Agenda packet — Redlands City Council, September 5, 2023 (part 3 of 6)

ARTICLE 8 – CONFLICTS OF INTEREST

8.1 Consultant covenants and represents that it does not have any investment or interest in any real property that may be the subject of this Agreement or any other source of income, interest in real property or investment that would be affected in any manner or degree by the performance of Consultant’s Services. Consultant further covenants and represents that Redlans Regular Meeting of 09-05-2023
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7 I:\cmo\Agreements\Tilden-Coil Constructors Inc FY22-0232 .docx-jm-HR in the performance of its duties hereunder, no person having any such interest shall perform any Services under this Agreement.

8.2 Consultant agrees it is not a designated employee within the meaning of the Political Reform Act because Consultant:

A. Does not make a governmental decision whether to:

(i) approve a rate, rule or regulation, or adopt or enforce a City law; (ii) issue, deny, suspend or revoke any City permit, license, application, certification, approval, order or similar authorization or entitlement; (iii) authorize City to enter into, modify or renew a contract; (iv) grant City approval to a contract that requires City approval and to which City is a party, or to the specifications for such a contract; (v) grant City approval to a plan, design, report, study or similar item; (vi) adopt, or grant City approval of, policies, standards or guidelines for City or for any subdivision thereof.

B. Does not serve in a staff capacity with City and in that capacity, participate in making a governmental decision or otherwise perform the same or substantially the same duties for City that would otherwise be performed by an individual holding a position specified in City’s Conflict of Interest Code under Government Code section 87302.

8.3 In the event City determines that Consultant must disclose its financial interests, Consultant shall complete and file a Fair Political Practices Commission Form 700, Statement of Economic Interests, with the City Clerk’s office pursuant to the written instructions provided by the City Clerk.

8.4 Independent Contractor.

A. Consultant is and shall at all times remain as to City a wholly independent contractor. Personnel performing the Services on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither the City, nor any of its officers, employees, or agents shall have control over the conduct of Consultant, or its officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or bind the City in any manner.

B. Consultant expressly acknowledges and agrees that City has no obligation to pay or withhold state or federal taxes or to provide workers’ compensation or unemployment insurance or other employee benefits and that any person employed by Consultant shall not be in any way an employee of the City. Consultant shall have the sole legal responsibility to remit all federal and state income and social security taxes and to provide for his/her own work ers compensation and unemployment insurance and that of his/her employees or subcontractors. City Redlans Regular Meeting of 09-05-2023
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8.5 Responsible Pr incipal(s). Consultant’s responsible principal Bryant Ismerio, Project Executive, shall be principally responsible for Consultant’s obligations under this Agreement and shall serve as principal liaison between City and Consultant. Designation of another R esponsible Principal by Consultant shall not be made without prior written consent of City. City’s Responsible Principal shall be Chris Boatman, Assistant City Manager, who shall administer the terms of the Agreement on behalf of City.

Consultant’s management and supervision personnel assigned to an Assigned Project shall be identified within the Task Order Form of the Assigned Project.

Consultant shall not substitute any of the above -named individuals without the express written consent of the City.

ARTICLE 9 – GENERAL CONSIDERATIONS

9.1 Mutual Cooperation.

A. City’s Cooperation. City shall provide Consultant with all pertinent Data, documents and other requested information as is reasonably available for Consultant’s proper performance of the Services required under this Agreement.

B. Consultant’s Cooperation. In the event any claim or action is brought against City relating to Consultant’s performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires.

9.2 In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing party shall, in addition to any costs and other relief, be entitled to the recovery of its rea sonable attorneys’ fees, including fees for the use of in - house counsel by a Party.

9.3 Consultant shall not assign any of the Services, except with the prior written approval of City and in strict compliance with the terms and conditions of this Agreemen t. Any assignment or attempted assignment without such prior written consent may, in the sole discretion of City, result in City’s immediate termination of this Agreement.

9.4 This Agreement may be terminated by City, in its sole discretion, by providing not less than five (5) days prior written notice to Consultant of City’s intent to terminate. If this Agreement is terminated by City, an adjustment to Consultant’s compensation shall be made, but (1) no amount shall be allowed for anticipated profit or u nperformed Services, and (2) any payment due Consultant at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Consultant. Upon receipt of a termination notice, Consultant shall immediately discontinue its provision of the Services and, within five (5) days of the date of the termination notice, deliver or otherwise make available to City, copies (in both hard copy and electronic form, where applicable) of project related data, design calculati ons, drawings, specifications, reports, estimates, Redlans Regular Meeting of 09-05-2023
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9 I:\cmo\Agreements\Tilden-Coil Constructors Inc FY22-0232 .docx-jm-HR summaries and such other information and materials as may have been accumulated by Consultant in performing the Services. Consultant shall be compensated on a pro-rata basis for Services completed up to the date of termination.

9.5 Consultant shall maintain books, ledgers, invoices, accounts and other records and documents evidencing costs and expenses related to the Services for a period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant pursuant to this Agreement. Such books shall be available at reasonable times for examination by City at the office of Consultant.

9.6 This Agreement, including the Exhibits incorporated herein by reference, represen ts the entire agreement and understanding between the Parties as to the matters contained herein, and any prior negotiations, written proposals or verbal agreements relating to such matters are superseded by this Agreement. Except as otherwise provided for herein, any amendment to this Agreement shall be in writing, approved by City and signed by City and Consultant.

9.7 Final Payment Acceptance Constitutes Release. The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished or relating to Consultant’s work or services. Acceptance of payment shall be any negotiation of City’s check or the failure to make a written extra compensation claim within ten calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant , its employees, subcontractors and agents of its indemnification obligations under Section 7 or for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors and agents.

9.8 Corrections. In addition to the above indemnification obligations, Consultant shall correct, at its expense, all errors in the work which may be disclosed during City’s review of Consultant’s reports or plans, or other submittals. Should Consultant fail to make such correction in a reasonably timely manner, such correction may be made by Ci ty, and the cost thereof shall be charged to Consultant. In addition to all other available remedies, City may deduct the cost of such correction from any retention amount held by City or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction.

9.9 Non-Appropriation of Funds. Payments to be made to Consultant by City for services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Consultant’s services beyond the current fiscal year, the Agreement shall cover payment for Consultant’s services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year.

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9.10 This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of laws provisions. The Parties agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated only in the state courts located in San Bernardino County, California, and the federal courts located in Riverside County, California.

9.11 Rules of Construction. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party.

9.12 Non-Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic informat ion, sexual orientation or other basis prohibited by law. Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious c reed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation.

9.13 Undue Influence. Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. Consultant declares and warrants that no officer or employee of the City will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity.

9.14 Prevailing Wage and Payroll Records. If this Agreement calls for services that, in whole or in part, constitute “public works” as defined in the California Labor Code, then Consultant shall comply with the provisions of Exhibit E titled, “Terms for Compliance with California Labor Law Requirements, ” which is attached hereto and incorporated herein by this reference. Consultant shall indemnify, defend and hold harmless City, and City’s elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those Cit y agents serving as independent consultants for any alleged failure to comply with California Labor Law requirements.

9.15 Corporate Authority. Each person executing this Agreement on behalf of his or her Party warrants that he or she is duly authorized to execute this Agreement on behalf of that Party and that by such execution, that Party is formally bound to the provisions of this Agreement.

9.16 Statement of Experience. By executing this Agreement, Consultant represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Redlans Regular Meeting of 09-05-2023
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11 I:\cmo\Agreements\Tilden-Coil Constructors Inc FY22-0232 .docx-jm-HR Agreement in a manner satisfactory to City. Consultant represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private consultants, and experience in dealing with public agencies all suggest that Consultant is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effecti vely with and to satisfy a public City. The Parties, through their duly authorized representatives are signing this Agreement on the date stated in the introductory clause.

9.17 If one or more of the sentences, clauses, paragraphs or sections contained in this Agreement is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate the remaining sentences, clauses, paragraph s or sections contained herein, unless to do so would deprive a Party of a material benefit of its bargain under this Agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement, to be effective as of September 5, 2023.

CITY OF REDLANDS TILDEN-COIL CONSTRUCTORS, INC.

By: ___________________________ By: _________________________ Eddie Tejeda, Mayor Dayne Brassard, President & CEO

ATTEST:

_________________________
Jeanne Donaldson, City Clerk
Redlans Regular Meeting of 09-05-2023
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12 I:\cmo\Agreements\Tilden-Coil Constructors Inc FY22-0232 .docx-jm-HR EXHIBIT "A"

SCOPE OF SERVICES

Preconstruction Phase

a. Value Engineering and Constructability. Provide plan review and constructability services with an emphasis on ensuring that the project can be completed within the established schedule and within the available budget. Provide a detailed analysis of all major project systems with an emphasis on possible value engineering items. Provide clash detection review using the Building Information Model provided by the Architect.

b. Detailed Construction CPM Schedule. Produce detailed construction CPM schedule to be incorporated into the project documents i ncluding identification of the project critical path.

c. Preliminary and Detailed Estimates. Provide a preliminary construction estimate using like kind construction costs. Upon receipt of plans and specifications, provide a detailed construction estimate showing the values of all major components of the project.

d. Bidding Strategies. Consult with the Architect and City staff regarding bidding strategies with an emphasis upon timing, development of alternates, and bid package scoping.

e. Project Accounting and Management Systems. In concert with City staff, develop the project accounting and budget management systems.

f. General Conditions Document Preparation. The Construction Manger shall ensure that the General Conditions are suitable for the Construction Management Multi-Prime delivery system.

g. Project Scoping. Multiple Prime Construction Management requires that the project be divided into logical categories of work.

h. Bidder Interest. Generate and encourage bidder interest in the project and provide assistance with such issues as bonding, insurance, and prevailing wage compliance.

i. Advertisements. Assist City staff with the placement of both the project legal advertisements and any other pre-bid advertisements.

j. Pre-bid Conferences. In cooperation with City s taff conduct pre -bid and site visit meetings with potential bidders.

k. Responses to Bidder Inquiries. Provide coordination of and, when possible, responses to bidder inquiries.

l. Plan and Addenda Distribution. Distribute all plan sets, bid packages, and adde nda electronically.

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m. Bid Evaluation and Review. Review and evaluate all bids for responsiveness and certify the construction bid results.

n. Contract Documents. Prepare contract packages for City review. Distribute and monitor completion of these contract packages.

o. NOA's and NTP's. Issue Notices of Award (NOA) and Notices to Proceed (NTP) on behalf of the City.

Construction Phase

a. CPM Schedule Maintenance. Maintain a detailed and date specific CPM schedule.

Continue to update the CPM construction schedule and distribute to the appropriate parties.

b. Budget Control and Maintenance. Prepare cumulative project budget reports updated regularly with the latest construction cost and soft cost data.

c. Storm Water Pollution Plan. Ensure that Storm Water Pol lution Prevention Plan is initiated and maintained.

d. Schedule of Values. Review and reconcile each contractor’s schedule of values for each of the activities included in the construction schedule. Incorporate this report into the project standard billing package and use as the basis for all future progress payments during the construction phase.

e. Monthly Billing Procedures. Generate a standard billing process and confirm billing information from the contractors. Review and obtain Inspector and Arch itect approvals.

Forward monthly contractor billing packages to the City.

f. Safety Programs. To the extent required by OSHA or any other public agency, obtain each Contractor’s safety programs and monitor their implementation along with any necessary safety meetings. Construction Manager’s responsibilities for monitoring of safety programs shall not extend to direct control over or charge of the acts or omissions of the Contractors.

g. Conduct Pre -Construction Conference. Conduct pre -construction conference for the benefit of the successful contractors. Provide information with regard to reporting procedures and site rules and regulations prior to the start of construction.

h. Project Record Documents. Coordinate and expedite all activities in connection with the contractors’ obligation to provide “as -built” documents. Ensure that all as -builts are incorporated into a single set of Project Record Documents.

i. Document Control. Establish and implement procedures for submittals , change orders, and requests for information. Maintain logs, files, and other necessary documentation.

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14 I:\cmo\Agreements\Tilden-Coil Constructors Inc FY22-0232 .docx-jm-HR j. Building Information Modeling. Conduct trade coordination meetings with the contractors within the Building Information Model, including incorporation of shop drawings within the model.

k. Shop Drawings & Submittals. Review and monitor the status of shop drawings and related correspondence.

l. Administration of the Construction Contracts. Management and Supervision:

Manage, supervise and coordinate all co nstruction activities in accordance with the Construction Documents and project schedule. Provide full-time onsite management of the project as necessary. Ensure that City requirements regarding certified payrolls and subcontractor and material supplier releases are carried out.

m. Change Order Review. Establish and implement a change order processing system that provides review of scope, price, and added contract time.

n. Contractor Claims. Evaluate and mitigate all claims for additional cost or time due to any alleged cause.

o. Project Meetings. Coordinate and attend weekly job-site progress meetings with the City, Architect, Inspector, and Prime Contractors if and when needed.

p. Insurance Certificates. Monitor Prime Contractor insurance certificates for coverage s, endorsements, limits, and expiration dates.

q. Relocation. Coordinate the arrival and installation of any City furnished materials and FF&E. Provide coordination schedules for user relocation if needed.

r. User Training. Schedule and document all City training sessions. Arrange for supplementary information where needed. Arrange for manufacturers to conduct training for maintenance and operations staff.

s. Punch lists. Develop punch list of defective work. Create a punch list schedule for completion. Verify completion of punch list items.

t. Submit As -Builts. Review contractual requirements for As -Built Documents and submission procedures.

u. Project Closeout and Warranties. Create Operation and Maintenance Manuals. Compile all contractor turn -over items and deliver to the City. Process and coordinate all post construction project warranty and guarantee claims.

v. Final Lean Releases. Verify requirements in the Construction Documents.

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15 I:\cmo\Agreements\Tilden-Coil Constructors Inc FY22-0232 .docx-jm-HR EXHIBIT “B”

TASK ORDER FORM

TASK ORDER FORM #___
This Task Order Form is executed between City of Redlands (“City”) and Tilden-Coil Constructors, Inc. (“Consultant”) pursuant to the Professional Services Agreement for Master Construction Management Services (“Agreement”) between the Consultant and the City dated _______. By this reference, the Agreement is incorporated herein as if set forth in full.

1. Assigned Project

a) [Name]

2. Construction Management (CM) Project Personnel. The following personnel of the Consultant are assigned to completion of tasks and services for the foregoing described Assigned Project. Consultant personnel designated for the Assigned Project shall not be modified without the prior consent of the City.

[List of assigned personnel]

3. Basic Services. The Consultant will provide all of the Basic Services set forth in the Agreement, as modified below for the above-described Assigned Project

[List any modifications to Basic Service Listed in Exhibit A of the Agreement]

4. Compensation:

a) Contract Price.

The Contract Price under this Task Order Form consists of Three components:

i. CM Fee: The fee of the CM for the Basic Services for the Assigned Project shall be 25% of the final Construction Costs which is currently estimated to be $3,000,000

ii. Preconstruction: Preconstruction shall be reimbursed at billable rates and actual material costs. The not to exceed budget for the preconstruction services is $_____. The Preconstruction budget is based upon the timelines identified in Attachment No.1 to this Task Order Form.

iii. General Conditions: Consultant shall provide the General C onditions for the Project. General Conditions of the Project are defined as costs associated with project start -up, managing and supervising contractors and related support activities which must be in place to support the execution of the Project. These support activities include but are not limited to construction supervision, management, CPM construction scheduling, building Redlans Regular Meeting of 09-05-2023
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General Conditions shall be reimbursed at billable rates and actual material costs. The estimated General Conditions budget for the Project is _____. The General Conditions estimate is based upon the timelines identified Attachment No.1 to this Task Order Form. The schedule of values for General Conditions is attached hereto as Attachment No. 2.

Dated: _______

[CITY]

By: ____________________________

Title: ___________________________
[CONSULTANT]

By: ____________________________

Title:

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EXHIBIT “C”

FEE SCHEDULE & HOURLY RATES

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18 I:\cmo\Agreements\Tilden-Coil Constructors Inc FY22-0232 .docx-jm-HR EXHIBIT “D”

TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS

1. This Agreement calls for services that, in whole or in part, constitute “public works” as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code (“Chapter 1”). Further, Consultant acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulat ions established by the Department of Industrial Relations (“DIR”) implementing such statutes. Therefore, as to those Services that are “public works”, Consultant shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein.

2. California law requires the inclusion of specific Labor Code provisions in certain contracts.

The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above.

3. Consultant shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Consultant shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Consultant and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If the Consultant or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Consultant shall immediately notify City.

4. Pursuant to Labor Code Section 1771.4, Consultant’s Services are subject to compliance monitoring and enforcement by DIR. Consultant shall post job site notices, as prescribed by DIR regulations.

5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement.

6. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Consultant shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any p ublic work done pursuant to this Agreement by Consultant or by any subcontractor.

7. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records.

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8. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code title 8, section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations.

Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.

9. The Consultant shall not perform Work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. The Consultant and subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If the Consultant or any subcontractor becomes d ebarred or suspended during the duration of the project, the Consultant shall immediately notify City.

10. Consultant acknowledges that eight hours labor constitutes a legal day’s work. Consultant shall comply with and be bound by Labor Code Section 181 0. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of thi s Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay.

11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to it s employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows:

“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.”

12. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Consultant shall include in the written contract between it and each subcontractor a copy of those statutory prov isions and a requirement that each subcontractor shall comply with those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limita tion, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified Redlans Regular Meeting of 09-05-2023
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20 I:\cmo\Agreements\Tilden-Coil Constructors Inc FY22-0232 .docx-jm-HR prevailing rate of wages. Consultant shall diligently take correct ive action to halt or rectify any failure.

13. To the maximum extent permitted by law, Consultant shall indemnify, hold harmless and defend (at Consultant’s expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Consultant, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequent ial damages, attorneys’ fees, and other related costs and expenses. All duties of Consultant under this Section shall survive the termination of the Agreement.

Every employer, except the State, shall secure the payment of compensation in one or more of the following ways:

(a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations, a certificate of consent to self-insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self -insure and to pay any compensation that may become due to his or her employees.

CHECK ONE

_____I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provis ions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement. (Labor Code §1861).

_____I affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers’ compensation laws of California. However, at any time, if I employ any person such that I become subject to the workers’ compensation laws of California, immediately I shall provide the City with a certificate of consent to self -insure, or a certification of workers’ compensation insurance.

I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct.

TILDEN-COIL CONSTRUCTORS, INC.

By: Date: ___________________
Dayne Brassard, President & CEO
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DATE
OF REQUEST:

An a
dditional appropriation is hereby requested as follows:

Department:

JUSTIFICATION:

Requested By:

Recommended By Finance Director: Recommended:

Yes No Signed
Comments: Approved by City Council:

Date:

Signed:

City Clerk
REVENUE APPROPRIATION INCREASE (if applicable)
EXPENDITURE APPROPRIATION INCREASE (if applicable)
$
-
$
-

TRANSACTION
NO:

ACCOUNTING PERIOD:

Acc
ount Description Orgkey Object Code Job Ledger (If
applicable) Amount
Job Ledger (If
applicable) AmountAccount Description Orgkey Object Code Department Head
City Manager
CITY

OF REDLANDS
REQ

UEST FOR ADDITIONAL APPROPRIATION
FINANC

E USE ONLY
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e 1 of 1
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City Council/Successor Agency Meeting L. 4.

DATE: 09/05/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of an award of construction contract for the California Street Landfill Gas Extraction Wells Phase 2 & 3 to BSE General Engineering Inc, in the amount of $423,726.47; and determination that the project is not subject to further environmental review pursuant to Section 15162 of the State's guidelines implementing the California Environmental Act (Facilities and Community Services Director Crocker)
MOTION(S):

If the City Council determines that staff’s recommendation is appropriate, the following motions are provided:

1. I move to determine that the award of a construction contract to BSE General Engineering, Inc., for the California Street Landfill Gas Extraction Wells Installation for Phase 2 & 3, and is not subject to further environmental review pursuant to Section 15162 of the State's guidelines implementing the California Environmental Act; and

2. I move that the City Council approve a construction contract with BSE General Engineering, Inc. for the California Street Landfill Gas Extraction Wells Installation for Phase 2 &3 for an amount of $423,726.47.

RECOMMENDATION:

Staff recommends that the City Council determine that approval of the construction contract to BSE General Engineering, Inc. for the California Street Landfill Gas Extraction Wells Installation for Phase 2 & 3 is exempt from further environmental review pursuant to Section 15162 of the state’s guidelines implementing the California Environmental Quality Act (CEQA) and award a construction contract to BSE General Engineering, Inc. for the California Street Landfill Gas Extraction Wells Installation for Phase 2 & 3in an amount of $423,726.47.

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DISCUSSION:

The California Street Landfill is required by Federal, State, and County agencies to remain in compliance with the regulatory requirements associated with the daily operations, monitoring, routine gas flare emissions, as well as reporting of the landfill gas extraction systems and other reporting requirements. Landfill gas emissions are typical at any landfill. Landfill gas is a combination of methane, carbon dioxide, and other trace gases from the natural decomposition of landfill waste.

Phase 2 & 3 of the landfill expansion areas have reached maximum waste placement, which means higher concentration gas levels are expected to quickly increase. To remain within compliance, additional wellheads must be installed to mitigate gas control. The proposed soil vapor extraction wells (SVE’s) will extract additional gas and are necessary to remain in compliance. The California Street Landfill Gas Extraction Wells for Phase 2 & 3 will be constructed according to the plans and specifications, and according to a construction quality assurance (CQA) report. The construction period for this project is one hundred twenty (120) calendar days.

In accordance with the City's procurement policy, staff issued a Request for Bid for the California Street Landfill Gas Extraction Wells Phase 2 & 3 project. On July 13, 2023, the City Clerk's office received and opened 2 bids. Staff evaluated the bids for conformance with the bid specifications and the purchasing guidelines. BSE General Engineering, Inc., met all bidding requirements and was deemed the apparent lowest responsive and responsible bidder. Therefore, it is recommended to award the construction contract to BSE General Engineering, Inc. in the amount of $423,726.47.

Vendor Name Bid Amount
BSE General Engineering, Inc. $423,726.47
LFG Engineering $571,385.95
The Project is consistent with the previously-adopted Environmental Impact Report, May 2022. Section 15162 of the CEQA guidelines states that no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, that it meets certain criteria. Staff analyzed the project in accordance with CEQA and determined that it does not require a subsequent EIR based on the following:

There are no substantial changes proposed in the project which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects.

1. No changes have occurred with respect to the circumstances under which2.

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the project is undertaken which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects.

There is no new information of substantial importance that was not known and could not have been known at the time the previous environmental documents were adopted that would result in a significant change. The previously adopted EIR analyzed and addressed any potentially significant impacts that would result from the project.

3. Therefore, the previously adopted environmental documents are sufficient for the California Street Landfill Gas Extraction Wells Phase 2 & 3 project and pursuant to State CEQA Guidelines Section 15162, which identifies the requirements for which subsequent analysis is required, no further environmental review is necessary.

ALTERNATIVES:

City Council may elect not to approve the construction contract and provide alternate direction to staff.

STRATEGIC PLAN:

Supports Priority D- Infrastructure.

SUBMITTED BY:

Tabitha Crocker, Facilities and Community Services Director RECOMMENDED BY:

Charles M. Duggan Jr., City Manager
REVIEWED BY:

Yvette M. Abich Garcia, City Attorney
Chris Boatman, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
Dana Abramovitz-Daniel, Procurement Manager
PREPARED BY:

Nathalie Ayala, Senior Administrative Assistant
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Fiscal Impact
Fiscal Year: FY 2023-24
Revenue Generating: Yes
Appropriation Required Y/N: N
Amount: 423,726.47
Budgeted Y/N: Y
Account No.: 511910-8501
Discussion:

Sufficient funding for this project is included in the Solid Waste Division's project budget for fiscal year 2023-2024 as approved by City Council.

Attachments
A. BSE General Engineering, Inc. Contract
B. Bid Opening Report
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1 I:\cmo\Agreements\BSE General Engineering Inc FY22-0231.doc.jm

PUBLIC WORK CONSTRUCTION CONTRACT

This Public Work Construction contract (“Contract”) is made and entered into this 5th day of September 2023, by and between the City of Redlands , a municipal c orporation, organized and existing under the laws of the S tate of California (hereinafter “City”), and BSE General Engineering, I nc. (hereinafter "Contractor"). City and Contractor are sometimes individually referred to herein as a “Party” and, together, as the “Parties.”

In consideration of the mutual promises contained herein, City and Contractor agree as follows:

1. SCOPE OF WORK: Contractor shall furnish all materials and will perform all of the work for the following: California Street Landfill Gas Extraction Wells Phase 2 & 3, complete all items as required by the C ontract Documents (as herein def ined) and Specifications for City’s California Street Landfill Gas Extraction Wells Phase 2 & 3 (the “Work”).

2. CONTRACT SUM: City shall pay Contractor the sum of four hundred twenty-three thousand seven hundred and twenty-six dollars and forty-three cents ($423,726.43) as consideration for its performance of the Work in accordance wi th the terms and conditions set forth in the Contract Documents. Pursuant to Public Contract Code Section 2230 0, Contractor has the option to deposit securities with an escrow agent as a substitute for retention of earnings required to be withheld by City pursuant to an escrow agreement as set forth in Public Contract Code section 22300.

3. TIME FOR COMPLETION: The Work shall be completed within one hundred and twenty (120) calendar days from and after the date of City’s issuance of a Notice to Proceed to Contractor.

4. LIQUIDATED DAMAGES: Contractor’s failure to complete the W ork within the time allowed will result in damages being sustained by City. Such damages are, and will continue to be, impracticable and extremely difficult to determine. Accordingly, Contractor shall pay to City, or have withheld from monies due to Contractor, the sum of five hundred dollars ($500) for each consecutive calendar day in excess of the specified time for completion of the Work.

Execution of this Contract shall constitute agreement by City and Contractor that five hundred dollars ($500) per day is the estimated damage to City caused by the failure of Contractor to complete the work within the allowed time. Such sum is liquidated damages and shall not be construed as a penalty and may be deducted from payments due Contractor if such delay occurs.

5. CONTRACT DOCUMENTS: This Contract incorporates by reference the following: Notice Inviting Bids, Instructions to Bidders, Contractor’s Proposal, Bid Bond, Agreem ent, Performance Bond, Labor and Material Bond, Plans, General Conditions, Special Provisions and Specifications, and any addenda thereto (collectively, the “Contract Documents”).

6. ATTORNEYS' FEES: In the event any action is commenced to enforce or interpret the terms or conditions of this Contract, or the Contract Documents, the prevailing Party in such action, in addition to any costs and other relief, shall be entitled to recover its reasonable attorneys’ fees, including fees for use of in-house counsel by a Party.

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7. RESOLUTION OF CONSTRUCTION CLAIMS: Claims by Contractor in the amount of three hundred seventy-five thousand dollars ($375,000) or less shall be made by Contractor and processed by the City pursuant to the provisions of Part 3, Chapter 1, Article 1.5 of the Public Contract Code (commencing with Section 20104). All claims shall be in writing and include the documents necessary to substantiate the claim. Nothing in subdivision (a) of Public Contract Code Section 20104.2 shall extend the time limit or supersede the notice requirements provided in this case from filing claims by Contractor.

8. ELIGIBILITY OF CONTRACTOR/SUBCONTRACTOR: Contractor and all of its subcontractors shall abide by California Public Contract Code, Section 6109, and Cal ifornia Labor Code Sections 1777.1 and/or 1777.7, and certify that they are not debarred and are eligible to work on this project.

9. ASSIGNMENT OF AGREEMENT: No assignment by a Party of any rights or interests under this Contract shall be binding on another Party without the written consent of the Party sought to be bound.

10. SUCCESSORS AND ASSIGNS: City and Contractor each binds itself and their respective successors and assigns in respect to all covenants, agreements, and obligations contained in the Contract Documents.

11. SEVERABILITY: Any provision or part of the Contract Documents held to be void or unenforceable under a ny law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor.

SIGNATURES ON NEXT PAGE

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IN WITNESS WHEREOF, the Parties hereto have executed this Contract the day and year first written above.

CITY OF REDLANDS
(SEAL)

By: ____________________________________
Eddie Tejeda, Mayor
ATTEST:

____________________________________
Jeanne Donaldson, City Clerk
(SEAL)

BSE General Engineering, Inc.

Name of Contractor

By: _______________________________________
Terri Sonn, Chief Financial Officer

__________________________________________
Signature of Authorized Agent (if necessary)

__________________________________________
Title

_361295_____________________________________
Contractor's License No.

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WORKER'S COMPENSATION INSURANCE CERTIFICATION

Description of Contract: City of Redlands
Facilities and Community Services Department
FCS06072023NA_
California Street Landfill Gas_
Extraction Wells Phase 2 & 3_
Every employer, except the Sta te, shall secure the payment of compensation in one or more of the following ways:

a. By being insured agains t liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State. b. By securing from the Director of Industrial Relations, a certificate of consent to self-insure, either as an individual employer, or as o ne employer in a gro up of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self -insure and to pay any compensation that may become due to his or her employees.

CHECK ONE

_____I am awa re of the provi sions of Section 3700 of the La bor Code which requires every employer to be insured against liability fo r Workers’ Compensation or to undertake self - insurance in accordance with the provisions of that Code, and I will comply with such provis ions before commencing the performance of the work and activities required or permitted under this Agreement. (Labor Code §1861).

_____I affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall n ot employ any p erson in any manner such that I become subject to the workers’ compensation laws of California. However, at any time, if I employ any person such that I become subject to the workers’ compensation laws of California, immediately I shall provide the City wi th a certificate of consent to self-insure, or a certification of workers’ compensation insurance.

I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct.

Dated this day of , 2023.

BSE General Engineering Inc.

_____________________________________
Terri Sonn, Chief Financial Officer

(SEAL)

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FAITHFUL PERFORMANCE BOND

Whereas, the City of Redlands (“Ci ty”), State of Ca lifornia, and BSE Genera l Engineering, Inc. (hereinafter designated as "Principal") have entered into an agreement dated September 5, 2023 (“Agreement”) whereb y Principal agrees to install and complete certain public improvements (the “Work”), which s aid A greement is identified as California S treet Landfill Gas Extraction Wells Phase 2 &3 FCS06072023NA and is hereby referred to and made a part hereof; and

Whereas, said Principal is req uired under the terms of the A greement to furnish a bond for the fa ithful p erformance of the Work, now, therefore, we, the Principal and , _____________________________, as Surety, are held and firmly bound unto the City in the penal sum of _____________ ___________________ dollars ($ _______________) lawfu l money of the United S tates, for the payment of whi ch sum we bind ourselves, and our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.

The condition of th is obligation is such that if the above bounded Prin cipal, his or i ts 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 provisions in the Ag reement and any alteration the reof made as therein p rovided, on his or its part, to be kept and performe d at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall faithfully fulfill the one-year guarantee of all materials and workmanship, and shall defend, indemnify and save harmless the City and its elected officials, officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a part o f the obligatio n secured hereby and in addition to t he face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by the City in successfully enforcing such obligations, all to be taxed as costs and included in the judgment rendered.

As a condition precedent to the satisfactory completion of the Work, the above obligation shall hold good for a period of one (1) year or lon ger if required by the Agreeme nt after the acceptance of the work b y the City, during which time if the Principal shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage made evident duri ng this period from the date o f completion of the Wo rk, and resulting from or caused by defective materi als or faulty workmanship, the above obligation in penal sum thereof shall remain in full force and effect. The obligations of Surety hereunder shall c ontinue so long as any obligation of the Principal remains.

Whenever the Principal shall be, and is d eclared by the City to be, in default under the Agreement, the City having performed the City obligations thereunder, the Surety shall promptly remedy the default, or shall promptly, at the City’s option:

1. Complete the Work in accordance with its terms and conditions; or

2. Obtain a bid or bids for completing the Work in accordance with its terms and conditions, and upon determination by Surety of t he lowest responsive and respo nsible bidder, Redlans Regular Meeting of 09-05-2023
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arrange for a contract between such bidder and the City, an d make available as work progresses sufficient funds to pay the cost of completion of the Work less the balance of the Agreement price, but not exceedin g, including other costs and d amages for which Suret y may be liable hereunder, the amount set forth abov e. The term “balance of the Agreement price,” as used in this paragraph, shall mean the total amount payable to the Principal by the City under the Agreement and any modifications th ereto, less the amount previously properly paid by the City to the Principal.

Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligati ons in the event of default by the Principal.

Surety shall not utilize the Principal in completing the Work nor shall Surety accept a bid from the Principal for completion of the Work if the City, when declaring the Principal in default, notifies Surety o f the City’s objection to the Principal’s further pa rticipation in the completion of the Work.

No right of action shall accrue on the bond to or for the use of any person or corporation other than the City named herein or the successors or assigns of the City. Any suit under this bond must be instituted within the applicable statute of limitations period.

The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreem ent or to the work to be performed thereunder or the Specifications accompanying the same shall in any w ay 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 Agreement or to the work or to the specifications.

No final sett lement b etween the City and the Princ ipal shall abridge the right of any beneficiary hereunder whose claim may be unsatisfied.

The Principal and Surety agree that if the City is required to engage the services of any attorney in connection with the enfor cement of this bond, each shall pay t he City’s reasonable attorneys’ fees incurred, with or without suit, in addition to the above sum.

In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on , 2023.

(SEAL) (SEAL)

(Contractor) (Surety)
BY:
(Signature) (Signature)

Address:___________________________________
__________________________________________
(Seal and Nota rial Acknowledgment of
Surety)
Telephone ( )___________________________
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LABOR AND MATERIAL BOND

Whereas, the City Council of the City of Redlands, State of California, and BSE General Engineering, Inc. (hereinafter designa ted as “Principal”) have enter ed into an agreement (the “Agreement”) whereby Principal agree s to install and complete certain designated public improvements (the “Work”), which said agreement, dated September 5, 2023, and identified as California Street Landfill Gas Extraction Wells Phase 2 &3 FCS06072023NA is hereby referred to and made a part hereof; and

Whereas, under the terms of the Agreement, Principal is required before commending the performance of the Work, to file a good and sufficient Labor and Material bond with the City of Redlands to secure the c laims to which reference is made in T itle 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code of the State of California.

Now, therefore, said Principal and the undersigned as corporate surety, are held firmly bound unto the City and all contractors, subcontractors, laborers, material men and other persons employed in the performance of the Agreement and referred to in the aforesaid Code of Civil Procedure in the sum of ______________ dollars ($_____) for materials fu rnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is broug ht upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by the City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 3 (commencing with Section 9550) of Part 6 of Division 4 of th e Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.

The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or the specifications accompanying the same shall in any manner affect its o bligations on this b ond, and it does hereby waive notice of any such change, extension of time, alteration or addition.

In witness whereof, this instrument has been duly executed by the Principal and surety above named, on _______________________, 2023.

(SEAL) (SEAL)

(Contractor) (Surety)
BY:
(Signature) (Signature)
Address:_____________________________
(Seal and Notarial Acknowledgement of Surety) ____________________________________ Telephone: ( )___________________
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City Council/Successor Agency Meeting L. 5.

DATE: 09/05/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of a Public Works Construction Contract with Harbor Coating and Restoration for the Mission Zanja Channel
Improvements Project, Project No. 405003 for an amount
not-to-exceed $381,799; and determination that the Project is exempt from environmental review pursuant to Section 15301 of the State’s guidelines implementing the California Environmental Quality Act (Municipal Utilities and Engineering Director Harris) MOTION(S):

If City Council determines the staff recommendation is appropriate, the following motions are provided:

I move that the City Council determine approval of the Construction Contract and construction of the Mission Zanja Channel Improvements Project is categorically exempt from environmental review in accordance with Section 15301 of the State’s guidelines implementing the California Environmental Quality Act; and

1. I move that the City Council approve the Mission Zanja Channel Improvements Project Plans and Specifications, and award a Construction Contract to Harbor Coating and Restoration for an amount not-to-exceed $381,799.

2. RECOMMENDATION:

Staff recommends City Council determine approval of a Construction Contract and construction of the Mission Zanja Channel Improvements Project are categorically exempt from environmental review pursuant to Section 15301 of the State's guidelines implementing the California Environmental Quality Act.

Staff further recommends City Council approve the Mission Zanja Channel Improvements Project Plans and Specifications, and award the Construction Contract to Harbor Coating and Restoration for an amount not-to-exceed $381,799.

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DISCUSSION:

In March 2021, City Council approved a Professional Service Agreement with Carollo Engineers, Inc. (Carollo) to assess portions of the Mission Zanja Channel (MZC) between Texas Street and Eureka Street. Carollo determined that the MZC is structurally sound and recommended only minor maintenance to extend the service life of the channel. One such recommendation is to repair interior surface cracks and voids prior to completely coating the interior of the channel with an epoxy or resin sealant.

Staff prepared plans and specifications for this maintenance project, which includes cleaning and preparing the interior channel surface, removing material and debris as necessary to complete the work, spot repairing concrete, and applying the sealant to the channel walls and ceiling. A bid notice was issued for the Project and the City Clerk's office received and opened the following four (4) bids on July 13, 2023.

Bidder Summary Report
Bidder Bid Amount

1. Harbor Coating and Restoration, Orange, CA * $381,799

2. Aneen Construction, Riverside, CA $390,196

3. Applied Restoration, Inc., El Cajon, CA * $430,527

4. Canyon Springs Enterprises, Temecula, CA $1,539,349
*An arithmetic error was discovered in the bid proposal. The total bid amount was corrected and highlighted in the attached bid analysis to identify arithmetic errors. The errors did not affect ranking.

Staff reviewed each bid and determined Harbor Coating and Restoration submitted the lowest responsive and responsible bid. Staff recommends awarding a Construction Contract to Harbor Coating and Restoration, for an amount not-to-exceed $381,799.

The Project is categorically exempt from environmental review in accordance with Section 15301 of the State's guidelines implementing the California Environmental Quality Act as this project involves the restoration of an existing channel.

ALTERNATIVES:

City Council may deny the staff recommendation and provide alternate direction.

STRATEGIC PLAN:

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N/A
SUBMITTED BY:

John R. Harris, Municipal Utilities and Engineering Director RECOMMENDED BY:

Charles M. Duggan Jr., City Manager
REVIEWED BY:

Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
Goutam K. Dobey, City Engineer
PREPARED BY:

Gerard Nepomuceno, Civil Engineer
Fiscal Impact
Fiscal Year: FY 23/24
Appropriation Required Y/N: No
Budgeted Y/N: Yes
Account No.: 405400
Discussion:

There is no fiscal impact associated with this action. The construction cost for this project is included in the FY 23/24 MUED budget.

Attachments
A. Harbor Coating Contract
B. Bid Opening Report
C. Bid Analysis
D. Location Map
E. MZC Project Plans
F. MZC Project Specifications
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PUBLIC WORK CONSTRUCTION CONTRACT

This Public Work Construction contract (“Contract”) is made and entered into this 5th day of September, 2023, by and between the City of Redlands , a municipal c orporation, organized and existing under the laws of the S tate of California (hereinafter “City”), and Harbor Coating and Restoration, Inc. (hereinafter "Contractor"). City and Contractor are sometimes individually referred to herein as a “Party” and, together, as the “Parties.”

In consideration of the mutual promises contained herein, City and Contractor agree as follows:

1. SCOPE OF WORK: Contractor shall furnish all materials and will perform all of the work for the following: MISSION ZANJA CHANNEL IMPROVEMENTS PROJECT , complete all items as required by the Con tract Documents (as herein def ined) and Specifications for City’s MISSION ZANJA CHANNEL IMPROVEMENTS PROJECT , PROJECT No. 405003 (the “Work”).

2. CONTRACT SUM: City shall pay Contractor the sum of three hundred eighty one thousand seven hundred ninety nine dollars ($381,799) as consideration for its performance of the Work in accordance with the terms and conditions set forth in the Contract Documents. Pursuant to Public Contract Code Section 22300, Contractor has the option to deposit securities with an escrow agent as a substitute for retention of earnings required to be withheld by City pursuant to an escrow agreement as set forth in Public Contract Code section 22300.

3. TIME FOR COMPLETION: The Work shall be completed within sixty (60) calendar days from and after the date of City’s issuance of a Notice to Proceed to Contractor.

4. LIQUIDATED DAMAGES: Contractor’s failure to complete the Work within the time allowed will result i n damages being sustained by City. Such damages are, and will continue to be, impracticable and extremely difficult to determine. Accordingly, Contractor shall pay to City, or have withheld from monies due to Contractor, the sum of five hundred dollars/cents ($500) for each consecutive calendar day in excess of the specified time for completion of the Work.

Execution of this Contract shall constitute agreement by City and Contractor that five hundred dollars ($500) per day is the estimated damage to City caused by the failure of Contractor to complete the work within the allowed time. Such sum is liqu idated damages and shall not be construed as a penalty, and may be deducted from payments due Contractor if such delay occurs.

5. CONTRACT DOCUMENTS: This Contract incorporates by reference the following: Notice Inviting Bids, Instructions to Bidders, Contractor’s Proposal, Bid Bond, Agreement, Performance Bond, Labor and Material Bond, Plans, General Conditions, Special Provisions and Specifications, and any addenda thereto (collectively, the “Contract Documents”).

6. ATTORNEYS' FEES: In the event any action is commenced to enforce or interpret the terms or conditions of this Contract, or the Contract Documents, the prevailing Party in such action, in addition to any costs and other relief, shall be enti tled to recover its reasonable attorneys’ fees, including fees for use of in-house counsel by a Party.

7. RESOLUTION OF CONSTRUCTION CLAIMS: Claims by Contractor in the amount of three hundred seventy five thousand dollars ($375,000) or less shall be made by Co ntractor and processed by the City pursuant t o the provisions of Part 3, Chapter 1 , Article 1.5 of the Public Redlans Regular Meeting of 09-05-2023
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2 I:\cmo\Agreements\Harbor Coating and Restoration, Inc. FY22-0220.doc.jm Contract Code (commencing with Section 20104). All claims shall be in writing and include the documents necessary to substantiate the claim. Nothing in subdivision (a) of Public Contract Code Section 20104.2 shall extend the time limit or supersede the notice requirements provided in this case from filing claims by Contractor.

8. ELIGIBILITY OF CONTRACTOR/SUBCONTRACTOR: Contractor and all of its subcontractors shall abide by California Public Contract Code, Section 6109, and California Labor Code Sections 1777.1 and/or 1777.7, and certify that they are not debarred and are eligible to work on this project.

9. ASSIGNMENT OF AGREEMENT: No assignment by a Party of any rights or interests under this Contract shall be binding on another Party without the written consent of the Party sought to be bound.

10. SUCCESSORS AND ASSIGNS: City and Contractor each binds itself and their respective successors and assigns in respect to all covenants, agreemen ts, and obligations contained in the Contract Documents.

11. SEVERABILITY: Any provision or part of the Contract Documents held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor.

[Signatures on Next Page]

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3 I:\cmo\Agreements\Harbor Coating and Restoration, Inc. FY22-0220.doc.jm IN WITNESS WHEREOF, the Parties hereto have executed this Contract the day and year first written above.

CITY OF REDLANDS
(SEAL)

By:____________________________________
Eddie Tejeda, Mayor
ATTEST:

____________________________________
Jeanne Donaldson, City Clerk
(SEAL)

_Harbor Coating and Restoration, Inc.___
Name of Contractor

By:_______________________________________
Signature of Authorized Agent

Mahmoud Merzi, Owner________
Title

__________________________________________
Signature of Authorized Agent (if necessary)

__________________________________________
Title

__________________________________________
Contractor's License No.

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WORKER'S COMPENSATION INSURANCE CERTIFICATION

Description of Contract: City of Redlands
Municipal Utilities and Engineering Department

MISSION ZANJA CHANNEL IMPROVEMENTS PROJECT
PROJECT No. 405003

Every employer, except the Sta te, shall secure the payment of compensation in one or more of the following ways:

a. By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State. b. By securing from the Director of Industrial Relations, a certificate of consent to self - insure, either as an individual employer, or as one employer in a group of employers, which may be given upon f urnishing proof satisfactory to the Director of Industria l Relations of ability to self-insure and to pay any compensation that may become due to his or her employees.

CHECK ONE

_____I am aware of the provisions of Section 3700 of the Labor Code which r equires ever y employer to be insure d against liability fo r 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 and activit ies required or permitted under thi s Agreement. (Labor Code §1861).

_____I affirm tha t at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers’ compensation laws of California. However, at any time, if I employ any person such that I become subject to the workers’ compensation laws of California, immediately I shall provide the City with a certificate of consent to self -insure, or a certificat ion of workers’ compens ation insurance.

I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct.

Dated this day of , 2023.

Mahmoud Merzi________________________
(Contractor)
_____________________________________
(Signature)
Owner________________________________
(Official Title)

(SEAL)

(Labor Code Section 1861 provides that the above certificate must be signed and filed by the Contractor with the Owner prior to performing the work of the contract.)
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FAITHFUL PERFORMANCE BOND

Whereas, the City of Redlands (“City”), State of California, and Harbor Coating and Restoration, Inc. (hereinafter desig nated as "Princip al") have entered into an agreement dated September 5, 2023 (“Agreement”) whereby Principal agrees to install and complete certain public improvements (the “Work”), which said Agreement is identified as MISSION ZANJA CHANNEL IMPROVEMENTS PROJECT, PROJECT No. 405 003 and is hereby refe rred to and made a part hereof; and

Whereas, said Principal is req uired under the terms of the A greement to furnish a bond for the faithful performance of the Work, now, therefore, we, the Pri ncipal and , _____________________________, as Surety, are held and firmly bound unto the City in the penal sum of three hundred eighty one thousand seven hundred ninety nine dollars ($381,799) lawful money of the United States, for the payment of which sum we bind oursel ves, and our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.

The condition of th is obligation is such that if the above bounded Principal, his or its heirs, executors, administrators, suc cessors or assigns , shall in all things stand to and abide b y, and well and truly keep and perform the covenants, conditions and provisions in the Ag reement and any alteration thereof made as therein provided, on his or its part, to be kept and performed a t the time and in the manner therein specified, and in all r espects according to t heir true intent and meaning, and shall faithfully fulfill the one -year guarantee of all material s and workmanship, and shall defend, indemnify and save harmless the City a nd its elected off icials, officers, agents and employees, as therein stipulated, t hen 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 specif ied therefor, there shall be included cost s and reasonable expen ses and fees, including reasonable attorneys’ fees, incurred by the City in successfully enforcin g such obligations, all to be taxed as costs and included in the judgment rendered.

As a condi tion precedent to the satisfactory complet ion of the Work, the a bove obligation shall hold good for a period of one (1) year or lon ger if required by the Agreeme nt after the acceptance of the work by the City, during which time if the Pri ncipal shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage made evident duri ng this period from the date o f completion of the Work, and resulting from or caused by defective materials or faulty workman ship, the above obligation in penal sum th ereof shall remain in full force and effect. The obligations of Surety hereunder shall c ontinue so long as any obligation of the Principal remains.

Whenever the Principal shall be, and is decl ared by the City t o be, in default under the Agreement, the City having performed the City obligations thereunder, the Surety shall promptly remedy the default, or shall promptly, at the City’s option:

1. Complete the Work in accordance with its terms and conditions; or

2. Obtain a bid or bids for completing th e Work in accordance w ith its terms and conditions, and upon determination by Surety of t he lowest responsive and respo nsible bidder, arrange for a contract between such bidder and the City, and m ake available as w ork progresses Redlans Regular Meeting of 09-05-2023
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6 I:\cmo\Agreements\Harbor Coating and Restoration, Inc. FY22-0220.doc.jm sufficient funds to pay the cost of completion of the Work less the balance of the Agreement price, but not exceeding, including other costs and damages for which Surety may be liable hereunder, the amount set forth above. The term “balance of the Agreement price,” as used in this p aragraph, shall mean t he total amount payable to the Principal by the City under the Agre ement and any modifications thereto, less the amount previously properly paid by the City to the Principal.

Surety expressly agrees that the City may reject any c ontractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Principal.

Surety shall not utilize the Principal in completing the Work nor shall Surety accept a bid from the Principal for compl etion of the Work if t he City, when declaring the Principal in default, notifies Surety o f the City’s objection to the Principal’s further participation in the completion of the Work.

No right of action shall accr ue on the bond to or for the use of any pe rson or corporation other than the City named herein or the successors or assigns of the City. Any suit under this bon d must be instituted within the applicable statute of limitations period.

The said Surety, fo r value received, hereby stipulates and ag rees that no change, e xtension of time, alteration or addition to the terms of the Agreem ent or to the work to be perfo rmed thereunder or the Specifications accompanying the same shall in any way affect its obligat ions on this bond, and it does hereby waiv e notice of any such c hange, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications.

No final settlement between the City and the Principa l shall abridge th e right of any beneficiary hereunder whose claim may be unsatisfied.

The Principal and Surety agree that if the City is required to engage the services of any attorney in connection with the enforcement of this bond, each shall pay the City’s reasonable attorneys’ fees incurred, with or without suit, in addition to the above sum.

In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on , 2023.

(SEAL) (SEAL)

(Contractor) (Surety)
BY:
(Signature) (Signature)

Address:___________________________________
__________________________________________
(Seal and Nota rial Acknowledgment of
Surety)
Telephone ( )___________________________

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7 I:\cmo\Agreements\Harbor Coating and Restoration, Inc. FY22-0220.doc.jm

LABOR AND MATERIAL BOND

Whereas, the City Council of the City of Redlan ds, State of California, and Harbor Coating and Restoration, I nc. (hereinafter designa ted as “Principal”) have enter ed into an agreement (the “Agreement”) whereby Principal a grees to install and com plete certain designated public improvements (the “Work ”), which said agreeme nt, dated September 5 , 20 23, and identified as MISSION ZANJA CHANNEL IMPROVEMENTS PROJECT, PROJECT No. 405003 is hereby referred to and made a part hereof; and

Whereas, under the terms of the Agreement, Principal is required before commending the performance of the Work, to file a good and sufficient Labor and Material bond with the City of Redlands to se cure the claims to which refer ence is made in Title 3 (commencing with Sectio n 9550) of Part 6 of Division 4 of the Civil Code of the State of California.

Now, therefore, said Principal and the undersigned as corporate surety, are held firmly bound unto t he City and all contractors, s ubcontractors, laborers, material men and other persons employed in the performance of the Agreement and referred to in the aforesaid Code of Civil Procedure in the sum of three hundred eighty one thousand seven hundred ninety nine dollars ($381,799) for materials furnishe d or l abor thereon of any kind , or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that sa id surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upo n this bond, will pay, in addi tion to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by the City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be tax ed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 3 (commencing w ith Section 9550) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.

The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or the specifications accompanying the same shall in any manner af fect i ts obligations on this b ond, and it does hereby waive notice of any such change, extension of time, alteration or addition.

In witness whereof, th is instrument has been duly executed by the Principal and surety above named, on _______________________, 2023.

(SEAL) (SEAL)

(Contractor) (Surety)
BY:
(Signature) (Signature)
Address:_____________________________
(Seal and Notarial Acknowledgement of Surety) ____________________________________ Telephone: ( )___________________
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CITY OF REDLANDS

MUNICIPAL UTILITIES AND ENGINEERING DEPARTMENT
Bid Analysis
ATTACHMENT "C"
PROJECT No.: 405003 Bid Date: 7/13/23
Mission Zanja Channel Improvements Project Estimated Start Date: 9/6/23 Unit Price Item Price Unit Price Item Price
1 Mobilization (Max. 5% of Total Bid) 1 LS $16,000.00 $16,000.00 $30,000.00 $30,000.00 2 Erosion Control Plan 1 LS $20,000.00 $20,000.00 $30,000.00 $30,000.00 3 Clearing and Grubbing 1 LS $10,000.00 $10,000.00 $30,000.00 $30,000.00 4 Epoxy Coating - Trapezoidal 12,285 SF $9.00 $110,565.00 $8.00 $98,280.00 5 Epoxy Coating - Arched and Semi-Circular 11,016 SF $9.00 $99,144.00 $8.00 $88,128.00 6 Concrete Ceiling/Wall Repair 1,165 SF $50.00 $58,250.00 $28.00 $32,620.00 7 Concrete Floor Repair 1,381 SF $40.00 $55,240.00 $28.00 $38,668.00 8 Clean Fill and Grout SD Laterals 13 EA $200.00 $2,600.00 $2,500.00 $32,500.00 9 Demobilization 1 1.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 Additions/Deductions
License Status
Sub's License Status
Submitted Entire Bid Submittal Package
Bid Bond Company
Submitted Sub's Qualification Statement
DIR Status
Error in bid
Unit Price Item Price Unit Price Item Price
1 Mobilization (Max. 5% of Total Bid) 1 LS $21,412.00 $21,412.00 $75,000.00 $75,000.00 2 Erosion Control Plan 1 LS $14,000.00 $14,000.00 $145,000.00 $145,000.00 3 Clearing and Grubbing 1 LS $4,000.00 $4,000.00 $25,000.00 $25,000.00 4 Epoxy Coating - Trapezoidal 12,285 SF $7.00 $85,995.00 $29.00 $356,265.00 5 Epoxy Coating - Arched and Semi-Circular 11,016 SF $7.00 $77,112.00 $29.00 $319,464.00 6 Concrete Ceiling/Wall Repair 1,165 SF $150.00 $174,750.00 $220.00 $256,300.00 7 Concrete Floor Repair 1,381 SF $18.00 $24,858.00 $220.00 $303,820.00 8 Clean Fill and Grout SD Laterals 13 EA $1,800.00 $23,400.00 $4,000.00 $52,000.00 9 Demobilization 1 1.00 $5,000.00 $5,000.00 $6,500.00 $6,500.00 Additions/Deductions
License Status
Sub's License Status
Submitted Entire Bid Submittal Package
Bid Bond Company
Submitted Sub's Qualification Statement
DIR Status
Error in bid Yes No
Active Active
N/A
Developers Surety and Indemnity Company Arch Insurance Company Yes
Yes Yes
N/A
Active
Multiplication error on Bid Items 4 and 5.

Total is corrected per item unit price.

Active Active
Applied Restoration, Inc. Canyon Spring Enterprises
Total Bid Price $430,527.00 $1,539,349.00
Item
No. Bid Item Qty Unit
Active
Yes
Active
No
Developers Surety and Indemnity Company
N/A
The Gray Casualty & Surety Company
N/A
N/A
Yes
N/A
Yes
Multiplication error on Bid Item 8. Total is
corrected per item unit price.

Active
Active
Total Bid Price $381,799.00
Harbor Coating and Restoration Aneen Construction, Inc. $390,196.00
Item
No. Bid Item Qty Unit

Page 1 of 1 ends

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TEXAS ST

N CENTER ST

W REDLANDS BLVD

W CITRUS AVE

KENDALL ST

N MICHIGAN ST

W STATE ST

N BUENA VISTA ST

SAN GORGONIO DR

ORIENTAL AVE
Copyright nearmap 2015
0 60 120 180 240
Feet

MISSION ZANJA CHANNEL IMPROVEMENTS PROJECT
PROJECT NO. 405003

LOCATION MAP
July 28, 2023onestop I

STATE ST

REDLANDS BLVD

TEXAS ST
Project West Limit
Project East Limit
BUENA
VISTA
ST
ATTACHMENT "D"
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10 10

CITY OF REDLANDS
6 BENCHMARK

IMPROVEMENTS PROJECT

MISSION ZANJA CHANNEL
PROJECT No. 405003
F-2421
1 CITY COUNCIL:

CITY STAFF:

CHARLES M. DUGGAN, JR., CITY MANAGER

VICINITY MAP
NTS
CITY CLERK:

JEANNE DONALDSON, CITY CLERK
NORTH

OPAL AVE

CRAFTON AVE

COLTON AVE

CAPRI AVE

OPAL AVE

SAN BERNARDINO AVE

LUGONIA AVE

CHURCH ST

TEXAS ST

ORANGE ST

ALABAMA ST

NEVADA ST

BROOKSIDE AVE

DEARBORN ST

OLIVE AVE

FERN AVE

PALM AVE
SHEET INDEX:

WABASH AVE

CITRUS AVE

REDLANDS BLVD

CENTER ST

JUDSON ST

UNIVERSITY ST

LUGONIA AVE

CYPRESS AVE

STATE ST

CAJON ST

MISSION ZANJA CHANNEL

CITY OF REDLANDS

CONSTRUCTION PLANS FOR
JUNE 2023
PROJECT No. 405003

IMPROVEMENTS PROJECT

TITLE SHEET & VICINITY MAP

JENNA GUZMAN-LOWERY, COUNCIL MEMBER

DENISE DAVIS, COUNCIL MEMBER

EDDIE TEJEDA, MAYOR

PAUL BARICH, MAYOR PRO TEM

MARIO SAUCEDO, COUNCIL MEMBER

GROVE ST

ORANGE AVE

KANSAS ST

PROJECT LOCATION

REDLANDS BLVD
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IMPROVEMENT PLAN

CITY OF REDLANDS
6 BENCHMARK

IMPROVEMENTS PROJECT

MISSION ZANJA CHANNEL
PROJECT No. 405003
F-2421
2 DIGAC
E
LL
B
ROF
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Service Alert
groundUnder
1-800-227-2600

GRAPHIC SCALE

MISSION ZANJA CHANNEL IMPROVEMENTS PLAN

GENERAL NOTES

CONCRETE REPAIR AND EPOXY COATING NOTES

ABBREVIATIONS

REDLANDS BLVD

STATE ST

TEXAS ST/N CENTER ST
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CITY OF REDLANDS
6 BENCHMARK

IMPROVEMENTS PROJECT

MISSION ZANJA CHANNEL
PROJECT No. 405003
F-2421
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Service Alert
groundUnder
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CHANNEL STRUCTURE DIMENSIONS
TRAPEZOIDAL CHANNEL STA. 5+12 TO 7+55
ARCHED CHANNEL STA. 0+00 TO 0+59

8.5' 8.5'
17'
19'
SEMI-CIRCULAR CHANNEL STA. 0+59 TO 5+12
21'
23'

5.5'5.5'
17'

8.5'

CONSTRUCTION NOTES QUANTITIES
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ARCHED CHANNEL

CITY OF REDLANDS
6 BENCHMARK

IMPROVEMENTS PROJECT

MISSION ZANJA CHANNEL
PROJECT No. 405003
F-2421
4 DIGAC
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B
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Service Alert
groundUnder
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TYPICAL LEAK REPAIR

TYPICAL CHANNEL FLOOR REPAIR

TYPICAL VOID REPAIR TYPICAL VOID REPAIR NOT TO SCALE

NOT TO SCALE

REPAIR AND PREPARATION
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SEMI-CIRCULAR CHANNEL

CITY OF REDLANDS
6 BENCHMARK

IMPROVEMENTS PROJECT

MISSION ZANJA CHANNEL
PROJECT No. 405003
F-2421
5 DIGAC
E
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Service Alert
groundUnder
1-800-227-2600

STORM DRAIN LATERAL REPAIR TYPICAL CHANNEL FLOOR TYPICAL VOID REPAIR

TYPICAL CHANNEL FLOOR REPAIR TYPICAL LEAK REPAIRTYPICAL WALL/ARCH REPAIR

NOT TO SCALE NOT TO SCALE NOT TO SCALE

NOT TO SCALENOT TO SCALENOT TO SCALE

REPAIR AND PREPARATION
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TRAPEZOIDAL CHANNEL

CITY OF REDLANDS
6 BENCHMARK

IMPROVEMENTS PROJECT

MISSION ZANJA CHANNEL
PROJECT No. 405003
F-2421
6 DIGAC
E
LL
B
ROF
UOYE
Service Alert
groundUnder
1-800-227-2600

TYPICAL EXPOSED STEEL AND WOOD SLAT PREPARATION NOT TO SCALE TYPICAL STORM DRAIN LATERAL

TYPICAL STEEL BEAM PREPARATION TYPICAL STEEL BEAM PREPARATION TYPICAL STORM DRAIN LATERAL

NOT TO SCALE NOT TO SCALE

NOT TO SCALENOT TO SCALENOT TO SCALE

REPAIR AND SURFACE PREPARATION

TYPICAL STEEL BEAM PREPARATION
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CITY OF REDLANDS

MUNICIPAL UTILITIES &

ENGINEERING DEPARTMENT

Bid Proposal, Contract Documents and Specifications

For

MISSION ZANJA CHANNEL IMPROVEMENTS PROJECT
PROJECT No. 405003

JUNE 2023
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CITY OF REDLANDS

MUNICIPAL UTILITIES & ENGINEERING DEPARTMENT

Bid Proposal, Contract Documents and Specifications

for

MISSION ZANJA CHANNEL IMPROVEMENTS PROJECT
PROJECT No. 405003

For use in conjunction with specifications entitled: “Standard Specifications for Public Works Construction (Greenbook)” 2021 Edition; “Standard Plans for Public Works Construction” 20 21 Edition; Municipal Utilities and Engineering Department’s Water Systems Standard Specifications and Sanitary Sewer System Standard Specifications, latest editions; and General Permit Conditions and Trench Specifications.

City Council:

Eddie Tejeda, Mayor
Paul T. Barich, Mayor Pro Tem
Denise Davis, Councilmember
Jenna Guzman-Lowery, Councilmember
Mario Saucedo, Councilmember

City Clerk:

Jeanne Donaldson, City Clerk

City Staff:

Charles M. Duggan Jr., City Manager

JUNE 2023
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TOC 1

MISSION ZANJA CHANNEL IMPROVEMENTS PROJECT
PROJECT No. 405003

TABLE OF CONTENTS
(XX) REFLECTS PAGE IDENTIFICATION FOOTER ABBREVIATION

NOTICE INVITING SEALED PROPOSALS (NIB)

BID DOCUMENTS (BD)
INSTRUCTIONS TO BIDDERS .......................................................................................... 1 PROPOSAL ...................................................................................................................... 10 BID CERTIFICATION ........................................................................................................ 13 BID BOND ...................................................................................................................... 14 NON-COLLUSION AFFIDAVIT ...................................................................................... 15 STATEMENT BY BIDDER ............................................................................................... 16 OFFICERS OF CORPORATION (Members of Firm) ....................................................... 16 SUB-CONTRACTORS LIST ............................................................................................. 17 QUALIFICATION AND EXPERIENCE STATEMENT .................................................. 18 GENERAL INFORMATION ............................................................................................. 19

CONTRACT DOCUMENTS (CD)
PUBLIC WORKS CONSTRUCTION CONTRACT ........................................................... 2

GENERAL CONDITIONS (GC)
SECTION 1 – GENERAL, TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS ...................................................................... 1 SECTION 2 - SCOPE OF THE WORK ............................................................................... 2 SECTION 3 - CONTROL OF THE WORK ......................................................................... 3 SECTION 4 - CONTROL OF MATERIALS ....................................................................... 7 SECTION 5 – LEGAL RELATIONS AND RESPONSIBILITES ...................................... 8 SECTION 6 – PROSECUTION AND PROGRESS OF THE WORK .............................. 30 SECTION 7 - MEASUREMENT AND PAYMENT ......................................................... 32 SECTION 8 - FACILITIES FOR AGENCY PERSONNEL .............................................. 33 SECTION 9 - ASSIGNMENT OF UNFAIR BUSINESS PRACTICES CLAIMS ........... 33 SECTION 10 - TRENCHING AND EXCAVATION ........................................................ 33 SECTION 11 - REMOVAL, RELOCATION OR PROTECTION OF EXISTING UTILITIES ................................................................................................... 34 SECTION 200 - ROCK MATERIALS ............................................................................... 35 SECTION 201 - CONCRETE, MORTAR AND RELATED MATERIALS ..................... 36 SECTION 203 - BITUMINOUS MATERIALS ................................................................. 36 SECTION 206 - MISCELLANEOUS METAL ITEMS ..................................................... 37 Redlans Regular Meeting of 09-05-2023
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TOC 2
SECTION 207 – GRAVITY PIPE ...................................................................................... 38 SECTION 211 - MATERIAL TESTS ................................................................................ 38 SECTION 214 - TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS ........................................................................... 38 SECTION 300 - EARTHWORK ........................................................................................ 39 SECTION 301 - TREATED SOIL, SUBGRADE PREPARATION AND PLACEMENT OF BASE MATERIALS ............................................................................. 43 SECTION 302 - ROADWAY SURFACING ..................................................................... 48 SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION .............................. 58 SECTION 304 - METAL FABRICATION AND CONSTRUCTION .............................. 62 SECTION 314 - TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS ........................................................................... 62

GENERAL REQUIREMENTS
SECTION 01110 COORDINATION OF WORK
SECTION 01112 DESCRIPTION OF WORK
SECTION 01200 MEASUREMENT AND PAYMENT
SECTION 01251 CHANGE ORDER REQUESTS
SECTION 01254 CHANGE ORDERS
SECTION 01298 SCHEDULE OF VALUES
SECTION 01321 CONSTRUCTION SCHEDULE
SECTION 01322 CONSTRUCTION PROGRESS PHOTOGRAPHY
SECTION 01323 CONSTRUCTION STATUS REPORTS
SECTION 01330 SUBMITTALS
SECTION 01572 EROSION CONTROL PLAN
SECTION 01721 MOBILIZATION
SECTION 01722 SURVEYING
SECTION 01732 POTHOLING
SECTION 01740 DEMOBILIZATION

TECHNICAL SPECIFICATIONS
SECTION 02222 PROTECTING EXISTING UNDERGROUND UTILITIES SECTION 03930 CONCRETE REHABILITATION

APPENDIX

APPENDIX A CHECKLIST OF LABOR LAW REQUIREMENTS

APPENDIX B CITY OF REDLANDS WORKDAY CONSTRUCTION SCHEDULE

APPENDIX C CITY OF REDLANDS CONTRACTOR SAFETY PROGRAM

APPENDIX D PERMITS
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BID DOCUMENTS
(BD)
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BD 1

INSTRUCTIONS TO BIDDERS
For

MISSION ZANJA CHANNEL IMPROVEMENTS PROJECT
PROJECT No. 405003

Bids to receive consideration shall be made in accordance with the following instructions:

1. PROPOSALS:

a. Bids shall be made upon the form of proposal furnished by the City. All Bids shall be properly executed with all items filled in; the signatures of all persons signing shall be in longhand. If the unit price and the total amount named by a Bidder for any item are not in agreement, the unit price shall be considered as representing the Bidder's intention, and the totals may be corrected by the Engineer to conform thereto. If the sum of the individual bid item’s and the total amount named by a Bidder are not in agreement, the sum of the bid item’s shall be considered as representing the Bidder’s intention, and the totals may be corrected by the Engineer to conform thereto. If the total price written in words and the total price written in figures are not in agreement, then the total price written in words will be considered as representing the Bidder’s intention, and the totals will be corrected by the Engineer to conform thereto.

b. Proposals may be rejected if they show any alterations of form, additions not called for, conditional or alternative bids, incomplete Bids, erasures, or irregularities of any kind.

Mistakes shall be lined through and the correct amount writ ten above and initialed by the authorized agent of the Bidder.

c. Bids shall be accompanied by a cashier's or a certified check or Bidder's admitted corporate surety bond, in an amount not less tha n ten percent (10%) of the bid, made payable to the City of Redlands. Said check or bond shall be given as a guarantee that the Bidder will enter into a contract if awarded the work. In the case of refusal or failure to enter into said Contract, within fourteen (14) days after Notice of Award by the City in writing, the security shall be applied by the City to the difference between such bid and next lowest acceptable bid and surplus, if any, shall be returned to Bidder if cash or check is used, or to Surety if bid bond is used.

d. Before submitting a bid, Bidders shall carefully examine the Plans; read the Specifications; read all other Contract documents; shall visit the site of the work; shall fully inform themselves as to all existing conditions and limitations; and include in the bid a sum to cover the cost of all items included in the Contract. No allowance will be made due to lack of examination or knowledge . The submission of a bid shall be conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered as to character, quality and scope of work to be performed; the quantities of materials to be furnished; and as to the requirements of the Bid Proposal, plans and specifications.

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BD 2
e. Pursuant to CA Labor Code Section 1770 et seq., the successful bidder shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Copies of such prevailing rate of per diem wages are available at http://www.dir.ca.gov/OPRL/PWD/. Copies of the prevailing wage determination are also on file at the City of Redlands and shall be made available to any interested party upon request.

f. The bid must be submitted on or before the date and time specified in the Notice Inviting Sealed Proposals (Bids). The bid shall be submitted in a sealed envelope marked in the lower left corner as follows:

BID FOR: MISSION ZANJA CHANNEL IMPROVEMENTS PROJECT,
PROJECT No. 405003

g. Bids will be opened and publicly read aloud at the time set in the Notice Inviting Sealed Proposals (Bids), in the Office of the City Clerk, Civic Center, 35 Cajon Street, Suite 4, Redlands, California.

2. AGREEMENT AND BONDS:

The form of Contract which the successful Bidder, as Contractor, will be required to execute is included in the Contract Documents (CD) of these specifications and should be carefully examined by the Bidder. The Agreement, admitted Corporate Surety Bonds and other documents to be executed by the Contractor shall be executed in original-duplicates stamped according to law, one of which original -duplicates shall be filed with the City Clerk of the City of Redlands. The successful Bidder, simultaneously with the execution of the Agreement, will be required to furnish a faithful performance bond and a labor and material bond, each in an amount equal to one hundred percent (100%) of the Contract price. Said bonds shall provide that if the Contractor or their Subcontractor fails to pay for any materials, provision, provender or other supplies or items used in, upon, for or about the performance of the work contracted to be done, or for any work of labor thereon of any kind, or for amounts due under the Unemploym ent Insurance Act or Workman's Compensation, with respect to such work or labor, that the surety or sureties will pay for the same. The amount shall not exceed the sum specified in the bond, and also, in case suit is brought upon the bond, a reasonable attorney's fee to be fixed by the court. All bonds shall be secured from surety companies satisfactory to the City of Redlands and whose name is on file with the County Clerk of San Bernardino County, as an approved and financially sound surety company authorized to transact business in this state.

3. WITHDRAWAL OF BIDS:

a. Any Bidder may withdraw his Bid, only by written request, at any time prior to the scheduled time for Bid Opening.

b. No Bidder may withdraw his Bid for a period of sixty (60) days after the time of Bid Opening except as allowed by the California Public Contract Code.

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BD 3

4. INSURANCE AND HOLD HARMLESS REQUIREMENTS:

Before entering into a Contract, the Bidder to whom the Contract has been awarded shall furnish satisfactory evidence that they have secured all required insurance from a responsible insurance company authorized to do business in California and satisfactory to the City, and such insurance shall be maintained in full force and effect at the Contractor's own expense during the life of the Contract. Contractor shall furnish the City with the customary Certificates of Insurance for all required insurance listed below. General Liability Insurance shall name the City and the Consultant, as an additional insured and shall be primary and non-contributing to any insurance or self -insurance maintained by the City. All liability insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policies for any reason whatsoever, the City shall be notified by registered mail, return receipt requested, giving sufficient time before the date thereof to comply with any applicable law or statute, but in no event less than forty five (45) days before expiration or cancellation is effective.

The coverage shall provide the following minimum limits based on the type of work proposed under this Contract. The Contractor shall determine if the proposed work requires Tier 1 or Tier 2 Insurance Requirements as follows:

CONTRACTED OPERATIONS DESIGNATED AS TIER 1
Air Conditioning (HVAC)
Systems (installation)
Electric Light or Power Line
Construction Pipeline Construction
Airport Runways (paving,
repaving, etc.) Elevator Work Roofing
Blasting Operations Excavation Sandblasting
Bridge or Elevated Highway
Construction
Fire Suppression Systems
(installation)
Sewer and Water Main
Construction
Buildings Structural Work
(including elevators)
Gas Mains or Connections
Construction Sign Erection (streets)
Building Structure (raising or
moving) Geophysical Exploration Solar Energy
Cable Installation in Conduits
and Conduit Construction
(streets)
Grading of Land Street Cleaning
Caisson or Cofferdam Work Hazardous Materials
Contractors Street or Road Construction
Dam or Reservoir Construction Irrigation or Drainage
Construction
Tank Construction, Installation,
Erection or Repair
Demolition (structures) Landscape Construction (street
or street medians)
Telephone or Cable Line
Construction
Drilling Painting (exterior greater than
single story)
Tree Pruning, Dusting,
Spraying or Removal
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BD 4
TIER 1 DESIGNATED INSURANCE REQUIREMENTS
a. Commercial General Liability
➢ $1 Million Per Occurrence/ $2 Million Aggregate
▪ City listed as an Additional Insured on the coverage
▪ Coverage is primary and non-contributory
▪ If scope of work is within 50 feet of any railroad, endorsement citing inclusion of liability associated with this work is required
▪ If any policy forms of endorsements are cited to grant extension of coverage, they must be included with the Certificate of Insurance submission

b. Business Auto Liability
➢ $1 Million Combined Single Limit
▪ City listed as an Additional Insured on the coverage
▪ Must include liability arising from all owned, leased, hired, and non-owned autos ▪ If any policy forms of endorsements are cited to grant extension of coverage, they must be included with the Certificate of Insurance submission ➢ If Contractor or its subcontractors or suppliers haul hazardous material (including, without limitation, waste), Auto Liability insurance must be applicable to all hazardous waste hauling vehicles, and include MCS 90 and CA9948 Endorsements.

c. Commercial Umbrella/ Excess Liability
➢ $5 Million Per Occurrence/ Aggregate
▪ City listed as an Additional Insured on the coverage
▪ Coverage is primary and non-contributory
▪ If any policy forms of endorsements are cited to grant extension of coverage, they must be included with the Certificate of Insurance submission

d. Workers Compensation
➢ $1 Million Per Occurrence for Bodily Injury by Accident ➢ $1 Million Each Employee for Bodily Injury by Disease ➢ $1 Million Policy Limit for Bodily Injury by Accident ▪ Waiver of Subrogation in favor of City
▪ If any policy forms of endorsements are cited to grant extension of coverage, they must be included with the Certificate of Insurance submission

e. Pollution Policy (Hazardous Materials) [If Applicable] ➢ Required of Projects that involve Demolition and/or Excavation Activities ➢ $1 Million Per Occurrence/ $2 Million Aggregate
➢ City listed as an Additional Insured on the coverage

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BD 5

TIER 2 DESIGNATED INSURANCE REQUIREMENTS
a. Commercial General Liability
➢ $1 Million Per Occurrence/ $2 Million Aggregate
▪ City listed as an Additional Insured on the coverage
▪ Coverage is primary and non-contributory
▪ If scope of work is within 50 feet of any railroad, endorsement citing inclusion of liability associated with this work is required
▪ If any policy forms of endorsements are cited to grant extension of coverage, they must be included with the Certificate of Insurance submission

c. Workers Compensation
➢ $1 Million Per Occurrence for Bodily Injury by Accident ➢ $1 Million Each Employee for Bodily Injury by Disease ➢ $1 Million Policy Limit for Bodily Injury by Accident ▪ Waiver of Subrogation in favor of City
▪ If any policy forms of endorsements are cited to grant extension of coverage, they must be included with the Certificate of Insurance submission

CONTRACTED OPERATIONS DESIGNATED AS TIER 2
Air Conditioning (HVAC)
Systems (service and repair) Carpentry (building interiors) Fire Suppression Systems (service and repair)
Alarms and Alarm Systems Communications Equipment
Installation (interior) Landscape Construction
Building Interior Work (service,
repair and non-structural
remodeling)
Driveway, Parking Area or
Sidewalk (paving or repaving) Painting (exterior)
Cable Installation in Conduits
(buildings) Fence Erection All Other Job Types including Vendors
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BD 6

Contractor expressly waives all rights to subrogation against the City, its officers, employees and volunteers for losses arising from work performed by Contractor for City by expressly waiving Contractor’s immunity for injuries to Contractor’s employees and agrees that the obligation to indemnify, defend and hold harmless provided for in this Agreement extend to any claim brought by or on behalf of any employee of Contractor. This waiver is mutually negotiated by the parties. This shall not apply to any damage resulting from the sole negligence of City, its agents and employees. To the extent any of the damages referenced herein were caused by or resulted from the concurrent negligence of City, its agents or employees, the obligations provided herein to indemnify, defend and hold harmless are valid and enforceable only to the extent of the negligence of contractor, its officers, agents and employees.

Subcontractors. The prime contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements from each subcontractor.

The Contractor shall not assign or sublet the contract, in whole or in part, without the written consent of the City, nor shall the contractor assign any monies due to, or to become due to, Contractor hereunder without prior written consent of the City.

The Contractor shall be fully responsible to the City for the acts and omissions of the subcontractor and persons either directly or indirectly employed by the Contractor. Consent to subcontracting part of the work shall, in no way, release the Contractor from responsibility for performance of the work, and Contractor will be held, in all respects, accountable for the same as if no consent had been given. The Contractor shall give personal attention to this work which is sublet. Nothing contained in the contract documents shall create any contractual relation between any subcontractor and the City.

Hold Harmless and Indemnification. Contractor shall indemnify, hold harmless and defend City and its elected officials, agents and employees and the Consultant from and against any and all claims, losses or liability, including attorney’s fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure to act of Contractor, its subcontractors, and any officers, agents and employees in performing the work required by this Agreement. Contractor’s obligations under this provision shall not be limited in any way by any terms of this Agreement, or the insurance limits.

5. LICENSES AND PERMITS:

No bid will be accepted from a Contractor who is not licensed in accordance with the law under the provisions of Division III, Chapter 9 of the Business and Professions Code of the State of California.

The Contractor shall, at the time of bid opening, possess a valid "Class A" Contractor's license, and provide its California State Contractor’s License number to the City.

All subcontractors listed at the time of bid opening shall possess a valid Contractor’s license for the work in which they are specified to complete within the Bid Submittal Package.

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BD 7
The Contractor shall, prior to Notice to Proceed, procure al l other permits and licenses as stipulated in the GENERAL CONDITIONS.

In addition, no contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015 or awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

Contractors shall submit proof of registration status with their bid submission to the City of Redlands. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

6. SUBSTITUTION OF SECURITIES:

In accordance with applicable provisions of State law, the Contractor will be permitted to substitute qualified securities in lieu of retention of withheld progress payments by the Owner.

7. SUBCONTRACTORS:

Pursuant to Section 4105 of the C alifornia Public Contract Code, t he bidder may not circumvent the requirement to list subcontractors by the device of listing one subcontractor, who in turn sublets portions constituting a majority of the work covered by the contract.

A. Pursuant to California Government Code section 4106, subcontractors who will perform work or labor or render services in an amount in excess of one-half of one percent of the Contractor’s total bid shall be set forth in a list of subcontractors within the bid documents. Such list shall be accompanied by an experienced statement with pertinent information regarding similar projects and other evidence of qualifications for each such subcontractor, supplier, individual, or entity if requested by City. If City or engineer, after doing an investigation, has reasonable objection to any proposed subcontractor, supplier, individual, or entity, City may, before the notice of award is given, request the apparent successful bidder to submit a substitute, without an increase in the bid.

B. If the apparent successful bidder declines to make any such substitution, City may award the contract to the next lowest bidder that propose s to use acceptable subcontractors, suppliers, individuals, or entities declining to make the request and substitutions will not constitute grounds for forfeiture of the bid security of any bidder. Any subcontractor, supplier, individual or entity so listed and against which City makes no written objection prior to the giving of the notice of award will be deemed acceptable by City subject to verification of such assessments after the effective date of the agreement as provided herein.

8. NON DEBARRED CONTRACTORS AND SUBCONTRACTORS

The Contractor and all of its subcontractors shall, at the time of bid opening and for performance of this public works contract, be non-debarred contractors and not be ineligible Contractors pursuant to Public Contract Code section 6109 and Labor Code sections 1777.1 and 1777.7.

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BD 8

9. LABOR LAW REQUIREMENTS

Prior to the start of construction, the Contractor and each subcontractor shall submit to the City an executed Checklist of Labor Law Requirements, included within Appendix A, certifying that each Contractor and Subcontractor will comply with the foregoing Labor Law requirements; and fully understands that failure to comply with these requirements will subject it to the penalties cited herein.

By submitting a bid, the prime contractor and subcontractors involved in this project assure that they intend to comply with the labor law requirements noted within Appendix A, fully understanding that failure to comply may subject them to penalties as noted.

10. BID PROTEST PROCEDURES

Any bid protest must be in writing and received by the City Clerk’s Office at 35 Cajon Street, Suite 4, Redlands, CA 92373, before 5:00 p.m. no later than two working days following the bid opening (the “Bid Protest Deadline”) and must comply with the following requirements:

10.1 General. On ly a bidder who has actually submitted a Bid Proposal is eligible to submit a bid protest against another bidder. Subcontractors are not eligible to submit bid protests. A bidder may not rely on the bid protest submitted by another bidder, but must timely pursue its own protest. If required by City, the protesting bidder must submit a non- refundable fee in the amount specified by City, based upon City’s reasonable costs to administer the bid protest. Any such fee must be submitted to City no later than the Bid Protest Deadline, unless otherwise specified. For purposes of this Section, a “working day” means a day that City is open for normal business, and excludes weekends and holidays as observed by the City.

10.2 Protest Contents. The bid protest must contain a complete statement of the basis for the protest and all supporting documentation. Material submitted after the Bid Protest Deadline will not be considered. The protest must refer to the specific portion or portions of the Contract Documents upon wh ich the protest is based. The protest must include the name, address, email address, and telephone number of the person representing the protesting bidder if different from the protesting bidder.

10.3 Copy to Protested Bidder. A copy of the protest and all supporting documents must be concurrently transmitted by fax or by email, by or before the Bid Protest Deadline, to the protested bidder and any other bidder who has a reasonable prospect of receiving an award depending on the outcome of the protest.

10.4 Response to Protest. The protested bidder may submit a written response to the protest, provided the response is received by the City Clerk’s Office before 5:00 p.m., within two working days after the Bid Protest Deadline or after actual receipt of t he bid protest, whichever is sooner (the “Response Deadline”). The response must include all supporting documentation. Material submitted after the Response Deadline will not be considered. The response must include the name, address, email address, and te lephone number of the person representing the protested bidder if different from the protested bidder.

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BD 9

10.5 Copy of Protesting Bidder. A copy of the response and all supporting documents must be concurrently transmitted by fax or by email, by or before the Bid Protest Deadline, to the protesting bidder and any other bidder who has a reasonable prospect of receiving an award depending upon the outcome of the protest.

10.6 Exclusive Remedy. The procedure and time limits set forth in this section are mandatory and are the bidder’s sole and exclusive remedy in the event of a bid protest. A bidder’s failure to comply with these procedures will constitute a waiver of any right to further pursue a bid protest, including filing a Government Code Claim or initiation of legal proceedings.

10.7 Right to Award. The City Council reserves the right to award the Contract to the bidder it has determined to be the responsible bidder submitting the lowest responsive bid, and to issue a notice to proceed with the Contra ct notwithstanding any pending or continuing challenge to its determination.

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BD 10

PROPOSAL

TO: THE CITY OF REDLANDS, SAN BERNARDINO COUNTY, CALIFORNIA herein called the “City”.

Pursuant to and in compliance with your Notice Inviting Bids, and the other documents relating thereto, the undersigned Bidder, having familiarized themselves with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the plans thereto, hereby proposes and agrees to perform within the time stipulated, the Contract, including all of its component parts and everything required to be performed, and to provide and furnish any and all of the labor, materials, tools, equipment and all utility and transportation services necessary to perform the contract, and complete in a workmanlike manner, all of the work covered by the contract in connection with the City’s Project identified as

MISSION ZANJA CHANNEL IMPROVEMENTS PROJECT
PROJECT No. 405003

NOTE: Bidders must bid on each item in this schedule. All entries in the entire PROPOSAL must be made clearly and in ink. Mistakes shall be lined through, and the correct amount written above and initialed by the authorized agent of the Bidder.

BID SCHEDULE
(See “Section 01200 – Measurement and Payment” for Bid Item description) Item
No. Brief Description Estimated
Quantity
Unit Price
(If Applicable) Total Price in Figures
1 Mobilization (Maximum 5%
of Total Bid Price)
LUMP
SUM N/A $______________________
2 Clearing and Grubbing LUMP
SUM N/A $______________________
3 Erosion Control Plan LUMP
SUM N/A $______________________
4 Epoxy Coating - Semi-Circular
and Arched Channel Section
12,285
SF $_________/SF $______________________
5 Epoxy Coating - Trapezoidal
Channel Section
11,016
SF $_________/SF $______________________
6 Concrete Walls/Ceiling Repair 1,165 SF $_________/SF $______________________ 7 Concrete Floor Repair 1,381 SF $_________/SF $______________________ 8 Clean, Fill & Grout SD Lateral 13 EA $_________/EA $______________________

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BD 11

BID SCHEDULE (CONTINUED)
(See “Section 01200 – Measurement and Payment” for Bid Item description) Item
No. Brief Description Estimated
Quantity
Unit Price
(If Applicable) Total Price in Figures
9 Demobilization LUMP
SUM N/A $______________________
BID SCHEDULE TOTAL PRICE $______________________

Last Minute Additions/Deductions*__________________________________________ Bid Item No.________ Last Minute Additions/Deductions*__________________________________________ Bid Item No.________ Last Minute Additions/Deductions*__________________________________________ Bid Item No.________

BID SCHEDULE TOTAL PRICE: $_______________________________________________________

BID SCHEDULE TOTAL PRICE WRITTEN IN WORDS: ________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________

* Provision is made here for the Bidder to include an addition or deduction in its bid, if it wishes, to reflect any last-minute adjustments in prices. The ad dition or deduction, if made, will be proportionately applied to the Progress Payments total for the respective item in the Schedule of Prices, the amount being added or deducted for each monthly payment. The unit prices entered in the Schedule of Prices will not be affected.

LOW BID DETERMINATION:

The low bid will be determined pursuant to Public Contract Code Section 20103.8 as the lowest bid price on the Bid Schedule Total Price on page BD 11. A responsible bidder who submits the lowest bid as determined by the above method shall be awarded the contract, if it is awarded, by the City Council of the City of Redlands.

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BD 12

ADDENDA

Receipt of the following addenda is hereby acknowledged and the same is included in the Bid Price:

Addendum #1___________ Addendum #2___________ Addendum #3____________ (initials) (initials) (initials)

Addendum #4___________ Addendum #5___________ Addendum #6____________ (initials) (initials) (initials)

ATTEST: (if Corporation)

(Corporation Seal)

___________________________________ _____________________________________ Company Name Signature

____________________________________ _____________________________________ Address Name

____________________________________ _____________________________________ City, State, Zip Title

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BD 13

BID CERTIFICATION

The undersigned certifies that they are familiar with the various State and local laws affecting labor, length of working days, employer's liabilities, Sunday work, alien labor, domestic materials, Subcontractors, etc.

It is understood and agreed that the work under the contract will be commenced by the undersigned Bidder, if awarded the contract, within ten (10) calendar days from the date in the Notice to Proceed and will be completed by the Contractor in the time set forth in the CONTRACT.

Enclosed find Bidders bond or certified or cashier's check No. _________________ on the __________________________________ Bank, in the amou nt of ______________________ _______________________ which is not less than ten percent (10%) of the Bid submitted by the undersigned, made payable to the City of Redlands, California and which is given as a guarantee that the Bidder agrees that in case of their default in executing said contract with necessary bonds, the bond or check accompanying this Bid and the money made payable shall become and remain the property of the City of Redlands.

It is understood and agreed that the City of Redlands has the right to waive defects or irregularities and to accept or reject any or all Bids. No Bidder may withdraw their Bid for a period of sixty (60) days after the time of the Bid Opening except as allowed by the California Public Contract Code.

The following information, required by State law under penalty of perjury, is true and correct. Failure to complete this information renders the bid non-responsive, and the bid must be rejected.

____________________________________ _______________________________________ Company Name Signature

____________________________________ _______________________________________ Address Signatory's Title

____________________________________ _______________________________________ City, State, Zip State License Number and Class

____________________________________ _______________________________________ Telephone Number License Expiration Date

Dated this ________________ day of ___________________, 20___.

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BD 14

BID BOND

KNOW ALL PERSONS BY THESE PRESENTS,

That ______________________________________________________________ as Principal, and ______________________________________ as Surety, are held and firmly bound unto the City of Redlands, hereinafter called City, in the sum of ______________________________________ dollars, 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.

WHEREAS, said Principal has submitted a bid to said City to perform all work required under the PROJECT No. 405003.

NOW, THEREFORE, if said Principal is awarded a contract by said City and, within the time and in the manner required under the heading "Instructions to Bidders" bound with said Specifications, enters into a written contract on the form of agreement bound with said Specifications and furnishes the required bonds, one to guarantee faithful performance and the other to guarantee payment for labor and materials; then this obligations shall be null and void, otherwise it shall remain in full force and effect. In the event suit is brought upon this bond by said City and Judgment is recovered, said Surety shall pay all costs incurred by said City in such suit, including a reasonable attorney's fee to be fixed by the court.

SIGNED AND SEALED, this _________ day of _____________________________, 20____.

______________________________(SEAL) _______________________________(SEAL) (Principal) (Surety)

By:_________________________________ By:__________________________________ (Signature) (Signature)

Address:______________________________
_____________________________________
Telephone (___)________________________
(Seal and Notarial Acknowledgment of Surety)
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BD 15

STATEMENT BY BIDDER

NON-COLLUSION AFFIDAVIT

STATE OF )
) ss

COUNTY OF )

, being first duly sworn, deposes and says that

he is
(Sole Owner, a Partner, President, Secretary, etc.)

of
(Contractor)

the party making the foregoing bid on PROJECT No. 405003 that such bid is not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the Bidd er has not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that 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 of any other Bidder or to fix any overhead, profit, or cost element of the bid price or of that of another bidder, or to secure any advantage against the public body awarding the Contract of anyone interested in the proposed contract; that all statements contained in such bid are true; and further, that the Bidder has not direct ly or indirectly, submitted his bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

By: ______________________________ Title: ________________________________

Subscribed and sworn to before me this day of __________________________, 20 .

Signature of Officer Administering Oath
(Notary Public)

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BD 16

STATEMENT BY BIDDER
OFFICERS OF CORPORATION (Members of Firm)

The names of all persons interested in the foregoing proposals as principals, are as follows:
(IMPORTANT NOTICE - if Bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer and manager thereof; if a co-partnership, state true name of firm, also names of all individual co-partners composing firm; if Bidder or other interested person is an individual, state first and last names in full).

_____________________________________ _____________________________________

Licensed in accordance with an act providing for the Registration of Contractors, License

No. ______________________________________.

Signature of Bidder Dated

NOTE: If Bidder is a corporation, the legal name of the corporation shall be set forth above, together with the signature of the officer(s) authorized to sign contracts on behalf of the corporation; if Bidder is a co-partnership, the true name of the firm shall be set forth above, together with the signature of the partner or partners authorized to sign contracts in behalf of the co-partnership, and if the Bidder is an individual, that signature shall be placed above.

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BD 17

STATEMENT BY BIDDER

SUB-CONTRACTORS LIST

Bidder supplies the following information for any Subcontractor who will perform work or labor or render services to the prime contractor, etc. to be used on PROJECT No. 405003, all in accordance with Section 4104 of the California Public Contract Code.

LICENSED SUBCONTRACTOR’S NAME

AND BUSINESS ADDRESS

LICENSE #

SPECIFIC

DESCRIPTION

OF SUBCONTRACT
& BID ITEM #
% OF BID

ITEM TO BE

PERFORMED

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BD 18

STATEMENT BY BIDDER

QUALIFICATION AND EXPERIENCE STATEMENT

The following outline is a record of the undersigned Bidder's experience in construction of three (3) projects of a type similar in magnitude and character to that contemplated under PROJECT No. 405003 within the past two years. Include the location of each project as well as the name, address, and phone number of the owner, and name of individual to contact.

Subcontractors performing in excess of one half of one percent of the prime Contractor’s total bid, or in the construction of streets or highways, one half of one percent of the prime contractor’s total bid or ten th ousand dollars ($10,000), which ever is greater shall provide a similar out line.

Additional pages outlining this portion of the Bid may be attached. Failure to provide this statement may result in rejection of the bid by the City of Redlands.

1. Owner's Name:

Contact Person: Phone: ( ) Address of Owner:

Project Description:

Amount of Contract: Completion Date:

2. Owner's Name:

Contact Person: Phone: ( ) Address of Owner:

Project Description:

Amount of Contract: Completion Date:

3. Owner's Name:

Contact Person: Phone: ( ) Address of Owner:

Project Description:

Amount of Contract: Completion Date:

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BD 19

STATEMENT BY BIDDER

GENERAL INFORMATION

1. Bidder's Mailing Address

2. Number of years engaged in the contracting business under your present firm or trade name:

3. Have you ever failed to complete any work awarded to you? (Yes or No) . If yes, provide details in the space provided in Item 10.

4. Have you ever defaulted on a contract? (Yes or No) . If yes, provide details in the space provided in Item 10.

5. Have you ever been a party to a lawsuit or gone to arbitration during the last 5 years? (Yes or No) . If yes, provide details in the space provided in Item 10.

6. Has any Stop Notice been filed against you during the last 5 years? (Yes or No) . If yes, provide details in the space provided in Item 10.

7. Has your contractor's license ever been suspended, revoked, or subject to disciplinary action? (Yes or No) . If yes, provide details in the space provided in Item 10.

8. Contracts currently on hand:

Agency Name Amount of Contract Start Date Completion Date

9. Enter the name of person(s) who inspected the site of the proposed work for your firm and the date of said site inspection.

Name: Date:

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BD 20

10. In the space provided, the Bidder shall provide details concerning any "Yes" answers provided in this "General Information" section. Details shall include, but not be limited to, the nature of dispute, name of the agency involved and the final outcome. If requested by the City, the Bidder shall supply additional information, sufficiently detailed, to p ermit evaluation of the Bidder's ability to perform the work.

Question
Number Details

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CONTRACT DOCUMENTS
(CD)

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\\files\Engineering\Capital Projects\405400 STORM DRAIN PROJECTS\Mission Zanja Channel Improvements\6 DESIGN\6-10 SPECIFICATIONS\Public Work Contract.PW-3.1.doc

PUBLIC WORK CONSTRUCTION CONTRACT

This Public Work Construction contract (“Contract”) is made and entered into this ___ day of ____________, 2023, by and between the City of Redlands , a municipal c orporation, organized and existing under the laws of the S tate of California (hereinafter “City”), and __________________ (hereinafter "Contractor"). City and Contractor are sometimes individually referred to herein as a “Party” and, together, as the “Parties.”

In consideration of the mutual promises contained herein, City and Contractor agree as follows:

1. SCOPE OF WORK: Contractor shall furnish all materials and will perform all of the work for the following: MISSION ZANJA CHANNEL IMPROVEMENTS PROJECT , complete all items as required by the Contract Documents (as herein def ined) and Specifications for City’s MISSION ZANJA CHANNEL IMPROVEMENTS PROJECT , PROJECT No. 405003 (the “Work”).

2. CONTRACT SUM: City shall pay Contractor the sum of ___________________ dollars ($___________) as consideration for its performance of the Work in accordance with the terms and conditions set forth in the Contract Documents. Pursuant to Public Contract Code Section 22300, Contractor has the option to deposit securities with an escrow agent as a substitute for retention of earnings required to be withheld by City pursuant to an escrow agreement as set forth in Public Contract Code section 22300.

3. TIME FOR COMPLETION: The Work shall be completed within sixty (60) calendar days from and after the date of City’s issuance of a Notice to Proceed to Contractor.

4. LIQUIDATED DAMAGES: Contractor’s failure to complete the Work within the time allowed will result i n damages being sustained by City. Such damages are, and will continue to be, impracticable and extremely difficult to determine. Accordingly, Contractor shall pay to City, or have withheld from monies due to Contractor, the sum of five hundred dollars/cents ($500) for each consecutive calendar day in excess of the specified time for completion of the Work.

Execution of this Contract shall constitute agreement by City and Contractor that five hundred dollars ($500) per day is the estimated damage to City caused by the failure of Contractor to complete the work within the allowed time. Such sum is liqu idated damages and shall not be construed as a penalty, and may be deducted from payments due Contractor if such delay occurs.

5. CONTRACT DOCUMENTS: This Contract incorporates by reference the following: Notice Inviting Bids, Instructions to Bidders, Contractor’s Proposal, Bid Bond, Agreement, Performance Bond, Labor and Material Bond, Plans, General Conditions, Special Provisions and Specifications, and any addenda thereto (collectively, the “Contract Documents”).

7. RESOLUTION OF CONSTRUCTION CLAIMS: Claims by Contractor in the amount of three hundred seventy five thousand dollars ($375,000) or less shall be made by Contractor and processed by the City pursuant t o the provisions of Part 3, Chapter 1 , Article 1.5 of the Public Contract Code (commencing with Section 20104). All claims shall be in writing and include the Redlans Regular Meeting of 09-05-2023
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documents necessary to substantiate the claim. Nothing in subdivision (a) of Public Contract Code Section 20104.2 shall extend the time limit or supersede the notice requirements provided in this case from filing claims by Contractor.

8. ELIGIBILITY OF CONTRACTOR/SUBCONTRACTOR: Contractor and all of its subcontractors shall abide by California Public Contract Code, Section 6109, and California Labor Code Sections 1777.1 and/or 1777.7, and certify that they are not debarred and are eligible to work on this project.

9. ASSIGNMENT OF AGREEMENT: No assignment by a Party of any rights or interests under this Contract shall be binding on another Party without the written consent of the Party sought to be bound.

10. SUCCESSORS AND ASSIGNS: City and Contractor each binds itself and their respective successors and assigns in respect to all covenants, agreemen ts, and obligations contained in the Contract Documents.

11. SEVERABILITY: Any provision or part of the Contract Documents held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor.

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IN WITNESS WHEREOF, the Parties hereto have executed this Contract the day and year first written above.

CITY OF REDLANDS
(SEAL)

By:____________________________________
Eddie Tejeda, Mayor
ATTEST:

____________________________________
Jeanne Donaldson, City Clerk
(SEAL)

__________________________________________
Name of Contractor

By:_______________________________________
Signature of Authorized Agent

__________________________________________
Title

__________________________________________
Signature of Authorized Agent (if necessary)

__________________________________________
Title

__________________________________________
Contractor's License No.

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WORKER'S COMPENSATION INSURANCE CERTIFICATION

Description of Contract: City of Redlands
Municipal Utilities and Engineering Department

MISSION ZANJA CHANNEL IMPROVEMENTS PROJECT
PROJECT No. 405003

Every employer, except the Sta te, shall secure the payment of compensation in one or more of the following ways:

a. By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State. b. By securing from the Director of Industrial Relations, a certificate of consent to self - insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing pro of satisfactory to the Director of Industria l Relations of ability to self-insure and to pay any compensation that may become due to his or her employees.

CHECK ONE

_____I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability fo r 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 and activities required or permitted under this Agreement. (Labor Code §1861).

_____I affirm tha t at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers’ compensation laws of California. However, at any time, if I employ any person such that I become subject to the workers’ compensation laws of California, immediately I shall provide the City with a certificate of consent to self -insure, or a certificati on of workers’ compensation insurance.

I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct.

Dated this day of , 2023. _____________________________________
(Contractor)
_____________________________________
(Signature)
_____________________________________
(Official Title)

(SEAL)

(Labor Code Section 1861 provides that the above certificate must be signed and filed by the Contractor with the Owner prior to performing the work of the contract.)
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FAITHFUL PERFORMANCE BOND

Whereas, the City of Redlands (“City”), State of California, and ______________ (hereinafter designated as "Princip al") have entered into an agreement dated _____, 2023 (“Agreement”) whereby Principal agrees to install and complete certain public improvements (the “Work”), which said Agreement is identified as MISSION ZANJA CHANNEL IMPROVEMENTS PROJECT, PROJECT No. 405003 and is hereby referred to and made a part hereof; and

Whereas, said Principal is req uired under the terms of the A greement to furnish a bond for the faithful performance of the Work, 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, for the payment of which sum we bind ourselves, and our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.

The condition of th is obligation is such that if the above bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide b y, and well and truly keep and perform the covenants, conditions and provisions in the Ag reement and any alteration thereof made as therein provided, on his or its part, to be kept and performed at the time and in the manner therein specified, and in all r espects according to their true intent and meaning, and shall faithfully fulfill the one -year guarantee of all material s and workmanship, and shall defend, indemnify and save harmless the City and its elected officials, officers, agents and employees, as therein stipulated, 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 therefor, there shall be included cost s and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by the City in successfully enforcin g such obligations, all to be taxed as costs and included in the judgment rendered.

As a condition precedent to the satisfactory complet ion of the Work, the above obligation shall hold good for a period of one (1) year or lon ger if required by the Agreeme nt after the acceptance of the work by the City, during which time if the Principal shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage made evident duri ng this period from the date o f completion of the Work, and resulting from or caused by defective materials or faulty workmanship, the above obligation in penal sum th ereof shall remain in full force and effect. The obligations of Surety hereunder shall c ontinue so long as any obligation of the Principal remains.

Whenever the Principal shall be, and is declared by the City to be, in default under the Agreement, the City having performed the City obligations thereunder, the Surety shall promptly remedy the default, or shall promptly, at the City’s option:

1. Complete the Work in accordance with its terms and conditions; or

2. Obtain a bid or bids for completing th e Work in accordance with its terms and conditions, and upon determination by Surety of t he lowest responsive and respo nsible bidder, arrange for a contract between such bidder and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Work less the balance of the Agreement price, but not exceeding, including other costs and damages for which Surety may be liable hereunder, the Redlans Regular Meeting of 09-05-2023
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amount set forth above. The term “balance of the Agreement price,” as used in this p aragraph, shall mean the total amount payable to the Principal by the City under the Agre ement and any modifications thereto, less the amount previously properly paid by the City to the Principal.

Surety expressly agrees that the City may reject any c ontractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Principal.

Surety shall not utilize the Principal in completing the Work nor shall Surety accept a bid from the Principal for compl etion of the Work if the City, when declaring the Principal in default, notifies Surety o f the City’s objection to the Principal’s further participation in the completion of the Work.

No right of action shall accrue on the bond to or for the use of any pe rson or corporation other than the City named herein or the successors or assigns of the City. Any suit under this bon d must be instituted within the applicable statute of limitations period.

The said Surety, for value received, hereby stipulates and ag rees that no change, extension of time, alteration or addition to the terms of the Agreem ent or to the work to be perfo rmed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waiv e notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications.

No final settlement between the City and the Principal shall abridge the right of any beneficiary hereunder whose claim may be unsatisfied.

The Principal and Surety agree that if the City is required to engage the services of any attorney in connection with the enforcement of this bond, each shall pay the City’s reasonable attorneys’ fees incurred, with or without suit, in addition to the above sum.

In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on , 2023.

(SEAL) (SEAL)

(Contractor) (Surety)
BY:
(Signature) (Signature)

Address:___________________________________
__________________________________________
(Seal and Nota rial Acknowledgment of
Surety)
Telephone ( )___________________________

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LABOR AND MATERIAL BOND

Whereas, the City Council of the City of Redlands, State of California, and ________________ (hereinafter designated as “Principal”) have enter ed into an agreement (the “Agreement”) whereby Principal agrees to install and complete certain designated public improvements (the “Work ”), which said agreement, dated ____________, 2023, and identified as MISSION ZANJA CHANNEL IMPROVEMENTS PROJECT, PROJECT No. 405003 is hereby referred to and made a part hereof; and

Whereas, under the terms of the Agreement, Principal is required before commending the performance of the Work, to file a good and sufficient Labor and Material bond with the City of Redlands to se cure the claims to which refer ence is made in Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code of the State of California.

Now, therefore, said Principal and the undersigned as corporate surety, are held firmly bound unto t he City and all contractors, s ubcontractors, laborers, material men and other persons employed in the performance of the Agreement and referred to in the aforesaid Code of Civil Procedure in the sum of ______________ dollars ($_____) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upo n this bond, will pay, in addi tion to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorne ys’ fees, incurred by the City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 3 (commencing w ith Section 9550) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.

The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or the specifications accompanying the same shall in any manner af fect its obligations on this b ond, and it does hereby waive notice of any such change, extension of time, alteration or addition.

In witness whereof, this instrument has been duly executed by the Principal and surety above named, on _______________________, 2023.

(SEAL) (SEAL)

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GP 4

GENERAL CONDITIONS
(GC)
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GENERAL CONDITIONS

The Standard Specifications for Public Works Constructions, 2021 Edition (Greenbook), together with supplements as published by Building News, Inc., are modified herein and comprise the Standard Specifications. For convenience, the section and subsection numbering system used in these modifications correspond to those used in the Greenbook. Unless specifically deleted or modified herein, all requirements of the Greenbook shall prevail.

SECTION 1 – GENERAL, TERMS, DEFINITIONS, ABBREVIATIONS,

UNITS OF MEASURE, AND SYMBOLS

1-2 TERMS AND DEFINITIONS.

Agency - Amend as follows:
“The legal entity (City) for which the Work is being performed.”

Bidder - Amend as follows:
“Any individual, firm, partnership, corporation, or combination thereof, licensed in accordance with the provisions of Chapter 9, Division III of the Business and Professions Code, submitting a Bid for the Work, acting directly or through a duly authorized representative.”

City. The City of Redlands, San Bernardino County, California, being the legal entity for which the Work is being performed. Also referred to as Agency or Owner.

City Council. The City Council of the City of Redlands, San Bernardino Count y, California, being the body authorizing entrance into legal agreements and allowing work in public right -of- way or on public property controlled by the City of Redlands. Also referred to as Board.

Engineer - Amend as follows:
“The City Engineer of the Agency, or other person designated by the City Engineer, acting either directly or through authorized agents.”

Fabricated. An item specifically assembled or made out of selected materials to meet individual design requirements.

Guarantee. See Warranty.

Laboratory. The designated laboratory authorized by the City of Redlands to test materials and work involved in the Contract.

Manufactured. A standard mass-produced unit or item meeting design requirements.

Owner. The City of Redlands, San Bernardino County, California.

Pavement. The uppermost layer of material placed on the traveled way or shoulder. Also referred to as surfacing.

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Rain Day. A scheduled working day wh en you cannot perform work on the controlling activity for at least 50 percent of the day with at least 50 percent of the normal labor and equipment due to adverse weather-related conditions that cause the Contractor to dismiss the crew.

Street - Delete and replace with the following:
“Any road, highway, parkway, freeway, avenue, street, lane, alley, crossing, intersection, court, place, circle, walk, way, or any public right-of-way within the jurisdiction of the Agency.”

Surety - Delete and replace with the following:
“An admitted corporate surety as listed by the United States Department of Treasury and duly licensed to conduct business in the State of California and County of San Bernardino and acceptable to the City of Redlands, bound with and for the Contractor for the acceptable performance, execution, and completion of the Work, and for the satisfaction of all obligations incurred.”

Warranty. An extended insurance by the Contractor, of any product or item of work installed as a part of this project for replacement and/or repair for the time period specified, including but not limited to, all parts, labor, materials, tools, equipment costs, etc. necessary for the product or item of work to be in proper and acceptable working condition after completion of the project. For the purposes of this Contract, the period of coverage shall begin on the date of the Notice of Completion filed by the Owner.

Working Hours. Unless specified otherwise, working hours shall be from 7:00 AM to 4:00 PM, Monday through Friday, inclusive. Saturdays, Sundays, and City Holidays, as shown on the current year Construction Schedule, are excluded unless authorized by the City.

1-7.2 CONTRACT BONDS. - Add the following sentence to paragraph 1:

The warranty provisions set forth in Section 7-18 shall be secured by the Contract Performance Bond required under this section and said Bond shall remain in full force and effect for a period of one year from the date of completion as specified in the Notice of Completion.

SECTION 2 - SCOPE OF THE WORK

2-2 PERMITS. - Amend the following:

Amend the first sentence of paragraph 1 as follows:
“The Contractor will obtain all permits necessary to perform the work in streets, highways, railways or other rights-of-way.”

Add the following sentence between the first and second sentences of paragraph 1:

For all work within Caltrans right -of-way, the Contractor shall obtain their own Caltr ans Encroachment Permit and pay all necessary permit and inspection fees as required by Caltrans.

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Add the following paragraph:

The Contractor shall, prior to the start of work, procure all permits and licenses, including but not limited to, a City Business License for itself, subcontractors, and all parties performing actions associated with this contract within the City of Redlands , City Truck Route Permit, City Street/Lane Closure Permit, City Encroachment Permit, USA Verification Number, DOSH Excavation Permit, other permits required by agencies and/or utilities having jurisdiction on the work, pay all charges and fees required by the City, other agencies and utilities, and give all notices necessary and incidental to the due and lawful prosecution of the work. All City permits associated with this project are no fee to the Contractor.

SECTION 3 - CONTROL OF THE WORK

3-7 CONTRACT DOCUMENTS.

3-7.1 General. – Add the following paragraphs:

Contractor’s working drawings or plans for any structure not included in the plans shall be approved by the Engineer before any work is performed. It is mutually agreed that approval by the Engineer of the Contractor’s working plans does not relieve the Contractor of any responsibility for accuracy of dimensions and details, and that the Contractor shall be responsible for agreement and conformity of their working plans with the approved plans and specifications.

Finished surfaces in all cases shall conform with the lines, grades, cross sections, and dimensions shown on the approved plans. Deviations from the approved plans will be determined by the Engineer and approved in writing. In the event of a discrepancy between any drawing and the figures written thereon, the figures shall be taken as correct.

Should it appear that the work to be done or any matter thereto is not sufficiently detailed or explained by the plans and specification, the Contractor shall apply to the Engineer for such further explanation as may be necessary and shall conform to such explanation or interpretation as part of the Contract so far as may be consistent with the intent of the original plans and specifications.

3-7.1.1 Preconstruction Meeting. The Contractor to whom the contract is awarded, and all his major subcontractors, shall attend a pre -construction meeting. The time and location of said meeting will be set by the City. Contractor will be given adequate notice of such meeting. It shall be the Contractor's responsibility to notify his subcontractor s of the time and location of the meeting. All submittals as required under the General Requirements shall be submitted by the Contractor at the time of the meeting.

The Contractor will be provided with an electronic (.PDF file) of the conformed plans and specifications for their use throughout the project. Contractor is responsible for all costs of reproduction.

Progress meetings will be scheduled by the City. The Contractor will be given at least five working days notice of the time and location of said meetings. The Contractor has the responsibility of notifying his subcontractors, suppliers, and fabricators of the time and location of said meetings.

Meetings will be held either at the job site, at the offices of the City of Redlands, or at any o ther Redlans Regular Meeting of 09-05-2023
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GC 4

location approved by the City. The Contractor may request, in writing, that a meeting be held.

The City will schedule a meeting at the Contractor’s request not more than five working days after receiving said written notice.

3-7.2 Precedence of Contract Documents. – Replace paragraph 2 with the following:

The precedence shall be (A. being highest, O. being lowest):

A. Permits from other Agencies as may be required by law.

B. Change Orders.

C. Contract.

D. Addenda.

E. Bid Schedule/Proposal.

F. General Requirements.

G. Technical Specifications.

H. Plans.

I. MUED General Permit Conditions and Trench Specifications.

J. City of Redlands Water & Sewer Systems Standard Specifications.

K. General Conditions.

L. City of Redlands Standard Specifications and Detail Drawings for Design and Construction of Public Improvements and all Supplements
M. Standard Specifications for Public Works Construction (SSPWC), 2018 Edition N. Standard Plans for Public Works Construction, 2012 Edition O. Reference Specifications.

3-8.7 Record Drawings. The Contractor shall maintain at the job site, a set of record drawings for the work showing: exact location information of all existing underground utilities encountered, final locations determined in the field, any deviations from the plans a nd specifications and new work performed within the work area; and all differences between the work as drawn and as installed for all concealed work as well as work added which is not shown on the drawings. Concealed work shall mean all work installed underground or in an area which cannot be readily inspected by use of access panels, inspection plates or other removable features. When vacuum excavation (potholing) services are required, contractor to provide report that identifies depth and alignment of underground utilities.

These record drawings shall be kept current and legible, and shall be available for inspection at all times by the Engineer, Architect and Contractor. All information, changes in the work or work added on these record drawings shall be marked in red. All markings shall use the same legends that are used on the drawings. Indicate locations by exact dimensions and elevations. Give dimensions and elevations from a permanent reference point and prepare all changes to scale.

At the end of construction, the contractor shall prepare one set of marked -up prints of the record drawings indicating any and all revisions and changes to the drawings reflecting As-Built conditions.

The drawings shall also contain a listing of all subcontractors who worked on the construction project.

The As-Built drawings will be submitted to the Municipal Utilities and Engineering Department for review and approval by the City Inspector and Engineer.

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drawings to reflect the As-Built condition; or (2) Re-plot the original drawings electronically on 4 mil mylars and make revision s electronically to reflect the As-Built conditions. The final As -Built drawings will be reviewed and approved by the City Inspector and Engineer

The construction related bonds will not be released by the City until the As-Built drawings are accepted by the Engineer and all City stipulated conditions for the release of the bonds have been satisfied.

3-10 SURVEYING.

3-10.3 Line and Grade. - Add the following sentences to paragraph 1:

All distances and measurements shown are and will be made in a horizontal plane. Construction line and grade staking shall be set at maximum intervals of 25 feet when the grade is 0.50 percent or greater. Construction line and grade staking shall be set at maximum intervals of 12 feet when the grade is less than 0.50 percent.

3-10.4 Permanent Survey Markers.

The Registered (licensed) Land Surveyor or Registered Civil Engineer authorized to practice land surveying in accordance with all provisions of Section 8771 of the Business and Profession Code shall be hired as a subcontractor or employed by the Contractor.

3-10.5 Survey Service.

Contractor shall be responsible for: furnishing all surveying and staking, horizontal and vertical, as shown on the plans and in accordance with the specifications; furnishing all staking for sub-grade and base course grades per typical sections; replacing any existing monuments and ties which have been destroyed by construction; identifying, locating and tying out all monuments and ties necessary within the work area; and shall reinstall all disturbed monuments and ties, supplying the Engineer with copies of monument and tie sheets recorded with the County Surveyor in accordance with applicable State law. Monuments shall be approved by the Engineer.

Surveying and staking shall be done by a Registered (licensed) Land Surveyor or Registered Civil Engineer authorized to practice land surveying in accordance with all provisions of Section 8771 of the Business and Professions Code.

Unless otherwise specified, stakes will be set and stationed by the Contractor’s surveyor for curbs, headers, sewers, storm drains, structures, rough grade and all other staking necessary for the construction of the work. A corresponding cut or fill to finished grade (or flowline) will be indicated on a grade sheet to be supplied to the Engineer. The Contractor shall dig all holes necessary for line and grade stakes.

3-13 COMPLETION, ACCEPTANCE, AND WARRANTY.

3-13.2 Acceptance. - Add the following paragraphs:

The Contractor shall submit written assertion that the work has been completed prior to the Engineer making final inspection. The Engineer will have 48 hours to inspect the work. If the Engineer determines that the work is not complete, written notice will be given.

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Until final acceptance of work by the Engineer, the Contractor shall have charge and care thereof from damage caused by the action of the elements or from any other cause, whether arising from the execution or from the non-execution of the work. The Contractor shall rebuild, repair, restore, and make good all injuries or damage to any portion of the work occasioned by any of the above causes before final acceptance and shall bear the expense thereof.

All work which has been rejected shall be remedied or removed and replaced by the Contractor at their expense with work conforming to the plans and specifications. Any defective material or workmanship which may be discovered before final acceptance or within one year from the date of final acceptance shall be immediately corrected by the Contractor at their expense, notwithstanding that it may have been overlooked in previous inspections and estimates. Failure to inspect work at any stage shall not relieve the Contractor from any obligation to perform sound and reliable work as herein described. It is the Contractor ’s ultimate responsibility to deliver a complete, operational project that complies in all details with these specifications, at the time of final acceptance.

Any omission or failure on the part of the City to discover or notify the Contractor of or to condemn defective work or material at the time of construction shall not be deemed as acceptance, and the Contractor will be required to correct defective work or material prior to final acceptance.

The City will endeavor to locate any errors or defective materials or workmanship and call them to the attention of the Contractor prior to subsequent work being performed. However, the City is under no obligation to do so and shall not be held liable because errors or defective material or workmanship by the Contractor are not discovered prior to subsequent work.

Nothing in this section shall be construed to limit the rights of the City to immediately correct conditions which are unsafe or which pose a public health nuisance. Should said corrections later be found to be caused by defective material and/or workmanship, the Contractor and their surety shall reimburse the City for costs reasonably incurred while attending the situation.

In the event it is necessary for the City to file suit to enforce any liability of the Contractor pursuant to this Section, the City shall be entitled to recover from the Contractor, in addition to all other amounts found due and owing, costs of suit and reasonable expenses and fees including reasonable attorneys’ fees incurred by the City in successfully enforcing the Contractor’s obligation, all to be taxed as costs and included in any judgment rendered.

3-13.3 Warranty. - Amend the following:

Amend the first sentence of the paragraph 3:
“The warranty period for specific items covered under manufacturers’ or suppliers’ warranties shall commence from the date of the final acceptance, except where longer warranty periods are specified.”

Add the following paragraphs:

All start-up and testing shall be complete, approved and accepted before final acceptance, substantial completion, or beneficial occupancy.

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GC 7

The warranty provided herein shall not be in lieu of, but shall be in addition to any warranties or other obligations otherwise imposed by the specifications or by law. The remedies provided herein shall not be exclusive and the City shall be entitled to any and all remedies provided by law.

3-14 INSPECTION.

The Contractor shall notify the Engineer at least 24 hours in advance before inspection is required.

Whenever the Contractor varies the period during which work is carried on each day, due notice shall be given to the Engineer so that proper inspection may be provided. Varied working hours may be allowed only upon written authorization from the Engineer.

Work financed in whole or in part with funds from another public entity or performed within the jurisdiction of another public entity shall be subject to inspection at all times by authorized representatives of that entity.

The work shall be ready for inspection, whether by City, other public entities or independent testing laboratories, at the scheduled times arranged by the Contractor. If, in the City’s sole judgment, the work is not ready and the inspection must be rescheduled, the Contractor shall be notified. The Contractor shall reschedule the inspection and provide the proper 24 hour notification for the rescheduled inspection. Any costs incurred by the City for rescheduled inspections shall be reimbursed prior to the release of Bonds.

In order to allow for inspection, the Contractor shall notify the City’s inspector sufficiently in advance of the permanent concealment of any materials or work. The City ’s inspector shall make the appropriate notifications to other public entities and independent testing laboratories for inspections.

All inspections required in the specifications for this project shall be coordinated through the City’s inspector.

If any work is concealed or performed without the prior notice specified, the work shall be subject to such tests or exposure as may be necessary to prove to the City, Architect and Engineer, that the materials used and the work performed are in conformity with the drawings and specifications. All labor, tools, materials and equipment necessary for exposing and testing shall be furnished by the Contractor at their expense. The Contractor shall replace at their expense, any materials or work damaged by exposure or testing.

Overtime inspection may be requested by the Contractor. Overtime inspection includes but is not limited to, any hours worked outside of the inspector’s normal working hours including weekends and holidays. Such requests shall be on a case-by-case basis as determined by the Engineer. If the Engineer so determines and approves, overtime inspection shall be paid for by the Contractor at the current City billing rate at the time of request or as billed by other public entities or independent testing laboratories. Any costs incurred by the City for overtime inspection shall be reimbursed prior to the release of Bonds.

SECTION 4 - CONTROL OF MATERIALS

4-1 GENERAL. - Delete and replace with the following:

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Should any work performed or material furnished under the Contract prove defective or not in accordance with the Plans and Specifications and in the opinion of the Engineer such defect is not of sufficient magnitude or importance to make the work dangerous or unusable, or if the removal of such work is impracticable or will create dangerous or undesirable conditions, the Engineer at his discretion shall have the right and authority to retain such work instead of requiring it to be removed and reconstructed, but he shall make such deductions therefore in the payment due the Contractor as may be just and reasonable.

4-1.1 Warranty of Title. No materials, supplies or equipment for the work under this Contract shall be purchased subject to any chattel mortgage or under a conditional sale contract or other agreement by which an interest therein or any part thereof is retained by the seller or supplier. The Contractor warrants clear and good title to all materials supplied and equipment installed and incorporated in the work and agrees, upon completion of all work, to deliver the premises, together with all improvements and appurtenances constructed or placed thereon by him, to the Owner free from any claims, liens, encumbrances or charges, and further agrees that neither he nor any person, firm, or corporation furnishing any material or labor for work covered by the Contract shall have any right to a lien upon the premises or any improvement or appurtenance thereon, provided that this shall not preclude the Contractor from installing metering devices or other equipment of utility companies the title of which is commonly retained by the utility company. Nothing contained in this article, however, shall defeat or impair the right of such persons furnishing materials or labor under any bond given by the Contractor for their protection, or any right under any law permitting such persons to look to funds due the Contractor, which are in the hands of the Owner.

4-1.2 Clayton Act. In submitting a bid to the City, if the bid is accepted the Contractor agrees it will assign to the City all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.

Section 15) or under the Cartwright Act (chapter 2 [commencing with Section 16700] of Part 2 Division 7 of the Business and Professionals Code), arising from purchases of goods, materials, or services by the Bidder for sale to the City pursuant to the bid. Such assignment shall be made and become effective at the time the City tenders final payment to the Bidder.

SECTION 5 – LEGAL RELATIONS AND RESPONSIBILITES

5-1.1 CONTRACTOR’S EQUIPMENT AND FACILITIES.

A noise level limit of 86 dbA at a distance of 15 m (50 feet) shall apply to all construction equipment on or related to the work whether owned by the Contractor or not. The use of excessively loud warning signals shall be avoided, except in those cases required for the protection of personnel.

5-1.2 General.

The enclosed toilets required by this section shall be located within an approved yard, if one is acquired by the Contractor. If a yard is not acquired by the Contractor or the project is not within a City owned property, the toilets must be installed on a trailer and removed from the jobsite each day.

At no times shall toilets be stored within the public right of way outside of working hours.

5-3 LABOR. - Amend the following:

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5-3.1 General. - Add the following paragraphs:

Employment of apprentices are required on projects of $30,000 or more . Provisions in Sections 1777.5 of the California Labor Code fixes responsibility of compliance with that section for all apprenticeable occupations with the Contractor. Section 1777.5 p rovides that the Contractor and every Subcontractor shall submit contract award information to the applicable joint apprenticeship committee. One apprentice hour for every five journeymen hours worked is the minimum State requirement applicable to each apprenticeable trade. Section 1777.7 of said Labor Code provides that the Contractor shall forfeit as a civil penalty the sum of one hundred dollars ($100.00) for each calendar day of noncompliance with provision of said Section 1777.5.

The Contractor will observe all applicable health and safety requirements, including, but not limited to the California and Federal Occupational Safety and Health Acts. The Contractor shall submit for review by the City a Site Specific Health and Safety Plan prior to the commencement of construction activities. This Plan shall meet or exceed the requirements of 29 CFR 1910.120.

5-3.2 Prevailing Wages. - Add the following paragraphs:

Contractors are hereby notified that pursuant to Section 1770 of the Labor Code of the Sta te of California, the City Council of the City of Redlands, California, by Resolution No. 2326, has ascertained the general prevailing rate of hourly wages and rates for legal holidays and overtime work in the locality where this work is to be performed, for each craft or type of workman or mechanic needed to execute the Contract which will be awarded to the successful Bidder. The Contractor shall comply with Sections 1770 to 1780 inclusive of the Labor Code and Master Labor Agreement of Southern California.

The Contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this Contract in full less legally required deductions and also deductions made pursuant to the regulations prescribed under the so-called “Kick- Back Statute” (48 Sta. 948; U.S.C. 875; 40 U.S.C. 276c).

In accordance with Section 1775 of the California Labor code, Contractor shall forfeit to City, as a penalty, a minimum of $40 for each day, or portion thereof, and a maximum of $200 for each day, or portion thereof, for each worker paid, either by Contractor, or any subcontractor, less than the prevailing rates as determined by the Director of the California Department of Industrial Relations for the work.

Contractor further agrees to fully comply with all applicable provisions of the California Labor Code including but not limited to Sections 1771, 1775, 1776, 1777.5, 1813 and 1815. Failure to abide by prevailing wages and laws by Contractor will be enforced.

The Contractor or subcontractor shall, as a penalty, to the State or political subdivision on whose behalf the contract is made or awarded forfeit twenty-five ($25) dollars for each worker employed in the execution of the contract by the respective contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any calendar day and 40 hours in any calendar work in violation of Labor Code section 1813.

5-3.3 Payroll Records. – Delete and replace with the following:

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The contractor and subcontractors shall submit electronic certified payroll on a weekly basis to the City of Redlands through LCPtracker. LCPtracker is a web -based labor compliance management system. The Prime Contractor and Subcontractors and lower-tier Subcontractors will receive an email from LCPtracker providing their log-on identification and temporary password. The Contractors will need to follow the instructions in the email to set -up their permanent password and activate their account. Once their account is setup, LCPtracker Inc. provides either computer based or web based training. Training can be accessed via the “Book Now” button located under the “Projects” tab. The prime contractor shall submit their certified payroll, along with any subcontractor who is performing any labor, on a weekly basis. The prime contractor is responsible for all communication with their subcontractors and shall submit their subcontractor’s certified payroll as part of their weekly payroll packet. All labor compliance correspondence and submissions will be made through the LCPtracker software.

All certified payroll shall be submitted no later than 7 days from the close of the pay period. The payroll records shall set out accurately and completely the name, social security number, classification and hourly wage rate of each employee, hours worked by employee during the payroll period and a full weekly wages and the actual weekly wages paid to the employee. Such certified payroll records shall be made available at all time for inspection by the City, the Department of Industrial Relations, the Department of Labor or authorized representatives within ten days of request. The contractor and subcontractor shall preserve weekly payroll records for a period of three (3) years from the date of completion of the Contract. In case on noncompliance with said Section 1776 and after a ten-day period following receipt of written notice, the Contractor shall forfeit to the California Department of Industrial Relations one hundred dollars ($100.00) for each calendar day or portion thereof, for each worker in non-compliance, until compliance is effectuated.

In order to meet labor compliance requirements, all contractors will be required to complete eDocuments which are accessed, submitted and approved through LCPtracker. All eDocuments are required to be signed by an owner/officer or authorized signer. The Prime Contractor and each Subcontractor and every lower-tier Subcontractor and any Vendors subject to this provision shall comply with Title 8, Section 16404 of the California Code of Regulations.

A Fringe Benefit Statement shall be submitted with the first payroll and is required for both the prime contractor and any subcontractors. A new Fringe Benefit Statement will be required when general determinations are issued in February and August. Please refer to the DIR website for additional details. Any weeks where no work was performed must be represented by the submittal of a Statement of Non-Performance covering the 7 day pay period where no hours were worked on the site. Final payroll on the project should state “Final” on the certified payroll, and must be marked as such in the LCPtracker system.

Failure by the Contractor to comply with the aforementioned requirements shall result in withheld progress payments until such time certified payroll documents have been received, reviewed, and accepted by the City. The City reserves the right to seek assistance from the State Department of Industrial Relations in determining the acceptability of certified payroll submittals before release of withheld progress payments. Prior to the release of retention monies, all certified payroll must be submitted on the project and any outstanding issues that may have occurred throughout the project must be resolved.

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5-4 INSURANCE. - Delete Section 5-4.1, Section 5-4.2 and replace with the following:

Contractor shall furnish the City with the customary Certificates of Insurance for all required insurance listed below. General Liability Insurance shall name the City and the Consultant, as an additional insured and shall be primary and non -contributing to any insu rance or self -insurance maintained by the City. All liability insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policies for any reason what soever, the City shall be notified by registered mail, return receipt requested, giving sufficient time before the date thereof to comply with any applicable law or statute, but in no event less than forty five (45) days before expiration or cancellation is effective.

TIER 1 DESIGNATED INSURANCE REQUIREMENTS
a. Commercial General Liability
➢ $1 Million Per Occurrence/ $2 Million Aggregate
▪ City listed as an Additional Insured on the coverage
▪ Coverage is primary and non-contributory
CONTRACTED OPERATIONS DESIGNATED AS TIER 1
Air Conditioning (HVAC)
Systems (installation)
Electric Light or Power Line
Construction Pipeline Construction
Airport Runways (paving,
repaving, etc.) Elevator Work Roofing
Blasting Operations Excavation Sandblasting
Bridge or Elevated Highway
Construction
Fire Suppression Systems
(installation)
Sewer and Water Main
Construction
Buildings Structural Work
(including elevators)
Gas Mains or Connections
Construction Sign Erection (streets)
Building Structure (raising or
moving) Geophysical Exploration Solar Energy
Cable Installation in Conduits and
Conduit Construction (streets) Grading of Land Street Cleaning Caisson or Cofferdam Work Hazardous Materials Contractors Street or Road Construction Dam or Reservoir Construction Irrigation or Drainage
Construction
Tank Construction, Installation,
Erection or Repair
Demolition (structures) Landscape Construction (street or street medians)
Telephone or Cable Line
Construction
Drilling Painting (exterior greater than
single story)
Tree Pruning, Dusting, Spraying
or Removal
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▪ If scope of work is within 50 feet of any railroad, endorsement citing inclusion of liability associated with this work is required
▪ If any policy forms of endorsements are cited to grant extension of coverage, they must be included with the Certificate of Insurance submission

CONTRACTED OPERATIONS DESIGNATED AS TIER 2
Air Conditioning (HVAC) Systems
(service and repair) Carpentry (building interiors) Fire Suppression Systems (service and repair)
Alarms and Alarm Systems Communications Equipment
Installation (interior) Landscape Construction
Building Interior Work (service,
repair and non-structural
remodeling)
Driveway, Parking Area or
Sidewalk (paving or repaving) Painting (exterior)
Cable Installation in Conduits
(buildings) Fence Erection All Other Job Types including Vendors
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d. Pollution Policy (Hazardous Materials) [If Applicable] ➢ Required of Projects that involve Demolition and/or Excavation Activities ➢ $1 Million Per Occurrence/ $2 Million Aggregate
➢ City listed as an Additional Insured on the coverage
Contractor expressly waives all rights to subrogation against the City, its officers, employees and volunteers for losses arising from w ork performed by Contractor for City by expressly waiving Contractor’s immunity for injuries to Contractor’s employees and agrees that the obligation to indemnify, defend and hold harmless provided for in this Agreement extend to any claim brought by or on behalf of any employee of Contractor. This waiver is mutually negotiated by the parties. This shall not apply to any damage resulting from the sole negligence of City, its agents and employees.

To the extent any of the damages referenced herein were caused by or resulted from the concurrent negligence of City, its agents or employees, the obligations provided herein to indemnify, defend and hold harmless are valid and enforceable only to the extent of the negligence of contractor, its officers, agents and employees.

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Subcontractors. The prime contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements from each subcontractor.

The Contractor shall give personal attention to this work which is sublet. Nothing contained in the contract documents shall create any contractual relation between any subcontractor and the City.

5-4.3 Worker’s Compensation Insurance. - Delete and replace with the following:

A. Contractor shall have worker’s compensation and employer’s liability insurance in force throughout the duration of the contract in an amount which meets the statutory requirement with an insurance carrier acceptable to the City. The insurance policy shall include a provision prohibiting cancellation of said policy except upon forty-five (45) days prior written notice to City. Certificates of Insurance shall be delivered to the City at the time of the Contractors’ execution of the agreement.

B. Contractor expressly waives all rights to subrogation against the City, its officers, employees and volunteers for losses arising from work performed by Contractor for City by expressly waiving Contractor’s immunity for injuries to Contractor’s employees and agrees that the obligation to indemnify, defend and hold harmless provided for in this Agreement extend to any claim brought by or on behalf of any employee of Contractor. This waiver is mutually negotiated by the parties. This shall not apply to any damage resulting from the sole negligence of City, its agents and employees. To the extent any of the damages referenced herein were caused by or resulted from the concurrent negligence of City, its agents or employees, the obligations provided herein to indemnify, defend and hold harmless are valid and enforceable only to the extent of the negligence of contractor, its officers, agents and employees.

5-6 PATENT FEES OR ROYALTIES. Delete and replace with the following:

The Contractor shall include in its Bid the patent fees or royalties on any patented article or process which may be furnished or used in the Work. The Contractor shall indemnify and hold the City Redlans Regular Meeting of 09-05-2023
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harmless from any legal action that may be brought for infringement of patents. The Contractor’s attention is directed to “Notice of Patents, Data, and Copyright Regulations” of the Federal Labor Standards.

The Contractor shall bear all costs arising from the use of patented goods and/or processes used on and/or incorporated into the Work. When use of these goods and/or processes is judged to be an infringement and the use is banned, the Contractor, at its own expense, shall, with concurrence of the Engineer, do one of the following:

A. Secure for the City the right to continue using goods and/or processes by suspension of the injunction or by procuring a license(s);

B. Replace said goods and/or processes with non-infringing goods and/or processes;

C. Modify said goods and/or processes so that they become non-infringing; or

D. Remove said goods and/or processes and refund the sum paid therefore without prejudice to any other rights of the City.

The preceding shall not apply to any goods manufactured to the detailed design of the City contained in the Contract Documents.

5-7 SAFETY.

5-7.1 Work Site Safety.

5-7.1.1 General. - Amend the following:

Add the following sentences to paragraph 1:

Should watering be the sole method utilized for roadway dust abatement purposes, the maximum time interval that shall elapse between applications thereof shall be no greater than 3 hours during normal working day, supplemented by an additional application thereof immediately prior to the conclusion of the workday and at such other times as may be required, including evenings, weekends and holidays as required by the Engineer. Should the Contractor be unable to furnish dust abatement as specified, the City may perform or cause to be performed the necessary service, the expense of which will be deducted from the payment due the Contractor.

Add the following paragraphs:

To insure the protection of storm drain inlets, Best Management Practices (BMPs) shall be employed during cleanup and dust control operations. Refer to Section 7-8.6.

Compliance with this section is of extreme importance to the City and its citizens. The City may fine the Contractor $1,000 per incident if there are issues with dust, mud, unused equipment or materials and rubbish within the construction area that result in citizen complaints. A 24 hour notice shall be issued to the Contractor and failure to correct the problems will result in the fine being levied. This fine will be in addition to those fines potentially charged for NPDES violations.

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5-8 AIR POLLUTION CONTROL.

Dust control shall be performed in accordance with Subsection 7-8 of the Standard Specifications, South Coast Air Quality Management District (SCAQMD) Rule 403, the general Provisions and the following Provision.

Dust resulting from the Contractor’s performance of the work, either inside or outside, the right-of- way shall be controlled by the Contractor. Dust control includes the action necessary to prevent, reduce or control dust within the work area as required to complete the work. The Contractor shall carry out proper and efficient measures to prevent his operations from producing dust in amounts damaging to property or causing a nuisance, or harm to persons living nearby or occupying buildings in the vicinity of the work. The Contractor shall control dust 24 hours a day, seven days a week. The methods to be used for controlling dust in the construction area and along haul roads shall be approved by the Engineer prior to starting any work. The Rule 403 Implementation Handbook published by the SCAQMD, contains a detailed listing of reasonably available dust control measures.

Dust control ordered by the Engineer to be applied on Saturdays, Sundays or holidays will be included in the Contract price for dust control and no additional compensation will be allowed therefore.

The full compensation for all direct and indirect costs incurred for work performed or materials used to control dust resulting from the Contractor’s performance of the work and caused by public traffic, either inside or outside the right-of-way shall be considered as included in the Contract prices paid for the various items of work involved and no additional compensation will be allowed therefore.

5-9 STORAGE OF EQUIPMENT AND MATERIALS.

The Contractor shall be required to provide and maintain as necess ary, any additional property required for storage of equipment, materials, etc., to perform work on this project. Should the additional property be located within the city limits of the City of Redlands, the Contractor shall obtain written approval from the City of Redlands Development Services Department and comply with all conditions set therein prior to use. When private property is used for a yard area, the Contractor shall also secure written authorization from the private property owner and supply a copy of such to the City before any monthly progress payment is submitted. Contractor to propose designated areas of the project site, upon approval by the Engineer, suitable for material delivery, storage, and waste collection.

The Contractor shall ensure the construction yard adheres to all local, State and Federal regulations, ordinances, codes and maintained in a neat and orderly manner throughout the duration of the project.

The contractor shall include the construction yard in the Erosion Control Plan or SWPPP and shall be inspected and approved prior to use of the yard. If at any time during the project the location of the construction yard changes from the approved site, the City shall be notified prior to relocation for inspection and approval. Should the Contractor fail to comply with these conditions, the Engineer may suspend the work per SSPWC section 6-3 until the condition is corrected.

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At the end of the project or as required, the Contractor shall: clean up and remove all trash and debris, including all organic trash and debris; clean up and remove all hazardous and biochemical wastes from the property to the satisfaction of the agency (City, County, State, or Federal) charged with overseeing these items; and provide to the City a written release from the private property owner that they are satisfied with all clean up and removal work.

5-9.1 Storage in Public Streets.

Construction materials and equipment shall not be stored within public streets or right of way without prior approval from the City. In order to seek approval, Contractor shall submit a location map with all equipment or materials identified including size, duration and any BMP’s installed and provide at least 7 days for review by the City.

5-10 WATER POLLUTION CONTROL.

The Contractor shall follow the City's guidelines for Storm Water Pollution Prevention in providing storm water pollution control at the project site, including the implementation of approved Erosion/Sediment Control Plans during construction as well as the implementation of approved Water Quality Management Plans.

Construction activities disturbing 1 acre or more of land shall comply with the State Water Resources Control Board’s NPDES General Construction Storm Water Permit. A copy of the Notice of Intent (NOI) to include the Waste Discharge Identification (WDID) number shall be submitted as part of the Storm Water Pollution Prevention Plan (SWPPP) to the Engineer for review. Call (909) 782 - 4130 for NOI/WDID information.

All projects requiring grading shall submit to the City for review and approval an Erosion/Sediment Control Plan and a Grading Plan. Permit(s) will not be issued until plans are approved and may be revoked if work required in these specifications are not complied with.

Construction sites shall be maintained by implementation of BMPs in such manner that pollutants are not discharged from the site to the maximum extent practicable. A few references available to help with selection and implementation of applicable BMPs are:

1. California Storm Water Best Management Practice Handbook, American Public Works Association, March 1993;

2. The Construction Site Best Management Practices Manual, November 2000;

3. Storm Water Pollution Prevention Plan and Water Pollution Control Pr ogram Preparation Manual, November 2000;

4. California Regional Water Quality Control Board’s San Francisco Bay Region, Guidelines for Construction Projects; and

5. California Regional Water Quality Control Board’s San Francisco Bay Region, Erosion and Sediment Control Field Manual, July 1999.

All discharges into the storm drain system are prohibited except for potable water, properly treated discharge, and those discharges specifically approved by the Engineer. The following are some of the prohibited discharges:

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1. Discharges that could have an impact on human health or the environment, cause or threaten to cause pollution, contamination, or nuisance;

2. Discharges that exceed any applicable water quality standard contained in a statewide Water Quality Control Plan or local Basin Plan; and

3. Discharges containing hazardous substances equal to or in excess of a reportable quantity listed in Federal regulations 40 CFR, Parts 117 and 302.

Materials that can cause or contribute to pollution or a violati on of any applicable water quality standard include, but are not limited to: sediments; solid or liquid chemical spills; wastes from paints, stains, sealants, glues, limes, pesticides or herbicides and wood preservatives or solvents; asbestos fibers, paint flakes or stucco fragments; fuels, oils, lubricants or hydraulic, radiator and battery fluids; fertilizers; vehicle and equipment wash water or concrete wash water; concrete, detergent or floatable wastes; wastes from any engine and equipment steam cleani ng or chemical degreasing; and chlorinated potable water line flushings.

Unless exempted or authorized by an NPDES permit, all non-storm water discharges require prior approval by the Engineer or the State Water Resources Control Board with Engineer approval.

During construction, temporary storage of such materials as identified above, must occur in a designated area physically separated from potential storm water runoff, with ultimate disposal in accordance with local, state and federal requirements.

De-watering of contaminated groundwater or discharging contaminated soils via surface erosion is prohibited.

Unless indicated otherwise by the Engineer, all projects, regardless of size, shall submit for review and approval, a Water Quality Management Plan (WQMP) . The WQMP shall consist of post construction BMPs which shall remain in effect throughout the life of the facility. Refer to WQMP guidelines.

5-11 TEMPORARY LIGHTS, POWER AND WATER.

Any water drawn from a City fire hydrant shall be via a City owned water meter. Said meter may be obtained from the Municipal Utilities & Engineering Department. Contractor is responsible for payment of a $1200 deposit fee. Said meter shall be returned in a condition like received, less normal wear and tear. All meters are loaned subject to the conditions of the Fire Hydrant Construction Meter Water Service Application. Contractor must provide proposed location of meter and notify Customer Service at (909) 798-7516 each time the meter is relocated during construction. Water reasonably used in connection with the construction contract will be provided at no cost to the Contractor. Water use determined to be wasteful or unreasonable will be charged for at the prevailing rate.

5-12 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS.

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The Contractor shall relocate, re-establish, repair or replace all existing improvements within the work limits or right-of-way which are not designated for removal (e.g., sprinkler systems, curbs, sidewalks, driveways, fences, walls, signs, utility installations, pavement, structures, etc.) which are damaged or removed as a result of its operations.

Relocations, re -establishments, repairs and replacements shall be at least equal to existing improvements and shall match them in finish and dimension.

All costs to the Contractor for protecting, removing, restoring, relocating, repairing, replacing or re- establishing existing improvements shall be included in the Bid.

The Contractor shall be responsible for the maintenance of the streets and roadways to be used by public and local traffic through and adjacent to the construction zone, from the date of "Notice to Proceed" until the date of acceptance of the completed construction improvements.

Street maintenance shall include filling of potholes, grading of subgrade and base, replacing signs, installing interim pavement striping and markers on the project streets and other side streets within the construction zone. Street maintenance shall also include sweeping and washing of stree ts, adjacent and connected to the construction zone on a weekly, or more frequent schedule, to prevent the accumulation of dust, dirt, gravel or other deleterious materials, all as necessary to maintain the construction roadways and adjacent streets in a safe, clean and drivable condition for use by public and local traffic.

Upon request from the City for information pertaining to a claim against the contractor, contractor shall provide a written/email response, including all requested information, within 14 calendar days of City’s request. If a response with all requested information is not provided to the City within 14 calendar days, a penalty of $500 per calendar day will be assessed to the Contractor by the City.

5-13 PUBLIC CONVENIENCE AND SAFETY.

5-13.1 General.

The Contractor may be allowed to close the roadway, or a portion thereof, to traffic during normal work hours upon approval from the Engineer. During any closure, the Contractor shall allow access for residents, schools, trash service trucks, churches and businesses within the affected portion of roadway, except as required for construction for a reasonable period of time. The Contractor shall notify residents as noted within Section 5-18.

The Contractor shall provide and install barricades, delineators, warning devices and construction signs in accordance with the Work Area Traffic Control Handbook (WATCH) prepared by the Southern California Chapter of the American Public Works Association. During adverse weather or unusual traffic or working conditions additional devices shall be placed as directed by the engineer.

All traffic signs and devices shall conform to the current State of California, Department of Transportation (CALTRANS), "Manual of Warning Signs, Lights, and Devices for Use in Performance of Work upon Highways", unless otherwise approved by the Engineer.

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Fences, barriers, lights and signs shall be furnished, erected and maintained as necessary to give an adequate warning to the public at all times that the w ork is under construction and of dangerous conditions to be encountered as a result thereof, and warning and directional signs shall also be erected and maintained as may be required by the City. Should the Contractor fail to furnish a sufficient number of traffic and/or pedestrian safety devices within three (3) hours after being notified, the Owner will place such necessary items and the Contractor shall be liable to the Owner for providing such devices in accordance with the following provisions:

1. For placing of barricades - $15.00 per barricade for each day or part thereof.

For flashers - $15.00 per flasher for each day or part thereof.

For traffic cones - $7.50 per cone for each day or part thereof.

2. In the event that the services of the Owner are required outside the normal working hours and/or days or items not noted above are furnished by the City, all costs incurred by the City shall be the responsibility of the Contractor.

The Contractor shall relocate, preserve and maintain the visibility of all signs within the project limits which affect the flow of traffic, as directed by the engineer. Any signs that are missing or found damaged shall be replaced immediately by the Contractor at his expense.

The Contractor shall provide and maintain Class II barricades along excavation edges parallel to the flow of traffic at a spacing of twenty-five feet (25'). Class II barricades mounted with flashers shall be installed around work areas in parkways. Class II barricades shall have alternating black and reflectorized white (or yellow) stripes at an angle of 45 degrees. The stripe with shall be four to six inches.

During paving operations barricades may be supplemented with minimum size eighteen-inch (18") high traffic cones and delineators such that spacing between barricades and/or cones or delineators is no greater than twenty-five feet (25"). At all access points such as intersecting streets, alleys and driveways, barricades and/or cones shall be provided at five -foot (5') intervals so as to prevent vehicular access to the paving area. Where access from an intersecting street is prohibited, a "Road Closed" sign shall be provided. "No Left Turn" sign shall be provided wherever required by the Engineer.

Clearances from traffic lanes shall be 5 feet to the edge of any excavation and 2 feet to the face of any curb, pole, barricade, delineator or other vertical obstruction.

A 4 foot wide pedestrian walkway shall be maintained in the parkway area on each side of all streets, unless otherwise authorized by the Engineer. The minimum clearance from: the edge of pedestrian walkways to any traffic l ane shall be 5 feet; the edge of pedestrian walkway s to any work zone shall be 3 feet; and the surface of pedestrian walkways to any over head obstruction shall be 7 feet.

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The Contractor shall, at the end of each work day, have backfilled, compacted and placed a temporary drivable roadway surface on all work areas within traveled roadways prior to leaving the job site. Failure to comply to the satisfaction of the Engineer shall result in immediate correction by City forces, and all costs shall be borne by the Contractor.

Traffic control devices shall be marked with the Contractor’s name as appropriate. At no time shall any traffic control devices marked with companies or agencies other than the Contractor or subcontractors, be utilized within the work area.

All said traffic controls and safety devices shall be maintained in clean condition, with any and all graffiti removed by the end of workday on which the graffiti was first reported to the Contractor.

If the traffic control devices are deemed unacceptable by the Engineer due to being damaged, dirty, or marked incorrectly, the Contractor shall replace the traffic control devices immediately. Should the Contractor fail to furnish traffic control devices within three (3) hours after being notified, the Owner will place such necessary items and the Contractor shall be liable to the Owner for providing such devices in accordance with the provisions above.

5-13.1.1 Vehicular Access.

At such times as driveways are inaccessible due to the Contractor's work they shall be blocked by two (2) Class II barricades or one (1) Class II barricades and two (2) delineators. Driveways that are ramped or planked for temporary access shall be provided with a delineator at each side.

5-13.1.2 Signage. The Contractor shall furnish, erect and maintain all construction traffic signage as required and specified.

All construction traffic signage shall be in place prior to commencing any work, placed as needed during construction, moved as necessary and removed only upon completion of all work.

All construction traffic signage and controls shall comply with the State of California Manual of Traffic Controls, Warning Signs, Lights and Devices for use in Performance of Work Upon Highways. All construction traffic signage used in the performance of the work shall be a minimum of the encapsulated lens (high intensity) type. All traffic controls and safety devices, equipment and materials, including but not limited to cones, channelizers, delineators, flashing warning lights, barricades, high level warning devices, telescoping flag trees, flags, signs, markers, portable barriers, flashing arrow signs, changeable message signs, markings and flagging equipment shall be provided and maintained in like new condition.

When a Traffic Signal is constructed as a part of the project, the Contractor shall place and maintain for one calendar month, a message board for each approach leg to a new traffic signal. The message board shall read “CAUTION - NEW TRAFFIC SIGNAL”. The one month period shall begin from the day of activation. This requirement may be lessened or waived, on a case-by-case basis, by the Engineer.

The Contractor shall furnish and properly install, construct, erect, use and continuously inspect and maintain, twenty-four (24) hours per day, seven (7) days per week, including holidays, all said Redlans Regular Meeting of 09-05-2023
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devices, equipment and materials and all temporary and permanent pedestrian and driving surfaces as necessary to provide for the safety and convenience of, and to properly warn, guide, control, regulate, channelize and protect the vehicular traffic, pedestrian traffic, project workers, and the public throughout the entire limits of the work activity and beyond said limits as necessary to include areas affecting or affected by the work, from the date of notice to proceed to the completion and acceptance of the work. Any corrective work required to be performed by City forces shall be charged to the Contractor and paid in full before release of any bonds on the project.

All traffic cone s shall be no less than 28 inches in height, exc ept that shorter cones, 12 inches minimum height, may be permitted during striping maintenance operations where the only function of the cone is to separate traffic from the wet paint. All barricades used to delineate traffic at night or placed in or adjacent to the traveled roadway at night, shall be equipped with flashing warning lights.

Channelizers shall be required when lane restrictions, detours or other work conditions need to be maintained for periods longer than normal work hours. Channelizers shall be surface -mounted type and shall be furnished, placed and maintained at the locations shown on the plans or as approved by the Engineer and shall conform to these specifications. Channelizers shall be, at the Contractor’s option, one of the following types, or approved equal: (1) Safe -Hit SH236SMA; (2) Repo “The Replaceable Post”; or (3) Carsonite, “Super Duck” SDF-436.SDF-436.

5-13.2 Traffic Control Plan
The Contractor shall provide a Traffic Control Plan to the agency for approval prior to the scheduled commencement of work. Comments and corrections shall be returned to the Contractor within five (5) working days.

The Contractor shall be required to maintain one lane in each direction when working on the roadway.

Access to schools, businesses, etc. shall be maintained as necessary for their operations. If closures are authorized by the Engineer, all detour signage shall be installed prior to closure o f specified portion of roadway(s), and shall be maintained during closure.

The Contractor shall make provision to allow pedestrians full access across work areas at existing crosswalks, while working within those areas.

Traffic controls, including but not limited to vehicular and pedestrian traffic controls, maintenance of vehicular and pedestrian access, detours, and street closures shall be in accordance with Subsection 7-1, of the current edition of the "Standard Specifications for Public Works Construction," including all its subsequent amendments, and the current edition of the "Work Area Traffic Control Handbook."

Traffic control and the Traffic Control Plan shall conform to the following:

a. All major streets shall remain open to through-traffic at all times, residential street will be closed to traffic only as long as it takes for material application and drying time.

b. The Traffic Control Plan shall indicate the traffic control requirements for the different types of work to be performed. The Contractor shall be Redlans Regular Meeting of 09-05-2023
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responsible for the preparation of Plans as necessary for specific items of work. These Plans shall be approved by the City's Engineer.

c. All traffic controls and safety devices, equipment and materials, including but not limited to cones, delineators, flashing warning lights, barricades, high level warning devices (flag trees), flags, signs, markers, portable barriers, flashing arrow signs, markings, and flagging equipment shall be provided and maintained in "like new" condition.

d. The Contractor shall furnish and properly install, construct, erect, use, and continuously inspect and maintain, twenty -four (24) hours per day, seven (7) days per week, all said devices, equipment and materials and all temporary and permanent pedestria n and driving surfaces as necessary to provide for the safety and convenience of, and to properly warn, guide, control, regulate, channelize and protect the vehicular traffic, pedestrian traffic, project workers, and the public throughout the entire limits of the work activity and beyond said limits as necessary to include area affecting or affected by the work, from the start of work to the completion of the work.

In the event the slurry and cape seal ravels, a "loose gravel" (C6) sign shall be placed to adequately warn the public.

e. High-level warning devices (flag trees) are required at all times for any work being performed within the roadway unless otherwise specifically authorized by the City's Engineer.

f. All barricades shall be equipped with flashing warning lights, and all traffic cones shall be no less than twenty -eight inches (28") in height, except that shorter cones, twelve inches (12") high or higher, may be used during striping maintenance operations where the only function of the cones is to protect the wet paint from the traffic.

g. Type III barricades, no less than six feet (6') in length and equipped with two (2) Type "N" markers each and two (2) flashing warning lights each, shall be used to close streets, except as otherwise specifically authorized in advance by the City's Engineer for minor maintenance work of no more than one (1) working days duration on weekdays, or on holidays only, and between 8:00 a.m. and 3:30 p.m. only. Said barricades shall be placed across the full roadway at each point of closure with the distance between barricades or between barricades and curbs, not exceeding three feet (3'), except that one (1) eleven -foot (11')-wide gap between barricades shall be provided at the center of the street. Barricades to th e right of the street's center, facing the inbound vehicular traffic, shall also be equipped with one (1) Type C2 "Road Closed" sign each or one (1) Type C3A "Road Closed to Thru Traffic" sign each.

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h. Except for residential streets, as otherwise directed and/or authorized by the City's Engineer, two-way vehicular traffic shall be maintained at all times within two (2) eleven foot (11') -wide lanes on streets, having an effective roadway width of forty-four feet (44') or more with restricted parking, and other streets of lesser widths may be reduced to one (1) twelve -foot (12') wide lane with work activity being limited to one side at a time, and with one-way vehicular traffic being maintained at all times by properly trained and experienced flaggers.

No reduction of the traveled way width shall be permitted on any City street before 8:00 a.m. nor after 3:30 p.m., on weekends or holidays, or when active work is not being done, unless prior authorization to do so is granted by the City's Engineer.

Arrow boards shall be required for all lane closures on major streets.

i. Properly trained and experienced flaggers shall be provided to traffic when said traffic is to be interrupted, when two -way traffic is to be reduced to one-way traffic, and at such other times as is necessary to safely pass the traffic through or around the work area, and when so directed by the City's Engineer.

j. Vehicular access to occupied residential property may be restricted on weekdays other than holidays between the hours of 8:00 a.m. to 3:30 p.m. while essential work activity is taking place, with specific prior written approval from the City's Engineer, providing the Contractor gives the owner and/or resident at least forty -eight (48) -hour advance written and oral notice. See Part 2, "Notification of Residents," herein.

Convenient and safe pedestrian access to occupied residential property shall be maintained at all times. Access to mailboxes must be maintained at all time, such that the postal delivery service is not interrupted.

Access to vacant and unused property may be restricted at the Engineer's discretion. Both vehicular and pedestrian access shall be maintained at all times to all other property except as otherwise specifically authorized in writing by the City's Engineer.

k. Any traffic control and safety devices and equipment being used which becomes damaged, destroyed, faded, soiled, misplaced, worn out, inoperative, lost, or stolen shall be promptly repaired refurbished and/or replaced, and any traffic control and safety devices and equipment being used which are displaced or not in an upright position from any cause, shall be promptly returned or restored to their proper position.

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l. An unobstructed view of all signs and warning devices including but not limited to stop signs, stop ahead signs, street names signs, and other regulatory, warning and construction signs, markers, and warning devices shall be maintained at all times. No trucks or other equipment or materials shall be stopped, parked, or otherwise p laced so as to obscure said signs, markers, and devices from the view of vehicular and/or pedestrian traffic to which it applies.

m. When entering or leaving roadways carrying public traffic, the Contractor's equipment, whether empty or loaded, shall yield to said public traffic at all times, except where the traffic is being controlled by police officers, fire officers, properly trained and experienced flaggers, or at traffic signalized intersections.

n. Stockpiling and/or storage of materials on any public right -of-way or parking areas will not be allowed without specific permission of the Engineer. Materials spilled along or on said right-of-way or parking areas shall be removed completely and promptly. All stockpile and/or storage areas shall be kept in a safe, neat, clean, and orderly fashion, and shall be restored to equal or better than original condition upon completion of the work.

o. Where vehicular access to abutting property must be restricted, the work shall be so selected, arranged, and scheduled that the person(s) requiring access to said abutting property and/or residents along said streets affected will be able to park within a reasonable distance of not more than five hundred feet (500') from their homes and/or destination. Residents must be supplied written notice of such restrictions a minimum of 48 hours in advance.

p. When work has been completed on a particular street or has been suspended or rescheduled, and said street is to be opened to vehicular traffic, all equipment, "NO PARKING" signs, other obstructions, and unnecessary traffic control devices and equipment shall be promptly removed from that street except as otherwise authorized or directed by the City's Engineer.

q. Should the Contractor be neglectful, negligent, or refuse, fail, or otherwise be unavailable to promptly, satisfactorily, and fully comply with the provisions specified and referred to hereinabove, the City reserves the right to correct and/or mitigate any situation, which in the sole opinion of the City's Engineer constitutes a serious deficiency and/or serious case of noncompliance, by any means at its disposal at the Contractor's and/or permittee's expense, and will deduct the cost therefore from the Contractor's progress and/or final payment. Such corrective action taken by the City shall not reduce or abrogate the Contractor's legal obligations and liability for proper traffic control and safety measures, and shall not serve to transfer Redlans Regular Meeting of 09-05-2023
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said obligations and liabilities from the Contractor to the City or the City's agents.

r. Violations of any of the above Provisions and/or Provisions of the referenced publications, unless promptly and completely corrected to the satisfaction of the City's Engineer, shall at the sole discretion of the City, be grounds for termination of the Con tract, or shut down or partial shutdown of the work, without compensation to the Contractor and/or permittee, or liability to the City, all as prescribed by Contractual obligation or State law, whichever is applicable.

Full compensation for furnishing all labor, materials, tools, equipment, flaggers, lights, channelizers (surface mounted), temporary striping, barricades, portable flashing lights, flashing arrow signs, traffic control and detour plan, and incidentals required to comply with the provisions specified and referred to herein above, to provide all required traffic and pedestrian control for the duration of this contract, all as shown and as specified, shall be paid as specified in Section 01200 of the General Requirements and no other compensation shall be made therefore.

5-13.3 Edison Energized Conductors. The Contractor hereby promises and agrees that in the performance of the Work, he will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to Edison's secondary, primary and transmission facilities. The term "qualified person" is defined as follows:

"Qualified Person". A person by reason of experience or instruction is familiar with the operation to be performed and hazards involved.

Contractor further promises and agrees that the provisions of this paragraph shall be and are binding upon any Subcontractor or Subcontractors that may be retained by it, and that the Contractor shall take such steps as are necessary to insure compliance by said Subcontractor or Subcontractors with the requirements of this paragraph.

5-14 CONTRACTOR’S RESPONSIBILITY FOR DAMAGE.

5-14.1 Responsibility for Damage. The Contractor agrees to and does hereby indemnify, defend and hold harmless the City, its elected officials and the Consultant and their officers, agents and employees from every claim or demand made, and every liability, loss, damage, or expense of any nature whatsoever, including attorney's fees and costs, which may be incurred by reason of:

(a) Liability for damages for (1) death or bodily injury to persons, (2) injury to loss or theft of property, (3) any other loss, damage or expense arising under either (1) or (2) above, sustained by the Contractor or any person, firm or corporation employed by the contractor upon or in connection with the work called for in this agreement, except for the liability resulting from the sole negligence or willful misconduct of the City, its elected officials and their officers, employees and agents who are directly employed by the City and the Consultant; and

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(b) any injury to or death of persons or damage to property caused by any fault, neglect, default or omission of the Contractor, or any person, firm or corporation employed by the Contractor, either directly or by independent contract, including all damages due to loss or theft, sustained by any person, firm or corporation, including the City, arising out of, or in any way connected with the work covered by this agreement, whether said injury or damage occurs either on or off City property, provided that any of the foregoing (1) is attributable to personal injury, bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the work itself), including the loss of use resulting there from, and (2) is caused in whole or in part by any act or omission of the Contractor, any subcontractor, any supplier, anyone directly or indirectly employed by any of them or anyone for whose act or omissions any of them may be liable, regardless of whether or not caused in part by any act or omission (active, passive, or comparative negligence included, excepting the active negligence of the District) of a party indemnified hereunder.

(c) The Contractor, at its own expense, cost, and risk shall defend any and all actions, suits or other proceedings that may be brought or instituted against the City, its elected officials, officers, agents and employees and the Consultant, against any such claim, demand or liability, and shall pay or satisfy any judgment that may be rendered against the City, its elected officials, officers, agents or employees, in any such action, suit or other proceedings as a result thereof.

5-15 NO PERSONAL LIABILITY. Neither the City Council, the Engineer, the Consultant, nor any other officer or authorized assistant or agent shall be personally responsible for any liability arising under the contract.

5-16 CONTRACTOR'S RESPONSIBILITY FOR WORK. Except as provided above, until the formal acceptance of the Work by the City, the Contractor shall have the charge and care thereof and shall bear the risk of injury or damage to any part thereof by the action of the elements or from any other cause, whether arising from the execut ion or from the non -execution of the Work. The Contractor shall rebuild, repair, restore, and make good all injuries or damages to any portion of the work occasioned by any of the above causes before final acceptance and shall bear the expense thereof, except such injuries or damages occasioned by act of the federal government or the public enemy.

The City of Redlands shall not be held responsible for the care or protection of any material or parts of the work prior to final acceptance, except as expressly provided in these specifications.

The City shall not be responsible for security of the Contractors equipment or materials at the site.

The City will not be responsible for theft or damage to any property or materials of the Contractor.

Security for Contractor’s property shall be the responsibility of the Contractor.

5-17 WARRANTY OF WORK. The Contractor shall guarantee the Work against defective materials or workmanship for a period of (1) year from the date of completion date specified in the Notice of Completion, except where longer warranty periods are specifically stated. As specified in Section 2-4 in the GENERAL CONDITIONS, the Performance Bond shall remain in full force and effect during the warranty period.

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All work which has been rejected, shall be remedied, or removed and replaced, by the Contractor at his own expense, with work conforming to the Plans and Specifications. Any defective material or workmanship which may be discovered before final acceptance or within (1) one year from the completion date specified in the Notice of Completion shall be corrected immediately by the Contractor at his own expense notwithstanding that it may have been overlooked in previous inspections and estimates. Failure to inspect work at any stage shall not relieve the Contractor from any obligation to perform sound and reliable work as herein described. It is the Contractor's ultimate responsibility to deliver at the time of final acceptance a complete project that complies in all details with these Contract Documents. All items shall be ready to operate.

Any omission or failure on the part of the Owner to discover or notify the Contractor of or to condemn defective work or material at the time of construction shall not be deemed an accept ance, and the Contractor will be required to correct defective work or material prior to final acceptance.

The Owner will endeavor to locate any errors or defective materials or workmanship and call them to the attention of the Contractor prior to subsequent work being performed. However, the Owner is under no obligation to do so and shall not be held liable because errors or defective material or workmanship by the Contractor are not discovered prior to subsequent work.

During the (1) one year warranty period, should the Contractor fail to remedy defective material and/or workmanship, or to make replacements within five (5) days after written notice by the Owner, it is agreed that the Owner may make such repairs and replacement and the actual cost of the required labor and materials shall be chargeable to and payable by the Contractor or his Surety.

Nothing in this section shall be construed to limit the rights of the Owner to immediately correct conditions which may be unsafe or which may pose a public health nuisance. Should said conditions later be found to be caused by defective material and/or workmanship, the Contractor and his Surety shall reimburse the Owner for costs reasonably incurred while attending the situation.

In the event it is necessary for the Owner to file suit to enforce any liability of the Contractor pursuant to this sections WARRANTY OF WORK, the Owner shall be entitled to recover from the Contractor, in addition to all other amounts found due and owing, costs of suit and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the Owner in successfully enforcing the Contractor's obligations, all to be taxed as costs and included in any judgment rendered.

The warranty provided herein shall not be in lieu of, but shall be in addition to any warranties or other obligations otherwise imposed by the Contract Document or by law. The remedies provided herein shall not be exclusive and the Owner shall be entitled to any and all remedies provided by law.

5-18 NOTIFICATION OF RESIDENTS/BUSINESSES . The Contractor shall notify all residents, firms, institutions, agencies, and utility companies which may be affected by the work.

Notification shall be by hand delivery of an approved notice within the project limits approved by the City. The notification process shall consist of two notifications, one prior to the start of construction for all properties within the project area and a second notification at least seven days in advance of any activity which may impact each specific property. In the event of any work within the downtown Redlans Regular Meeting of 09-05-2023
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area, the distribution of the second notification shall be at least fourteen days in advance of any activity. Activities impacting said properties and, therefore, requiring the above said notices include the following: the work itself; closure or partial closure of the street ; and disallowance of street parking and disallowance of vehicular ingress to or egress from the property.

Said firms, institutions, agencies, and utility companies which must be notified of proposed work shall include, but are not limited to the following: public schools, private schools, day care centers, postal service, hospitals, governmental services, police department, fire department, ambulance services, Omnitrans, solid waste collection, and City street sweeping.

The proposed notice shall be submitted to the Engineer at least seven calendar days prior to the date of distribution for review and approval. The submittal shall also include a map identifying the limits of the work and proposed limits of distribution. The printed notices shall contain a general description of the work to be done, the name of the street with limits, the day and date of the work and the name and telephone number of the Contractor. The notice shall also include a statement that there will be no disruption of trash collect ion schedules and that trash should be set out by 6:00 a.m. on the scheduled day of pickup. If on-street parking will be affected the notice shall include a statement that no on-street parking will be allowed between the hours of 7:00 a.m. and 5:00 p.m. on the day of work, and a statement that it will be necessary to tow away parked vehicles at the owner's expense per California Vehicle Code CVC 22651L and CVC 22654D.

The Contractor will provide City with the dates and addresses of when project notifica tions are delivered to affected properties. City will verify the notification process is completed in compliance with the requirements of the specifications. Work will commence when City approves Contractor’s compliance with the requirements set forth in the specifications.

If on-street parking is affected, the Contractor shall also post pre-approved "NO PARKING-TOW WAY" signs on 1 x 2 wood stakes or barricades at one hundred foot (100’) maximum spacing along the affected areas of the street, 48 hours prior to the start of the work. The "NO PARKING-TOW AWAY" signs shall contain the day, date, and hours that parking will be prohibited on that particular street and a statement that parked vehicles will be towed away at owner's expense per California Vehicle Code CVC 22651L and CVC 22654D. The Contractor shall maintain said signs throughout the day of work, and shall start the removal of said signs by 4:00 p.m. and complete the removal by 6:00 p.m. on said day of work or as otherwise directed by the Engineer.

The Contractor shall document the day, date, and time the signs are installed because the no parking restriction cannot be enforced until the signs have been in place 24 hours. Posting of signs on trees, utility poles, light standards and other existing parkway improvement is strictly forbidden.

In the event of street resurfacing operations, the notices to residents shall contain a statement that the street to be resurfaced will be closed to vehicular traffic, and the suggestion that if they require the use of their vehicles on the day of the resurfacing work, they should consider parking their vehicle on a nearby street which is not scheduled for a resurfacing application.

In the event scheduled work is delayed, the Contractor shall immediately remove all "NO PARKING" signs. The contractor must notify all previously notified, in person and with printed notices, that the Redlans Regular Meeting of 09-05-2023
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work will be rescheduled and that they will be re-notified 48 hours in advance. The Contractor shall have an adequate supply of approved notifications for distribution to residents.

Full compensation for conforming to these requirements shall be considered as included in the various Contract items of work involved, and no additional compensation will be allowed therefore.

Failure to comply with this section shall result in a penalty assessment imposed of up to $10,000 per violation at the City’s discretion.

SECTION 6 – PROSECUTION AND PROGRESS OF THE WORK

6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK . - Add the following paragraph:

Contractor shall notify Underground Service Alert (USA) at 1 (800) 227-2600, two working days prior to starting work, and must submit verification number to the City prior to starting work.

6-1.2 Commencement of the Work. - Amend the second sentence as follows:
“The work shall start within 10 days thereafter, and be diligently prosecuted to completion within the Contract Time.”

6-3 TIME OF COMPLETION.

6-3.1 General. - Add the following sentence:

The time of completion of the Contract shall be expressed in consecutive calendar days.

6-4.1 General. - Add the following paragraphs:

If saturated soil is encountered during construction due to leaks in an existing utility, contractor shall remove saturated material and replace with a suitable backfill material until adequate compaction can be attained by verification from the City's Geotechnical Engineer.

Prior to any removal of saturated material, contractor shall discuss the methods of remediation with the City's representative. Approval from the City, or the City's representative, shall be obtained for any amount of saturated material removal in which the contractor anticipates to be compensated for, if approval is not obtained all costs shall be borne by the contractor.

Up to a 14 day delay in paving operations may be requested after all leaks have been resolved to provide time for excess moisture to dissipate, at no additional cost to the city, in lieu of removing and replacing the saturated soil. A no cost change order will be prepared to provide the contractor with additional contract time if such delay is requested by the City.

6-9 LIQUIDATED DAMAGES. The value of liquidated damages noted in this section is amended to five hundred dollars ($500) per calendar day.

6-10 NOTICE AND SERVICE THEREOF. Any notice required or given by one party to the other under the Contract shall be in writing and shall be dated and signed by the party giving such Redlans Regular Meeting of 09-05-2023
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notice or by duly authorized representative of such party. Any such notice shall not be effective for any purpose whatever unless served in the following manner:

Notice shall be given to the Contractor by pers onal delivery thereof to said Contractor or to his authorized representative at the project site, or by deposing the same in the United States Mail enclosed in a sealed envelope addressed to said Contractor at the address established for the conduct of work under this Contract, certified and with postage prepaid.

Notice shall be given to the Surety, or any other person, by personal delivery to said Surety or other person, or by depositing the same in the United States Mail, enclosed in a sealed envelope addressed to such Surety or persons at the address of said Surety or persons last communicated by him to the party giving the notice, certified and with postage prepaid.

Notice shall be given to the Owner by personal delivery thereof or by depositing the same in the United States Mail enclosed in a sealed envelope, certified and with postage prepaid. The address of record for the owner is:

City of Redlands
Municipal Utilities & Engineering Department
P.O. Box 3005
35 Cajon Street, Suite 15A
Redlands, CA 92373

6-11 PUBLIC RECORDS ACT. All documents, Plans, specifications and all other information relating to the conduct of the City’s business, including information submitted by the Contractor, shall become the exclusive property of the City and except as provided by law shall be deemed public records. Said information shall be subject to the provisions of the California Public Records Act (Government Code Sections 6250 et seq.).

Under no circumstances will the City be responsible or liable to the Contractor, submitter or any other party for the disclosure of any records or information submitted to the City, regardless of whether such records or information are labeled “Trade Secret”, “Confidential”, or “Proprietary” (or words to similar effect) and regardless of whether the disclosure is required by law or a court order or occurs through inadvertence, mistake, or negligence on the part of the City or its officers, employees, and/or Contractors.

The City will not advise as to the nature or content of documents entitled to protection from disclosure under the California Public Records Act, including interpretations of the Act or the definition of “Trade Secret”. The submitting party shall be solely responsible for all determinations made under the Act, and where appropriate for clearly and prominently marking each and every page or sheet of information with “Trade Secret”, “Confidential”, or “Proprietary”. Each submitting party is advised to contact its own legal counsel concerning the California Public Records Act and its applicability to the submitting party’s own circumstances.

In the event of litigation concerning the disclosure of any information submitted by the submitting party, the City’s sole involvement will be as a stakeholder, retaining the information until otherwise Redlans Regular Meeting of 09-05-2023
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ordered by a court. The submitting party, at its sole expense and risk, shall be responsible for any and all fees and costs for prosecuting or defending any action concerning the information, an d shall indemnify and hold the City harmless from all costs and expenses including attorneys’ fees, in connection with such action.

SECTION 7 - MEASUREMENT AND PAYMENT

7-3 PAYMENT.

7-3.2 Partial and Final Payment. - Delete and replace with the following:

The closure date for the purpose of making monthly progress payments shall be assigned by the Engineer during the pre -construction meeting. Payment, less deductions, unearned work and retention, will be made within 30 days of the closure date. If a dispute exists between the City and the Contractor regarding an item included in the Contractor's Monthly Progress Payment Request, progress payments will be withheld until said dispute is resolved, in which case longer period of time will be required to make such payment. No such payment shall be required to be made, when in the judgment of the Engineer, the total value of the work since the last estimate amounts to less than $500.

If, in the opinion of the Engineer, work is not progressing accordi ng to the approved schedule, payments may be withheld until the Contractor returns to the approved schedule.

Deductions will be made for: (1) amounts due the Owner for equipment or material furnished or services rendered; (2) amounts due the Owner under the terms of the Contract; (3) amounts of any claims of lien filed with the Owner; (4) accrued amounts of liquidated damages; (5) amounts required to be deducted by Federal, State or local governmental authorities. From the balance thus determined will be deducted the amounts of all previous payments, and the remainder shall constitute the monthly payment due the Contractor.

A retention of five percent (5%) will be withheld from each and every progress payment to the Contractor. This percentage will remain constant throughout the duration of the Contract. The City shall make a progress payment within thirty (30) days after receipt of an undisputed and properly submitted payment request from Contractor pursuant to Public Contract Code section 20104.50.

After completion of the work to the satisfaction of the Engineer, the Engineer shall make a final estimate of the amount of work done. The City shall pay the entire sum so found to be due after deducting there from all previous payments and all amounts to be retained under the provisions of the Contract. All prior partial estimates and payments shall be subject to correction in the final estimate and payment. The final payment shall not be due and payable until the expiration of thirty-five (35) days from and after the recordation of the Notice of Completion filed by the City.

As provided by paragraph 22300 of the California Public Contract Code, the Contractor may substitute securities for any monies withheld by the City to ensure performance under the Contract.

Substitute securities shall be deposited in a financial institution in a form acceptable to the City of Redlands. The financial institution shall be located within the City limits of the City of Redlands.

The Escrow Agreement to be used is set forth in Public Contract Code section 22300.

7-3.3 Delivered Materials. - Delete and replace with the following:

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No payment will be made for materials or equipment delivered but not yet incorporated in the work.

7-4.2.6 Extras. Without invalidating the Contract, the City may order extra work or make changes by altering, adding or deducting from the work, the Contract sum being adjusted accordingly and the consent of the Surety being first obtained where necessary or desirable. All the Work of the kind bid upon shall be paid for at the price stipulated on the proposal, and no claims for any extra work or material shall be allowed unless the work is ordered in writing by the engineer and the price is stated in such order.

7-4.2.7 Claims for Extra Costs. No claim for extra work or cost shall be allowed unless the same was done in pursuance of a written order by the Engineer, as aforesaid, and the claim presented with the first estimate after the changed or extra work is done. When work is performed under the terms of the General Conditions, the Contractor shall furnish satisfactory bills, payrolls, and vouchers covering all items of cost and when requested by the City, give the City access to accounts relating thereto.

After completion of the work to the satisfaction of the Engineer, the Engineer shall make a final estimate of the amount of work done. The City shall pay the entire sum so found to be due after deducting there from all previous payments and all amounts to be retained under the provisions of the Contract. All prior partial estimates and payments shall be subject to correction in the final estimate and payment. The final payment shall not be due and payable until the expiration of the thirty-five (35) days from and after the recordation of the Notice of Completion filed by the City.

SECTION 8 - FACILITIES FOR AGENCY PERSONNEL

This section is deleted in its entirety.

SECTION 9 - ASSIGNMENT OF UNFAIR BUSINESS PRACTICES
CLAIMS

9-1. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the Contractor or subcontractor offers and agrees to assign to the City all rights, title and interest and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2, commencing with section 16700 of part 2 of division 7 of the Business and Professions Code), arising from the purchase of goods, services, or materials pursuant to this public works agreement. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor, without further acknowledgment by the Parties.

SECTION 10 - TRENCHING AND EXCAVATION

10-1. If this contract involves digging trenches or other excavations that extend deeper than (4) feet below the surface, the following shall be done pursuant to California Public Contract Code Section 7104:

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A. That the Contractor shall pro mptly and before the following conditions are disturbed, notify the City in writing, of any:

(1) Material that the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II or Class III disposal site in accordance with provisions of existing law.

(2) Subsurface or latent physical conditions 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.

B. That the City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor’s cost of, or the time required for, performance of any part of work shall issue a change order under the procedures described in the contract.

C. That, in the event that a dispute arises between the City and the Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor 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. The Contractor shall retain any and all rights provided either by contract or by law which pertains to the resolution of disputes and protests between the contracting parties.

SECTION 11 - REMOVAL, RELOCATION OR PROTECTION OF

EXISTING UTILITIES

11-1. Pursuant to Government Code Section 4215 et seq, the City shall assume the responsibility between the parties to this contract, for the timely removal, relocation, or protection of existing main or trunk line utility facilities located on the site of the construction project for this contract, if such utilities are not identified by the public agency in the plans and specifications made a part of the invitation for bids.

11-2. The Contractor shall be compensated for the costs of locating, repairing damage not due to the failure of the Contractor to exercise reasonable care, and removing or relocating such utility facilities not identified in the plans and specifications with reasonable accuracy and for equipment on the project necessarily identified during such work.

11-3. The Contractor shall not be assessed liquidated damages for delay in completion of the project, when such delay was caused by the failure of the City, or the owner of the utility to provide for removal or relocation of such utility facilities.

11.4. The City shall not be required to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the site of the construction project can be Redlans Regular Meeting of 09-05-2023
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inferred from the presence of other visible facilities, such as buildings, meter and junction boxes, on adjacent to the site of construction, provided, however, nothing herein shall relieve the City from identifying main or trunk lines in the plans and specifications.

11.5. Nothing herein shall preclude the City from pursuing appropriate remedy against the utility for delays which are the responsibility of the utility.

11.6. If the Contractor, while performing the contract, discovers utility facilities not identified by the City in the contract plans or specifications, Contractor shall immediately notify the City and the utility in writing.

11.7. The public utility, when it is the owner, shall have the sole discretion to perform repairs or relocation work or permit the Contractor to do such repairs or relocation work at a reasonable price.

11.8. Contractor shall comply with Government Code Section 4216 through 4216.9.

11.9. Conduits from existing street light and traffic signal systems may be encountered during construction of this project. All removals, relocations, and/or replacements of existing conduit systems shall be performed in accordance with these specifications and City standards, by a qualified electrical contractor. All costs for said work shall be borne by the Contractor and paid as a part of the various items of work requiring such removals, reloca tions, and/or replacements, and no other compensation shall be made therefore.

SECTION 200 - ROCK MATERIALS

200-2 UNTREATED BASE MATERIALS.

200-2.1 General. - Amend the first paragraph as follows:
“Materials for use as untreated base or subbase shall be classified in the order of preference as follows:

Crushed Aggregate Base
Crushed Miscellaneous Base
Pulverized Miscellaneous Base.”

200-2.4.1 General. - Delete the second sentence and replace with the following:
“The material shall be free of deleterious material as defined in 200-1.1.”

200-2.4.2 Grading. - Amend the first sentence of paragraph 1 as follows:
“The material shall be uniformly graded and shall conform to the ‘fine’ gradations:”

200-2.5.1 General. - Delete the third sentence and replace with the following:
“The material shall be free of deleterious material as defined in 200-1.1.”

200-2.8.1 General. - Amend as follows:

Delete the second sentence of paragraph 1 and replace with the following:
“Pulverized miscellaneous base may contain underlying base material.” Redlans Regular Meeting of 09-05-2023
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Delete the third sentence of paragraph 1 and replace with the following:
“The material shall be free of deleterious material as defined in 200-1.1.”

SECTION 201 - CONCRETE, MORTAR AND RELATED MATERIALS

201-1 PORTLAND CEMENT CONCRETE.

201-1.1.1 General - Add the following paragraph:

The Contractor shall furnish the Engineer in the field with a copy of the mix design to be used, and with a legible certified weighmaster's certificate for each load of PCC delivered to the project.

PCC delivered to the project site having a water content and/or slump greater than that specified in the mix design, shall be rejected and removed from the project site.

201-1.1.2 Concrete Specified by Class and Alternate Class - Amend Table 201 -1.1.2.(A) as follows:

Street Surface Improvements section -
All concrete in this section shall have a minimum compressive strength at 28 days of 22,410 kPa (3,250 pounds per square inch), and meet the requirements of class 330 -C-23 (560-C-3250) concrete.

Sewer & Storm Drain Facilities section, Sidehill Surface Drainage Facilities subsection - All concrete in this subsection shall have a minimum compressive strength at 28 days of 22,410 kPa (3,250 pounds per square inch), and meet the requirements of class 330 -C-23 (560-C-3250) concrete.

201-1.4.3 Transit Mixers. - Replace the first sentence in paragraph 6 with the following:

The total elapsed time between addition of water at the batch plant and the completion of the discharge of the PCC from the mixer, shall not exceed ninety (90) minutes. All PCC remaining in the mixer, after said ninety (90) minutes time limit, shall be rejected and removed from the project site.

SECTION 203 - BITUMINOUS MATERIALS

203-3 EMULSIFIED ASPHALT.

203-3.1 General. - Modify the section by adding the following:

Asphalt emulsion shall be a QUICKSET ANIONIC OR CATIONIC EMULSIFIED ASPHALT conforming to the requirements of Subsection 203 -1.3, “Test Reports and Certification”, and Subsection 203-1.2, “Testing Requirements” of the Standard Specifications.

The latex additive shall be Ultra Pave 70 (for anionic) or Ultra Pave 65 K (for cationic) or an approved equal. The latex shall be added at the emulsion plant after weighing the asphalt and before the addition of mixing water. The latex shall be added at a rate of two to two-and-one-half (2 to 225) parts to one-hundred (100) parts of emulsion by volume.

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203-5 SLURRY SEAL.

203-5.1 General. - Delete the sentence and replace with the following:

Slurry seal shall be emulsion-aggregate slurry (EAS) conforming to 203-5.4.

203-5.2 Mix Design. - Modify the section by adding the following:

(f) Admixtures, such as Portland Cement or aluminum sulfate may be mixed into the slurry material to adjust curing time such that the applied slurry can support vehicular traffic within 60 minutes.

(g) Use of slag shall not be permitted.

(h) Deliveries of aggregate and emulsion shall not be made without the engineer present.

Emulsion is not to be transferred to an on -site s torage tanker without the sieve test performed by the City.
203-5.3.2 Grading. - Delete the sentence and replace with the following:

The combined aggregate gradation shall be determined in accordance with ASTM C136 and conform to Type II requirements shown in Table 203-5.3.2 (A).

203-5.4.1 General. – Modify the paragraph and replace with the following:

EAS shall be a stable mixture of emulsified asphalt, aggregate, water, a set control agent, and latex.

EAS shall be Type II-CQS-1h-EAS.

203-5.4.2.1 Aggregate. – Delete the sentence and replace with the following:

Aggregate shall be Type II conforming to 203-5.3.

203-5.4.2.2 Emulsified Asphalt. – Modify the first paragraph and replace with the following:

Emulsified asphalt shall be quick -set, and contain latex. Quick -set emulsified asphalt shall be CQS-1h conforming to 203-3.

203-6 ASPHALT CONCRETE.

203-6.1 General. - Add the following paragraph:

Unless otherwise approved by the Engineer, asphalt concrete for paving shal l be C2 -PG 64-10 (1/2”) for finish paving or B-PG 64-10 (3/4”) for base paving. A sphalt concrete for Type D1 or Type D2 curb shall be D2 –PG 70-10.

SECTION 206 - MISCELLANEOUS METAL ITEMS

206-7 TRAFFIC SIGNS.

206-7.1 General. The Contractor shall furnish or relocate and erect all traffic signage as required and specified.

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All new traffic signage shall be a minimum of the encapsulated lens (high intensity) type, have an anti-graffiti protective covering and be installed on new posts. All traffic signage to be relocated shall be installed on new posts.

206-7.2 Protective Covering. Anti-graffiti protective covering shall be Type 1150 -POF, manufactured by 3M Company, or approved equal.

206-7.3 Post and Base. New posts and bases shall be Ultimate Sign Support System as manufactured by Western Highway, or approved equal.

SECTION 207 – GRAVITY PIPE

207-2 REINFORCED CONCRETE PIPE (RCP).

207-2.1 General. - Add the following sentences to paragraph 2:

The minimum D-load for any RCP shall be 1,350. The minimum size for RCP shall be 18 inches (457 mm) unless otherwise approved by the Engineer.

SECTION 211 - MATERIAL TESTS

211-1 COMPACTION TESTS.

211-1.4 General. The Contractor shall be responsible for all quality contro l for all work. The Contractor shall complete all necessary testing to ensure the quality requirements within the specifications are achieved. The Contractor shall conduct the compaction testing by a geotechnical engineering firm and the results of the testing shall be made available to the Engineer.

The City will complete assurance testing throughout the project by an independent testing firm.

The City will perform the first compaction test required at any location. If such test does not meet the required specifications, the City will make additional tests until the required compaction is obtained and withhold from the final payment due the Contractor, the cost of all such additional tests. To be acceptable, tests must be ordered and witnessed by the City. Tests will be ordered by the City and performed at a location and depth as directed by the City. The Contractor shall assist the City in performing these tests as necessary. The Contractor shall provide to the City the maximum dry density and the optimum moisture content results of backfill and bedding material when requested by the City.

SECTION 214 - TRAFFIC STRIPING, CURB AND PAVEMENT

MARKINGS, AND PAVEMENT MARKERS

214-4 PAINT FOR STRIPING AND MARKINGS.

214-4.1 General. - Amend the first sentence in paragraph 4 as follows:
“Glass beads conforming to 214-3 shall be mechanically applied at a rate of 0.6 to 0.8 kg of beads per liter (5 to 7 pounds of beads per gallon).”
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SECTION 300 - EARTHWORK

300-1 CLEARING AND GRUBBING.

300-1.1 General. - Amend as follows:

Amend paragraph 3 as follows:
“The natural ground surface shall be cleared of all vegetable growth, such as trees, logs, upturned stumps, roots of downed trees, brush, grass, weeds, shrubs, ground cover, tree stumps, decorative landscape rocks, edging, railroad ties, other decorative landscape treatments, boulders, rock, portland cement concrete, and all other objectionable materials, within the limits of construction.”

Add the following paragraphs:

Grubbing and removal of organic debris shall include the repair and/or replacement of all parkway irrigation piping and systems necessary to perform work on this Contract and capping pipelines until such time that permanent repairs and/or replacements have been made.

All debris removed from the project site under this item shall be disposed of at an approved dump site. All transportation costs and dump fees shall be borne by the Contractor.

Clearing and Grubbing shall include, but is not limited to, the following:

1. Removal of existing AC berms.

2. Removal of all curb and gutter, cross gutters, and spandrels shall be replaced within three (3) calendar days. The Asphalt Concrete patch for areas with curbs and gutters removed and replaced shall be placed within two (2) working days after the curb and gutter, cross gutters, and spandrels are replaced. Removal of all sidewalks shall be replaced within three (3) calendar days.

3. Saw cut and removal of poles, posts, PCC pavements, curb, gutter, and sidewalk. Holes resulting from removal of existing poles and posts from existing PCC, AC pavements and curbs and gutters, shall be filled or patched with like materials. Self -propelled drop hammers will not be allowed for removals.

4. Removal of all raised pavement markers not conforming to the approved plan or conflicting with the proposed striping as shown on the plans in accordance with Subsection 312 -3, Removal, of the Standard Specifications.

5. Removal and disposal of boulders, rock or PCC.

6. All trees and shrubs less than 3m ( 9 ft) directly above the entire sidewalk surface shall be trimmed and removed by the contractor to allow a clear path of travel for pedestrians.

7. Irrigation system relocation:

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Any irrigation systems in conf lict with the proposed improvements that are removed, damaged, disturbed, or broken shall be modified, repaired, and/or replaced to be operable and provide full irrigation coverage to the areas requiring irrigation using new materials, equal or better than the original materials, with 20 mm (3/4 in) Schedule 40 PVC being the minimum acceptable for underground lines and 13 mm (1/2 in) Schedule 80 being minimum acceptable for risers and with the systems not being out of operation for more than two (2) days. No payment for work associated with the irrigation repair will be released, until all irrigation is complete, operable and accepted by the City.

All trees, shrubbery and lawns deprived of normal irrigation watering due to a disruption of service caused by the Contractor’s operations shall be regularly and thoroughly irrigated by the Contractor so that said plantings will not be damaged. If any trees, shrubbery or lawns die or suffer unacceptable damage as a result of or precipitated by the Contractor’s operations the Contractor shall replace same with the same plant species and size. Existing grass lawns within areas that must be excavated and/or re -graded shall be cut into approximate 305 mm (1 ft) squares, removed, protected, cared for and replaced as soon as possible. Dead, dying, and unacceptably damaged grass shall be replaced with new grass sod.

8. Existing inlets, slotted drains, drainage pipes, concrete gutters, drainage pipes, where any portion of such structure is within 1m of the grading plane in the excavation areas, or within 300 mm (1 ft) of original ground in embankment areas, or where shown on the plans to be removed, shall be completely removed and disposed of accordingly.

9. Removal and disposal of existing drainage inlet structure and PCC or AC apron.

10. The Contractor shall dispose all materials not being salvaged outside of the right -of-way and shall pay for all costs for disposal.

11.Removal and disposal of any abandoned utilities that may interfere with the improvements.

12.Self-propelled drop hammers will not be allowed for removals.

300-1.3.1 General. - Add the following paragraphs:

The Contractor shall dispose portland cement concrete, stone rubble, and brick at an approved dump site.

All reprocessed asphaltic cement concrete may be placed as the lower course of crushed aggregate base material. If the Contractor chooses not to reprocess the material, disposal at an approved dump site shall be required. All costs for disposal shall be borne by the Contrac tor. If the Contractor chooses to reprocess material, it shall be protected and remain contaminate -free, otherwise disposal at an approved dump site will be required with all costs borne by the Contractor.

All reprocessed asphaltic cement concrete to be used as crushed aggregate base shall be ground to conform to Section 200-2.2.

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300-1.3.2 (a) Bituminous Pavement. - Amend the following:

Amend the second sentence as follows:
“Saw cutting of edges to be joined shall be with a power-driven saw. The groove shall be cut to a minimum depth of 4 inches (102 mm).”

Amend the third sentence as follows:
“Where bituminous pavement is to be removed, a cold mill header cut of maximum 6 feet (1.8 m) in width perpendic ular to the join line shall be made, and a minimum laying depth of 1 inch (25mm) of new pavement material shall be provided at the join line.”

Amend the fourth sentence as follows:
“The edges of existing concrete pavement adjacent to the trench shall be saw cut to neat straight lines for the purpose of removing the damaged pavement areas.”

Add the following sentence:

Work under this item shall include asphalt concrete berms.

300-1.3.2 (b) Concrete Pavement. - Amend the following:

Amend the second sentence as follows:
“Saw cuts shall be made to a minimum depth of 4 inches (102 mm).”

Amend the third sentence as follows:
“If a saw cut in concrete pavement falls within 5 feet (1.5 m) of a construction joint, cold joint, expansion joint, or edge, the concrete shall be removed to the joint or edge.”

300-1.3.2 (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways and Alley Intersections. - Amend the following:

Amend the first sentence as follows:
“Concrete shall be removed to neatly sawed edges with saw cuts made to a minimum depth of 4 inches (102 mm).”

Amend the third sentence as follows:
“No section to be replaced shall be smaller than 36 inches (1 m) in either length or width.”

Amend the fourth sentence as follows:
“If the saw cut in sidewalk or driveway would fall within 36 inches (914 mm) of a construction joint, expansion joint, or edge, the concrete shall be removed to the joint or edge, except that where the saw cut would fall within 12 inches (300mm) of a score mark, the saw cut shall be made in and along the score mark.”

Amend the fifth sentence as follows:
“curb and gutter shall be sawed to a depth of 4 inches (102 mm) on a neat line at right angles to the curb face.”
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300-1.3.2 (d) Striping and Markings. All existing striping, markings and raised pavement markers shown to be removed or necessary to be removed from paving areas. This item includes removal in compliance with applicable laws and cleanup of residue from the operation.

All striping, markings and raised pavement markers removed beyond the limits shown on the plans for and/or at the convenience of the Contractor shall be replaced at the Contractor’s expense.

300-1.3.2 (e) Structures. All existing concrete structures (reinforced or non -reinforced) as shown on the plans to be removed or abandoned, including but not limited to, undersidewalk drains, manholes, headwalls, bulkheads, drop inlet structures, energy dissipaters, catch basins, vaults and pipelines. Abandonment shall include all cuts and concrete plugs necessary to seal ends or openings of abandoned pipes or structures.

300-1.3.2 (f) Rock Curbs. All rock from rock curb removals, as shown on the plans or required for construction of the project, shall be transported, delivered and u nloaded at a storage site as directed by the Engineer.

300-1.3.2 (g) Miscellaneous Removals. All other removals of facilities, as shown on the plans but not covered under separate bid items, and any underground facilities found during the work and not shown on the plans shall be performed. The City has endeavored to show all known underground facilities but is not responsible for unknown or abandoned facilities. Unknown underground facilities shall be paid as extra work.

300-1.3.2 (h) Miscellaneous Relocations. All relocation work as shown on the plans or required for construction of the project, but not covered under separate bid items, shall be included as a part of Subsection 300-1 Clearing and Grubbing. All relocation work performed as a part of clearing and grubbing work shall conform to the requirements and specifications of the agency or utility having jurisdiction over the item to be relocated.

300-1.4 Payment. - Add the following sentence to paragraph 1:

Payment for work on this item s hall be made as a percentage of the work completed at each monthly payment.

300-2 UNCLASSIFIED EXCAVATION.

300-2.2.2 Wet Material. - Amend the second sentence of the paragraph:
“If such high moisture content is not the result of any action on the part of the Contractor, or inaction in protecting the work during the course of the contract, the work involved will be paid for in the following manner: Over-excavation and disposal work shall be considered “extra work,” with backfill and compaction of crush ed aggregate base paid under the appropriate bid item in these specifications.”

300-12 MISCELLAENOUS GRADING. The parkway, whether landscaping exists or not, shall be graded and compacted to achieve drainage towards the street at a slope of 2% . Grading shall be coordinated such that it is the last item of work to be completed, prior to site clean -up. Loose Redlans Regular Meeting of 09-05-2023
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material and dirt shall be raked , compacted and distributed throughout the parkway area. Areas adjacent to installed improvements must be graded to a level within one inch from the finished surface. Extra dirt/fill shall be removed from the project in accordance with Specifications.

The Contractor, at his expense shall photo-document pre-construction conditions prior to starting excavating. After construction is completed, the Contractor shall photo -document the finished grade. The Contractor shall provide the City with said photos with addresses identifying each property location, the direction the photograph was taken (facing North, South etc). The Contractor shall keep a copy of the photos (either electronically or hard copy) and provide the City with electronic copies of the photos.

SECTION 301 - TREATED SOIL, SUBGRADE PREPARATION AND

PLACEMENT OF BASE MATERIALS

301-1 SUBGRADE PREPARATION.

301-1.3 Relative Compaction. - Amend the second sentence of paragraph 1 as follows:
“When base material, curb, gutter, alley pavement, driveways, or sidewalks are to be placed on the subgrade material, the top 6 inches (150mm) of such subgrade material shall be compacted to a relative compaction of 95 percent.”

301-2.1 General. – Add the following paragraphs:

The contractor shall use ‘crushed aggregate base’ or ‘crushed miscellaneous base, fine graded’ as the base material. The use of ‘processed miscellaneous base,’ ‘select subbase,’ or ‘disintegrated granite’ shall not be used as base material.

The contractor ma y use ‘pulverized miscellaneous base’ (grindings) as part of the crushed base material. Said grindings shall be uncontaminated and placed in an even thickness as the lower course of crushed base material. Spreading and compacting shall comply with Sectio ns 301-2.2 and 301-2.3.

301-2.3 Compacting. – Amend the second sentence of paragraph 3 as follows:
“Compaction in the excepted areas shall be as specified in 211 -1 with each layer of compacted base material having a minimum relative compaction of 95 percent.”

301-2.4 Measurement and Payment. – Add the following paragraph:

Payment shall be made for cold -planing, storing, placing, and compacting reprocessed asphalt concrete pavement (grindings) as part of the crushed aggregate base (CAB) material. The volume of grindings placed shall be figured and a tonnage figure computed using 9.35 kg/m^3 (150 pounds per cubic foot). This tonnage figure shall be paid as par t of the crushed aggregate base tonnage for this project.

301-7 FULL DEPTH RECLAMATION WITH MECH ANICAL STABILIZATION (FDR- 25)

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301-7.1 Description. This rehabilitation alternative consists of pulverizing the existing asphalt concrete (AC) layer along with the underlying unbound material to a depth of 6, 9 or 12 inches per plan and specifications. The properties of this layer are considered to be similar to an Aggregate Subbase material with a modulus of at least 25 ksi.

The manufacture of the recycled base course shall be done in -place by pulverizing and blending the existing AC layer and base materials, if present. The process shall be accomplished in accordance with these specifications and conform to the lines and grades shown in the plans or as established by the engineer.

301-7.2 Construction . The asphalt concrete surfacing and underlying base materials shall be pulverized such that 100 percent of the material will pass a two -inch sieve and a minimum of 90 percent will pass a one and one-half inch sieve. All materials other than rock and pulverized asphalt concrete shall be broken up such that these materials will pass a one inch sieve. The pulverized materials shall be free of roots, weeds, wood, and construction debris. All grass and other vegetation shall be removed from the edge of the exiting pavement or lip of gutter pan to prevent contamination of the pulverized bituminous material during the milling operation.

Trimming and disposal of excess material, if required, will be performed on the intimate mixture of pulverized asphalt concrete, base materials and subgrade soil. Excess pulverized material is the surplus that results after trimming and grading the pulverized pavement section to the lines and grades matching existing and/or per plans and specifications.

Do not start pulverized ro adbed activities if the ambient air temperature is below 40F. If the ambient air temperature falls below 40F, you may only compact and finish pulverized roadbed.

Before starting daily pulverized roadbed activities, sweep the pulverized roadbed area constructed the previous day to remove loose material.

301-7.3 Surface Preparation. Before pulverized roadbed activities start, prepare the existing roadway surface by:

1. Clearing foreign matter including vegetation

2. Removing standing water

3. Referencing the profile and cross slope

4. Marking the proposed longitudinal cut lines on the existing pavement as follows:

4.1. Cut lines must coincide with points where the existing cross slope changes, approximately at the centerline and edge of traveled way

4.2. Cut lines must indicate the sequence of the cuts

5. Referencing existing lane lines and striping layout

Final subgrade surface shall slope away from the street centerline to a maximum of 3% grade.

Pulverized asphalt material must be used as base material to meet new cross slope requirements.

Native sub-grade material may need to be hauled off to allow for the use of all pulverized base material. No additional compensation will be allowed for any sub -grade removal and haul -off if required. Any contaminated material will be removed and disposed of by the contractor off site at his expense. Any shortage of material, caused by premature disposal of the indicated surplus Redlans Regular Meeting of 09-05-2023
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material by the contractor, shall be replaced by it and no additional compensation will be allowed for such replacement.

301-7.4 Spreading, Mixing, and Compacting . Do not use a heating device to soften the pavement. Remove any visible oversized materials in the pulverized roadbed mixture prior to shaping and compacting. If you encounter unstable subgrade or rocks greater than 4 inches in the roadway section, notify the Engineer. The Engineer determines the extent of the unsuitable material and the corrective measures to be taken.

According to the Section 301 -2.3, the compaction shall always be co mmenced along the edge of the area to be compacted and the roller shall gradually advance toward the center of the area to be compacted. Rollers shall be operated along lines parallel or concentric with the centerline of the road being constructed, and no material variation therefrom will be permitted. All rollers must be maintained in good mechanical and working condition.

The relative compaction of each layer of compacted base material shall not be less than 95 percent.

ASTM D2922, Methods of Density of Soil and Soil Aggregate in Place by Nuclear Methods, (or ASTM D1556). After compaction, the sub-grade shall be firm, and unyielding.

301-7.5 Finishing. The finished pulverized roadbed surface must not vary more than 0.05 foot from the lower edge of a 12 -foot straight edge laid in directions parallel and perpendicular to the centerline. Variations within the above specified tolerances shall be compensating so that the average grade and cross section specified are met. The finished surface must be free from segregation, tearing, and scarring, and have a uniform surface texture throughout the work limits.

301-8 FULL DEPTH RECLAMATION WITH CEMENT STABILIZATION (FDR-200)

301-8.1 Description. This rehabilitation alternative consists of pulverizing the existing asphalt concrete (AC) layer along with the underlying unbound material to a depth of 6, 9 or 12 inches per plan and specifications. The properties of this layer are considered to be similar to an Aggregate Subbase material with a modulus of at least 200 ksi.

The manufacture of the recycled base course shall be done in -place by pulverizing and blending the existing AC layer and base materials, if present , and adding cement . Micro-cracking of the completed cement stabilized surface is required before HMA is to be placed directly on top of the cement treated surface, regardless of the AC thickness. The process shall be accomplished in accordance with these specifications and conform to the lines and grades shown in the plans or as established by the engineer.

The cement content must be 2% by dry weight of FDR with cement with a dry unit weight of 130 lb/cu ft for 6” FDR section. The cement content must be 3% by dry weight of FDR with cement with a dry unit weight of 130 lb/cu ft for 9” FDR section. The cement content must be 4% by dry weight of FDR with cement with a dry unit weight of 13 0 lb/cu ft for 12” FDR section. Cement must be Type II or Type V Portland cement specified in ASTM C 150/150M.

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301-8.2 Construction . The asphalt concrete surfacing and underlying base materials shall be pulverized such that 100 percent of the material wi ll pass a two-inch sieve and a minimum of 90 percent will pass a one and one-half inch sieve. All materials other than rock and pulverized asphalt concrete shall be broken up such that these materials will pass a one inch sieve. The pulverized materials shall be free of grass and vegetation, and construction debris to prevent contamination of the pulverized materials. Mixing shall continue until, and at the speed of the recycling unit adjusted to ensure, a homogenous mixture of the above materials and pulve rized materials are achieved.

Trimming and disposal of excess material, if required, will be performed on the intimate mixture of pulverized asphalt concrete, base materials and subgrade soil. Excess pulverized material is the surplus that results after t rimming and grading the pulverized pavement section to the lines and grades matching existing and/or per plans and specifications. Excess pulverized material shall consist of non-treated well mixed pulverized AC pavement and subgrade.

Do not start pulveri zed roadbed activities if the ambient air temperature is below 40F. If the ambient air temperature falls below 40F, you may only compact and finish pulverized roadbed.

Before starting daily pulverized roadbed activities, sweep the pulverized roadbed area constructed the previous day to remove loose material.

301-8.3 Surface Preparation. Before pulverized roadbed activities start, prepare the existing roadway surface by:

1. Clearing foreign matter including vegetation

2. Removing standing water

3. Referencing the profile and cross slope

4. Marking the proposed longitudinal cut lines on the existing pavement as follows:

4.1. Cut lines must coincide with points where the existing cross slope changes, approximately at the centerline and edge of traveled way

4.2. Cut lines must indicate the sequence of the cuts

5. Referencing existing lane lines and striping layout

Final pavement surface shall slope away from the street centerline to a maximum of 3% grade.

Pulverized material must be used as base material to meet new cross slope requirements. Native sub-grade material may need to be hauled off to allow for the use of all the pulv erized base material. No additional compensation will be allowed for any sub -grade removal and haul -off if required. Any contaminated material will be removed and disposed of by the contractor off site at his expense. Any shortage of material, caused by pr emature disposal of the indicated surplus material by the contractor, shall be replaced by it and no additional compensation will be allowed for such replacement.

301-8.4 Spreading, Mixing, and Compacting . Do not use a heating device to soften the pavement. R emove any visible oversized materials in the pulverized roadbed mixture before shaping and compacting. If you encounter unstable subgrade or rocks greater than 4 inches in the roadway section, notify the Engineer. The Engineer determines the extent of the unsuitable material and the corrective measures to be taken.

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Recycling shall be performed to the depth provided in the plans, while incorporating stabilizing agents, mineral filler, additional aggregate and water. Mixing shall continue until, and the speed of the recycling unit adjusted to ensure, a homogenous mixture of the above materials and pulverized materials is achieved. Pre -cutting, grading and light compacting of the recycled material shall be performed prior to incorporation of the stabilizing. Spread cement uniformly over the full roadway surface width. Do not spread cement more than 30 minutes before mixing. Do not apply dry cement in windy conditions that will result in dust outside the FDR with cement area. The application rate must be the mix design rate or the ordered application rate in lb/sq yd ±

0.5 percent. The application rate of all stabilizing agents shall be continuously monitored. If the measured application rate falls outside the above tolerance, then the recycling operations s hall be stopped and corrected before proceeding. Do not spread cement and aggregate before pulverizing.

Water must be injected through the pulverizing machine. The injection rate of mixing water must be sufficient to produce the FDR with cement material mixing moisture content. The water content of the stabilized material shall be monitored closely to ensure proper compaction. Mark where the center of the pulverizing drum stops. Start the following cut on this alignment at least 2 feet behind the mark. Before compacting, remove solids larger than 3 inches in any dimension by hand.

Immediately after pulverizing and mixing, compact FDR with cement to the minimum relative compaction. Do not allow more than 2 hours between final mixing of the pulverized material with cement and completion of initial compaction before trimming . During grading and final compaction add water to maintain the mixing moisture content as described in the mix design. Do not allow more than 2 hours to elapse from the time water is added to the aggregate and cement to completion of final compaction after trimming.

Longitudinal joints between adjacent stabilization passes shall be overlapped at least 4 inches.

Transverse joints between the recycling process shall be saw-cut, if necessary, to provide a vertical clean face to ensure proper compaction. Compaction of cementitious stabilizer begins within 20 minutes after mixing and achieving gradation and moisture requirements.

According to the Section 301 -2.3, the compaction shall always be commenced along the edge of the area to be compacted and the roller shall gradually advance toward the center of the area to be compacted. Rollers shall be operated along lines parallel or concentric with the centerline of the road being constructed, and no material variation therefrom will be permitted. All rollers must be maintained in good mechanical and working condition.

The relative compaction of each layer of compacted base material shall not be less than 95 percent.

ASTM D2922, Methods of Density of Soil and Soil Aggregate in Place by Nuclear Methods, (or ASTM D1556). After compaction, the sub-grade shall be firm, and unyielding.

Construction joints shall have vertical faces and shall be made in thoroughly compacted material.

Additional mixture s hall not be placed against the construction joint until the joint has been approved by the Engineer. The face of the cut joint shall be lean and free of deleterious material and shall be kept moist until the placing of the adjacent FDR with cement.

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301-8.5 Finishing. Once the entire working width (full lane width plus effected shoulder width) has been stabilized, and only after primary compaction has been completed, the entire working width shall be graded to the required profile and cross -slope. Disturbance to the stabilized and primary compacted material shall be kept to a minimum during this grading and shaping operation.

The finished pulverized roadbed surface must not vary more than 0.05 foot from the lower edge of a 12-foot straight edge laid in directions parallel and perpendicular to the centerline. Variations within the above specified tolerances shall be compensating so that the average grade and cross section specified are met. The finished surface must be free from segregation, tearing, and scarring, and have a uniform surface texture throughout the work limits.

Immediately after compaction, apply water and roll with no vibration. The finished surface must be free of ruts, bump, indentations, segregation, raveling, and any loose material.

The completed cement treated subgrade shall be moist cured continuously until it is in a firm and unyielding condition. The cement treated subgrade shall be kept free from heavy traffic during the curing period or until the asphalt concrete surfacing is plac ed whichever is less, unless otherwise directed by the Engineer. Moisture curing shall be the only method of curing prior to micro - cracking.

Micro-cracking shall be performed with several vibratory roller passes 48 to 72 hours after finish grading to prev ent severe, wide cracks from forming thus reduces the potential for reflective cracking through the HMA layer. Micro -cracking shall be performed before the application of asphaltic emulsion curing seal. After micro -cracking is complete additional moisture curing may be used. Any additional water required to achieve maximum density shall be applied by spraying the surface of the stabilized material with light applications. Care shall be taken so as not to over- apply additional water to any areas of the stabilized material.

While open to traffic and before placing HMA, maintain the FDR with cement surface free of ruts, bumps, indentations, raveling, and segregation. If FDR with cement material is damaged, it shall be repaired by removing and replacing the en tire depth of affected layers in the damaged area.

Feathering will not be permitted for repair of low areas.

Asphaltic emulsion curing seal must be applied on the completed cement treated base immediately before placing HMA. Asphaltic emulsion curing seal must comply with Caltrans Standard Section 94, Grade SS1 or CSS1. Dilute and thoroughly mix asphaltic emulsion for curing seal at a ratio of 1 part water to 1 part asphaltic emulsion. The water must no cause premature separation of the emulsion. Uniformly apply the diluted curing seal at a rate of 0.1 gal/yd 2 of cement treated base surface.

SECTION 302 - ROADWAY SURFACING

302-4 SLURRY SEAL SURFACING.

302-4.3.1 General. – Add the following paragraphs:

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All slurry mixing machines shall be equipped with a Fines Feeder for the adding of cement or granular Aluminum Sulfate.

Prior to the beginning of slurry operations, the Contractor shall furnish, at no cost to the City, current licensed weigh master’s certificates indicating the net weight capacity of the aggregate bin.

The Contractor shall provide a drive upon scale at the project site or an alternate site approved by the City. The drive on scale shall show the net weight of the aggregate bin on each slurry machine before the machine and product will be approved for applying slurry on the project.

All slurry machines are to carry, at all times, a calibrated emulsion measuring stick. The emulsion measuring stick is to be calibrated in 10 -gallon increments to the slurry machine it is used on.

Emulsion measuring sticks from other slurry machines will not be allowed to measure the gallons of emulsions on the slurry machines they were not calibrated to. The emulsion measuring stick is to have the slurry machine number or identification permanently marked on the stick. The gallons of emulsion are to be measured with a calibr ated emulsion measuring stick and recorded before leaving and after returning to materials site. Use of a slurry machine will not be allowed if it does not have a calibrated emulsion measuring stick.

The Contractor shall furnish prior commencing work, a calibrated stick in 10-gallon increments to measure the oil in the trailer storage tanks in gallons. The measuring stick shall be calibrated to the trailer storage tank it is used on. The inspector shall check the oil in each load “in and out” and in the storage tanks at the beginning and end of each day to determine the amount of emulsion used for that day. Emulsion is not to be transferred from delivery tank to on -site storage tank before the City performs the sieve analysis on the emulsion. Aggregate used in the slurry shall not exceed a moisture content of four percent (4%) by weight of dry aggregate.

Contractor may not schedule more than 150 tons of slurry to be placed per day. Slurry may not be applied at more than 150 feet per minute.

The Contractor shall provide a self-propelled 10 ton pneumatic roller with a tire pressure of 50 PSI and equipped with a water spray system. The Contractor shall roll the required streets the same day they are slurried. The Contractor will be responsible for p roper scheduling of the work such that the rolling can be properly done within the given time constraint. Failure to comply shall result in a $250.00/calendar day liquidated damage being assessed per incident. The cost of furnishing the roller and operator shall be included in the price paid for slurry seal.

The Contractor is hereby advised that City streets, parking lots, or other City -approved property will not be allowed as a site for stockpiling and batching. Arrangements for an acceptable site shall be the sole responsibility of the Contractor.

The Contractor shall sweep any raveled material on the street one (1) week after the initial placement. If the Engineer determines the raveling is excessive, the frequency of sweeping shall be adjusted to the field conditions of the raveling. If raveling continues within two (2) weeks of the initial placement, the street shall be swept and reslurried with a Type I mixtures (Local Streets) or a Type II (Arterial/Collector Streets) at no cost to the City. Raveling can be identified by the presence of “black pebbles” in the gutter.

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GC 50

The Contractor shall remove any and all weeds that are growing through cracks from the project street located within the pavement or growing between the c oncrete gutter and the pavement and spray a herbicide mixture of either Hyvar mixed with Roundup or Pramatol mixed with Roundup, or approved equal, at least fourteen (14) calendar days prior to slurr ying. The herbicide mixture shall contain Blazon, or app roved equal, a purple dye to easily confirm the herbicide has been applied. The work shall be approved by the Engineer or his representative prior to slurrying. Full compensation for plant removal and herbicide treatment shall be considered as included in the unit cost for slurry seal.

Longitudinal joints must correspond with lane lines. You may request other longitudinal joint patterns if they do not adversely affect the slurry seal. Spread slurry seal in full lane widths. Do not overlap slurry seal between adjacent lanes more than 3 inches. Use a material, such as building paper at transverse joints and over previously placed slurry seal to prevent double placement.

Remove the material after use. Use hand tools to remove spillage.

Full compensation for developing a water supply, for furnishing and placing all water required for work done in the Contract, including extra work shall be included in the prices paid for the various items of work requiring water; and no separate payment will be made theref ore. The Contractor shall supply the City with licensed weighmaster’s certificates of weight for all delivered aggregates to the job during the course of each day. Aggregate shall be delivered to the project only in the presence of a City representative. The Contractor shall also present weighmaster certificates for the amount of such aggregate remaining at the completion of the project at no cost to the City.

Payment shall be determined by the amount that is physically placed, which cannot exceed the amount that is delivered to the job site with the certified weighmaster tickets. There shall be not outside work done utilizing materials from the tanks or stockpiles stored for the City’s Contract.

Prior to storing aggregate on private property, the Contractor shall submit to the Engineer written permission from the property owner for such stockpiling.

Precautions shall be taken to ensure that stockpiles do not become contaminated with oversized rock, clay, silt, or excessive amounts of moisture. The stockpiles shall be kept in areas that drain readily. Segregation of the aggregate will not be permitted.

The Contactor shall protect the wet slurry from traffic at all times and if damaged or defaced, the Contractor shall repair said damage at no additional cost to the City.

The placement of slurry seal may be suspended with the concurrence of the Engineer due to unsuitable weather, temperature conditions, or other conditions that are considered unfavorable for the prosecution of the work. The Contra ctor shall immediately comply with the order of suspension by the Engineer, and work shall not be resumed until authorized by the Engineer.

302-4.8 Spreading and Application. - Add the following paragraphs:

Prior to applying slurry seal, the Contractor shall clean, to the satisfaction of the Engineer, the street surface with a power sweeper, remove all R.P.M.’s, abrasive grind or sandblast completely all lane lines, street legends, crosswalks or other painted or thermoplastic surfaces. This is Redlans Regular Meeting of 09-05-2023
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necessary to provide a good bonding surface for the slurry seal, as well as eliminate “ghosting” of the old striping and markings as the new slurry wears off over time.

It is anticipated that nuisance water, such as storm water runoff and irrigation water, will run in and across the right-of-way at various time throughout the period of construction. It shall be the responsibility of the Contractor, at their own expense, to provide for and protect the work from such water. In addition, the Contactor’s responsibility shall include handling nuisance waters such that their operations do not cause them to damage existing improvements or properties adjacent to or near the site of work.

Slurry shall not be applied when the atmospheric temperature is less than 65oF (18oC).

The application of slurry shall not commence until after 8:00 a.m., and shall conclude at 1:30 p.m. unless other authorized by the Engineer. The slurry shall be sufficiently cured to be open to traffic by 4:00 p.m. The portions of streets to be slurried shall be closed from the time the application begins until the mixture as achieved sufficient set to be opened to traffic.

The slurry shall be applied in such a manner that no ripples or waves exist. If ripples or waves occur in the slurry during the application, the work shall cease and the Contractor shall correct the situation. The Contractor may use a drag to knock down ridges. If ripples or waves are not corrected to the Engineer’s satisfaction, the street shall be reslurried at the Contractor’s expense.

The Contractor shall, at the direction of the Engineer, repair the reseal to the entire street, or complete section thereof, as determined by the Engineer, which have not been sealed properly (includes areas that have failed to meet yield and mix design specifications) and completely. No compensation will be provided for slurry seal used in repair and reseal work.

Each slurry crew shall be composed, at a minimum, of a coordinator at the project site at all times, a competent quick-set mixing man, a competent driver, two squeegee men, and sufficient laborers for any handiwork and cleanup.

Surface oil and grease shall be removed or sealed with shellac or an equivalent material approved by the City before the application of the slurry seal. Full compensation for surface oil and grease removal shall be considered as included in the unit cost for slurry seal.

The Contractor shall roll all cul-de-sacs (the last 250’ minimum), the last 250’ of dead-end streets and knuckle curves. Full compensation for rolling the slurry shall be considered as include in the unit cost for slurry seal.

During slurry seal operations, it shall be the Contractor’s responsibility to place protective covering over, or to otherwise avoid slurry seal coating of manholes, utility covers, pavement markers (reflective and non -reflective), concrete gutters, concrete cross gutters, and drainage facilities, survey monuments and remove said covering and/for slu rry seal coating after slurry sealing has been completed.

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The start and finish of slurry application shall be a straight line which, unless otherwise approved by the Engineer, shall be obtained by laying a strip of building paper or other material approv ed by the Engineer on the pavement surface. After application of slurry, the paper is to be removed leaving a straight edge. The entire street surface area shall be sealed the same day.

302-4.8.1 Crack Sealing and Filling. Crack sealing shall be performed prior to the Slurry Seal application. Pavement cracks 1/4" wide and larger shall be sealed. Pavement cracks 1/8" to 1" wide shall be cleared of all loose particles of dust, dirt and laitance with oil -free compressed air immediately preceding the sealing operation. Cracks shall be routed out as necessary to provide a reservoir for the sealer that will have a depth of l" to 1 1/2".

The crack sealing material shall be a hot-applied asphalt (Crafco Polyflex or approved equivalent).

The crack sealing material must not be modified or diluted in any way. Pavement cracks larger than 1” wide shall be filled with the mixtures per Specification Section 203 -6.4 Type E (Extra Fine).

A wand and nozzle type application shall be used to fill all cracks with crack sealing material.

Crack sealing material shall be applied in two applications with the possibility of additional applications to fill the crack within the allowable tolerance. The cracks must be filled to the surface and not overfilled or applied to the top of adjoining pavement or concrete surfaces. The cracks shall be squeegee immediately after the sealant has been applied to insure conformity with the pavement surface.

The crack sealing material shall then be allowed to penetrate and sink into the crack area for a minimum of one hour. Each crack must then have a second application of crack sealer material applied in the crack area only to within + 0.01' of the adjoining pavement surface. If the material is a cold-applied, polymer modified petroleum emulsion, sand will be applied over the crack sealing material after the second application, covering a minimum of 1 1/2 inches each side of the crack and not more than 3/4 inch higher than the top of the pavement. The contractor shall be responsible for the removal of all excess sand which shall be removed within three hours after being applied.

302-5 ASPHALT CONCRETE PAVEMENT.

302-5.1 General. - Add the following paragraphs:

Asphalt concrete pavement structural sections equal to or greater than 3 inches (76 mm) in thickness shall be installed in two lifts. Base course aggregate material size shall be ¾ inch (19 mm) and cap course aggregate material size shall be ½ inch (13 mm). All pavement shall be placed over 4 inches of crushed aggregate base, unless compacted to 95% relative compaction.

All valves within project limits in the public right -of-way shall be raised to finish grade as a part of this work. The Contractor shall furnish and install new can or slip can materials as necessary.

If new water valve lids are necessary, they shall be supplied by the Municipal Utilities and Engineering Department. All valve can lids within the project limits in the public right -of-way shall be painted the appropriate color for the utility they represent (ie. Water - Blue, Gas - Yellow, Fire – Red, etc.).

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302-5.2 Timeline of Paving Operations.

All paving operations shall follow the timeline and requirements shown below unless otherwise approved by the City:

PAVING TIMELINE

DESCRIPTION OF WORK

TIME PERIOD
WEEK 1
(DAY 1-7)
WEEK 2
(DAY 8-14)
WEEK 3
(DAY 15-21)
WEEK 4
(DAY 22-28)
PAVING (START TO FINISH) (1)
CURE PERIOD (2)
MANHOLE ADJUST TO GRADE (3)
STRIPING & PAVEMENT MARKINGS (4)
TRAFFIC LOOPS (5)
NO PARKING SIGNS ALLOWED (6)
Note: All time periods shown above are the maximum amount of allowable time for each activity.

This timeline does not apply to the installation or repair of curb and gutter, ac dikes, sidewalks, cross gutters, curb ramps, driveway approaches or truncated domes.

(1) In no case shall any street segment remain unpaved longer than three calendar days if no other work activity is being performed on that street segment. Any deviation from the timeline shall result in a penalty assessment of $1,000 per calendar day. (2) No work except cat tracking of proposed striping is allowed during this period; therefore “No Parking Signs” shall not be installed during this activity. (3) Once each manhole is exposed, all associated work to adjust it to grade must be completed within 48 hours. This shall include all adjustments of manholes, vaults, valve cans, etc. as required by the Contract.
(4) All cat tracking and approval of proposed striping shall occur during the cure period. (5) Traffic loops must be installed after the approval of striping l ayout and prior to the installation of thermoplastic striping and pavement markings. (6) “No Parking Signs” shall be installed per Section 7-19 of these specifications.

302-5.4 Tack Coat. – Delete and replace with the following:

If the asphalt concrete pavement is being constructed directly upon an existing hard -surfaced pavement, a tack coat of High Performance Seal (HPS) No-Track Tack at an approximate rate of

0.05 gallon per square yard shall be uniformly applied upon the exist ing pavement preceding the Redlans Regular Meeting of 09-05-2023
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placement of asphalt concrete. The surface shall be free of water, foreign material, or dust when the tack coat is applied. To minimize public inconvenience, no greater area shall be treated in any one day than is planned to be covered by asphalt concrete during the same day, unless otherwise approved by the Engineer.

302-5.5 Distribution and Spreading. – Add the following:

Unless otherwise permitted by the Engineer, the top layer of asphalt concrete for shoulders, tapers, transitions, road connections, private drives, curve widening, turnouts, left-turn pockets, and other such areas, shall not be spread before the top layer of asphalt concrete for the adjoining through lane has been spread and compacted. At locations where the number of lanes are changed, the top layer for the through lanes shall be paved first. Tracks or wheels of spreading equipment shall not be operated on the top layer of asphalt concrete in any area until final compaction has been completed or unless directed by the Engineer.

All screed extensions for paving machines shall be provided with a tamper, roller, or other suitable compacting devices.

Asphalt pavers shall be equipped with automatic screed controls and a sensing device or devices.

Automatic grade and slope control shall be used for overlays.

All joints shall be sealed after rolling.

When placing asphalt concrete to the lines and grades note d in the plans or as approved by the Engineer, the automatic screed controls shall control the longitudinal grade and transverse slope of the screed. Grade and slope references shall be furnished, installed, and maintained by the Contractor. The Contractor shall use a ski device, the minimum length of the ski device shall be 30 ft. The ski device shall be a rigid one -piece unit and the entire length shall be utilized in activating the sensor. The Contractor may use a laser to control the screed.

When placing the initial mat of asphalt concrete on existing pavement, the end of the screed nearest the center line shall be controlled by a sensor activated by a ski device not less than 30 ft long.

The end of the screed farthest from center line shall be controlled by an automatic transverse slope device set to reproduce the cross slope approved by the Engineer.

When paving contiguously with previously placed mats, the end of the screed adjacent to the previously placed mat shall be controlled by a sensor th at responds to the grade of the previously placed mat and will reproduce the grade in the new mat within a 0.01 ft. tolerance. The end of the screed farthest from the previously placed mat shall be controlled in the same manner as when placing the initial mat.

Should the automatic screed controls fail to operate properly during any day's work, the Contractor may use manual control of the spreading equipment for the remainder of that day; however, the equipment shall be corrected or replaced with alternati ve automatically controlled equipment conforming to the requirements in this section before starting the next day's work.

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Should the methods and equipment furnished by the Contractor fail to produce a layer of asphalt concrete conforming to the requiremen ts, including straightedge tolerance, of Subsection 302 -

5.6.2 - Density and Smoothness, of the Standard Specifications, the paving operation shall be discontinued and the Contractor shall modify his equipment or furnish substitute equipment. A drop-off of more than 0.15 ft will not be allowed at anytime between adjacent lanes open to public traffic.

The Contractor shall schedule his paving operations such that each layer of asphalt concrete is placed on all contiguous lanes of a traveled way each work shi ft. At the end of each work shift, the distance between the ends of the layers of asphalt concrete on adjacent lanes shall not be greater than 10 ft. nor less than 5 ft. Additional asphalt concrete shall be placed along the transverse edge at the end of each lane and along the exposed longitudinal edges between adjacent lanes, hand raked, and compacted to form temporary conforms. Kraft paper, or other approved bond breaker, may be placed under the conform tapers to facilitate the removal of the taper whe n paving operations resume.

302-5.6.1 General. - Add the following paragraph:

All asphalt concrete pavement abutting portland cement concrete gutters shall match and be flush with the gutter lip when finish rolling is complete.

302-5.6.2 – Density and Smoothness. – Delete and replace with the following:

The completed surfacing shall be thoroughly compacted, smooth and free from ruts, humps, depressions or irregularities. Any ridges, indentations or other objectionable marks left in the surface of the asphalt concrete shall be eliminated by rolling or other means. The use of any equipment that leaves humps, ridges, irregulariti es or other objectionable marks in the asphalt concrete shall be discontinued, and acceptable equipment shall be furnished by the Contractor.

The finished surface shall meet the following smoothness criteria:
• When a 12 foot long straightedge is laid on the finished surface parallel to the centerline of the roadway, the finished surface shall not vary from the edge of the straightedge more than 0.05 feet, except at changes in grade,
• When a 12 foot long straightedge is laid on the finished surface perpendicu lar to the centerline of the roadway and extends from edge to edge of a traffic lane, the finished surface shall not vary from the edge of the straightedge more than 0.05 feet, except at changes in grade.

If the top layer of pavement does not comply with t he smoothness specifications shown, remove and replace the entire section or complete a grind and overlay of 1.5 inches or 3 times the aggregate size, whichever is greater. Grind and overlay will be considered as a repair method only when the thickness of the asphalt pavement section is greater than 1.5 inches following the required grinding. Corrected section shall be rectangular to the nearest pavement edge or lane line and to a crosswalk, concrete spandrel or other limits approved by the City. D o not begin corrective actions until the method and limit of correction is authorized by the City. If the tolerances cannot be achieved by the methods described above, the contract or must re -pave the street section, in kind, at their own expenses.

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The compaction after rolling shall be a minimum of 91 percent and a maximum of 97 percent of the density obtained on samples compacted with the California Kneading Compactor per California Test 304. Cores will be taken randomly by the City for laboratory testing per California Test 308, Method A at a frequency of three per lot. A lot shall consist of a maximum of 3,000 square yards of asphalt concrete and will be identified in the field by the City. The cores will be averaged to determine the percent of maximum theoretical density, as determined by ASTM D - 2041, per lot to the nearest tenth of a percent.

Reduced payment factors for percent of maximum theoretical density will be per the following table, and will be applied to the entire lot sampled.

Reduced Payment Factors for Percent of Maximum Theoretical Density Asphalt Concrete
percent of maximum
theoretical density
Reduced payment
factor
Asphalt Concrete
percent of maximum
theoretical density
Reduced payment
factor

91.0 0.0000 97.0 0.0000

90.9 0.0125 97.1 0.0125

90.8 0.0250 97.2 0.0250

90.7 0.0375 97.3 0.0375

90.6 0.0500 97.4 0.0500

90.5 0.0625 97.5 0.0625

90.4 0.0750 97.6 0.0750

90.3 0.0875 97.7 0.0875

90.2 0.1000 97.8 0.1000

90.1 0.1125 97.9 0.1125

90.0 0.1250 98.0 0.1250

89.9 0.1375 98.1 0.1375

89.8 0.1500 98.2 0.1500

89.7 0.1625 98.3 0.1625

89.6 0.1750 98.4 0.1750

89.5 0.1875 98.5 0.1875

89.4 0.2000 98.6 0.2000

89.3 0.2125 98.7 0.2125

89.2 0.2250 98.8 0.2250

89.1 0.2375 98.9 0.2375

89.0 0.2500 99.0 0.2500
< 89.0 Remove and replace > 99.0 Remove and replace

In addition to the reduced payment factors below, all costs associated with the testing of the lot which resulted in values outside of the 91-97 percent range, will be withheld from the final payment due to the Contractor.

Following completion of the testing by the City, the core locations within the asphalt pavement shall be repaired by the Contractor.

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302-5.6.3 Tracking. All areas receiving asphalt pavement shall be protected from tracking onto adjacent areas. Do not allow traffic on new asphalt pavement until its mid -depth temperature is below 140º Fahrenheit to minimize the tracking.

A rock dust blotter coat per Section 302-9.7 or a sand coat at a rate of 1-2 pounds per square yard shall be applied to the compacted surface for all areas where tracking is a concern. The application of tracking prevention measures shall be determined by the Contractor.

A haul route for all paving operations shall be reviewed and approved by the City prior to the start of any construction activity. No deviations from the approved haul route shall occur unless approved in writing from the City.

All tracking onto adjacent streets, striping or pavement markings shall be the responsibility of the Contractor. All striping and pavement markings shall be removed and replaced in kind by sandblasting. All tracking onto roadway surfaces may require the use of a street sweeper to the satisfaction of the City.

302-5.7 Joints. – Add the following:

Longitudinal joints shall be trimmed to a vertical face and to a neat line if the edges of the previously laid surfacing are, in the opinion of the Engineer, in such condition that the quality of the completed joint will be affected. Longitudinal and transverse joints shall be tested with a 12’ straightedge and shall be cut back as required to conform to the provisions in Subsection 302-5.6.2 Density and Smoothness for surface smoothness. Connections to exist ing surfacing shall be feathered to conform to the provisions for smoothness.

Longitudinal joints in the top layer shall correspond with the edges of proposed lane striping.

Longitudinal joints in all other layers shall be offset not less than 0.5' alter nately each side of the edges of traffic lanes.

All feathered joints shall be sealed after rolling.

302-5.9 Measurement and Payment. – Add the following:

Reduced payment factors per 302 -5.6.2 will be applied to the Contract Unit Price for lots with a Maximum Theoretical Density less than 91.0 and greater than 97.0 percent.

302-5.10 Hot Asphalt Leveling Course. Areas to receive the Hot Asphalt Concrete Leveling Course shall be determined and defined by the project manager and inspector, and identified to the Contractor in the field. Mix for hot Asphalt Concrete Leveling Course shall be 1/2 inch aggregate, C2, as defined in Section 203-6.4.3.

Areas to receive hot asphalt concrete leveling course shall be areas located near or adjacent to existing curbs and/or gutters that are potholed, or have the lip of gutter higher than the adjacent roadway. Potholes, large c racks, or ruts shall be filled to the surrounding grade elevation and compacted. Hot Asphalt Concrete Leveling Course shall be completed prior to the placement of Type II Slurry Seal, ARAM or resurfacing.

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Prior to placement of asphalt concrete, the surfa ce shall be cleaned and all debris and deleterious materials shall be removed. A tack coat meeting the material and application requirements of Section 302-5.4 Tack Coat, shall be applied prior to placement of hot mix asphalt concrete.

302-5.11 Asphalt Pavement Crack Sealing and Filling. Crack sealing shall only be performed as a repair method for conventional hot mix asphalt pavement (HMA) and not installed at project locations which will have asphalt rubber hot mix (ARHM) used as the overlay material. Crack sealing shall be performed after milling of existing asphalt surface and prior to any leveling course, if necessary.

Right after milling of existing asphalt and before crack sealing or filling, Contractor shall remove any and all weeds that are growing through cracks from the project street located within the pavement or growing between the concrete gutter and the pavement and spray a herbicide mixture of either Hyvar mixed with Roundup or Pramatol mixed with Roundup, or approved equal, at least seven (7) calendar days prior to paving. The herbicide mixture shall contain Blazon, or approved equal, a purple dye to easily confirm the herbicide has been applied. The work shall be approved by the Engineer or his representative prior to paving. Full compensation for plant removal and herbicide treatment shall be considered as included in the unit cost for paving.

The crack sealing material shall be a hot-applied asphalt (Crafco Polyflex or approved equivalent).

The crack sealing material must not be modified or diluted in any way. Pavement cracks larger than 1” wide shall be filled with the mixtures per Specification Section 203 -6.4 Type E (Extra Fine).

A wand and nozzle type applicatio n shall be used to fill all cracks with crack sealing material.

SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION

303-1 CONCRETE STRUCTURES.

303-1.1 General. - Delete the first sentence of paragraph 1 and replace with the following:
“Concrete bridges, culverts, catch basins, retaining walls, abutments, piers, footings, foundations, drainage inlets, head walls, end walls, wing walls, junction structures, transition structures, Redlans Regular Meeting of 09-05-2023
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manholes, and other similar types of portland cement concre te structures shall be constructed to the lines and grades in conformity with the Plans and Specifications.

303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS, AND DRIVEWAYS.

303-5.1.1 General. - Replace the last paragraph with the following:

No PCC shall be ordered and/or placed until the forms and subgrade have been inspected and approved by the Engineer in the field.

All pull boxes, water meter boxes, and water valve covers shall be adjusted to proposed finish grade and approved by the Engineer in the field prior to placement of the PCC.

The Contractor shall barricade and protect placed PCC from all damage, marks, mars, and/or graffiti. Any PCC damaged, defaced, discolored, or defective shall be replaced at the Contractor's expense.

When removals of curb and/or sidewalk are located at curb return, the Contractor shall install access ramps. The Contractor is to construct all access ramps in accordance with American Disability Act (ADA) Standards/California C ode of Regulations Title 24 – Accessibility Regulations. If the ramps constructed by the Contractor are found to be in non -compliance with ADA Standards, the Contractor will be required to remove and replace the ramps to ADA Standards at the Contractor's expense.

303-5.1.2 Drainage Outlets Through Curb. - Add the following paragraph:

Coring shall be required for all drains through existing curbs.

303-5.1.3 Driveway Entrances. – Replace the last paragraph with the following:

Driveway approaches where required, shall be 150 mm (6") thick for single-family residential area, and 200 mm (8") thick for commercial driveway approaches.

303-5.1.4 Walk. The back of sidewalk shall be 2 inches from the street Right-of-Way line unless otherwise specified by the Engineer.

Included in the price of sidewalk construction are retaining curbs. Retaining curbs are needed to retain soils from sloughing and eroding onto the finished sidewalk surface, as a result of grade differentials from existing ground surface to proposed sidewalk surface. Retaining curbs shall be installed when the finished surface is lower than the surrounding grade by 3 inches vertically within 6 inches horizontally. If the vertical difference in elevation is less than 3 inches, the surrounding grade shall be sloped, maximum 2:1 slope, to match the finished elevation. The height of the retaining curb shall be to the height of the existing grade it is retaining. Retaining curbs shall be located within the City’s right-of-way at all times.

303-5.1.5 Access Ramps. Construction of curb ramps shall conform to the Type and Case appropriate for the condition, as specified on the plans and as shown within the 201 2 Standard Plans for Public Works Construction, Plan 111 -5. The Contractor shall be respo nsible to layout the proposed access ramp to comply with the maximum slope indicated on the plans or Standard Plan 111-5. The maximum slope for the ramp shall not be exceeded unless otherwise approved in Redlans Regular Meeting of 09-05-2023
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writing by the Engineer. The Contractor shall remo ve and replace access ramps deemed non- compliant with the plans or Standard Plan 111-5.

For proposed locations adjacent to a cross gutter spandrel, sawcuts along the radius of the curb will not be allowed. The spandrel shall be replaced from expansion joint to expansion joint to the extents of the curb removal. For proposed locations adjacent to curb and gutter, sawcuts along the flowline of the curb will not be allowed. The entire curb and gutter shall be replaced from expansion joint to expansion joint as required. Sawcuts at locations other than the expansion joint will not be allowed unless approved by the Engineer. Curb cuts of the existing curb will not be permitted for installation of proposed ramp. Any deviation from these requirements will result in rejection of all work at this location and shall not be included in progress payment requests until corrected, per direction from the Engineer.

The Contractor shall verify the extents of sawcut and removal for each access ramp taking into account the maximum slope and transition area required. It shall be the Contractor’s responsibility to identify required removal limits, set concrete forms and verify maximum slopes are not exceeded. The Engineer shall be present to verify the concrete forms prior to the placement of the concrete at each location, however this does not alleviate the responsibility of the accuracy of forms or slopes of the access ramp from the Contractor.

Included in the price of access ramps are retaining curbs. Retaining curbs are needed to retain soils from sloughing and eroding onto the finished ramp surface, as a result of grade differentials from existing ground surface t o proposed ramp surface. Retaining curbs shall be installed when the finished surface is lower than the surrounding grade by 3 inches vertically within 6 inches horizontally. If the vertical difference in elevation is less than 3 inches, the surrounding grade shall be sloped, maximum 2:1 slope, to match the finished elevation. The height of the retaining curb shall be to the height of the existing grade it is retaining. Retaining curbs shall be located within the City’s right-of-way at all times.

Access Ramps shall have truncated domes installed in accordance with standard plans and specifications. Truncated domes on new access ramps shall be Armor-Tile, Cast in Place System, or approved equal. Truncated domes installed on existing surfaces shall be Safety Sted TD, or approved equal. Truncated dome panels shall be 36”x48”, inline configuration, with a spacing of

2.35” on center, and Federal Yellow in color.

The access ramp work shall include all related adjustments of pull boxes, pull box covers, s igns, and protection of any underground utilities within the work area. The removal and replacement of up to 5 linear feet of sidewalk on each side of the access ramp shall be included within the cost of the access ramp. The removal and replacement of the sidewalk will allow for transition from the top of ramp to adjacent sidewalk and will be utilized as necessary.

303-5.4.3 Weakened Plane Joints, (a) General. - Add the following paragraph:

All weakened plane joints shall be spaced at a maximum of 3.05 m (10') feet for curbs, gutters, and sidewalks. Scoring lines shall conform to those prevailing in the area and be uniform in spacing.

303-5.5.2 Curb. - Replace the first paragraph with the following:

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PCC for curb and gutter shall be placed within three working days from removal of the existing PCC curb and gutter. The curb and gutter surface shall not vary more than 3 mm (0.01') from a 3 m (10') straightedge except at the grade changes. Prior to the removal of the forms, the surface shall be finished true to grade by means of a straightedge float of not less than 3 m (10') in length, and operated longitudinally over the surface of the concrete. Form clamps shall be constructed so as not to interfere with the operation of the float. The form on the fr ont of the curbs shall not be removed less than one (1) hour, nor more than six (6) hours after the concrete has been placed. In no event shall forms be removed while the concrete is sufficiently plastic to slump. The top and face of the finished curb sh all be true and straight, and top surface of curbs shall be of uniform width, free from humps, sags, blemishes, or other irregularities.

303-5.5.3 Walk. - Add the following paragraphs:

The sidewalk surface shall not vary more than 5 mm (0.02') from the 3m (10') straightedge except at grade changes, and the finished surface shall be free from humps, sags, blemishes or other irregularities. All sidewalks shall be a minimum of 100 mm (4") thick, except at driveways where the sidewalks shall be a minimum of 150 mm (6") thick for single family residential areas and 200 mm (8") thick for all other areas.

303-5.6 Curing. - Add the following paragraph:

Curing compound shall be translucent with red fugitive dye, Type 1, in accordance with Section 201-4 Concrete Curing Compound, of the Standard Specifications.

303-5.7 Repairs and Replacements. - Add the following paragraphs:

In order to minimize vandalism damage to the finished PCC surfaces, the Contractor shall plan his work so that no PCC is poured after 1:00 p.m., unless otherwise authorized by the Engineer in the field.

The Contractor shall barricade and protect placed Portland Cement Concrete from all damages, marks, mars, and/or graffiti. Any Portland Cement Concret e damaged, defaced, discolored, or defective shall be replaced to the satisfaction of the Engineer at the Contractor's expense, and no additional time will be allowed.

Grading, patching, or other remedies to correct the situation will not be accepted unle ss in the opinion of the Engineer the vandalized area is so small that it does not warrant replacement.

Concrete replacement areas shall be from score mark or control joint to score mark or control joint, and full width of the sidewalk. All replacement areas shall be saw cut.

303-5.8 Backfilling and Cleanup. - Add the following paragraph:

A minimum of 300mm (12”) wide full depth asphalt concrete pavement repair patch and an 450mm (18”) wide 1 -1/2” deep grind outside of the trench width is required when cross gutter, spandrel, driveways, curb and gutter is placed adjacent to existing asphalt concrete pavement. The asphalt concrete pavement repair patch shall be placed within two (2) working days after the cross gutters, spandrels, driveways, curb and gut ter are replaced. The asphalt concrete pavement shall be saw cut. All work shall be in accordance with the General Permit Conditions and Trench Specifications, latest edition.

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SECTION 304 - METAL FABRICATION AND CONSTRUCTION

304-3 CHAIN LINK FENCE.

304-3.4 Measurement and Payment. - Delete paragraph 1 and replace with:

Chain link fence will be measured along the horizontal projection line of the completed fence, deducting the widths of gates and openings.

SECTION 314 - TRAFFIC STRIPING, CURB AND PAVEMENT

MARKINGS, AND PAVEMENT MARKERS

314-1 GENERAL. - Add the following paragraphs:

To insure the protection of storm drain inlets, Best Management Practices (BMPs) shall be employed during all striping operations. Refer to Section 7-8.6.

Each storm drain catch basin or storm drain inlet box shall be marked “NO DUMPING - FLOWS TO CREEK.” Two co ats of paint are required. Stencil shall match City’s stencil. Paint and painting shall comply with the specifications.

All street resurfacing work shall include installing fire hydrant pavement markers at all fire hydrant location, whether the pavement markers were existing or not. The pavement markers shall be Type I – Two-Way Blue Retroreflective per Section 214-6 of the Specifications and installed per City’s detail drawing No. 102-0. All work associated with the installation of all new, or replace ment of existing, fire hydrant pavement markers shall be included as noted within the specifications.

314-4 APPLICATION OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS.

314-4.1 General. – Add the following paragraphs:

During construction, if traffic legends or lane striping are removed or paved -over for any reason, they shall be replaced immediately with temporary traffic legends or lane striping as directed by the City, and the Contractor shall place permanent traffic legends or lane striping at the end of the job or on completion of final paving. When permanent items are placed, they shall be complete markings, legends, or striping i.e.: if limit lines are disturbed, they shall be replaced to centerline or from curb to curb, whichever was existing; if a letter in a word is removed or covered, the entire word shall be replaced; and lane striping shall extend 75 feet beyond construction limits. All replacement markings, legends, or striping required to be replaced beyon d the contract limits shown shall be at the cost of the Contractor and shall meet City standards. If existing striping or legends are to be removed on existing surfaces, they shall be sandblasted. Painting over striping or legends in lieu of removal will not be permitted. Pavement striping shall comply with the applicable provisions of Sections 214 and 314 of the Standard Specifications.

Where side streets with existing striping, markings and markers are encountered, striping, markings and markers shall be repainted and replaced for a minimum distance of 15 m (50 feet) from the crosswalk, stop bar or limit line.

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314-4.2 Control of Alignment and Layout.

314-4.2.1 General. - Delete and replace with the following:

The Contractor will be responsible for all layout of all striping. All striping, markings and markers shall be reinstalled in their existing locations unless otherwise shown on the plans. The Contractor shall be responsible to take appropriate measures and record the existing locations.

The Contractor shall verify all dimensions in the field prior to installation of pav ement striping/marking layout ( Cat-Track). Should field measurements differ from the plan, the Contractor shall immediately notify City staff. No Cat-Track marks shall be placed until discrepancies are resolved.

Cat-Track must be approved by City staff prior to the installation of perm anent pavement striping/marking. Contractor shall notify City staff a minimum of 24 hours prior to installation of permanent pavement striping/marking to allow for inspection and approval. If approval of Cat - Track is not obtained by the Contractor, all work required to correct the striping/marking will be at the expense of the Contractor

Cat-Track marks shall be made in chalk. Paint for the purpose of Cat-Track is prohibited. If paint is used, the Contractor must r emove the paint without damaging or visually deforming the pavement surface. If damage or visual deformity within the removal area occurs, in the opinion of City staff , the C ontractor shall grind and overlay the entire segment with no additional compensation. The area of the grind and overlay shall be as required by City staff and shall be a minimum of 0.10’ thickness.

All visible Cat-Track markings after the installation of the permanent striping/marking shall be removed without damage or visual deformity to the pavement surface. Any damage or visual deformity to the pavement shall be remedied as noted above.

314-4.3.5 Application. - Amend the first sentence in paragraph 8 as follows:
“Glass beads shall be applied at a rate of 0.6 to 0.8 kg of beads per liter (5 to 7 pounds of beads per gallon).”

314-6 GREEN BIKE LANE. Green bike lanes shall be installed per plan and conform to the technical specifications included within the contract documents and shall be Streetbond CL or approved equal.

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GENERAL REQUIREMENTS
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COORDINATION OF WORK, PERMITS, AND REGULATIONS 01110-1

SECTION 01110 COORDINATION OF WORK
A. CONFINED WORKING AREA

1. The work occurs in an enclosed channel with ceiling heights ranging from 5.5’-8.5’.

Note that some construction activities may need special planning to complete due to the confined space.

B. UNHOUSED PERSONS ENCOUNTERS

1. Before b eginning work each day, i f any unhoused people are encountered, please contact the City’s Homeless Solutions Coordinator at (909) 761-5196.

2. A police escort will be available if needed upon site investigation.

END OF SECTION
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DESCRIPTION OF WORK 01112-1

SECTION 01112 DESCRIPTION OF WORK

PART ONE -- GENERAL

1.1 SUMMARY

A. The work to be done under this Contract includes the furnishing of project management, labor, materials, tools and equipment for the construction of the Mission Zanja Channel Improvements Proj ect for the City of Redlands, all in accordance with the Contract Documents.

B. The following contract drawings are made a part of these Contract Documents:

Title Sheet No.

Title Sheet & Vicinity Map 1
Mission Zanja Channel Improvements Plan 2
Channel Structure Dimensions 3
Arched Channel Repair and Preparation 4
Semi-Circular Channel Repair and Preparation 5
Trapezoidal Channel Repair and Preparation 6

1.2 GENERAL SCOPE OF WORK

A. Work In This Contract: Work in this Contract includes all labor, materials an d equipment necessary for construction of Mission Zanja Channel Improvements Plan as noted on the Contract Drawings and all other Contract Documents and is summarized as follows:

1. The Work shall consist of furnishing and installing all concrete, formwork, epoxy products, surface preparation for epoxy coating, identifying areas of concrete repair, concrete repair products, and appurtenances; all traffic control (including furnishing and installing all arrowboard s, barricades, signs, delineators, and flagmen); all utility location and verification (excavating, exposing, and verifying top, bottom, and side of utility facilities); all pavement removal and disposal; all earthwork (including shoring, sloping, and back filling including select imported material or s elect native material); compacting; protecting in place or removing and replacing all existing utilities, trees, and public and private improvements; replacing all asphalt concrete pavement including asphalt c oncrete overlays; replacing destroyed survey monuments; disposing of excess soil and rock material and restoring all areas and improvements to pre-construction conditions.

2. The Contractor shall, upon completion of the pipeline construction and appurtenances required herein, initially operate all compon ents of the Contract Work furnished and installed by Contractor, and make any additional adjustments, Redlans Regular Meeting of 09-05-2023
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DESCRIPTION OF WORK 01112-2

corrections, repairs, replacements, and reconstructions necessary to provide the City with complete, correctly operating pipeline and appurtenances.

END OF SECTION
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MEASUREMENT AND PAYMENT 01200-1

SECTION 01200 MEASUREMENT AND PAYMENT

A. Work Listed in the Schedule of Work Items

1. The application for payment will be for a specific item based on the percentage completed or quantity installed. The percentage complete will be based on the value of the partially completed work relative to the value of the item when entirely completed and ready for service.

2. A retention of five percent (5 %) of the value of work completed will be withheld from progress payments. This retention amount will rema in constant throughout the contract period, and will not be payable until the expiration of thirty -five (35) days after the recordation of the Notice of Completion.

B. Work Not Listed in the Schedule of Work Items
The General Conditions and items in the Speci al Provisions, general requirements, and specifications which are not listed in the schedule of work items of the bid form are, in general, applicable to more than one listed work item, and no separate work item is provided therefore. Include the cost of w ork not listed but necessary to complete the project designated in the contract documents in the various listed work items of the bid form.

The bids for the work are intended to establish a total cost for the work in its entirety. Should the Contractor feel that the cost for the work has not been established by specific items in the bid form, include the cost for that work in some related bid item so that the proposal for the project reflects the total cost for completing the work in its entirety.

The Contr actor may experience difficulty in excavation due to rock or unsuitable backfill material throughout the project locations. It shall be the Contractor’s responsibility to identify these areas and account for difficulty in excavation, the need to export ro ck or unsuitable backfill material and the need to import suitable backfill material. There will n ot be additional contract time or additional compensation for any project locations where any of these circumstances occur.

C. Bid Items

1. Mobilization, Bid Item 1
Payment f or Mobilization shall be made at the contract lump sum price and shall constitute full compensation for all labor, material, equipment, and incidentals required within Section 01721 . The bid price shall include, but not limited to, preliminary construction schedule, bonds, insurance, installation and relocation of information signs, shop drawings, catalog submittals and shall constitute full compensation for all labor, material, equipment and incidentals required.

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MEASUREMENT AND PAYMENT 01200-2

Payment for project mobilization shall be made at the time of the first progress payment if all items noted within Section 01721 are completed . The bid price for mobilization shall not exceed 5 percent of the Bid Schedule total price.

2. Erosion Control Plan, Bid Item 2
Payment for Erosion Control Plan shall be made at the contract lump sum price and shall constitute full compensation for preparation and approval, and shall include all labor and incidentals noted within Section 01572.

Payment for the erosion control plan shall be made based on the percentage of project completion to ensure compliance with all requirements. The completeness shall be determined by the Engineer and updated on progress payments.

3. Clearing and Grubbing, Bid Item 3
Item inclu des but is not limited to clearing , grubbing, and remov al of all material and debris.

Payment for site clearing work will be at the lump sum price f or clearing and grubbing.

Payment shall include full compensation for furnis hing all labor , materials, tools, equipment, and incidentals, and for all site clearing as specified herein.

4. Epoxy Coating – Trapezoidal Channel Section, Bid Item 4 Payment for Epoxy Coating shall be made at the unit pr ice from the proposal and shall constitute full compensation for all labor, material, equipment, and incidentals required to furnish and install all items noted within on Sheet 2 and detailed on Sheet 6 of the plan set.

The price shall include, but not be limited to all surface preparation of the channel for epoxy placement, removal of wood slats, blasting steel beams and supports, protection of work area, cleaning, and all items noted on the plans.

5. Epoxy Coating – Semi-Circular and Arched Channel Section, Bid Item 5 Payment for Epoxy Coating shall be made at the unit price from the proposal and shall constitute full compensation for all labor, material, equipment and incidentals required to furnish and install all items noted within Sheet 2, and detailed on Sheet 4 and 5 of the plan set.

The price shall include, but not be limited to all surface preparation of the channel for epoxy placement, blasting, protection of work area, cleaning, and all items noted on the plans.

6. Concrete Walls/Ceiling Repair, Bid Item 6
Payment for Concrete Walls/Ceiling Repair shall be made a t the unit price from the proposal and shall constitute full compensation for all labor, material, equipment, and incidentals required to furnish and install the concrete repair product in place per the plans and specifications.

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MEASUREMENT AND PAYMENT 01200-3

The contractor must identify all areas in need of repair. For Concrete Walls/Ceiling Repair work to be approved for payment, the Contractor shall photo document the repair areas as described within the “Concrete Repair and Epoxy Coating Notes” on Sheet 2 of the plan set.

The price shall include, but not limited to, all work described within the “Concrete Repair and Epoxy Coating Notes” on Sheet 2 of the plan set, any referenced technical guidelines, and shall constitute full compensation for all labor, material, equipment and incidentals required. This item may not be spent entirely.

7. Concrete Floor Repair, Bid Item 7
Payment for Concrete Floor Repair shall be made a t the unit price from the proposal and shall constitute full compensation for all labor, m aterial, equipment, and incidentals required to furnish and install the concrete repair product in place per the plans and specifications.

The con tractor m ust identify all areas th at area in need of repair. For Concrete Floor Repair work to be approved f or payment, the Contractor shall photo document the repair areas as described within the “Concrete Repair and Epoxy Coating Notes” on Sheet 2 of the plan set.

The price shall include, but not limited to, all work described within the “Concrete Repair Notes” on Sheet 2 of the plan set, any referenced technical guidelines, water diversion, and shall constitute full compensation for all labor, material, equipment and in cidentals required. This item may not be spent entirely.

8. Clean, Fill, & Grout Storm Drain Lateral, Bid Item 8 Payment for Clean, Fill, & Grout Storm Drain Lateral shall be per the unit price from the proposal and shall constitute full compensation for all labor, material, equipment and incidentals required to furnish and install all items.

The price shall in clude, but not be limited to all required storm drain investigations, removal/disposal of existing debris, fill, grout, and protection of work area.

9. Demobilization, Bid Item 9
Payment for Demobilization sh all be made at the contract lump sum price and shall constitute full compensation for all labor, material, equipment, and incidentals required within Section 01740.

END OF SECTION
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CHANGE ORDER REQUESTS 01251-1

SECTION 01251 CHANGE ORDER REQUESTS

1.1 GENERAL

A. All quotations for preliminary change orders for extras, changes, additions, or deletions to the Work as described in EXTRA WORK of the GENERAL CONDITIONS shall be submitted to the ENGINEER, in writing, on the Change Order Request (COR) Cover Sheet and the Change Order Cost Summary Form, both attached, and in conformance with the requirements of Section 01254 CHANGE ORDERS. The quotation shall be firm for a period of not less than sixty (60) calendar days from th e date of receipt of the quotation by the ENGINEER. The CONTRACTOR shall submit its written cost quotation and Time Impact Analysis not later than fifteen (15) days after being requested to provide such quotation, unless the ENGINEER allows more time. De lays in submitting quotations beyond the fifteen (15) days set forth herein, which cause a delay in the issuance of a Change Order or a delay to the completion date of the project, shall not be cause for a claim or a time extension under the Contract.

B. The ENGINEER'S request for quotation on a preliminary change shall not be considered authorization to proceed with the changed work prior to the issuance of a final Lump Sum or Time & Material Change Order, unless directed otherwise, in writing, by the ENGINE ER, nor shall such request constitute justification for a delay to the existing Work or a time extension under the Contract.

END OF SECTION

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CHANGE ORDER REQUESTS 01251-2

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CHANGE ORDER REQUESTS 01251-3

Change Order Cost Summary
Project Name :

Change Order Request No. :

Date :

Direct
Labor
Direct
Materials
Direct
Equipment

(1): Lump Sum Work by $0.00 $0.00 $0.00
Prime Contractor
(2): "T&M" Work by $0.00 $0.00 $0.00

Prime Contractor
(3): Subtotal - Direct Work $0.00 $0.00 $0.00

(Prime Contractor)

(4): All Lump Sum Work by $0.00 $0.00 $0.00

subcontractors (any tier)
(5): All "T&M" Work by $0.00 $0.00 $0.00

subcontractors (any tier) Totals
(6): Subtotal - Direct Work $0.00 $0.00 $0.00

$0.00
(all subcontractors)
Add each of the
(3)+(6)=(7): Total - Direct Costs $0.00 $0.00 $0.00
three columns
$0.00
across and enter
to the right.
(8): Markup
(20%
of
direct
labor)
(15% of
direct mat'l)
(15% of
direct equip)

$0.00 $0.00 $0.00 $0.00

(9): Prime Contractor
Markup 10% of line (6) direct sub work up to $5,000

for subcontractors plus 5% of line (6) direct sub work over $5,000

(10): Bonds & Insurance 1% of line (7)
$0.00
all direct work

(11): Additional amount

permitted by Contract

(12): GRAND TOTAL Add sums of lines)
$0.00
(7), (8), (9), (10) and (11)

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CHANGE ORDERS 01254-1

SECTION 01254 CHANGE ORDERS

PART ONE -- GENERAL

1.1 REQUIREMENTS

Payment to the Contractor, or credit to the City, for any change, addition, deletion or extra to the Work, or settlement of any Claim, covered by any Change Order, shall be determined by t he methods set forth herein. The Engineer may change the Plans and Specifications, character of the Work, or quantity of Work provided the total arithmetic dollar value of all such changes, both additive and deductive, does not exceed twenty-five percent (25%) of the Contract Price. Should it become necessary to exceed this limitation, the change shall be by written Supplemental Agreement between the Contractor and the City, which shall be executed by a Change Order.

Unless otherwise stipulated, “Unit Pric es” include all costs necessary to furnish, install and complete the Work. The “Unit Prices” include all direct costs for labor, equipment and materials, all insurance and bond costs, all field and office supervisors and assistants, all onsite project admi nistration, security costs, the cost of small tools and consumables, incidental job burdens, and all general home office expenses and no separate allowance will be made therefor. Assistants to field and office supervisors include all clerical, stenographic, and general office help. Incidental job burdens include, but is not limited to, office equipment and supplies, temporary toilets, telephone, utilities, safety equipment, warning devices, personal protective equipment, and conformance to OSHA requirements. Project administration includes, but is not limited to, review and coordination, estimating, engineering, scheduling, and expediting relative to Change Orders, and updating and furnishing Record Drawings to incorporate changes, schedule update, supervisi on not applied solely to the Work of the Change Order, home office salaries and expenses, and City of Redlands Business Tax.

A. Unit Prices

Unit prices stipulated in the Bid or itemized in the approved Schedule of Values shall be utilized, where they are a pplicable and determined reasonable by the Engineer. In the event that the Change Order results in a change in the original quantity of more than twenty-five percent (25%), either increase or decrease, then either the Engineer or the Contractor may request a review of the unit price to determine if a new unit price shall be mutually determined by negotiation. Any new unit price mutually determined under this Subsection shall only apply to the units in excess of one hundred twenty five percent (125%) of the original quantity for overruns. In case of underruns, the unit price stipulated in the Bid shall be applied to the first twenty -five percent (25%) of the actual quantity of work performed and the new mutually determined price shall be applied to the quanti ty between twenty-five percent (25%) and seventy-five percent (75%) of the original quantity.

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CHANGE ORDERS 01254-2

Renegotiated unit prices or unit prices for new items added to the Contract by Change Order shall be determined in accordance with Subsections B through G.

Whether stipulated in the Bid, itemized in the approved Schedule of Values or renegotiated, the unit prices used for payment constitute the total adjustment with no further costs owed for overhead, impact, profit, delay or impact to unchanged portions of the Contract, or any other reason. The unit price shall be full and final compensation as described in Subsection D.

The cost proposals for renegotiated unit prices shall be presented in accordance with the provisions of Subsections B through G. Should any Bid Item be deleted in its entirety, the amount bid for that bid item shall be subtracted from the total Contract amount. The Contractor shall be paid only for the actual cost incurred prior to the notification of such deletion for that Bid Item.

B. Lump Sum

The Engineer and the Contractor may mutually determine a total sum for the Extra Work . The Contractor shall summarize the total cost and furnish a breakdown of the proposed lump sum costs satisfactory to the Engineer in accordance with Subsections B through G. Such lump sum costs shall be full and final compensation as described in Subsection D. The Contractor’s quotation shall conform to the requirements of Section 01251 - Change Order Requests, and be submitted in the Change Order Cost Summary Form provided (see Attachment 01251-A1). The Change Order Cost Summary Form cannot be used to nullify or supercede any specification or contractual provision.

If the method or amount of payment cannot be agreed prior to performing the Extra Work, the Engineer may unila terally issue a Change Order in the amount determined reasonable by the Engineer for the Extra Work and direct the Contractor to proceed immediately. The Engineer also has the option to issue a Change Order directing the Work be done on a Time and Material s basis with the Contractor providing all labor, equipment, and materials necessary to complete the Work in a satisfactory manner and within a reasonable period of time.

Estimates for lump sum quotations and accounting for Time and Materials work shall be limited to direct expenditures necessitated specifically by the subject Extra Work, and shall be segregated as follows:

1. Labor, up to and including working general foremen, who are directly assigned to the Extra Work . Employees identified as superintendent s or non-working general foremen shall not be charged as labor on Extra Work.

The labor costs shall include actual documented payroll costs including wages, payroll taxes as established by law (i.e., FICA, Federal and State Unemployment Taxes), fringe bene fits as established by negotiated labor agreements, and any insurance costs (such as Worker's Compensation and General Liability Insurance but shall not include Automobile Liability Insurance or any other insurance costs) . A detailed breakdown of those Redlans Regular Meeting of 09-05-2023
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subcomponents of labor costs, by all crafts shall be submitted to the Engineer, by the Contractor and all Subcontractors, for approval, as part of the documentation of labor costs, within ten (10) working days after issuance of the Notice to Proceed. No other subcomponents of labor costs shall be considered, unless approved in writing by the Engineer.

The labor cost is not allowed to be increased by using labor classifications with paygrades higher than necessary to accomplish the Work.

2. Materials: The cost of materials used in performing the Extra Work will be the cost, including sales tax and freight, to the purchaser, whether Contractor, Subcontractor or other forces, from the supplier thereof, except as follows:

a. Cash or trade discounts available to the pu rchaser shall be credited to the City notwithstanding the fact that such discounts may not have been taken by the Contractor.

b. For materials secured by other than a direct purchase and direct billing to the purchaser, the cost shall be deemed to be the pri ce paid to the actual supplier as determined by the Engineer. Supplier markup, except for actual costs incurred in the handling of such materials, will not be allowed.

c. Payment for materials from sources owned wholly or in part by the purchaser shall not e xceed the price paid by the purchaser for similar materials from said sources on contract items or the current wholesale price for such materials delivered to the Jobsite, whichever price is lower.

d. If, in the opinion of the Engineer, the cost of materials is excessive, or the Contractor does not furnish satisfactory evidence of the cost of such materials, then the cost shall be deemed to be the lowest current wholesale price for the quantity concerned, delivered to the Jobsite less cash or trade discount. The City reserves the right to furnish materials for the Work and no claim shall be made by the Contractor for costs and profit on such materials.

e. For the purposes of this Section, a "Supplier" is defined as any person or persons, firm or business, who s upplies materials of construction and/or permanent equipment, but who does not perform any portion of the Work of the Contract on site, for the Contractor, except that labor or labor supervision which may be required by some manufacturers as part of their equipment installation for warranty or other purposes.

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3. Equipment Costs, including ownership, lease or rental costs, as well as operating costs, for individual equipment units whose replacement value is in excess of $500. Transportation and set up costs s hall be included, but only if the equipment is imported to the worksite solely to perform work on the Extra Work described in the Change Order and the Contractor can demonstrate that the changed work cannot or could not be performed economically with equipment already at the site. Equipment costs shall be determined in accordance with the requirements set forth in Subsection G.

4. Small tools, equipment, consumables and incidental costs: No separate payment will be made for the use of small tools or equipment with a replacement value of $500 or less. This applies to tools and equipment owned by the Contractor or its subcontractors of any tier. Also, no separate payment will be made for fuel, lubricants, tool or equipment repairs, tool or equipment maintenance, consumables, drinking water, sanitary facilities or other incidentals. These costs are already included as a part of Markup.

5. Subcontractor Costs, including their overhead and profit, provided that such costs are direct costs to the Contractor for performing the Extra Work as set forth in Subsections B through G.

C. Time and Materials Work

The costs of all Changed/Extra Work submitted under the Time and Materials (T&M) method shall be formulated in accordance with the provisions of Subsections B through I.

Unless otherwise stipulated on the Change Order, the “Not -to-Exceed” amount for all T&M Change Orders is $ 10000. The Contractor is responsible for tracking costs and for notifying the Engineer in writing when costs approach 50% and 75% of the “Not-to-Exceed” amount. In addition, if the Changed/Extra Work cannot be completed within the “Not -to-Exceed” limit, the Contractor shall notify the Engineer in writing, and in a timely manner, that the limit requires an increase.

The City will only reimburse eligible costs up to the “Not-to-Exceed” amount.

The Contractor shall notify the Inspector at the beginning of each day when Changed/Extra Work is being performed. The Contractor shall notify the Inspector of the Changed/Extra Work being performed and describe t he personnel involved, whether by Contractor forces or by its subcontractors at any tier. Failure to notify the Inspector prior to the start of Changed/Extra Work serves as the Contractor’s waiver to claim for compensation on that day.

For each working da y, the Contractor shall submit a “Daily Extra Work Report” (DEWR) to the Inspector. The “Daily Extra Work Report” shall summarize labor, Redlans Regular Meeting of 09-05-2023
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equipment and materials supplied. The Inspector will only consider Forms that are properly completed as described below.

1. Separate forms must be used for labor and for equipment/materials.

2. Labor, equipment, material or expenditures that are not included on The DEWR are ineligible for payment. There will be no exceptions to this requirement. It is the responsibility of t he Contractor to include any and all items of labor, equipment, or material for which it requests compensation for each day’s work completed.

3. Information required on the Labor form shall include name of personnel, personnel classification, and only the nu mber of hours worked on Changed/Extra work for the day being reported. Since the overhead allowance already includes all necessary supervision, any hours for additional supervision or non -working foremen are ineligible for additional payment. The premium pay for a general foreman is eligible for payment only if the general foreman is a working foreman and a general foreman was required by a Union Labor Agreement or otherwise approved by the Inspector. The general foreman rate is eligible for payment only during the time that a general foreman was required for the Changed/Extra Work.

4. Information required on the Equipment/Material shall include Contractor - owned equipment and/or tools, and rented equipment or tools for which compensation is requested. Informat ion shall include the type of equipment, size of equipment, equipment identification number, appurtenances, and only the number of hours worked on the Changed/Extra work.

5. The only allowable materials are materials delivered to the job site and/or incorporated only into the Changed/Extra work. The allowable materials shall be listed on the T&M sheet for the day that they are delivered to the job site and/or incorporated into the Changed/Extra work.

6. Delivery ticket(s) and/or bill(s) of lading for rental equ ipment and/or tools delivered to the site and/or material incorporated into the work for the day being reported must be attached with the T&M sheet for that day. No payment will be allowed for materials and/or rented equipment unless receipt(s) or bill(s) of lading is attached. If the request for payment is not substantiated by original vendor/supplier invoices, acceptable copies of original invoices, or other documentation acceptable to the Inspector, the City may establish the cost of the item(s) at the l owest possible wholesale price or rental rate applicable while the work was being performed.

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7. Failure to submit the required “Daily Extra Work Report of Time and Material Work” by the close of the next working day shall waive all rights for that day unless otherwise approved by the Inspector. Work that cannot be substantiated by a “Daily Report”, approved and signed by the Inspector, is ineligible for payment.

8. The Contractor is responsible for preparing the “Daily Extra Work Report” for work by its Subcon tractors and submitting the Forms to the Inspector on time.

9. The Contractor must have each “Daily Extra Work Report” verified by the Inspector. After the “Daily Extra Work Report” is approved by the Inspector, both the Contractor and Inspector sign the rep ort. The original “Daily Extra Work Report” is retained by the Inspector with a copy provided to the Contractor.

10. When the “Daily Extra Work Report” is signed by the Inspector and the Contractor, it is binding on the Contractor and its Subcontractors.

11. When agreed to by the Inspector, the Contractor may submit a supplemental “Daily Extra Work Report” for labor, materials, or equipment for which the Contractor requests compensation but failed to list on the original daily report.

a. These supplemental forms shall be marked “SUPPLEMENTAL”.

b. Unless otherwise approved by the Inspector, the supplemental forms may only be submitted for approval up to two (2) working days following the date when the work was performed.

No payment will be allowed for labor, materials , or equipment included on T&M sheets not signed by the Contractor and the Inspector. Payment will not be allowed for labor, materials, or equipment included on T&M sheets signed by anyone other than the Inspector or the Inspector’s immediate supervisor.

D. General

It is the intent of the City to settle all Change Orders full and final at the time the Change Order is issued. Therefore, the following paragraph shall be made a part of all Change Orders, whether included or not on the actual change order:

“The compensation (time and cost) set forth in a Change Order comprises the total compensation due the Contractor, all Subcontractors, and all Suppliers, for the Work or change defined in the Change Order, including impact on unchanged work. By signing the Change Order, the Contractor acknowledges and agrees on behalf of himself, all Subcontractors, and all Redlans Regular Meeting of 09-05-2023
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Suppliers, that the stipulated compensation includes payment for all work contained in the Change Order, plus all payment for the interruption of schedules, extended field overhead costs, delay, and all impact, ripple effect or cumulative impact on all other work under this Contract. The signing of the Change Order indicates that the Change Order constitutes full mutual accord and satisfaction for the change, and that the time and/or cost under the Change Order constitutes the total equitable adjustment owed the Contractor, all Subcontractors, and all Suppliers as a result of the change. The Contractor, on behalf of himself, all subcontractors, and all Suppliers, agrees to waive all rights, without exception or reservation of any kind whatsoever, to file any further claim related to this Change Order.

No further claim or request for equitable adjustment of any type for any reasonably foreseeable cause shall arise out of or as a result of this Change Order or the impact of this Change Order on the remainder of the Work under this Contract.”

Costs which shall not be paid in Change Orders under this Contract include, but are not limited to, interest costs of an y type; claim preparation or filing costs; legal expenses; the costs of preparing or reviewing proposed Change Orders or Change Order proposals; lost revenue; lost profits; lost income or earnings; rescheduling costs; costs of idled equipment when such equ ipment is not at the site or has not yet been employed on the Work; lost earnings or interest on unpaid retainage; claims consulting costs; and the costs of corporate officer or staff visiting the site; any compensation due to the fluctuation of foreign cu rrency conversion or exchange rates; loss of other business; changes in taxes or increased tax rates of any kind or any costs identified as unallowable under the provisions of the Federal Acquisition Regulations.

Extensions of time shall be based solely upon the effect of delays to the Work as a whole. Extensions of time shall not be granted for delays to the Work, unless the Contractor can clearly demonstrate, through analysis of the current updated schedule, that the delay to the Work as a whole arose or will arise from causes other than normal weather, beyond the control and without fault or negligence of the Contractor, or any Subcontractor, at any tier, and that such delays did or will, in fact, delay the progress of the Work as a whole. The Contractor shall not be entitled to a time extension unless it submits a Time Impact Analysis which is a calculation of the extent of the delay to the end date of the Work and which shows that the Work has been or will be extended beyond the current Contract completion date. A Time Impact Analysis is a scheduling procedure which utilizes the networking techniques (fragnets) and a written analysis of the facts associated with the alleged delay to demonstrate the effect of the alleged delay on the critical path of the schedule. A "fragnet" is defined as a sequence of new activities and/or activity revisions that are proposed to be added to the existing current updated schedule to demonstrate (mathematically and graphically) the influence of the alleged delay on the end date of the Work and shall be the sole method for incorporating delays and impacts into the schedule. The objective of a Redlans Regular Meeting of 09-05-2023
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Time Impact Analysis is to pinpoint, isolate, and quantify all time impact associated with a specific issue and determine its time rela tionship to past or current delays. Time extensions shall not be allowed for delays to parts of the Work that are not on the critical path of the currently approved monthly updated project schedule. Time extensions shall not be granted, nor delay damages o f any kind whatsoever paid to the Contractor, until all available float, slack, or contingency time on the project is used and the end date of the Work is moved beyond the current, adjusted Contract completion date.

The cost summary, cost breakdowns and r equests for cost reimbursement submitted by the Contractor (for delay, disruption, hindrance and interference associated with the changes, additions, deletions or extras) shall be itemized in a manner that, with mathematical certainty and without reliance upon probabilities or inferences, segregates the direct, actual reimbursable costs associated with each individual, change, addition, deletion, extra and (on an event -by-event basis) each individual delay or disruption event. Such cost summaries, breakdown s or requests shall not be based, in whole or in part, upon any methodology (such as “total cost” or “modified total cost” methodologies) that purports to calculate the Contractor’s additional costs of performance of the extra, change, addition or deletion (including without limitation the additional costs of delay, disruption or other impact) based on the difference between Contractor’s total actual Project or line item costs (with or without fee) and its original bid estimate for the Project or any original bid estimate line item. In connection with the foregoing, Contractor represents and warrants that it has the ability to generate and maintain complete and accurate cost accounting records that will reflect (i) the actual costs incurred or saved for each individual item of Extra Work, change, addition, deletion (including without limitation any costs of associated delay, disruption, interference, hindrance and the cumulative impact of each extra, change, addition, deletion on other parts of the Work); and , (ii) on an event -by-event basis, the effect of each delay or disruption that forms the basis of each request for extension of time, regardless of their scope, number, complexity, cumulative effect, or time of issuance or occurrence.

Except as provided i n Section 6 -6 of the General Conditions, Contractor shall have no right to recovery of any compensation, costs, expenses or damages resulting from delay, disruption, interference, or hindrance in the performance of the Work (including without limitation in terruption of schedules, excess or extraordinary extended field and indirect overhead costs, loss of productivity and the impact, ripple or cumulative effect on other Work).

Contractor waives any claim or rights and remedies based on abandonment, quantum merit, rescission or other similar legal theory by reason of any of the following circumstances, which the Contractor acknowledges and agrees are within the reasonable contemplation of the parties: (i) changes, additions, deletions and extras to the Work a fter execution of the Contract and issued from time to time throughout the period of construction, regardless of their scope, Redlans Regular Meeting of 09-05-2023
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number, cumulative value, or complexity, to correct errors, omissions, conflicts, and ambiguities in the Contract Documents, or to implement discretionary changes to the scope of Work requested by the City; (ii) the issuance and performance of changes, additions, deletions and extras in a manner that is not in sequence with the as -built or as -planned progress of the Work; (iii) chang es due to Differing Site Conditions; (iv) suspensions of the Work or parts thereof, or limitations on access to portions or all of the Work, for the convenience of City or in the interests of the Project; (v) delay or disruption to the Work due to failure of the City, Engineer or Inspector to timely perform any contractual obligation.

E. Markups – Overhead and Profit

1. In addition to the direct expenditures specified for labor, materials and equipment in Subsection B, a lump sum will be paid for all overhea d and profit, including: All insurance costs other than specifically mentioned in this Section, all field and office supervisors and assistants, all onsite project administration, security costs, the cost of small tools and consumables, incidental job burdens, and all general home office expenses and no separate allowance will be made therefor. Assistants to field and office supervisors include all clerical, stenographic, and general office help. Incidental job burdens include, but is not limited to, office equipment and supplies, temporary toilets, telephone, utilities, safety equipment, warning devices, personal protective equipment, and conformance to OSHA requirements. Project administration includes, but are not limited to, review and coordination, esti mating, engineering, scheduling, and expediting relative to Change Orders, and updating and furnishing Record Drawings to incorporate changes, schedule update, supervision not applied solely to the Work of the Change Order, home office salaries and expenses, and City of Redlands Business Tax. Such lump sum shall conform to the following schedule of percentages of the total amount of direct expenditures of the Contractor and subcontractors.

(a) Work by Contractor. The following percentages shall be added t o the Contractor’s costs and shall constitute the markup for all overhead and profits:
1) Direct Labor 20%
2) Direct Materials 15%
3) Direct Equipment 15%

(b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontracto r, the markup established in (a) shall be applied to the Subcontractor’s actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor.

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2. Bonds and Insurance

An additional allowance of one percent (1%) of all direct costs (less markup) is allowed.

3. Add/ Deduct Changes

The overhead rates determined above shall be appli ed to all additive Change Orders, except those utilizing as -bid Unit Prices listed in the Bid Proposal.

Any change in the Work involving both extras and credits shall show a net total cost, including subcontracts. Allowances for overhead and profit to the net total cost, as specified herein above, shall be applied if the net total cost is an extra; overhead and profit allowances shall not be applied if the net total cost is a credit. The estimated cost of deductions shall be based on labor and material prices on the date the Contract was signed.

4. When all or any part of the extra work is performed by a Subcontractor, the markup established in subsection 1.1.E.1 shall be applied to the Subcontractor’s actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor.

F. City Furnished Materials, Equipment and Services

The Engineer reserves the right to furnish materials, equipment and services deemed expedient for use on the Changed/Extra Work. The Contractor shall have no claim for profit or overhead on the cost of such materials, equipment and services.

G. Equipment Costs

The rates for rental or leased equipment shall not exceed the rates listed in the Caltrans Labor Surcharge and Equipment Rental Rates (Caltrans LS&ERR). For T&M Change Orders, the rates are established by the actual paid invoice(s) that comply with t he requirements of Subsections G.1 and G.3. Owned equipment costs shall not exceed the rates established by Subsection G.2. The most recent published edition in effect at the commencement of actual equipment use shall be used.

The rates paid for any rented or leased equipment or tools shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance and all incidental costs associated with the operation of the equipment or tools.

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It is the responsibility of the Contractor to include any appurtenances added to equipment which would increase the basic rate for said equipment (i.e., hoe -ram, oversize bucket, and etcetera ) as established in the acceptable renta l rate guide.

All equipment and/ or tools shall be acceptable to the Inspector, in good working condition, suitable for the purpose for which it is to be used, and necessary to complete the Changed/Extra Work. Payment will be based on the manner in which t he equipment was actually powered, operated and modified per the equipment manufacturer’s recommendations.

1. Rented or Leased Equipment

For equipment rented or leased (including lease with purchase option) in arm's length transactions from outside vendors, the Contractor shall be paid the actual invoiced, rented or leased rates provided that the invoiced lease or rental rates do not exceed the rates set forth in the Caltrans LS&ERR. Arm's length rental or lease transactions are those in which the firm involved in rental or lease of such equipment is not associated with, owned by, have common management, directorship, facilities, or stockholders with the firm renting the equipment. Submittal by a Contractor of a rental or leased invoice from the lessor will b e prima facie proof of compliance with the above. However, such invoices are not conclusive proof; if questioned, the burden of proof remains with the Contractor. In no event shall the leased equipment rate billed to the City be at rates exceeding those prescribed in the following table:

Actual Usage (Change Order
& Contract Work Combined) Payment Category
Less than 8 hours Hourly Rate
8 or more hours but less than 7 days Daily Rate
7 or more days but less than 30 days Weekly Rate
30 calendar days or more Monthly Rate

a. When in Use:

Actual equipment use time documented by the Inspector shall be the basis that the equipment was utilized on the changed work and paid for under the Change Order. In addition to the lease or rental rate, equipment -operating costs shall not exceed the estimated hourly operating rate as set forth in the Caltrans LS&ERR . The hours of operation shall be based upon actual equipment usage on the changed work as recorded by the Inspector. For multiple shift work sequences , the allowable equipment rate shall not exceed fifty percent (50%) of the base rate, for second or third shifts.

b. When Idle:

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Idle equipment is equipment on site and necessary to perform the Work under the change but not in actual use due solely to the impact of the changed work. Equipment operating costs due to idle time, documented by the Inspector, shall be paid at the rate determined in “G” (1) above. Idle time shall include a reasonable time allowance to and from the project site.

Payment for equipme nt or tools shall be limited to hours actually worked on the Changed/Extra Work if the equipment or tool is already on site for Work under the original Contract. No “standby” time will be paid for equipment already on site for Work under the original Contract.

If equipment or tools are used intermittently and, when not in use, could be returned to the rental source at less expense than holding it at the work site, it shall be returned, unless the Contractor elects to keep it at the work site at no expense to the City.

2. Owned and Other Equipment

Equipment rates for owned equipment or equipment provided in other than arm's length transactions shall not exceed the total hourly costs as set forth in the Caltrans “Labor Surcharge and Equipment Rental Rates” effective at the time the work is performed. (The Cal trans equipment rental rates are available on the internet at
http://www.dot.ca.gov/hq/construc/equipmnt.html.) If the equipment is not listed in Cal trans LS&ERR, then the Rental Rate Blue Book shall be used. When using the Blue Book, the hourly rate for any period less than 7 days shall be the weekly rate divided by 40, plus the Operating Cost.

Except as noted herein below, this equipmen t hourly rate plus the estimated operating cost per hour from the Blue Book will be paid for each hour the equipment actually performs the Extra Work. Daily records listing the equipment units and their respective operators, identification code, and actual usage on the Work under the Change Order, as certified at the end of each work day (or work shift if the Work is being performed in multiple work shift sequence) by the Inspector shall be the record upon which actual equipment use shall be based. For mult iple shift work sequences, the Caltrans overtime factor shall be applied (When using the Blue Book one -half the Non -Operating Cost will be deducted for second and third shifts. The Non -Operating Costs are the Blue Book monthly or weekly/40 rates, as appli cable.). It is agreed that this rate shall represent payment in full for all the Contractor’s direct costs.

a. When Idle:

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Payment for equipment necessary to be on the site to complete the Work, but not in actual use due solely to the impact of the changed work, shall be paid per the table in Cal trans Standard Specifications Section 9-1.03A(3b), provided that its presence and necessity on the site has been documented by the Inspector, and further provided that the equipment was idled solely by actions of the City. Idle equipment time will only be paid as a function of delays specifically directed or caused by the City's actions. In no event shall the idle time claimed in a day for a particular piece of equipment exceed the normal work schedule established for the project - usually eight (8) hours per day or forty (40) hours per week, and excluding Saturdays, Sundays, and holidays. For multiple shift work sequence, the allowable idle equipment rate shall not be allowed, for second or third shifts. It is agreed t hat this rate shall represent payment in full for all the Contractor’s direct costs.

3. Equipment Haulage and Set Up Costs

Documented and actual equipment haulage and set up costs shall be paid for, if applicable as set forth in Subsection B.3.

4. Other Equipment Cost Guides

In the event that a piece of equipment used on a Change Order is not listed in Caltrans or the Blue Book, costs may be derived from the Associated General Contractor’s of America Equipment Ownership Guide, the Associated Equipment Dealers Guide, or the Equipment Rate Guide published by the U.S. Army Corps of Engineers as adjusted appropriately for the type of work and use and the regional area of the Work under this Contract.

H. Records

At any time should the Contractor deviate substantially from the schedule, method and sequence of operation, equipment, cost or pricing data furnished by the Contractor and agreed to by the City in connection with the Change Order or should the City determine that any price negotiated in connection with the Change Order is defective due to such deviation or the fault of the Contractor, the City reserves the right to reduce the Change Order cost and reissue the Change Order at the amount in which the City determines to be the actual costs to complete the change.

Whenever any material or process is indicated or specified by patent or a proprietary name, or by name of a manufacturer in the Change Order, such direction shall not relieve the Contractor’s responsibility or obligation to perform Redlans Regular Meeting of 09-05-2023
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work in accordance with the contract requirements. The Contractor shall be solely responsible for, and have control over construction means, methods, techniques, sequences and procedures, coordination of all portions of the contract and Change Order work.

The Contractor shall on a weekly basis submit an approximate accounting of the amount expended on the Time and Materials work to date and an estimate of the Impact to the time of performance of work.

I. Partial Payments for Time and Materials Work.

Progress payments for Time and Materials work shall only be made if the anticipated cost of the changed work is in excess of $ 50,000 and/or the time to perform the changed work will exceed two (2) months duration. To receive payments for Time and Materials work, the Contra ctor shall submit to the Engineer an invoice of the daily reports which were verified by the Inspector, with details and documents, verifying the Contractor’s and Subcontractor's actual costs incurred for the Time and Materials work as set forth in Subsect ions B through H. Costs shall be submitted within thirty (30) calendar days after the T&M work has been satisfactorily completed unless an extension of time for submittal is authorized in writing by the Inspector.

END OF SECTION
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SECTION 01298 SCHEDULE OF VALUES

1.1 GENERAL

A. The Schedule of Values shall be used as a basis for determining progress payments on a lump sum contract or any designated lump sum bid item. The Schedule of Values shall be a schedule of cost loaded construction activities equal, in total, to the lump sum bid and shall be in such form and sufficient detail to correctly represent a reasonable apportionment of the lump sum. Prior to submitting an invoice for payment, the CONTRACTOR shall have submitted a detailed Schedule of Values and obtained approval from the ENGINEER.

B. Each lump sum bid item on the Schedule of Work and Prices, as set forth in the Bid must be broken down separately. The breakdown of each lump sum bid item must cover the cost of construction req uired by the contract documents for that item. The sum of the values for the construction activities, within a bid item, must equal the total bid amount for that item. The breakdown shall include subcontract amounts which shall not deviate from the amoun ts submitted in the Bid Proposal. The CONTRACTOR shall provide certification from the Subcontractors certifying the subcontract amounts.

C. Each activity in the Schedule of Values shall delineate one construction activity.

For example, th e placement of co ncrete between construction joints, the construction of an electrical duct bank or pipeline between points A & B. The costing for each activity should include all costs for the labor and materials or equipment required to complete the activity. For exam ple, concrete construction activities should include all costs for the forming, placing of reinforcement, placing concrete and curing. The cost for pipeline construction activities should include materials, equipment and installation including pipeline su pports or thrust blocks. The excavation and backfill for a pipeline or structure may be separate activities. The Contract Price breakdown shall include the itemized costs for the plant establishment and any maintenance services to be performed before the final project acceptance is made. No non-construction activity shall be cost loaded.

D. The CONTRACTOR shall use cost loaded construction activities from the Construction Schedule as a Schedule of Values. Each construction activity shall be encoded to its bid item and a sort provided for each bid item totaling the cost loaded amount. The total of the Cost Loaded amounts for each bid item shall equal the amount bid for that item. The total of the Schedule of Values shall equal the current Contract value at all times. At any time during the progress of the Work of the Contract the INSPECTOR reserves the right to review the cost loading of the Schedules of Values and direct necessary revisions. When requested by the INSPECTOR, the CONTRACTOR shall provide a ll information necessary to substantiate the cost loading.

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E. Attached are samples of the Schedule of Values. The City will provide project specific Schedule of Values for the CONTRACTOR to use throughout the project at the Preconstruction Meeting. The S chedule of Values must be used by the CONTRATRACTOR at the time of each progress payment.

END OF SECTION

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SECTION 01321 CONSTRUCTION SCHEDULE

1. THE REQUIREMENT

A. It is expressly understood and agreed that the time of beginning, the rate of progress, and the time of completion of the Work are of the essence of this Contract.

B. The CONTRACTOR’S representative in charge of scheduling is required to attend all meetings pertaining to scheduling and progress of the Work.

C. The CONTRACTOR shall submit to the ENGINEER 3 hard copies and the electronic file of the CONTRACTOR'S Construction Schedule (the schedule) at the time of the preconstruction meeting. The schedule shall be either a Critical Path Method (CPM) Network or a detailed Bar Chart with the critical path clearly shown. If the CPM network option is used, then Primavera Project Management or Microsoft Project shall be the scheduling software. If a detail Bar Chart is used, Microsoft Excel shall be the software utilized. The schedule shall include the following:

1. Activity ID,

2. Activity Description,

3. Start date for each activity,

4. Finish date for each activity,

5. Original duration,

6. Predecessor,

7. Successor,

8. Percent Complete,

9. Remaining Days.

A minimum of seven (7) calendar days for review of each schedule. Schedule activities shall be of sufficient detail to assure adequate planning has been done for proper execution of the Work and such that, in the sole judgement of the ENGINEER, it provides an appropriate basis for monitoring progress. The schedule shall begin with the date of issuance of the Notice to Proceed and conclude with the date of Final Completion shown in the Contract. Submittal and approval of the schedule in accordance with the requirements of this Section is a condition precedent to the issuance of any payments under this Contract. Once the schedule is approved it will become the baseline schedule and must be shown and compared on all subsequent schedule submittals.

D. Float, slack time, or contingency within the schedule (i.e., the difference in time between the project's early completion date and the required Contract Completion date), and total float w ithin the schedule, is not for the exclusive use of either the CITY or the CONTRACTOR, but is a jointly owned expiring resource available to and shared by both parties. Pursuant to this float sharing requirement, use of Redlans Regular Meeting of 09-05-2023
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float suppression techniques shall be cause for rejection of the schedule and any revisions or updates.

E. Time extensions shall not be granted nor delay damages paid until a delay occurs which is beyond the control and without the fault or negligence of the CONTRACTOR and its Subcontractors or Suppliers, at any tier , and which extends actual performance of the Work beyond the current Contract completion date and the complet ion date projected by the current, approved, updated schedule. If the delay occurs along a path , which the current appr oved Construction Schedule update projects late completion prior to addition of any CITY caused delay, then the time extension allowed will be only for the additional delay demonstrated by the approved Time Impact Analysis. Time extensions shall be grante d only if they are clearly demonstrated by the CONTRACTOR through the submittal, within seven (7) calendar days after the delay occurs, of a Time Impact Analysis which demonstrates the estimated impact on the end date of the Work; is based upon the updated Construction Schedule current as of the month the delay occurred; and demonstrates that the delay cannot be mitigated, offset, or eliminated through such actions as revising the intended sequence of Work or other means.

If a time extension if granted b y the CITY, the updated schedule reflecting the change shall become the baseline and be reflected schedule and must be shown and compared on all subsequent schedule submittals.

Since float time within the Construction Schedule is jointly owned, it is acknowledged that CITY caused delays on the project may be offset by CITY caused time savings (e.g. critical path submittals returned in less time than allowed by the Contract or approval of substitution requests which result in a savings of time to the CONTR ACTOR). In such an event, the CONTRACTOR shall not be entitled to receive a time extension or delay damages until all CITY caused time savings are exceeded and the Contract completion date is also exceeded.

F. If the initial schedule submitted shows comp letion of Work more than thirty (30) calendar days in advance of the Contract completion date, the ENGINEER may, at no cost to the CITY, decrease the Contract duration by issuance of a Change Order which changes appropriate Milestone Date(s) and the Contra ct completion date to the completion date reflected on the schedule. Any approved schedule, revision, or update having an early completion date shall show the time between the early completion date and the Contract completion date as "project float".

G. Comments made by the ENGINEER on the schedule during review will not relieve the CONTRACTOR from compliance with all requirements of the Contract. The ENGINEER may request that the CONTRACTOR and all major Subcontractors (defined herein as being any Subcontr actor, Sub-Subcontractor, or Supplier with five (5) percent or more of the value of the Contract) participate in Redlans Regular Meeting of 09-05-2023
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review of any schedule submission. All revisions shall be submitted within seven (7) calendar days after the ENGINEER’S review.

H. Two copies of an updated schedule shall be submitted to the ENGINEER for approval with the submittal of each CONTRACTOR'S monthly payment request or the monthly payment request will be withheld . For those activities started but not yet completed at the time of submitt al, the updated schedule shall reflect the percentage complete, as agreed between the CONTRACTOR and the INSPECTOR, and an estimate of the remaining duration. The monthly update of the schedule shall include an updated bar chart with logic arrows or netwo rk diagram and include the same additional data as required by Section 1.C. If the CPM network option is used, the schedule shall be calculated using remaining durations and the progress override option. The monthly update shall also include a complete, hard copy list of all the changes made from the previously approved submittal. If the schedule is done using Primavera, use a Claim Digger report for the list of changes.

I. The submittal of an updated schedule which meets the requirements of this Section, accurately reflects the status of the Work (for all previously accepted activities), and incorporates all approved changes into the schedule, shall be a condition precedent to the processing of the monthly payment application. (Actual and/or forecast date s for status of additional submittal cycles shall be added without the prior approval of the Engineer.) Updated schedules shall also be submitted at such other times as the ENGINEER may direct. Upon approval of a Change Order or issuance of a notice to proceed with a change, the approved change shall be reflected in the next schedule update.

J. If completion of any part of the Work, delivery of equipment or materials, or submittal of CONTRACTOR submittals is behind schedule and will impact the end date o f the Work, the CONTRACTOR shall submit a written recovery plan acceptable to the ENGINEER for completing the Work by the current Contract completion date, if requested by the ENGINEER.

K. As a condition precedent to the release of any retained funds, the CONTRACTOR shall, after substantial completion of the Work has been achieved, submit a certified, final schedule which accurately reflects the manner in which the project was constructed and includes actual start and completion dates for all activities on the schedule.

END OF SECTION
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CONSTRUCTION PROGRESS PHOTOGRAPHY 01322-1

SECTION 01322 CONSTRUCTION PROGRESS PHOTOGRAPHY

1.1 GENERAL

A. Required: Provide photographs taken at the Jobsite at the specified stages of Contracted Work in accordance with provisions of this Section.

1. The Contractor shall provide the City with photos with stationing identifying each repair location , and the direction the photograph was taken (facing North, South etc).

2. Take first photographs just before CONTRACTOR starts any work operations at the Jobsite.

3. Take final photographs when all Contracted Work has been completed, regardless of time interval since previous photographs were taken.

1.2 SUBMITTALS

Except as otherwise directed by the ENGINEER, submit all photographs electronically on a CD/DVD or USB organized by phase of construction and location.

1.3 QUALITY ASSURANCE

Photographs and prints to be of professional quality; clear, in focus, with high resolution and sharpness, and with minimum distortion.

END OF SECTION

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CONSTRUCTION STATUS REPORTS 01323-1

SECTION 01323 CONSTRUCTION STATUS REPORTS

1.1 REQUIREMENTS

A. Daily Status Report

The Contractor shall complete a daily report indicating manpower, major equipment, subcontractors, unusual occurrences and etc., involved in the performance of the work. The dail y report shall be completed on forms prepared by the Contractor and approved by the City and shall be submitted to the Project Manager at the conclusion of each work week.

The Contractor shall also have workers on the project sign in and out each day on the City of Redlands Daily Sign In Sheet which shall state the name, times in and out and the work performed by each worker on the project each day. The completed Daily Sign In Sheets shall be submitted to the City of Redlands Project Manager at the end o f each work week. Failure to submit daily reports and daily sign in sheets to the Project Manager on a weekly basis will result in a possible and temporary suspension of work until reports are submitted.

B. Weekly Status Report

During the construction phas e of the Work, the CONTRACTOR shall submit weekly written status reports to the ENGINEER and the INSPECTOR. The report shall contain a record of inspections and tests, not performed by CITY forces, for all Work accomplished subsequent to the previous repo rt and shall include the following information:

1. Type of work under way during the time frame of the report (e.g., earthwork, concrete work, structural steel erection, equipment manufacturing, component installation).

2. Inspections and tests, and location of inspections and tests that were made.

3. Results of inspections.

4. Reports of tests performed, including those specified, with the results of the tests, and acceptance criteria, including failures and remedial action to be taken. Test results, including al l computations, shall be attached to the report form. Where test results cannot be completed by the time the report is submitted, a notation shall be made that the test was performed, including the approximate expected date that test results will be reported.

5. Report of any nonconforming items/activities. Nonconformance report forms designed solely for this purpose shall be utilized.

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6. Results of inspections of material and equipment done upon their arrival at the Jobsite and prior to their incorporation i nto the Work. This includes, but is not limited to, compliance with approved submittals, damage, and proper storage requirements.

7. Offsite quality control activities.

8. Instructions received from the ENGINEER or INSPECTOR.

9. In all cases, the report must be verified and signed by the CONTRACTOR'S representative. The verification is to contain the statement that all supplies and materials incorporated in the Work are in compliance with the terms of the Contract except where noted.

C. 3 Week Look Ahead Schedule

During the construction phase of the Work, the CONTRACTOR shall submit 3 Week Look Ahead reports to the ENGINEER at the weekly progress meetings or as directed by the ENGINEER. The report shall include the following information:

1. Type of work under way during the time frame of the report (e.g., earthwork, concrete work, structural steel erection, equipment manufacturing, component installation).

D. Miscellaneous Submittals

CONTRACTOR shall prepare a Daily Construction Report recording the following information concerning events at the job-site and submit original copies to the ENGINEER at weekly intervals for approval:

1. List of Subcontractors and Sub -Subcontractors at the site , types of works and job location.

2. Count of CONTRACTOR’S personnel at the site , name, type of work , hours completed and job location.

3. Construction equipments at the site.

4. High and low temperatures, general weather conditions.

END OF SECTION

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SUBMITTALS 01330-1

SECTION 01330 SUBMITTALS

1.1 THE REQUIREMENT

A. The CONTRACTOR shall furnish a schedule and list of all required submittals to the ENGINEER, including required submittals by all Subcontractors.

B. Wherever called for in these Specifications or on the plans, or whe re required by the ENGINEER, the CONTRACTOR shall furnish to the ENGINEER for review, two (2) hard copies and one electronic (PDF) copy of each submittal.

The term "submittal" as used herein shall be understood to include detail design calculations, desig n drawings, shop drawings, fabrication and installation drawings, erection drawings, lists, graphs, operating instructions, catalog sheets, data sheets, samples, and similar items. Unless otherwise required, said submittals shall be submitted to the ENGIN EER at a time sufficiently early to allow review of same by the ENGINEER and to accommodate the rate of Construction Progress required under the Contract without delaying the Contract Work and with due regard for the possibility of resubmittals. All submittals shall be in English.

C. All design or shop drawings or other submittals shall be accompanied by a transmittal form for each submittal . Any submittal not accompanied by such a form may be returned, at the ENGINEER'S discretion, for resubmittal.

D. Normally, a separate transmittal form shall be used for each specific item or class of material or equipment for which a submittal is required. Transmittal of a submittal of various items using a single transmittal form will be permitted only when the items tak en together constitute a manufacturer's "package" or are so functionally related that expediency indicates a review of the group or package as a whole. A multiple -page submittal shall be collated into sets, and each set shall be stapled or bound, as appropriate, prior to transmittal to the ENGINEER.

E. Shop Drawings shall show in detail the size, sections, and dimensions of all the member(s); the arrangement and construction of all connections and joints; all holes, straps, and other fittings required for at taching work and other pertinent details. When required, engineering computations shall be submitted. The CONTRACTOR shall be responsible for delivering reviewed copies of shop Drawings to all others whose work is dependent thereon. The CONTRACTOR shall maintain at the site of the Project, at all times, a complete file of approved Shop Drawings and manufacturers' data for this Project.

F. Except as may otherwise be provided herein, the ENGINEER will return prints of each submittal to the CONTRACTOR, with its comments noted thereon, within twenty (20) calendar days following their receipt by the ENGINEER. It is considered reasonable that the CONTRACTOR shall make a complete and acceptable submittal to the ENGINEER by the second submission of a submittal Redlans Regular Meeting of 09-05-2023
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item. The CITY reserves the right to withhold moneys due the CONTRACTOR to cover additional costs of the ENGINEER'S review beyond the second submittal. Submittal will be returned to the CONTRACTOR with one of four (4) markings:

1. If a submittal is returned to the Contra ctor marked "NO EXCEPTIONS ," formal revision and resubmission of said submittal will not be required.

2. If a submittal is returned to the Contractor marked " EXCEPTIONS NOTED," formal revision and resubmission of said submittal will not be required, unless specifically requested.

3. If a submittal is returned to the Contractor marked " RETURNED FOR CORRECTION," the Contractor shall revise said submittal and shall resubmit the originally required number of copies of said revised submittal to the Engineer.

4. If a submittal is returned to the Contractor marked " NOT ACCEPTABLE," the Contractor shall revise said submittal and shall resubmit the originally required number of copies of said revised submittal to the Engineer.

G. All Work for which Shop Drawings a re required shall be performed in accordance with the reviewed and approved copies. Fabrication of an item shall not commence before the ENGINEER has reviewed the pertinent submittal and returned the copies to the CONTRACTOR marked either "NO EXCEPTIONS TAKEN," or "MAKE CORRECTIONS NOTED“. Revisions indicated on submittals shall be considered as changes necessary to meet the requirements of the Contract Documents and shall not be taken as the basis for claims for extra work.

H. All CONTRACTOR submittals sha ll be carefully reviewed by an authorized representative of the CONTRACTOR prior to submission to the ENGINEER.

Each submittal shall be dated, signed, and certified by the CONTRACTOR as being correct and in strict conformance with the Contract Documents. No consideration for review by the ENGINEER of any CONTRACTOR’S submittal will be made for any items which have not been so certified by the CONTRACTOR. All noncertified submittals will be returned to the CONTRACTOR without action taken by the ENGINEER, and any delays caused thereby shall be the total responsibility of the CONTRACTOR.

I. Should the Shop Drawings or manufacturers data (for submittals required by the Standard Specifications or the specifications) show variations from the Contract requirements, the CONTRACTOR shall make specific mention of such variations in the letter of transmittal, in order that, if acceptable, suitable action may be taken for proper adjustment of the Contract; otherwise the Redlans Regular Meeting of 09-05-2023
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CONTRACTOR will not be relieved of the responsibil ity for executing the work in accordance with the Contract Documents, and the approved submittals.

J. The ENGINEER’S review of CONTRACTOR’S submittal shall not relieve the CONTRACTOR of the entire responsibility for the correctness of details and dimensions and conformance to the Specifications. The CONTRACTOR shall assume all responsibility and risk for any misfits due to any errors in the submittal. Any fabrication or other work performed in advance of the receipt of accepted submittals shall be entirely at the CONTRACTOR’S risk and expense.

The CONTRACTOR shall be responsible for the dimensions and the design of adequate connections and details.

K. CONTRACTOR’S Coordination:

1. ENGINEER will return and will not review unrelated submittals.

2. The CONTRACTOR ma y be required to provide drawings, setting diagrams and similar information necessary for proper coordination of Contracted Work. Such data shall remain between the CONTRACTOR and CONTRACTOR’S Subcontractor and will not be reviewed by the ENGINEER unless specifically called for in the Contract Documents.

3. ENGINEER will not review any required Structural Shop Drawings, Structural Calculations, etc., not prepared or signed by a State of California licensed ENGINEER.

4. ENGINEER will return and will not review any submittal requiring coordination with other submittals until such other submittals or required information is received by the Consultant or ENGINEER.

L. CONTRACTOR’S Submittals: CONTRACTOR’S submittals required for performance of Contracted Work, shal l include, but are not limited to, the following:

1. Schedule of Values for all Lump Sum items within the Proposal.

2. Construction Schedule and Notification to ENGINEER of completion of each milestone or percentage increment of the Work as required.

3. Submittal Schedule

4. Daily Construction Reports

5. Shop Drawings and Structural Calculations.

6. Manufacturer’s Data and Specifications.

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7. Samples

8. Templates

9. Certificate of Compliance

10. Construction Photographs

11. Substitutions

12. Record Drawings and Record Project Manual

13. Operation & Maintenance Manuals

14. Stock Materials, Spare parts, tools

15. Material Testing Results

16. Maintenance Logs and Maintenance Schedule.

M. CONTRACTOR shall conform to the provisions of the Contract Document and as may be specifically directed by the ENGINEER.

1. Preparation and processing of submittals shall be coordinated with Contracted Work operations, which include fabrication, purchasing and delivery of work items so as not to delay Contracted Work operations.

2. In each copy of the Submittal, mark ever y applicable material, product, equipment, manufacturer’s data, product information, color samples, rating or values, part and model numbers, etc. by red color circle. Each of the submittal items must be clearly distinguishable from other unrelated or similar items listed in the Manufacturer’s Catalog or Technical Specifications, Manuals, etc.

N. Coordination and Submittals:

1. Carefully review and coordinate all aspects of each item being submitted.

2. Carefully review contract drawings and technical sections , verify all work as laid out or indicated meeting the applicable codes and standards.

3. Ensure ample time for reviewing and processing of the submittals by the CITY or other authorized agencies, delays resulting from improper and untimely submittals shall be the responsibility of the CONTRACTOR.

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4. Verify that all such submittal items conform to the Project Manual requirements noted in the Technical Sections.

5. Verify all site conditions and provide all required dimensions and measurements in Shop Drawings.

6. Where necessary, review the CITY’S comments, make changes and resubmit to local governing agencies for approval. Furnish the ENGINEER copies of the approved plans or drawings for review.

O. CONTRACTOR shall affix to each submittal, the CONTRACTOR’S signature certifying that required coordination has been performed and include on an attached label for processing and recording action taken, noting the following:

1. Name of the Project

2. Date of the Submittal

3. Name and address of Consultant

4. Name and address of the CONTRACTOR

5. Name and address of the Subcontractor(s)

6. Name and address of the Supplier

7. Name and address of the Manufacturer

8. Reference to Specification Section Number and Title

9. Reference to Drawing Sheet Number and detail(s)

10. Submittal Number

11. Priority Number and expected return date.

END OF SECTION
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WATER POLLUTION CONTROL PROGRAM 01572-1

SECTION 01572 EROSION CONTROL PLAN

Contractor shall comply with all laws, codes, ordinances and requirements of governing agencies regarding the discharge of pollutants, air and water pollution control and any other requirements for this project. Within 5 days of the Notice to Proceed, Contractor shall submit two (2) hardcopies of the draft Erosion Control Plan to the City for review. Any corrections or changes shall be made to the Erosion Control Plan, approved by the Engineer and implemented prior to any construction work on this project. The plan shall be updated as necessary or required for compliance purposes.

Payment for work on this item shall be made as a percentage of work completed at each monthly payment. All work under this item shall be as shown on the approved drawing accepted by the City prior to any work on the project. The Contractor shall have all work installed and inspected by the City prior to any work on the project.

Full compensation for this item shall be in accordance with all state and federal NPDES rules, regulations, requirements and laws and shall constitute all work for providing, installing, maintaining and removing all work as required for all excavations, earthwork, grading, grinding, paving, concrete, runoff containmen t, and any other work performed within the project boundaries.

END OF SECTION
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MOBILIZATION 01721-1

SECTION 01721 MOBILIZATION

1.1 THE REQUIREMENT

A. General

Whether Mobilization is included as a Contract Bid Item in the Bid Proposal Form or specified as part of the lump sum in the Contract Documents, the cost of labor, equipment, materials and incidentals for doing all the work in mobilization (in advance of construction operations and not directly attrib utable to any specific bid item) shall be included in the Contract Price Breakdown and progress payment estimate. If there is no mobilization bid item th e CONTRACTOR shall submit to the INSPECTOR for approval the Contract Price Breakdown with the amount established for mobilization.

Mobilization shall include, but not be limited to, the following items, all as required for the proper performance and completion of the Work:

1. Obtaining all permits, licenses, insurance, and bonds. Providing copies to the ENGINEER.

2. Moving onto the Jobsite all of CONTRACTOR’S plant and equipment as required.

3. Erecting temporary buildings and other construction facilities.

4. Installing temporary construction power and wiring.

5. Establishing fire protection system for its temporary facilities.

6. Developing construction water supply.

7. Providing field office trailers for the CONTRACTOR, complete with all specified equipment, furnishi ngs, utility services and required approvals from the CITY.

8. Providing sanitary facilities or connecting to onsite sanitary facilities as specified.

9. Providing for potable water facilities as specified. This includes a means by which all on site CONTRACTOR , Subcontractor or supplier personnel can wash their hands with soap.

10. Arranging for, and erection of, CONTRACTOR’S work and storage yards and sheds.

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11. Submitting all required Subcontractor insurance certificates and bonds.

12. Posting all CAL/OSHA required no tices and establishment of safety programs.

13. Furnishing of Construction Schedule, Contract Price Breakdown and Submittal Schedules.

14. Erecting all temporary fencing, including removal and disposal of existing temporary fencing.

END OF SECTION
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SURVEYING 01722-1

SECTION 01722 SURVEYING
PART 1 - GENERAL
A. General

1. The CONTRACTOR shall be responsible for all surveys required to layout the Work and for the accuracy of all survey work for construction.

The CONTRACTOR shall include the cost of all such survey work in their Bid. The CONTRACTOR shall have all construction surveying performed by a `Licensed Land Surveyor' or a `Civil Engineer’ registered by the State of California to perform such work. The ENGINEER reserves the right to verify all survey work done by the CONTRACTOR.

2. The CONTRACTOR shall preserve the initial survey control points for the duration of their usefulness. Monumentation that is subject to disturbance or destruction shall be located and referenced prior to construction and relocated and reference d if necessary after construction, in accordance with the following requirements.

B. Construction Surveys

1. The CONTRACTOR shall provide all reference stakes and form checks necessary for construction and inspection of improvements. All construction staking shall be documented in cut sheets and provided to the ENGINEER. This staking may include but is not limited to: removals, joins, rough grade, slope, utilities, storm drains, sewers, curbs, walks, paving, wall and building stakes; and any other staking nece ssary for construction and inspection.

C. Reference Or Grade Stakes

1. A reference or grade stake shall be set for each grade change or angle point shown on the plan, standard plan, and shop drawing, in addition to the normal staking interval.

D. Form Checks

1. Forms shall be checked when durable points may be disturbed, removed, or are impractical to be used to verify the design location. The measured location shall be recorded in the survey field notes. All variations from the plan location shall be brought to the attention of the ENGINEER.

E. Staking Intervals And Offset Stake Lines

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1. All staking intervals shall be in accordance as directed by the Engineer .

Stake lines shall be set at an offset distance from the improvement to ensure proper grade, station, and alignment.

F. Utility Stakes

1. The CONTRACTOR shall provide stakes for all utilities, public or private, that require location or relocation, unless otherwise stated.

G. Additional Survey Work

1. The CONTRACTOR may be required to furnish additional survey work, such as profiles, restakes, Change Orders, etc., at the request of the ENGINEER or the INSPECTOR.

H. Accuracy

1. The CONTRACTOR shall use appropriate surveying methods to obtain the following standards: For fixed works (i.e. cast -in-place concrete; asphalt paveme nt, pipes and drains; and other items determined by the ENGINEER) the following survey standards shall be used. The absolute horizontal accuracy, in relationship to the Engineer’s control, shall be such that the semimajor axis of its 95% error ellipse is ±0.015 foot or less. The absolute vertical accuracy, in relationship to the Engineer’s control, shall be such that its standard deviation is ±0.015 foot or less. The relative horizontal accuracy of survey points within the Project shall be such that the semimajor axis of its 95% error ellipse is ±0.015 foot or less. The relative vertical accuracy of survey points within the Project shall be such that its standard deviation is ±0.015 foot or less.

2. For excavation purposes, the following survey standards s hall be used.

The absolute horizontal accuracy, in relationship to the Engineer’s control, shall be such that the semimajor axis of its 95% error ellipse is ±0.1 foot or less. The absolute vertical accuracy, in relationship to the Engineer’s control, shall be such that its standard deviation is ±0.1 foot or less. The relative horizontal accuracy of survey points within the Project shall be such that semimajor axis of the 95% error ellipse is ±0.1 foot or less. The relative vertical accuracy of survey po ints within the Project shall be such that its standard deviation is ±0.1 foot or less.

I. Survey/Inspector

1. The CONTRACTOR shall provide to the INSPECTOR those
measurements and control points necessary to determine the location and conformance to the plan, line, and grade of the improvements necessary for inspection purposes.

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J. Survey Notes

1. The CONTRACTOR shall supply and keep notes on CITY standard format note sheets. The ENGINEER may request copies of, and otherwise review, survey notes at any time during the construction phase of the Project. Upon completion of the Project, the original survey notes shall become the property of the CITY and shall be delivered to the

ENGINEER
PART 2 – MONUMENT PRESERVATION GUIDELINES
A. New & Reconstruction Projects

1. Prior to Construction

a. The public survey records are to be researched for the location of all possible survey monuments within the scope of the project and copies shall be furnished to the survey crew.
b. The survey crew shall diligently search for all survey m onuments of record above or below the surface, within the road right -of-way. It is suggested that this search would include the use of a metal detector. When the detector indicates the possibility of a buried survey monument, then digging below the surface to uncover the monument is required.
c. The survey crew shall properly reference all found survey monuments, which may be disturbed or covered during construction, to stable surface points. d. The authorized surveyor shall properly complete a Corner Record or Record of Survey for the monuments noted in item c, above. Prior to the start of any construction work, the original or a print of the Corner Record or Record of Survey shall be submitted to the County Surveyor fo r review, signature and filing. A copy sh all also be provided to the City prior to the start of construction to provide documentation that the requirement is met.

2. After Construction and Prior to Notice of Completion

a. All covered and disturbed monuments shall be reset with the same or more durable type of monument as the original, in the surface of the construction.

Key monuments shall be a minimum 1” inside diameter iron pipe of appropriate length.
b. A monument box or other protective structure is recommended to be placed around key monuments (section corners, quarter section corners). c. The authorized surveyor shall properly completes a Corner Record or Record of Survey for all set monuments with a change in character, including tag number, and submit it to the County Surveyor for review, signature and filing.

A copy shall also be provided to the City prior to the Notice of Completion to provide documentation that the requirement is met.

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B. Overlay Projects

1. Prior To Construction

a. The public survey records are to be researched for the location of all possible survey monuments within the scope of the project and copies shall be furnished to the survey crew.
b. The survey crew shall diligently search for all survey monuments of record and on the surface of the road. It is suggested the search would include the use of a metal detector. When the detector indicates the possibility of a buried survey monument, then digging below the surface to uncover the monument within 2” of the road surface is recommended.
c. The survey crew shall properly reference found sur vey monuments, which may be disturbed or covered during construction, to stable surface points. d. The authorized surveyor shall properly complete a Corner Record or Record of Survey for the monuments noted in item 3, above. Prior to the start of any construction work, the original or a print of the Corner Record or Record of Survey shall be submitted to the County Surveyor for review, signature and filing. A copy shall also be provided to the City prior to the start of construction to provide documentation that the requirement is met.

2. After Construction and Prior to Notice of Completion

a. All covered or disturbed monuments and surface monuments are reset in the new road surface, or a new monument is set in the new road surface above the buried one.
b. All exis ting monument boxes will be adjusted to grade or replaced, as appropriate.
c. A monument box or other protective structure should be placed around key monuments (section corners, quarter section corners).
d. The authorized surveyor shall properly complete a Co rner Record or Record of Survey for all set monuments and existing monuments with a change in character, including tag number and submits it to the County Surveyor for review, signature and filing. A copy shall also be provided to the City prior to the Not ice of Completion to provide documentation that the requirement is met.

C. Slurry Seal Projects

1. Prior To Construction

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SURVEYING 01722-5

a. The public survey records are to be researched for the location of all possible survey monuments within the scope of the project and cop ies furnished to for the survey crew.
b. All monument boxes shall be located and steps taken to ensure that the survey monuments inside are readily accessible upon completion of the project. c. The survey crew shall diligently searches for survey monuments on the surface of the roadway, and identify said monuments recovered in the field to ensure that they will be protected. The survey crew shall inventory the monuments recovered in the field in a manner that allows for their recovery and inspection after construction.

2. After Construction and Prior to Notice of Completion

a. All monument boxes shall be inspected, and appropriate action taken when needed, to ensure that the survey monuments inside are readily accessible. b. The survey crew shall review the inventory of found monuments by field inspection to ensure that all survey monuments are clean and exposed. Those monuments covered after construction is completed shall be uncovered.

D. Monument Tie Preservation

1. Prior To Construction

a. All existing survey monument ties within the scope of the project shall be researched and identified prior to construction. Surveyor may obtain existing tie sheets from the City as available.
b. If it is determined that all ties for a survey monument may be disturbed during construction, the Surveyor shall relocate the monument ties prior to construction, within improvements that will not be disturbed, and file the revised tie sheet with the City. A minimum of three tie points should reference each centerline monument, whenever possible

2. After Construction and Prior to Notice of Completion

a. If it is determined that the result of construction will not disturb all survey monument ties for a specific monument, the Surveyor shall replace all monument ties disturbed during construction per the following guidelines:

i. Monument ties shall be placed during the finishing process of the concrete improvements.
ii. Monument ties shall be set below the elevation of the adjacent top of curb to provide protection from any future cleaning, maintenance or work around the tie.
iii. A minimum of three tie points should reference each centerline monument, whenever possible.

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b. Once the construction is complete, the Surveyor shall prepare a revised tie sheet, and file with the City for all monument ties disturbed durin g the construction.

END OF SECTION
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POTHOLING 01732-1

SECTION 01732 POTHOLING

1.1 THE REQUIREMENT

A. The CONTRACTOR shall conduct exploratory excavations by potholing to verify or to discover the actual locations and the size of existing underground utilities and improvements. The CONTRACTOR shall take care no t to damage existing facilities during potholing operations. Any utility or existing facility (including those located by Underground Service Alert - USA) within 3 feet of any trench or excavation shall be potholed prior to starting the contract work in t he vicinity.

Potholing shall be done in each given area where excavation work is to occur at least fourteen (14) calendar days in advance of any excavation or construction in that area, to avoid possible delay in the progress of the Work.

B. Potholing shall consist of excavations at the locations of utilities or other underground facilities indicated on the Drawings, located by USA, or as directed by the ENGINEER. All costs of potholing operations for the utilities indicated on the Drawings shall be included in the CONTRACTOR’S Bid.

C. If an allowance for “Additional Potholing” has been established and included in the SCHEDULE OF WORK AND PRICES , this allowance shall only be used to reimburse the CONTRACTOR for potholing utilities not shown or otherwise referenced on the drawings, or as directed by the ENGINEER. If the total cost of the Work directed under the Additional Potholing allowance differ from the amount set forth in the SCHEDULE OF WORK AND PRICES, the Contract Price shall be adjusted by a Change Order. The adjustment shall be the difference between the total actual costs and the amount included in the Bid, as an additional amount due to the CONTRACTOR or a credit to the CITY, as appropriate.

D. In addition to the potholes indicated on the Drawing s, or directed by the ENGINEER, the CONTRACTOR may opt to do further potholing deemed necessary at no additional cost to the CITY.

E. Potholing operations shall conform to all applicable requirements as to sidewall slopes, sheeting and shoring, and all other excavation and trenching provisions specified herein.

F. Potholes shall be identified and protected in accordance with the Engineer’s instructions, the California Manual on Uniform Traffic Control Devices (MUTCD) and Work Area Traffic Control Handbook (WATCH) Standards.

G. The CONTRACTOR’S proposed method of potholing and schedule for potholing shall be submitted to the ENGINEER for approval, at least thirty (30) days prior to the commencement of operation. Any utilities damaged during potholing shall Redlans Regular Meeting of 09-05-2023
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POTHOLING 01732-2

be immediately reported to the ENGINEER and INSPECTOR and repairs made immediately in accordance with the specifications.

H. A complete log of all potholes shall be kept by the CONTRACTOR, showing specific locations and dimensions of trenches. The log shall be ver ified by the INSPECTOR prior to the backfilling of the potholes . The verified log will be submitted to the ENGINEER and the INSPECTOR within two (2) working days after completion of potholing in each area. Payment for potholing utilities not shown or otherwise referenced on the drawings, or as directed by the ENGINEER will not be made unless these potholes are listed on the verified log.

I. The CONTRACTOR shall record the coordinates, elevations and dimensions of all utilities and improvements verified or dis covered by potholing. The records shall be submitted to the ENGINEER within two (2) working days after the completion of potholing in each area. The records shall also include dates of the potholing operations and any additional discovered information or pertinent data.

J. Upon completion of potholing in each area, and after verification of the logs by the INSPECTOR, potholes shall be immediately backfilled and compacted in accordance with the specifications, or restored as directed by the ENGINEER.

END OF SECTION

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DEMOBILIZATION 01740-1

SECTION 01740 DEMOBILIZATION

1.1 THE REQUIREMENT

A. General

Whether Demobilization is included as a Contract Bid Item in the Bid Proposal Form or specified as part of the lump sum in the Contract Documents, the cost of labor, equipment, materials and inciden tals for doing all the work in demobilization (upon completion of all contract work and not directly attributable to any specific bid item) shall be included in the Contract Price Breakdown and progress payment estimate. If there is no demobilization bid item the CONTRACTOR shall submit to the INSPECTOR for approval the Contract Price Breakdown with the amount established for demobilization.

Demobilization shall include, but not be limited to, the following items, all as required for the proper performance and completion of the Work:

1. Moving off of the Jobsite all of CONTRACTOR’S plant and equipment as required.

2. Dismantling and removing all temporary buildings and other construction facilities.

3. Dismantling and removing all temporary construction power and wiring.

4. Removing all sanitary facilities from the work site.

5. Remove all waste, debris, and rubbish ca used by construction operations within the work area, adjacent properties and public roads.

6. Materials and equipment shall be removed from the site as soon as they are no longer necessary. Before the final inspection, the site shall be cleared of equipment, unused materials and rubbish so as to present a satisfactory clean and neat appearance. All cleanup costs shall be included in the CONTRACTOR’S Bid.

7. Dismantling and removal of all temporary fencing.

8. Provide City with all required As-Built drawings.

9. All required Corner Records have been filed with the County and all copies provided to the City per Section 01722 Surveying.

10. All items noted within the final inspection (“Punchlist”) have been completed to the satisfaction of the City.

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DEMOBILIZATION 01740-2

11. All project photographs as required within Section 01322 Construction Progress Photography have been provided.

12. Notice of Completion (NOC) will not be filed until all work is complete per this Section 01740.

END OF SECTION
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TECHNICAL SPECIFICATIONS
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PROTECTING EXISTING UNDERGROUND UTILITIES 02222-1

SECTION 02222 PROTECTING EXISTING UNDERGROUND UTILITIES PART 1 - GENERAL
A. Description
This section includes materials and procedures for protecting existing underground utilities.

B. Related Work Specified Elsewhere

1. General Conditions
PART 2 - MATERIALS
A. Replacement in Kind
Except as indicated below or as specifically autho rized by the Owner's Representative, reconstruct utilities with new material of the same size, type, and quality as that removed.

B. Vitrified Clay Sewer Pipe and Couplings
For sewer pipe 8 inches in diameter or under, replacement shall consist of plain -end pipe conforming to ASTM C 700. Compression couplings shall conform to ASTM C 594, band seal couplings or equal. Use at least two lengths of pipe in crossing the trench section as shown on the details in the drawings.

PART 3 - EXECUTION
A. General

1. Replace in kind street improvements, such as curbs and gutters, barricades, traffic islands, signalization, fences, signs, etc., that are cut, removed, damaged, or otherwise disturbed by the construction.

2. Where utilities are parallel to or cross the construction but do not conflict with the permanent work to be constructed, follow the procedures given below and as indicated in the drawings. Notify t he utility owner 48 hours in advance of the crossing construction and coordinate the construction schedule with the utility owner's requirements. For utility crossings not shown in the drawings, refer to the General Conditions and the instructions of the Owner's Representative for guidance.

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3. Determine the true location and depth of utilities and service connections which may be affected by or affect the work. Determine the type, material, and condition of these utilities. In order to provide sufficient lead time to resolve unforeseen conflicts, order materials and take appropriate measures to ensure that there is no delay in work.

4. Expose utilities 1,300 feet in advance of the pipeline construction.

B. Procedures

1. Protect in Place: Protect utilities in place, unless abandoned, and maintain the utility in service, unless otherwise specified in the drawings or in the specifications.

2. Cut and Plug Ends: Cut abandoned utility lines and plug the ends. Plug storm drains and sewers with an 8 -inch wall of brick and mortar. Cap waterlines with a cast -iron cap or install a 3 -foot-long concrete plug. Dispose of the cut pipe as unsuitable material.

3. Remove and Reconstruct: Where so indicated in the drawings or as required by the Owner's Representative, remove the utility and, after passage, reconstruct it with new materials. Provide temporary service for the disconnected utility.

C. Compaction

1. Utilities Protected in Place: Backfill and compact under and around the utility so that no voids are left.

2. Utilities Reconstructed: Prior to replacement of the utility, backfill the trenc h and compact to an elevation 1 foot above the top of the ends of the utility. Excavate a cross trench of the proper width for the utility and lay, backfill, and compact.

3. Alternative Construction --Sand Slurry: Sand slurry consisting of one sack (94 pounds) of portland cement per cubic yard of sand and sufficient moisture for workability may be substituted for other backfill materials to aid in reducing compaction difficulties. Submit specific methods and procedures for the review of the Owner's Representative prior to construction.

4. The protection of the utility during construction.

D. Thrust Blocks on Waterlines
Note that restrained joints is the required method of controlling thrust restraint on this project except where shown on the plans or as approved other wise by the City of Redlands.

1. The Contractor's attention is called to thrust blocks delineated in the drawings for waterlines throughout the project whose thrust is in the direction of the new excavation and, therefore, may be affected by the construction. These waterlines are Redlans Regular Meeting of 09-05-2023
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owned and operated by the Owner. Protect thrust blocks in place or shore to resist the thrust by a means approved by the Owner and reconstruct. If the thrust blocks are exposed or rendered to be ineffective in the opinion of the Owner's Representative, reconstruct them to bear against firm unexcavated or backfill material.

2. Provide firm support by backfilling that portion of the trench for a distance of 2 feet on each side of the thrust block to be reconstructed from the pipe bedding to the pavement subgrade, with either:
a. Sand-cement slurry (94 pounds of cement per cubic yard). b. The native material compacted to a relative compaction of 95%.

3. Then excavate the backfill material for construction of the thrust block.

4. Test compaction of the backfill material before pouring any concrete thrust block.

Use Class 560-C-3250 concrete for reconstruction.

E. Adjacent Parallel Utilities

1. The Contractor's attention is called to utilities throughout the project that are parallel to the proposed utility.

2. The position of these utilities is just outside the new construction. Protect these utilities from any disturbances and repair the lines and associated vaults and appurtenances if they are damaged in any way. All costs incurred for protection of these lines or any costs incurred due to the presence of the lines, whether or not they lie within the new construction, shall be borne in full by the Contractor.

END OF SECTION
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CONCRETE REHABILITATION 03930-1

SECTION 03930 CONCRETE REHABILITATION
PART 1 GENERAL

1.01 SUMMARY
A. This specification describes the patching of interior and/or exterior vertical and overhead surfaces with a rapid setting, portland cement mortar.

1.02 QUALITY ASSURANCE
A. Manufacturing qualifications: The manufacturer of the specified product shall be ISO 9001 certified and have in existence a recognized ongoing quality assurance program independently audited on a regular basis.

B. Contractor qualifications: Contractor shall be q ualified in the field of concrete repair and protection with a successful track record of 10 years or more. Contractor shall maintain qualified personnel who have received product training by a manufacturer's representative.

C. Install materials in accor dance with all safety and weather conditions required by manufacturer or as modified by applicable rules and regulations of local, state and federal authorities having jurisdiction. Consult Material Safety Data Sheets for complete handling recommendations.

1.03 DELIVERY, STORAGE, AND HANDLING
A. All materials must be delivered in original, unopened containers with the manufacturer’s name, labels, product identification, and batch numbers. Damaged material must be removed from the site immediately.

B. Store all materials off the ground and protect from rain, freezing or excessive heat until ready for use.

C. Condition the specified product as recommended by the manufacturer.

1.04 REFERENCES
A. ASTM C496 Splitting Tensile Strength
B. ASTM C109 Compressive Strength
C. ASTM C293 Flexural Strength
D. ASTM C882 Slant Shear Bond Strength
E. ASTM C157 Volume Change
F. ICRI No. 210.3 Direct Tensile Bond Stength

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CONCRETE REHABILITATION 03930-2

1.05 JOB CONDITIONS
A. Environmental Conditions: Do not apply material if it is raining or if su ch conditions appear to be imminent. Minimum application temperature 45ºF (7ºC) and rising.

B. Protection: Precautions should be taken to avoid damage to any surface near the work zone due to mixing and handling of the specified material.

1.06 SUBMITTALS
A. Submit required copies of manufacturer’s literature, to include: Product Data Sheets, and appropriate Material Safety Data Sheets (MSDS).

1.07 WARRANTY
A. Provide a written warranty from the manufacturer against defects of materia ls for a period of one (1) year, beginning with date of completion of the project.

PART 2 PRODUCTS

2.01 MANUFACTURER
A. SikaQuick VOH, as manufactured by Sika Corporation, is considered to conform to the requirements of this specification or approved equal.

2.02 MATERIALS
A. General

1. The material shall be a blend of selected portland cements , specially graded aggregates, admixtures for controlling setting time, water reducers for workability, and an organic accelerator.

2. The materials shall be non-combustible, both before and after cure.

3. The materials shall be supplied in a factory-blended bag.

4. The rapid-setting cement mortar must be placeable from 1/ 8-in. to 3-in. in depth per lift for vertical applications and to 2 -in. in dep th per left for over head applications.

2.03 PERFORMANCE CRITERIA
A. Typical Properties of the material:

1. Working Time: Approximately 20 minutes

2. Color: concrete gray
B. Typical Properties of the cured material (mortar):

1. Compressive Strength (ASTM C-109)
a. 3 hours: 1,000 psi min (6.9 MPa)
b. 1 day: 3,000 psi min. (20.7 MPa)
d. 7 day: 5,000 psi min. (34.5 MPa)
e. 28 day: 6,000 psi min. (41.4 MPa)

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CONCRETE REHABILITATION 03930-3

3. Splitting Tensile Strength (ASTM C-496) @ 28 days 500 psi (3.4 MPa)

4. Bond Strength (ASTM C-882 Modified) @ 28 days: 2,400 psi (16.5 MPa)

5. The portland cement mortar shall not produce a vapor barrier.

6. Density (wet mix): approximately 125 lbs. / cu. ft. (2.00 kg/l)

7. Permeability (ASTM C-1202) @ 28 days Approximately <1000 Coulombs

8. Shrinkage, (ASTM C157: ICRI protocol) @ 28 days: <0.05%

Note: Tests above were performed with the material and curing conditions @ 71F – 75F and 45-55% relative humidity.

PART 3 EXECUTION

3.01 SURFACE PREPARATION
A. Areas to be repaired must be clean, sound, and free of contaminants. All loose and deteriorated concrete shall be removed by mechanical means. Mechanically prepare the concrete substrate to obtain a surface profile of +/ - 1/16” (CSP 5 or greater as per ICRI Guidelines) with a new exposed aggregate surface. Area to be patched shall not be less than 1/8” in depth.

B. Where reinforcing steel with active corrosion is encountered, sandblast the steel to a white metal finish to remove all contaminants and rust. Wher e corrosion has occurred due to the presence of chlorides, the steel shall be high pressure washed after mechanical cleaning. Prime steel with 2 coats of Sika Armatec 110 EpoCem as directed by manufacturer. (See Spec Component SC -201-0699) Armatec 110 must be completely cured before application of SikaQuick VOH.

3.02 MIXING AND APPLICATION
A. Mechanically mix in appropriate sized mortar mixer or with a Sika jiffy paddle and low speed (400 -600 rpm) drill. Pour 6 pints of water into the mixing container. Ad d the powder while continuing to mix. Mix to a uniform consistency for a maximum of three minutes. Adjust the water dosage by a maximum amount of +/ - ½ pint, if necessary, to achieve the desired consistency. Should smaller quantities be needed, be sure the proper water/powder ratio is maintained and that the dry material is uniformly blended before mixing the components together. Mix only that amount of material that can be placed in 20 minutes. Do not retemper material.

B. Placement Procedure: At the ti me of application, the substrate should be saturated surface dry with no standing water. Mortar must be scrubbed into substrate filling all pores and voids. While the scrub coat is still plastic, force material against edge of repair, working toward cente r. Af ter filling, consolidate, then trowel . Allow mortar to set to desired stiffness, then finish with a trowel for a smooth surface. Broom or burlap drag for rough surface. Where multiple lifts are required, score top surface in each lift to produce a r oughened substrate for next lift. Allow preceding layers to Redlans Regular Meeting of 09-05-2023
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harden before applying fresh material. Saturate surface oh the lift with clean water. If previous layers are over 6 hours old, mechanically prepare the substarte and dampen.

C. As per ACI recommendations for portland cement concrete, curing is required. Moist cure with wet burlap and polyethylene, a fine mist of water or a water -based compatible curing compound. Moist curing should commence immediately after finishing. Protect newly applied mate rial from rain, sun, wind and frost. To prevent from freezing cover with insulating material. Setting time is dependent on temperature and humidity.

D. Adhere to all procedures, limitations and cautions for this product in the manufacturers current printed technical data sheet and literature.

3.05 CLEANING
A. The uncured material can be cleaned from tools with water. The cured cement mortar can only be removed mechanically.

B. Leave finished work and work area in a neat, clean condition without evide nce of spillovers onto adjacent areas.

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CONCRETE REHABILITATION 03930-5

SC-08
Concrete Restoration Systems by Sika Corporation, 201 Polito Avenue, Lyndhurst, NJ 07071

1. Substrate shall be clean, sound and lattinance-
free prior to repairing. (Refer to ICRI
Technical Guideline No. 03730.)

2. Pre-soak the substrate to provide saturated
surface dry (SSD) condition prior to applying
repair material.

3. Apply scrub coat of the repair material to the
prepared substrate, filling all pours and voids.

4. While scrub coat is wet place SikaQuick
VOH filling the entire cavity. Strike off and
finish as required. Wet cure and protect as
per the technical data sheet.

Note:

1. Apply scrub coat of repair material to the prepared substrate, filling all pores and voids.

2. If reinforcing steel is located within the repair location refer to Spec Component SC-201

3. For vertical applications greater than 3” in depth, a second lift should be applied.

SikaQuick VOH
Vertical Repair

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CONCRETE REHABILITATION 03930-6

SC-08
Concrete Restoration Systems by Sika Corporation, 201 Polito Avenue, Lyndhurst, NJ 07071

1. Substrate shall be clean, sound and lattinance-
free prior to repairing. (Refer to ICRI
Technical Guideline No. 03730.)

2. Pre-soak the substrate to provide saturated
surface dry (SSD) condition prior to applying
repair material.

3. Apply scrub coat of the repair material to the
prepared substrate, filling all pours and voids.

4. While scrub coat is wet place SikaQuick
VOH filling the entire cavity. Strike off and
finish as required. Wet cure and protect as
per the technical data sheet.

Note:

1. Apply scrub coat of repair material to the prepared substrate, filling all pores and voids.

2. If reinforcing steel is located within the repair location refer to Spec Component SC -201

3. For overhead applications greater than 2” in depth, a second lift should be applied.

SikaQuick VOH
Over Head Repair

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APPENDIX A

CHECKLIST OF LABOR LAW REQUIREMENTS

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CHECKLIST OF LABOR LAW REQUIREMENTS

TO REVIEW AT JOB CONFERENCE MEETINGS

Name (print) Date

Company Project

The Federal and State labor law requirements applicable to the contract are composed of, but not limited to, the following:

1. Payment of Prevailing Wage Rates
The contractor to whom the contract is awarded and its subcontractors hired for the public works project ar
e required to pay not less than the specified general prevailing wage rates to all workers employed in the execution of the contract. The contractor is responsible for ascertaining and complying with all current general prevailing wage rates for crafts and any rate changes that occur during the life of the contract.

Information on all prevailing wage rates and all rate changes are to be posted at the job site for all workers to view.

2. Apprentices
It is the duty of the contractor and subcontractors to employ registered apprentices on the public works pr
oject under Labor Code Section 1777.5.

3. Penalties
There are penalties required for contractor's/subcontractor's failure to pay prevailing wages and for failure to
employ apprentices, including forfeitures and debarment under Labor Code Sections 1775; 1776; 1777.1; 1777.7 and 1813.

4. Certified Payroll Reports
Under Labor Code Section 1776, contractors and subcontractors are required to keep accurate payroll re
cords showing the name, address, social security number and work classification of each employee and owner performing work; also the straight time and overtime hours worked each day and each week, the fringe benefits, and, the actual per diem wage paid to each owner, journey person, apprentice worker or other employee hired in connection with the public works project. Employee payroll records shall be certified and shall be made available for inspection at all reasonable hours at the principal office of the contractor/subcontractor, or shall be furnished to any employee, or his/her authorized representative on request, pursuant to Labor Code Section 1776. Each contractor and subcontractor shall submit its weekly certified payroll reports to the LCR from the agency no less than weekly or within ten days of request. In the event that there has been no work performed during a given week, the certified payroll report shall be annotated: "No work" for that week. Under Labor Code Section 1776(h) there are penalties required for contractor's/ subcontractor's failure to maintain and submit copies of certified payroll records on request. **For projects bidding after April 1, all contractors will need to upload their certified payroll to the Department of Labor Standards Enforcement website. Effective Jan. 1, 2016, ALL projects will require contractors to upload all certified payroll. This requirement is in addition to the request for payrolls by the City of Redlands;

5. Nondiscrimination in Employment
There exist prohibitions against employment discrimination under Labor Code Sections 1735 and 1777.6, th
e Government Code, the Public Contracts Code, and Title VII of the Civil Rights Act of 1964.

6. Kickbacks Prohibited
Contractors and subcontractors are prohibited from recapturing wages illegally or extracting "kickbacks" fr
om employee wages under Labor Code Section 1778.

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7. Acceptance of Fees Prohibited
There exists a prohibition against contractor/subcontractor acceptance of fees for registering any person for pub
lic work under Labor Code Section 1779; or for filling work orders on public works contracts pursuant to Labor Code Section 1780.

8. Listing of Subcontractors
All prime contractors are required to list properly all subcontractors hired to perform work on the public wor
ks projects covering more than one-half of one percent, pursuant to Government Code 4100 et seq.

9. Properly Licensed and Registered
Contractors are required to be licensed properly and to require that all subcontractors be properly licensed.

Pen
alties are required for employing workers while unlicensed under Labor Code Section 1021 and under the California Contractor License Law found at Business and Professions Code Section 7000 et seq.

Contractors and subcontractors are also required to be registered with the Division of Labor Standards Enforcement to work on public works projects in California. Requirements for registration and penalties for not being registered are found in Labor Code 1773.3.

10. Unfair Competition Prohibited
Contractors and subcontractors are prohibited from engaging in unfair competition as specified under Bus
iness and Professions Code Sections 17200 to 17208.

11. Workers Compensation Insurance
Labor Code 1861 requires contractors and subcontractors be insured properly for workers compensation.

12. OSHA
Contractors and subcontractors are required to abide by the Occupational, Safety and Health laws and reg
ulations that apply to the particular construction project.

13. Undocumented Workers
Contractors and subcontractors are prohibited by the Federal government against hiring undocumented wor
kers, and must secure proof of eligibility/citizenship from all workers.

14. Itemized Wage Statements
Contractors and subcontractors must provide itemized wage statements to employees per Labor Code 226.

In
accordance with Federal and State laws and with the awarding agency contract documents, t he undersigned prime contractor wishes to assure the City of Redlands that it intends to comply with the above-referenced labor law requirements, fully understanding that failure to comply with the above requirements may subject it to penalties as provided above.

Cont
ractor City of Redlands
Nam
e Printed Name Printed
Signature Signature
Title Title
Dat
e Date
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IMPORTANT NOTICE
New Requirements for Contractors Working on California
Pub
lic Works / Prevailing Wage Projects
Signi
ficant changes in prevailing wage law have recently been made that affect all contractors working on Public Works Projects within California. Please note the following important information:

CONTRACTOR REGISTRATION REQUIREMENT
By April 1, 2015, all contractors must be registered with the Division of Labor Standards Enforcement (DLSE) to work on public works projects in California.

WHO must register?
All contractors and subcontractors working on public works projects in California must be registered. This includes prime contractors, subcontractors and sole owner/operators- everyone performing labor on a public works project.

WHEN is registration required?
Contractors must be registered with the DLSE to bid on all public works projects that bid after March 1, 2015.

All contractors working on public works projects must be registered by April 1, 2015. Registration is valid until June 30 of each year and may be renewed annually. Registrations are currently being accepted.

WHERE do I register?
Registration is done online at:
https://efiling.dir.ca.gov/PWCR/ActionServlet?action=displayPWCRegistrationForm HOW
MUCH is the fee?
Contractor registration fee is currently set at $300 but may increase each year. This fee shall be paid during the initial registration and each annual renewal.

DO I qualify for registration?
Contractors will need to meet minimum qualification standards to be registered. These include:
• Be properly licensed with the Contractors State License Board for your trade.
• Provide evidence of workers compensation insurance (if applicable). • Be in good standing (Have no outstanding liabilities fo r wages, damages, penalties due to an employee or the State, may not be under State or Federal debarment).

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WHAT happens if I don’t register?
Unregistered contractors working on or bidding for public works projects will be subject to an immediate $2,000 fine and the $300 registration fee to continue working on the project. Unregistered contractors may be removed from the project by the Awarding Agency. Contractors found working on public works projects without being registered also risk not being approved for registration by DLSE.

ELECTRONIC CERTIFIED PAYROLL REPORTING REQUIREMENTS

Prevailing wage law has been changed to require contractors to submit certified payrolls electronically to the DLSE.

WHO is required to submit certified payrolls?
All contractors, subcontractors and sole owner/operators will be required to submit certified payrolls electronically to the DLSE.

WHEN do I need to submit certified payrolls electronically? If your project is awarded after April 1, 2015, electronic payroll submission is required immediately.

Otherwise, electronic payroll submission will be required for all projects awarded on or after January 1, 2016.

WHERE do I submit my certified payrolls?
For now, certified payrolls can be submitted by contractors to the DLSE at:
https://apps.dir.ca.gov/ecpr/DAS/AltLogin This website address will change when the DLSE implements their online electronic database system which still has not been developed. Alliant will notify contractors when this system is available.

DO I still need to submit hard copy certified payrolls? The City of Redlands will still require hard copy submission of certified payroll reports per your contract. The requirement to submit certified payrolls electronically to the DLSE does not replace the requirement for contractors to submit payrolls to the City of Redlands.

Contact the City of Redlands regarding any questions you may have regarding the new requirements for contractor registration or online submission of certified payroll: (909) 798-7698.

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PUBLIC WORKS CONTRACT AWARD INFORMATION (DAS-140)
This is not a request for dispatch of apprentices.

Contract award information must be sent to your Apprenticeship Committee if you are approved to train. If you are not approved to train, you must send the information (which may be this form) to ALL applicable Apprenticeship Committees in your craft or trade in the area of the site of the public work.

Go to: http://www.dir.ca.gov/das/PublicWorksForms.htm for information about programs in your area and trade. The information shall be provided to the applicable apprenticeship committee within ten (10) days of the date of the execution of the prime contract or subcontract, but in no event later than the first day in which the contractor has workers employed upon the public work.

Do not send this form to the Division of Apprenticeship Standards.

NAME OF YOUR COMPANY CONTRACTORS STATE LICENSE NO.

MAILING ADDRESS-NUMBER & STREET, CITY, ZIP CODE AREA CODE & TELEPHONE NO.

NAME AND ADDRESS OF PUBLIC WORKS PROJECT DATE YOUR CONTRACT WAS EXECUTED

DATE OF EXPECTED/ACTUAL START OF PROJECT

NAME & ADDRESS OF PUBLIC AGENCY AWARDING CONTRACT ESTIMATED NUMBER OF JOURNEYMAN HOURS

OCCUPATION OF APPRENTICE

THIS FORM IS BEING SENT TO: (NAME AND ADDRESS OF APPRENTICESHIP PROGRAM(S) ESTIMATED NUMBER OF APPRENTICE HOURS

APPROXIMATE/ACTUAL DATES TO BE EMPLOYED

This is not a request for dispatch of apprentices.
*Contractors must make a separate request for actual dispatch, in accordance with Section 230.1(a) California Code of Regulations* Check One of the Boxes Below

1. We are already approved to train apprentices by the
Apprenticeship Committee. We will employ and train under their standards. (Enter name of Committee)

2. We will comply with the standards of
Apprenticeship Committee for the duration of this job only. (Enter name of Committee)

3. We will employ and train apprentices in accordance with the California Apprenticeship Council regulations, including § 230.1 (c) which requires that apprentices employed on public projects can only be assigned to perform work of the craft or trade to which the apprentice is registered and that the apprentices must at all times work with or under the direct supervision of journeyman/men.

Signature Date

Typed Name

Title

Redlans Regular Meeting of 09-05-2023
661 of 1115

DAS-140 FORM - PUBLIC WORKS CONTRACT AWARD INFORMATION

(Title 8, California Code of Regulations, Section 230)
(C
alifornia Labor Code, Section 1777.5 (e))

SUBMIT CONTRACT AWARD INFORMATION

Pri
or to commencing work on a contract for Public Works every Contractor shall provide contract award information to the apprenticeship committee for each applicable apprenticeable craft or trade in the area of the site of the public works project that has approved the contractor to train apprentices. Contractors who are not already approved to train by an apprenticeship program sponsor shall provide contract award information to all of the applicable apprenticeship committees whose geographic area of operation includes the area of the public works project. This contract award information shall be in writing on a DAS Form 140, Public Works Contract Award Information or a letter which includes the following information:

(1) Contractor's name, address, telephone number and state license number; (2) The full name and address of the public work awarding agency; (3) The exact location of the public work site;
(4) Date of the contract award;
(5) Expected start date of the work;
(6) Estimated journeyman hours;
(7) Occupation of Apprentice;
(8) Approximate number of apprentices to be employed; and (9) Approximate dates apprentices will be employed.

This information shall be provided to the applicable apprenticeship committee within ten (10) days of the date of the execution of the prime contract or subcontract, but in no event later than the first day in which the contractor has workers employed upon the public work.

Failure to provide contract award information, which is known by the awarded contractor, shall be deemed to be a continuing violation for the duration of the contract, ending when a Notice of Completion is filed by the Awarding Body, for the purpose of determining the accrual of penalties under Labor Code Section 1777.7.

TH
E TOP SECTION OF THE FORM COMPLETELY FILLED OUT will provide the information required pursuant to California Labor Code Section 1777.5 and California Code of Regulations Section 230.1.

LO
WER SECTION OF THE FORM Check an appropriate box (#1, 2 or 3) for your status.

In
addition to the “ORIGINAL(S)” mailed to all applicable Apprenticeship Committees, a copy of this information shall also be submitted to the City of Redlands.

NO
TE: The filing of a DAS 140 is not a request for the dispatch of registered apprentices Redlans Regular Meeting of 09-05-2023
662 of 1115

CONTRACTOR FRINGE BENEFIT STATEMENT

Project Name: Project Location: Today’s Date:

Contractor / Subcontractor Name: Business Address:

In order that the proper Fringe Benefit rates can be verified when checking payrolls on the above contract, the hourly rates for fringe benefits, subsistence and/or travel allowance payment made for employees by the employer on the various classes of work are tabulated below. Please Include Apprentice Rates.

Classification: Effective Date:

Subsistence or Travel Pay:
$________________________

EMPLOYER PAID FRINGE BENEFITS

Health & Welfare

$_______________ hr
Paid To:

Name of Plan/Fund/Program:

Address:

__________________________________________________

__________________________________________________
Pension

$_______________ hr
Paid To:

Name of Plan/Fund/Program:

Address:

__________________________________________________

__________________________________________________
Vacation/Holiday

$_______________ hr
Paid To:

Name of Plan/Fund/Program:

Address:

__________________________________________________

__________________________________________________
Training

$_______________ hr
Paid To:

Name of Plan/Fund/Program:

Address:

__________________________________________________

__________________________________________________
Other

$_______________ hr
Paid To:

Name of Plan/Fund/Program:

Address:

__________________________________________________

Classification: Effective Date:

Subsistence or Travel Pay:
$________________________

EMPLOYER PAID FRINGE BENEFITS

Health & Welfare

$_______________ hr
Paid To:

Name of Plan/Fund/Program:

Address:

__________________________________________________

__________________________________________________
Pension

$_______________ hr
Paid To:

Name of Plan/Fund/Program:

Address:

__________________________________________________

__________________________________________________
Vacation/Holiday

$_______________ hr
Paid To:

Name of Plan/Fund/Program:

Address:

__________________________________________________

__________________________________________________
Training

$_______________ hr
Paid To:

Name of Plan/Fund/Program:

Address:

__________________________________________________

__________________________________________________
Other

$_______________ hr
Paid To:

Name of Plan/Fund/Program:

Address:

__________________________________________________

__________________________________________________
Supplemental statements must be submitted during the progress of the work should there be an increase or change in rates. Use additional sheets as necessary. (Attach a copy of your most recent premium transmittal (including copy of check submitted) into each of the above plans/funds/programs or a letter from the above plans/funds/programs reflecting current payment status).

I certify under penalty of perjury that fringe benefits are paid to the approved plans, funds or programs as listed above.

Print Name and Title Signature and Date (Wet Signature Required)

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S = STRAIGHT TIME *OTHER – Any other deductions, contributions and/or payments wh ether or not included or required by prevailing CER TIFICATION MUST be completed Form A-1-131 (New 2-80) O = OVERTIME wage determinations must be separately listed. Use ex tra sheet(s) if necessary (See reverse side)

SDI = STATE DISABILITY INSURANCE
California
Department of
Industrial Relations
Page ______ of ______

NAME OF CONTRACTOR: CONTRACTOR'S LICENSE NO.: ADDRESS:

OR SUBCONTRACTOR: SPECIALITY LICENSE NO.:

PAYROLL NO.:

FOR WEEK ENDING:

SEL
F-INSURED CERTIFICATE NO.:

PROJECT OR CONTRACT NO.:

(4)

DAY

(5)

(6)

WORKERS' COMPENSATION POLICY NO.:

PROJECT AND LOCATION:

(2)

(9)

DATE

(1)

NAME, ADDRESS AND

SOCIAL SECURITY NUMBER

OF EMPLOYEE

NO. OF WITH-

HOLDING

EXEMPTIONS

(3)

WORK

CLASSIFICATION

HOU

RS WORKED EACH DAY

TOT
AL
HOURS

HOURLY
RATE
OF PAY

(7)

GROSS AMOUNT
EARNED

(8)

DEDUCTIONS, CONTRIBUTIONS AND PAYMENTS

NET WGS

PAID FOR
WEEK

CHE
CK
NO.

THIS
PRO
JECT

ALL
PRO
JECTS

FED.

TAX

F ICA
(SO
C. SEC.)

STATE
TAX

SDI

VAC/
HOLI
DAY

HEALTH
& WE
LF.

PEN
SION

TRA
ING.

FUN
D
ADMIN

DUE
S

TRAV/
SUB
S.

SAV
INGS

OTH
ER*

TOTAL
DED
UC-
TIONS

THIS
PRO
JECT

ALL
PRO
JECTS

FED.

TAX

F ICA
(SO
C. SEC.)

STATE
TAX

SDI

VAC/
HOLI
DAY

HEALTH
& WE
LF.

PEN
SION

TRA
ING.

FUN
D
ADMIN

DUE
S

TRAV/
SUB
S.

SAV
INGS

OTH
ER*

TOTAL
DED
UC-
TIONS

THIS
PRO
JECT

ALL
PRO
JECTS

FED.

TAX

F ICA
(SO
C. SEC.)

STATE
TAX

SDI

VAC/
HOLI
DAY

HEALTH
& WE
LF.

PEN
SION

TRA
ING.

FUN
D
ADMIN

DUE
S

TRAV/
SUB
S.

SAV
INGS

OTH
ER*

TOTAL
DED
UC-
TIONS

THIS
PRO
JECT

ALL
PRO
JECTS

FED.

TAX

F ICA
(SO
C. SEC.)

STATE
TAX

SDI

VAC/
HOLI
DAY

HEALTH
& WE
LF.

PEN
SION

TRA
ING.

FUN
D
ADMIN

DUE
S

TRAV/
SUB
S.

SAV
INGS

OTH
ER*

TOTAL
DED
UC-
TIONS

PUBLIC WORKS PAYROLL REPORTING FORM
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Statement of Compliance
Date:______________

I __________________, the undersigned, am the ________________________________ with the authority to act for and on (Print Name) (Position in Business) behalf of _______________________ certify under penalty of perjury that the records commencing on ______________ and en
ding on _______________ submitted herein and consisting of ____ pages are the originals, full and corrected documents, which depict the payroll record(s) of actual disbursements by way of cash, check, or whatever form to the individual or individuals names,

(1) That this employer has complied with the requirements of the California Labor Code Sections. 1771, 1811, and 1815 for all performed on this public works project, and that the classifications set forth therein for each trade rate conform with the work Performed.
(2) That any apprentices employed in the above period are duly registered to a bona fide apprenticeship program registered with the State of California’s Division of Apprenticeship Standards.

PAYROLL/OTHER DEDUCTIONS

1. I herein certify the full and complete Prevailing Wages were paid as currently published and posted by the Director of In
dustrial Relations, State of California and only deductions as authorized under the laws of the State of California or the la
ws of United States of America have been made from these sums.

2. All other deductions are clearly listed for each employee on an attachment as required by the Director of Industrial Re
lations, State of California.

OPTIONAL BENEFIT PLANS

I herein certify that all employee deductions for benefit plans are authorized and the employee(s) are signed up for the plan(s) and are receiving the benefit(s) of the plan(s) listed.

WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS, OR PROGRAMS In addition to the basic hourly wage rates paid to each laborer or mechanic listed in the above payroll, payment of fringe benefits as listed in the contract have or will be made to the appropriate programs for the benefit of such employees, except as noted below.

WHERE FRINGE BENEFITS ARE PAID IN CASH
Each laborer or mechanic listed in the above payroll has been paid as indicated on the payroll, an amount not less the sum of the applicable basic hourly rate plus the amount of the required fringe benefits as listed in the determination for the craft, except as noted below,

Exception(s)
________________________________________________________________________________________________________ Craft Explanation ________________________________________________________________________________________________________ Craft Explanation ________________________________________________________________________________________________________ Craft Explanation

I herein certify under the penalty of perjury all of the above is true and correct as submitted. ________________________________________________________________________________________________________ Name Signature

________________________________________________________________________________________________________ Date Payroll #
Remarks

____________________________________________________________________________________________________ Redlans Regular Meeting of 09-05-2023
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2N
CO

NTRACTOR INFORMATION SHEET
Job N
ame: _________________________________________ Category: ____________________________________ Prime Contractor: ___________________________________________________________________________________ Subcontractor: ______________________________________ License#: _____________________________________ Address: ____________________________________________________________________________________________ Phone #: ___________________________________________ Payroll Report Contact: _______________________ Email Address: _____________________________________________________________________________________ Fax #: ______________________________________________ Contract Amount: ____________________________ Estimated Start Date: _______________________________ Estimated End Date: _________________________ ANTICIPATED TRADES/CLASSIFICATIONS:
______________________________________________ ______________________________________________ ______________________________________________ ______________________________________________ ______________________________________________ ______________________________________________ SUB-CONTRACTORS (if applicable)
Name: License #: Phone/ Fax #: Contact:
______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ Redlans Regular Meeting of 09-05-2023
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APPENDIX B

CITY OF REDLANDS WORKDAY CONSTRUCTION

SCHEDULE
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CITY OF REDLANDS
MUNICIPAL UTILITIES AND ENGINEERING DEPARTMENT 2017

APPENDIX B

CONSTRUCTION WORKDAY CALENDAR

JANUARY

FEBRUARY

MARCH
S

S
1 2

3 4

5 6

7 1

2 3

4 1

2 3

4 1 2 3 4 5 6 7

32 33 34 35

60 61 62 63
8 9

10 11

12 13

14 5

6 7

8 9

10 11

5 6

7 8

9 10

11 8 9 10 11 12 13 14

36 37 38 39 40 41 42

64 65 66 67 68 69 70
15 16

17 18

19 20

21 12

13 14

15 16

17 18

12 13

14 15

16 17

18 15 16 17 18 19 20 21

43 44 45 46 47 48 49

71 72 73 74 75 76 77
22 23

24 25

26 27

28 19

20 21

22 23

24 25

19 20

21 22

23 24

25 22 23 24 25 26 27 28

50 51 52 53 54 55 56

78 79 80 81 82 83 84
29 30

31 26

27 28

26 27

28 29

30 31

29 30 31

57 58 59

85 86 87 88 89 90

APRIL

MAY

JUNE
S

1 1

2 3

4 5

6 1

2 3

91 121

122

123

124

125

126 152 153 154
2 3

4 5

6 7

8 7

8 9

10 11

12 13

4 5

6 7

8 9

10 92 93 94 95 96 97 98 127 128 129 130 131 132

133 155 156 157 158 159 160 161
9 10

11 12

13 14

15 14

15 16

17 18

19 20

11 12

13 14

15 16

17 99 100 101 102 103 104 105 134 135 136 137 138 139

140 162 163 164 165 166 167 168
16 17

18 19

20 21

22 21

22 23

24 25

26 27

18 19

20 21

22 23

24 106 107 108 109 110 111 112 141 142 143 144 145 146

147 169 170 171 172 173 174 175
23 24

25 26

27 28

29 28

29 30

31 25

26 27

28 29

30 113 114 115 116 117 118 119 148 149 150 151

176 177 178 179 180 181
30 120

JULY

AUGUST

SEPTEMBER
S

1 1

2 3

4 5

1 2

182

213 214 215 216 217 244 245
2 3

4 5

6 7

8 6

7 8

9 10

11 12

3 4

5 6

7 8

9 183 184 185 186 187 188 189

218 219 220 221 222 223 224 246 247 248 249 250 251 252 9 10

11 12

13 14

15 13

14 15

16 17

18 19

10 11

12 13

14 15

16 190 191 192 193 194 195 196

225 226 227 228 229 230 231 253 254 255 256 257 258 259 16 17

18 19

20 21

22 20

21 22

23 24

25 26

17 18

19 20

21 22

23 197 198 199 200 201 202 203

231 233 234 235 236 237 238 260 261 262 263 264 265 266 23 24

25 26

27 28

29 27

28 29

30 31

24 25

26 27

28 29

30 204 205 206 207 208 209 210

239 240 241 242 243 267 268 269 270 271 272 273
30 31

211 212

OCTOBER

NOVEMBER

DECEMBER
S

S
1 2

3 4

5 6

7 1

2 3

4 1

2 274 275 276 277 278 279 280

305 306 307 308 335 336
8 9

10 11

12 13

14 5

6 7

8 9

10 11

3 4

5 6

7 8

9 281 282 283 284 285 286 287

309 310 311 312 313 314 315 337 338 339 340 341 342 343 15 16

17 18

19 20

21 12

13 14

15 16

17 18

10 11

12 13

14 15

16 288 289 290 291 292 293 294

316 317 318 319 320 321 322 344 345 346 347 348 349 350 22 23

24 25

26 27

28 19

20 21

22 23

24 25

17 18

19 20

21 22

23 295 296 297 298 299 300 301

323 324 325 326 327 328 329 351 352 353 354 355 356 357 29 30

31 26

27 28

29 30

24 25

26 27

28 29

30 302 303 304

330 331 332 333 334 358 359 360 361 362 363 364

31 365

City Holiday
Closed

2023
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APPENDIX C

CITY OF REDLANDS CONTRACTOR

SAFETY PROGRAM
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THE CITY OF REDLANDS

CONTRACTOR SAFETY

PROGRAM
Rev. June 15, 2021
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TABLE OF CONTENTS
I. POLICY ......................................................................................................................3 II. AUTHORITY ..............................................................................................................3 III. SCOPE .....................................................................................................................3 IV. DEFINITIONS ...........................................................................................................3 V. RESPONSIBILITIES ....................................................................................................4 RISK MANAGEMENT... …………………………………………………………………………………………………………4 PROJECT MANAGER (CITY)……………………………………………………………………………………………………..5 INSPECTOR (CITY)………………………………………………………………………………………………………………..5 EMPLOYEES (CITY)……………………………………………………………………………………………………………….5 CONTRACTOR…………………………………………………………………………………………………………………….5 PROJECT SAFETY OFFICIAL……………………………………………………………………………………………………..6 VI. PROGRAM ..............................................................................................................6 SAFETY PREQUALIFICATION QUESTIONNAIRE……………………………………………………………………………..6 APPEAL PROCESS…………………………………………………………………………………………………………………7 CONSTRUCTION PROJECTS (TIER I AND TIER II)…………………………………………………………………………….8 INSPECTIONS……………………………………………………………………………………………………………………..9 TRAINING/DOCUMENTATION………………………………………………………………………………………………...9 NON-COMPLIANCE………………………………………………………………………………………………………………9 CITY PERSONNEL………………………………………………………………………………………………………………….9 VII. RECORDKEEPING………………………………………………………………………………………………….10 VIII. ADDITIONAL REFERENCES ................................................................................... 10 ACKNOWLEDGMENT OF RECEIPT (A)……………………………………………………………………………………….11 SAFETY PREQUALIFICATION QUESTIONNAIRE (B)………………………………………………………………………..12 NOTICE OF NONCOMPLIANCE (C)…………………………………………………………………………………………..13 JOB HAZARD ANALYSIS (D)……………………………………………………………………………………………………14 INCIDENT INVESTIGATION FORM (E)………………………………………………………………………………………..15 Redlans Regular Meeting of 09-05-2023
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3 I. Policy

CONTRACTOR SAFETY PROGRAM
The purpose of this Contractor Safety Program (“CSP”) is to ensure, as best as reasonably possible, the protection and safety of all persons and property during construction activities undertaken by private contractors on behalf of the City of Redlands (“C ity”). The City has a comprehensive and structured approach in outsourcing services performed on City facilities by third -party persons and entities (“Contractor(s)”). The first phase of this comprehensive approach includes actively screening Contractors based on safety records, safety performance, and safety compliance. After the qualified Contractor is awarded a contract, the Contractor must then ensure compliance with all local, state, federal and Cal/OSHA regulations applicable to the contracted scope o f work, and requirements set forth within this CSP. The Contractor, its agents , and personnel must adhere to the policies and procedures set forth by this CSP and all applicable laws and regulations.

II. Authority
California Code of Regulations, Title 8, Section 336.10 “Determination of Citable Employer” California Code of Regulations, Title 8
“Greenbook” Standard Specifications for Public Works Construction Redlands Municipal Code
California Building Code
III. Scope
This CSP applies to all Contractors who provide or render construction or improvement services for City- owned property and facilities.

The Contractor services covered under this CSP include, but are not limited to, the following:

A. New construction;
B. Remodeling;
C. Facility maintenance or repair;
D. Equipment installation or maintenance; and
E. Services (i.e. janitorial, fleet operations, landscaping, etc.)

Consultants/ Professional service providers are exempt from having to submit a Safety Prequalification Questionnaire (“SPQ”), prior to the beginning of work, but they are expected to be compliant with industry best practices with regards to maintaining a safe work environment for their employees and others.

IV. Definitions
A. Contract – any written agreement between the City of Redlands and a Contractor, to perform a specified scope of work on City facilities. With respect to this policy, a contract includes, but is not limited to: awarded purchase orders, bids, and/ or project contracts.

B. Construction Work – construction, alteration, and/or repair, including painting and decorating.

C. Contractor – a person or entity (including all personnel) awarded a contract to perform work on City property or facilities.

D. D.A.R.T Rate – Injuries and illnesses severe enough to warrant: Days Away, Restrictions and Transfers. The DART rate is calculated using the following formula: Number of OSHA Recordable injuries and illnesses that resulted in Days Away x 200,000/divided by total hours worked by all employees during the year covered.

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4 E. Designated Work Area – an area where it is necessary to restrict or limit entry or access of nonessential personnel or the public. Examples include work areas involving remediation abatement, demolition, excavation, and overhead lifting.

F. Facilities – any building or property owned by the City of Redlands.

G. Hazard – source or situation with a potential for harm in terms of injury or health, damage to property, damage to workplace environment, or a combination of these.

H. Job Hazard Analysis (“JHA”) – a technique that focuses on job tasks as a way to identify hazards before they occur. It focuses on the relationship between the worker, the task, the tools, and the work environment. The objective is to eliminate the r isk or to utilize control measures to reduce the risk.

I. North American Industry Classification System ( “NAICS”) – is the standard used by Federal statistical agencies in classifying business establishments for the purpose of collecting, analyzing, and publishing statistical data related to the U.S. business economy.

J. Non-compliance – any deviation from standards, practices, processes, procedures, regulations etc. that could either directly or indirectly lead to injury or illness, property damage, damage to the workplace environment, or any combination of these criteria.

K. Notice of non-compliance – form provided to the Contractor by the City alerting the contractor of non-compliance with City specifications, Cal/OSHA regulations, or any other generally accepted safe work practice.

L. Non-compliant hazardous work condition – any hazard that is considered to be non- compliant with State or Federal safety and health regulations, City specifications, or any inconsistency with generally accepted work practices.

M. Personnel – all Contractor employees, contractors, sub-contractors and agents provided access to City property or facilities.

N. Recordable Incident – any injury or illness resulting in death, days away from work, restricted work or transfer to another job, medical treatment beyond first aid, or loss of consciousness per OSHA Section 1904.7(a).

O. Safety Tailgate – informal safety meeting generally conducted at the job site prior to the commencement of a job or work shift.

P. Services – any and all, labor, duties, functions and activities required to be performed by the Contractor under the contract and any subsequent addenda.

V. Responsibilities

RISK MANAGEMENT
A. Update, maintain, and administer this CSP;
B. Maintain centralized records of training, site visit data, written programs, tailgate meetings, permits, and all other necessary contractor related documentation;
C. Provide technical assistance to Engineering personnel; D. Attend Pre-construction meetings and progress meetings as needed; E. Provide assistance on safety inspections as needed;
F. Review safety submittals;
G. Provide guidance on pre-qualification determination; and H. Provide training to affected city personnel with responsibilities under this program.

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5 PROJECT MANAGER (CITY)
The Project Manager has the authority to delegate any or all portions of this CSP to subordinates, but the Project Manager will be held accountable for their compliance. The Project Manager shall contact Risk Management, as necessary, for assistance in relation to this CSP.

A. Ensure safety hazards are addressed in a timely manner; B. Communicate safety concerns during pre-construction meetings and progress meetings; C. Inform impacted employees of construction activities scheduled in their work area; D. Enforce pre-qualification procedures in bidding process; and E. Ensure this CSP is properly executed.

INSPECTOR (CITY)
The City of Redlands construction inspector is not a safety professional and will only provide “Notice of Non- Compliance” for obvious and serious non-compliant conditions.

A. To the best of their abilities, inspect work sites for safety hazards; B. Communicate safety concerns to Contractor;
C. Provide Contractor with “Notice of Non-Compliance” when serious conditions occur or repeat violations; D. Collect documentation needed for construction worksites; E. Submit documentation to Risk Management for recordkeeping; F. Maintain photo documentation of safety hazards;
G. Never enter situations that can harm or endanger himself/ herself; H. Never use personal protective equipment (PPE) or enter situations, which they are not trained for; I. Contact Emergency Medical Services (911) and Risk Management in case of emergency; and J. Attend and communicate safety concerns in progress meetings.

EMPLOYEES (CITY)
A. Immediately notify the Project Manager, inspector, or Risk Management of any safety related concerns at a Contractor job site; and
B. Contact Emergency Medical Services (911) and Risk Management in case of emergency.

CONTRACTOR
Where relevant and applicable, the Contractor’s responsibilities shall include:

A. Compliance with requirements and responsibilities detailed within the Contractor Safety Program; B. Ensure all local regulatory requirements are met and all necessary permits are obtained before conducting work on behalf of the City;
C. Designate a Project Safety Official by name who shall be available at all times to abate safety hazards; D. Ensure all personnel have the appropriate qualifications and training to perform the contracted work (Copies of current training documentation and certifications must be on file with the City); E. Inform City Project Manager or inspector of any job site safety hazards or concerns; F. Inform City Project Manager if any suspected asbestos-containing material is located; G. Conduct and submit Job Hazard Analysis (JHA) before work and as required by change of tasks; H. Conduct and submit Safety Tailgates on a bi-weekly basis; I. Provide all required PPE necessary to conduct work safely and in accordance with required local regulations;
J. The safety of all individuals who enter work site;
K. Spill cleanup;
L. Immediately report any incidents, accidents, near misses, unsafe conditions, or unsafe acts involving any jobsite personnel;
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6 M. Arrange for the proper storage and removal of waste generated prior to the completion of job, and provide confirmation that the materials have been removed or disposed of in a manner compliant with all applicable environmental regulations;
N. Removing all equipment used during work activities and ensuring proper housekeeping of designated work area at the end of each workday and upon completion of the job; O. Contact Emergency Services (911) and Project Manager in the event of an emergency; and P. For the actions of their subcontractors, as they may pertain to this CSP, including their adherence to its contents and review of this document.

PROJECT SAFETY OFFICIAL (CONTRACTOR)
A. Shall be at the work site at all times;
B. Must be thoroughly familiar with the Contractor’s Injury and Illness Prevention Program (IIPP) and Code of Safe Practices;
C. Shall be available at all times to abate any potential safety hazards; and D. Shall have the authority and responsibility to shut down an unsafe operation, if necessary.

VI. Program

SAFETY PREQUALIFICATION PROCESS
A. The safety prequalification process is intended to:
• Provide the City with knowledge of past and current safety performance of Contractors working on City construction projects;
• Improve Contractor compliance with City safety rules, including safe work practices required by applicable regulations and laws; and
• Improve safety during Contractor activities.

B. A copy of the SPQ shall be provided to each person or entity bidding on a project, as part of the bidding process.

C. The completed questionnaire shall be returned and reviewed prior to awarding contract work, with supporting information provided as indicated by responses on questionnaire.

D. The SPQ shall be submitted to: 35 Cajon St., Suite 4 Redlands Ca, 92373
Attention: Project Name-Contractor Name-SPQ
E. The following criteria and information relating to the Contractor will be reviewed prior to awarding contract:
• Contractor License;
• Incident Rates;
• OSHA Citations;
• Safety Policies;
• Safety Programs and Procedures;
• Compliance History on City Projects; and
• Certification Statement.

F. Contractor must qualify in each section to be approved for award of a contract.

G. If a Contractor fails to pass prequalification procedure, the City has the right to disqualify the Contractor’s proposal.

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7 H. All costs associated with compliance with City of Redlands prequalification requirements shall be at the sole expense of the Contractor.

I. If a Contractor provides information that is later determined to be false, or improperly withholds information, the Contractor will be immediately disqualified.

J. Any questions or information relating to filing this questionnaire may be answered by reaching:
• Engineering: (909) 798-7698; or
• Risk Management: (909) 798-7514

DISQUALIFICATION APPEAL PROCESS
This provision is established pursuant to Public Contract Code section 20101(d) which requires every public agency that requires prospective bidders to prequalify pursuant to the law to establish “a process that will allow prospective bidders to dispute their proposed prequalification rating prior to selection of an alternate bidder.” If the City intends to disqualify a bidder based upon the bidder’s safety record, the City will notify the bidder in writing and provide the bidder with any supporting evidence that has been received from others or adduced as a result of an investigation by the City. The notice of intention shall be sent by certified mail with return receipt requested or by overnight mail via a delivery service that provides online tracking which identifies the date of the prospective bidder’s receipt of the notice, and shall include notice that the bidder has the right to, and may request a hearing to rebut any evidence used as a basis for disqualification and to present evidence to the City as to why the prospective bidder should be found qualified. Requests for a hearing must be made by written request to the City within ten calendar days of the date of the prospective bidder’s receipt of the City’s notice of intention. If the bidder does not request a hearing within the time allowed, the City’s determination shall stand unchallenged and become final.

Within seven calendar days of receiving the bidder’s request for a hearing, the City shall notify the bidder in writing of the date, time and place of the hearing. The hearing shall be held no sooner than ten (10) calendar days and no later than fifteen (15) calendar days after the notice is given. The notice shall inform the bidder of its right to present testimony and documents in support of its position.

The hearing shall be conducted before the Redlands City Manager, which may be continued from time to time as reasonably determined by the City Manager, but shall not exceed forty five (45) days. At the conclusion of the hearing, and after considering all testimony and documentation presented, the City Manager shall issue a written decision no later than five calendar days following the hearing. The City Manager’s decision shall be final and is not subject to further appeal to the City.

The bidder shall not be entitled to bid on any contracts with the City until it has met the safety pre -qualification standards. If the City Manager approves an appeal, the contractor will have been deemed to meet the qualification standards and it will be valid for one year. The bidder shall have the right to withdraw its application for prequalification or its appeal at any time before the City Manager’s decision becomes final. Such withdrawal will not preclude the bidder from re-applying for prequalification.

CONSTRUCTION PROJECTS
A. After a contract is awarded, the Contractor shall maintain, throughout the duration of the project, safety measures as necessary to protect the public and workers within, or in the vicinity of, the designated work zone. This includes an evaluation of the work to be performed and the hazards likely to be encountered.

Contractors are expected to follow, at a minimum, all pertinent laws, rules and regulations for the location in which they will be working. Where applicable, Contractor Safety Programs will meet or exceed City programs/ procedures and are subject to review and approval by the City prior to contract execution.

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B. Job Hazard Analysis (“JHA”)

1. Prior to a notice to proceed a JHA must be completed utilizing the City’s form, or equivalent, to assess the hazards present in the designated work area. Any information requested on the City’s form, but not stated on the equivalent form utilized, shall be provided separately with the original submission.

2. All members of the construction unit must sign the JHA to acknowledge hazard abatement procedures.

3. JHA must be kept at job site accessible to all impacted personnel.

4. Failure to follow JHA procedures may lead to termination of the contract.

C. Personal Protective Equipment (“PPE”)

1. All required PPE must be worn at all times during work activities.

2. All mandatory PPE must be highlighted in the JHA.

3. PPE shall be provided by the Contractor.

4. Failure to follow PPE guidelines may lead to termination of the contract.

D. Safety Tailgates

1. Safety Tailgate Meetings must be held on a biweekly basis for all construction projects.

2. The first meeting shall take place on Day 1, Week 1 and every other week thereafter.

3. Tailgates shall be signed by all personnel and submitted to Construction Inspector for recordkeeping.

4. Tailgate topics should be specific to the scope of work of the project.

E. Injury Reporting

1. Contractors shall immediately report injuries or accidents to the Project Manager (regardless of severity). Additionally, contractors are responsible for and must also conduct accident investigations of any injuries that occur on site and provide results to the Project Manager.

2. Use the City Incident Investigation Form (Attachment E), or equivalent, to meet this requirement.

F. Spill Prevention

1. The Contractor is responsible for any spill within the confines of the project and those outside of the construction limits caused by the Contractor’s defective equipment, containers, or personnel.

2. Secondary spill containment systems shall be used to prevent contamination of the environment.

G. Construction in Occupied Buildings

1. When building occupants are present during construction projects additional safeguards must be implemented to eliminate exposures and complaints. Dust/ particulates from demolition, sanding and other construction activities must be controlled by adequate ventilation, or containment and negative air ventilation systems based upon the specific type of activity and particle. Similar controls must be utilized for odorous activities including, but not limited to, carpet adhesive, painting, welding, and coatings.

2. The Contractor shall ensure that the HVAC system is protected in order to prevent contamination.

If an HVAC system is unprotected and contaminated by any construction/demolition materials, the Contractor shall be held responsible for the cost of cleaning the system and any subsequent repairs therein.

3. Negative air ventilation systems shall have appropriate filtration and be exhausted outside of the building.

INSPECTIONS
A. Follow up inspections will be executed to enforce compliance with safety and health requirements.

B. Follow up inspections will be conducted as part of routine site inspections by construction inspector and Risk Management employees.

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C. The SPQ aims to provide the City with knowledge of Contractor safety history and safety practices. This minimizes the need for increased frequency of inspections. In addition, the City will take the following guidelines into consideration when determining frequency of inspections.

1. Scale of project;

2. The frequency with which the number and types of hazards change as the work progresses;

3. More frequent inspections will be implemented in the beginning of the project; and

4. When the Contractor has never worked for the City.

TRAINING/DOCUMENTATION
A. Contractor will ensure that all personnel are properly trained for the scope of work they are assigned, as well as the equipment they will be utilizing.

B. Documentation shall be on file with the City prior to project start.

C. Personnel missing training documentation shall not be permitted to work on awarded City projects.

D. Training requirements are mandated by Federal and State Regulations. This may include, but is not limited, to the programs listed in the SPQ.

NON-COMPLIANCE
A. Contractor compliance issues shall be documented on the “Notice of Non -Compliance” form. A copy of this form shall be provided to Contractor for completion.

B. Upon receipt of the completed “Notice of Non -Compliance” form, the Project Manager and Risk Management will evaluate, based on the incident, and identify, as appropriate, any additional corrective and/or preventive actions for completion.

C. If immediate correction is not feasible, the project will be temporarily stopped until the issue is adequately resolved.

D. City staff with authority to stop work are:

1. Construction Inspector;

2. City Project Manager;

3. City Manager; and

4. Risk Management staff.

E. Any violation or deviation from safety rules, procedures, or regulations, based on evaluation, may be subject to any and all disciplinary actions listed as follows:

1. Verbal warning

2. Written warning-Notice of Non-Compliance (work may not continue until approved corrections are implemented);

3. Dismissal of non-complying personnel; and/or

4. Termination of Contract.

The City of Redlands maintains the right to terminate any contract for the violation of safety issues without liability to the City.

CITY PERSONNEL
A. All affected City employees will be informed in advance of any construction related work or other contract work which has the potential for impacting their workplace. Notifications will be made to all affected employees via e-mail or written memo by the Project Manager or designee. Notifications must include the following information:

1. Start and end dates of the work to be completed;

2. Work areas to be affected;
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3. Description of work to be completed;

4. Name and phone number of Project Manager;

5. Name and phone number of Construction Inspector; and

6. Name and phone number of Risk Management.

B. Employees should be instructed to notify Project Manager regarding logistical issues or other concerns.

Safety and Health concerns should be directed to either the Project Manager, Inspector, or Safety Specialist.

VII. Recordkeeping
The City’s Human Resources / Risk Management Department will maintain all records prepared in association with this CSP, with copies also place on file with the office of the City Clerk.

VIII. Additional References
https://www.dir.ca.gov/title8/336_10.html

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11 City o
f Redlands
Acknowledgment of Receipt Statement
I acknowledge by signing this document, that I have received and reviewed the City of Redlands’ Contractor Safety Program and understand that it contains important information on the City’s policies and procedures regarding employee safety as it pertains to Contractor activities. Furthermore, I acknowledge that failure to comply with any of these procedures may lead to termination of the contract with the City.
_____
_______________________ ______________________________ Contractor Signature Co ntractor Title:
____________
__________________________ ________________________________________ Contractor Name (Print) Date Signed
If you
have any questions regarding this document, please contact the Risk Management Division at (909) 798-7514.

Attachment A
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12 CITY OF REDLANDS

SAFETY PREQUALIFICATION QUESTIONNAIRE

SECTION 1 – GENERAL INFORMATION

Company Name:

Contractor License #:

Expiration Date:

Address:

City: State: Zip Code:

Name of Person Submitting Application:

Title: Telephone #:

Email Address:

Identify the highest ranking Safety/Health Professional in your Company:

Name:

Title: Telephone #:

Omitting or reporting false information on this questionnaire may result in disqualification of bid.

The City of Redlands reserves the right to conduct random or for-cause audits of information stated in this questionnaire. If deemed necessary, additional documentation may be requested by the City to verify responses on this questionnaire.

Attachment B
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13 SECTION 2 – INCIDENT RATES & WORKER’S COMPENSATION INFORMATION

INCIDENT RATES
Provide your actual injury and illness data below:

Provide the NAICS Code Number that best represents
your Firm:_____________________________
Provide any additional numbers here:
______________________________________

(Provide three full years of data) Last Calendar

2 Years Ago 3 Years Ago

Number of hours worked by all employees:

Total Recordable Incident Rate*:

D.A.R.T. Rate*:

Total Number of Fatalities:

Incident Rate = [(Total Recordable Cases X 200,000 hours)/ Number of hours worked by all employees]

D.A.R.T. Rate = [(Total Number of entries for Days Away, Restricted and Job Transfer X 200,000 hours)/ Number of hours worked by all employees]

If your latest incident rates and D.A.R.T. rates are greater than 100% of the industry average for all your NAICS code Numbers Listed, your bid may be disqualified.

The industry average can be found at www.bls.gov

WORKERS’ COMPENSATION INFORMATION

1. Provide your Workers’ Compensation Experience Modification Rate (EMR) Data:

Policy Year

EMR
* If your current EMR is greater than 1.25, initialing here certifies that you will provide a competent, full- time person or representative responsible for safety for all City projects:____________
Current EMR*

* lnitialing here certifies that your firm does not have an EMR:___________ (Submit a copy of your firm's Loss Run Reports for the last three years if your firm does not have an EMR.)
1 Year Ago:

2 Years Ago:

Name of your firm’s Workers’ Compensation carrier:
3 Years Ago:

Phone Number of Workers’ Compensation carrier

2. Is your firm self-insured for Workers' Compensation claims? Yes  No  (If yes, please attach a copy of the latest Annual Report to the State of California Department of Industrial Relations and/or State of California Certificate of Self-Insurance.)

SECTION 3– CITATION HISTORY

1. Has your firm received any regulatory citations in the last three years? Yes  No  If yes, please answer the question below.

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14 2. Were any of the confirmed (Closed) citations classified as Serious, Willful, Repeat, or Failure to abate?
Yes  No 

3. If yes, please explain:

4. Have you abated all of the citations issued to you in the last three years Yes  No  If no, please explain abatement action plan:

SECTION 4 – SAFETY POLICIES
Questions (Please check YES or NO) YES NO*

1. Does your company provide and adhere to a written Illness Prevention Program (IIPP) (CCR Title 8 §3203(a))? If yes, a copy of the program will be required on-hand at the job site throughout the duration of the contract. Please attach a copy to your bid proposal.  

2. Does your company provide and conduct Tailgate Meetings, or equivalent with employees at least every 10 working days. (CCR Title 8 §1509(e))  

3. Does your company have a policy for disciplinary action for unsafe behavior ensuring employee compliance with safe and healthy work practices? (CCR Title 8 §3203(a)(2))  

4. Does your company provide and abide by a written Code of Safe Practices that relates to your firm’s operations. (CCR Title 8 §1509(b)) If yes, a copy of the Code of Safe Practices will be required on -hand at the job site throughout the duration of the contract. Please attach a copy with your bid proposal.  

5. Does your company perform JHAs? (CCR Title 8 §1511(b)  

6. Does your company provide training and retraining programs for ensuring employee compliance with safe and healthy work practices? (CCR Title 8 §3203 (a)(2), (a)(7)  

7. Does your company provide training and retraining programs for ensuring employee compliance   *Please provide reason(s) for NO answer in the box below or on a separate sheet of paper.

Failure to provide the above-referenced documents will result in the contractor’s bid being disqualified.

SECTION 5 – SAFETY PROGRAMS AND PROCEDURES

PLEASE ANSWER ALL QUESTIONS BY CHECKING YES OR NO, AND ATTACHING APPROPRIATE DOCUMENTS THAT MAY APPLY OR AS REQUESTED.

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15 YES NO

1. Is Confined Space work anticipated in the scope of the work awarded? (If no, please proceed to Question 2)  
If yes, please attach the following: Attached?
Copy of written Confined Space Entry Procedure
 
List of personnel authorized on jobsite to work in confined space(s)  
List of personnel authorized on jobsite to serve as Rescue Team  
Verification of personnel training (copies of certs, cards, etc.)  

2. Is work requiring Lockout/Tagout protocols anticipated in the scope of the work awarded? (If no, please proceed to Question 3)  
If yes, please attach the following: Attached?
Copy of written Lockout/Tagout (LOTO) Procedure
 
List of personnel authorized on jobsite to perform LOTO  
Verification of personnel training (copies of certs, cards, etc.)  

3. Is work requiring a personal lift anticipated in the scope of the work awarded? (If no, please proceed to Question 4)  
If yes, please attach the following: Attached?
List of personnel authorized on jobsite to use lifts
 
Verification of personnel training (copies of certs, cards, etc.)  

4. Is work requiring a forklift anticipated in the scope of the work awarded? (If no, please proceed to Question 5)  
If yes, please attach the following: Attached?
List of personnel authorized on jobsite to use a forklift  
Verification of personnel training (copies of certs, cards, etc.)  

5. Is work requiring a crane anticipated in the scope of the work awarded? (If no, please proceed to Question 6)  
If yes, please attach the following: Attached?
Copy of written Crane Program
 
Copy of all expected Crane operators’ Certifications
 
List of personnel designated as Competent under Crane program  
Verification of personnel training (copies of certs, cards, etc.)  
NOTE: If awarded bid, more documentation may be required

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16 6. Is Hot Work (as defined by OSHA) anticipated in the scope of the work awarded? (If no, please proceed to Question 7)  
If yes, please attach the following: Attached?
Copy of written Hot Work Procedure
 
List of personnel authorized on jobsite to perform Hot Work  
Verification of personnel training (copies of certs, cards, etc.)  

7. Is Trenching/ Excavation work anticipated in the scope of the work awarded? (If no, proceed to Question 8)  
Is a plan in place for the disposal of all material that cannot be returned to the trench/ excavation?  
Are appropriate materials for barricading or securing work area at jobsite?  
Has a permit from the Department of Industrial Relations for excavations deeper than 5 feet been obtained?  
If yes, please attach the following: Attached?
Copy of written Trenching/ Excavation Procedure
 
Copy of Permit if trench is to exceed depth of 5 feet
 
List of personnel designated as Competent under Trenching/ Excavation Program  
Verification of personnel training (copies of certs, cards, etc.)  
NOTE: If awarded bid, more documentation may be required

8. Is electrical work anticipated in the scope of the work awarded? (If no, proceed to Question 9)  
If yes, please attach the following: Attached?
Copy of written Electrical Safety Program
 
List of personnel designated as Competent under Electrical Safety Program  
Verification of personnel training (copies of certs, cards, etc.)  

9. Is work that may have an arc flash potential anticipated in the scope of the work awarded? (If no, proceed to Question 10)  
Are all materials required to safely perform arc flash present?  
If yes, please attach the following: Attached?
Copy of Arc Flash Procedure
 
List of personnel designated as Competent under Arc Flash Program  
Verification of personnel training (copies of certs, cards, etc.)  

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17 10. Is work involving chemicals anticipated in the scope of the work awarded? (If no, proceed to Question 11)?  
If yes, please attach the following: Attached?
Copy of written Hearing Conservation Program
 
List of personnel working in high noise areas
 
Verification of personnel training (copies of certs, cards, etc.)  

11. Is work involving chemicals anticipated in the scope of the work awarded? (If no, proceed to Question 12)?  
* Copies of SDS for Chemicals used must be kept at jobsite Please attach the following: Attached?
Copy of written Hazard Communication Program
 
List of personnel performing work with chemicals
 
Verification of personnel training (copies of certs, cards, etc.)  
List trade names of all hazardous materials which you will be using on site:

12. Is work on or adjacent to public roadways anticipated in the scope of the work awarded. (If no, proceed to Question 13)

 
Do you have the appropriate provisions (signs, devices, barricades/)  
Please attach the following: Attached?
Please provide a list of personnel working in traffic areas.  
Verification of personnel training (copies of certs, cards, etc.)  
NOTE: If awarded bid, more documentation may be required

13. Is it anticipated in the scope of the work awarded that exposure to asbestos is possible? (If no, proceed to Question 14)  
Please attach the following: Attached?
Copy of written procedure(s)
 
List of personnel working with potential exposure to asbestos  
Verification of personnel training (copies of certs, cards, etc.)  
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18 14. Is it anticipated in the scope of the work awarded that exposure to silica is possible? (i.e. sandblasting, concrete demolition, concrete saw cutting, surface grinding, etc.) (If no, proceed to Question 15)
 
Please attach the following: Attached?
Copy of Silica Control Plan
 
List of personnel working with potential exposure to silica  
Verification of personnel training (copies of certs, cards, etc.)  

15. Is work at heights anticipated in the scope of the work awarded? (If no, proceed to Question 16)  
Please attach the following: Attached?
Copy of written Fall Protection Program
 
List of personnel designated as Competent under Fall Protection Program  
Verification of personnel training (copies of certs, cards, etc.)  

16. Is work requiring the use of respirators anticipated in the scope of the work awarded? (If no, proceed to Question 17)  
Please attach the following: Attached?
Copy of written Respiratory Protection Program
 
List of personnel using respirators
 
Verification of personnel training (copies of certs, cards, etc.)  

17. If the scope of work to be performed is not adequately represented by questions (1-16), please list any additional Health & Safety concerns below.

SECTION 6 – COMPLIANCE HISTORY ON CITY PROJECTS
In addition to the previous sections, Contractors that have previously been awarded work by the City, will be equally evaluated on their compliance history in relation to City projects.

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19 SECTION 7 – CERTIFICATION STATEMENT

I Certify under penalty of perjury that:

a. the information contained herein is true and correct to the best of my knowledge, and

b. no attempt has been made to give false or misleading information or to withhold any information.

Signature of Authorized Representative:

Title of Authorized Representative

Printed Name of Authorized Representative

Date Signed:

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20 NOTICE OF NON-COMPLIANCE
Project:

Contractor:

Notice of Non-Compliance was issued to Contractor’s representative, , Name
on at .

The following unsafe behaviors were observed at the Contractor’s job site:

If the unsafe condition is not immediately corrected, the City of Redlands may take disciplinary action in accordance with the Contractor Safety Program guidelines.

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

To be completed by Contractor

Corrective action plan to abate hazards:

Unsafe Condition Resolved: Date: Time:

Remarks:

Attachment C
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21 Job Hazard Analysis

Signatures of Employees On-Site this JHA is applicable to:

Project:

Company: Project Safety Official: Project Manager (City):

Scope of Work: Location: Date:

Tasks Potential Safety
Risks/Hazards
Safety
Controls/Mitigat

Required PPE
Hard Hat
Safety Vest
Safety Glasses/Goggles
Safety Boots
Respirator
Safety Gloves
Face Shield
Fall Protection
Other:

Employee Signature: Print Name: Date:

Attachment D
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22 INCIDENT INVESTIGATION FORM

Date of Incident: Time of Incident: Date Reported:

Lead Investigator: Contact Information:

Contractor: Employee Name:

Witness 1 Name: Telephone:

Witness 2 Name: Telephone:

Incident Site/ Location
Incident Summary:

Near Miss Yes No Incident Severity: Minor Significant Major Critical Root Cause(s):

Corrective Actions:

Attachment E
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APPENDIX D

PERMITS
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…
…
.

YES NO
.
…
…
…
.

YES NO
YES NO
Application for Road / Encroachment Permit
City of Redlands - Municipal Utilities & Engineering Department Name: Phone:

Address: City: Zip:

Contractor: USA ID No.:

Contractor License No.: Type: Cal OSHA No.:

I hereby request permission to construct/install improvements/facilities within the City of Redlands road right-of-way at the following location:

Construction Start Date: Anticipated Completion Date:

Development No.: Plan No.:

Street Name:

Cross Streets:

Address:
and for the purpose of performing the following work:

Applicant/Agent Signature: Date:

In accordance with Plans approved by the Municipal Utilities & Engineering Director and/or the Standard Specifications and Detail Drawings of the City of Redlands for the quantity and type of improvements listed below:

SHADED AREA FOR OFFICIAL USE ONLY
EA Driveway Appr, Res/Comm……………… $ 49.00 / EA =$ Truck Route Permit Required:

SF Sidewalk…………………………………… $ 0.09 / SF =$
YES NO
SF Cross Gutter/Spandrel…………………… $ 0.58 / SF =$
LF Curb & Gutter…………………………… $ 2.19 / LF =$ Closure Permit With LF Curb/Berm………………………………… $ 2.62 / LF =$ Traffic Plan Required:

SF Asphalt Pavement………………………… $ 0.04 / SF =$
SF Crushed Aggregate Base……………… $ 0.04 / SF =$
EA Street Light………………………………… $ 81.00 / EA =$ Water Shutdown Required:

EA Traffic Signal - New………………………. $ 2,152.00 / EA =$
EA Traffic Signal - Modification……………… $ 1,737.00 / EA =$ CY Reinforced Concrete…………………… $ 89.00 / CY =$ Bond Required:

LF Storm Drain Pipe…………………………. $ 8.00 / LF =$
EA Curb Inlet/Outlet Structures……………… $ 67.00 / EA =$
EA Storm Drain Manhole/Junction Box…….. $ 67.00 / EA =$ EA Curb Core…………………………………. $ 62.00 / EA =$
LF Sewer Main……………………..………… $ 0.95 / LF =$
EA Sewer Manhole…………………..………. $ 67.00 / EA =$ Conduit Material:

EA Sewer Cleanout…………………………… $ 134.00 / EA =$
EA Sewer Lateral…………………………… $ 67.00 / EA =$
LF Water Main - Potable…………………….. $ 1.09 / LF =$ Conduit Size:

LF Water Main - Non-Potable……...……….. $ 1.09 / LF =$
EA Fire Hydrant Assembly…………………… $ 66.00 / EA =$
EA Water Service Lateral……………………. $ 26.00 / EA =$
EA Water Shutdown………………………….. $ 67.00 / EA =$
EA Fire Service……………………………… $ 58.00 / EA =$
LF Excavation/Utility Trench………..….……. $ 1.25 / LF =$
SF Street Patch……………………………….. $ 0.67 / SF =$
SF Warranty Fee (Street Cut)……………..… $ / SF =$
$/ = $ Calculated By
$/ = $
SUBTOTAL PERMIT FEE $
PERMIT FEE work complete within specified date from issuance = Inspected by $ 219.00 fee. $219.00
Municipal Utilities & Engineering
PENALTY FEE 25% of total permit fee if issued after commencement of work $ ($250.00 minimum fee)($250.00 minimum fee)
(Effective 06/02/09) TOTAL ENCROACHMENT PERMIT FEE $ Approved By Redlans Regular Meeting of 09-05-2023
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City Council/Successor Agency Meeting L. 6.

DATE: 09/05/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of an additional appropriation of $4,932,257.96 from the Water Fund and approval of a Non-Professional Services Agreement with Ferguson Enterprises, LLC for an amount
not-to-exceed $6,747,257.96 for the third and final phase of the Water Meter Replacement Project (Municipal Utilities and Engineering Director Harris)
MOTION(S):

If City Council determines the staff recommendation is appropriate, the following motions are provided:

I move that the City Council approve an additional appropriation of $4,932,257.96 from the Water Fund for the third and final phase of the Water Meter Replacement Project; and

1. I move that the City Council approve a Non-Professional Services Agreement with Ferguson Enterprises, LLC for an amount not-to-exceed $6,747,257.96 for the third and final phase of the Water Meter Replacement Project.

2. RECOMMENDATION:

Staff recommends City Council approval of an additional appropriation of $4,932,257.96 from the Water Fund for the third and final phase of the Water Meter Replacement Project; and
Staff recommends City Council approval of a Non-Professional Services Agreement with Ferguson Enterprises, LLC for an amount non-to-exceed $6,747,257.96 for the third and final phase of the Water Meter Replacement Project.

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DISCUSSION:

In 2019, the Municipal Utilities and Engineering Department (MUED) standardized water meters throughout the City. MUED selected water meters from Neptune Technology Group (Neptune) based on performance, reliability, and cost. Neptune water meters function reliably and accurately throughout their fifteen (15) year anticipated service life, and the company provides excellent customer service and support. Ferguson Enterprises, LLC (Ferguson) is the sole distributor of Neptune products in California. Purchasing Neptune products from any other distributor voids the factory warranty.

The original concept for the Water Meter Replacement Project was to replace potable and non-potable water meters within the Redlands water service area annually over a five (5) year period. On June 15, 2021, City Council approved a Non-Professional Services Agreement (Agreement) with Ferguson for a not-to-exceed amount of $1,884,651 for the first annual phase of the project.

The initial term of the Agreement was for one (1) year and was extendable for four (4) additional one (1) year terms with a not-to-exceed amount of $1,815,000 each year for a total potential Agreement value of $9,144,651. Ferguson successfully completed the first annual phase of the project in June 2022 for a total of $1,624,187.80 and successfully completed the second annual phase of the project in June 2023 for a total of $1,807,100.25. To date, Ferguson has replaced and/or upgraded approximately 6,400 water meters.

Since initial approval of the project Agreement, prices for water meters, meter pit lids, receiver/transmitter units, and associated equipment have increased and the remainder of the project cannot be completed within the approved budget.

Furthermore, the current lead time for delivery of water meters is approximately ten (10) months. It is necessary to execute a new Agreement with Ferguson for the next phase of the project, which consolidates all remaining project elements into a single and final project phase. This will also reduce the overall project delivery schedule from five (5) years to four (4) years.

The final project phase will replace and/or upgrade approximately 14,000 water meters with new Neptune Automated Metering Infrastructure (AMI) capable water meters that will allow for automatic water meter reading from a remote location. Ferguson will also replace meter pit lids and associated equipment.

The Agreement requires completion of this final project phase within eighteen (18) months for a total not-to-exceed amount of $6,747,257.96. This Agreement requires an additional appropriation of $4,932,257.96 from the Water Fund. In July 2022, MUED staff submitted a grant application through the U.S.

Department of the Interior Bureau of Reclamation (BOR) WaterSMART program for supplemental project funding. MUED recently learned that the BOR approved this grant application and will reimburse the City up to $2,631,430.60 when the project is successfully completed.

On June 15, 2021, City Council determined this project is exempt from Redlans Regular Meeting of 09-05-2023
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On June 15, 2021, City Council determined this project is exempt from environmental review pursuant to Section 15301 of the State's guidelines implementing the California Environmental Quality Act since the project involves negligible or no expansion of existing or former use.

ALTERNATIVES:

City Council may deny the staff recommendation and provide alternate direction.

STRATEGIC PLAN:

Strategic Plan Priority B, Strategic Objective 1 - Reduce non-revenue water (water loss) by 25%
SUBMITTED BY:

John R. Harris, Municipal Utilities and Engineering Director RECOMMENDED BY:

Charles M. Duggan Jr., City Manager
REVIEWED BY:

Yvette M. Abich Garcia, City Attorney
Danielle Garcia, Management Services/Finance Director
PREPARED BY:

John R. Harris, Municipal Utilities and Engineering Director

Fiscal Impact
Fiscal Year: FY 23/24
Appropriation Required Y/N: Y
Amount: 4,932,257.96
Budgeted Y/N: N
Account No.: 501910-7808
Discussion:

The approved FY 23/24 Water Projects budget includes $1,815,000 for this project. Approval of the Ferguson Agreement requires an additional appropriation of $4,932,257.96 from the Water Fund, which has a current reserve balance exceeding $16,000,000. When the project is successfully completed, the BOR WaterSMART grant proceeds of up to $2,631,430.60 will be returned to the Water Fund.

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Attachments
Ferguson Agreement
Additional Appropriation Form
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NPS-2.1 (8.22)
I:\cmo\Agreements\Ferguson Enterprises LLC. FY22-0230.doc-jm 1 AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES

FOR EQUIPMENT AND SUPPLIES
This agreement for the provision of supply and replacement of potable and non -potable water meters (“Agreement”) is made and entered in this 5th day of September, 2023 (“Effective Date”), by an d between th e City of Redlands, a municipal corporation, ( “City”) and Ferguson Enterprises, LLC, a Virginia Limited Liability Company (“Contractor”). City and Consultant are sometimes individually referred to herein as a “Party” and, together , as the “Parties.” In consideration of the mutual promises contained herein, City and Contractor agree as follows:

ARTICLE 1 – ENGAGEMENT OF CONTRACTOR

1.1 City hereby engages Contractor to perform water meter installation services for City (the “Services”).

1.2 The Services shall be performed by Contractor in a professional manner, a nd Contractor represents that it has the skill and the professional expertise necessary to provide the Services to City at a level of competency presently maintained by other pract icing professional Contractors in the industry providing like and similar types of Services.

ARTICLE 2 – SERVICES OF CONTRACTOR

2.1 The Servi ces that Contractor shall perform are more particula rly described in Exhibit “A,” titled “Scope of Servi ces,” which is attached hereto and incorporated herein by this reference.

2.2 Contractor shall comply with applicable federal, state and local laws and regulations in the performance of this agreement including, but not limited to , any applicable State prevailing wage laws.

ARTICLE 3 – RESPONSIBILITIES OF CITY

3.1 City shall make available to Contractor information in its possession that may reasonably assist Contractor in performing the Services.

3.2 City designates John R. Harris, Municipal Utilities and Engineering Department Director, as City’s representative with respect to performance of the Se rvices, and such person shall have the authority to transmit instructions, receive information, interpret and define City’s policies and decisions with respect to performance of the Services.

ARTICLE 4 – PERFORMANCE OF SERVICES

4.1 Contractor shall perform and complete the Services in a prompt and diligent manner . The Services shall commence as of the Effective Date of this Agreement.

4.2 The term of this Agreement shall be for a period of eighteen (18) months from the Effective Date of this Agreeme nt (the “Initial Term”) . The City shall have the option to extend the Initial Term of this Agreement by one (1) additional one-year term (“Extended Redlans Regular Meeting of 09-05-2023
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I:\cmo\Agreements\Ferguson Enterprises LLC. FY22-0230.doc-jm 2 Term”), on the same terms and cond itions, by providing written notice to Contractor at least thirty (30) days prior to t he expiration of the Initial Term . The Initial Term and the Extended Terms are hereby collectively, refe rred to herein as the “Term” of this Agreement.

4.3 If Contractor’s Services include deliverable electronic visual presentation materials, such materials shall be delivered in a form, and made availa ble to Cit y, consistent with City Council-adopted policy fo r the same. It shall be the obligatio n of Con tractor to obtain a copy of such policy from City staff.

ARTICLE 5 – PAYMENTS TO CONTRACTOR

5.1 The compensation for Contractor’s performance of the Services shall not exceed the amount of Six Million Seven Hundred Forty-Seven Thousand Two Hundred Fifty-Seven Dollars and Ninety -Six Ce nts ($6,747,257.96) for the Ser vices provided during the Agreement Term. City shall pay Contractor on a time and materials basis up to the not to not-to-exceed amount in accordance with the rates specified in Exhibit “ B,” titled “ Rate Sheet,” which is attached hereto and incorporated herein by reference.

5.2 Contractor shall s ubmit monthly invoices to City describing the Services performed during the preceding month. Contractor’s invoices shall include a brief description of the Services performed, the dates the Services were performed, the number of hours spent and by whom. City shall pay Contractor no later than thirty (30) days after receipt and approval by City of Contractor’s invoice.

5.3 This Agreement does not constitute an obligation fo r the City t o purchase the quantities indicated in Exhibit "B”. The quantities are estimates and are based on the most accurate information available. The purpose of this Agreement is to establish prices for the commodities or services required, in the event that the City needs to purchase such commodities or services. The needs of the City shall govern the amount to be purchased , and the City rese rves the right to purchase quantities in ex cess of the estimates, in shortfall of the estimates, or not to purchase any quantities at all. The Contractor shall offer the best government pricing for test method that are not included in the price list.

5.4 Any notice or other communication required, or which may be given, pursuant t o this Agreement, shall be i n writing. Any such notice shall be deemed delivered (i) on the date of delivery in person; (ii) five (5) days after deposit in first class registered mail, with return receipt requested; (iii) on the ac tual delivery date if dep osited with an overnight cou rier; or (iv) on the date sent by facsimi le or electronic mail transmission (including PDF), if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail; in each case properly posted and fully prepaid to the appropriate address se t forth below, or such ot her address as a Party may provide notice in accordance with this section:

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I:\cmo\Agreements\Ferguson Enterprises LLC. FY22-0230.doc-jm 3 CITY CONTRACTOR
City Clerk Dan Warner, District Manager
City of Redlands Ferguson Enterprises, LLC
35 Cajon Street 11909 Tech Center Court
P.O. Box 3005 (mailing) Poway, CA 92064
Redlands, CA 92373 [email protected]
[email protected] (949) 690-4649
(909) 798-7531

ARTICLE 6 – INSURANCE AND INDEMNIFICATION

6.1 The following insurance coverage req uired by this A greement shall b e maintai ned by Contractor for the duration of its performance of the Services . Contractor shall not perform any Services unless and until the required insurance listed bel ow is obtained by Contractor. Contractor shall provide City with certificates of insurance and endorsements evidencing such insurance prior to commencement of the Services. Insurance policies shall include a provision prohibiting cancellation or modificati on of the policy except upon thirty (30) days prior written notice to City.

A. Workers’ Compensation and Employer’s Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptable to City, or certification to City that Contractor is self-insured or exempt from the worke rs’ compensation laws of the State of California. Contractor shall execute and provide City with Exhibit “C,” titled “Workers’ Compensation Insurance Certification,” which is attached hereto and incorporated herein by this reference, prior to performance of the Services.

B. Commercial General L iability insurance with carriers acceptable to City in the minimum am ount of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) a ggregate, for public liability, property damage and personal injury is required. Cit y shall b e named as an additional insured and such insurance shall be primary and non -contributing to any insurance or self -insurance maintained by City.

C. Business Auto Li ability coverage, with minimum limits of One Million Dollars ($1,000,000) per occurr ence, com bined single limit bodily injury liability and property damage liabil ity. This coverage shall include all Contractor owned vehicles used in connection with Contractor’s provision of the Services, hired and non -owned vehicles, and employee non-ownership vehicles. City shall be named as an additional insured and such insurance shall be primary and non -contributing to any insurance or self-insurance maintained by City.

6.2 Contractor shall defend, indemnify, and hold harmless City and its elected and appointed officials, employees and agents from and against any and all claims, l osses and liability, including attorneys’ fees, arising from injury or death to persons or dam age to property occasioned by any negligent act or om ission by, or the willful misconduct of, Contractor, or its officers, employees and agents in performing the Services.

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I:\cmo\Agreements\Ferguson Enterprises LLC. FY22-0230.doc-jm 4 ARTICLE 7 – CONFLICTS OF INTEREST

7.1 Contractor covenants and represents that it doe s not have any investment or interest in any real pro perty that may be the subject o f this Ag reement or any other source of income, interest in real property or i nvestment that would be affected in any manner or degree by the performance of Contractor’s Se rvices. Contractor further covenants and represents t hat in the perf ormance of its d uties her eunder, no person having any such interest shall perform any Services under this Agreement.

7.2 Contractor agrees it is not a designated employee within the meaning o f the Political Reform Act because Contractor:

A. Does not make a governmental decision whether to:

(i) approve a rate, rule or regulation, or adopt or enforce a City law; (ii) issue, deny, suspend or revoke any City permit, license, application, certification, approval, order or similar authorization or entitlement; (iii) authorize City to enter into, modify or renew a contract; (iv) grant City approval to a contract that requ ires City approval and to which City is a party, or to the specifications for such a contract; (v) grant City approval to a plan, design, report, study or similar item; (vi) adopt, or grant City approval of, policies, standards or guidelines for City or for any subdivision thereof.

B. Does not serve in a staff capacity with City and , in that capacity, parti cipate in making a governmental decision or otherwise perform the sa me or substantially the same duties for City that would otherwise be performed by an individua l holding a position specified in City’s Conflict of Interest Code under Government Code section 87302.

7.3 In the event City determines that Contractor must disclos e i ts financial interests, Contractor shall complete and file a Fair Political Practices Commi ssion Form 700, Statement of Economic Interests , with the City Clerk ’s office pursuant to the written instructions provided by the City Clerk.

ARTICLE 8 – GENERAL CONSIDERATIONS

8.1 In the event any action is commenced to enforce or interpret any of the term s or conditions of this Agreement the prevailing Party shall, in addition to any costs and oth er relief, be entitled to the recovery of its reasona ble attorneys’ fees, including fees for the use of in-house counsel by a Party.

8.2 Contractor shall not assign any of the Services, except with the prior written approval of City and in strict compliance w ith the terms and conditions of this Agreement. Any assignment or at tempted assignment without such prior written consent may, in the sole discretion of City, results in City’s immediate termination of this Agreement.

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I:\cmo\Agreements\Ferguson Enterprises LLC. FY22-0230.doc-jm 5 8.3 Contractor is for all purposes under this Agreement an independent contractor and shall perform the Servi ces as an indepe ndent con tractor. Neither City nor any of its agents shall have control over t he conduct of Contractor or Contractor’s employees, except as herein set forth. Contractor shall supply all necessary tools and instrumentalities required to perform the Services. Assigned personnel employed by Contractor are for its account only, and in no event shall Contractor or personnel retained by it be deemed to have been employed by City or engaged by City for the account of, or on behalf of City. Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent, nor shall Contractor have any authority, express or implied, to bind City to any obligation.

8.4 This Agreement may be terminated b y City, in its sole discretion, by providing not less than ten (10) days prior written notice to Contractor of City’s intent to terminate. If this Agreement is terminated by City, an adjustment to Contractor’s compensation shall be made, but (1) no amount shall be allowed for anticipated profit or unperformed Services, and (2) any payment du e Contractor at the ti me of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Contractor. Upon receipt of a terminat ion notice, Contractor shall immediately discontinue its provision of the Services and, within five (5) days of the date of the termination notice, deliver or otherwise make available to City, copies (in both hard copy and electronic form, where applicable) of project related data, drawings, specifications, reports, summaries and such other information and materials as may have been accumulated by Contractor in performing the Services. Contractor shall be compensated on a pro-rata basis for Services completed up to the date of termination.

8.5 Contractor shall maintain books, ledgers, invoices, accounts and other rec ords and documents evidencing costs and expenses related to the Services for a period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor pursuant to this Agreement. Such books shall be available at re asonable times for examination by City at the office of Contractor.

8.6 This Agreement, including the Exhibits incorporated herein by reference, repre sents the entire agreement and understanding between the Parties as to the matters contained herein, and any prior negotiations, written proposals or verbal agreements relating to such matters are supers eded by this Agreement. Except as otherwise provided for herein, an y amendment to th is Agreement shall be in writing, approved by City and signed by City and Contractor.

8.7 This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of laws provisi ons. The Parties agree that all actions or proceedings arising in connection with this Agreeme nt shall be tried and litigated only in the state courts located in San Bernardino County, Cal ifornia, and the federal courts located in Riverside County, California.

8.8 If one or more of t he sentences, clauses, paragraphs or sections contained in this Agreement is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement Redlans Regular Meeting of 09-05-2023
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I:\cmo\Agreements\Ferguson Enterprises LLC. FY22-0230.doc-jm 6 and shall not affect , impair or invalidate the remaining sentences, clauses, paragraphs or sections contained herein, unless to do so would deprive a Party of a material benefit of its bargain under this Agreement.

IN WITNESS WHEREOF, duly authorized representatives of City and Contractor have signed in confirmation of this Agreement.

CITY OF REDLANDS Ferguson Enterprises, LLC

By: ___________________________ By: _________________________ Eddie Tejeda, Mayor Dan Warner, District Manager

ATTEST:

___________________________
Jeanne Donaldson, City Clerk

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I:\cmo\Agreements\Ferguson Enterprises LLC. FY22-0230.doc-jm 7 EXHIBIT "A"

SCOPE OF SERVICES

PROJECT OVERVIEW

This project generally includes the removal of existing potable and/or non-potable water meters and replacement with AMR/AMI capable meters compatible with the City’s Neptune 360 Advanced Software and MDM on a hosted server, retrofitting existing water meters with new registers, antennas, and replacement of meter pit lids in accordance with the Rate Sheet.

INSTALLATION TYPES AND SEQUENCE

A master list of customer accounts will be provided to Ferguson. These accounts have been consolidated into utility billing routes and cycles. Ferguson shall coordinate work with City staff to ensure efficient utility billing practices are not interrupted.

INSTALLATION SCHEDULE

The City and Ferguson shall cooperatively develop an initial project installation schedule and shall update and revise this schedule as necessary throughout the project. Ferguson shall provide the City an updated work schedule a week prior to work activities.

WORK HOURS

Unless approved in advance by the City, work hours are restricted to 7:00 am – 5:00 pm.

WEEKLY REPORTS

Ferguson shall provide the City with a weekly report itemizing tasks completed during the previous week in a format and at a day and time agreed to by both parties, but no later than noon on Wednesday.

FERGUSON STAFF

Project Manager. Ferguson shall designate a Project Manager, who shall have the authority to handle and resolve any disputes or contract issues with the City.

Installation Manager. Ferguson shall designate an Installation Manager, who shall be responsible for managing the installation on a day-to-day basis on behalf of Ferguson and for seeing that all installations are completed in a professional manner and in compliance with procedures required by local, state, and federal regulations (such as CalOSHA). The Installation Manager shall be experienced in supervising water meter installation projects and shall be familiar with applicable regulations and safe and proper installation procedures.

Employee Training. All Ferguson employees and employees of subcontractors shall be properly trained for assigned tasks.

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I:\cmo\Agreements\Ferguson Enterprises LLC. FY22-0230.doc-jm 8 Uniforms and Identification. All Ferguson employees and employees of subcontractors shall wear easily recognizable uniforms and always have proper identification. Ferguson shall be responsible for supplying all appropriate personal protective equipment including but not limited to safety vests and safety shoes.

ITEMS TO BE SUPPLIED BY FERGUSON

General. Ferguson shall supply the following project elements: Project Management, Employee and Subcontractor Supervision and Training, Complaint Resolution, Inspection, Testing, and Quality Control.

Tools and Materials. Ferguson shall furnish all supplies, materials, tools, and equipment necessary for the successful and timely completion of all water meter and AMI installations. The City will supply the product specifications for Meter gaskets and bolt sets upon request by Ferguson prior to mobilization.

Vehicles. Ferguson shall provide all vehicles and equipment to be used by its employees and subcontractors. Vehicles shall include a company logo and telephone number prominently displayed on each side.

Parking. Ferguson employees and subcontractors shall park vehicles in accordance with motor vehicle laws and shall not obstruct vehicle travel lanes or property access drives. Ferguson shall be responsible for resolving any motor vehicle citations.

Local Office. The City will designate a portion of the City Yard, located at 1270 West Park Avenue, for use by Ferguson employees and subcontractors. Ferguson may use this site for material storage and is responsible for security and insurance. No permanent structure may be erected at this site.

Field Communications. Ferguson employees and subcontractors working in the field shall be equipped with cellular phones and/or radios to resolve issues and questions quickly.

ACCOUNT AND DATA INSTALLATION SCHEDULING

Account Data File. The City will provide Ferguson with an electronic file with the following information:

Meter Address
Meter Size
Meter Serial Number
Most Recent Meter Reading

Additional information requested by Ferguson will be provided if available.

Residential Customer Notification. Prior to water meter installations, Ferguson shall attempt to contact impacted residents to notify them that their water service will be temporarily interrupted.

If residents are not present during these installations, Ferguson may proceed with the work and shall leave a notice on the residents’ front door upon completion.

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I:\cmo\Agreements\Ferguson Enterprises LLC. FY22-0230.doc-jm 9 INSTALLATION PROCEDURES

Work Order Processing. Ferguson shall ensure that all data transferred to and from the City’s information systems is completed properly before commencing work.

Work Order Data. The Installation Manager shall provide work orders to installers. Each work order shall include at a minimum, the customer’s address, account number, existing meter number, existing register number, meter make, model, and size, and most recent meter reading.

These work orders shall be provided in an acceptable electronic format.

Site Conditions. Before each installation, the installer, under the direct supervision of the Installation Manager, shall inspect the site, including existing piping and shut-off valves. If the installer determines the condition is such that the work is likely to cause damage to existing piping, the Installation Manager shall not attempt the installation and shall inform the City. A City representative will inspect the site and provide appropriate direction. The installer shall report any plumbing irregularities including but not limited to meters installed backwards, disconnected meters, and taps located before a meter.

Repairs of Existing Conditions. The City may authorize Ferguson to make additional repairs to service lines, piping, and/or meter pits. This additional work must be approved in advance.

Meter Replacement. Ferguson shall ensure that the meter at each service location matches the meter identified on each work order. Ferguson shall check for running water prior to changing meters. Meter replacements shall include new gaskets and/or washers. Each removed meter shall be placed in the new meter box for the service location and shall be secured at the City Yard. The City shall be responsible for disposal of these removed meters.

Verifying Service Working. Ferguson shall flush water line after installing each new meter to ensure the meter is registering properly and to verify service restoration to the premises. Any location where flushing cannot be accomplished shall be reported to the City.

Valves. During installation, Ferguson shall shut off customer’s water service by using a curb stop valve. At no time shall Ferguson use a crimping device to restrict water flow. If the outside control valve is not visible or is inoperable, Ferguson shall notify the City to rectify the issue.

Debris/Water Around Meter. Ferguson shall be responsible for removing and properly disposing of any reasonable amount of debris as necessary to access each water meter located within a meter pit or vault. If a water meter pit or vault is flooded so that the meter is fully or partially submerged, the installer shall pump out the pit or vault before removing and replacing the meter. Ferguson shall ensure that the water service is not in any way contaminated, even intermittently, by standing water in the meter pit or vault.

Plumbing/Landscaping and Related Damage. Ferguson shall be responsible for repairing any existing landscaping, ground cover, grass, plants, shrubs, trees, service lines, meter couplings, angle meter valves, and service fittings damaged within three feet (3’) on the customer side of the meter due to negligence at its sole cost and expense. All repair work shall be inspected by the City.

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I:\cmo\Agreements\Ferguson Enterprises LLC. FY22-0230.doc-jm 10 Completed Work Orders. Completed work orders shall include the following information:

Meter Size and Meter Type
Verification or Correction of Existing Meter and Account Information Old Meter Serial Number
Final Reading on Old Meter
New Meter Serial Number
New Meter Register Number
Reading on New Meter Register
Geo-positioning
Date and Time of Installation
Name of Installer
Description of any Problems Encountered or Repairs Made

Work orders shall be completed accurately. An electronic copy of all work orders, in a format agreed upon by Ferguson and the City, shall be provided to the City on a weekly basis at a date and time agreed upon by Ferguson and the City.

Ferguson Installation Responsibilities

Ferguson shall be responsible for the creation and deployment of a website specifically for the water meter replacement and endpoint installations. This website will incorporate FAQs and installer photos.

Ferguson shall provide a Call Center and a Toll-Free number that customers can call to coordinate installation times, ask questions, or report issues. The Call Center shall incorporate an automatic call distribution system capable of receiving and queuing calls, routing calls to waiting agents, and collection and reporting data on call volumes, waiting times, and durations of each call. The Call Center shall be staffed twenty-four (24) hours per day, seven (7) days per week throughout the project. Ferguson shall offer an online scheduling feature which is convenient for City customers.

Ferguson shall use its proprietary inventory management system to provide full accountability of assigned material at all times.

Ferguson shall supply an automated installation information management process in lieu of manually capturing and entering data. This process shall include an export file that the City can utilize to automatically upload data into the City’s Utility Billing Software. The City shall be responsible for any charges related to the City’s Utility Billing Software importing process. Real- time installation information, including installer tracking, shall be available to the City through a secure website.

Ferguson shall perform background checks for all project staff.

Ferguson shall capture GPS positioning from the meter pit with 3-5 meter accuracy using geo- positioning software. All GPS data shall line to the City’s GIS database and be provided in a shape file. The following information shall be included in the geo-coded data:

Water Meter Account Number
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I:\cmo\Agreements\Ferguson Enterprises LLC. FY22-0230.doc-jm 11 Address
New Meter Serial Number
New Register Number

Ferguson shall provide a minimum of three (3) pictures for each installation; 1. Existing Meter,

2. Existing Meter Final Reading, 3. New Meter. These pictures shall be labeled by account number and provided to the City in a format agreed upon by Ferguson and the City.

Ferguson shall leave each installation site in a clean and neat condition equal to or better than the original condition of the site.

Should Ferguson receive a call or complaint from a customer or the City regarding an installation, Ferguson shall immediately log the call including the caller’s name, address, account number (if available), date and time of call, nature of the call, and the action taken. All complaints shall be forwarded to the City within thirty-six (36) hours from the time of receipt.

Standard Meter Installation Requirements

Meters shall be located in outside meter pits or vaults with reasonable access or in a location that can become accessible by Ferguson within one (1) week.

Meters shall be accessible without subjecting Ferguson employees to unreasonable risk or harm.

Meter access shall not require excessive labor (i.e., asphalt removal, tree root removal, landscape obstruction removal).

Meter access shall not require confined space entry.

Ferguson shall not be required to remove excessive amounts of dirt, silt, water, or other debris from meter pits and/or vaults. Excessive shall be defined as any dirt, silt, water, or other debris removal requiring more than ten (10) minutes of digging or pumping by one (1) installer.

Ferguson shall not be required to repair or replace plumbing due to corrosion, existing damage, plumbing irregularities, substandard conditions, or existing connections not conforming to current building codes.

Water meters are on setters or equipped with standard meter connections that can be reused during meter installations.

Meter exchanges are like-for-like, same lay length and no plumbing is required.

Existing meter pits and vaults shall be in good condition, allowing enough room for easy replacement of the existing meter. Standard requirements are six inches (6”) clearance on all sides of residential meters/connections, twelve inches (12”) clearance on all sides of commercial meters/connections, and three inches (3”) clearance from top of new meter to meter pit and vault lids.

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I:\cmo\Agreements\Ferguson Enterprises LLC. FY22-0230.doc-jm 12 Existing meter pits and vaults shall be reused and curb stops and valves shall be in good working condition.

Ferguson presumes a maximum of five (5) minutes to physically locate each meter pit and/or vault at each installation location address. The City shall provide meter pit and/or vault location notes if available.

Non-Standard Meter Installation

In the event Ferguson determines that any meter installation is not a standard meter installation, the City shall immediately be notified to provide direction. Non-standard work shall not begin without City approval. Non-standard work requiring special licensing or training shall be the City’s responsibility.

Quality Control

Responses to Complaints. The City shall notify Ferguson of any project related complaint calls it receives and Ferguson shall contact the caller within two (2) hours of notification by the City to resolve.

Improper Installations. Ferguson shall be responsible for replacing any improperly installed meters, plumbing, lids, and/or associated equipment. Ferguson shall repair any damaged couplings, threads, unions, or meters damaged due to negligence. These repairs shall be made at no cost to the City.

Leaks After Installation. Within thirty (30) days after installation, Ferguson shall be responsible for resolving any leaks at valves, couplings, or service/house lines within three feet (3’) of the meter installation location that is reasonably attributed to the meter installation at no cost to the City.

Disposal of Old Meters. The City shall be responsible for disposal of all removed meters.

Installation Control and Audit Procedures. Ferguson shall submit to the City for review and approval its proposed system for ensuring that all meter installation data is correctly recorded during installation, and that all data transferred to the City’s Customer Information System (CIS) is accurate. Prior to any installations, Ferguson shall describe to the City its procedures designed to eliminate any opportunities for a meter or radio to be associated with the wrong address or account number in the CIS.

Ferguson Invoices. Invoices shall itemize work completed during the previous month by route and sequence number in accordance with the contract documents. Invoices shall be submitted to the City monthly on a date and time agreed upon by Ferguson and the City. Payment terms are net thirty (30) days from receipt of each Ferguson invoice.

Daily QA/QC Requirements. The Installation Manager shall review the progress of the work daily. Any installation irregularities shall be noted and scheduled for immediate correction and a summary report of these installation irregularities shall be provided to the City weekly.

Redlans Regular Meeting of 09-05-2023
714 of 1115
NPS-2.1 (8.22)
I:\cmo\Agreements\Ferguson Enterprises LLC. FY22-0230.doc-jm 13 Regular Meetings with City. The Contract Manager shall meet with the City periodically at a date and time agreed upon by Ferguson and the City, but not less than twice monthly, to discuss project progress.

Installation Warranties. All project related work shall be guaranteed against defects in workmanship for a period of one (1) year from the date of acceptance by the City.

Material Warranties. All materials are covered solely by manufacturer warranties. Ferguson will coordinate warranty service under these manufacturer warranties.

Change Management Process. Either Ferguson or the City may initiate a change by completing and submitting a Change Request form. The initiator of the change provides the completed form to the other party’s representative. The Ferguson and City representatives shall cooperatively track change requests, evaluate change requests, negotiate and approve/deny the change request, file approved change requests as additions to the scope of work, and implement approved change requests.

Redlans Regular Meeting of 09-05-2023
715 of 1115
Customer: City of Redlands
Date: 7/31/2023
Ferguson Pricing Quote: 7/31/2023 - 7/31/2025
Contact: Matt Wilkinson
Cell: (951) 452-9370
Description Qty Type Meter Cost Total Meter Cost Lid Cost Cost for Lids Instal Costs Total Install Cost Total Cost

0.625-inch 619 T10 R900I Procoder (Fire Service) 218.00 $ 134,942.00$ DFW - $ - $ 91.30$ 56,514.70$ 191,456.70$

0.625-inch 75 T10 R900I Procoder 218.00$ 16,350.00$ DFW 52.90 $ 3,967.50$ 104.30$ 7,822.50$ 28,140.00$

0.75-inch 2755 T10 R900I Procoder 260.00$ 716,300.00$ DFW 52.90 $ 145,739.50$ 104.30$ 287,346.50$ 1,149,386.00$

1.0-inch 5628 T10 R900I Procoder 322.00$ 1,812,216.00$ DFW 70.29 $ 395,592.12$ 104.30$ 587,000.40$ 2,794,808.52$

1.5-inch 355 T10 R900I Procoder 561.00$ 199,155.00$ DFW 115.55 $ 41,020.25$ 436.85$ 155,081.75$ 395,257.00$

2.0-inch 234 T10 R900I Procoder 710.00$ 166,140.00$ DFW 115.55 $ 27,038.70$ 436.85$ 102,222.90$ 295,401.60$ Changeout Total 9047 3,045,103.00$ 613,358.07$ 1,195,988.75$ 4,854,449.82$ Description Qty Type Retrofit Cost Total Retro Cost Lid Cost Cost for Lids Install Costs Total Install Cost Total Cost

0.625-inch 38 T10 R900I Procoder 170.00$ 6,460.00$ DFW 52.90 $ 2,010.20$ 69.35$ 2,635.30$ 11,105.50$

0.75-inch 1480 T10 R900I Procoder 170.00$ 251,600.00$ DFW 52.90 $ 78,292.00$ 69.35$ 102,638.00$ 432,530.00$

1.0-inch 2328 T10 R900I Procoder 170.00$ 395,760.00$ DFW 70.29 $ 163,635.12$ 69.35$ 161,446.80$ 720,841.92$

1.5-inch 134 T10 R900I Procoder 170.00$ 22,780.00$ DFW 115.55 $ 15,483.70$ 96.20$ 12,890.80$ 51,154.50$

2.0-inch 119 T10 R900I Procoder 170.00$ 20,230.00$ DFW 115.55 $ 13,750.45$ 96.20$ 11,447.80$ 45,428.25$ Retrofit Total 4099 696,830.00$ 273,171.47$ 291,058.70$ 1,261,060.17$ Description Qty Type Meter Cost Total Meter Cost Lid Cost Cost for Lids Install Costs Total Install Cost Total Cost Audit Add-On 6535 Lid Audit - $ -$ N/A - $ - $ 14.50$ 94,757.50$ 94,757.50$ Project Total 13146 3,741,933.00$ 886,529.54$ 1,581,804.95$ 6,210,267.49$ 4,628,462.54$
1,581,804.95$
404,990.47$
92,500.00$
39,500.00$
6,747,257.96$
Material Subtotal
Labor Subtotal
Tax (8.75%)
Project Management
Material & Labor Bond
Total
EXHIBIT “B”

RATE SHEET
I:\cmo\Agreements\Ferguson Enterprises LLC. FY22-0230.doc-jm 14 Redlans Regular Meeting of 09-05-2023
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NPS-2.1 (8.22)
I:\cmo\Agreements\Ferguson Enterprises LLC. FY22-0230.doc-jm 15 EXHIBIT "C"
WORKERS’ COMPENSATION INSURANCE CERTIFICATION
Every employer, except the State, shall secure the payment of c ompensation in one o r more of the following ways:
(a) By being insured against liability to pay compensation by one or mor e insurers duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations, a cert ificate of consent t o self-insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self -insure and to pay any compensa tion that may become due to his or her employees.

CHECK ONE
_____I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured agai nst l iability 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 th e work and activities req uired or permitt ed under this Agreement. (Labor Code §1861).
_____I affirm that at all times, in performing t he work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers’ compensation laws of Cali fornia. However, at any time, if I employ any person such that I become subje ct to the workers’ c ompensation laws of California, immediately I shall provide the City with a certificate of consent t o self -insure, or a certi fication of work ers’ compensation insurance.

I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct.

Ferguson Enterprises, LLC
By: Date: ___________________
Jon Price, General Manager
Redlans Regular Meeting of 09-05-2023
717 of 1115
Redlans Regular Meeting of 09-05-2023
718 of 1115
City Council/Successor Agency Meeting L. 7.

DATE: 09/05/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of a Highway Safety Improvement Program (HSIP) Cycle 9 Grant in the amount of $298,000, approving a Construction Contract with California Professional Engineering, Inc. for the HSIP Cycle 9 Orange Blossom Trail Phase 3 Crossings Project for an amount not-to-exceed $259,245, approving an additional
appropriation of $48,000 for this project, and determining that the Project is exempt from environmental review pursuant to Section 15301(c) of the State’s guidelines implementing the California Environmental Quality Act (Municipal Utilities and Engineering Director Harris)
MOTION(S):

If City Council determines the staff recommendation is appropriate, the following motions are provided:

I move that City Council determine acceptance of a grant and approval of a Construction Contract and construction of the Highway Safety Improvement Program (HSIP) Cycle 9 Orange Blossom Trail Phase 3 Crossings Project is exempt from environmental review pursuant to Section 15301(c) of the State’s guidelines implementing the California Environmental Quality Act;

1. I move that the City Council accept the California Department of Transportation HSIP Cycle 9 grant award of $298,000;

Redlands City CouncilSeptember 5, 2023

Redlands City Council
September 5, 2023