASUREMENT OF QUANTITIES ................................................................. 58 G9.02 SCOPE OF PAYMENT ....................................................................................... 58 G9.03 FORCE ACCOUNT PAYMENT ......................................................................... 58 G9.04 FORCE ACCOUNT RECORDS ........................................................................ 64 G9.05 NOTICE OF POTENTIAL CLAIM ...................................................................... 65 G9.06 RECORDS ............................................................................................................ 65 G9.07 DISPUTE RESOLUTION.................................................................................... 66 G9.08 STOP PAYMENT NOTICES .............................................................................. 66 G9.09 PAYMENT SCHEDULES ................................................................................... 66 G9.10 PROGRESS ESTIMATES AND INVOICES FOR WORK
COMPLETED ...................................................................................................... 67 G9.11 RETENTION ......................................................................................................... 67 G9.12 PARTIAL PAYMENTS ........................................................................................ 67 G9.13 PAYMENT OF WITHHELD FUNDS ................................................................. 68 G9.14 PROMPT PAYMENT TO CONTRACTOR ...................................................... 68 G9.15 FINAL PAYMENT ................................................................................................ 68 F.3.c
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SECTION 1
DEFINITIONS AND TERMS
G1.01 GENERAL. Whenever the following abbreviations and terms, or pronouns in place of them, appear in the Contract Documents, the intent and meaning shall be interpreted as provided in this Section 1. Working titles having a masculine gender, such as "workman" and "flagman" and the pronoun "he," are utilized for the sake of brevity, and are intended to refer to persons of either sex.
G1.02 DEFINITIONS. As used herein, unless the context otherwise requires, the following terms have the following meaning:
Acceptance: The formal written acceptance by the City of an entire contract which has been completed in all respects in accordance with the Contract Documents.
Addenda: Written interpretations or revisions to any of the Contract Documents issued by the City before the bid opening.
Agents: The term "agents" means, in the case of the City, its Consulting Engineer, (if not the Engineer of the work and defined as the Engineer in the Contract Documents), the City Legal Counsel and others retained by the City to provide services associated with contract work.
As Approved: The words "as approved," unless otherwise qualified, shall be understood to be followed by the words "by the Engineer for conformance with the Contract Documents."
As -Built Drawings: Contract plans revised to reflect any modifications resulting during the construction phase and conditions found to differ from those shown on the contract plans.
As Shown; and As Indicated: The words "as shown" and "as indicated" shall be understood to be followed by the words "on the Contract Plans," "in the Specifications" or "by the Contract Documents" as appropriate.
Bidder: Any individual, firm, partnership, corporation or combination thereof, submitting a proposal for the work contemplated, acting directly or through a duly authorized representative.
Caltrans: The Department of Transportation, Business & Transportation Agency, State of California.
City: The City of Hollister.
City Manager: The City Manager of the City.
City Clerk: The City Clerk of the City.
Contract Change Order: An order authorized by the City and issued to the contractor amending the Contract Documents. An "approved Contract Change Order" is an order signed by the Engineer or the City Manager. An "executed Contract Change Order" is an order signed by the Engineer or the City Manager and the Contractor.
Contract: The written agreement covering the performance of the work and the furnishing of labor, materials, tools and equipment in the construction of the work. The Contract shall include the Contract Documents, and any and all supplemental agreements. Supplemental agreements are F.3.c
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written agreements covering alterations, amendments or extensions to the Contract and include contract change orders.
Contract Completion: The date the City accepts the entire work as being in compliance with the Contract Documents, or formally waives nonconforming work to the extent of nonconformity, and issues the final payment in accordance with Section 9 of these General Conditions.
Contract Documents: The Contract Documents consist of the Notice to Bidders; General Conditions; Special Provisions; Technical Specifications; Proposal (as accepted); Contract; Contract Drawings; Addenda; Change Orders and any other documents specified and required to be part of the Contract.
Contractor: The person or persons, firm, partnership, corporation or combination thereof, private or municipal, who enters into the Contract with the City. Requirements set out in the Contract Documents for the Contractor shall apply to all of the Contractor's agents, subcontractors and suppliers as applicable.
Contract Drawings: The official plans, profiles, cross sections, elevations, details, and supplemental drawings furnished by the Engineer, which show the locations, character, dimensions and details of the work to be performed. Contract Drawings may either be bound in the same book as the balance of the Contract Documents or bound in separate sets, and are a part of the Contract Documents regardless of the method of binding. Also referred to as "Contract Plans," "Plans," and "Drawings."
Council or City Council: The City Council of the City of Hollister.
County: The County of San Benito.
Days: Unless otherwise designated, "days" will be understood to mean calendar days.
Engineer: The City's Director of Public Works or City Engineer, unless otherwise defined in the Special Provisions. The term may also include representatives or agents of the City acting in contract administration capacities such as a Resident Engineer or Inspector when such inclusion is appropriate such as in the context of a Notice of Potential Claim and Safety Requirements.
Engineer's Estimate: The list of estimated quantities of work to be performed as may be contained in the Proposal Form.
Federal Agencies: Whenever, in the Specifications, reference is made to any Federal agency or officer, such reference shall be deemed made to any agency or officer succeeding, in accordance with law, to the powers, duties, jurisdiction and authority of the agency or officer mentioned.
Field Changes/Directives: A document that records minor variations or changes in the plans and/or specifications, which minor variations do not affect the basic design, schedule, compensation or other material terms of the contract.
Fixed Costs: Any necessary labor, material and equipment costs directly expended on the item or items under consideration, which remain constant regardless of the quantity of the work done.
General Notes: The written instructions, provisions, conditions or other requirements appearing on the Contract Drawings, and so identified thereon, which pertain to the performance of the work.
Legal Holidays: Those days designated as State holidays by the Government Code or declared by F.3.c
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the City Council.
Liquidated Damages: The amount prescribed in the Contract Documents to be paid to the City or to be deducted from any payments due or to become due the Contractor for each calendar day's delay in completing the whole, or any specified portion, of the work beyond the time allowed in the Contract Documents.
Notice to Proceed: A written notice given by the City to the Contractor fixing the date on which the Contract time will commence to run and on which the Contractor shall start to perform its obligation under the Contract Documents.
Office of the City: Whenever reference is made to the Office of the City or the City's office, such reference shall be deemed made to the City's office at 375 Fifth Street, Hollister, California 95023.
Or Equal: The term "or equal" shall mean that the "equal" product is the same or better than the product named in function, performance, reliability, quality and general configuration. Determination of equality in reference to the project design requirements will be made by the Engineer. Such equal products shall not be purchased or installed by the Contractor without written acknowledgment of the Engineer.
Owner: The City.
Plans: Refer to Contract Drawings.
Professional Engineer: An engineer licensed by the Board of Registration for Professional Engineers, State of California.
Project: A term sometimes used to reference the work of improvement called for under the Contract.
Proposal: The offer of the bidder for the work, when made out and submitted on the prescribed proposal form, properly signed and guaranteed.
Proposal Form: The approved form upon which the City requires formal bids be prepared and submitted for the work.
Proposal Guaranty: The cashier's check, certified check or Bidder's Bond accompanying the proposal submitted by the bidder, as a guaranty that the bidder will enter into a contract with the City for the performance of the work, if the Contract is awarded to him. Also referred to as "Bidder's Security."
Provide: The term "provide" shall be understood to mean "furnish and install, complete and in place."
Responsive: A "responsive" Proposal is one, which complies with the requirements prescribed herein for Proposals.
Responsible: A "responsible" proposer is one who has the ability and will to satisfactorily perform the contract as evidenced by the proposer's experience and skills in the kind of work contemplated by the contract, access to resources, financial stability, dependability and integrity and who has demonstrated trustworthiness, as well as quality of fitness.
Special Provisions: The Special Provisions are specific clauses setting forth conditions or requirements of the work and supplementary to these General Conditions. Also referred to as F.3.c
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"Supplementary Conditions."
Specifications: The term "Specifications" refers to those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards, and workmanship set forth in the latest edition of the City of Hollister Standard Specifications; the latest edition of the Greenbook; the latest edition of the California Manual on Uniformed Traffic Control Devices; and, the latest edition of the California Department of Transportation Standard Specifications, except Sections 1-9 are omitted in their entirety; as applied to the work and certain administrative details applicable thereto. Where standard specifications, such as those of ASTM, AASHTO, etc., have been referred to, the applicable portions of such standard specifications shall become a part of these Contract Documents. If referenced specifications conflict with Specifications contained herein, the requirements contained herein shall prevail. Also referred to as "Technical Specifications."
State: The State of California.
Substantial Completion: There is substantial completion or substantial performance of the contract when all essentials necessary to the full accomplishment of the purpose for which the things contracted for are performed with such an approximation to complete performance that the City obtains substantially what is called for by the contract. The City shall determine substantial completion in its own judgment.
Work: The term "W ork" includes all material, labor, tools, and all appliances, machinery, transportation, and appurtenances necessary to perform and complete the Contract, and such additional items not specifically indicated or described which can be reasonably inferred as belonging to the item described or indicated and as required by good practice to provide a complete and satisfactory system or structure.
Work Site: The area or areas of actual construction and the areas immediately adjacent thereto.
Note: The use of any particular gender pronoun shall mean either or both genders without qualification or reservation. The use of a particular pronoun is for convenience of document construction only.
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G1.03 ABBREVIATIONS. As used herein, unless the context otherwise requires, the following abbreviations have the following meanings:
AAMA Architectural Aluminum Manufacturers' Association
AAN American Association of Nurserymen
AASHTO American Association of State Highway and Transportation Officials
ACI American Concrete Institute
AFBMA Anti-Friction Bearing Manufacturers' Association
AGA American Gas Association
AGMA American Gear Manufacturers' Association
AIA American Institute of Architects
AIEE American Institute of Electrical Engineers
AISC American Institute of Steel Construction
AISI American Iron and Steel Institute
AITC American Institute of Timber Construction
AMCA Air Movement and Control Association
ANSI American National Standards Institute
APA American Plywood Association
APWA American Public Works Association
API American Petroleum Institute
AREA American Railway Engineering Association
ARI American Refrigeration Institute
ASA American Standards Association
ASHRAE American Society of Heating, Refrigeration and Air Conditioning Engineers
ASME American Society of Mechanical Engineers
ASTM American Society for Testing and Materials
AT&T American Telephone and Telegraph
AWG American Wire Gage
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AWPA American Wood Preservers' Association
AWS American Welding Society
AWWA American Water Works Association
CRSI Concrete Reinforcing Steel Institute
CS Commercial Standards (US Department of Commerce)
CSI Construction Specifications Institute
DOT United States Department of Transportation
EIA Electronic Industries Association
EPA Environmental Protection Agency
FGMA Flat Glass Marketing Association
FHWA Federal Highway Administration
FM Factory Mutual
FS Federal Specification
IAMPO International Association of Mechanical and Plumbing Officials
ICBO International Conference of Building Officials
IEEE Institute of Electrical and Electronics Engineers
NAAMM National Association of Architectural Metal Manufacturers
NBFU National Bureau Fire Underwriters
NEC National Electrical Code
NEMA National Electrical Manufacturers' Association
NFC National Fire Code
NFPA National Fire Protection Association
OSHA Occupational Safety and Health Administration
PEI Porcelain Enamel Institute
PG&E Pacific Gas and Electric Company
PS Product Standard (US Department of Commerce)
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PacBell Pacific Bell
SAE Society of Automotive Engineers
SCFM Standard Cubic Feet per Minute
SCPO Structural Clay Products Institute
SDR Standard Dimension Ratio
SMACNA Sheet Metal and Air Conditioning Contractors' National Association
SSPC Steel Structures Painting Council
TCA Tile Council of America
TPI Truss Plate Institute
UBC Uniform Building Code
UL Underwriters' Laboratory
UMC Uniform Mechanical Code
UPC Uniform Plumbing Code
WCLIB West Coast Lumber Inspection Bureau
WIC Woodwork Institute of California
WWPA Western Wood Products' Association
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SECTION 2
PROPOSAL REQUIREMENTS, INSTRUCTIONS TO BIDDERS
G2.01 OBTAINING PROPOSAL FORMS. Proposal forms and other bid documents shall be obtained electronically via the City of Hollister website at the following link:
http://www.hollister.ca.gov/services/open-bids-and-rfps/
G2.02 ENGINEER'S ESTIMATE. If an Engineer's Estimate of quantities is given in the Proposal, the quantities are approximate only, being given as a basis for the comparison of bids. The City does not, expressly or by implication, agree that the actual amount of work will correspond to the estimate. The City reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work.
G2.03 EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF WORK. The bidder shall examine carefully the Contract Documents and the site of work and shall inform himself of the conditions relating to the execution of the work. Failure to do so will not relieve the successful bidder of its obligation to enter into a Contract and complete the work in strict accordance with the Contract Documents. "Conditions relating to the execution of the work" include the requirements of federal, state and local laws, statutes and ordinances relative to the execution of the work, including, but not limited to, applicable regulations concerning minimum wage rates, non-discrimination in the employment of labor, protection of public and employee health and safety, and environmental protection. The submission of a Proposal shall be conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered, the character, quality and scope of work to be performed, the quantities of materials to be furnished and the requirements of the Contract Documents.
G2.04 SURFACE TOPOGRAPHY; SUBSURFACE CONDITIONS DATA. Where an investigation of surface topography and/or subsurface conditions has been conducted in areas where work is to be performed, prospective bidders may inspect the records of such invest igations at the City office subject to and upon the conditions set forth in these Contract Documents.
Investigations of surface topography and/or subsurface conditions were made for the purpose of study and design only and neither the City nor the Engineer(s) which conducted such investigations assumes any responsibility whatsoever in respect to the sufficiency or accuracy of the investigations thus made, the records thereof, or of the interpretations set forth therein or made by the City in its use thereof. There is no warranty or guaranty, either express or implied, that the conditions indicated by such investigations are representative of those existing throughout such areas, or any part thereof, or that unforeseen developments may not occur, or that materials other than or in proportions different from those indicated may not be encountered.
Logs of test borings, geotechnical reports, or topographic maps showing a record of the data obtained by the City's investigations of surface and subsurface conditions that are made available shall not be considered a part of the Contract Documents. Such logs, reports and maps represent only the opinion of the consultant retained by the City as to the character of the materials encountered by him in its investigations and are available only for the convenience of the bidder or Contractor.
The availability or use of information described in this Section G2.04 is not intended to be and shall not be construed to be a waiver of the provisions of Section G2.03, and will not relieve the bidder or Contractor from any risk, or from properly examining the site and making such additional investigations as he may elect, or from properly fulfilling all the terms of the Contract Documents.
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G2.05 EXPLANATIONS. Any explanation of the Contract Documents desired by a prospective bidder shall be requested in writing from the Engineer, and delivered to City no less than fourteen (14) calendar days prior to the date for opening of proposals. Any explanation, instruction, or change to Contract Documents will be made by written addendum, which will be mailed or delivered to each firm receiving a set of the Contract Documents. Upon mailing or delivery, such addendum will become a part of Contract Documents and binding on all bidders. The receipt of the addendum by the bidder shall be acknowledged and so noted in the space provided on the Proposal Form. All addenda shall be attached to the Proposal. Only written explanations, instructions or changes so given by the City will be effective. Oral explanations or instructions will not be binding on the City.
G2.06 PREPARATION OF PROPOSALS. The form of Proposal in this book, when filled out and executed by the bidder, shall be submitted as its bid. Bids not presented on such forms will be disregarded.
All blank spaces in the Proposal form must be filled in, as required, preferably in black ink. All price information shall be shown, clearly legible, in both words and figures, where required. No changes shall be made in the phraseology of the forms. Written amounts shall govern in the case of discrepancy between the amounts stated in writing and the amounts stated in figures. In case of discrepancy between unit prices and extended totals, unit prices shall prevail.
The bidder shall sign its Proposal in the blank space provided therefor. If bidder is the sole owner, the Proposal shall be signed by the owner. If the bidder is a corporation, it must be signed by two officers of the corporation consisting of (1) the chair of the board, president or vice-president; and (2) the secretary, assistant secretary, chief finance officer or assistant treasurer, or by a person authorized by the corporation to execute written contracts on its behalf, and the corporate seal affixed thereto. If the corporate seal is not affixed to the contract, or if it is executed by a person other than an officer, or by only one officer, there must be attached to the contract a certified copy of a resolution of the corporation authorizing such officer or person to execute written contracts for and on behalf of the corporation. If bidder is a partnership, the true name of the firm shall be set forth above, the names and addresses of all partners shall be given and the Proposal shall be signed by a partner in the firm authorized to sign contracts on behalf of the partnership. If the bidder is a joint venture, the Proposal shall be signed by each participating company by officers or other individuals who have the full and proper authorization to do so. If the Proposal is signed by an agent of the bidder other than an officer of a corporation or a member of a partnership, a notarized power -of-attorney must be on file with the Owner prior to opening of Proposals or must be submitted with the Proposal. If requested by the City, the bidder shall promptly submit evidence satisfactory to the City of the authority of the person signing the Proposal.
G2.07 SUBMISSION OF PROPOSALS. All Proposals must be submitted not later than the time prescribed, at the place, and in the manner set forth in the Notice to Bidders. Proposals must be made on the Proposal forms provided herewith. Proposals and other required forms may be copied and submitted as a separate package or may be left attached to this book. Any Proposal received after the prescribed time shall be rejected, regardless of whether or not Proposals are opened exactly at the prescribed time.
Each Proposal must be submitted in a sealed envelope. The envelope must be clearly marked to show the bidder's name and the Contract name, without being opened, and be addressed in conformance with the instructions in the Notice to Bidders.
G2.08 LIST OF SUBCONTRACTORS. The bidder shall submit with its Proposal, on the List of Subcontractors provided, the names and business addresses of each subcontractor who will perform work under this Contract in excess of 1/2 of 1 percent of the amount of the total Proposal, and F.3.c
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shall list the portion of the work which will be done by each such subcontractor. If the bidder fails to specify a subcontractor for any portion of the work, the bidder agrees to perform that portion of the work himself, and represents that he is qualified to perform that portion of the work himself.
G2.08A SURETY COMPANY FURNISHING PERFORMANCE AND
PAYMENT BONDS. The surety(ies) shall be California admitted insurer(s) with a high bond rating.
G2.09 PROPOSAL GUARANTY. All Proposals shall be accompanied by a cashier's check or certified check, payable to the City Clerk of the City, or a Bid Bond so payable executed by a corporation authorized to transact business as a surety in the State of California in an amount not less than 10 percent of the total amount of the Proposal submitted.
This bid security shall be given as a guaranty that the bidder will not withdraw its Proposal for ninety (90) days after bid opening, and that if awarded the Contract, the successful bidder will execute the attached Contract and furnish a properly executed Performance Bond and Payment Bond each in the full amount of the Contract price within the time specified.
If the bidder elects to furnish a Bid Bond, he shall use the Bid Bond form bound herewith; additional forms may be obtained from the City. The Attorney-in-Fact who executes this bond on behalf of the surety must attach a notarized copy of its power-of-attorney as evidence of its authority to bind the surety on the date of execution of the bond. Any conditions or limitation placed upon said check o r any alteration of the form of said bond, or imperfection in the execution thereof, will render it informal and may, at the option of the City, result in the rejection of the Proposal.
If the Bidder elects to furnish a cashier's check, he shall also submit therewith the Bid Security Form included herewith.
G2.10 NON-COLLUSION DECLARATION. All Proposals shall be accompanied by an executed non-collusion declaration in the form required by Public Contract Code Section 7106.
G2.11 WITHDRAWAL OF PROPOSALS. A bidder may withdraw its Proposal at any time prior to the time fixed in the Notice to Bidders for the opening of bids only by filing a written notice with the City. The notice shall be executed by the bidder in conformance with Section G2.06. A telegraphic or telefax notice of withdrawal is not effective. Withdrawal of a Proposal does not prejudice the right of a bidder to submit a new Proposal. No Proposal may be withdrawn after the time scheduled for opening of Proposals, unless and until the time specified in Section G3.02, Time of Award, has elapsed.
G2.12 PUBLIC OPENING OF PROPOSALS. Proposals will be opened and read aloud publicly at the date, time and place designated in the Notice to Bidders. The City official opening the bids will determine the official time and such determination will be final.
G2.13 REJECTION OF PROPOSALS. Proposals may be rejected if they show such items as: any alteration of form; additions not called for; conditional bids; incomplete bids; erasures; irregularities which make the Proposals incomplete, indefinite or ambiguous; obviously unbalanced F.3.c
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prices; no acceptable Bid Security; or if the Proposal is not properly executed.
G2.14 DISQUALIFICATION OF BIDDERS. More than one Proposal from an individual, firm, partnership, corporation or combination thereof under the same or different names will not be considered. Reasonable grounds for believing that any individual, firm, partnership, corporation or combination thereof is interested in more than one Proposal for the work contemplated may cause the rejection of all Proposals in which such individual, firm, partnership, corporation or combination thereof is interested. If there is reason for believing that collusion exists among the bidders, any or all Proposals may be rejected. A party who has quoted prices on materials or work to a bidder is not thereby disqualified from quoting prices to other bidders, or from submitting a bid direc tly for the materials or work. A Proposal may be rejected on the basis of a bidder, any officer of such bidder, or any employee of such bidder who has a proprietary interest in such bidder, having been disqualified, removed, or otherwise prevented from bidding on, or completing, a federal, state or local project because of a violation of law or a safety regulation.
G2.15 LICENSING OF BIDDERS. Bidders and their proposed subcontractors shall hold such licenses as may be specified in the Notice to Bidders and as may be required by Division 3, Chapter 9 of the California Business and Professions Code concerning the licensing of contractors.
As a matter of bidder responsibility, each bidder shall be properly licensed in accordance with the laws of the State of California at the time of bid opening. Failure to be so licensed may be reason to reject a bid totally in the sole discretion of the City. If the bid is submitted by a joint venture, then each member of the joint venture must be licensed at the time of bid opening, but a joint venture license is not required until contract award.
G2.16 RESPONSIBILITY OF BIDDERS. Bidders shall, if requested by the City, submit a statement of qualifications which shall include experience in the type of work to be performed, financial condition, available construction equipment, and listing of all agencies for which work has been performed during the past two years. The City may reject the Proposal of any bidder on the basis of insufficient work experience and/or skills in the kind of work contemplated in the contract, insufficient financial capability, inadequate equipment, poor performance on work previously completed for the City or other agencies, or previous violation of safety or other legal requirements resulting in disqualification or otherwise being prevented from bidding on federal, state or local agency projects.
To be responsible a bidder must have clearly demonstrated trustworthiness as well as quality of fitness, capacity and experience to satisfactorily perform the contract.
G2.16A INELIGIBILITY OF CONTRACTORS. Pursuant to Public Contract Code Section 6109, by submitting its bid, a bidder certifies that it has not been deemed ineligible to bid, work on or be awarded a public works project pursuant to California Labor Code Sections 1777.1 or 1777.7 and that it will not use any subcontractors to perform work on the public works project that have been deemed ineligible to perform work on a public works project pursuant to California Labor Code Sections 1777.1 and 1777.7. Any contract on a public works project between a contractor and a debarred subcontractor is void as a matter of law. Any public money paid to a debarred subcontractor by the Contractor shall be returned to the City. The Contrac tor shall be responsible for the payment of wages to any workers of the debarred subcontractor who worked on the project.
G2.17 RELIEF OF BIDDERS. Pursuant to California Public Contract Code Section 5103, unless the City in its sole discretion elects otherwise, a bidder shall not be relieved of its bid nor shall any change be made in its bid because of mistake, but he may bring an action against the City in a court of competent jurisdiction in the county in which the bids were opened for the recovery of the amount forfeited, without interest or costs. In the event the bidder who brings an action against the F.3.c
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City fails to recover a judgment, the bidder shall pay all costs incurred by the City in the suit, including reasonable attorneys' fees to be fixed by the court.
If the bidder brings such action it shall be its responsibility to establish that:
a. A mistake was made;
b. He gave the City written notice within five (5) days after the opening of the Proposals of the mistake, specifying in the notice in detail how the mistake occurred;
c. The mistake made the Proposal materially different than he intended it to be; and
d. The mistake was made in filling out the Proposal and was not due to error in judgment nor to carelessness in inspecting the site of the work, nor in reading the Contract Documents.
G2.18 BID PROTEST PROCEDURE. The City maintains written protest procedures that must be followed for all bid protests. All protests must clearly specify in writing the grounds and evidence on which the protest is based. Protests based upon restrictive specifications or alleged improprieties in the bidding procedure which are apparent or reasonably should have been discovered prior to the bid opening shall be filed in writing with the City Clerk, at least five (5) calendar days prior to bid opening. Protests based upon alleged improprieties that are not apparent or which could not reasonably have been discovered prior to bid opening shall be submitted in writing to the City clerk, within forty-eight (48) hours from receipt of notice from the City advising of the recommendation for award of contract.
Copies of the complete bid protest procedures are available at office of the City Engineer. (Administrative Standard Procedures Number 1-15)
Failure to comply with any of the requirements set forth in the City's written bid protest procedures may result in rejection of the protest.
G2.19 CONTRACTOR AND SUBCONTRACTOR DIR REGISTRATION. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code section 1725.5 at the time of bid.
For federally funded projects, the contractor and subcontractors must be registered at the time of contract award. (See Labor Code section 1771.1(a).)
This Contract is subject to monitoring and enforcement by the DIR pursuant to Labor Code Section 1771.4. The Contractor must post Site notices, as prescribed by regulation. (8 CCR 16451(d).)
G2.20 IRAN CONTRACTING ACT. By submission of the a bid, the undersigned Bidder certifies that it is not, at the time of bidding, on the California Department of General Services (DGS) list of persons determined to be engaged in investment activities in Iran or otherwise in violation of the Iran Contracting Act of 2010 (Public Contract Code Section 2200-2208).
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SECTION 3
AWARD AND EXECUTION OF CONTRACT
G3.01 AWARD OF CONTRACT. The City reserves, in its sole discretion, the right to reject any and all Proposals and to waive any informalities and irregularities in Proposals received, other provisions in the Contract Documents notwithstanding.
The Proposals will be compared on the basis of the Total Bid Price, which is the sum of the lump sum bid items and, for unit price items, the sum of the products of the Engineer's Estimate of quantities shown in the Proposal multiplied by the unit bid price. In the event of a discrepancy between the unit bid price and the extension price, the unit price shall govern. Any mathematical errors that appear on the face of the bid shall be corrected by the City and the City will use the mathematically correct total bid price in determining the lowest monetary bidder.
The award of the Contract, if it be awarded, will be made to the lowest responsible, responsive bidder.
In addition, the City reserves, in its sole discretion, the right to award the Contract for all or some of the bid items included in the Bid Schedule. The City may eliminate some of the bid items prior to or after award of the Contract due to budgetary constraints.
G3.02 TIME OF AWARD. Within sixty (60) days after the opening of Proposals, the City will either reject all Proposals or award the Contract to the lowest responsible, responsive bidder. If the lowest responsible, responsive bidder refuses or fails to execute the Contract and provide an acceptable Performance Bond, Payment Bond and insurance certificate(s), the City may award the Contract to the second lowest responsible, responsive bidder. Such award, if made, will be made within seventy-five (75) days after the opening of Proposals. If the second lowest responsible, responsive bidder refuses or fails to execute the Contract and provide an acceptable Performance Bond, Payment Bond and insurance certificate(s), the City may award the Contract to the third lowest responsible, responsive bidder. Such award, if made, will be made within ninety (90) days after the opening of Proposals. The periods of time specified above within which an award of Contract may be made shall be subject to extension for such further period as may be agreed upon in writing by the City and the bidder or bidders concerned.
G3.03 EXECUTION OF CONTRACT. The successful bidder shall, within fifteen (15) days after having received notice that the Contract has been awarded, sign and deliver to the Owner a Contract in the form hereto attached together with the Contract Bonds and insurance certificates executed as required in the Contract Documents. Within ten (10) days (not including Saturdays, Sundays and legal holidays) after receiving the signed Contract with acceptable bonds and insurance certificates from the successful bidder, the City will sign th e Contract. If the bidder is a corporation, it must be signed by two officers of the corporation consisting of (1) the chair of the board, president or vice-president; and (2) the secretary, assistant secretary, chief finance officer or assistant treasurer, or by a person authorized by the corporation to execute written contracts on its behalf, and the corporate seal affixed thereto. If the corporate seal is not affixed to the contract, or if it is executed by a person other than an officer, or by only one officer, there must be attached to the contract a certified copy of a resolution of the corporation authorizing such officer or person to execute written contracts for and on behalf of the corporation. If the Contractor is an individual, the contract shall be executed personally by the Contractor. If the Contractor is a co-partnership, it is desirable that the contract be executed by all of the partners, but it may be executed by one of them. If the Contractor is a joint venture, the contract must be executed on behalf of each participating firm by officers or other individuals who have the full and proper authorization to bind the joint venture. If the Contractor is an F.3.c
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LLC, the contract must be executed by an officer or member who has full and proper authorization to bind the LLC.
G3.04 CONTRACT BONDS. The bidder to whom the Contract is awarded shall furnish the following bonds ("Contract Bonds"):
a. Performance Bond, in an amount not less than 100 percent of the Contract price, to secure faithful performance of the and in the amount of not less than 10 percent (10%) of the Contract price to guarantee the correction of work during the warranty period of one year from the date final acceptance of the work by the City.
b. Payment Bond, in an amount not less than 100 percent of the Contract price, to secure payment of all persons supplying labor or materials for the construction of the work.
Contract bonds shall be on the forms bound herewith and shall be executed by an admitted surety insurer authorized to transact business in the State of California, with a financial condition and record of service satisfactory to City.
All alterations, extensions of time, extra and additional work and other changes authorized by the Contract Documents may be made without securing the consent of the surety or sureties on the Contract Bonds.
G3.05 FAILURE TO EXECUTE CONTRACT. Failure of a bidder to whom the Contract is awarded to promptly and properly execute the Contract or furnish acceptable Contract bonds, or certificates of insurance, shall be just cause for the annulment of the award and the forfeiture of such bidder's Proposal Guaranty. The Proposal Guaranty shall be retained by the City as liquidated damages and it is agreed that this sum is a fair estimate of the amount of damages the City will sustain in case the successful bidder fails to enter into a Contract.
G3.06 RETURN OF PROPOSAL GUARANTY. Within fifteen (15) days after the award of the Contract, the City will return the Bidder's Bond or the certified or cashier's check to all the Bidders except for the three lowest Bidders. When the Contract is executed, the bonds of the two remaining unsuccessful Bidders will be returned. Retained Proposal guaranties will be held until seventy-five (75) days after opening of Proposals or until a Contract has been finally executed, whichever occurs first, after which all Proposal guaranties, other than Bidder's Bonds and any guaranties that have been forfeited, will be returned.
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SECTION 4
SCOPE OF WORK
G4.01 INTENT OF CONTRACT DOCUMENTS. The Contract Documents are complementary, and what is called for by one shall be as binding as if called for by all. The intent of the Contract Documents is to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. When the Contract Documents describe portions of the work in general terms, but not in complete detail, it is understood that the best general practice shall be followed and only materials and workmanship of the best standard quality shall be used. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied, whether or not specifically called for. When words, which have a well-known technical or trade meaning, are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning.
Reference to standard specifications, manuals or codes of any technical society, organization or association, or to the laws or regulations of any governmental authority, whether s uch reference be specific or by implication, shall mean the latest standard specification, manual, code or laws or regulations in effect on the first published date of the Notice to Bidders, except as may be otherwise specifically stated. However, no provision of any referenced standard specification, manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall be effective to change the duties and responsibilities of City or Contractor, or any of their consultants, agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to City, or any of City's consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance of the work or any duty or authority to undertake responsibility contrary to the other provisions of the Contract Documents.
The Contract Documents are divided into parts, divisions and sections for convenient organization and reference. Generally, there has been no attempt to divide the specification sections into work performed by the various building trades, work by separate subcontractors, or work required for separate facilities in the project.
The City makes no warranty whatsoever, express or implied, with respect to the Contract Documents other than that the Contract Plans and Specifications were prepared by a professional engineer and/or professional architect registered to practice in the State of California and so endorsed.
G4.02 EXAMINATION AND VERIFICATION OF CONTRACT DOCUMENTS. The Contractor shall thoroughly examine and become familiar with all of the various parts of these Contract Documents and determine the nature and location of the work, the general and local conditions, and all other matters, which can in any way affect the work under this Contract. Failure to make an examination necessary for this determination shall not release the Contractor from the obligations of this Contract. No oral agreement or conversation with any officer, agent or employee of the Owner, or with the Engineer either before or after the execution of this Contract, shall affect or modify any of the terms or obligations contained in the Contract Documents.
G4.03 DIFFERING SITE CONDITIONS. Pursuant to Public Contract Code Section 7104, the Contractor shall promptly, and before such conditions are disturbed, notify the Engineer in writing of:
(1) material that the Contractor believes may be material that is hazardous waste, as defined in California Health and Safety Code Section 25117, that is required to be removed to a Class I, Class II F.3.c
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or class III disposal site in accordance with provisions of existing law, (2) subsurface or latent physical conditions at the site differing materially from those indicated in this Contract, or (3) unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract.
The Engineer shall promptly investigate the conditions. If the Engineer finds that such conditions do materially differ or do involve hazardous waste and cause an increase or decrease in the Contractor's cost of, or the time required for, performance of any part of the work under this Contract, whether or not changed as a result of such conditions, then an equitable adjustment shall be made and the Contract modified in accordance with the change order procedures set forth herein. In the event of any dispute between the City and the Contractor over the significance or existence of the changed conditions, the Contractor shall not be excused from the scheduled completion date set forth below, but shall retain such rights it may have as provided in these Contract Documents.
No claim of the Contractor under this clause shall be allowed unless the Contractor has given the notice required by this Section, except that the City may extend the prescribed time. No claim by the Contractor for an equitable adjustment hereunder shall be allowed if asserted after final payment under this Contract.
G4.04 CHANGES; CONTRACT CHANGE ORDER(S). The City may, without notice to the sureties, and without invalidating the Contract, at any time make alterations, deviations, additions to or deletions from the Contract Documents, and may increase or decrease the quantity of any item or portion of the work, or delete any item or portion of the work, and may require extra work, as deter - mined by the City to be necessary or advisable. All such work shall be performed under applicable provisions of the Contract Documents, unless specifically provided otherwise at the time the change is ordered.
Any such changes will be set forth in a written Contract Change Order issued by the City. The Contract Change Order will specify: (1) the work to be done in connection with the change to be made; (2) the amount of the adjustment of the Contract price, if any, and the basis for compensation for the work ordered; and (3) the extent of the adjustment in the Contract time, if any. A Contract Change Order shall not become effective until it has been signed by the Engineer or the City Manager; when signed by the Engineer or the City Manager it is an "approved Contract Change Order."
No changes or deviations from the Contract Documents shall be made without the authority of an approved Contract Change Order, except that in cases of emergency the Engineer may direct a change in writing. Upon receipt of such written directive, the Contractor shall proceed with the ordered work and the Engineer will prepare a written Contract Change Order for approval and issuance to the Contractor as soon thereafter as practicable.
Upon receipt of an approved Contract Change Order, the Contractor shall promptly proceed with the ordered work, unless otherwise provided in the approved Contract Change Order.
When ordered by the Engineer, the Contractor shall halt work in the area affected by a proposed change. Whenever it appears to the Contractor that a change is necessary, t he Contractor shall immediately, but no later than five (5) days after becoming aware of the need for a change, notify the Engineer of the change he believes necessary and the reasons for such change; however, work in the area affected shall not be discontinued unless ordered by the Engineer.
G4.05 REQUEST FOR QUOTATIONS FOR CHANGE IN WORK. City may request Contractor to provide quotations for performing proposed changes to the work. Such requests for F.3.c
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quotations shall not be considered authorization to proceed with the change prior to issuance of an approved Contract Change Order, nor shall such request justify any delay in executing existing work.
Contractor shall, upon such a request, provide quotations for increases or decreases in the Contract Price and the Contract time associated with performing the proposed change within the timeframe specified by the Engineer. Quotations shall be in the form specified by the Engineer and shall include substantiating documentation with an itemized breakdown of Contractor and Subcontractor costs, including labor, materials, rentals, services, overhead and profit. The cost of preparing such quotations is included in the Contract price and Contractor shall not be entitled to any additional compensation for preparing them. Failure of the Contractor to submit a quotation in the timeframe or form specified by the Engineer shall limit the effect of any protest to an Approved Change Order as set forth in Section G4.09.
G4.06 PROPOSED CONTRACT CHANGE ORDER. A Contract Change Order may be presented to the Contractor for its consideration prior to its having been approved. If the Contractor accepts the terms and conditions of such proposed Contract Change Order, and if the Contract Change Order is then approved and issued to the Contractor, the Contract Change Order shall be considered to be an executed Contract Change Order for all purposes to the same extent as if the Contract Change Order had been initially issued to the Contractor as an approved Contract Change Order. The City need not present a proposed Contract Change Order to the Contractor for its review prior to issuing it as an approved Contract Change Order.
G4.07 EXECUTED CONTRACT CHANGE ORDER. An approved Contract Change Order which has been signed by the Contractor is an "executed Contract Change Order." Compensation paid pursuant to Contract Change Orders shall comprise the total compensation for the work described in the Contract Change Order. By signing the Contract Change Order, the Contractor agrees that the specified compensation constitutes full compensation for the work or change, including but not limited to payment for interruption of schedules, extended overhead, home office overhead, delay or any other "impact" claim or "ripple effect" claim. By signing the Contract Change Order, the Contractor also specifically waives any reservation or claim for additional compensation or Contract time in respect to the Contract Change Order.
G4.08 CONTRACT PRICE ADJUSTMENT. If a Contract Change Order provides for an adjustment to the Contract price, the increased payment to Contractor, or the deduction to the credit of the City, shall be determined by one of the following methods, or a combination of these methods, as determined by the City and at its sole option:
A. Unit Prices. The unit prices set forth in the Proposal may be used where they are applicable. If the Contract Change Order increases or decreases the quantity of an item of work by more than twenty-five percent (25%), such that the application of unit prices in the Proposal will cause substantial inequity to the City or Contractor, unit prices will be adjusted by mutual agreement or, in the absence of agreement, as determined by the Engineer and subject to protest by the Contractor pursuant to Section G4.09. Unit prices for new items included in the Contract Change Order shall be as mutually agreed upon or, in the absence of agreement, as determined by the Engineer and subject to protest by the Contractor pursuant to Section G4.09.
Payment for any contract item of work which has a final total value of less than five percent of the total contract bid price will be made at the contract unit price regardless of increased or decreased quantities, if such unit price is to be used.
B. Lump Sum. A total lump sum addition or deduction from the Contract Price.
Lump sum quotations for changes to the work shall include substantiating documentation with an F.3.c
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itemized breakdown of Contractor and Subcontractor costs, including labor, materials, equipment rental, approved services, overhead and profit, all as negotiated. The costs of a negotiated change order for work performed by Contractor's own forces shall be limited to a maximum markup of fifte en percent (15%) to include up to ten percent (10%) for overhead and up to five percent (5%) for profit.
These percentages shall apply to subcontractor work also. Markups for items such as fringe benefits, liability insurance, social security and unemployment insurance, where proper and appropriate, shall be determined on the basis of actual costs as documented and supported by the contractor and subject to the approval of the Engineer. Where the whole or a part of the work under a negotiated change order is performed by a first tier subcontractor, the City shall limit the Contractor's markup on the direct costs of the subcontractor to a total of not more than eight percent (8%) to include up to five percent (5%) for overhead and three percent (3%) for profit. No markup will be considered or allowed for costs of a negotiated change order involving subcontractors below the first tier. The overhead markup percentages referenced above shall cover all overhead costs of the Contractor, including administrative, field office, home office, extended overhead and similar costs and expenses.
C. Force Account Payment. Payment for the work may be made on a time and expense basis, that is, on an accounting of the Contractor's forces, materials, equipment and other items of cost as required to do the work.
If compensation for work done under a Contract Change Order is to be made on a force account basis, the compensation will be calculated as set forth in Section G9.03, "Force Account Payment." Contractor agrees that the markups provided in Section G9.03 are adequate.
In any case in which the method of payment cannot be agreed upon prior to the beginning of the work, the City may direct that the work be done on a unit price, lump sum or force account basis depending on the nature of the work and at the sole discretion of the City.
G4.09 PROTEST PROCEDURE. If the Contractor disagrees with any terms or conditions set forth in an approved Contract Change Order, which he has not executed, he shall submit a written protest to the Engineer within fifteen (15) calendar days after receipt of such approved Contract Change Order. The protest shall state the points of disagreement, Contract Document references, quantities and costs involved, contract time impacts and shall propose a modification of the items with which he does not agree. Such protest shall not be considered complete or acceptable unless and until the quotation requested pursuant to Section G4.05 has been received by the Engineer in satisfactory form. If a written protest is not submitted within this 15-day period, payment will be made as set forth in the approved Contract Change Order without right of further protest. Approved Contract Change Orders which are not protested within 15 days or protests not supported by the requested quotation in satisfactory form within fifteen (15) days of request will be considered as executed Contract Change Orders and such payment will constitute full compensation for all work included therein or required thereby and so will any changes in contract time or completion date.
When the protest of an approved Contract Change Order relates to compensation, the Contractor shall keep full and complete records of such work and shall permit the City and the Engineer to have access to all records relating to the protested Contract Change Order to determine the compensation payable. The Contractor shall cooperate with the Engineer to reach agreement at the earliest practical date on the terms of compensation for the Contract Change Order. Whe n agreement has been reached, a revised Contract Change Order may be approved by the City and issued to the Contractor for signature. Unless and until the City and Contractor agree upon other terms of compensation incorporated in a revised executed Contract Change Order, the compensation shall be as specified under the protested approved Contract Change Order.
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for the completion of the work, the time will be determined in accordance with the provisions of Section G8.11.
G4.10 CONTINUANCE OF CONSTRUCTION. Disagreement by the Contractor with the City's determination of the need for, or amount of, an adjustment in Contract price or Contract time associated with an approved Contract Change Order (or disagreement by the Contractor with the City's determination that a change has not occurred and no Contract Change Order is needed) shall not, under any circumstances, relieve the Contractor from its obligation to promptly begin and diligently perform the work, including the change, as described in the approved Contract Change Order.
G4.11 FIELD CHANGES. Conditions may arise during the prosecution of the work on construction necessitating minor variations in the contract plans and/or specification. In order to address these conditions, the City may without notice to the sureties and without invalidating the contract, make minor alterations, deviations or changes to the Contract, including the plans or specifications, without affecting any of the material or basic terms of the contract, including the contract price, schedule for performance, the basic design, or other terms. Such minor alterations, deviations or changes shall be documented in a Field Change on a form provided by the City and executed by the Engineer and the Contractor. By execution of the Field Change, Contractor agrees to make the specified change at no additional cost and without an alteration in the schedule of performance or other terms and conditions of the Contract.
G4.12 DETOURS. When required by the Special Provisions, Technical Specifications, or shown on the Contract Plans, or required by responsible public agencies, the Contractor shall construct, maintain and remove detours for the use of public pedestrian and vehicular traffic, without additional cost to the City, unless separate payment is specified in the Special Provisions or Technical Specifications.
The failure or refusal of the Contractor to construct and maintain detours at the proper time shall be sufficient cause for closing down the work until such detours are in satisfactory condition for use by public pedestrian and vehicular traffic.
G4.13 ARCHAEOLOGICAL DISCOVERIES. All articles of archaeological interest which may be uncovered by the Contractor during the progress of the work shall be reported immediately to the Engineer. The further operations of the Contractor with respect to the find will be decided under the direction of the Engineer. Contractor shall acquire no interest in any such discoveries unless granted by the City in its sole discretion.
G4.14 PRESERVATION AND CLEANING. The Contractor shall clean up the work at frequent intervals and at other times when directed by the Engineer to maintain the job site in a clean and sanitary condition. While finish work is being accomplished, floors shall be kept clean, free of dust, construction debris and trash.
Before final inspection of the work, the Contractor shall clean the project site, material sites, surrounding roadways and all ground occupied by him in connection with the work, of all rubbish, excess materials, falsework, temporary structures and equipment. All parts of the work shall be left in a neat and presentable condition. Final cleaning shall include washing, dusting and sweeping, as applicable, of exposed architectural finish surfaces. Full compensation for final cleaning up will be considered as included in the prices paid for the various Contract items of work and the Contractor will not receive a separate payment for final cleaning.
G4.15 GUARANTY OF WORK. Notwithstanding inspections and acceptance by the City of F.3.c
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work furnished under this Contract, the Contractor warrants to the City that all materials and equipment furnished under the Contract, including that provided pursuant to Change Orders, will be of good quality and new, that the work will be free from defects in material or workmanship, and that the work will conform to the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective.
This warranty by the Contractor is in addition to any warranties or guarantees required by the Special Provisions or Technical Specifications for specified items of equipment or materials. This warranty shall be in effect notwithstanding any disclaimers, or limiting or conditional terms contained in such separate warranties furnished by manufacturers or suppliers.
G4.16 CORRECTION OF WORK DURING WARRANTY PERIOD. If, within one year after the date of final acceptance of the work by the City, any of the work is found not to be in accordance with the Contract Documents, specifically including Section G4.15 ("Guaranty of Work"), the Contractor shall correct it promptly after written notice from the City to do so, and pay for any damage to other property resulting from such non-conforming work. If the Contractor fails to make the repairs or replacements promptly, or in an emergency when delay could cause risk of damage or loss, the City may have the non-conforming work removed, replaced or corrected at the expense of the Contractor and its surety. If the amount of the performance bond is insufficient to cover the cost of such work, the Contractor shall be liable to pay any such deficiency on demand by the City. Non- conforming work, which is remedied under this Section, shall be subject to an extended warranty obligation, identical in terms to that provided by Section G4.15 and this Section for a period of two years after the non-conforming work has been remedied.
The City's records setting forth the fair and reasonable cost of repairing, replacing or restoring the damage or defects when performed by any party other than the Contractor shall be binding and conclusive as to the amount thereof upon the Contractor.
Nothing contained in this Section G4.16 shall be construed to establish a period of limitation with respect to other obligations which the Contractor may have under the Contract Documents.
Establishment of the period of two years as described in this Section relates only to the specific obligation of the Contractor to correct the work, and has no relationship to the time within wh ich the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the work.
G4.17 VALUE ENGINEERING. The Contractor may submit to the Engineer, in writing, value engineering proposals for modifying the plans, specifications or other requirements of the Contract for the sole purpose of reducing the total cost of construction. The value engineering proposal shall not impair, in any manner, the essential functions or characteristics of the project, including, but not limited to service life, economy of operation, ease of maintenance, desired appearance, or desig n and safety standards.
Value engineering proposals shall contain the following information:
(1) Description of the existing contract requirements, which are involved in the value engineering proposal.
(2) Description and justification of the proposal.
(3) An itemization of the contract requirements that must be changed if the F.3.c
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proposal is adopted.
(4) A detailed estimate of the cost of performing the work under the existing contract and under the proposed change.
(5) A detailed estimate of additional costs to the Project attributable to the proposal on the construction, operation, and maintenance of the project.
(6) A statement of the time within which the Engineer must make a decision thereon.
(7) The contract items of work affected by the proposed changes, including any quantity variation attributable thereto.
The provisions of this Section shall not be construed to require the Engineer to consider any value engineering proposal which may be submitted.
The City will not be liable to the Contractor for failure to accept or act upon any value engineering proposal submitted pursuant to this Section nor for any delays to the work attributable to any such proposal. If a value engineering proposal is similar to a change in the plans or specifications, under consideration by the City for the Project, at the time said proposal is submitted or if such proposal is based upon or similar to Standard Specifications, standard special provisions or Standard Plans adopted by the City after the advertisement for the Contract, the Engineer will not accept such proposal and the City reserves the right to make such changes without compensation to the Contractor under the provisions of this Section. The Contractor shall continue to perform the work in accordance with the requirements of the Contract until an executed change order, incorporating the value engineering proposal has been issued. If any executed change order has not been issued by the date upon which the Contractor's value engineering proposal specifies that a decision thereon should be made, or such other date as the Contractor may subsequently have specified in writing, such value engineering proposal shall be deemed rejected.
The Engineer shall be the sole judge of the acceptability of a value engineering proposal and of the estimated net savings in construction costs from the adoption of all or any part of such proposal. In determining the estimated net savings, the right is reserved to disregard the Contract bid prices if in the judgment of the Engineer, such prices do not represent a fair measure of the value of work to be performed or to be deleted.
The City reserves the right where it deems such action appropriate, to require the Contractor to share in the City's costs of investigating a value engineering proposal submitted by the Contractor as a condition of considering such proposal. Where such a condition is imposed the Contractor shall indicate its acceptance in writing, and such acceptance shall constitute full authority for the City to deduct amount payable to the City from any monies due or that may become due to the Contractor under the Contract.
If the Contractor's value engineering proposal is accepted in whole or in part, such acceptance will be by a contract change order, which shall specifically state that it is executed pursuant to this Section.
Such change order shall incorporate the changes in the plans and specifications which are necessary to permit the value engineering proposal or such parts of it as has been accepted to be put into effect, and shall include any conditions upon which the City's approval thereof is based if the approval of the City is conditional. The change order shall also set forth the estimated net savings in construction costs attributable to the value engineering proposal effectuated by the change order and shall further provide that the Contractor be paid 50% of said estimated net savings amount. The Contractor's cost F.3.c
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of preparing the value engineering proposal and the City's costs of investigating a value engineering proposal, including any portion thereof paid by the Contractor, shall be excluded from consideration in determining the estimated net savings in construction costs. The cost to the City for any required redesign associated with a value engineering proposal will be taken into account and added in determining the value of such proposal.
Acceptance of the value engineering proposal and performance of the work thereunder shall not extend the time of completion of the contract unless specifically provided for in the contract change order authorizing the use of the proposal.
The amount specified to be paid to the Contractor in the change order, which effectuates a value engineering proposal shall constitute full compensation to the Contractor for the proposal and the performance of the work thereof pursuant to the said change order.
The City expressly reserves the right to adopt a value engineering proposal for general use on contracts administered by the City when it determines that said proposal is suitable for application to other contracts. When an accepted value engineering proposal is adopted for general use, only the contractor who first submitted such proposal will be eligible for compensation pursuant to this Section, and in that case, only as to those contracts awarded to him prior to submission of the accepted value engineering proposal and as to which such value engineering proposal is also submitted and accepted. Value engineering proposals identical or similar to previously submitted proposals will be eligible for consideration and compensation under the provisions of this Section if the identical or similar previously submitted proposals were adopted for general application to other contracts administered by the City. Subject to the provisions contained herein, the City or any other public agency shall have the right to use all or any part of any submitted value engineering proposal without obligation or compensation of any kind to the Contractor.
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SECTION 5
CONTROL OF WORK
G5.01 AUTHORITY OF ENGINEER. The Engineer shall decide all questions which may arise as to the quality or acceptability of materials furnished and work performed and as to the manner of performance and rate of progress of the work; all questions which may arise as to the interpretation of the Contract Documents; all questions as to the acceptable fulfillment of the Contract on the part of the Contractor; and all questions as to compensation and contract time. The Engineer will have authority to reject work which does not conform to the Contract Documents. His/her decision shall be final and he/she shall have authority to enforce and make effective such decisions and orders which the Contractor fails to carry out promptly.
G5.02 CONTRACT DRAWINGS. The Contract Drawings furnished consist of general drawings and show such details as are necessary to give a comprehensive idea of the construction contemplated. All authorized alterations affecting the requirements and information given on the Contract Drawings shall be in writing.
Upon written request, the City will furnish to the Contractor for its use, at no expense to the Contractor, five (5) copies of all Contract Documents, including the Contract Drawings unless otherwise specified in the Special Provisions. Additional copies may be obtained at cost.
G5.03 SHOP DRAWINGS. The Contract Drawings shall be supplemented by shop drawings furnished by the Contractor. Shop drawings shall have been approved by the Engineer before any work involving such drawings is performed. No change shall be made by the Contractor in any shop drawing after it has been approved by the Engineer.
Shop drawing submittals shall contain adequate information to permit the Engineer to evaluate each submission for conformance with the Contract Documents. Each submittal shall be complete; partial submittals will not be reviewed. All drawings shall include a graphical scale and indicate the amount of reduction used, if any. The quality of lettering and draftsmanship shall be such as to insure easily read reproductions by microfilming process.
Each shop drawing submitted by the Contractor (including any provided by suppliers and/or subcontractors) shall bear the approval stamp of the Contractor, and shall be clearly and conspicuously marked to indicate any deviation in the shop drawing from the requirements of the Contract Documents. By approving and submitting shop drawings, the Contractor thereby represents that he has determined and verified all field measurements, field construction criteria, materials, catalog numbers and similar data, and that he has checked and coordinated each shop drawing with the requirements of the work and the Contract Documents. Where applicable, shop drawings will be certified for construction by the manufacturer. City review of any shop drawing shall not constitute a change to the Contract. Contract changes can be effected through Change Orders only.
Each submittal shall be accompanied by a transmittal letter in the form specified by the Engineer from the Contractor stating the name of the material or equipment items as shown on the Contract Documents, a specification reference consisting of a section number, and any proposed deviations from the Contract Documents requested or shown on the submittal.
Review of shop drawings is only for general conformance with the design concept of the project and general compliance with the information given in the Contract Documents. Review and approval of the Contractor's shop drawings shall not relieve Contractor of any of its responsibility for the F.3.c
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successful completion of the work in conformity with the requirements of the Contract Documents.
The Contractor is responsible for conformance with all requirements of the Contract Documents, including, but not limited to, dimensions which shall be conformed and correlated at the job site, fabrication processes and techniques of construction, coordination of work with that of all others, and satisfactory performance of all work. Approval of shop drawings shall not waive any requirement of the Contract Documents and defective work may be rejected notwithstanding such approval.
It is the Contractor's responsibility to submit shop drawings and other submittals so as to allow sufficient time for review, for securing necessary approvals, and for possible revisions and resubmittal. Minimum review time by the Engineer shall be thirty (30) calendar days; complex submittals may require up to forty-five (45) days. Review time periods shall not begin until a complete submittal with Contractor's approval stamp is received with properly completed transmittal documentation. Incomplete, unstamped or otherwise improper submittals may be rejected wi thout further comment for correction and proper submittal. The Contractor shall schedule its shop drawing submittals so that this anticipated shop drawing review time does not delay its work.
City will make its best efforts to review submittals within the time period scheduled by the Contractor, provided it is consistent with the minimum time period specified in the preceding paragraph, but the City's inability to do so shall not automatically entitle the Contractor to additional time to complete the Contract. If the Engineer fails to complete its review of shop drawing submittals within a reasonable time (not to be less than the time period specified in this section), and if the Contractor's controlling operation is delayed by reason of the delay in review, an extension of time commensurate with the delay in completion of the work thus caused will be granted pursuant to Section G8.11, but no additional compensation will be allowed for such delay.
Shop drawings reviewed by the Engineer will be returned to t he Contractor. The Engineer's action on each submittal will consist of one of the following: "No Exceptions Taken," "Exceptions Taken as Noted," "Revise and Resubmit" or "Rejected" unless otherwise specified in the Special Provisions are/or transmittal forms to be used. When shop drawings are required to be resubmitted, the revisions are to be clearly defined on the revised drawings. Resubmittals will be reviewed in accordance with the provisions applicable to initial submittals and the time period for the Engineer's review shall be equal to that for initial submittals.
Submittal and processing of shop drawings shall conform to the requirements of the Special Provisions and Technical Specifications.
Full compensation for furnishing all shop drawings shall be considered as included in the prices paid for the Contract items of work to which such drawings relate and no additional compensation will be allowed therefor.
When the shop drawings have been completed to the satisfaction of the Engineer, the Contract or shall carry out the construction in strict accordance therewith. Any further changes will require a resubmittal of the drawings.
G5.04 CONFORMITY WITH CONTRACT DOCUMENTS. Work and materials shall conform to the lines, grades, cross sections, dimensions and material requirements, including tolerances, shown on the Contract Drawings or indicated in the Specifications. Although measurement, sampling and testing may be considered evidence as to such conformity, the Engineer shall be the sole judge as to whether the work or materials deviate from the Contract Drawings and Specifications, and its decision as to any allowable deviations therefrom shall be final.
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G5.05 COORDINATION AND INTERPRETATION OF CONTRACT DOCUMENTS.
The General Conditions, Special Provisions, Technical Specifications, Contract Drawings, Contract Change Orders and all supplementary documents are essential parts of the Contract, and a requirement occurring in one is as binding as though occurring in all. They are intended to be complimentary, and to describe and provide for a complete work .
In the event of inconsistencies between requirements contained in different components of the Contract Documents, and unless otherwise specified in the Special Provisions, the order of precedence to govern interpretation is as follows: (1) Change Orders, (2) Addenda, (3) Contract, (4) Special Provisions, (5) General Conditions, (6) the Greenbook, (7) Technical Specifications, (8) Contract Drawings, (9) Notice Inviting Sealed Bids, and (10) Bid Forms (all documents submitted by the bidder). In case of differences between small and large scale drawings, the large scale drawings shall govern. Schedules on drawings shall take precedence over conflicting notations on drawings. In the event of any discrepancy between any drawing and the figures written thereon, the figures, unless otherwise directed, will govern over scaled dimensions.
Should it appear that the work to be done or any of the related matters is not sufficiently detailed or explained in the Contract Documents, the Contractor shall promptly apply to the Engineer for such further written explanations as may be necessary and shall conform to them as part of the Contract. In the event of any doubt or question arising respecting the true meaning of the Contract Documents, clarification in writing shall be promptly sought by Contractor from the Engineer, whose decision thereon shall be final.
G5.06 ORDER OF WORK. When required by the Special Provisions or Contract Drawings, the Contractor shall follow the sequence of operations as set forth. Full compensation for conforming with such requirements will be considered as included in the prices paid for the various Contract items of work and no additional compensation to Contractor will be allowed.
G5.07 SUPERINTENDENCE. The Contractor, at all times, shall supervise and direct the Work using its best skill and attention. The Contractor shall keep at the project site competent supervisory personnel at all times while W ork is in progress. The Contractor shall designate, in writing, before starting work, a project superintendent who shall be an employee of Contractor and shall have complete authority to represent and act for the Contractor. The Contractor shall promptly notify the Engineer in writing prior to any change in superintendent assignment.
The Contractor shall be solely responsible for and have control over construction means, methods, techniques and procedures for providing adequate safety precautions and coordinating all portions of the work under the Contract, unless the Contract Documents give other specific instructions concerning these matters.
G5.08 LINES AND GRADES. Only such primary control lines, monuments and bench marks will be set by the Engineer as he determines to be necessary to control establishment of the lines and grades required for the completion of the work. In general, these will consist of the primary horizontal and vertical control points shown on the Contract Drawings. The Contractor shall notify Engineer a minimum of five (5) working days before such stakes or marks are needed.
Monuments, stakes and marks set by the Engineer shall be carefully preserved by the Contractor. If such monuments, stakes or marks are destroyed or damaged, they will be replaced by the Engineer at his/her earliest convenience. The Contractor shall be charged for the cost of replacing or restoring monuments, stakes and marks destroyed or damaged by reason of its operations including failure to protect such points from other normal activity in the project area that can be reasonably anticipated.
This charge will be deducted from any monies due or to become due the Contractor unless the Contractor has agreed in writing, with the approval of the Engineer, to otherwi se directly pay the party doing the work and has provided satisfactory evidence that such payment has been properly made.
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The Contractor shall temporarily suspend work at such points and for such reasonable times as the Engineer may require for transferring or setting monuments, stakes or marks, and the Contractor shall not be entitled to any additional compensation or extension of time therefor.
All other stakes or marks required to establish the lines and grades required for the completio n of the work shall be the responsibility of the Contractor. Payment for such work shall be considered as included in the prices paid for the various Contract items of work and no additional compensation will be allowed therefor.
Contractor shall take field measurements and verify field conditions consistent with prudent construction industry standards and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing construction activities on the work site. Errors, inconsistencies or omissions in the Contract Documents discovered by Contractor shall be reported to the Engineer at once.
G5.09 INSPECTION. The Engineer, and all authorized representatives of the City, shall at all times have safe access to the work during its construction, and shall be furnished with every reasonable facility for ascertaining that the materials and the workmanship are in accordance with the requirements and intentions of the Contract Documents. All work done and all materials furnished by Contractor shall be subject to the Engineer's on-site and off-site inspection.
The inspection and observation of the work or materials by the Engineer shall not relieve the Contractor of any obligations to fulfill its Contract as prescribed. Work and materials not meeting such requirements shall be corrected, and unsuitable work or materials may be rejected, notwithstanding that such work or materials have been previously inspected by the Engineer, or that payment therefor has been included in a progress estimate.
Re-examination of questioned work may be ordered by the Engineer at any time before final acceptance. If so ordered, the work shall be uncovered by the Contractor. If such work is fo und to be in accordance with the Contract Documents, the City will pay for the cost of uncovering, removal, recovering and replacing of the parts removed; but if such work so exposed or examined is not in accordance with the Contract Documents, the uncovering, removal, recovering and replacement shall be at the Contractor's expense. Work which has been covered prior to observation by the Engineer does not qualify as re-examined work; the City may order it uncovered for observation without payment of costs.
The Contractor shall give due notice to the Engineer before backfilling so that the Engineer may observe the materials and installation.
The Contractor shall notify the Engineer in advance as to those times when no construction activities will take place. Absent such notification, all costs incurred by the City as a result of attending to the project site at times when no construction is taking place will be charged to the Contractor.
Whenever the Contractor intends to perform work on Saturday, Sunday, or a legal holiday, he shall give notice to the Engineer of such intention 24 hours prior to performing such work, or such longer period as may be specified, so that the Engineer may make necessary arrangements.
The observations and inspections performed by the Engineer shall not relieve the Contractor of its responsibility to conduct comprehensive inspections of the work and to furnish materials and perform work in conformance with the Contract Documents.
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G5.10 DOCUMENTS ON JOB SITE. The Contractor shall keep one copy of all Contract Documents (including Change Orders), approved Shop Drawings, material test results and approved progress payments on the job site, in good order, available to the Engineer and all authorized representatives of the City. Other requirements may be specified in the Special Provisions.
G5.11 CORRECTION, REMOVAL OF REJECTED WORK. The Contractor shall promptly correct work rejected by the Engineer as failing to conform to the requirements of the Contract Documents, whether or not fabricated, installed or completed, so that it does comply with the Contract Documents. The Contractor shall bear the costs of correcting such rejected work, including additional testing, inspections and compensation for the Engineer's services and expenses made necessary thereby.
The Contractor shall remove, at its cost, from the site portions of the work which are not in accordance with the Contract Documents or which are not corrected by the Contractor.
The Contractor shall correct, at its cost, damaged or destroyed construction, whether completed or partially completed, of the City or separate contractors caused by the Contractor's correction or removal of work which is not in accordance with the requirements of the Contract Documents.
Any work done beyond the lines shown on the Contract Drawings or established by the Engineer, and all extra work done without written authority, will be considered as volunteer or unauthorized work.
Upon order of the Engineer, unauthorized work shall be remedied, removed or replaced at the Contractor's cost.
If the Contractor fails to promptly correct non-conforming or rejected work, or to comply promptly with any order of the Engineer under this Section, the City may cause such work to be remedied, removed or replaced and the costs thereof will be deducted from any monies due or to become due the Contractor.
Failure on the part of the Engineer to reject non-conforming work shall not be construed to imply acceptance of such work.
G5.12 EQUIPMENT AND PLANTS. The Contractor shall use or permit only equipment and plants suitable to produce the quantity and quality of work and materials required, and meeting all State and federal safety requirements.
Plants shall be designed and constructed in accordance with general practice for such equipment and shall be of sufficient capacity to insure the production of materials needed to complete the work in accordance with the Contractor's schedule and the Contract time.
When ordered by the Engineer, the Contractor shall remove unsuitable equipment from the work and discontinue the operations of unsafe or unsatisfactory plants.
All vehicles used on existing structures, highways and streets shall be equipped with pneumatic tires unless otherwise permitted in writing by the Engineer.
G5.13 CHARACTER OF WORKERS. The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit persons nor persons not properly skilled or unskilled in tasks assigned to them.
G5.14 FINAL INSPECTION. When the work has been completed, the Engineer will make F.3.c
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the final inspection. The Contractor shall notify the Engineer in writing when it considers the work complete and shall request a final inspection.
G5.15 SUBMITTAL OF AS-BUILT DATA. The Contractor shall maintain up-to-date a separate, neat and legible set of construction drawings showing as-built conditions. The intention is that a separate full-size set of the construction drawings will be neatly and accurately marked in red pencil to show any condition, dimension, installation or location that is different from that originally shown. Change Orders; deviations from the contract documents including drawings; the locations of installations of utilities and services, mechanical and electrical lines; details; and other work shall be incorporated and accurately shown on this set. The locations of installed underground and hidden utilities will be shown and dimensioned to appropriate reference points. No work shall be permanently concealed until the required information has been recorded. The requirement is that these as-built construction drawings and the "as-built" material and equipment drawing submittals provided will reflect the complete as-built condition of the project.
Where the contract drawings are not of sufficient size, scale, or detail, the Contractor shall furnish its own drawings for incorporation of details and dimensions. In such cases, the Contractor shall provide a reproducible set of its drawings, suitably cross-referenced to the contract drawings.
The as-built drawings will be maintained up to date on a "day by day" basis. That is, information will be recorded as it is known. Prior to any progress payments, the Engineer will review the status of the as-built construction drawings. The Engineer may withhold approval of progress payments until such time as the as-built drawings are brought up to date.
Prior to the completion of the contract, the Contractor shall furnish a satisfactory as-built construction drawing record and certify on each drawing that conditions shown are as-built. Submittal of the as- built record is made a condition for acceptance of the project and final payment under the contract.
G5.16 EMERGENCIES. In an emergency affecting the safety of life, the work, or adjoining property, the Contractor, without special instructions or authorization from the Engineer, shall act at his/her discretion to prevent such threatened loss or injury. In such an emergency, the Contractor shall perform such additional work as is required. Any compensation claimed by the Contractor on account of emergency work and determined by the Engineer to be warranted shall be determined in accordance with the provisions of Section 9 unless a more appropriate method is determined by the Engineer in his/her sole discretion.
G5.17 RIGHTS-OF-WAY. The City will provide the rights-of-way over private lands or the site for permanent works or installations, and right-of-way for access thereto, unless otherwise indicated. The Contractor will be permitted to use such land for construction purposes, but any additional right-of-way or land desired by the Contractor for construction purposes shall be provided by the Contractor without expense to the City.
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SECTION 6
CONTROL OF MATERIALS
G6.01 SOURCE OF SUPPLY AND QUALITY OF MATERIALS. The Contractor shall furnish all materials required to complete the work, except materials that are designated in the Specifications to be furnished by the City and materials furnished by the City in accordance with force account work as described in Section G9.03. As used in this Section, the term "materia ls" shall mean materials and equipment furnished for incorporation in the work.
Notwithstanding any prior inspection, only materials conforming to the requirements of the Contract Documents shall be incorporated in the work.
The materials furnished and used shall be new, except as may specifically be provided elsewhere in the Contract Documents. The materials shall be manufactured, handled, and used in a workmanlike manner to ensure completed work in accordance with the Contract Documents.
The Contractor shall submit to the Engineer a list of its sources of materials and the locations at which such materials will be available for inspection. The list shall be submitted in sufficient time to permit proper inspection and testing of materials to be furnished from such listed sources in advance of their use. The Contractor shall assure that the Engineer or his/her authorized representative has free access at all times to the material to be inspected, sampled or tested. The Engineer may inspect, sample or test materials at the source of supply or other locations. It is understood that such inspections and tests in no way shall be considered as a guaranty of acceptance of such material nor of continued acceptance of material presumed to be similar to that upon which inspections and tests have been made, and that inspection and testing performed by the City shall not relieve the Contractor or its suppliers of responsibility for quality control.
Manufacturers' warranties, guaranties, instruction sheets and parts lists, which are furnished with certain materials incorporated in the work, shall be delivered to the Engineer in organized, indexed, neat and adequately bound volumes that are marked as to content before acceptance of the Contract.
Reports and records of inspections made and tests performed, when available at the site of the work, may be examined by the Contractor and the Engineer.
G6.02 CITY-FURNISHED MATERIALS. Materials furnished by the City will be available at locations designated in the Specifications, or if not designated in the Specifications, they will be available at the City Office. They shall be hauled to the site of the work by the Contractor, at its own expense, including any necessary loading and unloading that may be involved. The cost of handling and placing City-furnished material shall be considered as included in the price paid for the Contract item involving such City-furnished material.
The Contractor shall be held responsible for all materials furnished to him, and he shall pay all demurrage and storage charges. City-furnished materials lost or damaged from any cause whatsoever shall be replaced by the Contractor, at its expense. The Contractor will be liable to the City for the cost of replacing City-furnished material, and such costs may be deducted from any monies due or to become due the Contractor. All City-furnished materials that are not used on the work shall remain the property of the City and will be delivered to the City corporation yard.
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G6.03 STORAGE OF MATERIALS. Materials shall be stored by the Contractor in such a manner as to ensure their security and the preservation of their quality and fitness for the work and to facilitate inspection.
G6.04 DEFECTIVE MATERIALS. All Contractor-furnished materials not conforming to the requirements of the Contract Documents may be rejected, whether in place or not. They shall be removed immediately from the site of the work unless otherwise permitted by the Engineer. No rejected material, the defects of which have been subsequently corrected, shall be used in the work unless approval in writing has been given by the Engineer. Upon failure of the Contractor to comply promptly with any order of the Engineer made under the provisions of this Section, the Eng ineer may cause the removal, disposal and replacement of rejected material and deduct the cost thereof from any monies due or to become due the Contractor.
G6.05 TRADE NAMES AND ALTERNATIVES. For convenience in designation in the Contract Documents, certain articles or materials to be incorporated in the work may be designated under a trade name or the name of a manufacturer and its catalog information. Except in those instances where the product is designated to match others in use in a particular improvement, either completed or in the course of completion, the use of an alternative article or material which is of equal quality and of the required characteristics for the purpose intended may be permitted, subject to the following requirements:
1. The Contractor shall submit its Proposal for an alternative in writing.
Such request shall be made in ample time to permit review and approval without delaying the work.
2. No such Proposal will be considered unless accompanied by complete information and descriptive data necessary to determine the equality of the offered materials, articles, or equipment. Samples shall be provided when requested by the Engineer. The Contractor shall satisfy the Engineer as to the comparative quality, suitability or perform ance of the offered materials, articles or equipment. In the event that the Engineer rejects the use of such alternative materials, articles or equipment, ("material") then one of the particular products designated by brand name will be furnished.
3. The burden of proof as to the quality and suitability of alternatives shall be upon the Contractor and he shall furnish all information necessary as required by the Engineer.
The Engineer shall be the sole judge as to the quality and suitability of alternative a rticles, equipment or materials and its decisions shall be final. Where use of an alternative material, article or equipment involves redesign of, or changes to, other parts of the work, the cost and the time required to effect such redesign or changes will be considered in evaluating the suitability of the alternative material, article or equipment. Cost of redesign by the Engineer will be borne by the Contractor.
4. Whenever classification, rating or other certification by a body such as UL or NEMA is a part of the specification for any material, proposal for use of alternative materials shall be accompanied by reports from the listed or equivalent recognized and industry accepted independent testing laboratory indicating compliance with specification requirements. The cost of all testing required to prove equality of the material proposed shall be borne by the Contractor. Approval of an alternative material shall be only for the characteristics or use named in such approval, and shall not be used to change or modify any Contract requirement.
G6.06 PLANT INSPECTION. The Engineer may inspect the production of material, or the manufacture of products, at the source of supply. Plant inspection, however, will not be undertaken until the Engineer is assured of the cooperation and assistance of both the Contractor and the material producer. The Engineer or his/her authorized representative shall have free entry at all times F.3.c
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to such parts of the plant as concern the manufacture or production of the materials. Adequate facilities shall be furnished free of charge to make the necessary inspection. The Engineer assumes no obligation to inspect materials at the source of supply. The responsibility of incorporating satisfactory materials in the work rests entirely with the Contractor, notwithstanding any prior inspections or tests.
G6.07 PRODUCT AND REFERENCE STANDARDS. When descriptive catalog designations, including manufacturer's name, product brand name or model number are referred to in the Contract Documents, such designations shall be considered as being those found in industry publications in effect on the day the Notice to Bidders for the work is dated.
G6.08 SAMPLES. After the award of the Contract, the Contractor shall furnish to the Engineer samples indicated in the Specifications or requested by the Engineer. Samples shall be submitted without charge, with shipping charges prepaid. Materials for which samples are required shall not be used in the work until approved in writing by the Engineer.
Each sample shall be submitted in duplicate unless otherwise directed, and shall be labeled with the following data: name of project; name of Contractor; material represented and location in the project including specification reference; and producer information including brand, model, place of origin, and other pertinent information.
The Contractor shall forward a transmittal letter to the Engineer with each shipment of samples containing the information required in the previous paragraph. Approval of a sample shall be only for the characteristics and use named in the submittal and approval shall not be construed to change or modify any Contract requirement. Before submitting samples, the Contractor shall assure himself that the materials or equipment will be available in the quantities required in the project, as no change or substitution will be permitted after a sample has been approved unless approved by the Engineer in writing.
Samples of material from local sources shall be taken by or in the presence of the Engineer if so required by the Engineer; otherwise the samples will not be considered for testing.
Approved samples not damaged in testing may be incorporated in the finished work if marked for identification and approved by the Engineer. Materials incorporated in the work shall match the approved samples.
Failure of any material to pass the specified tests will be sufficient cause for refusal to consider under this Contract any further samples of the same brand, make or source of that material. The Engineer reserves the right to disapprove any material which has previously proven unsatisfactory in service.
Samples of material delivered on the site or in place may be taken by the Engineer for testing. Failure of samples to meet Contract requirements will annul previous approvals of the item tested.
G6.09 TESTING OF MATERIALS OR WORK. Materials to be used in the work will be subject to inspection and tests by the Engineer or his/her designated representative. The Contractor shall furnish, without charge, such samples as may be required and make available locations for required in place testing.
Materials and work shall be tested in accordance with the methods in use by the State of California, Department of Transportation, or by nationally recognized testing organizations or as specified in the Contract Documents. The Engineer will make or approve all testing. Unless otherwise noted in the Specifications, testing will be made at the expense of the Contractor. In any case, in the event that F.3.c
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any materials and work fail to pass tests, the cost of subsequent testing of similar materials and work as may be required by the Engineer shall be borne by the Contractor.
Test methods developed by the State of California, Department of Transportation are identified by the prefix Calif., followed by the serial number. Copies of individual test methods are available at the Transportation Laboratory, Sacramento, California.
Whenever a reference is made in the Specifications to a test method by Calif. number, it shall mean the test method in effect on the date of the Notice to Bidders for the work. Whenever a reference is made in the Specifications to a specification or test designation of the American Society for Testing and Materials, the American Association of State Highway Officials, Underwriters' Laboratories, Inc., or any other recognized national organization, and the number accompanying the test designation representing the year of adoption of the test has been omitted, the reference shall mean the test method in effect on the date of the Notice to Bidders for the work.
Whenever the Contract Documents provide an option between two or more test methods, the Engineer will determine the test method to be used.
Whenever a specification, manual or test designation provides for test reports (such as certified mill test reports) from the manufacturer, copies of such reports, identified as to the lot of material, s hall be furnished to the Engineer. The manufacturer's test report shall supplement the inspection, sampling and testing provisions of this Section and shall not constitute a waiver of the City's right to inspect.
When material which cannot be identified with specific test reports is proposed for use, the Engineer may, at his/her discretion, select random samples from the lot for testing. Testing specimens from the random samples, including those required for retest, shall be prepared in accordance with the referenced specification and furnished by the Contractor at its expense. The number of such samples and test specimens shall be entirely at the discretion of the Engineer.
G6.10 CERTIFICATE OF COMPLIANCE. A Certificate of Compliance shall be furnished prior to the use of any materials for which the Special Provisions or Specifications require that such Certificate be furnished. In addition, the Engineer may permit the use of certain materials prior to sampling and testing if accompanied by a Certificate of Compliance stating that the materials involved comply in all respects with the requirements of the Specifications. The Certificate shall be signed by the manufacturer of the material. A Certificate of Compliance shall be furnished with each lot of material delivered to the work and the lots so certified shall be clearly identified in the Certificate.
All materials used on the basis of a Certificate of Compliance may be sampled and tested at any time. The fact that material is used on the basis of a Certificate of Compliance shall not relieve the Contractor of responsibility for incorporating material in the work which conforms to the requirements of the Contract Documents, and any such material not conforming to such requirements will be subject to rejection whether in place or not.
The City reserves the right to refuse to permit the use of material on the basis of a Certificate of Compliance.
The form of the Certificate of Compliance and its disposition shall be as approved by the Engineer.
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SECTION 7
LEGAL RELATIONS AND RESPONSIBILITIES
G7.01 LAWS TO BE OBSERVED. The Contractor shall keep himself fully informed concerning all requirements of law, including but not limited to all State and Federal laws and county and municipal ordinances and regulations which in any manner affect those engaged or employed in the work, the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same.
The Contractor shall at all times observe, and shall cause all its agents and employees to observe, all such requirements of laws and shall protect, indemnify and hold harmless the City and the Engineer, and all of their respective officers, agents and employees against all claims and liabilities arising from or based on the violation of any such requirement of law whether by the Contractor or its employees.
If any discrepancy or inconsistency is discovered in the Contract Documents for the work in relation to any such requirements of laws, the Contractor shall immediately report the same to the Engineer in writing. The Contract Documents shall be governed by the laws of the State of California.
G7.02 LABOR CODE REQUIREMENTS. Attention is directed to the following requirements of the Labor Code:
A. Hours of Labor. Eight hours labor constitutes a legal day's work. The Contractor shall forfeit, as penalty to the City, Twenty-Five Dollars ($25) for each workman employed in the performance of the Contract by the Contractor or by any subcontractor under him for each calendar day during which such workman is required or permitted to work more than eight hours in any one day and forty (40) hours in any one calendar week in violation of the provisions of the California Labor Code and in particular, Sections 1810 to 1815 thereof, inclusive, except that work performed by employees of the Contractor in excess of eight hours per day and forty (40) hours during any one week shall be permitted upon compensation for all hours worked in excess of eight hours per day at not less than one-and-one-half (1 ½) times the basic rate of pay, as provided in said Section 1815.
B. Labor Non-Discrimination. Attention is directed to Section 1735 of the Labor Code which provides the Contractor shall not discriminate against any employee who is employed on the work because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex or age of such persons, except as provided in Section 12940 of the Government Code.
C. Prevailing Wages. The Contractor shall comply with California Labor Code Sections 1770 to 1780, inclusive. In accordance with said Section 1775, the Contractor shall forfeit as a penalty to an amount determined by the Labor Commissioner not to exceed Fifty Dollars ($200.00) for each calendar day or portion thereof for each workman paid less than stipulated prevailing wage rates for such work or craft in which such worker is employed for any work done under the Contract by him or by any subcontractor under him in violation of the provisions of the Labor Code and in particular, Labor Code Sections 1770 to 1780, inclusive. In addition to said penalty and pursuant to said Section 1775, the difference between such stipulated prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by the Contractor.
Pursuant to the provisions of Section 1773 of the Labor Code the City shall obtain the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work applicable to the work to be done from the Director of the Department of Industrial Relations. Copies F.3.c
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of the prevailing rates are on file at the City Office and are available to any interested party on request, or may be obtained directly from the DIR website at http://www.dir.ca.gov/oprl/DPreWageDetermination.htm . Such wage rates must be prominently posted at the construction site.
The City will not recognize any claim for additional compensation because of the payment by the Contractor of any wage rate in excess of the prevailing wage rate set forth in the Contract. The possibility of wage increases is one of the elements to be considered by the Contractor in determining its bid, and will not under any circumstances be considered as the basis of a claim against the City on the Contract.
D. Payroll Records. The Contractor's attention is directed to the following provisions of Labor Code Section 1776 and 1771.4. The Contractor shall be responsible for the compliance with these provisions by its subcontractors.
(a) Each contractor and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work.
(b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis:
(1) A certified copy of an employee's payroll record shall be made available for inspection or furnished to such employee or his or her authorized representative on request.
(2) A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to the City, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations.
(3) A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request to the public for inspection or copies thereof made; provided, however, that a request by the public shall be made through either the City, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph (2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by the Contractor, subcontractor and the entity through which the request was made. The public shall not be given access to such records at the principal office of the Contractor.
(c) The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the division.
(d) Each contractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested the records within ten (10) days after receipt of a written request.
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(e) Each contractor and subcontractor shall furnish the records specified in Cal. Labor Code section 1776 directly to the Labor Commissioner monthly in a format prescribed by the Labor Commissioner. (Cal Lab Code § 1771.4)
(f) Any copy of records made available for inspection as copies and furnished upon request to the public or the City, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address and social security number. The name and address of the Contractor shall not be marked or obliterated.
(g) The Contractor shall inform the City of the location of records enumerated under subdivision (a), including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address.
(h) In the event of noncompliance with the requirements of this Section, the Contractor shall have ten (10) days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this Section.
In the event that the Contractor fails to comply within the 10-day period, he/she shall, as a penalty to the State or the City, forfeit Twenty-Five Dollars ($100.00) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Divis ion of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due.
The penalties specified in subdivision (h) Labor Code Section 1776 for noncompliance with the provisions of said Section 1776 may be deducted from any monies due or which may become due to the Contractor.
The Contractor and each subcontractor shall preserve their payroll records for a period of three (3) years from the date of completion of the Contract.
E. Apprentices. The Contractor shall fully comply with the requirements of Sections 1777.5 and 1777.6 of the California Labor Code and the regulations of the California Apprenticeship Council. In accordance with Section 1777.5, the Contractor shall secure the necessary certificates and shall contribute to the apprenticeship fund or funds, as provided for therein. The Contractor shall require each subcontractor who will perform work or labor or render service to the Contractor in or about the construction of the work to comply fully with Sections 1777.5 and 1777.6 of the Labor Code. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the State Division of Apprenticeship Standards and its branch offices.
F. Workers' Compensation. Pursuant to the requirements of Section 1860 of the California Labor Code, the Contractor will be required to secure the payment of workers' compensation to its employees in accordance with the provisions of Section 3700 of the Labor code.
Prior to commencement of work, the Contractor shall sign and file with the City, a certification in the following form:
"I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." F.3.c
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Said certification is included in the Contract, and signature and return of the Contract as provided in Section G3.03, "Execution of Contract," of the General Conditions, shall constitute signing and filing of the said certificate.
G7.03 AIR POLLUTION CONTROL. The Contractor shall comply with all air pollution control rules, regulations, ordinances and statutes that apply to any work performed pursuant to the Contract.
Material to be disposed of shall not be burned, either inside or outside the work site.
G7.04 WATER POLLUTION CONTROL. The Contractor shall exercise every reasonable precaution to protect streams, lakes, reservoirs, bays and coastal waters from pollution with fuels, oils, bitumens, calcium chloride and other harmful materials and shall conduct and schedule its operations so as to avoid or minimize the introduction of sediment into the stormwater system and muddying and silting of said streams, lakes, reservoirs, bays and coastal waters. Care shall be exercised to preserve roadside or other vegetation beyond the limits of construction. The use of the term "stream(s)" in this Section shall also include and mean any and all stormwater collection and conveyance systems/facilities whether private or public except when such definition is not appropriate/does not make sense.
Water pollution control work is intended to provide prevention, control, and abatement of water pollution to streams, waterways and other bodies of water, and shall consist of constructing those facilities which may be shown on the plans, specified herein or in the Special Provisions, or directed by the Engineer and instituting Best Management Practices and/or Performance Standards set forth in City's National Pollutant Discharge Elimination System Permit for the discharge of water into the waters of the State and/or conditions set forth in a project specific permit if so required by the State Water Resources Board/SF Regional Water Quality Board. Bidders and Contractor shall inform themselves of all relevant water pollution control requirements.
In order to provide effective and continuous control of water pollution it may be necessary for the Contractor to perform the Contract work in small or multiple units, on an out of phase schedule, and with modified construction procedures. The Contractor shall provide temporary water pollution control measures, Best Management Practices and Performance Standards, including but not limited to, dikes, basins, ditches, and applying straw and seed, which become necessary as a result of its operations. The Contractor shall coordinate water pollution control work with all other work done on the Contract.
Before starting any work on the project, the Contractor shall submit, for acceptance by the Engineer, a program to control water pollution effectively during construction of the project. Such program shall show the schedule for the erosion control work included in the Contract and for all water pollution control measures that the Contractor proposes to take in connection with construction of the project to minimize the effects of its operations upon adjacent streams and other bodies of water. The Contractor shall not perform any clearing and grubbing or earthwork on the project, other than that specifically authorized in writing by the Engineer, until such program has been accepted.
If the measures being taken by the Contractor are inadequate to control water pollution effectively, the Engineer may direct the Contractor to revise its operations and its water pollution control program.
Such directions will be in writing and will specify the items of work for which the Contractor's water pollution control measures are inadequate. No further work shall be performed on said items until the water pollution control measures are adequate and, if also required, a revised water pollution control F.3.c
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program has been accepted.
The Engineer will notify the Contractor of the acceptance or rejection of any submitted or revised water pollution control program in not more than five (5) days.
The City will not be liable to the Contractor for failure to accept all or any portion of an originally submitted or revised water pollution control program, nor for any delays to the work due to the Contractor's failure to submit an acceptable water pollution control program.
The Contractor may request the Engineer to waive the requirement for submission of a written program for control of water pollution when the nature of the Contractor's operation is such that erosion is not likely to occur. Waiver of this requirement will not relieve the Contractor from responsibility for compliance with the other provisions of this Section. Waiver of the requirement for a written program for control of water pollution will not preclude requiring submittal of a writt en program at a later time if the Engineer deems it necessary because of the effect of the Contractor's operations.
Where erosion which will cause water pollution is probable due to the nature of the material or the season of the year, the Contractor's operations shall be so scheduled that permanent erosion control features will be installed concurrently with or immediately following grading operations.
Nothing in the terms of the Contract nor in the provisions in this Section shall relieve the Contractor of the responsibility for compliance with Sections 5650 and 12015 of the Fish and Game Code, or other applicable statutes relating to prevention or abatement of water pollution.
The Contractor shall also conform to the following provisions:
1. Where working areas encroach on streams, barriers adequate to prevent the flow of muddy water into streams shall be constructed and maintained between working areas and streams, and during construction of such barriers, muddying of streams shall be held to a minimum.
2. Removal of material from beneath a flowing stream shall not be commenced until adequate means, such as a bypass channel, are provided to carry the stream free from mud or silt around the removal operations.
3. Should the Contractor's operations require transportation of materials across streams, such operations shall be conducted without muddying the stream. Mechanized equipment shall not be operated in the stream channels of such streams except as may be necessary to construct crossings or barriers and fills at channel changes.
4. Water containing mud or silt from aggregate washing or other operations shall be treated by filtration, or retention in a settling pond, or ponds, adequate to prevent muddy water from entering streams.
5. Oily or greasy substances originating from the Contractor's operations shall not be allowed to enter or be placed where they will later enter a stream.
6. Portland cement or fresh portland cement concrete shall not be allowed to enter flowing water of streams.
7. When operations are completed, the flow of streams shall be returned as nearly as possible to a meandering thread without creating possible future bank erosion and settling, F.3.c
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pond sites shall be graded so they will drain and will blend in with the surrounding terrain.
8. Material derived from roadway work shall not be deposited in a stream channel where it could be washed away by high stream flows.
9. Where there is possible migration of anadromous fish in streams affected by construction on the project, the Contractor shall conduct its operations so as to allow free passage of such migratory fish.
Compliance with the requirements of this Section shall in no way relieve the Contractor from its responsibility to comply with the other provisions of the Contract, in particular its responsibility for damage and for preservation or property.
Full compensation for conforming to the requirements of this Section shall be considered as included in the prices paid for the various items of work and no additional compensation will be allowed therefor.
G7.05 REMOVAL, RELOCATION OR PROTECTION OF EXISTING UTILITIES. Pursuant to California Government Code section 4215, the City or other appropriate utility company shall identify and provide for the timely removal, relocation or protection of any existing main or trunkline utility facilities located on the site of the work to be completed with reasonable accuracy in the plans and specifications made part of the invitation for bids. If the contractor disco vers utility facilities not identified by the City or others while performing the work, the Contractor shall immediately notify the City and owner of the utility in writing. For those utilities discovered by the Contractor, the City or other appropriate party as required will compensate the Contractor for the costs of locating, removing or relocating such utility facilities; repairing damage not due to the failure of the contractor to exercise reasonable care; and for equipment on the project necessarily idled during such work. The Contractor will not be assessed liquidated damages for delays in completion of the project due to the failure of the City or owner of the utility to provide for removal or relocation of such utility facilities.
The Contractor shall contact the regional notification center, "Underground Service Alert," and schedule the work to allow ample time for the center to notify its members and, if necessary, for any member to field locate and mark its facilities.
G7.06 SUBSURFACE EXCAVATIONS, NOTIFICATION.
The following provisions, drawn from Section 7104 of the Public Contracts Code, shall apply to any work which involves digging trenches or other excavations which extend deeper than four feet below the surface:
(a) The Contractor shall promptly, and before the following conditions are disturbed, notify the District, in writing, of any:
(1) Material that the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.
(2) Subsurface or latent physical conditions at the site differing from those indicated.
(3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract.
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(b) The District shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor’s cost of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in the Contract.
(c) In the event that a dispute arises between the Owner and the Contractor as to whether the conditions materially so differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s cost of, or the time required for, performance of any part of the work, the Contractor shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all work to be performed under the Contract. The Contractor shall retain any and all rights provided either by Contract or by law which pertain to the resolution of disputes and protests.
G7.07 SOUND CONTROL REQUIREMENTS. The Contractor shall comply with all local sound control and noise level rules, regulations and ordinances that apply to any work performed pursuant to the Contract.
Each internal combustion engine, used for any purpose on the job or related to the job, shall be equipped with a muffler of a type recommended by the manufacturer. No internal combustion engine shall be operated on the project without said muffler.
G7.08 USE OF PESTICIDES. The Contractor shall comply with all rules and regulations of the Department of Food and Agriculture, the Department of Health, the Department of Industrial Relations and all other agencies, which govern the use of pesticides required in the performance of the work on the Contract.
Pesticides shall include but shall not be limited to herbicides, insecticides, fungicides, rodenticides, germicides, nematocides, bactericides, inhibitors, fumigants, defoliants, desiccants, soil sterilants, and repellents.
Any substance or mixture of substances intended for preventing, repelling, mitigating or destroying weeds, insects, diseases, rodents or nematodes and any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant shall be considered as pesticide.
G7.09 WEIGHT LIMITATIONS. Unless expressly permitted in the Technical Specifications, the Contractor shall not operate construction equipment or vehicles of any kind which, laden or unladen, exceed the maximum weight limits set forth in Division 15 of the Vehicle Code, over completed or existing base, surfacing, pavement or structures.
G7.10 PAYMENT OF TAXES. The Contract prices paid for the work shall include full compensation for all taxes which the Contractor is required to pay, whether imposed by Federal, State or local government, including, without being limited to, Federal excise tax. No tax exemption certificate nor any document designed to exempt the Contractor from payment of any tax will be furnished to the Contractor by the City, as to any tax on labor, services, materials, transportation, or any other items furnished pursuant to the Contract.
The Contractor shall withhold and pay any and all sales and use taxes, withholding taxes, whether State or Federal, Social Security taxes, State Unemployment Insurance charges and all other taxes which are now or hereafter may be required to be paid or withheld under any laws.
G7.11 PERMITS AND LICENSES. The Contractor shall procure all permits and licenses F.3.c
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(except those procured or to be procured by the City which are listed in the Special Provisions or Specifications), procure a City of Hollister business license, pay all charges and fees, and give all notices necessary and incident to the due and lawful prosecution of the work.
The Environmental Quality Act (Public Resources Code, Section 21000 to 21176) may be applicable to permits, licenses and other authorizations which the Contractor must obtain from State or local agencies in connection with performing the work of the Contract. The Contractor shall comply with the provisions of that Act in obtaining such permits, licenses and other authorizations and they shall be obtained in sufficient time to prevent delays to the work.
The Contractor shall comply with permits obtained by the City for the work, which are listed in the Special Provisions or Specifications.
G7.12 PATENTS. The Contractor shall assume all costs arising from the use of patented materials, equipment, devices or processes, used on or incorporated in the work and shall indemnify and save harmless the City, the Engineer, and their duly authorized representatives from all suits at law, or actions of every nature for, or on account of, the use of patented materials, equipment, devices or processes. In case such materials, equipment, devices or processes are held to constitute an infringement and their use enjoined, the Contractor, at its expense, shall: (a) se cure for the City the right to continue using said materials, equipment, devices or processes by suspension of the injunction or by procuring a license or licenses, or (b) replace such materials, equipment, devices or processes, or (c) modify them so that they become non-infringing or remove the enjoined materials, equipment, devices or processes and refund the sums paid therefor without prejudice to any other rights of the City or the Engineer.
G7.13 SAFETY REQUIREMENTS. The Contractor shall promptly and fully comply with and carry out, and shall without separate charge therefor to the City, enforce compliance with the safety and first aid requirements prescribed by applicable State and Federal laws and regulations, rules and orders and as may be necessary to the end that work shall be done in a safe manner and that the safety and health of the employees and the people of local communities is safeguarded. The Contractor shall comply with OSHA regulations applicable to Contractor regarding necessary safety equipment or procedures. In the event of conflicting requirements, the most stringent requirement as it pertains to the Contractor’s safety responsibility applies.
Compliance with the provisions of this Section by subcontractors shall be the responsibility of the Contractor. All installed material, equipment and structures, without separate charge therefor to the City, shall fully conform with all applicable State and Federal safety laws, rules, regulations and orders and it shall be the Contractor's responsibility to furnish only such material, equipment and structures, notwithstanding any omission in the Contract Documents thereof or that a particular material, equipment or structure was indicated. During the performance of the work, the Contractor shall institute controls and procedures for the control and safety of persons visiting the job site.
Upon the failure of the Contractor to comply with any of the requirements of this Section, the Engineer shall have the authority, but not the duty, to stop any operations of the Contractor affected by such failure until such failure is remedied. No part of the time lost due to any such stop orders shall be made the subject of a claim for extension of time or for increased costs or damages by the Contractor.
In no case shall the actions of the Engineer impose a duty of care on the City.
The Contractor shall maintain an accurate record of, and shall report to the Owner in writing, exposure data and all accidents resulting in death, traumatic injury, occupational disease, or damage to property, materials, supplies or equipment incident to work performed under the Contract. If death F.3.c
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or serious injuries or serious damages are caused, the accident shall be reported to the City immediately by telephone or messenger. In addition, the Contractor shall furnish the City with a copy of the Employer’s Report of Injury immediately following any incident requiring the filing of said report during the prosecution of the Work. The Contractor also shall furnish the City with a copy of the Employer’s Report of Injury involving any subcontractors on the project. The Contractor shall make all reports as are, or may be, required by any authority having jurisdiction, and permit all safety inspections of the Work being performed under the Contract.
The Contractor may not submit a claim for extension of time or for extra costs or for any damages as a result of any stop work order for items related to this Section that is issued by a proper authority, including the City.
No provisions of this Contract will act to make the City and Engineer/Architect, its consultants, or any other party other than the Contractor responsible for safety. The Contractor will indemnify, defend, and hold harmless the City, its officers, employees, and agents from and against any and all actions, damages, fines, and loses arising from the Contractors failure to meet all the safety requirements or provide a safe work site.
G7.14 TRENCH EXCAVATION SAFETY PLAN. Attention is directed to California Labor Code section 6705. At least five (5) days in advance of excavation of any trench five feet or more in depth, the Contractor shall submit to the Engineer for acceptance a detailed plan showing the design of shoring, bracing, sloping and other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards established by the State Construction Safety Orders, the plan shall be prepared and signed by a registered civil or structural engineer. Nothing in this Section shall be deemed to allow the use of a shoring, sloping or protective system less effective than that required by the Construction Safety Orders of the Division of Industrial Safety. Nothing in this Section shall be construed to impose liability on the City, the Engineer or any of their employees.
Acceptance by City or Engineer/Architect constitutes acknowledgement of the submission, and does not constitute review or approval of the designs, design assumptions or criteria, completeness of submission, applicability to areas of intended use or implementation of the plan, all of which are solely the responsibility of the Contractor.
G7.15 SANITARY PROVISIONS. The Contractor shall conform to the rules and regulations pertaining to sanitary provisions established by the State, and to County, City and municipal laws and ordinances as may be applicable. Toilets for use of employees on the work shall be furnished where needed and shall be maintained by the Contractor. Their use shall be strictly enforced. City sanitary facilities will not be available for use by the Contractor's employees, except where specifically designated in writing by the Engineer.
G7.16 PUBLIC CONVENIENCE. The Contractor shall so conduct its operations as to offer the least possible obstruction and inconvenience to the public and he shall have under construction no greater length or amount of work than he can prosecute properly with due regard to the rights of the public.
All public traffic shall be permitted to pass through the work with as little inconvenience and delay as possible. The Contractor shall obtain approval of its plans for the routing and control of traffic f rom the appropriate city, county or State agency. Where the temporary rerouting or closing to traffic of any public street or highway is necessary, the Contractor shall make all necessary arrangements with the appropriate city, county or State agency.
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All trucks coming to the site or leaving the site with materials or loose debris shall be loaded in a manner that will prevent dropping of material or debris on public streets. Spillage resulting from hauling operations along or across any public traveled way shall be removed immediately at the Contractor's expense.
Construction operations shall be conducted in such a manner as to cause as little inconvenience as possible to owners of abutting property. Convenient access to driveways, houses and buildings along the line of work shall be maintained, and temporary approaches to roads or highways shall be provided and kept in good condition. Roadway excavations shall be conducted in such a manner as to provide a reasonably smooth and even surface satisfactory for use by public traffic at all times.
For work in public right-of-way, the Contractor shall comply with the rules and regulations of the State, County or local agency that owns the right-of-way.
All costs of complying with public convenience requirements of the City or other agencies shall be included in the Contract price.
The Engineer shall have the authority, but not the duty, to stop the Contractor from beginning new work until the provisions of this Section have been met.
G7.17 PUBLIC SAFETY. The Contractor shall assume all responsibility for public safety during construction, and all costs arising therefrom shall be included in the Contract amount.
Whenever the Contractor's operations create a condition hazardous to traffic or to the public, the Contractor shall furnish, erect and maintain, at its expense, such fences, barricades, lights, signs and other devices and take such other protective measures as are necessary to prevent accidents or damage or injury to the public. The Contractor shall also furnish such flagmen as are necessary to give adequate warning to traffic or to the public of any dangerous conditions. For work in public right - of -way, the Contractor shall comply with the rules and regulations of the State, County, City or local agency that owns the right-of-way.
G7.18 PRESERVATION OF PROPERTY. Due care shall be exercised to avoid injury to existing improvements or facilities, utility facilities, adjacent property and trees, shrubs and other plants that are not to be removed.
Trees, shrubs and other plants that are not to be removed, and pole lines, fences, signs, survey markers and monuments, buildings and structures, conduits, pipe lines, sewer and waterlines, highway facilities, and any other improvements or facilities, under or above ground, that are within or adjacent to the work limit line shall be protected from injury or damage, and the Contractor shall provide and install suitable safeguards to protect such objects from injury or damage. If such objects are injured or damaged by reason of the Contractor's operations, they shall be replaced or restored at the Contractor's expense. The facilities shall be replaced or restored to a condition as good as when the Contractor entered upon the work, or as good as required by the Specifications if any such objects are a part of the work being performed under the Contract. The Engineer may make or cause to be made such temporary repairs as are necessary to restore to service any damaged facility. The cost of such repairs shall be borne by the Contractor and may be deducted from any monies due or to become due to the Contractor under the Contract.
The fact that any underground facility is not shown on the Contract Plans shall not relieve the Contractor of its responsibility under Section G8.14, "Non-City Facilities," of the General Conditions.
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underground improvements or facilities that may be subject to damage by reason of its operations.
Full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in protecting or repairing property as specified in this Sect ion, shall be considered as included in the prices paid for the various Contract items of work and no additional compensation will be allowed therefor.
G7.19 RESPONSIBILITY FOR DAMAGE. Neither City, nor any of its Councilmembers, officers, employees, the Engineer, representatives, consultants, engineers, attorney or insurers shall be liable, responsible, answerable or accountable in any manner from any of the following: (1) damage to the work itself or any part thereof, or any machinery, equipment, materials, supplies or facilities or appurtenances of any person or entity used in connection with the work hereunder; (2) personal injury (including, without limitation, physical injury, mental or emotional injury or distress and loss of consortium) or wrongful death to any person (including without limitation personal injury or wrongful death to any of the following (who shall hereinafter be referred to as "Potential Claimants"):
Contractor; all subcontractors; consultants; the owners, lessees, sublessees, tenants and other occupiers of the property upon, over or in which the work hereunder is being performed or of any property near, adjacent thereto, or in the vicinity of such property, affected by such work or by construction of the project; the employees, agents, representatives, business invitees of any of the foregoing; any third persons and members of the public; and City and its Councilmembers, agents, employees and consultants; (3) property damage to the real, personal or intangible property of any person, firm or entity, including without limitation that of any Potential Claimant; (4) Business losses and business interruption losses suffered by any owners, lessees, sublessees, tenants or other occupiers of the real property upon, over or in which the work hereunder is being performed or of any property near, adjacent thereto, or in the vicinity of such property, affected by such work or by construction of the project. The matters from which City is absolved from liability or responsibility under the foregoing provisions of this Section shall be referred to collectively as "Potential Liabilities and Claims."
To the maximum extent permitted by law, the Contractor shall be responsible for and shall indemnify, defend and save harmless the City, its Councilmembers, officers, employees, the Engineer, agents, representatives, engineers, consultants, attorneys and insurers ("Indemnitees") from and against any claims, demands, actions, causes of action, costs, expenses, liabilities, fines, penalties, judgment s, liens, losses and damages of any kind whatsoever (including, without limitation, the Potential Liabilities and Claims), arising from any breach or failure of Contractor to perform its obligation or duties under this Agreement, from Contractor's activities, actions and conduct in performing the work hereunder or from any other cause whatsoever during the progress of the work or at any time before its final completion and acceptance. The duty of the Contractor to indemnify and save harmless includes the duties to defend (by legal counsel satisfactory to the City) as set forth in Section 2778 of the Civil Code and to pay attorney's fees and litigation costs required by such defense.
With respect to third party claims against Contractor, the Contractor waives any and all rights to any type of express or implied indemnity against the City, its Councilmembers, officers, employees, the Engineer, representatives, agents, consultants, engineers, attorneys and insurers. It is the intent of the parties that the Contractor's duties of defense and indemnity apply and are in full and undiminished force and effect hereunder regardless of the existence or degree of negligence or other fault on the part of the parties herein indemnified or on the part of any other person, firm or entity, save and except the active negligence or willful misconduct of City, its Councilmembers, consultants, engineers, officers, or employees and the Engineer. Should any part of the indemnity provisions of this Section be held invalid or unenforceable, the Contractor shall nonetheless be responsible to indemnify and defend and save each of the Indemnitees hereunder harmless to the maximum extent F.3.c
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provided by law. The requirements of this provision shall survive termination of the contract. Pursuant to Public Contract Code Section 9201, the City shall have full authority to compromise or otherwise settle any claim relating to the Contract at any time.
G7.20 RESPONSIBILITY FOR WORK AND MATERIALS. Until the acceptance of the Contract, the Contractor shall have the charge and care of the work and of the materials to be used therein, including materials for which he has received partial payment, and shall bear the risk of injury, loss or damage to any part thereof by the action of the elements or from any other cause, whether arising from the execution or from the non-execution of the work. Relief from maintenance and responsibility for a portion of the total work will not be granted by the City, unless specifically provided for in the Special Provisions. The Contractor shall rebuild, repair or restore all injuries, losses or damages to any portion of the work and materials occasioned by any cause before its completion and acceptance and shall bear the expense thereof. Should such injuries, losses or damages be caused by a third party, Contractor shall remain responsible and shall pursue on its own any proper response or payment by such third party for the injury, loss or damage. Where necessary, the Contractor shall, at its expense, provide suitable drainage and erect such temporary structures as are necessary to protect the work and materials from damage. The suspension of the work from any cause whatever shall not relieve the Contractor of its responsibility for the work and materials as herein specified. The Contractor shall properly store materials that have been partially paid for by the City. Such storage by the Contractor shall be on behalf of the City and the City shall at all times be entitled to the possession of such materials, and the Contractor shall promptly return the same to the site of the work when requested. The Contractor shall not dispose of any of the materials so stored except on written authorization from the Engineer.
G7.21 CONTRACTOR'S LIABILITY INSURANCE.
A. Contractor shall purchase from and maintain in full force and effect from a company or companies lawfully authorized to do business in California (and acceptable to the City) policies of liability insurance as will protect the Contractor and the Cit y, its Councilmembers, officers, agents, employees, the Engineer, representatives, engineers, consultants and attorneys from claims set forth below which may arise out of or result from the Contractor's operations under the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable:
1. claims under workers' compensation, disability benefits and any other similar employee benefit acts, statutes, rules or regulations which are applicable to the work;
2. claims for damage because of bodily injury, mental or emotional distress, occupational sickness or disease, or death of the Contractor's employees and loss of consortium claimed to be suffered by a spouse of such an employee;
3. claims for damages because of bodily injury, mental or emotional injury or distress, sickness or disease, loss of consortium or death of any person other than the Contractor's employees;
4. claims for damages insured by comprehensive personal injury liability coverage which are sustained by (1) a person as a result of an offense, act or omission directly or indirectly related to employment of such person by the Contractor, or (2) by another person; F.3.c
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5. claims for damages, other than to the work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom;
6. claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; and
7. claims arising from or covered by the Contractor's indemnity obligations under Section
B. The liability insurance required by Paragraph A shall include all major divisions of coverage and be on a comprehensive basis including:
1. Course of Construction/Property Damage/Premises Operations (Including X, C & U coverages)
2. Independent Contractors' Protective
3. Products and Completed Operations
4. Personal Injury Liability with Employment Exclusion deleted
5. Broad Form Blanket Contractual, including specified provision for Contractor's obligation under Section G7.19
6. Automobile liability coverage for Owned, Non-Owned and hired motor vehicles
7. Broad Form Property Damage, including Completed Operations.
C. The liability insurance required by Paragraph A shall be written for not less than the limits of liability specified in the Special Provisions or as required by law, whichever is greater. Coverages shall be written on an occurrence basis and shall be maintained without interruption from the date of commencement of work until the date of acceptance and final payment, and thereafter as may be required in the Special Provisions.
D. City, its Councilmembers, officers, employees, the Engineer, consultants, engineers, agents, and attorneys shall be named as additional insureds on the Contractor's and subcontractor's liability coverage policies.
E. In the event any work is subcontracted, the Contractor shall require the subcontractors to provide statutory workers' compensation insurance and employer's liability insurance for all of the subcontractors' employees engaged in such work. In addition, the Contractor shall be responsible for any liability directly or indirectly arising out of the work performed by a subcontractor, to the extent such liability is not covered by the subcontractor's insurance.
F. Within fifteen (15) calendar days from date of the notice of award, Contractor shall furnish to the City certificates of each policy of insurance required hereunder, in form and substance satisfactory to City. Such certificates shall show the type, amount, class of operations covered, effective dates and date of expiration of policies and shall contain substantially the following statements:
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1. That the insurance covered by this certificate shall not be canceled (or not renewed) and coverage will not be materially altered without thirty (30) days' prior written notice to City.
2. That the City, its Councilmembers, officers, employees, agents, the Engineer, consultants, engineers, agents and attorneys are additional insureds on the policies.
3. That the policy is primary insurance and the company providing such policy shall be liable thereunder for the full amount of any claim or loss up to and including the total limits of liability, without right of contribution from any other insurance maintained by the City or the other additional insureds.
4. That the policy provides that inclusion of the City as an insured shall not affect the City's rights as respects any claim, demand, suit or judgment brought or recovered against the Contractor. Said policy shall protect Contractor and City in the same manner as though a separate policy had been issued to each, but nothing in said policy shall operate to increase the company's liability as set forth in this policy beyond the amount shown or to which the company would have been liable if only one interest had been named as an insured.
5. That such policy applies separately to each insured or additional insured against whom claim is made or suit is brought.
6. That such policy shall provide for severability of interests.
7. That an act or omission of one of the insureds which would void or otherwise reduce coverage shall not do so as to as to any other insured.
Upon City's requirement, copies of each such policy of insurance and all endorsements shall also be promptly delivered to City.
G. The Contractor shall comply with all requirements of the insurers issuing policies. The carrying of insurance shall not be interpreted as relieving Contractor from any obligation under the Contract Documents. If any claim is made by any third person against the Contractor or any subcontractor on account of any accident, the Contractor shall promptly report the facts in writing to the insurance carrier and the City.
H. If Contractor fails to procure and maintain any insurance required under this Section, the City may take out and maintain, at the Contractor's expense, such insurance as the City may deem proper and deduct the cost thereof from any monies due the Contractor.
I. For projects located within public right of way, additional insurance requirements may be imposed by the owner of the right of way as a condition of issuing an encroachment or street opening permit to the Contractor. The Contractor shall provide such insurance at its sole cost and expense.
G7.22 PROPERTY INSURANCE. Unless otherwise provided in the Special Provisions, the Contractor will purchase and maintain, in a company or companies lawfully authorized to do business in California, and acceptable to the City, property insurance upon the entire work, in the amount of the Contract price on a replacement cost basis. Such property insurance shall be maintained until final payment has been made.
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Property insurance shall be on an all-risk policy form (commonly known as "Builder's Risk-All Risk") and shall insure against the perils of earthquake, landslide, flood, collapse, loss due to the result of faulty workmanship or design, and all other risks and shall cover reasonable compensation for Engineer's services and expenses required as a result of such insured loss. This insurance shall insure the interests of the Owner, the Contractor, and subcontractors in the work. Contractor and City will be named as additional insureds on the policy.
The property insurance may contain deductibles not to exceed the amounts specified in the Special Provisions. If no amounts are specified, the insurance shall be written without deductibles. The Contractor shall pay costs not covered because of such deductibles.
Complete copies of each policy of insurance and certificates of each policy, in form and substance satisfactory to City, shall be filed with City within fifteen (15) calendar days after date of notice of award. The policies and certificates shall provide:
(1) that City is included as a named insured;
(2) that losses shall be payable to Contractor and City as their interests appear; and
(3) the policy will not be canceled, nor coverage materially altered, without thirty (30) days' prior written notice to City.
G7.23 DISPOSAL OF MATERIAL OUTSIDE THE WORK SITE. Unless otherwise specified in the Specifications, the Contractor shall make its own arrangements for disposing of mater ials outside the work site and he shall pay all costs involved.
When any material is to be disposed of outside the work site, the Contractor shall first obtain a written permit from the property owner on whose property the disposal is to be made and he shall file with the Engineer said permit or a certified copy thereof, together with a written release from the property owner absolving the City from any and all responsibility in connection with the disposal of material on said property, and before any material is disposed of on said property, the Contractor shall obtain written permission from the Engineer to dispose of the material at the location designated in said permit.
When material is disposed of as above provided and the disposal location is visible from a highway, the Contractor shall dispose of the material in a neat and uniform manner to the satisfaction of the Engineer.
G7.24 COOPERATION. Should construction be under way by other forces or by other contractors within or adjacent to the limits of the work specified, or should work of any other nature be under way by other forces within or adjacent to said limits, the Contractor shall cooperate with all such other contractors or other forces to the end that any delay or hindrance to their work will be avoided.
The right is reserved to perform other or additional work at or near the site at any time, by the use of other forces.
When two or more contractors are employed on related or adjacent City work, each shall conduct its operations in such a manner as not to cause any unnecessary delay or hindrance to the other. Each contractor shall be responsible to the other for all damage to work, to persons or property caused to the other by its operations, and for loss caused the other due to its unnecessary delays or failure to finish the work within the time specified for completion.
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G7.25 OCCUPANCY PRIOR TO ACCEPTANCE. The City reserves the right to occupy all or any part of the project prior to completion of the entire Cont ract, upon written order therefor. In such event, the Contractor will be relieved of responsibility for any injury or damage to such part as results from such occupancy and use by the City.
If the Contractor carries insurance against damage to such premises or against liability to third persons covering the premises so used and occupied by the City, and if such occupancy results in increased premiums for such insurance, the City will pay to the Contractor the added cost for such insurance during the period of occupancy.
Such occupancy does not constitute acceptance by the City either of the complete work or of any portion thereof, nor will it relieve the Contractor of full responsibility for correcting defective work or materials found at any time before the formal written acceptance of the entire Contract by the City or during the full guarantee period after such acceptance.
G7.26 ACCEPTANCE OF THE WORK. When the Engineer has made the final inspection as provided in Section G5.14 and determines that the work has been completed in all respects in accordance with the Contract Documents, he will recommend that the City formally accept the work.
Immediately upon and after such formal written acceptance by the City, the Contractor will be relieved of the duty of maintaining the work as a whole, and he will not be required to perform any further work thereon except as provided in Sections G4.15, "GUARANTY OF WORK" and G4.16, "CORRECTION OF WORK DURING WARRANTY PERIOD."
G7.27 PROPERTY RIGHTS IN MATERIALS. Nothing in the Contract shall be construed as vesting in the Contractor any right of property in the materials used after they have been attached or affixed to the work or soil or after partial payment has been made for material delivered on the ground or stored subject to or under the control of the City and unused. All such material shall become the property of the City upon being so attached or affixed or upon payment for materials delivered on the ground or stored subject to or under the control of the City and unused, as provided in Section 9.
G7.28 RIGHTS IN LAND AND IMPROVEMENTS. The Contractor shall make no arrangements with any person to permit occupancy or use of any land, structure or building within the limits of the work, for any purpose whatsoever, either with or without compensation, in conflict with any agreement between the City and any owner, former owner or tenant of such land, structure or buildings. The Contractor shall not occupy City-owned property outside the limit of the work as shown on the Contract Drawings unless he obtains prior written approval.
G7.29 ANTITRUST CLAIMS. The Contractor's attention is directed to the following provision of Public Contract Code Section 7103.5(b) which shall be applicable to the Contractor and its subcontractors:
"In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, the Contractor or subcontractor offers and agrees to assign to the awarding body all right, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the Contractor, without further acknowledgment by the F.3.c
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parties."
G7.30 ACCESS TO THE WORK. The Contractor shall satisfy himself that the jurisdictions through which its operations and haul routes pass will permit such operations with respect to type of vehicle, laden weights, frequency and dimensions of loads, hours of operation and required traffic control. All necessary permits, licenses or bonds shall be obtained and paid for by the Contractor.
G7.31 PERSONAL LIABILITY. Neither the City's Councilmembers, City Manager, City Clerk, City Attorney, Engineer, Officers, Agents, Representatives nor Employees shall be personally responsible for any liability arising under or by virtue of this Contract.
G7.32 THIRD PARTY RIGHTS. Nothing in the Contract is intended to create the public or any member thereof a third party beneficiary hereunder.
G7.33 INDEPENDENT CONTRACTOR STATUS. The Contractor shall independently perform all work under this Contract and shall not be considered as an agent or employee of the City, nor shall the Contractor's subcontractors or employees be considered as subagents of the City.
G7.34 HAZARDOUS CHEMICALS AND WASTES. The Contractor shall bear full and exclusive responsibility for any release of hazardous or nonhazardous chemicals or substances during the course of performance of this Contract and for all proper and required reporting, cleanup and disposal and other activities as may be required by law or regulation. The Contractor shall immediately report any such release to the Engineer. The Contractor shall be solely responsible for all claims and expenses associated with the response to, removal and remediation of the release, including, without limit, payment of any fines or penalties levied against the City by any agency as a result of such release and shall hold harmless, indemnify and defend the City from any claims arising from such release. For purposes of this Section only, the term "claims" shall include (i) all notices, orders, directives, administrative or judicial proceedings, fines, penalties, fees or charges imposed by any governmental agency with jurisdiction, and (ii) any claim, cause of action, or administrative or judicial proceeding brought against the City, its Councilmembers, officers, agents or employees, or for any loss, cost (including reasonable attorney's fees), damage or liability, sustained or suffered by any person or entity, including City.
If the performance of the work outlined by these contract specifications creates any hazardous wastes, those wastes shall be properly disposed of according to federal, state and local laws, at the expense of the Contractor. The Contractor shall dispose of the wastes under its own EPA Generator Number. In no event shall the City be identified as the generator. The contractor shall notify the Engineer of any such hazardous wastes and the City reserves the right to a copy of any tests conducted on the wastes and, at its cost, to perform additional tests or examine those wastes, prior to its disposition. The Contractor shall hold harmless, indemnify and defend the City from any claims arising from the disposal of the hazardous wastes, regardless of the absence of negligence or other malfeasance by Contractor.
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SECTION 8
PROSECUTION AND PROGRESS
G8.01 SUBCONTRACTING. The Contractor shall give its personal attention to the fulfillment of the Contract and shall keep the Work under its direct control and supervision.
No subcontractor will be recognized as such and nothing in the Contract Documents shall create any contractual relationship between the City and any subcontractor. The Contractor is as fully responsible to the City for the acts and omissions of the Contractor’s subcontractors and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons directly employed by Contractor.
The Contractor shall perform with its own organization Contract work amounting to not less than fifty percent (50%) of the original total Contract price, unless otherwise specified in the Special Provisions.
Where an entire item is subcontracted, the value of the subcontracted work will be based on the Contract item bid price. When a portion of an item is subcontracted, the value of work subcontracted will be based on the estimated percentage of the Contract item bid price, determined from information submitted by the Contractor, subject to approval by the Engineer.
Attention is directed to the requirements of (commencing with California Public Contract Code Section 4100) the California Public Contract Code, which are applicable to this Contract. Each bidder shall list in its Bid the name and business address of each subcontractor to whom the bidder proposes to subcontract a portion of the work, and shall list each subcontractor, licensed by the State of California, proposed by the bidder to specially fabricate and install a portion of the work. Said list shall include a description of the portion of the work which shall be done by each subcontractor. The bidder shall execute and submit with its Bid the "List of Subcontractors" on the form included in this book.
Additional forms may be obtained from the Engineer. The Contractor shall not, without the written consent of the City, either substitute any person as subcontractor in place of the subcontractor designated in the original List of Subcontractors, or sublet or subcontract any portion of the work in excess of one-half of one percent of the total amount of its proposal for which he did not originally designate a subcontractor.
When a portion of the work which has been subcontracted by the Contractor is not being prosecuted in a manner satisfactory to the City, the subcontractor shall be removed immediately by Contractor on the request of the City, and shall not again be employed on the work.
The on-site production of materials produced by any person or entity other than the Contractor's forces shall be considered as subcontracted. The erection, establishment or reopening of on-site plants for production of materials and the operation thereof in the production of materials for use on the work, shall conform to the requirements relating to labor set forth in the Contract Documents.
The Contractor shall require, by written agreement, each subcontractor to be bound to the Contractor by terms of the Contract Documents and to assume toward the Contractor all the obligations and responsibilities which the Contractor, by the Contract Documents, assumes toward the City, to the extent of the work to be performed by the subcontractor. Each subcontract agreement shall preserve and protect the rights of the City under the Contract Documents with respect to the work to be performed by the subcontractor, so that subcontracting will not prejudice such rights.
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G8.02 ASSIGNMENT. The performance of the Contract may not be assigned by Contractor except upon the written consent of the City. Consent will not be given to any proposed assignment which would relieve the original Contractor or its surety of their responsibilities under the Contract nor will the City consent to any assignment of a part of the work to be performed under the Contract.
The Contractor may assign monies due or to become due him under the Contract and such assignment will be recognized by the City, if given proper notice thereof, to the extent permitted by law, but any assignment of monies shall be subject to all proper set-offs in favor of the City and to all deductions provided for in the Contract, and particularly all money withheld, whether assigned or not, shall be subject to being used by the City for the completion of the work in the event that the Contractor should be in default therein.
G8.03 NOTICE TO PROCEED. As soon as practicable after execution of the Contract by the City, approval by the City of the Contract Bonds and all other documents listed in the Contract, and after receipt of acceptable insurance certificates by the City, and any other items as may be required in the Contract Documents, a written Notice to Proceed will be mailed or hand delivered to the Contractor. The effective date of the Notice to Proceed will be the date stated as such in the Notice to Proceed, provided that the effective date will not be earlier than the calendar day following the issuance of the Notice to Proceed.
G8.04 BEGINNING OF WORK. The Contractor is not authorized to perform any work on the Project until he has received a Notice to Proceed from the City. No later than ten (10) calendar days after the effective date of such Notice to Proceed, the Contractor shall commence work and shall diligently prosecute the same to completion within the time limit provided in the Special Provisions.
The Contractor shall notify the Engineer, in writing, of its intent to begin work at least 72 hours before work is begun and shall specify the date the Contractor intends to start. If the Project has more than one location of work, a separate notice shall be given for each location.
Should the Contractor begin work in advance of receiving the Notice to Proceed and providing notice to the Engineer, any work performed by Contractor in advance of such notice shall be considered as having been done by Contractor at its own risk and as a volunteer.
G8.05 SCHEDULES AND PROGRESS REPORTS. The Contractor shall, within the time specified in the Special Provisions after the effective date of the Notice to Proceed, submit to the Engineer the specified number of copies of a construction schedule covering its operations for the work. Failure to submit at any time a proper and adequate schedule as specified shall be adequate reason alone to delay approval of any partial payments as an improperly submitted payment request until such required schedule is submitted and accepted. The construction schedule shall be in the form required by the Special Provisions or Specifications. The schedule shall show the order in which the Contractor proposes to carry out the work and the dates on which he expects to start and finish each part or division of the work (including procurement of materials, plant and equipment). The construction schedule shall be consistent with the time and order of work requirements of the Contract Documents and shall provide for expeditious and practicable execution of the work; provided that it shall not show a completion date earlier than the date by which the Contract must be completed pursuant to Section G8.07 and the corresponding Special Provision unless this early completion date was submitted with the Contractor's Proposal and the Contractor agrees to sign a Change Order reducing the completion time to that proposed by its schedule. If the Contractor desires to revise its construction schedule, or if it becomes necessary to revise it due to major changes, he shall submit the specified number of copies of the revised schedule for review and comment by the Engineer.
The Contractor shall, within ten (10) days after the effective date of the Notice to Proceed, also submit F.3.c
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to the Engineer three copies of a schedule of submittals which is coordinated with the Contractor's construction schedule and within the review times provided in the Contract Documents.
For a payment request to be complete and proper, the Contractor shall submit to the Engineer, at the time of submittal of the invoice for work completed (See Section G9.08), a schedule summary report in a form and of sufficient detail and character as specified in the Special Provisions. The schedule summary report shall include the updated current construction schedule and shall specify whether the project is on schedule and, if not, the reasons therefor and actions being taken to get back on schedule if work is behind schedule. The monthly schedule summary report shall also indicate the delivery status of major and critical items of purchased equipment and material, the status of shop drawings and field fabricated work and such other information as may be required and set out in the Special Provisions.
G8.06 SITE MEETINGS. The Contractor shall schedule meetings with the Engineer and each active subcontractor at the work site weekly, or at such other frequency as specified in the Special Provisions. Each subcontractor shall have present a competent representative to report the conditions of its work and to discuss problems.
G8.07 TIME OF COMPLETION. The Contractor shall complete all or any designated portion(s) of the work called for under the Contract in all parts, manner and requirements within the time set forth in the Special Provisions.
G8.08 ADDITIONAL SHIFT WORK. The time limits specified for the completion of the work contemplated may be insufficient to permit completion of the work by the Contractor working a normal number of hours per day or week on a single shift basis. Where additional shifts or premium time pay are necessary to ensure that the work will be completed within the time limits specified, any resul ting additional costs will be considered to be included in the price paid for the various Contract items of work and no additional compensation to Contractor will be allowed therefor.
If the Contractor desires to carry on work at night or outside regular working hours, he shall give timely written notice to the Engineer to allow satisfactory arrangements to be made for observing the work in progress.
G8.09 CITY'S RIGHT TO STOP THE WORK. If the Contractor fails to promptly correct work which is not in accordance with the requirements of the Contract Documents or persistently fails to carry out work in accordance with the Contract Documents, the Engineer may, in writing, order the Contractor to stop the work, or any portion thereof, until the cause for such order has been eliminated.
The Contractor shall immediately comply with a written order of the Engineer to stop the Work. The W ork stopped shall be resumed as and when ordered by the Engineer.
G8.10 LIQUIDATED DAMAGES. It is agreed by the parties herein to the Contract that in case all the work called for under the Contract, in all parts and requirements, is not completed within the number of days as set forth in the Special Provisions, damage will be sustained by the City and that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the City will sustain in the event of and by reason of such delay; and it is therefore agreed that the Contractor shall pay to the City, as liquidated damages for delay and not as a penalty, the sum set forth in the Special Provisions per day for each and every calendar day's delay in completing the work in excess of the number of days prescribed; and the Contractor agrees to pay said liquidated damages herein provided for, and further agrees that the City may deduct the amount thereof from any monies due or that may become due the Contractor under the Contract if the Contractor has not paid within seven (7) days any demand from the City for liquidated damages. If, based on the current
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approved progress schedule and rate of progress, it is determined by the Engineer that completion will exceed the Contract time, as extended by any change orders, the Engineer may prospectively assess and withhold liquidated damages from any progress payments to Contractor. If and at such time as progress by Contractor improves to indicate timely completion, liquidated damages so withheld may be released at the next regular progress payment.
G8.11 DELAYS AND EXTENSIONS OF TIME. The Contractor will be granted an extension of time and will not be assessed with liquidated damages or the cost of engineering and inspection for any portion of the delay in completion of the work beyond the time set forth in the Special Provi sions caused by unforeseeable causes beyond the control and without the fault or negligence of the Contractor or subcontractor. Examples of such causes include acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes and other work stoppages caused by a labor dispute, shortage of materials as conditioned below, and freight embargoes, changes made under Section 4.04 ("Changes") or acts or neglect of the City or Engineer not contemplated by the Contract Documents. In all cases, any extension of time is conditioned on the following: (1) that the cause is not due in any respects to the fault of the Contractor or subcontractor and the Contractor has taken reasonable precautions to prevent delays due to such cause, (2) that the Contractor has developed and implemented work-around plans, schedules and actions to mitigate or avoid project completion delays to the extent practical and possible, (3) that any delayed activities are on the critical path and (4) that the Contractor notifies the Engineer in writing within ten (10) calendar days from the beginning of such delay specifying the nature of the delay, the number of days actually delayed or expected to be delayed and the measures taken to prevent, mitigate or minimize the delay. Failure by Contractor to submit written notice to the Engineer within this time shall constitute an absolute waiver by Contractor of any claim for a time extension; failure to submit all the required information by Contractor shall be sufficient cause for denial of the request for a time extension; and failure by Contractor to have a current and updated schedule on file with the Engineer at the time of request for a time extension or claim of delay shall be sufficient cause alone for the City to reject a claim and deny a request for a time extension.
Further, no extension of time will be granted to Contractor for a delay caused by a shortage of or delay in delivery of materials, unless the Contractor promptly furnishes to the Engineer documentary proof that he has diligently made on a timely basis every effort to obtain such materials from all known sources within reasonable reach of the work and further proof, in the form of schedule data as required in Section G8.05, that the inability to obtain such materials when originally planned did in fact cause a delay in final completion of the entire work which could not be compensated for by revising the sequence of the Contractor's operations. Only the physical shortage of material will be considered as a cause for extension of time, and no consideration will be given to any claim that material could not be obtained at a reasonable, practical or economical cost or price, unless it is shown to the satisfaction of the Engineer that such material could have been obtained only at exorbitant prices entirely out of line with current rates, taking into account the quantities involved and the usual practices in obtaining such quantities.
The term "shortage of materials," as used in this Section, shall apply only to materials, articles, parts or equipment which are standard items and shall not apply to materials, parts, articles or equipment which are processed, made, constructed, fabricated or manufactured to meet the specific requirements of the contract.
No extension of time will be granted for storms or adverse weather conditions which may reasonably be expected for the area in which the work is being performed, based on official records of monthly precipitation and other historical data. The intensity alone of any single or series of storms shall not be the basis for a time extension. In submitting a bid the bidder is certifying its understanding of the conditions for any time extension for storms or adverse weather and that he has included full F.3.c
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consideration of delays in work due to weather conditions that reasonably can be expected in the project area.
No extensions of time will be granted for delays that have no measurable impact on the completion of the total work under the Contract. When extensions of time are granted, they will be limited to the period equivalent to the actual number of workdays lost on the critical path or controlling operation of construction, taking into account the extent to which that delay could be decreased by reasonable mitigation and work around measures by the Contractor or its subcontractor. All requests for extensions of time must be supported with a critical path analysis showing the critical path and impacts to it.
Within a reasonable period of time after the Contractor submits the notice and information required by this Section, the Engineer will determine whether an extension of time is justified and, if so, the number of days for the extension.
The Contractor shall have no claim for damage or compensation against City for any delay or hindrance and shall be fully compensated by an extension of time provided as set forth in this Section.
Notwithstanding the preceding sentence, the Contractor may only submit a claim for compensable delay caused by acts or omissions of the City but only if such acts or omissions: (1) cause delay which is unreasonable in the circumstances and (2) are not such as to be within the contemplation of the parties. It is expressly agreed that delays by the City in providing access to the work site are not within the contemplation of the parties but that delays by the City in reviewing shop drawings and submittals and the risk of delays due to errors or omissions in the Contract Drawings are within the contemplation of the parties as expectable events in the construction process.
G8.12 TERMINATION OF RIGHT TO PROCEED. If the Contractor should appear to the Engineer to be in default and the Contractor fails to remedy its default within ten (10) days after receipt from the Engineer of notice of such default, the City may terminate the Contractor's right to proceed with the W ork or that portion which the Engineer determines is most directly affected by the default.
The term "default" for purposes of this Section includes, but is not limited t o, the performance of work in violation of the terms of the Contract; abandonment, assignment or subletting of the Contract without approval of the City; bankruptcy of Contractor or appointment of a receiver for Contractor's property; refusal or failure by Contractor to properly to prosecute the work; Contractor’s use of materials, supplies, plant or equipment of improper quality or quantity; refusal or failure by Contractor to use an adequate number of properly skilled workers; failure by Contractor to provide proper workmanship; failure by Contractor to take effective steps to end a prolonged labor dispute; and Contractor’s performance of the Contract in bad faith.
Upon the City's termination of the Contractor's right to proceed with the Work, or a portion of it, the City shall have the right to complete the W ork, or the portion involved, by whatever means and methods it deems expedient, including the hiring of others on such terms as the City deems advisable. The City shall have the right to take possession of the Contractor's materials, plant, tools, equipment and property of any kind provided by or on behalf of the Contractor for the purpose of the W ork, or a portion of them, without being responsible to the Contractor for fair wear and tear. The Contractor shall have no rights in such property during its use by the City. The City shall not be required to obtain the lowest prices for completing the Work or a portion of it but shall make such expenditures as, in the City's sole judgment, best accomplish such completion.
The expense of completing such work or portion thereof, together with a reasonable charge for engineering, managerial and administrative services, as certified by the City, shall be charged to the Contractor, and the expense so charged shall be deducted by the City out of such monies as may be F.3.c
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due or may at any time thereafter become due to the Contractor. In case such expense is more than the sum which otherwise would have been payable to the Contractor under the Contract, then the Contractor or its surety or sureties shall promptly pay the amount of such excess so due to the City.
The City may, in its sole discretion, withhold all or any part of any progress payments otherwise due the Contractor until completion and final settlement of the work covered by such notice of default.
G8.13 TERMINATION OF CONTRACT.
A. Termination for Cause. The City may terminate the Contract if the Contractor:
1. persistently or repeatedly fails or refuses to supply enough properly skilled workers or proper materials;
2. fails to make payment to subcontractors for materials or labor in accordance with the respective agreements between the Contractor and subcontractor;
3. persistently disregards laws, ordinances or rules, regulations or orders of a public authority having jurisdiction; or
4. otherwise is guilty of a material breach of a provision of the Contract Documents. A "default" as defined in Section G8.12 shall constitute a substantial breach of the Contract Documents.
When any of the above reasons exist, the City may, without prejudice to any other rights or remedies of the City under this Contract or otherwise, upon ten (10) days' written notice, terminate the Contract and may:
1. take possession of the site and of all materials, equipment, tools and construction equipment and machinery thereon owned by the Contractor;
2. finish the work by whatever means the City deems expedient.
When the City terminates the Contract under this Section, the Contractor shall not be entitled to receive any further payments to which the Contractor is actually due until the W ork is completed and accepted by the City, and the Contractor is properly due any further payment.
The provisions of the last two paragraphs of Section G8.12 shall apply if the City terminates the Contract.
The City will issue the Contractor a written notice specifying that the Contract is to be terminated.
Upon receipt of said written notice and, except as otherwise directed in writing by the Engineer, the Contractor shall:
1. stop all work under the Contract except that work specifically directed to be completed prior to acceptance;
2. perform work the Engineer deems necessary to secure the project for termination;
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3. remove equipment from the site of work, as directed by the Engineer;
4. take such action as is necessary to protect the work and materials from damage;
5. notify all subcontractors and suppliers that the Contract is being terminated and that their contracts or orders are not to be further performed unless otherwise authorized in writing by the Engineer;
6. provide the Engineer with an inventory list of all materials previously produced, purchased or ordered from suppliers for use in the work and not yet used in the work, including its storage location, and such other information as the Engineer may request;
7. dispose of materials not used in the work as directed by the Engineer.
It shall be the Contractor's responsibility to provide the City with good title to all materials purchased by the City hereunder, including materials for which partial payment has been made as provided in Section G9.10, "Partial Payments," of these General Conditions and with bills of sale or other documents of title for such materials;
8. subject to the prior written approval of the Engineer, settle all outstanding liabilities and all claims arising out of subcontracts or orders for materials terminated hereunder. To the extent directed by the Engineer, the Contractor shall assign to the City all the rights, title and interest of the Contractor under subcontracts or orders for materials terminated hereunder;
9. furnish the Engineer with the documentation required to be furnished by the Contractor under the provisions of the Contract including, on projects as to which state and/or federal funds are involved, all documentation required under the state and/or federal requirements included in the Contract; and
10. take such other actions as the Engineer may direct.
B. Termination for Convenience. The City, at its sole discretion, may terminate this Contract in whole, or from time to time in part, at any time and for any reason, whenever the City shall determine that such termination is in the best interests of the City. Any termination which is not based on the circumstances set forth in Subsection A above, shall be effected by delivery to the Contractor of a notice of termination specifying the extent to which performance of work under the contract is terminated, and the date upon which such termination becomes effective. In such event, Contractor shall be paid for all actual substantiated direct costs of materials furnished and work performed up to the date of termination and such additional compensation as the City deems proper and reasonable to effect termination.
Upon Contractor's receipt of a written notice of termination for convenience, the Contractor shall cease work as to those portions of the project so terminated and shall undertake the steps outlined in Subsection A above.
In the event that the City terminates this Contract under Subsection A above and it is determined for F.3.c
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any reason that there was not sufficient cause to do so, the City's termination automatically will convert to a termination for convenience under this Subsection B and the terms and conditions outlined in this Subsection automatically will be applied to effectuate the Contract termination.
G8.14 CITY AND NON-CITY FACILITIES. The Contractor shall protect from damage those utilities and City and non-City facilities that are to remain in place, be installed, relocated or otherwise arranged.
Attention is directed to the possible existence of any and all facilities not shown, and of facilities in a location different from that which is indicated. The Contractor shall take all steps necessary to ascertain the exact location of all facilities prior to doing work which may damage such facilities or interfere with their service. Where the location of a facility is not indicated or is in doubt, the Contractor shall make such excavations and explorations as are necessary to ascertain the correct location. The cost of such excavations and explorations will be considered as a part of the cost of other items of work and no additional payment will be made to Contractor. Such excavations and exploratory work shall also not entitle the Contractor to an extension of time.
Where it is determined by the Engineer that the rearrangement of an underground facility, the existence of which is not shown on the drawings, is essential in order to accommodate the work, the Engineer will provide for the rearrangement of such facility by other forces or, when so ordered by Change Order, such rearrangement shall be performed by the Contractor and will be paid for as provided under the Change Order.
The Contractor shall maintain all utility facilities placed by him in temporary locations, and all utilities within the construction area not required to be relocated but which are required to be shored or supported during the construction period. The cost of such shoring, supports and maintenance shall be borne by the Contractor and no other compensation shall be due the Contractor for this work.
The cost of providing and maintaining all necessary or required temporary structures, of making any necessary repairs, replacements, or similar operations, or furnishing indemnity or other bonds, if required, and all costs required by this Section shall be paid by the Contractor and shall be included in the prices bid in the schedule for other items of work.
G8.15 TEMPORARY UTILITIES. The Contractor shall make its own arrangements with utility companies for any services he may require in performance of the work of this Contract and shall pay all costs of these services directly to these utility organizations.
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SECTION 9
MEASUREMENT AND PAYMENT
G9.01 MEASUREMENT OF QUANTITIES. All work to be paid for at a Contract price per unit of measurement will be measured by the Engineer in accordance with United States Standard Measures unless otherwise specified in the Special Provisions or Bid Schedule.
G9.02 SCOPE OF PAYMENT. The Contractor shall accept the compensation provided in the Contract as full payment for furnishing all labor, materials, tools, equipment and incidentals necessary to the completed work and for performing all work contemplated and embraced under the Contract; also for loss or damage arising from the nature of the work, or from the action of the elements, or from any unforeseen difficulties which may be encountered during the prosecution of the work until the acceptance by the City; and for all risks of every description connected with the prosecution of the work, also for all expense incurred in consequence of the suspension or discontinuance of the work as herein specified; and for completing the work according to t he Contract Documents. Neither the payment of any estimate nor of any retained percentage shall relieve the Contractor of any obligation to make good any defective work or materials.
No compensation will be made in any case for loss of anticipated profits.
Except as specifically provided otherwise, no separate payment will be made for work covered in any of these General Conditions, the Special Provisions, the Greenbook, and if used, the Technical Specifications, and the cost thereof will be considered as included in the prices paid for the various Contract items included in the Bid.
If the "payment" clause in the Contract Documents relating to any unit price in the bid schedule requires that the said unit price cover and be considered compensation for certain work or material essential to the item, this same work or material will not also be measured nor paid for under any other pay item which may appear elsewhere in the Contract Documents.
G9.03 FORCE ACCOUNT PAYMENT. When extra work or other work done pursuant to a Change Order is to be paid for on a force account basis, the labor, materials and equipment used in the performance of such work shall be subject to the approval of the Engineer and compensation will be determined as follows:
A. Work Performed by Contractor. The Contractor will be paid the direct costs for labor, materials and equipment used in performing the work determined as hereafter provided in Sections 9.03A(1), "Labor," 9.03A(2), "Materials," and 9.03A(3), "Equipment Rental," except where agreement has been reached to pay in accordance with Section 9.03B, "Work Performed by Special Forces or Other Special Services."
To the total of the direct costs computed as provided in Sections 9.03.A(1), "Labor," 9.03.A(2), "Materials" and 9.03.A(3), "Equipment Rental," there will be added a markup of 33 percent to the cost of labor, 15 percent to the cost of materials, 15 percent to the cost of Contractor - owned equipment, and 15 percent to rented equipment.
The above markups shall constitute full compensation, covering the cost of general supervision, overhead, profit and any other general expense not specifically designated as cost or equipment rental in Sections 9.03.A(1), (2) and (3). The total payment made as provided F.3.c
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above shall be deemed to be the actual cost of such work and shall constitute full compensation therefor.
When work paid for on a force account basis is performed by subcontractor(s), the Contractor shall reach agreement with subcontractor(s) as to the distribut ion of the payment made by the City for such work. No additional payment therefor will be made by the City by reason of the performance of the work by a subcontractor(s) or other forces.
(1) Labor. The Contractor will be paid the cost of labor for the workmen (including foremen when authorized by the Engineer), used in the actual and direct performance of the work. The cost of labor, whether the employer is the Contractor, subcontractor or other forces, will be the sum of the following:
(la) Actual Wages. The actual wages paid shall include any employer payments to or on behalf of the workmen for health and welfare, pension, vacation and similar purposes.
(lb) Labor Surcharge. To the actual wages, as defined in Section
9.03A(la), will be added a labor surcharge set forth in the California Department of Transportation publication entitled Labor Surcharge And Equipment Rental Rates, which is in effect on the date upon which the work is accomplished and which is a part of the Contract. Said labor surcharge shal l constitute full compensation for all payments imposed by State and Federal laws and for all other payments made to, or on behalf of, the workmen, other than actual wages as defined in Section
9.03A(la) and subsistence and travel allowance as specified in Section 9.03A(lc).
(2) Materials. The City reserves the right to furnish such materials as it deems advisable, and the Contractor shall have no claims for costs and markup on such materials.
Only materials furnished by the Contractor and necessarily used in the performance of the work will be paid for. The cost of such materials will be the cost to the purchaser, whether Contractor, subcontractor or other forces, from the supplier thereof, except as the following are applicable:
(2a) If a cash or trade discount by the actual supplier is offered or available to the purchaser, it shall be credited to the City notwithstanding the fact that such discount may not have been taken.
(2b) If materials are procured by the purchaser by any method which is not a direct purchase from and a direct billing by the actual supplier to such purchaser, the cost of such materials shall be deemed to be the price paid to the actual supplier as determined by the Engineer plus the actual costs, if any, incurred in the handling of such materials.
(2c) If the materials are obtained from a supply or source owned wholly or in part by the purchaser, the cost of such materials shall not exceed the price paid by the purchaser for similar materials furnished from said source on Contract items or the current wholesale price for such materials delivered to the job site, whichever price is lower, less any discounts as provided in Section 9.03A(2a).
(2d) If the cost of such materials is, in the opinion of the Engineer, excessive, then the cost of such material shall be deemed to be the lowest current wholesale price at which such materials were available in the quantities concerned delivered to the job site, less any discounts as provided in Section 9.03A(2a).
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(2e) If the Contractor does not furnish satisfactory evidence of the cost of such materials from the actual supplier thereof within sixty (60) days after the date of delivery of the materials or within fifteen (15) days after acceptance of the Contract, whichever occurs first, the City reserves the right to establish the cost of such materials at the lowest current wholesale prices at which such materials were available in the quantities concerned delivered to the location of the work, less any discounts as provided in Section 9.03A(2a).
(3) Equipment Rental. The Contractor will be paid for the use of equipment at the rental rates listed for such equipment in the California Department of Transportation publication entitled Labor Surcharge And Equipment Rental Rates, which is in effect on the date upon which the work is accomplished and which is a part of the Contract, regardless of ownership and any rental or other agreement, if such may exist, for the use of such equipment entered into by the Contractor except that for those pieces of equipment with a rental rate of $10.00 per hour or less as listed in the Labor Surcharge And Equipment Rental Rates publication and which are rented from a local equipment agency, other than Contractor owned, the Contractor will be paid at the hourly rate shown on the rental agency invoice or agreement for the time used on force account work as provided in Section 9.03A(3a), "Equipment on the Work." If a minimum equipment rental amount is required by the local equipment rental agency, the actual amount charged will be paid to the Contractor. If it is deemed necessary by the Engineer to use equipment not listed in the said publication, a suitable rental rate for such equipment will be established by the Engineer. The Contractor may fu rnish any cost data which might assist the Engineer in the establishment of such rental rate. If the rental rate established by the Engineer is $10.00 per hour or less, the provisions above concerning rental of equipment from a local equipment agency shall apply.
The rental rates paid as above provided shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance and all incidentals.
Operators of rented equipment will be paid for as provided in Section 9.03A(1), "Labor."
All equipment shall, in the opinion of the Engineer, be in good working condition and suitable for the purpose for which the equipment is to be used.
Unless otherwise specified, manufacturer's ratings and manufacturer approved modifications shall be used to classify equipment for the determination of applicable rental rates.
Equipment which has no direct power unit shall be powered by a unit of at least the minimum rating recommended by the manufacturer.
Individual pieces of equipment or tools not listed in said publication and having a replacement value of $500 or less, whether or not consumed by use, shall be considered to be small tools and no payment will be made therefor.
Rental time will not be allowed while equipment is inoperative due to breakdowns.
(3a) Equipment on the Work. The rental time to be paid for equipment on the work shall be the time the equipment is in operation on the extra work being performed, and in addition, shall include the time required to move the equipment to the location of the extra work and return it to the original location or to another location requiring no more time that F.3.c
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that required to return it to its original location, except that moving time will not be paid for if the equipment is used at the site of the extra work on other than such extra work. Loading and transporting costs will be allowed, in lieu of moving time, when the equipment is moved by means other than its own power, except that no payment will be made if the equipment is used at the site of the extra work on other than such extra work.
The following shall be used in computing the rental time of equipment on the work:
(1) When hourly rates are listed, less than 30 minutes of operation shall be considered to be 2 hour of operation.
(2) When daily rates are listed, less than 4 hours of operation shall be considered to be 2 day of operation.
(3b) Equipment Not on the Work. For the use of equipment moved in on the Work and used exclusively for extra work paid for on a force account basis, the Contractor will be paid the rental rates listed in the Department of Transportation publication entitled Labor Surcharge And Equipment Rental Rates, which is in effect on the date upon which the work is accomplished and which is a part of the contract, or determined as provided in Section 9.03A(3) and for the cost of transporting the equipment to the location of the work and its return to its original location, all in accordance with the following provisions:
(1) The original location of the equipment to be hauled to the location of the work will be agreed to by the Engineer in advance.
(2) The City will pay the costs of loading and unloading such equipment.
(3) The cost of transporting equipment in low bed trailers shall not exceed the hourly rates charged by established haulers.
(4) The cost of transporting equipment shall not exceed the applicable minimum established rates of the Public Utilities Commission.
(5) The rental period shall begin at the time the equipment is unloaded at the site of the extra work or the extra work is available to be accomplished whichever occurs later, shall include each day that the equipment is at the site of the extra work, excluding Saturdays, Sundays, and legal holidays unless the equipment is used to perform the extra work on such days, and shall terminate at the end of the day on which the Engineer directs the Contractor to discontinue the use of such equipment or its further use is unnecessary. The rental time to be paid per day will be in accordance with the following:
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Hours Equipment Hours to
is in Operation be Paid
0 ............... 4
0.5 ............... 4.25
1 ............... 4.5
1.5 ............... 4.75
2 ............... 5
2.5 ............... 5.25
3 ............... 5.5
3.5 ............... 5.75
4 ............... 6
4.5 ............... 6.25
5 ............... 6.5
5.5 ............... 6.75
6 ............... 7
6.5 ............... 7.25
7 ............... 7.5
7.5 ............... 7.75
8 ............... 8
Over 8 hours in operation
The hours to be paid for equipment which is operated less than eight (8) hours due to breakdown shall not exceed eight (8) less than the number of hours the equipment is inoperative due to breakdowns.
When hourly rates are listed, less than thirty (30) minutes of operation shall be considered to be one-half (2) hour of operation.
When daily rates are listed, payment for one-half (2) day will be made if the equipment is not used. If the equipment is used, payment will be made for one (1) day.
The minimum rental time to be paid for the entire rental period on an hourly basis shall not be less than eight (8) hours or if on a daily basis, shall not be less than one (1) day.
(6) Should the Contractor desire the return of the equipment to a location other than its original location, the City will pay the cost of transportation in accordance with the above provisions; provided such payment shall not exceed the cost of moving the equipment to the work.
(7) Payment for transporting, and loading and unloading equipment, as above provided, will not be made if the equipment is used on the work in any other way than upon extra work paid for on a force account basis.
(3c) Owner-Operated Equipment. When owner-operated equipment is used to perform extra work to be paid for on a force account basis, the Contractor will be paid for the equipment and operator, as follows:
Payment for the equipment will be made in accordance with the provisions in Section 9.03A(3), "Equipment Rental."
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Payment for the cost of labor and subsistence or travel allowance will be made at the rates paid by the Contractor to other workmen operating similar equipment already on the project, or, in the absence of such other workmen, at the rates for such labor established by collective bargaining agreements for the type of workman and location of the work, whether or not the owner-operator is actually covered by such an agreement. A labor surcharge will be added to the cost of labor described herein, in accordance with the provisions in Section 9.03A(1b), "Labor Surcharge."
To the direct cost of equipment rental and labor, computed as provided herein, will be added the markups for equipment rental and labor as provided in Section
9.03A, "Work Performed by Contractor."
(3d) Dump Truck Rental. Dump truck rental shall conform to the provisions of Section 9.03A(3), "Equipment rental," 9.03A(3a), "Equipment on the Work," and
9.03A(3b), "Equipment not on the Work," except as follows:
Fully maintained and operated rental dump trucks used in the performance of extra work paid for on a force account basis will be paid for at the same hourly rate paid by the Contractor for use of fully maintained and operated rental dump trucks in performing contract item work.
In the absence of contract item work requiring dump truck rental, the Engineer will establish an hourly rental rate to be paid. The Contractor shall provide the Engineer with complete information on the hourly rental rates available for rental of fully maintained and operated dump trucks.
The provisions in Section 9.03A(1), "Labor," shall not apply to operators of rented dump trucks.
The rental rates listed for dump trucks in the Department of Transportation publication entitled Labor Surcharge And Equipment Rental Rates shall not apply.
To the total of the rental costs for fully maintained and operated dump trucks, including labor, there will be added a markup of 15 percent. No separate markup will be made for labor.
The provisions of Section 9.03A(3c), "Owner-Operated Equipment," shall not apply to dump truck rentals.
B. Work Performed by Special Forces or Other Special Services. When the Engineer and the Contractor, by agreement, determine that a special service or an item of extra work cannot be performed by the forces of the Contractor or those of any of its subcontractors, such service or extra work item may be performed by a specialist. Invoices for such service or item of extr a work on the basis of the current market price thereof may be accepted without complete itemization of labor, materials and equipment rental costs when it is impracticable and not in accordance with the established practice of the special service industry to provide such complete itemization.
In those instances wherein a contractor is required to perform extra work necessitating a fabrication or machining process in a fabrication or machine shop facility away from the job site, the charges for that portion of the extra work performed in such facility may, by agreement, be accepted as a specialist billing.
To the specialist invoice price, less a credit to the City for any cash or trade discount offered or available, whether or not such discount may have been taken, will be added 15 percent in lieu of the percentages provided in Section 9.03A, "Work Performed by Contractor." F.3.c
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G9.04 FORCE ACCOUNT RECORDS. The Contractor shall maintain its records in such a manner as to provide a clear distinction between the direct costs of extra work paid for on a force account basis and the costs of other operations. The records and extra work reports shall be maintained and prepared for specific scopes of work provided by the Engineer. The Engineer may establish a Not to Exceed cost for a specific scope of work. In such cases the Contractor shall maintain records so as to ensure that the Not to Exceed cost is not exceeded but that the Engineer is advised in writing ahead of time if it is anticipated that the cost will be exceeded so that the Engineer may consider action to increase the Not to Exceed cost or modify the scope of work. The City shall not pay for any costs above the Not to Exceed cost if the Contractor has not provided such notice in writing at least seven (7) calendar days in advance of the date the Contractor anticipates reaching the Not to Exceed cost.
From the above records, the Contractor shall furnish the Engineer completed daily extra work reports, on forms furnished by the City or on computerized facsimiles of the City's forms acceptable to the Engineer, for each day's extra work to be paid for on a force account basis. The daily reports shall itemize the materials used whether invoices are or are not available that day and shall cover the direct cost of labor and the charges for equipment rental, whether furnished by the Contractor, subcontractor, or other forces, except for charges described in Section G9.03.B, "Work Performed by Special Forces or Other Special Services." The daily extra work reports shall provide names or identifications and classifications of workers, the hourly rate of pay and hours worked, and also the size, type and identification number of equipment, and hours operated. With each daily extra work report submitted to the Engineer, the Contractor shall compile the total cost of the extra work accomplished to date for a specific scope of work and compare it to the Not to Exceed cost if one has been established by the Engineer.
Material charges shall be substantiated by valid copies of vendor's invoices. Such invoices shall be submitted with the daily extra work reports, or if not available, they shall be submitted with subsequent daily extra work reports clearly and distinctly noting the previous daily report(s) to which they pertain.
Should vendor's invoices not be submitted within sixty (60) days after the date of use of the materials or within fifteen (15) days after the acceptance of the Contract, whichever occurs first, the City reserves the right to establish the cost of such materials at the lowest current wholesale prices at which said materials are available in the quantities concerned delivered to the location of the work, less any discounts provided in Section G9.03.A.
The daily extra work reports shall be signed by the Contractor or its authorized representative. The daily reports shall be turned in to the Engineer no later than by the close of business on the working day following the day of the report. Failure to turn in reports on this schedule shall be the basis for denying payment and/or using the Engineer's records only as the final and indisputable basis for payment. Reports must be complete as noted above.
The Engineer will compare its records with the completed daily extra work reports furnished by the Contractor and make any necessary adjustments.
When these daily extra work reports are agreed upon and signed by both parties, except for delinquent reports as noted above, said reports shall become the basis of payment for the work performed, but shall not preclude subsequent adjustment based on the later audit by the City.
The Contractor's cost records pertaining to work paid for on a force account basis shall be open to inspection or audit by representatives of the City, during the life of the contract and for a period of not less than 3 years after the date of acceptance thereof, and the Contractor shall retain such records for that period. Where payment for materials or labor is based on the cost thereof to forces other than the Contractor, the Contractor shall make every reasonable effort to insure that the cost records of such other forces will be open to inspection and audit by representatives of the City on the same terms and conditions as the cost records of the Contractor. If an audit is to be commenced more than F.3.c
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sixty (60) days after the acceptance date of the contract, the Contractor will be given a reasonable notice of the time when such audit is to begin.
Payment as provided in Sections 9.03A, "Work Performed by Contractor," and 9.03B, "Work Performed by Special Forces or Other Special Services," shall constitute full compensation to the Contractor for performance of work paid for on a force account basis and no additional compensation will be allowed therefor. Such payment will be made in accordance with the provisions for "Partial Payments."
G9.05 NOTICE OF POTENTIAL CLAIM. The Contractor shall not be entitled to the payment of any additional compensation for any cause, including any act, or failure to act, by the Engineer (including the failure or refusal to issue a Change Order), or the happening of any event, thing or occurrence, unless he shall have given the Engineer due written notice of potential claim as hereinafter specified, provided, however, that compliance with this Sect ion shall not be a prerequisite as to matters within the scope of the Contract Change Order protest provisions in Section G4.09, "Protest Procedure," or the notice provisions in Section G8.11, "Delays and Extension of Time," nor to any claim which is based on differences in measurement or errors of computation as to correct quantities.
The written notice of potential claim shall set forth the reasons for which the Contractor believes additional compensation will or may be due, all relevant facts associated with the claim, the nature of the costs involved and, insofar as possible, the amount of the potential claim. If based on an act or failure to act by the Engineer or the City, such notice shall be given to the Engineer prior to the time that the Contractor has started performance of the work giving rise to the potential claim for additional compensation. In all other cases, notice shall be given within ten (10) days after the happening of the event or occurrence giving rise to the potential claim. Should a claim not be adequate or complete in content as set out above, the Engineer will reject and return the claim for Contractor's reconsideration and resubmission if so decided by Contractor. Any resubmission shall be made within seven (7) days of return by the Engineer to be considered timely unless a longer time frame is allowed by the Engineer.
It is the intention of this Section that differences between the parties arising under and by virtue of the Contract shall be brought to the attention of the Engineer at the earliest possible time in order that such matters may be settled if possible, or other appropriate action promptly taken. The Contractor hereby agrees that he shall have no right to additional compensation for any claim that may be based on any such act, failure to act, event, thing or occurrence for which a written notice of potential claim as herein required was not timely filed or not complete as to required content noted above.
G9.06 RECORDS. Pursuant to Government Code Section 8546.7, Contractor shall retain all project-related records for a period of three (3) years after final payment on this contract, which shall be subject to audit or inspection by the City or the State Auditor during this period.
Separate and apart from the obligations under Section 8546.7, the City shall have the right to audit project records at City’s discretion under the following circumstances: (a) submission of a Public Records Act request regarding the project; (b) inability to resolve a disputed contract change order; or (c) submission of a construction claim.
G9.07 DISPUTE RESOLUTION. To accomplish the intent of early resolution of differences between the parties, the following procedures shall be followed for any Notice of Potential Claim submitted in full compliance with Section 9.05.
The Engineer will review and analyze each claim within the timeframe established by the Engineer based on the nature and complexity of the claim and advise the Contractor of its findings and determinations. The Contractor shall provide supplemental information as may be reasonably requested by the Engineer in the course of its review/analysis, and be available for discussions with F.3.c
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the Engineer on the matter. Failure of the Contractor to provide such information on a timely basis or be available for discussions shall be sufficient cause to deny the claim.
Within ten (10) calendar days of receipt of the Engineer's written findings and determinations the Contractor shall either indicate in writing agreement and acceptance or shall advise the Engineer in writing of any disagreement setting forth clearly and completely the basis for such disagreement and stating what the Contractor's position is on the issue(s) in disagreement. Failure to submit any response within the ten (10) calendar days shall be conclusively construed as Contractor acceptance of the Engineer's determinations and no further claim shall be allowed.
Upon receipt of Contractor's notice of acceptance or a non response within ten (10) calendar days the Engineer will take appropriate action to document resolution of the claim and make any needed adjustments to the contract. Should the Contractor express any disagreement he shall document it in writing to the Engineer and provide any additional documentation supporting its claim. The Engineer will conduct a review and analysis of the Contractor's documentation in the same fashion and under the same conditions as set forth for the original claim and render its final determinations and decision.
The Engineer then will take appropriate actions to adjust the Contract as may be required by its final determinations and decision.
The procedures set forth above are not intended to abrogate or replace the Public Contract Code requirements referred to in General Condition G9.11. If after participating in the dispute resolution procedures set forth above, the Contractor intends to proceed with submission of a claim, then the Contractor must formally resubmit the claim following the procedures in General Condition G9.11 and identifying that the claim is resubmitted pursuant to General Condition G9.11.
G9.08 STOP PAYMENT NOTICES. The City may, at its option and at any time, retain out of any amounts due the Contractor sums sufficient to cover claims filed pursuant to Section 9000, et seq., of the California Civil Code.
G9.09 PAYMENT SCHEDULES. The Contractor shall submit a Schedule of Anticipated Contract Payments and a Schedule of Pay Items for review and approval by the Engineer prior to the initial partial payment to the Contractor. The Schedule of Pay Items shall be prepared by the Contractor in a format approved by the Engineer and shall include such detail as directed by the Engineer. These schedules shall be sufficiently clear and detailed so as to facilitate an accurate and realistic appraisal of monthly progress for the purpose of making partial payments. The value for each bid item shall total the bid amount. The cost breakdown shall include only actual work items.
No amounts will be allowed for mobilization and other overhead costs such as bonds and insurance unless specifically provided for in the Special Provisions or bid schedule. Unless otherwise provided, costs of these items shall be spread uniformly over the actual items of work. The values in the schedule will be used only for determining partial payments.
The Schedule of Anticipated Contract Payments shall be coordinated with the Contractor's construction schedule submitted pursuant to Section G8.05 and shall show the anticipated monthly Contract payments for each of the pay items covered in the Schedule for Pay Items, the total of monthly payments and cumulative total of payments for each month. If the construction schedule is revised, the Schedule of Anticipated Contract Payments shall also be revised and resubmitted for the Engineer's review and approval as circumstances indicate to ensure that the schedule coincides with actual progress. No partial payment will be made until the Engineer has approved the Schedules required by this Section.
G9.10 PROGRESS ESTIMATES AND INVOICES FOR WORK COMPLETED. Once each month, at a time, place and location mutually agreeable, the Contractor and Engineer shall meet to discuss the amount of work completed satisfactorily during the work period since the last invoice for partial payment was prepared. The first such estimate will be of the value of the work done after the Contractor commenced the performance of the contract, and every subsequent estimate, except the F.3.c
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final estimate, will be of the value of the work done after that included in the last preceding estimate.
Such estimates need not be based on strict measurements, but may be approximate only, and will be in due proportion to the whole amount of money, including payments previously made, that will have become due according to the contract when all work required under the contract shall have been completed. A draft invoice for work completed shall be prepared by the Contractor or Engineer as determined by the Engineer; the Engineer's judgment will be final if disputes occur regarding the amount of work completed or its value. Following the meeting, the Cont ractor shall formally submit the invoice for work completed in a form acceptable to the Engineer. The invoice will certify, and be supported by evidence if required by the Engineer, that the work invoiced has been done and that the materials listed have been incorporated into the work. The invoice may include the amount and value of such acceptable material as has been furnished and incorporated into the work. No payment or allowance shall be made for equipment or materials stored within the general work area or elsewhere but not yet satisfactorily incorporated in the work except as may be provided in the Special Provisions.
G9.11 RETENTION. In addition to amounts, if any, withheld pursuant to any other provision of these General Conditions, including the City's right to withhold for the estimated or actual costs of correcting defective work and amounts claimed by the City as liquidated damages or other offsets, the City will retain an amount equal to 5 percent of the estimated value of the work done as part security for the fulfillment of the Contract by the Contractor. Any time after 50 percent of the work has been completed, if the Engineer finds that satisfactory progress is being made, the City may (but need not) reduce the amount being retained from progress payments to any amount less than 5 percent of the value of the estimated value of said work and materials.
In addition, when the Engineer determines that the contract is 95 percent complete, the City may release a portion of total retention amount withheld, and continue to retain such lesser amount as the City determines is adequate security for the fulfillment of the balance of the work and other requirements of the contract, but in no event will said amount be reduced to less than 125 percent of the estimated value of the work yet to be completed as determined by the Engineer. In agreeing to any of the above referenced revised method(s) of progress paym ents, the City reserves the right to return to the original method of progress payments in the amount of 90 percent of work completed, if at any time, the Engineer finds that either the Contractor is not making satisfactory progress or there is a specific cause for greater withholding.
G9.12 PARTIAL PAYMENTS. Upon receipt of a progress payment invoice the Engineer/City will review it as soon as practicable for the purpose of determining whether or not it is proper in both form and content. If a progress payment invoice is determined not to be proper, such as not including schedule information or failure to submit a proper and adequate schedule as set forth in Section G8.05, it shall be returned to the Contractor as soon as practicable but in any event within seven (7) days after receipt together with a written statement why it is not proper. The City will make progress payments within thirty (30) days after receipt of an undisputed and properly submitted progress payment invoice. Attention is directed to Section 20104.50 of the Public Contract Code. No such payment will be made when, in the judgment of the Engineer, (a) the work is not proceeding in accordance with the provisions of the Contract; (b) the Contractor is not complying with the requirements of the Contract; or (c) when the total value of the work done as shown on the invoice does not exceed Three Hundred Dollars ($300.00).
No such invoice or payment will be construed to be an acceptance of any work or materials. Before any progress payment or the final payment is made, the Contractor may be required to submit satisfactory evidence that he is not delinquent in payments to its employees, subcontractors, suppliers or other creditors for labor and materials incorporated into the W ork.
Pursuant to Public Contract Code Section 20104.50, if the City fails to make a progress payment in a timely manner, it shall pay interest to the Contractor at the legal rate set forth in Section 685.010(a) of the California Code of Civil Procedure.
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G9.13 PAYMENT OF WITHHELD FUNDS. Pursuant to Public Contract Code Section 22300, the Contractor may request to deposit securities in escrow equivalent to the amount of funds withheld from progress payments by the City as described in Section G9.11, with the City or a bank acceptable to the City as a substitution for funds withheld by the City. Alternatively, the Contractor may request to have the City make payment of the funds withheld from progress payments as described in Section G9.11 directly to an escrow agent and direct the investment of such funds into securities. The Contractor shall be the beneficial owner of any securities and shall receive interest thereon. Upon the satisfactory completion of the contract, the Contractor shall receive all securities, interest and payments. The Contractor may make this request only upon the following conditions.
a. the request to substitute securities or to have payments made directly to an escrow agent shall be at the sole expense of the Contractor;
b. securities eligible for investment shall include securities pursuant to California Government Code section 16430, bank or savings and loan certificates of deposit, interest bearing demand deposit accounts, standby letter of credit, or any other security mutually agreed upon by the City and Contractor;
c. the Contractor shall enter into an escrow agreement, which shall be substantially similar to the agreement form provided in Public Contract Code Section 22300;
d. the Contractor shall obtain the written consent of the surety to such agreement; and
e. the Contractor who elects or receive interest on funds withheld by the City shall, at the request of any subcontractor performing more than five percent (5%) of the Contractor's total bid, make the option available to the subcontractor to receive interest on any funds withheld in retention by the Contractor from the subcontractor. The subcontractor shall receive interest in accordance with Public Contract Code section 22300(d)(1). Alternatively, the Contractor who elects to substitute securities in lieu of retention by the City, shall by mutual consent between the Contractor and subcontractor allow any subcontractor performing more than five percent (5%) of the Contractor's total bid to substitute securities in lieu of funds withheld by the Contractor.
G9.14 PROMPT PAYMENT TO CONTRACTOR. The City will make progress payments within thirty (30) days after receipt of an undisputed and properly submitted progress payment invoice pursuant to Section 20104.50 of the Public Contract Code. No such payment will be made when, in the judgment of the Engineer, (a) the work is not proceeding in accordance with the provisions of the Contract; (b) the Contractor is not complying with the requirements of the Contract; or (c) when the total value of the work done as shown on the invoice does not exceed Three Hundred Dollars ($300.00). No such invoice or payment will be construed to be an acceptance of any work or materials. Before any progress payment or the final payment is made, the Contractor may be required to submit satisfactory evidence that he is not delinquent in payments to its employees, subcontractors, suppliers or other creditors for labor and materials incorporated into the work.
Pursuant to Public Contract Code Section 20104.50, if the City fails to make a progress payment in a timely manner, it shall pay interest to the Contractor at the legal rate set forth in Section 685.010(a) of the California Code of Civil Procedure.
G9.15 FINAL PAYMENT. After the work has been accepted by the City, as provided in Section G7.26, "Acceptance of the Work," payment will be made to the Contractor in accordance with the provisions of this Section. Upon acceptance, the City will record a Notice of Completion covering the project.
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Within thirty-five (35) days after acceptance by the City, the Contractor shall prepare and submit a proposed final invoice in writing, prepared in a form acceptable to the Engineer. The proposed final invoice will show the proposed total amount of compensation payable to the Contractor, including an itemization of that amount segregated as to Contract item quantities, extra work and other bases for payment. The proposed final invoice will also show all deductions made or to be made for prior payments and amounts to be kept or retained under the Contract.
The Contractor shall also submit, at the same time as the proposed final invoice is submitted, a statement of all claims he has arising under or by virtue of the Contract, or a statement that he does not intend to file any such claims. All claims shall be submitted as specified herein. No claim for which a notice of potential claim or protest is required under Section G9.05, "Notice of Potential Claim," Section G4.09, "Protest Procedure," or Section G8.11, "Delays and Extension of Time," will be considered unless the Contractor has fully complied with the notice or protest requirements in said sections and the resolution process set out to Section G9.07.
Claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims.
The Engineer will review the proposed final invoice and claims and will submit its recommendation to the City as to the final estimate of the amount due the Contractor and the disposition of all claims. All prior invoices and payments are subject to correction in connection with review of the proposed final invoice.
The City will submit any changes or corrections to the proposed final invoice to the Contractor for its consideration. Within ten (10) days thereafter, the Contractor shall submit a final invoice, in a form acceptable to the Engineer, incorporating any changes or corrections made by the City, together with any additional claims resulting therefrom. Upon approval by the City, this will become the approved final invoice. The Contractor shall submit with the final invoice, certificates of any insurance required to be maintained after acceptance of the work.
If the Contractor files no claims within thirty (30) days after acceptance of the work by the City, and agreement is reached on all questions regarding the final invoice, the City will pay the entire sum found due upon the final invoice, except that the City will withhold sums sufficient to pay all unsettled claims for which stop payment notices have been filed pursuant to Section 9000, et seq., of the California Civil Code, together with the costs of administering such claims.
If the Contractor does file claims within thirty (30) days after acceptance of the work by the City, then upon final determination of all the Contractor’s claims, the City will pay the entire sum found due upon the final invoice, including the amount, if any, allowed on claims, except that the City will withhold sums sufficient to pay all unsettled claims and any amounts for which stop payment notices have been filed pursuant to Section 9000, et seq., of the California Civil Code, together with the costs of administering such claims.
Before final payment can be made, the Contractor shall furnish the Engineer with the following:
(a) All drawings, catalogues, instruction sheets and information as required by the Contract;
(b) One signed copy of the Release as discussed below in this Section and on a form furnished by the City; and
(c) Guarantee Bond, if not already incorporated in the Performance Bond.
Final payment will be made within thirty (30) days after receipt of an approved final invoice and other required submittals referenced above and determination of all Contractor's claims, or sixty (60) days F.3.c
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after acceptance of the work by the City, whichever is later, provided, however, that if a final invoice has not been submitted and approved within sixty (60) days after acceptance of the work by the City, the City may elect to make payment of sums not in dispute without prejudice to the right of either the City or the Contractor in connection with any disputed sums.
The acceptance by the Contractor of final payment shall constitute a waiver and release of all claims by the Contractor against the City related to the work, except for claims previously made in writing and identified as unsettled by the Contractor at the time of submission of the final invoice. The making of final payment, however, shall not operate to release the Contractor or its sureties from obligations arising under this Contract, the Contract bonds and warranties as herein provided. Specifically, the making of final payment shall not constitute a waiver and release of claims by the City arising from (a) unsettled or future liens, (b) failure of the work to comply with the requirements of the Contract Documents, (c) the terms of any warranties required by or contained in the Contract Documents, (d) the right to any insurance proceeds or the right to make any insurance or bond claims, (e) any claims with respect to Contractor's obligation of indemnity provided for in the Contract Documents, or (f) any latent defects or fraud.
END OF GENERAL CONDITIONS
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THIS PAGE INTENTIONALLY
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EXHIBIT 9
Special Provisions
and/or
Technical Specifications
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DIVISION I - SPECIAL PROVISIONS
01010 PROJECT DESCRIPTION
The project will reconstruct Sally Street between Nash Road and Hawkins Street in the City of Hollister. The project also includes replacement of the water main within Sally Street and each intersection within the project. The project will reconstruct the street and curb ramps. New roadway improvements will be conformed to private driveways. 01011 SUMMARY OF WORK
Pavement reconstruction, sewer main replacement, storm drain improvements, con struction of concrete driveways, and pavement conforms.
01012 EQUIPMENT TO BE PROVIDED TO OWNER
(Not Used)
01013 WORK BY OTHERS
Others working on associated facilities and probably interfacing with the Contractor at some time during the execution of the work include:
1.City of Hollister Management Services Department Streets Division
2.City of Hollister Management Services Department Utilities Division The Contractor shall cooperate to complete the necessary Work at a minimum cost and time delay for all involved. In the event of lack of agreement, the City will determine how and where the interface shall be made and his decision shall be final.
01014 DEFINITIONS
City: City of Hollister
Owner: City of Hollister
Engineer or
Design Consultant: Kimley-Horn and Associates, Inc.
Contractor: The individual, partnership, corporation, joint venture, or other legal entity having a contract with the City to perform the work.
Construction Manager: City of Hollister
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01015 WORK INVOLVING EXISTING SYSTEM
Operation of the existing water system shall not be jeopardized or materially reduced in efficiency as a result of the execution of Work. The Contractor will have to maintain existing services during construction at all times.
The Contractor must not plan work schedules until a written schedule has been approved, and work is fully coordinated with the City's operations. 01016 COORDINATION OF WORK
The Contractor shall maintain overall coordination for the execution of the Work pertaining to this project. Based on the Construction Schedule prepared in accordance with these Specifications, the Contractor shall obtain from each of his subcontractors a similar schedule which shall be integrated into the construction schedule. The Contractor shall then be responsible for all parties maintaining these schedules for coordinating required modifications. 01017 WORK SEQUENCE AND CONSTRAINTS
A. Within ten (10) working days upon receiving the completed (signed) Contract, the Contractor shall initiate the submittal and review process for all materials and equipment to be used on the project.
B. The City will issue the Notice to Proceed no later than twenty-eight (28) calendar days from the award of contract. The counting of working days will commence with the Notice to Proceed.
C. Within ten (10) working days, or at the pre-construction conference, whichever occurs first, the Contractor shall prepare a Work Plan for review and approval by the City and Engineer. The Work Plan shall describe all elements of the Work in sufficient detail to allow City and Engineer to evaluate the progression of planned activities at the Site.
D. Within sixty (60) working days after the Notice-to-Proceed has been issued, the project shall be completed. Liquidated damages accrue starting on the 1st day after the expiration of working days. Liquidated damages will be assessed using the Liquidated Damages table in Section 8-1.10A of the Caltrans Standard Specifications.
E. The Contractor shall be aware that there may be change orders involved with this Work. The Engineer has made every attempt possible to determine the extent and location of all existing facilities within the project area. However, SP-2
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the inexact nature of existing knowledge and unavailable as-built plans may require the issuing of change orders to reflect changed conditions.
01020 CONSTRUCTION STAKES, LINES AND GRADES
The Work shall be executed in accordance with the lines and grades indicated in the Contract Documents. Distances and measurements, except elevations and structural dimensions, shall be made on horizontal planes. Contractor shall verify elevations and locations of structures a minimum of 72 hours prior to construction. Contractor shall notify the engineer of record if any field conditions are different than what is noted on the Contract Documents.
The City will not provide construction staking. The Contractor shall layout the striping based on the lines and dimensions provided in the plans. 01021 SITE WORK
Principal control points, including establishment of temporary bench mark, will be identified by the Contractor and shall be protected from disturbance. If the points are disturbed, any work that is governed by these monuments shall be held in abeyance until the points are re-established by the Contractor. The accuracy of all the Contractor's stakes, alignments, and grades is the responsibility of the Contractor. However, the City has the discretionary right to check the Contractor's stakes, alignments and grades at any time. Where such discretion is to be exercised by the City, he will notify the Contractor of his intention, stating the time at which the checking will commence. Any part of the work in progress, the results of which are predicated directly upon the Contractor's stakes, alignments, or grades to be checked, shall be held in abeyance until the City has notified the Contractor that the checking has been completed. The Contractor shall establish such control and reference points for line and grade as he may need and as will be required to properly lay out the Work.
01022 PARTIAL ACCEPTANCE OF WORK
After completion of certain portions of the Work, including all testing and other preparation necessary for operation of such portions by the City as herein specified, but prior to final completion of the Work, provisions may be made for partial acceptance in writing by the City for such portions only. The portions of the Work to be included for partial acceptance prior to final project completion will be noted at the preconstruction conference in accordance with Contractor's schedule, or by written notice to the Contractor at the earliest possible time.
The guarantee period for such portions of the Work shall commence with the date of their acceptance for use by the City. However, full payment for such portions SP-3
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will not be made until final acceptance of the total Work.
Acceptance of any portion of the Work prior to acceptance of the whole shall not be construed as absolving the Contractor of responsibility for any item of construction or incidental work included in the Contract. Prior to such occupancy or use, the City will enter into a written agreement with the Contractor delineating the portions of the Work released to the City for occupancy or use and indicating what if any, work remains to be done within the occupied or released area. If such prior use increases the cost of or delays the Work, the Contractor shall be entitled to such extra compensation, or extension of time, or both, as may be determined by the City after consideration of recommendations by the City.
Should any portion of the Work in use be damaged thereby, the City shall bear the expense for repairing such damage. However, if the portion being so used should reveal deficiencies of materials or workmanship, it shall be the Contractor's responsibility to replace the defective construction.
01023 PARTIAL AND FINAL PAYMENT
Attention is directed to Subsection 9-3.2 PARTIAL AND FINAL PAYMENT of the standard specifications. Modify paragraph three to read:
From each progress payment, 5% will be deducted and retained by the agency.
The City will withhold 5% of the total Contract amount until acceptance of the performance of the Contract by the City Council.
01210 PRECONSTRUCTION CONFERENCE
Upon receipt of the completed (signed) Contract, the Contractor will arrange a meeting to be attended by the Contractor, City, Engineer, or their respective representatives, and others involved in the execution of the work.
The purpose of this conference shall be to establish a working understanding between the parties and to discuss the Construction Schedule, shop drawing submittals and processing, applications for payments and their processing, and such other subjects as may be pertinent for the execution of the Work. 01220 PROGRESS MEETINGS
The Contractor shall arrange and conduct progress meetings. These meetings shall be conducted at least once every week and shall be attended by the Contractor's superintendent and representatives of all subcontractors, utilities, and others that are active in the execution of the Work. The purpose of these meetings shall be to expedite the work of any subcontractor or other organization that is not up to schedule, resolve conflicts, and in general coordinate and SP-4
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expedite the execution of the Work.
The agenda of progress meetings, provided by the Construction Manager, shall include review of progress and schedule, review payment request at monthly intervals, review of narrative report by the Contractor, review of the latest Construction Schedule update, and review of the record documents if necessary. 01221 SCHEDULE REVIEW
The Work and the Construction Schedule as identified in Section 6 of the standard specifications shall be reviewed to verify:
A. Start and finish dates of activities falling within Contract time.
B. Durations and progress of all activities are reasonable.
C. A two week minimum, 4 week maximum look ahead schedule shall be submitted and updated on a weekly basis by the contractor. 01222 REVISIONS TO CONSTRUCTION SCHEDULE
The Contractor shall submit a revised Construction Schedule within five days of the occurrence of any of the following:
A. When delay in completion of any activity or group of activities indicates an overrun of the Contract time or control point requirement, by 5 working days or ten percent (10 percent) of the remaining duration, whichever is less.
B. Delays in submittals, deliveries or work stoppages are encountered which make replanning or rescheduling of the work necessary.
C. The Schedule does not represent the actual prosecution and progress of the project as being performed in the field.
Acceptance of the revised Construction Schedule and all supporting data is contingent upon compliance with other related requirements specified before in this DIVISION I and any other previous agreements or requirements with or by the City.
01300 SUBMITTALS - SHOP DRAWINGS
In ample time for each to serve its purpose and function, the Contractor shall submit to the City for approval all schedules, reports, drawings, lists, literature samples, instructions, directions, guarantees, shop drawings, layout diagrams, catalog data, and test reports for all materials and equipment to be used for SP-5
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completion of the work. All information to be provided in sufficient detail to show complete compliance with all specified requirements of the Contract Documents covering, but not limited to, 01310 Materials and Equipment List.
The Contractor, at his own expense, shall make such changes in the required drawings as may be necessary to conform to the Contract Documents. After completion of such checking, verification, and revising, the Contractor shall stamp and sign the drawings indicating his approval and submit the shop drawings and pertinent data to the City for review. Prior to the City's review of such drawings, any work which the contractor may do on the fabrications covered by the same shall be at his own risk as the City will not be responsible for any expense or delays incurred by the Contractor for changes to make the same conform to the Contract Documents.
Shop drawings and data shall be submitted to the City in such number of copies as will allow him to retain two (2) copies of each submittal; alternatively, Contractor may submit electronic PDF copies of such submittals in lieu of hard copies. The submittal shall clearly indicate the specific area of the Contract Documents for which the submittal is made. The additional copies received by him will be returned to the Contractor's representative at the job site. The City's notations of the action that he has taken will be noted on the returned copies.
The above drawings, lists, prints, samples, and other data shall become a part of the Contract Documents, and a copy of the same shall be kept with the job site Contract Documents, and the fabrications furnished shall be in conformance with the same. However, the City's review of the above drawings, lists, prints, specifications, samples or other data shall in no way release the Contractor from his responsibility for the proper fulfillment of the requirements of this Contract nor for fulfilling the purpose of the installation nor from his liability to replace the same, should it prove defective or fail to meet the specified requirements.
01310 MATERIALS AND EQUIPMENT LIST
Submittal Name Specification Section
Work Plan 01017
Work Schedule 02110
Class II Aggregate Base City of Hollister Std Specs Section 200 Pipe City of Hollister Std Specs Section 207
Concrete City of Hollister Std Specs Section 303
Asphalt Concrete City of Hollister Std Specs Section 203 8” Double Ball Flex-Tend Expansion Joint 03500
Inlet Grate City of Hollister Std Detail D-3-1
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01320 QUALITY CONTROL
All materials and equipment shall be new and of the specified quality and equal to the samples found to be acceptable by the City, if samples have been submitted.
The Work shall be done and completed in a thorough, workmanlike manner, notwithstanding any omission in the Contract Documents; and it shall be the duty of the Contractor to call the City's attention, apparent errors or omissions and request instructions before proceeding with the Work. The City may, by appropriate instructions, correct errors an d supply omissions, which instructions shall be as binding upon the Contractor as though contained in the original Contract Documents.
01321 SAMPLING
The Contractor shall furnish such samples of materials as are requested by the City, without charge. No material shall be used until the City has had the opportunity to test or examine such materials. Samples will be secured and tested whenever necessary to determine the quality of the material. Samples and test specimens prepared at the job site, such as concrete test cylinders, shall be taken or prepared by the City in the presence and with the assistance of the Contractor. 01322 INSPECTION
Materials, equipment, and workmanship shall be subject to the inspection of, and rejection by, the City or City’s designated Inspector, if not in conformance with the Contract Documents. Defective materials, equipment, or Work shall be removed from the premises by the Contractor, whether in place or not, and shall be replaced with new and acceptable materials, equipme nt, or work. Repair of defective materials, equipment, or work shall be subject to the City's acceptance.
On all questions concerning the acceptability of materials or equipment, classification of materials, or equipment, execution of the Work, and the determination of costs, the decision of the City shall be final and binding upon all parties.
The Contractor shall at all times maintain proper facilities and provide safe access to all parts of the Work, to the shops wherein the Work is in preparation, an d to all warehouses and storage yards wherein materials and equipment are stored, for purposes of inspection by the City. Should any Work be covered up before the City has had the opportunity to observe such work, it shall, if required by the City, be uncovered for examination at the Contractor's expense.
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01400 TEMPORARY FACILITIES
The Contractor shall provide all temporary facilities and utilities required for prosecution of the work, protection of employees and the public, protection of the work from damage by fire, weather or vandalism, protection dust emissions, protection from contaminated stormwater runoff from the Work site, and such other facilities as may be specified or required by any legally applicable law, ordinance, rule, regulation, or permit.
01401 ELECTRICAL SERVICE
The Contractor shall be responsible for obtaining adequate temporary electrical service, if required. The Contractor shall then provide adequate job site distribution facilities conforming to applicable codes and safety regulations.
Contractor shall comply with work day and work hour restrictions stipulated in the City Standard Specifications and Special Provisions contained herein. 01402 TEMPORARY LIGHTING
The Contractor shall provide temporary lighting in all work areas s ufficient to maintain a lighting level during working hours not less than the lighting level required by OSHA standards.
01403 HEATING AND VENTILATION (NOT USED)
The Contractor shall provide means for heating and ventilating all work areas as may be required to protect the Work from damage caused by freezing, high temperatures, and other weather conditions. The Contractor shall provide a safe environment for workers.
Unvented direct fired heaters shall not be used in areas where freshly placed concrete will be exposed to combustible gases until at least two hours after the concrete has attained its initial set.
01404 WATER
The City can provide construction water for a fee. Contractor shall make all arrangements for a construction water meter with the City Management Services Utilities Division and the City Administrative Services Finance Department. A reduced pressure principle backflow preventer assembly (Febco 825Y or approved equal) must be provided/installed by the Contractor with any temporary pipi ng, hoses, etc. Construction water may not be used for human consumption.
Contractor to provide potable water that shall be kept free from contamination SP-8
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and shall conform to the requirements of the State and local authorities for potable water.
01405 SANITARY CONVENIENCES
The Contractor shall provide a suitable and adequate chemical toilet at the site of the work.
01414 WARNING DEVICES AND BARRICADES
The Contractor shall adequately identify and guard all hazardous areas and conditions by visual warning devices and, where necessary, physical barriers. Such devices shall, as a minimum, conform to the requirements of OSHA. A Traffic Control Plan is required to be submitted for review and approval by the City. 01415 HAZARDS IN PROTECTED AREAS
Excavation on the project site from which the public is excluded shall be marked or guarded in a manner appropriate for the hazard.
01416 PROTECTION OF EXISTING ITEMS
The Contractor shall protect all existing structures, and other items on the project site that are to be preserved, by substantial barricades or other devices commensurate with the hazard, from injury or destruction by vehicles, equipment, workmen, or other agents.
01417 PROJECT SECURITY
The Contractor shall provide means necessary to protect equipment and project site against fire, theft, and vandalism, and for the protection of the public against exposure to injury. Contractor to identify a location for a yard to store equipment and material.
01418 FIRE EXTINGUISHERS
Sufficient number of fire extinguishers of the type and capacity required to protect the Work and ancillary facilities, shall be provided in readily accessible locations. 01419 DUST CONTROL
Adequate steps, procedures, or means as are required to prevent abnormal dust conditions being caused by his operations in connection with the execution of the SP-9
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Work. Control shall be by sprinkling, use of dust palliatives, tarps, modification of operations, or any other means acceptable to agencies having jurisdiction. Dust control is to be maintained at all times throughout the project including weekends, evenings, holidays, or those times when there is no work in progress. 01420 SPECIAL CONTROLS
The Contractor shall take all reasonable means to minimize inconvenience and injury to the public, or other agencies under his control. The Contractor shall limit his work and staging area to the minimum necessary and minimize disruption of any adjacent commercial, retail, recreational or residential facilities. 01422 ODOR CONTROL
The Contractor shall take whatever steps, procedures, or means as are required to prevent abnormal odors being caused by his operations. 01423 DRAINAGE CONTROL
In prosecuting the Work, care shall be taken to not disturb the pre-existing drainage pattern. Particular care shall be taken to direct and contain drainage water on City property, and collect and properly dispose of such water as part of the Work. Storm Water Management Plan is required as part of the Work Plan to be submitted to the Engineer for review and approval.
01424 EROSION CONTROL
Erosion control measures for wind, water, material stockpiles, and tracking shall be implemented at all times by the contractor and shall include source control, including protection of stockpiles, protection of slopes, protection of all disturbed areas, protection of accesses, and perimeter containment measures. Erosion control shall be placed prior to the commencement of work based upon location, site characteristics or time of year. The intent of erosion control measures shall be to keep all generated sediments from entering a swale, drainage way, watercourse, atmosphere, or migrate onto adjacent properties or onto the public right-of-way.
01502 CONTRACTOR'S CONTINUING OBLIGATION
Contractor’s obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. Neither recommendation of any progress or final payment by CITY, nor the issuance of a Notice of Completion, nor any payment by CITY TO CONTRACTOR under the Contract Documents, nor any use or SP-10
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occupancy of the Work or any part thereof by CITY, nor any act of acceptance by CITY nor any failure to do so, nor any review and approval of a Shop Drawing or sample submission, nor the issuance of a notice of acceptability by CITY, nor any correction of defective Work by CITY will constitute an acceptance or Work not in accordance with the Contract Documents or a release of Contractor’s obligation to perform the Work in accordance with the Contract Documents. 01503 CONTACT PERSONS FOR OUTSIDE AGENCIES
The following agencies shall be contacted as specified in SECTION 5-UTILITIES of the City of Hollister Standard Specifications.
CITY OF HOLLISTER DEPT CONTACT PERSON PHONE
Utilities Division Henry Gonzales (831) 636-4377
Operations & Maintenance Division Derrick Speights (831) 636-4370 Engineering Division Cristian Builes (831) 636-4340
01504 PROJECT CLOSEOUT
It is the intent of these Contract Documents that the Contractor shall deliver a complete and operable facility capable of performing its intended functions and ready for use.
01505 CLEANING
Throughout the period of construction the Contractor shall keep the Work site free and clean of all rubbish and debris, and shall promptly remove from the site, or from property adjacent to the site of the Work, all unused and rejected materials, surplus earth, concrete, and debris, excepting select material which may be required for refilling or grading.
01506 FINAL SITE CLEAN-UP
Upon completion of the Work, and prior to final acceptance, the Contractor shall remove from the vicinity of the Work all plant, surplus material, and equipment belonging to him or used under his direction during construction. 01507 WASTE DISPOSAL
The Contractor shall dispose of surplus materials, waste products, and debris and shall make necessary arrangements for such disposal.
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01510 PROJECT RECORD DOCUMENTS
The Contractor shall maintain at the site, available to the City and Engineer, one copy of the Contract Documents, Drawings, Shop Drawings, Change Orders, and other modifications in good order and marked (red line) to record all changes made during construction (as-built drawings). These documents shall be delivered to the City upon completion of the Work prior to the release of final progress payment (not retention).
During the progress meetings, such record documents shall be reviewed to ascertain that all changes have been recorded.
01520 TOUCH-UP AND REPAIR
The Contractor shall touch up or repair finished surfaces on structures, or installations that have been damaged prior to final acceptance. Surfaces on which such touch up or repair cannot be successfully accomplished shall be completely refinished or in the case of hardware and similar small items, the item shall be replaced.
01530 REUSE OF DOCUMENTS
Neither CONTRACTOR nor any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with CITY shall have or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER; and they shall not reuse any of them on extensions of the Project or any other project without written consent of CITY and ENGINEER and specific written verification or adaptation by ENGINEER.
**END OF SECTION DIVISION I**
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DIVISION 2 – TECHNICAL SPECIFICATIONS
02100 MOBILIZATION/DEMBOBILIZATION
A.Description. The Contractor shall provide labor, materials and equipment to prepare the site for the timely start and efficient completion of all work. The contractor is responsible for obtaining suitable storage and equipment area for use during the Sally Street Calming Project. Coordinate suitable location on the Project Site with City staff. The storage yard shall be cleaned and restored to the condition prior to its use. All costs associated with this storage yard including setup, maintenance, dust control and restoration is the responsibility of the Contractor.
Contractor shall commence no later than 10 working days after issuance of Notice to Proceed. Contractor should anticipate working in wet weather months. No additional payment will be allowed for mobilization/demobilization beyond the initial bid item. This includes obtaining any necessary licenses and permits, providing required submittals, public notices, project schedule, material certificates, and attending pre-construction and progress meetings.
Demobilization work includes site cleanup, removing of equipment, personnel, temporary facilities, preparation of record drawings, and other construction resources at job completion.
B.Measurement and Payment: Measurement and payment for this item shall be as specified in the Items of Construction, Mobilization/Demobilization.
**END OF SECTION 02100**
02110 SCHEDULING
A.Description: The Contractor shall submit a complete, tentative project schedule at the time of the pre- construction meeting. A minimum of five (5) working days prior to beginning work, the Contractor shall submit to the City Engineer for approval a detailed written schedule of work. Following approval, the Contractor shall adhere diligently to the approved written schedule in the prosecution of the work.
B.Measurement and Payment: Measurement and payment for this item shall be as specified in the Items of Construction, Mobilization/Demobilization.
**END OF SECTION 02110**
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02120 SURVEYING AND CONSTRUCION STAKING
A. Description. The Contractor shall provide all surveying and construction staking necessary to construct the improvements as shown on the plans, specified herein and as directed by the Engineer.
The Engineer shall approve all staking layouts prior to construction of any improvement that requires staking.
B. Measurement and Payment: Payment for Surveying and Construction Staking is included in the various bid items and will not be considered for separate or additional payment. **END OF SECTION 02120**
02200 TRAFFIC CONTROL SPECIFICATION
Public Convenience and Safety (Traffic Control) –
Public convenience and safety shall be according to Section 7-10 of the Standard Specifications for Public Works construction and regional supplement amendments.
The contractor shall submit traffic control plans for work to be done two weeks before starting of work, for the City engineer's approval. The contractor shall comply with the traffic control plans. Traffic control shall conform to California MUTCD, latest edition.
The contractor shall be fully responsible for the adequacy of any traffic plan used. Contractor shall notify the City at least two (2) working days before starting any construction detour.
A separate traffic control plan for any work on arterial and collector streets shall be submitted for approval prior to the start of any work on these streets. The contractor shall also submit separate traffic control plans for work within any major intersections, state rights -of-way, areas where schools are present and other congested areas. The traffic control plan shall include phasing, existing striping, and temporary striping during construction, and finished permanent striping.
All traffic control plans shall be prepared and signed by a licensed C31 contractor or qualified contractor with a general "A" license. The contractor shall employ full time dedicated personnel whose sole responsibility is to do traffic control only. The contractor is prohibited from using other crew personnel to perform this job.
It is the responsibility of the contractor performing work on a City street to install and maintain the approved traffic control devices and such additional traffic control devices (e.g. flag persons) as may be required to insure safe movement of traffic motorists, bicyclists, pedestrian and construction staking staff through and around the work area and provide maximum protection and safety to con struction workers.
The contractor shall be responsible for adequate barricading of the work area and controlling of traffic near the project as specified in sub Section 7-10 of the standard specifications or as directed by the engineer.
The contractor shall be responsible for preserving original locations and dimensions of all existing striping obliterated by the work. The contractor shall be responsible for maintaining sufficient striping control points to be able to restore lane dimensions. The contractor shall install and maintain temporary overlay yellow or white markers, whichever is applicable, where striping cannot be restored by the end of the workday. The contractor shall replace all roadway striping and pavement markings removed by the construction work.
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At least five (5) working days before commencing work, the contractor shall submit its construction schedule to the City for approval. This schedule shall allow residents or businesses along the streets to be worked, ample "on street" parking (if parking is allowed) within a reasonable distance from their homes or place of business. Based upon the construction schedule, the contractor shall notify residents and businesses of the proposed work, and post temporary "No Parking" signs at least 72 hour s in advance.
Notification shall be in the form of "door knocker" notices and must be in English and Spanish. The contractor shall submit a sample of the "no parking" sign and "door knocker" notices to the City for approval.
All "No Parking signs" shall be mounted on "A-frames" only. Signs taped on traffic cones, trees or other structures shall not be permitted.
The City reserves the right to observe the traffic control plans in use and to make changes as field conditions warrant. Any changes will supersede the plans and will be done solely at the contractor's expense.
The contractor shall arrange with Recology, San Benito County to maintain trash pick-up services for those property owners affected by the work. The contractor shall notify the transit agencies of any delays to their buses. The contractor shall notify all schools (public and/or private) where the work may affect school operations.
Contractor is required to fill up and submit the traffic control estimate form. Payment will be adjusted based on the streets completed from this list.
Full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and all necessary traffic control as required by the City is considered included in the contract price paid for Traffic Control and Construction Area Signs and no additional compensation will be allowed. **END OF SECTION 02200**
02370 REMOVAL OF USA AND CONSTRUCTION MARKINGS
A.General: Remove all street and sidewalk marking used to identify the location of utility services under Underground Service Alert (USA) program and construction related markings, including but not limited to horizontal and vertical grade markings, survey stationin g, offsets, curb lines, and other layout lines.
B.Method and Materials: Prior to removal, perform a test section to demonstrate that the removal method selected completely removes markings and does not damage the pavement or sidewalk. Engineer shall approve marking removal method.
C.Schedule: Remove markings within one week after the completion of the work or as determined by the Engineer.
D.Compliance with National Pollution Discharge Elimination System (NPDES) Act.: Comply with federal, state and local requirements of the NPDES Act and the Regional Water Quality Control Board. Prevent material generated by the removal operations from entering the storm drain system by covering or barricading storm drains. Vacuum and dispose of material off-site in accordance with Section 300-1.3 of the Standard Specifications.
E.Failure to Remove Markings: Street and sidewalk markings not removed within the required time may be removed or caused to be removed by the City. The City will charge the Contractor a fee up to three times TS-3
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the actual cost for removing the markings. This fee will cover the cost of removals and compliance with the NPDES and administration overhead costs.
F.Payment: Payment for this work is included in the various bid items and will not be considered for separate or additional payment.
**END OF SECTION 02370**
02400 STORM WATER BEST MANAGEMENT PRACTICES
A.Description: The Contractor will provide all labor, materials and equipment to protect and secure the site with the appropriate Storm Water Best Management Practices (BMPs) to prevent pollutants from escaping and entering the storm drain system and to keep all substances used in or resulting from the work out of the gutters, storm drains and creeks by utilizing Storm Water Best Management Practices (BMPs) measures as approved by the City of Hollister. BMPs shall comply with the CASQA Construction BMP Handbook, unless otherwise approved by the City. The Contractor will maintain said BMPs throughout the duration of the Project, including but not limited to the following BMPs:
1.Sediment Control
a.SE-10 "Storm Drain Inlet Protection"
2.Waste Management and Materials Pollution Control
a.WM-3 "Stockpile Management"
b.WM-4 "Spill Prevention"
c.WM-5 "Solid Waste Management"
d.WM-6 "Hazardous Waste Management
e.WM-8 "Concrete Waste Management
3.Non-Storm Water Management Control
a.NS-9 "Vehicle and Equipment Fueling"
b.NS-10 "Vehicle and Equipment Maintenance"
4.Employee and subcontractor training and instruction.
B.Implementation: It shall be the Contractor's responsibility to monitor and maintain all BMP measures on a daily or more frequent basis, including non-work days and especially during storms. Special attention shall be given to dry cleanup of spills, proper disposal of concrete and paint, shoveling dirt and debris from gutters, sweeping roads within the project limits, as well as, roads entering and exiting the p roject limits. In addition all catch basins (both new and existing) at the project site, and which are determined by the Engineer to have been affected by the construction, shall be cleaned out by the contractor at the end of the project.
The Contractor shall comply with all Local, State, and Federal laws regarding storm water compliance.
Further, it is the Contractor's responsibility to field verify the location of all storm drain inlets and facilities, and to protect and secure said storm drain inlets and facilities with the appropriate storm water BMPs to prevent pollutants from escaping the site and entering the storm drain system. Nothing in the Plans and Specifications shall relieve the Contractor of these responsibilities.
C.Measurement: Quantities for the Storm Water Best Management Practices will be based on the installation and maintenance thereof for all storm water BMP measures listed in the plans, specifications, and all relevant documents and standards related to storm water management for the Project as required by and to the satisfaction of the Engineer.
D.Payment: Payment for this work is included in the various bid items and will not be considered for separate or additional payment.
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** END OF SECTION 02400 **
03200 HOT MIX ASPHALT CONCRETE
Furnish and install hot mix asphalt concrete with a maximum aggregate size of ½”. Comply with the City Specifications for all material requirements.
**END OF SECTION 03200**
03250 GEOSYNTHETIC FABRIC
Furnish and install geosynthetic fabric as shown on the plans. Geosynthetic fabric shall be fiberglass with integrated tack film (TF) paving grid HMA reinforcement system, as specified below.
PART 1 GENERAL
SECTION INCLUDES
1.Asphalt HMA reinforcement system.
REFERENCES
Asphalt Institute Handbook.
AASHTO Standard Specification for Highway Bridges.
ASTM D276 – Standard Test Methods for Identification of Fibers in Textiles. ASTM D4595 – Test Method for Tensile Properties of Geotextiles by the Wide-Width Strip Method. ASTM D4694 – Standard Test Method for Deflections with a Falling-Weight-Type Impulse Load Device.
ASTM D4759 – Standard Practice for Determining the Specification Conformance of Geosynthetics. ASTM D5340 – Standard Test Method for Airport Pavement Condition Index Surveys. ASTM D5261 – Standard Test Method for Measuring Mass per Unit Area of Geotextiles. ASTM D6637 – Standard Test Method for Determining Tensile Properties of Geogrids by the Single or Multi-Rib Test Method; 2001.
DIN EN ISO 10319 (2008-10) – Geosynthetics - Wide-Width Tensile Test (ISO 10319:2008). FHWA Federal Highway Administration – Design Guidelines.
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Section 96, Caltrans Standard Specifications, latest edition
SYSTEM DESCRIPTION
Flexible Pavements: Provide GlasGrid HMA reinforcement system installed between asphalt layers in a pavement structure to distribute the load, reinforce the pavement and reduce cracking distresses.
Rigid or Composite Pavements: Provide GlasGrid HMA reinforcement system installed between freshly leveled asphalt overlay to absorb the strain and stress energy developed by traffic-induced working HMA cracks, concrete joint and slab shrinkage and expansion due to thermal changes
SUBMITTALS
Submit under provisions of Section 01 30 0 0.
Submittals of “Shop and Setting Drawings”, “Working Drawings”, “Catalogue Data” and “Certifications” for review shall be submitted in accordance with appropriate sections of the General Provisions. Submittals and Certifications required are as follows:
Catalog data and recent certification, performed at most 1 year prior to the submittal, showing that the asphalt reinforcement grid and tack coat meets the specified requirements.
No sample of the tack coat is required.
Manufacturer’s installation instructions and general recommendations.
Product Data: Manufacturer’s data sheets on each product to be used, including:
Preparation instructions and recommendations.
Storage and handling requirements and recommendations.
Samples: Enough material should be supplied to prepare two samples of each type of fiberglass HMA reinforcing grid specified. Each sample shall be 305 mm by 203 mm (12” by 8”) and include a minimum of 5 ribs.
Certification: Shall provide minimum average roll values, provide annual letter of c ompliance from accredited third-party testing facility, and tests used to determine those properties.
Additional information as requested by the Engineer to fully evaluate the product.
QUALITY ASSURANCE
Manufacturer Qualifications:
Manufacturer with at least 20 years of documented experience in the manufacture and installation of fiberglass HMA reinforcing grids to reduce thermal or load associated cracking distress, and in the manufacture of integrated tack film that meets the specification.
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Manufacturer with documented evidence of an established quality control program to assure products with consistent compliance with the requirements of this specification. Such a program would be ISO 9001:2008 Registration.
Annual conformance testing performed by an accredited third-party testing facility.
Installer Qualifications:
Firm with documented experience in the installation of fiberglass HMA reinforcement grid systems with integrated tack film, with at least two projects of similar construction and scope.
Include brief description of each project by name, and phone number of owner’s representative knowledgeable in each listed project.
Pre-Construction Meeting:
Prior to construction of HMA reinforcing reinforcement system, conduct a meeting at the site with the materials supplier, the installer, and the Contractor to review the preparation and installation requirements.
Notify the Owner and the Engineer at least 3 days in advance of the time of the meeting.
DELIVERY, STORAGE, AND HANDLING
Store products in manufacturer’s unopened packaging until ready for installation.
Store in a dry, covered location that is free of dust, dirt, and moisture. Prevent excessive mud, fluid concrete, asphalt, or other deleterious materials from coming in contact with HMA reinforcing grid materials.
Store at temperatures above minus 29°C (minus 20°F) and 75°C (167°F) and maximum relative humidity of 85%.
PROJECT CONDITIONS
Do not place grid reinforcement when the asphalt surface is wet, or contaminated with oil, soil or excessive dust.
Do not place asphalt during wet or freezing weather that prevents conformance with specified requirements.
Do not install asphalt on the grid reinforcement when the underlying asphalt surface is cooler than 10°C (50°F), warmer than 60°C (140°F), or in the case of new asphalt, prior to the asphalt cooling to 43°C (110°F) at least once previously.
PART 2 PRODUCTS
MATERIALS
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The HMA reinforcement grid shall consist of a high strength, fiberglass grid custom knitted and coated with a high temperature non-asphaltic elastomeric polymer and self-adhesive glue.
The grid is combined with a multilayer tack film designed to enhance the bond between layers of hot mix asphalt and replace conventional tack coats.
In addition, the HMA reinforcement grid shall have and adhere to the following Minimum Average Roll Values (MARV) for material properties and should adhere to the strength properties in Table 1 and the performance requirements of Table 2.
Table 1 Material and Strength Properties
PRODUCT
PROPERTIES METHOD UNITS Type 2
Ma
t
e
r
i
a
l
P
r
o
p
e
r
t
i
e
s
Aperture Size (Center
to Center) mm (inch) 25 x 25
(1.0 x 1.0)
Percent Open Area CW-02215 MOD.1 % Greater than or
equal to 50
Fiberglass Coating Elastomeric
Polymer
Polymer Tack Film Integrated on Grid % 100
Mass / Unit Area ASTM D5261 g/m²
(oz/yd²)
432
(12.7)
Roll Width m
(ft.)
1.5 (4.9)
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Softening Point ASTM D36 °C
(°F)
Greater than 232
(450)
Tensile Strength
(MD x CD) ASTM D6637 kN/m
(lb./in)
100 x 100
(571 x 571)
Tensile Strength
@2% ASTM D6637 kN/m
(lb./in)
80 x 80
(456 x 456)
Elongation at
Break ASTM D6637 (%) Less than
3 1 - Army Corp of Engineers test method correlated to light emitted through fabric.
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Table 2 Product Performance Requirements
TEST DESCRIPTION TEST METHOD
METHOD OF
MEASURE PERFORMANCE
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Temperature vs. HMA
Asphalt Binder
Compaction Temperature
Temperature
Comparison
Job Mix Formula
Compaction
Temperature
Requirement
Coating Softening Point
> HMA Compaction
Temperature
Field Millability and
Recyclability Validation
Field Milling of
Asphalt with GlasGrid
References or Reports Documented Experience
Asphalt : Grid composite
stiffness for durability of
composite layers over life
of pavement during
individual and long term
deformation
3Pt Beam Test at 70°F,
Grid with polymer tack
at mid depth relative to
a control with polymer
tack film – cyclic
stress controlled
Haversquare loading
Minimum
Improvement
Factor vs. Control
> 5x
Fatigue and Reflective
Cracking MMLS3 Scaled APT 1
Testing vs. Control
Fatigue and
Reflective Cracking
Testing
> 3x
Full Scale Plate Load
Testing
Plate Load Testing vs.
Control
Pavement Composite
Modulus >2x
1 : APT – Accelerated Pavement Testing
PART 3 EXECUTION
PREPARATION
Do not begin GlasGrid HMA reinforcing system until existing pavement condition has been evaluated and all repairs have been completed.
Seal cracks greater than 6 mm (1/4”) with an acceptable crack filler. Repair wider cracks using a method that provides a level surface. All holes shall be filled with hot asphalt and compacted level with adjacent surfaces.
Surfaces shall be mechanically cleaned by sweeping and vacuuming and be free of oil, vegetation, sand, dirt, water, gravel, and other contaminants prior to placement of HMA reinforcing grid.
If subgrade preparation is the responsibility of others, notify Engineer of unsatisfactory preparation. Do not begin work until unsatisfactory conditions have been rectified.
Cracks shall be marked and recorded prior to and after the true and leveling course. Identifying and preserving the crack location will ensure that the grid is properly centered on each crack when full grid coverage of the site is not specified.
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INSTALLATION
Storage of Material:
Prior to use, store reinforcement grid rolls in unopened packaging vertically (on end) under dry, covered conditions free from dust, dirt, and moisture to prevent roll distortion and contamination.
Store the product at temperatures above minus 29°C (-20°F) with a relative humidity of less than 85%.
Install GlasGrid HMA reinforcing grid system in accordance with manufacturer’s installation guidelines.
Leveling Course:
Leveling course shall have a surface temperature warmer than 10°C (50°F), cooler than 60° C (140° F) and will have cooled to 43°C (110°F) at least once previously.
Crack areas showing excessive surface irregularities shall be leveled prior to placement.
Slab joint showing upward tenting shall be saw-cut to relieve pressure prior to leveling.
HMA Reinforcement Grid Placement:
Surface temperature shall be between10°C (50°F) and 60°C (140°F) prior to placing the grid reinforcement.
The placement surface must be dry. Since moisture affects the adhesion of the grid to the pavement surface, grid placement should not be undertaken if rain is likely to fall prior to covering the grid with an asphalt mat overlay. Grid that is placed and will not adhere due to moisture shall be removed and replaced at the Contractor’s expense.
HMA reinforcement grid shall be laid out by mechanical means or by hand using sufficient pressure to eliminate ripples. Remove any ripples by pulling the grid tight. Cutting of the grid may be done on tight radii to prevent ripples.
Lap transverse joints in the direction of the paving 76 mm to 152 mm (3-6”); longitudinal joints shall be overlapped 25 mm to 50 mm (1-2”) or as recommended by the manufacturer, whichever is greater.
After placement, activate self-adhesive glue by rolling with a rubber coated drum roller or a pneumatic tire roller until proper adherence occurs. In no instance shall steel -wheeled or vibratory rollers be used. Rolling shall continue until the adhesive is activated and the grid is bonded to the truing and leveling course. Generally, this can be accomplished in one or two roller passes. During rolling operations, roller tires shall be kept clean to the satisfaction of the Engineer. Reinforcement shall be laid and rolled over ironworks (i.e., manhole covers, drainage grates, etc.). Once the grid has been rolled, these portions of the mats covering the ironworks shall be removed by cutting the reinforcement grid with a utility knife or other similar tool.
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Construction and emergency vehicles will be allowed to run on the reinforcement grid after rolling. However, any damaged or de-bonded sections of the grid resulting from these vehicles, as determined by the Engineer, shall be immediately replaced with new grid sections, taking care to place the adhesive backing down and to overlap the grid already in place. As befo re, replacement sections shall be rolled in accordance with manufacturer’s recommendations. Grid shall be rolled until the adhesive is activated and the replacement grid section is bonded to the truing and leveling course. Any dirt, dust or other contamina nts deposited on the grid-covered truing and leveling course by the construction equipment, maintenance vehicles, or emergency vehicles shall be removed by mechanical sweeping or vacuuming the surface. No additional payment will be made to replace sections of grids damaged by construction equipment, maintenance vehicles, or emergency traffic. No payment will be made to sweep or vacuum the surface, or to remove contaminates deposited by such traffic.
Protect the asphalt reinforcing grid until placement of the finished asphalt topping. Repair damaged sections prior to placement of finished asphalt topping.
Asphalt Placement
Place the asphaltic overlay course the same day the HMA reinforcing grid is placed.
Overlay course shall be a minimum compacted thickness of 40 mm (1-1/2”) In order to activate the tack film, the surface temperature must be 21°C (70°F) and the asphalt mix being placed over the HMA reinforcing grid must be placed at a minimum temperature of 140°C (285°F).
When a tack coat is specified, the approved tack coat should be used beneath the HMA reinforcing grid system.
FIELD QUALITY CONTROL
Testing and Inspection shall be provided by an independent laboratory provided by the Contractor and acceptable to the Engineer.
Perform adhesion tests in accordance with the following:
Place a 1 m² (1 sq. yd.) of HMA reinforcing grid on a properly prepared leveling course.
Activate self-adhesive glue by rolling with a rubber-tired roller or by applying adequate pressure to fully activate the pressure-sensitive adhesive.
Use a calibrated spring balance by inserting the hook of the balance under the center of the grid and pulling upward until the grid starts to pull away from the surface.
A 9 kg (20 pound) pull is required without pulling the grid free or creating ripples in the grid.
Consult grid manufacturer if grid does not meet this pull rating and do not place asphalt topping until an acceptable adhesion is achieved.
Frequency of Tests:
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Adhesion Test: Provide a minimum of one test per 300 m² (3,000 sq. ft.) o f surface area.
MANUFACTURER’S FIELD SERVICES
A manufacturer’s representative shall be present on site for the initial start of the installation of the HMA reinforcing grid
PROTECTION
Protect installed product until completion of project.
Repair or replace damaged products before Substantial Completion. **END OF SECTION 03250**
03275 BASE FAILURE REPAIR
Base failure areas are not shown on the plans and will be marked in the field by the Engineer.
Coordinate your work with the Engineer to allow them to walk the project locations after cold planing activities have occurred.
Remove existing asphalt concrete and PCC pavement and underlying base rock to the depth and dimensions shown on the plans and replace with HMA. The Engineer determines the exact limits of base failure repair. The minimum width of roadway section to be removed shall not be less than 4 feet unless otherwise noted on the plans.
HMA for pavement failure repair must be Type A.
Asphalt binder for the HMA must be PG 64-10. The minimum asphalt binder content must be 5.0 percent.
If you request and if authorized, you may reduce the minimum asphalt binder content.
The aggregate for the HMA must comply with the 3/4-inch HMA Types A and B grading.
Place base failure repair under the Method construction process (Caltrans Standard Specifications).
Remove existing roadway section by grinding with a milling machine capable of cutting to a neat line or by sawcutting. Do not damage any pavement that is to remain in place. Minimize the disturbance of materials to be left in place during removal or roadway sections.
Remove failed pavement and base rock to the required depth, then grade, water, and thoroughly compact the material remaining in place to a minimum of 95% relative compaction.
Dispose of removed material.
Apply tack coat to the bottom base rock and all vertical surfaces of the existing roadway section within the base failure repair area. Follow the Tack Application Rates table using "Planed P CC and HMA (AC) surfaces" from Caltrans Standard Specifications.
The surface must be:
1.Textured uniformly
2.Compacted firmly
3.Without depressions, humps, and irregularities
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If the base is excavated beyond the specified plane, replace it with HMA. The City does not pay for this HMA. Damage to pavement which is to remain in place shall be repaired to a condition satisfactory to the Engineer, or the damaged pavement shall be removed and replaced with new HMA if ordered by the Engineer. Repairing or removing and replacing pavement damaged outside the limits of pavement to be reconstructed shall be at the Contractor's expense.
Perform base failure repair as shown on the plans. Repair work should confirm to the cold planned surface, so that entire roadway receives final lift of pavement. **END OF SECTION 03275**
03400 UTILTIY ADJUSTMENTS AND COORDINATION
The Contractor is responsible for the protection and adjustment of all utilities within the project limits.
Coordinate with private utilities to facilitate the adjustment of their facilities. Coordinate with the Engineer prior to adjusting any City-owned utilities.
CITY OWNED UTILITIES
The Contractor is responsible for adjustment of all City-owned utilities, including:
Water
Sewer
Storm Drain
Monuments
Coordinate with the Engineer to invite the appropriate City utility representatives to the Pre - Construction Meeting. Coordinate all utility work prior to starting work with utility owner. Do not perform work on any utility without receiving advance approval from owner. Furnish standard details to owner for confirmation of approach.
All work on City-owned facilities must comply with the City of Hollister Standard Plans. **END OF SECTION 03400**
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EXHIBIT 10
Bonds
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EXHIBIT 11
Insurance Certificates
(to be included after award of contract)
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: JUNE 21, 2022
SUBMITTED: June 8, 2022 AGENDA ITEM: Introduction and Adoption of Resolutions and Ordinances
DEPARTMENT:
DEPARTMENT HEAD:
Planning
Adrianna Ortiz, Acting Planning
Director
CONTACT: Eva Kelly, Interim Planning
Manager
831-636-4360 x25
TITLE OF ITEM: RESOLUTION NO. 2022-126, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF HOLLISTER APPROVING THE SAN FELIPE PRECISE
LINE STUDY
BRIEF DESCRIPTION: This Resolution will approve the San Felipe Precise Line Study and authorize staff to implement the recommendations.
RECOMMENDATION: That the City Council ADOPT a Resolution approving the San Felipe Precise Line Study and authorize staff to implement the recommendations.
DEPARTMENT SUMMARY: This item will approve the San Felipe Precise Line Study prepared for the City of Hollister by Kimley-Horn and Associates. The Precise Line Study provides the basis for future roadway development along the roadway that will occur with expected future development. The study establishes cross- section requirements, property acquisition requirements, and beautification elements that should be included along the corridor, which includes San Fe lipe Road from SR-25 to SR-156.
To develop the Precise Line Study, Kimley-Horn solicited input from the City Planning Staff, San Benito COG, The City Council through a public presentation on January 18th, 2022; and the City Arts Commission through a public presentation on March 15th, 2022. The provided feedback was used to guide the study and develop the proposed cross-section, roadway geometry, and beautification elements.
To provide the City Council with a more detailed discussion of the Precise Line Study, Mr. Frederik Venter. P.E. of Kimley-Horn will be providing a brief presentation to the City Council on this matter. It is the intent of the presentation to provide the City Council with a better understanding of the study and recommendations, and provide the opportunity to the City Council to ask questions for clarification.
Staff has reviewed the Precise Line Study and agree with the findings and approach.
FINANCIAL IMPACT: Construction cost will be developed and presented to the City Council as part of the design approval process. The adoption of the Precis e Line Study will not have a direct financial impact.
CEQA: N/A
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ATTACHMENTS:
1. Attachment 1. San Felipe Road_Precise Line_Draft 20220606
2. Attachment 2. San Felipe Road_Traffic Study_Draft 20220427
3. San Felipe Plan Line_CC_20220613
THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH
THE STAFF RECOMMENDATION
Brett Miller, City Manager
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RESOLUTION NO. 2022-126
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER
APPROVING THE SAN FELIPE PRECISE LINE STUDY
WHEREAS, the City of Hollister City Council authorized transportation engineering services from Kimley-Horn to develop a Precise Line and Beautification Study for San Felipe Road between SR 25 and SR 156 at the regular meeting of December 20, 2021; and
WHEREAS, Kimley-Horn has prepared the San Felipe Road Precise Line and Beautification Study; and
WHEREAS, the study analyzed the segment of San Felipe Road between Highway 25 and Highway 156 for the purpose of determining the ultimate location of roadway improvements and right of way limits for that road portion; and
WHEREAS, the study was presented to City Council for approval consideration and adoption of a Resolution establishing future development improvements, including ultimate road right of way limits, for the analyzed segment of Sa n Felipe Road.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister ADOPTS the San Felipe Road Precise Line and Beautification Study and authorizes staff to implement the recommendations.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 21st day of June, 2022, by the following vote:
Ignacio Velazquez, Mayor
ATTEST:
Christine Black, MMC, City Clerk
APPROVED AS TO FORM:
Lozano Smith Attorneys at Law
Mary F. Lerner, City Attorney
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I, CHRISTINE BLACK, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2022-126, is an original Resolution, or true and correct copy of a City Resolution, duly adopted by the Council of the City of Hollister at a regular meeting of said Council held on the 21st day of June, 2022, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Hollister this City Council day of June, 2022.
Christine Black, MMC
City Clerk of the City of Hollister
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CALIFORNIAHOLLISTER
197008235
© 2021 KIMLEY-HORN AND ASSOCIATES, INC.
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G-001
COVER SHEET
SAN FELIPE
PRECISE LINE
KEY MAP AND HORIZONTAL CONTROL
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INDEX OF PLANS
SHEET NAME
G-001
X-001
L-001 TO L-014
LS-001 TO LS-002
SHEET DESCRIPTION
COVER SHEET
TYPICAL SECTIONS
LAYOUT PLANS
LANDSCAPING CONCEPTS
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1. THIS PLAN LINE ALIGNMENT ESTABLISHES THE CENTER LINE OF ROAD ALIGNMENTS.
R/W'S SHOWN ARE CONCEPTUAL AND SUBJECT TO CHANGE IN FINAL DESIGN.
2. ALIGNMENT AND RIGHT-OF-WAY LINES WERE DEVELOPED USING RECORD MAPS.
3. TURN LANES AND MEDIANS SHOWN ARE CONCEPTUAL, SUBJECT TO CHANGE IN FINAL DESIGN. TRAFFIC STUDIES WILL BE REQUIRED PRIOR TO DEVELOPMENTS.
ADDITIONAL R/W MAY BE REQUIRED BEYOND WHAT IS SHOWN ON THESE DRAWINGS.
4. TEMPORARY CONSTRUCTION EASEMENTS WILL BE REQUIRED. OTHER UTILITY EASEMENTS MAY ALSO BE REQUIRED.
GRAPHIC SCALE IN FEET
0 150 300 600
1 1 1 1
1 18
SECTION A-A
"SF" LINE
STA 12+25 TO STA 16+25
FOUR LANE ARTERIAL WITH MEDIAN & TURN POCKET
CLASS I MIXED USE PATH EAST SIDE ONLY
SECTION B-B
"SF" LINE
STA 16+25 TO STA 20+60
FOUR LANE ARTERIAL WITH MEDIAN & TURN POCKET
CLASS I MIXED USE PATH EAST & WEST SIDES
SECTION C-C
"SF" LINE
STA 31+00 TO STA 45+00
STA 50+50 TO STA 67+00
STA 75+00 TO STA 82+00
FOUR LANE ARTERIAL WITH MEDIAN & FRONTAGE ROAD IMPROVEMENTS
CLASS I MIXED USE PATH EAST & WEST SIDES
SECTION D-D
"SF" LINE
STA 90+75 TO STA 92+50
STA 93+50 TO STA 95+00
FOUR LANE ARTERIAL WITH MEDIAN & FRONTAGE ROAD IMPROVEMENTS
CLASS I MIXED USE PATH EAST & WEST SIDES
SECTION E-E
"SF" LINE
STA 104+00 TO STA 118+00
STA 133+00 TO STA 141+00
FOUR LANE ARTERIAL WITH MEDIAN
CLASS I MIXED USE PATH EAST & WEST SIDES
SECTION F-F
"SF" LINE
STA 156+00 TO 161+50
FOUR LANE ARTERIAL WITH STRIPED MEDIAN
CLASS I MIXED USE PATH EAST & WEST SIDES
SECTION G-G
"SF" LINE
STA 161+50 TO STA 166+50
FOUR LANE ARTERIAL WITH LEFT TURN LANE
CLASS I MIXED USE PATH EAST & WEST SIDES
SAN FELIPE ROAD
PRECISE LINE AND
BEAUTIFICATION STUDY
CALIFORNIAHOLLISTER
197008235
© 2021 KIMLEY-HORN AND ASSOCIATES, INC.
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AS SHOWNSCALE
DATE
KHA PROJECT
No.REVISIONS DATE BY
DRAWING NUMBER
SHEET NUMBER
OF
X-001
TYPICAL SECTIONS
SAN FELIPE
PRECISE LINE
F.4.a
Packet Pg. 484
u
7 ()
7 D
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EXIST
ROW
VARIES
EXIST
ROW
2.0' 10.0' 7.0'
...J CLASS I LS
:r: MIXED (f)
USE PATH
2.0'
PCC/AB
NEW CURB AND GUTTER
TC 6 _0 ,ETW
SHLD
10.0' 7.0' TC 6 _0 ,ETW
CLASS I ...J LS SHLD
MIXED :r:
12.0' 12.0' ETW
THRU THRU
EXISTING ROADWAY
SLOPES (TYP)
12.0' 12.0' ETW
THRU THRU
142.0' +/-
23.0' ETW 12.0' 12.0'
MEDIAN THRU THRU
MEDIAN CURB
186.0' +/-
30.0' ETW 12.0'
MEDIAN THRU
ETW 6 _0 , TC 7.0' 10.0'
SHLD LS ...J CLASS I ...J :r: MIXED :r: (f) (f)
USE PATH
2.0'
NEW CURB AND GUTTER
12.0' ETW 6 _0 , TC 7 _0 , 10.0'
THRU SHLD LS
EXIST
ROW
VARIES 14.9'
EXIST
LS AREA
2.0' 5.D' TC 6.0'
...J VAR SHLD
:r: (f)
USE PATH EXISTING ROADWAY
...J
:r: (f)
CLASS I
MIXED
USE PATH
(f)
2.0'
PCC/AB
NEW CURB AND GUTTER
FUTURE EXIST
ROW ROW
5.3'
VAR
10.0' . , 5 _0 , TC 6 _0 ,ETW
D CLASS I ...J ...J LS
:r: MIXED USE :r: (f) (f)
PATH
2.0'
PCC/AB
NEW CURB AND GUTTER
C...1\.1..:J I
ROW
SHLD
12.0'
THRU
3.5' 10.0' TC 6.0'ETW 12.0'
SIDEWALK SHLD THRU
2.0'
----
PCC/AB
NEW CURB AND GUTTER
r:t'n Know what's below. ~ Call before you dig.
SLOPES (TYP)
HMA/AB
MEDIAN
CURB
PCC/AB
NEW CURB AND GUTTER
12.0'
THRU
12.0'
THRU
114'
VARIES
6.0'-29.0'
o.o·-11.0· o.o·-11.0· ETW ETW
LEFT TURN LEFT TURN MEDIAN
LANE LANE
EXISTING ROADWAY
SLOPES (TYP)
11.0'
LEFT TURN
LANE
MEDIAN CURB
HMA/AB
135' +/-
11.0' ETW 6 _0 ,ETW
LEFT TURN MEDIAN
LANE
EXISTING ROADWAY
SLOPES (TYP)
MEDIAN
HMA/AB
11.0'
THRU
11.0'
THRU
11.0'
THRU
11.0'
THRU
10.0'
EXIST
ROW EXIST
PARKING LOT
FUTURE
ROW
SHLD LS ...J CLASS I
MIXED
USE PATH
2.0'
vi
PCC/AB
NEW CURB AND GUTTER
ET~-o· TC 5. o· .D' 10.0' 2.0'
SHLD
2.0'
VAR ...J CLASS I ...J
LS :r: MIXED :r:
(f) (f)
USE PATH
PCC/AB
NEW CURB AND GUTTER
17.0'
VARIES
Kimley>>> Horn
10 S ALMADEN BLVD. SUITE 1250, SAN JOSE, CA 95113
PHONE: 669-B00-4130
WWW.KIM LEY-HORN.COM
EXIST
ROW
12.0'
TIHRU
18.3'
THRU
80.5'
14.0'
EXIST
MEDIAN
18.9'
THRU
EXIST FUTURE
ROW R/W
5.0'
EXIST
SWLK
3 ...:;
9.4'
EXIST
ROW
EXIST
LS AREA
EXIST
ROW
130.0' +/-
92.6' +/-
EXIST
ROW
12.0' 6.0' 11.0'
VARIES
5.0'
VARIES
10.0' 7 _0 , TC 6 _0 ,ETW 12.0' 12.0' ETW o.o·-12.0· ETW 12.0' 12.0' ETW 6.0' TC 7.0' 10.0' VAR
TIHRU SHLD
. .
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R/W
EXIST
ROW
:] CLASS I :l LS SHLD TIHRU TIHRU LEFT TURN
:r: MIXED (f)
USE PA TlH
:r: (f)
PCC/AB
NEW CURB AND GUTTER
2.0'
EXIST
ROW
10.0' 7.0' TC 6.0'ETW 12.0'
CLASS I
MIXED
USE PATIH
LS SHLD THRU
2.0'
NEW CURB AND GUTTER
10.0' 7.0' TC 6 _0 ,ETW 12.0'
CLASS I D LS SHLD THRU ...J
MIXED :r:
LANE
EXISTING ROADWAY
SLOPES (TYP)
12.0'
THRU
EXISTING ROADWAY
SLOPES (TYP)
ETW
12.0' ETW
THRU
130.0' +/-
12.0'
STRIPED
MEDIAN
ETW
140.0' +/-
20.0'-23.0'
MEDIAN
12.0'
THRU
(f)
USE PATH EXISTING ROADWAY
2.0'
PCC/AB
NEW CURB AND GUTTER
SLOPES (TYP)
MEDIAN CURB
THRU
92.6' +/-
12.0'
THRU
ETW 12.0'
TIHRU
THRU SHLD LS
2.0'
...J
:r: (f)
CLASS I
MIXED
USE PATIH
...J
:r: (f)
PCC/AB
NEW CURB AND GUTTER
EXIST
ROW
ETW 6 _0 , TC 7 _0 , 10.0' VAR
SHLD LS
2.0'
...J :r: (f)
CLASS I
MIXED
USE PATIH
...J
:r: (f)
PCC/AB
NEW CURB AND GUTTER
EXIST
ROW
12.0' ETW 6 _0 , TC 7.0' 10.0'
TIHRU SHLD
HMA/AB
LS D
...J CLASS I ...J :r: MIXED :r:
(f) (f)
USE PATH
2.0'
PCC/AB
NEW CURB AND GUTTER
GRAPHIC SCALE IN FEET
0 5 10 20
1 1 1 1
2 18
1 0
1 0
2 6
6 .
2 3
N
2 2
0 6
8 0
0 LEGEND
NOTES
LEGEND
NOTES
LEGEND
NOTES
LEGEND
NOTES
LEGEND
NOTES
LEGEND
NOTES
SAN FELIPE ROAD
PRECISE LINE AND
BEAUTIFICATION STUDY
CALIFORNIAHOLLISTER
197008235
© 2021 KIMLEY-HORN AND ASSOCIATES, INC.
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DRAWING NUMBER
SHEET NUMBER
OF
MA
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LAYOUT
SAN FELIPE
PRECISE LINE
N
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610 SAN FELIPE RD
APN 053-380-0080,--~
660 SAN FELIPE RD
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0 SAN FELIPE RD
MAINTAIN ACCESS AT
EXISTING DRIVEWAYS (TYP)
~ ... EXISTING R/W
ADJUST/RECONSTRUCT
EXISTING MANHOLES (TYP)
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>> Horn
10 S ALMADEN BLVD. SUITE 1250, SAN JOSE. CA 95113
PHONE: 669-B00-4130
WWW.KIM LEY-HORN.COM
,
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EXISTING ELECTRICAL
/ DISTRIBUTION/JOINT POLE TO
BE RELOCATED (TYP) ---~~--' 't---
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APN 051-100-0160
0 SAN FELIPE RD APN 051-100-0150
710 KIRKPATRICK DR
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FUTURE R/W
-
APN 051-100-0070
731 SAN FELIPE RD
L PROTECT IN PLACE
EXISTING OVERHEAD SIGN
1. RIGHT OF WAY SHOWN IS SUBJECT TO CHANGE AND IS
SHOWN FOR REFERENCE ONLY.
2. SEE SHEET X-01 FOR TYPICAL SECTIONS.
3. LIMITED ACCESS DRIVEWAYS WILL BE APPROVED ON A
CASE BY CASE BASIS. ACCESS RESTRICTIONS TO BE
DETERMINED DURING DEVELOPMENT APPLICATION
PROCESS.
4. ALL EXISTING UTILITIES AND PRIVATE PROPERTY
FEATURES IN CONFLICT WITH THE PROPOSED ROADWAY
IMPROVEMENTS SHALL BE RELOCATED AS REQUIRED.
CONCRETE SIDEWALK/CLASS I BIKEWAY
MEDIAN (HARDSCPE OR
LANDSCAPE)
ROUNDABOUT (HARDSCPE
OR LANDSCAPE)
LANDSCAPE
GRAPHIC SCALE IN FEET
0 2040 80
1 1 1 1
3 18
10 0
9 25
7 .
5 2
N
2 2
0 7
8 0
0 N
2 2
0 8
0 0
0 N
2 2
0 8
2 0
0 N
2 2
0 8
4 0
0 N
2 2
0 8
6 0
0 LEGEND
NOTES
LEGEND
NOTES
LEGEND
NOTES
LEGEND
NOTES
LEGEND
NOTES
LEGEND
NOTES
1 0
0 8
2 6
0 .
9 9
SAN FELIPE ROAD
PRECISE LINE AND
BEAUTIFICATION STUDY
CALIFORNIAHOLLISTER
197008235
© 2021 KIMLEY-HORN AND ASSOCIATES, INC.
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CHECKED BY
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AS SHOWNSCALE
DATE
KHA PROJECT
No.REVISIONS DATE BY
DRAWING NUMBER
SHEET NUMBER
OF
MA
T
C
H
L
I
N
E
S
T
A
3 0
+
0 0
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S
H
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-
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3 L-002
LAYOUT
SAN FELIPE
PRECISE LINE
MA
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S
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2 0
+
0 0
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S
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SEE ABOVE RIGHT
MATCHLINE A
SEE BELOW LEFT
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APN 053-380-0060
0 BOLSA RD
MAINTAIN ACCESS AT
EXISTING DRIVEWAY
APN 051-100-0470
773 SAN FELIPE RD
r:t'n Know what's below. ~ Call before you dig.
EXISTING JOINT ELECTRICAL
DISTRIBUTION/JOIN POLE TO
BE RELOCATED (TYP)
1. APN 019-130-0010
31 WRIGHT RD
APN 051-100-0220
841 SAN FELIPE RD
Kimley>>> Horn
10 S ALMADEN BLVD, SUITE 1250, SAN JOSE, CA 95113
PHONE: 669-B00-4130
WWW.KIM LEY-HORN.COM
I
APN 053-350-0040 ----=:.___......:,,_;_ ___ I
950 SAN FELIPE RD
f PROTECT IN PLACE EXISTING
ELECTRICAL DISTRIBUTION/
JOINT POLE LINE ·
END SAN
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:::.
1. RIGHT OF WAY SHOWN IS SUBJECT TO CHANGE AND IS
SHOWN FOR REFERENCE ONLY.
2. SEE SHEET X-01 FOR TYPICAL SECTIONS.
3. LIMITED ACCESS DRIVEWAYS WILL BE APPROVED ON A
CASE BY CASE BASIS. ACCESS RESTRICTIONS TO BE
DETERMINED DURING DEVELOPMENT APPLICATION
PROCESS.
4. ALL EXISTING UTILITIES AND PRIVATE PROPERTY
FEATURES IN CONFLICT WITH THE PROPOSED ROADWAY
IMPROVEMENTS SHALL BE RELOCATED AS REQUIRED.
t: 1, i '~~11 l: I I~, 11-
I I
CONCRETE SIDEWALK/CLASS I BIKEWAY
MEDIAN (HARDSCPE OR
LANDSCAPE)
ROUNDABOUT (HARDSCPE
OR LANDSCAPE)
LANDSCAPE
GRAPHIC SCALE IN FEET
0 2040 80
I I I I
4 18
LEGEND
NOTES
LEGEND
NOTES
LEGEND
NOTES
LEGEND
NOTES
LEGEND
NOTES
LEGEND
NOTES
SAN FELIPE ROAD
PRECISE LINE AND
BEAUTIFICATION STUDY
CALIFORNIAHOLLISTER
197008235
© 2021 KIMLEY-HORN AND ASSOCIATES, INC.
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KHA PROJECT
No.REVISIONS DATE BY
DRAWING NUMBER
SHEET NUMBER
OF
MA
T
C
H
L
I
N
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S
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A
5 0
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0 0
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LAYOUT
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APN 019-090-0260
0 BRIGGS RD
----------------------------------------------------------- - - - - - ----e~----- -- -----SAN FELIPE ROAD-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------------------------------------------i::!l ~ --35+00 -"SF" LINE 37+00 38+00 39+00 40
- - - - - - - - - - - - - ----=-------=-=---_----=--=----_ ----=-=---_----=--=----_ ----=-=---_----=--=----_ ----=-=---_----=-----=-=-~-------= -=----_ ---=-=-~-------= -=----_ ---=-=-~-------= --=----_ -_---;:_;;;;;--;;;;;-_-_-_--;:: =----_ --- . ----------------------------
I=====================================================================================================================================================================·=··=======;;;;;;;;;:~-=~---. -·--· _-_ _:_____ RESTRIPE SAN FELIPE PROTECT IN PLACE MANHOLES, VALVES,
BOXES AND POLES WITHIN THE SAN
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FELIPE FRONTAGE ROAD
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APN 019-090-0250
0 BOLSA RD
18+00 "SFF" LINE 19+00 20+00 21+00
~--_ -~ -_ -_ -_ -_ -_ -_ -_ -_ ----~----------~:,::.:,::._::,::,::~--1 PROTECT IN PLACE EXISTING
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11 I
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22+00
RIGHT TURN IN/
RIGHT TURN OUT
ACCESS AT DRIVEWAY
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- - - - - -N -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 23+00
l;(---
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- - - --N -- ---- - - - - -------------------------------------------------- 43+00 -44+00
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1111 SAN FELIPE RD 1161 SAN FELIPE RD
_- >> Horn
10 S ALMADEN BLVD, SUITE 1250, SAN JOSE, CA 95113
PHONE: 669-B00-4130
WWW.KIM LEY-HORN.COM
. .
.', :" Home1own, Califor
,;, .:. " • (!E:ii:n.l[!91rLl ~G:~
1. RIGHT OF WAY SHOWN IS SUBJECT TO CHANGE AND IS
SHOWN FOR REFERENCE ONLY.
2. SEE SHEET X-01 FOR TYPICAL SECTIONS.
3. LIMITED ACCESS DRIVEWAYS WILL BE APPROVED ON A
CASE BY CASE BASIS. ACCESS RESTRICTIONS TO BE
DETERMINED DURING DEVELOPMENT APPLICATION
PROCESS.
4. ALL EXISTING UTILITIES AND PRIVATE PROPERTY
FEATURES IN CONFLICT WITH THE PROPOSED ROADWAY
IMPROVEMENTS SHALL BE RELOCATED AS REQUIRED.
CONCRETE SIDEWALK/CLASS I BIKEWAY
MEDIAN (HARDSCPE OR
LANDSCAPE)
ROUNDABOUT (HARDSCPE
OR LANDSCAPE)
LANDSCAPE
GRAPHIC SCALE IN FEET
0 2040 80
1 1 1 1
5 18
LEGEND
NOTES
LEGEND
NOTES
LEGEND
NOTES
LEGEND
NOTES
LEGEND
NOTES
LEGEND
NOTES
SAN FELIPE ROAD
PRECISE LINE AND
BEAUTIFICATION STUDY
CALIFORNIAHOLLISTER
197008235
© 2021 KIMLEY-HORN AND ASSOCIATES, INC.
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LAYOUT
SAN FELIPE
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Packet Pg. 488
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APN 053-350-0010
1322 SAN FELIPE RD
APN 053-360-0380
2J
EXISTING JOINT ELECTRICAL
DISTRIBUTION/JOIN POLE TO
BE RELOCATED (TYP)
1501 CITATION WAY / ~ ~
.-"'-----.r::;:;;=:;:~=~~:::::;:;:::::::~~ --=---:-: or ' ;Jj "--
>> Horn
10 S ALMADEN BLVD, SUITE 1250, SAN JOSE, CA 95113
PHONE: 669-B00-4130
WWW.KIM LEY-HORN.COM
50+00
-APN 019-030-0230
1725 SAN FELIPE RD
67 ' '
.', :" Home1own, Califor
,;, -:-" • (!E:ii:n,l[!97rLl ~G:~
1. RIGHT OF WAY SHOWN IS SUBJECT TO CHANGE AND IS
SHOWN FOR REFERENCE ONLY.
2. SEE SHEET X-01 FOR TYPICAL SECTIONS.
3. LIMITED ACCESS DRIVEWAYS WILL BE APPROVED ON A
CASE BY CASE BASIS. ACCESS RESTRICTIONS TO BE
DETERMINED DURING DEVELOPMENT APPLICATION
PROCESS.
4. ALL EXISTING UTILITIES AND PRIVATE PROPERTY
FEATURES IN CONFLICT WITH THE PROPOSED ROADWAY
IMPROVEMENTS SHALL BE RELOCATED AS REQUIRED.
CONCRETE SIDEWALK/CLASS I BIKEWAY
MEDIAN (HARDSCPE OR
LANDSCAPE)
ROUNDABOUT (HARDSCPE
OR LANDSCAPE)
LANDSCAPE
GRAPHIC SCALE IN FEET
0 2040 80
1 1 1 1
6 18
1 0
0 4
2 4
0 .
3 5
LEGEND
NOTES
LEGEND
NOTES
LEGEND
NOTES
LEGEND
NOTES
LEGEND
NOTES
LEGEND
NOTES
SAN FELIPE ROAD
PRECISE LINE AND
BEAUTIFICATION STUDY
CALIFORNIAHOLLISTER
197008235
© 2021 KIMLEY-HORN AND ASSOCIATES, INC.
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No.REVISIONS DATE BY
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SHEET NUMBER
OF
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LAYOUT
SAN FELIPE
PRECISE LINE
N
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Packet Pg. 489
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ADJUST/RECONSTRUCT
EXISTING MANHOLES (TYP)
PROTECT IN PLACE MANHOLES, VALVES,
BOXES AND POLES WITHIN THE SAN
FELIPE FRONTAGE ROADWAY (TYP)
APN 019-030-0240
600 PARK CENTER DR
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Kimley>>> Horn
10 S ALMADEN BLVD, SUITE 1250, SAN JOSE, CA 95113
PHONE: 669-B00-4130
WWW.KIM LEY-HORN.COM
APN 053-360-0280
0 AIRPORT
1. RIGHT OF WAY SHOWN IS SUBJECT TO CHANGE AND IS
SHOWN FOR REFERENCE ONLY.
2. SEE SHEET X-01 FOR TYPICAL SECTIONS.
3. LIMITED ACCESS DRIVEWAYS WILL BE APPROVED ON A
CASE BY CASE BASIS. ACCESS RESTRICTIONS TO BE
DETERMINED DURING DEVELOPMENT APPLICATION
PROCESS.
4. ALL EXISTING UTILITIES AND PRIVATE PROPERTY
FEATURES IN CONFLICT WITH THE PROPOSED ROADWAY
IMPROVEMENTS SHALL BE RELOCATED AS REQUIRED .
I I
CONCRETE SIDEWALK/CLASS I BIKEWAY
MEDIAN (HARDSCPE OR
LANDSCAPE)
ROUNDABOUT (HARDSCPE
OR LANDSCAPE)
LANDSCAPE
GRAPHIC SCALE IN FEET
0 2040 80
1 1 1 1
7 18
1 12
3 6
.
8 5
1 123
6 .
8 5
LEGEND
NOTES
LEGEND
NOTES
LEGEND
NOTES
LEGEND
NOTES
LEGEND
NOTES
LEGEND
NOTES
SAN FELIPE ROAD
PRECISE LINE AND
BEAUTIFICATION STUDY
CALIFORNIAHOLLISTER
197008235
© 2021 KIMLEY-HORN AND ASSOCIATES, INC.
Pl
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®
DESIGNED BY
CHECKED BY
DRAWN BY
AS SHOWNSCALE
DATE
KHA PROJECT
No.REVISIONS DATE BY
DRAWING NUMBER
SHEET NUMBER
OF
MA
T
C
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L
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LAYOUT
SAN FELIPE
PRECISE LINE
N
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T
H
F.4.a
Packet Pg. 490
u
7 ()
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--=-=
-- >> Horn
10 S ALMADEN CA 95113
I
" "
-=--
65+00
. Home1own, Califo
•_;,\ :"" . . En. 1972
CHANGE AND IS IS SUBJECT TO OF WAY SHOWN
1. RIGHT ENCE ONLY.
SHOWN FOR RE;E:OR TYPICAL SECTIONS.ROVED ON A
SEE SHEET X-YS WILL BE APP
2. LIMITED ACCESS DRIVEWACCESS RESTRICTIONS TO BE
3. CASE BY CASE BASIS~E:ELOPMENT APPLICATION
DETERMINED DURING
S PROPERTY
::~CEEX~S~NG UTILITIES AN~ p;~~A;~OPOSED ROADWAY
4. N CONFLICT WI AS REQUIRED. FEATURES I BE RELOCATED
IMPROVEMENTS SHALL
CONCRETE SIDEWALK/CLASS
MEDIAN (HARDSCPE OR
LANDSCAPE)
ROUNDABOUT (HARDSCPE
OR LANDSCAPE)
LANDSCAPE
I BIKEWAY
GRAPHIC SCALE IN
0 20 410 I I
8 FEET
80 I
18 10
0 3
23 5
.
0 8
E 5860200
LEGEND
NOTES
LEGEND
NOTES
LEGEND
NOTES
LEGEND
NOTES
LEGEND
NOTES
LEGEND
NOTES
SAN FELIPE ROAD
PRECISE LINE AND
BEAUTIFICATION STUDY
CALIFORNIAHOLLISTER
197008235
© 2021 KIMLEY-HORN AND ASSOCIATES, INC.
Pl
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t
t
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d
B
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