And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed there under of the Specifications accompanying the same shall in any ways affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the Specifications. We hereby state and confirm that we are a California admitted insurer as defined by the California Department of Insurance.
In the event that the Owner or its successors or assigns, shall be the prevailing party in an action brought upon this bond, then, in addition to the penal sum hereinabove specified, we
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agree to pay to the Owner for its successors or assigns, a reasonable sum on account of attorneys fees in such action, which sum shall be fixed by the court.
IN WITNESS WHEREOF, the above bounded parties have executed this instrument under their seals this _________ day of __________________, 20 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to the authority of its governing body. (Principal)
NOTE: By
To be signed by By
Principal and Surety
and acknowledgment
and nortarial seal
(Surety)
By
By
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WORKERS' COMPENSATION CERTIFICATION
Labor Code Section 1861
The Bidder hereby certifies as follows:
"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 and furnish proof of said insurance before commencing the performance of the work of this contract."
Name of Contractor
Signature of Contractor Representative
Dated: __________________________
NOTE: THIS CERTIFICATION MUST BE COMPLETED AND RETURNED BY THE SUCCESSFUL BIDDER PRIOR TO THE START OF CONSTRUCTION.
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CERTIFICATION OF SAFETY REQUIREMENTS FOR
CONTRACTORS AND VENDORS
California Code of Regulations, Title 8, Section 1509
To work as a contractor or vendor with the City of San Carlos, your organization is required to certify that it has an active on-the-job written Injury and Illness Prevention Program. This program is essential to make the job as accident-free as possible and to comply with Federal and State Safety Standards.
The undersigned hereby certifies that his/her organization has an active written Injury and Illness Prevention Program, as required by Cal-OSHA under California Code of Regulations, Title 8, General Industry Safety Orders, Section 3203 and/or Construction Safety Orders, Section 1509, that ensures compliance with, and enforcement of, current minimum Cal-OSHA Safety Standards, and that his/her organization has knowledge of these standards that are applicable to the job operations. This includes a program for ensuring employees have been trained to recognize hazards of their job.
The undersigned also hereby certifies that his/her organization has an active written Hazard Communication Program with evidence that all employees have been trained in safe use and handling of chemicals on the job site, and a file will be made available for review by the City of San Carlos of each Material Safety Data Sheet (MSDS) on those chemicals kept on the site.
Name of Contractor
Signature of Contractor Representative
Dated: __________________________
NOTE: THIS CERTIFICATION MUST BE COMPLETED AND RETURNED BY THE SUCCESSFUL BIDDER PRIOR TO THE START OF CONSTRUCTION.
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DRUG-FREE WORKPLACE CERTIFICATION
The bidder_________________________________________________________________, hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. The contractor will:
1. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a).
2. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b), to inform employees about all of the following:
(a) The dangers of drug abuse in the workplace,
(b) The persons or organizations policy of maintaining a drug-free workplace, (c) Any available counseling, rehabilitation and employee assistance programs, and (d) Penalties that may be imposed upon employees for drug abuse violations.
3. Provide as required by Government Code Section 8355(c), that every employee who works on the proposed contract or loan:
(a) Will receive a copy of the companys drug-free policy statement, and (b) Will agree to abide by the terms of the companys statement as a condition of employment on the contract or loan.
I, the official named below, hereby swear that I am duly authorized legally to bind the contractor to the above described certification. I am fully aware that this certification, executed on the date below, is made under penalty of perjury under the laws of the State of California.
Dated:_______________________, 20____.
________________________________
Contractors Signature
NOTE: THIS CERTIFICATION MUST BE COMPLETED AND RETURNED BY THE SUCCESSFUL BIDDER PRIOR TO THE START OF CONSTRUCTION.
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ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION (Optional) Public Contract Code Section 22300
This Escrow Agreement is made and entered into by and between _______________________________ whose address is __________________________________________________ hereinafter called "Owner,"________________________________ whose address is ______________________________
____________________hereinafter called "Contractor" and ____________________________________ whose address is __________________________________________ hereinafter called "Escrow Agent." For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows:
(1) Pursuant to Section 22300 of the Public Contract Code of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by Owner pursuant to the Construction Contract entered into between the Owner and Contractor for __________________ in the amount of _______________ dated __________ (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the Owner shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the Owner within 10 days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the Owner and Contractor. Securities shall be held in the name of ____________________, and shall designate the Contractor as the beneficial owner. (2) The Owner shall make progress payments to the Contractor for those funds which otherwise would be withheld
from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above.
(3) When the Owner makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until the time that the escrow created under this contract is terminated.
The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the Owner pays the Escrow Agent directly.
(4) Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the Escrow Account and all expenses of the Owner. These expenses and payment terms shall be determined by the Owner, Contractor, and Escrow Agent.
(5) The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the Owner. (6) Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from the Owner to the Escrow Agent that Owner consents to the withdrawal of the amount sought to be withdrawn by Contractor. (7) The Owner shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven (7) days written notice to the Escrow Agent from the owner of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the Owner.
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(8) Upon receipt of written notification from the Owner certifying that the Contract is final and complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account.
The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges.
(9) Escrow Agent shall rely on the written notifications from the Owner and the Contractor pursuant to Sections (5) to (8), inclusive, of this agreement and the Owner and Contractor shall hold Escrow Agent harmless from Escrow Agent's release and disbursement of the securities and interest as set forth above. (10) The names of the persons who are authorized to give written notice or to receive written notice on behalf of the Owner and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows:
On behalf of Owner: On behalf of Contractor: On behalf of Escrow Agent:
___________________________ ___________________________ _______________________________ Title Title Title
___________________________ ___________________________ _______________________________ Name Name Name
___________________________ ___________________________ _______________________________ Signature Signature Signature
___________________________ ___________________________ _______________________________ Address Address Address
At the time the Escrow Account is opened, the Owner and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above.
Owner: Contractor:
______________________________ ___________________________________ Title Title
______________________________ ___________________________________ Name Name
______________________________ ___________________________________ Signature Signature
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GENERAL PROVISIONS
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TABLE OF CONTENTS
SECTION 1 TERMS AND DEFINITIONS
1.01 Terms .......................................................................................................................................... 1
1.02 Definitions ................................................................................................................................... 1 SECTION 2 PROPOSAL REQUIREMENTS AND CONDITIONS
2.01 General ....................................................................................................................................... 5
2.02 Proposal Forms........................................................................................................................... 5
2.03 Qualifications of Bidders ............................................................................................................. 5
2.04 Rejection of Proposals Containing Alterations, Erasures, or Irregularities.................................. 5
2.05 Submission of Bids...................................................................................................................... 5
2.06 Approximate Estimate ................................................................................................................. 6
2.07 Examination of Plans, Specifications and Work Site................................................................... 6
2.08 Withdrawal of Proposals ............................................................................................................. 6
2.09 Proposal Guarantee .................................................................................................................... 6
2.10 Disqualification of Bidders........................................................................................................... 6
2.11 Bid Protest Procedures ............................................................................................................... 6
2.12 List of Subcontractors ................................................................................................................. 7
2.13 Required Contractor and Subcontractor REgistration................................................................. 7 SECTION 3 REVIEW OF BIDS, CONTRACT AWARD AND EXECUTION
3.01 Public Bid Opening and Initial Review ........................................................................................ 8
3.02 Determination of Lowest Responsible Bidder ............................................................................. 8
3.03 Notice of Award........................................................................................................................... 9
3.04 Contract Execution...................................................................................................................... 9
3.05 Status of Contractor .................................................................................................................... 9
3.06 Assignment ................................................................................................................................. 9
3.07 Recognition of Subcontractors .................................................................................................... 9
3.08 Return of Bid Security ................................................................................................................. 9
3.09 Forfeiture of Proposal Guarantee................................................................................................ 10
3.10 Contract Bonds ........................................................................................................................... 10
3.11 Notification of Surety Companies................................................................................................ 11
3.12 Power of Attorney........................................................................................................................ 11
3.13 Insurance Requirements ............................................................................................................. 11
3.14 Special Requirements ................................................................................................................. 11
3.15 Builders Risk Insurance .............................................................................................................. 12
3.16 Certificates .................................................................................................................................. 12
3.17 Legal Address of Contractor ....................................................................................................... 12
3.18 Office of Contractor at Site.......................................................................................................... 12 SECTION 4 SCOPE AND CONTROL OF THE WORK
4.01 Work to be Done ......................................................................................................................... 13
4.02 Plans and Specifications ............................................................................................................. 13
4.03 Reference to Standards and Codes............................................................................................ 13
4.04 Authority of the Engineer............................................................................................................. 14
4.05 Contract Documents and Precedence ........................................................................................ 14
4.06 Interpretation of Specifications and Drawings............................................................................. 14
4.07 Figured Dimensions .................................................................................................................... 14
4.08 Errors or Discrepancies............................................................................................................... 15
4.09 Drawings to be Furnished by Contractor..................................................................................... 15
4.10 Additional Drawings by City ........................................................................................................ 15
4.11 Lines and Grades........................................................................................................................ 15
4.12 Record Documents ..................................................................................................................... 15
4.13 Record Drawings......................................................................................................................... 15
4.14 Reuse of Documents................................................................................................................... 16
4.15 Subsurface Data ......................................................................................................................... 16
4.16 Right-of-Way ............................................................................................................................... 16
4.17 Removal of Defective and Unauthorized Work ........................................................................... 16
4.18 Acceptance of Defective Work .................................................................................................... 16
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4.19 Submittals ................................................................................................................................... 16
4.20 Substitutions................................................................................................................................ 17
4.21 Construction Staking Lines and Grades...................................................................................... 18
4.12 Inspection of the Work ................................................................................................................ 18
4.23 Testing ........................................................................................................................................ 18 SECTION 5 CHANGES IN WORK
5.01 Limited City Authority to Approve Change Orders ...................................................................... 20
5.02 Contractor Liability for Unapproved Change Orders ................................................................... 20
5.03 Non-Material Change Requests by the Contractor ..................................................................... 20
5.04 Effect of Extension of Time ......................................................................................................... 20
5.05 Letters of Instruction.................................................................................................................... 20
5.06 Requests for Information, Inconsistencies and Changed Conditions.......................................... 20
5.07 Extra and Omitted Work.............................................................................................................. 21
5.08 Change Orders............................................................................................................................ 21
5.09 Disputed Work............................................................................................................................. 23 SECTION 6 CONTROL OF MATERIALS
6.01 Materials and Workmanship........................................................................................................ 24
6.02 Protection of Work and Materials ................................................................................................ 24
6.03 Trade Names or Equals .............................................................................................................. 24
6.04 Inspection of Materials by City .................................................................................................... 25
6.05 Inspection of Materials by Others................................................................................................ 25
6.06 Tests of Materials........................................................................................................................ 25
6.07 Certification ................................................................................................................................. 25
6.08 Weighing and Metering Equipment ............................................................................................. 25
6.09 Calibration of Testing Equipment ................................................................................................ 26 SECTION 7 UTILITIES
7.01 Citys Statutory Obligation........................................................................................................... 27
7.02 Contractors Obligation to Identify and Protect Subsurface Infrastructure .................................. 27
7.03 Location....................................................................................................................................... 27
7.04 Protection .................................................................................................................................... 28
7.05 Shut Down Notification................................................................................................................ 28
7.06 Removal ...................................................................................................................................... 28
7.07 Relocation ................................................................................................................................... 28
7.08 Delays ......................................................................................................................................... 29
7.09 Cooperation................................................................................................................................. 29 SECTION 8 PROSECUTION AND PROGRESS
8.01 Notice to Proceed........................................................................................................................ 30
8.02 Commencement of Work ............................................................................................................ 30
8.03 Subcontracting ............................................................................................................................ 30
8.04 Administrative Duties .................................................................................................................. 30
8.05 Baseline Construction Schedule ................................................................................................. 30
8.06 Three-Week Look Ahead Schedule ............................................................................................ 30
8.07 Construction Sequence............................................................................................................... 31
8.08 Recording Existing Conditions .................................................................................................... 31
8.09 Preconstruction Conference........................................................................................................ 31
8.10 Progress Meeting ........................................................................................................................ 31
8.11 Hours of Construction ................................................................................................................. 31
8.12 Prosecution of Work.................................................................................................................... 31
8.13 Suspension of Work .................................................................................................................... 32
8.14 Default by the Contractor and Termination of Control................................................................. 32
8.15 Contractors Right to Stop Work or Terminate Contract.............................................................. 33
8.16 Citys Right to Terminate Contract .............................................................................................. 33
8.17 Time of Completion and Days Charged ...................................................................................... 34
8.18 Liquidated Damages ................................................................................................................... 34
8.19 Delays and Extension of Time .................................................................................................... 35
8.20 Substantial Completion ............................................................................................................... 37
8.21 Project Closeout.......................................................................................................................... 37
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8.22 Final Completion ......................................................................................................................... 37
8.23 Final Acceptance......................................................................................................................... 37
8.24 Risk of Loss................................................................................................................................. 37
8.25 Use of Improvements During Construction ................................................................................ 38 SECTION 9 RESPONSIBILITIES OF THE CONTRACTOR
9.01 Contractors Responsibility for the Work ..................................................................................... 39
9.02 Contractors Responsibility for Subcontracted Work................................................................... 39
9.03 Superintendent............................................................................................................................ 39
9.04 Character of Workers .................................................................................................................. 39
9.05 Laws to be Observed .................................................................................................................. 39
9.06 Permits and Fees ........................................................................................................................ 41
9.07 Coordination and Cooperation .................................................................................................... 41
9.08 Use of Premises.......................................................................................................................... 42
9.09 Construction Staging and Field Office......................................................................................... 42
9.10 Site Security ................................................................................................................................ 43
9.11 Construction Water ..................................................................................................................... 43
9.12 Project Site Maintenance ............................................................................................................ 43
9.13 Preservation of Property ............................................................................................................. 45
9.14 Protection of Buried Utilities ........................................................................................................ 46
9.15 Protection of Bridges................................................................................................................... 46
9.16 Protection of Traffic Signal Facilities ........................................................................................... 46
9.17 Restoration of Adjacent and Existing Improvements .................................................................. 47
9.18 Archeological Remains ............................................................................................................... 47
9.19 Access to Private Property.......................................................................................................... 47
9.20 Traffic Control and Public Convenience...................................................................................... 47
9.21 Safety .......................................................................................................................................... 50
9.22 Patent Fees or Royalties............................................................................................................. 52
9.23 Advertising .................................................................................................................................. 52
9.24 Antitrust Claims ........................................................................................................................... 52
9.25 Audit and Examination of Records.............................................................................................. 52
9.26 Notice of Entrance....................................................................................................................... 53
9.27 Additional and Emergency Protection ......................................................................................... 53
9.28 Placing Portions of Work in Service ............................................................................................ 53
9.29 Rights of Way.............................................................................................................................. 53 SECTION 10 MEASUREMENT AND PAYMENT
10.01 Measurement of Quantities for Unit Price Work.......................................................................... 54
10.02 Bid Items ..................................................................................................................................... 54
10.03 Bid Quantities.............................................................................................................................. 54
10.04 Progress Payments..................................................................................................................... 55
10.05 Retentions ................................................................................................................................... 57
10.06 Final Payment ............................................................................................................................. 57
10.07 Acceptance ................................................................................................................................. 58
10.08 Extra Work and Work Omitted .................................................................................................... 58
10.09 Compensation for Extra Work Omitted ....................................................................................... 58
10.10 Compensation to City for Extension of Time............................................................................... 58
10.11 Liquidated Damages for Delay.................................................................................................... 58
10.12 Claims ......................................................................................................................................... 58
10.13 Time Limit on Claims................................................................................................................... 59
10.14 City Response to Claims............................................................................................................. 59
10.15 Appeal of Engineers Decision .................................................................................................... 59 SECTION 11 GUARANTEE
11.01 Contractors Guarantee............................................................................................................... 60
11.02 Correction of Defective Work During the Guarantee Period ....................................................... 60 * * *
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GENERAL PROVISIONS
SECTION 1 TERMS AND DEFINITIONS
1.01 Terms Unless otherwise stated, the words directed, required, permitted, ordered, instructed, designated, considered necessary, prescribed, approved, acceptable, satisfactory, or words of like meaning, refer to actions, expressions, and prerogatives of the Engineer.
1.02 Definitions Except as amended or supplemented, whenever in the Contract Documents the following terms are used, the intent and meaning shall be interpreted as follows:
Agreement - The written contract documents between the City and the Contractor covering the performance of the work.
As Shown, As Indicated, As Detailed - Where these words or words of similar import, are used, it shall be understood that reference to the drawings accompanying these specifications is made unless stated otherwise. Where "As Directed", "As Permitted", "Approved", or words of similar import, are used, it shall be understood that the direction, requirements, permission, approval, or acceptance of the Engineer is intended unless stated otherwise. As used herein, "Provide" shall be understood to mean "Provide Complete in Place" that is, "Furnish and Install, "Install" shall mean the installation complete in place of an item of equipment furnished by the City.
ASTM - American Society for Testing and Materials specifications.
AWWA - American Water Works Association and its Standard Specifications.
Addenda - Written or graphic instruments issued prior to the opening of bids which clarify, correct or change the bidding documents or the Contract Documents.
Bid - The offer or proposal of the bidder submitted on the prescribed forms setting forth the prices for the work to be performed.
Bid Forms - Includes the Bid Schedule, Designation of Subcontractors, Bidders Statement of Responsibility, Bidders Non-Collusion Affidavit, Bid Security, and all other information requested by the Bid Proposal Documents.
Bidder Any individual, firm, partnership, corporation, or combination thereof submitting a bid for the work, acting directly or through a duly authorized representative. After the City awards the Contract, the term Bidder shall be equivalent to the term Contractor for the purpose of identifying the Contractors rights and obligations under the Contract Documents.
Bidding Documents - The Notice Inviting Sealed Proposals, Instruction to Bidders, Bid Proposal forms and Bidders Bond.
Bonds - Bid, performance, labor and material, and warranty bonds and other instruments of security.
Change Orders A written order by the Engineer to the contractor making changes in the plans or specifications which is signed by the Contractor and City authorizing an addition, deletion or revision in the work, with possible adjustment in the contract price or the contract time, issued on or after the effective date of the Agreement. If the change involves items for which there is no contract unit price, the order shall so state and stipulate that the changes shall be performed as extra work or work omitted.
City - The City of San Carlos acting through the City Council or any other board, body, official(s) to which or to whom the power belonging to the City Council has been properly delegated.
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City Regulations - All written laws, rules, and policies established by the City, including those set forth in the General Plan, San Carlos Municipal Code, ordinances, resolutions, policies, procedures, and City design documents (including the Standard Specifications, design standards, and relevant Public Facility Master Plans).
Code The terms Government Code, Labor Code, etc., refer to codes of the State of California.
Contract See definition for Agreement.
Contract Documents - See Agreement, Section 2.1, List of Contract Documents and Precedence.
Contract Drawings or Plans - All drawings which may have been prepared by or in behalf of the City, as a basis for proposals, when duly signed and made a part of this contract by incorporation or reference, all drawings submitted in pursuance of the terms of this contract by the successful bidder with his proposal and by the contractor to the City and reviewed by the Engineer; and all drawings submitted by the Engineer to the contractor during the progress of the work as provided for herein.
Contract Price - The total amount of money for which contract is awarded and as amended.
Contract Time - The number of days or the date stated in the contract as the duration for completing work.
Contract Unit Price - The Contractors original bid for a single unit of an item of work in the proposal.
Contractor - An individual, partnership, corporation, developer, joint venture, subdivider or other legal entity entering into a contract or agreement with the City to perform the work covered by this contract, and their authorized agents or legal representatives. After the City awards the Contract, the term Contractor shall be equivalent to the term Bidder for the purpose of identifying the Contractors rights and obligations under the Contract Documents.
Day or Days - Unless herein otherwise expressly defined, shall mean a calendar day of twenty-four hours each.
Defective Work - Work that is unsatisfactory, faulty, omitted, incomplete, deficient, or does not conform to the requirements of the Contract Documents, directives of the Engineer, or requirements of any inspection, reference standard, test, or approval specified in the Contract Documents, or has been damaged prior to the Engineers recommendation of final acceptance. See General Provisions Section 6.01, Materials and Workmanship.
Directive Any document, signed by the City, with instruction to the Contractor pertaining to the completion of a project objective; including, but not limited to responses to requests for information, clarifications, letters of instruction, the notice of award and the notice to proceed.
Engineer - The Engineer duly and officially appointed by the City to represent the City and to observe the work of construction under this contract, acting personally or through agents or assistants duly authorized by him, such agents or assistants acting within the scope of the particular duties entrusted to them.
Extra Work - Performance or furnishing of work or material found necessary for the proper completion of the improvements, the payment of which is not covered by any item of the bid schedule and for which no means of payment, direct or indirect, has been provided in the contract.
Final Completion - The point at which work has been completed in accordance with the contract documents, plans and specifications to the satisfaction of the Engineer and there are no items of work remaining to be completed. See General Provisions, Section 8.22, Final Completion.
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Force Account Work Force account work is a method of compensation utilized to pay for extra work typically needed to overcome unanticipated work, resulting from the project work scope, necessary to complete the project work scope that cannot be well defined prior to the start of extra work. General Provision, Section
5.08 Change Orders establishes the specific methods of compensation for labor, materials and equipment used to perform the force account work.
Greenbook - The Standard Specifications and Plans written and promulgated by Public Works Standards, Inc., entitled Standard Specifications for Public Works Construction, and Standard Plans for Public Works Construction, current editions.
Hold Harmless - Agreement by one party to bring no claim for negligence, breach of contract, indemnity or otherwise against another party. See Agreement Section 17, Indemnification.
Inspector - The engineering or technical inspector(s) duly authorized or appointed by the Engineer or City, limited to the particular duties entrusted to him or them.
Liquidated Damages - The amount of dollars assessed for each and every calendar day required to complete the contract in excess of the contract time. See General Provisions, Section 8.18, Liquidated Damages.
Losses - Any and all losses, costs, liabilities, claims, damages, and expenses, including, without limitation, reasonable attorneys fees and expenses.
Modification Modifications to the Agreement are executed by change orders, and may only be issued after the effective date of the contract.
Notice - Any notice allowed or required to be given by the City may be given by the Engineer.
Notice of Award The written notice by the City to the successful Bidder stating that upon completion of required conditions the City will execute the contract.
Notice to Proceed A written notice by the City to the Contractor authorizing the Contractor to proceed with the work and fixing the date on which the contract time will start.
Plans - The contract plans and/or supplemental drawings approved by the Engineer which show the location, character, dimensions and details of the work.
Project - The total construction of which the work performed under the Contract Documents may be the whole or a part and which may include construction by the City or by separate Contractors.
Proposal - The offer of a bidder when submitted on the proposal form, properly signed and guaranteed.
Reference Specifications - Those standards, rules, method of tests or analysis, codes, and specifications of other agencies, engineering societies, or industrial associations referred to in the Contract Documents. These refer to the current edition or amendments in effect at the time of advertising the project unless specifically referred to by edition, volume or date. Unless otherwise stated in the plans or specifications, the reference specification in effect shall be that edition which was in effect on the date of the Notice Inviting Bids.
Shop Drawings - All drawings, diagrams, illustrations, schedules and other data which are specifically prepared by or for the Contractor to illustrate some portion of the work and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams and other information prepared by a supplier and submitted by the Contractor to illustrate material or equipment for some portion of the work. See General Provisions, Section 4.13, Submittals.
Special Provisions - Any provisions which supplement or modify these standard specifications.
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Specifications The information, directions, provisions and requirements pertaining to the work, and contained herein including Special Provisions, Technical Specification, General Provisions, those administrative subsections of Caltrans Standard Specification that are specifically referenced in this Contract and the non- administrative sections (Section 10 through 95) of the Caltrans Standard Specification dated May 2006.
Standard Plans - The Standard Details of the City of San Carlos, current edition, including the Parks and Streetscape Standard Plans, current edition, identifying construction standards for the various items of work indicated and/or referred to on the plans, specifications or special provisions.
Standard Specifications - The Standard Specifications of the City of San Carlos.
Standard Specifications for Public Works Construction - The Standard Specifications for Public Works Construction, Greenbook, current edition.
State - State of California.
State Standard Plans - The Standard Plans of the Department of Transportation of the State of California, (Caltrans) Standard Plans dated May 2006.
State Standard Specifications - The Standard Specifications of the Department of Transportation of the State of California Caltrans Standard Specification dated May 2006.
Subcontractor - Any individual, firm or corporation having a direct contract with the Contractor or with any other Subcontractor for the performance of a part of the work at the site. Unless otherwise specifically provided, the term Subcontractor includes Subcontractor of any tier, suppliers, manufacturers and distributors.
See Section 3.07 of the General Provisions.
Substantial Completion When the work (or a specified part thereof) has progressed to the point where it is sufficiently complete and in accordance with the Contract Documents. See General Provisions, Section
8.20, Substantial Completion.
Superintendent The executive representative of the contractor responsible for the site supervision of the work at all times during progress, authorized to receive and fulfill instructions from the Engineer and to accept orders for changed and extra work.
Surety - Any individual, firm or corporation, bound with and for the Contractor for the acceptable performance and completion of the work, and the satisfaction of all obligations incurred.
Surveyor - A land surveyor licensed in the State of California.
Unbalanced Bid - See Materially Unbalanced Bid and Mathematically Unbalanced Bid.
Work - The construction and services required by the Contract Documents as amended by contract modifications, whether completed or partially completed, including all labor, materials, equipment, tools, and services provided or to be provided, by the Contractor to fulfill the Contractors obligations. The work may constitute the whole or a part of the project
Working Day Any day except Saturday, Sunday, Holidays observed by the City, or days in which the Contractor is entitled to an excusable delay. Holidays observed by the City are: Thanksgiving, day after Thanksgiving, Christmas Day, New Years Day, Martin Luther King Jr. Day, Presidents Day, Memorial Day, Independence Day, Labor Day, and Veterans Day. See General Provisions, Section 8.19, Delays and Extension of Time.
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SECTION 2 PROPOSAL REQUIREMENTS AND CONDITIONS
2.01 General - Bidders may obtain complete sets of the Contract Documents, including the proposal forms to be used for bidding, at the location designated in the Notice to Bidders. Bidders shall use complete sets of Contract Documents in the preparation of bids. The City makes copies of the Contract Documents available, on the above terms, for the sole purpose of obtaining Bids for the work and does not confer a license or grant permission for any other use of the Contract Documents.
2.02 Proposal Forms The portion of the Contract Documents entitled Bid Proposal focuses the Bidders attention on the requirements for submitting a proposal, including the Notice to Bidders, and the Bid Proposal Forms.
Bids are required for the entire work described herein and shall be submitted on the blank forms prepared by the City and provided herein. The Bid Proposal submitted to the City shall consist of the completed Bid Schedule, Designation of Subcontractors, Bidders Statement of Responsibility, Bidders Non-Collusion Affidavit, Bidders Qualifications, Bidders References, Signature of Bidder, Bid Guaranty, and all other information requested by the Bid Proposal documents.
All proposals shall type or print legibly in ink the proposed prices both in writing and in figures and shall be signed, with address included, by the bidder or the bidder's authorized representative. Corrections must all be individually initialed by the Bidder. Bidder shall not modify or qualify the Bid Forms in any manner.
The Bid Forms shall be signed by a person or persons legally authorized to bind the Bidder to the Contract. The individuals signing each document shall warrant that they are authorized to bind the legal entity of the Bidder. Proposals made by individuals must show the individual's signature and post office address; if made by a firm or partnership and the signature of one or all of the partners must be shown. Proposals submitted by corporations must show the name and post office address of the corporation, the name of the state, under whose laws the corporation is chartered, and the signature and title of the person signing on behalf of the corporation.
2.03 Qualifications of Bidders - Each bidder shall be licensed as specified in the Notice to Bidders and in accordance with the provisions of Chapter 9, Division 3, of the Business and Professions Code, State of California, and shall be skilled and regularly engaged in the general class or type of work called for under this contract.
It is the intention of the City to award a contract only to a bidder who is able to furnish satisfactory evidence that he has the requisite experience and ability and that he has sufficient capital, facilities and plant to enable him to prosecute the work successfully and promptly, and to complete it within the time set forth in the contract.
In determining the degree of responsibility to be credited to a bidder, the City will weigh any evidence indicating the bidder, or personnel guaranteed to be employed in responsible charge of the work, has satisfactorily performed other contracts of like nature and magnitude.
2.04 Rejection of Proposals Containing Alterations, Erasures, or Irregularities - Proposals may be rejected if they show any alterations of form, additions not called for, conditional or alternative bids, incomplete bids, irregularities of any kind, or corrections and erasures without initials by the Bidder.
2.05 Submission of Bids - All Bid Forms, including all documents required to be submitted with the Bid, shall be enclosed in a sealed opaque envelope. The envelope shall be clearly marked on its face with the Bidders name and address, and the notation SEALED BID ENCLOSED, CITY OF SAN CARLOS, with an identification of the project name and number as identified in the Notice to Bidders. If the Bid is sent by mail, the sealed envelope shall be enclosed in a separate mailing envelope. Oral, telephonic, facsimile, telegraphic, or electronically transmitted Bids are invalid and will not be accepted.
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Bids may be mailed or delivered by messenger. It is the Bidders responsibility alone to ensure that the Bid is received prior to the bid opening deadline at the place specified in the Notice to Bidders. Whether or not bids are opened exactly at the time fixed in the public notice inviting bids, any bid received after that time shall be returned unopened.
2.06 Approximate Estimate - The quantities listed in the bid schedule are approximate only, supplied as a general indication of the scope of work and to be used as a basis for comparing bids. The City does not expressly or by implication agree that the actual amount of work will correspond therewith, and reserves the right to increase or decrease the amount of any class or portion of the work, or to delete any portions of the work in their entirety, from the quantities listed on the bid schedule, as may be deemed necessary or advisable by the Engineer.
2.07 Examination of Plans, Specifications and Work Site - Bidder shall examine carefully the plans, specifications, proposal and contract forms, and the physical site of the work contemplated, regardless of if a site walk or pre-bid meeting has been scheduled by the City or not.. It will be assumed that the bidder has investigated and is aware of the conditions to be encountered in carrying out the proposed work, and is fully satisfied as to the scope, character, quality, quantity and requirements of the proposed work, and the submission of a bid will be an acknowledgement of that assumption.
The bidder shall receive no additional compensation for obstacles or difficulties due to surface or subsurface conditions actually encountered. Where investigations of surface or subsurface conditions have been made by the City in respect to foundation or other structural design, and that information is shown in the plans, said information is included only for the convenience of bidders. The City assumes no responsibility whatsoever as to the sufficiency or accuracy of borings, or of the log of test borings or other investigations or tests, or of the interpretation thereof; there is no guaranty, warranty or representation, express or implied, that the conditions indicated thereby in fact exist or are representative of those existing throughout the work. Such information shall be used as a basis for bids at the bidder's own and sole risk; making such information available to bidders is not to be construed in any way as a waiver of the other provisions of this paragraph, and bidders must satisfy themselves through their own investigation as to the surface and subsurface conditions to be encountered at the site. By submitting a Proposal, the Bidder has certified that he has examined all items indicated in Section
2.07, "Examination of Plans, Specifications, and Site of the Work." Each proposal shall be enclosed in a sealed envelope and endorsed as specified in the Notice Invited Sealed Proposals. Bidders are warned the proposals containing irregularities of any kind, including erasures, omissions, conditions, alterations, or additional proposals may be rejected.
2.08 Withdrawals of Proposals - Any proposal may be withdrawn at any time prior to the time fixed in the Notice Inviting Sealed Proposals for the opening of bids, provided that a request in writing, executed by the bidder or his duly authorized representative, for the withdrawal of such bid, is filed with the City. The withdrawal will not prejudice the right of a bidder to file a new proposal.
2.09 Proposal Guaranty - Each proposal shall be accompanied by either a certified check, cashier's check, or bidder's bond of a surety company acceptable to the City in an amount not less than ten percent (10%) of the bid amount, and shall be made payable to the City.
2.10 Disqualification of Bidders - More than one proposal from an individual, firm or partnership, a corporation, or an association under the same or different names will not be considered. Reasonable grounds for believing that any bidder is interested in more than one proposal for the work will be the cause of the rejection of all proposals in which such bidder is interested. If there is a reason to believe that collusion exists among the bidders, none of the participants in such collusion will be considered. Proposals in which the prices obviously are unbalanced may be rejected.
2.11 Bid Protest Procedures Any protest of the proposed contract award shall be submitted in writing to the City Clerk no later than 5:00 p.m. on the fifth (5 th) business day following the date of the bid opening. If the fifth day falls on a weekend or holiday, the last day of the protest period shall be the first working day following the fifth day.
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The protest must include the name, address, and telephone number of the person representing the protesting party. In addition,
(a) The party filing the protest must have submitted a bid for the Project. A Subcontractor of a party filing a bid for the project may not submit a bid protest. (b) The protest must contain a complete statement of the basis for the protest, and refer to the specific portion of the Contract Documents or the specific statute that forms the basis for the protest.
(c) The party filing the protest must concurrently transmit a copy of the protest to the proposed awardee.
Any bidders failure to fully comply with these procedures shall constitute a waiver of any right to further pursue a bid protest, including filing of a challenge of the award pursuant to the California Public Contract Code, filing of a claim pursuant to the California Government Code, or filing of any other legal proceedings.
The City shall review all timely protests prior to the award of contract. The City shall not be required to hold an administrative hearing to consider any protests, but may do so at its option. The City Council or the City Manager as designee if the authority to award the contract has already been granted by the City Council, may either reject the protest and award the project to the lowest responsible bidder or accept the protest and award the project to the next lowest responsible bidder. Nothing in this section shall be construed as a waiver of the City Councils right to reject all bids.
2.12 List of Subcontractors - In accordance with the provisions of Section 4104 of the Public Contract Code, each proposal shall list the name, address and license number of each subcontractor to whom the bidder proposes to sublet portions of the work. A subcontractor is defined as one who contracts with the contractor to furnish materials and labor, or labor only, for performance of work. Subcontractors shall be listed on the form provided in the Bid Proposal.
2.13 Required Contractor and Subcontractor Registration - In accordance with Labor Code Section 1725.5 and 1771.1, the contractor and all subcontractors shall be registered with the California Department of Industrial Relations (DIR) prior to the bid opening. All 2nd and lower tier subcontractors working on the project shall be registered with the Department of Industrial Relations prior to the work being performed. An inadvertent error in listing a subcontractor who is not registered may not be grounds for considering the bid non-responsive providing that any of the provision in Labor Code Section 1771.1(c) are satisfied.
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SECTION 3: REVIEW OF BIDS, CONTRACT AWARD AND EXECUTION
3.01 Public Bid Opening and Initial Review - Bids which have been submitted in accordance with the requirements of the Bidding Documents, and which are received on or before the bid deadline will be opened publicly, and the dollar amounts of each bid shall be read aloud.
The City shall have the right to reject all bids. The City shall have the right to reject any bid not accompanied by the required bid security or any other item required by the Bidding Documents, or a bid which is in any other way incomplete or irregular. The City shall have the right to waive irregularities in a bid, and to award the Contract to the Lowest Responsible Bidder (as determined by the City), only if the irregularities are non-material and inconsequential.
3.02 Determination of Lowest Responsible Bidder - Criteria for determining low bid in all contracts with the City involving an expenditure of $5,000.00 or more shall be determined as the Lowest Monetary Bidder on the basis of the Engineers approximate estimate of the quantities of work to be done as set forth in the Bid Schedule, in accordance with the calculation criteria set forth on the bid.
After the Lowest Monetary Bidder has been determined, the Engineer shall review that Bidders bid in order to determine whether or not that Bidder is the Lowest Responsible Bidder. The term Lowest Responsible Bidder shall mean the Lowest Monetary Bidder whose bid is responsive, and who is responsible to perform the work, as required by the Contract Documents.
The term responsive is defined by California law, but generally means that the bid has been prepared and submitted in accordance with the Bidding Requirements. The term responsible is defined by California law, but generally means that the Bidder is able to demonstrate that it possesses: (1) the capacity to perform the work required by the Contract Documents with respect to financial strength, resources available, and experience; and (2) the integrity and trustworthiness to complete performance of the work in accordance with the Contract Documents.
The City will make its determination of responsibility based upon information submitted by Bidders contained in the Bidders Qualifications and Bidders References included in the Bid Forms and, if necessary, through interviews with previous cities, clients, design professionals, or subcontractors with whom the Bidder has worked. In determining whether or not a Bidder is responsible, the City may consider the following factors in relation to the work to be performed for this Project:
(a) Demonstrated financial strength including, but not limited to, resources available, bonding capacity, and available insurance.
(b) Demonstrated safety record including, but not limited to, Experience Modification Rate. (c) Successful completion of projects of similar scope and size. In reviewing this factor, the City may consider elements including, but not limited to, contract amount of completed projects, experience on public works projects, experience implementing prevailing wage certified payroll requirements, timeliness of performance and, if necessary, evaluation of the Bidders work by previous cities, clients, design professionals, or subcontractors. (d) Sufficiency of contract administration and construction management systems including, but not limited to, proposed scheduling tools, proposed subcontract forms, proposed progress payment applications, and proposed certification of payroll documents. (e) History of claims, litigation, termination or disqualification from projects.
If the Engineer finds that the Lowest Monetary Bidder submitted a responsive Bid and that the Bidder is responsible, then that Bidder shall be deemed the apparent Lowest Responsible Bidder, and the Engineer shall report the findings to the City Council.
If the Engineer finds that the Lowest Monetary Bidders bid is not responsive, or that the Lowest Monetary Bidder is not responsible, then the Engineer may review the responsiveness and responsibility
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of the next Lowest Monetary Bidder. If the Engineer finds that the next Lowest Monetary Bidder is responsive and responsible, then that next lowest Bidder shall be deemed the apparent Lowest Responsible Bidder, and Engineer shall report its findings as recommendations to the City Council. This process may continue until the Engineer finds the Lowest Monetary Bidder which is also responsive and responsible.
In the event that one or more Low Monetary Bidders are found by the Engineer to be non-responsive or non-responsible, those Bidders will be given notice and a reasonable opportunity to present additional relevant evidence to the Engineer for consideration, within five (5) working days after the Bidder receives the notice.
All findings by the Engineer shall be reported as recommendations to the City Council. The City Council reserves the right to reject any or all Bids, and to waive any irregularity. No Bid shall be binding upon the City until after the Agreement is signed by both the Contractor and the City. If the City Council determines that it is in the Citys best interest to award the Agreement, a Notice of Award shall be sent to the Lowest Responsible Bidder as determined by the City Council. The City Councils decision shall be final.
The City may investigate the responsibility and qualifications of all Bidders to whom the award is contemplated for a period not to exceed ninety (90) calendar days after the Bid opening, during which time no bid shall be withdrawn by the Bidders. The ninety (90) day review period may be extended upon the written request by the Engineer and written approval by the affected Bidder.
3.03 Notice of Award Should the City decide to proceed with the award of contract the City shall issue a Notice of Award to the lowest responsible bidder.
3.04 Contract Execution - Within fifteen (15) calendar days after receipt of the Notice of Award, the bidder shall submit to the City two (2) originals of the signed agreement, the required contract bonds and certificates of insurance. If the bidder fails or refuses to enter into a contract to do the work, then the proposal guaranty accompanying the bid shall be forfeited to the City. After the Bidder has properly submitted these documents, the City will execute the Agreement and issue a Notice to Proceed.
3.05 Status of Contractor - The right of general supervision by the City shall not make the contractor an agent of the City, and the liability of the contractor for all damages to persons or to public or private property arising from the contractor's execution of the work shall not be lessened because of such general supervision.
3.06 Assignment - No agreement or portion thereof maybe assigned without consent of the Council, except that the Contractor may assign money due which will accrue to him under the Agreement. If given written notice, such assignment will be recognized by the City to the extent permitted by law, but any assignment of money shall be subject to all proper setoffs and withholdings in favor of the City and to all deductions provided for in the Agreement. All money withheld, whether assigned or not, shall be subject to being used by the City for completion of the work, should the Contractor be in default.
Any attempt to assign or delegate the Agreement without the written consent of the City shall be void and of no force and effect. Consent by the City to one assignment shall not be deemed to be consent to any subsequent assignment.
3.07 Recognition of Subcontractors - No subcontractors will be recognized as such, and all persons engaged in the work of construction will be considered as employees of the contractor and their work shall be subject to the provisions of the contract, including specifically these general stipulations, the specifications and the contract drawings.
3.08 Return of Bid Security - Within ten (10) working days after the execution of the Agreement, the City will return the proposal guarantees accompanying the proposals that are not to be considered in making the award. All other proposal guarantees will be held until the Agreement has been fully executed, after which, they will be returned to the respective bidders whose proposals they accompanied.
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3.09 Forfeiture of Proposal Guaranty - If Bidder does not properly execute the contract and submit the acceptable bonds, insurance and certifications within the specified time; this shall be just cause for the annulment of the award and the forfeiture of the proposal guaranty to the City. The City may then award the contract to next Lowest Responsible Bidder. The forfeited proposal guaranty may be utilized by the City in accordance with Public Contract Code, Sections 20170 through 20174.
3.10 Contract Bonds - Before execution of the contract by the City, the Contractor shall file with the City surety bonds satisfactory to the City in the amounts, and for the purposes, noted below. Said bond shall be on the form furnished by the City herein.
(a) Performance Bond - The contractor shall furnish and bear the cost of a bond of a surety company acceptable to the City, which bond is conditioned upon the faithful performance of all covenants and stipulations under this contract within the time prescribed, in a manner satisfactory to the City, and that all materials and workmanship will be free from original or developed defects. The amount of the bond shall be one hundred percent (100%) of the total contract price; as such sum is set forth in the agreement.
Said bond shall be on the form furnished by the City herein.
As a condition precedent to satisfactory completion of this contract, an amount equal to ten percent (10%) of the estimated contract cost shall hold good for the period specified in said bond after completion and acceptance of the work by the City. (b) Labor and Material Bond The contractor shall furnish and bear the cost of a bond of a surety company acceptable to the City in the sum not less than one hundred percent (100%) of the total contract price, as such sum is set forth in the agreement, for the payment in full of all persons, companies, or corporations who perform labor upon or furnish materials to be used in the work under this contract, in accordance with the provisions of Section 4200 to 4208, inclusive (Chapter 3, Division 5), of the Government Code of the State of California, and any acts amendatory thereof. The bond shall be maintained by the Contractor in full force and effect until the work is accepted by the City and until all claims for materials and labor are paid.
Said bond shall be on the form furnished by the City herein. (c) Warranty Bond - The Contractor shall furnish a warranty bond in the amount of ten percent (10%) of the final contract price (total cost including change orders) to guaranty his work for two (2) years after acceptance of the work by the City Council.
Bonds shall be duly executed by a responsible corporate Surety, licensed and authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California. Each bond shall be signed by both the Contractor and Surety and the signature of the authorized agent of the Surety shall be notarized.
The Contractor shall pay all bond premiums, costs and incidentals. Should any bond become insufficient due to an increase in the contract amount, the Contractor shall obtain supplemental bonding within ten (10) days.
Should any Surety at any time be unsatisfactory to the City, notice will be given the Contractor to that effect. No further payments shall be deemed due or will be made under the Agreement until a new Surety shall qualify and be accepted by the City.
Changes in the work, or extensions of time, made pursuant to the Agreement, shall in no way release the Contractor or Surety from their obligations. The requirement for notifying the Surety of such changes or extensions shall be waived by the Surety.
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3.11 Notification of Surety Companies - The surety companies shall familiarize themselves with all conditions and provisions of this contract and they waive the right of special notification of any change or modification of this contract or of extension of time, or of decreased or increased work, or of the cancellation of the contract, or of any other act(s) by the City or City's authorized agents, under the terms of this contract, and failure to so notify the aforesaid surety companies of changes shall in no wise relieve the surety companies of their obligation under this contract.
3.12 Power of Attorney - Attorneys-in-fact who sign bid bonds or contract bonds must file a certified and effectively dated copy of their Power of Attorney with each bond.
3.13 Insurance Requirements - Contractor shall provide at his own cost and expense from contract award date to acceptance of the work covered by the contract:
(a) Workmen's Compensation and Employer's Liability Insurance of not less than the amount shown in the Special Provisions for all of his employees to be engaged in the work under this contract. Should any such work be sublet, the contractor shall require each of his subcontractors at any tier similarly to provide Workmen's Compensation and Employer's Liability Insurance, all in strict compliance with Federal and State laws. (b) Personal Injury, Bodily Injury and Property Damage Liability Insurance (including automobiles, products and/or completed operations coverage) and Aircraft and Watercraft Bodily Injury Liability and Property Damage Liability Insurance if contractor uses owned or non-owned water aircraft in his operation, with Personal Injury and Bodily Injury (including death resulting therefrom) of not less than a combined Personal Injury and Property Damage Liability limit of not less than the amount shown in the Special Provisions. Should any work covered by the contract be sublet contractor shall require each of his subcontractors of any tier similarly to provide the aforesaid coverages.
(c) All Risk (excluding Earthquake and Flood) Builder's Risk Insurance in an amount not less than the value of any work under this contract, except for buried pipelines and appurtenances which need not be included in the insurance value. Under the policies of insurance described above, each policy shall contain the provision for thirty (30) days written notice submitted by registered mail from the insurance carrier(s) to the City prior to cancellation or reduction in coverage.
3.14 Special Requirements - Under the policy of insurance described in Section 13.13-b, the policy shall contain the following provisions:
(a) The City and the City's officers, representatives, agents and employees shall be named as additional insureds.
(b) Endorsement providing that such insurance is primary insurance and no insurance of the additional insureds shall be called on to contribute to a loss. (c) Endorsement providing that such insurance shall not contain any exclusion regarding loss or damage to property caused by explosion or resulting from collapse of buildings or structures or damage to property underground, commonly referred to as "XCU" hazards. (d) Standard cross-liability clause covering personal injury, bodily injury (including death resulting therefrom), and property damage.
3.15 Builders Risk Insurance - Under the policy of insurance, the policy shall contain the following provisions:
(a) The City shall be included as insured.
(b) Losses shall be payable to the contractor and City as their interest may appear.
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(c) Deductible amounts of all losses covered by insurance shall be borne by the contractor.
3.16 Certificates - Prior to beginning work, contractor shall furnish certificates satisfactory to the City as to contents and carriers of such insurance.
3.17 Legal Address of Contractor - Contractor's address as shown in the proposal, as well as such office or headquarters the contractor establishes at the site of work, hereby are designated as addresses to which drawings, samples, notices, letters, articles, or other communications to the contractor may be mailed or delivered. The delivery at either of these places of any item or communication from the City or agents thereof to the contractor shall be deemed sufficient service of such delivery. Contractor's address as shown in the proposal may be changed at any time by notice in writing from the contractor to the City. Nothing herein contained shall be deemed to preclude or render inoperative the service of any drawing, sample, notice, letter, or other article of communication to or upon the contractor personally.
3.18 Office of Contractor at Site - During the performance of the contract, contractor shall maintain a suitable office at the site of work which shall be the headquarters of a representative authorized to receive drawings, instructions or other communications or articles from the City or City's agents; any such thing given to said representative or delivered at the contractor's office at the site of work in his absence shall be deemed to have been given to the contractor. Contractor shall maintain a complete set of plans and specifications at the site office whenever work is in progress.
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SECTION 4 - SCOPE AND CONTROL OF WORK
4.01 Work to be Done The work to be done consists of furnishing all labor, materials, tools, equipment and services necessary to complete the project, as further described in the Notice to Bidders of these Specifications, and as necessary to leave the site in a neat and finished condition with all equipment properly installed and working to the satisfaction of the Engineer.
While the City has endeavored to accurately represent in the plans and specifications the physical conditions which may affect the cost of the proposed work, the City does not warrant the completeness or accuracy of such information. It is the Contractors responsibility to ascertain the existence of any such conditions affecting the cost of the work, which would have been disclosed by reasonable examination of the site.
Conclusions pertaining to any test, investigation, statement or estimate of fact incorporated in the plans and specifications shall be considered by the Contractor to be a recommendation only. The Contractor may request equal access to the underlying or background information to arrive at his own opinion thereon, including his determination of how reliable might be any conclusion appearing in (or inferred from) the information. The Contractor may not rely upon record drawings or similar final or accepted drawings or maps constructed on public or private property. Such information may be used for reference only. Actual locations and depths shall be determined by field investigations by the Contractor.
No oral or telephonic agreement or conversation with any officer, agent, or employee of the City or the Engineer, either before or after execution of the contract, shall affect or modify any of the terms or obligations contained in any of the contract documents.
4.02 Plans and Specifications - It is the intent of the Plans and Specifications to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. For convenience, the Specifications are arranged in several sections, but such separation shall not be considered as the limits of the work required by any separate trade. The terms and conditions of such limitations are wholly between the Contractor and his subcontractors. In general, the Special Provisions, General Provisions, and other sections of the specifications indicate the responsibilities of the Contractor and the quality of material and methods of workmanship. The plans indicate dimensions, quantities, positions, and various other details of construction.
Any work, materials or equipment that may be reasonably inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words, which have a well-known technical or trade meaning, are used to describe the work, materials or equipment, such words shall be interpreted in accordance with that meaning. See General Provisions, Section
6.03, Trade Names or Equals.
Subheadings and titles printed on the drawings in these General Provisions, in the specifications, and elsewhere in the contract documents, are inserted for the convenience of reference only, and shall not be taken or considered as having any bearing on the interpretation thereof.
4.03 References to Standards and Codes - Reference to standard specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code or Laws or Regulations in effect at the time of the opening of bids (or, on the Effective Date of the Agreement if there were no bids), except as may be otherwise specifically stated. However, no provisions of any referenced standard specifications, manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall be effective to change the duties and responsibilities of City, Contractor or Engineer, or any of their consultants, agents or employees, from those set forth in the Contract Documents, nor shall it be effective to assign to the Engineer, or any of the Engineers Consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance of the work or any duty or authority to undertake responsibility for the Contractor.
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4.04 Authority of the Engineer The City has the final authority in all matters affecting the work.
Within the scope of the Agreement, the Engineer has the authority to enforce compliance with the Plans and Specifications and the Contractor shall promptly comply with instructions from the Engineer. The decision of the Engineer is final and binding on all questions relating to: quantities; acceptability of materials furnished and work performed; equipment; work execution, rate of progress or sequence of work; and interpretation of the Plans, Specifications, or other drawings. This shall be precedent to any payment under the Agreement, unless otherwise ordered by the City.
4.05 Contract Documents and Precedence - The Contract Documents consist of the documents listed below, in order of precedence. If there is a conflict between component parts of the Contract Documents, the document highest in precedence controls.
(a) Change Orders.
(b) Project Directives.
(c) Permits issued by other agencies.
(d) Permits issued by the City.
(e) Agreement and required agreement forms Bid Bond, Faithful Performance and Labor and Materials Bonds, Warranty Bond, Insurance Endorsements, Workers Compensation Certification.
(f) Project Specifications, in the following order - Addenda, Bid Proposal including all Bid Proposal Forms, Notice Inviting Sealed Proposals, Special Provisions, Technical Provisions, Exhibits to the Proposal, and General Provisions.
(g) Project Plans and Drawings.
(h) City Standard Specifications.
(i) City Standard Plans.
(j) Reference Specifications, in the following order State of California Department of Transportation (Caltrans) State Standard Specifications (current edition), Standard Specifications for Public Works Construction Greenbook. (k) Reference Plans, in the following order State of California Department of Transportation (Caltrans) State Standard Plans (2006 edition), Standard Plans for Public Works Construction (2006 edition).
All of the individual components of the Contract Documents are intended to be complementary and what is required by one shall be binding as if required by all. Interpretation of a disputed meaning or intent of the plans and specifications shall be made initially by the Engineer in accordance with the application of the order of precedence. Any final decision required regarding precedence and the clarification of discrepancies in the Contract Documents shall be made by the Engineer.
4.06 Interpretation of Specifications and Drawings - The specifications and the contract drawings are intended to be explanatory of each other. Any work indicated in the contract drawings and not in the specifications, or vice versa, is to be executed as if indicated in both. Should it appear that the work to be done, or any of the matters relative thereto are not sufficiently detailed or explained in these contract documents, including the contract drawings, the contractor shall apply in writing to the Engineer for such further explanations as may be necessary and shall conform thereto as part of this contract so far as may be consist with the terms of the contract. Should any doubt or question arise respecting the true meaning of the specification, the Engineer shall make the final decision.
4.07 Figured Dimensions - Figured dimensions on the contract drawings shall in all cases be given precedence over scaled dimensions. If figured dimensions do not correspond to scaled dimensions, contractor shall request Engineer to verify the accuracy of the figured dimensions. It shall be the responsibility of the contractor to ascertain the correct scale of all contract drawings in his possession, including those which may have been reduced for reproduction.
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4.08 Errors or Discrepancies - If the contractor, in the course of the work, discovers any discrepancies between the drawings and the conditions of the ground, or any errors or omissions in the drawings or in the layout given by stakes, points or instructions, it shall be his duty to inform the Engineer immediately in writing, and the Engineer shall promptly verify the same. Any work done after such discovery, until authorized, will be done at the contractors risk.
4.09 Drawings to be Furnished by Contractor - As soon as practical after the execution of this contract, the contractor shall supply drawings of devices to be furnished hereunder as are called for herein or as are required by the Engineer to make clear the details of construction and to demonstrate fully that all materials and equipment comply with the intent and provisions of this contract. Unless otherwise herein specified, such drawings shall be submitted to the Engineer for his review. Should the Engineer take exception with any drawings furnished by the contractor, the contractor shall make the revisions required, and resubmit them to the Engineer for review. After a satisfactory review by the Engineer, these drawings shall become a part of this contract and the work shall be done in conformity therewith. No such work shall be begun or devices purchased until the review of the drawings detailing such items have been completed. The review of the drawings shall not relieve the contractor of responsibility, or waive or modify any of the provisions or requirements of this contract.
The Engineer's review of drawings submitted by the contractor will be for, and will cover, only generally conformity to the plans and specifications and will not constitute a blanket approval of all dimensions, quantities and details of the material or equipment shown by (nor shall review relieve the contractor of his responsibility for errors contained in) such drawings.
All shop drawings submitted by the various subcontractors which require review of the City's representative shall first be sent to the contractor who shall keep a record of the drawing numbers and the date of their receipt by him. Contractor shall submit the drawings to City's representative for review in time to prevent delays in delivery of materials.
Contractor shall thoroughly check all such shop drawings for measurements, size of member, materials and details to make sure they conform to the intent of the plans and specifications. Drawings found to be inaccurate or otherwise in error shall be returned by the contractor to the subcontractor for correction before they are submitted by the contractor to the City's representative for review.
4.10 Additional Drawings by City - Contract drawings are intended to be comprehensive and to indicate in detail the scope of the work. However, the Engineer may furnish the contractor additional drawings during the progress of the work in order to clarify and define in greater detail the intent of the contract drawings or specifications. Contractor may request such detailed drawings by submitting his request in writing to the Engineer at least two (2) weeks in advance of the time they are required.
4.11 Lines and Grades - All work under this contract shall be constructed to the lines, grades and elevations shown on the contract drawings. Contractor shall establish the lines, grades and elevations unless it is otherwise specified in the Special Provisions.
4.12 Record Documents The Contractor shall keep at the worksite a record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Work Directives, Field Orders and written interpretations and clarifications. These record documents together with all approved submittals, samples and shop drawings will be available to the Engineer as a reference at all times. Upon completion of the work, these record documents will be delivered to Engineer.
4.13 Record Drawings The Contractor shall prepare and update a mas ter as-built set of red ink- lined plans, to be reviewed and approved by the Eng ineer at the end of every month. Drawings shall co ntain information showing where actual installation differs from that shown on the original drawings, where underground or concealed features are found noting alignment (t o 0.25) and elevation (to 0.1 ), field changes or deletions of work, and any additional work by change order. Upo n the projects completion, and prior to the projec ts acceptance, the Contractor shall submit to the City the completed as-built record
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Drawings on one (1) set of full size prints prepared on 22" x 34" paper.
Record Drawings are full size drawings (Plans) which marked up during construction to delineate the actual in-place constructed conditions. Record Drawings shall be provided by the Contractor for this Project.
Requirements for Record Drawings as specified elsewhere shall supplement the requirements specified herein.
4.14 Reuse of Documents - Neither the Contractor nor any Subcontractor or supplier or other person or organization performing or furnishing any of the work under a direct or indirect agreement with the City shall have any title or rights to any of the Drawings, Specifications or other documents (or copies thereof) which bear the seal of the design engineer. Such documents shall not be reused on extensions of the project or for any other project without written consent of the City and the design engineer.
4.15 Subsurface Data If completed, all soil and soil test data, water table elevations, and soil analyses included or referred to in the Contract Documents apply only at the location of the test holes and to the depths indicated. If completed, soil test reports for test holes which have been drilled are available for inspection at the office of the Engineer. Any additional subsurface exploration shall be done by Bidders or the Contractor at their own expense.
The elevation of the water table indicated by soil test reports is that which existed on the date the test hole was drilled. It is the Contractors responsibility to determine and allow for the possibility of differing ground water elevations on the date of the projects construction. A difference in elevation between ground water shown in soil boring logs and ground water actually encountered during construction will not be considered as a basis for extra work.
4.16 Right-of-Way Acquisition of right-of-way or permanent easements necessary for the improvements as shown on the plans will be provided by the City. Unless otherwise provided, the Contractor shall make his own arrangements, pay for, and assume all responsibility for acquiring, using, and disposing of additional work areas, easements, and temporary facilities required. Contractor shall identify and hold the City harmless from all claims for damages resulting from such actions.
4.17 Removal of Defective and Unauthorized Work - Should the Contractor deliberately proceed with any portion or phase of construction which is obviously incorrectly indicated in the contract plans or documents, he shall be responsible for any corrective measures required to make adequate repairs or adjustment. This shall include any work done beyond the lines and grades shown on the plans or established by the Engineer, or any extra work done without written authority.
All work that has been rejected shall be remedied or removed and replaced by the Contractor in an acceptable manner and no compensation will be allowed for such removal or replacement. If the Contractor fails to remedy rejected work within ten (10) working days after written demand, the City may, without prejudice to other remedies, sell such materials at auction or at private sale, or otherwise dispose of such material. The Contractor shall be entitled to the proceeds of such sale, if any, in excess of the costs and damages for which the Contractor is liable to the City, including reasonable attorneys fees and expenses and compensation for the Citys services and expenses.
4.18 Acceptance of Defective Work - The City shall have the option, at its sole discretion and by written notice to the Contractor, to accept defective work instead of requiring its removal or correction, in which case the contract sum shall be reduced by an amount equal to the difference between the value to the City such work would have were it complete, correct, and in conformity with the Contract Documents and the value to the City of such defective work. Such option shall be exercised solely by written notice to the Contractor and shall not be implied from any act or omission by the City or the Engineer. If the remaining payments and retention are insufficient to cover the amount of the reduction of the contract sum, the Contractor shall promptly pay to the City the amount of any such deficiency.
4.19 Submittals - Within ten (10) working days following the Notice to Proceed, the Contractor shall provide a detailed list for review and approval of all individual submittals required to be submitted under the contract. The list shall reference the specification section and paragraph that requires the
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submittal along with the date the Contractor plans to transmit the submittal to the City for review.
Unless otherwise requested by the Engineer, submittals shall be provided electronically in .pdf format at least twenty-eight (28) calendar days prior to the approval being necessary for the work. Submittals shall be transmitted with a Submittal Cover Letter form as approved by the Engineer. Large submittals consisting of reports, oversized or colored pages, full sized shop drawings, manuals contained in binders, or submittals in other forms not easily reproduced shall be provided in hard copy format with six (6) copies.
For items requiring shop drawings, no materials shall be furnished, and no work shall be performed, until the drawings have been favorably reviewed. Shop drawings shall be of a size and scale to clearly show all necessary details.
After review by the City of each of the Contractor's submittals, the material will be returned to the Contractor marked with actions defined as follows:
(a) NO EXCEPTIONS TAKEN - Accepted subject to its compatibility with future submissions and additional partial submissions for portions of the work not covered in this submission. Does not constitute acceptance of deletion of specified or required items not shown in a partial submission.
(b) MAKE CORRECTIONS NOTED - The same as item (a), except that minor corrections as noted by the City shall be made by the Contractor. No resubmission is required. (c) REVISE AND RESUBMIT - Rejected because of major inconsistencies or errors which shall be resolved or corrected by the Contractor prior to subsequent review by the City. (d) REJECTED - Submitted material does not conform to plans and Specifications in major respects. This material is not expected to be resubmitted. (e) SUBMIT SPECIFIED ITEM - Submittals not reviewed by the City but received for record purposes.
Favorable review of the shop drawings by the Engineer is interpreted to mean that there is substantial and acceptable conformance with the contract plans, but details of design may not necessarily be checked for adequacy or accuracy. Such acceptance shall not relieve the Contractor from the responsibility for errors or omissions in the shop drawings or from deviations from the contract documents unless such errors, omissions, or deviations were specifically called to the attention of the Engineer in writing. The Contractor shall be responsible for the correctness of the shop drawings, for shop fits and field corrections, and for the results obtained by the use of such plans.
4.20 Substitutions Proposed requests by the Contractor for changes in products, materials, equipment, and methods of construction required under the Contract Documents after the award of contract are considered "requests for substitutions. For proposed or equal substitutions, attention is directed to General Provision Section 6.03, Trade Names or Equals.
Each request for substitution shall be prepared and presented to the City in accordance with the procedures for submittals, except that the following additional information shall be provided. (a) An explanation of the advantages to the City for accepting the substitution. (b) A comparison of significant qualities of the proposed substitution with those specified. (c) A list of changes or modifications needed to other parts of the work and to construction performed by the City and separate Contractors, that will be necessary to accommodate the proposed substitution.
(d) A statement indicating the substitution's effect on the Construction Schedule compared to the Baseline Construction Schedule without acceptance of the substitution. Indicate the effect of the proposed substitution on overall contract time.
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(e) Cost information, including a proposal of the net change, if any, in the Contract Sum. (f) Certification that the substitution is equal to or better in every respect to that required by Contract Documents, and that it will perform adequately in application indicated. Include Contractor's waiver of rights to additional payment or time extensions, that may be necessary because of the substitution's failure to perform adequately.
No extension of time will be allowed through failure of the Contractor to either transmit requests for substitution sufficiently in advance of the work, or on account of processing time outside the time limits noted.
4.21 Construction Staking Lines and Grades - Unless otherwise stated in the Special Provisions, the Contractor shall provide, preserve, and replace if necessary, all of the necessary construction stakes required for the construction of the project. Grades for underground conduits will be set on the ground surface and shall then be transferred to the bottom of the trench by the Contractor.
Stakes or marks will be set by a California Licensed Surveyor or a California Registered Civil Engineer to establish the lines and grades required for the completion of the work as specified in the Contract Documents.
It shall be the Contractor's responsibility to notify the Engineer of any discrepancies found between field grades and notes shown within the Contract Documents.
Contractor shall furnish horizontal control and cut sheets to the Engineer immediately upon the setting of construction or boundary markers. Upon completion, all work shall conform to the lines, elevations, and grades shown on the plans.
4.22 Inspection of the Work - All work is subject to inspection and approval of the Engineer. Unless otherwise stated in the specifications, the City shall perform all required inspections. The Contractor shall notify the Engineer before noon of the working day before inspection is required. Unless otherwise authorized, work shall be done only in the presence of the Engineer. Any work done without proper inspection will be subject to rejection. The Engineer shall at all times have access to the work during its construction at shops and yards as well as the project site. The Contractor shall provide every reasonable facility for ascertaining that the materials and workmanship are in accordance with the Contract Documents. Inspection of the work shall not relieve the Contractor of the obligation to fulfill all conditions of the contract.
If a portion of the work is covered contrary to the Engineers request or direction, or contrary to the requirements of the Contract Documents, it must, if required in writing by the Engineer, be uncovered for the Engineers observation and be replaced at Contractors expense without adjustment of the contract time or the contract sum.
If a portion of the work has been covered, which is not required by the Contract Documents to be observed or inspected prior to its being covered and which the Engineer has not specifically requested to observe prior to its being covered, the Engineer may request to see such work and it shall be uncovered and replaced by Contractor. If such work is in accordance with the Contract Documents, the costs of uncovering and replacing the work shall be added to the contract sum by change order; and if the uncovering and replacing of the work extends the contract time, an appropriate adjustment of the contract time shall be made by change order. If such work is not in accordance with the Contract Documents, the Contractor shall pay such costs and shall not be entitled to an adjustment of the contract time or the contract sum.
Regular working hours for City Construction Inspectors are between 7:30 a.m. and 4:00 p.m., Monday through Friday, excluding City holidays. If the Contractor works outside these times, the Contractor may be charged for additional inspection. Inspection by the Engineer or by a City inspector, or any order measurement, approved modifications, certificate or payment of money, or acceptance of any part of whole of the work, or any extension of time, or any possession by the City or its agents, shall not operate as a waiver for any provision of this contract or of any power reserved therein to the City, or any right to damage thereunder; no breach of this contract shall be held to a waiver of any or subsequent breach. All remedies shall be taken and construed as cumulative.
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4.23 Testing - Unless otherwise stated in the Contract Docum ents, all required testing will either be performed directly by an independent laboratory coordinated and paid for by the Contractor. The Contractor shall submit the resulting certified test results and Certificates of Compliance for all materials requiring such as specified in the Technical Provision. Contractor shall coope rate with the City in coordinating the necessary te sting. The coordination of testing, including the number and location of tests, shall be under the direction of the Engineer.
All compaction test sites deeper than five (5) feet below grade shall be properly shored by the Contractor to protect testing personnel.
The cost for performing re-tests due to failures, o r additional call-outs if work is not ready to test , will be charged to the Contractor. The City shall require retesting until all required tests are successfully passed.
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SECTION 5 CHANGES IN WORK
5.01 Limited City Authority to Approve Change Orders - The Contractor recognizes that the City is a public agency and that it can only act through its duly authorized agents. In this regard, the Contractor agrees that only written change orders, executed by the governing body of the City, shall be valid. The Engineer shall have no authority to issue a change order unless so specifically authorized, and no person shall have authority to issue any oral change order.
5.02 Contractor Liability for Unapproved Change Orders - Unless a valid change order is issued, all changes in the work performed by the Contractor shall be at the Contractors own risk, and shall not be entitled to any additional compensation. Furthermore, the Contractor may be required to make the work conform to the plans and specifications. No act or series of acts by the City during the course of the contract shall be deemed to constitute a waiver of the Citys right to rely upon the provisions of this Section 5, Changes in Work.
5.03 Non-Material Change Requests by the Contractor - Changes in the plans and specifications requested in writing by the Contractor, which do not materially affect the work and which are not detrimental to the work or to the interests of the City, may be granted to facilitate the work, when approved in writing by the Engineer. If such changes are granted, they shall be made at a reduction in cost or at no additional cost to the City. Nothing herein shall be construed as granting a right to the Contractor to demand acceptance of such changes or to increase the contract sum or contract time as a result of the proposed change.
5.04 Effect of Extension of Time - The granting of any extension of time due to delays which, in the judgment of the City, are unavoidable delays shall in no way operate as a waiver on the part of the City of his rights under this contract.
5.05 Letters of Instruction - The Engineer may issue letters of instruction in the form of Field Orders, Clarifications, responses to Requests for Information, or any other document which makes interpretations or clarifications to the Contract Documents that do not modify the scope of work or involve an adjustment in the contract sum or contract time. Letters of Instruction shall be binding upon the Contractor, and the Contractor shall promptly carry out the requirements of such Letters of Instruction.
5.06 Requests for Information, Inconsistencies and Changed Conditions - Before undertaking each part of the work, the Contractor shall carefully study all pertinent figures shown in the Contract Documents and verify that all applicable field measurements are free of conflicts, errors, discrepancies, inconsistencies and omissions. If such conditions are discovered, the Contractor shall notify the Engineer by writing a Request for Information, and await direction from the Engineer before proceeding.
If the Contractor encounters a changed condition, as defined by one or more of the conditions below, the Contractor shall notify the Engineer by writing a Request for Information before disturbing the condition further.
(a) Material differing from that represented in the Contract which the Contractor believes may be hazardous waste, as defined by Health and Safety Code, Section 25117 that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provision of existing law; and
(b) Subsurface or latent physical conditions at the site differing materially from those represented in the Contract Documents; and
(c) Unknown physical conditions at the site of any unusual nature, which differ materially from those ordinarily encountered and generally recognized as inherent in the work and of the character provided for in the Contract Documents.
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No extension of Contract time shall be made by the City due to the Contractors failure to provide a timely written notice of any inconsistency or changed condition requiring direction. The Engineer will respond to the Contractors Request for Information within three working days, providing an interpretation, clarification or change order for an appropriate adjustment in contract time and cost pursuant to General Provisions, Section
5.07, and Change Orders. Contractor shall wait for the Engineers written response to a Request for Information before proceeding with any work.
The Contractor shall not be liable to the City for failure to report any conflict, error, or discrepancy in the Contract Documents, unless the Contractor had actual knowledge or could foresee such conditions as may be discovered by a reasonable examination of the work site or materials. If the Contractor performs any construction activity in which he knows or should know involves an error, inconsistency, ambiguity, or omission referred to in this Section, without notifying and obtaining the written consent of the Engineer, Contractor shall be responsible for the resultant costs, including, without limitation, the costs of correcting defective work.
However, in an emergency affecting the safety of persons or property, the Contractor shall take all reasonably necessary precautions to prevent or minimize damage, injury, or loss.
5.07 Extra and Omitted Work - Whenever corrections, alterations or modifications of the work under this contract are ordered and approved by the Engineer and increase the amount of work to be done, such added work shall be known as Extra Work. When such corrections, alterations or modifications decrease the amount of work to be done, such deleted work shall be known as Omitted Work. The General and Special Provisions shall apply with equal force to all extra and omitted work.
When the contractor considers that any changes ordered involve extra or omitted work, he shall immediately notify the Engineer in writing and subsequently keep him informed as to when and where the alleged extra work is to be performed.
When extra work reports are agreed upon and signed by both parties, they shall become the basis of payment. When extra work is still under negotiation or has not been agreed upon, the Contractor shall keep daily detailed and accurate records itemizing each element of cost and shall provide certified payroll, invoices, and other substantiating records and documentation with records and/or claims for compensation to be provided no later than 30 days following the time in which the work claiming to be extra was performed.
Unless notification of extra work is documented, and unless a complete statement of materials used and expenses incurred is furnished by the contractor, the contractor shall not be entitled to payment of such alleged extra work, and any future claims for compensation will be invalid.
Payment for extra work shall be in accordance with General Provisions, Section 5.08 - Change Orders. Omitted work shall not constitute a claim for damages on account of anticipated profits on the work that may be omitted.
5.08 Change Orders At any time during the progress of the work, and without in any way rendering void the Agreement, the City may order alterations, additions or deductions from the work by change order, without notice to sureties. When so ordered in writing, the Contractor shall proceed with work as directed by the change order.
The change order shall describe the change in the work, the adjustment of the contract sum (if any), and the adjustment of the contract time (if any). The Contractor shall not be entitled to any extension of time for the completion of the work by virtue of any change order unless the change order specifically provides for this.
If, after receiving a change order, the Contractor feels that he is entitled to an extension of time, he may, within five (5) working days file a written claim to that effect for consideration by the Engineer.
The process of submitting a proposed change, a cost proposal, or negotiating an agreed upon change order, or any failure to reach an agreement as to an adjustment in the contract sum or the contract time, shall not relieve the Contractor of his obligation to perform in accordance with the Contract Documents.
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A change order may be in the form of a City directed change order or an agreed upon change order.
Upon the receipt of either form of change order, the Contractor shall proceed promptly and diligently with the extra work.
(a) City Directed Change Orders - A City directed change order may be issued by the City without the Contractors signature where the City determines that it is in the Citys best interest to proceed with the work, and the change does not materially alter the character of the work. The Contractor shall be deemed to have accepted the terms of any City directed change order unless the Contractor asserts a claim with respect to the change order, no later than ten (10) working days following the Contractors receipt of the change order. See General Provisions, Section 5.09`, Disputed Work.
(b) Agreed Upon Change Orders - Within five (5) working days after receiving a request from the City for a written proposal for an agreed upon Change Order, the Contractor shall provide the Engineer with a cost proposal in a form satisfactory to the Engineer, setting forth the Contractors proposed adjustments to the contract sum and contract time for performing the extra work.
Compensation for agreed upon change orders shall be calculated based upon the unit prices stated in the Bid Schedule and no additional markup for overhead or profit will be provided unless stated otherwise as follows. If there are no unit prices for the extra work, the Contractor and the City may agree upon unit prices or lump sum costs, which shall be used to increase or decrease the contract sum. In the absence of any such agreement, the contract sum shall be adjusted by Force Account.
1. Quantity Adjustments - Unit prices shall govern not only for alterations to work covered by written specifications and drawings, but also for other work incidental or necessary to completing the work for which written specifications and drawings may be later prepared. Whenever an item of work or materials is specified in the contract by unit price and is changed by less than twenty-five percent (25%) of the Engineers estimated quantity for that item of work as specified in the Bid Schedule, then the contract sum shall be increased or decreased by the application of the unit price so specified. Whenever an item of work exceeds twenty-five percent (25%) of the Engineers estimated quantity, the City reserves the right to renegotiate with the Contractor for the unit price associated with that bid item. This renegotiated price shall apply to only the amount in excess of twenty-five percent (25%). If the City decides not to renegotiate, or a renegotiated price cannot be reached by the Contractor and the City, then the payment for this item shall be adjusted by Force Account.
2. Agreed Upon Price If there are no unit prices for proposed extra work, the Contractor and the City may agree upon unit prices or lump sum costs, by written change order, prior to commencing work. In the absence of any such agreement, the contract sum shall be adjusted by Force Account.
3. Force Account - When extra work is to be paid on a force account basis, the labor, materials and equipment used in the performance of that work shall be paid in accordance with the 2010 State Standard Specification, Section 9-1.04 Force Account. To the total of the direct costs computed, there can be an added markup of up to thirty-five percent (35%) to the cost of labor, up to fifteen-percent (15%) to the cost of materials and up to fifteen-percent (15%) to the cost of equipment. These markups shall constitute full compensation for any and all overhead costs, profit, or other costs not specifically designated as a cost of labor, material or equipment.
When subcontractors perform force account work, an additional ten-percent (10%) markup shall be added to the total cost of the extra work to reimburse the Contractor for additional administrative costs. No markup for any Subcontractor beyond the first tier shall be paid.
During the performance of extra work by Force Account, and as a condition to the Contractors right to an adjustment of the contract sum, the Contractor shall
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prepare daily reports itemizing all costs for labor, materials, and equipment rental and provide certified payrolls. For labor costs, the reports shall include names, job classifications, hours worked and rates of pay. For equipment costs, the reports shall include size, type, identification number and hours of operation. All records and reports shall be submitted to the Engineer for approval on a daily basis. Reports shall be made on the State of California, Daily Extra Work Report Form or on a similar form approved by the Engineer.
i. Labor - Labor costs shall be based on the prevailing wage scale for each craft or type of workman, and no compensation shall be allowed for payment in excess of the prevailing wage. Employer payments for payroll taxes and insurance, health and welfare, pension, vacation, and other direct labor costs shall be included and will be calculated as the Labor Surcharge stipulated in the State of California, Labor Surcharge and Equipment Rental Rates book. ii. Materials - Materials cost shall be the cost of all materials purchased by the Contractor and used in the extra work and shall be the actual cost of such materials, including sales taxes, freight and delivery charges. The City reserves the right to reject materials to be furnished by the Contractor, sources of supply or, if necessary, to furnish the materials to the Contractor.
No compensation will be paid to the Contractor for any material furnished by the City or for materials not used.
iii. Equipment Rental - The Contractor will be allowed the actual rental rate of equipment, prorated over the time the machinery or equipment is required.
For Contractor owned equipment, this rate shall be as stipulated in the State of California, Labor Surcharge and Equipment Rental Rates book. In addition, the Contractor will be allowed reasonable move-in and move-out charges, if applicable. All equipment shall, in the opinion of the Engineer, be in good working order, good condition, and suitable for its purpose.
Equipment or tools having a replacement value of $200.00 or less, whether or not consumed by use, shall be considered small tools and no payment will be made therefore.
iv. Other Services or Expenditures - The City may authorize and approve payment for work performed by special forces or necessary services and expenditures other than labor, materials, and equipment rental.
5.09 Disputed Work - When the Engineer and Contractor fail to agree as to whether an alteration ordered by the Engineer constitutes a material change or difference in the character of the work, or fail to agree upon the compensation to be allowed for such altered work, the Contractor shall proceed with the altered work and file with the Engineer, within ten (10) working days after receiving direction from the Engineer, a written protest detailing the particulars of the dispute and the amount of additional compensation or time required for the alteration. Failure of the Engineer to recognize a change in the character of work when ordering alterations shall in no way be construed as relieving the Contractor of the Contractors duty and responsibility for filing a protest as prescribed above. The City will not consider additional compensation for altered work unless the Contractor files a written protest within ten (10) working days after receiving direction from the Engineer.
If the Contractor has complied with the notification requirements of this sub-section, consideration of payment due shall be made as later determined through claim resolution procedures as set forth in General Provisions, Section 10, Measurement and Payment.
Although not to be considered as approval for proceeding under extra work provisions, the Contractor shall keep and furnish records of disputed work in accordance with General Provisions, Section 5.07, Extra Work.
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SECTION 6 - CONTROL OF MATERIALS
6.01 Materials and Workmanship - All materials, parts and equipment furnished by the Contractor in the work shall be new, high grade, and free from defects. Workmanship shall be in accordance with generally accepted standards. Materials and workmanship shall be subject to the Engineers approval.
Materials and workmanship not conforming to the requirements of these specifications shall be considered defective and will be subject to rejection. Defective work or material, whether in place or not, shall be removed immediately from the site by the Contractor, at his expense, when so directed by the Engineer.
If the Contractor fails to replace any defective or damaged work or material after notice from the Engineer, the Engineer may cause such work or materials to be replaced. The replacement expense shall be deducted from the amount to be paid to the Contractor.
Used or secondhand materials, parts and equipment are permissible only if permitted by the Special Provisions.
Specialized material or equipment to be used in the work that is not readily available from material suppliers (such as electroliers, luminaries, signal poles, heads, cable, controllers, pumps, etc.) shall be ordered within five (5) days after award of the contract. Time extensions will not be granted for project delays due to the unavailability of such specialized material and equipment unless the Contractor furnishes the Engineer with documentation of purchase order dates, acceptable reason for delay of delivery, or proof of diligent efforts to obtain said items from alternate sources.
The Contractor shall provide the Engineer with periodic reports to inform the Engineer of any changes in the projected material or equipment delivery dates.
6.02 Protection of Work and Materials - The Contractor shall provide and maintain storage facilities and employ such measures as will preserve the specified quality and fitness of materials to be used in the work.
Stored materials shall be reasonably accessible for inspection. The Contractor shall also adequately protect new and existing work and equipment for the duration of his contract.
The Contractor shall not, without the Citys consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the contract.
6.03 Trade Names or Equals In accordance with Public Contract Code Section 3400, whenever any particular material, process, or equipment is indicated by patent, proprietary or brand name, or by the name of a manufacturer or supplier, such wording is used for the purpose of facilitating its description and shall be deemed to be followed by the words or equal.
Because products specified may have a uniqueness that cant be matched, the Contractor must bid the work based upon the products specified. If, during the submittal process, an equivalent product is proposed by the contractor, the contractor shall provide data to show that the product is considered equal. Contractor shall also identify any price differences, which shall be considered as part of the substitution and if accepted, shall result in an appropriate credit or cost to the City by change order should the substitution be made.
Unless otherwise authorized by the Engineer, the proposed substitution must be submitted in sufficient time, before the normal use or installation of the material, process or equipment, for the Engineer to determine the equivalency and for the Contractor to make any required purchases (including delivery).
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The Engineer shall be responsible for solely determining whether the material proposed for substitution is equivalent to that specified, and the Engineers findings shall be final. If a substitute offered by the Contractor is found to be not equal to the specified material, the Contractor shall furnish and install the specified material.
The specified contract completion time shall not be affected by any circumstances developing from the provisions of this Section.
6.04 Inspection of Materials by City - Unless otherwise specified, inspection may be required at the source for such typical materials and fabricated items as bituminous paving mixtures, structural concrete, metal fabrication, metal casting, welding, concrete pipe manufacture, protective coating application, and similar shop or plant operations.
Standard items of equipment such as electric motors, conveyers, elevators, plumbing fixtures, etc., are subject to inspection at the job site. Special items of equipment such as designed electrical panel boards, large pumps, sewage plant equipment, etc., are subject to inspection at the source, normally only for performance testing. The Special Provisions may specify additional inspection requirements.
6.05 Inspection of Materials by Others - When the City does not elect to make its own inspection at the source, the City may, at its expense, engage an inspector or accredited testing laboratory to inspect the materials, equipment or process. The inspector or representative of the testing laboratory shall judge the materials by the requirements of the plans and specifications. No materials or equipment shall be shipped nor any processing, fabrication or treatment of such materials shall be done without a favorable inspection by the engaged agent. These materials shall be subject to re-inspection at the job-site.
6.06 Tests of Materials - Before incorporation into the work, the Contractor shall submit samples of materials, as the Engineer may require, at no cost to the City. The Contractor, at his own expense, shall deliver the materials for testing to the place, and at the time designated, by the Engineer. Unless otherwise provided by the Special Provisions, all testing shall be performed under the direction of the Engineer, and at no expense to the Contractor.
The Contractor shall notify the City in writing at least fifteen (15) days in advance of his intention to use materials for which tests are specified, to allow sufficient time for the City to perform the tests. The notice shall name the proposed supplier and source of material.
6.07 Certification The Engineer may waive material testing requirements of the Specifications and accept the manufacturers written Certificate of Compliance or test data demonstrating that the materials to be supplied meet the requirements of the specifications. A Certificate of Compliance is acceptable for authorizing the use of steel pipe in sizes less than eighteen (18) inches and vitrified clay, cast iron or ductile iron pipe in all sizes. All materials used on the basis of a Certificate of Compliance may be sampled or tested by the City at any time. The fact that material is used on the basis of a Certificate of Compliance shall not relieve the Contractor of the responsibility for incorporating materials in the work which conforms to the requirements of the Contract Documents.
6.08 Weighing and Metering Equipment All scales and metering equipment used for proportioning materials shall be inspected for accuracy and certified within the past twelve (12) months by the State of California Bureau of Weights and Measures, by the County Director or Sealer of Weights and Measures, or by a scale mechanic registered with or licensed by the County, The accuracy of the work by a scale service agency, except as stated herein, shall meet the standards of the California Business and Professions Code and the California Code of Regulations pertaining to weighing devices. A certificate of compliance shall be presented to the Engineer for approval prior to operation, and shall be renewed whenever required by the Engineer at no cost to the City.
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All scales shall be arranged so they may be read easily from the operators platform or area. They shall indicate the true net weight without the application of any factor. The figures of the scales shall be clearly legible. Scales shall be accurate to within one-percent (1%) when tested with the plant shut down. Weighing equipment shall be so insulated against vibration or moving of other operating equipment in the plant area such that the error in weighing with the entire plant running will not exceed two-percent (2%) for any setting nor one and one half percent (1.5%) for any batch.
6.09 Calibration of Testing Equipment Testing equipment, such as but not limited to, pressure gages, metering devices, hydraulic systems, force (load) measuring instruments, and strain-measuring devices shall be calibrated by a testing agency acceptable to the Engineer at intervals not to exceed twelve (12) months, and following repairs, modification, or relocation of the equipment. Calibration certificates shall be provided when requested by the Engineer.
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SECTION 7 UTILITIES
7.01 Citys Statutory Obligation - Pursuant to Government Code, Section 4215: in any contract to which a public agency as defined in Section 4401 is a party, the public agency shall assume the responsibility, between the parties to the contract, for the timely removal, relocation, or protection of existing main or trunk line utility facilities located on the site of any construction project that is the subject of the contract, if such utilities are not identified by the public agency in the plans and specifications made a part of the invitation for bids. The contract documents shall include provisions to compensate the Contractor for the costs of location, repairing damage not due to the failure of the Contractor to exercise reasonable care, and removing or relocating such utility facilities not indicated in the plans and specifications with reasonable accuracy and for equipment on the project necessarily idled during such work. The Contract documents shall include provisions that the Contractor shall not be assessed liquidated damages for delay in completion of the project, when such delay was caused by the failure of the public agency or the owner of the utility to provide for removal or relocation of such utility facilities.
7.02 Contractors Obligation to Identify and Protect Subsurface Infrastructure - The Contractor shall locate and protect service laterals, conduits, and appurtenances of any underground facility, the presence of which could be reasonably inferred from the Contract Documents or from the presence of visible facilities such as buildings, meters, and junction boxes, prior to doing any work that may damage any such facilities, or interfere with their service. Where underground main distribution conduits, such as water, gas, sewer, electric power, telephone, or cable television are shown on the plans, the Contractor shall assume that every parcel will be served by a service connection for each type of utility. The Contractor shall comply with all requirements for the protection of underground infrastructure as set forth in Government Code, Sections 4215 through 4216.9.
It shall be the Contractors responsibility to comp lete all work in a manner that satisfies utility co mpany standards, providing if requested, detailed plans p repared by a California Registered Civil Engineer s howing necessary temporary support of utilities during coordinated construction work. The Contractor is directed to contact these agencies before submitting bids and to be familiar with their requirements and shall include all costs of this coordination within the proposals bid prices.
The Contractor agrees to assume liability and to hold the City of San Carlos, its officers, and employees harmless from any damages resulting from the existence of underground utilities and structures not reported to the Engineer, not indicated on the public records examined, or located at variance with that reported or shown on records examined.
7.03 Location - The City will search known records and indicate on the plans those utilities, except service connections, which may affect the work. All available information regarding removal, relocation, or disconnection of utilities, or installation of new utilities, will be furnished to prospective bidders before the receipt of bids. The Contractor shall immediately report to the Engineer those utilities omitted from the plans or found substantially at variance with the location shown.
Existing and proposed utilities and improvements ar e shown in their approximate locations. Locations may not have been field verified and no guarantee is made as to the accuracy and completeness of the information shown. The fact that any facility is not shown on the plans shall not relieve the Contractor of his r esponsibility under this Section. It shall be the Contractors r esponsibility to determine the existence and locati on of utilities shown on the plans, indicated by field locating services, or evidenced by facilities visible in the field. No additional compensation will be allowed for delays incurred as a result of the Contractors failure to field verify and/or pothole existing utilities prior to beginning construction. Potholing shall be considered as part of the var ious contract bid items and no additional compensation will be allowed.
At least three (3) working days prior to commencing work, the Contractor shall request that utility and agencies mark or otherwise indicate the location of their substructures. Contractor shall contact Underground Service Alert (USA) at (800) 642-2444 and the Engineer at least forty-eight (48) hours prior to excavation. The location of utilities as shown on the plans are approximate and are not to be construed as certainty. It shall be the Contractors responsibility to determine the true location and depth
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of all utilities and service connections affecting or conflicting with the work, prior to the performance of the work.
As necessary, the Contractor shall pothole these ut ilities prior to working in the area to avoid damag e to them.
Potholing shall be considered as part of the contract bid items, and no separate payment will be made. Contractor shall familiarize himself with the type, material, age and condition of any utility which may be affected by the work.
7.04 Protection - As necessary or as directed by the Engineer, th e Contractor shall field adjust proposed improvements to avoid conflicts with exist ing improvements. The Contractor shall not interrupt the service function or disturb the supporting base of any utility, without authority from the utility Owner or order from the City.
Where protection is required to ensure support of existing underground, overhead and at-grade utilities (including their associated structures and service connections) as shown on the plans, the Contractor shall furnish and place the necessary protection at his expense. In case of damage, the Contractor, without additional compensation, shall restore utilities to as good of a condition as they were found.
Upon learning of the existence and location of any utility omitted from or shown incorrectly on the plans, the Contractor shall notify the City and be fully responsible for protecting such utility. When authorized by the Engineer, additional protection may be paid by change order, for utilities other than a service connection.
The Contractor shall immediately notify the Engineer and the utility owner if he disturbs, disconnects or damages any utility. If the utility is located substantially as indicated on the plans, the Contractor shall bear the costs of repair or replacement.
When placing concrete around or contiguous to any utility, the Contractor shall at his expense, furnish and install a cushion of expansion joint material, clear opening, sleeve, or other suitable material approved by the Engineer so as to prevent embedment or bonding of the utility with the concrete.
7.05 Shut Down Notification The City is in-charge of the sewer and storm water collectio n systems, traffic signals and street lighting system and as s uch the Contractor shall coordinate shut downs of t hese utilities and facilities with the Citys Engineer and Public Works Maintenance Department. The Contractor shall also coordinate the shutdown of all other utilities, including, but not limited to water, electricity, gas, communications, or CATV with the corresponding utility owner.
Shut downs of any utility or other facility, when allowed, shall be done only after:
A. The Contractor has coordinated with and notify the Engineer/Utility Owne rs in writing, at least seventy- two (72) hours in advance of the shut down, and,
B. Has properly notified customers (residents, businesses/agencies) emergency response staff, and, C. Has all materials required for the work at the job site prior to requesting a shut off.
Except for scheduled shutdowns and in cases of emergency, the Contractor shall notify all customers and effected parties of a shutdown at least forty-eight (48) hours in advance by writing and four (4) hours in advance by person to allow adequate draw time. Once shut down, the Contractor shall proceed with the work in an expedient manner until the water lines or sewer lines are back in service.
7.06 Removal - Unless otherwise specified, the Contractor shall remove all portions of interfering utilities shown on the plans as abandoned or to be abandoned in place. Before starting removal operations, the Contractor shall ascertain from the utility Owner whether abandonment is complete. The costs involved in the removal and disposal of utilities to be abandoned shall be considered as part of the contract bid items, and no separate payment will be made.
7.07 Relocation - When feasible, the utilities within the area affected by the work will complete their necessary installations, relocations, repairs, or replacements before commencement of work by the Contractor.
When the Contract Documents or plans indicate that a utility is to be relocated, altered or constructed by others, the City will conduct all negotiations with the utilities and the work will be done at no cost to the Contractor.
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Utilities interfering with the permanent project work, discovered after the award of the contract, shall either be relocated, altered, or reconstructed by the utility, or the Engineer may order changes in the work to avoid interference. Such changes will be paid for in accordance with General Provisions, Section 5, Changes in Work.
When the plans or specifications provide for the Contractor to alter, relocate, or reconstruct a utility, all costs for such work shall be absorbed in the contract bid items. Temporary or permanent relocation or alteration of utilities by the Contractor for his own convenience shall be his responsibility, and he shall make all arrangements, obtain all approvals, and bear all costs. The Contractor may, for his own convenience or to expedite the work, agree with the owner of any utility to disconnect and reconnect interfering service connections. The City shall not be involved in any such agreement.
7.08 Delays - The Contractor is responsible for notifying utility companies in time to prevent delays attributable to utility relocations or alterations as called for in the Contract Documents. The Contractor shall not be entitled to damages or additional payment if such delay does occur. The Engineer will determine the extent of the delay based on the Baseline Construction Schedule (Section 8.05) and on the project as a whole, and any commensurate extension of time.
7.09 Cooperation - When necessary, the Contractor shall conduct his operations so as to permit access to the worksite and provide time for utility work to be accomplished during the progress of the contract work.
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SECTION 8 PROSECUTION AND PROGRESS
8.01 Notice to Proceed - Within twenty-one (21) calendar days following receipt of the signed agreement, bonds and insurance, the City shall issue the Contractor a Notice to Proceed provided that the documents are acceptable to the City. Unless stated otherwise, the contract time shall commence upon the receipt date on the Notice to Proceed.
8.02 Commencement of Work - Work shall commence within fifteen (15) calendar days following the receipt date on the Notice to Proceed, and shall be diligently prosecuted to completion within the time provided in the Notice to Bidders.
8.03 Subcontracting - Unless otherwise indicated by the Special Provisions, the Contractor shall perform the majority of the project work.
8.04 Administrative Duties - The Contractor shall coordinate the scheduling and timing of administrative duties with other activities to avoid conflicts and to ensure orderly project progress. Such activities include, but shall not be limited to, the preparation of construction schedules, preparation and processing of submittals, requests for information and responding to requests for quotations, attending and preparing for progress meetings and coordinating project closeout activities.
8.05 Baseline Construction Schedule Within ten (10) calendar days of the Notice to Proceed, the Contractor shall submit to the Engineer an acceptable Critical Path Method (CPM) progress schedule showing the critical path for completing the various items of work within the number of contract days specified. The schedule shall show the order in which the Contractor proposes to carry out the major items of work and the dates on which he will start and finish the various items (including procurement of materials and equipment). If requested, the schedule shall be resource loaded to reflect person/crew hours and equipment loading for various construction activities in order for the City to better evaluate the proposed schedule. (a) City Review of Schedule The City may review and note exceptions to the Contractors schedule, if it is not sufficiently detailed to clearly show the work to be completed during each month to assure the completion of the work within the project duration. The Contractor will be solely and exclusively responsible for resolving any exceptions, and the Citys review will not create any scheduling obligations of the City. Any noted corrections to the schedule shall be addressed within five (5) working days.
(b) Update of Schedule After submission of a schedule to which the City has taken no exceptions, the Contractor shall submit an updated schedule on a monthly basis or as otherwise specified by the City until completion of the work. The updated schedule must show the As Constructed progress up to the date for which the schedule has been prepared and reflect any proposed changes in the method of operations, to achieve the project milestones within the required project duration.
(c) Float The schedule must show early and late completion dates for each task. The number of days between these dates will be designated as float. The float will be assigned to the project and available for the City, at the Engineers discretion, to allocate the float to the Contractor as needed to complete the work in accordance with the agreement. (d) Failure to Submit Schedule If the Contractor fails to submit a schedule within the time periods specified in this sub-section, or submits a schedule to which the City has taken uncorrected exceptions, the City may withhold payments to the Contractor until such schedule is submitted and/or corrected in accordance with the Contract Documents.
8.06 Three-Week Look Ahead Schedule - The Contractor is required to furnish to the Engineer, on a
weekly basis at the projects progress meetings, a three-week look ahead schedule. The
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schedule must show planned activities in sufficient detail to allow proper monitoring of the planned construction activities.
8.07 Construction Sequence - The Contractor shall prepare and submit at the pre-construction meeting a staging or phasing plan identifying the sequence of construction work and traffic control needed to complete the project. The staging plan shall be subject to review and approval by the Engineer, prior to the start of construction. The goal of the phasing plan will be to minimize impacts to surrounding businesses and residents in the project areas. When required by the Special Provisions or plans, the Contractor shall follow the sequence of operations as set forth therein.
8.08 Recording Existing Conditions - Existing conditions throughout the project site shall be photographed and/or videotaped by the Contractor before starting construction. Recording shall include and show every detail of existing improvements, including the current condition of the curb, gutter, sidewalk, signs, landscaping, streetlights, structures near the project including face of buildings, canopies, shades, fences and any other features within the limits of work. Photos and/or videotape shall be delivered to the Engineer at the pre-construction meeting.
8.09 Preconstruction Conference - The City shall designate a date and time for the pre-construction conference once the contract has been fully executed. At the pre-construction conference, the City shall discuss various administrative procedures and project coordination issues. At a minimum, the Contractor should be prepared to furnish and discuss the following:
(a) Letter designating the Superintendent.
(b) A list of key personnel and emergency contact information including telephone numbers to be used in case of emergency
(c) Sequence or phasing plans identifying the phasing of construction work and any alternative sequences for consideration.
(d) Traffic control plans associated with the staging plans (to be signed and stamped by a Licensed Traffic Engineer).
(e) A draft of the master Baseline Construction Schedule, in Critical Path Method (CPM) format (to be finalized no later than ten (10) days after the Notice to Proceed). (f) A breakdown of lump sum bid items to be used as a basis for determining the value of work completed on future progress payments.
(g) A submittal schedule listing all project submittals that will need to be reviewed and a listing of proposed material suppliers.
(h) Utility company coordination and/or permit issues.
(i) Videotape and/or photography of the projects existing condition (to be completed prior to starting construction.
(j) Anticipated cash flow projections, if requested by the engineer.
8.10 Progress Meeting - The Contractor, Job Superintendent and Subcontractors, if requested by the City, shall attend weekly progress meetings to be scheduled by the Engineer at a time agreeable to both the Engineer and the Contractor. Contractor shall also attend special meetings in addition to regular progress meetings if necessary and directed by the Engineer.
8.11 Hours of Construction - Construction activities shall be limited to the hours of 8:00 a.m. to 6:00 p.m., unless otherwise noted or further restricted in the Contract Documents, or as directed by the Engineer. No work shall be done on weekends, holidays or outside these specified hours, unless otherwise approved by the Engineer. The Contractor shall take into consideration and coordinate time constraints for special events or activities organized by the City or other agencies. No mechanical equipment, including hauling or deliveries by trucks, shall start before 8:00 a.m. and all equipment must shut down before 6:00 p.m. unless approved by the Engineer.
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8.12 Prosecution of Work - To minimize public inconvenience and possible hazards and to restore the streets and other work areas to their original condition and former state of usefulness as soon as practicable, the Contractor shall diligently prosecute the work to completion. If, in the Engineers opinion the Contractor fails to prosecute the work to the extent that the above purposes are not being accomplished, the Contractor shall, upon orders from the Engineer, immediately take the steps necessary to fully accomplish said purposes. All costs for prosecuting the work as described herein shall be absorbed in the Contractors bid. Should the Contractor fail to take the necessary steps to fully accomplish said purposes, after orders of the Engineer to do so, the Engineer may suspend the work in whole or in part, until the Contractor takes said steps. With or without such suspension, the Engineer may cause such steps to be taken by force account or by other means at the Contractors expense.
8.13 Suspension of Work - Work may be stopped or suspended in whole or in part for up to ninety (90) days when, in the Engineers opinion, the suspension is necessary and in the interest of the City. The Contractor shall immediately comply with any written order of the Engineer suspending work. Such City directed suspension shall be without liability to the Contractor on the part of the City. Suspended work shall be resumed upon written order of the Engineer. An extension of contract time equal to the period of suspension shall be issued to the Contractor by change order. Any claim by the Contractor for an adjustment of the contract sum or the contract time shall be made within ten (10) working days after the end of the work suspension.
If work is suspended through any fault of the Contractor, all expenses and losses incurred by the Contractor during such suspensions shall be borne by the Contractor. If the Contractor fails to properly provide for public safety, traffic, and protection of the work during periods of suspension, the City may elect to do so, and shall deduct the cost thereof from monies due the Contractor. Such action will not relieve the Contractor from any liability.
8.14 Default by the Contractor and Termination of Control - As a result of any of the following events, the Contractor shall be deemed to be in default:
(a) If the Contractor is in bankruptcy or makes a general assignment for the benefit of creditors, or (b) If the Contractor fails to make prompt payment to subcontractors for labor or materials, or (c) If a receiver is appointed on account of the Contractors insolvency, or (d) If the Contractor fails to provide enough properly skilled workmen or enough materials to insure compliance with the construction time schedule, or
(e) If the Contractor fails to perform any portion of the work within the timing requirements of the Contract Documents, or abandons the project site, or
(f) If the Contractor disregards instructions from the Engineer or violates any provision of the contract, or
(g) If the Contractor fails to replace or repair any damage caused by the Contractor or its agents, representatives, contractors, subcontractors, or employees in connection with the performance of the work, or
(h) If the Contractor violates any legal requirement related to the work.
In case of default, the City may give written notice to the Contractor and the Contractors bonding agent that if the default is not remedied within ten (10) calendar days or the Contractor does not provide adequate written assurance to the satisfaction of the Engineer that the cure will be forthcoming, the Contractors control over the work may be terminated as of the date specified in the written notice.
Upon such termination of control the City may enter upon and take possession of the entire work and may also take possession, for the purpose of completing the work, of all of the Contractors tools, equipment and appliances upon the work, and all materials on the site or stored off-site for incorporation into the work. The City may, at its sole option and without further notice to anyone, complete the work by day labor, by contract entered into by negotiations, by competitive bidding, by calling upon the performance of the performance bond surety, or by other means as the City, in its discretion, shall elect.
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After termination of the Contractors control over the work as herein provided, the Contractor shall not be entitled to any further payments under the contract until the entire work thereunder has been fully completed and finally accepted by the City. After such completion and acceptance, if the unpaid balance of the contract price (as defined in the next paragraph) exceeds the sum of the amounts expended by the City in taking over and completing the work, including all managerial and administrative expense incurred by the City on account thereof and the amount of all damages incurred by the City by reason of the Contractors default, such excess shall be paid to the Contractor. If the said amount expended exceeds the unpaid balance, the Contractor and his surety shall be liable to the City for the difference. At the Contractors request, the expense incurred by the City in taking over and completing the work, and the amount of any damage incurred by the City by reason of the Contractors default shall be audited and certified by an independent third party, whose certificate thereof shall be binding and conclusive upon the parties.
For the purposes of the computations required by the paragraph above, the unpaid balance of the contract price shall be the original contract price as adjusted by any change orders issued prior to termination of the Contractors control, less all payments made on account thereof prior to such termination, and less any and all amounts withheld or paid pursuant to stop notices filed with the City upon claims of subcontractors or others from equipment, labor or materials furnished to the work on behalf of the Contractor.
Upon completion and acceptance of the work, the Contractor shall be entitled to the return of all materials not used in the work, but without claim against the City for loss or damage with respect thereto, and shall be entitled to the return of all his equipment, tools and appliances taken possession of by the City, but without claim against the City for any charge for the use thereof or for usual and ordinary depreciation and wear and tear.
The exercise of remedies provided for in this sub-section, for default by the Contractor, shall be in addition to, and shall not be deemed a waiver by the City of any other rights or remedies due the City under the contract provisions, for default by the Contractor.
8.15 Contractors Right to Stop Work or Terminate Contract The Contractor may give written notice to the Engineer of intention to stop work or terminate the Agreement, or both if the work should be stopped by order of any court or other public authority, through no act, omission or fault of the Contractor or any Subcontractor, agent or employee of the Contractor, and such work stoppage under such order shall continue for thirty (30) consecutive days from the effective date of such order If, after the Contractor provides notice to the City of any of the above defaults, the City does not remedy the default within ten (10) calendar days, the Contractor may stop work and may give the City written notice of contract termination. The Contractor may then recover from the City payment for all work executed to date and any loss sustained upon any equipment or materials procured for the work prior to the work stoppage. No compensation for loss of anticipated profits will be provided, however, on work not completed. The Contractors right to recovery shall be subject, however, to the duty of the Contractor to mitigate all loss or damage so far as reasonably possible.
8.16 Citys Right to Terminate Contract The City may, at its option, terminate the Agreement, in whole or from time to time in part, at any time by giving notice to the Contractor. Upon such termination, the Contractor agrees to waive any claims for damages, including loss of anticipated profits, on account thereof; and, as the sole right and remedy of the Contractor, the City shall pay the Contractor in accordance with this sub-section. Upon termination, the obligations of the Contractor for portions of the work already performed shall continue.
(a) Upon receipt of a Notice of Termination, the Contractor shall, unless the notice directs otherwise, do the following:
1. Immediately discontinue the work to the extent specified in the notice.
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2. Place no further orders or subcontracts for materials, equipment, services, or facilities, except as may be necessary to complete such portion of the work that are not to be discontinued.
3. Promptly cancel, on the most favorable terms reasonably possible, all subcontracts to the extent that they relate to the performance of the discontinued portion of the work.
4. Thereafter do only such work as may be necessary to preserve and protect the work already in progress and to protect materials, plants, and equipment on the project site or in transit thereto.
(b) Upon such termination, the City shall pay to the Contractor as a sole and exclusive remedy for the termination, the sum of the following, and the Contractor will be entitled to no other compensation or damages, and expressly waives same:
1. The amount of the contract amount allocated to the portion of the work properly performed by the Contractor as of the date of termination, less sums previously paid to the Contractor, plus
2. Previously unpaid costs of any items delivered to the project site which were fabricated for subsequent incorporation in the work, plus
3. Any proven losses with respect to materials and equipment directly resulting from such termination, plus
4. Reasonable demobilization costs in excess of what would have been incurred if work were not terminated, plus
5. Reasonable costs for preparing a statement of the aforesaid costs, expenses, and losses in connection with such termination.
The City may terminate the Agreement at its own discretion or when conditions encountered during the work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the Agreement by act of God, by law, or by official action of a public authority.
8.17 Time of Completion and Days Charged - The Contractor shall diligently prosecute and fully complete the work within the number of calendar or working days set forth in the Notice inviting Sealed Proposals or shall be subject to liquidated damages. Time is of the essence in the performance of all obligations under the Contract Documents, and all timing requirements shall be strictly adhered to unless otherwise modified by the City. See General Provisions, Sections 8.12, Prosecution of Work, and 8.18, Liquidated Damages.
Under a calendar day contract, City observed holidays and inclement weather delays are to be anticipated and unless there is a deviation from what is customary for the time of year the project is under construction, no additional days will be granted. Every day, including holidays, Saturdays and Sundays shall be counted as a day charged under a calendar day contract.
Under a working day contract, the Contractor will be given credit for City observed holidays and inclement weather delays, in accordance with the State Standard Specifications. Should the Contractor prepare to begin work at the regular starting time in the morning of any day on which inclement weather, or the conditions resulting from the weather prevents the work from beginning at the usual starting time and the crew is dismissed as a result thereof and the Contractor does not proceed with at least seventy-five percent (75%) of the normal labor and equipment force engaged in the current controlling operations for at least sixty percent (60%)of the total daily time being currently spent on the controlling operations, the Contractor will not be charged for a working day whether or not conditions should change thereafter.
8.18 Liquidated Damages - The City and the Contractor, by execution of the agreement, each agree that time is of the essence in the performance of the work, and that actual damages for inconvenience and loss from any delay in completion of the contract beyond the date provided in the Notice to Bidders is extremely difficult or impossible to determine.
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The City and the Contractor further agree, as specified in the Notice to Bidders, that liquidated damages shall be assessed for each and every calendar day required to complete the contract in excess of the contract time established for the project, and that the amount stated therein is a reasonable estimate of the amount of such damages. The Engineer may deduct any liquidated damaged owed to the City, as determined by the Engineer from any payments otherwise payable to the Contractor under this agreement.
Separate from the above-mentioned liquidated damages, the Contractor shall be responsible for paying all damages incurred by private businesses (residential, commercial or industrial), schools and hospitals due to non-completion of the project by the date specified.
Nothing contained herein shall limit the Citys rights or remedies against Contractor for any default other than failure to complete the work within the contract time. This provision for liquidated damages shall not be applicable nor act as a limitation upon the City if the Contractor abandons the work. In such event, the Contractor shall be liable to the City for all losses incurred.
The date of the Engineers Certificate of Substantial Completion shall be the termination date, if applicable, of liquidated damages.
8.19 Delays and Extensions of Time
(a) Excusable Delays - shall mean delays in the prosecution or completion of the work which result from causes beyond the control of the Contractor and City and which could not have been avoided by the exercise of care, prudence, foresight, and diligence on the part of the Contractor, suppliers, or any tier of the Contractors subcontractors. Excusable Delays fall into the following categories:
1. Abnormal Delays Excusable Delays caused by acts of god, fire, unusual storms, floods, tidal waves, earthquakes, strikes, labor disputes, freight embargoes, and shortages of materials insofar as they prevent the Contractor from proceeding with at least seventy-five percent (75%) of the normal labor and equipment force for at least five (5) hours per day toward completion of the current critical path activity.
2. Weather Delays Excusable Delays due to inclement weather conditions or the conditions resulting from weather prevent the Contractor from proceeding with seventy-five percent (75%) of the normal labor and equipment force engaged in the current critical activity item for a period of at least five (5) hours per day toward completion of the current critical path activity.
3. Material Shortage Delays Excusable Delays due to shortages of material, provided that the Contractor submits satisfactory proof to the Engineer. For the proof to be satisfactory, the Contractor must demonstrate that he has made every effort to obtain the materials from all known sources within reasonable reach of the proposed work.
Only the physical shortage of material, caused by unusual circumstances, will be considered under these provisions as an excusable delay, and no consideration will be given to any claim that material could not be obtained at a reasonable, practical, or economical price, unless it is shown to the satisfaction of the Engineer that such material was only available at exorbitant prices. A material shortage delay will not be considered for material ordered or delivered late or for material whose availability is affected by virtue of mishandled procurement. The above provisions shall apply equally to equipment to be installed in the work.
(b) Compensable Delays - shall include delays that occur in the prosecution or completion of the work, through no fault of the Contractor which prevent the Contractor from proceeding with at least seventy-five percent (75%) of the normal labor and equipment force for at least five (5) hours per day toward completion of the current critical activity item(s) on the latest favorably reviewed progress schedule due to the following causes:
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1. Delays due solely to the actions and/or inactions of the City.
2. Delays due to changed conditions as defined in General Provisions, Section 5.05, Requests for Information, Inconsistencies and Changed Conditions.
3. Delays due to other Contractors employed by the City who interfere with the Contractor's prosecution of the work as defined above.
(c) Inexcusable Delay - means any delay in the completion of the work beyond the expiration of the contract time resulting from causes other than Excusable Delays or Compensable Delays.
An Inexcusable Delay shall not entitle the Contractor to an extension of the contract time or an adjustment of the contract sum. In addition to liquidated damages for inexcusable delays, the Contractor agrees to pay the Citys actual costs, including charges for engineering, inspection and administration incurred during the delay.
(d) Concurrent Delays - those periods of delay when the prosecution of the work is delayed during the same period of time due to causes from a combination of the delays defined as Excusable, Compensable or Inexcusable.
If the Contractor desires an extension of time, he shall file a written request based upon the delays reported. The Engineer will ascertain the facts, the extent of the delays, and the effect upon the entire project, and the City will grant an extension of time equivalent to verified time lost. The request for an extension of time must be made no later than ten (10) working days after the start of the condition that purportedly caused the delay, and no later than fifteen (15) working days after the date on which performance on the condition purportedly causing the delay has ended.
Contractor may make a delay claim for an extension of the contract time for an Excusable Delay or a Compensable Delay. If an Excusable Delay and a Compensable Delay occur concurrently, the maximum extension of the contract time shall be the number of calendar days from the commencement of the first delay to the cessation of the delay which ends last. If an Inexcusable Delay occurs concurrently with either an Excusable Delay or a Compensable Delay, the maximum extension of the contract time shall be the number of calendar days, if any, by which the Excusable Delay or the Compensable Delay exceeds the Inexcusable Delay.
For a Compensable Delay, the Contractor may make a delay claim for an adjustment in the contract sum in an amount equal to the sum of the actual and unavoidable additional costs of labor, material, and equipment furnished at the site by the Contractor or subcontractors, including wages, salaries, fringe benefits and payroll taxes.
Extensions of time, when granted, will be based upon the effect of delays to the project as a whole and will not be granted for non-controlling delays to minor portions of the work unless it can be shown that such delays did, in fact, delay the progress of the project as a whole. For purposes of determining delays, all float associated with the project schedule shall belong to the project. See General Provisions, Section 8.05, Baseline Construction Schedule.
If delays are caused by unforeseen events beyond the control of either the Contractor or the City, such delays will entitle the Contractor to an extension of time as provided herein, but the Contractor shall not be entitled to damages or additional payment due to these delays. War, governmental regulations, labor disputes, strikes, fires, floods, adverse weather necessitating cessation of work, other similar action of the elements, inability to obtain materials, equipment, or labor because of Federal Government restrictions arising out of National Defense, required extra work, action or inaction by the City, or other specific reasons as may be further described in the specifications may constitute such a delay. If delays beyond the Contractors control are caused by reasons other than those mentioned above, but are substantially equal in gravity to those enumerated, an extension of time may be granted, if deemed by the Engineer to be in the best interests of the City.
The Contractor shall be entitled to an extension of time if delayed due to a failure of the City to furnish necessary right-of-way or materials which the City agreed to furnish, or by the Citys failure to supply necessary plans or instructions concerning the work, after written request by the Contractor.
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For Compensable Delay periods resulting in indirect overhead expenses, the Contractor shall be reimbursed as provided for in General Provisions, Section 5, Changes in Work.
8.20 Substantial Completion When work in accordance with the Contract Documents has progressed to a stage of one-hundred percent (100%) complete, as determined by the Engineer, except for the completion of minor punch list items of deficiencies or omissions in the work which require correction in order to satisfy the agreement, yet do not impair the Citys ability to occupy and fully utilize the work for its intended purpose, the project shall be deemed Substantially Complete. Portions of the work may also be designated by the City as substantially complete if the Contract Documents require separate delivery.
When the Engineer determines that the work or such designated portions of the work are substantially complete, the Engineer will prepare and sign a Certificate of Substantial Completion. The date of substantial completion shall establish the date at which days charged against the project duration shall terminate. The date of substantial completion shall also establish the date of occupancy by the City and the transfer of responsibility from the Contractor to the City for such items as security, maintenance, heat, utilities, insurance, and damage to the work from causes other than that of the Contractor. Unless otherwise indicated in the Certificate of Substantial Completion, the Contractors guarantee for the work shall commence upon the date of substantial completion. See General Provisions, Section 11.01, Contractors Guarantee.
8.21 Project Closeout - After the Contractor has received the Certificate of Substantial Completion and has only minor work remaining, project closeout may begin. The following items and procedures are required as part of the project close out process.
(a) Following the completion of punch list items, the Contractor shall make a written request to the city to conduct a final inspection. The written request shall be accompanied by a Certification that the work has been performed in accordance with the Contract Documents. (b) Within fourteen (14) days of receipt of the Contractor's Certificate of Completion, a final inspection will be scheduled and conducted by the City. As a result of the inspection, the City will advise the Contractor of any work that must be completed or corrected before Acceptance, in the form of a punch list.
(c) The City will conduct a re-inspection of the punch list items within when requested by the Contractor, in writing, with assurances that the punch list requirements have been met. Any charges by a Consulting Engineer/Architect hired by the City to do repeat re-inspection of the punch list may be recovered from the Contractor.
(d) The contractor shall provide a final payment request with lien releases (if applicable) in a format acceptable to the City.
(e) The as-built drawings and all record documents and shall be provided to the City by the Contractor including but not limited to, equipment operation and maintenance manuals, copies of warranties, shop drawings, product data, etc. Record documents shall be properly identified and organized into binders.
8.22 Final Completion - After the Contractor has received the Certificate of Substantial Completion along with the punch list, and has completed the items identified as necessary for project closeout, the Engineer will make a determination as to if the work is fully completed and in accordance with the Contract Documents. If so, the Engineer will recommend final acceptance to the City Council.
Should it become necessary, due to developed conditions, for the City to occupy any portion of the work, or any part of any structure or equipment, before the contract is completed or accepted, such occupancy shall not constitute an acceptance of any part of the work, unless so stated in writing by the City.
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8.23 Final Acceptance Final acceptance by the Engineer will be considered after the work has been fully completed. A Notice of Completion will be filed with the County Recorder once Final Acceptance has been made.
8.24 Risk of Loss - The Contractor shall be responsible for the charge, care and protection of the project and shall bear all risks of injury or damage to the work, materials or equipment delivered to the site, by any means including fire, earthquake, wind, storm or other action of the elements, vandalism, or loss by theft, from the date of Notice to Proceed to the date of the filing of the Notice of Completion by the Engineer. The Contractor shall rebuild, repair, restore and make good all injuries or damage to any portion of the work, and shall bear the entire expense thereof, except such injuries or damages that are caused by riot, insurrection, acts of the Federal or State Government, or a public enemy in time of war.
8.25 Use of Improvements During Construction - The City reserves the right to take over and utilize all or part of any completed facility or appurtenance. Such action by the City will not relieve the Contractor of responsibility for injury or damage to said completed portions of the improvement resulting from use by public traffic, from the action of the elements or from any other cause attributable to the Contractors operations or negligence. The Contractor will be required to restore such portions of the improvement before final acceptance. Nothing in this Section shall be construed as relieving the Contractor from full responsibility for correcting defective work or materials.
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SECTION 9 RESPONSIBILITIES OF THE CONTRACTOR
9.01 Contractors Responsibility for the Work - The Contractor shall supervise, coordinate, and direct the work using Contractors best skill and attention. Contractor shall have control over and be solely responsible for construction means, methods, techniques, sequences, procedures, and the coordination of all portions of the work in accordance with the terms of the Contract Documents until the completion and final acceptance of the work by the City. The Contractor shall furnish and maintain in good condition all equipment and facilities as required for the proper execution and inspection of the work. Such equipment and facilities shall meet all requirements of applicable ordinances and laws.
The Contractor shall rebuild, repair, restore and make good all injuries, damages, re-erections and repairs occasioned or rendered necessary by causes of any nature whatsoever, excepting only acts of God and none other, to all or any portions of the work, excepting as otherwise stipulated.
9.02 Contractors Responsibility for Subcontracted Work - The City will deal directly with, and make all payments to the Contractor only. The Contractor shall be responsible for the coordination of all trades, subcontractors, and suppliers engaged upon the work. Neither the City nor the Engineer will undertake to settle any differences between the Contractor and his subcontractors.
All persons engaged in the work, including subcontractors, will be considered as employees of the Contractor. The Contractor will be held responsible for their work and shall be responsible to the City for acts and omissions including those by their respective agents and employees.
When subcontracted work is not prosecuted in a manner satisfactory to the Engineer, the Contractor shall be notified to take corrective action within a specified time. If timely correction is not made, then upon receipt by the Contractor of written instructions from the Engineer, the Subcontractor shall be removed immediately from the work and shall not be reemployed.
9.03 Superintendent -
The Contractor shall employ, and provide a written letter designating a superintendent and/or representative and all their contact information. The superintendent and/or representative shall be present on the job site whenever work is in progress to coordinate all work with the City and neighboring property owners, and who shall be available by phone twenty-four (24) hours per day, seven (7) days a week up to the Final Acceptance of the work by the City. A backup representative may also be provided. A joint venture shall designate only one Superintendent.
City approval of the Superintendent is required pri or to starting work. The City reserves the right t o request an appropriately qualified replacement of the Superintendent any time during construction of t he project.
Contractor shall provide the Engineer with the Supe rintendents telephone number, along with an after- hours emergency contact number of a responsible person who shall correct hazardous situations, should they occur, during times other than the normal working hours.
Directions and information given to the Superintendent shall be considered as having the same effect as if delivered to the Contractor and the Superintendent shall have full authority to execute the same and to supply materials, tools and labor without delay, and who shall be the legally appointed representative of the contractor.
Contractor shall be liable for the faithful observation of any instructions delivered to him or to his appointed representatives.
9.04 Character of Workers - Contractor shall provide competent, fully qualified personnel to perform the work and shall at all times maintain good discipline and order among its employees and Subcontractors.
Any employed person or Subcontractor who is found to be incompetent, intemperate, troublesome, disorderly or otherwise objectionable or who fails or refuses to perform his work properly and acceptably, shall be immediately removed from the work by the Contractor and shall not be reemployed. Such discharge shall not be the basis of any claim for compensation or damages against the City of San Carlos or any of its officers, employees or agents.
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9.05 Laws to be Observed - The Contractor shall keep himself fully informed of, and at all times observe and comply with all Federal, State and County laws, including those of CAL-OSHA; all municipal ordinances and regulations of the City of San Carlos; and all orders and decrees of bodies having jurisdiction over the work. The Contractor shall also cause all agents and employees engaged on the project to observe and comply with all such laws, and shall protect and indemnify the City of San Carlos and all officers, employees, and agents thereof connected with the work against any claim or liability arising from or based on the violation of any such law
(a) Non-Discrimination Attention is directed to Labor Code, Section 1735 which reads as follows:
No discrimination shall be made in the employment of persons upon public work because of the race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status or sex of such persons, except as provided in Government Code, Section 12940 and every Contractor for public works violating this Section is subject to all the penalties imposed for a violation of this chapter.
(b) A lien Labor - The Contractor shall forfeit as penalty to the City of San Carlos fifty dollars ($50.00) for each alien with no permit to work in the United States of America (USA) knowingly employed in the contract, by him or by any Subcontractor under him upon any of the work herein mentioned, for each calendar day, or portion thereof, during which such alien is permitted or required to labor in violation of the provisions of the Labor Code and in particular Sections 1850 to 1854 thereof, inclusive.
(a) Hours of Labor Hours of labor shall be pursuant to Labor Code, Sections 1810. Pursuant to Labor Code, Sections 1813, Contractor shall forfeit to the City, as a penalty, twenty-five dollars ($25.00) for each worker employed in the execution of this Agreement by Contractor, or any Subcontractor in violation of the terms of this Section or in violation of the provision of any law of the State of California. Such forfeiture amounts may be deducted from the contract sum.
Contractor and each Subcontractor shall keep, or cause to be kept, an accurate record showing the actual hours worked each calendar day and each calendar week by each worker employed on the project, which record shall be kept open at all reasonable hours to the inspection of the City, its officers and agents, and to the inspection of the appropriate enforcement agency of the State of California.
(d) Prevailing Wage As identified in the Notice to Bidders, the work contemplated by this agreement is a public work subject to prevailing wages under California Labor Code, Sections 1720 et. seq. The State of California Department of Industrial Relations has ascertained the general prevailing per diem wage rates in the locality in which the work is to be performed for each craft, classification, or type of worker required to perform the work. A schedule of the most recent general prevailing per diem wage rates made available to the City will be on file at the Citys principal facility office and will be made available to any interested party upon request. This prevailing wage rate schedule is provided by the City for Bidders information only and is not guaranteed by the City to be current. Contractor is obligated to verify all appropriate prevailing wage rates and pay those rates as required. By this reference the verified current schedule of prevailing wage rates is made part of the Contract Documents.
Contractor shall pay not less than the prevailing per diem wage rates, as specified in the schedule and any amendments thereto, to all workers employed by Contractor in the execution of the work. Contractor shall cause all subcontracts to include the provision that all Subcontractors shall pay not less than the specified prevailing per diem wage rates to all workers employed by such Subcontractors in the execution of the work.
Contractor shall forfeit to the City, as a penalty, no more than fifty-dollars ($50.00) for each calendar day or portion thereof for each worker that is paid less than the specified prevailing per diem wage rates for the work or craft in which the worker is employed for any portion of the work done by Contractor or any Subcontractor in violation of the provisions of the Labor Code, and in particular Sections 1770 to 1781 thereof, inclusive. Such forfeiture amounts may be deducted from the contract sum. Contractor shall also pay to any worker who was paid less than the specified prevailing per diem wage rate for the work or craft for which the worker was employed for any portion of the work, for each calendar day, or portion thereof, for which the worker was paid less than the specified
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prevailing per diem wage rate, an amount equal to the difference between the specified prevailing per diem wage rate and the amount which was paid to the worker.
The City will not recognize any claim for additional compensation because of the payment by the Contractor for any wage rate in excess of prevailing wage rates set forth in the Agreement, including payment in excess of the prevailing wage for extra work paid by force account. The possibility of wage increases is one of the elements to be considered by the Contractor in determining the Contractors bid and will not, under any circumstances be considered as the basis of a claim against the City under the Agreement.
(e) Payroll Records - Pursuant to Labor Code, Sections 1776, Contractor and all Subcontractors shall keep an accurate payroll record, showing the name, address, social security number, job classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in connection with the work. All payroll records shall be certified as being true and correct by Contractor or Subcontractors keeping such records; and the payroll records shall be provided to the City no later than three weeks after closing of payroll. The Contractor and all Subcontractors must also furnish electronic certified payroll records to the Labor Commisioner of the State of California, Department of Industrial Relations. (f) Apprentice Program - Attention is directed to State of California Labor Code, Sections 3095, 1777.5, 1777.6, and 1777.7 and Title 8, California Code of Regulations, Section 200, and the applicable Sections that follow. Responsibility for compliance with these requirements lies with the Contractor. To ensure compliance and complete understanding of the law requiring apprentices, and specifically the required ratio thereunder, Contractor or Subcontractors should, where some question exists, contact the Division of Apprenticeship Standards, 425 Golden Gate Avenue, 4 th Floor, San Francisco, California, 94102 or one of its branch offices prior to commencement of the work. In the event Contractor willfully fails to comply with this Section, it will be considered in violation of the requirements of the Contract.
Nothing contained herein shall be considered or interpreted as prohibiting or preventing the hiring by Contractor or Subcontractors of journeyworker trainees who may receive on-the-job training to enable them to achieve journeyworker status in any craft or trade under standards other than those set forth for apprentices.
(g) Safety Program the Contractor shall conform to the rules and regulations pertaining to safety established by the California Division of Industrial Safety and to all requirements as set forth in the State of California Construction Safety Orders (CAL-OSHA), and in particular, Article 3 of these Safety Orders, regarding Accident Prevention and safety meetings. Within ten (10) working days following the Notice of Award the Contractor shall provide a copy of the Contractors Safety Plan. The price paid for the plan is included in the various contract items of work and no additional compensation will be made therefore.
9.06 Permits and Fees Unless otherwise stated in the Special Provisions, the Contractor shall procure all permits, registrations and licenses, including a City business registration, pay all charges and fees, and give all notices necessary for lawful prosecution of the work. All permits, registrations, licenses, and other authorizations shall be secured in sufficient time to prevent delays to the work. The Contractor shall comply with the provisions of said permits, licenses and other authorizations. The contractor shall submit satisfactory proof to the City, prior to issuance of the Notice to Proceed, that such permits, registrations or licenses are and will be in effect throughout the entire life of this contract. The contractor shall keep all permits, registrations and licenses posted on the job site.
For City Capital Improvement Construction Projects, the Contractor shall obtain a No Fee encroachment and/or building permit. Contractor shall coordinate through the Engineer to insure that all appropriate construction inspections occur.
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9.07 Coordination and Cooperation - Construction work by utility companies or other Contractors may be needed or may be occurring simultaneously within or adjacent to the limits of work for this project . The Contractor shall coordinate and cooperate with all other Contractors and utility companies throughout the duration of this project to avoid delays and minimize interf erence and conflicts. Cooperation will be required in the arrangement for the storage of materials, and in the detailed execution of the work. It is the Contractors responsibility to ascertain the nature of work by others, coordinate his work, and install, modify, and maintain traffic control as necessary to avoid interferences and delays on the construction activities. Failure of the Contractor to keep informed of the work progressing on the site and failure to give written notice of lack of progress or defective workmanship by others shall be construed as acceptance by the Contractor of the status of the work as being satisfactory for proper coordination with his own work.
Where the work of one trade joins or is on the others work, there shall be no lack of continuity or discrepancy when work is completed. In conforming one kind of work with another, marring or damaging other work will not be permitted. Should improper work of any trade be covered by another which results in damage or defects, the whole work affected shall be made good by the Contractor without expense to the City.
The City reserves the right to perform work or allo w others to perform work, as necessary, within or adjacent to the limits of this project, at any time . If the Contractor or any of his Subcontractors or employees causes loss or damage to any separate Contractor on the work, the Contractor, by agreement or arbitration, if he deems it necessary, will settle any claim for such loss or damage. If such separate Contractor shall sue the City, on account of any loss so sustained, the City shall notify the Contractor, who shall indemnify and hold harmless the City against any loss or damage arising therefrom, including the cost and expense of defending any such suit.
If any portions of the work specified herein are to be installed in any right-ofway owned by the State, County, Municipality, or other public entities or public utilities, it shall be incumbent upon the contractor to familiarize described above will necessarily be subject to their inspection and approval before acceptance of these portions of the work by the Engineer. Any costs for inspection by agents other than those of the City shall be borne by the contractor. Where other agencies have jurisdiction over some portion of the work, and the requirements of the agencies are at variance with this specification, then that portion of the work shall be done in accordance with the requirements of the agency(ies).
The Contractor shall absorb in his bid all costs involved in coordinating his work with others. The Contractor will not be entitled to additional compensation from the City for damages resulting from such simultaneous, collateral and essential work.
9.08 Use of Premises - The Contractor shall confine construction a ctivities to the project limits; which shall consist of right-of-way, easements and/or property owned by the City of San Carlos. With prior approval of the Engineer, adjacent street right-of-way may also be utilized for day-to-day operations. Unless approved by the Engineer, no storage of materials and equipment wil l be allowed to remain within the right-of-way duri ng non- working hours, on the weekends, or during holidays.
Each day, after the completion of construction operations, unless otherwise approved by the Engineer, the project limits shall be secured and made accessible to the public. All excess materials and equipment not protected by approved traffic control devices (such as k-rails) shall be relocated to a staging area o r demobilized.
Trench spoils shall be off-hauled daily and open excavations shall be protected with steel plates.
Personnel of Contractor and Subcontractors shall not occupy, live upon, or otherwise make use of the project site during any time that work is not being performed at the project site, except as otherwise provided for in the Contract Documents for issues such as site security.
9.09 Construction Staging and Field Office - If additional space beyond the cons truction limits is necessary for staging, the Contractor shall, at his own cost and initiative, make special arrangements with neighboring property City(s) to secure a staging ar ea for a field office and/or material and equipment
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storage. The staging area must be fenced, with screening, and shall be operated in a manner that minimizes the inconvenience to neighbors.
The Contractor is encouraged to negotiate side agreements with the property owners of such sites prior to submitting bids. Prior to occupying the staging area, the Contractor will be required to provide to the Engineer a copy of the agreement or temporary construction easement granted by the property owner. A written release from the property owners or City, holding the City harml ess from liability, will also need to be provided. In addition to approval from the property owners, the Contractor may also need to secure a Use Permit from the Citys Planning Division.
9.10 Site Security - Contractor shall be responsible for the care and custody of work and the site, including all necessary security provisions, on a 24-hour per day basis throughout the entire term of the Agreement. The Contractor shall provide and maintain storage facilities and employ such measures as will preserve the specified quality and fitness of materials to be used in the work.
9.11 Construction Water The Contractor is responsible for obtaining all water required for the project and shall work with, and obtain all permits from, t he appropriate water purveyor prior to obtaining co nstruction water. If hydrant water is to be used, the Contractor must first obtain a hydrant meter and pay all related expenses.
Direct connections to hydrants without a meter are not allowed. If water trucks are used, they shall be installed with backflow prevention devices. The cost of water, in cluding all associated fees, deposits or permits sh all be incorporated into the various bid items and no separate payment shall be made. Water purveyors include:
California Water Service Company Mid-Peninsu la Water District Bayshore District - Customer Center 3 Dairy Lane
341 North Delaware St. P.O. Box 129
San Mateo, CA 94401-1727 Belmont, CA 94002
M-F: 8 a.m. to 4:30 p.m. M-F: 8 a.m. to 4:30 p.m.
Tel.: (650) 558-7800 Tel.: (650) 591-8941
[email protected] midpeninsulawater.org
9.12 Project Site Maintenance All work identified in this section shall be considered as pa rt of the contract bid items, and no separate payment will be made thereof. (a) Disposal of Material - Unless otherwise shown on the plans or specified herein, all excess materials and materials removed from existing improvements shall become the property of, and be disposed by the Contractor. The Contractor shall be responsible for all costs associated with disposing all excess materials in a safe and legal manner. No material shall be placed on private or public property without prior approval from the City and the property owner. The Contractor shall not allow any refuse, excavated material, surplus concrete or mortar, or any associated washings, to be disposed upon paved streets, into manholes or into the Citys storm drain system.
Contractor shall establish a system for daily collection and disposal of waste materials from construction areas and elsewhere on the site. Contractor shall handle waste materials that are hazardous, dangerous, or unsanitary separately from inert waste by containerizing appropriately. Burning or burying of waste materials on site will not be permitted.
All materials removed from the existing improvements, which in the opinion of the Engineer have salvage value, shall be delivered to the City Corporation Yard at 1000 Bransten Road, San Carlos, or at any other site designated by the Engineer within the City and shall be considered as part of the contract bid items, with no separate payment will be made thereof. (b) Cleanup and Dust Control at all times during construction, including weekends and holidays, and throughout all phases of construction, including work suspensions and until final acceptance of the project, the Contractor shall keep the work site clean and free from rubbish, debris, and prevent the formation of an airborne dust nuisance.
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Materials and equipment shall be removed from the site as soon as they are no longer necessary. Upon completion of the work and before final inspection, the entire site shall be cleared of equipment, unused materials, and rubbish so as to present a satisfactory clean and neat appearance.
The Contractor shall abate dust nuisance by cleaning, sweeping, and sprinkling with water, those excavated areas of dirt or other materials which are prone to causing dust, within both the project site and the storage or staging area. If required or directed by the Engineer, the Contractor shall provide an approved water truck of large capacity with spraying capability and/or street sweeper.
The Contractor shall be required to apply water for dust control immediately during construction efforts and within one (1) hour after notification by the Engineer that an airborne nuisance exists. If dust control is not adequate, in the opinion of the Engineer, the Engineer will have this work performed by others and will deduct such cost from the total contract price.
All hauling trucks or other construction vehicles l eaving the site shall be cleaned of mud or dirt clinging to exterior body surfaces or wheel rims before traveling on City streets outside the work limits. All trucks coming to or leaving the site with materials or loose debris shall be loaded in a manner, which will prevent the dropping of materials or debris on City streets. Spillage resulting from hauling operations along or across any public traveled way shall be removed immediately.
When construction operations cause dirt to be deposited on public streets, the Contractor shall immediately remove such material. Streets shall be cleaned by street sweeping, rather than flushing, so as to prevent mud from entering the storm drain system.
Excess excavated material shall be removed from the site immediately. Sufficient material may remain for use as backfill if permitted by the specifications. Forms and form lumber shall be removed from the site as soon as practicable after stripping.
Failure of the Contractor to comply with the Engineers cleanup orders may result in an order to suspend work until the condition is corrected. No additional compensation will be allowed as a result of such suspension.
(c) Air Pollution Control - The Contractor shall not discharge smoke, dust, or any other air contaminants into the atmosphere in such quantity as will violate the regulations of any legally constituted authority.
(d) Noise Control - The Contractor shall make every reasonable effort to control noise generated as a result of construction to the satisfaction of the Engineer. Use of an air compressor, jackhammer or other loud, vibrating sound generating device shall be limited to operations between the hours of 8:00 a.m. and 6:00 p.m. Monday thru Friday and between 9:00 a.m. to 5:00 p.m. on Saturday and Sunday, unless otherwise authorized by the Engineer. (e) Vermin Control - At the time of acceptance, structures entirely constructed under the contract shall be free of rodents, insects, vermin and pests. Necessary extermination work shall be arranged and paid for by the Contractor as part of the contract work within the contract time and shall be performed by a licensed exterminator in accordance with requirements of governing authorities. The Contractor shall be liable for injury to persons or property and responsible for the elimination of offensive odors resulting from extermination operations. (f) Sanitation - The Contractor shall provide and maintain enclosed toilets for the use of employees engaged in the work. These accommodations shall be maintained in a neat and sanitary condition. They shall also comply with all applicable laws, ordinances and regulations pertaining to the public health and sanitation of dwellings and camps. (g) Wastewater - Wastewater systems shall not be interrupted. Should the Contractor disrupt existing sewer facilities, the Contractor shall immediately notify the Engineer, and the Contractor shall establish a plan, subject to the approval of the City, to convey the
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sewage in closed conduits and disposed of it back into the sanitary sewer system. Sewage shall not be permitted to flow in trenches or be covered by backfill. (h) Temporary Light, Power and Water - The Contractor shall at his own expense furnish, install, maintain, and remove all temporary light, power, and water, including piping, wiring, lamps, and other equipment, necessary for the work. The Contractor shall not draw water from any water source, except to extinguish a fire, without first obtaining permission from the appropriate water utility company/agency.
(i) Storm Water Pollution Control All work shall conform to Provision C.3 and C.6 of the Countywide Municipal Storm Water Permit (MRP) and the National Pollutant Discharge Elimination System (NPDES) permit. The applicant shall implement all San Mateo Countywide Water Pollution Prevention Program (SMCWPPP) measures and Best Management Practices (BMPs). Failure to comply with the approved construction BMPs will result in the issuance of correction notices, citations and/or a stop work order.
Contractor shall submit to the City a Storm Water Pollution Prevention Plan (SWPPP) in compliance with all NPDES requirements, and constructing those facilities which may be required to provide prevention, control, and abatement of water pollution. SWPPP shall address how the Contractor will prevent materials specified above from being rinsed or washed into the storm drain system and which BMPs will be implemented for preventing sediment and pollutant discharges into the storm water system.
All construction efforts shall be conducted in a manner which prevents the release of hazardous material or hazardous waste into the soil or groundwater, and minimizes the discharge of pollutants into the storm drain system. No pollutants will be allowed to enter the storm drainage system. The Contractor shall be responsible for containing and removing any waste from the Contractors construction operations using the appropriate BMP. The Contractor shall be responsible for cleaning catch basins of solid or liquid waste materials originating from the Contractors operation before this material migrates further into the storm drain system. Violation of this provision shall cause the City to issue a stop-work notice and take necessary action to require the Contractor to correct and comply with regulations. All costs related to the stop-work action and corrective work to come into compliance shall be fully borne by the Contractor.
Existing Drainage Conditions - If the work performed interferes with established drainage patterns, ample provisions shall be made by the Contractor to correct the interference. The City may also direct the Contractor to take additional measures to be performed at the Contractor 's expense.
Illicit Discharge - No dumping or discharge of construction materials, debris, and hazardous materials will be permitted into the City's storm drainage system. In the event of any discharge, leakage, spill or emission of hazardous materials, Contractor shall promptly notify the City and shall clean all affected property. The Contractor shall indemnify, hold harmless and defend the City against all liability incurred as a result of any such discharge, leakage, spill or emission, regardless of whether such liability, cost or expense arises during or after the term of the permit.
9.13 Preservation of Property - The Contractor shall be responsible for the protection of public and private property adjacent to the work.
Due care shall be exercised to avoid damage to existing roadway improvements and facilities, adjacent property, roadside trees, lawn and shrubbery not designated for removal, pole lines, fences, signs, survey markers and monuments, buildings and structures, conduits, pipe lines under or above ground, sewer and water laterals, and any other improvements or facilities within or outside the limits of construction. As ordered and approved by the Engineer, the Contractor shall provide and install suitable safeguards to protect such objects from injury or damage. If such objects are injured or damaged by reason of the Contractors operations, they shall be replaced or restored, at the Contractors expense, to a condition as good as when the Contractor entered upon the work, or as good as required by the Contract Documents.
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Existing striping damaged during construction within and adjacent to the project site shall be replaced with thermoplastic. Partially damaged striping (such as what might occur trenching through a pavement legend), shall be replaced in their entirety.
Contractor shall preserve carefully bench marks, reference points, and stakes; in case of willful or careless destruction, he will be charged with the resulting expense of replacement and shall be responsible for any mistakes that may be caused by their unnecessary loss or disturbance.
Any survey monuments that are damaged or removed as part of the construction shall be replaced by the Contractor and a Record of Survey, as required by S tate law, shall be filed by a licensed Land Surveyo r at the Contractor's expense.
The fact that any such improvement or facility is not shown upon the plans shall not relieve the Contractor of his responsibility under this Section. It shall be the Contractors responsibility to ascertain the existence of any underground improvements or facilities indicated on the plans, indicated by locating services, or as evidenced by facilities visible in the field.
Contractor shall protect his work, supplies and materials from damage due to the nature of the work, the action of the elements, trespassers, or any cause whatsoever which is under his control, until the completion and acceptance of the work. Neither the City nor any of the City's agents assume any responsibility for collecting indemnity from any person(s) causing damage to the work of the contractor.
9.14 Protection of Buried Utilities When the Contractor's attention is directed to the existence of pipes, cables, culverts, and other underground structures and improvements which may or may not be shown on the plans, it is the responsibility of the contractor to ascertain the exact location of such underground utilities in advance of any digging operations so that they shall not be disturbed or damaged by him during the progress of the work. All expenses of whatever nature arising from such disturbance or replacement or repair thereof shall be borne by the contractor.
If the location of pipelines being installed by the contractor under this contract conflicts with the location of existing pipelines, contractor shall so notify the Engineer in writing. The Engineer will ascertain the location of the existing utility in question and may at his discretion relocate the pipeline being installed for the convenience of the contractor. It shall not be construed that the City or the Engineer is in any way required or obligated to locate or relocate pipelines to locations other than shown on the contract plans. If the Engineer relocates pipelines at the request of the contractor, the contractor shall bear all the expenses incurred in connection therewith.
9.15 Protection of Bridges - Contractor shall be responsible for any damage he may cause to bridges, culverts and road structures. He shall determine in advance the allowable safe load for each structure and, if necessary, provide special shoring and support at his expense.
9.16 Protection of Traffic Signal Facilities - The Contractor shall give at least seventy-two (72) hours advance notice to the Engineer before commencing any street work (such as pavement grinding or trenching) that may potentially damage any traffic signal detection loop wires or any other signal facility. This requirement is in addition to any Underground Services Alert notifications. The City will then mark the underground traffic signal facilities.
The Contractor shall not proceed with any grinding, trenching or other underground work until it has been verified with the Inspector that signal facilities have been marked.
In the event that the Contractor's construction activities cause any failure of a traffic facility, it shall be repaired and be made fully operable within 24-hours of the damage occurring. In the event that such repair is not undertaken within this time limit, the City may repair the facility at the Contractors expense.
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9.17 Restoration of Adjacent and Existing Improvements - Contractor shall do all cutting, fitting, or patching of the work required to make all parts of the work come together properly with existing and adjacent conditions.
Unless otherwise provided, the Contractor shall repair or replace all existing improvements (e.g., curbs, sidewalks, driveways, fences, signs, utilities, street surfaces, structures, etc.) damaged or removed as a result of his operations. Repairs and replacements shall be at least equal to existing improvements, and shall match in terms of condition, finish and dimension to the satisfaction of the Engineer.
All Underground Services Alert (USA) markings, including the initial markings made by the Contractor and those markings placed by others in responseshall be removed at the Contractors expense when they are no longer required. Acceptable means of removal include sand blasting, high pressure washing, or other means approved by the Engineer.
All traffic signs and street signs within the limit of work necessarily removed during the various phases of operations shall be temporarily reset by the Contractor at or near the original location upon completion of each phase of construction operations. Prior to removal of all traffic control signs, the Contractor shall submit photographs of the site which show the existing location of these signs so that upon completion the photographs will aid in resetting the signs at or near their original location. Traffic control signs and street signs will be replaced upon completion of the work and the cost of removal and replacement shall be considered as part of the contract bid items, and no separate payment will be made thereof.
Rural type mail boxes shall be maintained by the Contractor in a manner satisfactory to the property owner and postal service, and the Contractor shall relocate the same as soon as possible to a permanent location in accordance with postal regulations and in a location acceptable to the property owner.
Any object to be removed and reused at other locations shall be removed with due care and delivered or stored at the projects construction storage area, or if approved by the Engineer, at any other site designated by the Engineer within the City. Such objects may consist of street light poles, signal mast arms and other objects directed by the Engineer. Items not approved by the Engineer for reuse purposes, and without salvage value, shall become the property of the Contractor, to be disposed of at Contractor expense, in an acceptable manner.
9.18 Archeological Remains - If human and/or archeological remains are uncovered during excavation. All earthwork within one-hundred (100) feet of these materials will be stopped until a Coroner and/or professional archeologist (SCA) and/or the Society of Professional Archeology (SOPA) has had an opportunity to evaluate the significance of the find and suggest appropriate mitigation measures.
9.19 Access to Private Property - The Contractor shall schedule and perform operations so as to minimize disruption of access to private property. Prior to blocking access to any private driveway or parking lot entrance, the Contractor shall notify the residents, business owners or tenants of pending closure and allow residents to remove vehicles. During non-working hours no driveway, house or parking lot shall be denied access to a public roadway.
The Contractor shall coordinate with the adjacent property owners and businesses and maintain vehicle and pedestrian access to their properties at all times. Temporary access ramps, fencing, or other measures shall be provided as needed.
9.20 Traffic Control and Public Convenience The Contractor shall provide for safe movement of all vehicular, bicycle and pedestrian traffic through and around the construction operations with as little inconvenience and delay as possible. The Contractor shall have no amount of work under construction other than what he can properly prosecute with due regard to the rights and convenience of the public.
Proper conveyance of vehicular traffic and pedestrians through the work area depends upon navigating under unexpected situations. The means of clarifying such conditions to the public include the Contractors use of signs, flagmen, pavement markings, barricades, lights, cones and delineators. No
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one standard sequence of signs or control devices will suit all conditions which may result from construction operations. Even for the same work, the conditions may vary from hour to hour, requiring adjustment and revisions of the traffic control in effect. The traffic control requirements specified herein are therefore intended to establish general principles to be observed in the control and regulation of traffic through and around the construction operations anticipated for this project. The requirements set forth in this Section represent the minimum traffic control requirements imposed and the Contractor shall be solely responsible for providing the full extent of traffic control measures that are necessary. Only individuals trained in the principles of implementing traffic control and/or traffic control flagging shall be assigned that responsibility at the work site. (a) Traffic Control Plan The Contractor shall submit a Traffic Control Plan to clearly describe proposed traffic control measures. The plan shall be generally in accordance with the illustrations included in the California Manual of Uniform Traffic Control Devices and the Work Area Traffic Control Handbook, (Building News Incorporated P.O. Box 3031, Terminal Annex, Los Angeles, CA 90051). The submittal shall consist of scaled drawings for each situation anticipated to be encountered, i.e., intersections, mid-block (each during working and non-working hours), etc. The drawings shall show signs, traffic control devices and flagmen as required.
The Traffic Control Plan shall be directed equally to the regulation and protection of non- vehicular traffic including pedestrians, bicyclists, joggers, skaters, skateboarders, etc. The Contractor shall provide for the protection and separation of non-vehicular traffic from construction operations at all times. No work involving the implementation of traffic control shall begin until the Engineer has reviewed and has no exception to the traffic control plans.
The Contractor may implement a revised Traffic Control Plan only with subsequent review with no exceptions by the Engineer.
(b) Traffic Control Devices - Traffic control devices shall be provided in sufficient quantities and types as required to provide safe and adequate traffic control. During hours of darkness, approved lights and/or flares shall be included, in proper working order, to illuminate signs and hazards and alert approaching traffic. Barricades shall be furnished and maintained along all open trenches in contact with traffic. No work may begin on any day or at any time before traffic control devices have been placed, test driven and, if required, adjusted and revised. All traffic control devices shall be placed in accordance with the Manual of Uniform Traffic Control Devices and the Contractors favorably reviewed traffic control plans. Locations of devices shall be adjusted to suit the conditions and circumstances of each detour situation. In all cases, signs shall be placed to most effectively convey their messages to approaching traffic.
The Contractor shall maintain all traffic control devices, at proper locations and in proper working order, at all times during construction operations and whenever a hazard resulting from Contractors operations exists. The Contractor shall adjust and revise traffic control devices, placement, etc., to suit changing conditions around construction operations. Traffic control devices shall remain in place at all times, as required to alert approaching traffic of upcoming hazards. After hazards have been removed, all traffic control devices shall be removed. Temporary signs shall be removed or their messages covered.
Daily traffic control measures shall continue until cleanup activities have been satisfactorily completed and all of the Contractors equipment has been removed from the traveled way. (c) Traffic Control Detours - The Contractor shall direct, divert and detour traffic through, around and adjacent to construction operations in accordance with the traffic control plans specified in the Contract Documents or in accordance with the Contractors favorably reviewed traffic control plans.
1. Field Review of Detours - Immediately after traffic control devices have been placed, the detour shall be test driven by the Engineer or Inspector and the Contractors Superintendent. The test drive shall include approaches to the detour from each possible direction, and traverse the full length of each detour
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route. The Contractor shall adjust and revise all traffic control devices as determined to be required by the test drive and the test drive shall be repeated, if determined necessary by the Engineer or Inspector. The Contractor shall provide additional traffic control devices as required to maintain the flow of traffic throughout construction operation.
2. Diverting Bicycle and Pedestrian Traffic Whenever construction operations obstruct the flow of bicycle and pedestrian traffic or present a hazard to bicycles and pedestrians, the Contractor shall take appropriate action to protect and separate bicycles and pedestrians from the work area. Such action may include placement of barricades between bicycles and pedestrians and the work areas, placement of warning signs, and provisions utilizing personnel as required to protect and maintain access for bicycles and pedestrians as conditions warrant.
3. Diverting Vehicular Traffic - Whenever construction operations obstruct the flow of vehicular traffic or present a hazard to vehicles operating in the vicinity of construction operations, the Contractor shall take appropriate action to warn, detour and otherwise protect approaching drivers and vehicles.
4. Flagmen - The Contractor shall employ flagmen as required for each specific detour and at all locations where barricades and warning signs cannot control the movement of traffic. A warning sign shall be placed ahead of the flagman reading: Flagman Ahead. The distance between the sign and the flagman should be based on the average traffic speed, allowing approximately fifty (50) feet for each ten (10) miles per hour. During hours of darkness, flagman stations shall be illuminated such that the flagman will be clearly visible to approaching traffic. Lights for illuminating the flagman station shall receive favorable review by the Engineer. The flagman shall wear a red or orange warning garment when flagging. Flagmen shall be provided with approved red flags or STOP/SLOW hand paddles, and two-way radios for communication.
When flagging during hours of darkness, the flagman shall signal with a red light or flare and shall have a belt and suspender harness outside his garment fitted with reflectors or made from reflectorized cloth, unless the garment is well reflectorized in one of these ways.
5. Notice to Agencies - The Contractor shall notify the Engineer and all agencies having jurisdiction over the work, in writing, at least ninety-six (96) hours, excluding holidays and weekends, prior to instituting any lane closure or detour. At the end of each workday, the Contractor shall inform the Engineer, Police Department and Fire Departments of the status of all detours, lane restrictions, or road closures. The Contractor shall cooperate and coordinate with the various parties involved in the collection and removal of trash and garbage, the transit providers, the U.S. Postal Service, and others, as necessary, in order to maintain existing schedules and services.
6. Emergency Vehicle Access Through Detours - During all detours and/or street closures the Contractor shall provide for the movement of emergency vehicles through the work area. It is essential that the Contractors work and equipment does not impede emergency access.
7. Night Detours - The Contractor shall not be permitted to maintain any lane closure or road closure during non-working hours without first obtaining written approval from the Engineer. During non-working hours the Contractor shall restore travel lanes to their original alignment and configuration by means of placing temporary asphalt pavement or bridging with steel plates. The Contractor shall place ROUGH ROAD signs conforming to the Manual of Uniform Traffic Control Devices at uneven temporary pavement or bridging locations. See General Provisions, Section 9.18 (b), Trench Safety Requirements.
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8. Temporary Traffic Lanes Temporary traffic lanes shall be at least ten (10) feet wide, or eleven (11) feet wide around curves. Provide an additional two (2) feet of clearance from curbs. The length of temporary lanes should be limited to the area under construction and the distance necessary to divert traffic. (d) Parking Restrictions - The Contractor shall post approved No Parking signs at all locations necessary to establish work areas and detour traffic. Signs shall read: NO PARKING - CONSTRUCTION TOW-AWAY ZONE, show the actual day and hours of parking restriction and indicate the telephone number of the Citys Police Department or agency having jurisdiction. Signs shall be placed at least forty-eight (48) hours in advance of the restriction.
The Engineer shall approve the location and duration of no parking limits and verify their placement. No Parking signs shall be removed when no work is under construction and must be reposted forty-eight (48) hours before the resumption of construction activities.
For any violation of No Parking signs by motorists, the Contractor shall contact and coordinate directly with the Citys Police Department for removal of vehicles in accordance with the California Vehicle Code. The Contractor shall also coordinate with the Police Department directly for enforcement and towing of parked vehicles.
9.21 Safety - The Contractor shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the performance of the work. The Contractors responsibilities shall specifically provide for the safety of persons involved in the project, other persons who are affected by the performance of the work, the work in place, materials and equipment to be incorporated in the work, the project site, and adjoining property.
The services of the City in conducting inspection or construction review of the Contractor's performance is not intended to include review of the adequacy of the Contractor's work methods, equipment, bracing, shoring or scaffolding, or safety measures, in, on, or near the construction site.
Safety vests and personal protection equipment shall be worn by the Contractor, all subcontractors and other personnel when working or present on the site. Hard hats shall be worn when working around earthmoving or any heavy construction equipment or during any overhead construction work.
Payment for performing all work necessary to provide safety measures shall be included in the bid items for which safety measures are required and no additional compensation will be made. (a) Safety Orders The Contractor shall have at the work site, copies or suitable extracts of:
Construction Safety Orders, Tunnel Safety Orders, and General Industry Safety Orders issued by the State Division of Industrial Safety. The Contractor shall comply with provisions of these and all other applicable laws, ordinances, and regulations. (b) Trench Safety Requirement - As required by California Labor Code, Section 6705 and in addition thereto, for any excavation of any trench or trenches five (5) feet or more in depth, the Contractor shall submit to the Engineer for review, 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 trench or trenches. Structural calculations prepared, stamped and signed by a Registered Engineer licensed to practice in the State of California shall accompany the plan to verify the structural safety and adequacy of the sheeting, shoring and bracing to be used on the project. No such plan shall allow any shoring, sloping or a protection system less effective than that required by the Construction Safety Orders of the State Division of Occupational Safety and Health.
The maximum length of open trench shall be three-hundred (300) feet or the distance that pipe can be installed in a single day as determined by the Engineer. Trenches shall be backfilled and covered with two (2) inches of cutback (in paved areas) or bridged with tack-welded steel plates at the end of each workday. Cutback shall be placed around plate edges to provide a smooth transition and to secure against displacement.
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As soon as possible under the provisions of these specifications, the Contractor shall backfill all excavations and restore to usefulness all improvements that existed prior to the start of construction.
(c) Confined Space Entry Program (CSEP) - Entry into permit-required confined spaces as defined in Section 5157, Title 8, California Code of Regulations (CCR) may be required as a part of the work. All manholes, tanks, vaults, pipelines, excavations, or other enclosed or partially enclosed spaces shall be considered permit-required confined spaces until the pre- entry procedures demonstrate otherwise. The Contractor shall be responsible for implementing, administering, and maintaining a confined space entry program (CSEP) in accordance with Sections 5156, 5157, 5158, Title 8, CCR and shall implement such a program prior to performing any work in a permit-required confined space. A copy of the permit shall be available at all times for review by the Contractor and City personnel at the work site.
Prior to starting work, the Contractor shall prepare and submit its comprehensive CSEP to the Engineer. The CSEP shall address all potential physical and environmental hazards and contain procedures for safe entry into confined spaces, including, but not limited to the following:
1. Training of personnel
2. Purging and cleaning the space of materials and residue
3. Potential isolation and control of energy and material inflow
4. Controlled access to the space
5. Atmospheric testing of the space
6. Ventilation of the space
7. Special hazards consideration
8. Personal protective equipment
9. Rescue plan provisions
The Contractors CSEP submittal shall also include the names of the Contractors and Subcontractors personnel assigned to the project who will have CSEP responsibilities, their CSEP training, their specific assignment and their responsibilities in carrying out the CSEP.
Payment for implementing, administering, and providing all equipment and personnel associated with the CSEP shall be included in the bid items for which the CSEP is required and no additional compensation will be made.
(d) Hazardous Conditions: Contractors Responsibility for Precautions - Contractor agrees that if, during the progress of the work, a hazardous condition is identified which involves a risk of bodily harm to any person or a risk of damage to any property, the Contractor will take such special precautions as shall be necessary to make the progress of the work safe under such condition. Conditions may result from, but are not limited to, the use of specified materials or equipment, the location of the work, the condition of the site, the kind or method of construction, or the manner in which any of the work is required to be done. The Contractor agrees to assume the sole responsibility for determining whether any such hazardous condition exists or will be created during the course of the work. (e) Use of Explosives Explosives may be used only when authorized in writing by the Engineer, or as otherwise stated in the Specifications. Explosives shall be handled, used, and stored in accordance with all applicable regulations. No explosive material shall be transported to, stored or utilized on the site without written permission of Engineer. All blasting work and handling of explosives on the site shall be done only by qualified persons who possess a valid permit. The Engineers approval of the use of explosives shall not relieve the Contractor from liability for claims caused by blasting operations.
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(f) Special Hazardous Substances and Process Materials that contain hazardous substances or mixtures may be required on the work. A Material Safety Data Sheet as described in California Code of Regulations, Section 5194 shall be requested by the Contractor from the manufacturer of any hazardous products used and submitted to the Engineer.
Hazardous material usage shall be accomplished with strict adherence to California Division of Industrial Safety requirements and all manufacturer warnings and application instructions listed on the Material Safety Data Sheet and on the product container label. The Contractor shall notify the Engineer if a specified product cannot be used under safe conditions.
9.22 Patent Fees or Royalties -
All fees, royalties or claims for any patented invention, article or method that may be used upon or in any manner connected with the work under this contract shall be included in the price bid for the work and the contractor and his sureties shall protect and hold the City, together with all the City's officers, agents, servants and employees, harmless against any and all demands made for such fees or claims brought or made by the holder of any invention or patent and, before the final payment is made on account of this contract, contractor shall, if requested by the Engineer, furnish acceptable proof of a proper release from all such fees or claims.
Should the contractor, his agents, servants or employees, or any of them, be enjoined from furnishing or using any invention, article, material or appliance supplied or required to be supplied or used under this contract, the contractor shall promptly substitute other articles, materials or appliances, in lieu thereof, of equal efficiency, quality, finish, suitability and market value and satisfactory in all respects to the Engineer. Or, in the event that the Engineers elects in lieu of such substitution to have supplies and to retain and use any such invention, article, material or appliance as may be required by the contract to be supplied in that event, the contractor shall pay such royalties and secure such valid licenses as may be requisite and necessary for the City, the City's officers, agents, servants and employees, or any of them to use such invention, article, material or appliance without being disturbed or in any way interfered with by any proceeding in law or equity on account thereof. Should the contractor neglect or refuse to make the substitution promptly, or to pay such royalties and secure such licenses as may be necessary, then, in that event, the Engineer shall have the right to make such substitution or the City may pay such royalties and secure such licenses and charge the cost thereof against any monies due the contractor from the City or recover the amount thereof from him and his sureties notwithstanding final payment under this contract may have been made.
9.23 Advertising - The names of the Contractor or Subcontractors, with their addresses and the designation of their particular specialties, may be displayed at the job site on removable signs only if written approval is received from the Engineer. Commercial advertising material shall not be attached to, or painted on the surfaces of, any buildings, fences, canopies, or barricades.
9.24 Antitrust Claims Attention is directed to Public Contract Code, Section 7103.5 which provides: In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the Contractor or Subcontractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.
Sec 15) or the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or subcontract. The assignment shall be made and become effective at the time the City tenders final payment to the Contractor, without further acknowledgement by the parties.
9.25 Audit and Examination of Records The City and entities and agencies designated by the City, shall have access to, and the right to audit and examine at no additional cost, all of the Contractors project related data including but not limited to, books, estimates, records, contracts, bid cost data, Subcontractor and supplier job cost data, change orders, correspondence, instructions, drawings, receipts, vouchers, purchase orders, notes, computations, daily logs, and memoranda relating to the work. Pursuant to Government Code, Section 8546.7, the Contractor shall preserve all such records and
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will be subject to examination and audit by the State Auditor, at the request of the City, for a period of three (3) years after final payment under the Agreement.
9.26 Notice of Entrance - Before entering any private property the contractor shall give the owner, tenant and inspector a minimum of forty-eight (48) hours written notice.
9.27 Additional and Emergency Protection - Wherever, in the opinion of the Engineer, the contractor has not taken sufficient precautions for the safety of the public or the protection of the works to be constructed under this contract, or of adjacent structures or property which may be injured by processes of construction on account of such neglect, and whenever, in the opinion of the Engineer, an emergency shall arise and immediate actions shall be considered necessary in order to protect personal and property interest, whether public or private, then and in that event, the Engineer, with or without notice to the contractor, may provide suitable protection to the said interests by causing such work to be done and such material to be furnished as shall provide such protection as the Engineer may consider necessary and adequate.
The cost and expense of such work and material so furnished shall be borne by the contractor and if the same shall not be paid on presentation of the bills therefore, then such costs shall be deducted from any amounts due or to become due the contractor. The performance of such emergency work under the direction of the Engineer shall in no way relieve the contractor from any damages which may occur during or after precaution has been taken by the Engineer.
9.28 Placing Portions of Work in Service - Portions of the work may be placed in service as completed if desired by the City. Contractor shall give proper access to the work for this purpose. Such use and operation shall not constitute an acceptance of the work and the work, and the contractor shall be liable for
defects due to faulty construction until the entire work under the contract is finally accepted.
9.29 Rights-of-Way - The City will provide all rights-of-way and easements in or beneath which pipes and other structures will be constructed by the contractor under this contract. If through the failure of the City to acquire or clear title to rights-of-way, the contractor sustains loss which could not have been avoided by the judicious handling of forces and plant, there shall be paid to the contractor such amount as the Engineer may find to be a fair and reasonable compensation for such part of the contractor's actual loss as the Engineer deems unavoidable. Actual loss shall be understood to include no items other than necessary payments, idle time of men, idle time of equipment, cost of extra moving of equipment, and cost of longer hauls, with no allowance in any case for overhead or profit. If performance of the contractor's work is delayed as a result of the failure of the City to acquire or clear title to rights-of-way, a commensurate extension of time will be granted.
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SECTION 10 - MEASUREMENT AND PAYMENT
10.01 Measurement of Quantities for Unit Price Work - Materials and items of work which are to be paid for on the basis of measurement shall be measured in accordance with the methods stipulated in the particular sections of the Contract Documents involved . Unless specifically stated otherwise in this contract, no extra measurement(s) according to local custom of any kind shall be allowed in measuring the work under this contract; only the length, area, solid contents, number, weight, or time in standard units, as the case may be, shall be considered as specified.
Unless otherwise specified, quantities of work shall be determined from measurements or dimensions in the horizontal planes. Stationing shall be along the street centerline, lengths of sanitary sewers, storm drains and water lines shall be measured as the horizontal distances from center to center of structures, rounded to the nearest foot, and lengths of all return radii and curb data shall be measured along the face of curb. Volumetric quantities shall be the product of the mean area of vertical or horizontal sections and the intervening horizontal or vertical dimensions. Measurements shall be in accordance with U.S. Standard Measures. A pound is an avoirdupois pound. A ton is two-thousand (2,000) pounds avoirdupois. The unit of liquid measure is the U.S. gallon.
When payment is to be made on the basis of weight, the weighing shall be done on certified platform scales or, when approved by the Engineer, on a completely automated weighing and recording system. The Contractor shall submit to the Engineer with duplicate licensed Weighmasters certificates showing the actual net weights. The City will accept the certificates as evidence of the weights delivered.
10.02 Bid Items - Should any bid item be eliminated in its entirety, payment will be made to the Contractor for actual costs incurred, in connection with such eliminated contract work, and for costs incurred prior to the date of the Engineers written notification eliminating such work. The actual costs to be paid to the Contractor shall be computed in the same manner as if the work were to be paid on a force account basis. No compensation will be made to the Contractor, in any case, for loss of anticipated profits. Increased or decreased scope involving a change order will be paid as stipulated in the change order.
The estimated value of work performed, for lump sum bids or lump sum bid items will be determined from the schedule of values, to be prepared by the Contractor and presented at the preconstruction meeting.
Elements of work on the schedule of values shall be separated into groupings appropriate for the project. The Technical Specifications may be used as a guide for establishing these groupings. Move-in costs, bond and insurance costs, and submittal preparation costs can be included in the schedule of values under a separate mobilization line item. This line item shall not exceed five-percent (5%) of the contracts value. Overhead and profit shall not be allowed as a line item, but shall be prorated over other items of work.
10.03 Bid Quantities - The quantities listed in the Bid Schedule for each bid item do not govern final payment. Payments to the Contractor will be made only for the actual quantities of contract items constructed in accordance with the plans and specifications. If upon completion of the construction, the actual quantities show either an increase or decrease from the quantities given in the bid schedule, the contract unit prices will still prevail.
Payment will not be made for materials wasted or disposed of in a manner not called for under the contract. This includes rejected material not unloaded from vehicles, material rejected after it has been placed and material placed outside of the plan lines. Unless otherwise provided, no payment will be made for materials delivered to the site but not incorporated in the work. Such quantities will not be included in the final pay quantities. No compensation will be allowed for the disposal of rejected or excess material.
When a bid item is noted as Revocable in the Bid Schedule, it may be deleted in its entirely or in part, or added to at the sole discretion of the City. The 25% Rule described in Seciton 5.08 (b)(1), Unit Price Adjustments shall not apply to revocable bid items. Furthermore, due to the potential for large
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descrepancies between the estimated quantity and actual quantity of work, any reference within the specifications to work scope that does not have a corresponding bid item and is to be paid as part of other items of work shall not be included for payment as part of a revocable bid item.
When the estimated quantity for a specific portion of work is designated on the Bid Schedule as a Final Pay Quantity, the estimated quantity specified shall be the final quantity for which payment for such specified portion of the work will be made, regardless of the actual quantity constructed, unless the dimensions of said portions of the work shown on the plans are revised by the Engineer. If such dimensions are revised and such revisions result in an increase or decrease in the quantity of such work, the final quantity for payment will be revised by the amount represented by the change. The estimated quantity for any portion of the work designated as a Final Pay Quantity shall be considered as approximate only and no guarantee is made that the quantity, which can be determined by computations, based upon the details and dimensions shown on the plans, will equal the estimated quantity. No allowance will be made in the event that the quantities based upon computations do not equal the estimated quantities. Final pay quantities will be designated on the Bid Schedule with the letter (F) and shall only apply to the corresponding portions of work specifically designated on the plans.
Any portion of work not designated as a final pay quantity will be measured and paid for as specified under other provisions of the Contract Documents.
10.04 Progress Payments On or about the 25 th day of each month may be designated as the date which would terminate each working month for the purpose of making progress payments.
The Contractor's request for a progress payment shall be submitted under cover of the Request for Progress Payment form approved by the Engineer. The Request for Progress Payment form shall be complete and properly executed by the contractor, and have, as attachments, the items listed on the form.
The Contractor shall, on the date established, prepare and submit a progress estimate to the City for work accomplished during the previous working month, based on the various contract bid items and the unit bid prices. Invoices shall include amounts previously paid, itemized retention and any deductions or additions authorized by change order. Consultation with the Engineer may be necessary to determine the amount of work accomplished.
The first progress payment will not be made until the following submittals have been provided and accepted: list and schedule of submittals, Baseline Construction Schedule, schedule of values (if applicable), SWPPP. Subsequent progress payment requests will not be accepted unless accompanied by the progress payment cover letter, an updated baseline or revised schedule, a certification that the record drawings have been updated as of the date of the invoice.
Upon receipt of a progress payment request, the City shall, within ten (10) working days, determine if the request is proper, and if disputed the City will return the progress payment to the Contractor along with a written document setting forth the progress payment requests shortcomings. Following receipt of an undisputed and properly submitted progress payment request, the City shall authorize payment within thirty (30) calendar days.
Contractor may request partial payment for materials delivered to the site but not yet incorporated into the work (materials on hand). To receive consideration for payment of materials on hand, the Contractor shall provide the Engineer with a list of such materials at least five (5) working days prior to submitting the monthly estimate of amount earned for work completed. At the Engineers sole discretion, up to seventy-five-percent (75%) of the estimated value of materials on hand may be considered for payment, subject to the following:
(a) Only materials which have received favorable review of shop drawings will qualify. (b) Eligible materials must be delivered and properly stored, protected, and maintained in a manner favorably reviewed by the Engineer, at the job site or at a bonded warehouse.
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(c) The Contractor's actual net cost for the materials must be supported by paid invoices to suppliers or other documentation requested by the Engineer. (d) Materials delivered to the site less than thirty (30) days prior to their scheduled incorporation in the work shall not qualify.
(e) Partial payments for materials on hand shall not be deemed to be final payment for the material nor relieve the Contractor of his obligations under the Contract. (f) Partial payments for materials on hand shall be subject to retention.
From each progress estimate, five percent (5%) will be deducted and retained by the City, and the remainder of the amount due, less the amount of all previous payment will be paid to the Contractor provided all work invoiced has been completed and approved by the Engineer.
The Engineer may withhold or nullify, the whole or any part of any payment to such extent as may be necessary to protect the City from loss on account of any of the following:
(a) Defective or vandalized work not remedied,
(b) Damage to the City or another Contractor,
(c) Claims filed, or reasonable evidence indicating probable filing of claims, (d) Stop notices, or failure of the Contractor to make payments properly to subcontractors or laborers or suppliers, in which case 125% of the stop notice amount shall be withheld until a release form is received,
(e) A reasonable doubt that the contract can be completed for the balance unpaid, (f) Reasonable evidence that the work will not be completed within the contract time and that the unpaid balance of the contract sum would not be adequate to cover the Citys liquidated damages assessed in accordance with the Agreement for the anticipated delay, (g) Failure of Contractor to maintain, update and submit record documents, schedules or other submittals as required by the Contract Documents,
(h) Performance of work by Contractor without properly processed shop drawings; (i) Any other failure of Contractor to perform its obligations under the Contract Documents.
The Contractor may elect to receive one hundred percent (100%) of payments due under the contract from time to time, without retention of any portion of the payment by the City, by depositing and maintaining securities of a value equivalent to the retention amount with the City in accordance with the provisions of Public Contract Code, Section 22300. Such securities, if deposited by the Contractor, shall be valued by the Citys Administrative Services Director, whose decision on valuation of the securities shall be final.
Contractor warrants that, upon submittal of an application for payment, all work for which payment has been previously issued by the City and received by the Contractor, shall be free and clear of all claims, stop notices, security interests, and encumbrances in favor of Contractor, Subcontractors, or other persons or firms entitled to make claims by reason of having provided labor, materials, or equipment relating to work.
The payment of progress payments by the City shall not be construed as an absolute acceptance of the work done up to the time of such payments and shall not constitute acceptance of defective work.
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10.05 Retentions - The City shall retain five percent (5%) of the amount of each progress estimate, and the accumulation of said amounts so retained from the progressive payments to the extent unencumbered will be paid to the contractor in no less than thirty-five (35) days after the completion and acceptance by the Engineer and the City of the work done.
Upon contractor's request, City will make payment of funds withheld from progress payments pursuant to the requirements of Code Section 14402 if contractor deposits in escrow with the City, or with a bank acceptable to the City, securities eligible for the investment of State funds under Government Code Section 16430 or bank or savings and loan certificates of deposit, upon the following conditions:
(a) Contractor shall bear the expense of the City and the escrow agent in connection with the escrow deposit made.
(b) Securities or certificates of deposit to be placed in escrow shall be of a value at least equivalent to the amounts of retention to be paid to the contractor pursuant to this section. (c) Contractor shall enter into an escrow agreement satisfactory to the City, which agreement shall include provisions governing inter alia:
1. Amount of securities to be deposited.
1. Providing of powers of attorney or other documents necessary for the transfer of the securities to be deposited.
2. Conversion to cash to provide funds to meet defaults to termination of the contractor's control over the work, stop notices filed pursuant to the law, assessment of liquidated damages or other amounts to be kept or retained under the provisions of the contract.
3. Decrease in value of securities or deposit.
4. Termination of the escrow upon completion of the contract. (d) Contractor shall obtain the written consent of the surety to such agreement.
10.06 Final Payment - The City shall, prior to final acceptance, provide the Contractor with a copy of the final quantities for the various contract bid items and a summary of contract change orders for his review. All prior payments shall be subject to correction in determining the total contract sum. The Contractor shall reply promptly in writing, to indicate either his concurrence or an explanation of possible discrepancies in the total contract sum.
The project will not be submitted to the City Council for acceptance until the Engineer and the Contractor concur with the totals of all quantities, costs, contract change orders and the total contract sum.
Following concurrence, a semi-final payment will be made to the Contractor after deducting all previous payments and all amounts to be retained under the provisions of the contract. The retention payment shall be due and payable as a final payment after the expiration of thirty-five (35) days following the date of final acceptance of the work by the City Council.
If within the time fixed by law, a properly executed notice to stop payment is filed with the City, due to Contractors failure to pay for labor or materials used in the work, all money due for such labor or materials will be withheld from payment to the Contractor in accordance with applicable laws.
If releases are required, the Contractor shall pay or cause to be paid to Subcontractors the amount stated in the conditional releases within five (5) days after receipt of the semi-final payment, and shall promptly thereafter furnish evidence of such payment to the City.
The securities deposited by the Contractor will be released, providing that the following requirements of the contract have been fulfilled:
(a) Satisfactory completion of all construction work and written acceptance of said work by the City;
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(b) The submission by the Contractor to the Engineer of all required stop notice releases, submittals, written guarantees, warranties, operating manuals, and other project related documentation;
(c) The return to the Engineer of all drawings and written specifications loaned to the Contractor during the construction period.
(d) The submission by the Contractor to the Engineer of record documents and a set of red-lined drawings showing the revisions to the original set of drawings which reflect the actual construction of the project for preparation of Record Drawings.
The Contractor agrees that the payment of the final amount due under the contract shall release the City of San Carlos from any and all claims or liability on account of all work performed under the contract, except those items previously made in writing and identified by the Contractor as unsettled. Release of the final payment by the City shall not be construed as an acceptance of any defective work or acceptance of improper materials.
10.07 Acceptance - Contractor shall notify Engineer in writing of the completion of the work, whereupon the Engineer shall promptly satisfy them self by personal inspection as to the actual completion of the work in accordance with the terms of the contract. After receiving a written recommendation from the Engineer for acceptance of the work, City shall accept or reject the work; stating, if the work is rejected, the requisite conditions for acceptance. When the City accepts the work, they shall file a Notice of Completion with the County Recorder in the county where the work is located and shall promptly notify the contractor in writing of the recordation. Contractor warrants and guarantees that title to all work, materials and equipment accepted by the City will pass to the City free and clear of all liens, claims, security interests or encumbrances, and that no work, materials or equipment accepted will have been acquired by the contractor, or by any other person performing the work at the site or furnishing materials or equipment for the project, subject to an agreement under which an interest therein or encumbrances thereon is retained by the seller or otherwise imposed by contractor of such other person.
10.08 Compensation for Extra or Omitted Work Compensation for extra or omitted work shall be in accordance with Section 5.08, Change Orders.
10.09 Compensation to City for Extension of Time - In case the work called for under this contract is not completed within the time limit stipulated herein, the City shall have the right, as provided hereinabove, to extend the time of completion thereof. If the time limit so be extended, the City shall have the right to charge to the contractor and to deduct from the final payment for the work the actual cost to the City of engineering, inspection, administration, legal and other overhead expenses which are directly chargeable to the extension of time. The cost of final surveys and preparation of the final estimate shall not be included in such charges.
10.10 Liquidated Damages for Delay - It is agreed by the parties to the contract that time is of the essence and that in case all the work is not completed before or upon the expiration of the time limit as set forth, damage will be sustained by the City, and that it is and will be impractical to determine the actual amount of damage by reason of such delay, and it is, therefore, agreed that the contractor will pay to the City the amount specified in special provisions of the contract per day for each and every calendar day delay beyond the time prescribed.
In addition, the City shall have the right to charge to the contractor and to deduct from the final payment for the work the actual cost to the City of engineering, inspection, administration and other overhead expenses which are directly chargeable to the contract and which accrue during the period of such delay, except that the cost of final surveys and preparation of the final estimate shall not be included in such charges.
10.11 Claims - The term Claim shall mean a written demand or assertion by the Contractor seeking, as a matter of asserted right, adjustment in the terms of the Contract Documents, payment of money, extension of time, or other relief with respect to the Contract Documents, or determination of other disputes or matters in question between the City and Contractor arising out of or related to the Contract Documents or the performance of the work, including claims alleging an error or omission.
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A claim must be stated with specificity, including identification of the event giving rise to claim, the date of the event, and the asserted effect on contract sum and contract time. The claim shall include adequate supporting data. Adequate supporting data for a claim for an adjustment of the contract time shall include scheduling data demonstrating the impact of the event on the completion of the work. Adequate supporting data for a claim for an adjustment of the contract sum shall include a detailed cost breakdown of the items allowed, isolating labor, material, and equipment costs, and providing detailed quantities and unit prices for changed work. If the exact amount of a claim is not ascertainable at the time such claim is made, the supporting data currently available shall be submitted. Supplemental data supporting the exact amount of the claim shall be submitted as soon as available.
Notwithstanding the making of any claim or the existence of any dispute regarding any claim, unless otherwise directed by the Engineer, the Contractor shall not cause any delay, cessation, or termination in the performance of the work, including portions of the work pertaining to a claim.
10.12 Time Limit on Claims - Contractor shall submit any and all claims, together with adequate supporting data to the Engineer as soon as possible but not later than ten (10) working days after occurrence of the event giving rise to the claim, or the date the Contractor first recognized, or reasonably should have recognized, the condition giving rise to the claim, whichever is earlier. Contractor hereby expressly waives all claims not made within this time limit.
Contractor is expressly barred from asserting any claims of which the Contractor was aware, whether or not the exact amount of such claims was ascertainable, that is not submitted to the Engineer prior to the Contractor proceeding with the work.
10.13 City Response to Claims - The Engineer shall promptly review claims. If additional supporting data is deemed necessary, the Engineer shall request such additional data within ten (10) working days after receipt of the claim. The Contractor shall furnish such additional data no later than ten (10) working days after receipt of the Citys request. The Engineer shall render a decision promptly, but in any event, within thirty (30) working days after the receipt of the claim or the receipt of additional supporting data. If the amount of the claim is in excess of $50,000, the aforesaid thirty (30) working day period shall be sixty (60) working days. Failure of the Engineer to render a decision within the aforesaid thirty (30) or sixty (60) working day period shall be deemed a decision denying the claim and the last day of such period shall be the date of such decision. The decision of the Engineer shall be final and binding unless appealed in accordance with the General Provisions, Section 10.15, Appeal of the Engineers Decision.
10.14 Appeal of Engineers Decision - If Contractor disputes the Engineers decision of a claim, the Contractor shall, within thirty (30) calendar days of the decision, make a written appeal of the decision to the Engineer. The written appeal shall include all supporting data upon which the Contractor requests the City to modify its decision, including all documentation transmitted between the Contractor and the Engineer on the underlying claim. The Engineer shall make a good faith effort to resolve the claim prior to final completion of the Project. In the event the claim is not resolved prior to final completion, the Contractors claim shall be heard by the Director of Public Works prior to recommending final acceptance to the City Council. The Contractors administrative remedies under the Contract Documents shall be exhausted after the decision of the Director of Public Works is rendered. In case of disagreement with the decision of the Director of Public Works, the Contractor may pursue the resolution of the dispute by presenting a formal claim to the City.
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SECTION 11 - GUARANTY
11.01 Contractors Guaranty - Prior to final acceptance, the Contractor shall warrant and guaranty to the City that all work is in accordance with the Contract Documents and is not defective.
The guaranty shall be accompanied by a warranty bond for ten percent (10%) of the final contract sum, which shall warrant the quality of the work for a period of two (2) years after acceptance. The guaranty and warranty bond shall be in accordance with the Agreement Forms furnished in the Contract Documents.
11.02 Correction of Defective Work During the Guaranty Period - If within two (2) years after the date of City Council acceptance, or such longer period of time as may be prescribed by laws or regulations or by the terms of any applicable special guaranty required by the Contract Documents, any work is found to be defective, the Contractor shall promptly without cost to the City and in accordance with the Citys written instructions, either correct such defective work or if it has been rejected by the City, remove it from the site and replace it with non- defective work.
If the Contractor does not promptly comply with the terms of such instructions within ten (10) working days after written demand by the City, the City may have the defective work corrected. The City may also correct defective work immediately in cases of emergency where delay would cause serious risk of loss or damage. All direct, indirect and consequential costs of correcting defective work (including but not limited to fees and charges of engineers, architects, attorneys and other professionals) shall be absorbed by the Contractor.
The Contractor shall remove from the Project site portions of the work and materials which are not in accordance with the Contract Documents and which are neither corrected by the Contractor nor accepted by the City. If Contractor fails to pay the costs of such removal within ten (10) working days after written demand, the City may, without prejudice to other remedies, sell such materials at auction or at private sale, or otherwise dispose of such material. The Contractor shall be entitled to the proceeds of such sale, if any, in excess of the costs and damages for which the Contractor is liable to the City, including reasonable attorneys fees and expenses and compensation for the Citys services and expenses.
The City shall have the option, at its sole discretion and by notice to the Contractor, to accept defective work as defined in Section 4.18 Acceptance of Defective Work.
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SPECIAL PROVISIONS
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TABLE OF CONTENTS
1. DESCRIPTION OF WORK ...............................................................................................................5
2. LOCATION........................................................................................................................................5
3. QUALIFICATION OF BIDDERS........................................................................................................5
4. DAYS & HOURS OF OPERATION...................................................................................................5
5. CONTROL OF WORK ......................................................................................................................5
6. STAGING AREA ...............................................................................................................................6
7. FURNISHED MATERIALS................................................................................................................6
8. NOISE CONTROL ............................................................................................................................6
9. PROTECTION OF TREES ...............................................................................................................6
10. TIME OF COMPLETION AND LIQUIDATED DAMAGES ................................................................6
11. LICENSES AND PERMITS...............................................................................................................7
12. NO PARKING SIGNS.....................................................................................................................7
13. SAFETY AND HEALTH REGULATIONS .........................................................................................7
14. SAFETY OF PERSONS AND PROPERTY ......................................................................................8
15. PROTECTION OF EXISTING INSTALLATIONS..............................................................................8
16. CONTRACTORS PLANT AND EQUIPMENT..................................................................................9
17. WATER .............................................................................................................................................9
18. POWER ............................................................................................................................................9
19. DUST CONTROL..............................................................................................................................9
20. CLEANUP .........................................................................................................................................9
21. CONSTRUCTION AND DEMOLITION DEBRIS.............................................................................10
22. CLEARING AND GRUBBING.........................................................................................................10
23. HAUL ROUTES HOLLY STREET EAST OF EL CAMINO REAL PROHIBITED.........................11
24. ARRANGEMENTS FOR TEMPORARY CONSTRUCTION FACILITIES .......................................11
25. PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS.......................................11
26. EXISTING UTILITIES .....................................................................................................................12
27. UTILITY COORDINATION..............................................................................................................12
28. OBSTRUCTIONS ...........................................................................................................................13
29. OWNER / CONTRACTOR MEETINGS ..........................................................................................13
30. NOTIFICATION OF RESIDENTS AND MERCHANTS:..................................................................14
31. STORM WATER POLLUTION PREVENTION ...............................................................................14
32. TRAFFIC CONTROL ......................................................................................................................15
33. CONSTRUCTION SCHEDULE ......................................................................................................17
34. STREET SWEEPING .....................................................................................................................17
35. PROTECTION OF PUBLIC SAFETY .............................................................................................17
36. DAILY WORK REPORTS ...............................................................................................................17
37. SUBMITTALS .................................................................................................................................18
38. RECORD DRAWINGS....................................................................................................................18
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SPECIAL PROVISIONS
These Special Provisions contain project specific requirements pertaining to the work, and as such, shall take precedence over the General Conditions portions of these Specifications. All costs associated with satisfying the requirements in these Special Provisions shall be included in the Contractors bid price and no additional compensation shall be made.
1. DESCRIPTION OF WORK
In general, the Contractor shall furnish all labor, materials, equipment and services necessary to complete the project as further described in the Instructions to Bidders of these Specifications.
2. LOCATION
Work to be done under this contract is at various locations in the City of San Carlos.
3. QUALIFICATION OF BIDDERS
The Contractor must have successfully completed three (3) sidewalk repair projects totaling a minimum of Two Hundred Thousand Dollars ($200,000) for each project within the last four (4) years.
4. DAYS & HOURS OF OPERATION
The hours of operation shall be limited to the hours between 8:00 a.m. and 4:00 p.m. With the exception for work on San Carlos Avenue, Brittan Avenue, Holly Avenue, Alameda de las Pulgas, and Industrial Road, which shall be between 9:00 a.m. and 3:00 p.m.
Activities outside of those hours shall not generat e objectionable noise, dust, or inconvenience to the public. Regular working days are from Monday through Friday except City legal holidays unless exception is granted by the City Engineer.
Exceptions may be made, at the Engineers discretion, to allow work at other times and on other days if required for the Contractors operations. In such cases, the Contractor shall have an alternate work schedule reviewed and authorized by the Engineer prior to commencement of work.
5. CONTROL OF WORK
The Contractor shall as the first order of work is to prepare and submit a construction schedule for City review.
Additionally, prepare a notification letter for two (2) week and seventy-two (72) hour notification to all residents and businesses.
The Contractor shall use only chalk-based marking paint for all construction information painted on the street, sidewalks, or any other visible surface.
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6. STAGING AREA
The City has not designated a staging area for this project. Should a staging area be desired, the Contractor shall be responsible for securing such an area along with any and all permits and permissions that may be necessary from the City and/or private property owners. Proof of concurrence shall be provided to the City upon request. Any fencing or other protective means (if required or employed by the Contractor) shall be at the contractors expense.
7. FURNISHED MATERIALS
No materials will be provided by the City for installation by the Contractor.
8. NOISE CONTROL
The Contractor shall submit documentation showing that the construction equipment is equipped with the manufacturers standard noise control equipment, or with an equally effective replacement that meets the manufacturers specifications.
Construction equipment and vehicles that require back-up alarms will be equipped with ambient-sensitive backup alarms. The use of jake brakes is prohibited and gasoline- powered construction equipment must be equipped with an operating muffler of baffle system.
9. PROTECTION OF TREES
The Contractor shall protect all existing trees at their drip lines, as shown on the Contract Documents. Temporary chain-link fencing or plastic construction fence are acceptable as protective barriers for tree protection purposes. Fencing shall be a minimum of five (5) feet high. Tree protection shall remain in place until all construction is complete. The City reserves the right to issue a stop-work notice if the tree protection devices are not installed or if the devices are not maintained.
No excavations within the tree protection area are allowed unless approved by the City and under the supervision of a licensed arborist. Any filling within the tree protection area shall be done in accordance with a detailed improvement plan approved by the City. No trimming, cutting or pruning of designated trees or roots can occur without approval by the City and supervision of a licensed arborist.
No storage of materials, disposal of paints, solvents or other noxious materials, operation of equipment, parked cars, unnecessary trenching, grading or compaction shall be allowed within the drip line of any trees.
10. TIME OF COMPLETION AND LIQUIDATED DAMAGES
The Time of Completion and Liquidated Damages shall be as described in the Instructions to Bidders.
11. LICENSES AND PERMITS
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Special Provisions 2024 Citywide Sidewalk Repair Project Page SP-7 Project No. C9465 The Contractor and all subcontractors shall obtain a business license from the City of San Carlos and shall hold current licenses for the craft that the business is contracting for as required by Federal, State and Local laws.
The Contractor shall apply for any required permits, including encroachment and tree removal permits from the applicable agencies (with copies of the form and application submitted to the Engineer) within thirty (30) calendar days after the issuance of the Award of Contract Notification Letter and prior to beginning work in the affected areas.
The Contractor shall submit copies of the permits, once issued, to the Engineer. No additional time schedule will be granted to the Contractor for any delays resulting from the processing of these permits.
If the construction work will require any street trees to be removed, Contractor shall obtain a Street Tree Permit from the City of San Carlos Department of Planning. Applications for Street Tree Permits are available by calling the Department of Planning at (650) 802- 4263. It is the Contractors responsibility to obtain fee information updates by calling the City Department of Planning.
A City of San Carlos Hazardous Materials Storage System Permit may be required for various construction activities. The Contractor is responsible for verifying to the requirements and fee schedule for storage of diesel fuel and/or hazardous materials by contacting the San Carlos Fire Department at (650) 802-4300 . It is the Contractors responsibility to follow any additional requirements as required by the 2016 California Fire Code.
12. NO PARKING SIGNS
The City will provide NO PARKING signs and the Contractor shall arrange for the pick- up of these signs a minimum seven (7) days prior to posting.
13. SAFETY AND HEALTH REGULATIONS
The Contractor shall comply with all applicable occupational safety and health standards, rules, regulations and orders established by Federal and State Agencies.
Specific attention is directed also to OSHA safety rules, regulations and precautions to be taken by the Contractor before entering sanitary se wer manholes, and other sanitation structures with respect to physical and chemical hazards that may be present.
The area of work shall at all times be protected by means of an adequate number of cones, barricades, flags or whatever means is necessary to properly and safely protect both vehicular and pedestrian traffic.
Any condition deemed to be an unsafe condition shal l be immediately corrected by the Contractor. The failure of the City or its represe ntatives to bring a potentially dangerous situation to the Contractor's attention shall not relieve the Contractor from his responsibility for providing a safe work area.
Prior to opening a manhole cover, a gas monitor will be used check the atmosphere of that structure for oxygen level and presence of explosive, flammable, or toxic gases. Gas levels
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Special Provisions 2024 Citywide Sidewalk Repair Project Page SP-8 Project No. C9465 (O2, H2S, CO, LEL) will be recorded on a log sheet. If unsafe levels are recorded, Contractor shall attempt to ventilate the manhole for a period of up to about 15 minutes and then recheck gas levels. If unsafe levels still re main, Contractor shall notify the City.
Contractor will not perform any field work in a man hole in which unsafe gas levels are recorded.
Should a confined space entry be required to retrieve equipment or for any other reason, the Contractor shall follow OSHA Confined Space Entry Requirements.
14. SAFETY OF PERSONS AND PROPERTY
The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damages, injury or loss to:All employees, City personnel, residents on the project, and all others who may be affected thereby;
1. All the work and all materials and equipment to be incorporated therein, whether in storage on or off the site, under the care, custody or control of the Contractor or any of the Contractors subcontractors; and
2. The work of the City or other contractors.
The Contractor shall give all notices and comply with all applicable laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the safety of persons or property or their protection from damage, injury or loss.
The Contractor shall erect and maintain, as required by existing conditions and the progress of the work, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations, and notifying owners and users of adjacent utilities.
The Contractor shall designate a Site Safety and Health Officer who is a responsible member of the Contractors organization and whose duty shall be the prevention of accidents. The Contractor shall submit the name of the Site Safety and Health Officer to the Engineer in writing. The Site Safety and Health Officer shall be responsible for preparation of a Health and Safety Plan.
The Health and Safety Plan shall detail the Contractors safety committee(s), safety rules, safety training, enforcement procedures, incentives , accident procedures and investigations, inspections, safety equipment and maintenance, hazardous materials (i.e. asbestos pipe) handling procedures, emergency action plan(s), alcohol and drug policies, confined space entry procedures, certification program and emergency retr ieval procedures, 911 and emergency rescue services within jurisdiction of the work area, health providers and hospital emergency near the work site.
15. PROTECTION OF EXISTING INSTALLATIONS
The Contractor is advised that when a portion of work will occur within a public easement located on privately owned property, where applicable, all work shall be confined to areas within easements. The Contractor will be required to correct or replace without delay any and all damage to existing landscaping structures a nd equipment resulting from his operation at no extra cost to the City.
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16. CONTRACTORS PLANT AND EQUIPMENT
The Contractor shall at all times be responsible for the security of his plant and equipment.
The City will not take any responsibility for missing or damaged equipment, tools or personal belongings.
17. WATER
Water for use during construction shall be furnished by the Contractor and all costs incurred including the water use, meter charges, meter/backflow preventer deposit, vehicles and containers needed in transporting water to the job site shall be paid by the Contractor. The Contractors attention is directed to Section 9.11 of the General Provisions for additional information.
18. POWER
All power for and in connection with work to be done under this contract shall be furnished and maintained by Contractor. The Contractors attention is directed to Section 9.12(h) of the General Provisions for additional information.
19. DUST CONTROL
The Contractor shall furnish all labor, equipment and means required and shall carry out effective measures wherever and as often as necessary to prevent its operation from producing dust in amounts damaging to property or causing nuisance as defined by the Engineer.
The Contractor shall be responsible for any damage resulting from any dust originating from its operations.
The dust abatement measures shall be continued until the Contractor is relieved of further responsibility by the Engineer.
The use of water shall not be permitted as a substitute for sweeping or other methods of dust control. Only dry sweeping is allowed.
Contractor shall sweep daily. The work area shall be left in a neat and presentable condition at the end of each workday.
20. CLEANUP
Through all phases of construction, including suspension of work and until final acceptance of the project, the Contractor shall keep the worksite and other areas used by it in a neat and clean condition, and free from any accumulation of rubbish and debris.
Contractor shall properly dispose of all excess earth, concrete, AC and debris off job site and clean up the work area at the end of each workday. The work area shall be left in a neat and presentable condition.
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Special Provisions 2024 Citywide Sidewalk Repair Project Page SP-10 Project No. C9465 The Contractor shall keep its haul roads free from dirt, rubbish, and unnecessary obstructions resulting from its operations. Care shall be taken to prevent spillage on haul routes. Contractor shall obtain all required truck route permits. Any such spillage shall be removed immediately and the area cleaned by the Contractor.
Disposal of all rubbish and surplus materials shall be off the site of construction, at the Contractors expense, all in accordance with local codes and ordinances governing locations and methods of disposal, and in conformance with all applicable safety laws, and the requirements of the OSHA Safety and Health Standards for Construction.
The Contractor is advised that the disposal of solid waste, sewage, industrial waste, or other polluted waters into the public storm drain system is prohibited. Any fines or penalties levied against the City or Contractor for illicit discharges to the storm drain system as a result of the Contractors operation are the sole responsibility of the Contractor.
If the Contractor exceeds the number of days assigned to this contract, the Contractor shall continue to clean the area. When street cleaning is not performed to the satisfaction of the Engineer, the Engineer may have the area cleaned by City crews, and any incurred costs shall be deducted from the Contractors progress payments.
21. CONSTRUCTION AND DEMOLITION DEBRIS
The City has an ordinance requiring that debris from construction and demolition activities be reused, recycled and/or salvaged so that it doesnt end up in a landfill. The Contractor shall provide sufficient evidence (weight tickets or other documents) to verify that some of debris is being recycled, reused and/or salvaged to the satisfaction of the Engineer.
22. CLEARING AND GRUBBING
The work shall include, but is not limited to, removal of the following: PCC sidewalk and all other existing obstructions so designated on the plans, or as required by the Engineer or the Standard Specifications. The Contractor shall remove PCC sidewalk to the limits as shown on the plans, or as directed by the Engineer, by sawcutting. Any and all pavement damaged by the Contractor shall also be saw-cut and removed as directed by the Engineer. Slurry from sawcutting shall be cleaned up by wet/dry shop vacuum.
All cleared and grubbed materials shall be hauled off and disposed outside of the right- of-way at a suitable location and in a lawful manner by the Contractor.
Unless shown on the plans, no trees shall be removed. Trees, limbs, and roots within the project area which interfere with the Contractor's operations may be trimmed, with authorization from the Engineer. Tree trimming shall only be performed by a qualified arborist or tree surgeon. Prior to any trimming being performed, the Contractor shall submit to the Engineer, for review, the qualifications of the proposed arborist or tree surgeon. Any tree roots one inch or greater in diameter which have to be removed or are damaged during construction operations shall be sawcut evenly and shall be treated with a heavy coat of commercially available water base asphalt emulsion sealing compound.
If roots are to be left exposed for an extended period of time, all roots shall be covered immediately with two (2) layers of burlap or equivalent material and soaked regularly with water to ensure that all roots are kept moist for the duration of exposure. No tree shall be trimmed or removed without a permit from the Planning Department.
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23. HAUL ROUTES HOLLY STREET EAST OF EL CAMINO REAL PROHIBITED The section of Holly Street between Old County Road and Industrial Road is politically sensitive as a residential area and is NOT TO BE USED as a Haul Route. Contractor shall therefore direct trucks not to use the Holly 101 Interchange when heading to and from the site. Trucks shall use Ralston Avenue or Brittan Avenue for freeway access.
24. ARRANGEMENTS FOR TEMPORARY CONSTRUCTION FACILITIES
The Contractor shall be responsible for the allocation of space for temporary field offices and structures (if necessary) furnished by itself or its subcontractors; monitoring the use of temporary utilities; verification that adequate services are available to comply with requirements for work and climatic conditions; and the administration of traffic and parking controls.
The Contractor is advised that there may be insufficient area within the construction zone to provide parking, staging for material and storage of equipment. Coordinate locations for any off-site parking, staging and storage locations with the City during the pre-construction conference.
25. PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS The Contractor shall submit video DVDs of the job site to the Engineer, for review, prior to the start of construction, for the purpose of providing a record of existing conditions. Only DVD format and new DVDs shall be used. Each DVD shall be labeled and dated appropriately. The DVD shall provide a view encompassing the entire project area, for all construction activities including at a minimum, the proposed excavation areas and contractors staging area, with sufficient clarity and scope to the satisfaction of the Engineer. The Contractor shall submit these DVD with a written log noting any existing defects or irregularities in the existing pavement. The log shall also state the location (by station), date, and time the DVDs were made. Upon receipt by the Engineer, the DVDs shall become the property of the City.
If the Contractor plans to drive sheeting, the Contractor shall video inspect nearby structures prior to driving the sheeting. This video inspection shall be included in the site DVDs above, and shall be accompanied by a similar log which notes street address and existing defects or irregularities.
The Contractor shall be responsible for the protection of public and private property adjacent to the Work and shall exercise due caution to avoid damage to such property.
The Contractor shall repair or replace all existing improvements which are not designated for removal (e.g., street sections, curbs, gutters, driveways, fences, wa lls, structures, landscaping, etc.) which are damaged or removed as a result of its operations. Repairs and replacements shall be at least equal to existing improvements, and shall match them in finish and dimensions.
Any damages to the private properties will be restored to the satisfaction of the property owners/Engineer within seven (7) days of the damage(s).
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Special Provisions 2024 Citywide Sidewalk Repair Project Page SP-12 Project No. C9465 Damages within the public right of way will be restored to the satisfaction of the Engineer after work on that particular block is completed.
26. EXISTING UTILITIES
The Contractor shall notify Underground Service Alert (U.S.A) at 1-800-642-2444 for field location of all utilities 48 hours prior to any excavation. In addition, the Contractor shall contact the Railroad Call Before You Dig (CBUD) at 1-800-336-9193 for field location of utilities when work is within the railroad tracks a minimum of forty-eight (48) hours prior to any work.
The Contractor shall be responsible for verifying the presence of utilities within the limits of work, as well as any changes in the limits that are made to accommodate the project, protecting all utilities including but not limited to traffic signal conductors, signal interconnect communication, and fiber optic cables that may be affected by construction activities (e.g., clearing and grubbing, excavation, trenching, etc.), and notifying the Engineer in writing of any conflicts prior to beginning any excavation.
The Contractor shall pothole to verify the location and/or elevation of existing utilities as marked by Underground Service Alert (U.S.A.) within the limits of work. The Contractor shall work with utility companies and inspectors to protect existing utility lines. The Contractor shall notify the Engineer three (3) working days in advance of the potholing operation. Once the utilities are exposed, the excavation shall not be backfilled until the Engineer has inspected and taken measurements of the utilities.
Unless otherwise indicated on the plans, a pothole shall have a maximum length of six (6) feet, maximum depth as indicated on the plans or as directed by the Engineer, and the width dimension shall be as required by the Contractor with authorization of the Engineer.
The Contractor will protect and assume liability for all existing or newly installed structures and lines from damage by his forces during the construction period from the date of Notice to Proceed and the date of Final Acceptance.
All repairs of apparent or discovered utility facilities will be accomplished by the respective utility owners. The Contractor must coordinate with the utility companies to rewrap and/or repair their utility. All exposed existing telephone, gas, water, electrical and other public utility facilities will receive an envelope of twelve-inches (12) of sand.
All painted markings including USA and CBUD markings, marks placed by the Contractor, and marks placed by the Citys survey crew on street pavement, curbs, gutters and sidewalks shall be completely removed by the Contractor prior to completion of the project.
All cost incurred to complete this work shall be deemed included in other items of work and no additional payment will be made thereof.
27. UTILITY COORDINATION
All relocations of apparent or discovered utility lines (e.g., AT&T, PG&E, SJWC, etc.) shall be accomplished by the forces of the appropriate utilities. The Contractor shall notify the appropriate utility at least forty-eight (48) hours in advance of working in the vicinity of any utilities in the project area.
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Special Provisions 2024 Citywide Sidewalk Repair Project Page SP-13 Project No. C9465 Existing utilities shown on the plans are for information only and their locations are approximate. The Contractor shall assume full responsibility for the location of all existing utilities, whether or not shown on the plans, prior to the commencement of any construction activity (e.g., excavation, clearing & grubbing, etc.) which may damage any existing utilities. Furthermore, the Contractor shall protect and assume liability for all existing utilities, whether or not shown on the plans, and any newly installed structures and lines from damage by contractors forces for the duration of the construction period (from the date of Notice to Proceed until the date of Final Acceptance).
The Contractor must allow utility companies to rewrap their utilities. All exposed existing or new telephone, gas, water electricity or other public utility facilities shall receive an envelope in all directions of twelve-inches (12) of sand surrounding said utility(s) within the backfill area. This envelope shall be placed by the Contractor. All utilities must be supported by the Contractor when trench is opened.
28. OBSTRUCTIONS
The City shall not be responsible for any impact to the Contractor of any restrictions that may be caused by the work of other agencies, or the requirements thereof.
In the event that gas, electricity, telephone, water or other utility facilities are encountered, the Contractor shall immediately notify the Engineer and make the necessary coordination to have these structures (vaults, manholes, risers, valves, etc.) removed, relocated, and/or adjusted as necessary by the respective utility company unless specified in these Technical Specifications.
The Contractor is required to cooperate with forces engaged in utility work and shall schedule and conduct his own work in such a manner as to avoid any unnecessary delay or hindrance to the work of the utility companies.
If the Contractor causes damage to Traffic Signal Communication Cable(s), the Contractor shall replace at no cost to the City the complete run of Traffic Signal Communication Cable(s) to the next controller. No splicing of Traffic Signal Communication Cable(s) shall be allowed at pull box. No time extension shall be granted to re-pull/replace Traffic Signal Communication Cable(s).
29. OWNER / CONTRACTOR MEETINGS
A. PRE-CONSTRUCTION CONFERENCE: A Pre-construction Conference will be held at the San Carlos City Hall, 600 Elm Street, San Carlos, CA 94070 within ten (10) working days after the date the Notice to Proceed is issued at the time and date described in the Notice to Proceed.
The conference will address the scope of work and t he Contractor's proposed construction schedule, traffic control and detour p lan. At the Pre-construction conference the Contractor shall provide the followi ng, in addition to the items specified in Section 8.09 of the General Provisions:
• The proposed construction schedule (for overall project), • Two-week look-ahead construction schedule,
• Draft of the notification letter to residents and merchants, • The proposed traffic control plan,
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The meeting shall be attended by:
• Contractor's representative, superintendent and major subcontractors, • City's representative project manager and inspector,
• Design consultant team,
• Others as Appropriate.
B. WEEKLY CONSTRUCTION MEETINGS: : A weekly construction will be held at the construction site or at San Carlos City Hall, 6 00 Elm Street, San Carlos, CA 94070 as determined by the City Project Manager/Inspector. The weekly meetings will be held on a day and time mutually satisfactor y to the City and Contractors representative and/or superintendent.
30. NOTIFICATION OF RESIDENTS AND MERCHANTS:
The Contractor shall perform the following tasks prior to commencement of the construction work:
A. Prepare and leave at each location a notification letter fourteen (14) calendar days and seventy-two (72) hours prior to the time of construction, stating nature of work and expected duration of construction activity affecting their property.
B. Include Contractor's telephone number for the pur pose of taking inquiries and complaints.
C. Submit draft copy to City at Pre-construction con ference.
D. Final format and wording of this letter shall be subject to approval of Engineer.
31. STORM WATER POLLUTION PREVENTION
Consistent with the requirements of the federal Clean Water Act, the Project is subject to storm water pollution prevention requirements, which include the implementation of a water pollution prevention plan and/or implementation of local storm water requirements, which prohibit the discharge of pollutants from the Project site.
All work shall conform to the National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities (Order No. 2009-0009-DWQ, NPDES No. CAS000002) ("General Permit"), and the NPDES Municipal Regional Stormwater Permit (MRP) (Order No. R2- 2015-0049, NPDES No. CAS612008). The Contractor shall implement all applicable San Mateo Countywide Water Pollution Prevention Program (SMCWPPP) measures and Best Management Practices (BMPs). Failure to comply with the approved construction BMPs will result in the issuance of correction notices, citations and/or a stop work order.
The Contractor shall include in the SWPPP any applicable California Department of Transportation Construction Site BMP Fact Sheets, or an approved equivalent. The Contractor is responsible for furnishing, installing, constructing, inspecting, maintaining, removing, and disposing of the BMPs as necessary throughout the entirety of the project.
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Special Provisions 2024 Citywide Sidewalk Repair Project Page SP-15 Project No. C9465 The Contractor shall inspect BMPs regularly, and correct improperly installed, damaged, or ineffective BMPs immediately. Site BMP inspections shall be performed in accordance with the approved SWPPP/WPCP, and at a minimum of two week intervals. Reports of each BMP inspection shall be provided to the City on a monthly basis.
Prior to the start of any field work, the Contractor shall prepare a Water Pollution Control Plan (WPCP), in accordance with the latest version of the California Department of Transportation "Water Pollution Control Program (WPCP) Preparation Manual" and template, or other approved template, for review and approval by the Engineer. The WPCP shall include, at a minimum, the selection of BMPs applicable to the project, and an erosion control plan detailing the locations on the project site where applicable BMPs will be implemented.
The Contractor shall include in the WPCP any applicable California Department of Transportation Construction Site BMP Fact Sheets, or an approved equivalent. The Contractor is responsible for furnishing, installing, constructing, inspecting, maintaining, removing, and disposing of the BMPs as necessary throughout the entirety of the project.
The Contractor shall inspect BMPs regularly, and correct improperly installed, damaged, or ineffective BMPs immediately. Site BMP inspections shall be performed in accordance with the approved SWPPP/WPCP, and at a minimum of two week intervals. Reports of each BMP inspection shall be provided to the City on a monthly basis.
32. TRAFFIC CONTROL
Construction shall be organized so as to cause the least possible inconvenience to traffic.
Traffic control shall comply with the latest Caltrans Standard Plans and traffic control devices shall be furnished, placed, and maintained in accordance with the latest version of Part 6, Temporary Traffic Control, of the California Manual on Uniform Traffic Control Devices (CA- MUTCD).
The Contractor shall provide all required signs, barricades, lights, high-level flag trees, arrow boards, and other devices.
Schedule of Working Hours within Public Right of Way
Construction
Location
Working Days Working Hours
Residential/Local and
Collector
Monday through Friday 8:00 a.m. to 4:00 p.m.
Downtown San Carlos Monday through Friday 8:00 a.m. to 11:30 a.m. and 1:30 p.m. to 4:00 p.m.
Arterial Monday through Friday 9:00 a.m. to 3:00 p.m.
No work shall be performed on Saturdays, Sundays, or designated legal holidays unless otherwise designated below.
No work shall be performed on Saturdays, Sundays, o r designated legal holidays.
Exceptions may be made, at the Engineers discretion, to allow work at other times and on other days if required for the Contractors operations. In such cases, the Contractor shall
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Special Provisions 2024 Citywide Sidewalk Repair Project Page SP-16 Project No. C9465 have an alternate work schedule reviewed and author ized by the Engineer prior to commencement of work.
General Requirements:
1. The Contractors attention is directed to Section 9.20 of the General Provisions for additional requirements.
2. The Contractor shall submit a traffic control plan to the Engineer for review, including any requests for alternate work schedules or work hours.
3. No work may begin under contract until the Traffi c Control Plan has been approved by the Engineer. Time required for review and approval of the Traffic Control Plan shall not constitute a basis for time extension.
4. The Contractor shall maintain temporary AC surface to provide safe and comfortable passage for pedestrian and vehicular traffic.
5. At the end of each day, all trench or access pit excavations shall be either backfilled in accordance with Section 1301-4, Bedding and Backfill, of these Technical Specifications, or covered with traffic rated non-skid steel plates. The steel plates shall be countersunk flush with the adjacent grade to provide a smooth surface if the plates are located within the traveled way of the road. Cutbacks shall be applied in gaps and/or at edges. Adjoining plates shall be tack-welded where the plates meet. Plates located outside of the traveled way shall be held in place by placing temporary asphalt around all edges.
6. The Contractor shall provide electric arrow board(s) for any lane closures and reductions, except for on residential streets.
Special Requirements:
1. The Contractor shall be responsible for providing and maintaining all temporary traffic control and safety devices, including all personnel necessary for effectively directing vehicular, pedestrian and bicycle traffic through the construction zone. The Contractor assumes sole and complete responsibility for the job and site conditions, including safety of all persons and property, from start until final acceptance of the project. This requirement shall apply continuously twenty-four (24) hours per day and shall not be limited to normal working hours.
2. Streets shall not be closed unless authorized by the Engineer in writing at least seventy-two (72) hours prior to the requested date. If street closure is approved, Contractor shall notify the following forty-eight (48) hours prior to the street closure:
a. Citys project manager and inspector
b. City of San Carlos Police Department, (650) 802-4277 c. City of San Carlos Fire Department, (650) 780-7400
d. City of San Carlos Garbage, Recycling, and Tree Trimming Haulers e. Recology San Mateo County (650) 595-3900
f. SamTrans
g. Nearby schools
h. Impacted residents and businesses
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3. If emergency or urgent street closures are required, the Contractor shall notify:
a. Citys project manager and inspector
b. City of San Carlos Police Department, (650) 802-4277 c. City of San Carlos Fire Department, (650) 780-7400
4. If construction will obstruct a bus stop, the Contractor shall notify the SamTrans Operations Control Center seventy-two (72) hours in advance at (650) 508-6200.
5. Access for local residents and businesses and all private property shall be maintained at all times. Signs shall be placed in front of commercial and industrial driveways to allow continual access. At the end of each working day these streets shall be reopened to through traffic with proper barricades, warning devices and temporary striping. If these streets are closed, the Contractor shall proceed expeditiously and with consideration for public convenience from the start of work to its completion.
33. CONSTRUCTION SCHEDULE
The Contractor shall submit to the Engineer, for review, a construction schedule in Critical Path Method (CPM) format with accompanying bar chart setting forth the sequence in which construction will proceed. In addition, the Contractor shall submit an updated CPM schedule for review along with the monthly request for partial payment. The City may, at its sole discretion, withhold partial payment until an updated CPM schedule is submitted
.
34. STREET SWEEPING
Street sweeping using a mechanical sweeper with vacuum capabilities shall occur, at a minimum, every Wednesday and Friday at the end of the working day. The Contractor shall clean and sweep roadways and on-site paved areas of all materials attributed to or involved in the work. In addition, the Contractor shall clean and sweep roadways as necessary to ensure that vehicle and pedestrian travel is not endangered by the presence of loose materials. Construction site entrances shall be kept free of these materials.
35. PROTECTION OF PUBLIC SAFETY
If the Contractor encounters a condition where public safety is threatened (such as, but not limited to, a pipe hole, pipe collapse, stoppage, blockage and/or eminent sewer spill) the Citys representative shall be notified immediately. Furthermore, the Contractor shall provide a visual record of the section of line containing the condition within eight (8) hours to City. If the CCTV camera becomes lodged inside the sewer and cannot be retrieved, the Contractor shall inform the City immediately. It is the Contractor's responsibility to remove the camera and ensure that the sewer is not damaged and Sanitary Sewer Overflows (SSOs) do not occur.
36. DAILY WORK REPORTS
The Contractor shall provide the City Inspector with daily work reports at the beginning of each working day for a report of the previous working day. Contractor to coordinate with City to obtain form standard to conform to.
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37. SUBMITTALS
The Contractor shall provide one electronic copy in PDF format of the construction submittals. Each submittal shall be numbered. Re-submittals shall include the original submittal number followed by a letter indicating the revision (i.e. A for the first revision, B for the second revision). Submittals shall be provided as required by the Contract Documents. The Contractor shall be responsible for conforming to the requirements of the specifications. The Contractor shall provide, at a minimum, the following submittals to the City within twenty (20) calendar days after the issuance of the Award of Contract Notification Letter and prior to beginning work.
Each submittal item shall include a signed cover sheet, of which a template will be provided by the City. The cover sheet shall be filled out completely and legibly.
38. RECORD DRAWINGS
Upon completion of the project, the Contractor shall provide an electronic and hard copy of the project plans provided to the Contractor at the start of the project wit h any red line changes to the system configuration that were identified in the field.
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Bid Item Descriptions 2024 Citywide Sidewalk Repair Project Page BD-1 Project No. C9465
BID ITEM DESCRIPTIONS
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Bid Item Descriptions 2024 Citywide Sidewalk Repair Project Page BD-2 Project No. C9465
BID ITEM DESCRIPTIONS
General Bid items listed below are not intended to be exclusive and comprehensive descriptions of all the work categories and scope necessary to complete the project. As such, the Contractor shall determine, segregate and include in his pricing for each bid item the cost for furnishing and installing all labor, materials, tools, equipment and other incidentals necessary to complete all of the contract work involved in the project, as described by the Contract Documents, complete in place.
Bid Item 1: Remove and Replace Concrete Sidewalk Per Square-Foot Under this item, payment shall be made at unit price bid per square foot to mobilize, saw- cut, remove and replace the existing sidewalk as delineated herein and/or as directed in the field by the Project Manager. Work includes, but limited to: mobilization, saw-cut and removal of existing sidewalk, grading and compaction of 6 aggregate base-rock, rebar or slip-dowels, root removal or installation of root barrier if necessary, setting of forms, 4 thick concrete, curing compound, transition joints, repair or replacement of through-curb drains and underground utility boxes if damaged during removal of concrete, disposal of material removed, demobilization, and traffic and pedestrian control. Payment shall include all labor, materials, equipment and all other related items.
Bid Item 2: Remove and Replace Concrete Driveway Approach Per Square-Foot Under this item, payment shall be made at unit price bid per square foot to mobilize, saw- cut, remove and replace the existing driveway as delineated herein and/or as directed in the field by the Project Manager. Work includes, but not limited to: mobilization, saw-cut and removal of existing driveway and a minimum 12 of adjacent asphalt-concrete at 6 depth, grading and compaction of 6 aggregate base-rock, rebar or slip-dowels, root removal if necessary, expansion joints, setting of forms, 6 thick concrete, curing compound, repair or replacement of through-curb drains and underground utility boxes if damaged during removal of concrete, disposal of material removed, demobilization, and traffic and pedestrian control. Payment shall include all labor, materials, equipment and all other related items.
Bid Item 3: Remove and Replace Concrete Curb and Gutter Per Linear-Foot Under this item, payment shall be made at unit price bid per linear foot to remove and replace the existing curb and gutter as delineated herein and/or as directed in the field by the Project Manager. Work includes, but not limited to: mobilization, saw-cut and removal of existing curb and gutter and a minimum 12 of adjacent asphalt-concrete at 6 depth, root removal if necessary, grading and compaction of 6 aggregate base-rock, rebar or slip-dowels, setting of forms, concrete, curing compound, repair of through-curb drains if damaged during removal of concrete, disposal of material removed, demobilization, and traffic and pedestrian control. Payment shall include all labor, materials, equipment, traffic control, and all other related items.
Bid Item 4: Remove and Replace Concrete Curb Only Per Linear-Foot Under this item, payment shall be made at unit price bid per linear foot to remove and replace the existing curb as delineated herein and/or as directed in the field by the Project Manager. Work includes, but not limited to: mobilization, saw-cut and removal of existing
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Bid Item Descriptions 2024 Citywide Sidewalk Repair Project Page BD-3 Project No. C9465
curb at 6 depth and a minimum 12 of adjacent asphalt-concrete at 6 depth, root removal if necessary, grading and compaction of 6 aggregate base-rock, rebar or slip-dowels, setting of forms, concrete, curing compound, repair of through-curb drains if damaged during concrete removal, disposal of material removed, demobilization, and traffic and pedestrian control. Payment shall include all labor, materials, equipment, traffic control, and all other related item.
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TECHNICAL SPECIFICATIONS
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FOREWORD
Except as noted otherwise, the latest edition of the American Public Works Association (APWA) Standard Specifications for Public Works Construction (Greenbook) shall supersede the previous edition of the Greenbook as an incorporated reference for Sections 1207 through 1503 of these Technical Specifications. References thereto shall be to the Greenbook.
All work shall be done in accordance with the City Standard Specifications, City Standard Details, Project General Provisions, and these Technical Specifications.
TECHNICIAL SPECIFICATIONS
These Technical Specifications contain project specific requirements pertaining to the work, and as such, shall take precedence over the General Conditions portions of these Specifications. All costs associated with satisfying the requirements in these Technical Specifications shall be included in the Contractors bid price and no additional compensation shall be made.
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SECTION 1
SUMMARY OF WORK
1.01 QUALIFICATION OF BIDDERS
All prospective bidders must complete the Statement of Bidders Experience.
1.02 TASK ORDERS
Task orders may also include curb, gutter and driveway approach in addition to the sidewalk. Task orders shall commence within ten (10) working days upon execution.
Work shall be completed within twenty (20) working days.
1.03 WORK COVERED BY CONTRACT DOCUMENTS
Work includes, but is not limited to, furnishing all labor, materials, equipment, and services necessary or required to perform and construct, complete in place and in satisfactory condition, remove and replace sidewalk, remove and replace driveway, root pruning, curb & gutter and all related items as shown on the plans and specified herein and as directed by Project Manager in the field. Removal and replacement of concrete sidewalk, driveways, curb and gutter shall be in accordance with Appendix A, the Citys Standard Plans.
1.04 LOCATION AND SCOPE OF WORK
Removal and replacement locations will be specified in task orders accordingly.
1.05 DRAWINGS
There are no construction drawings on file in the Office of the Public Works Inspector for review.
All work or materials shown thereon but not mentioned herein, or vice versa, shall be fully executed the same as if mentioned or shown on both. Work shall be installed as indicated on Appendix A; however, minor changes to construction to accommodate installation of work shall be made without additional cost to the City.
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Technical Provisions 2024 Citywide Sidewalk Repair Project Page TP-2 Project No. C9465
SECTION 2
MISCELLANEOUS
2.01 PRE-CONSTRUCTION MEETING.
Mandatory Pre-Construction Meeting:
A Mandatory Pre-construction Conference will be held at the San Carlos City Hall, 600 Elm Street, San Carlos, CA 94070 within ten (10) working days after the date the Notice to Proceed is issued at the time and date described in the Notice to Proceed.
LOCATION: TBD
ATTENDANCE:
1. Contractor
2. Contractors Superintendent and/or Foreman
3. Project Manager
4. Any Subcontractors
5. Others as appropriate
SUBMITTALS:
1. Construction schedule (2 copies or electronically)
2. Traffic control plan (2 copies or electronically)
3. Resident notification letter (2 copies or electronically)
4. Driveway closure notification (2 copies or electronically)
5. Concrete mix design (2 copies or electronically)
6. Asphalt mix design (2 copies or electronically)
7. Class II aggregate base (2 copies or electronically)
8. Stormwater Pollution Prevention Plan - SWPPP (2 copies or electronically)
2.02 HOURS OF OPERATION.
The Contractor is informed the project is located within residential and commercial areas. Accordingly, the hours of operation shall be limited to the hours between 8:00 a.m. and 4:00 p.m. unless otherwise noted in the Special Provisions. Activities outside of those hours shall not generate objectionable noise, dust, or inconvenience to the public.
2.03 TIME OF COMPLETION AND LIQUIDATED DAMAGES.
The Time of Completion and Liquidated Damages shall be as described in the Instructions to Bidders.
2.04 STANDARD SPECIFICATIONS.
Work to be done under this contract shall be done in accordance with the most current City Standard Specifications, and City Standard Details insofar as same apply and in accordance with the Specific Requirements. References to State Standard Specifications shall mean the State of California, Department of Transportation Standard Specifications dated May 2010 and current revisions thereto. In case of conflict between the City Standard Specifications and the Specific Requirements in this
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Project Manual, the Specific Requirements shall take precedence over, and be used in lieu of, such conflicting portions of the Standard Specifications.
2.05 CONTRACTS
All work described herein is based on estimated quantities. Actual quantities may vary greater or lesser. All work shall be done under the unit price contract bid.
2.06 CONTRACTOR'S USE OF PREMISES:
Contractor shall limit his use of the premises for work and for storage to allow for:
Work by other Contractors or utilities that may require access or use of the existing sidewalks or driveways.
Assume full responsibility for the protection and safekeeping of Products under this Contract stored on the site.
Contractor shall at all times conduct his operation as to insure the least inconvenience to the general public and homeowners.
Contractor shall make provisions for driveway access for residents. If access is to be impaired at any time, the Contractor shall coordinate with property owner(s) and provide a minimum seventy-two (72) hour notification for access.
2.07 NOTIFICATION OF RESIDENTS AND BUSINESSES
Fourteen (14) calendar days and seventy-two (72) hours prior to the commencement of construction, the Contractor shall provide a notice to each business, residence or impacted location stating the nature of the work and expected duration of construction activity. The notice shall include the Contractors telephone number for the purpose of taking inquiries and complaints. A draft of the notice shall be provided prior to distribution for City review and approval.
The Contractor shall provide notice seventy-two (72) hours prior to driveway closure for removal and replacement and cure time. The notice shall include the Contractors telephone number for the purpose of taking inquiries and complaints. A draft of the notice shall be provided prior to distribution for City review and approval.
Following the repairs at each location, the contractor shall post a door-hanger verifying the repairs have been made. The door hanger will be furnished by the City.
Failure to distribute notices shall be sufficient cause for the Project Manager to suspend work until such notification has taken place.
2.08 OWNER FURNISHED MATERIALS
There are no materials to be provided by the City for installation by the Contractor.
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2.09 LICENSES
Contractor and all subcontractors shall obtain a business license from the City of San Carlos and shall hold current licenses for the craft that the business is contracting for as required by Federal, State and Local laws.
2.10 CONTRACTORS RESPONSIBILITIES
Contractor will be held responsible for any damage to public or private properties as a result of its work.
2.11 PROTECTION OF WORK
The contractor shall be responsible for the care of all work until its completion and final acceptance; and shall at its own expense, replace damaged or lost materials and repair damaged parts of the work. The Contractor shall remove from the vicinity of the completed work all plant materials, building materials, rubbish, forms, concrete, asphalt, and equipment. Contractor shall be responsible for any damage to new concrete or asphalt as a result of vandalism and shall repair such damages at no extra cost to the City.
2.12 EXISTING UTILITIES
Contractor shall exercise care in avoiding damage to existing utilities. All damage to existing utilities shall be the responsibility of the contractor. It is essential that all the utilities be maintained in service.
Contractor shall call Underground Service Alert prior to performing work involving excavations or stump removals.
2.13 NO PARKING SIGNS
All areas that require parking restrictions shall be posted and verified by the Contractor forty-eight (48) hours in advance of the time the Contractor needs clearance. The signs shall state the period of time necessary for clearance and shall be approved in advance by the Project Manager. All temporary signs shall be removed within twenty-four (24) hours after construction.
2.14 WATER
Water for use during construction shall be furnished by the Contractor and all costs incurred including the water use, meter charges, meter/backflow preventer deposit, vehicles and containers needed in transporting water to the job site shall be paid by the Contractor.
2.15 POWER
All power for and in connection with work to be done under this contract shall be furnished and maintained by the Contractor.
2.16 STORM WATER POLLUTION PREVENTION
Consistent with the requirements of the federal Clean Water Act, the Project is subject to storm water pollution prevention requirements, which include the implementation of a
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Storm Water Pollution Prevention Plan (SWPPP) and/or implementation of local storm water requirements, which prohibit the discharge of pollutants from the Project site.
Contractor shall use a dust and/or slurry abatement system, which limits the dust and/or slurry emitted from the equipment.
2.17 DAILY WORK REPORT
The contractor shall provide a daily report of work completed. At the minimum the report shall include the following information:
The address of each repair completed.
The total square-feet of sidewalk and driveway completed. The total linear-feet of curb and/or gutter completed.
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SECTION 3
TRAFFIC AND PEDESTRIAN CONTROL AND SAFETY
3.01 BARRICADES AND FLAGMEN
Contractor shall be responsible to provide all barricades, cones, traffic control devices and labor. Adequate barricading and signing shall be provided at all times.
Contractor's attention is directed to Part 6 of the California Manual of Uniform Traffic Control Devices, for proper placement and usage of traffic controls. Contractor is forewarned that proper traffic control devices and equipment must be provided and that all flagmen must be trained in proper usage of hand signals and equipment.
City reserves right to require additional barricades, signing and traffic control any time when, in the opinion of the Project Manager, Contractor is not adequately providing these items. During paving operations, the Contractor shall furnish and place sufficient barricades at all cross streets to protect new surfaces from traffic until new pavement is sufficiently cooled or concrete has had first cure. If Contractor fails to comply immediately with Project Manager's request or direction of additional barricades, signing or traffic control, Project Manager shall have authority to direct work be stopped until adequate provisions are made and Contractor shall have no claim to City for delays or loss of time or material.
3.02 STREET CLOSURE
Street shall be open for local traffic at all times. No street closures will be permitted.
3.03 SAFETY
All work shall be performed in accordance with generally accepted construction practices and State OSHA requirements. Contractor shall be responsible for the job site, personnel and general public safety during the performance of the work. This requirement shall apply continuously and not be limited to normal working hours.
3.04 REMOVAL
Remove all barricades and signs from work area when construction has progressed to the point that they are no longer necessary and when approved by the Project Manager.
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SECTION 4
SITE MAINTENANCE AND CLEANING
4.01 DURING CONSTRUCTION
Execute periodic cleaning to keep the work, the site and adjacent properties free from accumulations of waste materials, rubbish and windblown debris, resulting from construction operations. Remove waste materials, debris and rubbish from the site periodically and dispose of at legal disposal areas away from the site.
4.02 FINAL CLEANING
Broom clean paved surfaces. Remove all construction materials and debris from contractors operations from sidewalk, gutters and adjoining property. Clean all construction debris from storm drain system if necessary.
4.03 MATERIALS
Use only those cleaning materials which will not create hazards to health or property and which will not damage surfaces. Use only those cleaning materials and methods recommended by manufacturer of the surface material to be cleaned. Use cleaning materials only on surfaces recommended by cleaning material manufacturer.
4.04 DISPOSAL REQUIREMENTS
The City has an ordinance requiring that debris from construction and demolition activities be reused, recycled and/or salvaged so that it doesnt end up in a landfill. The Contractor shall provide sufficient evidence (weight tickets or other documents) to verify that debris is being recycled, reused and/or salvaged to the satisfaction of the Project Manager.
The Contractor shall completely clean up all debris after each hazard is repaired. All costs incurred for disposal of waste material shall be included in unit cost of the bid item.
No stockpiling with the public right-of-way or private property will be allowed.
4.05 DUST CONTROL
Attention is directed to the provisions of Section 10, Dust Control of the State Standard Specifications. This work shall consist of applying either water or dust palliative, or both, for the alleviation or prevention of dust nuisance.
Dust resulting from the Contractor's performance of the work, either inside or outside the right of way shall be controlled by the Contractor.
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SECTION 5
CONCRETE RECONSTRUCTION AND MATERIALS
5.01 WORK INCLUDED.
Saw-cut and remove existing concrete curb and gutter, driveways and sidewalk sections as designated herein and/or as directed in the field by the Project Manager. Prune and remove roots as necessary to re-grade the work area, grade and prepare sub-base to receive base-rock, compact base-rock, disposal of materials and debris, construct new curb and gutter, driveways, and sidewalk, and provide asphalt street conforms to the new lip of concrete gutter.
5.02 INSPECTION AND TESTING
Inspection will be performed by the Public Works Inspector. No concrete shall be poured prior to inspection by the Public Works Inspector. Concrete test cylinders and slump tests may be taken by the Public Works Inspector at his/her option.
5.03 REMOVAL OF MATERIALS IN LANDSCAPE STRIP
Contractor shall saw-cut, remove and dispose of materials within the landscape strip area as specified herein and as directed in the field by the Project Manager. Remove and replace any brickwork in sand. Otherwise, dispose of the materials removed and replace with topsoil to within one (1) inch of the adjoining concrete surfaces. Compact topsoil to ninety (90) percent relative dry density. Materials to be removed may include, but are not limited to: asphalt, concrete brickwork, and exposed aggregate.
5.04 BACKFILL MATERIAL IN LANDSCAPE STRIP
Imported topsoil, fertile, agricultural soil typical of the locality and capable of sustaining vigorous plant growth; free from admixture of subsoil, slag or clay, stones, lumps, line plants and their roots, sticks and other extraneous materials.
5.05 CONCRETE
Concrete used for sidewalk, driveways, curbs and gutters shall be Class "A", six-sack concrete, 1-inch maximum aggregate, 5-inch maximum slump, 2,500 PSI minimum.
Concrete shall contain one (1) LB. of lampblack per cubic-yard.
5.06 EXPANSION JOINTS
Conform to the requirements of Section 51-1.12C of the State Standard Specifications.
Expansion Joints will be installed at twenty foot intervals of new construction. Dowels are to be placed at all expansion joint locations. Deep score joints shall be constructed every ten feet. Fit joints with filler of required profiles, set perpendicular to the longitudinal axis of the curbs and gutters. Recess the expansion joint material 1/4-inch below finish surface of the concrete.
5.07 DOWELS
Dowels shall be placed per Appendix A City Standard Details. Dowels shall be 12-inch in length, #4 rebar or 1/2-inch steel dowels with a slip on one end shall be inserted through each expansion joint and at each construction joint. Dowels shall be epoxied in to existing concrete.
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5.08 REMOVAL OF EXISTING CURB AND GUTTER.
Saw-cut existing concrete reconstruction areas to a depth that will insure clean breakage of the concrete and no resultant spalling. Remove and dispose of the existing concrete offsite at an appropriate dump or fill site. Driveways and sidewalk areas to be reconstructed must be saw-cut at score lines only. A minimum of 4-ft of concrete curb and gutter must be removed when repairs are required.
5.09 PREPARATION OF SUBGRADE
Ensure that rough grading has brought sub-grade to required elevations. Fill soft spots, hollows and depressions from tree root removals with additional base-rock. Level and compact subgrade shall receive base-rock to ninety-five (95) percent relative density.
5.10 BASE-ROCK
Aggregate base shall be Class 2 and shall conform to the provisions in State Standard Specifications. Place and level the base-rock cushion 6-inch deep under the area of new curb and gutter sections. Grade and compact true to line and level with a relative dry density of ninety-five (95) percent. During concrete placement, keep base-rock sufficiently moist to prevent excessive absorption of water from freshly placed concrete.
Full compensation for conforming to the above requirements for Aggregate Base will be considered as included in the prices paid for the various items of work involved, and no additional compensation will be allowed therefor.
5.11 FORMS
Form vertical surfaces to full depth and securely position to required line and levels.
Arrange and assemble formwork to permit easy dismantling and stripping, and to prevent damages to concrete during formwork removal. Forming for the toe board of the curb and gutter repair shall be placed after removal of adjacent asphalt. Adjust existing utility boxes to match new finish grade as necessary. Form boards shall be of new, unwarped wood suitable for forming concrete.
5.12 CONCRETE PLACEMENT
Place concrete, screed or wood float surfaces to a smooth and uniform finish, free of open texturing and exposed aggregate. Avoid working mortar to the surface. Match scoring to patterns of existing sidewalks or aprons as needed. Round all edges of score and expansion joints to match existing joints or with 1/2-inch radius edging tool, whichever is less. Provide exposed concrete surfaces with a medium broom finish.
Ensure finished surfaces do not vary from true lines, levels or grade by more than 1/8-inch in 10-feet when measured with a straight edge. Ensure that concrete finish is protected from damage by vandalism or premature use. Make repairs as necessary to any damaged surfaces. Clean and repair areas damaged caused by installation of the forms. Backfill and grade the areas to required elevations.
Contractor shall have readily available sufficient protective covering, such as waterproof paper or plastic membrane, to cover the pour of an entire day in event of rain or other
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unsuitable weather. Sidewalk shall be protected against damage or defacement of any kind until it has been accepted by the Owner. Sidewalk, which is not acceptable to the Project Manager because of damage or defacement, shall be removed and replaced at the expense of the Contractor.
5.13 ASPHALT STREET REPAIRS AND STRIPING REPAIR
Saw-cut and remove existing asphalt street sections along curb and gutter repair sections as shown herein and as directed in the field by the Project Manager. Saw-cuts shall be parallel and perpendicular to the centerline of the street. Remove tree roots to a depth of 10-inches below pavement. Fill any soft spot or voids made by tree root removals with base-rock and compact to ninety-five (95) percent relative density. Keep water from entering the area to be paved. Immediately before Asphalt concrete is placed, tack coat of Grade SS-1h emulsified asphalt shall be applied to all vertical edges of repair area. Repave with Type A, 1/2-inch HMA asphalt concrete in lifts not to exceed 3-inches per lift. Asphalt shall be rolled or compacted to a finish grade approximately 1/8-inch higher than lip of concrete pan.
Damages to striping and markings during construction shall be repaired by contractor as directed by the Project Manager.
Full compensation for conforming to the requirements of asphalt street repair and striping and marking repair shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed.
5.14 IRRIGATION SYSTEMS
Where sprinkler and irrigation systems are encountered in the work area, all attempts should be made to leave the systems intact. In some cases, however, these lines may require removal. The removed lines shall be capped off and the remaining useful parts left with the property owner. All unusable parts shall be disposed of by the Contractor.
5.15 CONSTRUCTION AND DEMOLITION DEBRIS
The City has an ordinance requiring that debris from construction and demolition activities be reused, recycled and/or salvaged so that it doesnt end up in a landfill. The Contractor shall provide sufficient evidence (weight tickets or other documents) to verify that debris is being recycled, reused and/or salvaged to the satisfaction of the Project Manager.
The Contractor shall completely clean up all debris after each hazard is repaired. All costs incurred for disposal of waste material shall be included in unit cost of the bid item.
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APPENDIX A
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CITY OF SAN CARLOS, CALIFORNIA STANDARD DETAIL
The City of Good
Living
A.C. BERMS & SIDEWALK 6STANDARD CURB & GUTTER
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CITY OF SAN CARLOS, CALIFORNIA STANDARD DETAIL
The City of Good
Living
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CITY OF SAN CARLOS, CALIFORNIA STANDARD DETAIL
The City of Good
Living GUTTER DRAINS 33
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APPENDIX B
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Sidewalk Repair Locations
Property Address
212 Fairmont Ave
359 Ridge Rd
587 Cedar St
9 Maple Way
961 Mccue Ave
1025 Tanklage Rd
1480 Industrial Rd
1616 Chestnut St
18 Cedar St
796 Laurel St
1501 Arroyo Ave
330 Park Ave
1906 St Francis Way
2710 Brittan Ave
3146 La Mesa Dr
17 Chilton Ave
465 Dartmouth Ave
1015 Cherry St
345 Laurel St
920 Rosewood Ave
1742 Eaton Ave
113 Fairmont Ave
2545 Eaton Ave
109 Brook St
26 Club Dr
983 Sylvan Dr
1403 Industrial Rd
1168 El Camino Real
Across from 700 Elm St
799 Laurel St
725 Walnut St
1040 Rosewood Ave
2056 Birch Ave
1398 Orange Ave
1864 Belmont Ave
2025 Belmont Ave
1547 White Oak Way
1458 Chestnut St
2102 St Francis Way
1330 Laurel St
1040 Hewitt Dr
94 Club Dr
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CITY COUNCIL
STAFF REPORT
MEETING DATE: September 11, 2023
ITEM TITLE: Deny Claim of Andy Ravella.
RECOMMENDATION:
Staff recommends that the City Council deny the claim of Andy Ravella as recommended by the Sedgwick representative.
FISCAL IMPLICATIONS:
None for this action.
BACKGROUND:
This item is coming before the Council to act on the claim submitted by Andy Ravella. Staff recommends that the City Council deny the claim based on Sedgwick’s guidance.
The Tort Claims Act. California Government Code Sections 900, seq., mandates that all claims for money or damages against a public entity must be presented in writing to the public entity prior to filing suit. Generally, claims concerning personal injury, wrongful death, damage to personal property, or damage to crops must be presented to the public within six (6) months of the accrual of the claim. All other claims, principally claims on contracts and damage to real property, are subject to a one-year statute of limitations for presentation of the tort claim. Once a tort claim is received by the public entity, the entity has forty-five (45) days to act on the claim. A claim can be settled or rejected. If no action is taken within 45 days, the claim is deemed rejected by operation of law on the last day.
Claims Processing in San Carlos. When the City receives a claim, the claim is immediately forwarded to claims examiners at Sedgwick for investigation. After Sedgwick investigates the claim, Sedgwick provides a recommendation to the City on the handling of the claim.
About Sedgwick. Sedgwick is a leading global provider of technology-enabled risk, benefits and integrated business solutions. In July 2019, Sedgwick acquired York Risk Services Group (“York”). York was originally hired through the Pooled Liability Assurance Network Joint Powers Authority (“PLAN JPA”), and Sedgwick will continue claims administration services to provide claims administration services to the City. The City Council approved the City’s participation in the PLAN JPA (previously known as the Association of Bay Area Government Pooled Liability Assurance Network or “ABAG PLAN”) on November 27, 2017 and designated the Administrative Services Director and Senior Management Analyst as primary and alternate PLAN JPA Board members.
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ANALYSIS:
Claimant Andy Ravella filed a claim against the City seeking recovery for property damages allegedly sustained on August 26, 2022, when his fence fell over after the City removed trees from his property.
City staff removed the trees in question during the week of July 25, 2022, because there was a risk the trees could fall and pose a hazard to the public. Photos taken by Public Works staff and Google images show that the claimant’s fence was already in failing condition before removal of the trees. For this reason, Sedgwick has recommended formal rejection of Andy Ravella’s claim.
The Council’s rejection of this claim does not prevent City staff or staff of Sedgwick from continuing to work with claimant to resolve the dispute.
ALTERNATIVES:
The alternatives available to the City Council include:
1. Deny claim of Andry Ravella; or
2. Do not deny claim of Andy Ravella; or
3. Provide staff with alternative direction.
Respectfully submitted by:
Rebecca Mendenhall, Administrative Services Director
Approved for submission by:
_______________________
Jeff Maltbie, City Manager
ATTACHMENT(S):
1. Ravella, A. Claim Form
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CITY COUNCIL
STAFF REPORT
MEETING DATE: September 11, 2023
ITEM TITLE: Deny Claim of Francesco Ruggiero.
RECOMMENDATION:
Staff recommends that the City Council deny the claim of Francesco Ruggiero as recommended by the Sedgwick representative.
FISCAL IMPLICATIONS:
None for this action.
BACKGROUND:
This item is coming before the Council to act on the claim submitted by Francesco Ruggiero. Staff recommends that the City Council deny the claim based on Sedgwick’s guidance.
The Tort Claims Act. California Government Code Sections 900, seq., mandates that all claims for money or damages against a public entity must be presented in writing to the public entity prior to filing suit. Generally, claims concerning personal injury, wrongful death, damage to personal property, or damage to crops must be presented to the public within six (6) months of the accrual of the claim. All other claims, principally claims on contracts and damage to real property, are subject to a one-year statute of limitations for presentation of the tort claim. Once a tort claim is received by the public entity, the entity has forty-five (45) days to act on the claim. A claim can be settled or rejected. If no action is taken within 45 days, the claim is deemed rejected by operation of law on the last day.
Claims Processing in San Carlos. When the City receives a claim, the claim is immediately forwarded to claims examiners at Sedgwick for investigation. After Sedgwick investigates the claim, Sedgwick provides a recommendation to the City on the handling of the claim.
About Sedgwick. Sedgwick is a leading global provider of technology-enabled risk, benefits and integrated business solutions. In July 2019, Sedgwick acquired York Risk Services Group (“York”). York was originally hired through the Pooled Liability Assurance Network Joint Powers Authority (“PLAN JPA”), and Sedgwick will continue claims administration services to provide claims administration services to the City. The City Council approved the City’s participation in the PLAN JPA (previously known as the Association of Bay Area Government Pooled Liability Assurance Network or “ABAG PLAN”) on November 27, 2017 and designated the Administrative Services Director and Senior Management Analyst as primary and alternate PLAN JPA Board members.
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ANALYSIS:
Claimant Francesco Ruggiero filed a claim against the City for property damage when two roof tiles fell from the top edge of his restaurant’s building and damaged his restaurant’s awning. The claimant alleged that on a windy night, City-owned tree branches hit the restaurant’s roof’s edge, which caused the tile on the roof to split, fall, and tear the restaurant’s awning. Francesco Ruggiero is claiming $5,000 to replace his restaurant awning.
The City is not liable in this case as Government Code Section 835 provides immunities to City when there is no prior constructive notice of the condition causing the failure. In addition, trees in the loss location are inspected once a month and trimmed as needed to comply with the eight- foot clearance requirements at sidewalk and thirteen-foot at street per the City’s Municipal Code Section 12.20.040. Government Code Section 835.4 also provides immunity from liability when the City’s act or omission was reasonable. For these reasons, Sedgwick recommends formal rejection of Francesco Ruggiero’s claim.
The Council’s rejection of this claim does not prevent City staff or the staff of Sedgwick from continuing to work with the claimant to resolve the dispute.
ALTERNATIVES:
The alternatives available to the City Council include:
1. Deny claim of Francesco Ruggiero; or
2. Do not deny claim of Francesco Ruggiero; or
3. Provide staff with alternative direction.
Respectfully submitted by:
Rebecca Mendenhall, Administrative Services Director
Approved for submission by:
_______________________
Jeff Maltbie, City Manager
ATTACHMENT(S):
1. Ruggiero, F. Claim Form
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CITY COUNCIL
STAFF REPORT
MEETING DATE: September 11, 2023
ITEM TITLE: Deny Claim of Geoffroy Raby.
RECOMMENDATION:
Staff recommends that the City Council deny the claim of Geoffroy Raby as recommended by the Sedgwick representative.
FISCAL IMPLICATIONS:
None for this action.
BACKGROUND:
This item is coming before the Council to act on the claim submitted by Geoffroy Raby. Staff recommends that the City Council deny the claim based on Sedgwick’s guidance.
The Tort Claims Act. California Government Code Sections 900, seq., mandates that all claims for money or damages against a public entity must be presented in writing to the public entity prior to filing suit. Generally, claims concerning personal injury, wrongful death, damage to personal property, or damage to crops must be presented to the public within six (6) months of the accrual of the claim. All other claims, principally claims on contracts and damage to real property, are subject to a one-year statute of limitations for presentation of the tort claim. Once a tort claim is received by the public entity, the entity has forty-five (45) days to act on the claim. A claim can be settled or rejected. If no action is taken within 45 days, the claim is deemed rejected by operation of law on the last day.
Claims Processing in San Carlos. When the City receives a claim, the claim is immediately forwarded to claims examiners at Sedgwick for investigation. After Sedgwick investigates the claim, Sedgwick provides a recommendation to the City on the handling of the claim.
About Sedgwick. Sedgwick is a leading global provider of technology-enabled risk, benefits and integrated business solutions. In July 2019, Sedgwick acquired York Risk Services Group (“York”). York was originally hired through the Pooled Liability Assurance Network Joint Powers Authority (“PLAN JPA”), and Sedgwick will continue claims administration services to provide claims administration services to the City. The City Council approved the City’s participation in the PLAN JPA (previously known as the Association of Bay Area Government Pooled Liability Assurance Network or “ABAG PLAN”) on November 27, 2017 and designated the Administrative Services Director and Senior Management Analyst as primary and alternate PLAN JPA Board members.
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ANALYSIS:
Claimant Geoffroy Raby filed a claim against the City for damage to his restaurant’s awning. He alleges that City trees are releasing sticky sap onto his restaurant’s awning that cannot be cleaned and therefore, seeks $2,000 to replace his restaurant awning.
The City is not liable in this case as Government Code Section 835 provides immunities to City when there is no prior constructive notice of the condition causing the failure. In addition, trees in loss location are inspected once a month and trimmed as needed to comply with the eight-foot clearance requirements at sidewalk and thirteen-foot at street per the City’s municipal code section 12.20.040. Government Code Section 835.4 also provides immunity from liability when the City’s act or omission was reasonable. For these reasons, Sedgwick recommends formal rejection of Geoffroy Raby’s claim.
The Council’s rejection of this claim does not prevent City staff or the staff of Sedgwick from continuing to work with the claimant to resolve the dispute.
ALTERNATIVES:
The alternatives available to the City Council include:
1. Deny claim of Geoffroy Raby; or
2. Do not deny claim of Geoffroy Raby; or
3. Provide staff with alternative direction.
Respectfully submitted by:
Rebecca Mendenhall, Administrative Services Director
Approved for submission by:
_______________________
Jeff Maltbie, City Manager
ATTACHMENT(S):
1. Raby, G. Claim Form
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City of San Carlos
City Claim Form for all
Persons or Property
MAIL TO: CITY OF SAN CARLOS
ATTN: Crystal Mui, City Clerk
600 Elm Street
San Carlos, CA 94070-1309
1. CLAIMS FOR DEATH, INJURY TO PERSON, OR TO PERSONAL PROPERTY MUST BE FILED NOT LATER THAN SIX (6) MONTHS AFTER THE OCCURRENCE (GOV’T. CODE, SEC. 911.2).
2. CLAIMS FOR DAMAGES TO REAL PROPERTY MUST BE FILED NOT LATER THAN ONE YEAR AFTER THE OCCURRENCE (GOV’T. CODE SEC. 911.2).
3. ATTACH SEPARATE SHEETS, IF NECESSARY TO GIVE FULL DETAILS.
NAME OF CLAIMANT: _________________________________________________________________________________
CLAIMANT’S ADDRESS:
Street Apt. No City State Zip
EMAIL: __ ____________________________________________________________________
HOME PHONE: CELL PHONE: ____________________ WORK PHONE: ____________________
ADDRESS WHERE NOTICES SHOULD BE SENT IF DIFFERENT FROM ABOVE:
____________________________________________________________________________________________________ Name Street Apt. No City State Zip
EMAIL IF DIFFERENT FROM ABOVE: _____________________________________________________________________
AMOUNT OF CLAIM $________________________________________ (ATTACH COPIES OF BILLS/ESTIMATES)
IF AMOUNT CLAIMED IS MORE THAN $10,000, INDICATE WHERE JURISDICTION RESTS:
LIMITED CIVIL CASE ________________________ UNLIMITED CIVIL CASE _________________________
DATE OF INCIDENT: _______________________________________________TIME: _____________________________
LOCATION OF INCIDENT: _____________________________________________________________________________
DESCRIBE THE INCIDENT OR ACCIDENT INCLUDING YOUR REASON FOR BELIEVING THAT THE CITY IS LIABLE
FOR YOUR DAMAGES
DESCRIBE ALL DAMAGES WHICH YOU BELIEVE YOU HAVE INCURRED AS A RESULT OF THE INCIDENT
NAME(S) OF PUBLIC EMPLOYEE(S) CAUSING THE DAMAGES YOU ARE CLAIMING:
WERE POLICE AT SCENE? YES_______ NO_______
DATED: ____________________________ SIGNED:
ANY PERSON WHO, WITH INTENT TO DEFRAUD, PRESENTS ANY FALSE OR FRAUDULENT CLAIM MAY BE PUNISHED BY IMPRISONMENT OR FINE OR BOTH.
The tree leafs are releasing a sticky sap that is destroying my awning. Cannot not clean it and they need to be replaced.
07/11/2023
$2000
Awning at the restaurant
Awnings need to be replaced.
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CITY COUNCIL
STAFF REPORT
MEETING DATE: September 11, 2023
ITEM TITLE: Consideration of Appointing One Youth Advisory Council (YAC) Voting Member for the 2023 – 2024 Term, Two Alternate YAC Members for the 2023 – 2024 Term, and Five YAC Voting Members for the 2023 – 2025 Term, and Recognizing Retiring YAC Members.
RECOMMENDATION:
Staff recommends that the City Council appoint one Youth Advisory Council (YAC) voting member for the 2023-24 term, two alternate YAC members for the 2023-24 term and five YAC voting members for the 2023-25 term, and recognize five retiring YAC voting members.
FISCAL IMPLICATIONS:
There are no fiscal implications associated with taking this action.
BACKGROUND:
The YAC is a group of volunteer middle school and high school students appointed by the City Council. The YAC’s role is to advise the Parks & Recreation Department and the Youth Center staff on activities, events, and programs to meet the needs of youth in the community.
At the start of each calendar year, San Carlos Youth Center staff posts a Youth Advisory Council application on the City’s website. Applicants must complete and submit the online application by the deadline. All applicants are offered an oral board interview with City staff and a City Council representative. The number of open positions each year is dependent on the number of retiring or outgoing YAC members.
ANALYSIS:
Following the most recent written application and oral board interview process, eight applicants are recommended for appointment to the YAC – one as voting member for the 2023-24 term, five as voting members for the 2023-25 term, and two as alternate members for the 2023-24 term. 2023-24 Term:
•Samina Ginwalla – Carlmont High School, Senior - Voting Member Samina is seeking a one-year term on the YAC as a voting member. Samina loves considering the perspectives of others and looks forward to coming up with methods to bring the community closer together.
•Maya Kacholiya – Carlmont High School, Freshman - Alternate
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Maya is seeking a one-year term as an alternate on the YAC. Maya looks forward to the leadership skills and lessons she will learn while organizing meaningful events for the youth community.
•Michael Sandovol – Central Middle School, 8 th Grade - Alternate Michael is seeking a one-year appointment on the YAC as an alternate. Michael would like to be a member of the YAC because getting involved in the community and making a difference is very important. Michael also wants to be a member to deepen his understanding of local government and public service.
2023-25 Term:
•Sufiya Kaul – Saint Francis High School, Sophomore - Voting Member Sufiya is seeking an appointment on the YAC as a voting member. Sufiya has enjoyed her time on the council as an alternate and is looking to challenge herself this year to take on a leadership role on the YAC.
•Connor Huh – Nueva School, Sophomore - Voting Member
Connor is seeking a two-year appointment on the YAC as a voting member. Connor wants to join the YAC to be a voice for young people in the community. Connor also looks forward to the opportunity to develop more leadership skills.
•Dylan Karmin – Sequoia High School, Junior - Voting Member Dylan is seeking a two-year appointment on the YAC as a voting member. Dylan would like to be a member of the YAC because he loves living in San Carlos and enjoys the community here.
•Cecily Mock – Sequoia High School, Junior - Voting Member Cecily is seeking a two-year appointment on the YAC as a voting member. Cecily is looking forward to volunteering at all of the events and activities that YAC participates in throughout the year.
•Zuri Kadiwar – Central Middle School, 7 th Grade - Voting Member Zuri is seeking a two-year appointment on the YAC as a voting member. Zuri is looking forward to joining the YAC to advocate for the youth of San Carlos while gaining valuable leadership experience.
Recognizing Outgoing Youth Advisory Council Members
The following YAC members completed their terms of office as of June 30, 2023:
•Maya Nayberg – two, two-year terms and one, one-year term. Offices held: Chair and Public Relations.
•Alice Finkelstein – two, two-year terms. Office held: Public Relations. •Ivy Zhou – two, one-year terms.
•Vikram Kacholiya – one, two-year term and one, one-year term. •Calista Savay – one, one-year term.
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ALTERNATIVES:
The alternatives available to the City Council include:
1. Appoint the recommended Youth Advisory Council voting members for the 2023-24 and 2023-25 terms and recognize retiring Youth Advisory Council voting members; or
2. Provide staff with alternative direction.
Respectfully submitted by:
Amy Newby, Parks & Recreation Director
Approved for submission by:
_______________________
Jeff Maltbie, City Manager
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CITY COUNCIL
STAFF REPORT
MEETING DATE: September 11, 2023
ITEM TITLE: Consideration of the Formation of the City Centennial Advisory Committee and Direct Staff to Proceed with Recruitment.
RECOMMENDATION:
Staff recommends that the City Council consider the formation of the City Centennial Advisory Committee and direct staff to proceed with recruitment.
FISCAL IMPLICATIONS:
There is no fiscal impact and no additional appropriation is needed at this time.
Funding for the City’s centennial celebration has been appropriated in the adopted Fiscal Year (FY) 2023-25 Capital Improvement Program Budget in a total amount of $1,000,000 (Project C2309). There are no funding implications associated with receiving this presentation or directing the formation of the City Centennial Advisory Committee.
BACKGROUND:
San Carlos, California was incorporated in 1925. In 2025, the City and community will be celebrating its centennial. During the budget adoption process for FY 2023-25, staff proposed funding to support various celebrations throughout the City’s 100th year.
The purpose of the City Centennial Advisory Committee is to bring a collective group of residents and members of our community together to share a variety of ideas on ways the City can celebrate its 100th anniversary of incorporation. Residents and members of the community who have been involved in different community groups and organizations will each bring their own experiences and memories of San Carlos so that we have diverse representation.
Ideas for celebrations include a citywide centennial branding and marketing campaign, art/poster contest, videographer to document centennial-focused festivities at annual activities and events, San Carlos history book and stories reading, special parade, San Carlos passport activity, time capsule, brochure/map of historical homes and buildings, San Carlos centennial merchandise, spotlight of longest San Carlos residents, a Centennial Spotlight newsletter. These thoughts will be used in a brainstorming exercise for committee members to generate more ideas on ways in which the City and community can celebrate.
ANALYSIS:
To assist with putting together the program of events to celebrate the centennial, a committee representing multiple interests of the community shall be formed to provide input throughout the
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planning process.
Staff suggests the following composition of the centennial committee:
1. Parks, Recreation and Culture Commission (1 member)
2. Economic Development Advisory Commission (1 member)
3. Planning and Transportation Commission (1 member)
4. Youth Advisory Council (1 member)
5. San Carlos History Museum Board (1 member)
6. Parks and Recreation Foundation (1 member)
7. Community Foundation of San Carlos (1 member)
8. San Carlos Education Foundation (1 member)
9. San Carlos School District (1 member)
10. Adult Community Center Member (1 member)
11. Downtown business owner/operator (1 member)
12. Chamber San Mateo County (1 member)
13. San Carlos Lions Club (1 member)
14. Rotary Club of San Carlos (1 member)
15. Kiwanis Club of San Carlos (1 member)
16. Community Members and/or Residents (3 members)
Staff is suggesting that for the City Commissions and non-profit organizations (1-15), each board will nominate or select the representative to serve on the centennial committee, and Council can review applications and make appointments for the three community member seats.
City Centennial Advisory Committee members will serve until the conclusion of the centennial celebrations. Committee members will attend planning meetings throughout 2024 and continue with meetings throughout 2025, as needed. This is a volunteer appointment and committee members will not receive compensation for their service. Committee members are required to either work or reside in San Carlos.
Next Steps
Following direction from the Council on the composition of the City Centennial Advisory Committee, staff will work with the City Clerk to initiate the recruitment and selection process, which will include interviews and appointments made by the City Council for the three community member seats. Staff anticipates the recruitment process to take approximately 2-3 months, and the planning meetings will be initiated shortly thereafter in early 2024.
ALTERNATIVES:
The alternatives available to the City Council include:
1. Direct staff to proceed with recruitment; or
2. Provide staff with alternative direction.
Respectfully submitted by:
Amy Newby, Parks & Recreation Director
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Approved for submission by:
_______________________
Jeff Maltbie, City Manager
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CITY COUNCIL
STAFF REPORT
MEETING DATE: September 11, 2023
ITEM TITLE: Consideration of Adopting a Resolution Adopting a Memorandum of Understanding Between the City of San Carlos and the Local 829 American Federation of State, County and Municipal Employees ("AFSCME") for the Period of July 1, 2023 through June 30, 2026.
RECOMMENDATION:
Staff recommends that the City Council adopt a Resolution to adopt the Memorandum of Understanding (“MOU”) with the Local 829, American Federation of State, County and Municipal Employees (“AFSCME”) Unit for the period of July 1, 2023 through June 30, 2026.
FISCAL IMPLICATIONS:
The additional cost for the provisions below is approximately $410,200 for Fiscal Year (“FY”) 2023-24, $338,700 for FY 2024-25, and $360,200 for FY 2025-26.
As discussed with the Council during the budget study sessions, certain assumptions were presumed and included as part of the development of the budget. As a result, there is sufficient funding included in the proposed Biennial Budget for Fiscal Years 2023-25.
BACKGROUND:
The current MOU was for a term of 24 months: July 1, 2021 through July 31, 2023. The City’s negotiating team and AFSCME began presenting proposals to each other in late June and reached agreements on the proposed MOU in early September.
In accordance with City’s Employer Employee Relations Resolution #78-18, Section 5.C, agreements reached as a result of negotiations shall be included in a Memorandum of Understanding signed by the City Manager and the duly designated representatives of each recognized employee organization. All signed Memoranda of Understanding must be presented to the City Council for approval in order to be binding.
ANALYSIS:
City officials met and conferred in good faith with members of AFSCME and have agreed to the terms identified in the attached MOU. These terms include the following provisions:
•Term: Three years, July 1, 2023 through July 31, 2026; •Salary Adjustments: Effective the first pay period on or after July 1, 2023, increase base wage rates for all positions by five percent (5%). Effective the first pay period on or after
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July 1, 2024, increase base wage rates by three percent (3%), and effective the first pay period on or after July 1, 2025, increase base wage rates by three percent (3%); •Equity Adjustments: Effective each year, beginning on the first pay period of July 2023 to July 2025, some positions are eligible for equity adjustments based on market comparables in the following agencies: Burlingame, Cupertino, Foster City, Fremont, Hayward, Menlo Park, Milpitas, Mountain View, Palo Alto, Redwood City, San Mateo, Santa Clara, Sunnyvale, and Union City.
All adjustments have been incorporated into the hourly wage schedule as shown in Appendix A in the MOU;
•Overtime Definition: Any authorized time worked in excess of twelve (12) hours shall be compensable at the rate of two (2) times the employee’s regular straight-time rate of pay; •Holidays: The City will now designate June 19 (Juneteenth) as an observed and paid holiday;
•Bereavement Leave: Update language to comply with new state law by removing the word “consecutive” and adding that bereavement leave must be taken within three calendar months of the date of death;
•Vision Plan: Remove the two percent (2%) administrative fee the City currently charges for enrollment into a two-party or family vision plan;
•Safety Shoes: Increase the reimbursement amount to $350.00 annually for the purchase safety shoes and add Public Works Assistant Superintendent, Associate Engineer, and Civil Engineer classifications to the list of eligible positions for the reimbursements; •Tuition Reimbursement: Increase the reimbursement amount to $3,000 annually for expenses incurred in job related educational programs or job-related certificate programs; •Deferred Compensation Match: Effective first full pay period after the successor MOU is adopted by the City Council and signed by the parties, the City shall provide a contribution to an employee's deferred compensation account in an amount equal to the employee's contribution at a ratio of 1:1, to a maximum of two hundred and twenty-five dollars ($225) per month;
•Updated non-discrimination language based on law updates to included additional classifications; and
•Updated arbitration language to state that the first party to cross off a name from a list of five (5) local arbitrators shall be determined by the flipping of a coin. The final name left on such list shall be the arbitrator.
ALTERNATIVES:
The alternatives available to the City Council include:
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1. Adopt the Resolution approving the Memorandum of Understanding (MOU) between the City of San Carlos and the local 829 American Federation of State, County and Municipal employees ("AFSCME") for the period of July 1, 2023 through June 30, 2026; or
2. Do not adopt the Resolution; or
3. Provide staff with alternative direction.
Respectfully submitted by:
Rebecca Mendenhall, Administrative Services Director
Approved for submission by:
_______________________
Jeff Maltbie, City Manager
ATTACHMENT(S):
1. Resolution
Exhibit A to Resolution - AFSCME Memorandum of Understanding
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RESOLUTION NO. 2023 – ____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CARLOS
ADOPTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF SAN CARLOS AND THE LOCAL 829 AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES ("AFSCME") FOR THE PERIOD OF JULY 1, 2023 THROUGH JUNE 30, 2026.
WHEREAS, on June 14, 2021, the City Council adopted Resolution 2021-048 approving a Memorandum of Understanding (“MOU”) between the City of San Carlos and the Local 829 American Federation of State, County and Municipal Employees ("AFSCME") ending June 30, 2023; and WHEREAS, the City met and conferred in good faith with AFSCME unit and both parties have agreed to the new terms as included in the attached MOU; and WHEREAS, is it now necessary to adopt a new MOU for the period of July 1, 2023 through June 30, 2026.
NOW, THEREFORE BE IT RESOLVED, that the San Carlos City Council hereby adopts the Memorandum of Understanding with the AFSCME unit (attached as Exhibit A). * * * * *
I, City Clerk Crystal Mui, hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the City Council of the City of San Carlos at a scheduled meeting thereof held on the 11th day of September 2023, by the following vote:
AYES, COUNCILMEMBERS:___________________________________________ NOES, COUNCILMEMBERS:___________________________________________ ABSENT, COUNCILMEMBERS:___________________________________________ ________________________________
CITY CLERK of the City of San Carlos
APPROVED:
___________________________
MAYOR of the City of San Carlos
Exhibit A: AFSCME MOU
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MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF SAN CARLOS
AND
AMERICAN FEDERATION OF STATE, COUNTY AND
MUNICIPAL EMPLOYEES, LOCAL 829, AFL-CIO
PROFESSIONAL AND TECHNICAL
EMPLOYEES UNIT
July 1, 2023 through June 30, 2026
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SECTION TITLE PAGE
Section 1 - No Discrimination .......................................... 1 Section 2 - Hours of Work ............................................. 1
2.1 Regular Schedules .........................................................................................1
2.2 Flexible Hours ...............................................................................................2 Section 3 - Overtime ................................................. 2
3.1 Authorization .................................................................................................2
3.2 Definition .......................................................................................................2
3.3 Court Time ....................................................................................................3
3.4 On-Call/Call-Back .........................................................................................3 Section 4 - Salaries .................................................. 4
4.1 Bi-Weekly Salary Rates ................................................................................4
4.2 Salary Plan .....................................................................................................5
4.3 Pay for Temporary or Interim Appointment to a Higher Classification .......5
4.4 Pay on Promotion ..........................................................................................6 Section 5 - Holidays ................................................. 6
5.1. Holidays .........................................................................................................6
5.2 Float Time .....................................................................................................6
5.3 Saturday and Sunday Holidays ......................................................................7
5.4 Observance of Recognized Holidays Based On Work Day Schedule ..........7
5.5 Compensation for City Holidays ...................................................................7 Section 6 - Vacations ................................................ 7
6.1 Entitlement ....................................................................................................7
6.2 Vacation Accrual ...........................................................................................8
6.3 Vacation Scheduling ......................................................................................8
6.4 Holiday Closures ...........................................................................................8
6.5 Vacation Cash Out .........................................................................................8 Section 7 - Sick Leave ............................................... 9
7.1 Accrual ..........................................................................................................9
7.2 General ..........................................................................................................9
7.3 Usage .............................................................................................................9
7.4 Procedures for Requesting and Approving Sick Leave .................................9
7.5 Bereavement Leave .....................................................................................10
7.6 Jury Duty .....................................................................................................10 Section 8 - Layoff and Reemployment .................................... 10 Section 9 - Hospitalization and Medical Care ............................... 11
9.1 Health Plan Contributions for Active Employees .......................................11
9.2 Section 125 Cafeteria Plan Components and City Contribution Increases .11
9.3 Deferred Compensation Incentive ...............................................................13
9.4 Domestic Partner Coverage .........................................................................13
9.5 Alternate Medical Benefit Program ............................................................13
9.6 Retiree Health Plan Contributions ...............................................................13
9.7 Longevity Recognition Program .................................................................14
9.8 Dental Plan ..................................................................................................14
9.9 Vision Care Plan ..........................................................................................15
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ii
9.10 Long-Term Disability ..................................................................................15
9.11 Short-Term Disability ..................................................................................15 Section 10 - Life Insurance ........................................... 15 Section 11 - Retirement .............................................. 15
11.1 Formula for Employees Hired Before March 16, 2009 ...............................15
11.2 Formula for Employees Hired March 16, 2009 through April 22, 2012 .....15
11.3 Formula for Employees Hired After April 22, 2012 through December 31, 2012 or Classic CalPERS Members ..............................................................................................16
11.4 Formula for Employees Hired On or After January 1, 2013 (New CalPERS Members) 16
11.5 Formula for Fire Safety Employees Hired Prior to January 1, 2013 or Classic CalPERS Members ............................................................................................................16
11.6 Formula for Fire Safety Employees Hired On or After January 1, 2013 (New CalPERS Members) .............................................................................................................16
11.7 Pre-Tax Deduction for Employee Pension Contributions ...........................16
11.8 Retirement Notice ........................................................................................17 Section 12 - Safety Shoes and Safety Glasses ............................... 17 Section 13 - Promotions ............................................. 17 Section 14 - Grievances .............................................. 18
14.1 Definition .....................................................................................................18
14.2 Procedure .....................................................................................................18
14.3 Extension of Time Limits ............................................................................19
14.4 Compensation Complaints ..........................................................................20
14.5 Suspension and Discharge Grievances ........................................................20
14.6 No Change in Memorandum .......................................................................20
14.7 No Strike ......................................................................................................20 Section 15 - Severability of Provisions .................................... 21 Section 16 - Advance Notice .......................................... 21
16.1 Ordinances Rules and Regulations ..............................................................21
16.2 Contracting Out, Subcontracting, and JPA’s ...............................................21
16.3 Personnel Rules Revisions ..........................................................................22 Section 17 - Union Membership ........................................ 22
17.1 Union Membership ......................................................................................22
17.2 Dues Deduction ...........................................................................................23
17.3 Union Access to New Employee Orientation ..............................................23
17.4 Membership Listing ....................................................................................23
17.5 Forfeiture of Deduction ...............................................................................24
17.6 Reinstatement ..............................................................................................24
17.7 Hold Harmless .............................................................................................24
17.8 Third Party Notification ..............................................................................24 Section 18 - Miscellaneous ........................................... 24
18.1 Mileage Reimbursement ..............................................................................24
18.2 Tuition Reimbursement ...............................................................................25
18.3 Disciplinary Action .....................................................................................25
18.4 Pregnancy Disability Leave .........................................................................25
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18.5 Military Leave .............................................................................................25
18.6 Leave of Absence Without Pay ...................................................................25
18.7 Family Care Leave ......................................................................................25
18.8 Commute Incentives ....................................................................................26 Section 19 - Integration and Waiver ...................................... 26
19.1 Integration ...................................................................................................26
19.2. Waiver Of Further Bargaining On Covered Matters ...................................26
19.3. No Adverse Inference ..................................................................................26 Section 20 - Effective Date and Termination ................................ 26
APPENDIX A
Wage and Salary Schedule (Effective July 5, 2023) ......................................................................28
APPENDIX A
Wage and Salary Schedule (Effective July 1, 2024) ......................................................................29
APPENDIX A
Wage and Salary Schedule (Effective July 14, 2025) ....................................................................29
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City of San Carlos - AFSCME 829
2023-2026 Memorandum of Understanding