Name of Project:
Project Description:
Amount of Contract: Completion Date:
Total Cubic Yards of Low Perm or Admix Liner:
5. Owner's Name:
Contact Person: Phone: ( )
Address of Owner:
Name of Project:
Project Description:
Amount of Contract: Completion Date:
Total Cubic Yards of Low Perm or Admix Liner:
B. LOW PERMEABILITY BENTONITE ADMIX SUBCONTRACTOR: Bentonite admix subcontractor shall have successfully completed at least one or more successful projects that have included a minimum of 10,000 cubic yards of amending/mixing of bentonite or other low permeability soil with other soil materials to form a low permeability soil barrier layer. Evidence of successful completion with reference phone numbers shall be included with the bid documents. The company listed below shall be the same company that will be performing the bentonite admix work on the CALIFORNIA STREET LANDFILL PHASE 5 EXPANSION PROJECT FCS02172026NA. Listing other companies, joint ventures, or the experience of current personnel performed for other companies in the list below shall be grounds for rejection of the bid. Additional projects necessary to satisfy this requirement can be listed on the back-side of this page or attached to the bid as noted by Bidder.
BD-35
California Street Landfill Phase 5 Expansion Project FCS02172026NA
STATEMENT BY BIDDER CONTINUED
1. Owner's Name:
Contact Person: Phone: ( )
Address of Owner:
Name of Project:
Project Description:
Amount of Contract: Completion Date:
Total Cubic Yards of Bentonite Admix Liner:
2. Owner's Name:
Contact Person: Phone: ( )
Address of Owner:
Name of Project:
Project Description:
Amount of Contract: Completion Date:
Total Cubic Yards of Bentonite Admix Liner:
3. Owner's Name:
Contact Person: Phone: ( )
Address of Owner:
Name of Project:
Project Description:
Amount of Contract: Completion Date:
Total Cubic Yards of Bentonite Admix Liner:
BD-36
California Street Landfill Phase 5 Expansion Project FCS02172026NA
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 BD-37
California Street Landfill Phase 5 Expansion Project FCS02172026NA
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:
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
______
______
______
______
______
______
______
______
______
______
______
______
______
______
______
BD-38
California Street Landfill Phase 5 Expansion Project FCS02172026NA
BID FOR
CALIFORNIA STREET LANDFILL PHASE 5 EXPANSION
RFB PROJECT NUMBER FCS02172026NA
BIDDERS CHECK LIST
(Required Documents for Submittal)
1. Bidders check list completed and signed. ______
2. Bid proposal completed and signed. ______
3. Addenda’s (if any) acknowledged. ______
4. Bid certification attached and signed. ______
5. Bid bond attached and signed. ______
6. Non-collusion Affidavit attached and signed ______
7. Officers of corporation (members of firm) attached and signed. ______
8. Sub-contractors list attached and completed. ______
9. Qualification and experience statement attached and completed. ______
10. Sub-contractors qualification and experience statement attached (for all listed sub-contractors). ______
11. General information filled out and attached. ______
12. Contractors Safety Program (Attachment A and B ONLY) PLEASE DO NOT SUBMIT AN IIPP – SUBMIT ONLY PAGES 11
THROUGH 18 OF CONTRACTOR SAFETY PROGRAM WITH YOUR
BID)
______
Signature
Signatory’s Title
Company Name
PLEASE USE THIS SHEET AS PAGE ONE (1) OF YOUR BID SUBMITTAL.
This checklist shall be completed and signed. Failure to complete the checklist may cause the bid to be rejected at the discretion of the City.
BD-39
California Street Landfill Phase 5 Expansion Project FCS02172026NA
CONTRACT DOCUMENTS
California Street Landfill Phase 5 Expansion Project FCS02172026NA
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California Street Landfill Phase 5 Expansion Project FCS02172026NA
PUBLIC WORKS CONSTRUCTION CONTRACT EXAMPLE
This Public Works Construction contract (“Contract”) made and entered into this ____day of _______, 2026 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 perform all of the work for the following:
CALIFORNIA STREET LANDFILL PHASE 5 EXPANSION – RFB PROJECT NUMBER FCS02172026NA, complete all items as required by the Contract Documents (as herein defined) and Specifications for City’s CALIFORNIA STREET LANDFILL PHASE 5 EXPANSION – RFB PROJECT NUMBER FCS02172026NA, complete.
2. THE CONTRACT SUM: City shall pay Contractor the sum of $_______________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 requirement to be withheld by City pursuant to an escrow agreement as set forth in the Public Contract Code Section 22300.
3. TIME FOR COMPLETION: The Work shall be completed within two hundred ten (210) calendar days from and after the date of delivery to Contractor of a written Notice to Proceed by City.
4. LIQUIDATED DAMAGES: Contractor’s failure to complete the work within the time provided 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:
Execution of the 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 the Contractor to complete the Work within the allowed time. Such sum is for 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 includes all of the Contract documents set forth herein, to wit; Notice Inviting Bids, Instructions to Bidders, Contractor’s Proposal, Bid Bond, Agreement, Performance Bond, Labor and Material Bond, Plans, General Conditions, Special Conditions, Special Provisions and Specifications, and any addenda thereto.
6. ATTORNEYS' FEES: In the event any legal action is commenced to enforce or interpret the terms or conditions of 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.
7. RESOLUTION OF CONSTRUCTION CLAIMS: Claims by Contractor in the amount of $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.
CD 1
California Street Landfill Phase 5 Expansion Project FCS02172026NA
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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above.
City of Redlands
(SEAL) (Owner)
By:___________________________
Mario Saucedo, Mayor
City of Redlands, County of
San Bernardino, California
ATTEST:
____________________________________
City Clerk, City of Redlands
County of San Bernardino, California (SEAL)
_________________________________
Name of Contractor
By:___________________________
Signature of Authorized Agent
___________________________
Title
____________________________
Signature of Authorized Agent (if necessary)
______________________________
Title
___________________________
Contractor's License No.
CD 2
California Street Landfill Phase 5 Expansion Project FCS02172026NA
WORKERS COMPENSATION INSURANCE CERTIFICATION
Description of Contract: City of Redlands
Facilities and Community Services
California Street Landfill Phase 5 Expansion
Project Number: FCS02172026NA
Labor Code, Section 3700, provides, in part that:
"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 in one or more insurer 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.
I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker's compensation or to undertake selfinsurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract. (Labor Code section 1861)
Dated this day of , 2026.
_____________________________________
(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.) CD 3
California Street Landfill Phase 5 Expansion Project FCS02172026NA
FAITHFUL PERFORMANCE BOND
Whereas, the City of Redlands (“City”), State of California, and ______________ (hereinafter designated as "Principal") have entered into an agreement dated _____, 2026 (“Agreement”) whereby Principal agrees to install and complete certain public improvements (the “Work”), which said Agreement is identified as _________________________________ 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 Agreement, 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 Agreement, 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 Agreement in accordance with its terms and conditions; or
2. Obtain a bid or bids for completing the Agreement 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, 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.
CD 4
California Street Landfill Phase 5 Expansion Project FCS02172026NA Surety shall not utilize the Principal in completing the Agreement 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.
The Surety 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.
In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on _______________, 2026.
(SEAL) (SEAL)
(Contractor) (Surety)
BY:
(Signature) (Signature)
Address: _____________________________________
(Seal and Notarial Acknowledgement of Surety) _____________________________________ Telephone: ( )____________________
CD 5
California Street Landfill Phase 5 Expansion Project FCS02172026NA
LABOR AND MATERIAL PAYMENT 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 , 2026, and identified as ____________________ is hereby referred to and made a part hereof; and
Whereas, under the terms of the Agreement, Principal is required before commencing upon the performance of the Work, to file a good and sufficient payment bond with the City of Redlands to secure the claims to which reference is made in Title 3 (commencing with Section 9000) 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 aforesaid 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 9000) 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 _______________________, 2026__.
(SEAL) (SEAL)
(Contractor) (Surety)
BY:
(Signature) (Signature)
Address: _______________________________________
________________________________________
(Seal and Notarial Acknowledgment of Surety) Telephone( ) ___________________________ CD 6
California Street Landfill Phase 5 Expansion Project FCS02172026NA
GENERAL CONDITIONS
California Street Landfill Phase 5 Expansion Project FCS02172026NA
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California Street Landfill Phase 5 Expansion Project FCS02172026NA
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GENERAL CONDITIONS
The Standard Specifications for Public Works Constructions, 2021 Edition (Greenbook), together with supplements as published by Building News, Inc., are modified herein and comprise the Standard Specifications. For convenience, the section and subsection numbering system used in these modifications correspond to those used in the Greenbook. Unless specifically deleted or modified herein, all requirements of the Greenbook shall prevail.
SECTION 1 – TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND
SYMBOLS
1-2 DEFINITIONS.
Agency - Amend as follows:
“... legal entity (City) for which ...”
Bidder - Amend as follows:
“... or combination thereof, licensed in accordance with the provisions of Chapter 9, Division III of the Business and Professions Code, submitting a Bid ...” 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.
Fabricated. An item specifically assembled or made out of selected materials to meet individual design requirements.
Guarantee. See Warranty.
Manufactured. A standard mass-produced unit or item meeting design requirements.
Owner. The City of Redlands, San Bernardino County, California.
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 - Delete and replace with the following:
“Any road, highway, parkway, freeway, avenue, street, lane, alley, crossing, intersection, court, place, circle, walk, way, or any public right-of-way within the jurisdiction of the Agency.” Surety - Delete and replace with the following:
“An admitted corporate surety as listed by the United States Department of Treasury and duly California Street Landfill Phase 5 Expansion Project FCS02172026NA
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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.
SECTION 2 - SCOPE AND CONTROL OF THE WORK
2-4 CONTRACT BONDS. - Add the following sentence to paragraph 1:
The warranty provisions set forth in Section 7-18 shall be secured by the Contract Performance Bond required under this section and said Bond shall remain in full force and effect for a period of one year from the date of completion as specified in the Notice of Completion.
SECTION 3 – LEFT INTENTIONALLY BLANK
SECTION 4 - CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP.
4-1.1 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 Project Manager 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 Project Manager 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.
4-1.11 Warranty of Title. No materials, supplies or equipment for the work under this Contract shall be purchased subject to any chattel mortgage or under a conditional sale contract or other agreement by which an interest therein or any part thereof is retained by the seller or supplier. The Contractor warrants clear and good title to all materials supplied and equipment installed and incorporated in the work and agrees, upon completion of all work, to deliver the premises, together with all improvements and appurtenances constructed or placed thereon by him, to the Owner free from any claims, liens, encumbrances or charges, and further agrees that neither he nor any person, firm, or corporation furnishing any material or labor for work covered by the Contract shall have any right to a lien upon the premises or any improvement or appurtenance thereon, provided that this shall not preclude the Contractor from installing metering devices or other equipment of utility companies the title of which is commonly retained by the utility company. Nothing contained in this article, however, shall defeat or impair the right of such persons furnishing materials or labor under any bond California Street Landfill Phase 5 Expansion Project FCS02172026NA
GC 3
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. 4-1.12 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.
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SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE 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, …”
6-7 TIME OF COMPLETION.
6-7.1 General. - Add the following sentence:
The time of completion of the Contract shall be expressed in consecutive calendar days. 6-8 COMPLETION, ACCEPTANCE AND WARRANTY.
6-8.2 Acceptance. - Add the following paragraphs:
The Contractor shall submit written assertion that the work has been completed prior to the Project Manager making final inspection. The Project Manager will have 48 hours to inspect the work. If the Project Manager determines that the work is not complete, written notice will be given.
Until final acceptance of work by the Project Manager, 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 California Street Landfill Phase 5 Expansion Project FCS02172026NA
GC 4
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.
6-8.3 Warranty. - Amend the following:
Amend the first sentence of the paragraph 3:
“... 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. 6-9 LIQUIDATED DAMAGES. The value of liquidated damages noted in this section is amended to $500.00 per day.
6-11 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 California Street Landfill Phase 5 Expansion Project FCS02172026NA
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enclosed in a sealed envelope addressed to said Contractor at the address established for the conduct of work under this Contract, certified and with postage prepaid.
Notice shall be given to the Surety, or any other person, by personal delivery to said Surety or other person, or by depositing the same in the United States Mail, enclosed in a sealed envelope addressed to such Surety or persons at the address of said Surety or persons last communicated by him to the party giving the notice, certified and with postage prepaid.
Notice shall be given to the Owner by personal delivery thereof or by depositing the same in the United States Mail enclosed in a sealed envelope, certified and with postage prepaid. The address of record for the owner is:
City of Redlands
Facilities and Community Services
P.O. Box 3005
35 Cajon Street, Suite 222
Redlands, CA 92373
6-12 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.
California Street Landfill Phase 5 Expansion Project FCS02172026NA
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SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR
7-1 CONTRACTOR’S EQUIPMENT AND FACILITIES. - Add the following paragraph:
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. 7-1.1 General. Add the following paragraph:
The enclosed toilets required by this section shall be located on the jobsite as approved by the Project Manager. Use of these facilities shall be at no cost to the Contractor's employees or Owner's representatives. The Contractor shall include in its Bid all costs for these facilities. 7-2 LABOR. - Amend the following:
7-2.1 General. - Add the following paragraphs:
The Contractor shall comply with Section 1777.5 and 1777.7 of the California Labor Code relative to an approved Apprenticeship Training Program.
The Contractor shall submit certified payrolls to the Owner on a weekly basis. Certified Payroll and Fringe Benefit Statements shall comply with all provisions as required by State and Federal law.
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 and the United States Department of Labor in determining the acceptability of certified payroll submittals before release of withheld progress payments.
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. 7-2.2 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.
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.
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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 all State and Federal 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. 7-4 WORKERS’ 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.
7-5 PERMITS. - Amend the following:
Amend the first sentence of paragraph 1 as follows:
“The Contractor will obtain all permits necessary to perform the work ...” Add the following paragraph:
The Contractor shall, prior to the start of work, procure all permits and licenses, including but not limited to, a City Business License for itself, subcontractors, and all parties performing actions associated with this contract within the City of Redlands, City Truck Route Permit, City Street/Lane Closure Permit, City Encroachment Permit, USA Verification Number, DOSH Excavation Permit, other permits required by agencies and/or utilities having jurisdiction on the work, pay all charges and fees required by the City, other agencies and utilities, and give all notices necessary and incidental to the due and lawful prosecution of the work.
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7-7 COOPERATION AND COLLATERAL WORK. - Add the following paragraphs:
During work on this project, various entities may perform work on their facilities within the project limits. No additional contract time or compensation for delays and/or coordination shall be allowed.
7-8 WORK SITE MAINTENANCE.
7-8.1 General. - Amend the following:
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. 7-8.2 Air Pollution Control. – If Applicable, add the following paragraphs:
Dust control shall be performed in accordance with Subsection 7-8 of the Standard Specifications, South Coast Air Quality Management District (SCAQMD) Rule 403, the general Provisions and the following Provision.
Dust resulting from the Contractor’s performance of the work, either inside or outside, the right-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 a long-haul roads shall be approved by the Project Manager 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 Project Manager 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. 7-8.4.1 General. - Add the following paragraphs:
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 California Street Landfill Phase 5 Expansion Project FCS02172026NA
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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.
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.
7-8.6 Water Pollution Control. – If Applicable, Amend the following:
Add the following sentence to paragraph 1:
The Contractor shall follow the City's guidelines for Storm Water Pollution Prevention in providing storm water pollution control at the project site, including the implementation of approved Erosion/Sediment Control Plans during construction as well as the implementation of approved Water Quality Management Plans.
Add the following paragraphs:
Construction activities disturbing 1 acre or more of land shall comply with the State Water Resources Control Board’s NPDES General Construction Storm Water Permit. A copy of the Notice of Intent (NOI) to include the Waste Discharge Identification (WDID) number shall be submitted as part of the Storm Water Pollution Prevention Plan (SWPPP) to the Project Manager for review. Call (909) 782-4130 for NOI/WDID information.
All projects requiring grading shall submit to the City for review and approval an Erosion/Sediment Control Plan and a Grading Plan. Permit(s) will not be issued until plans are approved and may be revoked if work required in these specifications are not complied with.
Construction sites shall be maintained by implementation of BMPs in such manner that pollutants are not discharged from the site to the maximum extent practicable. A few references available to help with selection and implementation of applicable BMPs are:
1. California Storm Water Best Management Practice Handbook, American Public Works Association, March 1993;
2. The Construction Site Best Management Practices Manual, November 2000;
3. Storm Water Pollution Prevention Plan and Water Pollution Control Program Preparation Manual, November 2000;
4. California Regional Water Quality Control Board’s San Francisco Bay Region, Guidelines for Construction Projects; and
5. California Regional Water Quality Control Board’s San Francisco Bay Region, Erosion and Sediment Control Field Manual, July 1999.
All discharges into the storm drain system are prohibited except for potable water, properly treated discharge, and those discharges specifically approved by the Project Manager. The following are some of the prohibited discharges:
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1. Discharges that could have an impact on human health or the environment, cause or threaten to cause pollution, contamination, or nuisance;
2. Discharges that exceed any applicable water quality standard contained in a statewide Water Quality Control Plan or local Basin Plan; and
3. Discharges containing hazardous substances equal to or in excess of a reportable quantity listed in Federal regulations 40 CFR, Parts 117 and 302.
Materials that can cause or contribute to pollution or a violation of any applicable water quality standard include, but are not limited to: sediments; solid or liquid chemical spills; wastes from paints, stains, sealants, glues, limes, pesticides or herbicides and wood preservatives or solvents; asbestos fibers, paint flakes or stucco fragments; fuels, oils, lubricants or hydraulic, radiator and battery fluids; fertilizers; vehicle and equipment wash water or concrete wash water; concrete, detergent or floatable wastes; wastes from any engine and equipment steam cleaning or chemical degreasing; and chlorinated potable water line flushings.
Unless exempted or authorized by an NPDES permit, all non-storm water discharges require prior approval by the Project Manager or the State Water Resources Control Board with Project Manager approval.
During construction, temporary storage of such materials as identified above, must occur in a designated area physically separated from potential storm water runoff, with ultimate disposal in accordance with local, state and federal requirements.
De-watering of contaminated groundwater or discharging contaminated soils via surface erosion is prohibited.
Unless indicated otherwise by the Project Manager, all projects, regardless of size, shall submit for review and approval, a Water Quality Management Plan (WQMP). The WQMP shall consist of post construction BMPs which shall remain in effect throughout the life of the facility. Refer to WQMP guidelines.
7-8.7 Temporary Lights, Power and Water. If Applicable, 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 Construction Meter Agreement. 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. 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. – If Applicable, Amend the following:
Amend the first sentence of paragraph 2 as follows:
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“The Contractor shall relocate, re-establish, repair or replace all existing improvements within the work limits or right-of-way which are not designated for removal (e.g., sprinkler systems, curbs, sidewalks ...”
Amend the last sentence of paragraph 2 as follows:
“Relocations, re-establishments, repairs and replacements ...” Amend paragraph 6 as follows:
“... protecting, removing, restoring, relocating, repairing, replacing or re-establishing existing improvements ...”
Add the following paragraphs:
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.
7-10 PUBLIC CONVENIENCE AND SAFETY.
7-10.1.1 Vehicular Access. - Add the following paragraphs:
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. 7-10.1.2 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.
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7-10.2.2.1 General. Delete and replace with the following:
If Applicable for crane use, 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 Project Manager, 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.
7-11 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 Project Manager, do one of the following:
A. Secure for the City the right to continue using goods and/or processes by suspension of the injunction or by procuring a license(s);
B. Replace said goods and/or processes with non-infringing goods and/or processes; C. Modify said goods and/or processes so that they become non-infringing; or D. Remove said goods and/or processes and refund the sum paid therefore without prejudice to any other rights of the City.
The preceding shall not apply to any goods manufactured to the detailed design of the City contained in the Contract Documents.
7-12 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 California Street Landfill Phase 5 Expansion Project FCS02172026NA
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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. 7-15 CONTRACTOR’S RESPONSIBILITY.
7-15.1 Responsibility for Damage. The Contractor shall indemnify, defend and hold harmless the City, its elected officials, officers, agents and employees from every claim or demand made and every liability, loss, damage or expense of any nature whatsoever including attorneys’ fees and costs which may be incurred by reason of:
(a) Liability for damages for (1) death or bodily injury to persons; (2) injury, loss or theft of property; and (3) any other loss, damage or expense arising from either one or two above, sustained by the Contractor or any person, firm or corporation employed by the Contractor upon or in connection with the work, except for the liability resulting from the sole negligence or willful misconduct of the City, its elected officials, officers, employees and agents who are directly employed by the City; 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, whether said injury or damage occurs either on or off City property, if the liability arose from negligence or willful misconduct of anyone employed by the Contractor either directly or California Street Landfill Phase 5 Expansion Project FCS02172026NA
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by independent contract; and
(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, 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. 7-15.2 Responsibility for Work and Work Site. Except as provided above, until 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 thereof, except such injuries or damages occasioned by act of the federal government or public enemy.
The City 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 Contractor’s 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 the Contractor’s property and material shall be the Contractor’s responsibility. 7-16 NO PERSONAL LIABILITY.
Neither the City Council, the Project Manager, the Consultant, nor any other officer or authorized assistant or agent shall be personally responsible for any liability arising under the contract. 7-17 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 nonexecution of the Work. The Contractor shall rebuild, repair, restore, and make good all injuries or damages to any portion of the work occasioned by any of the above causes before final acceptance and shall bear the expense thereof, except such injuries or damages occasioned by act of the federal government or the public enemy.
The City of Redlands shall not be held responsible for the care or protection of any material or parts of the work prior to final acceptance, except as expressly provided in these specifications.
The City shall not be responsible for security of the Contractors equipment or materials at the site.
The City will not be responsible for theft or damage to any property or materials of the Contractor.
Security for Contractor’s property shall be the responsibility of the Contractor.
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7-18 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 their 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.
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.
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7-19 NOTIFICATION OF RESIDENTS/BUSINESSES.
The Contractor shall notify all residents, firms, institutions, agencies, and utility companies which may be affected by the work. Notification shall be by hand delivery of an approved notice within the project limits approved by the City. The distribution of the notifications shall be at least two (2) days for residents and seven (7) days for businesses, in advance of any activity which may impact the property. Activities impacting said properties and, therefore, requiring the above said notices include the following: the work itself, closure or partial closure of the street, disallowance of street parking and disallowance of vehicular ingress to or egress from the property.
Said firms, institutions, agencies, and utility companies which must be notified of proposed work shall include, but are not limited to the following: public schools, private schools, day care centers, postal service, hospitals, governmental services, police department, fire department, ambulance services, Omnitrans, solid waste collection, and City street sweeping.
The proposed notice shall be submitted to the Project Manager at least seven (7) calendar days prior to the date of distribution for review and approval. The submittal shall also include a map identifying the limits of the work and proposed limits of distribution. The printed notices shall contain a general description of the work to be done, the name of the street with limits, the day and date of the work and the name and telephone number of the Contractor.
The notice shall also include a statement that there will be no disruption of trash collection schedules and that trash should be set out by 6:00 a.m. on the scheduled day of pickup. If on-street parking will be affected the notice shall include a statement that no on-street parking will be allowed between the hours of 7:00 a.m. and 5:00 p.m. on the day of work, and a statement that it will be necessary to tow away parked vehicles at the owner's expense per California Vehicle Code CVC 22651L and CVC 22654D.
If on-street parking is affected, the Contractor shall also post pre-approved "NO PARKING-TOW WAY" signs on 1 x 2 wood stakes or barricades at one hundred foot (100’) maximum spacing along the affected areas of the street, 48 hours prior to the start of the work.
The "NO PARKING-TOW AWAY" signs shall contain the day, date, and hours that parking will be prohibited on that particular street and a statement that parked vehicles will be towed away at owner's expense per California Vehicle Code CVC 22651L and CVC 22654D. The Contractor shall maintain said signs throughout the day of work, and shall start the removal of said signs by 4:00 p.m. and complete the removal by 6:00 p.m. on said day of work or as otherwise directed by the Project Manager.
The Contractor shall document the day, date, and time the signs are installed because the no parking restriction cannot be enforced until the signs have been in place 24 hours. Posting of signs on trees, utility poles, light standards and other existing parkway improvement is strictly forbidden.
In the event scheduled work is delayed, the Contractor shall immediately remove all "NO PARKING" signs. The contractor must notify all previously notified, in person and with printed notices, that the work will be rescheduled and that they will be re-notified 48 hours in advance. The Contractor shall California Street Landfill Phase 5 Expansion Project FCS02172026NA
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have an adequate supply of approved notifications for distribution to residents.
Full compensation for conforming to these requirements shall be considered as included in the various Contract items of work involved, and no additional compensation will be allowed therefore.
Failure to comply with this section shall result in a penalty assessment imposed of up to $10,000 per violation at the City’s discretion.
SECTION 8 - FACILITIES FOR AGENCY PERSONNEL
This section is deleted in its entirety.
SECTION 9 - MEASUREMENT AND PAYMENT
9-3 PAYMENT.
9-3.2 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 Project Manager during the pre-construction meeting. Payment, less deductions, unearned work and retention, will be made within 30 days of the closure date. If a dispute exists between the City and the Contractor regarding an item included in the Contractor's Monthly Progress Payment Request, progress payments will be withheld until said dispute is resolved, in which case longer period of time will be required to make such payment.
No such payment shall be required to be made, when in the judgment of the Project Manager, the total value of the work since the last estimate amounts to less than $500.
If, in the opinion of the Project Manager, work is not progressing according to the approved schedule, payments may be withheld until the Contractor returns to the approved schedule.
The originals of certified payrolls are to be submitted to the Project Manager within 10-calendar days of the closing of each pay period for the contractor. No progress payment will be made to the contractor, unless the certified payrolls are submitted to the Project Manager for that particular pay period for which the progress payment is requested. The certified payroll shall include all personnel who worked on the project during that particular pay period.
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 California Street Landfill Phase 5 Expansion Project FCS02172026NA
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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 Project Manager, the Project Manager 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. 9-3.3 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. 9-3.5 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 and documented via CHANGE ORDER in writing by the Project Manager and the price is stated in such order. 9-3.6 Claims for Extra Costs. No claim for extra work or cost shall be allowed unless the same was done in pursuance of a written Change order by the Project Manager, as aforesaid, and the claim presented with the first estimate after the changed or extra work is done. When work is performed under the terms of the General Conditions, the Contractor shall furnish satisfactory bills, payrolls, and vouchers covering all items of cost and when requested by the City, give the City access to accounts relating thereto.
After completion of the work to the satisfaction of the Project Manager, the Project Manager 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 10 - ASSIGNMENT OF UNFAIR BUSINESS PRACTICES CLAIMS 10-1. In entering into a public works contract or a subcontract to supply goods, services, or materials California Street Landfill Phase 5 Expansion Project FCS02172026NA
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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.
California Street Landfill Phase 5 Expansion Project FCS02172026NA
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SPECIAL CONDITIONS
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SPECIAL CONDITIONS
SECTION 1.0 - SCOPE OF WORK
The Work to be performed hereunder includes the furnishing of all labor, materials, equipment and appurtenances, unless herein specifically accepted, necessary for the complete and satisfactory construction of the CALIFORNIA STREET LANDFILL - PHASE 5 EXPANSION PROJECT, PROJECT NO. FCS02172026NA.
The Work shall consist of excavating existing grades to design elevations and contours; stockpiling and processing/importing soils (including amending and moisture conditioning); exposing existing liner terminations for tie-in and disposal of incidental waste (if encountered); constructing a one-foot-thick clay low permeability layer after completion of a test pad to demonstrate suitability of materials, procedures, and workmanship; installing geosynthetics; excavation of geosynthetic anchor trenches and preparation of liner terminations; laying out and placing leachate collection and recovery system trenching, piping, and gravel; placing operations/protective soil over the geosynthetics; and placing the temporary LLDPE geomembrane and ballast system over side slope geosynthetics that will not initially receive operations layer soil.
Work will also include establishing all site traffic controls to prevent interference with City waste management traffic, complying with relevant local, state, and federal environmental and safety standards, completing required surveys, assisting with geoelectric leak location survey, and placing erosion control measures.
The Contractor shall, upon completion of the work required herein, initially operate (as necessary) 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 a complete and correctly operating systems.
SECTION 2.0 - WORK SITE
The work shall take place at the California Street Landfill at 2151 Nevada Street, Redlands, California.
SECTION 3.0 - CONTRACT DRAWINGS
A. The following contract drawings are made a part of these Contract Documents:
Construction Drawings (24” x 36”)
Title Drawing No.
Title Sheet G01
Existing Conditions and Site Plan G02
Bottom of Low Permeability Layer Excavation Plan C01
Top of Low Permeability Layer and LCRS Plan C02
Stockpile Plan C03
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Details C10
Details C11
Details C12
Details C13
Details C14
B. The contract drawings listed above may be preliminary in nature pending regulatory review.
Changes to the drawings, if required, will be issued as part of an addendum.
SECTION 4.0 - TIME OF COMPLETION
Attention is directed to section 6-7.1 of the General Conditions. The time of completion for all work under this Contract shall be two hundred ten (210) calendar days from the date in the Notice to Proceed.
SECTION 5.0 - WORKING DAYS AND WORKING HOURS
Working days are Monday through Friday excluding City recognized holidays. A City of Redlands Construction Workday Calendar is included in Appendix. Working hours shall be limited to between 7:00 A.M. and 6:00 P.M. during working days only. Deviation from normal working days or working hours will not be allowed without the prior written consent of the Engineer.
If the Contractor is forced to work outside the normal working hours due to his negligence, or as directed by the Engineer as a matter of public safety or to insure the quality of the work, a project administration fee will be levied against the Contractor at the rate of $50 per hour, for a minimum of 4.0 hours, including travel time where applicable, except when the work is an uninterrupted continuation of a regular working day, in which case a minimum of 1.0 hour charge will be imposed.
Nothing in this section shall be construed as an authorization to the Contractor to perform any work outside the normal working days or working hours, and/or perform such work without the presence of an authorized City representative.
SECTION 6.0 - CONSTRUCTION STAKING
Attention is directed to Division 1 – General Requirements, Section 01052.
SECTION 7.0 - SPECIFICATIONS AND DRAWINGS FURNISHED TO CONTRACTOR The Owner will furnish to the Contractor (5) five sets of specifications and drawings.
Additional quantities of specifications and drawings will be furnished at reproduction cost.
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SECTION 8.0 - UTILITIES
The Contractor shall provide all water, power and other utilities required to perform the work as set in Section 7-8.5 in the General Conditions. A water supply will be available from fire hydrants located near the pipeline alignment.
Water will be supplied at no cost to the Contractor. The Contractor shall have the responsibility for transporting water to the job site.
SECTION 9.0 - SCHEDULING AND ORDER OF WORK
At the pre-construction meeting, the Contractor shall submit a detailed construction schedule indicating from the beginning of the job to the final cleanup, the various phases of the job and the dates during which period this portion of the work shall be done. The schedule shall be approved by the Engineer and shall be adhered to during construction. It shall include the time schedule indicating the beginning date and the completion date for various phases of work. Acts of nature shall be the only cause for varying form this schedule. Monthly updates or more frequent if required, shall be prepared and submitted.
A schedule of shop drawings and sample submittals shall be prepared, which lists each required submittal and the times for submitting. This schedule shall be updated bi-weekly until all shop drawings are approved.
SECTION 10.0 - SHOP DRAWINGS
(a) Wherever called for in these specifications or on the Drawings, or where required by the Engineer, the Contractor shall furnish to the Engineer for review, shop drawings in sufficient copies as mutually agreed upon at the pre-construction conference. The term “shop drawing” as used herein shall be understood to include detail design calculations, fabrication and installation drawings, lists, graphs, operating instructions, etc. Unless otherwise required, said drawings shall be submitted 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. (b) All shop drawings shall be marked with the name of the Project, Owner and Contractor, shall be numbered consecutively, and shall be referenced to the Drawings or Specification section affected.
(c) All shop drawings submitted by the Contractor shall contain an indication of review and approval by the Contractor. Said notation shall indicate that the items shown on said shop drawings conform to the Specifications and Drawings and/or are satisfactory and adequate for the intended use.
(d) Except as may otherwise be provided in the Special Provisions, the Engineer will return prints of each shop drawing to the Contractor, with his comments noted thereon, within 15 calendar days following their receipt at this office. It is considered reasonable that the Contractor shall make a completed and acceptable submittal to the Engineer by the second submittal of drawings.
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The Owner reserves the right to withhold monies due the Contractor to cover additional costs of the Engineer’s review beyond the second submission.
(e) If shop drawings are returned to the Contractor marked “NO EXCEPTIONS TAKEN”, formal revision and re-submittal of said drawing will not be required. (f) If shop drawings are returned to the Contractor marked “REVISE AND RESUBMIT”, the Contractor shall revise said drawings and shall resubmit the specified copies of said revised drawings to the Engineer.
(g) If shop drawings are returned to the Contractor marked “REJECTED”, the Contractor shall revise said drawings and shall resubmit the specified copies of said revised drawings to the Engineer.
(h) Fabrication of an item shall not be commenced before the Engineer has reviewed the pertinent shop drawings and returned copies to the Contractor marked either “NO EXCEPTIONS TAKEN”, “MAKE CORRECTION NOTED”, or “REVISE AND RESUBMIT”. Revision indicated on shop drawings shall be considered as changes necessary to meet the requirements of the Contract Drawings and Specifications and shall not be taken as the basis of claims for extra work. The Contractor shall have no claim for damages or extension of time due to any delay resulting from the Contractor’s having to make the required revisions to shop drawings (unless review by the Engineer of said drawings is delayed beyond a reasonable period of time and unless the Contractor can establish that the Engineer’s delay in review actually resulted in a delay in the Contractor’s construction schedule).
(i) The review of said drawings by the Engineer will be limited to checking for general agreement with the Specifications and Drawings and shall in no way relieve the Contractor of responsibility for errors or omissions contained therein, nor shall such review operate to waive or modify any provisions contained in the Specifications or Contract Drawings. Fabricating dimensions, quantities of material, applicable code requirements, and other Contract requirements shall be the Contractor’s responsibility.
(j) Contractor shall furnish City (as a minimum) the following data:
(1) Detailed Shop Fabrication Drawings for All Piping, Fittings, Valves and Appurtenances.
(2) All data required by Contract Documents including, but not limited to approved trench protection plan, construction schedule, and all other permits, certificates, and licenses required of him by law for the excavation of the work.
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SECTION 11.0 - PRECONSTRUCTION MEETING AND PROGRESS MEETINGS 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 City Staff.
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 Special Provisions shall be submitted by the Contractor at the time of the meeting.
Progress meetings will be scheduled by City Staff. 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 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 City Staff. The Contractor may request, in writing, that a meeting be held. City Staff will schedule a meeting at the Contractor’s request not more than five working days after receiving said written notice.
SECTION 12.0 – SAFETY
See Exhibit D – Contractor’s Safety Program
SECTION 13.0 EXAMINATION OF PLANS, SPECIFICATIONS AND SITE OF WORK The Bidder shall examine carefully the site(s) of work contemplated. 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 material s to be furnished; and as to the requirements of the bid Proposal, plans and specification.
SECTION 14.0 - PERMITS, CERTIFICATES, LAWS, AND ORDINANCES Contractor shall, at his own expense, procure all other permits, certificates, and licenses required of him by law and by Section 7-5 of the General Conditions for execution of the work.
Contractor shall comply with all Federal, State, and local laws, ordinances, or rules and regulations relating to the performance of the work.
SECTION 15.0 - AS BUILT DRAWINGS
Except where as otherwise provided, the Contractor shall maintain, on the job site, a set of full-size reproducible contractor drawings, or a set of full-size blueline or blackline prints. On these he shall mark all as-built conditions, locations, configurations and other details which may vary from the details represented on the original drawings. This matte master record of as-built conditions, including all revisions made necessary by addenda, change orders, and the like shall be maintained up-to-date during the progress of the work.
Upon completion of the work and prior to final acceptance, the complete set of contract drawings, marked up to show as–built conditions, shall be delivered to the Owner.
SECTION 16.0 - COMPLIANCE WITH CONTRACT DOCUMENTS
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Contractor shall comply with all instructions of Owner to ensure compliance with the Contract Documents, including timely completion of work each day, backfilling trenches each day, and dust control. If Contractor does not comply with the Contract Documents, then Owner may provide the required labor, materials, and equipment to perform the same and shall deduct the cost form monies otherwise due under the Contract.
SECTION 17.0 - PRESERVATION OF PAVED SURFACES, ENVIRONMENTAL
FACTORS, RESTORATION OF WORK SITES, AND DISPOSAL OF SPOIL AND WASTE
MATERIALS
(a) Access to work site is by paved public roads. Contractor shall utilize said roads in such a manner as to not damage the existing roads or the adjacent property. Any damage to said roads shall be repaired by Contractor to the satisfaction of the agency having jurisdiction over roadway. (b) Work shall be performed to prevent fires, air pollution, and noise. Said prevention shall apply to travel on access road as well as on the work site. In addition, all equipment shall be provided with spark arrestors.
(c) Contractor shall not perform work outside the work site limits (as shown by existing road right-of-way on the construction drawings) and shall not leave said work site except when entering or leaving the area via the paved public roads. All areas adjacent to or in the vicinity of the work site shall be restored to pre-job conditions and shall meet all requirements of Owner.
Contractor is obligated to keep visual impacts for the work sites to a minimum; therefore, Contractor is required to restore all areas altered by construction to near pre-construction conditions. Such areas shall include, but shall not be limited to, areas used for travel, parking, and storage of vehicles, equipment, and materials.
(d) Contractor shall be responsible for the proper disposal of all waste materials resulting from his operations, including rubbish and packaging material, in a manner and location suitable to the Owner. Contractor shall clean work site and remove all trash and rubbish from premises a minimum on one time per week. Material and equipment including mounds of earth and other debris, shall be stored on the job site only as needed and removed from the site daily, or as soon as they are no longer necessary, as determined by City Staff. All cleanup cost shall be included in the Contractor’s bid.
(e) Contractor shall also take all necessary precautions to control dust created by construction operations. Contractor shall be especially diligent in implementing his dust control program and he shall be prepared to respond immediately and positively to any instructions for corrective action given by Owner. Contractor shall use dust palliatives if necessary to satisfactorily control dust; however, Contractor shall secure Owner approval for use of dust palliatives other that water.
SECTION 18.0 - MAINTENANCE AND GUARANTEE
(a) The Contractor shall guarantee the entire work constructed by him under the Contract to be free of defects in materials and workmanship for a period of (1) one year following the date of acceptance of the work by the City. The Contractor shall agree to make, at his own expense, any SC 7
repairs or replacements made necessary by defects in materials and workmanship which become evident within said guarantee period. The Contractor shall further agree to indemnify and hold harmless the City, the Consultant, Engineer, and their officers, agents, and employees against and from all claims and liability arising from damage and injury due to said defects. The Contractor shall make all repairs and replacements promptly upon receipt of written order from the Engineer or Owner. If the Contractor fails to make the repairs and replacements promptly, the Owner may do the work and the Contractor and his surety shall be liable to the Owner for the cost of such work. (b) The Guarantee and conditions specified in Subsection (a) above, shall be secured by a surety bond which shall be delivered by the Contractor to the Owner prior to the date on which final payment is made to the Contractor. Said bond shall be in an approved form and executed by a surety company or companies satisfactory to the Owner, in the amount of 10 percent of the Contract price, or $1,000, whichever is greater. Said bond shall remain in force for the duration of the guarantee period specified in Subsection (a). Instead of providing such a bond as described, the Contractor may, at his option, provide for the faithful performance bond furnished under the Contract to remain in force for said amount until the expiration of said guarantee period.
GENERAL REQUIREMENTS
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.
END OF SECTION
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SECTION 01251 CHANGE ORDER REQUESTS
GENERAL
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.
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
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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.
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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 supersede 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
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2. Compensation and General Liability Insurance but shall not include Automobile Liability Insurance or any other insurance costs). A detailed breakdown of those 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.
3. 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.
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4. 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.
5. 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.
6. 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 $10,000. 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.
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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, 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.
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7. 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.
8. 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.
9. 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.
10. 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.
11. When the “Daily Extra Work Report” is signed by the Inspector and the Contractor, it is binding on the Contractor and its Subcontractors.
12. 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.
GR-9
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 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.
GR-10
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 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.
GR-11
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, 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.
GR-12
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.
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.
GR-13
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.
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
2. 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.
GR-14
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:
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.
GR-15
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:
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.
GR-16
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 Contractors 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 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.
GR-17
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
GR-18
SECTION 01721 MOBILIZATION
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:
Obtaining all permits, licenses, insurance, and bonds. Providing copies to the ENGINEER.
Moving onto the Jobsite all of CONTRACTOR’S plant and equipment as required.
Erecting temporary buildings and other construction facilities.
Installing temporary construction power and wiring.
Establishing fire protection system for its temporary facilities.
Developing construction water supply.
Providing field office trailers for the CONTRACTOR, complete with all specified equipment, furnishings, utility services and required approvals from the CITY.
Providing sanitary facilities or connecting to onsite sanitary facilities as specified.
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.
GR-19
Arranging for, and erection of, CONTRACTOR’S work and storage yards and sheds.
Submitting all required Subcontractor insurance certificates and bonds.
Posting all CAL/OSHA required notices and establishment of safety programs.
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
GR-20
SECTION 01722 SURVEYING
PART 1 - GENERAL
A. General
The CONTRACTOR shall be responsible for all surveys required to layout the Work and for the accuracy of all survey work for construction. The CONTRACTOR shall include the cost of all such survey work in their Bid.
The CONTRACTOR shall have all construction surveying performed by a `Licensed Land Surveyor' or a `Civil Engineer’ registered by the State of California to perform such work. The ENGINEER reserves the right to verify all survey work done by the CONTRACTOR.
The CONTRACTOR shall preserve the initial survey control points for the duration of their usefulness. Monumentation that is subject to disturbance or destruction shall be located and referenced prior to construction and relocated and referenced if necessary after construction, in accordance with the following requirements.
B. Construction Surveys
The CONTRACTOR shall provide all reference stakes and form checks necessary for construction and inspection of improvements. All construction staking shall be documented in cut sheets and provided to the ENGINEER. This staking may include but is not limited to: removals, joins, rough grade, slope, utilities, storm drains, sewers, curbs, walks, paving, wall and building stakes; and any other staking necessary for construction and inspection.
C. Reference Or Grade Stakes
A reference or grade stake shall be set for each grade change or angle point shown on the plan, standard plan, and shop drawing, in addition to the normal staking interval.
D. Form Checks
Forms shall be checked when durable points may be disturbed, removed, or are impractical to be used to verify the design location. The measured location shall be recorded in the survey field notes. All variations from the plan location shall be brought to the attention of the ENGINEER.
GR-21
E. Staking Intervals And Offset Stake Lines
All staking intervals shall be in accordance as directed by the Engineer. Stake lines shall be set at an offset distance from the improvement to ensure proper grade, station, and alignment.
F. Utility Stakes
The CONTRACTOR shall provide stakes for all utilities, public or private, that require location or relocation, unless otherwise stated.
G. Additional Survey Work
The CONTRACTOR may be required to furnish additional survey work, such as profiles, restakes, Change Orders, etc., at the request of the ENGINEER or the INSPECTOR.
Accuracy
The CONTRACTOR shall use appropriate surveying methods to obtain the following standards: For fixed works (i.e. cast-in-place concrete; asphalt pavement, pipes and drains; and other items determined by the ENGINEER) the following survey standards shall be used. The absolute horizontal accuracy, in relationship to the Engineer’s control, shall be such that the semimajor axis of its 95% error ellipse is ±0.015 foot or less. The absolute vertical accuracy, in relationship to the Engineer’s control, shall be such that its standard deviation is ±0.015 foot or less. The relative horizontal accuracy of survey points within the Project shall be such that the semimajor axis of its 95% error ellipse is ±0.015 foot or less. The relative vertical accuracy of survey points within the Project shall be such that its standard deviation is ±0.015 foot or less.
For excavation purposes, the following survey standards shall be used. The absolute horizontal accuracy, in relationship to the Engineer’s control, shall be such that the semimajor axis of its 95% error ellipse is ±0.1 foot or less.
The absolute vertical accuracy, in relationship to the Engineer’s control, shall be such that its standard deviation is ±0.1 foot or less. The relative horizontal accuracy of survey points within the Project shall be such that semimajor axis of the 95% error ellipse is ±0.1 foot or less. The relative vertical accuracy of survey points within the Project shall be such that its standard deviation is ±0.1 foot or less.
GR-22
H. Survey/Inspector
The CONTRACTOR shall provide to the INSPECTOR those measurements and control points necessary to determine the location and conformance to the plan, line, and grade of the improvements necessary for inspection purposes.
I. Survey Notes
The CONTRACTOR shall supply and keep notes on CITY standard format note sheets. The ENGINEER may request copies of, and otherwise review, survey notes at any time during the construction phase of the Project. Upon completion of the Project, the original survey notes shall become the property of the CITY and shall be delivered to the ENGINEER PART 2 – MONUMENT PRESERVATION GUIDELINES
A. New & Reconstruction Projects
1. Prior to Construction
a. The public survey records are to be researched for the location of all possible survey monuments within the scope of the project and copies shall be furnished to the survey crew.
b. The survey crew shall diligently search for all survey monuments of record above or below the surface, within the road right-of-way. It is suggested that this search would include the use of a metal detector. When the detector indicates the possibility of a buried survey monument, then digging below the surface to uncover the monument is required.
c. The survey crew shall properly reference all found survey monuments, which may be disturbed or covered during construction, to stable surface points. d. The authorized surveyor shall properly complete a Corner Record or Record of Survey for the monuments noted in item c, above. Prior to the start of any construction work, the original or a print of the Corner Record or Record of Survey shall be submitted to the County Surveyor for review, signature and filing. A copy shall also be provided to the City prior to the start of construction to provide documentation that the requirement is met.
GR-23
2. After Construction and Prior to Notice of Completion a. All covered and disturbed monuments shall be reset with the same or more durable type of monument as the original, in the surface of the construction.
Key monuments shall be a minimum 1” inside diameter iron pipe of appropriate length.
b. A monument box or other protective structure is recommended to be placed around key monuments (section corners, quarter section corners). c. The authorized surveyor shall properly complete a Corner Record or Record of Survey for all set monuments with a change in character, including tag number, and submit it to the County Surveyor for review, signature and filing. A copy shall also be provided to the City prior to the Notice of Completion to provide documentation that the requirement is met.
B. Overlay Projects
1. Prior To Construction
a. The public survey records are to be researched for the location of all possible survey monuments within the scope of the project and copies shall be furnished to the survey crew.
b. The survey crew shall diligently search for all survey monuments of record and on the surface of the road. It is suggested the search would include the use of a metal detector. When the detector indicates the possibility of a buried survey monument, then digging below the surface to uncover the monument within 2” of the road surface is recommended.
c. The survey crew shall properly reference found survey monuments, which may be disturbed or covered during construction, to stable surface points. d. The authorized surveyor shall properly complete a Corner Record or Record of Survey for the monuments noted in item 3, above. Prior to the start of any construction work, the original or a print of the Corner Record or Record of Survey shall be submitted to the County Surveyor for review, signature and filing. A copy shall also be provided to the City prior to the start of construction to provide documentation that the requirement is met.
2. After Construction and Prior to Notice of Completion a. All covered or disturbed monuments and surface monuments are reset in the new road surface, or a new monument is set in the new road surface above the buried one.
GR-24
b. All existing monument boxes will be adjusted to grade or replaced, as appropriate.
c. A monument box or other protective structure should be placed around key monuments (section corners, quarter section corners).
d. The authorized surveyor shall properly complete a Corner Record or Record of Survey for all set monuments and existing monuments with a change in character, including tag number and submits it to the County Surveyor for review, signature and filing. A copy shall also be provided to the City prior to the Notice of Completion to provide documentation that the requirement is met.
C. Slurry Seal Projects
1. Prior To Construction
a. The public survey records are to be researched for the location of all possible survey monuments within the scope of the project and copies furnished to for the survey crew.
b. All monument boxes shall be located and steps taken to ensure that the survey monuments inside are readily accessible upon completion of the project. c. The survey crew shall diligently search for survey monuments on the surface of the roadway, and identify said monuments recovered in the field to ensure that they will be protected. The survey crew shall inventory the monuments recovered in the field in a manner that allows for their recovery and inspection after construction.
2. After Construction and Prior to Notice of Completion a. All monument boxes shall be inspected, and appropriate action taken when needed, to ensure that the survey monuments inside are readily accessible. b. The survey crew shall review the inventory of found monuments by field inspection to ensure that all survey monuments are clean and exposed. Those monuments covered after construction is completed shall be uncovered.
D. Monument Tie Preservation
1. Prior To Construction
a. All existing survey monument ties within the scope of the project shall be researched and identified prior to construction. Surveyor may obtain existing tie sheets from the City as available.
GR-25
b. If it is determined that all ties for a survey monument may be disturbed during construction, the Surveyor shall relocate the monument ties prior to construction, within improvements that will not be disturbed, and file the revised tie sheet with the City. A minimum of three tie points should reference each centerline monument, whenever possible
2. After Construction and Prior to Notice of Completion a. If it is determined that the result of construction will not disturb all survey monument ties for a specific monument, the Surveyor shall replace all monument ties disturbed during construction per the following guidelines:
i. Monument ties shall be placed during the finishing process of the concrete improvements.
ii. Monument ties shall be set below the elevation of the adjacent top of curb to provide protection from any future cleaning, maintenance or work around the tie.
iii. A minimum of three tie points should reference each centerline monument, whenever possible.
b. Once the construction is complete, the Surveyor shall prepare a revised tie sheet, and file with the City for all monument ties disturbed during the construction.
END OF SECTION
GR-26
SECTION 01732 POTHOLING
1.1 THE REQUIREMENT
The CONTRACTOR shall conduct exploratory excavations by potholing to verify or to discover the actual locations and the size of existing underground utilities and improvements. The CONTRACTOR shall take care not to damage existing facilities during potholing operations. Any utility or existing facility (including those located by Underground Service Alert - USA) within 3 feet of any trench or excavation shall be potholed prior to starting the contract work in the vicinity. Potholing shall be done in each given area where excavation work is to occur at least fourteen (14) calendar days in advance of any excavation or construction in that area, to avoid possible delay in the progress of the Work.
Potholing shall consist of excavations at the locations of utilities or other underground facilities indicated on the Drawings, located by USA, or as directed by the ENGINEER.
All costs of potholing operations for the utilities indicated on the Drawings shall be included in the CONTRACTOR’S Bid.
If an allowance for “Additional Potholing” has been established and included in the SCHEDULE OF WORK AND PRICES, this allowance shall only be used to reimburse the CONTRACTOR for potholing utilities not shown or otherwise referenced on the drawings, or as directed by the ENGINEER. If the total cost of the Work directed under the Additional Potholing allowance differ from the amount set forth in the SCHEDULE OF WORK AND PRICES, the Contract Price shall be adjusted by a Change Order. The adjustment shall be the difference between the total actual costs and the amount included in the Bid, as an additional amount due to the CONTRACTOR or a credit to the CITY, as appropriate.
In addition to the potholes indicated on the Drawings, or directed by the ENGINEER, the CONTRACTOR may opt to do further potholing deemed necessary at no additional cost to the CITY.
Potholing operations shall conform to all applicable requirements as to sidewall slopes, sheeting and shoring, and all other excavation and trenching provisions specified herein.
Potholes shall be identified and protected in accordance with the Engineer’s instructions, the California Manual on Uniform Traffic Control Devices (MUTCD) and Work Area Traffic Control Handbook (WATCH) Standards.
The CONTRACTOR’S proposed method of potholing and schedule for potholing shall be submitted to the ENGINEER for approval, at least thirty (30) days prior to the commencement of operation.
GR-27
Any utilities damaged during potholing shall be immediately reported to the ENGINEER and INSPECTOR and repairs made immediately in accordance with the specifications.
A complete log of all potholes shall be kept by the CONTRACTOR, showing specific locations and dimensions of trenches. The log shall be verified by the INSPECTOR prior to the backfilling of the potholes. The verified log will be submitted to the ENGINEER and the INSPECTOR within two (2) working days after completion of potholing in each area. Payment for potholing utilities not shown or otherwise referenced on the drawings, or as directed by the ENGINEER will not be made unless these potholes are listed on the verified log.
The CONTRACTOR shall record the coordinates, elevations and dimensions of all utilities and improvements verified or discovered by potholing. The records shall be submitted to the ENGINEER within two (2) working days after the completion of potholing in each area. The records shall also include dates of the potholing operations and any additional discovered information or pertinent data.
Upon completion of potholing in each area, and after verification of the logs by the INSPECTOR, potholes shall be immediately backfilled and compacted in accordance with the specifications, or restored as directed by the ENGINEER.
END OF SECTION
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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.
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10. All items noted within the final inspection (“Punchlist”) have been completed to the satisfaction of the City.
11. All project photographs as required within Section 01322 Construction Progress Photography have been provided.
12. Notice of Completion (NOC) will not be filed until all work is complete per this Section 01740.
END OF SECTION
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SECTION 01581 CONSTRUCTION INFORMATION SIGNS
THE REQUIREMENT
The City shall provide the Contractor with all required construction information signs for the project. The signs shall be installed at the locations noted in the plans, if included, or as otherwise directed by the Engineer. If the project consists of numerous sites, the construction information signs shall be relocated to each site as work progresses. The construction signs shall be installed the same day work commences on any construction site. If the sign is not installed prior to construction work beginning at a subsequent site, the City will install the information signs at the Contractor’s expense.
The installation of each sign shall be the responsibility of the contractor to include mounting posts, hardware and any related incidentals to ensure the sign is placed in a safe and secure manner. For any sign required for multiple site projects, where the sign is frequently relocated and not anticipated to be installed in the ground on posts, the Contractor shall provide a Type III barricade for mounting. The contractor shall obtain approval from the Engineer following installation of the construction information sign. If the signs are installed in the ground with posts, proper vertical clearance shall be provided. The minimum vertical clearance shall be six feet within a parkway area and seven feet within the sidewalk.
The construction information sign shall remain visible at all times. The contractor shall replace stolen signs at their expense and maintain the signs, ensuring all graffiti, soil, paint, etc. is removed from the sign immediately. Upon completion of the project, each sign shall be removed and returned to the City. If the sign is not returned to the City at the completion of the project in the original condition, the cost of the sign shall be withheld from the final progress payment.
The Contractor shall notify Underground Service Alert (Dig alert) at least 2 working days, but not more than 14 calendar days, prior to performing any excavation.
Full compensation for furnishing all labor, equipment, materials, and tools required to perform the tasks noted above, and as ordered by the Engineer, shall be considered as being included in the various Contract items of work and no separate or additional compensation will be allowed therefore.
END OF SECTION
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SECTION 01330 SUBMITTALS
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, two (2) hard copies and one electronic (PDF) copy of each submittal. The term "submittal" as used herein shall be understood to include detail design calculations, 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.
B. 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.
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C. 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 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.
D. 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.
E. 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.
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F. 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.
G. 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.
H. CONTRACTOR’S Coordination:
ENGINEER will return and will not review unrelated submittals.
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.
ENGINEER will not review any required Structural Shop Drawings, Structural Calculations, etc., not prepared or signed by a State of California licensed ENGINEER.
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.
I. CONTRACTOR’S Submittals: CONTRACTOR’S submittals required for performance of Contracted Work, shall include, but are not limited to, the following:
Schedule of Values for all Lump Sum items within the Proposal.
Construction Schedule and Notification to ENGINEER of completion of each milestone or percentage increment of the Work as required.
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Submittal Schedule
Daily Construction Reports
Shop Drawings and Structural Calculations.
Manufacturer’s Data and Specifications.
Samples
Templates
Certificate of Compliance
Construction Photographs
Substitutions
Record Drawings and Record Project Manual
Operation & Maintenance Manuals
Stock Materials, Spare parts, tools
Material Testing Results
Maintenance Logs and Maintenance Schedule.
E. CONTRACTOR shall conform to the provisions of the Contract Document and as may be specifically directed by the ENGINEER.
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.
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.
A. Coordination and Submittals:
Carefully review and coordinate all aspects of each item being submitted.
Carefully review contract drawings and technical sections, verify all work as laid out or indicated meeting the applicable codes and standards.
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.
Verify that all such submittal items conform to the Project Manual requirements noted in the Technical Sections.
Verify all site conditions and provide all required dimensions and measurements in Shop Drawings.
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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.
B. 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:
Name of the Project
Date of the Submittal
Name and address of Consultant
Name and address of the CONTRACTOR
Name and address of the Subcontractor(s)
Name and address of the Supplier
Name and address of the Manufacturer
Reference to Specification Section Number and Title
Reference to Drawing Sheet Number and detail(s)
Submittal Number
Priority Number and expected return date.
END OF SECTION
GR-36
SECTION 01322 CONSTRUCTION PROGRESS PHOTOGRAPHY
GENERAL
Required: Provide photographs taken at the Jobsite at the specified stages of Contracted Work in accordance with provisions of this Section.
The Contractor shall provide the City with photos with addresses identifying each property location, the direction the photograph was taken (facing North, South, etc.).
1. Take first photographs just before CONTRACTOR starts any work operations at the Jobsite.
2. Take final photographs when all Contracted Work has been completed, regardless of time interval since previous photographs were taken.
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
GR-37
SECTION 01298 SCHEDULE OF VALUES
GENERAL
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.
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.
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.
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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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 CONTRACTOR at the time of each progress payment.
END OF SECTION
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SECTION 01321 CONSTRUCTION SCHEDULE
1. THE REQUIREMENT
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.
The CONTRACTOR’S representative in charge of scheduling is required to attend all meetings pertaining to scheduling and progress of the Work.
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:
Activity ID,
Activity Description,
Start date for each activity,
Finish date for each activity,
Original duration,
Predecessor,
Successor,
Percent Complete,
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.
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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 float suppression techniques shall be cause for rejection of the schedule and any revisions or updates.
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.
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.
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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".
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 review of any schedule submission. All revisions shall be submitted within seven (7) calendar days after the ENGINEER’S review.
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.
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.
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.
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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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STANDARD SPECIFICATIONS
FOR PUBLIC WORKS CONSTRUCTION
1.1 - INTENT
Part 2 - Construction Materials, and Part 3 - Construction Methods of the Standard Specifications For Public Works Construction (Green Book), 2012 edition, together with supplements as published by Building News, Inc., 3055 Overland Avenue, Los Angeles, CA 90034 and as modified herein, are the Special Provisions of these specifications.
The modifications set forth below are made to the Standard Specifications. Unless specifically deleted or modified herein or superseded by the Technical Specifications, all requirements of the Standard Specifications shall prevail.
1.2 - CLEARING AND GRUBBING
Attention is directed to Section 300-1 of the Standard Specifications. All AC and concrete pavement shall be removed to neatly saw-cut edges. Pavement shall be disposed of in an approved location.
The Contractor shall not dispose of any material in the City's landfill without a prior written approval by the Engineer.
1.3 - TRENCH EXCAVATION
The Contractor shall submit to the Engineer prior to excavation of trenches 5 feet or more in depth, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trenches. The plans must be approved by the Engineer before commencing such excavations. If such plans vary from the shoring system standards, the plans must be prepared by a registered Civil Engineer or Structural Engineer. Nothing in this section shall be deemed to allow the use of shoring, bracing, sloping, or protective system less effective than that required by the Construction Safety Orders.
Nothing in this section shall be construed to impose tort liability on the City, the Consultant, the Engineer or any of its employees.
Attention is directed to Section 306-1.1 of the Standard Specifications. The maximum length of the trench shall not exceed 500 feet or the distance necessary to accommodate the amount of pipe installed in one day, whichever is greater. Trenches shall be backfilled as soon as possible after pipe laying. All open trenches shall be backfilled or plated to the satisfaction of the Engineer during nonworking hours.
1.4 - BEDDING
Bedding material shall be imported sand in the pipe zone having a sand equivalent of not less than 30 per ASTM D 2419 and shall meet the following gradation.
Sieve Size
Percent Passing
By Weight
3/8 inch 100
No. 4 75 – 100
No. 30 12 – 50
No. 100 5 – 20
No. 200 0 – 15
1.5 - BACKFILL
Backfill shall conform to the requirements of Section 306-1.3 of the Standard Specifications, and the Plans.
1.6 - COMPACTION TESTS
Compaction tests will be performed for the City by an independent testing firm. The results of said tests will be made available to the Contractor after review and approval by the Engineer. The cost of all passing tests will be paid for by the City. The cost of failing tests will be the responsibility of the Contractor, and will be deducted from monies due him.
To be acceptable, tests must be ordered and witnessed by the Engineer. The Engineer may order tests at any location and depth. The Contractor shall assist the Engineer in performing these tests.
The Contractor shall provide to the Engineer the maximum dry density and the optimum moisture content of the backfill and bedding material.
1.7 - PAVEMENT AND BASE REPLACEMENT
Pavement and base reconstruction shall be as soon after pipe laying as possible. Pavement shall be Class C2-AR4000 and shall comply with the applicable provisions of Section 203 of the Standard Specifications. Pavement placement shall comply with the applicable provisions of Section 302 of the Standard Specifications. Base shall be placed per Section 301 of the Standard Specifications.
Pavement shall be hot placed in two (2) equal lifts to a total thickness of three (3”) or one inch (1”) greater than the existing, whichever is greater. The base lift shall be ½” maximum aggregate, AR4000. The top lift shall be 3/8” maximum aggregate, AR4000. All pavement shall be placed over 8” of class 2 base compacted to 95% relative compaction minimum. Pavement shall be feathered to meet the existing surface at 6” minimum from the saw cut edge on the side of the trench.
Contractor shall apply a tack coat in accordance with Section 302-5.4 of the Standard Specifications.
Fog seal shall be applied over all joint strips where new asphalt abuts or “skins over” existing pavement and as directed by the Engineer.
1.8 - PAVEMENT STRIPING
Once paving operations are completed, all pavement striping destroyed during construction shall be restored to its previous condition. Pavement striping shall comply with the applicable provisions of Sections 210 and 310 of the Standard Specifications.
1.9 - DRAINAGE CONTROL
Care shall be taken not to disturb the existing area drainage pattern during all phases of work.
1.10 - TRAFFIC CONTROL
Traffic control shall conform to the following requirements listed in this section:
Attention is directed to Section 7-10 “Public Convenience and Safety,” of the Standard Specifications. Nothing in these special provisions shall be construed as relieving the Contractor from his responsibility as provided in Section 7-10.1 of the Standard Specifications, and the latest edition of the “Work Area Traffic Control Handbook.”
The contractor shall not close any street without first obtaining the approval of the City of Redlands Public Works Department and other governing agencies as may be applicable.
All traffic signs and devices shall conform to the current State of California, Department of Transportation (CALTRANS), "Manual of Warning Signs, Lights, and Devices for Use in Performance of Work upon Highways", unless otherwise approved by the Engineer. Construction signs shall conform to the latest edition of the State of California Sign Specification Sheets.
In the event of conflict, the Special Provisions shall take precedence over the “Work Area Traffic Control Handbook,” the “Work Area Traffic Control Handbook” shall take precedence over the plans, and the plans shall take precedence over the “Standard Specifications.” a. The traffic control Concept shown on the plans is intended as a guideline that establishes minimum requirements only. The Contractor may adopt this traffic control plan or submit for approval an alternate plan prepared, signed and sealed by a California licensed civil or traffic engineer to the City. The Contractor shall be responsible for the preparation of alternate plans as necessary for specific items of work. These plans shall be approved by the Engineer and the Contractor shall obtain permits from the City of Redlands.
SECTION 01323 CONSTRUCTION STATUS REPORTS
REQUIREMENTS
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.
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:
Type of work under way during the time frame of the report (e.g., earthwork, concrete work, structural steel erection, equipment manufacturing, component installation).
Inspections and tests, and location of inspections and tests that were made.
Results of inspections.
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.
Report of any nonconforming items/activities. Nonconformance report forms designed solely for this purpose shall be utilized.
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.
Offsite quality control activities.
Instructions received from the ENGINEER or INSPECTOR.
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.
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:
Type of work under way during the time frame of the report (e.g., earthwork, concrete work, structural steel erection, equipment manufacturing, component installation).
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:
List of Subcontractors and Sub-Subcontractors at the site, types of works and job location.
Count of CONTRACTOR’S personnel at the site, name, type of work, hours completed and job location.
Construction equipment at the site.
High and low temperatures, general weather conditions.
END OF SECTION
City Council AGENDA ITEM NO. J8.
DATE: July 21, 2026
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of approval of an agreement with Geologic Associates, Inc., to provide construction quality assurance, observation, testing, regulatory compliance and documentation for the Phase 5 Expansion at the California Street Landfill in a total agreement amount of $598,018 (Facilities and Community Services Department Director Crocker)
MOTION:
If the City Council determines that staff's recommendation is appropriate, the following motion is provided:
I move to approve an agreement with Geologic Associates, Inc., for the Phase 5 expansion at the California Street Landfill in a total agreement amount of $598,018.87.
RECOMMENDATION:
Staff recommends that the City Council approve the agreement with Geologic Associates, Inc., for construction quality assurance, observation, testing, regulatory compliance, and documentation for the Phase 5 expansion at the California Street Landfill.
DISCUSSION:
The Facilities and Community Services Department operates the City’s California Street Landfill (Landfill), located at the northern end of Nevada Street, adjacent to the Santa Ana River Wash. On May 14, 2026, the City received bids for the Phase 5 Landfill Expansion Project and the associated Construction Quality Assurance (CQA) services.
The Phase 5 expansion will be constructed in accordance with the approved Joint Technical Document (JTD) and will be subject to the requirements of a comprehensive CQA program. The city’s Landfill design and operational plans establish a phased approach to expansion over time. The Local Enforcement Agency (LEA) and the Santa Ana Regional Water Quality Control Board require that each phase of the Landfill be developed in accordance with the City’s approved construction plans and permit to operate.
As existing disposal areas reach capacity, subsequent phases are constructed to maintain uninterrupted landfill operations. Phase 5 will be developed pursuant to the approved expansion plans, which require independent CQA monitoring, testing, and reporting by a qualified third-party consultant. The CQA program ensures that all construction activities comply with project specifications and applicable regulatory requirements, and that potential environmental impacts are appropriately addressed. Construction of Phase 5 is anticipated to begin in late July 2026, pending City Council approval, with completion expected in early February 2027.
City staff issued a Request for Proposals (RFP) for CQA services in accordance with the City’s procurement policies. One proposal was received from Geologic Associates, Inc. Following evaluation, staff determined that Geologic Associates, Inc. is both responsive and responsible and possesses the experience, technical expertise, and qualifications necessary to successfully perform the required services.
During contract negotiations, staff requested that Geologic Associates, Inc. review opportunities to reduce overall project costs. The firm agreed to work collaboratively with the city and reduced its proposed fee from the original amount of $947,146 to $598,018, resulting in cost savings of $349,127.
Accordingly, staff recommends that the City Council approve the Professional Services Agreement with Geologic Associates, Inc. for the provision of construction quality assurance, observation, testing, regulatory compliance, and documentation services associated with the Phase 5 Expansion Project at the California Street Landfill.
ALTERNATIVES:
City Council may elect not to approve the agreement with Geologic Associates, Inc., and provide alternative direction to staff; however, this alternative may delay completion of Phase 5 and impede Landfill operations.
STRATEGIC PLAN:
Supports Priority D- Sustainability
SUBMITTED BY:
Tabitha Crocker, Facilities & Community Services Director RECOMMENDED BY:
Charles M. Duggan Jr., City Manager
REVIEWED BY:
Yvette M. Abich Garcia, City Attorney
Danielle Garcia, Assistant City Manager
Dana Abramovitz-Daniel, Procurement Manager
PREPARED BY:
Marion Cronin, Administrative Analyst
FISCAL IMPACT
Fiscal Year: FY 2026-27
Revenue Generating: No
Amount: $598,018.87
Budgeted Y/N: Yes
Account No.: 511910-8501
Additional Appropriation Required: No
Discussion:
Sufficient funding for this purchase is included in the Solid Waste's project budget for Fiscal Year 2026-27 as approved by City Council.
Attachments
Agreement_w_Geologic_Associates.pdf
1 I:\cmo\Agreements\Agreement w Geologic Associates.bm.07.06.2026.FY2728-07.docx
AGREEMENT TO PERFORM PROFESSIONAL SERVICES
This agreement for the provision of construction quality assurance services for the California Street Landfill Phase 5 Expansion (“Agreement”) is made and entered in this 21st day of July, 2026 (“Effective Date”), by and between the City of Redlands, a municipal corporation (“City”) and Geologic Associates, Inc., a California corporation (“Consultant”). City and Consultant are sometimes individually referred to herein as a “Party” and, together, as the “Parties.” In consideration of the mutual promises contained herein, City and Consultant agree as follows:
ARTICLE 1 – ENGAGEMENT OF CONSULTANT
1.1 City hereby engages Consultant to provide construction quality assurance services for the California Street Landfill Phase 5 Expansion services for City (the “Services”).
1.2 The Services shall be performed by Consultant in a professional manner, and Consultant represents that it has the skill and the professional expertise necessary to provide the Services to City at a level of competency presently maintained by other practicing professional consultants in the industry providing like and similar types of Services.
ARTICLE 2 – SERVICES OF CONSULTANT
2.1 The Services that Consultant shall perform are more particularly described in Exhibit “A,” titled “Scope of Services,” which is attached hereto and incorporated herein by this reference.
2.2 Consultant shall comply with applicable federal, state and local laws and regulations in the performance of this Agreement including, but not limited to, any applicable State prevailing wage laws.
ARTICLE 3 – RESPONSIBILITIES OF CITY
3.1 City designates Tabitha Crocker, Facilities and Community Services Director, as City’s representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receive information, interpret and define City’s policies and decisions with respect to performance of the Services.
ARTICLE 4 – PERFORMANCE OF SERVICES
4.1 The term of this Agreement shall be for a period of two hundred ten days (210) days commencing as of the Effective Date, unless terminated earlier as provided herein. 2 I:\cmo\Agreements\Agreement w Geologic Associates.bm.07.06.2026.FY2728-07.docx
4.2 If Consultant’s Services include deliverable electronic visual presentation materials, such materials shall be delivered in a form, and made available to City, consistent with City Council-adopted policy for the same. It shall be the obligation of Consultant to obtain a copy of such policy from City staff.
ARTICLE 5 – PAYMENTS TO CONSULTANT
5.1 Total compensation for Consultant’s performance of the Services shall not exceed the amount of Five Hundred Ninety-Eight Thousand Eighteen Dollars and Eighty-Seven Cents ($598,018.87). City shall pay Consultant on a time and materials basis up to the not to exceed amount in accordance with Exhibit “B,” titled “Fee Schedule” which is attached hereto and incorporated herein by reference.
5.2 Consultant shall submit monthly invoices to City describing the Services performed during the preceding month. Consultant’s invoices shall include a brief description of the Services performed, the dates the Services were performed, the number of hours spent and by whom, and a description of reimbursable expenses related to the Services. City shall pay Consultant no later than thirty (30) days after receipt and approval by City of Consultant’s invoice.
5.3 Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date of delivery in person; (ii) five (5) days after deposit in first class registered mail, with return receipt requested; (iii) on the actual delivery date if deposited with an overnight courier; or (iv) on the date sent by facsimile or electronic mail transmission (including PDF), if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail; in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a Party may provide notice in accordance with this section:
CITY: CONSULTANT:
City Clerk Caleb Miller, Project Manager
City of Redlands Geologic Associates, Inc.
35 Cajon Street 2777 East Guasti Road
P.O. Box 3005 (mailing) Ontario, CA 91761
Redlands, CA 92373 [email protected]
[email protected] (909) 626-2282
Phone: (909) 798-7531
ARTICLE 6 – INSURANCE AND INDEMNIFICATION
6.1 The following insurance coverage required by this Agreement shall be maintained by Consultant for the duration of its performance of the Services. Consultant shall not perform any Services unless and until the required insurance listed below is obtained by Consultant.
Consultant shall provide City with certificates of insurance and endorsements evidencing 3 I:\cmo\Agreements\Agreement w Geologic Associates.bm.07.06.2026.FY2728-07.docx such insurance prior to commencement of the Services. Insurance policies shall include a provision prohibiting cancellation or modification of the policy except upon thirty (30) days prior written notice to City.
A. Workers’ Compensation and Employer’s Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptable to City, or certification to City that Consultant is self-insured or exempt from the workers’ compensation laws of the State of California. Consultant shall execute and provide City with Exhibit “C,” titled “Workers’ Compensation Insurance Certification,” which is attached hereto and incorporated herein by this reference, prior to performance of the Services.
B. Comprehensive General Liability insurance with carriers acceptable to City in the minimum amount of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate, for public liability, property damage and personal injury is required. City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City.
C. Consultant shall secure and maintain professional liability insurance throughout the term of this Agreement in the amount of One Million Dollars ($1,000,000) per claim made.
D. Business Auto Liability coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit bodily injury liability and property damage liability. This coverage shall include all Consultant owned vehicles used in connection with Consultant’s provision of the Services, hired and non-owned vehicles, and employee non-ownership vehicles. City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or selfinsurance maintained by City.
E. Consultant is expressly prohibited from assigning or subcontracting any of the Services without the prior written consent of City. In the event of mutual agreement by the Parties to assign or subcontract a portion of the Services, Consultant shall add such assignee or subcontractor as an additional insured to the insurance policies required hereby and provide City with the insurance endorsements prior to any Services being performed by the assignee or subcontractor.
6.2 Consultant shall defend, indemnify and hold harmless City and its elected and appointed officials, employees and agents from and against any and all claims, losses or liability, including attorneys’ fees, arising from injury or death to persons or damage to property occasioned by any negligent act or omission by, or the willful misconduct of, Consultant, or its officers, employees and agents in performing the Services. 4 I:\cmo\Agreements\Agreement w Geologic Associates.bm.07.06.2026.FY2728-07.docx ARTICLE 7 – CONFLICTS OF INTEREST
7.1 Consultant covenants and represents that it does not have any investment or interest in any real property that may be the subject of this Agreement or any other source of income, interest in real property or investment that would be affected in any manner or degree by the performance of Consultant’s Services. Consultant further covenants and represents that in the performance of its duties hereunder, no person having any such interest shall perform any Services under this Agreement.
7.2 Consultant agrees it is not a designated employee within the meaning of the Political Reform Act because Consultant:
A. Does not make a governmental decision whether to:
(i) approve a rate, rule or regulation, or adopt or enforce a City law; (ii) issue, deny, suspend or revoke any City permit, license, application, certification, approval, order or similar authorization or entitlement; (iii) authorize City to enter into, modify or renew a contract; (iv) grant City approval to a contract that requires City approval and to which City is a party, or to the specifications for such a contract; (v) grant City approval to a plan, design, report, study or similar item; (vi) adopt, or grant City approval of, policies, standards or guidelines for City or for any subdivision thereof.
B. Does not serve in a staff capacity with City and in that capacity, participate in making a governmental decision or otherwise perform the same or substantially the same duties for City that would otherwise be performed by an individual holding a position specified in City’s Conflict of Interest Code under Government Code section 87302.
7.3 In the event City determines that Consultant must disclose its financial interests, Consultant shall complete and file a Fair Political Practices Commission Form 700, Statement of Economic Interests, with the City Clerk’s office pursuant to the written instructions provided by the City Clerk.
ARTICLE 8 – GENERAL CONSIDERATIONS
8.1 In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys’ fees, including fees for the use of inhouse counsel by a Party.
8.2 Consultant shall not assign any of the Services, except with the prior written approval of City and in strict compliance with the terms and conditions of this Agreement. Any assignment or attempted assignment without such prior written consent may, in the sole discretion of City, result in City’s immediate termination of this Agreement. 5 I:\cmo\Agreements\Agreement w Geologic Associates.bm.07.06.2026.FY2728-07.docx
8.3 Consultant is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor. Neither City nor any its agents shall have control over the conduct of Consultant or Consultant’s employees, except as herein set forth. Consultant shall supply all necessary tools and instrumentalities required to perform the Services. Assigned personnel employed by Consultant are for its account only, and in no event shall Consultant or personnel retained by it be deemed to have been employed by City or engaged by City for the account of, or on behalf of City. Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent, nor shall Consultant have any authority, express or implied, to bind City to any obligation.
8.4 This Agreement may be terminated by City, in its sole discretion, by providing not less than five (5) days prior written notice to Consultant of City’s intent to terminate. If this Agreement is terminated by City, an adjustment to Consultant’s compensation shall be made, but (1) no amount shall be allowed for anticipated profit or unperformed Services, and (2) any payment due Consultant at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Consultant. Upon receipt of a termination notice, Consultant shall immediately discontinue its provision of the Services and, within five (5) days of the date of the termination notice, deliver or otherwise make available to City, copies (in both hard copy and electronic form, where applicable) of project related data, design calculations, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by Consultant in performing the Services. Consultant shall be compensated on a pro-rata basis for Services completed up to the date of termination.
8.5 Consultant shall maintain books, ledgers, invoices, accounts and other records and documents evidencing costs and expenses related to the Services for a period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant pursuant to this Agreement. Such books shall be available at reasonable times for examination by City at the office of Consultant.
8.6 This Agreement, including the Exhibits incorporated herein by reference, represents the entire agreement and understanding between the Parties as to the matters contained herein, and any prior negotiations, written proposals or verbal agreements relating to such matters are superseded by this Agreement. Except as otherwise provided for herein, any amendment to this Agreement shall be in writing, approved by City and signed by City and Consultant.
8.7 This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of laws provisions. The Parties agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated only in the state courts located in San Bernardino County, California, and the federal courts located in Riverside County, California. 6 I:\cmo\Agreements\Agreement w Geologic Associates.bm.07.06.2026.FY2728-07.docx
8.8 If one or more of the sentences, clauses, paragraphs or sections contained in this Agreement is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or sections contained herein, unless to do so would deprive a Party of a material benefit of its bargain under this Agreement.
IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have signed in confirmation of this Agreement.
CITY OF REDLANDS GEOLOGIC ASSOCIATES, INC.
By: ___________________________ By: _________________________ Mario Saucedo, Mayor Caleb Miller, Project Manager
ATTEST:
___________________________
Jeanne Donaldson, City Clerk
7 I:\cmo\Agreements\Agreement w Geologic Associates.bm.07.06.2026.FY2728-07.docx EXHIBIT "A"
SCOPE OF SERVICES
Consultant’s Construction Quality Assurance (CQA) services during the California Street Landfill Phase 5 composite liner installation will include the following tasks:
• Mobilize field and laboratory equipment
• Attend weekly, daily, and special meetings
• Prepare daily and weekly construction reports
• Perform certification of subgrade
• Evaluate low permeability on-site materials
• CQA for engineered fill placement
• CQA for low permeability soil layer
• CQA for geosynthetics installation
• CQA for leachate collection and removal system (LCRS) • CQA for operations soil layer placement
• CQA for liner leak detection survey
• Conduct CQA testing and prepare data reports
• Participate in weekly meetings with the Contractor, City and agencies • Assist with review of as-built plans
• Prepare final CQA report
The following provides a description of the specific CQA tasks outlined above.
Mobilize Field and Laboratory Equipment
Consultant will provide and furnish a field office/laboratory trailer. The trailer will be equipped with the appropriate testing equipment to allow our CQA Monitor to perform conformance tests on the soil materials for sieve analysis (D-6913), Atterberg limits (D-4318), soil classification (D2488), moisture-density relationships (D-1557), and moisture content (D-2216), as applicable. The trailer will be used to store our nuclear density gauge that will be used for testing of the required in-place densities and moistures (D-6938). In addition, sand cone density tests (D-1556) will be conducted to correlate the results of the nuclear gauge tests. Consultant is capable of running all required earthworks tests on site with the exception of laboratory hydraulic conductivity tests for the low permeability soil layer materials. These tests will be performed at the Anaheim Grass Valley laboratory.
Attend Weekly, Daily, and Special Meetings
Consultant’s CQA Monitor will attend all daily, weekly, and special meetings that take place at the site. Our CQA Monitor will keep minutes and distribute them to all designated personnel. Our Project Manager and/or Assistant Project Manager will attend all meetings in person or via phone.
For costing purposes, we have assumed one site visit per month by our Project Manager or his designee.
Prepare Daily and Weekly Construction Reports
8 I:\cmo\Agreements\Agreement w Geologic Associates.bm.07.06.2026.FY2728-07.docx Consultant CQA Monitor will prepare a daily record of all construction activities at the site. This daily report will be used by the CQA Monitor to prepare weekly reports, which will be submitted to the Project Manager and the City. Along with the daily reports, Consultant will fill out inspection data sheets for any inspection activity or test procedure. In order to visually document the work progress and any problems that may occur, Consultant will keep a photographic log on all activities.
At a minimum, Consultant daily reports will include (if applicable) the following information:
time on site, equipment on site, weather conditions, problems/solutions, number and results of tests, results or comments on any other CQA activities, and photo-documentation. Weekly reports summarizing all CQA functions will be submitted to the Project Manager and the City.
Additionally, daily reports will be uploaded to a cloud-based site for access by those given permission.
Evaluation of Low Permeability On-Site Material
Prior to placement of the low permeability layer, Consultant’s CQA Monitor will observe that the material is suitable for a low permeability layer by performing pre-construction testing as specified in the CQWA Plan. All testing will be conducted in accordance with the approved CQA Plan.
Engineered Fill Placement CQA
Engineered fill materials will be tested for compacted moisture and density using a nuclear density gauge. Samples for oven-dried moisture content tests will be retrieved adjacent to the nuclear density tests to verify moisture contents of the engineered fill. In addition, modified Proctor tests (D-1557) will be performed to ensure that the proper compaction curves are being used. Our Monitors will observe the placement of the engineered fill for proper compaction procedures, lift thickness, and materials used.
Low Permeability Soil Layer Placement CQA
Prior to constructing the low permeability soil layer, the Contractor will construct two test pads (approximately 40-feet wide by 80-feet long by 1-foot thick). The purpose of the test pads is to demonstrate that the proposed equipment and construction methodology can achieve the compaction, moisture content, and hydraulic conductivity required by the Specifications. The 1- foot thick low permeability soil layer will be constructed in a minimum of two lifts. Upon completion of the test pad and achieving all CQA testing requirements, the Contractor will then be able to proceed with construction of the low permeability soil layer, using the same equipment and methodology that was used to construct the test pad.
During construction of the low permeability soil layer, our CQA Monitor will perform the following CQA tasks:
• Observe that the previously compacted lift is scarified • Observe that the maximum compacted lift thickness was adhered to by the Contractor • Observe that the proper amount of bentonite is added to the existing soils • Observe placement of low permeability soil layer was constructed using the same methods and equipment that were used for the low permeability soil layer test pad • Perform the tests per the CQA plan
9 I:\cmo\Agreements\Agreement w Geologic Associates.bm.07.06.2026.FY2728-07.docx Leachate Collection & Removal System CQA
Prior to the placement of the LCRS drainage gravel, Consultant’s CQA Monitor will perform evaluation testing on the material to check that the material is in accordance with the Specifications. During the installation of the drainage material, the CQA Monitor will visually inspect the lift thickness, record any damage to the underlying geosynthetics, and document compliance with the Phase 5 Construction Specifications.
Operations Soil Layer Placement CQA
Following completion and acceptance of the geomembrane, geocomposite, LCRS gravel, and filter geotextile, the CQA Monitor will observe the placement of the operations layer. The CQA Monitor will visually inspect the operations soil layer material, measure lift thickness, record any damage to the underlying geosynthetics, and document compliance with the Phase 5 Construction Specifications.
After the operations layer has been place, the CQA Monitor will observe the layer for low spots or depressions, areas of damage or improper compaction, areas of excessive erosion, irregularities, or protrusions. All testing of the operations later will follow the CQA Plan requirements.
Geosynthetic Installation CQA
GCL Installation. Prior to installation, conformance testing of the GCL will be performed. Due to the nature of GCL, the proper sampling and handling of the material is critical to successful test results. All GCL sampling and conformance tests will be conducted by TRI. All testing will be performed in accordance with the Phase 5 Construction Specifications and appropriate test method. With conformance test results meeting the required values, Consultant’s CQA Monitor will verify acceptability prior to the placement of the GCL. In addition, Consultant and the Contractor will verify in writing that the soil liner or subgrade is acceptable for placement of geosynthetic materials. Our CQA Monitor will also ensure that all surveys have been performed.
During placement, the CQA Monitor will observe that the GCL has not been damaged or deteriorated since previous acceptance. The CQA Monitor will continuously monitor and observe the specified overlapping of each panel. The Contractor or CQA Monitor will place an identification number on each of the GCL panels.
The CQA Monitor will establish a chart demonstrating correspondence of panel placement, roll numbers, certification reports, and panel numbers. Continuous visual observation in accordance with the CQA Plan will be maintained throughout the placement and installation of the GCL.
Geomembrane Installation. Conformance sampling of the geomembrane will be performed prior to installation. The materials will be tested in accordance with the CQA Plan and Phase 5 Construction Specifications. All geomembrane sampling and conformance tests will be conducted by TRI. All testing will be performed in accordance with the specifications and appropriate test methods.
Following inspection and acceptance of the geomembrane, receipt of the MQC certificates, and passing conformance tests from TRI. The contractor may begin deployment of the 10 I:\cmo\Agreements\Agreement w Geologic Associates.bm.07.06.2026.FY2728-07.docx geomembrane. The CQA Monitor will observe that the geomembrane is deployed according to Phase 5 Construction Specifications and that the material is not damaged during placement.
Consultant’s CQA Monitor will observe the testing of the seaming equipment and the trial welds.
No seaming can take place until each welder has passed the trial weld and is approved to begin work. We will ensure that all seaming is in accordance with the Phase 5 Construction Specifications and the CQA Plan and that no seaming takes place above or below the given temperature requirements. In general, the nondestructive testing of seams will be visually observed by the CQA Monitor, and all of the results will be recorded on the geomembrane and on the proper documentation form.
For destructive tests, Consultant’s CQA Monitor will direct the Contractor to take samples every 500 linear feet in locations selected by the CQA Monitor. Additional samples may be necessary if the integrity of the seam looks suspect, weather conditions change, there is wrinkling in the area, or there are a high number of failures in the shear and peel tests.
Upon completion of the geomembrane installations, the CQA Monitor will complete a final inspection. The purpose of the inspection is to identify areas that are damaged or have wrinkles or folded material. Once the geomembrane has been accepted, leak detection and remaining geosynthetics or LCRS installation may begin.
Geotextile and Geocomposite Installation. As with the geomembrane installation, the inspection activities for the various geotextiles and geocomposite will be divided into categories consisting of delivery, conformance testing, installation, field testing and repairs, and final inspection.
Conformance sampling of the geotextile and geocomposite will be performed prior to installation. All conformance tests will be performed by TRI in accordance with the Phase 5 Construction Specifications and appropriate test method.
Prior to geotextile and geocomposite placement, Consultant’s CQA Monitor will verify grades and make sure the underlying surface has been prepared and accepted for placement. During installation of the geotextiles and geocomposites, the CQA Monitor will inspect the overlap and seaming process for panels.
The CQA Monitor will inspect the geotextile and geocomposite for defects, needles, and other foreign materials, which could damage underlying or overlying materials or could result in the improper function of the system. Consultant will also ensure that the Contractor does not participate in activities that could damage the materials before, during, or after deployment.
Conduct CQA Testing and Prepare Data Reports
Inspection data sheets will be filled out for any inspection activity or test procedure. These data sheets will include, but not be limited to, nuclear compaction test data, field density summary, sand cone density summary, sieve analysis, modified Proctor compaction test, Atterberg limits test data, subgrade acceptance, geosynthetic receiving logs, deployment logs, seaming logs, repair logs, destructive seam test data, and daily construction reports. To visually document the work progress and problems that may occur, Consultant will keep a photographic log on all activities.
11 I:\cmo\Agreements\Agreement w Geologic Associates.bm.07.06.2026.FY2728-07.docx Electric Leak Location Survey
Consultant will conduct an Electric Leak Location Survey (ELLS) on the primary geomembrane and over the operations layer. Consultant provides in-house ELLS services and is very familiar with ASTM and field requirements needed to provide a successful survey. In addition, because of Consultant’s performing the ELLS, the CQA Monitor can advise the Contractor during construction about items that will help provide a successful survey (i.e., adequate moisture in the operations layer and leaving the perimeter geomembrane exposed).
Construction Completion and Final Construction Report
Final completion and acceptance. Once the project is substantially completed, Consultant’s CQA Monitor will schedule a walk-though with the City to create a “punch list” of incomplete items to submit to the City. Consultant’s CQA Monitor will work with the Contractor in resolving the items on the punch list. Upon completion of the items, Consultant will submit a statement of completion to the City.
Preparation of Draft and Final Reports. At the completion of the construction activities, Consultant’s CQA officer/ project manager will prepare and sign a final CQA report. A draft report will be submitted to the City upon completion of the construction project. Upon receipt of the City’s comments, a final report will be submitted to the City. The final report will consist of a summary of the construction activities, modifications to the design, if any, project CQA field and laboratory test procedures, photographic log, and a compilation of all of the project CQA documentation in an organized report format. In addition, the test-result template created and maintained throughout the project will be included showing that the specified requirements were met. Any comments from the regulatory agencies on the work performed by Consultant will be addressed and/or changed in the final report.
12 I:\cmo\Agreements\Agreement w Geologic Associates.bm.07.06.2026.FY2728-07.docx EXHIBIT "B"
FEE SCHEDULE
PROFESSIONAL STAFF
Principal Professional III................................................................................................... $299.00/hour Principal Professional II.................................................................................................$278.00/hour Principal Professional I..................................................................................................$260.00/hour Senior Professional III....................................................................................................... $243.00/hour Senior Professional II.....................................................................................................$229.00/hour Senior Professional I......................................................................................................$215.00/hour Project Professional III...................................................................................................... $199.00/hour Project Professional II....................................................................................................$186.00/hour Project Professional I.....................................................................................................$175.00/hour Staff Professional III.......................................................................................................... $159.00/hour Staff Professional II .......................................................................................................$149.00/hour Staff Professional I.........................................................................................................$136.00/hour Principal Technician.......................................................................................................... $192.00/hour Managing Technician............................................................................................................. $169.00/hour Laboratory Manager............................................................................................................... $176.00/hour Technician IV ................................................................................................................$142.00/hour Technician III..................................................................................................................... $126.00/hour Technician II..................................................................................................................$113.00/hour Technician I...................................................................................................................$105.00/hour CADD/GIS/Database Manager III.................................................................................$148.00/hour CADD/GIS/Database Manager II ..................................................................................$138.00/hour CADD/GIS/Database Manager I....................................................................................$120.00/hour GIS Specialist .................................................................................................................... $158.00/hour CADD Designer ................................................................................................................ $149.00/hour Senior Technical Editor..................................................................................................... $148.00/hour Technical Editor..................................................................................................................... $125.00/hour Project Assistant III ........................................................................................................... $135.00/hour Project Assistant II.........................................................................................................$115.00/hour Project Assistant I..........................................................................................................$95.00/hour
EXPENSES
Airfare, car rental, cab, bus, parking .............................................................................. Actual cost Lodging, meals, phone....................................................Actual cost or negotiated per diem rates Mileage
Personal Vehicle ............................................................................................ Prevailing IRS rates Company Vehicle
Daily Rate .................................................................................... $120/day + actual gas cost Half day rate............................................................................$65/half day + actual gas cost Mileage .................................................................................................. Prevailing IRS rates Subcontractors/temporary service personnel ............................................................... Actual cost Computers, specialized software, and communications...........Special services at additional cost Equipment
Rentals (e.g., environmental monitors)................................................................ Actual cost Fabrication in shop.................................................................................Labor plus materials Misc. field equipment and supplies ..................................................................... Actual cost Meters, gauges, and monitors...............................Separate schedule available upon request 13 I:\cmo\Agreements\Agreement w Geologic Associates.bm.07.06.2026.FY2728-07.docx
EXHIBIT "C"
WORKERS’ COMPENSATION INSURANCE CERTIFICATION
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.
GEOLOGIC ASSOCIATES, INC.
By: Date: ___________________
Caleb Miller, Project Manager