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add the following:
Both the Faithful Performance Bond and the Payment Bond shall each be for not less than one hundred percent (100%) of the total contract amount. The Payment Bond shall remain in force until thirty-five (35) days after the date of recordation of the Notice of Completion. The Faithful Performance Bond will not be released until one year after said date.
2-3 PLANS AND SPECIFICATIONS.
2-3.1 General.
the first paragraph is amended as follows:
The Contractor shall maintain a control set of Plans and Specifications on the project site at all times. All final locations determined in the field, and any deviations from the Plans and Specifications, shall be marked in red on this control set to show the record conditions. Upon completion of all work, the Contractor shall return the control set to the Engineer. Final payment will not be made until this requirement is met.
SECTION 3 - CHANGES IN WORK
3-1 CHANGES INITIATED BY THE AGENCY
3-1.1 General.
add the following:
The term "Contract Price" as specified herein shall serve to mean the total dollar value of the Contractor's original bid for all of the various items of work combined and shall not be construed to mean the subtotal shown for any singular item of work.
3-2 EXTRA WORK
3-2.1 Payment
3-2.2 Markup.
add the following as the first paragraph:
The markups mentioned hereinafter shall include, but are not limited to, all costs for the services of superintendents, project managers, timekeepers, and other personnel not working directly on the change order and pickup or yard trucks used by the above personnel. These costs shall not be reported as labor or equipment elsewhere except when actually performing work directly on the change order and then shall not be reported at the labor classification of the work performed.
SECTION 4 - CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP
4-1.1 Test of Materials.
add the following:
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TESTING LABORATORY SERVICES
All test which require the services of a laboratory to determine compliance with the Contract Documents shall be performed by an independent commercial testing laboratory acceptable to the Engineer.
Samples and test specimens will be delivered to the testing laboratory by testing laboratory personnel. The testing laboratory shall perform all laboratory tests within a reasonable time.
Contractor shall furnish all sample materials and cooperate in the sampling and field-testing activities, interrupting the Work when necessary. When sampling or testing activities are performed in the field by Engineer, Contractor shall furnish personnel and facilities to assist in the activities as required.
The City shall not retain any testing laboratory against which Contractor has reasonable objection, and if at any time during the construction process the services become unacceptable to Contractor, Contractor may request in writing that such services be terminated.
The request must be supported with evidence of improper testing. If the Engineer determines that sufficient cause exists, the Engineer shall terminate the services and engage a different testing laboratory.
TRANSMITTAL OF TEST REPORTS
Written reports of tests and engineering data furnished by Contractor for Engineer's review of materials and equipment proposed to be used in the Work shall be submitted as specified for Shop Drawings.
The testing laboratory retained by the Engineer will furnish three copies of a written report of each test performed by laboratory personnel. Two copies of each test report will be transmitted to the engineer and one copy to the Contractor within three working days after each test is completed.
SECTION 5 - UTILITIES
5-1 LOCATION.
add the following paragraph:
The Contractor shall notify the utilities designated in the General Specifications at least 48 hours in advance of excavating around any of their structures.
SECTION 6 - PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK.
is amended as follows:
The Contractor's proposed Construction Schedule shall be submitted to the Engineer within ten (10) working days after the date of the Notice of Award of Contract. The schedule shall be supported by written statements from each supplier of materials or equipment indicating that all orders have been placed and
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acknowledged and setting forth the dates that each item will be delivered.
Prior to issuing the Notice to Proceed, the Engineer will schedule a pre-construction meeting with the Contractor to review the proposed Construction Schedule and delivery dates, arrange the utility coordination, discuss construction methods, and clarify inspection procedures.
The Contractor shall submit periodic Progress Reports to the Engineer by the tenth day of each month. The report shall include an updated Construction Schedule.
Any deviations from the original schedule shall be explained. Progress payments will be withheld pending receipt of any outstanding reports. 6-2 TIME OF COMPLETION.
6-2.1 General.
add the following:
The time for completion shall be Forty-five (45) consecutive calendar days from the issuance date of the Notice to Proceed.
6-2.2 Working Day.
is amended as follows:
The Contractor's activities shall be confined to the hours between 7:00 AM and 6:00 PM, Monday through Friday, excluding holidays. Deviation from these hours will not be permitted without the prior consent of the City of Imperial Planning and Development Department, except in emergencies involving immediate hazard to persons or property.
In the event of either a requested or emergency deviation, inspection service fees will be charged against the Contractor. The service fees will be calculated at overtime rates including benefits, overhead, and travel time. The service fees will be deducted from any amounts due the Contractor.
6-3 LIQUIDATED DAMAGES.
the last sentence is amended as follows:
For each consecutive calendar day in excess of the time specified, as adjusted in accordance with Subsection 6-6, for completion of the work the Contractor shall pay to the Agency, or have withheld from monies due it, the sum of $1,000.00 per day.
SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR
7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES.
add the following:
A noise level limit of 86 dbA at a distance of fifty feet (50') shall apply to all construction equipment on or related to the job whether owned by the Contractor or not. The use of excessively loud warning signals shall be avoided except in those cases required for the protection of personnel.
7-2 LABOR.
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7-2.2 Laws.
add the following:
The Contractor, and all subcontractors, suppliers and vendors, shall comply with all Agency, State, and Federal orders regarding affirmative action to ensure equal employment opportunities and fair employment practices. Failure to file any report due under said orders will result in suspension of periodic progress payments.
The Contractor shall ensure unlimited access to the job site for all equal employment opportunity compliance officers.
7-3 LIABILITY INSURANCE.
the entire Subsection is amended as follows:
7-3.1 Indemnification.
The Contractor shall indemnify and save harmless the CITY OF IMPERIAL and the County of Imperial from all claims or suits for damages arising from his prosecution of the contract work, as more fully described in Subsection 7-3.2 "Contractor's Liability".
The Contractor shall maintain during the life of the contract a protective liability policy. The policy shall provide for not less than the following amounts; Bodily Injury $ 500,000 each person
$1,000,000 each accident
$1,000,000 aggregate products and
completed operations
Property Damage $ 250,000 each accident
Worker's Compensation
Statutory
All liability insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policies for any reason whatsoever, the Agency shall be notified by registered mail, return receipt requested, giving a sufficient time before the date thereof to comply with any applicable law or statute, but in no event less than 30 days before expiration or cancellation is effective. The following statement shall be included on the insurance certificate:
"Additional Insured: The insurer agrees that the City and its City Council, and/or all City Council appointed groups, committees, boards and any other City Council appointed body, and/or elective and appointive officers, servants or employees of the City when acting as such are additional insured hereunder, for the acts of the insured, and such insurance shall be primary to any insurance of the City."
The Contractor agrees to protect, defend and indemnify the CITY OF IMPERIAL against loss, damage or expense by reason of any suit, claims, demands, judgments and causes of action caused by the Contractor, his employees, agents or any subcontractor or by any third party arising out of or in consequence of the performance of all or any operations covered by the Certificate of Insurance. The Contractor, at his option, may include such coverage under his Public Liability coverage.
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7-3.2 Contractor's Liability.
The CITY OF IMPERIAL, its City Council, or the Engineer shall not be answerable or accountable in any manner, for any loss or damage that may happen to the work or any part thereof; or for any of the materials or other things used or employed in performing the work; or for injury to any person or persons, either workmen or the public; or for damage to adjoining property from any because which might have been
prevented by the Contractor, or his workmen, or anyone employed by him; against all of which injuries or damages to persons and property the Contractor having control over such work must properly guard. The Contractor shall be responsible for any damage to any person or property resulting from defects or obstructions at any time before its completion and final acceptance, and shall indemnify and save harmless the CITY OF IMPERIAL, its City Council, and the Engineer from all suits or actions of every name and description, brought for, or on account of, any injuries or damages received or sustained by any person or persons, or by the Contractor, his servants or agents, in the construction of the work or by or in consequence of any negligence in guarding the same, in improper materials used in its construction, or by or on account of any act or omission of the Contractor or his agents, and so much of the money due the Contractor under and by virtue of the Contract as shall be considered necessary by the City may be retained by the City until disposition has been made of such suits or claims for damages aforesaid.
If, in the opinion of the Engineer, the precautions taken by the Contractor are not safe or adequate at any time during the life of the Contract, he may order the Contractor to take further precautions, and if the Contractor shall fail to do so, the Engineer may order the work done by others and charge the Contractor for the cost thereof, such cost to be deducted from any moneys due or becoming due the Contractor. Failure of the Engineer to order such additional precautions, however, shall not relieve the Contractor from his full responsibility for public safety.
7-4 PERMITS.
the first sentence is amended as follows:
Prior to the start of any work, the Contractor shall take out the applicable Agency permits and make arrangements for Agency inspections. The Contractor and all subcontractors shall each obtain any and all other permits, licenses, inspections, certificates, or authorizations required by any governing body or public utility.
Payment for this work shall be included in the bid items of work and no additional compensation will be allowed. The City of Imperial will waive the City’s usual encroachment permit fees.
The Contractor and all subcontractors shall each obtain any and all other permits, licenses, inspections, certificates, or authorizations required by any governing body or public utility. Payment for this work shall be included in the bid items of work and no additional compensation will be allowed.
7-5 PUBLIC CONVENIENCE AND SAFETY.
7-5.1 Traffic and Access.
add the following:
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When entering or leaving roadways carrying public traffic, the Contractor's equipment, whether empty or loaded, shall in all cases yield to public traffic.
The Contractor shall notify all affected property owners of the proposed schedule a minimum of 48 hours, but not more than 72 hours, in advance of any limitation or closure of access to their property. Form of said notice shall be as approved by the Engineer and shall contain the date and time of the closure. In the event of delay, whether beyond the control of the Contractor or not, the Contractor shall notify all affected property owners as to the extent of the delay and his revised schedule. In the event of delay over 72 hours, the Contractor shall re-notify the property owners as described above. Payment for notification and coordination as per Section 7-10 as modified herein shall be included in the compensation paid for the various items of work and no additional compensation will be allowed.
7-5.2 Storage of Equipment and Materials in Public Streets. add the following:
The Contractor shall assume full responsibility for any damage caused by stockpiling and shall repair same at his expense. The Contractor shall also be responsible for providing traffic control as required to protect the public from hazards caused by stockpiling within the right of way. Payment for the above, if any, will be deemed as included in the items of work and no additional compensation will be allowed.
The Contractor may, at his own expense, maintain and operate a work and storage area outside of the public right-of-way.
In such case the Contractor shall submit to Agency written authorization from the owners of the subject property prior to occupation. Occupation of site without written authorization shall be grounds for immediate suspension of work.
Location of site to be approved by Agency. Condition and operation of yard shall conform to these specifications. The Contractor shall assume full responsibility for all damage to the site resulting from his operations and shall repair and/or replace same, at his own expense, to the satisfaction of the owner of the subject property.
The Contractor shall vacate site and return it to pre-project condition within five (5) working days following application for Notice of Completion. The Contractor shall obtain a written release from the property owner accepting the condition of the vacated site and releasing the Contractor from any further clean-up or restoration work and shall submit a copy of such release to Agency. The Notice of Completion will not be issued until said release is submitted.
7-5.3 Street Closures, Detours, and Barricades.
add the following:
The Contractor shall maintain the minimum traffic requirements designated in the General Specifications. It shall be the Contractor's responsibility to furnish a detailed detour signing and barricade plan for Agency approval.
The Contractor shall be responsible for providing temporary access to all driveways at the end of each workday.
The Contractor shall provide and maintain all other signs, barricades, pedestals,
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flashers, delineators and other necessary facilities for the protection of the public within the limits of the construction area. He shall also post proper signs to notify the public regarding detours and the condition of the roadway, all in accordance with the provisions of the Vehicle Code and the current State of California Department of Transportation Manual of Warning Signs, Lights and Devices for Use in Performance of Work Upon Highways.
The Contractor shall furnish competent flagmen as are necessary to give adequate warning to traffic or to the public of any dangerous conditions to be encountered.
Flagmen, while on duty and assigned to give warnings to the public of construction and of any dangerous conditions to be encountered as a result thereof, shall perform their duties and shall be provided with the necessary equipment in accordance with the current "Instructions to Flagmen," of the Department of Transportation. The equipment shall be furnished and kept clean and in good repair by the Contractor, at his expense.
Should the Contractor appear to be neglectful or negligent in furnishing warning and protective measures as provided, the Engineer may direct attention to the existence of a hazard and the necessary warning and protective measures shall be furnished and installed by the Contractor at his expense. Should the Engineer point out the inadequacy of warning and protective measures, such action on the part of the Engineer shall not relieve the Contractor from responsibility for public safety or abrogate his obligation to furnish any pay for these devices.
The Contractor shall distribute notices to all affected residents and businesses at the stated minimum time prior to the start of work:
Excavations, overlays and miscellaneous repairs – 36 hours The Contractor shall also be required to post "Temporary No Parking" signs along the streets to be resurfaced during each working day, forty-eight (48) hours prior to resurfacing. The "NOTICES" and "Temporary No Parking" signs will be furnished by the Contractor.
The Contractor shall notify the following entities at least forty-eight (48) hours in advance of any street closure or restriction to access:
1. City of Imperial Engineering Division at 355-1152
2. Fire Department at (442) 265-3010
3. Imperial Police Dept. at 355-4327
4. Imperial County Sheriff's Dept.: (442) 265-2021
5. Imperial County Public Works Dept.: (442) 265-1818
Full compensation for conforming to this article shall be considered as included in the various items of work involved, and no additional compensation will be allowed, therefore.
7-5.4 Safety.
7-5.4.1 Safety Orders.
add the following:
CONSTRUCTION SAFETY ORDERS
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The Construction Safety orders of the State of California, Department of Industrial Relations, effective November 15, 1975, and as amended, shall be applicable to the work in this contract. The Contractor's special attention is directed to:
**Article 6**
Excavations, Trenches and Earthwork
**Article 11**
Traffic Control, Flagmen, Barriers and Warning signs; and
**Article 28 **
Miscellaneous Construction Equipment prior to the start of work, the Contractor will be required to obtain a permit from the Office of the Division of Occupational Safety and Health. The office serving the Imperial area is at 7807 Convoy court, Suite 140, San Diego, California 92111, Telephone Number; (619) 637-5534.
The Contractor shall provide the City Engineer's office with a copy of the permit prior to the start of excavation, and the permit shall be maintained on the job site at any timework requiring trenching or shoring operations exist.
Where excavation of any trench 5 feet or more in depth is required, the Contractor shall submit to the City Engineer for approval, in writing, two weeks in advance of excavations, a detailed plan showing the design of shoring bracing, sloping, protection of existing utilities, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench. If such plan varies from shoring system standards established by the Construction Safety Order.
The plan shall be prepared by a Registered Civil or Structural Engineer.
Copies of said regulations are available from the documents Section, P.O. box 20191, Sacramento, California 95820. The cost of furnishing labor, tools, equipment, services and items required thereby shall be borne by the Contractor as part of this contract work and he shall not be entitled to additional compensation for compliance with said regulations.
7-6 PAYROLL RECORDS.
add the following paragraph:
Payroll records shall be submitted to the Agency by the tenth day of each month.
Progress payments will be withheld pending receipt of any outstanding reports.
SECTION 8 - MEASUREMENT AND PAYMENT
8-1 Partial and Final Payment.
the last paragraph is amended as follows:
The closure date for periodic progress payments will be five (5) working days prior to the first Monday of each month.
The final progress payment will not be released until the Contractor returns the control set of Plans and Specifications showing the as-built conditions.
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The full five percent (5%) retention will be deducted from all payments. The final retention will be authorized for payment thirty-five (35) days after the date of recordation of the Notice of Completion.
In conformance with the Public Contracts Code, Section 22300, the Contractor may substitute securities for any monies withheld by the Agency to secure performance under the contract.
At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the Agency or with a State or Federally chartered bank as the escrow agent who shall pay such monies to the Contractor upon notification by Agency of Contractor's satisfactory completion of the contract. Actual pay quantity measurements will be done at the end of each working day and agreed upon by both the Contractor and the Engineer's representative.
The type of securities deposited, and the method of release shall be approved by the City Attorney's office.
8-1.1 Delivered Materials.
is amended as follows:
Materials and equipment delivered but not incorporated into the work will not be included in the estimate for progress payment, subject to the discretion of the City Engineer.
8-1.2 Dewatering.
is amended as follows:
The Contractor may encounter groundwater or water from other sources during excavation. The Contractor shall provide and maintain at all times during construction, ample means and devices with which to promptly remove and properly dispose of all water from any source entering the excavations or other parts of the work. Dewatering shall be accomplished by methods, which will ensure a dry excavation and preservation of the final lines and grades of the bottoms of excavations.
Dewatering shall commence when groundwater is first encountered and shall be continuous until such times as water can be allowed to rise in accordance with the provisions of this section or other requirements.
Disposal of watering from dewatering operations shall be the sole responsibility of the Contractor. Disposal methods shall conform to the Porter-Cologne Water quality control Act, 1974, the Federal Water Pollution Control Act Amendment of 1972; and the California Administrating code, Title 23, Chapter 3.
The Contractor shall dispose of the water from the work in a suitable manner without damage to adjacent property. Conveyance of the water shall be such as to not interfere with traffic flow or other construction. No water shall be drained into work built or under construction without prior consent of the City Engineer.
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Water shall be desanded before disposal in any storm drain system. The system used for desanding the water shall be a baffled structure and shall provide not less than five minutes detention time and shall have a "flow-through" velocity not exceeding 0.2 feet per second at the anticipated peak flow. The desanding box shall be cleaned as required to maintain the detention time and flow-through limitations specified above.
8-1.3 Mobilization.
is amended as follows:
Mobilization shall consist of preparatory work and operations, including but not limited to those necessary for the movement of personnel, equipment, supplies, and incidentals to the project site; for the establishment of all offices, buildings and other facilities necessary for the work on this project; and for all work and operations which must be performed or cost incurred prior to beginning work on the various contract items on the project site.
The compensation paid for mobilization shall be full compensation for all costs incurred by the Contractor for doing all the work involved in mobilization as specified herein.
Payment for mobilization will be included in the items of work listed in the BID PROPOSAL.
PART II – CONSTRUCTION MATERIALS
All CONSTRUCTION MATERIALS AND CONSTRUCTION METHODS shall be according to the latest edition of the State of California Department of Transportation (CALTRANS) Standard Specifications, CALTRANS Standard Drawings / Details, and, according to the CONSTRUCTION PROJECT PLANS called for in APPENDIX C.
PART III - CONSTRUCTION METHODS AND TECHNICAL
SPECIFICATIONS
All CONSTRUCTION MATERIALS AND CONSTRUCTION METHODS shall be according to the latest edition of the State of California Department of Transportation (CALTRANS) Standard Specifications, CALTRANS Standard Drawings / Details, and according to the CONSTRUCTION PROJECT PLANS called for in APPENDIX C.
All as provided in part 3 of the Standard Specifications, except as otherwise provided below:
TRAFFIC CONTROL
All traffic control for the project shall be in accordance with the Special Provisions and the latest edition of the California Manual on Uniform Traffic Control Devices (California MUTCD) and the latest edition of the “Construction Area Traffic Control Devices” of CALTRANS Standard Specifications.
SUBMITTALS
The Contractor shall submit eight (8) copies of the following shop drawings to the Engineer for
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review and approval at least ten (10) days before drawings will be required for ordering materials and commencing the work. Each shop drawing and sample submission shall bear a stamp or specific written indication that the Contractor has satisfied the Contractor's review and approval of that submission. The Contractor shall provide specific written notice of any variations that the shop drawings may have from the requirements of the Contract Documents.
Within 8 calendar days of receipt of shop drawings, the Engineer will return two (2) copies of each drawing to the Contractor with his comments thereon. If so indicated, the Contractor shall make corrections required by the Engineer and shall return the required number of corrected copies of Shop Drawings and submit as required new samples for review and approval. The Engineer's review and approval of Shop Drawings or samples shall not relieve the Contractor from responsibility for any variation from the requirements of the Contract Documents. Shop drawings shall be submitted but not limited to the following items:
A. The Contractor shall submit a tunnel construction schedule, which includes casing installation, carrier pipe installation, approach trench backfills, and receiving pit backfill.
B. The Contractor shall submit manufacturer's specification and information and regarding to all materials to be used on the work site.
1.0 GENERAL
The latest Caltrans Standard Specifications shall apply to the work to be completed within the Caltrans Right-of-Way.
The Technical Specifications for the work to be completed shall comply with the City of Imperial Standard Specifications and Details, the latest Caltrans Standard Specifications 2010, and the Specifications as required in this Technical Conditions Section. Major material component standard specifications have been included in these Technical Specifications. Some of the major material component standard specifications refer to other Caltrans Standard Specifications, 2010. These “referred to” specifications have not been included in this Technical Specifications section. It shall be necessary to refer to the Caltrans Standard Specifications, 2010 document to review the “referred to” sections.
If pertinent specifications are not included within these Technical Specifications, refer to Caltrans Standard Specifications, 2010.
If there is any conflict between the Specifications, the most stringent Specification shall prevail.
Payment of each work item shall be based on the item of work and the unit of measure shown in the bid item list.
2.0 EXISTING FACILITIES
Performing work on existing facilities such as demolition, cold planning, disposal, etc. shall conform to the provisions in Sections 15-1 through 15-3 of Section 15, "Existing Facilities," of the Standard Specifications.
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3.0 PRESERVATION/PERPETUATION OF SURVEY MONUMENTS
The Contractor shall be responsible for protecting all existing horizontal and vertical survey controls, monuments, ties and benchmarks located within the limits of the project.
If any of the above require any removal, relocating or resetting, the Contractor shall, prior to any construction work and under the supervision of a California-licensed surveyor or pre-1972 licensed civil engineer, establish sufficient temporary ties and bench marks to enable the points to be reset by the Contractor after completion of construction.
Any ties, monuments and benchmarks disturbed during construction shall be reset after construction per City of Imperial or County of imperial standards, as applicable, and the tie notes submitted to the City of Imperial or County of Imperial on 8-1/2" x 11" note paper. The Contractor and its sureties shall be liable for, at its expense, any resurvey required due to its negligence in protecting existing ties, monuments, benchmarks or any such horizontal and vertical controls.
The Contractor shall comply with The Land Surveyors Acts #9771 (Record of SurveysMonumentation) and #8773 (Corner Records-Records of Survey for "Lost Corners").
4.0 SUBBASE PREPARATION
The native material beneath P.C.C. concrete and asphalt concrete infrastructure including but not limited to P.C.C. driveway entrances, P.C.C. sidewalks, P.C.C. ribbon gutters, cross-gutter, P.C.C. curb and gutter, P.C.C. sidewalk, P.C.C. spandrels, P.C.C. transition areas and A.C. pavement shall be excavated to ±0.05 feet of design subbase grade.
The design subbase grade shall be field verified and approved by the construction manager or City Inspector prior to the placement of granular sand fill, crusher fines or class 2 base. The construction manager/City Inspector shall determine the number and location of points to check for the subbase grade elevation compliance. prior to the construction manager’s inspection of the subbase grade the contractor shall establish blue top hubs (stakes set to design subbase grade) 50 feet on center along street sections.
5.0 SUBGRADE PREPARATION
The class 2 base, sand or crusher fines beneath AC pavement and concrete infrastructure shall be placed to within ±0.02 feet of design subgrade prior to the placement of AC pavement or P.C.C. concrete. The construction manager or City Inspector shall field verify the subgrade elevations in the field prior to the placement of class 2 base, granular sand material or crusher fines. Placement of P.C.C. concrete or AC pavement shall not be allowed until the construction manager or City Inspector has approved the subgrade design grade
6.0 SAND
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Clean granular sand free of clay, shale and deleterious material shall be delivered to the site and placed as noted on the plans. Sand shall be compacted to 90 percent of maximum density at optimum water content per ASTM D-1557 unless otherwise noted on the plans. The material shall conform to a sand equivalent of 30 or greater. The maximum amount of material passing the number 200 sieve shall be 7 percent. The sand shall conform to the following gradation percentages:
SIEVE SIZE PERCENT PASSING
3/8” 100
NO. 4 98-90
NO. 8 90-75
NO. 10 75-60
NO. 16 60-50
NO. 30 50-38
NO. 40 38-29
NO. 50 29-19
NO. 100 19-7
NO. 200 7-0
The contractor shall supply a five-gallon sample of sand material to the material testing laboratory within four (4) days after the notice to proceed is issued. The gradation, sand equivalent and maximum density of the sand material shall be determined. The test results shall be forwarded to the construction manager or City Inspector. The cost of testing shall be incurred by the contractor. The gradation of the granular sand shall be determined, and the test results forwarded to the construction manager or City Inspector prior to the delivery of the granular sand material to the construction site. Prior to the placement of sand, the native subbase grade shall be checked and approved by the construction manager or Inspector.
Crusher fines shall be allowed to be utilized in lieu of sand if approved by the City engineering department.
7.0 CRUSHER FINES
Crusher fines shall consist of decomposed granite indigenous to the imperial valley.
Crusher fines utilized for this project shall conform to the following gradation requirements:
SIEVE SIZE PERCENT PASSING
5/8” 100
NO. 4 80 – 100
NO. 8 50 - 85
NO. 30 30 - 50
NO. 200 4 - 15
The sand equivalent shall be 20 or greater.
8.0 CLASS 2 BASE
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The class 2 base material shall conform to Caltrans standard specifications section 26, latest edition, for ¾ inch maximum base material. The gradation requirements are as follows:
SIZE PERCENT PASSING
1 IN/25.00MM 100
¾ IN/19.00MM 87-100
#4/4.75MM 30-65
#30/600MM 5-35
#200/75.00MM 0-12
The sand equivalent shall be 25 or greater. An angular aggregate is to be used. Class 2 base material shall be compacted to 95 percent of maximum density according to ASTM D-1557, unless otherwise noted on the plans or details. The tolerance for the class 2 base between design subgrade elevation and actual subgrade elevation as constructed in the field shall be plus or minus 0.02 feet as referenced from the design subgrade. Prior to the placement of class 2 base the native subbase grade shall be checked and approved by the construction manager or City Inspector. The native subbase grade shall be within plus or minus 0.05 feet of native subbase design grade prior to the placement of class 2 base.
The contractor shall supply a five-gallon sample of the class 2 base to the material testing laboratory within four (4) days of the notice to proceed. The material shall be delivered to the testing laboratory to determine the maximum density, gradation, r-value, sand equivalent and durability index of the class 2 base. A copy of the test results shall be forwarded to the construction manager or City by the geotechnical consultant for review.
The gradation of the class 2 base shall be determined, and the test results forwarded to the construction manager or City for approval prior to the delivery of the class 2 base material to the construction site. Class 2 base utilizing recycled materials shall be allowed in lieu of virgin class 2 base as long as the specifications meet the Caltrans standard specifications section 26.
9.0 P.C.C. CONCRETE
P.C.C. shall meet section 90-2 minor concrete of the latest Caltrans standard specifications.
P.C.C. concrete, utilized for but not limited to, curb and gutter, barrier curb, spandrels, cross-gutter, valley gutter, ribbon gutters, residential and commercial driveways, sidewalks and all other concrete infrastructure shall contain a minimum of 7 sacks of cement per cubic yard of concrete and attain 5,000 p.s.i. compressive strength after 28 days curing unless stated otherwise on the plans. The P.C.C. shall contain 1 ½ lbs. of polypropylene fiber per cubic yard. A concrete mix design is to be submitted to the construction manager or City representative within five (5) days after the issuance of the notice to proceed. New formwork shall be utilized in the construction of every concrete facility. The formwork shall be true to line and grade. The vertical flowline elevation tolerance shall be +/- 0.02 feet for design grade for slopes of 1.0% or greater, +/- 0.01 for design grade for slopes less than
1.0%. The construction manager or City Inspector shall check the formwork for line and grade prior to the placement of concrete. The contractor shall notify the construction manager 72 hours prior to the required inspection. Exposed surfaces of concrete areas shall receive a double trowel finish. Weakened plane joints shall be placed every 8 lineal feet for ribbon gutter, cross gutter and valley gutter construction unless otherwise
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illustrated on the standard plans. Expansion joints shall be placed every 40 feet along curb and gutter, barrier curb, valley gutter and sidewalk construction unless otherwise illustrated on the standard plans. Installation of curb and gutter, valley gutter and cross-gutters shall begin at the lowest elevation and proceed uphill. A total of one (1) set of cylinders and one (1) slump test shall be required for every 50 cubic yards of concrete, except that a minimum of one (1) set of cylinders and slump test shall be required each day twenty (20) or more yards of concrete are placed at a project site. The maximum allowable slump shall be 4 inches. A set of cylinders shall be composed of three (3) cylinders. The first cylinder of a set shall be tested after seven (7) days curing. The second cylinder of a set shall be tested after 28 days curing. The third cylinder shall be held in reserve and tested if directed by the construction manager or City representative. The test results will be forwarded to the construction manager or City for review. The construction manager or City Inspector shall receive a concrete vendor slip for each truck load of concrete delivered to the project site.
Prior to the placement of concrete, the subgrade depth shall be inspected to ensure that the full depth of concrete, as noted on the plans, is attained. Excess fill material shall be removed as required by the construction manager or City Inspector. The form boards shall be checked for the proper elevation. Compaction tests on the subgrade shall have achieved the density requirements specified. The construction manager or City Inspector shall then allow the placement of concrete.
The concrete shall be screeded and floated. All edges shall be struck with a concrete edger. Weakened plane joints shall be established at right angles to the sidewalk edge as illustrated on the standard drawings. The weakened plane joints shall be 3/8 inch in width and 3/4 inch in depth. Expansion joints consisting of 1/2-inch-thick fiberboard material shall be placed across the full section of the P.C.C. sidewalk every 40 lineal feet, or as required by the standard plans. After the concrete surface has been floated and cured adequately, it shall receive a double trowel finish. The troweling shall be accomplished by hand with a steel trowel. The surface of the concrete shall receive a light broom finish after the surface is double troweled. The surface of the concrete shall be smooth and true to grade. Tolerance for the concrete surface shall be 1/8 inch in 10 lineal feet with maximum high and low variance not occurring in less than 20 feet. The contractor shall maintain the concrete surface moist or wet for a 24-hour period after the concrete is placed and finished troweled. Placement of burlap bags or used carpet over the concrete surface and a continuous application of water over the concrete surface will be required for a 24-hour period. After the 24-hour period, a concrete sealer shall be applied to all new P.C.C. concrete surfaces. The concrete surfaces shall be cleaned of all dirt and residue prior to the placement of the concrete sealer. Concrete shall not be placed after 10:00 a.m. on Fridays.
10.0 A.C. PAVEMENT
The asphalt concrete mix shall meet section 39 of the latest Caltrans standard specifications and the following requirements:
Aggregate base shall be 3/4-inch maximum, medium. The asphalt concrete shall conform with the following percentages:
Limits of Proposed
Sieve Size Percent Passing Gradation – X
25.00mm 100 ----
19.00mm 90 – 100 ----
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9.50mm 60 – 85 ----
4.75mm X +/- 8 49 – 54
2.36mm X +/- 8 36 – 40
600.00mm X +/- 8 18 – 21
75.00mm 0 – 11 ----
In the table above, “x” is the gradation which the contractor proposes to furnish for specific sieve.
Asphalt binder shall be pg 70-10 in accordance with the approved A.C. mix design.
The asphalt concrete shall be type “A” as set forth in the State of California, Department of Transportation, Standard Specifications, Section 39, latest edition.
11.0 N/A
12.0 N/A
13.0 MANHOLE FRAMES AND COVERS
All manhole frames and covers, valve boxes and lids, and other similar existing utilities shall be raised to the grade of the finished pavement surface by the contractor. Manhole frames and covers, and similar utility covers shall be lowered a minimum of 3 inches below the design pavement surface prior to the installation of A.C. pavement. Manhole frames and covers, and other lids shall be raised after paving operations have occurred. 8-inch wide, 8-inch deep concrete collars shall be poured concentric with the outside of valve extension risers 3/8 inches below the finish pavement surface. A one (1) foot wide, one (1) foot deep concrete collar shall be poured concentric with the outside of all manhole frames and covers 3/8 inches below the surface of the pavement. Manhole frames and covers shall be raised with concrete grade rings 3/8 inches below the new street pavement surface elevation. The manhole frame and covers and valve extension risers and covers shall be raised 3/8 inches below the pavement grade after paving operations are complete.
14.0 STRIPING APPLICATION
14.1 DESCRIPTION
This item shall consist of the painting of markings and stripes on the surface of the A.C. pavement in accordance with the locations and requirements illustrated on the striping and signage plan. All painting of markings and stripes shall conform to Caltrans standard plans and specifications, latest edition, unless noted otherwise.
14.2 MATERIALS
14.2.1 THERMOPLASTIC MATERIAL FOR TRAFFIC STRIPING & MARKINGS.
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Thermoplastic material shall meet the requirements of the standard specifications for public works construction, “Greenbook”, 2024 edition, section 214-5.
14.2.2 REFLECTIVE MEDIA
A glass sphere reflective media shall be required per section 214 of the standard specifications for public works construction, “Greenbook”, 2024 edition.
14.3 CONSTRUCTION METHODS
14.3.1 WEATHER LIMITATIONS
Thermoplastic applications shall be performed only when the surface is dry, when the atmospheric temperature is as specified per section 214-
5.1 of the standard specifications for public works construction, “Greenbook”, 2024 edition, and when the weather is not foggy or windy.
14.3.2 EQUIPMENT
All equipment for the work shall be approved by the construction manager or City Inspector and shall include the apparatus necessary to properly clean the existing surface, a mechanical marking machine, and such auxiliary hand-painting equipment as may be necessary to satisfactorily complete the job. The mechanical marker shall be an atomizing spraytype marking machine suitable for application of traffic paint. It shall produce an even and uniform film thickness at the required coverage and shall be designated so as to apply markings of uniform cross sections and clear-cut edges without running or spattering.
14.3.3 PREPARATION OF SURFACE
Immediately before application of thermoplastic, the pavement surface shall be dry and free from dirt, grease, oil, laitance, or other foreign material which would reduce the bond between the thermoplastic and the pavement. The area to be treated shall be cleaned by sweeping and blowing or by other methods as required to remove all dirt, laitance, and loose materials.
14.3.4 LAYOUT OF MARKINGS
The proposed markings shall be laid out in advance of the paint application according to the dimensions required by the plans and specifications or by Caltrans standards.
14.3.5 APPLICATION
Markings shall be applied at the locations and to the dimensions and spacing shown on the plans. Thermoplastic shall not be applied until the layout and condition of the surface have been approved by the construction manager or City Inspector. The thermoplastic shall be mixed in accordance with the manufacturer’s instructions and applied to the
118
pavement with a marking machine at a rate specified in the standard specifications for public works construction, “Greenbook”, 2024 edition, section 214. The addition of thinner will not be permitted. The edges of the markings shall not vary from a straight line more than ¼ inch in 50 feet, and the dimensions shall be within a tolerance of plus or minus 2 percent. The contractor shall furnish certified test reports for the materials shipped to the project. The reports shall not be interpreted as a basis for final acceptance. The contractor shall notify the construction manager or City Inspector upon arrival of shipment of the paint to the job site. All emptied containers shall be returned to the paint storage area for checking by the construction manager or City Inspector. The containers shall not be removed from the project site or destroyed until authorized by the construction manager.
14.3.6 PROTECTION
After application of the thermoplastic, all markings shall be protected from damage until the material is dry. All surfaces shall be protected from disfiguration by spatter, splashes, spillage or drippings of paint.
14.3.7 MATERIAL REQUIREMENTS
Thermoplastic: Materials shall conform with the “Thermoplastic Material for Traffic Striping and Markings” specified in the standard specifications for public works construction, “Greenbook”, 2024 edition, section 214.
15.0 TACK COAT (SS1H) APPLICATION
Tack coat application shall be in accordance with the Standard Specifications for Public Works Construction, the “Greenbooks” or as specified herein.
If the asphalt concrete pavement is being constructed directly upon an existing hardsurfaced pavement, a tack coat of PG 64-10 paving asphalt at an approximate rate of 0.05 gallon per square yard (0.25 L/m2) or SS-1h emulsified asphalt at an approximate rate of
0.05 to 0.10 gallon per square yard (0.25 to 0.45 L/m2) shall be uniformly applied upon the existing pavement preceding the tack coat is applied. To minimize public inconvenience, no greater area shall be treated in any one day than is planned to be covered by asphalt concrete during the same day, unless otherwise approved by the Construction Manager or City Inspector.
A similar tack coat shall be applied to the surface of any course, if the surface is such that a satisfactory bond cannot be obtained between it and a succeeding course.
The contact surfaces of all cold pavement joints, curbs, gutters, manholes, and the like shall be painted with either SS-1h emulsified asphalt or PG 64-10 paving asphalt per the application rate, as specified in the Caltrans Standard Specifications Section 39-1.09C, immediately before the adjoining asphalt concrete is placed.
Full compensation for furnishing all labor, materials, tools and equipment and for doing all the work involved in tack coat application shall be considered as included in the contract unit price paid per the tonnage of asphalt pavement installed and no additional compensation shall be allowed, therefore.
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16.0 EV CHARGING STATION SPECIFICATIONS
120
121
17.0 SWITCHGEAR SPECIFICATIONS
The switchgear to be installed for this project must contain the following specifications:
1200A Utility service, UGPS, CT/Meter compartment, main breaker with GFI, 480/277, 3P 4W, 30KAIC Min, NEMA3R; Free standing, 2 section, recertified with Eaton circuit breakers.
END OF SECTION
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Appendix A
CALIFORNIA STATE
GENERAL PREVAILING WAGE RATES
THE CONTRACTOR SHALL CHECK WITHIN 10 DAYS OF
THE BID OPENING THE LATEST WAGE RATES
State Prevailing Wages applicable to Street Projects obtained through the following link:
Director's General Prevailing Wage Determinations
https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm
Prevailing Wage Requirements
https://www.dir.ca.gov/public-works/prevailing-wage.html
123
Appendix B
FEDERAL PREVAILING WAGE
Davis Bacon Federal Wages
Selecting DBA Wage Determinations
https://sam.gov/search/?index=dbra&page=1&pageSize=25&sort=- modifiedDate&sfm%5BsimpleSearch%5D%5BkeywordRadio%5D=ALL&sfm%5BsimpleSearch%5D%5B keywordEditorTextarea%5D=&sfm%5Bstatus%5D%5Bis_active%5D=true CA – Imperial
CA2
124
APPENDIX C
CONSTRUCTION PROJECT PLANS
125
APPENDIX D
LAPM 9-I: DBE Confirmation
C.4.
City Council
STAFF REPORT
Document ID: 2026-192
Category: Action Item
Department: Police
Department Head: Aaron Reel, Police Chief
Meeting Date: May 20, 2026
SUBJECT:
APPROVAL TO PURCHASE TWO 2026 FORD F-150 POLICE RESPONDERS BACKGROUND:
The Imperial Police Department is requesting to purchase two 2026 Ford F-150 Police Responders from San Tan Ford in Gilbert, AZ. These vehicles will replace unit #435 and the Departmen't Nissan Sentra, which were surplussed and donated through council approval. Both vehicles are in stock and ready to ship. The combined price of these vehicles is $110,146.08 which is pricing through GSA, this not requiring a bid process.
The quote for these vehicles have been attached for review. Due to fluctuating costs a 10 percent contingency will be added to the total which will amount to $121,160.69.
FISCAL IMPACT:
Not to exceed $121,160.69 from the vehicle replacement fund.
REQUESTED ACTION:
Approve the purchase of two (2) 2026 Ford F-150 Police Responders.
CITY MANAGER RECOMMENDATION:
Attachments:
1. F-150 Quote
C.4.
C.5.
City Council
STAFF REPORT
Document ID: 2026-195
Category: Agreement/Contract
Department: Parks & Recreation
Department Head: Anthony Lopez, Parks & Recreation Director Meeting Date: May 20, 2026
SUBJECT:
PROPOSAL FROM NICKLAUS ENGINEERING, INC. FOR DESIGN AND
ENGINEERING SERVICES - KITCHEN INCUBATOR PROJECT
BACKGROUND:
The city is advancing the Kitchen Incubator Project, an initiative intended to support local entrepreneurs, expand economic development opportunities, and activate underutilized space at the project site.Nicklaus Engineering Inc. is currently under contract as one of the City’s on-call engineering firms. As part of their existing scope, NEI is conducting an asbestos and lead assessment for the project site. Their ongoing work has given them direct familiarity with site conditions, project objectives, and anticipated construction needs.
Staff has received a proposal from Nicklaus Engineering Inc. for design and engineering services to prepare the Kitchen Incubator Project for construction.Because NEI is already performing environmental assessments at the site, it has current, projectspecific knowledge that positions it well to efficiently transition into the design and engineering component. This continuity reduces onboarding time, minimizes duplication of effort, and supports a more streamlined project timeline.
The design and engineering phase is critical to ensuring that, when the project is released for public bidding, the city has a complete, accurate, and build-ready set of plans and specifications. These documents form the foundation of the construction bid package and are essential for cost control, contractor clarity, and regulatory compliance.
See attachment.
FISCAL IMPACT:
$67,897.00
Account# 54-831-5210
U.S. Small Business Administration Funds (SBA)
C.5.
REQUESTED ACTION:
Authorize the City Manager to execute an agreement with Nicklaus Engineering Inc. (NEI) for design and engineering services related to the Kitchen Incubator Project in the amount of $67,897.00
CITY MANAGER RECOMMENDATION:
Attachments:
1. Imperial Kitchen Incubator_Fee Proposal
RESULTS:
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May 4, 2026 Proposal Number: 026-039
Jenell Guerrero, MPA, Interim Public Services Director
City of Imperial
420 S. Imperial Ave
Imperial, CA 92251
760-355-1153
[email protected]
Subject: A/E Services for Kitchen Incubator; 116 N. Imperial Ave., Imperial, CA 92251, Rev. #1
Dear Ms. Guerrero,
Nicklaus Engineering, Inc. (“Consultant”) appreciates the opportunity to submit this proposal to provide the subject services to City of Imperial (“Client”). This proposal has been prepared pursuant to the understanding of the scope below. This proposal is based upon our understanding of the requirements set forth in the Scope of Work meeting on March 28th. We have outlined a proposed scope of services, identified assumptions, and determined our fee based on our understanding of the project.
I. Scope of Work
Nicklaus Engineering shall perform A/E Design Services (the “Services”) as described herein and in conformance with the attached Terms and Conditions. It is our understanding that the City intends to convert its old post office building at 116 N. Imperial Ave. into a new Kitchen Incubator.
The existing building is approximately 1,700 sq. ft. and will house a commercial kitchen, janitor closet, bathrooms, and seating area as shown on the preliminary layout provided. The Scope of Work (“SOW”) is described as follows:
1. Construction Documents:
A. Architecture:
i. Conceptual Design – develop conceptual layouts for building, including kitchen workflow.
ii. Construction Documents – finalize plans for the construction documents to include plans, sections, details and schedules.
Complete the Construction Document package for submittal to Building Safety for Plan Review and permitting.
iii. Submittals will be provided at conceptual (architecture only), 30% (architecture only), 60%, and 100%.
iv. Cost Estimates will be provided at 60% and 100% stage.
B. Mechanical:
i. Design of HVAC systems including:
1. Air conditioning and heating.
2. Code required ventilation air.
3. Building makeup air.
4. General exhaust air.
5. Food service exhaust and makeup air. The food service consultant will select and specify all food service equipment
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including range hoods and associated exhaust and static pressure requirements.
6. Coordination of condensate piping for refrigeration equipment in walk-in cooler and freezer. All refrigeration equipment for walk-in cooler and freezer is specified by others.
7. Technical specifications.
C. Plumbing:
i. Design of plumbing systems including:
1. Domestic hot and cold water.
2. Sanitary drainage and venting.
3. Interior roof drainage.
4. Plumbing design will be based on fixture counts and safety showers/eyewash station locations (if applicable) as provided by others.
5. Utilities to food service equipment as designed by others. The food service consultant will select and specify all food service equipment.
6. Technical specifications.
D. Electrical:
i. Building and site lighting.
ii. Electrical power plan.
E. Structural:
i. Calculations and structural drawings for:
1. Supporting new kitchen equipment
2. Supporting new rooftop equipment
3. New rooftop guardrails due to the mechanical unit’s proximity to the roof edge.
F. Fire Protection performance-based design for deferred submittal:
i. Flow Test.
ii. Incoming riser pipe sizing and coordination.
iii. Performance based specifications.
G. Kitchen:
i. Preliminary space planning to establish an efficient working layout (up to 3 iterations)
ii. Provide equipment schedule and specifications for kitchen equipment iii. Combining health department application and submittal II. Compensation and Payment
As compensation for the performance of the Services, Nicklaus Engineering is proposing a professional fee of the stipulated sum of Sixty Seven Thousand Eight Hundred Ninety Six dollars ($67,896.00), as detailed in Attachment 1. Balances are due and billed on a percent complete basis and as the work progresses, with the cost of additional reproduction, filing fees, permitting costs, and other direct costs (ODCs) billed additionally or paid by others directly. Other services not specifically included in this proposal may be provided upon request by the Client at fees negotiated for those services or at the rates indicated in the attached Attachment 2, Nicklaus Engineering’s Standard Rate Schedule. Additional reimbursable expenses for reproduction, travel, express and messenger deliveries, computer-deliverable plots, and all ODCs will be billed
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on a cost-plus 15% markup basis. Nicklaus Engineering will not perform any services or other work, or receive payment for any task, not explicitly authorized in writing.
III. Stipulations/Comments
The Design Team has made some assumptions, clarifications, and exclusions to the scope of work. If for some reason there is work that should have been included, please let us know and we can make the necessary adjustments to our fee proposal.
1. This fee proposal includes the fees for Architecture, Structural, Mechanical, Electrical, Plumbing, Kitchen Consultant and Fire Basis of Design. The fee does not include a fee for Civil, Geotechnical, Environmental, Landscape or specialty consultants.
2. The project will be designed by Nicklaus using Building Information Modeling (BIM) software with Autodesk Revit® as the platform. The BIM deliverable will be no greater than Level Of Development (LOD) 300 as defined in AIA Document G202.
The Revit® model is only inclusive of those systems designed by Nicklaus. The Revit® model will not include Owner/vendor-provided and installed systems requiring coordination by the installing contractors. The Revit® model is intended for internal coordination among the design team. It is understood the model is not intended to be an exact and complete three-dimensional representation of how the Contractor will route and locate utilities and equipment. Modeling of the existing conditions will be limited to the extent required to produce specifications and 2D contract documents.
3. Documents prepared by the Engineer will be prepared based upon reasonable assumptions derived from existing information provided by the Owner and from limited observation of accessible and visible existing conditions by the Engineer without the benefit of extensive field measurements and investigation prohibited by expense and inconvenience to the Owner. It is understood and agreed that unforeseen conditions uncovered during the progress of the project may require changes in the project, resulting in additional cost and delay.
4. Mechanical/Plumbing assumptions: The food service consultant shall be responsible for selection of all food service equipment and will provide detailed cut sheets, specifications, and coordination drawings of equipment locations and utility connections required. Nicklaus will reference the food service consultant’s detailed food service drawings on the plumbing drawings for use by the contractors in coordinating locations, heights, and devices required for all equipment. Guardrails, ladders, stairs, platforms, or other components for supporting and accessing mechanical equipment will be designed and coordinated by others and will be part of the General Contractor’s scope of work. Fire Protection design of any kind is the responsibility of others and is excluded from this proposal, only a basis of design is provided. Sanitary sewer, storm water drainage, natural gas (if applicable), domestic water service, and fire protection water service with adequate capacity will be available 5’-0” outside of the building. Site utility beyond 5’-0” of the building perimeter, including sanitary sewer, storm water drainage, natural gas (if applicable), domestic water service, and fire protection water service shall be the responsibility of others.
5. Civil is excluded: Developing any site plan or addressing any civil related comments from plan review are excluded. It is anticipated that the existing utilities are adequate for the new use, so no replacement or installation of new lines is included. It is anticipated that existing utility information and location will be provided by the City for incorporation into the set. The following are also excluded: Traffic control plan
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preparation; traffic impact studies or traffic engineering analysis; Offsite improvements; Special Use Permit processing or entitlement services; Right-of-way acquisition or property negotiations; construction staking; utility potholing, subsurface utility engineering (SUE), and private utility locating.
6. Electrical exclusions: fire alarm, intercom/PA system, security alarm/access control, surveillance, emergency power/generator, and alternative solar energy system, telecommunication design and any work not specifically listed in this scope. Roughins devices and conduit for Telephone Company and Cable equipment will be provided, but equipment and cabling design is not included.
7. Structural exclusions: To facilitate the site observations, we will need approximately a 48” wide strip of ceiling removed the entire building width. Additionally, a minimum 48” square opening in the ceiling along the front wall and back wall will be required. These openings will be necessary for observing the roof framing components, type of decking or sheathing, ledger to wall connection and whether the walls are positively attached to the roof diaphragm to resist seismic out of plane wall forces. It is noted that some items of concern, based on our previous experiences, are: 1) the lack of seismic shear resistance along the front entry wall, 2) wall to roof anchorage and 3)roof diaphragm capacity. Until the final structural evaluation report is complete, the scope of structural design for addressing building deficiencies is unknown and excluded from this proposal. Special inspections are excluded.
8. Kitchen exclusions: The drawings provided are not stamped by any engineer, nor do they include any architectural, structural or construction approvals. They are strictly to provide information to Architect, Engineer and General Contractors for reference only.
Attendance of pre-build meetings, construction management and ongoing jobsite supervision is not part of this agreement. Equipment pricing, procurement, delivery or installation is not a part of this agreement. Equipment specifications provided as a result of this agreement/service are not guaranteed. Consultant is not responsible for discrepancies that result from manufacturer variables such as availability, model number, utility requirements or factory claimed “exclusions” of local codes. Any changes made to details provided by this agreement (plumbing, electrical, mechanical or elevations) are to be approved by Consultant.
9. Securing of permits, variances, etc.; Plan Review, Development Fees and Permit Fees are excluded.
10. Material Testing is not included in the fee.
11. Life Cycle Analysis and LEED Certifications are excluded.
12. Coordination with utility companies is not included. The General Contractor will provide all utility company coordination during the construction phase. Fees required by the utility companies are not included in this proposal and shall be paid by other directly.
13. Furniture & Equipment: The design team will coordinate with the Owner on furniture & equipment. Furniture systems and specialized equipment are excluded and shall be by the Owner. The design team will coordinate location requirements, and any necessary power/data requirements will be identified. A complete list of Ownerfurnished equipment will be provided to Nicklaus, along with utility connection locations, utility loads, heat dissipated to the space, disconnect requirements, startstop controls, and other contractor coordination issues, prior to 30% completion of construction documents.
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14. New building concepts after completion of 30% phase are excluded. Late modification to design plans may impact the design fees and will be considered additional services.
15. A complete list of owner-furnished equipment will be provided to Nicklaus, along with utility connection locations, utility loads, heat dissipated to the space, start-stop controls and other contractor coordination issues, prior to 30% completion of construction documents.
16. It is our understanding that this project delivery will be a standard Design-Bid-Build.
The project will be awarded as a single prime contract for construction. Phased design and/or issue of early documents are not required.
17. Site Assessment: This fee proposal does not include any environmental investigation of the site, including archeology surveys, studies, or reports; Endangered species reports or studies; historic surveys or environmental reports are excluded.
18. Lead or asbestos testing of the existing building is excluded.
19. Bidding Support and Construction Administration are excluded.
20. Electronic copies will be submitted to the Client at each submittal review and AHJ for plan review. The proposed fee does not include additional expenses for printing required for additional submittals or bidding documents.
21. The proposed fees do not include expenses for in-house printing required for bidding documents. These expenses will be billed as reimbursable expenses at our standard rate of 1.18 times the cost of the printing.
22. The proposed fees do not include the cost associated with travel, lodging or per diem outside the Yuma area for meetings and project coordination or any other required travel associated with our work on this project. Travel expenses will be billed as reimbursable expenses at our standard rate of 1.18 times the cost of the travel expense. Travel expenses will be reviewed and agreed upon with the client during the commencement of the project.
23. The proposed fees do not include any cost associated with mailing and shipping of NEI or consultant’s documents for the project. Mailing and shipping expenses will be billed as reimbursable expenses at our standard rate of 1.18 times the cost of the mailing and shipping.
24. Fees for Additional Services that are beyond the scope of the basic services agreed upon in the final agreement shall be calculated in whole or in part using the attached Rate Schedule “B” and Consultant’s Standard Rate Schedules.
If this proposal and the Term and Conditions are acceptable, please sign below and return to us as our Notice to Proceed. Nicklaus Engineering appreciates your confidence in our abilities, and we look forward to completing this project for City of Imperial. If we may be of any further service or answer any questions, please do not hesitate to contact us.
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IN WITNESS WHEREOF the parties hereto, Client and Consultant have signed this Agreement, inclusive of the attached Terms and Conditions, effective as of the day and year of the signature by Client below. Unless otherwise specified herein, Client’s signature below constitutes Nicklaus Engineering’s Notice to Proceed and Client’s acceptance of this proposal.
Nicklaus Engineering City of Imperial
Signature Signature
Name & Title (Typed or Printed) Name & Title (Typed or Printed)
Date of Signature Date of Signature
Page | 4
TERMS AND CONDITIONS
I. SCOPE
These Terms and Conditions are entered into between Client and Nicklaus Engineering, Inc., (“Consultant”) as stated in the proposal attached hereto (the “Proposal”). Consultant will perform the services (“Services”) set forth in the Proposal.
II. COMPENSATION
Consultant shall submit invoices to Client for Services properly performed, along with such supporting documentation as Client may require. Client may prescribe the format of such invoice.
Client agrees to pay for the Services properly performed in accordance with the Proposal. Progress payments may be billed monthly in proportion to the work properly performed. Client agrees that payment to Consultant will be made within 30 days (Net 30) from the date of a properly submitted invoice from the Consultant. Payment shall be made to:
Nicklaus Engineering
1851 W. 24th Street, Suite 201
Yuma, Arizona 85364
Attn: Nathan Downing
All retention held shall be paid within 30 calendar days of completion of all work proposed by Consultant.
Should the Client fail to make payment as specified herein, interest at the rate of 2% per month on any overdue balance shall accrue and be added to the billing. The Client shall be responsible for all collection costs, interest, and attorney’s fees required for Consultant to obtain proper payment. Consultant will not submit or release plans to the Client or reviewing agency unless the account is paid for work performed through the date of submittal.
III. STANDARD OF CARE; REPRESENTATIONS AND
WARRANTIES.
Consultant is employed to render a professional service (“Service”), and any payments made by Client are compensation solely for such Services rendered. Consultant shall perform the Services in accordance with generally accepted engineering or industry standards and practices in effect at the time the Services are rendered. Consultant represents and warrants to Client that Consultant: (a) has the full and legal right, power, authority, and capacity to enter into this Agreement and to perform its obligations herein; (b) holds and shall maintain all applicable licenses and permits to lawfully perform the Services; and (c) will perform the Services in compliance with all applicable laws, rules, and regulations.
RELIANCE UPON INFORMATION PROVIDED BY OTHERS.
If Consultant’s performance of Services hereunder requires Consultant to rely on information provided by Client or other parties with whom Client contracts, Client shall be responsible to Consultant to verify the validity, completeness, or accuracy of such information.
IV. ACTIVITIES REQUIRED OF CLIENT
Client shall appoint a representative who shall have complete authority to transmit instructions, receive information and interpret and define Client’s policies with respect to Consultant’s work to be performed, provided however, such representative shall not have the authority to modify or amend this Agreement.
Unless specifically included in the Proposal, Client agrees to perform or facilitate the performance of, the following, if applicable to the Services:
1. Provide access to the site, including coordination with any tenants for access to sampling locations.
2. Provide readily available information on past history and operations at the site.
3. Provide available and known information on the nature of contaminants found on the property, if any, including any analytical reports on soils or groundwater.
4. Provide information on locations of known underground tanks, pipes, and utilities for the site.
5. Execute regulatory paperwork required as part of the Services performed.
6. Arrange for disposal of contaminated materials, including drilling cuttings, groundwater, or soil.
7. Client agrees to provide all information required to file a preliminary lien notice at the request of Consultant.
8. The Client shall give Consultant written notice of all claims for back charges within 15 calendar days of occurrence, otherwise they will be regarded as fully waived by the Client.
V. INDEMNIFICATION
Client agrees to indemnify and hold harmless Consultant and its partners, directors, officers, employees, agents and members, as applicable, with respect to any and all claims, losses, damages, liabilities, judgments or settlements (including but not limited to reasonable attorneys’ fees, costs and other expenses) incurred by Consultant on account of any Professional Services
conducted by Consultant pursuant to this contract; provided, however, this indemnification shall not extend to cover any claims, losses, damages, liabilities, judgments or settlements (including attorneys’ fees, costs and other expenses) incurred by such indemnified persons on account of the negligence, willful misconduct, or fraud of Consultant (or its partners, directors, officers, employees, agents or members, as applicable).
VI. HAZARDOUS MATERIALS
Client acknowledges that Consultant may perform part of the Services at facilities that may contain pre-existing hazardous materials or pollution conditions (“Preexisting Conditions”), and Client releases Consultant from any liability that results from or is attributable to such Preexisting Conditions. Client further acknowledges that Consultant had no prior role in the generation, treatment, storage, or disposition of such materials or conditions.
The indemnification of Article V above shall apply to Preexisting Conditions.
Unless specifically included in the Proposal, it is understood and agreed that Consultant shall not be deemed to be, and is not responsible as a generator, operator, transporter, arranger or other “person” as described in Section 107(a) of the
Comprehensive Environmental Response, Compensation and
Liability Act of l980 (CERCLA), as amended, or Section 7002 of the Resource Conservation and Recovery Act (RCRA), or
applicable state or local laws. Rather, Consultant acts at the direction of Client solely as its agent to arrange for the transportation, treatment, or disposal of the contaminated materials generated from the applicable site(s).
VII. INSURANCE
Consultant shall maintain at least the following insurance coverages, unless otherwise agreed by Client in writing:
1. Commercial General Liability coverage on an occurrence basis with a per project aggregate with limits of not less than $1,000,000 per occurrence, $1,000,000 general aggregate.
2. Automobile Bodily Injury and Property Damage Liability coverage with a limit of not less than $500,000 per
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occurrence and covering owned, hired and non-owned
vehicles.
3. Statutory Workers’ Compensation and Employer’s Liability insurance as required by the state in which work is to be performed and including any applicable Federal Act
coverage.
4. Professional Liability (when applicable) insurance with a limit of not less than $1,000,000 per claim. Professional liability must not be limited to Bodily Injury and Property Damage liability.
Certificates of Insurance (COI) are available upon request. If Consultant utilizes the services of lower-tier subconsultants or subcontractors, Consultant shall ensure such lower-tier subconsultants and subcontractors meet the requirements set forth in this Article VII.
VIII. SUBCONTRACTING SERVICES
Consultant shall be entitled, only with the prior written authorization of Client, to subcontract any portion of the Services to be performed under this Agreement. Consultant shall promptly pay for all services, labor, materials, and equipment used or employed by any of its subcontractors in the performance of any Services that are permitted to be subcontracted and shall maintain all materials, equipment, structures, buildings, premises and property of Client and the Client free and clear of liens, encumbrances and claims, provided that Client has paid
Consultant in accordance with the terms of this Agreement.
Consultant shall, if requested, provide Client with reasonable evidence and a release of claim proving that all services, labor, materials, and equipment have been paid in full.
IX. ASSIGNMENT
Consultant may assign its contractual rights and obligations with respect to this Agreement only upon the prior written consent of Client, which may be withheld.
X. INTEGRATION; AMENDMENT
No prior oral or written understanding shall be of any force or effect with respect to those matters covered in the Agreement.
The Agreement may not be modified or altered except in writing signed by both parties. Any alteration or deviation from the proposed scope of work involving extra costs will be executed only upon written change orders.
XI. CHOICE OF LAW/JURISDICTION
This Agreement shall be administered and interpreted under the laws of the state in which the project is located. Jurisdiction of litigation arising from the Agreement shall be in that state.
XII. SEVERABILITY
If any part of the Agreement is found unenforceable under applicable laws, such part shall be inoperative, null and void insofar as it is in conflict with said laws, but the remainder of the Agreement shall be in full force and effect.
XIII. CONFIDENTIALITY
Consultant agrees it will maintain the confidentiality of material it receives or otherwise obtains from Client and will not disclose, distribute, or publish to any third party such confidential information without the prior permission of Client. Notwithstanding the foregoing, Consultant shall have no confidentiality obligation with respect to information that:
1. becomes generally available to the public other than as a result of disclosure by Consultant or its agents or employees;
2. was available to Consultant on a non-confidential basis prior to its disclosure by Client;
3. becomes available to Consultant from a third party who is not bound to retain such information in confidence.
In the event Consultant is compelled by subpoena, court order, or administrative order to disclose any confidential information, Consultant shall promptly notify Client and shall cooperate with Client prior to disclosure so that Client may take necessary actions to protect such confidential information from disclosure.
XIV. FORCE MAJEURE
Consultant shall not be responsible for delays – including but not limited to strikes, accidents, third party actions, acts of God, etc. – in performing that portion of the scope of Services if such delay results directly from causes beyond the reasonable control and contemplation of Consultant. Consultant must provide prompt notice of any such delay to Client and immediately take reasonable steps to mitigate the impact of any such delay and resume Consultant’s performance.
XV. NO BENEFIT FOR THIRD PARTIES
The Services to be performed by Consultant hereunder are intended solely for the benefit of Client, and no right nor benefit is conferred on, nor any contractual relationship intended or established with any other person or entity.
XVI. WORK PRODUCT
Consultant and Client recognize that the Services performed hereunder have been commissioned by Client and that any work product generated by Consultant is intended solely for Client’s benefit and use and may not be relied upon or reused by any other third party without Consultant’s prior written consent. By this assignment, Consultant’s work product will become the sole property of Client when Consultant has been compensated in accordance with the Agreement, and Consultant shall take any actions requested by Client to perfect such assignment.
Consultant may keep copies of all work product for its records.
Original documents, such as electronic files, tracings, plans, specifications, maps, basic survey notes, and sketches, charts, computations, reports, tests and other data prepared or obtained under the terms of this agreement are instruments of service and shall remain the property Consultant unless otherwise agreed to by both parties. Reproduction of drawings, specifications, and copies of other pertinent data will be made available to the Client upon request at Client’s expense
Unless specified otherwise herein, all excess materials or salvaged items shall become the property of Consultant.
XVII. SUSPENSION OF WORK
Services under this Agreement may be suspended as follows:
1. By Client. By written notice to Consultant, Client may suspend all or a portion of the Services under this
Agreement if unforeseen circumstances beyond Client’s
control make normal progress of the Services impracticable or if requested or required by the Client. Consultant shall be compensated for its reasonable expenses resulting from such suspension including mobilization and demobilization. If suspension is greater than 30 days, then Consultant shall have the right to terminate this Agreement in accordance with Article XVIII, Termination of Services.
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2. By Consultant. By written notice to Client, Consultant may suspend the performance of Services if (a) Consultant
reasonably determines that working conditions at the site (outside Consultant’s control) are unsafe, or in violation of applicable laws, or (b) in the event Client has not made timely payment after notice and a 15-day cure period.
XVIII. TERMINATION OF SERVICES
This Agreement may be terminated as follows:
1. By Client (a) for its convenience on 30 days’ notice to Consultant (or upon immediate notice if requested by or required by the Client, or upon the expiration or termination of the contract between Client and the Client), or (b) for cause, if Consultant breaches any term or condition of this Agreement through no fault of Client and Consultant does not cure, if in Client’s opinion capable of cure, such breach within 15 days after Client has given written notice of the alleged breach to Consultant.
2. By Consultant (a) for its convenience on 30 days’ notice to Client, or (b) for cause, if Client materially breaches this Agreement through no fault of Consultant and Client neither cures, if capable of cure, such material breach nor makes reasonable progress toward cure within 15 days after
Consultant has given written notice of the alleged breach to Client, or (c) upon five days’ notice if Services under this Agreement have been suspended by either Client or
Consultant in the aggregate for more than 30 days.
In the event of termination, Consultant shall perform such additional Services as is reasonably necessary for the orderly closing of the Services. Consultant shall be compensated for all Services properly performed prior to the effective date of termination, plus reasonable compensation for work required for the orderly closing of the Services. Consultant’s and Client’s obligations in Articles V, XIII, and XVI shall survive the expiration or termination of the Agreement.
I
Contracts/Data Gathering 2 2 2 870.00 $
Building Inspection & Assessment 6 6 100.00 $ 1,420.00 $ Concept Design 6 20 2,524.00 $
30% Schematic Design 1 8 38 4,555.00 $
60% Design Development 2 16 62 7,906.00 $
100% Construction Documents 2 28 78 200.00 $ 11,090.00 $ Technical Specs 32 $ 4,288.00
Revisions 1 6 12 200.00 $ 2,251.00 $
Cost Estimates 22 $ 2,948.00
Estimated Hours 8 126 0 0 218 0
Rate 215.00 $ 134.00 $ 122.00 $ 115.00 $ 86.00 $ 60.00 $ Amount $ 16,884.00 1,720.00 $ - $ - $ 18,748.00 $ - $ 500.00 $ 37,852.00 $ $ 37,852.00
II
Site Visit & Building Assessment 8 $ 1,720.00
Mechanical & Plumbing Design 2 67 $ 8,604.00
Estimated Hours 0 10 67 0 0 0 0
Rate 240.00 $ 215.00 $ 122.00 $ 115.00 $ 112.00 $ 86.00 $ Amount $ 2,150.00 - $ 8,174.00 $ - $ - $ - $ - $ 10,324.00 $ $ 10,324.00
III
Site Visit and Structrual Evaluation $ 1,400.00 1,400.00 $ 60% Design Development $ 2,800.00 2,800.00 $
100% Construction Documents $ 800.00 800.00 $
Estimated Hours 0 0 0 0 0 0
Rate 240.00 $ 215.00 $ 122.00 $ 115.00 $ 112.00 $ 86.00 $ Amount $ - - $ - $ - $ - $ - $ 5,000.00 $ 5,000.00 $
$ 5,000.00
IV
$ -
$ -
$ -
Estimated Hours 0 0 0 0 0 0
Rate 240.00 $ 215.00 $ 122.00 $ 115.00 $ 86.00 $ 220.00 $ Amount $ - - $ - $ - $ - $ - $ - $ - $
Subtotal Cost (A/E Basic) $ -
Civil Services (NOT INCLUDED)
DESCRIPTION OF WORK Principal Engineer Senior Engineer Engineering Associate Engineering Designer Engineering
Technician
Survey Crew and
Equipment (2-
Man)
Expenses/ Subs TOTAL
Architectural Services
Subtotal Cost (A/E Basic)
DESCRIPTION OF WORK Principal Engineer Senior Engineer Engineering Associate Engineering Designer Senior Engineering
Technician
Engineering
Technician Expenses/ Subs TOTAL
Mechanical/Plumbing Services
Subtotal Cost (A/E Basic)
Architectural
Technician Admin Expendables/ Subs
Estimated Man-Hours
Nicklaus Engineering, Inc.
Attachment 1 - FEE SCHEDULE
A&E Services for Imperial Kitchen Incubator
May 4, 2026
A/E SERVICES FEE SUMMARIZATION
DESCRIPTION OF WORK Senior Architect Project Architect Senior Architectural Designer Architectural Designer TOTAL
Subtotal Cost (A/E Basic)
Structural Services
DESCRIPTION OF WORK Principal Engineer Senior Engineer Engineering Associate Engineering Designer Senior Engineering
Technician
Engineering
Technician Expenses/ Subs TOTAL
N:\! Fee Proposals\2026\026-039 City of Imperial Incubator\Proposal\Revised\City of Imperial_Costs_4-13-26.xlsx
Architectural
Technician DESCRIPTION OF WORK Senior Architect Project Architect Admin Expendables/ Subs Senior Architectural Designer Architectural Designer TOTAL
V
Sub-consultant - Kitchen (15% Mark-Up) $ 8,625.00 8,625.00 $ Sub-consultant - Electrical (15% Mark-Up) $ 6,095.00 6,095.00 $ Estimated Hours 0 0 0 0 0 0
Rate 240.00 $ 215.00 $ 122.00 $ 115.00 $ 112.00 $ 86.00 $ Amount $ - - $ - $ - $ - $ - $ 14,720.00 $ 14,720.00 $
$ 14,720.00
I Architectural Services $ 37,852.00
II $ 10,324.00
III Structural Services $ 5,000.00
IV Civil Services (NOT INCLUDED) $ -
V Sub-consultants $ 14,720.00
$ 67,896.00
Engineering Designer Senior Engineering
Technician
Engineering
Technician Expendables/ Subs
Subtotal Cost (A/E Basic)
A/E DESIGN SERVICES FEE SUMMARIZATION
Mechanical/Plumbing Services
Total:
TOTAL
Sub-consultants
DESCRIPTION OF WORK Principal Engineer Senior Engineer Engineering Associate
N:\! Fee Proposals\2026\026-039 City of Imperial Incubator\Proposal\Revised\City of Imperial_Costs_4-13-26.xlsx