Memorandum of Understanding between the City of Milpitas and IAFF Local 1699 (07/01/2024– 06/20/2027) 58 SECTION 41.00 - LIGHT DUTY
41.01 Members who are unable to perform the full scope of their assigned duties as a result of illness or injury shall be offered the opportunity for a temporary modified work assignment. Such assignment shall occur only with the written approval of a qualified medical doctor. The City may require the approval of the designated City physician.
41.02 Modified work assignments shall not be offered to employees who suffer from communicable diseases which could expose others in the workplace or to employees who have reached a permanent level of disability which will preclude that employee from returning to his or her regular assignment.
SECTION 42.00 - PARAMEDIC PROGRAM
This Section describes the first responder paramedic program in place in the City of Milpitas. If this City desires to implement a tertiary level transport component (e.g., AMR, S.T.A.R., Car concept) of the Santa Clara County EMS System, the City will notify the Local, and meet and confer concerning those subjects that are within the scope of representation.
42.01 Paramedic Incentive: Licensed paramedics accredited by the Milpitas Fire Department and the County of Santa Clara who are employed as Firefighter/Paramedics or Fire Engineer/Paramedics shall receive a 12% differential incentive pay. The City agrees to provide the 12% paramedic incentive pay to the 18 licensed and accredited paramedics who were hired as Firefighter/Paramedics or Fire Engineer/Paramedics if they remain licensed and accredited, and serve as Firefighter/Paramedics, Fire Engineer/Paramedics, or Fire Engineers (including through future promotions). The City is not required to provide the paramedic incentive to any other employees not employed as Firefighter/Paramedics or Fire Engineer/Paramedics. Firefighter/Paramedics or Fire Engineer/Paramedics that have a Hazardous Materials focus assignment shall not receive 6% Hazardous Materials incentive pay.
42.02 The City shall continue to provide continuing education benefits for all paramedic positions.
Memorandum of Understanding between the City of Milpitas and IAFF Local 1699 (07/01/2024– 06/20/2027) 59 FOR IAFF, LOCAL 1699:
APPROVED:
Fire Captain Gabriel Borland
President, IAFF Local 1699
APPROVED:
Fire Captain Jerrell Hardy
Vice President, IAFF Local 1699
FOR THE CITY:
APPROVED:
Ned Thomas
City Manager
APPROVED:
Kelli Parmley
Director, Human Resources
APPROVED:
Richard Bolanos, Partner
Liebert Cassidy Whitmore
Memorandum of Understanding between the City of Milpitas and IAFF Local 1699 (07/01/2024– 06/20/2027) 60 Appendix A-1: Salary Schedules
Adjusted Salary Schedule
Effective First Pay Period July 2024
Appendix A-2: Salary Schedules
Salary Schedule
Effective First Pay Period July 2024 (9%)
A B C D E
1 Fire Battalion Chief 158,882.62 222,435.72
2 Fire Battalion Chief - 40 Hour 158,882.62 222,435.72
3 Fire Captain 139,049.56 146,002.04 153,302.14 160,967.25 169,015.61 4 Fire Captain - 40 139,049.56 146,002.04 153,302.14 160,967.25 169,015.61 5 Fire Prevention Inspector 140,405.98 147,426.28 154,797.59 162,537.47 170,664.35 6 Fire Protection Engineer 140,405.98 147,426.28 154,797.59 162,537.47 170,664.35 7 Hazardous Materials Inspector 140,405.98 147,426.28 154,797.59 162,537.47 170,664.35 8 Fire Engineer/EMT 122,614.18 128,744.89 135,182.13 141,941.24 149,038.30 9 Fire Engineer/Paramedic 137,328.10 144,194.51 151,404.23 158,974.44 166,923.16 10 Firefighter/EMT Trainee - 40 101,007.14 - - - -
11 Entry Firefighter/EMT - 40 106,057.50 111,360.37
12 Entry Firefighter/EMT - 56 106,057.50 111,360.37
13 Firefighter/EMT 116,928.39 122,774.81 128,913.55 135,359.23 142,127.19 14 FF/Paramedic Trainee-56 113,128.00 - - - -
15 Entry Firefighter/Paramedic-40 118,784.40 124,723.62 16 Entry Firefighter/Paramedic-56 118,784.40 124,723.62 17 Firefighter/Paramedic 130,959.80 137,507.79 144,383.18 151,602.34 159,182.45 18 Entry Level Fire Inspector 91,585.52 96,164.80 100,973.04 106,021.69 111,322.77 19 FF/Paramedic Trainee - 40 113,128.00 - - - -
20 Fire Engineer/EMT - 40 122,614.18 128,744.89 135,182.13 141,941.24 149,038.30 21 Firefighter/EMT - 40 116,928.39 122,774.81 128,913.55 135,359.23 142,127.19 FY24-25 Effective 1st full period - 7/14/2024 9%
A B C D E
1 Fire Battalion Chief 173,182.06 - - - 242,454.93
2 Fire Battalion Chief - 40 Hour 173,182.06 - - - 242,454.93 3 Fire Captain 151,564.02 159,142.22 167,099.33 175,454.30 184,227.01 4 Fire Captain - 40 151,564.02 159,142.22 167,099.33 175,454.30 184,227.01 5 Fire Prevention Inspector 153,042.52 160,694.65 168,729.37 177,165.84 186,024.14 6 Fire Protection Engineer 153,042.52 160,694.65 168,729.37 177,165.84 186,024.14 7 Hazardous Materials Inspector 153,042.52 160,694.65 168,729.37 177,165.84 186,024.14 8 Fire Engineer/EMT 133,649.46 140,331.93 147,348.52 154,715.95 162,451.75 9 Fire Engineer/Paramedic 149,687.63 157,172.02 165,030.61 173,282.14 181,946.24 10 Firefighter/EMT Trainee - 40 110,097.78 - - - -
11 Entry Firefighter/EMT - 40 115,602.67 121,382.81 - - - 12 Entry Firefighter/EMT - 56 115,602.67 121,382.81 - - - 13 Firefighter/EMT 127,451.95 133,824.54 140,515.77 147,541.56 154,918.64 14 Firefighter/Paramedic Trainee 123,309.52 - - - -
15 Entry Firefighter/Paramedic-40 129,474.99 135,948.74 - - - 16 Entry Firefighter/Paramedic-56 129,474.99 135,948.74 - - - 17 Firefighter/Paramedic 142,746.18 149,883.49 157,377.67 165,246.55 173,508.87 18 Entry Level Fire Inspector 99,828.22 104,819.63 110,060.61 115,563.64 121,341.82 19 FF/Paramedic Trainee - 40 123,309.52 - - - -
20 Fire Engineer/EMT - 40 133,649.46 140,331.93 147,348.52 154,715.95 162,451.75 21 Firefighter/EMT - 40 127,451.95 133,824.54 140,515.77 147,541.56 154,918.64
Memorandum of Understanding between the City of Milpitas and IAFF Local 1699 (07/01/2024– 06/20/2027) 61 Appendix A-3: Salary Schedules
Salary Schedule
Effective First Pay Period July 2025 (5%)
Appendix A-4: Salary Schedules
Salary Schedule
Effective First Pay Period July 2026 (4%)
Note: The City and the Union agree to strike the Entry Level Fire Inspector classification from the current list of classifications on record in Human Resources and in the Salary Schedule FY25-26 Effective 1st full period 5%
A B C D E
1 Fire Battalion Chief 181,841.16 - - - 254,577.68
2 Fire Battalion Chief - 40 Hour 181,841.16 - - - 254,577.68 3 Fire Captain 159,142.22 167,099.33 175,454.30 184,227.02 193,438.36 4 Fire Captain - 40 159,142.22 167,099.33 175,454.30 184,227.02 193,438.36 5 Fire Prevention Inspector 160,694.65 168,729.38 177,165.84 186,024.13 195,325.35 6 Fire Protection Engineer 160,694.65 168,729.38 177,165.84 186,024.13 195,325.35 7 Hazardous Materials Inspector 160,694.65 168,729.38 177,165.84 186,024.13 195,325.35 8 Fire Engineer/EMT 140,331.93 147,348.53 154,715.95 162,451.75 170,574.34 9 Fire Engineer/Paramedic 157,172.01 165,030.62 173,282.14 181,946.25 191,043.55 10 Firefighter/EMT Trainee - 40 115,602.67 - - - -
11 Entry Firefighter/EMT - 40 121,382.80 127,451.95 - - - 12 Entry Firefighter/EMT - 56 121,382.80 127,451.95 - - - 13 Firefighter/EMT 133,824.55 140,515.77 147,541.56 154,918.64 162,664.57 14 Firefighter/Paramedic Trainee 129,475.00 - - - -
15 Entry Firefighter/Paramedic-40 135,948.74 142,746.18 - - - 16 Entry Firefighter/Paramedic-56 135,948.74 142,746.18 - - - 17 Firefighter/Paramedic 149,883.49 157,377.66 165,246.55 173,508.88 182,184.31 18 Entry Level Fire Inspector 104,819.63 110,060.61 115,563.64 121,341.82 127,408.91 19 FF/Paramedic Trainee - 40 129,475.00 - - - -
20 Fire Engineer/EMT - 40 140,331.93 147,348.53 154,715.95 162,451.75 170,574.34 21 Firefighter/EMT - 40 133,824.55 140,515.77 147,541.56 154,918.64 162,664.57 FY26-27 Effective 1st full period 4%
A B C D E
1 Fire Battalion Chief 189,114.81 - - - 264,760.79
2 Fire Battalion Chief - 40 Hour 189,114.81 - - - 264,760.79 3 Fire Captain 165,507.91 173,783.30 182,472.47 191,596.10 201,175.89 4 Fire Captain - 40 165,507.91 173,783.30 182,472.47 191,596.10 201,175.89 5 Fire Prevention Inspector 167,122.44 175,478.56 184,252.47 193,465.10 203,138.36 6 Fire Protection Engineer 167,122.44 175,478.56 184,252.47 193,465.10 203,138.36 7 Hazardous Materials Inspector 167,122.44 175,478.56 184,252.47 193,465.10 203,138.36 8 Fire Engineer/EMT 145,945.21 153,242.47 160,904.59 168,949.82 177,397.31 9 Fire Engineer/Paramedic 163,458.89 171,631.84 180,213.43 189,224.10 198,685.29 10 Firefighter/EMT Trainee - 40 120,226.78 - - - -
11 Entry Firefighter/EMT - 40 126,238.11 132,550.03 - - - 12 Entry Firefighter/EMT - 56 126,238.11 132,550.03 - - - 13 Firefighter/EMT 139,177.53 146,136.40 153,443.22 161,115.39 169,171.15 14 Firefighter/Paramedic Trainee 134,654.00 - - - -
15 Entry Firefighter/Paramedic-40 141,386.69 148,456.03 - - - 16 Entry Firefighter/Paramedic-56 141,386.69 148,456.03 - - - 17 Firefighter/Paramedic 155,878.83 163,672.77 171,856.41 180,449.24 189,471.68 18 Entry Level Fire Inspector 109,012.42 114,463.03 120,186.19 126,195.49 132,505.27 19 FF/Paramedic Trainee - 40 134,654.00 - - - -
20 Fire Engineer/EMT - 40 145,945.21 153,242.47 160,904.59 168,949.82 177,397.31 21 Firefighter/EMT - 40 139,177.53 146,136.40 153,443.22 161,115.39 169,171.15
Step A Step B Step C Step D Step E
Classification Union Code Occ Code Pay Grade Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual Accountant 50 2101 500 51.81 4,144.60 107,759.60 54.40 4,351.80 113,146.80 57.11 4,568.50 118,781.00 59.98 4,798.00 124,748.00 62.96 5,037.03 130,962.78 Accounting Technician I 50 6104 513 33.74 2,699.17 70,178.42 35.43 2,834.16 73,688.16 37.20 2,975.87 77,372.62 39.06 3,124.66 81,241.16 41.01 3,280.90 85,303.40 Accounting Technician II 50 6105 514 37.11 2,969.08 77,196.08 38.97 3,117.58 81,057.08 40.92 3,273.45 85,109.70 42.96 3,437.16 89,366.16 45.11 3,608.94 93,832.44 Administrative Analyst I 80 2102 801 43.28 3,462.67 90,029.42 - - - - - - - - - 56.98 4,558.39 118,518.14 Administrative Analyst II 80 2103 802 47.80 3,824.11 99,426.86 - - - - - - - - - 62.92 5,033.41 130,868.66 Administrative Assistant 80 6111 828 41.29 3,303.48 85,890.48 43.36 3,468.65 90,184.90 45.53 3,642.10 94,694.60 47.80 3,824.18 99,428.68 50.19 4,015.38 104,399.88 Assistant Chief of Police 60 1405 649 111.24 8,899.18 231,378.68 - - - - - - - - - 155.74 12,458.85 323,930.10 Assistant City Attorney 60 1113 645 80.82 6,465.24 168,096.24 - - - - - - - - - 109.40 8,751.75 227,545.50 Assistant City Manager 60 1104 666 101.41 8,112.63 210,928.38 - - - - - - - - - 141.97 11,357.69 295,299.94 Assistant Dir Recr & Comm Svcs 60 1121 659 69.20 5,535.95 143,934.70 - - - - - - - - - 96.88 7,750.33 201,508.58 Assistant Engineer 50 2201 502 56.13 4,490.60 116,755.60 58.94 4,715.12 122,593.12 61.89 4,950.86 128,722.36 64.98 5,198.44 135,159.44 68.23 5,458.39 141,918.14 Assistant Finance Director 60 1109 669 72.98 5,838.26 151,794.76 - - - - - - - - - 102.17 8,173.76 212,517.76 Assistant Fire Marshal 60 2501 632 81.30 6,503.96 169,102.96 - - - - - - - - - 113.82 9,105.56 236,744.56 Assistant Planner 50 2801 503 53.82 4,305.89 111,953.14 56.52 4,521.30 117,553.80 59.33 4,746.55 123,410.30 62.30 4,983.82 129,579.32 65.41 5,233.11 136,060.86 Assistant Pool Manager 70 5609 709 22.16 1,772.80 46,092.80 - - - - - - - - - 28.55 2,284.00 59,384.00 Assistant Water Operator 20 7212 221 46.16 3,462.27 90,019.02 48.47 3,635.40 94,520.40 50.90 3,817.16 99,246.16 53.44 4,008.00 104,208.00 56.11 4,208.43 109,419.18 Assistant Water Operator - 40 20 8611 226 46.43 3,714.73 96,582.98 48.76 3,900.66 101,417.16 51.20 4,095.86 106,492.36 53.77 4,301.48 111,838.48 56.46 4,516.46 117,427.96 Associate Civil Engineer 50 2202 504 64.55 5,164.16 134,268.16 67.78 5,422.40 140,982.40 71.17 5,693.53 148,031.78 74.73 5,978.21 155,433.46 78.46 6,277.14 163,205.64 Associate Planner 50 2802 505 61.89 4,950.99 128,725.74 64.99 5,199.21 135,179.46 68.24 5,459.44 141,945.44 71.65 5,731.70 149,024.20 75.23 6,018.18 156,472.68 Budget Manager 80 1115 839 63.09 5,047.51 131,235.26 - - - - - - - - - 83.05 6,643.99 172,743.74 Building & Housing Director 60 1802 658 88.20 7,055.63 183,446.38 - - - - - - - - - 123.47 9,877.89 256,825.14 Building Inspection Manager 80 3809 848 65.73 5,258.33 136,716.58 - - - - - - - - - 79.89 6,391.58 166,181.08 Building Inspector Apprentice 70 8610 770 28.00 2,240.00 58,240.00 - - - - - - - - - 35.00 2,800.00 72,800.00 Building Official 60 1804 676 77.58 6,206.24 161,362.24 - - - - - - - - - 108.61 8,688.74 225,907.24 Building Permit Technician 50 5801 508 41.10 3,288.12 85,491.12 43.16 3,452.88 89,774.88 45.33 3,626.11 94,278.86 47.58 3,806.73 98,974.98 49.96 3,996.87 103,918.62 Building/NP Inspector 50 3801 507 54.48 4,358.21 113,313.46 57.20 4,576.17 118,980.42 60.06 4,804.93 124,928.18 63.07 5,045.20 131,175.20 66.22 5,297.43 137,733.18 Business Systems Analyst/Dev 80 2119 853 57.70 4,615.99 120,015.74 - - - - - - - - - 75.95 6,076.05 157,977.30 Buyer 80 2106 803 42.89 3,431.28 89,213.28 - - - - - - - - - 56.46 4,516.63 117,432.38 CIP Manager 60 2211 642 67.02 5,361.33 139,394.58 - - - - - - - - - 93.83 7,506.45 195,167.70 Case Manager 50 5612 544 36.83 2,946.17 76,600.42 - - - - - - - - - 45.96 3,676.76 95,595.76 Chief Fire Enforcement Officer 60 1505 656 70.29 5,623.59 146,213.34 - - - - - - - - - 98.41 7,873.03 204,698.78 Chief of Police 60 1402 650 116.80 9,343.86 242,940.36 - - - - - - - - - 163.52 13,081.44 340,117.44 City Attorney 60 1112 644 99.96 7,997.00 207,922.00 - - - - - - - - - 124.95 9,996.27 259,903.02 City Clerk 60 1101 605 67.06 5,364.87 139,486.62 - - - - - - - - - 93.90 7,511.67 195,303.42 City Engineer 60 1201 606 78.23 6,258.32 162,716.32 - - - - - - - - - 109.52 8,761.65 227,802.90 City Manager 60 1102 697 134.13 10,730.77 279,000.02 - - - - - - - - - 134.13 10,730.77 279,000.02 Code Enforcement Officer 50 5804 515 47.63 3,810.70 99,078.20 50.02 4,001.29 104,033.54 52.53 4,202.20 109,257.20 55.15 4,412.30 114,719.80 57.91 4,632.76 120,451.76 Communications Dispatch Superv 40 6409 456 60.13 4,810.58 125,075.08 63.14 5,051.11 131,328.86 66.30 5,303.68 137,895.68 69.61 5,568.87 144,790.62 73.09 5,847.32 152,030.32 Communications Dispatcher 40 6408 455 52.06 4,165.18 108,294.68 54.67 4,373.42 113,708.92 57.40 4,592.08 119,394.08 60.27 4,821.64 125,362.64 63.28 5,062.73 131,630.98 Community Service Officer 40 6412 460 44.88 3,590.03 93,340.78 47.12 3,769.54 98,008.04 49.48 3,958.02 102,908.52 51.95 4,155.91 108,053.66 54.55 4,363.73 113,456.98 Councilmember 60 1107 699 20.87 417.40 10,852.40 - - - - - - - - - 20.87 417.40 10,852.40 Crime Analyst 80 2105 809 51.81 4,145.13 107,773.38 - - - - - - - - - 68.20 5,456.27 141,863.02 Cross Connection Specialist 20 8626 239 47.99 3,839.31 99,822.06 50.52 4,041.37 105,075.62 53.18 4,254.08 110,606.08 55.97 4,477.97 116,427.22 58.92 4,713.65 122,554.90 Customer Services Supervisor 80 2127 847 50.24 4,019.43 104,505.18 - - - - - - - - - 66.13 5,290.45 137,551.70 Deputy City Attorney 60 1114 646 63.14 5,050.96 131,324.96 - - - - - - - - - 87.52 7,001.35 182,035.10 Deputy City Clerk 80 6102 835 49.34 3,947.07 102,623.82 - - - - - - - - - 59.97 4,797.68 124,739.68 Deputy City Manager 60 1119 672 99.38 7,950.37 206,709.62 - - - - - - - - - 139.07 11,125.91 289,273.66 Deputy Director of IT 60 1123 679 80.31 6,424.82 167,045.32 - - - - - - - - - 102.85 8,227.82 213,923.32 Deputy Fire Chief 60 1504 633 102.44 8,195.58 213,085.08 - - - - - - - - - 143.42 11,473.81 298,319.06 Deputy Public Works Director 60 1207 654 78.23 6,258.32 162,716.32 - - - - - - - - - 109.52 8,761.65 227,802.90 Digital Media Specialist 80 2121 840 44.63 3,570.76 92,839.76 - - - - - - - - - 58.75 4,700.21 122,205.46 Dir of Recr & Community Svcs 60 1208 655 86.37 6,909.53 179,647.78 - - - - - - - - - 121.15 9,692.19 251,996.94 Econ Dev Dir & Strat Init 60 1206 653 86.37 6,909.53 179,647.78 - - - - - - - - - 121.15 9,692.19 251,996.94 Economic Development Coord 80 8623 852 54.45 4,355.63 113,246.38 - - - - - - - - - 67.51 5,400.93 140,424.18 Economic Development Spec 80 8606 850 51.85 4,147.86 107,844.36 - - - - - - - - - 62.59 5,006.89 130,179.14 Electrical/Building Inspector 50 3802 511 57.20 4,576.16 118,980.16 60.06 4,804.93 124,928.18 63.06 5,045.19 131,174.94 66.22 5,297.43 137,733.18 69.53 5,562.32 144,620.32 Emergency Services Coordinator 80 2502 836 57.28 4,582.72 119,150.72 - - - - - - - - - 75.39 6,031.47 156,818.22 Engineering Aide 50 3201 512 44.64 3,571.17 92,850.42 46.87 3,749.74 97,493.24 49.22 3,937.21 102,367.46 51.68 4,134.05 107,485.30 54.26 4,340.75 112,859.50 Engineering Permit Technician 50 2210 540 40.18 3,214.68 83,581.68 42.19 3,375.42 87,760.92 44.30 3,544.17 92,148.42 46.52 3,721.34 96,754.84 48.84 3,907.44 101,593.44 Entry Firefighter/EMT - 40 10 4512 115 55.58 4,446.26 115,602.68 58.36 4,668.57 121,382.80 - - - - - - - - - Entry Firefighter/EMT - 56 10 4510 112 39.70 4,446.26 115,602.68 41.68 4,668.57 121,382.80 - - - - - - - - - Entry Firefighter/Paramedic-40 10 4513 116 62.25 4,979.81 129,475.00 65.36 5,228.80 135,948.75 - - - - - - - - - Entry Firefighter/Paramedic-56 10 4511 113 44.46 4,979.81 129,475.00 46.69 5,228.80 135,948.75 - - - - - - - - - Entry Level Fire Inspector 10 3508 114 47.99 3,839.55 99,828.22 50.39 4,031.53 104,819.63 52.91 4,233.11 110,060.61 55.56 4,444.76 115,563.64 58.34 4,667.00 121,341.82 Envir & Regulatory Comply Spec 80 8624 851 55.34 4,426.88 115,098.88 - - - - - - - - - 72.84 5,827.05 151,503.30 Environmental Inspector 50 2213 553 57.20 4,576.16 118,980.16 60.06 4,804.96 124,928.96 63.07 5,045.21 131,175.46 66.22 5,297.46 137,733.96 69.53 5,562.32 144,620.32 Equip Maint Worker I - 40 20 8612 227 42.23 3,378.26 87,834.76 44.32 3,545.47 92,182.22 46.54 3,723.07 96,799.82 48.87 3,909.97 101,659.22 51.32 4,105.21 106,735.46 Equip Maint Worker II - 40 20 8613 228 46.43 3,714.73 96,582.98 48.76 3,900.66 101,417.16 51.20 4,095.86 106,492.36 53.77 4,301.48 111,838.48 56.46 4,516.46 117,427.96 Equip Maint Worker III - 40 20 8614 229 52.31 4,185.18 108,814.68 54.94 4,394.96 114,268.96 57.69 4,615.14 119,993.64 60.57 4,845.68 125,987.68 63.61 5,088.69 132,305.94 Equipment Maint. Worker I 20 7202 200 41.97 3,147.51 81,835.26 44.07 3,304.89 85,927.14 46.27 3,470.18 90,224.68 48.58 3,643.67 94,735.42 51.01 3,825.85 99,472.10 Equipment Maint. Worker II 20 7203 201 46.16 3,462.27 90,019.02 48.47 3,635.40 94,520.40 50.90 3,817.16 99,246.16 53.44 4,008.00 104,208.00 56.11 4,208.43 109,419.18 Equipment Maint. Worker III 20 7204 202 52.01 3,901.05 101,427.30 54.61 4,096.03 106,496.78 57.34 4,300.87 111,822.62 60.21 4,515.91 117,413.66 63.22 4,741.72 123,284.72 Executive Assistant 80 6117 812 45.42 3,633.30 94,465.80 47.69 3,815.00 99,190.00 50.07 4,005.74 104,149.24 52.58 4,206.02 109,356.52 55.20 4,416.32 114,824.32 FF/Paramedic Trainee - 40 10 4504 107 59.28 4,742.68 123,309.52 59.28 4,742.68 123,309.52 59.28 4,742.68 123,309.52 59.28 4,742.68 123,309.52 59.28 4,742.68 123,309.52 FF/Paramedic Trainee - 56 10 4514 155 42.35 4,742.68 123,309.52 42.35 4,742.68 123,309.52 42.35 4,742.68 123,309.52 42.35 4,742.68 123,309.52 42.35 4,742.68 123,309.52 Finance Director 60 1103 627 88.58 7,086.27 184,243.02 - - - - - - - - - 124.00 9,919.98 257,919.48 Finance Manager 60 1116 647 62.51 5,001.18 130,030.68 - - - - - - - - - 87.52 7,001.68 182,043.68 Financial Analyst I 80 2125 844 40.41 3,233.17 84,062.42 - - - - - - - - - 53.20 4,255.81 110,651.06 Exhibit B CITY OF MILPITAS
ALL JOB CLASSIFICATIONS/SALARY TABLE EFFECTIVE 07/14/2024 Printed 11/15/2024 1 of 3
Step A Step B Step C Step D Step E
Classification Union Code Occ Code Pay Grade Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual Financial Analyst II 80 2126 845 44.63 3,570.76 92,839.76 - - - - - - - - - 58.75 4,700.21 122,205.46 Fire Battalion Chief 10 2508 153 59.47 6,660.85 173,182.06 - - - - - - - - - 83.26 9,325.19 242,454.93 Fire Battalion Chief - 40 10 2509 154 83.26 6,660.85 173,182.06 - - - - - - - - - 116.56 9,325.19 242,454.93 Fire Captain 10 2504 100 52.05 5,829.39 151,564.02 54.65 6,120.86 159,142.22 57.38 6,426.90 167,099.33 60.25 6,748.25 175,454.30 63.26 7,085.66 184,227.01 Fire Captain - 40 10 2507 108 72.87 5,829.39 151,564.02 76.51 6,120.86 159,142.22 80.34 6,426.90 167,099.33 84.35 6,748.25 175,454.30 88.57 7,085.66 184,227.01 Fire Chief 60 1502 630 112.95 9,035.72 234,928.72 - - - - - - - - - 158.13 12,650.04 328,901.04 Fire Engineer/EMT 10 4501 102 45.90 5,140.37 133,649.46 48.19 5,397.39 140,331.93 50.60 5,667.26 147,348.52 53.13 5,950.62 154,715.95 55.79 6,248.15 162,451.75 Fire Engineer/EMT - 40 10 4515 156 64.25 5,140.37 133,649.46 67.47 5,397.39 140,331.93 70.84 5,667.26 147,348.52 74.38 5,950.62 154,715.95 78.10 6,248.15 162,451.75 Fire Engineer/Paramedic 10 4505 151 51.40 5,757.22 149,687.63 53.97 6,045.08 157,172.02 56.67 6,347.34 165,030.61 59.51 6,664.70 173,282.14 62.48 6,997.94 181,946.24 Fire Prevention Inspector 10 3501 106 73.58 5,886.26 153,042.52 77.26 6,180.57 160,694.65 81.12 6,489.60 168,729.37 85.18 6,814.08 177,165.84 89.43 7,154.78 186,024.14 Fire Protection Engineer 10 3507 110 73.58 5,886.26 153,042.52 77.26 6,180.57 160,694.65 81.12 6,489.60 168,729.37 85.18 6,814.08 177,165.84 89.43 7,154.78 186,024.14 Firefighter/EMT 10 4502 103 43.77 4,902.00 127,451.95 45.96 5,147.10 133,824.54 48.25 5,404.46 140,515.77 50.67 5,674.68 147,541.56 53.20 5,958.41 154,918.64 Firefighter/EMT - 40 10 4516 157 61.27 4,902.00 127,451.95 64.34 5,147.10 133,824.54 67.56 5,404.46 140,515.77 70.93 5,674.68 147,541.56 74.48 5,958.41 154,918.64 Firefighter/EMT Trainee - 40 10 4509 109 52.93 4,234.53 110,097.78 52.93 4,234.53 110,097.78 52.93 4,234.53 110,097.78 52.93 4,234.53 110,097.78 52.93 4,234.53 110,097.78 Firefighter/Paramedic 10 4503 104 49.02 5,490.24 142,746.18 51.47 5,764.75 149,883.49 54.04 6,052.99 157,377.67 56.75 6,355.64 165,246.55 59.58 6,673.42 173,508.87 Fitness Instructor 70 5620 713 35.00 2,800.00 72,800.00 - - - - - - - - - 75.00 6,000.00 156,000.00 Fleet Maint Worker I -40 20 8615 230 40.31 3,224.94 83,848.44 42.33 3,386.56 88,050.56 44.45 3,555.63 92,446.38 46.66 3,733.18 97,062.68 49.00 3,920.33 101,928.58 Fleet Maint Worker II - 40 20 8616 231 44.34 3,547.12 92,225.12 46.56 3,724.68 96,841.68 48.88 3,910.74 101,679.24 51.33 4,106.40 106,766.40 53.90 4,311.62 112,102.12 Fleet Maint Worker III -40 20 8617 232 51.00 4,079.81 106,075.06 53.55 4,283.98 111,383.48 56.22 4,497.70 116,940.20 59.03 4,722.03 122,772.78 61.99 4,959.14 128,937.64 Fleet Maintenance Worker I 20 7207 213 40.31 3,023.39 78,608.14 42.33 3,174.53 82,537.78 44.44 3,333.28 86,665.28 46.67 3,499.88 90,996.88 49.00 3,674.90 95,547.40 Fleet Maintenance Worker II 20 7208 214 44.34 3,325.74 86,469.24 46.56 3,491.99 90,791.74 48.89 3,666.62 95,332.12 51.33 3,849.97 100,099.22 53.90 4,042.39 105,102.14 Fleet Maintenance Worker III 20 7209 215 50.99 3,824.56 99,438.56 53.54 4,015.77 104,410.02 56.22 4,216.53 109,629.78 59.03 4,427.34 115,110.84 61.98 4,648.79 120,868.54 GIS Technician 50 2212 552 56.13 4,490.60 116,755.60 58.94 4,715.12 122,593.12 61.89 4,950.90 128,723.40 64.98 5,198.42 135,158.92 68.23 5,458.41 141,918.66 Hazardous Materials Inspector 10 3502 105 73.58 5,886.26 153,042.52 77.26 6,180.57 160,694.65 81.12 6,489.60 168,729.37 85.18 6,814.08 177,165.84 89.43 7,154.78 186,024.14 Housing Official 60 1120 673 72.98 5,838.26 151,794.76 - - - - - - - - - 102.17 8,173.76 212,517.76 Human Resources Analyst I 80 2124 843 43.28 3,462.67 90,029.42 - - - - - - - - - 56.98 4,558.39 118,518.14 Human Resources Analyst II 80 2123 842 47.80 3,824.11 99,426.86 - - - - - - - - - 62.92 5,033.41 130,868.66 Human Resources Assistant 80 2108 846 30.83 2,466.62 64,132.12 32.37 2,589.86 67,336.36 33.99 2,719.35 70,703.10 35.69 2,855.34 74,238.84 37.48 2,998.08 77,950.08 Human Resources Director 60 1105 613 88.08 7,046.40 183,206.40 - - - - - - - - - 123.31 9,864.99 256,489.74 Human Resources Manager 60 1209 677 67.22 5,377.53 139,815.78 - - - - - - - - - 94.11 7,528.53 195,741.78 Human Resources Technician 80 2107 816 37.40 2,991.70 77,784.20 39.27 3,141.93 81,690.18 41.23 3,298.33 85,756.58 43.30 3,463.89 90,061.14 45.46 3,636.63 94,552.38 I T Director 60 2113 624 86.92 6,953.71 180,796.46 - - - - - - - - - 121.69 9,735.17 253,114.42 I T Manager 80 2116 819 65.16 5,212.88 135,534.88 - - - - - - - - - 85.78 6,862.06 178,413.56 I T Technician 50 3101 542 44.66 3,572.89 92,895.14 46.89 3,751.52 97,539.52 49.24 3,939.05 102,415.30 51.70 4,136.01 107,536.26 54.29 4,342.83 112,913.58 Information Technology Analyst 80 2118 831 54.81 4,385.16 114,014.16 - - - - - - - - - 72.15 5,772.16 150,076.16 Junior Engineer 50 2203 519 51.03 4,082.33 106,140.58 53.58 4,286.46 111,447.96 56.26 4,500.79 117,020.54 59.07 4,725.82 122,871.32 62.03 4,962.12 129,015.12 Junior Planner 50 2804 520 46.20 3,696.12 96,099.12 48.51 3,880.95 100,904.70 50.94 4,074.97 105,949.22 53.48 4,278.78 111,248.28 56.16 4,492.67 116,809.42 Legal Assistant 60 1124 689 41.29 3,303.48 85,890.48 43.36 3,468.65 90,184.90 45.53 3,642.10 94,694.60 47.80 3,824.18 99,428.68 50.19 4,015.38 104,399.88 Lifeguard 70 5610 710 17.70 1,416.00 36,816.00 - - - - - - - - - 22.88 1,830.40 47,590.40 Maint Worker III - 40 20 8619 234 43.42 3,473.75 90,317.50 45.60 3,647.70 94,840.20 47.87 3,829.97 99,579.22 50.27 4,021.63 104,562.38 52.78 4,222.66 109,789.16 Maintenance Assistant 20 8625 238 26.48 2,118.21 55,073.46 27.73 2,218.58 57,683.08 29.03 2,322.41 60,382.66 30.40 2,432.30 63,239.80 31.83 2,546.52 66,209.52 Maintenance Custodian I 20 8101 203 30.93 2,319.75 60,313.50 32.48 2,435.74 63,329.24 34.10 2,557.55 66,496.30 35.81 2,685.43 69,821.18 37.60 2,819.70 73,312.20 Maintenance Custodian I - 40 20 8107 222 30.93 2,474.42 64,334.92 32.48 2,598.11 67,550.86 34.10 2,728.03 70,928.78 35.81 2,864.45 74,475.70 37.60 3,007.65 78,198.90 Maintenance Custodian II 20 8102 204 34.02 2,551.79 66,346.54 35.72 2,679.34 69,662.84 37.51 2,813.33 73,146.58 39.39 2,953.91 76,801.66 41.36 3,101.65 80,642.90 Maintenance Custodian II - 40 20 8108 223 34.02 2,721.90 70,769.40 35.72 2,857.93 74,306.18 37.51 3,000.87 78,022.62 39.39 3,150.86 81,922.36 41.36 3,308.46 86,019.96 Maintenance Custodian III 20 8103 205 39.13 2,934.49 76,296.74 41.08 3,081.20 80,111.20 43.14 3,235.26 84,116.76 45.29 3,397.04 88,323.04 47.56 3,566.93 92,740.18 Maintenance Custodian III - 40 20 8618 233 39.13 3,130.33 81,388.58 41.08 3,286.61 85,451.86 43.14 3,451.42 89,736.92 45.30 3,623.66 94,215.16 47.56 3,804.42 98,914.92 Maintenance Worker I 20 8202 206 34.02 2,551.79 66,346.54 35.72 2,679.34 69,662.84 37.51 2,813.33 73,146.58 39.39 2,953.99 76,803.74 41.36 3,101.65 80,642.90 Maintenance Worker I-40 20 8203 207 34.33 2,746.71 71,414.46 36.04 2,883.16 74,962.16 37.85 3,027.95 78,726.70 39.74 3,178.98 82,653.48 41.73 3,338.35 86,797.10 Maintenance Worker II 20 8204 208 37.43 2,806.93 72,980.18 39.30 2,947.26 76,628.76 41.26 3,094.59 80,459.34 43.32 3,249.35 84,483.10 45.49 3,411.82 88,707.32 Maintenance Worker II-40 20 8205 209 37.76 3,020.65 78,536.90 39.65 3,171.69 82,463.94 41.64 3,331.06 86,607.56 43.71 3,496.66 90,913.16 45.90 3,671.65 95,462.90 Maintenance Worker III 20 8206 210 43.04 3,227.92 83,925.92 45.19 3,389.33 88,122.58 47.45 3,558.80 92,528.80 49.82 3,736.74 97,155.24 52.31 3,923.60 102,013.60 Maintenance Worker/Seasonal 70 8207 760 19.88 1,590.40 41,350.40 - - - - - - - - - 24.85 1,988.00 51,688.00 Management Analyst 80 2128 854 57.38 4,590.78 119,360.28 - - - - - - - - - 80.36 6,428.51 167,141.26 Marketing Coordinator 50 5614 548 43.37 3,469.45 90,205.70 45.54 3,642.91 94,715.66 47.81 3,825.05 99,451.30 50.20 4,016.30 104,423.80 52.71 4,217.13 109,645.38 Mayor 60 1118 696 26.09 521.88 13,568.88 - - - - - - - - - 26.09 521.88 13,568.88 Office Assistant I 50 6108 516 29.34 2,347.19 61,026.94 30.81 2,464.53 64,077.78 32.35 2,587.78 67,282.28 33.96 2,717.13 70,645.38 35.66 2,852.99 74,177.74 Office Assistant II 50 6109 517 32.27 2,581.79 67,126.54 33.89 2,710.83 70,481.58 35.58 2,846.46 74,007.96 37.36 2,988.77 77,708.02 39.23 3,138.15 81,591.90 Office Specialist 50 6110 518 37.11 2,969.04 77,195.04 38.97 3,117.54 81,056.04 40.92 3,273.45 85,109.70 42.96 3,437.16 89,366.16 45.11 3,608.94 93,832.44 PW Division Mgr. - Eng. 60 1127 692 78.83 6,306.41 163,966.66 - - - - - - - - - 98.54 7,883.01 204,958.26 PW Division Mgr. - Opr. 60 1126 691 78.83 6,306.41 163,966.66 - - - - - - - - - 98.54 7,883.01 204,958.26 PW Division Mgr. - Utl. 60 1128 693 78.83 6,306.41 163,966.66 - - - - - - - - - 98.54 7,883.01 204,958.26 Patrol Officer 40 4401 404 55.67 4,453.29 115,785.54 58.45 4,675.95 121,574.70 61.37 4,909.71 127,652.46 64.44 5,155.21 134,035.46 67.66 5,412.94 140,736.44 Patrol Officer Trainee 40 4402 458 54.47 4,357.65 113,298.90 57.19 4,575.45 118,961.70 60.05 4,804.28 124,911.28 63.06 5,044.46 131,155.96 66.21 5,296.63 137,712.38 Payroll Specialist 50 5102 546 39.64 3,171.01 82,446.26 41.62 3,329.57 86,568.82 43.70 3,496.03 90,896.78 45.89 3,670.86 95,442.36 48.18 3,854.33 100,212.58 Plan Check Engineer 50 3807 521 66.06 5,284.74 137,403.24 69.36 5,548.42 144,258.92 72.83 5,826.23 151,481.98 76.46 6,117.06 159,043.56 80.34 6,426.93 167,100.18 Plan Checker 50 3803 522 56.33 4,506.38 117,165.88 59.15 4,731.65 123,022.90 62.11 4,968.63 129,184.38 65.20 5,216.33 135,624.58 68.47 5,477.88 142,424.88 Plan Review Manager 60 1210 678 73.27 5,861.99 152,411.74 - - - - - - - - - 95.30 7,624.07 198,225.82 Planning Commissioners 70 1108 698 1.00 20.00 520.00 - - - - - - - - - 1.00 20.00 520.00 Planning Director 60 1803 607 88.20 7,055.63 183,446.38 - - - - - - - - - 123.47 9,877.89 256,825.14 Planning Manager 60 2803 602 67.22 5,377.53 139,815.78 - - - - - - - - - 94.11 7,528.53 195,741.78 Planning Technician 50 2813 554 41.10 3,288.12 85,491.12 43.16 3,452.88 89,774.88 45.33 3,626.11 94,278.86 47.58 3,806.73 98,974.98 49.96 3,996.87 103,918.62 Police Assistant 40 6401 450 52.89 4,231.59 110,021.34 55.54 4,443.12 115,521.12 58.32 4,665.26 121,296.76 61.23 4,898.56 127,362.56 64.29 5,143.49 133,730.74 Police Captain 60 1401 651 105.94 8,475.10 220,352.60 - - - - - - - - - 148.31 11,865.09 308,492.34 Police Clerk I 40 6402 451 37.91 3,033.15 78,861.90 39.81 3,184.83 82,805.58 41.80 3,344.05 86,945.30 43.89 3,511.26 91,292.76 46.08 3,686.75 95,855.50 Police Clerk II 40 6403 452 41.71 3,336.40 86,746.40 43.79 3,503.31 91,086.06 45.98 3,678.46 95,639.96 48.28 3,862.41 100,422.66 50.69 4,055.45 105,441.70 Police Clerk Supervisor 40 6404 454 48.17 3,853.62 100,194.12 50.58 4,046.34 105,204.84 53.11 4,248.60 110,463.60 55.76 4,461.06 115,987.56 58.55 4,684.09 121,786.34 Police Evidence Technician 40 8607 459 44.23 3,538.33 91,996.58 46.44 3,715.22 96,595.72 48.76 3,901.01 101,426.26 51.20 4,096.09 106,498.34 53.76 4,300.87 111,822.62 Exhibit B
CITY OF MILPITAS
ALL JOB CLASSIFICATIONS/SALARY TABLE EFFECTIVE 07/14/2024 Printed 11/15/2024 2 of 3
Step A Step B Step C Step D Step E
Classification Union Code Occ Code Pay Grade Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual Hourly BiWeekly Annual Police Lieutenant 40 2402 400 85.38 6,830.69 177,597.94 89.65 7,172.23 186,477.98 94.14 7,530.87 195,802.62 98.84 7,907.43 205,593.18 103.78 8,302.78 215,872.28 Police Officer 40 4403 403 60.87 4,869.70 126,612.20 63.92 5,113.27 132,945.02 67.11 5,368.91 139,591.66 70.47 5,637.30 146,569.80 73.99 5,919.24 153,900.24 Police Officer Trainee 40 4404 457 59.56 4,765.12 123,893.12 62.54 5,003.43 130,089.18 65.67 5,253.65 136,594.90 68.95 5,516.28 143,423.28 72.40 5,792.10 150,594.60 Police Sergeant 40 4405 401 73.53 5,882.74 152,951.24 77.21 6,176.89 160,599.14 81.07 6,485.72 168,628.72 85.13 6,810.10 177,062.60 89.38 7,150.60 185,915.60 Police Support Services Mgr 60 1404 657 65.19 5,215.27 135,597.02 - - - - - - - - - 91.27 7,301.71 189,844.46 Pool Manager 70 5608 708 23.22 1,857.60 48,297.60 - - - - - - - - - 29.90 2,392.00 62,192.00 Principal Civil Engineer 80 2204 822 68.48 5,478.50 142,441.00 - - - - - - - - - 89.07 7,125.29 185,257.54 Principal Planner 80 2811 823 70.61 5,648.47 146,860.22 - - - - - - - - - 85.51 6,841.17 177,870.42 Program Coordinator 50 5606 523 40.44 3,235.55 84,124.30 - - - - - - - - - 53.24 4,258.96 110,732.96 Public Information Officer 60 1122 674 64.70 5,175.88 134,572.88 - - - - - - - - - 90.58 7,246.26 188,402.76 Public Services Assistant I 50 6601 524 33.74 2,699.17 70,178.42 35.43 2,834.16 73,688.16 37.20 2,975.90 77,373.40 39.06 3,124.68 81,241.68 41.01 3,280.90 85,303.40 Public Services Assistant II 50 6602 525 37.11 2,969.08 77,196.08 38.97 3,117.58 81,057.08 40.92 3,273.44 85,109.44 42.96 3,437.17 89,366.42 45.11 3,608.94 93,832.44 Public Works Director 60 1204 635 90.69 7,255.01 188,630.26 - - - - - - - - - 126.96 10,157.05 264,083.30 Public Works Inspector 50 3202 526 54.48 4,358.21 113,313.46 57.20 4,576.17 118,980.42 60.06 4,804.93 124,928.18 63.07 5,045.20 131,175.20 66.22 5,297.43 137,733.18 Public Works Manager 60 1117 648 60.36 4,828.73 125,546.98 - - - - - - - - - 84.50 6,760.22 175,765.72 Purchasing Agent 80 1106 826 56.53 4,522.79 117,592.54 - - - - - - - - - 72.91 5,833.14 151,661.64 Recreation Administrative Asst 70 5619 712 17.70 1,416.00 36,816.00 - - - - - - - - - 24.66 1,972.80 51,292.80 Recreation Attendant 70 5618 711 17.70 1,416.00 36,816.00 - - - - - - - - - 24.66 1,972.80 51,292.80 Recreation Instructors 70 5607 707 18.82 1,505.60 39,145.60 - - - - - - - - - 37.64 3,011.20 78,291.20 Recreation Leader 70 5617 706 17.70 1,416.00 36,816.00 - - - - - - - - - 24.66 1,972.80 51,292.80 Recreation Services Supervisor 80 2601 827 54.01 4,320.43 112,331.18 - - - - - - - - - 71.08 5,686.26 147,842.76 Recreation Svcs Assistant I 50 8601 527 19.07 1,525.69 39,667.94 20.02 1,601.95 41,650.70 21.03 1,682.11 43,734.86 22.08 1,766.17 45,920.42 23.18 1,854.52 48,217.52 Recreation Svcs Assistant II 50 8602 528 22.64 1,811.48 47,098.48 23.78 1,902.25 49,458.50 24.97 1,997.32 51,930.32 26.22 2,097.23 54,527.98 27.53 2,202.04 57,253.04 Recreation Svcs Assistant III 50 8603 529 26.03 2,082.27 54,139.02 27.33 2,186.33 56,844.58 28.70 2,295.65 59,686.90 30.13 2,410.42 62,670.92 31.64 2,530.99 65,805.74 Recreation Svcs Assistant IV 50 8604 530 30.54 2,443.05 63,519.30 32.06 2,565.19 66,694.94 33.67 2,693.44 70,029.44 35.35 2,828.13 73,531.38 37.12 2,969.52 77,207.52 Retired Annuitant - Extra Help 70 5107 747 50.00 4,000.00 104,000.00 - - - - - - - - - 125.00 10,000.00 260,000.00 Retired Annuitant - Interim 70 5108 748 50.00 4,000.00 104,000.00 - - - - - - - - - 125.00 10,000.00 260,000.00 Risk Analyst 80 2130 857 44.63 3,570.76 92,839.76 - - - - - - - - - 58.75 4,700.21 122,205.46 SCADA Technician 20 8627 240 48.92 3,913.60 101,753.60 51.49 4,119.59 107,109.34 54.21 4,336.42 112,746.92 57.06 4,564.64 118,680.64 60.06 4,804.89 124,927.14 Senior Accountant 80 2110 829 50.24 4,019.43 104,505.18 - - - - - - - - - 66.13 5,290.45 137,551.70 Senior Accounting Technician 50 6106 539 40.82 3,265.99 84,915.74 42.87 3,429.32 89,162.32 45.01 3,600.78 93,620.28 47.26 3,780.85 98,302.10 49.62 3,969.85 103,216.10 Senior Administrative Analyst 80 2112 834 55.50 4,439.60 115,429.60 - - - - - - - - - 73.05 5,844.08 151,946.08 Senior Building Inspector 50 3804 531 62.92 5,033.70 130,876.20 66.07 5,285.46 137,421.96 69.37 5,549.69 144,291.94 72.84 5,827.14 151,505.64 76.48 6,118.52 159,081.52 Senior Buyer 80 2129 856 53.33 4,266.36 110,925.36 - - - - - - - - - 64.93 5,194.15 135,047.90 Senior Executive Assistant 80 6123 855 47.80 3,824.11 99,426.86 - - - - - - - - - 62.92 5,033.41 130,868.66 Senior HR Analyst 80 2122 841 51.81 4,145.16 107,774.16 - - - - - - - - - 68.20 5,456.27 141,863.02 Senior Plan Check Engineer 50 3806 534 72.67 5,813.21 151,143.46 76.30 6,104.03 158,704.78 80.11 6,408.96 166,632.96 84.11 6,729.08 174,956.08 88.32 7,065.46 183,701.96 Senior Planner 80 2805 830 64.73 5,178.17 134,632.42 - - - - - - - - - 78.68 6,294.27 163,651.02 Senior Public Works Inspector 50 3203 535 62.92 5,033.74 130,877.24 66.07 5,285.46 137,421.96 69.37 5,549.70 144,292.20 72.84 5,827.14 151,505.64 76.48 6,118.52 159,081.52 Senior Public Works Lead 20 8609 225 57.56 4,605.03 119,730.78 60.44 4,835.28 125,717.28 63.46 5,077.05 132,003.30 66.64 5,330.88 138,602.88 69.97 5,597.58 145,537.08 Senior SCADA Technician 20 8628 241 53.81 4,304.97 111,929.22 56.64 4,531.55 117,820.30 59.63 4,770.05 124,021.30 62.76 5,021.11 130,548.86 66.07 5,285.38 137,419.88 Special Project Associate 70 5105 750 20.00 1,600.00 41,600.00 - - - - - - - - - 50.00 4,000.00 104,000.00 Special Project Associate 70 8605 750 20.00 1,600.00 41,600.00 - - - - - - - - - 50.00 4,000.00 104,000.00 Sr Code Enforcement Officer 50 5806 545 55.90 4,472.03 116,272.78 58.68 4,694.75 122,063.50 61.63 4,930.13 128,183.38 64.71 5,177.00 134,602.00 67.94 5,435.31 141,318.06 Sr. Public Services Assistant 50 5615 549 41.40 3,311.82 86,107.32 43.47 3,477.41 90,412.66 45.64 3,651.27 94,933.02 47.92 3,833.84 99,679.84 50.32 4,025.53 104,663.78 Sr. Special Projects Associate 70 5106 749 50.00 4,000.00 104,000.00 - - - - - - - - - 125.00 10,000.00 260,000.00 Staff Assistant 70 5104 745 17.70 1,416.00 36,816.00 - - - - - - - - - 27.39 2,191.20 56,971.20 Student Intern 70 5103 740 17.70 1,416.00 36,816.00 - - - - - - - - - 27.39 2,191.20 56,971.20 Transporation & Traffic Mgr 60 1202 675 64.70 5,175.88 134,572.88 - - - - - - - - - 90.58 7,246.26 188,402.76 Water Meter Technician I 20 8104 216 34.02 2,551.68 66,343.68 35.72 2,679.34 69,662.84 37.51 2,813.31 73,146.06 39.39 2,953.91 76,801.66 41.36 3,101.64 80,642.64 Water Meter Technician I -40 20 8620 235 34.03 2,722.00 70,772.00 35.73 2,858.11 74,310.86 37.51 3,000.59 78,015.34 39.38 3,150.50 81,913.00 41.36 3,308.95 86,032.70 Water Meter Technician II 20 8105 217 37.43 2,806.93 72,980.18 39.30 2,947.24 76,628.24 41.26 3,094.57 80,458.82 43.32 3,249.32 84,482.32 45.49 3,411.82 88,707.32 Water Meter Technician II -40 20 8621 236 37.43 2,994.19 77,848.94 39.30 3,144.14 81,747.64 41.26 3,300.44 85,811.44 43.33 3,466.31 90,124.06 45.50 3,639.63 94,630.38 Water Systems Operator 20 7211 219 52.01 3,901.04 101,427.04 54.61 4,095.68 106,487.68 57.34 4,300.86 111,822.36 60.21 4,515.91 117,413.66 63.22 4,741.72 123,284.72 Water Systems Operator - 40 20 8622 237 52.31 4,185.18 108,814.68 54.94 4,394.96 114,268.96 57.69 4,615.14 119,993.64 60.57 4,845.68 125,987.68 63.61 5,088.69 132,305.94 Exhibit B
CITY OF MILPITAS
ALL JOB CLASSIFICATIONS/SALARY TABLE EFFECTIVE 07/14/2024 Printed 11/15/2024 3 of 3
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Adopt a Resolution to Approve Project Plans and Specifications and Award the Construction Contract to WestRock Engineering for the Water Valves Project for the Dempsey Road Water Line Replacement, Project Nos. 7100 and 7118 (Staff:
Christian Di Renzo, Public Works Director, 408-586-2602; and Michael Silveira, City Engineer, 408-586-3303)
Category: Consent Calendar-Community Services and Sustainable Infrastructure Meeting Date: 11/19/2024
Recommendation: (1) Adopt a Resolution to approve Water Valves Project plans and specifications; (2) Award the construction contract to WestRock Engineering in a total amount of $445,000; (3) Authorize the City Manager to execute a construction contract with WestRock Engineering; and (4) Authorize the Public Works Director to negotiate and execute contract change order(s) in an aggregate amount not to exceed $89,000 for the Water Valves Project for the Dempsey Road Water Line Replacement, Project Nos. 7100 and 7118.
BACKGROUND:
The Dempsey Road Water Line Replacement, Project Nos. 7100 and 7118 (Dempsey Project), is in the FY 2025-2029 Adopted Capital Improvement Program. The Dempsey Project provides for design and construction to replace approximately 5,400 feet of 12-inch diameter cast iron pipe with PVC pipe along Dempsey Road from N. Park Victoria Drive to south of the Yosemite Drive intersection, and Yosemite Drive from N. Park Victoria Drive to east of the Interstate 680 overpass. The pipeline was installed in the 1970s and has experienced excessive corrosion, causing breaks for the past several years. The replacement of the pipeline is critical to minimize impacts to the surrounding community.
In 2023, staff requested proposals from eight engineering consulting firms specializing in water systems design and received three proposals. The proposals were reviewed and evaluated based on the project team, project understanding, management approach, similar past project experiences and cost estimate of services. Staff deemed HydroScience Engineers to be the most qualified firm and entered into a Design Service Agreement in fall of 2023 in an amount not-to-exceed $695,175.
Several valves on E. Calaveras Boulevard, S. Park Victoria Drive, and Yosemite Drive were discovered to be malfunctioning, which could hinder necessary system shutdown(s) during the Dempsey Project construction.
To avoid disruptions for customers and to keep the subsequent Dempsey Project on schedule, the foundational work of replacing these valves (Water Valves Project) must be completed before the anticipated Dempsey Project start in summer 2025. The Water Valves Project will involve installing two new water valves, replacing five malfunctioning water valves, a fire hydrant, and approximately 160 feet of water main.
Completing this work on time will allow the City to begin resurfacing Dempsey Road in late 2026.
The Engineer’s Construction Estimate for the Water Valves Project is $491,000. The Water Valves Project Plan title sheet (Attachment 2) is included in the Council agenda packet and a complete full-size set of plans and specifications are available electronically upon request to the City Engineer.
ANALYSIS:
The Water Valves Project was advertised on the City’s eProcurement system, OpenGov Procurement, in digital construction trade publication(s) on September 13, 2024, and in the Milpitas Post on September 13 and 20, 2024, in accordance with the bidding requirements of the Uniform Public Construction Cost Accounting Act.
The Water Valves Project was also posted at Milpitas City Hall, Sports Center, and Senior Center per City
Council direction and Government Code section 36933. The bid opening was held October 16, 2024, and five sealed bids were received, with costs ranging from $445,000.00 to $886,299.37. The lowest, responsive bidder is WestRock Engineering submitting a bid in the amount of $445,000.00.
Bids submitted ranged from 9% below to 80% over the Engineer’s Construction Estimate. The wide variation is likely due to the current construction market, which has been affected by economic inflation, and bidders’ choosing to perform work with in-house forces rather hiring subcontractor(s), workload schedule, bidder overhead cost and profit margin thresholds, and material and labor markup.
The Summary of Bid Results follows; additional Bid Results details are in the agenda packet. (Attachment 3).
Bidder Location Base Bid
Engineer’s Construction Estimates - $ 491,000.00
WestRock Engineering San Lorenzo, CA $ 445,000.00
Corcus Construction, Inc. San Francisco, CA $ 465,250.00 CEAU Co. Dba. Castillon Company San Leandro, CA $ 635,732.49 West Valley Construction Campbell, CA $ 824,060.00
Frontline General Engineering San Lorenzo, CA $ 886,299.37 Staff reviewed the bid proposal submitted by WestRock Engineering, the lowest bidder and found their bid proposal to be responsive. Staff recommends awarding a construction contract in the amount of $445,000 to WestRock Engineering, the lowest responsive, responsible bidder. No bid protests were filed with the City.
There is sufficient funding available in the Dempsey Project budget to award this contract and no additional funding appropriation is required.
The construction contingency established for this Water Valves Project is $89,000 to address any unforeseen conditions that arise during construction. As previously approved for the successful completion of recent projects with tight completion schedules, staff is requesting the use of the same change order policy used for previous projects (Attachment 4). This policy allows for a timely completion of the project, while addressing the need to respond swiftly to construction conditions and approve necessary change orders to limit potential claims or risks to the City. The change order authority will not be exceeded without prior City Council approval.
POLICY ALTERNATIVES:
Alternative 1: Deny approval of Water Valves Project’s plans and specifications and not award the construction contract to WestRock Engineering.
Pros: None.
Cons: Not replacing these valves prior to the Dempsey Project work will result in system shutdowns that will affect customers for an unknown period of time, as well as increase the Dempsey Project cost and extend the Dempsey Project schedule in order to address the faulty valves during its construction timetable.
Reason not Recommended: The Water Valves Project is essential to maintaining the Dempsey Project schedule including Dempsey Road resurfacing by the fall of 2026. Prolonging the Dempsey Project schedule will stress Public Works Department’s resources to address immediate water line and pavement deterioration and affect quality of life for the community.
FISCAL IMPACT:
Adequate funds are available in the Dempsey Project budget for the Water Valves Project and no additional funding appropriation is required.
As of November 5, 2024, the uncommitted balance of the Dempsey Project is as follows:
CP 7100 $ 3,315,370
CP 7118 $ 5,705,096
Total $ 9,020,466
Summary of Estimated Remaining Expenditures
Water Valves Project Bid $ 445,000
Water Valves Project 20% Construction Contingency $ 89,000 Dempsey Project Estimated Construction Cost* $ 6,400,000 Dempsey Project Estimated 20% Construction
Contingency*
$ 1,300,000
Administration and Inspection $ 786,466
TOTAL $ 9,020,466
* Bid opening is anticipated in spring 2025 for the Dempsey Project. The Dempsey Project budget is at the 90% design level.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):
The Water Valves Project entails replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced and is exempt from CEQA pursuant to Cal. Code Regs., tit. 14, § 15302.
RECOMMENDATION
(1) Adopt a Resolution to approve Water Valves Project plans and specifications; (2) Award the construction contract to WestRock Engineering in a total amount of $445,000; (3) Authorize the City Manager to execute a construction contract with WestRock Engineering; and (4) Authorize the Public Works Director to negotiate and execute contract change order(s) in an aggregate amount not to exceed $89,000 for the Water Valves Project for the Dempsey Road Water Line Replacement, Project Nos. 7100 and 7118.
ATTACHMENT(S):
(a) Resolution
(b) Title Sheet and Location Map
(c) Bid Summary
(d) Change Order Policy
Attachment 1
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS APPROVING PROJECT PLANS & SPECIFICATIONS; AWARD THE CONSTRUCTION CONTRACT TO
THE LOWEST RESPONSIBLE BIDDER SUBMITTING A RESPONSIVE BID, WESTROCK ENGINEERING, IN A TOTAL AMOUNT OF $445,000; AUTHORIZE THE CITY MANAGER TO EXECUTE THE CONSTRUCTION CONTRACT WITH WESTROCK ENGINEERING; AND
AUTHORIZE THE PUBLIC WORKS DIRECTOR TO NEGOTIATE AND EXECUTE CONTRACT CHANGE ORDER(S) IN AN AGGREGATE AMOUNT NOT TO EXCEED $89,000
FOR THE WATER VALVES PROJECT FOR THE DEMPSEY ROAD WATER LINE REPLACEMENT, PROJECT NOS. 7110 AND 7118.
WHEREAS, the Dempsey Road Water Line Replacement Project, City Project Nos. 7110 and 7118 (“Project”), is in the FY2025-2029 Adopted Capital Improvement Program and provides for the design and the replacement of the existing water main along Dempsey Road from N. Park Victoria Drive to south of Yosemite Drive intersection and Yosemite Drive from N. Park Victoria Drive to east of I-680 overpass; and
WHEREAS, the “Water Valves Project” installs two new water valves, and replaces five nonoperational water valves, a fire hydrant and approximately 160 feet of water main prior to the construction of the Project to prevent insufficient system shutdowns; and WHEREAS, the “Water Valves Project” was advertised on City’s eProcurement system, OpenGov Procurement and digital construction trade publications on September 13, 2024, and in the Milpitas Post on September 13 and 20, 2024, in accordance with the bidding requirements of the Uniform Public Construction Cost Accounting Act; and posted at Milpitas City Hall, Sports Center, and Senior Center as per City Council direction and Government Code section 36933; and WHEREAS, the Engineer’s Estimate for the “Water Valves Project” is $491,000; and WHEREAS, on October 16, 2024, five sealed bid proposals were received. The bid pricing ranged from $445,000.00 to $886,299.37; and
WHEREAS, no bid protest was filed with the City within five (5) days of the bid opening as set forth in the Project specifications; and
WHEREAS, the lowest responsible bidder submitting a responsive bid is WestRock Engineering, in the base bid amount of $445,000; and
WHEREAS, staff recommends the City Council to award the construction contract to WestRock Engineering, the lowest responsible bidder submitting a responsive bid for the “Water Valves Project”, and authorize the City Manager to execute the construction contract in the amount of $89,000 in accordance with State law; and
WHEREAS, staff recommends the City Council authorize the Public Works Director to negotiate and execute change order(s) in an amount not to exceed $89,000; twenty percent (20%) of the total contract value, due to “Water Valves Project” tight completion schedule and staff’s capability to respond swiftly to unanticipated construction conditions to limit potential claims or risk to the City; and
2 Resolution No. ____
WHEREAS, sufficient funds are available in the Project budget to award the contract to WestRock Engineering in the total amounts of $445,000; and
NOW, THEREFORE, the City Council of the City of Milpitas hereby finds, determines, and resolves as follows:
1. The City Council has considered the full record before it, which may include but is not limited to such things as the staff report, testimony by staff and the public, and other materials and evidence submitted or provided to it. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.
2. The City Council hereby approves the “Water Valves Project” Plans and Specifications.
3. The City Council hereby awards the construction contract to and authorizes the City Manager to execute the contract and related documents with the lowest responsible bidder submitting a responsive bid, WestRock Engineering, in the amount of $445,000 for the “Water Valves Project”.
4. The Public Works Director is hereby authorized to negotiate and execute contract change order(s) in an aggregate amount not to exceed $89,000 for the “Water Valves Project”.
PASSED AND ADOPTED this day of , 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
_____________________________ __________________________ Suzanne Guzzetta, City Clerk Carmen Montano, Mayor
APPROVED AS TO FORM:
_____________________________
Michael Mutalipassi, City Attorney
38077.00180\29080232.10 C2
CITY OF MILPITAS
MILPITAS, CALIFORNIA
CONTRACT DOCUMENTS AND SPECIFICATIONS FOR
E. CALAVERAS BLVD. & YOSEMITE DR. WATER VALVES
REPLACEMENT
PROJECT NO. 7118 & 7100
Recommended for Bidding: ____________________________________________________ Lyhak Eam, Acting Public Works Division Manager-Engineering Approved for Bidding: ____________________________________________________ Michael Silveira, City Engineer
Bid Set – SEPTEMBER 2024
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TABLE OF CONTENTS
Page
-i- 00 11 16 – NOTICE INVITING BIDS
00 11 16 – NOTICE INVITING BIDS............................................................................................1 00 21 13 – INSTRUCTIONS TO BIDDERS .................................................................................4 00 41 43 – BID FORMS .............................................................................................................13 00 52 13 – CONTRACT .............................................................................................................35 00 61 13 – BOND FORMS .........................................................................................................40 00 72 13 – GENERAL CONDITIONS.........................................................................................52 00 73 13 – SPECIAL CONDITIONS.........................................................................................108 01 00 00 – GENERAL REQUIREMENTS ................................................................................112 01 20 00 – MEASUREMENT AND PAYMENTS ......................................................................131 TECHNICAL PROVISIONS………………………………………………………………………….141
APPENDIX “A” CITY WATER VALVE LOCATION MAP ...............................................................
APPENDIX “B” CALTRANS ENCROACHMENT PERMIT.............................................................
APPENDIX “C” CITY STANDARD FORMS ...................................................................................
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-1- 00 11 16 – NOTICE INVITING BIDS
00 11 16 – NOTICE INVITING BIDS
NOTICE IS HEREBY GIVEN that the City Council of the City of Milpitas (“City”) invites and will receive sealed Bids up to but not later than 2:00 p.m. on Wednesday, October 16, 2024 at City of Milpitas City Hall, 1st floor, Information Service Counter, 455 E. Calaveras Boulevard, Milpitas, California 95035, for the furnishing to City of all labor, equipment, materials, tools, services, transportation, permits, utilities, and all other items necessary for E. Calaveras Blvd. & Yosemite Dr. Water Valves Replacement (the “Project”). At said time, Bids will be publicly opened and read aloud at the City Office. Bids received after said time shall be returned unopened. Bids shall be valid for a period of 90 calendar days after the Bid opening date.
Bids must be submitted on the City’s Bid Forms. Bidders may obtain a copy of the Contract Documents from OpenGov Procurement (https://procurement.opengov.com/portal/milpitas-ca).
To the extent required by section 20103.7 of the Public Contract Code, upon request from a contractor plan room service, the City shall provide an electronic copy of the Contract Documents at no charge to the contractor plan room. Additionally, bid packages containing all forms, specifications, terms and conditions may be obtained on the City’s Opengov Procurement website. Links or documents found outside the city's online vendor portal may not be accessible/up-to-date.
It is the responsibility of each prospective bidder to download and print all Bid Documents for review and to verify the completeness of Bid Documents before submitting a bid. Any Addenda will be posted on OpenGov Procurement. It is the responsibility of each prospective bidder to check OpenGov Procurement on a daily basis through the close of bids for any applicable addenda or updates. The City does not assume any liability or responsibility based on any defective or incomplete copying, excerpting, scanning, faxing, downloading or printing of the Bid Documents. Information on OpenGov Procurement may change without notice to prospective bidders. The Contract Documents shall supersede any information posted or transmitted by OpenGov Procurement.
Each Bid shall be accompanied by cash, a certified or cashier’s check, or Bid Bond secured from a surety company satisfactory to the City Council, the amount of which shall not be less than ten percent (10%) of the submitted Total Bid Price, made payable to City of Milpitas as bid security.
The bid security shall be provided as a guarantee that within five (5) working days after the City provides the successful bidder the Notice of Award, the successful Bidder will enter into a contract and provide the necessary bonds and certificates of insurance. The bid security will be declared forfeited if the successful Bidder fails to comply within said time. No interest will be paid on funds deposited with City.
A MANDATORY Pre-Bid Conference is scheduled for Thursday, September 26, 2024 at 2:00 PM and Tuesday, October 1, 2024 at 2:00 PM via Microsoft Teams virtual meeting to review the Project's existing conditions. Bidders need only to attend one Pre-Bid Conference. For access to virtual Pre-Bid Conference, please contact Jennifer Wright, Assistant Engineer via email at [email protected] no later than Thursday, September 26, 2024 at 12:00 PM and Tuesday, October 1, 2024 at 12:00 PM for that day’s scheduled meeting. Representatives of the City and consulting engineers, if any, will be present. Questions asked by Bidders at the Pre-Bid Conference not specifically addressed within the Contract Documents shall be answered in writing and issued as an Addendum. Bids will not be accepted from any bidder who did not attend one of the mandatory Pre-Bid Conferences. It is the responsibility of the Contractor to perform a site visit at each valve location to understand the existing conditions and area of work.
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-2- 00 11 16 – NOTICE INVITING BIDS
For questions regarding this project, contact Jennifer Wright, Assistant Engineer via email at [email protected] by 4:00 PM on Monday, October 7, 2024. Addenda with answers to questions received by the specified time will be posted following the close of questions.
The successful Bidder will be required to furnish a Faithful Performance Bond and a Labor and Material Payment Bond each in an amount equal to one hundred percent (100%) of the Contract Price. Each bond shall be in the forms set forth herein, shall be secured from a surety company that meets all State of California bonding requirements, as defined in California Code of Civil Procedure Section 995.120, and that is a California admitted surety insurer.
Pursuant to Section 22300 of the Public Contract Code of the State of California, the successful Bidder may substitute certain securities for funds withheld by City to ensure its performance under the contract.
Pursuant to Labor Code Section 1773, City has obtained the prevailing rate of per diem wages and the prevailing wage rate for holiday and overtime work applicable in Santa Clara County from the Director of the Department of Industrial Relations for each craft, classification, or type of worker needed to execute this contract. A copy of these prevailing wage rates may be obtained via the internet at: www.dir.ca.gov/dlsr/
In addition, a copy of the prevailing rate of per diem wages is available at the City’s Public Works Department and shall be made available to interested parties upon request. The successful bidder shall post a copy of the prevailing wage rates at each job site. It shall be mandatory upon the Bidder to whom the Contract is awarded, and upon any subcontractors, to comply with all Labor Code provisions, which include but are not limited to the payment of not less than the said specified prevailing wage rates to all workers employed by them in the execution of the Contract, employment of apprentices, hours of labor and debarment of contractors and subcontractors.
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No Bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. If awarded a contract, the Bidder and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. In bidding on this Project, it shall be the Bidder’s sole responsibility to evaluate and include the cost of complying with all labor compliance requirements under this contract and applicable law in its Bid.
Unless otherwise provided in the Instructions for Bidders, each Bidder shall be a licensed contractor pursuant to sections 7000 et seq. of the Business and Professions Code in the following classification(s) throughout the time it submits its Bid and for the duration of the contract: Class A or C-34 (Pipeline Contractor). The Engineer’s Estimate for the project’s base bid items is between $450,000 and $550,000.
38077.00180\29080232.10 C2
-3- 00 11 16 – NOTICE INVITING BIDS
Substitution requests shall be made within 35 calendar days after the award of the contract.
Pursuant to Public Contract Code Section 3400(b), the City may make findings designating that certain additional materials, methods or services by specific brand or trade name other than those listed in the Standard Specifications be used for the Project. Such findings, if any, as well as the materials, methods or services and their specific brand or trade names that must be used for the Project may be found in the Special Conditions.
City shall award the contract for the Project to the lowest responsive, responsible Bidder as determined by the City from the BASE BID ALONE. City reserves the right to reject any or all bids or to waive any irregularities or informalities in any bids or in the bidding process.
For further information, contact Jennifer Wright, Assistant Engineer, at City of Milpitas City Hall, 455 E. Calaveras Boulevard, Milpitas, CA 95035 or (408) 586-3304.
END OF NOTICE INVITING BIDS
38077.00180\29080232.10 C2
-4- 00 21 13 – INSTRUCTIONS TO BIDDERS
00 21 13 – INSTRUCTIONS TO BIDDERS
1. SECURING DOCUMENTS
Bids must be submitted to the City on the Bid Forms which are a part of the Bid Package for the Project. Bid and Contract Documents may be obtained from the City as specified in the Notice Inviting Bids. Prospective bidders are encouraged to telephone in advance to determine the availability of Contract Documents. Any charge for the Contract Documents is stated in the Notice Inviting Bids.
The City may also make the Contract Documents available for review at one or more plan rooms, as indicated in the Notice Inviting Bids. Please Note: Prospective Bidders who choose to review the Contract Documents at a plan room must create an account with OpenGov Procurement to obtain the required Contract Documents if they decide to submit a bid for the Project.
Addenda, if any, issued during the bid period will be posted on OpenGov Procurement. Failure to acknowledge addenda may make a bid nonresponsive and not eligible for award of the contract.
2. EXAMINATION OF SITE AND CONTRACT DOCUMENTS
At its own expense and prior to submitting its Bid, each Bidder shall visit the site of the proposed work and fully acquaint itself with the conditions relating to the construction and labor required so that the Bidder may fully understand the work, including but not limited to difficulties and restrictions attending the execution of the work under the contract. Each Bidder shall carefully examine the Drawings, and shall read the Specifications, Contract, and all other documents referenced herein. Each Bidder shall also determine the local conditions which may in any way affect the performance of the work, including local tax structure, contractors’ licensing requirements, availability of required insurance, the prevailing wages and other relevant cost factors, shall familiarize itself with all federal, state and local laws, ordinances, rules, regulations and codes affecting the performance of the work, including the cost of permits and licenses required for the work, and shall make such surveys and investigations, including investigations of subsurface or latent physical conditions at the site or where work is to be performed as may be required. Bidders are responsible for consulting the standards referenced in the Contract. The failure or omission of any Bidder to receive or examine any contract documents, forms, instruments, addenda, or other documents, or to visit the site and acquaint itself with conditions there existing shall in no way relieve any Bidder from any obligation with respect to its Bid or to the contract and no relief for error or omission will be given except as required under State law.
The submission of a Bid shall be taken as conclusive evidence of compliance with this Article.
Storm, surface, nuisance, or other waters may be encountered at various times during construction of the Project. Federal and State laws require the City and its contractors to appropriately manage such waters pursuant to the requirements of California State Water Resources Control Board Order Number 2009-0009-DWQ and any amendment or renewal thereof, the Federal Clean Water Act, and the California Porter Cologne Water Quality Control Act. By submitting a Bid, each Bidder acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom.
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-5- 00 21 13 – INSTRUCTIONS TO BIDDERS
3. INTERPRETATION OF DRAWINGS AND DOCUMENTS
Prospective Bidders unclear as to the true meaning of any part of the Drawings, Specifications or other proposed contract documents may submit to the Engineer of the City a written request for interpretation. The prospective Bidder submitting the request is responsible for prompt delivery.
Interpretation of the Drawings, Specifications or other proposed contract documents will be made only by a written addendum duly issued and a copy of such addenda will be mailed or delivered to each prospective Bidder who has purchased a set of Drawings and Specifications. The City will not be responsible for any other explanation or interpretations of the proposed documents. If a Prospective Bidders becomes aware of any errors or omissions in any part of the Contract Documents, it is the obligation of the Prospective Bidder to promptly bring it to the attention of the City.
4. INSPECTION OF SITE; PRE-BID CONFERENCE
Each prospective bidder is responsible for fully acquainting itself with the conditions of the Project Site (which may include more than one site), as well as those relating to the construction and labor of the Project, to fully understand the facilities, difficulties and restrictions which may impact the cost or effort required to complete the Project. To this end, a Pre-Bid Meeting and Site Walk will be held on the date(s) and time(s) indicated in the Notice Inviting Bids.
5. ADDENDA
The City reserves the right to revise the Contract Documents prior to the Bid opening date.
Revisions, if any, shall be made by written Addenda. All Addenda issued by the City shall be included in the Bid and made part of the Contract Documents. Pursuant to Public Contract Code Section 4104.5, if the City issues an Addendum which includes material changes to the Project less than 72 hours prior to the deadline for submission of Bids, the City will extend the deadline for submission of Bids. The City may determine, in its sole discretion, whether an Addendum warrants postponement of the Bid submission date. Each prospective Bidder shall provide City a name, address, email address, and facsimile number to which Addenda may be sent, as well as a telephone number by which the City can contact the Bidder. Any Addenda will be posted on OpenGov Procurement. Please Note: Bidders are responsible for ensuring that they have received any and all Addenda. To this end, each Bidder should contact Jennifer Wright, Assistant Engineer, at City of Milpitas City Hall, 455 E. Calaveras Boulevard, Milpitas, CA 95035 or (408) 586-3304 to verify that it has received all Addenda issued, if any, prior to the Bid opening. The Bidder shall indicate the Addenda received prior to bidding in the space provided in the Bid Form.
Failure to indicate all Addenda may be sufficient cause for rejecting the Bid.
6. ALTERNATE BIDS
If alternate bid items are called for in the Contract Documents, the time required for completion of the alternate bid items has already been factored into the Contract duration and no additional Contract time will be awarded for any of the alternate bid items. The City may elect to include one or more of the alternate bid items, or to otherwise remove certain work from the Project scope of work. Accordingly, each bidder must ensure that each bid item contains a proportionate share of profit, overhead, and other costs or expenses which will be incurred by the bidder.
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7. COMPLETION OF BID FORMS
Bids shall only be prepared using copies of the Bid Forms which are included in the Contract Documents. The use of substitute Bid Forms other than clear and correct photocopies of those provided by the City will not be permitted. Bids shall be executed by an authorized signatory as described in these Instructions to Bidders. In addition, Bidders shall fill in all blank spaces (including inserting “N/A” where applicable), and initial all interlineations, alterations, or erasures to the Bid Forms. Bidders shall neither delete, modify, nor supplement the printed matter on the Bid Forms nor make substitutions thereon. USE OF BLACK OR BLUE INK, INDELIBLE PENCIL, OR A TYPEWRITER IS REQUIRED. Deviations in the Bid Forms may result in the Bid being deemed non-responsive.
8. MODIFICATIONS OF BIDS
Each Bidder shall submit its Bid in strict conformity with the requirements of the Contract Documents. Unauthorized additions, modifications, revisions, conditions, limitations, exclusions or provisions attached to a Bid may render it non-responsive and may cause its rejection. Bidders shall not delete, modify, or supplement the printed matter on the Bid Forms, or make substitutions thereon. Oral, telephonic and electronic modifications will not be considered.
9. SUBCONTRACTORS
Bidder shall set forth the name, address of the place of business, and contractor license number of each subcontractor who will perform work, labor, furnish materials or render services to the bidder on said contract and each subcontractor licensed by the State of California who, under subcontract to bidder, specially fabricates and installs a portion of the Work described in the Drawings and Specifications in an amount in excess of one half of one percent (0.5%) of the total bid price, and shall indicate the portion of the work to be done by such subcontractor in accordance with Public Contract Code Section 4104.
The successful bidder will be required to self-perform at least 50% of the work.
10. LICENSING REQUIREMENTS
Pursuant to Business and Professions Code Section 7028.15 and Public Contract Code Section 3300, all bidders must possess proper licenses for performance of this Contract. Subcontractors must possess the appropriate licenses for each specialty subcontracted. Pursuant to Business and Professions Code Section 7028.5, the City shall consider any bid submitted by a contractor not currently licensed in accordance with state law and pursuant to the requirements found in the Contract Documents to be nonresponsive, and the City shall reject the Bid. The City shall have the right to request, and Bidders shall provide within ten (10) calendar days, evidence satisfactory to the City of all valid license(s) currently held by that Bidder and each of the Bidder’s subcontractors, before awarding the Contract.
Notwithstanding anything contained herein, if the Work involves federal funds, the Contractor shall be properly licensed by the time the Contract is awarded, pursuant to the provisions of Public Contract Code section 20103.5.
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11. BID GUARANTEE (BOND)
Each bid shall be accompanied by: (a) cash; (b) a certified or cashier’s check made payable to City of Milpitas; or (c) a Bid Bond secured from a surety company satisfactory to the City Council, the amount of which shall not be less than ten percent (10%) of the Total Bid Price, made payable to City of Milpitas as bid security. Personal sureties and unregistered surety companies are unacceptable. The surety insurer shall be California admitted surety insurer, as defined in Code of Civil Procedure Section 995.120. The bid security shall be provided as a guarantee that within ten (10) working days after the City provides the successful bidder the Notice of Award, the successful bidder will enter into a contract and provide the necessary bonds and certificates of insurance. The bid security will be declared forfeited if the successful bidder fails to comply within said time, and City may enter into a contract with the next lowest responsive responsible bidder or may call for new bids. No interest shall be paid on funds deposited with the City. City will return the security accompanying the bids of all unsuccessful bidders no later than 60 calendar days after award of the contract.
12. IRAN CONTRACTING ACT OF 2010
In accordance with Public Contract Code Section 2200 et seq., the City requires that any person that submits a bid or proposal or otherwise proposes to enter into or renew a contract with the City with respect to goods or services of one million dollars ($1,000,000) or more, certify at the time the bid is submitted or the contract is renewed, that the person is not identified on a list created pursuant to subdivision (b) of Public Contract Code Section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of Public Contract Code Section 2202.5, or as a person described in subdivision (b) of Public Contract Code Section 2202.5, as applicable.
The form of such Iran Contracting Certificate is included with the bid package and must be signed and dated under penalty of perjury.
13. NONCOLLUSION DECLARATION
Bidders on all public works contracts are required to submit a declaration of noncollusion with their bid. This form is included with the bid package and must be signed and dated under penalty of perjury.
14. PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. If awarded a contract, the bidder and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project. To this end, Bidder shall sign and submit with its Bid the Public Works Contractor Registration Certification on the form provided, attesting to the facts contained therein. Failure to submit this form may render the bid non-responsive. In addition, each Bidder shall provide the registration number for each listed subcontractor in the space provided in the Designation of Subcontractors form.
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15. WAGE THEFT CERTIFICATION
Bidders on public works contracts are required to submit a certification disclosing whether the Bidder or any of its proposed subcontractors has been found by a final court order or administrative action of an investigatory government agency to have violated federal, state or local wage and hour laws, including but not limited to the federal Fair Labor Standards Act, the California Labor Code and the Milpitas Minimum Wage Ordinance, within the past five (5) years from the bid submission deadline.
16. BIDDER INFORMATION AND EXPERIENCE FORM
Each Bidder shall complete the questionnaire provided herein and shall submit the questionnaire along with its Bid. Failure to provide all information requested within the questionnaire along with the Bid may cause the bid to be rejected as non-responsive. The City reserves the right to reject any Bid if an investigation of the information submitted does not satisfy the Engineer that the Bidder is qualified to properly carry out the terms of the contract.
17. WORKERS' COMPENSATION CERTIFICATION
In accordance with the provisions of Labor Code Section 3700, Contractor shall secure the payment of compensation to its employees. Contractor shall sign and file with the City the following certificate prior to performing the work under this Contract:
I am aware of the provisions of Section 3700 of the Labor Code, which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
The form of such Workers' Compensation Certificate is included as part of this document.
18. SIGNING OF BIDS
All Bids submitted shall be executed by the Bidder or its authorized representative. Bidders may be asked to provide evidence in the form of an authenticated resolution of its Board of Directors or a Power of Attorney evidencing the capacity of the person signing the Bid to bind the Bidder to each Bid and to any Contract arising therefrom.
If a Bidder is a joint venture or partnership, it may be asked to submit an authenticated Power of Attorney executed by each joint venturer or partner appointing and designating one of the joint venturers or partners as a management sponsor to execute the Bid on behalf of Bidder. Only that joint venturer or partner shall execute the Bid. The Power of Attorney shall also: (1) authorize that particular joint venturer or partner to act for and bind Bidder in all matters relating to the Bid; and (2) provide that each venturer or partner shall be jointly and severally liable for any and all of the duties and obligations of Bidder assumed under the Bid and under any Contract arising therefrom. The Bid shall be executed by the designated joint venturer or partner on behalf of the joint venture or partnership in its legal name.
19. SUBMISSION OF SEALED BIDS
Once the Bid and supporting documents have been completed and signed as set forth herein, they shall be placed, along with the Bid Guarantee and other required materials, in a sealed
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envelope, addressed and delivered or mailed, postage prepaid, to the City Clerk before the time and day set for the receipt of bids. The envelope shall bear the title of the work and the name of the bidder. No oral or telephonic bids will be considered. No forms transmitted via the internet, e-mail, facsimile, or any other electronic means will be considered unless specifically authorized by the City as provided herein. Bids received after the time and day set for the receipt of bids shall be returned to the bidder unopened. The envelope shall also contain the following in the lower left-hand corner thereof:
Bid of (Bidder’s Name)
for the E. CALAVERAS BLVD. & YOSEMITE DR. WATER VALVES REPLACEMENT Only where expressly permitted in the Notice Inviting Bids may bidders submit their bids via electronic transmission pursuant to Public Contract Code sections 1600 and 1601. Any acceptable method(s) of electronic transmission shall be stated in the Notice Inviting Bids. City may reject any bid not strictly complying with City’s designated methods for delivery.
20. OPENING OF BIDS
At the time and place set for the opening and reading of bids, or any time thereafter, each and every bid received prior to the time and day set for the receipt of bids will be publicly opened and read. The City will leave unopened any Bid received after the specified date and time, and any such unopened Bid will be returned to the bidder. It is the bidder’s sole responsibility to ensure that its Bid is received as specified. Bids may be submitted earlier than the date(s) and time(s) indicated.
The public reading of each bid will include the following information:
A. The name and business location of the bidder.
B. The nature and amount of the bid security furnished by bidder.
C. The bid amount.
Bidders or their representatives and other interested persons may be present at the opening of the bids. The City may, in its sole discretion, elect to postpone the opening of the submitted Bids.
The City reserves the right to reject any or all Bids and to waive any informality or irregularity in any Bid.
21. WITHDRAWAL OF BID
Any bid may be withdrawn either personally or by written request, incurring no penalty, at any time prior to the scheduled closing time for receipt of bids. Requests to withdraw bids shall be worded so as not to reveal the amount of the original bid. Withdrawn bids may be resubmitted until the time and day set for the receipt of bids, provided that resubmitted bids are in conformance with the instructions herein.
Bids may be withdrawn after bid opening only by providing written notice to City within five (5) working days of the bid opening and in compliance with Public Contract Code Section 5100 et seq., or as otherwise may be allowed with the consent of the City.
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22. BIDDERS INTERESTED IN MORE THAN ONE BID
No Bidder shall be allowed to make, file or be interested in more than one bid for the same work unless alternate bids are specifically called for. A person, firm or corporation that has submitted a sub-proposal to a Bidder, or that has quoted prices of materials to a Bidder, is not thereby disqualified from submitting a sub-proposal or quoting prices to other bidders. No person, firm, corporation, or other entity may submit a sub-proposal to a Bidder, or quote prices of materials to a Bidder, when also submitting a prime Bid on the same Project.
23. SUBSTITUTION OF SECURITY
The Contract Documents call for monthly progress payments based upon the percentage of the Work completed. The City will retain a percentage of each progress payment as provided by the Contract Documents. At the request and expense of the successful Bidder, the City will substitute securities for the amount so retained in accordance with Public Contract Code Section 22300.
24. PREVAILING WAGES
The City has obtained from the Director of the Department of Industrial Relations the general prevailing rate of per diem wages in the locality in which this work is to be performed for each craft or type of worker needed to execute the Contract. These rates are available at the City or may be obtained online at http://www.dir.ca.gov. Bidders are advised that a copy of these rates must be posted by the successful Bidder at the job site(s).
25. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS
In accordance with the provisions of the Labor Code, contractors or subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Labor Code Sections 1777.1 or 1777.7. Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid to a debarred subcontractor by the Contractor for the Project shall be returned to the City. The Contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the Project.
26. INSURANCE REQUIREMENTS
Prior to commencing work, the successful bidder shall purchase and maintain insurance as set forth in the General Conditions.
27. PERFORMANCE BOND AND PAYMENT BOND REQUIREMENTS
The successful bidder will be required to furnish a Labor and Material Payment Bond and a Faithful Performance Bond each in an amount equal to one hundred percent (100%) of the contract price. Each bond shall be secured from a surety company that meets all State of California bonding requirements, as defined in California Code of Civil Procedure Section 995.120 and is admitted by the State of California. Each bond shall be accompanied, upon the request of City, with all documents required by California Code of Civil Procedure Section 995.660 to the extent required by law. All bonding and insurance requirements shall be completed and submitted
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to City within ten (10) working days from the date the City provides the successful bidder with the Notice of Award.
28. SALES AND OTHER APPLICABLE TAXES, PERMITS, LICENSES AND FEES Contractor and its subcontractors performing work under this Contract will be required to pay California sales tax and other applicable taxes, and to pay for permits, licenses and fees required by the agencies with authority in the jurisdiction in which the Work will be located, unless otherwise expressly provided by the Contract Documents.
29. FILING OF BID PROTESTS
Bidders may file a “protest” of a Bid with the City of Milpitas City Engineer. In order for a Bidder’s protest to be considered valid, the protest must:
A. Be filed in writing within five (5) calendar days after the bid opening date; B. Clearly identify the specific irregularity or accusation; C. Specify in detail the grounds for protest and the facts supporting the protest; and D. Include all relevant, supporting documentation with the protest at time of filing.
If the protest does not comply with each of these requirements, the City may reject the protest without further review.
If the protest is timely and complies with the above requirements, the City Engineer, or other designated City staff member, shall review the protest, any response from the challenged Bidder(s), and all other relevant information. The City Engineer will provide a written decision to the protestor.
The procedure and time limits set forth in this Article are mandatory and are the sole and exclusive remedy in the event of a Bid protest. Failure to comply with these procedures shall constitute a failure to exhaust administrative remedies and a waiver of any right to further pursue the Bid protest, including filing a Government Code Claim or legal proceedings.
30. BASIS OF AWARD; BALANCED BID
The City shall award the Contract to the lowest responsible Bidder submitting a responsive Bid.
The lowest Bid will be determined on the basis of the Total Base Bid alone unless otherwise set forth in the Notice Inviting Bids.
The City may reject any Bid which, in its opinion when compared to other Bids received or to the City’s internal estimates, does not accurately reflect the cost to perform the Work. The City may reject as non-responsive any Bid which unevenly weights or allocates costs, including but not limited to overhead and profit to one or more particular bid items.
31. AWARD PROCESS
Once all Bids are opened and reviewed to determine the lowest responsive and responsible Bidder, the City Council may award the contract. The apparent successful Bidder should begin to prepare the following documents: (1) the Performance Bond; (2) the Payment Bond; and (3)
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the required insurance certificates and endorsements. Once the City notifies the Bidder of the award, the Bidder will have fourteen (14) calendar days from the date of this notification to execute the Contract and supply the City with all of the required documents and certifications. Regardless of whether the Bidder supplies the required documents and certifications in a timely manner, the Contract time will begin to run twenty-one (21) calendar days from the date of the Notice of Award.
Once the City receives all of the properly drafted and executed documents, certifications from the Bidder, and any other documents as maybe specified in the Contract Documents, the City shall issue a Notice to Proceed to that Bidder.
32. EXECUTION OF CONTRACT
As required herein the Bidder to whom an award is made shall execute the Contract in the amount determined by the Contract Documents. The City may require appropriate evidence that the persons executing the Contract are duly empowered to do so. The Contract and bond forms to be executed by the successful Bidder are included within these Specifications and shall not be detached.
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00 41 43 – BID FORMS
1.1 Bid Acknowledgement.
NAME OF BIDDER:
To the Honorable City Council of the City of Milpitas, attn City Clerk:
The undersigned hereby declare that we have carefully examined the location of the proposed Work, and have read and examined the Contract Documents, including all plans, specifications, and all addenda, if any for the following Project:
E. CALAVERAS BLVD. & YOSEMITE DR. WATER VALVES REPLACEMENT A We hereby propose to furnish all labor, materials, equipment, tools, transportation, and services, and to discharge all duties and obligations necessary and required to perform and complete the Project, as described and in strict conformity with the Contract Documents for the Total Bid Price indicated herein.
B The undersigned agrees that this Bid constitutes a firm offer to the City which cannot be withdrawn for the number of calendar days indicated in the Notice Inviting Bids from and after the Bid opening, or until a Contract for the Work is fully executed by the City and a third party, whichever is earlier.
C The undersigned has by careful examination of the Contract Documents and any addenda thereto, and by examination of the actual Site conditions, satisfied itself as to the nature and location of all Work, the plans and specifications, and the general and local conditions to be encountered in the performance of any Work, the requirements of the Contract and all other matters which can in any way affect the Work or the cost thereof.
D The undersigned acknowledges receipt, understanding, and full consideration of the following addenda to the Contract Documents:
List Addenda No's. ________________________________________________ E Attached hereto and by this reference incorporated herein and made a part of this Bid are the following forms which have been completed and executed by undersigned Bidder:
1. Designation of Subcontractors form.
2. Bidder Information and Experience form.
3. Non-collusion Declaration form.
4. Iran Contracting Act Certification form.
5. Public Works Contractor Registration Certification form.
6. Attached is the completed Wage Theft Certification form.
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7. Contractor’s Certificate Regarding Workers’ Compensation form.
8. Bid Guarantee in the amount of not less than 10% of the Total Bid Price.
F If awarded a contract, the undersigned hereby agrees to sign the contract and furnish the necessary bonds and certificates of insurance within fourteen (14) days after the City provides the successful bidder with the Notice of Award.
G Upon receipt of the signed contract and other required documents, the contract will be executed by the City, after which the City will prepare a letter giving Contractor Notice to Proceed. The official starting date shall be the date of the Notice to Proceed, unless otherwise specified. The undersigned agrees to begin the Work within ten (10) working days of the date of the Notice to Proceed, unless otherwise specified.
H Bidder is an individual ______, or corporation ______, or partnership ______, organized under the laws of the State of _______________________________.
I Bidder represents and confirms that license(s) required by California State Contractor’s License Law for the performance of the subject project are in full effect and proper order. The following are the Bidder’s applicable license number(s), with their expiration date(s) and class of license(s):
If the Bidder is a joint venture, each member of the joint venture must include the required licensing information.
(SIGNATURES CONTINUED ON NEXT PAGE)
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J The undersigned that the representations made herein herein are true and correct and all of the information submitted in connection with this Bid are made under penalty of perjury under the laws of the State of California.
Executed at _________________________, on this ____ day of __________, _____. (Bidder’s Name – Print or Type)
(Name and Title) (Corporate Seal)
(Signature)
Names of individual members of firm or names and titles of all officers of corporation and their addresses are listed below:
Name Title
Complete Address
Phone Fax
Name Title
Complete Address
Phone Fax
Name Title
Complete Address
Phone Fax
Name Title
Complete Address
Phone Fax
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1.2 BID SCHEDULE
NO. ITEM DESCRIPTION
EST
QTY
UNIT OF
MEASURE
UNIT
PRICE
TOTAL ITEM
PRICE
1. Mobilization and Demobilization (max 5%) 1 LS
2. Traffic Control 1 LS
3. Dewatering 1 LS
4. Replacement of 14-inch Water Valve at
Location #1 (Caltrans ROW)
1 LS
5. Replacement of 14-inch Water Valve at
Location #2 (Caltrans ROW)
1 LS
6. Replacement of 12-inch Water Valve at
Location #3 (Caltrans ROW)
1 LS
7. Replacement of 12-inch Water Main, Fire
Hydrant and Valves at Location #4
1 LS
8. Replacement of 8-inch Water Valve at
Location #5
1 LS
9. Replacement of 16-inch Water Valve at
Location #6
1 LS
10 Installation of New 16-inch Water Valve at
Location #7
1 LS
11 Water & Fire Service Bypass (high lining) 1 LS
TOTAL BASE BID PRICE
Bidders must provide pricing for every bid item. The costs for any Work shown or required in the Contract Documents, but not specifically identified as a line item are to be included in the related line items and no additional compensation shall be due to Contractor for the performance of the Work.
In case of discrepancy between the Unit Price and the Total Item Price set forth for a unit basis item, the unit price shall prevail and shall be utilized as the basis for determining the lowest responsive, responsible Bidder. However, if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any cause, or is omitted, or is the same amount as the entry in the “Item Price” column, then the amount set forth in the “Item Price” column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the Unit Price.
For purposes of evaluating Bids, the City will correct any apparent errors in the extension of unit prices and any apparent errors in the addition of lump sum and extended prices.
The estimated quantities for Unit Price items are for purposes of comparing Bids only and the City makes no representation that the actual quantities of work performed will not vary from the
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estimates. Final payment shall be determined by the Engineer from measured quantities of work performed based upon the Unit Price.
If the Contract Documents specify Alternate Bid items, the following Alternate Bid amounts shall be added to or deducted from the Total Bid Price entered above (please check the appropriate box), in the City’s sole discretion. The City can choose to include any, all, or none of the Alternate Bid items in the Work. If the City selects any of the Alternate Bid items, the corresponding Alternate Bid prices shall be added to or deducted from Base Bid Price for the Work. The City can award/select Alternate Bid items at any time(s).
ALTERNATE
BIDS
BID PRICE
(IN WRITTEN FORM)
BID PRICE
(IN NUMBERS)
ALTERNATE #1
☐ Add ☐ Deduct
ALTERNATE #2
☐ Add ☐ Deduct
ALTERNATE #3
☐ Add ☐ Deduct
ALTERNATE #4
☐ Add ☐ Deduct
ALTERNATE #5
☐ Add ☐ Deduct
ALTERNATE #6
☐ Add ☐ Deduct
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1.3 List of Subcontractors
In compliance with the Subletting and Subcontracting Fair Practices Act Chapter 4 (commencing at Section 4100), Part 1, Division 2 of the Public Contract Code of the State of California and any amendments thereof, Bidder shall set forth below: (a) the name and the location of the place of business, (b) the California contractor license number, (c) the DIR public works contractor registration number unless exempt pursuant to Labor Code Sections 1725.5 and 1771.1, and (d) the portion of the work which will be done by each subcontractor who will perform work or labor or render service to the Bidder in or about the construction of the work or improvement to be performed under this Contract in an amount in excess of one-half of one percent (0.5%) of the Bidder’s Total Bid Price. Notwithstanding the foregoing, if the work involves the construction of streets and highways, then the Bidder shall list each subcontractor who will perform work or labor or render service to the Bidder in or about the work in an amount in excess of one-half of one percent (0.5%) of the Bidder’s Total Bid Price or $10,000, whichever is greater. No additional time shall be granted to provide the below requested information.
If a Bidder fails to specify a subcontractor or if a contractor specifies more than one subcontractor for the same portion of work, then the Bidder shall be deemed to have agreed that it is fully qualified to perform that portion of work and that it shall perform that portion itself.
As stated in the Instructions to Bidders, Bidder is required to complete at least 50% of the contract value with its own forces. Bidder shall indicate the value of each subcontractor’s work and the sum may not exceed the allowable amount.
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Work to be done by
Subcontractor Name of Subcontractor Location of Business CSLB Contractor
License No.
DIR
Registration
Number
% of the
Work
(Attach additional sheets if necessary)
Name of Bidder
Signature
Name and Title
Dated
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1.4 Bidder Information and Experience Form
A. INFORMATION ABOUT BIDDER
NOTE: Indicate not applicable (“N/A”) where appropriate. If Bidder is a joint venture, pages shall be duplicated, and information provided for all parties to the joint venture.
1.0 Name of Bidder:
2.0 Type, if Entity:
3.0 Bidder Address:
Facsimile Number Telephone Number
Email Address
4.0 How many years has Bidder’s organization been in business as a Contractor?
5.0 How many years has Bidder’s organization been in business under its present name?
5.1. Under what other or former names has Bidder’s organization operated?
6.0 If Bidder’s organization is a corporation, answer the following:
6.1. Date of Incorporation:
6.2. State of Incorporation:
6.3. President’s Name:
6.4. Vice-President’s Name(s):
6.5. Secretary’s Name:
6.6. Treasurer’s Name:
7.0 If an individual or a partnership, answer the following:
7.1. Date of Organization:
7.2. Name and address of all partners (state whether general or limited partnership):
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8.0 If other than a corporation or partnership, describe organization and name principals:
9.0 List other states in which Bidder’s organization is legally qualified to do business.
10.0 What type of work does the Bidder normally perform with its own forces?
11.0 Has Bidder ever failed to complete any work awarded to it? If so, note when, where, and why:
12.0 Within the last five years, has any officer or partner of Bidder’s organization ever been an officer or partner of another organization when it failed to complete a contract? If so, attach a separate sheet of explanation:
13.0 List Trade References:
14.0 List Bank References (Bank and Branch Address):
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15.0 Name of Bonding Company and Name and Address of Agent:
[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
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B. LIST OF CURRENT PROJECTS (BACKLOG)
[**Duplicate Page if needed for listing additional current projects.**] Project Name, &
Owner Contact
Information
Description of
Bidder’s Work
Completion Date Cost of Bidder’s
Work
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C. LIST OF COMPLETED PROJECTS – LAST THREE YEARS
[**Duplicate Page if needed for listing additional completed projects.**] Project Name, &
Owner Contact
Information
Description of
Bidder’s Work
Completion Date Cost of Bidder’s
Work
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D. EXPERIENCE AND TECHNICAL QUALIFICATIONS QUESTIONNAIRE Personnel:
The Bidder shall identify the key personnel to be assigned to this project in a management, construction supervision or engineering capacity.
1. List each person’s job title, name and percent of time to be allocated to this project:
2. Summarize each person’s specialized education:
3. List each person’s years of construction experience relevant to the project:
4. Summarize such experience:
Bidder agrees that personnel named in this Bid will remain on this Project until completion of all relevant Work, unless substituted by personnel of equivalent experience and qualifications approved in advance by the City.
Additional Bidder’s Statements:
If the Bidder feels that there is additional information which has not been included in the questionnaire above, and which would contribute to the qualification review, it may add that information in a statement here or on an attached sheet, appropriately marked:
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E. VERIFICATION AND EXECUTION
These Bid Forms shall be executed only by a duly authorized official of the Bidder:
I declare under penalty of perjury under the laws of the State of California that the foregoing information is true and correct:
Name of Bidder
Signature
Name
Title
Date
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1.5 Non-Collusion Declaration
The undersigned declares:
I am the ___________________ of ______________________________, the party making the foregoing Bid.
The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The Bid is genuine and not collusive or sham.
The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid Price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid Price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not, directly or indirectly, submitted his or her Bid Price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the Bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on __________ [date], at ___________________ [city], ___________________ [state].
Name of Bidder
Signature
Name
Title
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1.6 Iran Contracting Act Certification.
(Public Contract Code section 2200 et seq.)
As required by California Public Contract Code Section 2204, the Contractor certifies subject to penalty for perjury that the option checked below relating to the Contractor’s status in regard to the Iran Contracting Act of 2010 (Public Contract Code Section 2200 et seq.) is true and correct:
☐ The Contractor is not:
(1) identified on the current list of person and entities engaged in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203; or (2) a financial instruction that extends, for 45 days or more, credit in the amount of $20,000,000 or more to any other person or entity identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203, if that person or entity uses or will use the credit to provide goods or services in the energy sector in Iran. ☐ The City has exempted the Contractor from the requirements of the Iran Contracting Act of 2010 after making a public finding that, absent the exemption, the City will be unable to obtain the goods and/or services to be provided pursuant to the Contract. ☐ The amount of the Contract payable to the Contractor for the Project does not exceed $1,000,000.
Signature:
Printed Name:
Title:
Firm Name:
Date:
Note: In accordance with Public Contract Code Section 2205, false certification of this form shall be reported to the California Attorney General and may result in civil penalties equal to the greater of $250,000 or twice the Contract amount, termination of the Contract and/or ineligibility to bid on contracts for three years.
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1.7 Public Works Contractor Registration Certification
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/PublicWorks/PublicWorks.html for additional information.
No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work.
Bidder hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.1
Name of Bidder:
DIR Registration Number:
DIR Registration Expiration:_________________________
Small Project Exemption: _____ Yes or _____ No
Unless Bidder is exempt pursuant to the small project exemption, Bidder further acknowledges:
1. Bidder shall maintain a current DIR registration for the duration of the project.
2. Bidder shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project.
3. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.
Name of Bidder
Signature
Name and Title
Dated
1 If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark “Yes” in response to “Small Project Exemption.”
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1.8 Wage Theft Certification
The Bidder certifies subject to penalty for perjury that the option checked below relating to the Bidder and its subcontractors’ status in regard to wage theft is true and correct:
Neither the Bidder nor any of its subcontractors have been found by a final court order or administrative action of an investigatory government agency to have violated federal, state or local wage and hour laws, including but not limited to the federal Fair Labor Standards Act, the California Labor Code and the Milpitas Minimum Wage Ordinance, within the past five (5) years from the bid submission deadline.
The Bidder or its subcontractors have been found by a final court order or administrative action of an investigatory government agency to have violated federal, state or local wage and hour laws, including but not limited to the federal Fair Labor Standards Act, the California Labor Code and the Milpitas Minimum Wage Ordinance, within the past five (5) years from the bid submission deadline. For each violation, the Bidder shall provide a copy of (i) the final court order and/or final administrative decision/action; and (ii) documents demonstrating either that the order/decision/action has been fully satisfied, or if the order/decision/action has not been fully satisfied, documents evidencing a payment or other alternative plan approved by the court/government agency to satisfy the order/decision/action and proof that the Bidder or its subcontractors are in compliance with that plan as of the bid submission deadline.
The City has exempted the Bidder from the requirements of the City of Milpitas Wage Theft Procurement Policy.
Signature:
Printed Name:
Title:
Firm Name:
Date:
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1.9 Contractor’s Certificate Regarding Workers’ Compensation.
I am aware of the provisions of section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract.
Name of Bidder
Signature
Name
Title
Dated ______________________________
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1.10 Bid Bond
Note: Not required when other form of Bidder’s Security, e.g. cash, certified check or cashier’s check, accompanies bid.
The makers of this bond are, _____________________________________________, as Principal, and ______________________________________________________, as Surety and are held and firmly bound unto the City of Milpitas, hereinafter called the City, in the penal sum of TEN PERCENT (10%) OF THE TOTAL BID PRICE of the Principal submitted to CITY for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying bid dated _____________, 20 ____, for E. CALAVERAS BLVD. & YOSEMITE DR. WATER VALVES REPLACEMENT Project No. 7118 & 7100.
If the Principal does not withdraw its Bid within the time specified in the Contract Documents; and if the Principal is awarded the Contract and provides all documents to the City as required by the Contract Documents; then this obligation shall be null and void. Otherwise, this bond will remain in full force and effect.
Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents shall in affect its obligation under this bond, and Surety does hereby waive notice of any such changes.
In the event a lawsuit is brought upon this bond by the City and judgment is recovered, the Surety shall pay all litigation expenses incurred by the City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and expenses.
IN WITNESS WHEREOF, the above-bound parties have executed this instrument under their several seals this _______ day of ________________, 20____, the name and corporate seal of each corporation.
(Corporate Seal)
Contractor/Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory Name(s) of Signer(s)
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER
Individual
DESCRIPTION OF ATTACHED DOCUMENT
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.
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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER
Individual
DESCRIPTION OF ATTACHED DOCUMENT
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached.
END OF BID BOND
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-35- 00 52 13 – CONTRACT
00 52 13 – CONTRACT
This CONTRACT, No. ________ is made and entered into this ____ day of _______, ______, by and between City of Milpitas, sometimes hereinafter called “City,” and _______________________________________________, sometimes hereinafter called “Contractor.”
WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:
a. SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5, below, for the following Project:
E. CALAVERAS BLVD. & YOSEMITE DR. WATER VALVES REPLACEMENT PROJECT NO. 7118 & 7100
The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.
b. TIME FOR COMPLETION. Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 160 calendar days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work. c. CONTRACT PRICE. The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of ____________________________________________________________________ Dollars ($_________________________________). Payment shall be made as set forth in the General Conditions.
d. LIQUIDATED DAMAGES. In accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum set forth in Section 00 73 13, Article 1.11 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents.
e. COMPONENT PARTS OF THE CONTRACT. The “Contract Documents” include the following:
Notice Inviting Bids
Instructions to Bidders
Bid Form
Bid Bond
Designation of Subcontractors
Information Required of Bidders
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-36- 00 52 13 – CONTRACT
Non-Collusion Declaration Form
Iran Contracting Act Certification
Public Works Contractor Registration Certification
Wage Theft Certification
Performance Bond
Payment (Labor and Materials) Bond
General Conditions
Special Conditions
Technical Specifications
Addenda
Plans and Drawings
Caltrans Standard Specifications, except Division 1
Caltrans Standard Plans
Applicable Local Agency Standards and Specifications, as last revised Approved and fully executed change orders
Any other documents contained in or incorporated into the Contract The Contractor shall complete the Work in strict accordance with all of the Contract Documents.
All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties.
f. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.
g. INDEMNIFICATION. Contractor shall provide indemnification and defense as set forth in the General Conditions.
h. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the City’s Administrative Office or may be obtained online at http://www.dir.ca.gov and which must be posted at the job site.
i. WAGE THEFT PREVENTION.
(a) Contractor, and any subcontractor it employs to complete work under this Contract, shall comply with all applicable federal, state and local wage and hour laws. Applicable laws may include, but are not limited to, the Federal Fair Labor Standards Act, the California Labor Code and the Milpitas Minimum Wage Ordinance.
(b) BY SIGNING THIS CONTRACT, CONTRACTOR AFFIRMS THAT IT HAS
DISCLOSED ANY FINAL JUDGMENTS, DECISIONS OR ORDERS FROM A COURT OR INVESTIGATORY GOVERNMENT AGENCY, FINDING IN THE FIVE (5) YEARS PRIOR TO
EXECUTING THIS CONTRACT THAT CONTRACTOR OR ITS SUBCONTRACTORS HAS VIOLATED ANY APPLICABLE WAGE AND HOUR LAWS. CONTRACTOR FURTHER
AFFIRMS THAT IT OR ITS SUBCONTRACTOR(S) HAS EITHER FULLY SATISFIED EACH
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JUDGMENT, DECISION OR ORDER, OR, IF ANY JUDGMENT, DECISION OR ORDER HAS
NOT BEEN FULLY SATISFIED, CONTRACTOR AFFIRMS THAT IT OR ITS
SUBCONTRACTOR(S) IS CURRENTLY SATISFYING SAID JUDGMENT, DECISION OR
ORDER THROUGH A PAYMENT OR ALTERNATIVE PLAN APPROVED BY THE APPLICABLE
COURT/GOVERNMENT AGENCY AND THAT CONTRACTOR OR ITS SUBCONTRACTOR(S)
ARE IN COMPLIANCE WITH SAID PLAN AS OF THE DATE OF EXECUTING THIS CONTRACT.
(c) If at any time during the term of this Contract, a court or investigatory government agency issues a final judgment, decision or order finding that Contractor or a subcontractor it employs to perform work under this Contract has violated any applicable wage and hour law, or Contractor learns of such a judgment, decision, or order that was not previously disclosed in its bid/proposal, Contractor shall inform the City no more than fifteen (15) calendar days after the judgment, decision or order becomes final or from the date of learning of the final judgment, decision or order. Contractor or its subcontractor(s) shall, within thirty (30) calendar days after notifying the City, either (i) fully satisfy any such judgment, decision, or order and provide the City with documentary evidence of satisfying said judgment, decision or order; or (ii) provide the City documentary evidence of a payment or other alternative plan approved by the court/government agency to satisfy the judgment, decision or order. If the Contractor or its subcontractor is subject to a payment or other alternative plan, the Contractor or its subcontractor shall continue to submit documentary evidence every thirty (30) calendar days during the term of the Contract demonstrating continued compliance with the plan until the judgment, decision or order has been fully satisfied.
(d) For purposes of this Section, a "final judgment, decision, or order" refers to one for which all appeals have been exhausted or the time period to appeal has expired. Relevant investigatory government agencies include: the United States Department of Labor, the California Division of Labor Standards Enforcement, the City, or any other governmental entity or division tasked with the investigation and enforcement of wage and hour laws. (e) Failure to comply with any part of this Section constitutes a material breach of this Contract. Such breach may serve as a basis for immediate termination of this Contract and/or any other remedies available under this Contract and/or law. (f) Notice provided to the City shall be addressed to: Attention: Finance Director, 455 E. Calaveras Blvd. Milpitas, CA 95035. The Notice provisions of this Section are separate from any other notice provisions in this Contract and, accordingly, only notice provided to the above address satisfies the notice requirements in this Section. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
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IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.
CITY OF MILIPITAS [INSERT NAME OF CONTRACTOR]
By __________________________ By: _____________________________ Ned Thomas, City Manager
Its: _____________________________
__________________________
Printed
Name: _____________________________
Date
(CONTRACTOR’S SIGNATURE MUST BE
NOTARIZED AND CORPORATE
SEAL AFFIXED, IF APPLICABLE)
APPROVED AS TO FORM:
By: _________________________________
Michael Mutalipassi, City Attorney
APPROVED:
By: ___________________________________
Luz Cofresi-Howe
Finance Director/Risk Manager
APPROVED AS TO CONTENT:
By: ___________________________________
Christian Di Renzo, Public Works Director
END OF CONTRACT
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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER
Individual
DESCRIPTION OF ATTACHED DOCUMENT
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
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00 61 13 – BOND FORMS
1.1 Performance Bond.
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of Milpitas, (hereinafter referred to as “City”) has awarded to _________________________, (hereinafter referred to as the “Contractor”) an agreement for ____________________________________, (hereinafter referred to as the “Project”).
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, ______________________, the undersigned Contractor and ________________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of ___________________________ DOLLARS, ($____________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one (1) year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officials, officers, employees, and authorized volunteers, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorney’s fees, incurred by City in enforcing such obligation.
As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship.
The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15.
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-41- 00 61 13 – BOND FORMS
Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
i Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
ii Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
iii Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
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-42- 00 61 13 – BOND FORMS
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20___.
(Corporate Seal)
Contractor/Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
(The rate of premium on this bond is ____________ per thousand. The total amount of premium charges is $_______________________________.
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety)
(Name and Address of Agent or
Representative for service of
process in California, if different
from above)
(Telephone number of Surety
and Agent or Representative for
service of process in California)
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-43- 00 61 13 – BOND FORMS
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER
Individual
DESCRIPTION OF ATTACHED DOCUMENT
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.
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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER
Individual
DESCRIPTION OF ATTACHED DOCUMENT
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of Attorney to local representatives of the bonding company must also be attached.
END OF PERFORMANCE BOND
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1.2 Payment Bond (Labor and Materials).
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Milpitas (hereinafter designated as the “City”), by action taken or a resolution passed _______________ , 20_____, has awarded to ________________________ hereinafter designated as the “Principal,” a contract for the work described as follows:
__________________________________ (the “Project”); and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of ______________ Dollars ($___________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Civil Code Section 9100, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Revenue and Taxation Code Section 18663, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by the City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses.
This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon this bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that
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this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Civil Code Section 9100, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER
Individual
DESCRIPTION OF ATTACHED DOCUMENT
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.
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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER
Individual
DESCRIPTION OF ATTACHED DOCUMENT
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached.
END OF PAYMENT BOND
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GENERAL CONDITIONS
TABLE OF CONTENTS
Page
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TABLE OF CONTENTS
00 72 13 – GENERAL CONDITIONS.........................................................................................52 ARTICLE 1 DEFINED TERMS...............................................................................................52 ARTICLE 2 CONTRACT DOCUMENTS................................................................................56 ARTICLE 3 PRECONSTRUCTION AND CONSTRUCTION COMMUNICATION.................57 ARTICLE 4 CONTRACT DOCUMENTS: COPIES & MAINTENANCE.................................57 ARTICLE 5 EXAMINATION OF DRAWINGS, SPECIFICATIONS AND SITE OF WORK.................................................................................................................57 ARTICLE 6 EXISTENCE OF UTILITIES AT THE WORK SITE.............................................58 ARTICLE 7 SOILS INVESTIGATIONS ..................................................................................59 ARTICLE 8 ARTICLE 8. CONTRACTOR’S SUPERVISION .................................................59 ARTICLE 9 WORKERS .........................................................................................................59 ARTICLE 10 INDEPENDENT CONTRACTORS .....................................................................60 ARTICLE 11 SUBCONTRACTS ..............................................................................................60 ARTICLE 12 VERIFICATION OF EMPLOYMENT ELIGIBILITY .............................................60 ARTICLE 13 REQUESTS FOR SUBSTITUTION ....................................................................60 ARTICLE 14 SHOP DRAWINGS.............................................................................................62 ARTICLE 15 SUBMITTALS .....................................................................................................62 ARTICLE 16 MATERIALS .......................................................................................................63 ARTICLE 17 PERMITS AND LICENSES ................................................................................63 ARTICLE 18 TRENCHES ........................................................................................................64 ARTICLE 19 DIVERSION OF RECYCLABLE WASTE MATERIALS ......................................65 ARTICLE 20 REMOVAL OF HAZARDOUS MATERIALS .......................................................65 ARTICLE 21 SANITARY FACILITIES......................................................................................65 ARTICLE 22 AIR POLLUTION CONTROL..............................................................................65 ARTICLE 23 LAYOUT AND FIELD ENGINEERING ...............................................................66 ARTICLE 24 TESTS AND INSPECTIONS ..............................................................................66 ARTICLE 25 PROTECTION OF WORK AND PROPERTY.....................................................67 ARTICLE 26 CONTRACTOR’S MEANS AND METHODS......................................................67 ARTICLE 27 AUTHORIZED REPRESENTATIVES.................................................................67 ARTICLE 28 HOURS OF WORK.............................................................................................67 ARTICLE 29 PAYROLL RECORDS ........................................................................................68 ARTICLE 30 PREVAILING RATES OF WAGES.....................................................................70
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TABLE OF CONTENTS
ARTICLE 31 PUBLIC WORKS CONTRACTOR REGISTRATION..........................................70 ARTICLE 32 EMPLOYMENT OF APPRENTICES ..................................................................71 ARTICLE 33 NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY....................71 ARTICLE 34 DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS......................72 ARTICLE 35 LABOR/EMPLOYMENT SAFETY ......................................................................72 ARTICLE 36 INSURANCE.......................................................................................................72 ARTICLE 37 FORM AND PROOF OF CARRIAGE OF INSURANCE.....................................75 ARTICLE 38 TIME FOR COMPLETION AND LIQUIDATED DAMAGES................................76 ARTICLE 39 SCHEDULE OF VALUES, COST BREAKDOWN AND PERIODIC ESTIMATES .......................................................................................................77 ARTICLE 40 PROGRESS ESTIMATES AND PAYMENT .......................................................78 ARTICLE 41 SECURITIES FOR MONEY WITHHELD............................................................79 ARTICLE 42 CHANGES AND EXTRA WORK. .......................................................................80 ARTICLE 43 FINAL ACCEPTANCE AND PAYMENT .............................................................93 ARTICLE 44 OCCUPANCY.....................................................................................................94 ARTICLE 45 INDEMNIFICATION............................................................................................94 ARTICLE 46 PROCEDURE FOR RESOLVING DISPUTES ...................................................95 ARTICLE 47 CITY’S RIGHT TO TERMINATE CONTRACT....................................................95 ARTICLE 48 WARRANTY AND GUARANTEE OF WORK ...................................................101 ARTICLE 49 DOCUMENT RETENTION & EXAMINATION ..................................................104 ARTICLE 50 SEPARATE CONTRACTS ...............................................................................104 ARTICLE 51 NOTICE AND SERVICE THEREOF.................................................................104 ARTICLE 52 NOTICE OF THIRD PARTY CLAIMS...............................................................105 ARTICLE 53 STATE LICENSE BOARD NOTICE .................................................................105 ARTICLE 54 INTEGRATION .................................................................................................105 ARTICLE 55 ASSIGNMENT OF CONTRACT .......................................................................105 ARTICLE 56 CHANGE IN NAME AND NATURE OF CONTRACTOR’S LEGAL ENTITY ....105 ARTICLE 57 ASSIGNMENT OF ANTITRUST ACTIONS......................................................105 ARTICLE 58 PROHIBITED INTERESTS...............................................................................106 ARTICLE 59 CONTROLLING LAW .......................................................................................106 ARTICLE 60 JURISDICTION; VENUE ..................................................................................106 ARTICLE 61 LAWS AND REGULATIONS ............................................................................106
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ARTICLE 62 PATENTS .........................................................................................................106 ARTICLE 63 OWNERSHIP OF CONTRACT DOCUMENTS.................................................107 ARTICLE 64 NOTICE OF TAXABLE POSSESSORY INTEREST ........................................107 ARTICLE 65 SURVIVAL OF OBLIGATIONS.........................................................................107
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00 72 13 – GENERAL CONDITIONS
ARTICLE 1 DEFINED TERMS
Whenever used in the Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined below, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms.
A. Act of God – An earthquake of magnitude of 3.5 or higher on the Richter scale or a tidal wave.
B. Addenda -- Written or graphic instruments issued prior to the submission of Bids which clarify, correct, or change the Contract Documents.
C. Additional Work -- New or unforeseen work will be classified as “Additional Work” when the City’s Representative determines that it is not covered by the Contract.
D. Applicable Laws -- The laws, statutes, ordinances, rules, codes, regulations, permits, and licenses of any kind, issued by local, state or federal governmental authorities or private authorities with jurisdiction (including utilities), to the extent they apply to the Work.
E. Bid -- The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices and other terms for the Work to be performed.
F. Bidder -- The individual or entity who submits a Bid directly to the City.
G. Caltrans Standard Specifications - Standard Specifications of the State of California, Department of Transportation, 2023 Edition. Any reference therein to a State agency or officer shall be interpreted as if the corresponding City office or agent acting under this contract were so specified.
H. Caltrans Standard Plans - Standard plans of the State of California, Department of Transportation, 2023 Edition. All metric measurements or quantities in the Caltrans Standard Plans shall be disregarded, and equivalent United States measures used.
I. Change Order (“CO”) -- A document that authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Contract, in accordance with the Contract Documents and in the form contained in the Contract Documents.
J. Change Order Request (“COR”) -- A request made by the Contractor for an adjustment in the Contract Price and/or Contract Times as the result of a Contractor-claimed change to the Work. This term may also be referred to as a Change Order Proposal (“COP”), or Request for Change (“RFC”).
K. City -- The City of Milpitas.
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L. City Council, Council -- The City Council of the City.
M. City’s Representative -- The individual or entity as identified in the Special Conditions to act as the City’s Representative.
N. Claim -- A demand or assertion by the City or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim.
O. Contract -- The entire integrated written agreement between the City and Contractor concerning the Work. “Contract” may be used interchangeably with “Agreement” in the Contract Documents. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral, and includes all Contract Documents.
P. Contract Documents -- The documents listed in Section 00 52 13, Article 5. Some documents provided by the City to the Bidders and Contractor, including but not limited to reports and drawings of subsurface and physical conditions are not Contract Documents.
Q. Contract Price -- Amount to be paid by the City to the Contractor as full compensation for the performance of the Contract and completion of the Work, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs.
R. Contract Times -- The number of days or the dates stated in the Contract Documents to: achieve defined Milestones, if any; and to complete the Work so that it is ready for final payment.
S. Contractor -- The individual or entity with which the City has contracted for performance of the Work.
T. Contractor’s Designated On-Site Representative -- The Contractor’s Designated On-Site Representative will be as identified in Section 00 72 13, Article 3 and shall not be changed without prior written consent of the City.
U. Daily Rate -- The Daily Rate stipulated in the Contract Documents as full compensation to the Contractor due to the City’s unreasonable delay to the Project that was not contemplated by the parties.
V. Day -- A calendar day of 24 hours measured from midnight to the next midnight.
W. Defective Work -- Work that is unsatisfactory, faulty, or deficient; or that does not conform to the Contract Documents; or that does not meet the requirements of any inspection, reference standard, test, or approval referenced in the Contract Documents.
X. Demobilization -- The complete dismantling and removal by the Contractor of all of the Contractor’s temporary facilities, equipment, and personnel at the Site.
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Y. Drawings -- That part of the Contract Documents prepared by of the Engineer of Record which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined.
Z. Effective Date of the Contract -- The date indicated in the Contract on which it becomes effective, but if no such date is indicated, it means the date on which the Contract is signed and delivered by the last of the two parties to sign and deliver.
AA. Engineer, whenever not qualified, shall mean the City Engineer or its designee, acting either directly or through properly authorized agents, such agents acting severally within the scope of the particular duties entrusted to them. On all questions concerning the acceptance of materials, machinery, the classifications of material, the execution of work, conflicting interest of the contractors performing related work and the determination of costs, the decision of the Engineer, duly authorized by the City Council, shall be binding and final upon both parties.
BB. Engineer of Record -- The individual, partnership, corporation, joint venture, or other legal entity named as such in Section 00 73 13, Article 1.1. or any succeeding entity designated by the City.
CC. Hazardous Waste -- The term “Hazardous Waste” shall have the meaning provided in Section 104 of the Solid Waste Disposal Act (42 U.S.C. § 6903) as amended from time to time or, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a class I, class II, or class III disposal site in accordance with provisions of existing law, whichever is more restrictive.
DD. Holiday – The Holidays are defined as legal Federal, State, and City holidays including:
New Year’s Day - January 1
Martin Luther King Jr.'s Birthday – Third Monday in January President’s Day – Third Monday in February
Cesar Chaves Day – March 31
Memorial Day - Last Monday in May
Independence Day - July 4
Labor Day - First Monday in September
Veteran’s Day - November 11
Thanksgiving Day - Fourth Thursday in November
Friday after Thanksgiving
Christmas Eve – December 24
Christmas Day - December 25
If any Holiday listed above falls on a Saturday, Saturday and the preceding Friday are both Holidays. If the Holiday should fall on a Sunday, Sunday and the following Monday are both Holidays.
EE. Notice of Award -- The written notice by the City to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, the City will sign and deliver the Contract.
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FF. Notice of Completion -- The form which may be executed by the City and recorded by the county where the Project is located constituting final acceptance of the Project.
GG. Notice to Proceed -- A written notice given by the City to Contractor fixing the date on which the Contractor may proceed with the Work and when Contract Times will commence to run.
HH. Project -- The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part.
II. Recyclable Waste Materials -- Materials removed from the Site which are required to be diverted to a recycling center rather than an area landfill. Recyclable Waste Materials include asphalt, concrete, brick, concrete block, and rock.
JJ. Schedule of Submittals -- A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to facilitate scheduled performance of related construction activities.
KK. Shop Drawings -- All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work.
LL. Specifications -- That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto.
MM. Stop Payment Notice -- A written notice as defined in Civil Code section 8044.
NN. Subcontractor -- An individual or entity other than a Contractor having a contract with any other entity than the City for performance of any portion of the Work at the Site.
OO. Submittal -- Written and graphic information and physical samples prepared and supplied by the Contractor demonstrating various portions of the Work.
PP. Successful Bidder -- The Bidder submitting a responsive Bid to whom the City makes an award.
QQ. Supplier -- A manufacturer, fabricator, supplier, distributor, material man, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment used in the performance of the Work or to be incorporated in the Work.
RR. Underground Facilities -- All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems.
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SS. Unit Price Work -- Work to be paid for on the basis of unit prices as provided by the Contractor in its bid or as adjusted in accordance with the Contract Documents.
TT. Warranty -- A written guarantee provided to the City by the Contractor that the Work will remain free of defects and suitable for its intended use for the period required by the Contract Documents or the longest period permitted by the law of this State, whichever is longer.
UU. Work -- The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents.
ARTICLE 2 CONTRACT DOCUMENTS
A. Contract Documents. The Contract Documents are complementary, and what is called for by one shall be as binding as if called for by all.
B. Interpretations. The Contract Documents are intended to be fully cooperative and complementary. If the Contractor observes that any documents are in conflict, the Contractor shall promptly notify the Engineer in writing. In case of conflicts between the Contract Documents, the order of precedence shall be as follows:
1. Change Orders
2. Contract
3. Addenda
4. Special Conditions
5. Technical Specifications
6. Plans (Contract Drawings)
7. General Conditions
8. Instructions to Bidders
9. Notice Inviting Bids
10. Contractor’s Bid Forms
11. City Standard Specifications
12. City Standard Drawings
13. Caltrans Standard Specifications, except Division 1
14. Caltrans Standard Plans
15. Reference Documents
With reference to the Drawings, the order of precedence shall be as follows:
1. Figures govern over scaled dimensions
2. Detail drawings govern over general drawings
3. Addenda or Change Order drawings govern over Contract Drawings
4. Contract Drawings govern over Standard Drawings
5. Contract Drawings govern over Shop Drawings
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C. Conflicts in Contract Documents. Notwithstanding the orders of precedence established above, in the event of conflicts, the higher standard, higher quality, and most expensive shall always apply.
D. Organization of Contract Documents. Organization of the Contract Documents into divisions, sections, and articles, and arrangement of drawings shall not control the Contractor in dividing Project Work among subcontractors or in establishing the extent of Work to be performed by any trade.
ARTICLE 3 PRECONSTRUCTION AND CONSTRUCTION COMMUNICATION Before any Work at the site is started, a conference attended by the City, Contractor, City’s Representative, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to herein, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records.
At this conference the City and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit instructions, receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party.
ARTICLE 4 CONTRACT DOCUMENTS: COPIES & MAINTENANCE
Contractor will be furnished, free of charge, five (5) copies of the Contract Documents. Additional copies may be obtained at cost of reproduction.
Contractor shall maintain a clean, undamaged set of Contract Documents, including submittals, at the Project site.
ARTICLE 5 EXAMINATION OF DRAWINGS, SPECIFICATIONS AND SITE OF WORK A. Examination of Contract Documents. Before commencing any portion of the Work, Contractor shall again carefully examine all applicable Contract Documents, the Project site, and other information given to Contractor as to materials and methods of construction and other Project requirements. Contractor shall immediately notify the Engineer of any potential error, inconsistency, ambiguity, conflict, or lack of detail or explanation. If Contractor performs, permits, or causes the performance of any Work which is in error, inconsistent or ambiguous, or not sufficiently detailed or explained, Contractor shall bear any and all resulting costs, including, without limitation, the cost of correction. In no case shall the Contractor or any subcontractor proceed with Work if uncertain as to the applicable requirements.
B. Additional Instructions. After notification of any error, inconsistency, ambiguity, conflict, or lack of detail or explanation, the Engineer will provide any required additional instructions, by means of drawings or other written direction, necessary for proper execution of Work.
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C. Quality of Parts, Construction and Finish. All parts of the Work shall be of the best quality of their respective kinds and the Contractor must use all diligence to inform itself fully as to the required construction and finish.
D. Contractor’s Variation from Contract Document Requirements. If it is found that the Contractor has varied from the requirements of the Contract Documents including the requirement to comply with all applicable laws, ordinances, rules and regulations, the Engineer may at any time, before or after completion of the Work, order the improper Work removed, remade or replaced by the Contractor at the Contractor’s expense.
ARTICLE 6 EXISTENCE OF UTILITIES AT THE WORK SITE
A. The City has endeavored to determine the existence of utilities at the Project site from the records of the owners of known utilities in the vicinity of the Project. The positions of these utilities as derived from such records are shown on the Plans.
B. Unless indicated otherwise on the Plans and Specifications, no excavations were made to verify the locations shown for underground utilities. The service connections to these utilities may not be shown on the Plans. Any connections shown on the Plans are general locations. It shall be the responsibility of the Contractor to determine the exact location of all service connections. The Contractor shall make its own investigations, including exploratory excavations, to determine the locations and type of service connections, prior to commencing Work which could result in damage to such utilities. The Contractor shall immediately notify the City in writing of any utility discovered in a different position than shown on the Plans or which is not shown on the Plans.
C. If applicable, all water meters, water valves, fire hydrants, electrical utility vaults, telephone vaults, gas utility valves, and other subsurface structures shall be relocated or adjusted to final grade by the Contractor. Locations of existing utilities shown on the Plans are approximate and may not be complete. The Contractor shall be responsible for coordinating its Work with all utility companies during the construction of the Work.
D. Notwithstanding the above, pursuant to section 4215 of the Government Code, the City has the responsibility to identify, with reasonable accuracy, main or trunkline facilities on the plans and specifications. In the event that main or trunkline utility facilities are not identified with reasonable accuracy in the plans and specifications made a part of the invitation for Bids, the City shall assume the responsibility for their timely removal, relocation, or protection.
E. Contractor, except in an emergency, shall contact the appropriate regional notification center (USA North), Northern California Underground Service Alert at 811 or 1-800-227-2600 or on-line at usanorth811.org at least two working days prior to commencing any excavation if the excavation will be performed in an area which is known, or reasonably should be known, to contain subsurface installations other than the underground facilities owned or operated by the City, and obtain an inquiry identification number from that notification center. No excavation shall be commenced or carried out by the Contractor unless such an inquiry identification
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number has been assigned to the Contractor or any subcontractor of the Contractor and the City has been given the identification number by the Contractor.
ARTICLE 7 SOILS INVESTIGATIONS
A. Reports and Drawings. The Special Conditions identify:
1. those reports known to the City of explorations and tests of subsurface conditions at or contiguous to the site; and
2. those drawings known to the City of physical conditions relating to existing surface or subsurface structures at the site (except Underground Facilities).
B. Limited Reliance by Contractor on Technical Data Authorized. Contractor may rely upon the accuracy of the “technical data” contained in such reports and drawings, which were expressly not created or obtained to evaluate or assist in the evaluation of constructability and are not Contract Documents. Contractor shall make its own interpretation of the “technical data” and shall be solely responsible for any such interpretations. Except for reliance on the accuracy of such “technical data,” Contractor may not rely upon or make any claim against the City, City’s Representative, or Engineer of Record, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, with respect to:
1. the completeness of such reports and drawings for Contractor’s purposes, including without limitation any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or
2. other data, interpretations, opinions, conclusions and information contained in such reports or shown or indicated in such drawings; or
3. any Contractor interpretation of or conclusion drawn from any “technical data” or any such other data, interpretations, opinions, or information.
ARTICLE 8 CONTRACTOR’S SUPERVISION
Contractor shall continuously keep at the Project site, a competent and experienced full-time Project superintendent acceptable to the City. Superintendent must be able to proficiently speak, read and write in English and shall have the authority to make decisions on behalf of the Contractor. Contractor shall continuously provide efficient supervision of the Project.
ARTICLE 9 WORKERS
A. Contractor shall at all times enforce strict discipline and good order among its employees. Contractor shall not employ on the Project any unfit person or any one not skilled in the Work assigned to him or her.
B. Any person in the employ of the Contractor whom the City may deem incompetent or unfit shall be dismissed from the Work and shall not be employed on this Project.
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ARTICLE 10 INDEPENDENT CONTRACTORS
Contractor shall be an independent contractor for the City and not an employee. Contractor understands and agrees that it and all of its employees shall not be considered officers, employees, or agents of City and are not entitled to benefits of any kind normally provided employees of City, including but not limited to, state unemployment compensation or workers’ compensation. Contractor assumes full responsibility for the acts and omissions of its employees or agents related to the Work.
ARTICLE 11 SUBCONTRACTS
A. Contractor agrees to bind every subcontractor to the terms of the Contract Documents as far as such terms are applicable to subcontractor’s portion of the Work. Contractor shall be as fully responsible to the City for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by its subcontractors, as Contractor is for acts and omissions of persons directly employed by Contractor. Nothing contained in these Contract Documents shall create any contractual relationship between any subcontractor and the City.
B. The City reserves the right to accept all subcontractors. The City’s acceptance of any subcontractor under this Contract shall not in any way relieve Contractor of its obligations in the Contract Documents.
C. Prior to substituting any subcontractor listed in the Bid Forms, Contractor must comply with the requirements of the Subletting and Subcontracting Fair Practices Act pursuant to California Public Contract Code section 4100 et seq.
ARTICLE 12 VERIFICATION OF EMPLOYMENT ELIGIBILITY
By executing this Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subcontractors, sub-subcontractors and consultants to comply with the same. Each person executing this Contract on behalf of Contractor verifies that he or she is a duly authorized officer of Contractor and that any of the following shall be grounds for the City to terminate the Contract for cause: (1) failure of the Contractor or its subcontractors, sub-subcontractors or consultants to meet any of the requirements provided for in this Article; (2) any misrepresentation or material omission concerning compliance with such requirements; or (3) failure to immediately remove from the Work any person found not to be in compliance with such requirements.
ARTICLE 13 REQUESTS FOR SUBSTITUTION
A. For the purposes of this provision, the term “substitution” shall mean the substitution of any material, method or service substantially equal to or better in every respect to that indicated in the Standard Specifications or otherwise referenced herein.
B. Pursuant to Public Contract Code section 3400(b), the City may make a finding that is described in the Notice Inviting Bids that designates certain products, things, or services by specific brand or trade name.
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C. Unless specifically designated in the Special Conditions, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such specifications shall be deemed to be used for the purpose of facilitating the description of the material, process, or article desired and shall be deemed to be followed by the words “or equal.” Contractor may, unless otherwise stated, offer for substitution any material, process, or article which may be substantially equal to or better in every respect to that so indicated or specified in the Contract Documents. However, the City has adopted uniform standards for certain materials, processes, and articles.
D. The Contractor shall submit substitution requests, together with substantiating data, for substitution of any “or equal” material, process, or article no later than 15 (15) calendar days after award of Contract. Provisions regarding submission of substitution requests shall not in any way authorize an extension of time for the performance of this Contract. If a substitution request is rejected by the City, the Contractor shall provide the material, method or service specified herein. The City shall not be responsible for any costs incurred by the Contractor associated with substitution requests. The burden of proof as to the equality of any material, process, or article shall rest with the Contractor. The Engineer has the complete and sole discretion to determine if a material, process, or article is substantially equal to or better than that specified and to approve or reject all substitution requests.
E. Substantiating data as described above shall include, at a minimum, the following information:
1. A signed affidavit from the Contractor stating that the material, process, or article proposed as a substitution is substantially equal to or better than that specified in every way except as may be listed on the affidavit.
2. Illustrations, specifications, catalog cut sheets, and any other relevant data required to prove that the material, process, or article is substantially equal to or better than that specified.
3. A statement of the cost implications of the substitution being requested, indicating whether and why the proposed substitution will reduce or increase the amount of the contract.
4. Information detailing the durability and lifecycle costs of the proposed substitution.
F. Failure to submit all the required substantiating data detailed above in a timely manner so that the substitution request can be adequately reviewed may result in rejection of the substitution request. The Engineer is not obligated to review multiple submittals related the same substitution request resulting from the Contractor’s failure to initially submit a complete package.
G. Time limitations within this Article shall be strictly complied with and in no case will an extension of time for completion of the contract be granted because of Contractor’s failure to provide substitution requests at the time and in the manner described herein.
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H. The Contractor shall bear the costs of all City work associated with the review of substitution requests.
I. If substitution requests approved by the Engineer require that Contractor furnish materials, methods or services more expensive than that specified, the increased costs shall be borne by Contractor.
ARTICLE 14 SHOP DRAWINGS
A. Contractor shall check and verify all field measurements and shall submit with such promptness as to provide adequate time for review and cause no delay in its own Work or in that of any other contractor, subcontractor, or worker on the Project, six (6) copies of all shop drawings, calculations, schedules, and materials list, and all other provisions required by the Contract Documents. Contractor shall sign all submittals affirming that submittals have been reviewed and approved by Contractor prior to submission to Engineer. Each signed submittal shall affirm that the submittal meets all the requirements of the Contract Documents except as specifically and clearly noted and listed on the transmittal letter of the submittal.
B. Contractor shall make any corrections required by the Engineer, and file with the Engineer six (6) corrected copies each, and furnish such other copies as may be needed for completion of the Work. Engineer’s acceptance of shop drawings shall not relieve Contractor from responsibility for deviations from the Contract Documents unless Contractor has, in writing, called Engineer’s attention to such deviations at time of submission and has secured the Engineer’s written acceptance. Engineer’s acceptance of shop drawings shall not relieve Contractor from responsibility for errors in shop drawings.
ARTICLE 15 SUBMITTALS
A. Contractor shall furnish to the Engineer for approval, prior to purchasing or commencing any Work, a log of all samples, material lists and certifications, mix designs, schedules, and other submittals, as required in the Contract Documents.
The log shall indicate whether samples will be provided in accordance with other provisions of this Contract.
B. Contractor will provide samples and submittals, together with catalogs and supporting data required by the Engineer, to the Engineer within a reasonable time period to provide for adequate review and avoid delays in the Work.
C. These requirements shall not authorize any extension of time for performance of this Contract. Engineer will check and approve such samples, but only for conformance with design concept of work and for compliance with information given in the Contract Documents. Work shall be in accordance with approved samples and submittals.
D. See Section 01 33 00 for additional information.
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ARTICLE 16 MATERIALS
A. Except as otherwise specifically stated in the Contract Documents, Contractor shall provide and pay for all materials, labor, tools, equipment, lights, power, transportation, superintendence, temporary constructions of every nature, and all other services and facilities of every nature whatsoever necessary to execute and complete this Contract within specified time.
B. Unless otherwise specified, all materials shall be new and the best of their respective kinds and grades as noted and/or specified, and workmanship shall be of good quality.
C. Materials shall be furnished in ample quantities and at such times as to ensure uninterrupted progress of the Work and shall be stored properly and protected as required by the Contract Documents. Contractor shall be entirely responsible for damage or loss by weather or other causes to materials or Work.
D. No materials, supplies, or equipment for Work under this Contract shall be purchased subject to any chattel mortgage or under a conditional sale or other agreement by which an interest therein or in any part thereof is retained by the seller or supplier. Contractor warrants good title to all material, supplies, and equipment installed or incorporated in the Work and agrees upon completion of all work to deliver the Project, to the City free from any claims, liens, or charges.
E. Materials shall be stored on the Project site in such manner so as not to interfere with any operations of the City or any independent contractor.
F. Contractor shall verify all measurements, dimensions, elevations, and quantities before ordering any materials or performing any Work, and the City shall not be liable for Contractor’s failure to so. No additional compensation, over and above payment for the actual quantities at the prices set out in the Bid Form, will be allowed because of differences between actual measurements, dimension, elevations and quantities and those indicated on the Plans and in the Specifications. Any difference therein shall be submitted to the Engineer for consideration before proceeding with the Work.
G. The City shall provide compensation for actual quantities of materials installed in accordance with the Contract Documents and at the price set forth in the Contractor’s bid and/or executed change order. The City is not obligated to pay for materials stored on/off site but not yet installed in accordance with the Contract Documents.
ARTICLE 17 PERMITS AND LICENSES
A. Contractor shall obtain all other necessary permits and licenses for the construction of the Project, including encroachment permits, and shall pay all fees required by law and shall comply with all laws, ordinances, rules and regulations relating to the Work and to the preservation of public health and safety. Before acceptance of the Project, the Contractor shall submit all licenses, permits, certificates of inspection and required approvals to the City. Any construction permits required by City for performing any work on this project will be issued by
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City at no charge to Contractor. Contractor and all subcontractors shall maintain a City business license at all times they are performing the Work.
ARTICLE 18 TRENCHES
A. Trenches Five Feet or More in Depth. Contractor shall submit to the Engineer at the preconstruction meeting, a detailed plan showing the design of shoring, bracing, sloping or other provisions to be made for worker protection from hazards of caving ground during the excavation of any trench or trenches five feet or more in depth. If such plan varies from shoring system standards established by the Construction Safety Orders of the California Code of Regulations, Department of Industrial Relations, the plan shall be prepared by a California registered civil or structural engineer. The plan shall not be less effective than the shoring, bracing, sloping, or other provisions of the Construction Safety Orders, as defined in the California Code of Regulations. The Contractor shall designate in writing the “competent person” as defined in Title 8, California Code of Regulations, who shall be present at the Work Site each day that trenching/excavation is in progress. The “competent person” shall prepare and provide daily trenching/excavation inspection reports to the Engineer. Contractor shall also submit a copy of its annual California Occupational Safety and Health Administration (Cal/OSHA) trench/excavation permit.
B. Excavations Deeper than Four Feet. If the Work involves excavating trenches or other excavations that extend deeper than four feet below the surface, Contractor shall promptly, and before the excavation is further disturbed, notify the City in writing of any of the following conditions:
1. Material that the Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.
2. Subsurface or latent physical conditions at the site differing from those indicated.
3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract The City shall promptly investigate the conditions, and if it finds that the conditions do so materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the Work, shall issue a change order under the procedures described in the Contract Documents.
In the event that a dispute arises between the City and the Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s cost of, or time required for, performance of any part of the Work, the Contractor shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all Work to be performed under the Contract. Contractor shall retain any and all rights provided
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either by contract or by law which pertain to the resolution of disputes and protests between the parties.
ARTICLE 19 DIVERSION OF RECYCLABLE WASTE MATERIALS
In compliance with the applicable City’s waste reduction and recycling efforts, Contractor shall divert all Recyclable Waste Materials to appropriate recycling centers as required for compliance with the local jurisdiction’s waste diversion ordinances, and provide the City Engineer with detailed records and quantities of the materials that were sent to recycling centers. Contractor will be required to submit weight tickets and written proof of diversion with its monthly progress payment requests. Contractor shall complete and execute any certification forms required by City or other applicable agencies to document Contractor’s compliance with these diversion requirements. All costs incurred for these waste diversion efforts shall be the responsibility of the Contractor.
ARTICLE 20 REMOVAL OF HAZARDOUS MATERIALS
Should Contractor encounter material reasonably believed to be polychlorinated biphenyl (PCB) or other toxic wastes and hazardous materials which have not been rendered harmless at the Project site, the Contractor shall immediately stop work at the affected Project site and shall report the condition to the City in writing. The City shall contract for any services required to directly remove and/or abate PCBs and other toxic wastes and hazardous materials, if required by the Project site(s), and shall not require the Contractor to subcontract for such services. The Work in the affected area shall not thereafter be resumed except by written agreement of the City and Contractor.
ARTICLE 21 SANITARY FACILITIES
Contractor shall provide sanitary temporary toilet buildings and hand washing facilities for the use of all workers. All toilets and hand washing facilities shall comply with all applicable federal, state and local laws, codes, ordinances, and regulations. Toilets shall be kept supplied with toilet paper and shall have workable door fasteners. Toilets and hand washing facilities shall be serviced no less than once weekly and shall be present in a quantity of not less than 1 per 20 workers as required by Cal/OSHA regulations. The toilets and hand washing facilities shall be maintained in a sanitary condition at all times. Use of toilet and hand washing facilities in the Work under construction shall not be permitted. Any other sanitary facilities required by Cal/OSHA shall be the responsibility of the Contractor.
ARTICLE 22 AIR POLLUTION CONTROL
Contractor shall comply with all air pollution and dust control rules, regulations, ordinances and statutes, including, but not limited to, those required by the Air Quality Management District. All containers of paint, thinner, curing compound, solvent or liquid asphalt shall be labeled to indicate that the contents fully comply with the applicable material requirements. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and requirements application to “portable equipment”, which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall comply with the CARB’s regulation regarding the use of off-road diesel fueled fleets, sections 2449, 2449.1, and 2449.2 of Title 13 of the California Code of Regulations. Contractor shall provide the City with a Certificate of Reported Compliance for all applicable vehicles used by
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Contractor or any subcontractor with diesel-fueled or alternative diesel fueled off-road compression-ignition engines with a maximum power of 25 horsepower or greater provided the vehicles cannot be registered and driven safely on-road or were not designed to be driven onroad, even if they have been modified so that they can be driven safely on road. Noncompliant fleets are prohibited from being used on the Project. Contractor shall indemnify City against any fines or penalties imposed by CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, it subcontractors or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.
ARTICLE 23 LAYOUT AND FIELD ENGINEERING
All field engineering required for laying out the Work and establishing grades for earthwork operations shall be furnished by the Contractor at its expense.
ARTICLE 24 TESTS AND INSPECTIONS
A. If the Contract Documents, the Engineer, or any instructions, laws, ordinances, or public authority requires any part of the Work to be tested or Approved, Contractor shall provide the Engineer at least two (2) working days’ notice of its readiness for observation or inspection. If inspection is by a public authority other than the City, Contractor shall promptly inform the City of the date fixed for such inspection.
Required certificates of inspection (or similar) shall be secured by Contractor.
Costs for City testing and City inspection shall be paid by the City. Costs of tests for Work found not to be in compliance shall be paid by the Contractor.
B. If any Work is done or covered up without the required testing or approval, the Contractor shall uncover or deconstruct the Work, and the Work shall be redone after completion of the testing at the Contractor’s cost in compliance with the Contract Documents.
C. Where inspection and testing are to be conducted by an independent laboratory or agency, materials or samples of materials to be inspected or tested shall be selected by such laboratory or agency, or by the City, and not by Contractor. All tests or inspections of materials shall be made in accordance with the commonly recognized standards of national organizations.
D. In advance of manufacture of materials to be supplied by Contractor which must be tested or inspected, Contractor shall notify the City so that the City may arrange for testing at the source of supply. Any materials which have not satisfactorily passed such testing and inspection shall not be incorporated into the Work.
E. If the manufacture of materials to be inspected or tested will occur in a plant or location greater than sixty (60) miles from the City, the Contractor shall pay for any excessive or unusual costs associated with such testing or inspection, including but not limited to excessive travel time, standby time and required lodging.
F. Reexamination of Work may be ordered by the City. If so ordered, Work must be uncovered or deconstructed by Contractor. If Work is found to be in accordance with the Contract Documents, the City shall pay the costs of reexamination and reconstruction. If such work is found not to be in accordance with the Contract Documents, Contractor shall pay all costs.
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ARTICLE 25 PROTECTION OF WORK AND PROPERTY
A. The Contractor shall be responsible for all damages to persons or property that occurs as a result of the Work. Contractor shall be responsible for the proper care and protection of all materials delivered and Work performed until completion and final Acceptance by the City. All Work shall be solely at the Contractor’s risk.
Contractor shall adequately protect adjacent property from settlement or loss of lateral support as necessary. Contractor shall comply with all applicable safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the Project site where Work is being performed. Contractor shall erect and properly maintain at all times, as required by field conditions and progress of work, all necessary safeguards, signs, barriers, lights, and watchmen for protection of workers and the public, and shall post danger signs warning against hazards created in the course of construction.
B. In an emergency affecting safety of life or of work or of adjoining property, Contractor, without special instruction or authorization from the Engineer, is hereby permitted to act to prevent such threatened loss or injury; and Contractor shall so act, without appeal, if so authorized or instructed by the Engineer or the City. Any compensation claimed by Contractor on account of emergency work shall be determined by and agreed upon by the City and the Contractor.
ARTICLE 26 CONTRACTOR’S MEANS AND METHODS
Contractor is solely responsible for the means and methods utilized to perform the Work. In no case shall the Contractor’s means and methods deviate from commonly used industry standards.
ARTICLE 27 AUTHORIZED REPRESENTATIVES
The City shall designate representatives, who shall have the right to be present at the Project site at all times. The City may designate an inspector who shall have the right to observe all of the Contractor’s Work. The inspector shall not be responsible for the Contractor’s failure to carry out the Work in accordance with the Contract Documents. Contractor shall provide safe and proper facilities for such access.
ARTICLE 28 HOURS OF WORK
A. As provided in Article 3 (commencing at section 1810), Chapter 1, Part 7, Division 2 of the Labor Code, Contractor stipulates that eight (8) hours of labor shall constitute a legal day’s work. The time of service of any worker employed at any time by the Contractor or by any subcontractor on any subcontract under this Contract upon the Work or upon any part of the Work contemplated by this Contract is limited and restricted to eight (8) hours during any one calendar day and 40 hours during any one calendar week, except as hereinafter provided.
Notwithstanding the provisions herein above set forth, work performed by employees of Contractor in excess of eight (8) hours per day, and 40 hours during any one week, shall be permitted upon this public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and onehalf times the basic rate of pay.
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B. The Contractor and every subcontractor shall keep an accurate record showing the name of and actual hours worked each calendar day and each calendar week by each worker employed in connection with the Work or any part of the Work contemplated by this Contract. The record shall be kept open at all reasonable hours to the inspection of the City and to the Division of Labor Law Enforcement, Department of Industrial Relations of the State of California.
C. The Contractor shall pay to the City a penalty of twenty-five dollars ($25.00) for each worker employed in the execution of this Contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any calendar day and 40 hours in any one calendar week in violation of the provisions of Article 3 (commencing at section 1810), Chapter 1, Part 7, Division 2 of the Labor Code.
D. Any work necessary to be performed after regular working hours, or on Saturdays and Sundays or other holidays, shall be performed without additional expense to the City. Contractor shall also timely notify the City when work will be performed outside regular working hours or on weekends or holidays.
E. City will provide inspection during normal working hours from 7:00 a.m. to 3:30 p.m. Monday through Friday. Inspection before or after this time will be charged to the Contractor as reimbursable inspection time. Inspections on weekends requires two days’ notice for review and approval. Upon written request and approval the
8.5 hour working day may be changed to other limits subject to City/County ordinance.
F. Refer to the most current version of the City of Milpitas Noise Abatement Ordinance, Ord. 196.6 of the Municipal Code Section V-213. It shall be unlawful for any person to engage or permit to engage in construction of any building or related road or walkway, pool, or landscape improvement or in the construction operations related thereto including to operate, permit, use, or cause to operate any of the following at the Project site, other than between the hours of 7:00 a.m. to 7:00 p.m., Monday through Sunday, unless otherwise approved by the City:
1. Powered Vehicles
2. Construction Equipment
3. Loading and Unloading Vehicles
4. Domestic Power Tools
ARTICLE 29 PAYROLL RECORDS; LABOR COMPLIANCE
A. Pursuant to Labor Code section 1776, Contractor and all subcontractors shall maintain weekly certified payroll records, showing the names, addresses, Social Security numbers, work classifications, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by them in connection with the Work under this Contract. Contractor shall certify under penalty of perjury that records maintained and submitted by Contractor are true and accurate. Contractor
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shall also require subcontractor(s) to certify weekly payroll records under penalty of perjury.
B. In accordance with Labor Code section 1771.4, the Contractor and each subcontractor shall furnish the certified payroll records directly to the Department of Industrial Relations (“DIR”) on the specified interval and format prescribed by the DIR, which may include electronic submission. Contractor shall comply with all requirements and regulations from the DIR relating to labor compliance monitoring and enforcement. The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
C. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.
D. The payroll records described herein shall be certified and submitted by the Contractor at a time designated by the City. The Contractor shall also provide the following:
1. A certified copy of the employee’s payroll records shall be made available for inspection or furnished to such employee or his or her authorized representative on request.
2. A certified copy of all payroll records described herein shall be made available for inspection or furnished upon request of the DIR.
E. Unless submitted electronically, the certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement (“DLSE”) of the DIR or shall contain the same information as the forms provided by the DLSE.
F. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency, the City, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address and social security number. The name and address of the Contractor awarded the Contract or performing the contract shall not be marked or obliterated.
G. In the event of noncompliance with the requirements of this Article, the Contractor shall have ten (10) calendar days in which to comply subsequent to receipt of written notice specifying in what respects the Contractor must comply with this Article. Should noncompliance still be evident after such 10-day period, the Contractor shall pay a penalty of one hundred dollars ($100.00) to the City for each calendar day, or portion thereof, for each worker, until strict compliance is
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effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payment then due.
H. The responsibility for compliance with this Article shall rest upon the Contractor.
ARTICLE 30 PREVAILING RATES OF WAGES
A. The Contractor is aware of the requirements of Labor Code sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq. (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. Since this Project involves an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. The Contractor shall obtain a copy of the prevailing rates of per diem wages at the commencement of this Contract from the website of the Division of Labor Statistics and Research of the Department of Industrial Relations located at www.dir.ca.gov. In the alternative, the Contractor may view a copy of the prevailing rate of per diem wages which are on file at the City’s Administration Office and shall be made available to interested parties upon request. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to perform work on the Project available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the Project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or allege failure to comply with the Prevailing Wage Laws.
B. The Contractor shall forfeit as a penalty to the City not more than Two Hundred Dollars ($200.00), pursuant to Labor Code section 1775, for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate as determined by the Director of the Department of Industrial Relations for such work or craft in which such worker is employed for any public work done under the Contract by it or by any subcontractor under it. The difference between such prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof, for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by the Contractor.
C. Contractor shall post, at appropriate conspicuous points on the Project site, a schedule showing all determined general prevailing wage rates and all authorized deductions, if any, from unpaid wages actually earned.
ARTICLE 31 PUBLIC WORKS CONTRACTOR REGISTRATION
Pursuant to Labor Code sections 1725.5 and 1771.1, the Contractor and its subcontractors must be registered with the Department of Industrial Relations prior to the execution of a contract to perform public works. By entering into this Contract, Contractor represents that it is aware of the registration requirement and is currently registered with the DIR. Contractor shall maintain a current registration for the duration of the Project. Contractor shall further include the requirements of Labor Code sections 1725.5 and 1771.1 in any subcontract and ensure that all
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subcontractors are registered at the time this Contract is entered into and maintain registration for the duration of the Project. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
ARTICLE 32 EMPLOYMENT OF APPRENTICES
A. Contractor and all subcontractors shall comply with the requirements of Labor Code sections 1777.5 and 1777.6 in the employment of apprentices.
B. 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.
C. Knowing violations of Labor Code section 1777.5 will result in forfeiture not to exceed one hundred dollars ($100.00) for each calendar day of non-compliance pursuant to Labor Code section 1777.7.
D. The responsibility for compliance with this Article shall rest upon the Contractor.
ARTICLE 33 NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY Pursuant to Labor Code section 1735 and other applicable provisions of law, the Contractor and its subcontractors shall not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, or any other classifications protected by law on this Project. The Contractor will take affirmative action to insure that employees are treated during employment or training without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, or any other classifications protected by law.
Employment Eligibility; Contractor. By executing this Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor. Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Contract, and shall not violate any such law at any time during the term of the Contract.
Contractor shall avoid any violation of any such law during the term of this Contract by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Contractor shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Contractor’s compliance with the requirements provided for or referred to herein.
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Employment Eligibility; Subcontractors, Sub-subcontractors and Consultants. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and consultants performing any part of the Work or of this Contract to make the same verifications and comply with all requirements and restrictions provided for herein.
Employment Eligibility; Failure to Comply. Each person executing this Contract on behalf of Contractor verifies that he or she is a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the City to terminate the Contract for cause: (1) failure of Contractor or its subcontractors, sub-subcontractors or consultants to meet any of the requirements provided for herein; (2) any misrepresentation or material omission concerning compliance with such requirements; or (3) failure to immediately remove from the Work any person found not to be in compliance with such requirements.
ARTICLE 34 DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS
Contractors or subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Labor Code section 1777.1 or 1777.7. Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid, or may have been paid to a debarred subcontractor by a contractor on the project shall be returned to the City. The Contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the project.
ARTICLE 35 LABOR/EMPLOYMENT SAFETY
The Contractor shall comply with all applicable laws and regulations of the federal, state, and local government, including Cal/OSHA requirements and requirements for verification of employees’ legal right to work in the United States.
The Contractor shall maintain emergency first aid treatment for his employees which complies with the Federal Occupational Safety and Health Act of 1970 (29 U.S.C. § 651 et seq.), and California Code of Regulations, Title 8, Industrial Relations Division 1, Department of Industrial Relations, Chapter 4. The Contractor shall ensure the availability of emergency medical services for its employees in accordance with California Code of Regulations, Title 8, Section 1512.
The Contractor shall submit the Illness and Injury Prevention Program and a Project site specific safety program to the City prior to beginning Work at the Project site. Contractor shall maintain a confined space program that meets or exceeds the City Standards. Contractor shall adhere to the City’s lock out tag out program.
ARTICLE 36 INSURANCE
The Contractor shall obtain, and at all times during performance of the Work of Contract, maintain all of the insurance described in this Article. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required hereunder. Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this Article. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Contract for cause. Contractor shall furnish City with original certificates of insurance and endorsements effective coverage required
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by this Contract on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms acceptable to the City. All certificates and endorsements must be received and approved by the City before Work commences.
A. Additional Insureds; Waiver of Subrogation. The City, its elected and appointed officials, officers, attorneys, agents employees and volunteers shall be named as Additional Insureds on Contractor’s All Risk policy and on Contractor’s and its subcontractors’ policies of Commercial General Liability and Automobile Liability insurance using, for Contractor’s policy/ies of Commercial General Liability insurance, ISO CG forms 20 10 and 20 37 (or endorsements providing the exact same coverage, including completed operations), and, for subcontractors’ policies of Commercial General Liability insurance, ISO CG form 20 38 (or endorsements providing the exact same coverage). Notwithstanding the minimum limits set forth in this Contract for any type of insurance coverage, all available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as Additional Insureds hereunder.
Contractor and its insurance carriers shall provide a Waiver of Subrogation in favor of those parties.
B. Workers’ Compensation Insurance. The Contractor shall provide workers’ compensation insurance for all of the employees engaged in Work under this Contract, on or at the Site, and, in case of any sublet Work, the Contractor shall require the subcontractor similarly to provide workers’ compensation insurance for all the latter’s employees as prescribed by State law. Any class of employee or employees not covered by a subcontractor’s insurance shall be covered by the Contractor’s insurance. In case any class of employees engaged in work under this Contract, on or at the Site, is not protected under the Workers’ Compensation Statutes, the Contractor shall provide or shall cause a subcontractor to provide, adequate insurance coverage for the protection of such employees not otherwise protected. The Contractor is required to secure payment of compensation to his employees in accordance with the provisions of section 3700 of the Labor Code.
The Contractor shall file with the City certificates of his insurance protecting workers. Company or companies providing insurance coverage shall be acceptable to the City, if in the form and coverage as set forth in the Contract Documents.
C. Employer’s Liability Insurance. Contractor shall provide Employer’s Liability Insurance, including Occupational Disease, in the amount of at least one million dollars ($1,000,000.00) per person per accident. Contractor shall provide City with a certificate of Employer’s Liability Insurance. Such insurance shall comply with the provisions of the Contract Documents. The policy shall be endorsed, if applicable, to provide a Borrowed Servant/Alternate Employer Endorsement and contain a Waiver of Subrogation in favor of the City.
D. Commercial General Liability Insurance. Contractor shall provide “occurrence” form Commercial General Liability insurance coverage at least as broad as the most current ISO CGL Form 00 01, including but not limited to, premises liability, contractual liability, products/completed operations, personal and advertising injury which may arise from or out of Contractor’s operations, use, and management of the Site, or the performance of its obligations hereunder. The
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policy shall not contain any exclusion contrary to this Contract including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 39); or (2) cross-liability for claims or suits against one insured against another. Policy limits shall not be less than $1,000,000 per occurrence for bodily injury, personal injury and property damage.
If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Defense costs shall be paid in addition to the limits.
1. Such policy shall comply with all the requirements of this Article. The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Contractor from liability in excess of such coverage, nor shall it limit Contractor’s indemnification obligations to the City, and shall not preclude the City from taking such other actions available to the City under other provisions of the Contract Documents or law.
2. All general liability policies provided pursuant to the provisions of this Article shall comply with the provisions of the Contract Documents.
3. All general liability policies shall be written to apply to all bodily injury, including death, property damage, personal injury, owned and non-owned equipment, blanket contractual liability, completed operations liability, explosion, collapse, under-ground excavation, removal of lateral support, and other covered loss, however occasioned, occurring during the policy term, and shall specifically insure the performance by Contractor of that part of the indemnification contained in these General Conditions relating to liability for injury to or death of persons and damage to property.
4. If the coverage contains one or more aggregate limits, a minimum of 50% of any such aggregate limit must remain available at all times; if over 50% of any aggregate limit has been paid or reserved, the City may require additional coverage to be purchased by Contractor to restore the required limits. Contractor may combine primary, umbrella, and as broad as possible excess liability coverage to achieve the total limits indicated above. Any umbrella or excess liability policy shall include the additional insured endorsement described in the Contract Documents.
5. All policies of general liability insurance shall permit and Contractor does hereby waive any right of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.
E. Automobile Liability Insurance. Contractor shall provide “occurrence” form Automobile Liability Insurance at least as broad as ISO CA 00 01 (Any Auto) in the amount of, at least, one million dollars ($1,000,000) per accident for bodily injury and property damage. Such insurance shall provide coverage with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible, in a form and with insurance companies acceptable to the City. All policies of
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automobile insurance shall permit and Contractor does hereby waive any right of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.
F. Contractor shall require all tiers of sub-contractors working under this Contract to provide the insurance required under this Article unless otherwise agreed to in writing by City. Contractor shall make certain that any and all subcontractors hired by Contractor are insured in accordance with this Contract. If any subcontractor’s coverage does not comply with the foregoing provisions, Contractor shall indemnify and hold the City harmless from any damage, loss, cost, or expense, including attorneys’ fees, incurred by the City as a result thereof.
ARTICLE 37 FORM AND PROOF OF CARRIAGE OF INSURANCE
A. Any insurance carrier providing insurance coverage required by the Contract Documents shall be admitted to and authorized to do business in the State of California unless waived, in writing, by the City’s Risk Manager. Carrier(s) shall have an A.M. Best rating of not less than an A:VII. Insurance deductibles or selfinsured retentions must be declared by the Contractor. At the election of the City the Contractor shall either 1) reduce or eliminate such deductibles or self-insured retentions, or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses. If umbrella or excess liability coverage is used to meet any required limit(s) specified herein, the Contractor shall provide a “follow form” endorsement satisfactory to the City indicating that such coverage is subject to the same terms and conditions as the underlying liability policy.
B. Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or cancelled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officials, officers, agents, employees, and volunteers.
C. The Certificates(s) and policies of insurance shall contain or shall be endorsed to contain the covenant of the insurance carrier(s) that it shall provide no less than thirty (30) days written notice be given to the City prior to any material modification or cancellation of such insurance. In the event of a material modification or cancellation of coverage, the City may terminate the Contract or stop the Work in accordance with the Contract Documents, unless the City receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverage’s set forth herein and the insurance required herein is in full force and effect. Contractor shall not take possession, or use the Site, or commence operations under this Contract until the City has been furnished original Certificate(s) of Insurance and certified original copies of endorsements or policies of insurance including all endorsements and any and all other attachments as required in this Article. The original endorsements for each policy and the Certificate of Insurance shall be signed by an individual authorized by the insurance carrier to do so on its behalf.
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D. The Certificate(s) of Insurance, policies and endorsements shall so covenant and shall be construed as primary, and the City’s insurance and/or deductibles and/or self-insured retentions or self-insured programs shall not be construed as contributory.
E. City reserves the right to adjust the monetary limits of insurance coverages during the term of this Contract including any extension thereof if, in the City’s reasonable judgment, the amount or type of insurance carried by the Contractor becomes inadequate.
F. Contractor shall report to the City, in addition to the Contractor’s insurer, any and all insurance claims submitted by the Contractor in connection with the Work under this Contract.
ARTICLE 38 TIME FOR COMPLETION AND LIQUIDATED DAMAGES
A. Time for Completion/Liquidated Damages. Time is of the essence in the completion of the Work. Work shall be commenced within ten (10) Days of the date stated in the City’s Notice to Proceed and shall be completed by Contractor specified in the Contract Documents. The City is under no obligation to consider early completion of the Project; and the Contract completion date shall not be amended by the City’s receipt or acceptance of the Contractor’s proposed earlier completion date. Furthermore, Contractor shall not, under any circumstances, receive additional compensation from the City (including but not limited to indirect, general, administrative or other forms of overhead costs) for the period between the time of earlier completion proposed by the Contractor and the Contract completion date. If the Work is not completed as stated in the Contract Documents, it is understood that the City will suffer damage. In accordance with Government Code section 53069.85, being impractical and infeasible to determine the amount of actual damage, it is agreed that Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum stipulated in the Contract for each calendar day of delay until the Work is fully completed as determined by the City. Contractor and its surety shall be liable for any liquidated damages. Any money due or to become due the Contractor may be retained to cover liquidated damages.
B. Inclement Weather. Contractor shall abide by the Engineer’s determination of what constitutes inclement weather. Time extensions for inclement weather shall only be granted when the Work stopped during inclement weather is on the critical path of the Project schedule. The Contractor shall implement measures and make contingencies as may be required to protect the Work and to all allow Work to proceed during wet or inclement weather to prevent delay or stoppage.
Extension of Time Due to Weather Delays: The City and Contractor mutually agree that excusable delay events associated with the occurrence of inclement weather will be based only on conditions that were not foreseeable at the time the Contract was entered into. The Contractor’s construction schedule shall include an allowance for the following schedule of expected weather delay days. If the Contractor encounters fewer inclement weather days per month or in total than shown below, then the City has the right to use the unencountered balance of days as an offset against any other claims for excusable delays or Owner-caused
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delays. Actual inclement weather days must prevent work on critical activities for 50 percent or more of the Contractor’s scheduled work day. All Contractor claims for excusable delay due to excessive inclement weather shall be for critical path work only and must be supported by a Time Impact Analysis as described in Article
42. No additional compensation will be granted for an excusable delay.
Month Calendar Days
January 6
February 6
March 7
April 4
May 3
June 1
July 0
August 1
September 2
October 2
November 3
December 5
Total Annual Inclement Weather Days 40
C. Extension of Time. Contractor shall not be charged liquidated damages because of any delays in completion of the Work due to unforeseeable causes beyond the control and without the fault or negligence of Contractor (or its subcontractors or suppliers). Contractor shall within five (5) Days of identifying any such delay notify the City in writing of causes of delay. The City shall ascertain the facts and extent of delay and grant extension of time for completing the Work when, in its judgment, the facts justify such an extension. Time extensions to the Project shall be requested by the Contractor as they occur and without delay. No delay claims shall be permitted unless the event or occurrence delays the completion of the Project beyond the Contract completion date.
D. No Damages for Reasonable Delay. The City’s liability to Contractor for delays for which the City is responsible shall be limited to only an extension of time unless such delays were unreasonable under the circumstances. In no case shall the City be liable for any costs which are borne by the Contractor in the regular course of business, including, but not limited to, home office overhead and other ongoing costs. Damages caused by unreasonable City delay, including delays caused by items that are the responsibility of the City pursuant to Government Code section 4215, shall be based on actual costs only, no proportions or formulas shall be used to calculate any delay damages.
ARTICLE 39 SCHEDULE OF VALUES, COST BREAKDOWN AND PERIODIC ESTIMATES Contractor shall furnish on forms Approved by the City:
A. When requested by the Engineer, and within ten (10) Days of Notice to Proceed with the Contract, the Contractor shall provide a Schedule of Values consisting of a detailed estimate giving a complete breakdown of the Contract price for each lump sum bid item in the Contract.
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B. A monthly itemized estimate of Work done for the purpose of making progress payments. In order for the City to consider and evaluate each progress payment application, the Contractor shall submit a detailed measurement of Work performed and a progress estimate of the value thereof before the tenth (10th) Day of the following month.
C. Contractor shall submit, with each of its payment requests, an adjusted list of actual quantities, verified by the Engineer, for unit price items listed, if any, in the Bid Form.
D. Following the City’s Acceptance of the Work, the Contractor shall submit to the City a written statement of the final quantities of unit price items for inclusion in the final payment request.
E. The City shall have the right to adjust any estimate of quantity and to subsequently correct any error made in any estimate for payment.
Contractor shall certify under penalty of perjury, that all cost breakdowns and periodic estimates accurately reflect the Work on the Project.
ARTICLE 40 PROGRESS ESTIMATES AND PAYMENT
A. By the tenth (10th) Day of the following calendar month, Contractor shall submit to Engineer a payment request which shall set forth in detail the value of the Work done for the period beginning with the date work was first commenced and ending on the end of the calendar month for which the payment request is prepared.
Contractor shall include any amount earned for authorized extra work. From the total thus computed, a deduction shall be made in the amount of five percent (5%) for retention, except where the City has adopted a finding that the Work done under the Contract is substantially complex, and then the amount withheld as retention shall be the percentage specified in the Notice Inviting Bids. From the remainder a further deduction may be made in accordance with Section B below. The amount computed, less the amount withheld for retention and any amounts withheld as set forth below, shall be the amount of the Contractor’s payment request.
B. The Contractor shall provide an updated project schedule with each payment request.
C. The City may withhold a sufficient amount or amounts of any payment or payments otherwise due to Contractor, as in his judgment may be necessary to cover:
1. Payments which may be past due and payable for just claims against Contractor or any subcontractors for labor or materials furnished in and about the performance of work on the Project under this Contract.
2. Defective work not remedied.
3. Failure of Contractor to make proper payments to his subcontractor or for material or labor.
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4. Completion of the Contract if there is a reasonable doubt that the Work can be completed for balance then unpaid.
5. Damage to another contractor or a third party.
6. Amounts which may be due the City for claims against Contractor.
7. Failure of Contractor to keep the record (“as-built”) drawings up to date.
8. Failure to provide update on construction schedule as required herein.
9. Site cleanup.
10. Failure to comply with Contract Documents.
11. Liquidated damages.
12. Legally permitted penalties.
D. The City may apply such withheld amount or amounts to payment of such claims or obligations at its discretion with the exception of subsections (B)(1), (3), and (5) of this Article, which must be retained or applied in accordance with applicable law.
In so doing, the City shall be deemed the agent of Contractor and any payment so made by the City shall be considered as a payment made under contract by the City to Contractor and the City shall not be liable to Contractor for such payments made in good faith. Such payments may be made without prior judicial determination of claim or obligations. The City will render Contractor a proper accounting of such funds disbursed on behalf of Contractor.
E. Upon receipt, the Engineer shall review the payment request to determine whether it is undisputed and suitable for payment. If the payment request is determined to be unsuitable for payment, it shall be returned to Contractor as soon as practicable but not later than seven (7) Days after receipt, accompanied by a document setting forth in writing the reasons why the payment request is not proper. The City shall make the progress payment within 30 calendar days after the receipt of an undisputed and properly submitted payment request from Contractor, provided that a release of liens and claims has been received from the Contractor pursuant to Civil Code section 8132. The number of days available to the City to make a payment without incurring interest pursuant to this paragraph shall be reduced by the number of days by which the Engineer exceeds the seven (7) Day requirement.
F. A payment request shall be considered properly executed if funds are available for payment of the payment request and payment is not delayed due to an audit inquiry by the financial officer of the City.
ARTICLE 41 SECURITIES FOR MONEY WITHHELD
Pursuant to section 22300 of the Public Contract Code of the State of California, Contractor may request the City to make retention payments directly to an escrow agent or may substitute securities for any money withheld by the City to ensure performance under the contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be
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deposited with the City or with a state or federally chartered bank as the escrow agent who shall return such securities to Contractor upon satisfactory completion of the contract. Deposit of securities with an escrow agent shall be subject to a written agreement substantially in the form provided in section 22300 of the Public Contract Code.
ARTICLE 42 CHANGES AND EXTRA WORK.
A. Contract Change Orders.
1. The City, without invalidating the Contract, may order changes in the Work consisting of additions, deletions or other revisions, and the Contract Price and Contract Time shall be adjusted accordingly. Except as otherwise provided herein, all such changes in the Work shall be authorized by Change Order, and shall be performed under the applicable conditions of the Contract Documents. A Change Order signed by the Contractor indicates the Contractor's agreement therewith, including any adjustment in the Contract Price or the Contract Time, and the full and final settlement of all costs (direct, indirect and overhead) related to the Work authorized by the Change Order.
2. Contractor shall promptly execute changes in the Work as directed in writing by the City even when the parties have not reached agreement on whether the change increases the scope of Work or affects the Contract Price or Contract Time. All claims for additional compensation shall be presented in writing. No claim will be considered after the Work in question has been completed unless a written Change Order has been issued or a timely written notice of claim has been made by Contractor.
3. Whenever any change is made as provided for herein, such change shall be considered and treated as though originally included in the Contract, and shall be subject to all terms, conditions, and provisions of the original Contract.
4. Contractor shall not be entitled to claim or bring suit for damages, whether for loss of profits or otherwise, on account of any decrease or omission of any item or portion of Work to be done.
5. No dispute, disagreement, or failure of the parties to reach agreement on the terms of the Change Order shall relieve the Contractor from the obligation to proceed with performance of the work, including Additional Work, promptly and expeditiously.
6. Contractor shall make available to the City any of the Contractor’s documents related to the Project immediately upon request of the City, as set forth in Article 52.
7. Any alterations, extensions of time, Additional Work, or any other changes may be made without securing consent of the Contractor’s surety or sureties.
B. Contract Price Change.
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1. Process for Determining Adjustments in Contract Price. a. Owner Initiated Change. The Contractor must submit a complete cost proposal, including any change in the Contract Price or Contract Time, within seven (7) Days after receipt of a scope of a proposed change order initiated by the City, unless the City requests that proposals be submitted in less than seven (7) Days. b. Contractor Initiated Change. The Contractor must give written notice of a proposed change order required for compliance with the Contract Documents within seven (7) Days of discovery of the facts giving rise to the proposed change order.
c. Whenever possible, any changes to the Contract amount shall be in a lump sum mutually agreed to by the Contractor and the City. d. Price quotations from the Contractor shall be accompanied by sufficiently detailed supporting documentation to permit verification by the City, including but not limited to estimates and quotations from subcontractors or material suppliers, as the City may reasonably request. Contractor shall certify the accuracy of all Change Order Requests under penalty of perjury.
e. If the Contractor fails to submit a complete cost proposal within the seven (7) Day period (or as requested), the City has the right to order the Contractor in writing to commence the Work immediately on a time and materials basis and/or issue a lump sum change to the Contract Price and/or Contract Time in accordance with the City’s estimate. If the change is issued based on the City's estimate, the Contractor will waive its right to dispute the action unless within fifteen (15) Days following completion of the added/deleted work, the Contractor presents written proof that the City’s estimate was in error.
2. Unit Price Change Orders.
a. When the actual quantity of a Unit Price item is found to vary from the Bid Form, compensation for the change in quantity will be calculated by multiplying the actual quantity by the Unit Price. This calculation may result in either an additive or deductive Final Change Order pursuant to the Contract Documents. Contractor shall immediately inform the Engineer when the actual quantities vary from estimated quantities.
b. No Mark up for Overhead and Profit. Because the Contract Unit Prices provided in the Bid Form include Overhead and Profit as determined by Contractor at the time of Bid submission, no mark up or deduction for Overhead and Profit will be included in Unit Price Change Orders.
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c. Bid items included on the Bid Form may be deducted from the Work in their entirety without any negotiated extra costs.
d. Contractor acknowledges that unit quantities are estimates and agrees that the estimated unit quantities listed on the Bid Form will be adjusted to reflect the actual unit quantities which may result in an adjustment to the Contract Unit Prices. Such an adjustment will be made by execution of a final additive or deductive Change Order following Contractor’s completion of the Work. Upon notification, Contractor’s failure to respond within seven (7) Days will result in City’s issuance of a unit quantity adjustment to the Contract Unit Prices and/or Contract Time in accordance with the Contract Documents.
3. Lump Sum Change Orders. Compensation for Lump Sum Change Orders shall be limited to expenditures necessitated specifically by the Additional Work, and shall be segregated as follows:
a. Labor. The costs of labor will be the actual cost for wages prevailing locally for each craft or type of worker at the time the Additional Work is done, plus employer payments of payroll taxes and insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs resulting from Federal, State or local laws, as well as assessment or benefits required by lawful collective bargaining agreements. The use of a labor classification which would increase the Additional Work cost will not be permitted unless the Contractor establishes the necessity for such new
classifications. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental.
b. Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available in the quantities involved, plus sales tax, freight, and delivery.
Materials costs shall be based upon supplier or manufacturer’s invoice. If invoices or other satisfactory evidence of cost are not furnished within fifteen (15) Days of delivery, then the City shall determine the materials cost, at its sole discretion.
c. Tool and Equipment Use. Costs for the use of small tools, which are tools that have a replacement value of $1,000 or less, shall be considered included in the Overhead and Profit mark-ups established below. Regardless of ownership, the rates to be used in determining equipment use costs shall not exceed listed rates prevailing locally at equipment rental agencies, or distributors, at the time the Work is performed.
4. Time and Materials Change Orders.
a. General. The term Time and Materials means the sum of all costs reasonably and necessarily incurred and paid by Contractor for
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labor, materials, and equipment in the proper performance of Additional Work. Except as otherwise may be agreed to in writing by the City, such costs shall be in amounts no higher than those prevailing in the locality of the Project, and shall include only the following items.
b. Timely and Final Documentation.
i. T&M Daily Sheets. Contractor must submit timesheets, materials invoices, records of equipment hours, and records of rental equipment hours to the City’s Representative for an approval signature each day Additional Work is performed.
Failure to get the City’s Representative’s approval signature each Day shall result in a waiver of Contractor’s right to claim these costs. The City’s Representative’s signature on time sheets only serves as verification that the Work was performed and is not indicative of City’s agreement to
Contractor’s entitlement to the cost.
ii. T&M Daily Summary Sheets. All documentation of incurred costs (“T&M Daily Summary Sheets”) shall be submitted by Contractor within three (3) Days of incurring the cost for labor, material, equipment, and special services as
Additional Work is performed. Contractor’s actual costs shall be presented in a summary table in an electronic
spreadsheet file by labor, material, equipment, and special services. Each T&M Daily Summary Sheet shall include
Contractor’s actual costs incurred for the Additional Work performed that day and a cumulative total of Contractor’s actual costs incurred for the Additional Work. Contractor’s failure to provide a T&M Daily Summary Sheet showing a
total cost summary within three (3) Days but within five (5) Days of performance of the Work will result in the
Contractor’s otherwise allowable overhead and profit being reduced by 50% for that portion of Additional Work which was not documented in a timely manner. Contractor’s
failure to submit the T&M Daily Summary Sheet within five (5) Days of performance of the Work will result in a total waiver of Contractor’s right to claim these costs.
iii. T&M Total Cost Summary Sheet. Contractor shall submit a T&M Total Cost Summary Sheet, which shall include total actual costs, within seven (7) Days following completion of City approved Additional Work. Contractor’s total actual cost shall be presented in a summary table in an electronic spreadsheet file by labor, material, equipment, and special services. Contractor’s failure to submit the T&M Total Cost Summary Sheet within seven (7) Days of completion of the Additional Work will result in Contractor’s waiver for any reimbursement of any costs associated with the T&M
Summary Sheets or the performance of the Additional Work.
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c. Labor. The Contractor will be paid the cost of labor for the workers used in the actual and direct performance of the Work. The cost of labor will be the sum of the actual wages paid (which shall include any employer payments to or on behalf of the workers for health and welfare, pension, vacation, and similar purposes) substantiated by timesheets and certified payroll for wages prevailing for each craft or type of workers performing the Additional Work at the time the Additional Work is done, and the labor surcharge set forth in the Department of Transportation publication entitled Labor Surcharge and Equipment Rental Rates, which is in effect on the date upon which the Work is accomplished and which is a part of the Contract.
The labor surcharge shall constitute full compensation for all payments imposed by Federal, State, or local laws and for all other payments made to, or on behalf of, the workers, other than actual wages.
i. Equipment Operator Exception. Labor costs for equipment operators and helpers shall be paid only when such costs are not included in the invoice for equipment rental.
ii. Foreman Exception. The labor costs for foremen shall be proportioned to all of their assigned work and only that applicable to the Additional Work shall be paid. Indirect labor costs, including, without limitation, the superintendent, project manager, and other labor identified in the Contract Documents will be considered Overhead.
d. Materials. The cost of materials reported shall be itemized at invoice or lowest current price at which materials are locally available and delivered to the Project site in the quantities involved, plus the cost of sales tax, freight, delivery, and storage. i. Trade discounts available to the purchaser shall be credited to the City notwithstanding the fact that such discounts may not have been taken by Contractor.
ii. For materials secured by other than a direct purchase and direct billing to the purchaser, the cost shall be deemed to be the price paid to the actual supplier as determined by the City’s Representative.
iii. Payment for materials from sources owned wholly or in part by the purchaser shall not exceed the price paid by the purchaser for similar materials from said sources on
Additional Work items or the current wholesale price for such materials delivered to the Project site, whichever price is lower.
iv. If, in the opinion of the City’s Representative, the cost of materials is excessive, or Contractor does not furnish
satisfactory evidence of the cost of such materials, then the
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cost shall be deemed to be the lowest current wholesale price for the total quantity concerned delivered to the Project site less trade discounts.
v. The City reserves the right to furnish materials for the Additional Work and no Claim shall be allowed by
Contractor for costs of such materials or Indirect Costs or profit on City furnished materials.
e. Equipment.
i. Rental Time. The rental time to be paid for equipment on the Project site shall be the time the equipment is in
productive operation on the Additional Work being
performed and, in addition, shall include the time required to move the equipment to the location of the Additional Work and return it to the original location or to another location requiring no more time than that required to return it to its original location; except that moving time will not be paid if the equipment is used on other than the Additional Work, even though located at the site of the Additional Work. (a) Rental Time Not Allowed. Rental time will not be
allowed while equipment is inoperative due to
breakdowns.
(b) Computation Method. The following shall be used in
computing the rental time of equipment on the
Project site.
(i) When hourly rates are paid, any part of an
hour less than 30 minutes of operation shall
be considered to be 1/2-hour of operation,
and any part of an hour in excess of 30
minutes will be considered one hour of
operation.
(ii) When daily rates are paid, any part of a day
less than 4 hours operation shall be
considered to be 1/2-day of operation, and
any part of an hour in excess of 4 hours will
be considered one day of operation.
ii. Rental Rates. Contractor will be paid for the use of equipment at the lesser of (i) the actual rental rate, or (ii) the rental rate listed for that equipment in the California Department of Transportation publication entitled Labor Surcharge and Equipment Rental Rates, which is in effect on the date upon which the Contract was executed. Such
rental rates will be used to compute payments for equipment whether the equipment is under Contractor’s control through
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direct ownership, leasing, renting, or another method of acquisition. The rental rate to be applied for use of each item of equipment shall be the rate (i.e., daily, monthly) resulting in the least total cost to the City for the total period of use. If it is deemed necessary by Contractor to use
equipment not listed in the publication, an equitable rental rate for the equipment will be established by the City’s Representative. Contractor may furnish cost data which
might assist the City’s Representative in the establishment of the rental rate.
iii. Contractor-Owned Equipment.
(a) For Contractor-owned equipment, the allowed
equipment rental rate will be limited to the monthly
equipment rental rate using a utilization rate of 173
hours per month.
(b) For Contractor-owned equipment, the rental time to
be paid for equipment on the Site shall be the time
the equipment is in productive operation, unless, in
the instance of standby time, the equipment could be
actively used by Contractor on another project, then
City shall pay for the entirety of the time the
equipment is on Site. It shall be Contractor’s burden
to demonstrate to the City that the equipment could
be actively used on another project.
(i) All equipment shall, in the opinion of the
City’s Representative, be in good working
condition and suitable for the purpose for
which the equipment is to be used.
(ii) Before construction equipment is used on
the Additional Work, Contractor shall plainly
stencil or stamp an identifying number
thereon at a conspicuous location, and shall
furnish to the City’s Representative, in
duplicate, a description of the equipment and
its identifying number and the scheduled
Additional Work activities planned.
(iii) Unless otherwise specified, manufacturer’s
rating and manufacturer approved
modifications shall be used to classify
equipment for the determination of
applicable rental rates. Equipment which
has no direct power unit shall be powered by
a unit of at least the minimum rating
recommended by the manufacturer.
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f. Special Services. Special work or services are defined as that Additional Work characterized by extraordinary complexity, sophistication, or innovation or a combination of the foregoing attributes which are unique to the construction industry. i. Invoices for Special Services. When the City’s
Representative and Contractor determine that a special
service is required which cannot be performed by the forces of Contractor or those of any of its Subcontractors, the special service may be performed by an entity especially skilled in the Additional Work. Invoices for special services based upon the current fair market value thereof may be accepted without complete itemization of labor, material, and equipment rental costs, after validation of market values by the City’s Representative.
ii. Discount and Allowance. All invoices for special services will be adjusted by deducting all trade discounts offered or available, whether the discounts were taken or not. In lieu of Overhead and Profit specified herein, a total allowance not to exceed fifteen percent (15%) for Overhead and Profit will be added to invoices for Special Services.
iii. When the City determines, in its sole discretion, that competitive bidding is necessary for certain special
services, Contractor shall solicit competitive bids for those special services.
g. Excluded Costs. The term Time and Material shall not include any of the following costs or any other home or field office overhead costs, all of which are to be considered administrative costs covered by Contractor’s allowance for Overhead and Profit.
i. Overhead Cost. Payroll costs and other compensation of Contractor’s officers, executives, principals, general
managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, timekeepers, clerks, and other personnel employed by
Contractor whether at the Site or in Contractor’s principal office or any branch office, material yard, or shop for general administration of the Additional Work;
ii. Office Expenses. Expenses of Contractor’s principal and branch offices;
iii. Capital Expenses. Any part of Contractor’s capital expenses, including interest on Contractor’s capital
employed for the Additional Work and charges against
Contractor for delinquent payments;
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iv. Negligence. Costs due to the negligence of Contractor or any Subcontractor or Supplier, or anyone directly or
indirectly employed by any of them or for whose acts any of them may be liable, including without limitation the
correction of Defective Work, disposal of materials or
equipment wrongly supplied, and making good any damage
to property;
v. Other. Other overhead or general expense costs of any kind and the cost of any item not specifically and expressly included in the Contract Documents;
vi. Small Tools. Cost of small tools valued at less than $1,000 and that remain the property of Contractor;
vii. Administrative Costs. Costs associated with the preparation of Change Orders (whether or not ultimately authorized), cost estimates, or the preparation or filing of Claims; viii. Anticipated Lost Profits. Expenses of Contractor associated with anticipated lost profits or lost revenues, lost income or earnings, lost interest on earnings, or unpaid retention; ix. Home Office Overhead. Costs derived from the
computation of a “home office overhead” rate by application of the Eichleay, Allegheny, burden fluctuation, or other similar methods;
x. Special Consultants and Attorneys. Costs of special
consultants or attorneys, whether or not in the direct employ of Contractor, employed for services specifically related to the resolution of a Claim, dispute, or other matter arising out of or relating to the performance of the Additional Work. h. Overhead, Profit and Other Charges. The mark-up for overhead (including supervision) and profit on work added to the Contract shall be according to the following:
i. “Net Cost” is defined as consisting of costs of labor, materials, and tools and equipment only excluding overhead and profit. The costs of applicable insurance and bond
premium will be reimbursed to the Contractor and
subcontractors at cost only, without mark-up. Contractor shall provide City with documentation of the costs, including, but not limited to, payroll records, invoices, and such other information as City may reasonably request.
ii. For Work performed by the Contractor’s forces, the added cost for overhead and profit shall not exceed fifteen percent (15%) of the Net Cost of the Work.
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iii. For Work performed by a subcontractor, the added cost for overhead and profit shall not exceed fifteen percent (15%) of the subcontractor’s Net Cost of the Work to which the Contractor may add five percent (5%) of the subcontractor’s Net Cost.
iv. For Work performed by a sub-subcontractor, the added cost for overhead and profit shall not exceed fifteen percent (15%) of the sub-subcontractor’s Net Cost for Work to which the subcontractor and general contractor may each add an additional five percent (5%) of the Net Cost of the lower tier subcontractor.
v. No additional mark-up will be allowed for lower tier subcontractors, and in no case shall the added cost for overhead and profit payable by City exceed twenty-five
percent (25%) of the Net Cost as defined herein, of the party that performs the Work.
5. All of the following costs are included in the markups for overhead and profit described above, and Contractor shall not receive any additional compensation for: Submittals, drawings, field drawings, Shop Drawings, including submissions of drawings; field inspection; General Superintendence; General administration and preparation of cost proposals, schedule analysis, Change Orders, and other supporting documentation; computer services; reproduction services; Salaries of project engineer, superintendent, timekeeper, storekeeper, and secretaries; Janitorial services; Small tools, incidentals and consumables; Temporary On-Site facilities (Offices, Telephones, High Speed Internet Access, Plumbing, Electrical Power, Lighting; Platforms, Fencing, Water), Jobsite and Home office overhead or other expenses; vehicles and fuel used for work otherwise included in the Contract Documents; Surveying; Estimating; Protection of Work; Handling and disposal fees; Final Cleanup; Other Incidental Work; Related Warranties; insurance and bond premiums.
6. For added or deducted Work by subcontractors, the Contractor shall furnish to the City the subcontractor’s signed detailed record of the cost of labor, material and equipment, including the subcontractor markup for overhead and profit. The same requirement shall apply to sub-subcontractors
7. For added or deducted work furnished by a vendor or supplier, the Contractor shall furnish to the City a detailed record of the cost to the Contractor, signed by such vendor or supplier.
8. Any change in the Work involving both additions and deletions shall indicate a net total cost, including subcontracts and materials. Allowance for overhead and profit, as specified herein, shall be applied if the net total cost is an increase in the Contract Price; overhead and profit allowances shall not be applied if the net total cost is a deduction to the Contract Price.
The estimated cost of deductions shall be based on labor and material prices on the date the Contract was executed.
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9. Contractor shall not reserve a right to assert impact costs, extended job site costs, extended overhead, constructive acceleration and/or actual acceleration beyond what is stated in the Change Order for Work. No claims shall be allowed for impact, extended overhead costs, constructive acceleration and/or actual acceleration due to a multiplicity of changes and/or clarifications. The Contractor may not change or modify the City’s change order form in an attempt to reserve additional rights.
10. If the City disagrees with the proposal submitted by Contractor, it will notify the Contractor and the City will provide its opinion of the appropriate price and/or time extension. If the Contractor agrees with the City, a Change Order will be issued by the City. If no agreement can be reached, the City shall have the right to issue a unilateral Change Order setting forth its determination of the reasonable additions or savings in costs and time attributable to the extra or deleted work. Such determination shall become final and binding if the Contractor fails to submit a claim in writing to the City within fifteen (15) Days of the issuance of the unilateral Change Order, disputing the terms of the unilateral Change Order, and providing such supporting documentation for its position as the City may require.
C. Change of Contract Times.
1. The Contract Times may only be changed by a Change Order.
2. All changes in the Contract Price and/or adjustments to the Contract Times related to each change shall be included in Contractor’s COR pursuant to this Article. No cost or time will be allowed for cumulative effects of multiple changes. All Change Orders must state that the Contract Time is not changed or is either increased or decreased by a specific number of days.
Failure to include a change to time shall waive any change to the time unless the parties mutually agree in writing to postpone a determination of the change to time resulting from the Change Order.
3. Notice of the amount of the request for adjustment in the Contract Times with supporting data shall be delivered within seven (7) Days after such start of occurrence, unless City’s Representative allows an additional period of time to ascertain more accurate data in support of the request.
No extension of time or additional compensation shall be given for a delay if the Contractor failed to give notice in the manner and within the time prescribed.
4. City may elect, at City’s sole discretion, to grant an extension in Contract Times, without Contractor’s request, because of delays or other factors.
5. Use of Float and Critical Path.
a. Float is for the benefit of the Project. Float shall not be considered for the exclusive use or benefit of either the City or the Contractor. b. Contractor shall not be entitled to compensation, and City will not compensate Contractor, for delays which impact early completion.
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Any difference in time between the Contractor’s early completion and the Contract Time shall be considered a part of the Project float.
6. Contractor’s entitlement to an extension of the Contract Times is limited to a City-caused extension of the critical path, reduced by the Contractor’s concurrent delays, and established by a proper time impact analysis. No time extension shall be allowed unless, and then only to the extent that, the City-caused delay extends the critical path beyond the previously approved Contract Time. If approved, the increase in time required to complete the Work shall be added to the Contract Time.
a. Contractor shall not be entitled to an adjustment in the Contract Price or Contract Times for delays within the control of Contractor.
Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor.
b. If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions (as determined by the City), Acts of God, acts or failures to act of utility owners not under the control of City, or other causes not the fault of and beyond control of City and Contractor, then Contractor shall be entitled to an time extension when the Work stopped is on the critical path. Such a non-compensable adjustment shall be Contractor’s sole and exclusive remedy for such delays. Contractor must submit a timely request in accordance with the requirements of this Article.
c. Utility-Related Delays.
i. Contractor shall immediately notify in writing the utility owner and City’s Representative of its construction schedule and any subsequent changes in the construction schedule which will affect the time available for protection, removal, or relocation of utilities. Requests for extensions of time arising out of utility relocation or repair delays shall be filed in accordance with this Article.
ii. Contractor shall not be entitled to damages or additional payment for delays attributable to utility relocations or alterations if correctly located, as noted in the Contract Documents or by the Underground Service Alert survey.
7. Content for Requests for Contract Extension. Contractor’s justification for entitlement shall be clear and complete citing specific Contract Document references and reasons on which Contractor’s entitlement is based. At a minimum, each request for a time extension must include:
a. Each request for an extension of Contract Time must identify the impacting event, in narrative form, providing a description of the delay event and sufficient justification as to why the Contractor is
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entitled to a time extension. Contractor must demonstrate that the delay arises from unforeseeable causes beyond the control and without the fault or negligence of both Contractor and any Subcontractors or Suppliers, or any other persons or organizations employed by any of them or for whose acts any of them may be liable, and that such causes in fact lead to performance or completion of the Work, or specified part in question, beyond the corresponding Contract Times, despite Contractor’s reasonable and diligent actions to guard against those effects.
b. Each request for an extension of Contract Time must include a time impact analysis in CPM format, using the Contemporaneous Impacted As-Planned Schedule Analysis to calculate the impact of the delay event.
8. No Damages for Reasonable Delay.
a. City’s liability to Contractor for delays for which City is responsible shall be limited to only an extension of time unless such delays were unreasonable under the circumstances. In no case shall City be liable for any costs which are borne by the Contractor in the regular course of business, including, but not limited to, home office overhead and other ongoing costs.
b. City and City’s Representative, and the officers, members, partners, employees, agents, consultants, or subcontractors of each of them, shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project.
9. Contractor’s failure, neglect, or refusal to comply with the requirements of the Contract Documents, or any portion thereof, shall bar Contractor’s request for extensions of the Contract Times. Such failure, neglect, or refusal prejudices City’s and City’s Representative’s ability to recognize and mitigate delay, and such failure, neglect, or refusal prevent the timely analysis of requests for extensions of Contract Times, and whether such extensions may be warranted. Contractor hereby waives all rights to extensions of Contract Times due to delays or accelerations that result from or occur during periods of time for which Contractor fails, neglects, or refuses to fully comply with the requirements of this Article.
10. Contractors submission of daily construction reports and schedule updates in accordance with these Contract Documents is required for the evaluation of the merits of time extension request. Failure of the Contractor to submit daily construction reports and schedule updates shall constitute a waiver of its right to seek a time extension or additional compensation.
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ARTICLE 43 FINAL ACCEPTANCE AND PAYMENT
A. Final Inspection. Upon written notice from Contractor that the entire Work is complete, the Engineer will promptly make a final inspection and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies.
B. Final Acceptance. After Contractor has, in the opinion of the Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions (see Section 01 78 23 for additional information), schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, marked-up record documents (as-builts), and other documents required by the Contract Documents, the City shall execute and file with the County in which the Project is located a Notice of Completion, constituting final acceptance and completion of the Project, except as may be expressly noted.
C. Final Payment.
1. Application for Payment. Upon execution of the Notice of Completion, Contractor may make application for final payment following the procedure for progress payments. The final application for payment shall be accompanied (except as previously delivered) by: all documentation called for in the Contract Documents, including but not limited to a fully completed Conditional Waiver and Release on Final Payment
2. City’s Review of Application and Acceptance. If, on the basis of the City’s observation of the Work during construction and final inspection, and review of the final Application for Payment and accompanying documentation as required by the Contract Documents, the City is satisfied that the Work has been completed and Contractor has satisfied all other requirements for final payment, the City will process the final payment application. Otherwise, the City will return the payment application to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the application for payment.
3. Payment Becomes Due. Within sixty (60) Days after the presentation to the City of the proper and complete final application for payment and accompanying documentation, the amount recommended by the Engineer, less any sum the City is entitled to set off pursuant to the Contract Documents, will become due and will be paid by the City to Contractor.
D. Waiver of Claims. The making and acceptance of final payment will constitute a waiver of all Claims by Contractor against the City other than those previously made in accordance with the requirements herein and expressly acknowledged by the City in writing as still unsettled.
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ARTICLE 44 OCCUPANCY
The City reserves the right to occupy or utilize any portion of the Work at any time before completion, and such occupancy or use shall not constitute acceptance of any part of Work covered by this Contract. This use shall not relieve the Contractor of its responsibilities under the Contract.
ARTICLE 45 INDEMNIFICATION
To the fullest extent permitted by law, Contractor shall immediately defend (with counsel of the City’s choosing), indemnify and hold harmless the City, officials, officers, agents, employees, and representatives, and each of them from and against:
A. Any and all claims, demands, causes of action, costs, expenses, injuries, losses or liabilities, in law or in equity, of every kind or nature whatsoever, but not limited to, injury to or death, including wrongful death, of any person, and damages to or destruction of property of any person, arising out of, related to, or in any manner directly or indirectly connected with the Work or this Contract, including claims made by subcontractors for nonpayment, including without limitation the payment of all consequential damages and attorney’s fees and other related costs and expenses, however caused, regardless of whether the allegations are false, fraudulent, or groundless, and regardless of any negligence of the City or its officers, employees, or authorized volunteers (including passive negligence), except the sole negligence or willful misconduct or active negligence of the City or its officials, officers, employees, or authorized volunteers.
B. Contractor’s defense and indemnity obligation herein includes, but is not limited to damages, fines, penalties, attorney’s fees and costs arising from claims under the Americans with Disabilities Act (ADA) or other federal or state disability access or discrimination laws arising from Contractor’s Work during the course of construction of the improvements or after the Work is complete, as the result of defects or negligence in Contractor’s construction of the improvements.
C. Any and all actions, proceedings, damages, costs, expenses, fines, penalties or liabilities, in law or equity, of every kind or nature whatsoever, arising out of, resulting from, or on account of the violation of any governmental law or regulation, compliance with which is the responsibility of Contractor; D. Any and all losses, expenses, damages (including damages to the Work itself), attorney’s fees, and other costs, including all costs of defense which any of them may incur with respect to the failure, neglect, or refusal of Contractor to faithfully perform the Work and all of Contractor’s obligations under the agreement. Such costs, expenses, and damages shall include all costs, including attorney’s fees, incurred by the indemnified parties in any lawsuit to which they are a party.
Contractor shall immediately defend, at Contractor’s own cost, expense and risk, with the City Council’s choosing, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, agents, employees and representatives. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the City, its officials, officers, employees, agents, employees and representatives, in any such suit, action or other legal proceeding. Contractor shall reimburse the
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City, its officials, officers, agents, employees and representatives for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. The only limitations on this provision shall be those imposed by Civil Code section 2782.
ARTICLE 46 PROCEDURE FOR RESOLVING DISPUTES
Contractor shall timely comply with all notices and requests for changes to the Contract Time or Contract Price, including but not limited to all requirements of Article 42, Changes and Extra Work, as a prerequisite to filing any claim governed by this Article. The failure to timely submit a notice of delay or notice of change, or to timely request a change to the Contract Price or Contract Time, or to timely provide any other notice or request required herein shall constitute a waiver of the right to further pursue the claim under the Contract or at law.
A. Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Article is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Article shall be construed to be consistent with said statutes.
B. Claims. For purposes of this Article, “Claim” means a separate demand by the Contractor, after a change order duly requested in accordance with Article 42 “Changes and Extra Work” has been denied by the City, for (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, or (C) an amount the payment of which is disputed by the City. Claims governed by this Article may not be filed unless and until the Contractor completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the procedures contained in Article 42, Changes and Extra Work, and Contractor’s request for a change has been denied in whole or in part. Claims governed by this Article must be filed no later than the date of final payment. The claim shall be submitted in writing to the City and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing herein is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra Work, disputed Work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.
C. Supporting Documentation. The Contractor shall submit all claims in the following format:
1. Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made
2. List of documents relating to claim:
Specifications
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Drawings
Clarifications (Requests for Information)
Schedules
Other
3. Chronology of events and correspondence
4. Analysis of claim merit
5. Analysis of claim cost
6. Time Impact Analysis in CPM format
D. City’s Response. Upon receipt of a claim pursuant to this Article, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 Days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 Days after the City issues its written statement.
1. If the City needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the City’s governing body does not meet within the 45 Days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three Days following the next duly publicly noticed meeting of the City’s governing body after the 45-Day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.
2. Within 30 Days of receipt of a claim, the City may request in writing additional documentation supporting the claim or relating to defenses or claims the City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor. The City’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 Days (if the claim is less than $15,000, within 15 Days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.
E. Meet and Confer. If the Contractor disputes the City’s written response, or the City fails to respond within the time prescribed, the Contractor may so notify the City, in writing, either within 15 Days of receipt of the City’s response or within 15 Days of the City’s failure to respond within the time prescribed, respectively, and demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, the City shall schedule a meet and confer conference within 30 Days for settlement of the dispute.