DOC #8
EEOAA EVIDENCE
Equal Employment Opportunity/Affirmative Action
Goods, Professional Services & General Service Projects EEO/AA Evidence
Vendors are required to submit evidence of compliance with N.J.S.A. 10:5-31 et seq. and N.J.A.C.17:27 in order to be considered a responsible vendor.
One of the following must be included with submission:
x Copy of Letter of Federal Approval
x Certificate of Employee Information Report
x Fully Executed Form AA302
x Fully Executed EEO-1 Report
See the guidelines at: http://www.state.nj.us/treasury/contract_compliance/pdf/pa.pdf for further information.
I certify that my bid package includes the required evidence per the above list and State website.
Name: ______________________________ Title: _____________________ Signature: ___________________________ Date: _____________________ Included on page 7.
Robert Marconi VP of SLED Sales
_______________________ 1/15/2021
Connection Response 144 RFP 21-04
Redlands Regular Meeting of 09-03-24 1536 of 1977
Version September 29, 2020
CERTIFICATION
I, the undersigned, certify that I am authorized to execute this certification on behalf of the Vendor/Bidder, that the foregoing information and any attachments hereto, to the best of my knowledge are true and complete. I acknowledge that the State of New Jersey is relying on the information contained herein, and that the Vendor/Bidder is under a continuing obligation from the date of this certification through the completion of any contract(s) with the State to notify the State in writing of any changes to the information contained herein; that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification. If I do so, I will be subject to criminal prosecution under the law, and it will constitute a material breach of my agreement(s) with the State, permitting the State to declare any contract(s) resulting from this certification to be void and unenforceable.
DOC #9
MCBRIDE-PRINCIPLES
MACBRIDE PRINCIPALS FORM
_____________________
VENDOR’S/BIDDER’S REQUIREMENT
TO PROVIDE A CERTIFICATION IN COMPLIANCE WITH THE MACBRIDE PRINCIPALS AND NORTHERN IRELAND ACT OF 1989
Pursuant to Public Law 1995, c. 134, a responsible Vendor/Bidder selected, after public bidding, by the Director of the Division of Purchase and Property, pursuant to N.J.S.A. 52:34-12, must complete the certification below by checking one of the two options listed below and signing where indicated. If a Vendor/Bidder that would otherwise be awarded a purchase, contract or agreement does not complete the certification, then the Director may determine, in accordance with applicable law and rules, that it is in the best interest of the State to award the purchase, contract or agreement to another Vendor/Bidder that has completed the certification and has submitted a bid within five (5) percent of the most advantageous bid. If the Director finds contractors to be in violation of the principals that are the subject of this law, he/she shall take such action as may be appropriate and provided by law, rule or contract, including but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the party in default and seeking debarment or suspension of the party.
I, the undersigned, on behalf the Vendor/Bidder, certify pursuant to N.J.S.A. 52:34-12.2 that:
CHECK THE APPROPRIATE BOX
The Vendor/Bidder has no business operations in Northern Ireland; or OR
The Vendor/Bidder will take lawful steps in good faith to conduct any business operations it has in Northern Ireland in accordance with the MacBride principals of nondiscrimination in employment as set forth in section 2 of P.L. 1987, c. 177 (N.J.S.A. 52:18A-89.5) and in conformance with the United Kingdom’s Fair Employment (Northern Ireland) Act of 1989, and permit independent monitoring of its compliance with those principals.
Signature Date
Print Name and Title
STATE OF NEW JERSEY DEPARTMENT OF THE TREASURY
DIVISION OF PURCHASE AND PROPERTY
33 WEST STATE STREET, P.O. BOX 230
TRENTON, NEW JERSEY 08625-0230
BID SOLICITATION #: VENDOR/BIDDER:
GovConnection, Inc. dba Connection
- Public Sector Solutions
1/15/2021
Robert Marconi, VP of SLED Sales
certification to be voidandun
Signature
21-04
Connection Response 145 RFP 21-04
Redlands Regular Meeting of 09-03-24 1537 of 1977
7145 West Tidwell Road ~ Houston, Texas 77092
(713)-462-7708
www.esc4.net
NOTICE TO OFFEROR
ADDENDUM NO. 1
Solicitation Number 21-04
Request for Proposal (“RFP”)
by
Region 4 Education Service Center (“ESC”)
for
Technology Solutions, Products and Services
SUBMITTAL DEADLINE: Tuesday, January 19, 2021 @ 10:00 AM CST This Addendum No. 1 amends the Request for Proposals (RFP) for Technology Solutions, Products and Services 21-04 (“Addendum”). To the extent of any discrepancy between the original RFP and this Addendum, this Addendum shall prevail.
This Addendum No. 1 is hereby issued to address the following:
1) Submittal Deadline: The submittal deadline for this RFP is hereby changed from Thursday, January 14, 2021 @ 10:00 AM Central Time and extended as indicated below and above:
¾ Tuesday, January 19, 2021 @ 10:00 AM CST
2) Virtual Non-Mandatory Pre-Proposal Conference: The pre-proposal conference time for this RFP is hereby changed from December 15, 2020 @ 10:00 AM CST to:
¾ December 15, 2020 @ 11:00 AM CST
All other details remain unchanged.
Connection Response 146 RFP 21-04
Redlands Regular Meeting of 09-03-24 1538 of 1977
RECEIPT OF ADDENDUM NO. 1 ACKNOWLEDGEMENT
Offeror shall acknowledge this addendum by signing below and include in their proposal response.
Company Name ______________________________________
Contact Person _______________________________________
Signature ____________________________________________
Date ________________________________________________
Crystal Wallace
Region 4 Education Service Center
Business Operations Specialist
GovConnection, Inc.
dba Connection - Public Sector Solutions
Robert Marconi, Vice President SLED Sales
1/14/2021
_____________
__________________
____________
Connection Response 147 RFP 21-04
Redlands Regular Meeting of 09-03-24 1539 of 1977
ADDITIONAL INFORMATION
Connection Response 148 RFP 21-04
Redlands Regular Meeting of 09-03-24 1540 of 1977
Connection holds premier certifications and authorizations from leading vendors—including Cisco Gold, Hewlett Packard Enterprise Platinum, Lenovo Platinum, and Microsoft Gold. In addition, our talented engineers have acquired more than 2500+ professional certifications. These certifications allow us to offer you enterpriseclass service, access to volume pricing and in-demand products, software licensing programs, and expert technical service and support.
Partner Authorizations
Adobe Platinum
• Connect Pro Value Added Reseller (VAR)
• Contractual (CLP), Transactional (TLP),
Enterprise (EA) and Volume Incentive Program (VIP)
• Non-Profit Licensing Reseller
• World Wide Adobe License Center
APC Elite for Business Networks
Apple Corporate Reseller
• Apple Authorized Service Provider (AASP)
• Apple Certified iOS Technician (ACiT)
• Apple Certified Macintosh Technician (ACMT)
• Apple Certified Support Professional (ACSP)
Audiocodes Platinum Partner
Autodesk Volume Channel Partner (VCP)
Avaya Sapphire Partner
• Contact Center
• IP Office
• Scopia Endpoints
• SME Communication
• Unified Communication
Avixa CTS Certifications*
• Certified Technology Specialist
Broadcom Platinum Partner
• Archiving and E-Discover
• Core Security
• Cyber Security Services
• Data Protection
• Encryption
• Endpoint Management
• Enterprise Security
• High Availability
• Information Protection
• Mobility Solutions
• Storage Management
• Threat Protection
Check Point 3 Stars Partner
Certifications and Authorizations
Connection Response 149 RFP 21-04
Redlands Regular Meeting of 09-03-24 1541 of 1977
Cisco Gold Certified Partner
• Advanced Collaboration Architecture Specialization
• Advanced Data Center Architecture Specialization
• Advanced Enterprise Networks Architecture Specialization • Advanced Security Architecture Specialization
• Cisco Certified Design Associate (CCDA)
• Cisco Certified Design Professional (CCDP)
• Cisco Certified Internetwork Expert Routing and Switching (CCIE Routing and Switching)
• Cisco Certified Internetwork Expert Voice (CCIE Voice) • Cisco Certified Network Associate (CCNA)
– Data Center
– Route Switch
– Security
– Wireless
• Cisco Certified Network Professional
– Collaboration and Security
– Data Center
– Route Switch
• Cisco Hyperflex Authorization
• Cisco IoT Authorization
• Cisco ISE System Engineer
• Cisco Unity Support Specialist
• Collaboration Architecture Design Specialist
• Collaboration SaaS Authorization
• Collaboration Support Specialist
• Collaboration Systems Engineer
• Customer Experience Specialization
– Collaboration Adoption Advisor
– Data Center Adoption Advisor
– Enterprise Agreements Adoption Advisor
– Advisor Enterprise Networking Advisor
– Security Adoption Advisor
• Data Center Application Services Support Specialist
• Data Center Architecture Design Specialist
• Data Center Unified Fabric Support Specialist
• Lifecycle Advisor for Collaboration
• Lifecycle Advisor for Enterprise Agreements
• Lifecycle Advisor for Enterprise Networking
• Master Security Certification
• Security Architecture Systems Engineer
• Unified Computing Technology Field Engineer
Cisco Specializations
• Advanced Collaboration Architecture
• Advanced Data Center Architecture
• Advanced Enterprise Networks Architecture
• Advanced Security Architecture
• Cisco ONE–Access
• Cisco ONE–Data Center
• Cisco ONE–WAN
• Collab ELA UC WBX OnPrem TP PC
• Hyperflex Resellers Authorization
• IoT Authorized Partner
• U.S. Federal Authorization
• Webex Telepresence Program
Citrix Platinum Solution Advisor
• Citrix Cloud Integrated Apps and Data Suite
• Citrix Cloud Lifecycle Management
• Citrix Cloud Virtual Apps and Desktops
• Citrix Cloud Virtual Desktops
• Citrix NetScaler
• Citrix NetScaler Gateway
• Citrix NetScaler SD-WAN
• Citrix ShareFile
• Citrix Workspace Suite
• Citrix XenApp
• Citrix XenDesktop
CompTIA
• CompTIA Network+
• CompTIA Security+
• CompTIA Server+
Dell Technologies Titanium Partner
• Converged Infrastructure
– Converged Infrastructure Services–VxRail–deployment
• Core Client
• Data Protection
– Data Protection Services–Avamar–deployment
– Data Protection Services–Data Domain–deployment
– Data Protection Services–RecoverPoint–deployment
– Data Protection Services–RecoverPoint/SE–deployment
• Networking
• Server
• Storage
– Storage Services–SC Series–deployment
– Storage Services–Unity–deployment
Connection Response 150 RFP 21-04
Redlands Regular Meeting of 09-03-24 1542 of 1977
Digital Signage Experts Group Certifications
• Digital Signage Certified Expert (DSCE) certified
• Digital Signage Content and Media Expert (DCME) certified • Digital Signage Display Expert (DSDE) certified
• Digital Signage Network Expert (DSNE) certified
• Digital Signage Sales Professional (DSSP) certified
Google Premier
• Google Cloud Chrome–Partner
• Google Cloud Enterprise Search–Partner
• Google for Education Chrome–Premier
• Google for Education G Suite–Premier
Hewlett Packard Enterprise Platinum
• Aruba Certified Design Experts (ACDX)
• Aruba Certified Mobility Professionals (ACMP)
• Aruba Certified Switching Professionals (ACSP)
• HPE Authorized Business Solutions Partner (ABSP)
• HPE Data Center Network Integrators (HPE ASE)
• HPE Enterprise Solutions (APS)
• HPE Enterprise Storage
• HPE FlexNetwork Integrators (HPE ASE)
• HPE FlexNetwork Solutions (HPE Master ASE)
• HPE Networking Authorized Master Partner
• HPE SAN Architect (Master ASE)
• HPE Server Solutions Architects (HPE ASE)
• HPE Storage Solutions Architects (HPE Master ASE)
Hitachi Reseller Partner
HP, Inc. Platinum
• HP, Inc. Authorized Professional Services Partner (APSP) • HP, Inc. Authorized Support Partner (ASP)
• HP, Inc. DaaS Specialist
• HP, Inc. Desktop, Workstations, and Notebooks (APS)
• HP, Inc. DesignJet Specialist
• HP, Inc. Digital Signage Solutions
• HP, Inc. Education Solutions Specialist
• HP, Inc. Flow CM
• HP, Inc. HA LaserJet Solutions (APS)
• HP, Inc. Healthcare Specialist
• HP, Inc. Imaging and Printing Solutions (APC)
• HP, Inc. Managed Print Specialist Select
• HP, Inc. Partner First Healthcare Specialist
• HP, Inc. Retail Point of Sale (ASC)
• HP, Inc. Technical Production Specialist
• HP, Inc. Verified Online Supplies Reseller
IBM Silver Business Partner
• IBM Midrange Storage Certified
Intel® Technology Provider Platinum Partner
Ivanti Premier Status
• IT Management Solutions
JAMF Corporate Reseller
• JAMF Certified Administrator
• JAMF Certified Technician
• JAMF Gold Reseller
• JAMF Integrator
• JAMF Managed Service Provider
Lenovo Platinum Data Center Partner
McAfee Platinum Partner
Microfocus Authorized Reseller
Microsoft Gold Partner
• Microsoft Certified Database Administrator (MCDBA)
• Microsoft Certified IT Professional (MCITP)
• Microsoft Certified Professional (MCP)
• Microsoft Certified Solutions Developer (MCSD)
• Microsoft Certified Systems Administrator (MCSA)
• Microsoft Certified Systems Engineer (MCSE)
• Microsoft Certified Technical Professional (MCTP)
• Microsoft Endpoint Certified
• Gold Application Development
• Gold Cloud Platform
• Gold Collaboration and Content
• Gold Datacenter
• Gold DevOps
• Gold Enterprise Mobility Management
• Gold Enterprise Resource Planning
• Gold Messaging
• Gold Productivity
• Gold Small and Midmarket Cloud Solutions
• Gold Windows and Devices
• Silver Security
Microsoft Select, Open, Charity, and Academic Volume
Licensing Programs with Service and Support for Microsoft Enterprise Agreements
Microsoft Products and Services Agreement (MPSA)
• Microsoft Authorized Education Partner (AEP)
• Microsoft Authorized Surface Provider
• Microsoft Cloud Services Partner (CSP Tier-1)
• Microsoft Delivery Service Partner (DSP)
• Microsoft Double Gold Operational Excellence
Award Winner, 2017
• Microsoft Licensing Solution Provider (LSP)
Mimecast Authorized Reseller
Connection Response 151 RFP 21-04
Redlands Regular Meeting of 09-03-24 1543 of 1977
MobileIron Gold Partner
• Certified Administrator
• Certified Sales Engineer
NetApp Storage Gold Partner†
Nutanix National Partner
Oracle Gold Partner (Commercial)
Palo Alto Networks NextWave Innovator Partner
Panasonic Prime Partner
• Connection® Business Solutions and Connection® Public Sector Solutions: Diamond Partners
• Connection® Enterprise Solutions: Platinum Partner
Poly Platinum Partner
• Installed Voice
• Microsoft Optimized CX Devices
• RealPresence Environments
• RealPresence Platform
Pure Storage Silver Partner†
Red Hat Premier Reseller
Riverbed Premier Partner
Ruckus Networks Elite Partner
Samsung National Solution Provider
• Authorized Service Provider
• Samsung Knox Authorized Reseller
SAP Authorized Reseller
ServiceNow Premier Partner
Splunk Authorized Reseller
Tableau Authorized Reseller
Tenable Network Security Gold Partner
Toshiba Preferred Partner
Tripp Lite Premier Alliance Partner
Veeam Platinum Partner
• Veeam Accredited Service Provider (VASP)
• Veeam Certified Engineer (VMCE)
• Veeam Sales Professional (VMSP)
• Veeam Technical Sales Professional (VMTSP)
VMware Premier Corporate Reseller
• Certified Enterprise Mobility Associate
• Cloud Provider Competency
• DaaS Competency
• Desktop Virtualization Competency
• Enterprise Mobility Sales
• Hybrid Cloud Competency
• Management Operations Competency
• Mobility Management Competency
• Network Virtualization Competency
• SE Business Continuity Competency
• Server Virtualization Competency
• Software Defined Data Center Competency
• Software Defined Storage Competency
• VMware Certified Advanced Professional
• VMware Certified Professional (VCP)
• VMware Sales Professional (VSP)
• VMware Technical Sales Professional (VTSP)
Zebra Broadline Technology Partner/ Printer Repair Specialist *Industry standard certifications for digital signage.
†Authorization only applicable to Connection® Enterprise Solutions.
Business Solutions
1.800.800.0014
Enterprise Solutions
1.800.369.1047
Public Sector Solutions
1.800.800.0019
www.connection.com/Certifications-Authorizations
©2020 PC Connection, Inc. All rights reserved. Connection® and we solve IT™ are trademarks of PC Connection, Inc.
All other copyrights and trademarks remain the property of their respective owners. C991959-0620 For more information about the comprehensive certifications and authorizations Connection offers, contact an
Account Manager today.
Connection Response 152 RFP 21-04
Redlands Regular Meeting of 09-03-24 1544 of 1977
2 COMPANY CONFIDENTIAL—INFORMATION SUBJECT TO NDA C740303-0220 Solve Your Toughest IT Challenges
with Expertise You Can Count On
2700+
Employees
765+
Account
managers
7 Years
Average tenure
540+
Engineering,
services, and
technical staff
THE
TEAM
44,000
Hours of training
annually
2500+
Professional
certifications
Hundreds
of training hours
per engineer
every year
THE
BUYING
POWER
1600+
Technology
partners
300,000
IT products
available
225,000+
Custom
configurations
completed
every year
and growing
THE
EXPERTISE
Connection Response 153 RFP 21-04
Redlands Regular Meeting of 09-03-24 1545 of 1977
Custom Integrations for Today’s Technology
You need technology that integrates seamlessly into your existing infrastructure, workflows, and processes.
That’s why Connection has upgraded and rebranded our distribution facility in Wilmington, OH. Now known as the Technology Integration and Distribution Center (TIDC), this new name reflects the full capabilities of our world-class integration services—and our commitment to connecting you with technology solutions that exceed your expectations.
State-of-the-Art Custom Integration Center
Count on Connection to deliver custom integration services on your schedule. Our enhanced facility covers more than 42,000 square feet, with over 1000 live connections. This enables us to deliver the advanced services you’ve come to depend on today— with the speed and scalability you’ll need tomorrow.
The Connection TIDC is equipped with the latest technologies and powered by industry-leading methodologies, ensuring even the largest custom configuration orders are completed to your exact specifications and ready for overnight delivery to any of your locations, branches, or remote facilities nationwide. Our technicians maintain extensive certifications and authorizations from all major manufacturers, with more than 90% of the team holding one or more CompTIA certifications. Connection is dedicated to ongoing technology training, so our team stays current on the latest industry developments as well as advances in partner technologies and best practices.
Technology Integration
and Distribution Center
Connection Response 154 RFP 21-04
Redlands Regular Meeting of 09-03-24 1546 of 1977
Optimize Your Next IT Deployment with Integration Services Connection offers complete solutions with every order—from the simple request to the complex—no order is too big or too small. Our integration teams have developed key services to provide you with the simplest, most effective methods to deploy your systems, saving you time and money.
Our Technology Integration and
Distribution Center Offers:
• Provisioning and Imaging: By providing several methods of deployment, such as DISM, MDT, SCCM, and our own custom Connect Deploy tool, we can save you hundreds of staff hours in deployment time. Plus, ensure excellence in image consistency by having our experts build and maintain your image.
• VPN-based Provisioning: Setting up a point-to-point VPN connection between the TIDC and your facility enables us to provide complete provisioning services, including the capability to send a unit to your facility with plug-and-play functionality. • Deployment Hosting: Utilizing VPN services, we provide you with a “virtual slice” in our facility to set up a complete SCCM environment or distribution points (MDT, DP). This allows us to deploy directly from your network, speeding the provisioning process and providing excellent quality controls.
• White Glove (Google and Microsoft): White Glove enrollment services include the Chrome Enterprise or Microsoft AutoPilot/ Intune solutions. This allows you to receive devices that are ready to use and ready to manage—right out of the box.
• Mobile Provisioning: The TIDC offers a wide array of mobile device provisioning and has experience with all major MDM environments, including AirWatch, Mobile Iron, SOTI, and using manufacturer-specific provisioning utilities, such as Samsung Knox and Zebra Stage Now.
• Jamf Services: Automate the processes and workflows related to the management of Apple devices from zero-touch to
complex deployment. The TIDC offers setup and management of a Jamf Pro instance for easy deployment of all your macOS, iOS, and tvOS devices, and can offer customized deployment options suited to your specific business needs.
• Remote Management: Take the hassle out of managing your Apple devices. Using Jamf, we can assist with all aspects of provisioning new equipment and providing remote support to units in the field—including inventory reporting, selfservice, compliance monitoring, policy enforcement, software distribution, and patch management.
• Location in a Box: Take advantage of one-stop shopping by sourcing all of your equipment from Connection. Our experts provision and test all units and send them directly to your location, in as few boxes as possible or on a skid. This greatly reduces your on-site staff setup time and saves you money because the units are out-of-box ready.
• Asset Tagging and Data Capture: Keep track of your
important capital assets and save valuable administrative time with one of our multiple tagging solutions. We can utilize your organization’s existing label set or create one for you, from simple white labels with digit codes to sturdier tags with colored logos.
• Kitting/Reverse Kit Solutions: Our experts can prepare custom kits for your new users. Let us image your systems, ship them, and include additional items that might be required, such as networking equipment or setup documentation.
• Laser Engraving: The TIDC can perform laser engraving services that feature your own artwork, adding a layer of device security and increasing your brand awareness.
• Inventory Planning and Rollout: Let us manage the logistics of a rollout, securely store newly purchased equipment, and custom tailor a delivery schedule. We can also store your hardware standards and software images, giving you the
ability to easily expedite replacements for broken, worn out, or lost equipment.
• Document/Printing Insertion Service: Insert a printed set of customized instructions with each product or kit. Our configuration specialists will work with you to develop the documentation your end users need, from answers to common questions to instructions on how to connect a new device to the network.
• Custom Packing: To save you significant time in unboxing and waste management, we can remove products from
manufacturer packaging and place them in case packs specially engineered to meet your needs.
Business Solutions
1.800.800.0014
Enterprise Solutions
1.800.369.1047
Public Sector Solutions
1.800.800.0019
Learn more at www.connection.com
©2019 PC Connection, Inc. All rights reserved. Connection® and we solve IT™ are trademarks of PC Connection, Inc.
All other copyrights and trademarks remain the property of their respective owners. C890287-0419 Need assistance integrating technology into your
organization? Let our experts help streamline the
configuration, deployment, and support of your
IT today.
Connection Response 155 RFP 21-04
Redlands Regular Meeting of 09-03-24 1547 of 1977
Your National Solutions Provider
For the Entire IT Lifecycle
CONVERGED
DATA CENTER
CLOUD
NETWORKING
LIFECYCLE
SOFTWARE
MOBILITY
SECURITY
OUR MISSION IS TO CONNECT PEOPLE WITH TECHNOLOGY THAT:
Enhances growth Elevates productivity Empowers innovation Connection Response 156 RFP 21-04
Redlands Regular Meeting of 09-03-24 1548 of 1977
Why Connection?
› We are a financially stable, Fortune 1000 company
› We offer complete solutions and services designed
to improve operations and increase the value of IT
› We employ the most highly trained,
experienced IT professionals in the industry
› We strive to understand your needs and
to create solutions that adhere to your
requirements and budget
› We serve as a trusted extension of your IT staff
› We are relentless in our commitment
to exceeding your expectations
SINCE OUR FOUNDING
in 1982, Connection has set the standard for
customer service in the IT industry. We strive to
create a foundation for long-lasting and rewarding
partnerships. We offer expert guidance, exceptional
service, and innovative strategies to empower you
to make informed IT investment decisions.
A collaborative approach to the design, deployment,
and support of technology has fueled Connection’s
growth and earned us the reputation of trusted
advisor to our customers.
A Solutions Approach, Focused on Your Needs
Every successful engagement begins with trust. Our teams engage customers with a solutions approach that fosters deep relationships based on trust and exceptional service. We help customers navigate the technology landscape and address their changing needs and challenges, on time and on budget. Everything we do is geared toward meeting your needs today and planning for your needs tomorrow.
The Power of Our Practice Expertise
Our technology practices work in concert to create proven implementations. We have seen countless customer environments and have the experience to selectively employ the most appropriate solutions for your needs. We deliver robust professional IT services and support to ensure the successful delivery of every project— no matter how big or how small.
Results through Quality ADIM Methodology
Our teams are trained to assess, design, implement, and manage technology with industry-leading methodologies.
This comprehensive approach ensures your technology solutions:
• Maximize your efficiency and cost savings
• Are tailored to the exact needs of your environment,
users, and goals
• Leverage the latest technologies available
• Continue to deliver the results you want
day after day, month after month
As a leading National Solutions Provider, we connect people with technology that enhances growth, elevates productivity, and empowers innovation. Our Technology Solutions Group will partner as an extension of your team to:
We help our customers leverage technology
to gain a competitive advantage in their
industry. Our Assess, Design, Implement,
and Manage (ADIM) approach to solution
design ensures we fit the best solutions for
your unique requirements.
Let us customize your solution,
and then help you extract the
full value from your IT investments.
The work we do helps our customers
improve their data centers and IT operations.
We enable IT teams to deploy innovative,
time-saving solutions to increase
productivity, increase agility, and move
quickly to better serve constituents.
Leverage the know-how of our
team, so you can implement IT
that improves your service levels.
With our guidance, customers break free
of the paradigm where 70% of IT budgets
go to maintenance. We deploy innovative
approaches to IT challenges—flash storage,
hyper-converged infrastructure, and cloud
computing—that optimize IT operations.
Partner with us and discover
new ways to increase the ROI
of your investments.
Complete IT Lifecycle
TRUSTED SUPPORT FOR THE
Business Solutions
1.800.800.0014
Enterprise Solutions
1.800.369.1047
Public Sector Solutions
1.800.800.0019
Enhance
YOUR GROWTH
Elevate
YOUR PRODUCTIVITY
Empower
YOUR INNOVATION
Connection Response 157 RFP 21-04
Redlands Regular Meeting of 09-03-24 1549 of 1977
Business Solutions 1.800.800.0014 Enterprise Solutions 1.800.369.1047 Public Sector Solutions 1.800.800.0019 Business Solutions 1.800.800.0014 Enterprise Solutions 1.800.369.1047 Public Sector Solutions 1.800.800.0019 Our Expertise
Connection has qualified experts and experience implementing a breadth of data center solutions for customers of all sizes across diverse industries. Our Converged Data Center Services make it easy to adopt and implement the industry’s highest performing infrastructure technologies to keep data centers running efficiently and effectively.
Resources can be allocated and used based on analytics whereby workflows and workloads are directed to best serve the organization at any particular point in time.
When optimized, organizations can attain new levels of agility and flexibility across all domains of the data center including servers, virtualization, and storage. This is the era of the software-defined data center, and our team can help you realize both the vision and the benefits.
Private and Hybrid Cloud
An on-premises virtualized data center,
built by your organization and run by your
organization, can be upgraded into a private
cloud environment. A true private cloud
environment builds from traditional server
virtualization and offers distinct attributes of
cloud models: pools of compute resources, broad
access to data, rapid scalability, self-service
provisioning, and the ability to measure usage.
Integrate that capability with an off-premises,
hosted cloud solution, and organizations can
benefit from expanded resource pools for burst,
proximity, and budgetary benefit.
Converged Infrastructure
Integrated server, storage, networking, and
virtualization platforms are emerging as the
modern option for maximum performance and
cost efficiency to address today’s demanding
workloads. Let our team lead you through
the planning, integration, and guide the
implementation of one of these high-performance
platforms to better serve your organization.
Data Protection and
Business Continuity
Insulate your operations and your partners
from technology failures, natural disasters, and
unplanned outages before you have to recover
from an unexpected event. Our experts will
design a world-class business continuity plan
to keep your most critical systems and workloads
available—even when disaster occurs. Our team
can help you assess the factors to consider
how to design your plan and the best technology
to implement to achieve continuity in your
systems and more importantly, across your
entire infrastructure.
Enterprise Disk Arrays
and Storage Networking
An organization’s data is one of its most valuable
assets. The need for efficient, reliable, and costeffective storage solutions has never been greater. Our team of experts can ensure that you
leverage the right storage tiering, classification,
and investments to fuel your infrastructure with
the data it needs to operate. Whether you want
to build a new storage environment or add to
an existing one, we can help.
Server and Desktop Virtualization
To develop and roll out a virtualization strategy
that helps you maximize data center efficiency
and user satisfaction simultaneously is a
monumental challenge. Our team of experts
has implemented virtualized data centers for
customers of all sizes and with widely varied
requirements. Whether you start with our
virtualization workload assessment, adopt
end user computing virtualization, or pursue
a software-defined data center vision, let our
experts lead you with strategies proven to
maximize your investment.
For more information, visit www.connection.com/DataCenterPractice Our Expertise
Connection has qualified experts with years of experience who provide a personalized engagement with customers to build the right hybrid and public cloud solutions. Our team helps you discern the factors that should drive the identification and prioritization of providers that can best host your workloads. Combine the attributes of public cloud capacity with high-performing network connectivity and the option to co-locate legacy or proprietary hardware, and optimal possibilities evolve. That’s where our team excels— we give you options for delivering a next-generation IT strategy.
Cloud Storage and Disaster Recovery
With an on-premises data center connected to
the storage pools or replication services of a
public cloud provider, you get a tiered and resilient
data protection strategy. Whether your goal is
redundancy, primary off-site storage, or a new
storage pool for the delivery of a new application,
our team will design a solution to accomplish
every facet with one of our many public cloud
storage partners.
Desktop as a Service (DaaS)
Don’t be intimidated by the idea of mobile
workforce computing solutions powered by
VDI technology. We will simplify it for you. Our
team can help you identify the best platforms,
approach, and implementation strategy to put the
power of hosted desktops to work for your users.
Unified Communications
as a Service (UCaaS)
Any technology adopted over the past two
decades is now obsolete or will be very soon.
The traditional PBX phone system is a perfect
example. As organizations seek to replace their
aged communication infrastructures, they
quickly realize that new ways of delivering
telecommunication technology can enhance
employee productivity and the customer
experience. Our cloud team can guide you
through the transition. Let us guide the process
to evaluate and implement a hosted UCaaS
solution that will meet your unique needs.
Infrastructure as a Service (IaaS)
and Platform as a Service (PaaS)
Any organization on a path to fully migrate
to the cloud or a new platform to build their
next application must make critical decisions.
It begins with consideration of the SMAC
stack (social, mobile, analytics, and cloud).
Our team is well versed in this area and
prepared to help navigate the factors that will
lead to proper selection—the right architecture
and the most appropriate provider.
Connectivity
To develop and implement a connectivity strategy
that provides your organization’s users and
applications with the bandwidth and redundancy
to keep your organization running is a daunting
task. Couple that challenge with the ability to
keep costs under control and manage the network
interface effectively, and you face a substantial
challenge. Our team has helped customers design
resilient, cost-effective networks regardless
of environment size or requirements. Put our
knowledge to work for your organization.
Colocation
Colocation can provide you with additional or
alternate space in which to run your most critical
workloads. Our tier 3 colocation data center
providers can deliver high fidelity data center
capacity through managed data center services
for your equipment. Need a better, safer, and
more resilient environment? We can help you
find the right facility in the right location to
meet your needs.
For more information, visit www.connection.com/CloudPractice Converged Data Center PRACTICE Cloud PRACTICE
Converged
Data Center Solutions
FEATURED PARTNERS:
Brocade
Cisco
Dell EMC
Hewlett Packard Enterprise
Nutanix
SimpliVity
Symantec
Veeam
VMware
Cloud Solutions
FEATURED PARTNERS:
8x8
CenturyLink
CoreSite
Cosentry
Datapipe
Digital Realty
EvolveIP
HOSTING
Level 3
Lightower
Masergy
Microsoft
NaviSite
NetWolves
nScaled
Peak 10
QTS
Rackspace
RapidScale
ShoreTel
Thinking Phone Networks
Verizon Terremark
ViaWest
VMware
WestIP
Windstream
Zayo
Connection Response 158 RFP 21-04
Redlands Regular Meeting of 09-03-24 1550 of 1977
Business Solutions 1.800.800.0014 Enterprise Solutions 1.800.369.1047 Public Sector Solutions 1.800.800.0019 Business Solutions 1.800.800.0014 Enterprise Solutions 1.800.369.1047 Public Sector Solutions 1.800.800.0019 Our Expertise
With the continuous state of change in the global threat landscape, organizations face cyberattacks and security breaches that are growing in frequency and sophistication every day. Our Security Practice offers solutions and services to counteract increased risk proliferation. Based on your organization’s needs, environment, processes, and security goals, our experts will provide insights to help you implement the right solutions to address your critical risks and protect your operations. As an extension of your IT team, we’re committed to keeping your organization operating safely and securely.
Security Assessment and Audit
Our Security Assessment and Penetration Testing
Services help prioritize where you should focus
resources to reduce overall risk. We will help you
better understand today’s real-world threats
and how they could affect your organization.
A Penetration Test can uncover a myriad of
vulnerabilities in any environment. It helps
highlight which vulnerabilities are exploitable,
which risks are critical and therefore need to
be addressed with a high priority, and which
items must be remediated over time. Our team
identifies and understands the vulnerabilities
that exist in your environment, then works with
you to develop a prioritized plan to bring that risk
in line with acceptable levels in accordance with
compliance-based security requirements such as
HIPAA, HITECH, ePHI, PCI, GLBA, and FISMA.
Security Suite Optimization
Industry data shows that more than 30% of all
software security solutions are acquired in suites
to aid in the unification and implementation
of security policies. In other words, where one
mechanism leaves off—another one immediately
picks up. Since security can often be a mix of
investments from multiple vendors, we frequently
see areas where coverage cannot be extended
and also examples where integration between
vendors’ products is less than ideal.
In this engagement, our team works with you
to determine and document your security risks,
outlines gaps in security coverage and protection,
and advises you on the correct steps to take to
address these risks. Our team can help ensure
that whether you’re using one or multiple security
providers, your environment is adequately
configured and provides the protection, visibility,
and oversight that your organization, users,
and data require. This “Unified Security Stack”
is the goal based on principles of uniform
policy implementation, complete coverage
and seamless security protection.
Security Governance, Risk,
and Compliance
A multi-step process is needed to develop
and implement a comprehensive security
management plan. The first step is to have a solid
understanding of your environment’s security
risk level. Let our experts help you identify and
document all policies and controls. Then we will
help validate an ongoing process to maintain
compliance with those policies over time. Our
team draws on years of experience and stays
abreast of current threats in order to help you
develop a well-documented, well-defined security
program from investigation to implementation.
Managed Security Services
Does your organization know where it stands
in relation to company policies and compliance
controls, 24 × 7 × 365? Does your security
infrastructure provide you the protection,
visibility, and oversight to manage security
events? Our Security Practice utilizes a
proven process and industry-leading tools
to continuously monitor and manage your
environment. Our team will give you an accurate
picture of your risk and a solid foundation
to continuously protect, detect, and react to
today’s sophisticated and constantly evolving
security threats.
For more information, visit www.connection.com/SecurityPractice Our Expertise
Connection works with customers to extend their on-premises and on-campus IT infrastructures to the mobile experiences that today’s organizations require. Our team can work with you to ensure that the necessary network infrastructure is in place all the way through to securing the data on each device to prohibit unnecessary or unacceptable risk.
Whether your requirements are small or large, we can help you develop the right solution with products and services best suited for your mobile device environment.
We support the mobile computing needs of a workforce increasingly on the go.
We offer custom configuration, imaging, delivery, and enhanced security solutions for mobile data and devices.
Mobile Readiness Survey
A successful on-campus mobile project is reliant
on the wireless network that will support it. Let
our team perform a full site survey to help you
map out where you have the coverage necessary
to succeed and where upgrade or extension
of that network will be necessary to achieve
success. Our team will architect a solution for
you based on our findings and can deliver the full
implementation for you to ensure that you don’t
under or overestimate what’s required.
Mobile Device Management
Whether you are going with an organizationowned device strategy or an employee-owned device strategy, you will need to ensure that the
registration process and security policies properly
govern those devices as they traverse yours and
other host networks. Ranging from application
delivery and device management policy all the
way to user-level restrictions, our team can ensure
that your MDM project is a success from day one.
Mobile Device Security
The first step in any mobility initiative is to ensure
proper security, protect data, and comply with
regulations. With so many different devices,
products, and methods available the choices can
seem complex. Our team of specialists can also
help you deliver Mobile Content Management
(MCM) solutions, which allow organizations to
secure document distribution and mobile access
to files through a native mobile app. Let us help
you sort through the complexity with our diverse
knowledge of today’s market and products, so
your employees can securely access the resources
they need to stay productive.
Mobile Deployment Services
Deploying a large number of mobile devices
over a large territory can stress the limits of your
IT organization and be very costly. Our warehouse
and configuration center can make this a
budget-friendly and simple exercise and provide
you with an ongoing solution.
For more information, visit www.connection.com/MobilityPractice Security PRACTICE Mobility PRACTICE
Security Solutions
FEATURED PARTNERS:
AirWatch by VMware
Aruba
Barracuda
BeyondTrust
Check Point
Cisco ISE
Cisco/Sourcefire
Fortinet
Imprivata
Intel Security
Kaspersky
LogRhythm
MobileIron
Ping Identity
Quest Software
RSA
SecureAuth
Solarwinds
Sophos
Splunk
Symantec
Trend Micro
WatchGuard
Mobility Solutions
FEATURED PARTNERS:
AirWatch by VMware
Good Technology
JAMF Software
MobileIron
PLATFORM EXPERTISE:
iOS
macOS
Android
Blackberry
Windows Mobile
Connection Response 159 RFP 21-04
Redlands Regular Meeting of 09-03-24 1551 of 1977
Business Solutions 1.800.800.0014 Enterprise Solutions 1.800.369.1047 Public Sector Solutions 1.800.800.0019 Business Solutions 1.800.800.0014 Enterprise Solutions 1.800.369.1047 Public Sector Solutions 1.800.800.0019 Our Expertise
Connection has qualified experts with experience building the right networking solutions for thousands of customers. Let our in-house experts help you build a complete IT infrastructure with a solid foundation. Our services address network efficiencies, collaboration requirements, increased speed, and greater productivity.
In-depth assessment, documentation, consultation, design, planning, installation, and management services are available for all networking solutions.
Network Architecture
A secure, reliable and resilient network is crucial
for any entity operating in today’s technologydriven world. Our Network Practice can help you develop a clear understanding of the
capabilities and shortcomings of your existing
infrastructure and chart a plan for remediation.
Engagement goals include:
• Understand existing network infrastructure
• Find new ways to expand capabilities
• Leverage current investments
Rapid network expansion, newly acquired or
merged networks, may leave you with uncertainty
about your overall environment. We can dig deep
into your infrastructure with a comprehensive
discovery of your IT network, document its
current state, and conduct a performance
analysis for each appliance for a holistic view.
We help identify the equipment that should
be upgraded and review performance issues,
such as bottlenecks.
Once issues are uncovered or known issues are
identified, we provide remediation plans to fix the
problems, optimize your network’s performance,
and increase your network capabilities. Let our
experts help you define the right network
architecture for your organization, implement
it according to proven practices, and tune it for
the applications and traffic patterns that exist
in your environment.
Network Access
Network access can be simplified and secured
with one network, one policy, and one
management architecture. Our experts will
take a holistic approach to design a network
that provides wireless access that performs
like wired, and effectively supports the policies
that enable BYOD (Bring Your Own Device).
Our Networking Practice works closely with
our Security Practice to create policy-driven,
on-demand access solutions with built-in security
layers and will help you not only optimize your
environment and resolve capacity issues but also
include security measures across all domains.
Collaboration
The social, mobile, collaborative world is upon
us. Regardless of job function, organization,
or industry, technologies to maximize your
efficiency and ability to remain engaged are
essential. Our team has guided organizations
through the careful selection of the right unified
communication and collaboration technologies
that drive innovative efficiencies. Take the journey
with us to find new ways to uncover and act
on information that is often scattered across
your organization.
We will work together with you to unify voice
and video across your organization and build
upon the existing foundation of your network
infrastructure. We can also help you understand
how to expand your existing network footprint
to support the use of video and determine if your
network is ready to support the real-time traffic
and Quality of Service (QoS) necessary for these
types of applications. With network weaknesses
identified and remediated, we’ll help ensure your
IT dollars produce maximum ROI while delivering
high levels of performance.
For more information, visit www.connection.com/NetworkingPractice Our Expertise
Connection has qualified experts and decades of experience to help customers build the right solution stack for their organizations. Our team helps you discern the factors that should drive the architectural considerations that in turn should drive your investment.
Today’s IT strategy is focused on outcomes, and there’s no greater source than the software that manages the data and yields the insights that drive our daily work.
Messaging Platform Services
A secure, reliable, and resilient messaging
architecture is an essential asset for any entity
to operate in today’s technology-dependent
world. Let our experts help you choose the
right messaging platform for your needs and
implement it according to proven practices.
Whether you’re migrating to Office 365,
upgrading your on-premises Microsoft Exchange
infrastructure, or moving from a legacy to a
modern messaging platform, our team can
help. Once you’re up and running, we will
further integrate and performance-tune it for
the applications and traffic patterns that exist
or may change in your environment.
Infrastructure Software Services
Software versions change often. With every
passing launch, upgrade, and end of support there
is opportunity, from reconfiguration to redesign.
Let our team of experts show you where your
infrastructure would benefit from re-architecting
the design and deployment of your Windows and
Active Directory services.
Once new versions of the core services are in
place, continuing to leverage an old Microsoft
services design is a missed opportunity. Leverage
our team to show you how to get the most from
your investment.
Application and Database Services
Today’s information architectures are built
off of the applications that users navigate to
create and manage data. That data then fuels
decision-making, personalization possibilities,
and ultimately the customer experience. From
higher education institutions that want to
deliver a great new admissions application to
growing commercial entities that need to reach
more consumers, the database is at the core
of applications.
Our team of experts will ensure that you’ve
implemented your database platform in the
most scalable and proven pattern. If you need
performance improvements, let us perform a
healthcheck to ascertain what optimization is
required. For example, if resiliency and failover are
your priorities, let us design and build the solution
that meets those specs.
For more information, visit www.connection.com/SoftwarePractice Networking PRACTICE Software PRACTICE
Networking Solutions
FEATURED PARTNERS:
Aerohive
Aruba
Cisco
Dell EMC
F5
Hewlett Packard Enterprise
Polycom
Riverbed
ShoreTel
VMware
Software Solutions
FEATURED PARTNERS:
AirWatch by VMware
Citrix
Intel Security
Microsoft
MobileIron
Red Hat
Sophos
Symantec
Veeam
VMware
Connection Response 160 RFP 21-04
Redlands Regular Meeting of 09-03-24 1552 of 1977
Business Solutions 1.800.800.0014 Enterprise Solutions 1.800.369.1047 Public Sector Solutions 1.800.800.0019 Our Expertise
Connection offers a contemporary IT Service Management (ITSM) model, which includes service desk offerings, IT staffing, remote infrastructure management, and lifecycle services. Technology deployments, refresh/upgrades, move/add/change, maintenance, management, and disposal services are available as projects or as ongoing managed services. We also maintain configuration and depot services for network and end-user assets. Our robust Project Management Office and IT Infrastructure Library (ITIL) foundation ensures operational excellence throughout every engagement. With more than 97% of U.S. zip codes available for field services, support locations, and service desk operations nationwide, we are ready to provide service anytime, anywhere.
IT Service Management
Relevant forces such as aggressive application
adoption, rapidly evolving infrastructure,
end-user sophistication, and IT functions at the
department level increase constraints on IT.
The resulting adverse effects include the inability
to sustain governance, difficulties safeguarding
infrastructure, and challenges to maintain service
level agreements. However, if you evolve service
desk operations to an ITSM framework—including
remote infrastructure management, provisioning,
and asset management solutions—you gain a
first line of defense to reclaim consistent support
and visibility. Our single point of contact ITSM
framework has proven successful for many
IT leaders. As a national IT solutions provider,
Connection will function as an extension of your IT
department to deliver the ITSM Solutions that give
you a measurable advantage.
Our team offers decades of experience through
comprehensive, yet flexible, services:
• Service Desk
• Asset Management
• Remote Management
• Maintenance
• IMAC
Technology Deployments
As a qualified extension of your IT department,
we deliver lifecycle services from the
data center to the desktop, nationwide.
Solutions range from complete ITSM services
to modular lifecycle functions, as required.
Services can be executed on a per project basis
or as an ongoing managed service in a very
customizable and agile framework.
Services span:
• Configuration
• Logistics
• Refreshes
• Upgrades
• Installation
• Maintenance
• Disposal
• Device as a Service
IT Staffing Services
Hiring top IT talent is a crucial ingredient in your
organization’s success. Finding those individuals
quickly saves time and money. Connection offers
a full range of Technology Staffing Services to
fit every organization and environment. Our
experienced staffing experts can help you recruit
the best candidates for any project and any
timeline. With our Contract-to-Hire Staffing
Service, organizations gain the freedom to make
hiring decisions with confidence. Our recruitment
team works with your hiring managers to
identify the skills, traits, and experience your
organization requires, and then we find the
best candidates for the job.
Our offerings include:
• Contract
• Contract-to-Hire
• Direct Hire
• Payrolling Services
We can provide the expertise you need to remain
productive, and focused on your job—without the
wait, costs, or risks of traditional hiring.
For more information, visit www.connection.com/LifecyclePractice CONNECT WITH OUR:
Advanced Technology Solutions
We transform technology, turning trusted brands into
complete IT solutions, by adding a unique combination
of IT services, expertise, and support.
Dedicated Account Teams
Our sales force is the most tenured in the industry,
and they understand your environment and the
external forces that affect it.
Global Procurement
We offer global procurement in 174 countries with more than 500 suppliers, allowing us to provide IT service management that’s unmatched in our industry.
Industry-Leading Expertise
Our team of experts can support the assessment, design, implementation, and management of all your IT projects.
Software Licensing
Our experienced licensing team is ready to help you find licensing programs that will stretch your software budget and protect you from liability.
Premier Technology Certifications
We hold premier certifications with top vendors that allow us to offer in-demand products and expert technical
service and support.
Product Authorizations
We hold authorizations with top OEM partners. This keeps us in-tune with advances in technology and enables us
to offer the most sought-after products.
Convenient Availability
We have priority access to the biggest IT brands
in the industry—granting us the ability to maximize
product availability.
Rapid Response Times
Within hours of an order, we can have items picked,
configured, packed, and in-flight to any nationwide location— well past typical cut-off times—for next-day delivery.
Custom Configuration
Our technicians perform a broad range of services at
our ISO 9001:2008 certified lab, and we can deliver the next business day.
Support Throughout the IT Lifecycle
We provide a full line of IT services to maintain your
infrastructure throughout the technology lifecycle, as well as customizable professional services to support the unique needs of your organization.
Efficient Procurement Tools
Our website offers an efficient procurement channel with benefits that include purchasing authorization control
and the ability to connect eProcurement systems, ERPs,
marketplaces, and more. We also offer flexible payment
options like credit card, P-Card, Net Terms Account, and leasing programs.
Vendor-Agnostic Design
We offer recommendations that reflect the best possible outcome for your needs, regardless of vendor or brand.
Strong Industry Partnerships
Our award-winning service and deep partnerships with
leading industry suppliers ensure you have access to the latest technologies and resources.
Visit www.connection.com/ConnectionDifference to learn more.
Lifecycle PRACTICE
Optimize IT
YOUR IDEAL PARTNERSHIP TO
Our Lifecycle Services
Delivery Model Is Your
Foundation for Success:
Proven Solutions—Reliable,
measurable, and flexible
services throughout the
engagement process
Win-Win Approach—The most
flexible approach to solving IT
needs and ensuring ongoing
operational excellence
Fully Integrated Offerings—
From discrete lifecycle projects
to ongoing deliverables to
managed service level agreements
including service desk, asset
management, refresh cycles, and
remote infrastructure management
Project Management—
Onboarding support, lifecycle
implementation, and steady state
operations in conjunction with
service delivery teams
Service Delivery Support—Highly
effective service accountability,
ongoing service execution, and
continuous improvement
Full Suite of Services—Extensive
consulting, engineering, process
improvement resources, and
customer advocacy to leverage
optimal client outcomes and
customer satisfaction
WebSPOC™—This ITIL certified
incident management system
includes asset management,
problem management,
contract management,
configuration management
database, and overall
ITSM framework
Connection Response 161 RFP 21-04
Redlands Regular Meeting of 09-03-24 1553 of 1977
Our Expertise
The Global Services team at Connection is well established in our industry with decades of technology experience at home and abroad. Whether you’re procuring IT for a branch office across town or an office halfway across the globe, we can help. Our alliances throughout the world provide seamless solutions for your global IT needs. Our team of experts offers assessments, analysis, and technology planning and integration to help you simply and seamlessly manage and enable global procurement.
Turn to our GlobalServe solutions experts to help you solve your toughest procurement challenges.
Logistics
Customs inspections, missing paperwork, and local regulatory requirements can often lead to delayed product deliveries. We have a deep understanding of and experience with global logistics and supply chains and can help you navigate the challenges of getting a product from point A to point B.
Sourcing
Locating a reliable partner or IT supply chain in an unfamiliar country can create confusion and require added scrutiny. Calls to unknown suppliers with questionable reputations can add both time and risk to the process. We take the frustration out of supplier relationships.
Our team has more than a decade of experience contracting with over 500 suppliers in 174 counties. We can do all the work for you.
Account Management
Organizations prefer to work with a trusted resource, and that can become difficult when you are branching out into several locations around the world. Additionally, it can be difficult to manage and update catalogs, manage end of life products, and SKU and currency conversions with global procurement. Our Data Management Team handles all the complexities of deploying your catalogs in a global environment. And, our Supplier Management Team manages all vendors in country to circumvent challenges with languages and currencies.
Acquisition Activity
Mergers inherently create a complicated web of vendors and partners around the world. As a result, companies often face redundancies, budgetary waste and missed opportunities for savings.
We can help you consolidate and simplify IT procurement activities— with full discount levels that would otherwise be difficult to achieve with global procurement.
Our Solution
Organizations with an international footprint are constantly searching for simple and seamless global purchasing to streamline communication and in-country support, while staying connected to worldwide branches. Challenges span delivery inconsistencies, freight forwarding, customs, tax considerations, currency and exchange factors, warranty claims, and service. Our GlobalServe solution delivers the support you need, with four pillars of global procurement and supply excellence:
People
Delivering global solutions for over 16 years, Connection has some of the most knowledgeable and experienced people on our team.
We intimately understand the complexities of global logistics and supply chain.
Process
Our digital GlobalServe solution is powered by automation, enabling billions of transaction dollars to seamlessly traverse our systems and processes. Our team is dedicated to sound processes that make our systems more efficient, enabling prompt problem resolution.
Whether we are onboarding a new customer or supplier or escalating a transaction, we are dedicated to efficiency and speed.
Technology
Connection’s GlobalServe solution lets you capture full discount levels that are difficult or impossible through other global procurement.
Our solution runs on patented technology, enabling organizations to purchase products from multiple OEMs in multiple currencies. You can build catalog bundles, extended catalogs, and domestic catalogs, utilize punch out and hybrid purchasing, and direct and indirect purchasing channels. Our technology makes it easy to add new equipment to a catalog and manage vendors and normalize the transaction flow in an automated fashion, regardless of geography and currency.
Supply Chain
In addition to products, we provide a broad spectrum of IT services to our customers. Our team has more than a decade of experience, contracting with a network of over 25,000 certified IT professionals.
We’ve done all the work for you. We have all the contracts and fullfillment services agreements in place. When we create a scope of work for a new customer, it becomes an addendum to our preestablished terms and conditions with our suppliers. This lets us quickly and easily activate the supply chain around each individual customer’s varying technology requirements.
For more information, watch our global procurement
video online at www.connection.com/GlobalServices
Anywhere IT Simplified
GLOBAL SERVICES:
1 Platform to Simplify Global Procurement
25,000+ IT Professionals
500+ Suppliers
174 Countries
with Asset Disposal Services
Connection Response 162 RFP 21-04
Redlands Regular Meeting of 09-03-24 1554 of 1977
Finding the right IT solution or service for your organization can be a challenge. Connection makes it easier to identify and evaluate the right technologies for your unique environment. Our experts have assembled all the information you need to make informed IT investments—with valuable articles, case studies, videos, and online tools just one click away.
Connection’s Official Blog
Our technology blog, Connected, serves as your one-stop resource for valuable insights from our on-staff technology experts and featured industry leaders regarding the latest news and information on IT solutions and technology trends. Join the conversation as we explore topics of importance to IT professionals.
www.connection.com/Blog
Solutions Videos
Keep up to date with trending topics, delivered directly from Connection’s in-house studio. Our comprehensive video library provides answers to your questions on today’s toughest technology issues. Meet the teams behind our Practice Areas and learn how they can help you optimize your IT. Each solution video showcases top experts who discuss emerging trends and key challenges in today’s technology ecosystem.
www.connection.com/Videos
The Pulse of IT
We partnered with IDG, the world’s leading IT research company, to survey IT decision makers across the nation. The results provide insights around today’s top concerns, industry trends, and challenges faced by respondents in their day-to-day roles. Find out what your peers are saying about their past, present, and future IT experiences.
How does your organization compare? Find out by viewing the results for yourself.
www.connection.com/TechPulse
Connected Magazine
Browse the most recent issues of Connected magazine for information and insights on the latest technologies, IT trends, and more. Each edition of our publication is full of helpful resources on in-demand topics, including articles, survey results, and in-depth info on cutting-edge hardware and software solutions.
www.connection.com/eMags
IT with
Our Resources
TAKE THE COMPLEXITY OUT OF
Case Studies
Are you considering a complex IT initiative at your organization? See how the experts at Connection helped your peers take their toughest projects from the planning stage all the way to a successful deployment. Visit our case study repository for dozens of real-world examples of satisfied customers, from an affordable Infrastructure as a Service (IaaS) solution at your local corner store to stadium-wide Wi-Fi at your favorite sporting arena.
www.connection.com/CaseStudies
Online Account Center
Our Account Center empowers your organization by allowing you to assign administration approvals and create custom catalogs that show only the products you want. And when it’s time to look at your order history, our search options make it easy for authorized personnel to track spending with powerful and convenient reporting tools.
Customize your shopping experience today!
www.connection.com/AccountCenter
Technology Library
We know how important it is to have up-to-date information to aid in the IT decision-making process. Visit our online Technology Library for a comprehensive repository of articles, webinars, podcasts, expert features, and more. Discover valuable information about the latest technologies, access advice from your peers, and get tips from our team of technical experts.
www.connection.com/TechLibrary
Social Media
Connect with our experts and other members of the IT community through our social media platforms. From Facebook and Twitter to LinkedIn, we’re all about getting the conversation started and keeping it going by sharing ideas on a wide variety of IT topics. Join the conversation today!
connection.com/blog
Connect with us Official IT blog
Connection Response 163 RFP 21-04
Redlands Regular Meeting of 09-03-24 1555 of 1977
The
TEAM
2500+
Employees
765+
Account Managers
10 Years
Average Tenure
540+
Engineering,
Services, and
Technical Staff
The
EXPERTISE
44,000
Hours of Training
Annually
2500+
Professional
Certifications
Hundreds
of Training Hours
Per Engineer
Every Year
1600+
Technology
Partners
300,000
IT Products
Available
225,000+
Custom
Configurations
Completed Every
Year and Growing
The
BUYING
POWER
With a reliable IT partner on your side, you can turn challenges into opportunities. A partnership with Connection will deliver value through in-depth expertise, savings, and outstanding service.
The IT marketplace is full of companies who claim to be different.
Our experts can show you the Connection difference.
©2017 PC Connection, Inc. All rights reserved. Connection® and we solve IT™ are trademarks of PC Connection, Inc.
All other copyrights and trademarks remain the property of their respective owners. C572542-0617 With a reliable IT partner on your side, you can turn challenges Trusted Technology Partner
Solve Your IT Challenges with a
» To learn more about our services available to support your IT projects, contact an Account Manager or visit www.connection.com/Solutions Business Solutions
1.800.800.0014
Enterprise Solutions
1.800.369.1047
Public Sector Solutions
1.800.800.0019
connection.com/blog
Connect with us Official IT blog
Connection Response 164 RFP 21-04
Redlands Regular Meeting of 09-03-24 1556 of 1977
Partner with Us
When you are faced with opportunities and challenges, it’s important to have a reliable IT partner on your side. We are confident that your partnership with Connection® Public Sector Solutions will deliver you value through a combination of depth of experience, savings, and outstanding service.
Take a closer look at Connection and you’ll see that everything we do revolves around making it easier for you to evaluate, design, purchase, implement, and maintain complete IT solutions that enable you to better fulfill your mission. Not only are we named on the contracts you use most, but we have the technology solutions, dedicated account teams, on-staff experts, product authorizations, IT services and efficient procurement tools you need to take care of everything with a single phone call.
The IT marketplace is full of companies who simply claim to be different. We prefer to prove it, day in and day out. Choose Connection and we’ll prove it to you. We are committed to the highest standards of quality in our people, products, partnerships, and technology, to ensure we continue to deliver on the reason for our success—customer satisfaction.
Why Connection® Public Sector Solutions?
x We are a financially stable, Fortune 1000 company.
x We offer complete solutions and services designed to improve operations and increase the value of IT.
x We employ the most highly trained, experienced IT professionals in the industry. x We strive to understand your needs and to create solutions that adhere to your requirements and budget.
x We serve as a trusted extension of your IT staff.
x We are relentless in our commitment to exceeding
your expectations.
1.800.800.0019
www.connection.com/ps
Connection Response 165 RFP 21-04
Redlands Regular Meeting of 09-03-24 1557 of 1977
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k^^lgVPPmmmnZj[_elef^[\fgn]ZjPgillo_\fgP]Z[[\]^_Z[Plipo_]qg\]^ZfP]Z[^fe]^qrZ]ij\[^gs]tOuQQPQ Redlands Regular Meeting of 09-03-24 1559 of 1977
Redlands Regular Meeting of 09-03-24 1560 of 1977
Redlands Regular Meeting of 09-03-24 1561 of 1977
Redlands Regular Meeting of 09-03-24 1562 of 1977
Redlands Regular Meeting of 09-03-24 1563 of 1977
City Council Meeting K. 3.
DATE: 09/03/2024
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of the purchase of a PacPress filter press non-competitively from Harrington Industrial Plastics LLC for a total price of $862,862.01 and determine that this action is exempt from environmental review pursuant to Section 15061 (b)(3) 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 that purchasing a filter press is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act, and approve the Sole Source purchase of a PacPress filter press from Harrington Industrial Plastics LLC for a total price of $862,862.01.
RECOMMENDATION:
Staff recommends that City Council determine that purchasing a filter press is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act, and recommends approval of a Sole Source purchase of a PacPress filter press from Harrington Industrial Plastics LLC for a total price of $862,862.01.
DISCUSSION:
The Municipal Utilities and Engineering Department (MUED) produces, treats, and distributes potable water to approximately 22,000 customers within its service area. Water is treated at two (2) surface water treatment plants (WTP).
The Hinckley WTP receives raw water primarily from the Santa Ana River, and Redlands Regular Meeting of 09-03-24 1564 of 1977
the Tate WTP receives raw water primarily from Mill Creek. Both WTPs use various mechanical and chemical processes to remove sediment and organic debris from the raw water prior to disinfection.
The byproduct of the sediment and debris removal process is a wet sludge that must be de-watered prior to disposal. The Hinckley WTP produces approximately 12,000 gallons of wet sludge from the sedimentation basins and 14,000 gallons of wet sludge from the waste water recycle treatment plant each day. The current de-watering process is lengthy, labor-intensive, and requires the use of diesel-fueled heavy equipment to move the sludge as it dries.
Typically, 2,400 cubic feet of dry sludge is produced each day. More advanced technologies exist that are capable of significantly expediting the wet sludge de-watering process and reducing operating costs.
In April 2022, the City Council approved a Professional Services Agreement with Dudek to specify sludge de-watering equipment and engineer associated site improvements at the Hinckley WTP. Dudek successfully completed the Engineering phase of this project in June 2024. The project scope-of-work required Dudek to work with MUED staff to identify practical, efficient de-watering technologies before developing plans and specifications for the Construction phase of the project. Dudek and the MUED staff determined that a semi-automated filter press is the best sludge de-watering technology for the Hinckley WTP. Dudek contacted four (4) known manufacturers of filter presses - PacPress (Anaheim, CA), Alfa Laval (Virginia), M.W. Watermark (Michigan), and Ishigaki (Japan and New Hampshire) requesting equipment specifications. Only PacPress was responsive and submitted specifications for their product. The other manufacturers declined to submit equipment specifications, citing difficulties warrantying and servicing their products from such a great geographic distance.
Dudek and MUED staff met with PacPress representatives to learn more about their product, toured the PacPress manufacturing facility, and visited a Los Angeles metal plating company that uses a PacPress filter press for a product demonstration. The PacPress filter press works well, and feedback from the metal plating company employees that operate the equipment daily was positive.
Dudek and MUED staff determined that the PacPress equipment is ideal for the Hinckley WTP de-watering process, and Dudek refined the equipment installation and site construction plans to specify the use of this product.
Harrington Industrial Plastics LLC (Harrington), located in Anaheim, is the sole west coast distributor of PacPress products. Dudek and MUED staff negotiated a reasonable purchase of $862,862.01 with Harrington for a seventy-five cubic foot (75 CF) PacPress filter press, platform, and associated equipment. This price includes delivery and unloading of equipment at the Hinckley WTP. The lead time for manufacturing and delivery of this equipment is approximately six (6) months. Purchasing this equipment directly from Harrington, in lieu of including the purchase in a future installation and construction project contract, Redlands Regular Meeting of 09-03-24 1565 of 1977
saves the City approximately $60,000. Equipment installation and associated site construction services will be competitively procured soon after the equipment is delivered.
This purchase is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act, since it can be seen with certainty that there is no possibility that it will have a significant effect on the environment.
ALTERNATIVES:
City Council may deny the staff recommendation and provide alternate direction.
STRATEGIC PLAN:
N/A
SUBMITTED BY:
John R. Harris, Municipal Utilities and Engineering Director RECOMMENDED BY:
Charles M. Duggan Jr., City Manager
REVIEWED BY:
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
Dana Abramovitz-Daniel, Procurement Manager
Paul Mariscal, Water Utility Manager
PREPARED BY:
John R. Harris, Municipal Utilities and Engineering Director Redlands Regular Meeting of 09-03-24 1566 of 1977
Fiscal Impact
Fiscal Year: FY 24/25
Revenue Generating: N
Appropriation Required Y/N: N
Budgeted Y/N: Y
Account No.: 501900
Discussion:
There is no fiscal impact associated with this action. The FY 24/25 MUED Budget includes funding for this purchase.
Attachments
Harrington Sole Source Recommendation
Harrington PacPress Quote
Redlands Regular Meeting of 09-03-24 1567 of 1977
Redlands Regular Meeting of 09-03-24 1568 of 1977
Redlands Regular Meeting of 09-03-24 1569 of 1977
Redlands Regular Meeting of 09-03-24 1570 of 1977
Redlands Regular Meeting of 09-03-24 1571 of 1977
Redlands Regular Meeting of 09-03-24 1572 of 1977
Redlands Regular Meeting of 09-03-24 1573 of 1977
Redlands Regular Meeting of 09-03-24 1574 of 1977
Redlands Regular Meeting of 09-03-24 1575 of 1977
Redlands Regular Meeting of 09-03-24 1576 of 1977
Redlands Regular Meeting of 09-03-24 1577 of 1977
Redlands Regular Meeting of 09-03-24 1578 of 1977
Redlands Regular Meeting of 09-03-24 1579 of 1977
City Council Meeting K. 4.
DATE: 09/03/2024
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of the purchase of two (2) Caterpillar backhoe loaders from Quinn CAT in the amount of $367,273.36 and determine that this action is exempt from environmental review pursuant to Section 15061(b)(3) 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 motion is provided:
I move that City Council determine that the purchase of two (2) Caterpillar backhoe loaders is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act, and approve the purchase of two (2) Caterpillar backhoe loaders from Quinn CAT in the amount of $367,273.36.
RECOMMENDATION:
Staff recommends that City Council determine the purchase of two (2) Caterpillar backhoe loaders is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act, and authorize the purchase of two (2) Caterpillar backhoe loaders from Quinn CAT in the amount of $367,273.36.
DISCUSSION:
The City of Redlands drinking water system includes two (2) surface water treatment plants, eighteen potable (18) groundwater wells, forty-four (44) booster pumps, eighteen (18) reservoirs, and more than 450 miles of distribution piping to serve customers in the City of Redlands, Mentone, and parts of Loma Redlands Regular Meeting of 09-03-24 1580 of 1977
Linda and San Bernardino. MUED Water Distribution Division staff routinely use heavy equipment to maintain the City’s critical infrastructure. Periodically, this heavy equipment must be replaced to ensure reliable equipment is available to maintain water utility infrastructure. Staff recommends purchasing two (2) new backhoe loaders to replace similar backhoes, each of which is approximately 20 years old, currently used by MUED Water Distribution Division staff. If approved by City Council, one (1) of the backhoes being replaced will be transferred to the Wastewater Fund for use at the Wastewater Treatment Plant, and the other will be transferred to the Water Production Division for use at the City's surface water treatment plants, where they will be used less frequently.
Sourcewell, formerly known as the National Joint Powers Alliance (NJPA), provides a national cooperative of purchasing opportunities on behalf of its government agency, education institution, tribal entity, and non-profit organization members. The City of Redlands is a Sourcewell member (member No.18877). The Sourcewell procurement system is a competitive process that meets Redlands' procurement requirements. Caterpillar is a Sourcewell contracted supplier (Contract No. 011723-CAT) through the Sourcewell procurement system, and offers the heavy equipment needed to operate and maintain water utility infrastructure. Purchasing these backhoes through Sourcewell will save the Water Fund approximately $93,058.24.
This purchase is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act, since it can be seen with certainty that there is no possibility that it will have a significant effect on the environment.
ALTERNATIVES:
City Council may deny the staff recommendation and provide alternate direction.
STRATEGIC PLAN:
N/A
SUBMITTED BY:
John R. Harris, Municipal Utilities and Engineering Director RECOMMENDED BY:
Charles M. Duggan Jr., City Manager
Redlands Regular Meeting of 09-03-24 1581 of 1977
REVIEWED BY:
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
Dana Abramovitz-Daniel, Procurement Manager
Tricia Swope, Facilities & Community Services Manager
PREPARED BY:
Paul Mariscal, Water Utility Manager
Fiscal Impact
Fiscal Year: FY 24/25
Revenue Generating: N
Appropriation Required Y/N: N
Amount: $367,273.36
Budgeted Y/N: Y
Account No.: 501900
Discussion:
There is no fiscal impact associated with this action. The FY 24/25 MUED Budget includes funding for this purchase.
Attachments
Quinn CAT Quote
Caterpillar Contract No. 011723
2024 Sourcewell Caterpillar Cooperative Contract Discounts Redlands Regular Meeting of 09-03-24 1582 of 1977
Quote 173865-02
QTY TWO
173865-02
July 10, 2024
CITY OF REDLANDS
Attention: Account Payable
1270 WEST PARK AVE
REDLANDS, California 92373
Sourcewell Member #18877
Attention: Aaron Canedo
Dear Sir,
We would like to thank you for your interest in our company and our products, and are pleased to quote the following for your consideration.
Two (2) New Caterpillar Inc. Model: 420 Backhoe Loader including standard and optional equipment as listed below.
STOCK NUMBER: SERIAL NUMBER: YEAR: SMU:
We wish to thank you for the opportunity of quoting on your equipment needs. This quotation is valid for 30 days, after which time we reserve the right to re-quote. If there are any questions, please do not hesitate to contact me.
Sincerely,
Jose Farias
Jose Farias
Machine Sales Representative
Phone 760.399.6404
Email [email protected]
Redlands Regular Meeting of 09-03-24 1583 of 1977
Quote 173865-02
Two (2) New Caterpillar Inc. Model: 420 Backhoe Loader including standard and optional equipment as listed below.
Standard Equipment
BOOMS, STICKS, AND LINKAGES
BACKHOE LOADER
- 14'4'' Center pivot backhoe - Single Tilt Loader
4.3 Meters - Lift cylinder brace
- Boom and swing transport locks - Self-leveling loader with single - Pilot operated backhoe and lever control
electro hydraulic stabilizer controls - Return-to-dig
- Street type stabilizer shoes (automatic bucket positioner) - Anti-drift hydraulics (boom, stick, - Transmission neutralizer switch and E-stick) - Bucket level indicator
- Cat Cushion Swing(tm) system
POWERTRAIN
- Water separator - Torque converter
- Thermal starting aid system - Transmission-four speed manual shift - Dry type axial seal air cleaner with - Neutral safety switch integral precleaner - Spin-on filters for
- Automatic dust ejection system Fuel
- Filter condition indicator Engine oil
- Hydraulically boosted multi-plate Transmission oil
wet disk brake with dual pedals & - Outboard Planetary Rear Axles interlock - Diesel particulate filter
- Differential lock - Hydrostatic power steering
HYDRAULICS
- Pilot hoe and mechanical loader - Caterpillar XT-3 hose controls - Hydraulic oil cooler
- Load sensing, variable flow system - Pilot control shutoff switch with 43 gpm (162 L/min) axial piston - Flow-sharing hydraulic valves pump - Hydraulic suction strainer
- 6 micron hydraulic filter
ELECTRICAL
- 12 volt electrical start - Audible system fault alarm - Horn, front and rear - Key start/stop system
- Backup alarm - 850 CCA maintenance free battery
- Hazard flashers/turn signals - Battery disconnect switch - Halogen head lights (2) - External Power Receptacle (12v) - Halogen rear flood lights (2) - Diagnostic ports for engine and - Stop and tail lights machine Electronic Control Modules
OPERATOR ENVIRONMENT
Redlands Regular Meeting of 09-03-24 1584 of 1977
Quote 173865-02
- Interior rearview mirror - Automatic Engine Speed Control - ROPS canopy, Rear Fenders - One Touch Low Idle
- 2-inch (50mm) retractable seat belt - Floor mat and Coat Strap - Tilt steering column - Lockable storage area
- Steering knob - Air suspension seat
- Hand and foot throttle
FLUIDS
- Antifreeze - Extended Life Coolant -20F (-30C)
OTHER STANDARD EQUIPMENT
- Standard Storage Box guard
- Transport tie-down points - CD-ROM Parts Manual
- Ground line fill fuel tank with - Safety Manual
42.3 gal (160L) capacity & 5 gal (19L) - Operations and Maintenance Manual diesel exhaust fluid - Lockable hood
- Rubber impact strips on radiator - Tire Valve Stem Protection
Redlands Regular Meeting of 09-03-24 1585 of 1977
Quote 173865-02
MACHINE SPECIFICATIONS
420 07A BACKHOE LOADER CFG2 542-7992
LANE 3 ORDER 0P-9003
TRIM PACKAGE 3
INCLUDES:
544-0883 CAB, DELUXE
542-7774 HYDRAULICS, MP, 6FCN/8BNK, ST
544-1066 PT, 4WD/2WS, POWERSHIFT
543-4284 STICK, EXTENDABLE, 4.3M (14FT)
545-5048 DISPLAY, TOUCH SCREEN
491-6736 WORKLIGHTS (8) LED LAMPS
611-0339 SEAT, DELUXE FABRIC
542-7810 AIR CONDITIONER, S5 (T4F)
560-6797 PRODUCT LINK, CELLULAR, PLE643
337-9696 COUNTERWEIGHT, 460 KGS (1015 LBS)
551-6453 RIDE CONTROL
548-1231 LINES, COMBINED AUX, E-STICK
540-2298 STANDARD RADIO (12V)
551-6940 COLD WEATHER PACKAGE, 120V
567-5090 AUTO-UP STABILIZERS
423-7607 PLATE GROUP - BOOM WEAR
353-1389 GUARD, STABILIZER
630-5313
ENGINE, 74.5KW, C3.6 DITA, T4F 541-9540
SEAT BELT, 3'' SUSPENSION 206-1748
TIRES, 340 80-18/500 70-24, MX 533-0488
STABILIZER PADS, FLIP-OVER 9R-6007
BUCKET-MP, 1.4 YD3, PO (4-1 BUCKET) 337-7442
LOADER BUCKET PINS 545-8548
CUTTING EDGE, TWO PIECE,WIDE 9R-5320
INSTRUCTIONS, ANSI 559-0872
SERIALIZED TECHNICAL MEDIA KIT 421-8926
LINES,HYD CPLR 14FT EXT PILOT 555-2396
PACK, DOMESTIC TRUCK 0P-0210
SHIPPING/STORAGE PROTECTION 461-6839
RUST PREVENTATIVE APPLICATOR 462-1033
COUPLER, PG, HYDR.D.LOCK, BHL 485-5303
420 LANE 3 ZCON 626-9390
BUCKET, 12'', 2.8 FT3 219-3410
BUCKET, 18'', 4.2 FT3 219-3380
BUCKET, 24'', 6.2 FT3 219-3381
BUCKET, 36'', 10.3 FT3 219-3383
PINS, BUCKET, BHL-F, 45MM-50MM 178-3593
Redlands Regular Meeting of 09-03-24 1586 of 1977
Quote 173865-02
WARRANTY & COVERAGE
Standard Warranty: 12 MONTHS FULL MACHINE
SELL PRICE (each) $211,496.00
SOURCEWELL DISCOUNT (22%) ($46,529.12)
AFTER DISCOUNT $164,966.88
EXTENDED PREMIER WARRANTY (36 MONTHS / 1500 HOURS) $2,138.00 FREIGHT, PREP, DELIVERY & MISC $1,750.00
NET BALANCE DUE (each) $168,854.88
QTY X2 $337,709.76
TIRE FEE $14.00
SALES TAX (8.75%) $29,549.60
AFTER TAX BALANCE FOR TWO $367,273.36
2024 Sourcewell Contract# 011723
PAYMENT TERMS
Cash Invoice Terms
CASH WITH ORDER
$367,273.36
F.O.B/TERMS:
Accepted by___________________________________ on ____________________ ______________________________
Signature
Redlands Regular Meeting of 09-03-24 1587 of 1977
011723- C AT
Rev. 3/2022 1
C aterpillar: C onfidential Green
Solicitation N um ber: RFP # 011723
CO N TRACT
This C ontract is betw een Sourcew ell, 202 12th Street N ortheast, P.O. Box 219, Staples, MN 56479 (Sourcew ell) and Caterpillar Inc., 100 N E Adam s Street, Peoria, IL 61629 (Supplier).
Sourcew ell is a State of M innesota local governm ent unit and service cooperative created under the law s of the State of M innesota (M innesota Statutes Section 123A.21) that offers cooperative procurem ent solutions to governm ent entities. Participation is open to eligible federal, state/province, and m unicipal governm ental entities, higher education, K-12 education, nonprofit, tribal governm ent, and other public entities located in the U nited States and C anada.
Sourcew ell issued a public solicitation for H eavy Construction Equipm ent w ith Related Attachm ents and Technology from w hich Supplier w as aw arded a contract.
Supplier desires to contract w ith Sourcew ell to provide equipm ent, products, or services to Sourcew ell and the entities that access Sourcew ell’s cooperative purchasing contracts (Participating Entities).
1. TERM O F CO N TRACT
A. EFFEC TIVE DATE. This C ontract is effective upon the date of the final signature below .
B. EXPIRATION DATE AN D EXTEN SION . This C ontract expires April 14, 2027, unless it is cancelled sooner pursuant to Article 22. This C ontract m ay be extended one additional year upon the request of Sourcew ell and w ritten agreem ent by Supplier.
C. SU RVIVAL OF TERM S. N otw ithstanding any expiration or term ination of this C ontract, all paym ent obligations incurred prior to expiration or term ination w ill survive, as w ill the follow ing: Articles 11 through 14 survive the expiration or cancellation of this C ontract. All other rights w ill cease upon expiration or term ination of this C ontract.
2. EQ U IPM EN T, PRO D U CTS, O R SERVICES
A. EQ U IPM EN T, PRODU C TS, OR SERVIC ES. Supplierw ill provide the Equipm ent, Products, or Services as stated in its Proposal subm itted under the Solicitation N um ber listed above.
Supplier’s Equipm ent, Products, or Services Proposal (Proposal) is attached and incorporated into this C ontract.
Redlands Regular Meeting of 09-03-24 1588 of 1977
011723- C AT
Rev. 3/2022 2
C aterpillar: C onfidential Green
Pursuant to Section 10(b), Supplier w ill subcontract certain obligations under this C ontract to its dealers. Only those dealers that sign a Participation Agreem ent w ith Supplier obligating them to com ply w ith the term s of this C ontract w ill be eligible to provide Equipm ent, Products, or Services as a subcontractor under this C ontract. In the event there is no dealer w ho has entered into a Participation Agreem ent available to provide Equipm ent, Products, or Services to a Participating Entity, Supplier w ill be under no obligation to provide Equipm ent, Products, or Services to such Participating Entity under this C ontract. Supplier w ill provide a copy of this C ontract to its dealers that w ould norm ally service Participating Entities and invite such dealers to enter into a Participation Agreem ent as a subcontractor of Supplier under the term s of this C ontract.
All Equipm ent and Products provided under this C ontract m ust be new and the current m odel.
Supplier m ay offer close-out or refurbished Equipm ent or Products if they are clearly indicated in Supplier’s product and pricing list. U nless agreed to by the Participating Entities in advance, Equipm ent or Products m ust be delivered as operational to the Participating Entity’s site.
This C ontract offers an indefinite quantity of sales, and w hile substantial volum e is anticipated, sales and sales volum e are not guaranteed.
B. W ARRAN TY. Supplier w arrants that all Equipm ent, Products, and Servicesfurnished are free from liens and encum brances, and are free from defects in design, m aterials, and w orkm anship.
In addition, Supplier w arrants the Equipm ent, Products, and Services are suitable for and w ill perform in accordance w ith the ordinary use for w hich they are intended. Supplier’s dealers and distributors m ust agree to assist the Participating Entity in reaching a resolution in any dispute over w arranty term s w ith the m anufacturer. Any m anufacturer’s w arranty that extends beyond the expiration of the Supplier’s w arranty w ill be passed on to the Participating Entity.
C. DEALERS, DISTRIBU TORS, AN D/OR RESELLERS. U pon C ontract execution and throughout the C ontract term , Supplier m ust provide to Sourcew ell a current m eans to validate or authenticate Supplier’s authorized dealers, distributors, or resellers relative to the Equipm ent, Products, and Services offered under this C ontract, w hich w ill be incorporated into this C ontract by reference. It is the Supplier’s responsibility to ensure Sourcew ell receives the m ost current inform ation.
3. PRICIN G
All Equipm ent, Products, or Services under this C ontract w ill be priced at or below the percentage list discount stated in the supplier’s proposal.
U pon request m ade to a participating C AT dealer, from a Participating Entity identifying them selves as a Sourcew ell m em ber by providing their Sourcew ell m em ber num ber and contract num ber; form al quotes w ill list all costs, including all delivery expenses, such as freight and perm its (w hen required).
Redlands Regular Meeting of 09-03-24 1589 of 1977
011723- C AT
Rev. 3/2022 3
C aterpillar: C onfidential Green
Alternatively, Participating Entities m ay choose to m ake their ow n transportation arrangem ents. In such case, there w ould be no delivery charges from the local participating C at dealer.
Regardless of the paym ent m ethod chosen by the Participating Entity, the total cost associated with any purchase option of the Equipm ent, Products, or Services m ust alw ays be disclosed in the pricing quote to the applicable Participating Entity at the tim e of purchase.
A. SHIPPIN G AN D SHIPPIN G C OSTS. All delivered Equipm ent and Products m ust be properly packaged. Dam aged Equipm ent and Products m ay be rejected. If the dam age is not readily apparent at the tim e of delivery, Supplier m ust perm it the Equipm ent and Products to be returned w ithin a reasonable tim e at no cost to Sourcew ell or its Participating Entities.
Participating Entities reserve the right to inspect the Equipm ent and Products at a reasonable tim e after delivery w here circum stances or conditions prevent effective inspection of the Equipm ent and Products at the tim e of delivery. In the event of the delivery of nonconform ing Equipm ent and Products, the Participating Entity w ill notify the Supplier as soon as possible and the Supplier w ill replace nonconform ing Equipm ent and Products w ith conform ing Equipm ent and Products that are acceptable to the Participating Entity.
Supplier m ust arrange for and pay for the return shipm ent on Equipm ent and Products that arrive in a defective or inoperable condition.
Sourcew ell m ay declare the Supplier in breach of this C ontract if the Supplier intentionally delivers substandard or inferior Equipm ent or Products.
B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier w ith valid taxexem ption certification(s). W hen ordering, a Participating Entity m ust indicate if it is a taxexem pt entity.
C. HOT LIST PRIC IN G. At any tim e during this C ontract, Supplier m ay offer a specific selection of Equipm ent, Products, or Services at discounts greater than those listed in the C ontract.
W hen Supplier determ ines it w ill offer Hot List Pricing, it m ust be subm itted electronically to Sourcew ell in a line-item form at. Equipm ent, Products, or Services m ay be added or rem oved from the Hot List at any tim e through a Sourcew ell Price and Product C hange Form as defined in Article 4 below .
Hot List program and pricing m ay also be used to discount and liquidate close-out and discontinued Equipm ent and Products as long as those close-out and discontinued item s are clearly identified as such. C urrent ordering process and adm inistrative fees apply. Hot List Pricing m ust be published and m ade available to all Participating Entities.
Redlands Regular Meeting of 09-03-24 1590 of 1977
011723- C AT
Rev. 3/2022 4
C aterpillar: C onfidential Green
4. PRO D U CT AN D PRICIN G CH AN G E REQ U ESTS
Supplier m ay request Equipm ent, Product, or Service changes, additions, or deletions at any tim e. All requests m ust be m ade in w riting by subm itting a signed Sourcew ell Price and Product C hange Request Form to the assigned Sourcew ell Supplier Developm ent Adm inistrator. This approved form is available from the assigned Sourcew ell Supplier Developm ent Adm inistrator.
At a m inim um , the request m ust:
x Identify the applicable Sourcew ell contract num ber; x Clearly specify the requested change;
x Provide sufficient detail to justify the requested change; x Individually list all Equipm ent, Products, or Services affected by the requested change, along w ith the requested change (e.g., addition, deletion, price change); and x Include a com plete restatem ent of pricing docum entation in M icrosoft Excel with the effective date of the m odified pricing, or product addition or deletion. The new pricing restatem ent m ust include all Equipm ent, Products, and Services offered, even for those item s w here pricing rem ains unchanged.
A fully executed Sourcew ell Price and Product Request Form w ill becom e an am endm ent to this C ontract and w ill be incorporated by reference.
5. PARTICIPATIO N , CO N TRACT ACCESS, AN D PARTICIPATIN G EN TITY REQ U IREM EN TS
A. PARTIC IPATION . Sourcew ell’s cooperative contracts are available and open to public and nonprofit entities across the U nited States and C anada; such as federal, state/province, m unicipal, K-12 and higher education, tribal governm ent, and other public entities. Supplier m ay not enter into a contract w ith a U .S. Federal Governm ent entity prior to obtaining necessary internal approvals and shall not be obligated to provide Equipm ent, Products or Services to any U .S. Federal Governm ent entity under this C ontract unless separately agreed in w riting. C aterpillar m ay w ork w ith such parties and m ay agree to provide equipm ent or services under the C ontract on a case-by-case basis.
The benefits of this C ontract should be available to all Participating Entities that can legally access the Equipm ent, Products, or Services under this C ontract. A Participating Entity’s authority to access this C ontract is determ ined through its cooperative purchasing, interlocal, or joint pow ers law s. Any entity accessing benefits of this C ontract w ill be considered a Service M em ber of Sourcew ell during such tim e of access. Supplier understands that a Participating Entity’s use of this C ontract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipm ent, Products, or Services from any other source.
Supplier is responsible for fam iliarizing its sales and service forces w ith Sourcew ell contract use eligibility requirem ents and docum entation and w ill encourage potential participating entities
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to join Sourcew ell. Sourcew ell reserves the right to add and rem ove Participating Entities to its roster during the term of this C ontract.
B. PU BLIC FAC ILITIES. Supplier’s em ployees m ay be required to perform w ork at governm entow ned facilities, including schools. Supplier’s em ployees and agents m ust conduct them selves in a professional m anner w hile on the prem ises, and in accordance w ith Participating Entity policies and procedures, and all applicable law s.
6. PARTICIPATIN G EN TITY U SE AN D PU RCH ASIN G
A. ORDERS AN D PAYM EN T. To access the contracted Equipm ent, Products, or Services under this C ontract, a Participating Entity m ust clearly indicate to Supplier that it intends to access this C ontract; how ever, order flow and procedure w ill be developed jointly betw een Sourcew ell and Supplier. Typically, a Participating Entity w ill issue an order directly to Participating Dealers w ith paym ents m ade to the Participating Dealers. If a Participating Entity issues a purchase order, it m ay use its ow n form s, but the purchase order should clearly note the applicable Sourcew ell contract num ber. All Participating Entity orders under this C ontract m ust be issued prior to expiration or cancellation of this C ontract; how ever, Supplier perform ance, Participating Entity paym ent obligations, and any applicable w arranty periods or other Supplier or Participating Entity obligations m ay extend beyond the term of this C ontract.
Supplier’s acceptable form s of paym ent are included in its attached Proposal. Participating Entities w ill be solely responsible for paym ent and Sourcew ell will have no liability for any unpaid invoice of any Participating Entity.
B. ADDITION AL TERM S AN D C ON DITION S/PARTIC IPATIN G ADDEN DU M . Additional term s and conditions to a purchase order, or other required transaction docum entation, m ay be negotiated betw een a Participating Entity and Supplier’s Participating Dealer, such as job or industry-specific requirem ents, legal requirem ents (e.g., affirm ative action or immigration status requirem ents), or specific local policy requirem ents. Som e Participating Entities m ay require the use of a Participating Addendum , the term s of w hich w ill be negotiated directly betw een the Participating Entity and Supplier’s Participating Dealer or its authorized dealers, distributors, or resellers, as applicable. Any negotiated additional term s and conditions m ust never be less favorable to the Participating Entity than w hat is contained in this C ontract.
C. SPEC IALIZED SERVIC E REQ U IREM EN TS. In the event that the Participating Entity requires service or specialized perform ance requirem ents not addressed in this C ontract (such as ecom m erce specifications, specialized delivery requirem ents, or other specifications and requirem ents), the Participating Entity and the Supplier m ay enter into a separate, standalone agreem ent, apart from this C ontract. Sourcew ell, including its agents and em ployees, will not be m ade a party to a claim for breach of such agreem ent.
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D. TERM IN ATION OF ORDERS. Participating Entities m ay term inate an order, in w hole or in part, im m ediately upon notice to Supplier in the event of any of the follow ing events:
1.The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipm ent, products, or services to be purchased; or
2.Federal, state, or provincial law s or regulations prohibit the purchase or change the Participating Entity’s requirem ents.
E. GOVERN IN G LAW AN D VEN U E. The governing law and venue for any action related to a Participating Entity’s order w ill be determ ined by the Participating Entity m aking the purchase.
7. CU STO M ER SERVICE
A. PRIM ARY AC C OU N T REPRESEN TATIVE. Supplier w ill assign an Account Representative to Sourcew ell for this C ontract and m ust provide prom pt notice to Sourcew ell if that person is changed. The Account Representative w ill be responsible for:
x M aintenance and m anagem ent of this C ontract;
x Tim ely response to all Sourcew ell and Participating Entity inquiries; and x Business review s to Sourcew ell and Participating Entities, if applicable.
B. BU SIN ESS REVIEW S. Supplier m ust perform a m inim um of one business review w ith Sourcew ell per contract year. The business review w ill cover sales to Participating Entities, pricing and contract term s, adm inistrative fees, sales data reports, perform ance issues, supply issues, custom er issues, and any other necessary inform ation.
8. REPO RT O N CO N TRACT SALES ACTIVITY AN D AD M IN ISTRATIVE FEE PAYM EN T A. C ON TRAC T SALES AC TIVITY REPORT. Each calendar quarter, Supplier m ust provide a contract sales activity report (Report) to the Sourcew ell Supplier Developm ent Adm inistrator assigned to this C ontract. Reports are due no later than 45 days after the end of each calendar quarter. A Report m ust be provided regardless of the num ber or am ount of sales during that quarter (i.e., if there are no sales, Supplier m ust subm it a report indicating no sales w ere m ade).
The Report m ust contain the follow ing fields:
x Participating Entity N am e (e.g., City of Staples Highw ay Departm ent); x Participating Entity Physical Street Address;
x Participating Entity C ity;
x Participating Entity State/Province;
x Participating Entity Zip/Postal C ode;
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x Participating Entity C ontact N am e;
x Participating Entity C ontact Em ail Address;
x Participating Entity C ontact Telephone N um ber;
x Sourcew ell Assigned Entity/Participating Entity N um ber; x Item Purchased Description;
x Item Purchased Price;
x Sourcew ell Adm inistrative Fee Applied; and
x Date Purchase w as invoiced/sale w as recognized as revenue by Supplier.
B.ADM IN ISTRATIVE FEE. In consideration for the support and services provided by Sourcew ell, the Supplier w ill pay an adm inistrative fee to Sourcew ell on all Equipm ent, Products, and Services provided to Participating Entities. The Adm inistrative Fee m ust be included in, and not added to, the pricing. Supplier m ay not charge Participating Entities m ore than the contracted price to offset the Adm inistrative Fee.
The Supplier w ill subm it paym ent to Sourcew ell for the percentage of adm inistrative fee stated in the Proposal m ultiplied by the total sales of all Equipm ent, Products, and Services purchased by Participating Entities under this C ontract during each calendar quarter. Paym ents should note the Supplier’s nam e and Sourcew ell-assigned contract num ber in the m em o; and m ust be m ailed to the address above “Attn: Accounts Receivable” or rem itted electronically to Sourcew ell’s banking institution per Sourcew ell’s Finance departm ent instructions. Paym ents m ust be received no later than 45 calendar days after the end of each calendar quarter.
Supplier agrees to cooperate w ith Sourcew ell in auditing transactions under this C ontract to ensure that the adm inistrative fee is paid on all item s purchased under this C ontract.
In the event the Supplier is delinquent in any undisputed adm inistrative fees, Sourcew ell reserves the right to cancel this C ontract and reject any proposal subm itted by the Supplier in any subsequent solicitation. In the event this C ontract is cancelled by either party prior to the C ontract’s expiration date, the adm inistrative fee paym ent w ill be due no m ore than 30 days from the cancellation date.
9. AU TH O RIZED REPRESEN TATIVE
Sourcew ell's Authorized Representative is its C hief Procurem ent Officer.
Supplier’s Authorized Representative is the person nam ed in the Supplier’s Proposal. If Supplier’s Authorized Representative changes at any tim e during this C ontract, Supplier m ust prom ptly notify Sourcew ell in w riting.
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10.AU D IT, ASSIG N M EN T, AM EN D M EN TS, W AIVER, AN D CO N TRACT CO M PLETE A. AU DIT. Pursuant to M innesota Statutes Section 16C .05, subdivision 5, the books, records, docum ents, and accounting procedures and practices relevant to this C ontract are subject to exam ination by Sourcew ell or the M innesota State Auditor for a m inim um of six years from the end of this C ontract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this C ontract.
B. ASSIGN M EN T. N either party m ay assign or otherw ise transfer its rights or obligations under this C ontract w ithout the prior w ritten consent of the other party and a fully executed assignm ent agreem ent. Such consent w ill not be unreasonably w ithheld. Any prohibited assignm ent w ill be invalid. Provided, how ever, that Supplier is perm itted to subcontract certain of its rights and obligations to Supplier Participating Dealers for perform ance w ithout Sourcew ell’s prior w ritten consent.
C. AM EN DM EN TS. Any am endm ent to this C ontract m ust be in w riting and w ill not be effective until it has been duly executed by the parties.
D. W AIVER. Failure by either party to take action or assert any right under this C ontract w ill not be deem ed a w aiver of such right in the event of the continuation or repetition of the circum stances giving rise to such right. Any such w aiver m ust be in w riting and signed by the parties.
E. C ON TRAC T C OM PLETE. This C ontract represents the com plete agreem ent betw een the parties. N o other understanding regarding this C ontract, w hether w ritten or oral, m ay be used to bind either party. For any conflict betw een the attached Proposal and the term s set out in Articles 1-22 of this C ontract, the term s of Articles 1-22 w ill govern.
F. RELATION SHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgm ent and discretion w ith regard to the conduct of their respective businesses. This C ontract does not create a partnership, joint venture, or any other relationship such as m aster-servant, or principal-agent.
11.IN D EM N ITY AN D H O LD H ARM LESS
Intentionally om itted.
12.G O VERN M EN T D ATA PRACTICES
Supplier and Sourcew ell m ust com ply w ith the M innesota Governm ent Data Practices Act, Minnesota Statutes C hapter 13, as it applies to all data provided by or provided to Sourcew ell
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under this C ontract and as it applies to all data created, collected, received, m aintained, or dissem inated by the Supplier under this C ontract.
13.IN TELLECTU AL PRO PERTY, PU BLICITY, M ARKETIN G , AN D EN D O RSEM EN T A. Intentionally Deleted.
B. PU BLIC ITY. Any publicity regarding the subject m atter of this C ontract m ust not be released without prior w ritten approval from the Authorized Representatives. Publicity includes notices, inform ational pam phlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly w ith others, or any subcontractors, with respect to the program , publications, or services provided resulting from this C ontract.
C. M ARKETIN G. Any direct advertising, m arketing, or offers w ith Participating Entities m ust be approved by Sourcew ell. Send all approval requests to the Sourcew ell Supplier Developm ent Adm inistrator assigned to this C ontract.
D. EN DORSEM EN T. The Supplier m ust not claim that Sourcew ell endorses its Equipm ent, Products, or Services.
14.G O VERN IN G LAW , JU RISD ICTIO N , AN D VEN U E
The substantive and procedural law s of the State of M innesota w ill govern this C ontract. Venue for all legal proceedings arising out of this C ontract, or its breach, m ust be in the appropriate state court in Todd C ounty, Minnesota or federal court in Fergus Falls, Minnesota.
15.FO RCE M AJEU RE
Neither party to this C ontract w ill be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision m ust provide the other party prom pt w ritten notice of the default.
16.SEVERABILITY
If any provision of this C ontract is found by a court of com petent jurisdiction to be illegal, unenforceable, or void then both parties w ill be relieved from all obligations arising from that provision. If the rem ainder of this C ontract is capable of being perform ed, it w ill not be affected by such determ ination or finding and m ust be fully perform ed.
17.PERFO RM AN CE, D EFAU LT, AN D REM ED IES
A. PERFORM AN C E. During the term of this C ontract, the parties w ill monitor perform ance and address unresolved contract issues as follow s:
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1. Notification. The parties m ust prom ptly notify each other of any know n dispute and w ork in good faith to resolve such dispute w ithin a reasonable period of tim e. If necessary, Sourcew ell and the Supplier w ill jointly develop a short briefing docum ent that describes the issue(s), relevant im pact, and positions of both parties.
2. Escalation. If parties are unable to resolve the issue in a tim ely m anner, as specified above, either Sourcew ell or Supplier m ay escalate the resolution of the issue to a higher level of m anagem ent. The Supplier w ill have 30 calendar days to cure an outstanding issue.
3. Performance while Dispute is Pending. N otw ithstanding the existence of a dispute, the Supplier m ust continue w ithout delay to carry out all of its responsibilities under the C ontract that are not affected by the dispute. If the Supplier fails to continue w ithout delay to perform its responsibilities under the C ontract, in the accom plishm ent of all undisputed w ork, the Supplier w ill bear any additional costs incurred by Sourcew ell and/or its Participating Entities as a result of such failure to proceed.
B. DEFAU LT AN D REM EDIES. Either of the follow ing constitutes cause to declare this C ontract, or any Participating Entity order under this C ontract, in default:
1. N onperform ance of contractual requirem ents, or
2. A m aterial breach of any term or condition of this C ontract.
The party claiming default m ust provide w ritten notice of the default, with 30 calendar days to cure the default. Tim e allow ed for cure w ill not diminish or eliminate any liability for liquidated or other dam ages. If the default rem ains after the opportunity for cure, the non-defaulting party m ay:
x Exercise any rem edy provided by law or equity, or
x Term inate the C ontract or any portion thereof, including any orders issued against the C ontract.
18.IN SU RAN CE
A. REQ U IREM EN TS. At its ow n expense, Supplier m ust m aintain insurance policy(ies) in effect at all tim es during the perform ance of this C ontract w ith insurance com pany(ies) licensed or authorized to do business in the State of M innesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the follow ing:
1. Workers’ Compensation and Employer’s Liability.
W orkers’ C om pensation: As required by any applicable law or regulation.
Em ployer's Liability Insurance: m ust be provided in am ounts not less than listed below :
Minim um limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each em ployee for bodily injury by disease
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2. Commercial General Liability Insurance. Supplier w ill m aintain insurance covering its operations, with coverage on an occurrence basis, and m ust be subject to term s no less broad than the Insurance Services Office (“ISO”) C om m ercial General Liability Form C G0001 (2001 or new er edition), or equivalent. At a m inim um , coverage m ust include liability arising from prem ises, operations, bodily injury and property dam age, independent contractors, products-com pleted operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, term s and conditions of coverage m ust be m aintained during the term of this C ontract.
Minim um Limits:
$1,000,000 each occurrence Bodily Injury and Property Dam age $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for products liability-com pleted operations $2,000,000 general aggregate
3. Commercial Automobile Liability Insurance. During the term of this C ontract, Supplier w ill m aintain insurance covering all ow ned, hired, and non-ow ned autom obiles in limits of liability not less than indicated below . The coverage m ust be subject to term s no less broad than ISO Business Auto C overage Form C A 0001 (2010 edition or new er), or equivalent.
Minim um Limits:
$1,000,000 each accident, com bined single limit
4. Umbrella Insurance. During the term of this C ontract, Supplier w ill m aintain um brella coverage over Em ployer’s Liability, C om m ercial General Liability, and C om m ercial Autom obile.
Minim um Limits:
$2,000,000
Failure of Supplier to m aintain the required insurance w ill constitute a m aterial breach entitling Sourcew ell to im m ediately term inate this C ontract for default.
B. C ERTIFIC ATES OF IN SU RAN C E. Prior to com m encing under this C ontract, Supplier m ust furnish to Sourcew ell a certificate of insurance, as evidence of the insurance required under this C ontract. Prior to expiration of the policy(ies), renew al certificates m ust be m ailed to Sourcew ell, 202 12th Street N ortheast, P.O. Box 219, Staples, M N 56479 orsent to the Sourcew ell Supplier Developm ent Adm inistrator assigned to this C ontract. The certificates m ust be signed by a person authorized by the insurer(s) to bind coverage on their behalf.
Failure to request certificates of insurance by Sourcew ell, or failure of Supplier to provide certificates of insurance, in no w ay limits or relieves Supplier of its duties and responsibilities in this C ontract.
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C. ADDITION AL IN SU RED EN DORSEM EN T AN D PRIM ARY AN D N ON -C ON TRIBU TORY IN SU RAN C E C LAU SE. Supplier agrees to list Sourcew ell and its Participating Entities, including their officers, agents, and em ployees, as an additional insured under the Supplier’s com m ercial general liability insurance policy w ith respect to liability arising out of activities, “operations,” or “w ork” perform ed by or on behalf of Supplier, and products and com pleted operations of Supplier. The policy provision(s) or endorsem ent(s) m ust further provide that coverage is prim ary and not excess over or contributory w ith any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds. A Participating Dealer m ay nam e a Participating Entity as an additional insured on a case-by-case basis.
W AIVER OF SU BROGATION . Supplier w aives and m ust require (by endorsem ent or otherw ise) all its insurers to w aive subrogation rights against Sourcew ell and other additional insureds for losses paid under the insurance policies required by this C ontract or other insurance applicable to the Supplier or its subcontractors. The w aiver m ust apply to all deductibles and/or selfinsured retentions applicable to the required or any other insurance m aintained by the Supplier or its subcontractors.
D. U M BRELLA/EXC ESS LIABILITY/SELF-IN SU RED RETEN TION . The limits required by this C ontract can be m et by either providing a prim ary policy or in com bination w ith um brella/excess liability policy(ies), or self-insured retention.
19.CO M PLIAN CE
A. LAW S AN D REGU LATION S. All Equipm ent, Products, or Services provided under this C ontract m ust com ply fully w ith applicable federal law s and regulations, and w ith the law s in the states and provinces in w hich the Equipm ent, Products, or Services are sold.
B. LIC EN SES. Supplier’s Participating Dealers m ust m aintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and perm its required for the operation of the business that the Participating Dealer conducts w ith Sourcew ell and Participating Entities.
20.BAN KRU PTCY, D EBARM EN T, O R SU SPEN SIO N CERTIFICATIO N Supplier certifies and w arrants that it is not in bankruptcy or that it has previously disclosed in w riting certain inform ation to Sourcew ell related to bankruptcy actions. If at any tim e during this C ontract Supplier declares bankruptcy, Supplier m ust im m ediately notify Sourcew ell in w riting.
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Supplier certifies and w arrants that neither it nor its principals are presently debarred, suspended, proposed for debarm ent, declared ineligible, or voluntarily excluded from program s operated by the State of M innesota; the U nited States federal governm ent or the C anadian governm ent, as applicable; or any Participating Entity. Supplier certifies and w arrants that neither it nor its principals have been convicted of a criminal offense related to the subject m atter of this C ontract. Supplier further w arrants that it w ill provide im m ediate w ritten notice to Sourcew ell if this certification changes at any tim e.
21.PRO VISIO N S FO R N O N -U N ITED STATES FED ERAL EN TITY PRO CU REM EN TS U N D ER
U N ITED STATES FED ERAL AW ARD S O R O TH ER AW ARD S
Intentionally om itted.
22.CAN CELLATIO N
Sourcew ell or Supplier m ay cancel this C ontract at any tim e, with or w ithout cause, upon 60 days’ w ritten notice to the other party. How ever, Sourcew ell m ay cancel this C ontract im m ediately upon discovery of a m aterial defect in any certification m ade in Supplier’s Proposal. C ancellation of this C ontract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.
Sourcew ell Caterpillar Inc.
By: __________________________ By: __________________________ Jerem y Schw artz Patrick Kearns
Title: C hief Procurem ent Officer Title: Vice President Sales & M arketing, C onstruction Industries
Date: ________________________ Date: ________________________ Approved:
By: __________________________
C had C oauette
Title: Executive Director/C EO
Date: ________________________
Redlands Regular Meeting of 09-03-24 1600 of 1977
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Redlands Regular Meeting of 09-03-24 1619 of 1977
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Bid Number: RFP 011723 Vendor Name: Caterpillar Inc
Redlands Regular Meeting of 09-03-24 1620 of 1977
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Bid Number: RFP 011723 Vendor Name: Caterpillar Inc
Redlands Regular Meeting of 09-03-24 1621 of 1977
Bid Number: RFP 011723 Vendor Name: Caterpillar Inc
Table 148: Depth and 8readth of Offered Equipment Products and Services Indicate below if the listed types or classes of equipment, products, and services are offered within your proposal. Provide additional comments in the text box provided, as necessary.
Line Item Categor\ or T\pe Offered Comments
71 Wheeled, tracked, and backhoe loaders Yes
No
Manufactured by Caterpillar. Offerings
listed in applicable pricing attachment
section.
7 Motor Graders Yes
No
Manufactured by Caterpillar. Offerings
listed in applicable pricing attachment
section.
73 Wheeled and tracked excavators Yes
No
Manufactured by Caterpillar. Offerings
listed in applicable pricing attachment
section.
74 Bulldozers, compactors, scapers, articulated and
rigid haulers
Yes
No
Manufactured by Caterpillar. Offerings
listed in applicable pricing attachment
section.
75 Cranes Yes
No
NIA
76 Accessories or attachments for the offering in #71-
75 above
Yes
No
Manufactured by Caterpillar. Offerings
listed in applicable pricing attachment
section.
77 Technology or services for the offering in #71-75
above
Yes
No
Manufactured or offered by Caterpillar.
Offerings listed in applicable pricing
attachment section.
Table 14C: Required Offering of Equipment
Indicate below if the proposer's proposal includes at least one (1) of the following listed types or classes of equipment. Provide additional comments in the text box provided, as necessary.
Line Item Categor\ or T\pe Offered Comments
78 Wheel loader with published net horsepower (HP)
of at least 300 HP
Yes
No
Manufactured by Caterpillar. Offerings
listed in applicable pricing attachment
section.
79 Wheeled or tracked excavator with a published net
horsepower (HP) of at least 150 HP
Yes
No
Manufactured by Caterpillar. Offerings
listed in applicable pricing attachment
section.
80 Motor Grader with a published maximum operating
weight of at least 30,000 lbs.
Yes
No
Manufactured by Caterpillar. Offerings
listed in applicable pricing attachment
section.
81 Rough terrain, all terrain, crawler, floating, lattice, or telescopic crane with a published maximum lifting
capacity of at least 300 tons and a published
maximum boom length of at least 150 feet
Yes
No
NIA
Exceptions to Terms, Conditions, or Specifications Form Only those Proposer Exceptions to Term s, C onditions, or Specifications that have been accepted by Sourcew ell have been incorporated into the contract text.
Redlands Regular Meeting of 09-03-24 1622 of 1977
Bid Number: RFP 011723 Vendor Name: Caterpillar Inc
Documents
Ensure your submission document(s) conforms to the following:
1. Documents in PDF format are preferred. Documents in Word, Excel, or compatible formats may also be provided.
2. Documents should NOT have a security password, as Sourcewell may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by Sourcewell.
3. Sourcewell may reject any response where any document(s) cannot be opened and viewed by Sourcewell.
4. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as "Marketing Plan." Pricing - Machine Pricing.zip - Tuesday January 17, 2023 15:29:45 Financial Strength and Stability - Fin Strength and Stability.zip - Tuesday January 17, 2023 10:31:16 Marketing PlanISamples - Marketing Plan.pdf - Tuesday January 17, 2023 14:53:49 WMBEIMBEISBE or Related Certificates (optional)
Warranty Information - Warranty Combined.pdf - Monday January 16, 2023 10:36:31 Standard Transaction Document Samples (optional)
Upload Additional Document - Additional Documents.zip - Tuesday January 17, 2023 16:05:29
Redlands Regular Meeting of 09-03-24 1623 of 1977
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Redlands Regular Meeting of 09-03-24 1624 of 1977
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Bid Number: RFP 011723 Vendor Name: Caterpillar Inc
Redlands Regular Meeting of 09-03-24 1625 of 1977
TM-20-01077
SO U RCEW ELL TRAD EM ARK LICEN SE AD D EN D U M
This Addendum is by and betw een SO U RCEW ELL, 202 – 12th Street N E, PO Box 219, Staples, M innesota 56479 (“Sourcew ell”) and Caterpillar Inc., having its principal place of business at 5212 N . O’C onnor Blvd., Suite 1100, Irving, TX 75039, and offices at 100 N E Adam s Street, Peoria, Illinois, 61629 (“C aterpillar” or “Vendor”). Sourcew ell and C aterpillar m ay be referred to in this Agreem ent as a “Party” and collectively as the “Parties.”
The Parties m aintain a contractual relationship for Vendor to provide equipm ent, products, or services to Sourcew ell’s cooperative purchasing contracts as follow s:
Sourcew ell Contract 011723 – CAT (Solicitation N um ber: 011723) Sourcew ell and Vendor each ow n all right, title, and interest in their respective nam es, tradem arks, service m arks, related logos, and all other rights in the nam es, designs, likenesses and visual representations thereof (“Licensed Tradem arks”), and desire to grant each other a royalty-free license to use certain Licensed Tradem arks ow ned by the other Party under the term s and conditions set forth herein.
ARTICLE I: G RAN T O F LICEN SE
A. GRAN T OF LIC EN SE. During the term of the C ontract:
1. Sourcew ell grants to Vendor a royalty-free, w orldw ide, non-exclusive right and license to use Sourcew ell’s Licensed Tradem arks provided to Vendor by Sourcew ell in advertising and prom otional m aterials for the purpose of m arketing Sourcew ell’s relationship w ith Vendor.
2. Vendor grants to Sourcew ell a royalty-free, w orldw ide (except for those jurisdictions that are prohibited by applicable Anti-C orruption and International Trade Law s), non-exclusive right and license to use Vendor’s Licensed Tradem arks provided to Sourcew ell by Vendor in advertising and prom otional m aterials for the purpose of m arketing Vendor’s relationship w ith Sourcew ell. “Anti-C orruption and International Trade Law s” m eans all statutes, regulations, rules, executive orders, supervisory requirem ents, directives, ordinances, circulars, opinions, interpretive letters, and official releases of or by any governm ent, or any authority, departm ent or agency thereof or selfregulatory organization related to bribery, fraud, corruption, or international trade.
3. The Parties agree that each is the ow ner of all rights, including w ithout limitation com m on law rights and goodw ill, in relation to their respective Licensed Tradem arks, and that any goodw ill derived from the use of Licensed Tradem arks by the other Party shall inure to the ow ner of the respective Licensed Tradem arks.
B. LIM ITED RIGHT OF SU BLIC EN SE. The rights and licenses granted herein includes a limited right of each Party to grant sublicenses to its and their respective distributors, m arketing representatives, and agents (collectively “Perm itted Sublicensees”) in advertising and prom otional m aterials for the purpose of m arketing the C ontract. Any sublicense granted w ill be subject to the term s and conditions of this Addendum . Each Party w ill be responsible for any breach of this Article by any of their respective sublicensees.
Redlands Regular Meeting of 09-03-24 1626 of 1977
TM-20-01077
C. U SE; Q U ALITY C ON TROL.
1. N either Party m ay alter the other Party’s Licensed Tradem arks from the form provided by the other Party and m ust com ply w ith the other Party’s rem oval requests as to specific uses of its Licensed Tradem arks.
2. Each Party agrees to use, and to cause its Perm itted Sublicensees to use, the other Party’s Licensed Tradem arks only in good faith and in a dignified m anner consistent w ith such Party’s use of the Licensed Tradem arks. U pon w ritten notice to the breaching Party, the breaching Party or their Perm itted Sublicensees have thirty (30) days of the date of the w ritten notice to cure the breach or the license w ill be term inated.
3. Beyond w hat is perm itted in this Addendum , neither Party w ill:
a. attem pt to register, or register any tradem ark, service m ark, sym bol, logo, get-up or device w hich is confusingly similar to any of the other Party’s Licensed Tradem arks in any jurisdiction;
b. represent that it has any rights of any nature in the Licensed Tradem arks other than those enjoyed under the term s of this Agreem ent;
c. use the other Party’s tradem arks, service m arks or copyrights, translations thereof or m arks similar thereto, as part of its corporate nam e, trade nam e or a d/b/a nam e, favicons, social m edia nam es/handles, em ail addresses, em ail extensions, or dom ain nam es w ithout prior w ritten approval from the other Party; or d. use the other Party’s trade nam es, tradem arks, or service m arks on any collateral business m aterials (e.g., business cards, letterhead, invoices, pens, notepads, fax cover sheets, etc.), unless otherw ise approved in w riting by the other Party.
ARTICLE II: TERM , TERM IN ATIO N , AN D M ISCELLAN EO U S.
A. EFFEC TIVE DATE. This Addendum is effective upon the date of the final signature below .
B. TERM IN ATION . U nless earlier term inated in accordance w ith this Article, this Addendum expires im m ediately upon the expiration or term ination of the C ontract.
1. Termination for Convenience. This Addendum m ay be term inated by either Party at any tim e upon ninety (90) days’ prior w ritten notice to the other Party.
2. Termination for Breach. This Addendum m ay be term inated by either Party upon a breach of the term s of this Addendum by the other Party, upon w ritten notice of breach to the breaching Party, and only if such breach is not cured w ithin thirty (30) days of the date of the w ritten notice.
3. Effect of Termination. U pon the term ination of this Addendum for any reason, each Party w ill have thirty (30) days to, and require its Perm itted Sublicensees to, rem ove all Licensed Tradem arks from signage, w ebsites, and the like bearing the other Party’s nam e or logo
Redlands Regular Meeting of 09-03-24 1627 of 1977
TM-20-01077
(excepting Sourcew ell’s pre-printed catalog of vendors w hich m ay be used until the next printing). Vendor m ust return all m arketing and prom otional m aterials, including signage, provided by Sourcew ell, or dispose of it according to Sourcew ell’s w ritten directions.
4. Miscellaneous. The term s and conditions of this Addendum shall have no effect on the term s and conditions of any other tradem ark licenses signed by the Parties.
All other term s of the C ontract rem ain in full force and effect, unless otherw ise term inated.
SOU RC EW ELL
By: _________________
N am e:
Title:
Date:
C aterpillar Inc.
By: _________________
N am e:
Title:
Date:
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Redlands Regular Meeting of 09-03-24 1628 of 1977
2024 Sourcewell Caterpillar Cooperative Contract Discounts by Model Machine Model* New
Equipment
2024 Discount to Customer
(Off List Price)
Track Type Tractors Note
D1 23.00%
D1 Fire Dozer 23.00%
D2 23.00%
D2 Fire Dozer 23.00%
D3 23.00%
D3 Fire Dozer 23.00%
D4 23.00%
D5 23.00%
D5 Fire Dozer 23.00%
D6 23.00%
D7 19.00%
D8 19.00%
D9 One Time Only
D10 One Time Only
Wheeled Excavators
M314 26.00%
M315 26.00%
M316 26.00%
M317 26.00%
M318 26.00%
M320 26.00%
M322 26.00%
Material Handlers
MH3022 26.00%
MH3024 26.00%
MH3026 26.00%
MH3040 26.00%
MH3050 26.00%
MH3250 26.00%
MH3260 26.00%
Telehandlers
TH255 23.00%
TH408 24.00%
TL642 24.00%
TL943 24.00%
TL1055 24.00%
TL1255 24.00%
Motor Graders
120 34.00%
120GC 34.00%
140 30.00%
140GC 30.00%
150 30.00%
160 30.00%
14 19.00%
Skid Steer Loaders
226 21.00%
232 21.00%
236 21.00%
242 21.00%
246 21.00%
262 21.00%
272 21.00%
Compact Track Loaders
239 21.00%
249 21.00%
255 21.00%
259 21.00%
265 21.00%
279 21.00%
289 21.00%
299 21.00%
299XE Land Management 21.00%
Excavators
300.9 20.00%
301.5 20.00%
301.7 20.00%
301.8 20.00%
301.9 20.00%
302 20.00%
302.7 20.00%
303 20.00%
303.5 20.00%
304 20.00%
305 20.00%
306 20.00%
307.5 20.00%
308 20.00%
309 20.00%
310 20.00%
313 15.00%
313GC 16.00%
315 19.00%
315GC 20.00%
317 19.00%
317GC 20.00%
320 15.00%
320GC 16.00%
323 15.00%
325 15.00%
326 15.00%
330 15.00%
330GC 16.00%
335 15.00%
336 15.00%
340 16.00%
350 10.00%
352 10.00%
374 10.00%
395 10.00%
Non-Attached CAT OEM Work Tools are attachments sold on a standalone order without a machine purchase Parts and Service is offered by the servicing dealer at local rates Base machines must be properly configured with other mandatory and optional items from the price list before they are considered operational.
All new machines are subject to a commodity surcharge of up to 20% (In some cases, increased tire costs may cause this number to be greater) All new attachments (CAT work tools) are subject to a commodity surcharge of up to 25% Dealer costs (example: pre delivery inspection, assembly, freight to final location, etc.) are not subject to list discount Attachments (CAT work tools) purchased with new machine on same invoice are subject to same list discount as machine 1 of 2 #Caterpillar: Confidential Green
Redlands Regular Meeting of 09-03-24 1629 of 1977
Machine Model* New
Equipment
2024 Discount to Customer
(Off List Price)
Forest Machines
538 15.00%
548 15.00%
558 15.00%
568 15.00%
Backhoe Loaders
415 22.00%
416 22.00%
420 22.00%
428 Side Shift 22.00%
430 22.00%
432 Side Shift 22.00%
434 Side Shift 22.00%
440 22.00%
450 22.00%
Wheel Tractor Scrapers
621 18.00%
623 18.00%
627 18.00%
631 18.00%
637 18.00%
651 18.00%
657 18.00%
Articulated Trucks
725 17.00%
730 17.00%
735 17.00%
740GC 17.00%
745 17.00%
Rigid Frame Trucks
770 3.00%
773 3.00%
775 3.00%
Landfill Compactors
816 12.00%
826 12.00%
836 12.00%
Wheel Dozers and Soil Compactors
814 15.00%
815 13.00%
824 15.00%
825 13.00%
834 One Time Only
Wheel Loaders
903 23.00%
906 23.00%
907 23.00%
908 23.00%
910 23.00%
914 23.00%
920 24.00%
926 24.00%
930 24.00%
938 24.00%
950GC 20.00%
950 18.00%
962 18.00%
966GC 20.00%
966 15.00%
972 11.00%
980 11.00%
982 11.00%
988 11.00%
988GC 11.00%
Track Loaders
953 19.00%
963 22.00%
973 23.00%
Non-Attached CAT OEM Worktools 15.00%
Parts & Service N/A
Technology Solutions N/A
Caterpillar Safety Services 15.00%
Job Site Solutions N/A
2 of 2
#Caterpillar: Confidential Green
Redlands Regular Meeting of 09-03-24 1630 of 1977
City Council Meeting K. 5.
DATE: 09/03/2024
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of the purchase order with Western Waterworks for $541,000 for materials and supplies used by the Water Utility and the Wastewater Treatment Plant and determine that this action is exempt from environmental review pursuant to Section 15061(b)(3) 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 motion is provided:
I move that City Council determine that approval of the purchase order with Western Waterworks is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act.
1. I further move that City Council approve the purchase order with Western Waterworks for $541,000 for materials and supplies used by the Water Utility and the Wastewater Treatment Plant.
2. RECOMMENDATION:
Staff recommends that City Council determine that approval of the purchase order with Western Waterworks is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act. Staff further recommends City Council approval of the purchase order with Western Waterworks for $541,000 for materials and supplies used by the Water Utility and the Wastewater Treatment Plant.
DISCUSSION:
Redlands Regular Meeting of 09-03-24 1631 of 1977
In accordance with the City's purchasing policy, MUED staff issued a bid notice on March 23, 2023, for materials and supplies used by the Water Utility and Wastewater Treatment Plant. On April 6, 2023, The City Clerk's office received bids from the following vendors:
Western Waterworks $340,891.81 All Line Items Bid
Ferguson $330,017.70 Not All Line Items Bid
S & J Supply $385,525.20 All Line Items Bid
Core & Main $480,061.62 All Line Items Bid
The lowest apparent bidder, Ferguson, failed to submit unit prices for all bid items and their bid was determined to be non-responsive. Western Waterworks submitted the lowest responsive and responsible bid for the solicitation. The solicitation included an optional one (1) year extension at the same unit prices.
Western Waterworks agreed to honor their bid prices through the extension period. The total bid amount is the sum of all individual product unit prices. Staff recommends City Council approval of a FY 24/25 purchase order with Western Waterworks for $541,000, which is the estimated expenditure for various product needs throughout the year.
Approval of this purchase order is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act, since it can be seen with certainty that there is no possibility that it will have a significant effect on the environment.
ALTERNATIVES:
City Council may deny the staff recommendation and provide alternate direction.
STRATEGIC PLAN:
N/A
SUBMITTED BY:
John R. Harris, Municipal Utilities and Engineering Director RECOMMENDED BY:
Charles M. Duggan Jr., City Manager
REVIEWED BY:
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
PREPARED BY:
Ashley Rosario, Senior Administrative Assistant
Redlands Regular Meeting of 09-03-24 1632 of 1977
Fiscal Impact
Fiscal Year: FY 24/25
Revenue Generating: N
Appropriation Required Y/N: N
Amount: $521,000
Budgeted Y/N: Y
Account No.: 501900
Discussion:
There is no fiscal impact associated with this action. The FY 24/25 Water Service budget includes funding for these purchases.
Fiscal Year: FY 24/25
Revenue Generating: N
Appropriation Required Y/N: N
Amount: $20,000
Budgeted Y/N: Y
Account No.: 521900
Discussion:
There is no fiscal impact associated with this action. The FY 24/25 Wastewater Service budget includes funding for these purchases.
Attachments
RFB Western Waterworks
Bid Report & Bid Analysis
Extension Letter
Redlands Regular Meeting of 09-03-24 1633 of 1977
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BID NO. 20230323-AC BID D ATE: 4/6/2023
AnnualP W ater D istribution Parts and M aterials FISCAL YEAR: 2023/2024 U nit Price Extended Price U nit Price Extended
Price U nit Price Extended Price U nit Price Extended Price 1 JON ES ON LY B13-444W -HB-34S SERVIC E LIN E VLV 1 BALL M TR VLV FIP W /SHORT HDL POIN TED TO M TR EA 100 $137.59 $13,759.00 $127.70 $12,770.00 $126.46 $12,646.00 $131.79 $13,179.00 2 JON ES ON LY FB500-4 SERVIC E LIN E VLV 1 BALLC ORP MIP X MIP EA 25 $83.02 $2,075.50 $77.80 $1,945.00 75.463 $1,886.58 $78.64 $1,966.00 3 JON ES ON LY KV43-444W SERVIC E LIN E VLV 1 AN GLE M TR VLV PJ C TS EA 50 $71.62 $3,581.00 $145.10 $7,255.00 140.776 $7,038.80 $67.84 $3,392.00 4 JON ES PJ-E-2609 SERVIC E LIN E FITTIN G 1" C orp IP x C TS EA 50 $36.39 $1,819.50 $25.10 $1,255.00 76.052 $3,802.60 $63.09 $3,154.50 5 JON ES ON LY C 44-44 SERVIC E LIN E FITTIN G 1 C PLG PJ C TS EA 50 $26.82 $1,341.00 $25.10 $1,255.00 24.396 $1,218.45 $25.40 $1,270.00 6 JON ES PJ-E-1975 SERVIC E LIN E FITTIN G 1 1/2" AM S EA 5 $322.95 $1,614.75 $302.70 $1,513.50 298.537 $1,492.69 $305.95 $1,529.75 7 JON ES PJ-E-682556 SERVIC E LIN E FITTIN G 11/4" C TS nut EA 10 $17.72 $177.20 $16.30 $163.00 15.215 $152.15 $15.85 $158.50 8 JON ES SHAN K-E2639 SERVIC E LIN E FITTIN G 1"Poly shank to C TS EA 30 $55.37 $1,661.10 N O BID N O BID 49.215 $1,476.45 $51.28 $1,538.40 9 M U ELLER GVFM -06 GATE VLV 6 FLGXM J RW GATE VLV OLN DZ STEM 316 B/N EA 3 $862.78 $2,588.34 $851.10 $2,553.30 784.338 $2,353.01 $777.50 $2,332.50 10 M U ELLER PBVF04EBU TTERFLY VLV 4 LSXPII FLG BU TTERFLYVLV OL BSN 250B/125F EA 5 $1,061.12 $5,305.60 $1,110.40 $5,552.00 964.646 $4,823.23 $956.00 $4,780.00 11 JON ES J344HP HYD 4X2-1/2 BRZ AN GLE FIREVLV PL C AP 1-1/8 PENT EA 3 $846.60 $2,539.80 $809.70 $2,429.10 752.525 $2,257.58 $746.00 $2,238.00 12 JON ES J4060-8HHYD 6X4X(2)2-1/2 DI HYD 8HDI C APS 1-1/8 PENT EA 12 $3,566.67 $42,800.04 $3,414.80 $40,977.60 3242.424 $38,909.09 $3,211.00 $38,532.00 13 GEN ERIC HE-606-8 HYD APPU RTAN EN C E 6X6 8H HYD EXT GROOVED EA 5 $136.59 $682.95 $149.30 $746.50 129.968 $649.84 $118.27 $591.35 14 GEN ERIC 6FF40 SPOOL 6 FLG X 4'-0"SPOOL EA 5 $562.93 $2,814.65 $760.80 $3,804.00 600.684 $3,003.42 $587.11 $2,935.55 15 STAR M 45-16 M J FITTIN G 16 DI C 153 M J 45 EA 4 $526.05 $2,104.20 $527.20 $2,108.80 498.357 $1,993.43 $497.89 $1,991.56 16 STAR M 90-06 M J FITTIN G 6 DI C 153 M J 90 EA 5 $108.00 $540.00 $105.80 $529.00 100.042 $500.21 $100.04 $500.20 17 STAR M FA-06 M J FITTIN G 6 DI C 153 MJXFLG ADAPTER EA 5 $86.50 $432.50 $84.70 $423.50 80.126 $400.63 $80.13 $400.65 18 STAR M FA-16 M J FITTIN G 16 DI C 153 MJXFLGADAPTER EA 4 $511.38 $2,045.52 $512.50 $2,050.00 484.463 $1,937.85 $484.46 $1,937.84 19 STAR M S-1615 M J FITTIN G 16X15 DI C 153 M J SOLIDSLV TC EA 4 $473.74 $1,894.96 $474.80 $1,899.20 $448.80 $1,795.20 $448.80 $1,795.20 20 STAR BF-06 FLG FITTIN G 6 DI BLIN D FLG EA 4 $89.58 $358.32 $83.70 $334.80 $79.20 $316.80 $79.20 $316.80 21 STAR BF-08 FLG FITTIN G 8 DI BLIN D FLG EA 4 $149.81 $599.24 $140.10 $560.40 132.463 $529.85 $132.46 $529.84 22 JON ESPJ-E-2609 SERVIC E LIN E FITTIN G 1 1/2" COUPLIN G C TS EA 6 $96.65 $579.90 $88.50 $531.00 85.913 $515.48 $89.53 $537.18 23 JON ESPJ-E-2611 SERVIC E LIN E FITTIN G 1 1/2" 90 COUPLIN G C TS EA 8 $134.68 $1,077.44 $117.30 $938.40 119.705 $957.64 $124.75 $998.00 24 JON ESPJ-E-1935 SERVIC E LIN E FITTIN G 1 1/2" C orp x C TS EA 8 $193.08 $1,544.65 $176.90 $1,415.20 171.623 $1,372.98 $178.85 $1,430.80 25 JON ES E-1900W SERVIC E LIN E FITTIN G 1 1/2" FIPXFIP BALL STYLE EA 8 $229.24 $1,833.92 $213.10 $1,704.80 206.753 $1,654.02 $215.46 $1,723.68 26 C LOW C LOW LBI 400 C HEC KVALVE C LOW FH C HEC KVALVE EA 6 $2,204.00 $13,224.00 $1,929.40 $11,576.40 $1,830.00 $10,980.00 $1,961.96 $11,771.76 27 JON ES 34-1033 C HEC KVALVE J6000-8H EA 6 $2,400.00 $14,400.00 $2,347.80 $14,086.80 2181.818 $13,090.91 $2,273.68 $13,642.08 28 STAR CF-04 FLG FITTIN G 4 DI C OM P FLG FOR STL EA 5 $41.47 $207.35 $37.70 $188.50 35.789 $178.95 $36.84 $184.20 29 STAR FR-0604 FLG FITTIN G 6X4 DI FLG C ON RED EA 1 $134.08 $134.08 $126.90 $126.90 119.957 $119.96 $119.96 $119.96 30 STAR FR-0804 FLG FITTIN G 8X4 DI FLG C ON RED EA 2 $200.85 $401.06 $190.10 $380.20 179.705 $359.41 $179.71 $359.42 31 STAR FT-0806 FLG FITTIN G 8X6 DI FLG TEE EA 1 $391.06 $391.06 $387.50 $387.50 366.357 $366.36 $366.36 $366.36 32 STAR FT-1208 FLG FITTIN G 12X8 DI FLG TEE EA 1 $831.06 $831.06 $823.60 $823.60 778.568 $778.57 $778.57 $778.57 33 GEN ERIC BN 10-12 BOLT/N U T/GASKET 10-12 B/N SET 150#PLATED A307 7/8X3-3/4 EA 10 $25.34 $253.40 $43.30 $433.00 28.687 $286.87 $19.31 $193.10 34 GEN ERIC BN 6-8 BOLT/N U T/GASKET 6-8 B/N SET 150#PLATED A307 3/4X3-1/4 EA 25 $12.00 $300.00 $22.10 $552.50 12.325 $308.13 $8.16 $204.00 35 GEN ERIC JM 60-06 BOLT/N U T/GASKET 6 RIN G GASKET 1/16N ON-ASBESTOS EA 50 $2.38 $119.00 $3.90 $195.00 $1.95 $97.50 $1.79 $89.50 36 US PIPE FLG-16 RESTRAIN T 16 FIELD LOK350 GASKETPO -US PIPE EA 25 $477.30 $11,932.50 N O BID N O BID 301.494 $7,537.35 $295.15 $7,378.75 37 ROM AC RGDA-06 RESTRAIN T 6 M J RESTRAINT W/AC C DIPIPE -ROM AC EA 10 $90.99 $909.90 $65.10 $651.00 74.284 $742.84 $52.85 $528.50 38 STARSGDA-06 RESTRAIN T 6 M J RESTRAINT W/AC C DIPIPE -STAR EA 10 $50.18 $501.80 $49.00 $490.00 46.473 $464.73 $46.47 $464.70 39 STARSGDA-12 RESTRAIN T 12 M J RESTRAINT W/AC C DI PIPE -STAR EA 10 $127.76 $1,277.60 $127.70 $1,277.00 121.031 $1,210.31 $121.03 $1,210.30 40 STARSGDA-16 RESTRAIN T 16 M J RESTRAINT W/AC C DI PIPE -STAR EA 10 $229.24 $2,292.40 $229.20 $2,292.00 217.168 $2,171.68 $217.17 $2,171.70 41 US PIPE/EQU AL DITP350-04 M AIN LIN E PIPE 4 C L 350 DI TJ PIPEW/GASKET FT 10 $39.10 $7,038.00 NO BID N O BID 36.231 $232.31 $36.23 $362.30 42 U S PIPE/EQ U AL DITP350-06 M AIN LIN E PIPE 6 C L 350 DI TJ PIPEW /GASKET FT 50 $26.15 $23,535.00 N O BID N O BID 24.768 $1,238.40 $24.77 $1,238.50 43 U S PIPE/EQ U AL DITP350-08 M AIN LIN E PIPE 8 C L 350 DI TJ PIPEW /GASKET FT 50 $34.43 $30,987.00 N O BID N O BID 32.621 $1,631.05 $32.62 $1,631.00 44 US PIPE/EQU AL DITP350-16 M AIN LIN E PIPE 16 C L 350 DI TJ PIPEW/GASKET FT 25 $84.46 $38,007.00 NO BID N O BID 80.094 $2,002.35 $80.09 $2,002.25 45 GEN ERIC SDR35-08 M AIN LIN E PIPE 8 SDR35 PVC GRAVITYSEW ER PIPE 20FT FT 30 $12.24 $7,344.00 NO BID N O BID $13.95 $418.50 $10.96 $328.80 46 GEN ERIC KS100-100- SERVIC E LIN E PIPE/TU BIN G 1 KSOFT COPPER TU BIN G100 FT 2300 $9.10 $20,930.00 $8.95 $20,585.00 $10.15 $23,345.00 $8.21 $18,883.00 47 GEN ERIC KS60-100- SERVIC E LIN E PIPE/TU BIN G 1 KSOFT COPPER TU BIN G60' FT 6000 $9.10 $54,600.00 $8.95 $53,700.00 $10.15 $60,900.00 $8.21 $49,260.00 48 GEN ERIC VBT-812 VLV C AN M ATERIAL 8X12 GALV VLV BOX TOP EA 10 $12.02 $120.20 $10.95 $109.50 $24.00 $240.00 $10.37 $103.70 49 GEN ERIC GL90-02 M ALLEABLE FITTIN G 2 GALV 90 EA 10 $8.60 $86.00 $21.80 $218.00 5.955 $59.55 $6.34 $63.40 50 GEN ERIC GLC -01 M ALLEABLE FITTIN G 1 GALV CAP EA 10 $1.87 $18.70 $4.70 $47.00 3.422 $34.22 $1.38 $13.80 51 GEN ERIC GLC U -02 M ALLEABLE FITTIN G 2 GALV C PLG EA 10 $6.93 $69.30 $17.60 $176.00 $8.96 $89.60 $5.11 $51.10 52 GEN ERIC BRB-01075 BRZ FITTIN G 1X3/4 BRZ BUSHIN G EA 10 $3.85 $38.50 $3.80 $38.00 3.411 $34.11 $3.06 $30.60 53 GEN ERIC BBV-200 BRZ BALL VLV 2 BRZ BALL VLV EA 10 $47.35 $473.50 $60.60 $606.00 $41.25 $412.50 $32.97 $329.70 54 GEN ERIC RW P-01 REDW OOD & STL PLUG 1 REDW OOD PLUG EA 10 $3.31 $33.10 $4.30 $43.00 $6.50 $65.00 $3.64 $36.40 55 GEN ERIC RW P-075 REDW OOD & STL PLUG 3/4 REDW OOD PLUG EA 25 $2.40 $60.00 $3.80 $95.00 $5.76 $144.00 $3.22 $80.50 56 ROM AC 511-190-5 FLEX C PLG 1-1/2 FLEX C PLG1.90 OD EA 10 $88.55 $885.50 $63.80 $638.00 $70.02 $700.20 $60.53 $605.30 57 DFW DFW 1324CH4-12- BODY M TR BOX DFW BOX EA 100 $128.65 $12,865.00 $95.60 $9,560.00 $119.68 $11,968.00 $119.17 $11,917.00 58 DFW DFW 1640C -12-BODY M TR BOX DFW BOX EA 100 $175.96 $17,596.00 $130.80 $13,080.00 162.989 $16,298.00 $162.99 $16,299.00 59 DFW DFW 1640C -4T-DEEP RED N HK LID LID DFW LID EA 100 $124.36 $12,436.00 $105.00 $10,500.00 121.588 $12,158.80 $115.19 $11,519.00 60 DFW DFW 1324CH-4T- DEEP RED N HK LID LID DFW LID EA 100 $73.53 $7,353.00 $62.10 $6,210.00 $71.88 $7,188.00 $68.11 $6,811.00 61 GEN ERIC BRN -0203 BRZ NIPPLE 2X3 BRZ N IPPLE EA 10 $14.78 $147.80 $12.70 $127.00 11.622 $116.22 $10.58 $105.80 62 GEN ERIC BRN -0204 BRZ NIPPLE 2X4 BRZ N IPPLE EA 10 $19.33 $193.30 $16.60 $166.00 15.222 $152.22 $13.83 $138.30 63 GEN ERIC PVCMJ-01 SCH80 PVC FITTIN G 1-1/4X10-3/4 SCH80 PVCM TR JU M PER SQ C UT EA 50 $5.34 $267.00 $9.20 $460.00 $6.00 $300.00 $3.36 $168.00 64 M U ELLER 212-03-0600# CATALOG ITEM 6X3 PIPE SAVER REPAIRC LAM P 6.00 OD EA 10 $23.55 $235.50 $23.00 $230.00 $30.41 $304.10 $19.41 $194.10 65 M U ELLER 212-03-0625# CATALOG ITEM 6X3 PIPE SAVER REPAIRC LAM P 6.25 OD EA 10 $23.05 $230.50 $23.00 $230.00 $33.05 $330.50 $19.41 $194.10 66 JON ES E-2611-550N # CATALOG ITEM 2 90 C PLG PJ C TS EA 12 $27.00 $324.00 $249.70 $2,996.40 242.183 $2,906.20 $252.38 $3,028.56 67 JON ES J4040-8H# CATALOG ITEM 6X4(1)2-1/2 C I HYD 8H PCAPS 1-1/2 PENT N UT EA 12 $2,611.12 $31,333.44 $2,500.00 $30,000.00 2373.737 $28,484.84 $2,351.00 $28,212.00 68 STAR M JFT1606# CATALOG ITEM 16x6 DI M JxFLG TEE EA 2 $736.76 $1,473.52 $738.40 $1,476.80 697.978 $1,395.96 $697.98 $1,395.96 69 VAL-M ATIC 1812.3# N ON STOC K 12 VAL-M ATIC GLOBE STYLESILEN T C HK VLV 150# FLG EA 1 $9,993.19 $9,993.19 $9,990.00 $9,990.00 $9,771.00 $9,771.00 $9,256.84 $9,256.84 70 GEN ERIC C M LC -31# N ON STOC K 31 7-/8 250 W ALL C M L/CAWW A PIPE EA 30 $371.96 $11,158.80 N O BID N O BID $384.78 $11,543.40 $243.02 $7,290.60 71 ARID-040-P-02LP-W S# N ON STOC K 2 ARI C OM B LOW PRESSU REAIR VLV 1.5-250 PSI EA 5 $718.55 $3,592.75 $687.30 $3,436.50 702.577 $3,512.89 $665.60 $3,328.00 72 AIR D-070-TP-02-W S# N ON STOC K 2 ARI DYN AM IC C OM B AIRVLV THREADED W /SC REEN EA 5 $984.57 $4,922.85 $941.70 $4,708.50 962.688 $4,813.44 $912.02 $4,560.10 73 JON ES E-1975W -550N # N ON STOC K 2 AN GLE BALL M TR VLV PJC TS EA 5 $411.64 $2,058.20 $385.80 $1,929.00 374.212 $1,871.06 $389.97 $1,949.85 74 JON ES E-2605-330N # N ON STOC K 1 ADAPTER MIP X PJ C TS EA 10 $24.33 $243.30 $22.30 $223.00 21.649 $216.49 $22.56 $225.60 75 JON ES E-2605-550N # N ON STOC K 2 ADAPTER MIP X PJ C TS EA 10 $98.04 $980.40 $89.80 $898.00 87.112 $871.12 $90.81 $908.10 76 JON ES E-2607-330N # N ON STOC K 1 ADAPTER FIP X PJ C TS EA 10 $31.56 $315.60 $28.90 $289.00 28.052 $280.52 $29.23 $292.30 77 JON E E-2639-4# N ON STOC K 1 ADAPTER PJ C TS X M ALEINSERT PEP EA 30 $55.37 $1,661.10 $25.30 $759.00 49.209 $1,476.27 $0.01 $0.30 78 GEN ERIC KS20-150 N ON STOC K 1 1/2" COPPER 20FT STIC K EA 480 $22.13 $10,622.40 $16.25 $7,800.00 $23.00 $11,040.00 $15.66 $7,516.80 79 GEN ERIC KS20-200 N ON STOC K 2" COPPER 20FT STIC K EA 600 $25.00 $15,000.00 $24.00 $14,400.00 $29.95 $17,970.00 $24.35 $14,610.00 80 ARI S-050-PV-34# N ON STOC K 3/4 ARI AIR RELEASE VLVW /ON E-W AY C HKVLV EA 10 $319.32 $3,193.20 $277.60 $2,776.00 283.833 $2,838.33 $268.89 $2,688.90 81 GEN ERIC VC 77-12# N ON STOC K 12 VIC TAU LIC STYLE 77C PLG STL EA 5 $791.63 $3,958.15 $540.90 $2,704.50 $1,200.00 $6,000.00 $684.21 $3,421.05 82 ARI ZZK-D040-02# N ON STOC K 2 ARI ROLLIN G SEALREPAIR KIT 3-250 PSI EA 10 $73.39 $733.90 $63.80 $638.00 65.233 $652.33 $61.80 $618.00 TO TAL SU M BID (Item 1 - 82) $480,060.99 $330,017.70 $378,384.00 $340,891.81
C ITY OF REDLAN DS
M U N IC IPAL U TILITIES AN D EN GIN EERIN G DEPARTM EN T
BID AN ALYSIS
Item
N um ber M anufacturer D escription U nit
Core and M ain Ferguson W aterw orks S & J SU PPLY CO ., IN C. W ESTERN W ATER W O RKS Part N o. Product Category Q uantity
3 Redlands Regular Meeting of 09-03-24 1648 of 1977
Redlands Regular Meeting of 09-03-24 1649 of 1977
Redlands Regular Meeting of 09-03-24 1650 of 1977
City Council Meeting K. 6.
DATE: 09/03/2024
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of a Public Works Construction Contract with G.S.E.
Construction Company, Inc. for the Wastewater Treatment Plant Primary Clarifier Upgrade Project for an amount not-to-exceed $940,720, and determination that the project is categorically exempt from environmental review pursuant to Section 15302(c) of the State's Guidelines for 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 that approval of the contract and construction of the Wastewater Treatment Plant Primary Clarifier Upgrade Project is exempt from environmental review in accordance with Section 15302(c) of the State's Guidelines implementing the California Environmental Quality Act; and
1. I move to approve the Wastewater Treatment Plant Primary Clarifier Upgrade Project plans and specifications, and award a Public Works Construction Contract to G.S.E. Construction Company, Inc. for an amount not-to-exceed $940,720.
2. RECOMMENDATION:
Staff recommends that City Council determine that approval of the contract and construction of the Wastewater Treatment Plant Primary Clarifier Upgrade Project is exempt from environmental review in accordance with Section 15302(c) of the State’s Guidelines Implementing the California Environmental Quality Act. Staff further recommends City Council approve the Wastewater Treatment Plant Primary Clarifier Upgrade Project plans and specifications, and award a Public Works Construction Contract to G.S.E. Construction Company, Inc. for an amount not-to-exceed $940,720.
Redlands Regular Meeting of 09-03-24 1651 of 1977
DISCUSSION:
The primary clarifier, which removes settling and floating solids from the wastewater influent, is one of the first stages in wastewater treatment. Settling solids are removed when gravity causes sludge to form at the bottom of the clarifier and floating solids, such as oils and grease, are skimmed from the surface. This process reduces the load on subsequent treatment stages, enhancing overall efficiency and improving effluent quality.
The City's wastewater treatment plant (WWTP) includes four (4) rectangular primary clarifiers (PC), which were originally constructed in 1962 (PC 1 and PC 2), 1972 (PC 3), and 1988 (PC 4). The WWTP Primary Clarifier Upgrade Project will replace sludge collection and skimming mechanisms, and will replace revolving skimmer pipes with manual operating levers. Each unit will be furnished and installed with all supports, mechanical equipment, and drives. In March 2022, City Council appropriated $1,000,000 in American Rescue Plan Act funding for this project.
MUED staff prepared the Project specifications and issued a bid notice on June 13, 2024. The City Clerk's office received and opened the following four (4) bids on July 09, 2024:
No. Plan Holder's Name Total Bid Amount
1 G.S.E. Construction Company Inc., Livermore, CA $855,200 2 Myers & Sons Construction, Sacramento, CA $1,210,500
3 J.R. Filanc Construction Co., Escondido, CA $1,342,000 4 Mehta Mechanical Company, La Palma, CA $1,475,000
BID OPENING REPORT SUMMARY
The base bid included improvements to three (3) PC. An optional additive bid included improvements to the fourth PC. The total bid amounts listed above include both the base bid and additive bid items.
Staff reviewed each bid and determined that G.S.E. Construction Company, Inc. (GSE) submitted the lowest responsive and responsible bid. G.S.E. recently completed the WWTP Phase 1B upgrade project and staff were very pleased with the quality of their work. Staff recommends that City Council approve the Public Works Construction Contract with G.S.E. Construction Company, Inc. for an amount not-to-exceed $940,720, which includes an additional ten percent (10%) contingency allowance. If approved, it is anticipated that the WWTP Primary Clarifier Upgrade Project will be completed within 180 working days from the issuance of the Notice to Proceed.
Redlands Regular Meeting of 09-03-24 1652 of 1977
This project is exempt from environmental review in accordance with Section 15302(c) of the State’s Guidelines Implementing the California Environmental Quality Act, as this project will replace or reconstruct an existing utility system with no expansion of capacity.
ALTERNATIVES:
City Council may deny the staff recommendation and provide alternate direction.
STRATEGIC PLAN:
Strategic Priority B, Strategic Objective 1- Water/Wastewater/Solid Waste; Complete Wastewater Treatment Plant Phase 2 Project Construction.
SUBMITTED BY:
John R. Harris. Municipal Utilities & 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:
Fernando Mata, Wastewater Utility Manager
Fiscal Impact
Fiscal Year: FY 24/25
Revenue Generating: No
Budgeted Y/N: Yes
Account No.: 521910
Discussion:
There is no fiscal impact associated with this action. The total contract value of $940,720 is within the $1,000,000 American Rescue Plan Act funding allocated by City Council.
Redlands Regular Meeting of 09-03-24 1653 of 1977
Attachments
GSE Public Work Contract
Bid Opening Report
Bid Analysis
Location Map
Plans & Specifications
Redlands Regular Meeting of 09-03-24 1654 of 1977
1 I:\cmo\Agreements\G.S.E. Construction Company, Inc. Public Work Contract FY24-0002.docx-ms
PUBLIC WORK CONSTRUCTION CONTRACT
This Public Work Construction contract (“Contract”) is made and entered into this 3rd day of September, 2024, by and between the City of Redlands, a municipal corporation, organized and existing under the laws of the State of California (hereinafter “City”), and G.S.E. Construction Company, Inc., a California corporation (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: WWTP Primary Clarifier Upgrade Project, complete all items as required by the Contract Documents (as herein defined) and Specifications for City’s WWTP Primary Clarifier Upgrade Project, Project No. F120002 (the “Work”).
2. CONTRACT SUM: City shall pay Contractor in an amount not to exceed nine hundred forty thousand seven hundred twenty dollars ($940,720) 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 one hundred eighty (180) working day(s) as defined in Section 1-2 of the Standard Specifications for Public Works Construction “Greenbook” 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 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/cents ($500) for each working day as defined in Section 1-2 of the Standard Specifications for Public Works Construction “Greenbook” 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, 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 entitled to recover its reasonable attorneys’ fees, including fees for use of in-house counsel by a Party.
Redlands Regular Meeting of 09-03-24 1655 of 1977
2 I:\cmo\Agreements\G.S.E. Construction Company, Inc. Public Work Contract FY24-0002.docx-ms
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 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, 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 any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor.
Redlands Regular Meeting of 09-03-24 1656 of 1977
3 I:\cmo\Agreements\G.S.E. Construction Company, Inc. Public Work Contract FY24-0002.docx-ms 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)
GSE Construction Company, Inc._______________
Name of Contractor
By:_______________________________________
Signature of Authorized Agent
__________________________________________
Title
__________________________________________
Signature of Authorized Agent (if necessary)
__________________________________________
Title
__________________________________________
Contractor's License No.
401498
Redlands Regular Meeting of 09-03-24 1657 of 1977
4 I:\cmo\Agreements\G.S.E. Construction Company, Inc. Public Work Contract FY24-0002.docx-ms
WORKER'S COMPENSATION INSURANCE CERTIFICATION
Description of Contract: City of Redlands
Municipal Utilities and Engineering Department
WWTP Primary Clarifier Upgrade Project
Project No. F120002
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 selfinsure, 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 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 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.
Dated this day of , 2024.
GSE Construction Company, Inc.__________
(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.)
Redlands Regular Meeting of 09-03-24 1658 of 1977
5 I:\cmo\Agreements\G.S.E. Construction Company, Inc. Public Work Contract FY24-0002.docx-ms
FAITHFUL PERFORMANCE BOND
Whereas, the City of Redlands (“City”), State of California, and GSE Construction Company, Inc. (hereinafter designated as "Principal") have entered into an agreement dated September 3, 2024 (“Agreement”) whereby Principal agrees to install and complete certain public improvements (the “Work”), which said Agreement is identified as WWTP Primary Clarifier Upgrade Project, Project No. F120002 and is hereby referred to and made a part hereof; and Whereas, said Principal is required under the terms of the Agreement 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 nine hundred forty thousand seven hundred twenty dollars ($940,720) 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 this 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 by, and well and truly keep and perform the covenants, conditions and provisions in the Agreement 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 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 of the obligation secured hereby and in addition to the 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 longer if required by the Agreement 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 during this period from the date of completion of the Work, and resulting from or caused by defective materials or faulty workmanship, the above obligation in penal sum thereof shall remain in full force and effect. The obligations of Surety hereunder shall continue 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 the Work in accordance with its terms and conditions, and upon determination by Surety of the lowest responsive and responsible 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, Redlands Regular Meeting of 09-03-24 1659 of 1977
6 I:\cmo\Agreements\G.S.E. Construction Company, Inc. Public Work Contract FY24-0002.docx-ms 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 paragraph, shall mean the total amount payable to the Principal by the City under the Agreement 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 contractor 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 completion of the Work if the City, when declaring the Principal in default, notifies Surety of 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 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 Agreement or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the 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 , 2024.
(SEAL) (SEAL)
(Contractor) (Surety)
BY:
(Signature) (Signature)
Address:___________________________________
__________________________________________
(Seal and Notarial Acknowledgment of
Surety)
Telephone ( )___________________________
Redlands Regular Meeting of 09-03-24 1660 of 1977
7 I:\cmo\Agreements\G.S.E. Construction Company, Inc. Public Work Contract FY24-0002.docx-ms
LABOR AND MATERIAL BOND
Whereas, the City Council of the City of Redlands, State of California, and GSE Construction Company, Inc. (hereinafter designated as “Principal”) have entered into an agreement (the “Agreement”) whereby Principal agrees to install and complete certain designated public improvements (the “Work”), which said agreement, dated September 3, 20324, and identified as WWTP Primary Clarifier Upgrade Project, Project No. F120002 is hereby referred to and made a part hereof; and Whereas, under the terms of the Agreement, Principal is required before commencing the performance of the Work, to file a good and sufficient Labor and Material bond with the City of Redlands to secure the claims to which reference 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 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 nine hundred forty thousand seven hundred twenty dollars ($940,720) 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 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 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 affect its obligations on this bond, 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 _______________________, 2024.
(SEAL) (SEAL)
(Contractor) (Surety)
BY:
(Signature) (Signature)
Address:_____________________________
(Seal and Notarial Acknowledgement of Surety) ____________________________________ Telephone: ( )___________________
Redlands Regular Meeting of 09-03-24 1661 of 1977
Redlands Regular Meeting of 09-03-24 1662 of 1977
CITY OF REDLANDS
MUNICIPAL UTILITIES AND ENGINEERING DEPARTMENT
Bid Analysis
PROJECT NO.: F120002 Bid Date: July 9, 2024
WWTP Primary Clarifier Upgrade Project Estimated Start Date: September 2024 Unit Price Item Price Unit Price Item Price Unit Price Item Price 1 Mobilization & Demobilization 1 LS $30,000.00 $30,000.00 $40,000.00 $40,000.00 $49,000.00 $49,000.00 2 Primary Clarifier No. 1 1 LS $166,100.00 $166,100.00 $210,000.00 $210,000.00 $264,000.00 $264,000.00 3 Primary Clarifier No. 2 1 LS $166,100.00 $166,100.00 $279,750.00 $279,750.00 $291,000.00 $291,000.00 4 Primary Clarifier No. 3 1 LS $270,000.00 $270,000.00 $350,000.00 $350,000.00 $378,000.00 $378,000.00 Additions/Deductions
$632,200.00 $879,750.00 $982,000.00
5 Primary Clarifier No. 4 1 LS $223,000.00 $223,000.00 $330,750.00 $330,750.00 $360,000.00 $360,000.00 Additions/Deductions
$223,000.00 $330,750.00 $360,000.00
$855,200.00 $1,210,500.00 $1,342,000.00
License Status
Sub's License Status
Bid Bond Company
Submitted Entire Bid Package
Submitted Sub's Qualification Statement
DIR Status
Error in Bid No No No
Yes N/A Yes
Active Active Active
N/A Active
Travelers Casualty & Surety Co.
Yes Yes Yes
Fidelity & Deposit Co of Maryland Nationwide Mutual Insurance Co.
ADDITIVE BID "A"
Item
No. Bid Item
Active
Qty Unit
BASE BID
J.R. Filanc Construction Co.
Active Active Active
GSE Construction Co., Inc.
Total Base Bid Plus Additive Bid "A"
Total Base Bid
Total Additive Bid "A"
Myers & Sons Construction, LLC
Low Bidder 1, 2, 3
Redlands Regular Meeting of 09-03-24 1663 of 1977
CITY OF REDLANDS
MUNICIPAL UTILITIES AND ENGINEERING DEPARTMENT
Bid Analysis
PROJECT NO.: F120002 Bid Date: July 9, 2024
WWTP Primary Clarifier Upgrade Project Estimated Start Date: September 2024 Unit Price Item Price Unit Price Item Price Unit Price Item Price 1 Mobilization & Demobilization 1 LS $50,000.00 $50,000.00 2 Primary Clarifier No. 1 1 LS $300,000.00 $300,000.00
3 Primary Clarifier No. 2 1 LS $300,000.00 $300,000.00
4 Primary Clarifier No. 3 1 LS $400,000.00 $400,000.00
Additions/Deductions
$1,050,000.00
5 Primary Clarifier No. 4 1 LS $425,000.00 $425,000.00
Additions/Deductions
$425,000.00
$1,475,000.00
License Status
Sub's License Status
Bid Bond Company
Submitted Entire Bid Package
Submitted Sub's Qualification Statement
DIR Status
Error in Bid
Mehta Mechanical Company
BASE BID
Total Base Bid
ADDITIVE BID "A"
Total Additive Bid "A"
Total Base Bid Plus Additive Bid "A"
Item
No. Bid Item Qty Unit
Active
Active
Old Republic Surety Company
Yes
No
Yes
Active
Low Bidder 4
Redlands Regular Meeting of 09-03-24 1664 of 1977
Redlands Regular Meeting of 09-03-24 1665 of 1977
CITY OF REDLANDS
MUNICIPAL UTILITIES &
ENGINEERING DEPARTMENT
Bid Proposal, Contract Documents and Specifications
For
WWTP PRIMARY CLARIFIER UPGRADE PROJECT
PROJECT No. F120002
JUNE 2024
Redlands Regular Meeting of 09-03-24 1666 of 1977
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Redlands Regular Meeting of 09-03-24 1667 of 1977
CITY OF REDLANDS
MUNICIPAL UTILITIES & ENGINEERING DEPARTMENT
Bid Proposal, Contract Documents and Specifications
for
WWTP PRIMARY CLARIFIER UPGRADE PROJECT
PROJECT No. F120002
For use in conjunction with specifications entitled: “Standard Specifications for Public Works Construction (Greenbook)” 2021 Edition; “Standard Plans for Public Works Construction” 2021 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 2024
Redlands Regular Meeting of 09-03-24 1668 of 1977
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Redlands Regular Meeting of 09-03-24 1669 of 1977
TOC 1
WWTP PRIMARY CLARIFIER UPGRADE PROJECT
PROJECT No. F120002
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 ........................................................................................... 16 STATEMENT BY BIDDER ................................................................................................... 17 OFFICERS OF CORPORATION (Members of Firm) .............................................................. 17 SUB-CONTRACTORS LIST ................................................................................................. 18 QUALIFICATION AND EXPERIENCE STATEMENT.......................................................... 19 GENERAL INFORMATION ................................................................................................. 20
CONTRACT DOCUMENTS (CD)
PUBLIC WORK CONSTRUCITON CONTRACT .................................................................... 1 WORKERS COMPENDATION INSURACE CERTIFICATION ...................................... 5
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 ........................................ 25 SECTION 7 - MEASUREMENT AND PAYMENT ................................................................ 26 SECTION 8 - FACILITIES FOR AGENCY PERSONNEL ...................................................... 28 SECTION 9 - ASSIGNMENT OF UNFAIR BUSINESS PRACTICES CLAIMS ...................... 28 Redlands Regular Meeting of 09-03-24 1670 of 1977
TOC 2
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 01581 CONSTRUCTION INFORMATION SIGNS
SECTION 01721 MOBILIZATION
SECTION 01740 DEMOBILIZATION
TECHNICAL SPECIFICATIONS
SECTION 02222 PROTECTING EXISTING UNDERGROUND UTILITIES
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 FHWA – 1273
APPENDIX E FEDERAL WAGE RATES
APPENDIX F PERMITS
APPENDIX G AS-BUILT PLANS AND DRAWINGS
Redlands Regular Meeting of 09-03-24 1671 of 1977
Redlands Regular Meeting of 09-03-24 1672 of 1977
Redlands Regular Meeting of 09-03-24 1673 of 1977
CD 1
BID DOCUMENTS
(BD)
Redlands Regular Meeting of 09-03-24 1674 of 1977
CD 1
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Redlands Regular Meeting of 09-03-24 1675 of 1977
BD 1
INSTRUCTIONS TO BIDDERS
For
WWTP PRIMARY CLARIFIER UPGRADE PROJECT
PROJECT No. F120002
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 written 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 than 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.
Redlands Regular Meeting of 09-03-24 1676 of 1977
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: WWTP PRIMARY CLARIFIER UPGRADE PROJECT
PROJECT No. F120002
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 Unemployment 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.
Redlands Regular Meeting of 09-03-24 1677 of 1977
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
Redlands Regular Meeting of 09-03-24 1678 of 1977
BD 4
TIER 1 DESIGNATED INSURANCE REQUIREMENTS
a. Commercial General Liability
¾ $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
¾ $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 ¾ 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
¾ $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
¾ $1 Million Per Occurrence for Bodily Injury by Accident ¾ $1 Million Each Employee for Bodily Injury by Disease ¾ $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] ¾ Required of Projects that involve Demolition and/or Excavation Activities ¾ $1 Million Per Occurrence/ $2 Million Aggregate
¾ City listed as an Additional Insured on the coverage
Redlands Regular Meeting of 09-03-24 1679 of 1977
BD 5
TIER 2 DESIGNATED INSURANCE REQUIREMENTS
a. Commercial General Liability
¾ $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
¾ $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 ¾ 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. Workers Compensation
¾ $1 Million Per Occurrence for Bodily Injury by Accident ¾ $1 Million Each Employee for Bodily Injury by Disease ¾ $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 d. Pollution Policy (Hazardous Materials) [If Applicable] ¾ Required of Projects that involve Demolition and/or Excavation Activities ¾ $1 Million Per Occurrence/ $2 Million Aggregate
¾ City listed as an Additional Insured on the coverage
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 Redlands Regular Meeting of 09-03-24 1680 of 1977
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.
Redlands Regular Meeting of 09-03-24 1681 of 1977
BD 7
The Contractor shall, prior to Notice to Proceed, procure all 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 California Public Contract Code, the 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 proposes 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.
Redlands Regular Meeting of 09-03-24 1682 of 1977
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. Only 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 nonrefundable 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 which 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 the 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 telephone number of the person representing the protested bidder if different from the protested bidder.
Redlands Regular Meeting of 09-03-24 1683 of 1977
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 Contract notwithstanding any pending or continuing challenge to its determination.
Redlands Regular Meeting of 09-03-24 1684 of 1977
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
WWTP PRIMARY CLARIFIER UPGRADE PROJECT
PROJECT No. F120002
NOTE: Bidders must bid 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
BASE BID
(See “Section 01200 – Measurement and Payment” for Bid Item description) Item
No. Brief Description Estimated Quantity Total Price in Figures 1 Mobilization & Demobilization (5% Max of
the base bid amount) LUMP SUM $______________________
2 Primary Clarifier No. 1 LUMP SUM $______________________ 3 Primary Clarifier No. 2 LUMP SUM $______________________ 4 Primary Clarifier No. 3 LUMP SUM $______________________ BASE BID SCHEDULE TOTAL PRICE (Item 1-4) $______________________ BASE BID SCHEDULE TOTAL PRICE: $________________________________________________ BID SCHEDULE TOTAL PRICE WRITTEN IN WORDS: ________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ Redlands Regular Meeting of 09-03-24 1685 of 1977
BD 11
ADDITIVE BID “A”
(See “Section 01200 – Measurement and Payment” for Bid Item description) Item
No. Brief Description Estimated Quantity Total Price in Figures 5 Primary Clarifier No. 4 LUMP SUM $______________________ ADDITIVE BID “A” TOTAL PRICE (Item 5) $______________________ ADDITIVE BID “A” TOTAL PRICE: $________________________________________________ ADDITIVE BID “A” 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 addition 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 (c) as the lowest bid price on the Base Bid Total Price. If available funding allows for additional work, then the low bid determination will be re-evaluated as the lowest bid on the Base Bid plus Additive Bid “A” Total Price.
Redlands Regular Meeting of 09-03-24 1686 of 1977
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
Redlands Regular Meeting of 09-03-24 1687 of 1977
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 amount 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___.
Redlands Regular Meeting of 09-03-24 1688 of 1977
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 WWTP PRIMARY CLARIFIER UPGRADE PROJECT, PROJECT No. F120002.
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)
Redlands Regular Meeting of 09-03-24 1689 of 1977
BD 15
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder , proposed
subcontractor______ , hereby certifies that
he has , has not , participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President’s Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements.
Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b)(1)) and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.)
Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations.
Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not field the required reports should note that 41 CFR 60-1.7(b)(1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor.
ACKNOWLEDGED this day of
_____________
Contractor’s Signature
_____________
Contractor’s Name
_____________
Address
_____________
City
Redlands Regular Meeting of 09-03-24 1690 of 1977
BD 16
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 WWTP PRIMARY CLARIFIER UPGRADE PROJECT, PROJECT No. F120002 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 Bidder 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 directly 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)
Redlands Regular Meeting of 09-03-24 1691 of 1977
BD 17
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.
Redlands Regular Meeting of 09-03-24 1692 of 1977
BD 18
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 WWTP PRIMARY CLARIFIER UPGRADE PROJECT, PROJECT No. F120002, 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
Redlands Regular Meeting of 09-03-24 1693 of 1977
BD 19
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 WWTP PRIMARY CLARIFIER UPGRADE PROJECT, PROJECT No. F120002 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 thousand dollars ($10,000), whichever is greater shall provide a similar outline.
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:
Redlands Regular Meeting of 09-03-24 1694 of 1977
BD 20
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:
Redlands Regular Meeting of 09-03-24 1695 of 1977
BD 21
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 permit evaluation of the Bidder's ability to perform the work.
Question
Number Details
Redlands Regular Meeting of 09-03-24 1696 of 1977
BD 22
DEBARMENT AND SUSPENSION CERTIFICATION
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29
The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager:
• is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency;
• has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years;
• does not have a proposed debarment pending; and
• has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years.
If there are any exceptions to this certification, insert the exceptions in the following space.
Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action.
Notes: Providing false information may result in criminal prosecution or administrative sanctions.
The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification.
Redlands Regular Meeting of 09-03-24 1697 of 1977
BD 23
NONLOBBYING CERTIFICATION
FOR FEDERAL-AID CONTRACTS
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
(l) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly.
Redlands Regular Meeting of 09-03-24 1698 of 1977
BD 24
DISCLOSURE OF LOBBYING ACTIVITIES
COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352
1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
a. contract a. bid/offer/application a. initial
b. grant b. initial award b. material change
c. cooperative agreement c. post-award
d. loan For Material Change Only:
e. loan guarantee year _____ quarter ________
f. loan insurance date of last report __________
4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime:
Prime Subawardee
Tier _______ , if known
Congressional District, if known Congressional District, if known
6. Federal Department/Agency: 7. Federal Program Name/Description:
CFDA Number, if applicable ___________________
8. Federal Action Number, if known: 9. Award Amount, if known:
10. a. Name and Address of Lobby Entity b. Individuals Performing Services (including (If individual, last name, first name, MI) address if different from No. 10a) (last name, first name, MI)
(attach Continuation Sheet(s) if necessary)
11. Amount of Payment (check all that apply) 13. Type of Payment (check all that apply) $ _____________ actual planned a. retainer
b. one-time fee
12. Form of Payment (check all that apply): c. commission a. cash d. contingent fee
b. in-kind; specify: nature ______________ e deferred
value ______________ f. other, specify _________________________
14. Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 11:
(attach Continuation Sheet(s) if necessary)
15. Continuation Sheet(s) attached: Yes No
16. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying reliance was placed by the tier above when his transaction was made or entered into. This disclosure is required
pursuant to 31 U.S.C. 1352. This information will be
reported to Congress semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Signature: ________________________________________
Print Name: ______________________________________
Title: ____________________________________________
Telephone No.: ____________________ Date: __________
Authorized for Local Reproduction
Federal Use Only: Standard Form - LLL
Redlands Regular Meeting of 09-03-24 1699 of 1977
BD 25
INSTRUCTIONS FOR COMPLETION OF SF-LLL,
DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of covered Federal action or a material change to previous filing pursuant to title 31 U.S.C. section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered Federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence, the outcome of a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered Federal action.
4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District if known.
Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.
5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known.
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identification in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001."
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitments for the prime entity identified in item 4 or 5.
10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influenced the covered Federal action.
(b) Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (Ml).
11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made.
12. Check the appropriate box. Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind payment.
13. Check the appropriate box. Check all boxes that apply. If other, specify nature.
14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with Federal officials. Identify the Federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted.
15. Check whether or not a continuation sheet(s) is attached.
16. The certifying official shall sign and date the form, print his/her name title and telephone number.
Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503. SF-LLL-Instructions Rev. 06-04-90«ENDIF» Redlands Regular Meeting of 09-03-24 1700 of 1977
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Redlands Regular Meeting of 09-03-24 1701 of 1977
CONTRACT DOCUMENTS
(CD)
Redlands Regular Meeting of 09-03-24 1702 of 1977
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Redlands Regular Meeting of 09-03-24 1703 of 1977
PUBLIC WORKS CONSTRUCTION CONTRACT
This Public Work Construction contract (“Contract”) is made and entered into this ___ day of ____________, 20__, by and between the City of Redlands, a municipal corporation, organized and existing under the laws of the State 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: WWTP PRIMARY CLARIFIER UPGRADE PROJECT, complete all items as required by the Contract Documents (as herein defined) and Specifications for City’s WWTP PRIMARY CLARIFIER UPGRADE PROJECT, PROJECT NO. F120002 (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 one hundred eighty (180) working days as defined in Section 1-2 of the Standard Specifications for Public Works Construction “Greenbook” 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 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 working day as defined in Section 1-2 of the Standard Specifications for Public Works Construction “Greenbook” 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, 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 Redlands Regular Meeting of 09-03-24 1704 of 1977
CD 2
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.
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 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, 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 any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor.
Redlands Regular Meeting of 09-03-24 1705 of 1977
CD 3
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.
Redlands Regular Meeting of 09-03-24 1706 of 1977
CD 4
WORKER'S COMPENSATION INSURANCE CERTIFICATION
Description of Contract: City of Redlands
Municipal Utilities & Engineering Department
WWTP PRIMARY CLARIFIER UPGRADE PROJECT
PROJECT No. F120002,
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 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 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.
Dated this day of , 2024.
_____________________________________
(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.) Redlands Regular Meeting of 09-03-24 1707 of 1977
CD 5
FAITHFUL PERFORMANCE BOND
Whereas, the City of Redlands (“City”), State of California, and ______________ (hereinafter designated as "Principal") have entered into an agreement dated _____,2024 (“Agreement”) whereby Principal agrees to install and complete certain public improvements (the “Work”), which said Agreement is identified as WWTP PRIMARY CLARIFIER UPGRADE PROJECT, PROJECT NO. F120002 and is hereby referred to and made a part hereof; and Whereas, said Principal is required under the terms of the Agreement 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 this 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 by, and well and truly keep and perform the covenants, conditions and provisions in the Agreement 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 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 of the obligation secured hereby and in addition to the 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 longer if required by the Agreement 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 during this period from the date of completion of the Work, and resulting from or caused by defective materials or faulty workmanship, the above obligation in penal sum thereof shall remain in full force and effect. The obligations of Surety hereunder shall continue 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 the Work in accordance with its terms and Redlands Regular Meeting of 09-03-24 1708 of 1977
CD 6
conditions, and upon determination by Surety of the lowest responsive and responsible 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 amount set forth above. 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 thereto, 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 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 completion of the Work if the City, when declaring the Principal in default, notifies Surety of 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 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 Agreement or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the 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 , 2024.
(SEAL) (SEAL)
(Contractor) (Surety)
BY:
(Signature) (Signature)
Address:___________________________________
__________________________________________
(Seal and Notarial Acknowledgment of
Surety)
Telephone ( )___________________________
Redlands Regular Meeting of 09-03-24 1709 of 1977
CD 7
LABOR AND MATERIAL BOND
Whereas, the City Council of the City of Redlands, State of California, and ________________ (hereinafter designated as “Principal”) have entered into an agreement (the “Agreement”) whereby Principal agrees to install and complete certain designated public improvements (the “Work”), which said agreement, dated ____________, 2024, and identified as WWTP PRIMARY CLARIFIER UPGRADE PROJECT, PROJECT No. F120002 is hereby referred to and made a part hereof; and
Whereas, under the terms of the Agreement, Principal is required before commencing the performance of the Work, to file a good and sufficient Labor and Material bond with the City of Redlands to secure the claims to which reference 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 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 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 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 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 affect its obligations on this bond, 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 _______________________, 2024.
(SEAL) (SEAL)
(Contractor) (Surety)
BY:
(Signature) (Signature)
Address:_____________________________
(Seal and Notarial Acknowledgement of Surety) ____________________________________ Telephone: ( )___________________
Redlands Regular Meeting of 09-03-24 1710 of 1977
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Redlands Regular Meeting of 09-03-24 1711 of 1977
GENERAL CONDITIONS
(GC)
Redlands Regular Meeting of 09-03-24 1712 of 1977
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Redlands Regular Meeting of 09-03-24 1713 of 1977
GC 1
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 County, California, being the body authorizing entrance into legal agreements and allowing work in public right-ofway 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.
Redlands Regular Meeting of 09-03-24 1714 of 1977
GC 2
Rain Day. A scheduled working day when 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. 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. 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 6:30 AM to 3:30 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. 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.
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.
Redlands Regular Meeting of 09-03-24 1715 of 1977
GC 3
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 subcontractors 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 other 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.
Redlands Regular Meeting of 09-03-24 1716 of 1977
GC 4
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 and 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.
The design engineer or City staff shall prepare the final As-Built drawings for record purposes in one of the following two ways: (1) Check out the original drawings from the City and manually revise the drawings to reflect the As-Built condition; or (2) Re-plot the original drawings electronically on 4 mil mylars and make revisions 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.
Redlands Regular Meeting of 09-03-24 1717 of 1977
GC 5
3-12 WORKSITE MAINTENANCE
3-12.4 Storage of Equipment and Materials.
The Contractor shall be required to provide and maintain as necessary, 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.
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 6-6 until the condition is corrected.
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.
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.
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 Redlands Regular Meeting of 09-03-24 1718 of 1977
GC 6
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.
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.
Redlands Regular Meeting of 09-03-24 1719 of 1977
GC 7
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:
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 Redlands Regular Meeting of 09-03-24 1720 of 1977
GC 8
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:
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 provides 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.
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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 State 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:
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 Redlands Regular Meeting of 09-03-24 1722 of 1977
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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.
5-4 INSURANCE. - Delete Section 5-4.1, Section 5-4.2 and replace with the following:
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 Redlands Regular Meeting of 09-03-24 1723 of 1977
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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 Designated Insurance Requirements shown below.
TIER 1 DESIGNATED INSURANCE REQUIREMENTS
a. Commercial General Liability
¾ $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
¾ $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 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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GC 12
If any policy forms of endorsements are cited to grant extension of coverage, they must be included with the Certificate of Insurance submission ¾ 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
¾ $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
¾ $1 Million Per Occurrence for Bodily Injury by Accident ¾ $1 Million Each Employee for Bodily Injury by Disease ¾ $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] ¾ Required of Projects that involve Demolition and/or Excavation Activities ¾ $1 Million Per Occurrence/ $2 Million Aggregate
¾ City listed as an Additional Insured on the coverage
TIER 2 DESIGNATED INSURANCE REQUIREMENTS
a. Commercial General Liability
¾ $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
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 Redlands Regular Meeting of 09-03-24 1725 of 1977
GC 13
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
¾ $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 ¾ 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. Workers Compensation
¾ $1 Million Per Occurrence for Bodily Injury by Accident ¾ $1 Million Each Employee for Bodily Injury by Disease ¾ $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 d. Pollution Policy (Hazardous Materials) [If Applicable] ¾ Required of Projects that involve Demolition and/or Excavation Activities ¾ $1 Million Per Occurrence/ $2 Million Aggregate
¾ 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 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.
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GC 14
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.
5-4.3 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 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:
Redlands Regular Meeting of 09-03-24 1727 of 1977
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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. 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.
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Dust resulting from the Contractor’s performance of the work, either inside or outside, the right-ofway 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 necessary, 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.
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.
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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.
5-11 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.
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 reestablishing 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 streets, 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.
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GC 18
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 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 cones shall be no less than 28 inches in height, except 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 Redlands Regular Meeting of 09-03-24 1731 of 1977
GC 19
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 of 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 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 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 area affecting Redlands Regular Meeting of 09-03-24 1732 of 1977
GC 20
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 the 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.
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.
Redlands Regular Meeting of 09-03-24 1733 of 1977
GC 21
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. 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 placed 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 Redlands Regular Meeting of 09-03-24 1734 of 1977
GC 22
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 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 Contract, 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.
Redlands Regular Meeting of 09-03-24 1735 of 1977
GC 23
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 (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 execution 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 Redlands Regular Meeting of 09-03-24 1736 of 1977
GC 24
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.
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 acceptance, 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.
Redlands Regular Meeting of 09-03-24 1737 of 1977
GC 25
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.
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 paragraphs:
The time of completion of the Contract shall be expressed in consecutive calendar days. 6-9 LIQUIDATED DAMAGES. The value of liquidated damages noted in this section is amended to five hundred dollars ($500) per working 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 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 personal 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.
Redlands Regular Meeting of 09-03-24 1738 of 1977
GC 26
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 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, and 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 Redlands Regular Meeting of 09-03-24 1739 of 1977
GC 27
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 according 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:
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 Redlands Regular Meeting of 09-03-24 1740 of 1977
GC 28
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.
Redlands Regular Meeting of 09-03-24 1741 of 1977
GENERAL REQUIREMENTS
Redlands Regular Meeting of 09-03-24 1742 of 1977
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Redlands Regular Meeting of 09-03-24 1743 of 1977
COORDINATION OF WORK, PERMITS, AND REGULATIONS 01110-1
SECTION 01110 COORDINATION OF WORK
A. Maintenance of Operation of Existing Facilities
Currently, Primary Clarifier No. 1 is out of service and stripped of its components. The Contractor will restore primary clarifier number 1 before any of the other clarifiers. Any shutdown will be coordinated with the Owner. All valves on the Owner’s existing facilities will be operated by the Owner. Upon completing the installation of each clarifier, the manufacturer’s representative shall perform inspections and start-ups before moving on to the next clarifier. The Contractor is authorized to proceed to the next clarifier upon obtaining Owner's approval and adhering to the approved project schedule. The timeline for the demolition of clarifiers shall be directed by the Owner.
B. Coordination Submittals
1. The contractor shall submit a Shutdown Plan to the City for review and approval.
The plan should contain safety information, cleaning, restart plan, and expected shutdown duration, and any required deviations from the plan.
2. No primary clarifier shutdowns will be allowed until all necessary equipment and associated parts are onsite.
3. No primary shutdowns will be allowed on Friday, weekends, or city-observed holidays, unless otherwise directed by City staff.
4. When approved, City will begin shutting down the desired primary clarifier. Note the system drainage time may take up to six hours.
C. Working Hours
For all work, the following hours shall be deemed as the working hours, unless otherwise approved by the City. Please note that the city observes all government holidays, and no work is to be conducted on these designated days.
Start Monday
6:00 AM
Tuesday
6:00 AM
Wednesday
6:00 AM
Thursday
6:00 AM
Friday
6:00 AM
End Monday
4:00 PM
Tuesday
4:00 PM
Wednesday
4:00 PM
Thursday
4:00 PM
Friday
4:00 PM
Redlands Regular Meeting of 09-03-24 1744 of 1977
COORDINATION OF WORK, PERMITS, AND REGULATIONS 01110-2
Upon completion of each day’s work, the contractor is responsible for leaving the work area free of hazards/debris and must provide all necessary temporary signs, warning devices, and barricades. The City is not responsible for any equipment or tools left overnight by the Contractor at the project site.
D. Equipment Staging and Vehicle Parking
The staging area for equipment and designated vehicle parking is situated on the designated open piece of land at the effluent of the PCs. The onsite Speed limit is 10 MPH for cars and light trucks and 5 MPH for large trucks and other vehicles.
The contractor shall coordinate all construction activities with the owner’s Plant Manager/Project Manager and provide a 3-week look-ahead schedule. The Contractor is required to provide and maintain portable restrooms for workers, ensuring compliance with regulatory standards
E. Additional City Projects
The contractor shall coordinate with the City to determine any conflicting schedule items and to adjust schedule as necessary to accommodate adjacent work.
END OF SECTION
Redlands Regular Meeting of 09-03-24 1745 of 1977
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 2024 Primary Clarifier Upgrade Project, Project No. F120002 for the City of Redlands, all in accordance with the Contract Documents.
1.2 GENERAL SCOPE OF WORK
A. Work In This Contract: Work in this Contract includes all labor, materials and equipment necessary for construction of the 2024 Primary Clarifier Upgrade Project, Project No. F120002 as noted on Contract Documents and is summarized as follows:
1. The Work shall consist of furnishing and installing all designated sludge collection, skimming mechanisms, and revolving skimmer pipes with manual operating lever for the rectangular primary clarifiers located at the City’s Wastewater Treatment Facility (1950 Nevada St., Redlands, CA 92373). This includes all necessary accessories to ensure a fully functional primary clarifier system at the City of Redlands Wastewater Treatment Facility (WWTF). Sludge collection, skimming mechanism, and skimming pipes with manual lever shall fit existing rectangular clarifiers. The WWTF currently has four rectangular primary clarifiers (PC). Acceptable manufacturers, or equivalents, include Evoqua, Envirex, Viking Chain Enviro Division (a division of Connexus Industries Inc.), Brentwood Polychem Solutions, and Fairfield Service Company. The contractor will need to provide the name and details of the manufacturer.
Currently, PC No. 1 is out of service and stripped of its components, including the collector chain and flights. However, it will be restored to operational status as a result of this project. Due to years of being out of service and dry, the headshaft wall bearings will need replacement, and the sprocket will also require replacement due to rust. PC No. 1 and 2, installed in 1962, each feature a chain and flight mechanism operated by a common drive unit. PC No. 3, installed in 1972, and PC No. 4, installed in 1988, are larger basins, each housing two chains and flight mechanisms. PC No. 3 and 4 are equipped with their dedicated drive units.
Each unit shall be furnished and installed complete with all supports, mechanical equipment including drives. All mechanisms or parts shall be sized for stresses occurring during operation, fabrication, and erection. Common parts shall be interchangeable for all primary tanks. The end product of all supplied and Redlands Regular Meeting of 09-03-24 1746 of 1977
DESCRIPTION OF WORK 01112-2
installed parts shall be from a single responsible equipment manufacturer. This manufacturer shall provide all components of the system to enhance compatibility, ease of construction, and efficient operation and maintenance. It is necessary to place the equipment in operation to perform its intended functions without altering or modifying the CONTRACTOR’s responsibilities under the Contract Documents
Design Operation Requirements - Primary Clarifiers Sludge Collectors:
PC No. 1 & No.2 PC No.3 & No. 4
Item Tank No. 1 Tank No. 2 Tank Section 1 Tank Section 2 Equipment Tag No.
Longitudinal Collector 1 1 1 1
Cross Collector N/A N/A N/A N/A
Tank Length (ft-inch) 112-0 112-0 113-2 113-2
Tank Width (ft-inch) 18-0 18-0 12-11 1/2 12-11 1/2
Side Wall Depth (ftinch) 11-4 11-4 11-4 11-4
Water Depth at
Design Flow (ft-inch) 9-8 3/16 9-8 3/16 9-8 3/16 9-8 3/16 Water Depth at Peak
Flow (ft-inch) 9-8 3/16 9-8 3/16 9-8 3/16 9-8 3/16
Water Flow at Design
Flow per Tank (MGD) 2.375 2.375 2.375 2.375
Water Flow at Peak
Flow per Tank (MGD) 4.5 4.5 4.5 4.5
Max. Sludge Blanket
Depth at Influent End
(inch)
42 42 42 42
Max. Sludge
Concentration (% by
Weight))
9 9 9 9
Min. Design Dry
Death Load (Friction
lbs/Linear ft)
4 4 4 4
Min. Design Collector
Live Load (lbs/sqft) 0.5 0.5 0.5 0.5
Flight Speed (ft/min) 2 2 2 2
Flight Spacing (ft) 10 10 10 10
Max. Shaft Flexural
and Torsional Stress
(psi)
12,000-
headshaft
24,000- idler
shaft
12,000-
headshaft
24,000- idler
shaft
12,000-
headshaft
24,000- idler
shaft
12,000-
headshaft
24,000- idler
shaft
Max. Shaft Angular
Deflation (degree) 3 3 3 3
Max. Shaft Flexural
Deflection (inch) L/360 L/360 L/360 L/360
Max. Bearing
Pressure (psi) 150 150 150 150
Redlands Regular Meeting of 09-03-24 1747 of 1977
DESCRIPTION OF WORK 01112-3
The fluid to be handled will be primary sludge and primary scum (PS), expected physical and chemical characteristics of fluid are summarized in the table below:
Service Designation PS
Approximate pH (std units) 6.5 – 7.5
Temperature (°F) 64 - 88
Specific Gravity 1.05
Viscosity (cP) 1
TSS (mg/L) 5,000 – 90,000
Electrical Infrastructure & Motor Gearbox Drive Installation The project scope encompasses the utilization of the existing electrical infrastructure. The Contractor is tasked with sizing the motor gearbox drive power, not exceeding 2 HP, with voltage specifications of 230-480 V, 3 PH, 60 Hz. The hazardous area classification for this project is NFPA 820 Class 2 Division 2 Group D. Additionally, the Contractor must ensure the proper operation of the motor gearbox drive system within the specified parameters.
Services of Manufacturer
Upon completing the installation of each clarifier, the manufacturer shall perform inspections and start-ups before moving on to the next clarifier. The Contractor is authorized to proceed to the next clarifier upon obtaining Owner's approval and adhering to the approved project schedule. The timeline for the demolition of clarifiers shall be directed by the Owner. As the WWTF will remain active and in operation during the project, it is imperative for the Contractor to collaborate closely with the Owner to plan and coordinate the demolitions of PCs. This collaboration is crucial to ensure minimal disruption to ongoing operations and to adhere to the overall project timeline. The Contractor shall adjust their schedule as necessary to align with the operational requirements of the WWTF, subject to the Owner's guidance and approval.
Upon completing the entire project, the manufacturer is to provide one full day of training to Owner’s personnel (training shall be conducted separately from Startup and Testing activities). The manufacturer’s representative is to witness the equipment installation, visit the site for at least five (5) days during the project, including one day upon final completion. The manufacturer shall perform field adjustments to certify that the equipment installation and operation comply with the design.
Redlands Regular Meeting of 09-03-24 1748 of 1977
DESCRIPTION OF WORK 01112-4
Primary Clarifier- Demo
Note* PC No. 1 is offline and stripped of its components.
Demolish existing sludge collector drives.
Demolish existing head shaft and sprockets.
Demolish existing front and back turn shaft and sprockets.
Demolish longitudinal and cross sludge collectors.
Demolish existing flights.
Demolish existing idler shaft and sprockets.
Demolish existing chain and return tracks for flights.
Demolish existing manual lever operated skimmer pipe.
Primary Clarifier – Rehabilitation
Install new sludge collector drive.
Install new head shaft and sprockets.
Install new front and back turn shaft and sprockets 4.
Install new longitudinal and cross sludge collectors.
Install new flights.
Install new idler shaft and sprockets.
Install new chain and return tracks for flights.
Install manual lever operated skimmer pipe.
Revolving Skimming Pipe (Scum Pipe) & Manual Lever Operator Provide all labor, material and equipment to furnish and install one (1) manual lever operated skimmer pipe each 12 inch (300 mm) diameter.
Each skimmer pipe shall span one (1) 18 ft (5.48 m) wide channel. Continuous travel of scum through the series of pipes shall be 18 ft (5.48 m). Each mechanism shall be independently operated and shall be capable of minimum 30 degree rotation in either direction.
The Manufacturer shall furnish pipe, end supports, set collars, seals, lever, and associated attachment bolts and anchor bolts.
Pipe shall be carbon steel and be 12 inch (300 mm) diameter with nominal 1/4 inch (6.35 mm) wall thickness. A 60 degree wide slotted opening shall be cut symmetrical about the vertical axis to provide a weir over which scum can flow into the pipe when rotated. Edges of the slot shall be parallel to the longitudinal axis of the pipe. Full periphery bands not less than 2 inch (50 mm) wide shall be left in the pipe at intervals not exceeding 2 ft (610 mm) to act as stiffeners.
Equipment
Pipe-The pipe shall be carbon steel and be 12 inch (300 mm) diameter with nominal 1/4 inch (6.35 mm) wall thickness. A 60 degree wide slotted opening shall be cut symmetrical about the vertical axis to provide a weir over which scum can flow into the pipe when rotated. Edges of the slot shall be parallel to the longitudinal axis of the pipe. Full periphery bands not less than 2 inch (50 mm) Redlands Regular Meeting of 09-03-24 1749 of 1977
DESCRIPTION OF WORK 01112-5
wide shall be left in the pipe at intervals not exceeding 2 ft (610 mm) to act as stiffeners.
End Supports-The revolving pipe shall be supported at each end in such a manner that a slight vertical or horizontal misalignment will not interfere with the smooth operation of the pipe. The pipe shall be supported by and revolve in a rolled carbon steel collar which shall be welded to an adjustable carbon steel plate. The end supports shall have a replaceable UHMW-polyethylene bearing liner securely fitted within the internal periphery of the collar to provide ample bearing surface for the pipe without crushing the seal.
Seals-A suitable watertight seal shall be provided for the open end of the pipe.
This seal shall be so constructed that it will remain effective even with a slight misalignment of the pipe and collar. The seal shall not be affected by grease, mild acids, or alkalis. The seal shall be readily renewable without removing the pipe from the supporting brackets and shall not bind or impede the smooth action of the revolving pipe.
Plywood fillers shall be furnished with open end supports to provide a watertight connection to the tank walls without grouting.
Set Collars-A formed 1/4 inch (6 mm) thick carbon steel set collar shall be provided at each end support to retain the skimmer pipe end seals.
Operating Mechanism-The skimmer pipe shall be manually operated by means of a 1-1/2 inch (38 mm) diameter standard carbon steel pipe lever.
Shop Painting and Finish Field Painting-All iron and steel surfaces of scum pipe and levers shall be blast-cleaned in accordance with SSPC-SP10 and shop primed.
Shafting, machined and or polished surfaces shall be provided with a temporary protective coating of anchors and fasteners. All anchor bolts shall be Type 316 stainless steel furnished by the Manufacturer, of ample size and strength for the purpose intended. nondrying oily-type rust preventative compound.
Submittals
Provide submittals including the following specific information:
Complete assembly and installation drawings and data covering material used, power drive assemblies, and accessories of equipment furnished.
Data and specifications for each unit shall include:
a. Shafts, material, and size
b. Bearings, type, and details
c. Sprockets, type, and sizes details
d. Chain size, weight, and details
e. Flight dimensions and materials
Redlands Regular Meeting of 09-03-24 1750 of 1977
DESCRIPTION OF WORK 01112-6
f. Return rail track details, including supports capable of withstanding all loads from any direction as imposed.
g .Wear strips for floor and return rail tracks
h. Wearing shoe details and mounting locations.
i. Size, manufacturer, type, and mounting details of mechanism drive motor gearbox.
j. Anchor bolt placement measured from construction joints in the concrete structure.
k. Details and description of the mechanical overload protection assembly. Details submitted shall clearly demonstrate the adequacy of the mechanical overload protection provided for the electric motor with the proposed assembly.
Provide detailed calculations demonstrating that the proposed collector chain can meet the specified design criteria and sludge loading.
Certifications (compliance with applicable code requirements with respect to material grades, design criteria, and test results).
Manufacturer certification stating the equipment conforms to specified requirements and is suitable for the service.
Owner’s Manual
The following shall be included:
Manufacturer's catalog including installation instructions.
Manufacturer's operating and maintenance procedures including lubricating instructions.
Manufacturer's certification that products comply with the indicated requirements and certification that products have been factory-tested.
Certification that the Work has been field-tested and the Work complies with the indicated requirements.
Equipment tolerances and required clearances.
Electrical data including control and wiring diagrams.
Address and telephone number of local service representative.
Equipment Warranty
The Contractor shall furnish and replace, without cost to Owner, all equipment parts that are defective or show undue wear within two (2) years from the date of Notice of Completion unless extended periods of warranty for specific pieces of equipment are specified in the specific equipment section. In addition to performance guarantees, all processes or systems shall comply with the requirements of applicable portions of the Sections of these Specifications describing those systems.
Quality Assurance
Equipment supplier shall be a firm regularly engaged in the manufacture of sludge collection and skimming mechanism whose products have given satisfactory Redlands Regular Meeting of 09-03-24 1751 of 1977
DESCRIPTION OF WORK 01112-7
service in at least ten (10) similar domestic wastewater treatment applications for more than ten (10) years. Prior to delivering the sludge collection and skimming mechanisms for rectangular primary clarifiers and all accessories to the job site, the Manufacturer shall perform factory/shop test.
Safety
The Contractor shall comply with all federal, state, and local safety codes throughout the progress of the work and agrees to assume sole and complete responsibility for job site conditions during the course of this Contract, including the safety of all personnel and property. This responsibility encompasses all aspects of confined space entry within the project's scope, requiring the provision of trained and certified personnel as mandated by applicable safety regulations and standards. The Contractor shall conform to and adhere to all relevant CAL/OSHA safety orders.
The Contractor is responsible for ensuring that all personnel involved in confined space entry activities possess the required certifications and training. This training should cover, but not be limited to, the identification of confined spaces, the proper use of personal protective equipment, emergency response procedures, and the recognition and mitigation of potential hazards associated with confined spaces.
The Contractor shall maintain a record of all personnel certifications and training documentation, making it readily available for inspection by relevant authorities or the Owner upon request. The Contractor is responsible for implementing and enforcing safe work practices related to confined space entry, as well as providing any necessary equipment, tools, or materials required for safe and compliant execution of work within confined spaces.
The Contractor shall submit to the City for review its Injury Illness Prevention Plan (IIPP), Emergency Contact List, and Job Hazard Assessment (JHA) through the submittal module in VPM. Once the JHA has been reviewed, the Safety Administrator will determine if Employee Certificates of Training will be required as an additional submittal.
Contractors Responsibility for Work
Contractor is responsible for all work, equipment, etc. until formal acceptance of the work by the City. Any damage due to weather, vandalism, theft or fire is the responsibility of the Contractor. Housekeeping shall be performed by the Contractor on a daily basis, or as directed by the City, to maintain a clean work site.
Protections of Existing Improvements/Utilities
Contractor shall protect private and public property adjacent to the work and exercise caution to avoid damage. Any damage shall be repaired to the satisfaction of the City and/or owner. The Contractor shall relocate, re-establish, Redlands Regular Meeting of 09-03-24 1752 of 1977
DESCRIPTION OF WORK 01112-8
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. pipe, fittings, and appurtenances; all traffic control (including furnishing and installing all arrowboards, 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 trenching, shoring, sloping, bedding, and backfilling including select imported material or select 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 concrete overlays; pavement striping and restriping; testing and disinfecting all pipelines; replacing destroyed survey monuments; disposing of excess soil and rock material and restoring all areas and improvements to pre-construction conditions.
Work Hours
The project work hours are scheduled from Monday through Friday, between 6:00 AM and 4:00 PM at the WWTF. Please note that the City observes all government holidays, and no work is to be conducted on these designated days.
Upon completion of each day’s work, the contractor is responsible for leaving the work area free of hazards/debris and must provide all necessary temporary signs, warning devices, and barricades.
The contractor shall coordinate all construction activities with the owner’s Plant Manager/Project Manager and provide a 3-week look-ahead schedule. The Contractor is required to provide and maintain portable restrooms for workers, ensuring compliance with regulatory standards, including at least one facility per 20 employees of each sex with a minimum number of toilets. They must maintain cleanliness, privacy, and sufficient supplies, conduct regular inspections, promptly address repairs, and adhere to health and safety regulations while strategically locating restrooms for convenient worker access.
Equipment Staging and Vehicle Parking:
The staging area for equipment and designated vehicle parking is situated on the open piece of land at the effluent of the PCs. The onsite Speed limit is 10 MPH for cars and light trucks and 5 MPH for large trucks and other vehicles. It is important to highlight that the City is not responsible for any equipment or tools left overnight by the Contractor at the project site.
Redlands Regular Meeting of 09-03-24 1753 of 1977
DESCRIPTION OF WORK 01112-9
2. The Contractor shall, upon completion of the construction and appurtenances required herein, initially operate all components of the Contract Work furnished and installed by Contractor, and make any additional adjustments, corrections, repairs, replacements, and reconstructions necessary to provide the City with complete, correctly operating pipeline and appurtenances.
END OF SECTION
Redlands Regular Meeting of 09-03-24 1754 of 1977
7+,63$*(,17(17,21$//</()7%/$1.
Redlands Regular Meeting of 09-03-24 1755 of 1977
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 remain 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 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 work 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 Contractor 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 rock or unsuitable backfill material and the need to import suitable backfill material. There will not be additional contract time or additional compensation for any project locations where any of these circumstances occur.
C. Bid Items
1. Mobilization & Demobilization, Bid Item 1:
Payment for 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, Redlands Regular Meeting of 09-03-24 1756 of 1977
MEASUREMENT AND PAYMENT 01200-2
material, equipment and incidentals required. The bid price for mobilization shall not exceed 5 percent of the Bid Schedule total price.
Payment for Demobilization shall be made at the contract lump sum price and shall constitute full compensation for all labor, material, equipment, and incidentals required within Section 01740.
2. Primary Clarifier Number 1, Bid Item 2:
Payment for Primary Clarifier Number 1 shall be made at the contract lump sum price unit and shall constitute full compensation for all labor, material, equipment and incidentals required to furnish and install a complete and fully functional primary clarifier system.
This includes, but not limited to, associated electrical components, sludge collection, skimming mechanism, and skimming pipes with manual lever shall fit existing rectangular clarifiers per the as-builts and specifications.
The price shall include, but not be limited to, demolition of existing appurtenances and accessories within the existing concrete primary clarifier basin. Please note, primary clarifier 1 is out of service and stripped of its components, including the collector chain and flights. The completeness shall be determined by the Engineer/Project Manager and updated on progress payments.
3. Primary Clarifier Number 2, Bid Item 3:
Payment for Primary Clarifier Number 2 shall be made at the contract lump sum price unit and shall constitute full compensation for all labor, material, equipment and incidentals required to furnish and install a complete and fully functional primary clarifier system.
This includes, but not limited to, associated electrical components, sludge collection, skimming mechanism, and skimming pipes with manual lever shall fit existing rectangular clarifiers per the as-builts and specifications.
The price shall include, but not be limited to, demolition of existing appurtenances and accessories within the existing concrete primary clarifier basin. The completeness shall be determined by the Engineer/Project Manager and updated on progress payments.
4. Primary Clarifier Number 3, Bid Item 4:
Payment for Primary Clarifier Number 3 shall be made at the contract lump sum price unit and shall constitute full compensation for all labor, material, equipment and incidentals required to furnish and install a complete and fully functional primary clarifier system.
This includes, but not limited to, associated electrical components, sludge collection, skimming mechanism, and skimming pipes with manual lever shall fit existing rectangular clarifiers per the as-builts and specifications.
The price shall include, but not be limited to, demolition of existing appurtenances and accessories within the existing concrete primary clarifier basin. The completeness shall be determined by the Engineer/Project Manager and updated on progress payments.
5. Primary Clarifier Number 4, Bid Item 5:
Payment for Primary Clarifier Number 4 shall be made at the contract lump sum price unit and shall constitute full compensation for all labor, material, equipment and incidentals Redlands Regular Meeting of 09-03-24 1757 of 1977
MEASUREMENT AND PAYMENT 01200-3
required to furnish and install a complete and fully functional primary clarifier system.
This includes, but not limited to, associated electrical components, sludge collection, skimming mechanism, and skimming pipes with manual lever shall fit existing rectangular clarifiers per the as-builts and specifications.
The price shall include, but not be limited to, demolition of existing appurtenances and accessories within the existing concrete primary clarifier basin. The completeness shall be determined by the Engineer/Project Manager and updated on progress payments.
END OF SECTION
Redlands Regular Meeting of 09-03-24 1758 of 1977
7+,63$*(,17(17,21$//</()7%/$1.
Redlands Regular Meeting of 09-03-24 1759 of 1977
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 the 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. Delays 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 ENGINEER, nor shall such request constitute justification for a delay to the existing Work or a time extension under the Contract.
END OF SECTION
Redlands Regular Meeting of 09-03-24 1760 of 1977
CHANGE ORDER REQUESTS 01251-2
Redlands Regular Meeting of 09-03-24 1761 of 1977
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)
Redlands Regular Meeting of 09-03-24 1762 of 1977
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Redlands Regular Meeting of 09-03-24 1763 of 1977
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 the 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 Prices” 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 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 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, supervision 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 applicable 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 quantity between twenty-five percent (25%) and seventy-five percent (75%) of the original quantity.
Redlands Regular Meeting of 09-03-24 1764 of 1977
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 unilaterally 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 Materials 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 superintendents 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 benefits 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 Redlands Regular Meeting of 09-03-24 1765 of 1977
CHANGE ORDERS 01254-3
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 purchaser 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 price 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 exceed 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 supplies 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.
Redlands Regular Meeting of 09-03-24 1766 of 1977
CHANGE ORDERS 01254-4
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 shall 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 the 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 day, the Contractor shall submit a “Daily Extra Work Report” (DEWR) to the Inspector. The “Daily Extra Work Report” shall summarize labor, Redlands Regular Meeting of 09-03-24 1767 of 1977
CHANGE ORDERS 01254-5
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 the 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 number 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 Contractorowned equipment and/or tools, and rented equipment or tools for which compensation is requested. Information 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 equipment 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 lowest possible wholesale price or rental rate applicable while the work was being performed.
Redlands Regular Meeting of 09-03-24 1768 of 1977
CHANGE ORDERS 01254-6
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 Subcontractors 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 report. 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 Redlands Regular Meeting of 09-03-24 1769 of 1977
CHANGE ORDERS 01254-7
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 any 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 equipment 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 currency 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 Redlands Regular Meeting of 09-03-24 1770 of 1977
CHANGE ORDERS 01254-8
Time Impact Analysis is to pinpoint, isolate, and quantify all time impact associated with a specific issue and determine its time relationship 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 of 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 requests 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, breakdowns 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 in 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 interruption 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 after execution of the Contract and issued from time to time throughout the period of construction, regardless of their scope, Redlands Regular Meeting of 09-03-24 1771 of 1977
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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) changes 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 overhead 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, estimating, 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 to 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 Subcontractor, 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 applied 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 the 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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CHANGE ORDERS 01254-11
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 rental 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 the 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 be 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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CHANGE ORDERS 01254-12
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 equipment 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 Caltrans 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 Caltrans 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 equipment 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 multiple 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 applicable.). 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 Caltrans 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 that 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 Redlands Regular Meeting of 09-03-24 1776 of 1977
CHANGE ORDERS 01254-14
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 Contractor 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 Subsections 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
Redlands Regular Meeting of 09-03-24 1777 of 1977
SCHEDULE OF VALUES 01298-1
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 required 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 amounts 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, the placement of concrete 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 example, 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 supports 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 all 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 Schedule of Values must be used by the CONTRATRACTOR at the time of each progress payment.
END OF SECTION
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Redlands Regular Meeting of 09-03-24 1781 of 1977
CONSTRUCTION SCHEDULE 01321-1
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 within 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 Redlands Regular Meeting of 09-03-24 1782 of 1977
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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 completion date projected by the current, approved, updated schedule. If the delay occurs along a path, which the current approved 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 granted 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 by 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 CONTRACTOR). 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 completion 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 Contract 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 Subcontractor, Sub-Subcontractor, or Supplier with five (5) percent or more of the value of the Contract) participate in Redlands Regular Meeting of 09-03-24 1783 of 1977
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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 submittal, 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 network 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 dates 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 of 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 addresses identifying each property location, 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 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 daily 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 of 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 phase 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 report 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 all 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 into 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
Redlands Regular Meeting of 09-03-24 1789 of 1977
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 where required by the ENGINEER, the CONTRACTOR shall furnish to the ENGINEER for review, one electronic (PDF) copy of each submittal. The term "submittal" as used herein shall be understood to include detail design calculations, design 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 ENGINEER 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 taken 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 attaching 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 item. The CITY reserves the right to withhold moneys due the CONTRACTOR Redlands Regular Meeting of 09-03-24 1790 of 1977
SUBMITTALS 01330-2
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 Contractor 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 are 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 shall 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 CONTRACTOR will not be relieved of the responsibility for executing the work in accordance with the Contract Documents, and the approved submittals.
Redlands Regular Meeting of 09-03-24 1791 of 1977
SUBMITTALS 01330-3
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 may 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, shall 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.
7. Samples
Redlands Regular Meeting of 09-03-24 1792 of 1977
SUBMITTALS 01330-4
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 every 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.
4. Verify that all such submittal items conform to the Project Manual requirements noted in the Technical Sections.
Redlands Regular Meeting of 09-03-24 1793 of 1977
SUBMITTALS 01330-5
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
Redlands Regular Meeting of 09-03-24 1794 of 1977
SUBMITTALS 01330-6
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Redlands Regular Meeting of 09-03-24 1795 of 1977
SUBMITTALS 01330-7
Redlands Regular Meeting of 09-03-24 1796 of 1977
SUBMITTALS 01330-8
Redlands Regular Meeting of 09-03-24 1797 of 1977
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 attributable to any specific bid item) shall be included in the Contract Price Breakdown and progress payment estimate. If there is no mobilization bid item the 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, furnishings, 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.
Redlands Regular Meeting of 09-03-24 1798 of 1977
MOBILIZATION 01721-2
11. Submitting all required Subcontractor insurance certificates and bonds.
12. Posting all CAL/OSHA required notices 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
Redlands Regular Meeting of 09-03-24 1799 of 1977
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 incidentals 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 caused 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.
Redlands Regular Meeting of 09-03-24 1800 of 1977
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
Redlands Regular Meeting of 09-03-24 1801 of 1977
TECHNICAL SPECIFICATIONS
Redlands Regular Meeting of 09-03-24 1802 of 1977
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Redlands Regular Meeting of 09-03-24 1803 of 1977
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 authorized 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 the 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.
Redlands Regular Meeting of 09-03-24 1804 of 1977
PROTECTING EXISTING UNDERGROUND UTILITIES 02222-2
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 trench 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 otherwise 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 Redlands Regular Meeting of 09-03-24 1805 of 1977
PROTECTING EXISTING UNDERGROUND UTILITIES 02222-3
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
Redlands Regular Meeting of 09-03-24 1806 of 1977
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Redlands Regular Meeting of 09-03-24 1807 of 1977
APPENDIX A
CHECKLIST OF LABOR LAW REQUIREMENTS
Redlands Regular Meeting of 09-03-24 1808 of 1977
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Redlands Regular Meeting of 09-03-24 1809 of 1977
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 are 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 project 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 records 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, the 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" from employee wages under Labor Code Section 1778.
Redlands Regular Meeting of 09-03-24 1810 of 1977
7. Acceptance of Fees Prohibited
There exists a prohibition against contractor/subcontractor acceptance of fees for registering any person for public 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 works 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.
Penalties 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 Business 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 regulations that apply to the particular construction project.
13. Undocumented Workers
Contractors and subcontractors are prohibited by the Federal government against hiring undocumented workers, 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, the 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.
Contractor City of Redlands
Name Printed Name Printed
Signature Signature
Title Title
Date Date
Redlands Regular Meeting of 09-03-24 1811 of 1977
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t,dŚĂƉƉĞŶƐŝĨ/ĚŽŶ͛ƚƌĞŐŝƐƚĞƌ͍
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ĐŽŶƚƌĂĐƚŽƌƐƚŽƐƵďŵŝƚƉĂLJƌŽůůƐƚŽƚŚĞŝƚLJŽĨZĞĚůĂŶĚƐ͘ ŽŶƚĂĐƚ ƚŚĞ ŝƚLJ ŽĨ ZĞĚůĂŶĚƐ ƌĞŐĂƌĚŝŶŐ ĂŶLJ ƋƵĞƐƚŝŽŶƐ LJŽƵ ŵĂLJ ŚĂǀĞ ƌĞŐĂƌĚŝŶŐ ƚŚĞ ŶĞǁ ƌĞƋƵŝƌĞŵĞŶƚƐ ĨŽƌ ĐŽŶƚƌĂĐƚŽƌƌĞŐŝƐƚƌĂƚŝŽŶŽƌŽŶůŝŶĞƐƵďŵŝƐƐŝŽŶŽĨĐĞƌƚŝĨŝĞĚƉĂLJƌŽůů͗;ϵϬϵͿϳϵϴͲϳϲϵϴ͘ Redlands Regular Meeting of 09-03-24 1813 of 1977
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
Redlands Regular Meeting of 09-03-24 1814 of 1977
DAS-140 FORM - PUBLIC WORKS CONTRACT AWARD
INFORMATION
(Title 8, California Code of Regulations, Section
230) (California Labor Code, Section 1777.5 (e))
SUBMIT CONTRACT AWARD INFORMATION
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THE TOP SECTION OF THE FORM COMPLETELY FILLED OUT
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LOWER SECTION OF THE FORM
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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.
NOTE: The filing of a DAS 140 is not a request for the dispatch of registered apprentices
Ϯ:
Redlands Regular Meeting of 09-03-24 1815 of 1977
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 FRIN
GE BENEFITS
Health & Welfare
$ hr
Paid To:
Name of Plan/Fund/Program:
Address:
Pension Paid To:
Name of Plan/Fund/Program:
Address:
$ hr
Vacation/Holiday Paid To:
Name of Plan/Fund/Program:
Address:
$ hr
Training Paid To:
Name of Plan/Fund/Program:
Address:
$ hr
Other Paid To:
Name of Plan/Fund/Program:
Address:
$ hr
Classification: Effective Date: Subsistence or Travel Pay:
$
E
MPL
OYER 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) Redlands Regular Meeting of 09-03-24 1816 of 1977
California
Department of
Industrial Relations
PUBLIC WORKS PAYROLL REPORTING FORM
Page of
NAME OF CONTRACTOR: CONTRACTOR'S LICENSE NO.: ADDRESS:
OR SUBCONTRACTOR: SPECIALITY LICENSE NO.:
PAYROLL NO.: FOR WEEK ENDING: SELF-INSURED CERTIFICATE NO.: PROJECT OR CONTRACT NO.:
(4) DAY (5) (6) WORKERS' COMPENSATION POLICY NO.: PROJECT AND LOCATION:
(1)
NAME, ADDRESS AND
SOCIAL SECURITY NUMBER
OF EMPLOYEE
(2) (3)
WORK
CLASSIFICATION
M T W TH F S S
DATE
HOURS WORKED EACH DAY
TOTAL
HOURS
HOURLY
RATE
OF PAY
(7)
GROSS AMOUNT
EARNED
(8)
DEDUCTIONS, CONTRIBUTIONS AND PAYMENTS
(9)
NET WGS
PAID FOR
WEEK
CHECK
NO.
THIS
PROJECT
S
ALL
PROJECTS
FED.
TAX
FICA
(SOC. SEC.)
STATE
TAX SDI
VAC/
HOLIDAY
HEALTH
& WELF. PENSION
TRAING. FUND
ADMIN
O
DUES TRAV/
SUBS. SAVINGS OTHER*
TOTAL
DEDUCTIONS
THIS
PROJECT
S
ALL
PROJECTS
FED.
TAX
FICA
(SOC. SEC.)
STATE
TAX SDI
VAC/
HOLIDAY
HEALTH
& WELF. PENSION
TRAING. FUND
ADMIN
O
DUES TRAV/
SUBS. SAVINGS OTHER*
TOTAL
DEDUCTIONS
THIS
PROJECT
S
ALL
PROJECTS
FED.
TAX
FICA
(SOC. SEC.)
STATE
TAX SDI
VAC/
HOLIDAY
HEALTH
& WELF. PENSION
TRAING. FUND
ADMIN
O
DUES TRAV/
SUBS. SAVINGS OTHER*
TOTAL
DEDUCTIONS
THIS
PROJECT
S
ALL
PROJECTS
FED.
TAX
FICA
(SOC. SEC.)
STATE
TAX SDI
VAC/
HOLIDAY
HEALTH
& WELF. PENSION
TRAING. FUND
ADMIN
O DUES TRAV/
SUBS. SAVINGS OTHER*
NO. OF WITHHOLDING
EXEMPTIONS
Redlands Regular Meeting of 09-03-24 1817 of 1977
TOTAL DEDUC- TIONS
S = STRAIGHT TIME *OTHER – Any other deductions, contributions and/or payments whether or not included or required by prevailing CERTIFICATION MUST be completed Form A-1-131 (New 2-80) O = OVERTIME wage determinations must be separately listed. Use extra sheet(s) if necessary (See reverse side) SDI = STATE DISABILITY INSURANCE Redlands Regular Meeting of 09-03-24 1818 of 1977
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 ending 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 Industrial Relations, State of California and only deductions as authorized under the laws of the State of California or the laws 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 Relations, 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 #
Redlands Regular Meeting of 09-03-24 1819 of 1977
CONTRACTOR INFORMATION SHEET
Job Name: _ 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:
ϮE
Redlands Regular Meeting of 09-03-24 1820 of 1977
7+,63$*(,17(17,21$//</()7%/$1.
Redlands Regular Meeting of 09-03-24 1821 of 1977
APPENDIX B
CITY OF REDLANDS WORKDAY CONSTRUCTION SCHEDULE
Redlands Regular Meeting of 09-03-24 1822 of 1977
THIS PAGE INTENTIONALLY LEFT BLANK
Redlands Regular Meeting of 09-03-24 1823 of 1977
City of Redlands Hours
Construction activities shall be scheduled from 06:00 am to 04:00 pm, Monday through Friday, unless prior arrangements have been made for extensions beyond 04:00 pm. The City of Redlands observes all federal holidays listed below.
BLUE indicates office CLOSED for the City's HOLIDAYS.
January 2024 February 2024 March 2024
S M T W T F S S M T W T F S S M T W T F S
1 2 3 4 5 6 1 2 3 1 2
7 8 9 10 11 12 13 4 5 6 7 8 9 10 3 4 5 6 7 8 9
14 15 16 17 18 19 20 11 12 13 14 15 16 17 10 11 12 13 14 15 16 21 22 23 24 25 26 27 18 19 20 21 22 23 24 17 18 19 20 21 22 23 29 29 30 31 25 26 27 28 29 24
31 25 26 27 28 29 30
April 2024 May 2024 June 2024
S M T W T F S S M T W T F S S M T W T F S
1 2 3 4 5 6 1 2 3 4 1
7 8 9 10 11 12 13 5 6 7 8 9 10 11 2 3 4 5 6 7 8
14 15 16 17 18 19 20 12 13 14 15 16 17 18 9 10 11 12 13 14 15 21 22 23 24 25 26 27 19 20 21 22 23 24 25 16 17 18 19 20 21 22 28 29 30 26 27 28 29 30 31 23
30 24 25 26 27 28 29
July 2024 August 2024 September 2024
S M T W T F S S M T W T F S S M T W T F S
1 2 3 4 5 6 1 2 3 1 2 3 4 5 6 7
7 8 9 10 11 12 13 4 5 6 7 8 9 10 8 9 10 11 12 13 14
14 15 16 17 18 19 20 11 12 13 14 15 16 17 15 16 17 18 19 20 21 21 22 23 24 25 26 27 18 19 20 21 22 23 24 22 23 24 25 26 27 28 28 29 30 31 25 26 27 28 29 30 31 29 30
October 2024 November 2024 December 2024
S M T W T F S S M T W T F S S M T W T F S
1 2 3 4 5 1 2 1 2 3 4 5 6 7
6 7 8 9 10 11 12 3 4 5 6 7 8 9 8 9 10 11 12 13 14
13 14 15 16 17 18 19 10 11 12 13 14 15 16 15 16 17 18 19 20 21 20 21 22 23 24 25 26 17 18 19 20 21 22 23 22 23 24 25 26 27 28 27 28 29 30 31 24 25 26 27 28 29 30 29 30 31
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APPENDIX C
CONTRACTOR SAFETY PROGRAM
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TH E CITY O F RED LAN D S
CO N TRACTO R SAFETY
PRO GRAM
Rev. June 15, 2021
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TABLE O F CO N TEN TS
I.PO LICY ......................................................................................................................3 II.AU TH O RITY ..............................................................................................................3 III.SCO PE .....................................................................................................................3 IV.D EFIN ITIO N S ...........................................................................................................3 V.RESPO N SIBILITIES ....................................................................................................4 RISK M AN AGEM EN T... … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … 4 PROJEC T M AN AGER (C ITY)… … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … ..5 IN SPEC TOR (C ITY)… … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … ..5 EM PLOYEES (C ITY)… … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … .5 C ON TRAC TOR…………………………………………………………………………………………………………………….5 PROJEC T SAFETY OFFIC IAL……………………………………………………………………………………………………..6 VI.PRO G RAM ..............................................................................................................6 SAFETY PREQ U ALIFIC ATION Q U ESTION N AIRE……………………………………………………………………………..6 APPEAL PROC ESS… … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … 7 C ON STRU C TION PROJEC TS (TIER I AN D TIER II)… … … … … … … … … … … … … … … … … … … … … … … … … … … … … .8 IN SPEC TION S……………………………………………………………………………………………………………………..9 TRAIN IN G/DOC U M EN TATION ………………………………………………………………………………………………...9 N ON -C OM PLIAN C E… … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … 9 C ITY PERSON N EL………………………………………………………………………………………………………………….9 VII.RECO RD KEEPIN G … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … .10 VIII.AD D ITIO N AL REFEREN CES ................................................................................... 10 AC KN OW LEDGM EN T OF REC EIPT (A)… … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … .11 SAFETY PREQ U ALIFIC ATION Q U ESTION N AIRE (B)… … … … … … … … … … … … … … … … … … … … … … … … … … … ..12 N OTIC E OF N ON C OM PLIAN C E (C )… … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … ..13 JOB HAZARD AN ALYSIS (D)… … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … 14 IN C IDEN T IN VESTIGATION FORM (E)… … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … ..15 Redlands Regular Meeting of 09-03-24 1829 of 1977
3 I. Policy
CO N TRACTO R SAFETY PRO G RAM
The purpose of this C ontractor Safety Program (“C SP”) 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 C ity of Redlands (“C ity”). The C ity has a com prehensive and structured approach in outsourcing services perform ed on C ity facilities by third-party persons and entities (“C ontractor(s)”). The first phase of this com prehensive approach includes actively screening C ontractors based on safety records, safety perform ance, and safety com pliance. After the qualified C ontractor is aw arded a contract, the C ontractor m ust then ensure com pliance w ith all local, state, federal and C al/OSHA regulations applicable to the contracted scope of w ork, and requirem ents set forth w ithin this C SP. The C ontractor, its agents, and personnel m ust adhere to the policies and procedures set forth by this C SP and all applicable law s and regulations.
II. Authority
C alifornia C ode of Regulations, Title 8, Section 336.10 “Determ ination of C itable Em ployer” C alifornia C ode of Regulations, Title 8
“Greenbook” Standard Specifications for Public W orks C onstruction Redlands M unicipal C ode
C alifornia Building C ode
III. Scope
This C SP applies to all C ontractors w ho provide or render construction or im provem ent services for C ityow ned property and facilities.
The C ontractor services covered under this C SP include, but are not limited to, the follow ing:
A. N ew construction;
B. Rem odeling;
C. Facility m aintenance or repair;
D. Equipm ent installation or m aintenance; and
E. Services (i.e. janitorial, fleet operations, landscaping, etc.) C onsultants/ Professional service providers are exem pt from having to subm it a Safety Prequalification Q uestionnaire (“SPQ ”), prior to the beginning of w ork, but they are expected to be com pliant w ith industry best practices w ith regards to m aintaining a safe w ork environm ent for their em ployees and others.
IV. D efinitions
A. Contract – any w ritten agreem ent betw een the C ity of Redlands and a C ontractor, to perform a specified scope of w ork on C ity facilities. With respect to this policy, a contract includes, but is not limited to: aw arded purchase orders, bids, and/ or project contracts.
B. Construction W ork – construction, alteration, and/or repair, including painting and decorating.
C. Contractor – a person or entity (including all personnel) aw arded a contract to perform w ork on City property or facilities.
D. D .A.R.T Rate – Injuries and illnesses severe enough to w arrant: Days Aw ay, Restrictions and Transfers. The DART rate is calculated using the follow ing form ula: N um ber of OSHA Recordable injuries and illnesses that resulted in Days Aw ay x 200,000/divided by total hours w orked by all em ployees during the year covered.
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4 E. D esignated W ork Area – an area w here it is necessary to restrict or limit entry or access of nonessential personnel or the public. Exam ples include w ork areas involving rem ediation abatem ent, dem olition, excavation, and overhead lifting.
F. Facilities – any building or property ow ned by the C ity of Redlands.
G. H azard – source or situation w ith a potential for harm in term s of injury or health, dam age to property, dam age to w orkplace environm ent, or a com bination of these.
H. Job H azard Analysis (“JH A”) – a technique that focuses on job tasks as a w ay to identify hazards before they occur. It focuses on the relationship betw een the w orker, the task, the tools, and the w ork environm ent. The objective is to eliminate the risk or to utilize control m easures to reduce the risk.
I. N orth Am erican Industry Classification System (“N AICS”) – is the standard used by Federal statistical agencies in classifying business establishm ents for the purpose of collecting, analyzing, and publishing statistical data related to the U .S. business econom y.
J. N on-com pliance – any deviation from standards, practices, processes, procedures, regulations etc. that could either directly or indirectly lead to injury or illness, property dam age, dam age to the w orkplace environm ent, or any com bination of these criteria.
K. N otice of non-com pliance – form provided to the C ontractor by the C ity alerting the contractor of non-com pliance w ith C ity specifications, C al/OSHA regulations, or any other generally accepted safe w ork practice.
L. N on-com pliant hazardous w ork condition – any hazard that is considered to be non-com pliant with State or Federal safety and health regulations, City specifications, or any inconsistency w ith generally accepted w ork practices.
M. Personnel – all C ontractor em ployees, contractors, sub-contractors and agents provided access to City property or facilities.
N. Recordable Incident – any injury or illness resulting in death, days aw ay from w ork, restricted w ork or transfer to another job, m edical treatm ent beyond first aid, or loss of consciousness per OSHA Section 1904.7(a).
O. Safety Tailgate – inform al safety m eeting generally conducted at the job site prior to the com m encem ent of a job or w ork shift.
P. Services – any and all, labor, duties, functions and activities required to be perform ed by the C ontractor under the contract and any subsequent addenda.
V. Responsibilities
RISK M AN AGEM EN T
A. U pdate, m aintain, and adm inister this C SP;
B. M aintain centralized records of training, site visit data, w ritten program s, tailgate m eetings, perm its, and all other necessary contractor related docum entation;
C. Provide technical assistance to Engineering personnel; D. Attend Pre-construction m eetings and progress m eetings as needed; E. Provide assistance on safety inspections as needed;
F. Review safety subm ittals;
G. Provide guidance on pre-qualification determ ination; and H. Provide training to affected city personnel with responsibilities under this program .
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5 PROJEC T M AN AGER (C ITY)
The Project M anager has the authority to delegate any or all portions of this C SP to subordinates, but the Project M anager w ill be held accountable for their com pliance. The Project M anager shall contact Risk M anagem ent, as necessary, for assistance in relation to this C SP.
A. Ensure safety hazards are addressed in a tim ely m anner; B. C om m unicate safety concerns during pre-construction m eetings and progress m eetings; C. Inform im pacted em ployees of construction activities scheduled in their w ork area; D. Enforce pre-qualification procedures in bidding process; and E. Ensure this C SP is properly executed.
IN SPEC TOR (C ITY)
The C ity of Redlands construction inspector is not a safety professional and w ill only provide “N otice of N onC om pliance” for obvious and serious non-com pliant conditions.
A. To the best of their abilities, inspect w ork sites for safety hazards; B. C om m unicate safety concerns to C ontractor;
C. Provide C ontractor w ith “N otice of N on-C om pliance” w hen serious conditions occur or repeat violations; D. C ollect docum entation needed for construction w orksites; E. Subm it docum entation to Risk M anagem ent for recordkeeping; F. M aintain photo docum entation of safety hazards;
G. N ever enter situations that can harm or endanger him self/ herself; H. N ever use personal protective equipm ent (PPE) or enter situations, w hich they are not trained for; I. C ontact Em ergency M edical Services (911) and Risk M anagem ent in case of em ergency; and J. Attend and com m unicate safety concerns in progress m eetings.
EM PLOYEES (C ITY)
A. Im m ediately notify the Project M anager, inspector, or Risk M anagem ent of any safety related concerns at a C ontractor job site; and
B. C ontact Em ergency M edical Services (911) and Risk M anagem ent in case of em ergency.
C ON TRAC TOR
W here relevant and applicable, the C ontractor’s responsibilities shall include:
A. C om pliance w ith requirem ents and responsibilities detailed w ithin the C ontractor Safety Program ; B. Ensure all local regulatory requirem ents are m et and all necessary perm its are obtained before conducting w ork on behalf of the C ity;
C. Designate a Project Safety Official by nam e w ho shall be available at all tim es to abate safety hazards; D. Ensure all personnel have the appropriate qualifications and training to perform the contracted w ork (C opies of current training docum entation and certifications m ust be on file w ith the C ity); E. Inform C ity Project M anager or inspector of any job site safety hazards or concerns; F. Inform C ity Project M anager if any suspected asbestos-containing m aterial is located; G. C onduct and subm it Job Hazard Analysis (JHA) before w ork and as required by change of tasks; H. C onduct and subm it Safety Tailgates on a bi-w eekly basis; I. Provide all required PPE necessary to conduct w ork safely and in accordance w ith required local regulations;
J. The safety of all individuals w ho enter w ork site; K. Spill cleanup;
L. Im m ediately report any incidents, accidents, near m isses, unsafe conditions, or unsafe acts involving any jobsite personnel;
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6 M. Arrange for the proper storage and rem oval of w aste generated prior to the com pletion of job, and provide confirm ation that the m aterials have been rem oved or disposed of in a m anner com pliant w ith all applicable environm ental regulations;
N. Rem oving all equipm ent used during w ork activities and ensuring proper housekeeping of designated w ork area at the end of each w orkday and upon com pletion of the job; O. C ontact Em ergency Services (911) and Project M anager in the event of an em ergency; and P. For the actions of their subcontractors, as they m ay pertain to this C SP, including their adherence to its contents and review of this docum ent.
PROJEC T SAFETY OFFIC IAL (C ON TRAC TOR)
A. Shall be at the w ork site at all tim es;
B. M ust be thoroughly fam iliar w ith the C ontractor’s Injury and Illness Prevention Program (IIPP) and C ode of Safe Practices;
C. Shall be available at all tim es to abate any potential safety hazards; and D. Shall have the authority and responsibility to shut dow n an unsafe operation, if necessary.
VI. Program
SAFETY PREQ U ALIFIC ATION PROC ESS
A. The safety prequalification process is intended to:
x Provide the C ity w ith know ledge of past and current safety perform ance of C ontractors w orking on City construction projects;
x Im prove C ontractor com pliance w ith C ity safety rules, including safe w ork practices required by applicable regulations and law s; and
x Im prove safety during C ontractor 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 com pleted questionnaire shall be returned and review ed prior to aw arding contract w ork, with supporting inform ation provided as indicated by responses on questionnaire.
D. The SPQ shall be subm itted to: 35 C ajon St., Suite 4 Redlands C a, 92373
Attention: Project N am e-C ontractor N am e-SPQ
E. The follow ing criteria and inform ation relating to the C ontractor w ill be review ed prior to aw arding contract:
x C ontractor License;
x Incident Rates;
x OSHA C itations;
x Safety Policies;
x Safety Program s and Procedures;
x C om pliance History on C ity Projects; and
x C ertification Statem ent.
F. C ontractor m ust qualify in each section to be approved for aw ard of a contract.
G. If a C ontractor fails to pass prequalification procedure, the C ity has the right to disqualify the C ontractor’s proposal.
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7 H. All costs associated w ith com pliance w ith C ity of Redlands prequalification requirem ents shall be at the sole expense of the C ontractor.
I. If a C ontractor provides inform ation that is later determ ined to be false, or im properly w ithholds inform ation, the C ontractor w ill be im m ediately disqualified.
J. Any questions or inform ation relating to filing this questionnaire m ay be answ ered by reaching:
x Engineering: (909) 798-7698; or
x Risk M anagem ent: (909) 798-7514
DISQ U ALIFIC ATION APPEAL PROC ESS
This provision is established pursuant to Public C ontract C ode section 20101(d) w hich requires every public agency that requires prospective bidders to prequalify pursuant to the law to establish “a process that w ill allow prospective bidders to dispute their proposed prequalification rating prior to selection of an alternate bidder.” If the C ity intends to disqualify a bidder based upon the bidder’s safety record, the C ity w ill notify the bidder in w riting and provide the bidder w ith any supporting evidence that has been received from others or adduced as a result of an investigation by the C ity. The notice of intention shall be sent by certified m ail with return receipt requested or by overnight m ail via a delivery service that provides online tracking w hich identifies the date of the prospective bidder’s receipt of the notice, and shall include notice that the bidder has the right to, and m ay request a hearing to rebut any evidence used as a basis for disqualification and to present evidence to the C ity as to w hy the prospective bidder should be found qualified. Requests for a hearing m ust be m ade by w ritten request to the C ity within ten calendar days of the date of the prospective bidder’s receipt of the C ity’s notice of intention. If the bidder does not request a hearing w ithin the tim e allow ed, the C ity’s determ ination shall stand unchallenged and becom e final.
Within seven calendar days of receiving the bidder’s request for a hearing, the C ity shall notify the bidder in w riting of the date, tim e 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 testim ony and docum ents in support of its position.
The hearing shall be conducted before the Redlands C ity M anager, w hich m ay be continued from tim e to tim e as reasonably determ ined by the C ity M anager, but shall not exceed forty five (45) days. At the conclusion of the hearing, and after considering all testim ony and docum entation presented, the C ity M anager shall issue a w ritten decision no later than five calendar days follow ing the hearing. The C ity M anager’s decision shall be final and is not subject to further appeal to the C ity.
The bidder shall not be entitled to bid on any contracts w ith the C ity until it has m et the safety pre-qualification standards. If the C ity M anager approves an appeal, the contractor w ill have been deem ed to m eet the qualification standards and it w ill be valid for one year. The bidder shall have the right to w ithdraw its application for prequalification or its appeal at any tim e before the C ity M anager’s decision becom es final. Such w ithdraw al will not preclude the bidder from re-applying for prequalification.
C ON STRU C TION PROJEC TS
A. After a contract is aw arded, the C ontractor shall m aintain, throughout the duration of the project, safety m easures as necessary to protect the public and w orkers w ithin, or in the vicinity of, the designated w ork zone. This includes an evaluation of the w ork to be perform ed and the hazards likely to be encountered.
C ontractors are expected to follow , at a m inim um , all pertinent law s, rules and regulations for the location in w hich they w ill be w orking. W here applicable, C ontractor Safety Program s w ill m eet or exceed C ity program s/ procedures and are subject to review and approval by the C ity prior to contract execution.
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B. Job Hazard Analysis (“JHA”)
1. Prior to a notice to proceed a JHA m ust be com pleted utilizing the C ity’s form , or equivalent, to assess the hazards present in the designated w ork area. Any inform ation requested on the C ity’s form , but not stated on the equivalent form utilized, shall be provided separately w ith the original subm ission.
2. All m em bers of the construction unit m ust sign the JHA to acknow ledge hazard abatem ent procedures.
3. JHA m ust be kept at job site accessible to all im pacted personnel.
4. Failure to follow JHA procedures m ay lead to term ination of the contract.
C. Personal Protective Equipm ent (“PPE”)
1. All required PPE m ust be w orn at all tim es during w ork activities.
2. All m andatory PPE m ust be highlighted in the JHA.
3. PPE shall be provided by the C ontractor.
4. Failure to follow PPE guidelines m ay lead to term ination of the contract.
D. Safety Tailgates
1. Safety Tailgate M eetings m ust be held on a biw eekly basis for all construction projects.
2. The first m eeting shall take place on Day 1, W eek 1 and every other w eek thereafter.
3. Tailgates shall be signed by all personnel and subm itted to C onstruction Inspector for recordkeeping.
4. Tailgate topics should be specific to the scope of w ork of the project.
E. Injury Reporting
1. C ontractors shall im m ediately report injuries or accidents to the Project M anager (regardless of severity). Additionally, contractors are responsible for and m ust also conduct accident investigations of any injuries that occur on site and provide results to the Project M anager.
2. U se the C ity Incident Investigation Form (Attachm ent E), or equivalent, to m eet this requirem ent.
F. Spill Prevention
1. The C ontractor is responsible for any spill within the confines of the project and those outside of the construction limits caused by the C ontractor’s defective equipm ent, containers, or personnel.
2. Secondary spill containm ent system s shall be used to prevent contam ination of the environm ent.
G. C onstruction in Occupied Buildings
1. When building occupants are present during construction projects additional safeguards m ust be im plem ented to eliminate exposures and com plaints. Dust/ particulates from dem olition, sanding and other construction activities m ust be controlled by adequate ventilation, or containm ent and negative air ventilation system s based upon the specific type of activity and particle. Similar controls m ust be utilized for odorous activities including, but not limited to, carpet adhesive, painting, w elding, and coatings.
2. The C ontractor shall ensure that the HVAC system is protected in order to prevent contam ination.
If an HVAC system is unprotected and contam inated by any construction/dem olition m aterials, the C ontractor shall be held responsible for the cost of cleaning the system and any subsequent repairs therein.
3. N egative air ventilation system s shall have appropriate filtration and be exhausted outside of the building.
IN SPEC TION S
A. Follow up inspections w ill be executed to enforce com pliance w ith safety and health requirem ents.
B. Follow up inspections w ill be conducted as part of routine site inspections by construction inspector and Risk M anagem ent em ployees.
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C. The SPQ aim s to provide the C ity w ith know ledge of C ontractor safety history and safety practices. This minimizes the need for increased frequency of inspections. In addition, the C ity w ill take the follow ing guidelines into consideration w hen determ ining frequency of inspections.
1. Scale of project;
2. The frequency w ith w hich the num ber and types of hazards change as the w ork progresses;