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may maintain an action in any court of competent jurisdiction to recover the penalties and amounts due pursuant to Labor Code Section 1775.
Section 1776 of the Labor Code requires each contractor and its subcontractors to keep accurate payroll records and make such available for inspection by persons and entities identified in that section, in the manner stated therein. Section 1776(g), places the responsibility for compliance with Section 1776 on the prime contractor.
Pursuant to Labor Code Section 1777.1, whenever any contractor or subcontractor performing a public works project is found by the Labor Commissioner to be in violation of Labor Code Section 1770, et seq. with the intent to defraud, except Section 1775, the contractor or subcontractor or any firm, corporation, partnership or association in which the contractor or subcontractor has a substantial interest shall be ineligible to bid on or to receive any public works contract for a period of not less than one year or more than three years. The period of debarment shall run from the date the determination of the violation is made by the Labor Commissioner.
Whenever any contractor or subcontractor performing a public works project pursuant to this chapter is found by the Labor Commission to be in willful violation of this chapter, except Section 1777.5, the contractor or subcontractor or any firm, corporation, partnership, or association in which the contractor or subcontractor has a substantial interest shall be ineligible to bid on or to receive any public works contract for a period up to three years for each second and subsequent violation occurring within three of a separate and previous willful violation of this chapter. These periods of debarment shall run from the date the determination of the violation is made by the Labor Commissioner.
A willful violation occurs when the contractor or subcontractor knew or reasonably should have known of his or her obligations under the public works law and deliberately fails or refuses to comply with its provisions.
7-15 TRAVEL AND SUBSISTENCE PAYMENTS
Each worker needed to execute the work must be paid travel and subsistence payments asdefined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8.
7-16 APPRENTICES
Attention is directed to the provisions in Sections 1777.5, 1777.6 and 1777.7 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him.
The Contractor and any subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 of the Labor Code in the employment of apprentices.
Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
Willful violations of Section 1777.5 will result in the Contractor, and the business entity under which the Contractor is doing business, being denied the right to bid on, or to receive, any public works contract for a period of up to one year for the first violation and for a period of up to three years for the second and subsequent violations commencing from the date the determination of noncompliance by the Administrator of Apprenticeship becomes an order of the California
City of McFarland
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Apprenticeship Council. In addition, if the Contractor violates Section 1777.5, he will forfeit as a civil penalty the sum of Fifty Dollars ($50.00) for each calendar day of noncompliance which shall be withheld from progress payments by City upon notice from the Department of Industrial Relations. (Labor Code Section 1777.7.)
In lieu of the penalty provided for above, the director may for a first time violation and with the concurrence of the joint apprenticeship committee, order the contractor or subcontractor to provide apprentice employment equivalent to the work hours that would have been provided for apprentices during the period of noncompliance.
7-17 WARRANTY OF TITLE
No materials, supplies, or equipment for the work under this contract shall be purchased subject to any chattel mortgage or under a conditional sale contract or other agreement by which an interest therein or any part thereof is retained by the seller or supplier. The Contractor warrants clear and good title to all materials, supplies, and equipment installed and incorporated in the work and agrees upon completion of all work to deliver the premises, together with all improvements and appurtenances constructed or placed thereon by him, to the City free from any claims, liens, encumbrances, or charges and further agrees that neither he nor any person, firm, or corporation furnishing any material or labor for any work covered by the contract shall have any right to a lien upon the premises or any improvement or appurtenance thereon, provided that this shall not preclude the Contractor from installing metering devices or other equipment of utility companies or of municipalities, the title of which is commonly retained by the utility company or the municipality. Nothing contained in this article, however, shall defeat or impair the right of such persons furnishing materials or labor under any bond given by the Contractor for their protection or any right under any law permitting such persons to look to funds due the Contractor in the hands of the City. The provisions of this article shall be inserted in all subcontracts and material contracts, and notices of its provision shall be given to all persons furnishing materials for the work when no formal contract is entered into for such materials.
7-18 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 the soil, or after payment has been made for materials delivered to the site of the work, or stored subject to or under the control of the City. All such materials shall become the property of the City upon being so attached or affixed or upon payment for materials delivered to the site of the work or stored subject to or under the control of the City.
Soil, stone, gravel, and other materials found at the site of the work and which conform to the plans and specifications for incorporation into the work may be used in the work. No other use shall be made of such materials except as may be otherwise described in the plans and specifications. 7-19 MUTUAL RESPONSIBILITY OF CONTRACTORS
Nothing in the contract shall be interpreted as granting to the Contractor exclusive occupancy of the site of the project. The Contractor must ascertain to his own satisfaction the scope of the project and the nature of any other contracts that have been or may be awarded by the City in the construction of the project, to the end that the Contractor may perform this contract in the light of such other contracts, if any.
City of McFarland
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The Contractor shall not cause any unnecessary hindrance or delay to any other contractor working on the project. If the performance of any contract for the project is likely to be interfered with by the simultaneous performance of some other contract or contracts, the City's Representative shall decide which contractor shall cease work temporarily and which contractor shall continue or whether the work under the contracts can be coordinated so that the contractors may proceed simultaneously. On all questions concerning conflicting interest of contractors performing related work, the decision of the City's Representative shall be binding upon all contractors concerned and the City, the Engineer/Architect, the City's Representative, and their consultants shall not be responsible for any damages suffered or extra costs incurred by the Contractor resulting directly or indirectly from the award or performance or attempted performance of any other contract or contracts on the project or caused by a decision or omission of the City's Representative respecting the order of precedence in the performance of the contracts.
If through acts of neglect on the part of the Contractor, any other contractor or any subcontractor shall suffer loss or damage on the work, the Contractor agrees to settle with such other contractor orsubcontractor by agreement or arbitration, if such other contractor or subcontractor will so settle.
If such other contractor or subcontractor shall assert any claim against the City, the Engineer/Architect, the City's Representative, or their consultants or any of their directors, officers, employees, or agents on account of any damage alleged to have been so sustained, the City shall notify the Contractor who shall hold harmless, indemnify, and defend the City, the Engineer/Architect, the City's Representative, and their consultants, and each of their directors, officers, employees, and agents against any such claim, including all attorneys' fees and any other costs incurred by the indemnified parties relative to any such claim. 7-20 TERMINATION FOR BREACH
If the Contractor refuses or fails to prosecute the work or any separable part thereof with such diligence as will ensure its completion within the time specified herein, or any extension thereof, or fails to complete such work within such time, or if the Contractor should be adjudged a bankrupt, or if he should make a general assignment for the benefit of his creditors, or if a receiver should be appointed on account of his insolvency, or if he files a petition to take advantage of any debtor's act, or if he or any of his subcontractors should violate any of the provisions of the contract, or if he should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to supply enough properly skilled workers or proper materials to complete the work in the time specified, or if he should fail to make prompt payment to subcontractors or for material or labor, or if he should persistently disregard laws, ordinances, or instructions given by the City or City's Representative, the City may, without prejudice to any other right or remedy, serve written notice upon the Contractor and his surety of his intention to terminate the contract, said notice to contain the reasons for such intention to terminate the contract, and unless within ten days after the service of such notice such violations shall cease and satisfactory arrangements for the corrections thereof be made, the contract shall upon the expiration of said ten days cease and terminate. In such case, the Contractor shall not be entitled to receive any further payment until the work is finished.
In the event of any such termination, the City shall immediately serve written notice thereof upon the surety and the Contractor, and the surety shall have the right to take over and perform the contract; provided, however, that if the surety within 15 days after the serving upon it of a notice of termination does not give the City written notice of its intention to take over and perform the contract or does not commence performance thereof within 30 days from the date of serving said notice, the City may take over the work and prosecute the same to completion, by contract or by any other method it may deem advisable, for the account and at the expense of the Contractor, and his surety shall be liable to the City for any excess cost or other damage occasioned the City thereby, and in such event the City may, without liability for so doing, take possession of and
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utilize in completing the work such materials, appliances, plants, and other property belonging to the Contractor that may be on the site of the work and be necessary therefor. For any portion of such work that the City elects to complete by furnishing its own employees, materials, tools, and equipment, the City shall be compensated for such in accordance with the schedule of compensation for force account work in the article on PAYMENT FOR CHANGES IN THE WORK.
If the unpaid balance of the contract price exceeds the direct and indirect costs of completing the work, including, but not limited to, all costs to City arising from professional services and attorneys' fees and all costs generated to insure or bond the work of substituted contractors or subcontractors utilized to complete the work, such excess shall be paid to Contractor. If such costs exceed the unpaid balance, Contractor shall pay the difference to City promptly upon demand; on failure of Contractor to pay, the Surety shall pay on demand by City. Any portion of such difference not paid by Contractor or surety within 30 days following the mailing of a demand for such costs by City shall earn interest at the rate of 10 percent per annum or the maximum rate authorized by California law, whichever is lower.
The foregoing provisions are in addition to and not in limitation of any other rights or remedies available to the City.
In the event a national emergency occurs, and public work being performed by contract is stopped, directly or indirectly, because of the freezing or diversion of materials, equipment or labor, as the result of an order or a proclamation of the President of the United States, or of an order of any federal authority, and the circumstances or conditions are such that it is impracticable within a reasonable time to proceed with a substantial portion of the work, then the City and the Contractor may, by written agreement, terminate said contract.
7-21 NOTICE AND SERVICE THEREOF
Any notice required or given under the contract shall be in writing, be dated, and signed by the party giving such notice or his duly authorized representative, and be served as follows:
If to the City, by personal delivery or by deposit in the United States mail.
If to the Contractor, by personal delivery to the Contractor or to his authorized representative at the site of the project or by deposit in the United States mail.
If to the surety or any other person, by personal delivery to said surety or other person or by deposit in the United States mail.
All mailed notices shall be in sealed envelopes, shall be sent by certified mail with postage prepaid, and shall be addressed to the addresses in the Contract Documents or such substitute addresses which a party designates in writing and serves as set forth herein.
7-22 PARTIAL INVALIDITY
If any provision of this contract is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
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7-23 ATTORNEYS' FEES
Should either party to the contract bring an arbitration or mediation proceeding or other action to enforce any provision of the contract, including an action pursuant to Public Contract Code Section 20104.4, the prevailing party shall be entitled to recover his reasonable attorneys' fees and costs in connection therewith. The term "prevail" as used in this section shall include any action at law, in equity, or pursuant to arbitration in which either party has been successful. 7-24 LANDS AND RIGHTS-OF-WAY
The lands and rights-of-way for the facility to be constructed will be provided by the City. The Contractor shall make his own arrangements and pay all expenses for additional area required by him outside the limits of the City's lands and rights-of-way.
Work in public right-of-way shall be done in accordance with the requirements of the permit issued by the public agency in whose right-of-way the work is located in addition to conforming to the plans and specifications. If a permit is not required, the work shall conform to the standards of the public agency involved in addition to conforming to the plans and specifications. 7-25 WAIVER OF RIGHTS
Except as otherwise specifically provided in the Contract Documents, no action or failure to act by the City, Engineer/Architect City's Representative, or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract Documents, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder. 7-26 TAXES
The Contractor shall pay all sales, consumer, use, and other taxes.
NOTICE OF TAXABLE POSSESSORY INTEREST - The terms of this document may result in the creation of a possessory interest. If such a possessory interest is vested in a private party to this document, the private party may be subjected to the payment of personal property taxes levied on such interest.
7-27 ASSIGNMENT OF ANTI-TRUST ACTIONS
In entering into a public works contract or 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 rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 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 parties.
In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 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, materials, or services by the
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bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. 7-28 PAYROLL RECORDS
It shall be the responsibility of the Contractor to maintain 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 employee in accordance with Labor Code Section 1776, and to ensure that each subcontractor also complies with all provisions of Labor Code Section 1776 and this contract provision.
All payroll records shall be certified as accurate by the applicable contractor or subcontractor or its agent having authority over such matters.
The Contractor shall ensure that all payroll records are available for inspection at theContractor's principal office during normal business hours and shall notify the City, in writing, of the place where all payroll records are located from time to time.
The Contractor shall furnish a copy of all payroll records, upon request, to employees or their authorized agents, to the City, to the Division of Labor Standards Enforcement, and to the Division of Apprenticeship Standards of the Department of Industrial Relations. The Contractor shall also furnish a copy of payroll records to the general public upon request provided the public request is made through the City, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement of the Department of Industrial Relations. In no event shall members of the general public be given access to payroll records at the Contractor's principal office.
Records made available to the general public in accordance with the prior paragraph shall be marked or obliterated in such a manner that the name and address of the Contractor and/or subcontractor and the name, address, and telephone number of all employees does not appear on the modified record.
The Contractor shall file a certified copy of any requested payroll records with the entity that requested such records within ten days of the date a written request for payroll records has been received.
Failure of the Contractor to comply with any provision of this article or Labor Code Section 1776 within ten days of the date a written request for compliance is received shall result in a forfeiture of $25 per calendar day or portion thereof, for each worker, until strict compliance is obtained.
Upon notification by the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement of the Department of Industrial Relations, the City shall withhold penalties under this article or Labor Code Section 1776 from the Contractor's payments then due. 7-29 RESOLUTION OF CLAIMS
All public works claims between the Contractor and City relating to this contract where the total claims of both parties are equal to or lessthan $375,000 shall be resolved in accordance with Public Contract Code Sections 20104 et seq., which are incorporated herein by reference. Where the total claim of the Contractor and City exceeds a total of $375,000, this section shall not apply.
City of McFarland
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SECTION 8 CONTRACTOR'S INSURANCE
8-1 GENERAL
The Contractor shall not commence or continue to perform any work unless he, at his own expense, has in full force and effect all required insurance. The Contractor shall not permit any subcontractor to perform work on this project unless all of the required insurance has been complied with by such subcontractor.
The types of insurance the Contractor shall obtain and maintain are Workers' Compensation and Employers' Liability Insurance, General and Automobile Liability Insurance, Builders' Risk "All Risk" or Installation Floater Insurance, and, if so determined by the City at the time of award of the contract, Earthquake and Tidal Wave Insurance, all as set forth herein.
Workers' Compensation and Employers' Liability Insurance and Liability Insurance shall be maintained in effect for the full guarantee period.
Insurers must be authorized to do business and have an agent for service of process in California and must have at least a "B+ VIII” rating in accordance with the most current Best's Rating Guide.
As evidence of specified insurance coverage, the Contractor shall provide certificates of insurance and endorsements on the forms provided as a part of the Contract Documents. No alteration or substitution of said forms will be allowed.
8-2 WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE Upon execution of the Agreement, the Contractor shall provide a certificate(s) of insurance certifying that he has obtained full Workers' Compensation Insurance coverage for no less than the statutory limits and Employers' Liability Insurance coverage in limits not less than the amounts set forth in the Special Provisions, for all persons whom he employs or may employ in carrying out the work under the contract. At the same time, the Contractor shall provide the insurance endorsement(s) on the forms provided as part of the Contract Documents. This insurance shall be in strict accordance with the requirements of the most current and applicable state Workers' Compensation Insurance laws.
8-3 GENERAL AND AUTOMOBILE LIABILITY INSURANCE
Upon execution of the Agreement, the Contractor shall provide a certificate(s) of insurance showing that he has Liability Insurance coverage in limits not less than the amounts set forth in the Special Provisions. At the same time, the Contractor shall provide the insurance endorsement(s) on the forms provided as a part of the Contract Documents.
Included in such insurance shall be a "Cross Liability" or "Severability of Interest" clause.
The Liability Insurance coverage shall include each of the following types of insurance or coverage for exposures, as applicable:
A. General Liability
(1) Commercial Form.
(2) Premises-Operations.
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(3) Explosion and Collapse Hazard.
(4) Underground Hazard.
(5) Products/Completed Operations.
(6) Blanket Contractual Insurance.
(7) Broad Form Property Damage
(8) Independent Contractors.
(9) Personal Injury and Advertising Injury
B. Automobile Liability
(1) Business Auto Form Including Loading and Unloading. (2) Owned.
(3) Hired.
(4) Non-Owned.
Included with the Certificate(s) of Insurance shall be endorsements which name as additional insureds the City, the Engineer/Architect, the City's Representative, and their consultants, and each of their directors, officers, and employees and state that the insurance afforded to these additional insuredsshall be primary insurance and if the additional insureds have other insurance which might be applicable to any loss, the amount of the insurance provided under this article on GENERAL AND AUTOMOBILE LIABILITY INSURANCE shall not be reduced or prorated by the existence of such other insurance.
8-4 BUILDERS' RISK "ALL RISK" OR INSTALLATION FLOATER INSURANCE Upon execution of the Agreement, the Contractor shall provide a certificate(s) of insurance showing that he has obtained for the period of the contract Builders' Risk "All Risk" completed value insurance coverage (including flood but excluding earthquake and tidal wave) upon the entire project which is the subject of the contract and including completed work and work in progress or an Installation Floater to cover machinery and equipment of all kinds during transit, installation, and testing at the City's premises. At the same time, the Contractor shall provide the insurance endorsement(s) on the forms provided as a part of the Contract Documents. Such insurance shall include as additional insureds: the City, the Engineer/Architect, the City's Representative, and their consultants, and each of their directors, officers, and employees, astheir interest may appear.
8-5 EARTHQUAKE AND TIDAL WAVE INSURANCE
The City may or may not require insurance to indemnify the City for any damage to the work caused by earthquake or tidal wave. Such determination will be made prior to award of the contract.
If the City determines to require such insurance, the bids will be compared and the contract awarded based on a total amount of bid which includes bid items for such insurance. If the City determines not to require such insurance, the bids will be compared and the contract awarded based on a total amount of bid which is adjusted to exclude the bid items for such insurance.
If the City determines to require the insurance, the Contractor shall provide upon execution ofthe Agreement a certificate(s) of insurance showing that he has obtained for the period of the contract completed value insurance coverage to indemnify the City for any damage to the work caused by earthquake or tidal wave. At the same time, the Contractor shall provide the insurance endorsement(s) on the forms provided as a part of the Contract Documents. Such insurance shall
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include as additional insureds: the Engineer/Architect the City's Representative, and their consultants, and each of their directors, officers, and employees, as their interest may appear. 8-6 CONTRACTOR'S LIABILITY NOT LIMITED BY INSURANCE
Nothing contained in these insurance requirements is to be construed as limiting the liability of the Contractor or the Contractor's insurers.
SECTION 9 ESTIMATES AND PAYMENTS
9-1 PAYMENT FOR CHANGES IN THE WORK
Changes in, additions to, or deductions from the work, including increases or decreases in the quantity of any item or portion of the work, shall be set forth in a written change order executed by the City and by the Contractor which shall specify:
The changes, additions, and deductions to be made.
The increase or decrease in compensation due the Contractor, if any.
Adjustment in the time of completion, if any.
Adjustment in the compensation due the Contractor shall be determined by one or more of the following methods in the order of precedence listed below:
Unit prices contained in the contract.
Mutually agreeable lump-sum or unit prices. If requested by the City's Representative, the Contractor shall furnish an itemized breakdown of the quantities and prices used in computing proposed lump-sum and unit prices.
Force account whereby the Contractor is compensated for furnishing labor, materials, tools, and equipment as follows:
Cost of labor plus 15 percent for workers directly engaged in the performance of the work. Cost of labor shall include actual wages paid including employer payments to or on behalf of the workers for health and welfare, pension, vacation, and similar purposes plus payments imposed on payroll amounts by state and federal laws plus subsistence and travel allowance payments to workers.
Cost of material plus 15 percent. Cost of material shall include sales tax, freight, and delivery charges. The City reserves the right to furnish such materials as he deems advisable and the Contractor shall not be paid the 15 percent markup on such materials.
For tools and equipment actually engaged in the performance ofthe work, rental rates plus 15 percent. The rental rates shall be those prevailing in the area where the work is performed. No rental charge shall be made for the use of tools or equipment having a replacement value of $500 or less.
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Subcontractor invoices to the Contractor plus 5 percent.
Subcontractor invoices shall be based on the above-described cost of labor plus 15 percent, cost of material plus 15 percent, and tool and equipment rental rates plus 15 percent.
No payment shall be made for any item not set forth above, including without limitation, Contractor's overhead, general administrative expense, supervision, or damages claimed for delay in prosecuting the remainder of the work.
For force account work, the Contractor shall submit to the City's Representative for his verification daily work sheets showing an itemized breakdown of labor, materials, tools, and equipment used in performing the work. No payment will be made for work not verified by the City's Representative.
9-2 PROGRESS PAYMENTS
The City shall, on or before the tenth day of each calendar month after actual construction work is started, cause an estimate in writing to be made by the City's Representative of the value of the work completed by the Contractor and of materials delivered on the ground at the site of the work or stored subject to or under the control of the City to the first of the month in which the estimate is made. In estimating such value, the City's Representative may take into consideration, along with other facts and conditions deemed by him to be proper, the ratio of the difficulty or cost of the work done to the probable difficulty or cost of the work remaining to be done. The City shall retain 10 percent of such estimated value as part security for the fulfillment of the contract by the Contractor, unless the Contractor has substituted equivalent securities as defined by Section 9-5 of these General Provisions, and shall by the end of each month in which the estimate is made pay to the Contractor the balance of such estimated value after deducting therefrom all previous payments and all sums to be kept or retained under the terms of the contract. 9-3 FINAL ESTIMATE AND PAYMENT
When the work has been substantially completed, the City's Representative will make a final estimate of the total amount of work done thereunder and the amount to be paid therefor under the terms of the contract. If the City finds the work has been substantially completed according to the contract, he shall accept the work, shall file a notice of completion, and shall pay the entire sum so found to be due after deducting therefrom all previous payments and all amounts to be retained under the provisions of the contract. All prior progress estimates and payments shall be subject to correction in the final estimate and payment. The final payment shall not be due and payable until the expiration of 40 days from the date of filing a notice of completion of the work by the City.
It is mutually agreed between the parties to the contract that no certificate given or paymentmade under the contract shall be conclusive evidence of performance of the contract and no payment shall be construed to be an acceptance of any defective work or improper materials. 9-4 CITY'S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKE APPLICATION
THEREOF
In addition to the amount which the City may retain under the above article on PROGRESS PAYMENTS, the City may withhold a sufficient amount or amounts from any payment otherwise due to the Contractor as in his judgment may be necessary to cover:
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Payments which may be past due and payable for properly filed claims against the Contractor or any subcontractors for labor or materials furnished in or about the performance of the work under this contract.
Estimated or actual costs for correcting defective work not remedied.
Amounts claimed by the City as forfeiture due to delay or other offsets.
The City may apply such withheld amount or amounts to the payment of such claims in his discretion. In so doing, the City shall be deemed the agent of the Contractor and any payments so made by the City shall be considered as a payment made under the contract by the City to the Contractor, and the City shall not be liable to the Contractor for such payment made in good faith.
Such payments may be made without prior judicial determination of the claim or claims. The City will render to the Contractor a proper account of such funds disbursed in behalf of the Contractor. 9-5 WITHHELD CONTRACT FUNDS
Pursuant to Public Contract Code Section 22300, equivalent securities may be substituted for monies withheld to ensure performance of the contract, except contracts for which there will be financing provided by the Farmers Home Administration of the United States Department of Agriculture pursuant to the Consolidated Farm and Rural Development Act (7 U.S.C. Sec. 1921 et seq.), or where federal regulations and/or policies do not allow such substitution. The City reserves the right to solely determine the adequacy of the securities being proposed by the Contractor and the value of those securities. The City shall also be entitled to charge an administrative fee, as determined by City in itssole discretion, forsubstituting equivalentsecurities for retention amounts. The City's decisions with respect to the administration of the provisions of Section 22300 shall be final and shall include, but not be limited to, determinations of what securities are equivalent, the value of the securities, the negotiability of the securities, the costs of administration and the determination of whether or not the administration should be accomplished by an independent agency or by the City. The City shall be entitled, at any time, to request the deposit of additional securities of a value designated by City, in City's sole discretion, to satisfy this requirement. If the City does not receive satisfactory securities within twelve (12) consecutive days of the date of the written request, City shall be entitled to withhold amounts due Contractor until securities of satisfactory value to City have been received. 9-6 REQUIRED RELEASES
The Contractor shall not be entitled to any payment specified in his Contract which is undisputed until such time as the Contractor has executed a release, in the following form, releasing the City from all claims relating to the work for which the Contractor is being paid. The release form contains space for the Contractor to claim any disputed amount and to designate the retention amount for each period associated with the release. Contractor hereby expressly agrees that failure on his part to designate any disputed amount or to designate the correct retention amount for each release period on the release form shall constitute an express waiver of the right of the Contractor to claim any disputed amount or any retention amount at any later date. The City shall have no obligation to pay the Contractor for any work done until the release form attached to these contract documents has been executed by the Contractor and submitted to the City.
City of McFarland
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RELEASE FORM
TO: THE CITY OF McFarland
NAME OF CONTRACTOR:
PROJECT DESCRIPTION:
PERIOD WORK PERFORMED:
The above-named Contractor hereby acknowledges payment in full for all compensation of whatever nature due the Contractor for all labor and materials furnished and for all work performed on the above-referenced project for the period specified above with the exception of contract retention amounts and disputed claims specifically shown below.
RETENTION AMOUNT FOR THIS PERIOD:
$
DISPUTED CLAIMS
DESCRIPTION OF CLAIM AMOUNT CLAIMED
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The Contractor further expressly waives and releases any claim the Contractor may have, of whatever type or nature, for the period specified which is not shown as a retention amount or a disputed claim on this form. This release and waiver has been made voluntarily by Contractor without any fraud, duress, or undue influence by any person or entity.
Contractor further certifies, warrants, and represents that all bills for labor, materials and work due subcontractors for the specified period have been paid in full and that the parties signing below on behalf of Contractor have express authority to execute this release.
DATED:
PRINT NAME OF CONTRACTOR
DESCRIBE ENTITY (Partnership,
Corporate, etc.)
By
By
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SPECIAL PROVISIONS
PART I - SUPPLEMENT TO GENERAL PROVISIONS
A. Definitions
Whenever the following terms occur in the contract documents, their meaning is as follows:
CITY
GOVERNING BODY
The Special Provisions - Part I,
City Of McFarland
401 W Kern Ave
McFarland, CA 93250
Public Works Department
401 W Kern Ave
McFarland, CA 93216
(661) 792-3091
Special Conditions. Modifications to general
requirements of the specifications.
The Special Provisions - Part II, Technical Specifications. Numbered section subjects are selected for indexing convenience only and do not
indicate division of work among trades or
subcontractors.
B. Terms
Command type sentences used in the contract documents refer to and are directed to the Contractor.
C. Authority for the Work
The drawings, specifications, and other contract documents for the work were approved on FEBRUARY 17, 2026.
D. Marking and Addressing Bid Envelope
Seal the bid in an envelope addressed to the City and marked:
City of McFarland
Attn: Padraic Castillo
401 W Kern Ave
McFarland, Ca 93250
Bid for Construction of City of McFarland
STREET REJUVENATION AND SLURRY SEAL - Various Locations
City of McFarland
STREET REJUVENATION AND SLURRY SEAL - Various Locations General Provisions - 42
E. Award of Contract or Rejection of Bids
Within a period of 30 calendar days after the opening of bids, the City will accept or reject the bids.
F. Time for Completion and Forfeiture Due to Delay
Work will be substantially completed within 30 CONSECUTIVE CALENDAR DAYS, from and after the date of award of the contract.
Forfeiture for each day completion is delayed beyond the time allowed will be at the rate of $250 per day.
City of McFarland
STREET REJUVENATION AND SLURRY SEAL - Various Locations General Provisions - 43
G. Amount of Liability Insurance
General Liability: Bodily Injury and Property Damage coverage shall be for not less than
$2,000,000 General Aggregate.
$1,000,000 Products/Completed Operations
Aggregate.
$1,000,000 Personal and Advertising
Injury.
$2,000,000 Each Occurrence.
OR
Bodily Injury and Property Damage coverage shall be in
a Combined Single Limit of not less than
$2,000,000 Each Occurrence and
Aggregate.
Automobile Liability: Bodily Injury coverage shall be for not less than $1,000,000 Each Person.
$2,000,000 Each Accident.
$2,000,000 Property Damage coverage
shall be for not less than
OR
$2,000,000 Bodily Injury and Property
Damage coverage shall be in a
Combined Single Limit of not
less than
Employers’ Liability: Bodily Injury coverage shall be for not less than $1,000,000 Each Accident.
$1,000,000 Each Disease-Policy Limit.
$1,000,000 Each Disease-Each Employee.
END OF SECTION
SPECIAL PROVISIONS
PART II - TECHNICAL SPECIFICATIONS
ASPHALT REJUVENATING AGENT RECLAMITE (CALIFORNIA)
PART 1 – GENERAL
A. Description
1. This work shall consist of furnishing all labor, material, and equipment necessary to perform all operations for the application of an asphalt rejuvenating agent to asphalt concrete surface courses. The rejuvenation of surface courses shall be by spray application of a cationic rejuvenating agent composed of petroleum oils and resins emulsified with water. All work shall be in accordance with the specifications, the applicable drawings, and subject to the terms and conditions of this contract.
B. Submittals
1. Submit shop drawings in accordance with the General Provisions.
2. Submit Independent Testing Laboratory Reports indicating material compliance with specified requirements of this specification.
C. Quality Assurance
1. Comply with Cal-Trans Standard Plans and Specifications and the California Manual on Uniform Traffic Control Devices.
2. Use workmen who are thoroughly trained and experienced in the work and who are completely familiar with the specified requirements and methods needed for proper performance of the work of this section.
3. Comply with applicable codes and regulations of governmental agencies having jurisdiction.
4. Rework any work not meeting the specified requirements, as determined by the City Engineer, at no additional cost to the City.
5. Pay for any testing required to show compliance with the specifications. The City will arrange for all tests.
PART 2 - MATERIAL
A. 1. Asphalt Rejuvenating Agent - The asphalt rejuvenating agent shall be composed of a petroleum resin oil base uniformly emulsified with water and shall conform to the following requirements:
Test Test Method Requirements
Viscosity, 77 degrees F AASHTO T 59 15-40 SFS
Residue Calif. Test 351 60% Min.
Tests on Residue
Viscosity, 140 deg. F AASHTO T 201 100-200 cSt
Asphaltenes Calif. Test 352 0.75% Max.
Miscibility Test1 AASHTO T 59 No Coagulation
Sieve Test2 AASHTO T 59 O.10% Max.
Particle Charge Test AASHTO T 59 Positive
1 Test procedure: AASHTO T 59 to be modified by 0.02 normal calcium chloride solution in place of distilled water.
2 Test procedure: AASHTO T 59 to be modified by using distilled water in place of 2 percent sodium oleate solution.
2. If the asphalt rejuvenating agent is used prior to the sampling and testing, as provided in Section 6-1.07, “Certificates of Compliance,” of the Standard Specifications, a Certificate of Compliance shall accompany each copy of the test report for each shipment to each job. In addition to the required signature of the vendor or his/her representative certifying compliance with job requirements, the certificate shall show the shipment number, type of material, refinery, consignee, destination, quantity, contract number or purchase order number and date of shipment. Asphalt rejuvenating agent furnished without a Certificate of Compliance shall not be used in the work.
3. Application of asphalt rejuvenating agent shall be on one-half width of the pavement at a time. When the second half of the surface is treated, the distributor nozzle nearest the center of the road shall overlap the previous application by at least one-half the width of the nozzle spray.
4. Before spreading, the asphalt rejuvenating agent shall be blended with water at the rate of two(2) parts rejuvenating agent to one(1) part water, by volume or as specified by the manufacturer. The combined mixture of asphalt rejuvenating agent and water shall be spread at the rate of 0.05 to 0.10 gallons per square yard, or as approved by the City Engineer.
5. Where more than one application is to be made, succeeding applications shall made as soon as penetration of the preceding application has been completed and approval is granted for additional applications by the Engineer.
B. 1. Sand - Sand shall be free of clay or organic material and shall be of such size that from 90% to 100% will pass a No. 4 sieve and not more than five percent will pass a No. 200 sieve.
PART 3 – EXECUTION
A. Surface Condition
1. Examine the areas and conditions under which work of this section will be performed. Sweep and remove any dried mud or heavy deposits of dirt and debris. Correct conditions detrimental to timely and proper completion of the work. Do not proceed until unsatisfactory conditions are corrected.
B. Traffic Control
1. Provide the City Engineer with a Traffic Control Plan at the pre-construction conference. Modify the plan, if necessary, and obtain his/her approval.
When, in the opinion of the City Engineer, traffic must be maintained at all times on a particular street, then the Contractor shall apply asphalt rejuvenating agent to one lane at a time. Traffic shall be maintained in the untreated lane until traffic may be switched to the completed lane.
2. The contractor shall be responsible for all traffic control and signs required to permit safe travel. The contractor shall notify the police, ambulance and fire departments as to the streets that are to be treated each day
3. Deliver written notices to each affected occupant of adjacent property not less than 48 hours prior to start of work. Post “No Parking, Tow Away Zone” signs on barricades 24 hours prior to start of work. Be responsible for maintaining traffic control, as shown on drawings, as the work progresses.
Exercise care to maintain the asphalt rejuvenating agent on the asphalt concrete and out of existing gutters, drive approaches, etc. Take care to avoid applying any asphalt rejuvenating agent beyond the limits of work.
4. If, in the opinion of the Engineer, proper signing is not being used, the Contractor shall stop all operations until safe signing and barricading is achieved.
5. Bring all discrepancies to the immediate attention of the City Engineer.
C. Placement
1. Application of Rejuvenating Agent:
Apply the rejuvenating agent to asphalt concrete pavement at the rate of 0.05 to
0.10 gallons per square yard, in accordance with the provisions for fog seal coat in Section 37, “Bituminous Seals,” of the Cal-Trans Standard Specifications and this Section. The City Engineer shall determine the final application rate.
Provide the City Engineer with a satisfactory test kit designed for field testing to accurately determine the optimum application rate. In most
cases, the newer the pavement, the higher the application rate will be. The asphalt rejuvenating agent shall not be applied unless the pavement temperature is at least 50º F and rising. The mixture shall not be applied during unsuitable weather.
2. Sand Cover:
a. After the rejuvenating agent is applied, wait for the rejuvenating agent to “break” to a dark black color (usually 20 to 60 minutes, depending on the temperature)
b. Apply sand to any rejuvenating agent that has failed to penetrate the surface with a truck mounted mechanical spreader that uniformly applies from 1 to 3 pounds of sand per square yard. The exact rate will be determined by the Field Services Superintendent.
c. Remove traffic control signs, barricades, etc., after all sand has been spread.
d. The contract price per ton for sand cover shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all work involved in applying and removing the sand when no longer needed. No adjustment in the unit price will be made for any increase or decrease. The provisions in Section 4-1.03 B, “Increased or Decreased Quantities,” shall not apply to the item of sand cover.
3. Sand Removal:
a. Three to seven days after sand is applied, as determined by the City Engineer completely broom off all sand, pick it up and dispose of it. d. Remove all traffic control signs, barricades, etc.
D. Method of Measurement
Asphalt rejuvenating agent will be measured by the square yard as provided for in the Contract Documents. The accepted quantities, measured as provided for above, will be paid for at the contract unit price for asphalt rejuvenating agent.
E. Basis of Payment
Asphalt rejuvenating agent shall be paid for per square yard for furnishing all materials, equipment, labor, rejuvenating agent, cleaning, curing, sanding, sand removal, and incidentals necessary to complete the work as specified.
END OF SECTION
City of McFarland
SPECIAL PROVISIONS
PART II – TECHNICAL SPECIFICATIONS
TYPE II SLURRY SEAL
PART 1 - GENERAL
Slurry seal shall be Type II slurry seal and consists of mixing asphaltic emulsion, aggregate, set‐ control additives and water. Materials, application and finishing operation of slurry seal shall conform to the Caltrans Standard Specifications Subsection 37‐3 "Slurry Seal and Micro‐ Surfacing", except 37‐3.04 "Payment”. Slurry seal shall be an application of the mixture on a surfacing or pavement at the locations as shown on the drawings, maps and as directed by the Engineer.
Where in the referred sections of the Caltrans Standard Specifications, the terms State and/or Engineer are used, their meaning shall be interpreted as the City Engineer, or through his designated agent, of the City of McFarland Public Works Department.
MATERIALS
The materials for slurry seal shall be finished and screenings compacted in accordance with the Caltrans Standard Specifications Subsection 37‐3.02 "Materials", except that the Subsection 37‐
3.02B "Asphaltic Emulsion" shall not apply.
A. Asphaltic Emulsion
Asphaltic emulsion shall be bituminous material and shall be quick‐setting type, Grade QS1h anionic or Grade CQS1h cationic, conforming to the Caltrans Standard Specifications Section 94 "Asphaltic Emulsions". The grade of asphaltic emulsion shall be at the option of the Contractor.
Requirements for Quick‐Setting Asphaltic Emulsion:
Properties AASHTO
Designation
Anionic QS1h Cationic CQS1h
Min Max Min Max
Test on Emulsions
Viscosity, SSF, @ 50°C, sec ‐ 15 90
Sieve Test, % ‐ ‐ 0.30 ‐ 0.30
Storage Stability, 1 day, % ‐ ‐ 1 1
Residue by Distillation, % ‐ 57 ‐ ‐
Particle Charge ‐ Negative Positive
Tests on Residue from Distillation Test
Penetration, 25°C T 49 40 90 40 90
60 60 Page 137 of 155
City of McFarland
If the result of the particle charge test is inconclusive, the asphaltic emulsion shall be tested for pH in conformance with the requirements in ASTM Designation E 70. Grade QSlh asphaltic emulsion shall have a minimum pH of 7.3. Grade CQS1h asphaltic emulsion shall have a maximum pH of 6.7.
B. Aggregate
Aggregate shall conform to the Type II or Type II aggregate in the Caltrans Standard Specifications Subsection 37‐3.02B(2). Aggregate shall contain no more than 3% moisture, free from vegetable matter and other deleterious substances. Aggregate shall be free of caked lumps and oversize particles.
Aggregate shall consist of hard, non‐plastic, rock‐crusher dust, except that 100 percent of any aggregate or combination of aggregates, larger than the No. 50 sieve size, used in the mixture shall be obtained by crushing rock. To ensure the material is totally crushed, 100% of the parent aggregate shall be at least 1 cm. Oversize rocks, dirt clods, etc., shall be cause to reject the entire load of rock dust.
Sieve Size 3
/8” No. 4 No. 8 No. 16 No. 30 No. 200
% Passing 100 94 ‐ 100 65 ‐ 90 40 – 70 25 ‐ 50 5 ‐ 15
MIXING DESIGN
The tests, mix design and proportioning of slurry seal shall conform to the Caltrans Standard Specifications Subsections 37‐3.01D(4) "Mix Design" and 37‐3.03B “Proportioning.” Accelerator, if needed, shall be Portland Cement, Type 1. Retarder, if needed, shall be Aluminum Sulfate. The amount included in the slurry mix will be determined in the mix design. The use of slag is not permitted. The latex additive shall be Ultra Pave 65K or an approved equal. 2½% latex shall be added at the emulsion plant after weighing the asphalt.
The mix shall be sufficiently stable so that premature breaking of the material in the spreader box does not occur. It shall be free of excess water and emulsion. Spraying of additional water into the spreader box will not be permitted.
A. Laboratory Testing
Mix design of slurry seal mixture shall conform to the requirements in accordance with the International Slurry Seal Association (ISSA) tests, including those for slurry seal consistency, wet stripping, compatibility, cohesion and wet track abrasion.
B. Certified Reports
The Contractor shall submit to the City a mix design reporting the values of the above tests. The mix design shall be performed on the exact materials to be used in the project. The test shall be performed by a laboratory experienced in performing the tests on slurry seals and not affiliated with the Contractor in any way.
A report for the mix design of slurry seal shall be submitted at least five (5) working days prior to the beginning of work. Work shall not begin until the mix design has been approved by the Engineer. If the Contractor changes sources of aggregate and/or oil, a report of new mix design shall be submitted.
Results of Gradation and Sand Equivalency tests of the stockpiled aggregate shall be submitted
City of McFarland
prior to the beginning of work.
APPLICATION OF SLURRY SEAL
A. Mixing and Spreading Equipment
Mixing and spreading slurry sealshall conform to the Caltrans Standard Specifications Subsection 37‐3.03C "Mixing and Spreading Equipment. (1) An additional mixer as a backup shall be available at the job site during the spreading operation except when continuous placement type mix‐ spreader trucks are used.
Slurry crew shall be composed, at a minimum, of a coordinator at the project site at all times, a competent quickset mixing man, a competent driver, two squeegee men, and sufficient laborers for any handwork and cleanup.
B. Spreading Slurry Seal
The slurry mixture shall be uniformly spread on the entire existing surfacing from gutter lip to gutter lip without spotting, re‐handling, ripples, waves, ash effect or otherwise shifting of the mixture. The application rate shall be no greater than 150 feet per minute.
Slurry seal shall be placed when the ambient air temperature is at least 50°F and rising. In the event of unsuitable weather conditions, a halt of all work will be ordered at the discretion of the Engineer. The working day(s) lost as a result of such an order shall be added to the time allowed for completion.
The Contractor shall protect all existing improvements within the construction sites from slurry seals including utilities frames and covers of manholes, vaults, and valve boxes, concrete curbs, and gutters.