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CITY OF SAN JACINTO
CONTRACT DOCUMENTS
AND SPECIFICATIONS
FOR
REQUEST FOR PROPOSALS FOR THE CONSTRUCTION OF THE NEW
GRAND TREATMENT PLANT FACILITY AND EQUIPPING OF THE NEW GRAND WELL (PROJECT 22-010)
JANUARY 2025
PREPARED BY:
CITY OF SAN JACINTO PUBLIC UTILITIES
BID OPENING – March 11, 2025, 2:00 PM
Planet Bids Website
Expected Contract Award: March 18, 2025
Anticipated Start of Construction: April 7, 2025
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CITY OF SAN JACINTO
CONTRACT DOCUMENTS AND
SPECIFICATIONS
FOR
CONSTRUCTION OF THE NEW GRAND TREATMENT PLANT FACILITY AND EQUIPPING OF THE NEW GRAND WELL (PROJECT 22-010)
ENGINEER OF RECORD: __________________ DATE:
(Stamp of Engineer of Record):
Shem Hawes, P.E.
Civiltec Engineering
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Project Information Sheet
Construction of The New Grand Treatment Plant Facility and Equipping of The New Grand Well
Bid Opening Date: March 11, 2025 @ 2:00 p.m.
Expected Bid Award Date: March 17, 2025
Anticipated Start Date: April 7, 2025
Construction Time: 400 Working Days
Liquidated Damages: $1,000 per calendar day
Project Description: Furnishing all labor, equipment, materials, and forces necessary for the “Construction of The New Grand Treatment Plant Facility and Equipping of the New Grand Well”, according to provided plans and specifications.
Engineer’s Estimate is $6,000,000.
For Technical Inquiries: Please post all questions to the City of San Jacinto’s vendor portal
on the PlanetBids website at
https://vendors.planetbids.com/portal/39490/portal-home Note:See specifications for details regarding the above information. (22-010)
REQUEST FOR PROPOSALS FOR THE CONSTRUCTION OF THE NEW
GRAND TREATMENT PLANT FACILITY AND EQUIPPING OF THE
NEW GRAND WELL
TABLE OF CONTENTS
NOTICE INVITING BIDS…………………………………………………………………………………..A-1 – A-3 INSTRUCTIONS TO BIDDERS…………………………………………………………………………..B-1 – B-7 PROPOSAL……………………………………………………………………………………………………..C-1 – C-17 CONTRACT AGREEMENT………………………………………………………………………………….D-1 – D-15 GENERAL SPECIFICATIONS………………………………………………………………………………E-1 – E-6 GENERAL PROVISIONS ...................................................................................... GP-1 – GP-27
SPECIAL PROVISIONS
PART 1 – STANDARD PROVISIONS………………………………………………………..SP-1 – SP-19 PART 2 – STANDARD CONSTRUCTION DETAILS ...................................... SP-20 – SP-22 PLANS, DRAWINGS & SUBMITTALS ................................................................... APPENDIX “A” CONTRACT FORMS .......................................................................................... APPENDIX “B” TRAFFIC REQUIREMENTS ................................................................................. APPENDIX “C” *HYPERLINKED
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NOTICE INVITING BIDS
ENGINEER’S ESTIMATE BASE BID: $6,000,000
QUESTIONS REGARDING THE PROJECT MUST BE POSTED ON PLANET BIDS FOR RESPONSE RECEIPT OF PROPOSALS. Online bids via Planet Bid will receive bids until March 11, 2025, 12:00 PM to perform all work required under the City of San Jacinto’s (“City”) Specifications entitled:
CONTRACT DOCUMENTS AND SPECIFICATIONS
FOR
CONSTRUCTION OF THE NEW GRAND TREATMENT PLANT FACILITY AND EQUIPPING OF THE NEW
GRAND WELL
ADDENDA. Addenda, if any, will NOT be mailed out to any of the plan holders and will ONLY be posted on Planet Bids. It shall be the Bidder’s responsibility to check the website for any addenda.
OPENING OF PROPOSALS. The bids received will be evaluated and the results will thereafter be referred to the City Council for consideration at a subsequent meeting.
PRE-BID MEETING. A mandatory pre-bid meeting and site walk will be held at the project site at 901 Industrial Way San Jacinto, CA 92582 on February 13, 2025, at 1:00 PM.
SCOPE OF WORK. Provide all labor, equipment, materials, and resources necessary for site improvements at the Grand Well and Treatment Plant. Install the potable water treatment plant supplied by the City and outfit the existing Grand Well in accordance with the provided plans and specifications.
No overnight closures will be allowed. Access to existing homes and businesses shall be maintained at all times.
LICENSING REQUIREMENTS. All bidders shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State of California Contractor’s license, Class A, at the time of contract award.
The successful Contractor and its subcontractors will be required to possess business licenses from the city.
COMPLETION OF WORK. The work is expected to start by April 7, 2025. All Base Bid work shall be completed in its entirety within 400 working days from the said date.
PLANS AND SPECIFICATIONS. The plans and specifications are available online to download through Planet Bids website which can be accessed through the City of San Jacinto website at:
https://www.sanjacintoca.gov/government/bidsProposals
GUARANTEE. Each bid shall be made on the proposal form furnished by the City on the Planet Bids website and shall be in accordance with the Plans, Specifications, and Contract Documents and shall be accompanied by a certified check, cashier’s check, or bidder’s bond, payable to the City in a sum not less than ten percent (10%) of the amount of the bid, as a guarantee that the bidder will enter into the contract for the work, the full amount of such guarantee to be forfeited to the City should said bidder fail to enter into said Contract. The successful bidder will be required to furnish a Faithful Performance Bond in the amount of not less than one hundred percent (100%) of the contract price, and a Labor and Material Bond in an amount of not less than one hundred percent (100%) of the contract price, said bonds to be underwritten by sureties qualified to do business in the State of California, preferably carrying a rating of A or better, in the current edition of Bests Insurance Guide.
LABOR CODE CONCERNING APPRENTICES. Attention is directed to the provisions of Sections 1777.5 and 1777.6 of the Labor Code, concerning the employment of apprentices by the Contractor or any subcontractor under him. The Contractor and any subcontractor under him shall comply with the requirements of said sections in the employment of apprentices. It shall be the Bidder's sole responsibility to evaluate and include the cost of complying. with all labor compliance requirements. Information related to apprenticeship standards and administration of the apprenticeship programs may be obtained from the Department of Industrial Relations, California, or the Division of Apprenticeship Standards and its branch offices.
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SB854/DIR REGISTRATION. Contractors and Subcontractors bidding on a public works project must be registered with the State of California, Department of Industrial Relations. All bidders shall use only registered contractors and subcontractors. No bid will be accepted nor any contract entered into without proof of the Bidder’s and its subcontractors’ current registration with the Department of Industrial Relations. If awarded a contract, Bidder and its subcontractors of every tier shall maintain active registration with the Department of Industrial Relations for the duration of the Project.
SAM.GOV REGISTRATION. Contractors and Subcontractors bidding on a public works project must be registered with SAM.gov. All bidders shall use only registered contractors and subcontractors. No bid will be accepted nor any contract entered into without proof of the Bidder’s and its subcontractors’ current registration on the SAM.gov website. If awarded a contract, the Bidder and its subcontractors of every tier shall maintain active registration with the SAM.gov website for the duration of the Project.
AB44/SUBCONTRACTOR LISTING. If a bidder submits a bid that includes a subcontractor who would be performing work in amount in excess of ½ of 1% of the bidder's total bid or in the case of bids for the construction of streets or highways, including bridges, in excess of ½ of 1% of the bidder's total bid or $10,000, whichever is less, then in addition to the subcontractor's name and business address, the subcontractor's State contractor's license number and DIR registration number must be included as part of the information submitted for that proposed subcontractor. Failure to provide the subcontractor's license and registrations numbers may render the bid nonresponsive.
CITY’S RIGHTS RESERVED. The City reserves the right to reject any or all bids, to waive any informality in a bid, and to make awards in the interest of the City. No bidder may withdraw his bid for a period of ninety (90) days after the bid opening.
LABOR CODE ACKNOWLEDGEMENT. By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in conformance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
PREVAILING WAGE. Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates, including the per diem wages applicable to the work, and for holidays and overtime work, including employer payments for health and welfare, pension, vacation, and similar purposes, in the County of Riverside in which the work is to be done, have been determined by the Director of the Department of Industrial Relations, State of California. These wages are set forth in the General Prevailing Wage Rates for this project, available from the California Department of Industrial Relations' Internet website at www.dir.ca.gov. Future effective prevailing wage rates which have been predetermined and are on file with the California Department of Industrial Relations, are referenced but not printed in the general prevailing wage rates.
DEBARMENT CERTIFICATION. Contractors/Subcontractors are subject to Certification Regarding Debarment, suspension in eligibility and voluntary exclusion. Contractors and sub-contractors are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participating in covered transactions/work funded by City programs.
CALIFORNIA GOVERNMENT CODE SECTIONS 4525-4529.14. The City of San Jacinto and prospect contractors and sub-contractors shall undertake the procedures described in California Government Code 4527(a) and 4528(a).
PUBLIC CONTRACT CODE (PCC) 10300-10334. Project is subject to Public Contract Code (PCC) 10300-10334 (procurement of goods), PCC 10335-10381 (non A&E services), and California Government Code 4525-4529.5 including 4527(a) and 4528(a), and other applicable STATE regulations.
RECORD RETENTION. Contractors must keep project records for a period of five (5) years after project completion.
CONFLICT OF INTEREST. No employee, officer, or agent of the City and/or Consultant shall participate in selection, or in award of administration of a contract supported by City funds, if a conflict of interest, real or apparent, would be involved. Such a conflict arises when: (i) the employee, officer or agent (ii) any member of his immediate family (iii) his or her partner (iv) an organization, which employs or is about to employ, and of the above has a financial or other interest in the firm selected for award.
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NON-LOBBYING CERTIFICATION. The prospective participant must certify, by signing and submitting a bid or proposal, to the best of his or her knowledge and belief, that:
(l) The Proposer, its employees, representatives, agents, consultants, or lobbyists have not engaged in any lobbying activities, as defined by applicable laws, regulations, or policies, directed at any official, employee, or representative of the City of San Jacinto with the intent of securing an unfair advantage, influencing procurement decisions, or otherwise improperly affecting the outcome of this solicitation process.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly.
NON-DISCRIMINATION. Prospective Participants are subject to the statutes and regulations prohibiting discrimination applicable to this project include, without limitation to the following:
Title VI of the Civil Rights Act of 1964 (42 U.S.C. Section 2000d et seq.) and Treasury’s implementing regulations at 31 CFR Part 22, which prohibits discrimination on the basis of race, color, or national origin; The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. Section 3601 et seq.), which prohibits discrimination in housing on the basis or race, color, religion, national origin, sex, familial status, or disability; Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. Section 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance; The Age Discrimination Act of 1975, as amended (42 U.S.C. Section 6101 et seq.), and Treasury’s implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance; and
Title II of the American with Disabilities Act of 1990, as amended (42 U.S.C. Section 12101 et seq.), which prohibit discrimination on the basis of disability under program, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto.
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INSTRUCTIONS TO BIDDERS
REQUEST FOR PROPOSALS FOR CONSTRUCTION OF THE NEW GRAND TREATMENT PLANT
FACILITY AND EQUIPPING OF THE NEW GRAND WELL
IB-1. PROPOSAL. The proposal shall include completed bid schedule and shall be submitted on the forms prepared for this project and shall be filed with Planet Bids. The proposal shall be delivered electronically by the time and to the place stipulated in the Notice Inviting Bids. It is the bidder’s sole responsibility to see that his proposal is received in proper time. Any proposal after the scheduled closing time will not be submitted. The proposal may be withdrawn by the bidder by means of a written request, signed by the bidder, or his properly authorized representative.
The Proposals will be opened and read at the time and place stipulated in the Notice Inviting Bids.
Unauthorized conditions, limitations, or provisions attached to a proposal will render it informal and may cause its rejection. The completed proposal forms shall be without interlineations, alterations, or erasures. Oral, telegraphic, or telephonic proposals or modifications will not be considered.
IB-2. DISCREPANCIES IN PROPOSALS. The bidder shall furnish a price for all bid items in the proposal and failure to do so will render the proposal informal and may cause its rejection. In the event the total indicated for the schedule does not agree with the sum of the prices bid on the individual items, the prices bid on the individual item shall govern and the total for the schedule will be corrected accordingly.
IB-3. EXAMINATION OF PLANS, SPECIFICATIONS, SPECIAL PROVISIONS, AND SITE OF WORK. The bidder shall examine carefully the site of the proposal and the plans and specifications for the work contemplated. It will be assumed that the bidder has investigated and is satisfied with the conditions to be encountered as to the character, quality, and quantities of work to be performed and materials to be furnished and as to the requirements of the specifications. It is mutually agreed that submission of a proposal shall be prima facie evidence that the bidder has made such examinations and is so satisfied. The plans for the work will show conditions as they are supposed or believed by the Engineer to exist but is not intended nor is to be inferred that the conditions as shown thereon constitute a representation by the City or its officers that such conditions are actually existent. Neither the City nor any of its officers shall be liable for any loss sustained by the Contractor as a result of any variance between conditions as shown on the plans and actual conditions revealed during the progress of the work or otherwise. The Contractor is to assume all risks as to natural conditions and contingencies attending the work.
IB-4. CONTRACTOR’S PRE-START REPRESENTATIONS. The Contractor represents that he or she has familiarized himself or herself with the work, the locality and with all local conditions including federal, state and local laws, ordinances, rules and regulations that may in any manner affect performance of the work, and represents that he or she has correlated his or her efforts and observations with the requirements of the Contract Documents and assumes full responsibility for having familiarized himself or herself with the nature and extent of the Contract Documents.
The Contractor shall carefully study and compare the Contract Documents; check and verify pertinent figures shown thereon and verify all applicable field measurements prior to commencing work. He or she shall at once report in writing to the Engineer any conflict, error or discrepancy that he or she may discover. The Contractor shall be responsible for exercising reasonable care and skill in reviewing the Contract Documents to determine whether there is any conflict, error or discrepancy. No claim for additional compensation shall be made by the Contractor for extra work created by conflicts, errors or discrepancies in the Contract Documents that the Contractor should have discovered prior to submitting his or her bid.
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No information derived from inspection of records or investigations or compilations of same made by the City will in any way relieve the Contractor from his or her obligations under the Contract Documents nor entitle the Contractor to any additional compensation. The Contractor will not and agrees not to make any claims against the City based upon ignorance or misunderstanding of any condition of the work site or of the requirements set forth in the Contract Documents.
IB-5. PROPOSAL SUBSTITUTIONS. Any and all requests for substitutions of “an equal” item and all supporting materials shall be submitted to the Engineer at least ten (10) days prior to the bid opening. If no requests for substitutions are received, the Contractor waives any right to request any substitution.
IB-6. INTERPRETATION OF PLANS. If any person contemplating submitting a bid for the proposed contract is in doubt as to the true meaning of any part of the Contract Documents, or finds discrepancies in, or omissions from, these Documents, he or she may submit to the Engineer a written request for an interpretation of correction thereof. Any interpretation or correction of the Contract Documents shall be made only by addendum and provided to each person receiving a set of such documents. The City will only be responsible for explanations or interpretations of the Contract Documents as requested pursuant to and provided for by this paragraph. Any omissions from these Contract Documents not called to the attention of the City shall not affect the validity of the bid process or the contract eventually awarded.
IB-7. PROPOSAL GUARANTEE. Each bid shall be accompanied by a cash deposit, certified or cashier's check or bid bond in the amount of not less than ten (10%) percent of the total amount named in the proposal. Said check or bond shall be made payable to the City of San Jacinto and shall be given as a guarantee that the bidder, if awarded the work, will enter into a contract within ten (10) calendar days after date of written notice of award and will furnish satisfactory Faithful Performance Bond and Labor and Material Bond, each of said bonds to be in the amount stated in the Notice Inviting Bids. In case of refusal or failure to enter into said contract, each check or bond, as the case may be, shall be forfeited to the City. If the bidder elects to furnish a bid bond as his proposal guarantee, he shall use the form furnished by the City, or one conforming substantially to it in form. Additionally, all bids must remain valid and guaranteed for a period of one hundred twenty (120) days from the bid opening date.
Bidder understands that a bid is required for the entire work that the estimated quantities set forth in the bid schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE CITY RESERVES THE
RIGHT TO INCREASE OR DECREASE THE AMOUNT OF ANY QUANTITY SHOWN AND TO
DELETE ANY ITEM FROM THE CONTRACT WITHOUT ANY ADJUSTMENT IN THE CONTRACT UNIT PRICE. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties and fees. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts and words shall govern over figures.
IB-8. IMMIGRATION REFORM AND CONTROL ACT. The successful bidder will be required to comply with all requirements of the Immigration Reform and Control Act of 1986 (“Act”). The successful bidder agrees to defend, indemnify and hold the City harmless from penalties imposed as a result of noncompliance with the Act.
IB-9. CLAYTON AND CARTWRIGHT ACTS. By submitting a bid, the bidder offers and agrees that if the bid is accepted, it will assign the City all rights, titles, and interest in and to all causes of action it may have under § 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2 commencing with § 16700) of Part 2 Division 7 of the Business and Profession Code, arising from purchases of goods, materials or services by the bidder for sale to the City pursuant to the bid. Such assignment shall be made and become effective at the time the City tenders final payment to the bidder.
IB-10. ADDENDA OR BULLETINS. Any addenda or bulletins issued during the time of bidding which form a part of the specifications shall be covered in the bid and shall be made part of the contract.
IB-11. COMPETENCY OF BIDDERS. In selecting the lowest responsible bidder, consideration will be
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given not only to the financial standing but also to the general competency of the bidder for the performance of the work covered by the proposal. To this end, each proposal shall be accompanied by a statement of the bidder's experience as to recent date on the form furnished by the City entitled "INFORMATION REQUIRED OF BIDDER."
No proposal for work will be accepted from a Contractor who is not licensed in accordance with the provisions of Chapter 9, Division 3 of the Business and Professions Code.
All bidders shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State of California Contractor’s license, Class A, at the time of contract award. The successful Contractor and its subcontractors will be required to possess business licenses from the City.
All bidders shall provide their DIR registration numbers in the Information Required of Bidder and the registration number for each listed subcontractor in the Designation of Subcontractors Form. Bidders shall sign and submit with the proposal the Public Works Contractor Registration Certification on the form provided.
IB-12. DISQUALIFICATION OF BIDDERS. More than one proposal form from an individual, firm, partnership, corporation, or 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 contemplated will cause the rejection of all proposals in which such bidder is interested. If there is reason for believing that collusion exists among the bidders, all bids will be rejected and none of the participants in such collusion will be considered for future proposals.
No proposal for work will be accepted from a contractor who is not licensed in accordance with the provisions of the Business and Professions Code; and who do not posses a State Contractor’s license, Class A, at the time of contract award.
IB-13. AWARD OF CONTRACT TO LOWEST RESPONSIVE RESPONSIBLE BIDDER. The award of the Contract, if made by the City through action of the City Council, will be to the lowest responsive responsible bidder, based on the base bid price.
The City reserves the right to add any of the additive Alternates by Contract Change Order at any time during the project up to the last contract working day. The bidder agrees to hold all Additive Alternates constant throughout the duration of the project up to the last contract working day. No additional compensation will be allowed for Alternates added by Contract Change Order beyond the amount shown on the original bid.
IB-14. BID PROTESTS. Bidders may file a protest to another’s bid by complying with the following:
1. The protest must be filed with the City Clerk within seven (7) calendar days after the bid opening.
2. The protest must clearly specify the irregularity in the bid that is being protested or the grounds for the protest.
3. The protest must identify the proposed City action or recommendation that is being protested.
4. The protest must specify in detail the grounds of the protest and all facts supporting the protest.
5. The protest must include all documents supporting the protest.
If the protest does not comply with each of these requirements, it will be invalid. Failure to timely submit a valid protest shall constitute a waiver of any right to relief on the protest.
If the protest meets the aforesaid requirements, the Engineer or his/her designee shall review the basis of the protest and all relevant information. The Engineer will provide a written decision to the protestor.
If the protester or any affected party disagrees with the decision, the decision may be appealed to the City Council. Such appeal shall be heard when the City Council considers the award of the contract.
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Award of a contract, if it is awarded, will be made to the lowest responsive and responsible bidder whose proposal complies with all the requirements prescribed. The City reserves the right to reject any or all bids, to waive any informality in a bid, and to make awards in the interest of the City.
The City may reject any bid which, in its opinion when compared to other bids received, or by the City’s internal estimates, does not accurately reflect the cost to perform the work.
IB-15. RESPONSIVE BIDDER. A responsive bidder shall mean a bidder who has submitted a bid, which conforms in all material respects with the Bid Documents.
IB-16. RESPONSIBLE BIDDER. A responsible bidder shall mean a bidder who has the capability in all respects, to perform fully the requirements of the Contract Documents and the moral and business integrity and reliability, which will assure good faith performance. In determining responsibility, the following criteria will be considered: (i) the ability, capacity and skill of the bidder to perform the Work of the Contract Documents; (ii) whether the bidder can perform the Work of the Contract Documents promptly and within the time specified, without delay or interference; (iii) the character, integrity, reputation, judgment, experience and efficiency of the bidder; (iv) the quality of performance of the bidder on previous contracts, by way of example only, the following information will be considered; (a) the administrative, consultant or other cost overruns incurred by the City on previous contracts with the bidder; (b) the bidder's compliance record with contract general conditions on other projects; (c) the submittal by the bidder of excessive and/or unsubstantiated extra cost proposals and claims on the other projects; (d) the bidder's record for completion of work within the contract time and the bidder's compliance with scheduling and coordination requirements on the other projects; (e) the bidder's demonstrated cooperation with the City and other contractors on previous contracts; (f) whether the work performed and materials furnished on previous contracts were in accordance with the Contract Documents; (v) the previous and existing compliance by the bidder with laws and ordinances relating to contracts; (vi) the sufficiency of the financial resources and ability of the bidder to perform the work of the Contract Documents; (vii) the quality, availability and adaptability of the goods or services to the particular use required; (viii) ability of the bidder to provide future maintenance and service for the warranty period of the Contract; (ix) whether the bidder is in arrears to an owner on debt or contract or is a defaulter on any surety bond; (x) such other information as may be secured by the City having a bearing on the decision to award the Contract, to include without limitation the ability, experience and commitment of the bidder to properly and reasonably plan, schedule, coordinate and execute the Work of the Contract Documents and whether the bidder has ever been debarred from bidding or found ineligible for bidding on any other projects. The purpose of the above is to enable the City in its opinion, to select the bid, which is in the best interests of the City; the ability of the low bidder to provide the required bonds will not of itself demonstrate responsibility of the bidder.
IB-17. RETURN OF PROPOSAL GUARANTEE. Within ten (10) days after award of the contract, the City will return all proposal guarantees to their respective bidder except those accompanying proposals submitted by the three lowest responsible bidders. Those three will be held until the contract has been finally executed after which they will be returned to the respective bidders whose proposal they accompany.
IB-18. EXECUTION OF CONTRACT. The bidder to whom award is made shall execute a written contract with the City on the form of agreement provided, and shall secure all insurance, securities, and bonds required by the Specifications within ten (10) calendar days after date of written notice of award.
Failure or refusal to enter into a contract as herein provided or to conform to any of the stipulated requirements in connection therewith shall be just cause for annulment of the award and the forfeiture of the proposal guarantee. If the successful bidder refuses or fails to execute the contract, the City may award the contract to the second lowest responsible bidder. If the second lowest responsible bidder refuses or fails to execute the contract, the City may award the contract to the third lowest responsible bidder. On the failure or refusal to such second or third lowest bidders to execute the contract, such bidders' guarantee likewise shall be forfeited to the City. The work may then be re-advertised.
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IB-19. NOTICE TO PROCEED. Notice to Proceed will be issued within forty-five (45) days of the execution of the Contract by the City. Should there be reasons why the Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between the City and Contractor. If the Notice to Proceed has not been issued within the forty-five (45) day period or within the period mutually agreed upon, the Contractor may terminate the Contract without further liability on the part of either party.
IB-20. NON-DISCRIMINATION IN EMPLOYMENT. Contracts for work under this proposal will obligate the contractors and subcontractors not to discriminate against any person on account of race, color, religion, physical handicap, medical condition, marital status, age (over 40), sex, or national origins in accordance to 23 CFR Part 230, as included in Appendix A, Section II.
IB-21. WAGE DETERMINATIONS. As required by the California Labor Code, the contractor shall, as a penalty, forfeit to the City twenty-five dollars ($25.00) for each calendar day, or portion thereof, for each workman paid less than the stipulated prevailing rates for such work or craft in which such workman is employed for work done under this contract by him or by any subcontractor under him. In addition, the difference between such stipulated prevailing wage rates and the amount paid to each workman for each calendar day or portion thereof for which each workman was paid less than the stipulated prevailing wage rate, shall be paid to each workman by the Contractor.
IB-22. WORKING HOURS. As required by the California Labor Code, the contractor shall, as a penalty, forfeit to the City twenty-five ($25.00) for each workman employed in the execution of the contract by the contractor or by any subcontractor under him for each calendar day during which such workman is required or permitted to work more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one (1) calendar week, unless such worker received compensation for all hours worked in excess of eight (8) hours per day at not less than 1.5 times the basic rate of pay. No work shall take place within residential and/or business districts on Thanksgiving Week and Christmas Week.
IB-23. INSURANCE REQUIREMENTS. Certificates of insurance in the amounts required shall be furnished by the Contractor to the City and accepted by the City prior to the commencement and throughout the duration of the work. The Contractor and its subcontractors shall maintain insurance in conformance with the requirements set forth below and in the Contract Documents. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth herein, Contractor agrees to amend, supplement, or endorse the existing coverage to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to Contractor or its subcontractors in excess of the limits and coverage identified in this Agreement and which is applicable to a given loss, claim or demand, will be equally available to City.
Until the completion and final acceptance by City of all the work under and implied by this Contract, the work shall be under the Contractor’s responsible care and charge. To the extent permitted by law, 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.
The Contractor shall provide and maintain Builder’s Risk Insurance (course of construction) or an installation floater (for materials and equipment) covering all risks of direct physical loss, damage or destruction to the work in the amount for the completed value of the project, to insure against such losses until final acceptance of the work by City. Such insurance shall insure at least against the perils of fire and extended coverage, theft, vandalism and malicious mischief, and collapse. The policy shall be endorsed with City, its officers, officials, employees, agents, and volunteers named as loss payee, as their interest may appear. The making of progress payments to the Contractor shall not be construed as creating an insurable interest by or for City or be construed as relieving the Contractor or his/her subcontractors of responsibility for loss from any direct physical loss, damage or destruction occurring prior to final acceptance of the work by City.
Without limiting Contractor’s indemnification of City of San Jacinto and prior to commencement of Work,
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Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City:
General liability insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability, and a $4,000,000 completed operations aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. Vendor’s general liability policies shall be primary and shall not seek contribution from the City’s coverage, and be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies.
Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, officials, employees, agents, and volunteers.
Automobile liability insurance. Contractor shall maintain automobile liability insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $2,000,000 combined single limit for each accident.
Umbrella or excess liability insurance. Contractor shall obtain and maintain an umbrella or excess liability insurance that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
• A drop-down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall “follow form” to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies.
Workers’ compensation insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000) for Contractor’s employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor’s employees.
Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, officials, employees, agents and volunteers.
Products/completed operations coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the Policy must include work performed “by or on behalf” of the insured. The policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. The policy shall specifically provide for a duty to defend on the part of the insurer. The City, its officials, officers, employees, agents, and volunteers, shall be included as insureds under the policy. The endorsement shall be
(22-010) B-7
provided for 10 years.
Required insurance policies shall not be cancelled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon City, except ten (10) days shall be allowed for non-payment of premium.
IB-24. Contractor shall be subject to 2 C.F.R. § 200.321 and will take affirmative steps to assure that minority firms, women’s business enterprises, and labor surplus area firms are used when possible and will not be discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award.
Affirmative steps shall include:
Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
• Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;
• Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises;
• Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and • Using the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency (MBDA) of the Department of Commerce.
Contractor shall submit evidence of compliance with the foregoing affirmative steps when requested by the City.
PROPOSAL
(22-010) C-1
PROPOSAL
TO THE CITY COUNCIL
CITY OF SAN JACINTO
SAN JACINTO, CALIFORNIA
The undersigned bidder hereby proposes to furnish all labor, material, equipment, tools and services necessary to perform all work required under the City of San Jacinto Specifications entitled:
CONTRACT DOCUMENTS AND SPECIFICATIONS
FOR
CONSTRUCTION OF THE NEW GRAND TREATMENT PLANT FACILITY AND
EQUIPPING OF THE NEW GRAND WELL
In accordance with the intent of said Specifications, Plans, and all addenda issued by said City prior to opening of the proposals. Said bidder agrees that, within ten (10) calendar days after date of written Notice of Award of the Contract by said City, he will execute a contract in the required form of which the Notice Inviting Bids, Instructions to Bidders, Proposal, Specifications, Plans, and all addenda issued by said City prior to the opening of proposals, are a part, and will secure the required insurance and bonds; and that upon failure to do so within said time, then the Proposal Guarantee furnished by said bidder shall be forfeited to said City as liquidated damages for such failure; provided, that if said bidder shall execute the Contract and secure the required insurance and bonds within said time, his check, if furnished shall be returned to him within five (5) days thereafter, and the Bid Bond, if furnished, shall become void.
Said bidder further agrees to complete all work required under the Contract within the time stipulated in said Specifications, and to accept in full payment therefor the prices named in the Bid Schedule.
Dated: Bidder
Signature
Name (Print/Type)
Title
PROPOSAL
(22-010) C-2
BID SCHEDULE (Attachment B)
PROPOSAL
(22-010) C-3
BID SCHEDULE (Attachment B)
PROPOSAL
(22-010) C-4
* Mobilization shall not exceed 5% of the total bid amount.
Each bidder must bid on each item shown on the Bidder’s Proposal. If any bidder shall make any alteration, interlineations, or deviation in any of the printed matter of the proposal or if the signature of the bidder is incomplete, the bid will be considered informal and it may be rejected.
The unit price bid shall include all sales, use, or other taxes applicable.
All blank spaces appearing above must be filled in. Failure to fill in any blank spaces may render the bid non-responsive. In case of discrepancy between unit prices and item totals, the unit prices shall prevail.
In case of a discrepancy between item totals and the grand total, the item totals shall prevail. The grand total will be subject to adjustment by the City in the event of a discrepancy. The contract award shall be made on the basis of the grand total as described above from among responsive and responsible bidders.
Based on the bids received and the City’s budget at the time of contract award, the City reserves the right to delete items. The estimated quantities for unit price items are for purposes of comparing bids only and the City makes no representation that the actual quantities of work performed will not vary from the estimates.
The Contractor acknowledges receipt of the following addenda issued for the above project. If no addenda have been received, write “none”. FAILURE TO ACKNOWLEDGE RECEIPT OF ANY ADDENDA ISSUED MAY RENDER THE CONTRACTOR’S BID NON-RESPONSIVE.
List of Addenda Received:
PROPOSAL
(22-010) C-5
INFORMATION REQUIRED OF BIDDER
CONSTRUCTION OF THE NEW GRAND TREATMENT PLANT FACILITY AND
EQUIPPING OF THE NEW GRAND WELL
BIDDER NAME: ______________________________________________________ The Bidder is required to supply the following information. Additional sheets may be attached, if necessary. If requested by the City, the Bidder shall furnish a notarized financial statement, references, or other information, sufficiently comprehensive to permit an appraisal of his current financial condition.
1. Address:
2. Telephone: Fax: E-mail:
3. Type of Firm: Individual ( ) Partnership ( ) Corporation ( )
4. Corporation organized under the laws of the State of
5. Contractor’s License: State __________________License No.
6. Names and Titles of all officers of the firm:
7. Number of years of experience in projects of this type
8. List Minimum Three Projects of this type recently completed:
PROJECT
CONTRACT
AMOUNT
COMPLETION
DATE
NAME AND ADDRESS
OF AGENCY
CONTACT PERSON AND
PHONE NUMBER
1 2
3 4
5 PROPOSAL
(22-010) C-6
BID BOND
KNOW ALL PEOPLE BY THESE PRESENTS,
That as Principal, and
as Surety,
are held and firmly bound unto the City of San Jacinto in the sum of:
($ ),
(not less than 10 percent of the total amount of the bid) for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly, by these presents.
WHEREAS, said Principal has submitted a bid to said City to perform all work required under the City’s Specifications entitled:
CONTRACT DOCUMENTS AND SPECIFICATIONS
FOR
CONSTRUCTION OF THE NEW GRAND TREATMENT PLANT FACILITY AND
EQUIPPING OF THE NEW GRAND WELL
If the Principal does not withdraw its bid within the time specified in the Contract Documents; and if the bid is rejected or, in the alternate, the principal is awarded the Contract, signs the Contract and provides all documents to the City as required by the Contract Documents; then this obligation shall be null and void. Otherwise, this bond will remain in full force and effect and upon default of the principal shall be forfeited to the City, it being expressly understood and agreed that the liability of the Surety for any and all default of the principal shall be the amount of this obligation as herein stated, as liquidated damages.
Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents shall affect its obligation under this bond, and Surety does hereby waive notice of any such changes.
IN WITNESS WHEREOF, the above-bound parties have executed this instrument under their several seals this _____day of ______________,20_____ the name and corporate seal of each corporation. (Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal) Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title ______________________________________
PROPOSAL
(22-010) C-7
Surety signatures on this bond must be acknowledged before notary publics, and a legally sufficient power of attorney must be attached to the bond to verify the authority of any party signing on behalf of a surety.
All notices or demands to the surety shall be delivered via first class mail to the following:
PROPOSAL
(22-010) C-8
NON-COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
To the CITY / COUNTY of ________________________________________________________ DEPARTMENT OF PUBLIC WORKS.
In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
Note: The above Non-Collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non-Collusion Affidavit. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
Date Bidder
Authorized Signature
Name (Print/Type)
Title
PROPOSAL
(22-010) C-9
ANTI-TRUST CLAIM
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 ct (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter [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 the Contract or the Subcontract. This assignment shall be made and become effective at the time the Agency tenders final payment to the Contractor, without further acknowledgement by the parties.
RESPECTFULLY SUBMITTED:
Signature Please Print
Title Address
Date
Contractor’s California License No. Type of License
Name of License Holder Expiration Date
THE REPRESENTATIONS MADE HEREIN ARE MADE UNDER PENALTY OF PURJURY.
Federal I.D. No.
(Seal 0 if Bid is by a Corporation)
ATTEST_________________________________
PROPOSAL
(22-010) C-10
CONTRACTOR’S CERTIFICATE REGARDING WORKERS’ COMPENSATION
CONSTRUCTION OF THE NEW GRAND TREATMENT PLANT FACILITY AND EQUIPPING
OF THE NEW GRAND WELL
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract.
Name of Bidder
Signature
Name
Title
Dated ____________________
PROPOSAL
(22-010) C-11
PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
CONSTRUCTION OF THE NEW GRAND TREATMENT PLANT FACILITY AND EQUIPPING OF THE
NEW GRAND WELL
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/Public-Works/PublicWorks.html for additional information.
No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work.
Contractor hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.1
Name of Contractor:____________________________________ DIR Registration Number:________________________________ DIR Registration Expiration:______________________________ Small Project Exemption: _____ Yes or _____ No
Unless Contractor is exempt pursuant to the small project exemption, Contractor further acknowledges:
1. Contractor shall maintain a current DIR registration for the duration of the project.
2. Contractor shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project.
3. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.
Name of Contractor:_____________________________
Signature:_____________________________________
Name and Title:________________________________
Dated:________________________________________
IF THE PROJECT IS EXEMPT FROM THE CONTRACTOR REGISTRATION REQUIREMENTS PURSUANT TO THE SMALL PROJECT EXEMPTION UNDER LABOR CODE SECTIONS 1725.5 AND 1771.1, PLEASE MARK “YES” IN RESPONSE TO “SMALL PROJECT EXEMPTION.”
PROPOSAL
(22-010) C-12
PUBLIC CONTRACT CODE
PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT
In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder has ___, has not ___ been convicted within the preceding three years of any offenses referred to I that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term “bidder” is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1.
Note: The bidder must place a checkmark after “has” or “has not” in one of the blank spaces provided.
The above Statement is part of the Proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may be subject to certifier to criminal prosecution.
PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE
In conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire:
Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes ______ No ______
If the answer is yes, explain the circumstances in the following space.
PROPOSAL
(22-010) C-13
PUBLIC CONTRACT CODE SECTION 10232 STATEMENT
In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two-year period because of the Contractor’s failure to comply with an order of a federal court which orders the Contractor to comply with an order of the national Labor Relations Board.
Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire.
Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
PROPOSAL
(22-010) C-14
DEBARMENT AND SUSPENSION CERTIFICATION
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29
The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager:
Is not currently under suspension, debarment, voluntary exclusion or determination of indelibility by any Federal agency;
Has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years;
Does not have a proposed debarment pending; and
Has not been indicted, convicted, or had a civil judgement rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years.
If there are any exceptions to this certification, insert the exceptions in the following space.
Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action.
Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification.
___________________________________
Signature, Title
PROPOSAL
(22-010) C-15
IRAN CONTRACTING ACT CERTIFICATION.
(Public Contract Code section 2200 et seq.)
As required by California Public Contract Code Section 2204, the Contractor certifies subject to penalty for perjury that the option checked below relating to the Contractor’s status in regard to the Iran Contracting Act of 2010 (Public Contract Code Section 2200 et seq.) is true and correct:
The Contractor is not:
(1) identified on the current list of person and entities engaged in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203; or (2) a financial instruction that extends, for 45 days or more, credit in the amount of $20,000,000 or more to any other person or entity identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203, if that person or entity uses or will use the credit to provide goods or services in the energy sector in Iran.
The City has exempted the Contractor from the requirements of the Iran Contracting Act of 2010 after making a public finding that, absent the exemption, the City will be unable to obtain the goods and/or services to be provided pursuant to the Contract.
The amount of the Contract payable to the Contractor for the Project does not exceed $1,000,000.
Signature:
Printed Name:
Title:
Firm Name:
Date:
Note: In accordance with Public Contract Code Section 2205, false certification of this form shall be reported to the California Attorney General and may result in civil penalties equal to the greater of $250,000 or twice the Contract amount, termination of the Contract and/or ineligibility to bid on contracts for three years.
PROPOSAL
(22-010) C-16
EXECUTIVE ORDER N-6-22 CERTIFICATION.
Executive Order N-6-22 issued by Governor Gavin Newsom on March 4, 2022, directs all agencies and departments that are subject to the Governor’s authority to (a) terminate any contracts with any individuals or entities that are determined to be a target of economic sanctions against Russia and Russian entities and individuals; and (b) refrain from entering into any new contracts with such individuals or entities while the aforementioned sanctions are in effect.
Executive Order N-6-22 also requires that any contractor that: (1) currently has a contract with District funded through grant funds provided by the State of California; and/or (2) submits a bid or proposal or otherwise proposes to or enter into or renew a contract with the District funded by State of California grant funds, certify that the person is not the target of any economic sanctions against Russia and Russian entities and individuals.
The contractor hereby certifies, SUBJECT TO PENALTY FOR PERJURY, that a) the contractor is not a target of any economic sanctions against Russian and Russian entities and individuals as discussed in Executive Order N-6-22 and b) the person signing below is duly authorized to legally bind the Contractor.
This certification is made under the laws of the State of California.
Signature:
Printed Name:
Title:
Firm Name:
Date:
PROPOSAL
(22-010) C-17
FLEET COMPLIANCE CERTIFICATION
Bidder hereby acknowledges that they have reviewed the California Air Resources Board’s policies, rules and regulations and are familiar with the requirements of Title 13, California Code of Regulations, Division 3, Chapter 9, effective on January 1, 2024 (the “Regulation”). Bidder hereby certifies, subject to penalty for perjury, that the option checked below relating to the Bidder’s fleet, and/or that of their subcontractor(s) (“Fleet”) is true and correct:
The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have been attached hereto. The Fleet is exempt from the Regulation under section 2449.1(f)(2), and a signed description of the subject vehicles, and reasoning for exemption has been attached hereto.
Bidder and/or their subcontractor is unable to procure R99 or R100 renewable diesel fuel as defined in the Regulation pursuant to section 2449.1(f)(3). Bidder shall keep detailed records describing the normal refueling methods, their attempts to procure renewable diesel fuel and proof that shows they were not able to procure renewable diesel (i.e. third party correspondence or vendor bids). The Fleet is exempt from the requirements of the Regulation pursuant to section 2449(i)(4) because this Project has been deemed an Emergency, as defined under section 2449(c)(18). Bidder shall only operate the exempted vehicles in the emergency situation and records of the exempted vehicles must be maintained, pursuant to section 2449(i)(4).
The Fleet does not fall under the Regulation or are otherwise exempted and a detailed reasoning is attached hereto.
Signature:
Printed Name:
Title:
Firm Name:
Date:
D-1
(22-010)
CONTRACT AGREEMENT
THIS AGREEMENT, made and entered into as of this _____ day of _______________, 20______ by and between the City of San Jacinto hereinafter called “City” and , hereinafter called “Contractor.”
WITNESSETH: That the parties hereto do mutually agree as follow:
ARTICLE I. For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by said City, said Contractor agrees with said City to perform and complete in a workmanlike manner all work required under the City’s Specifications entitled:
CONTRACT DOCUMENTS AND SPECIFICATIONS
FOR
CONSTRUCTION OF THE NEW GRAND TREATMENT PLANT FACILITY AND EQUIPPING
OF THE NEW GRAND WELL
in accordance with the Specifications and Drawings thereof, to furnish at their own expense all labor, materials, equipment, tools, supplies, transportation, utilities, bonds and insurance, permits and services necessary therefore, except such materials, equipment, and services as may be stipulated in said Specifications to be furnished by said City, and to do everything required by this Agreement and the said Specifications and Drawings.
ARTICLE II. For furnishing all said labor, materials, equipment, tools, and services, furnishing and removing all plant, temporary structures, tools, and equipment, and doing everything required by this Agreement and the said Specifications and Drawings; also for all loss and damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties which may arise during the prosecution of the work until its acceptance by said Owner, and for all risks of every description connected with the work; also for all expenses resulting from the suspension or discontinuance of work, except as in the said Specifications are expressly stipulated to be borne by said City; and for completing the work in accordance with the requirements of said Specifications and Drawings as directed by the Engineer, said City will pay and said Contractor shall receive, in full compensation therefore, the price(s) named in the Proposal.
ARTICLE III. The City hereby employs said Contractor to perform the work according to the terms of this Agreement for price(s) named in the Proposal, and agrees to pay the same at the time, in the manner, and upon the condition as stipulated in the said Specifications; and the said parties for themselves, their heirs, executors, administrators, successors, and assigns, do hereby agree to the full performance of the covenants herein contained.
ARTICLE IV. The Notice Inviting Bids, Instruction to Bidders, Proposal, Information Required of Bidder, the Faithful Performance Bond, the Labor and Material Bond, the General Conditions, Special Provisions, Technical Specifications, Drawings, and all Addenda issued by the City with respect to the foregoing prior to the opening of bids, are hereby incorporated in and made part of this Agreement.
D-2
(22-010)
Precedence of Contract Documents. If there is a conflict between Contract Documents, the highest in precedence shall control. The order of precedence shall be as follows:
1. Permits from other agencies as may be required by law.
2. Special Provisions.
3. Notice Inviting Bids, Instructions to Bidders, and General Specifications.
4. Agreement between City and Contractor.
5. Plans.
6. Standard Plans.
7. Project Manual
8. Standard Specifications.
9. Reference Specifications.
10. Contractor’s Proposal.
Change orders and approved revisions to Plans and Specifications will take precedence over Items 2 through 10 above. Detailed plans shall have precedence over general plans.
ARTICLE V. All time limits stated in the Contract Documents are of the essence of this Agreement. No work, services, materials or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the Contractor by the owner. Notwithstanding the foregoing, the City's said right to cancellation must be exercised not later than 90 days following the bid opening date, and before delivery of a Notice to Proceed to Contractor.
ARTICLE VI. Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all third party claims, liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. Should conflict of interest principles preclude a single legal counsel from representing both City and Contractor, or should City otherwise find Contractor’s legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable legal counsel’s fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
Contractor obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this Agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City.
D-3
(22-010)
ARTICLE VII. No official, officer or employee of the City, or its members of their direct family shall have any interest, direct or indirect, in the contract or the proceeds thereof during his/her tenure with the City or for a period of one year thereafter. The Contractor agrees to indemnify, defend and hold harmless the City, its officials, officers, attorneys and employees from all claims, liabilities, lawsuits, actions, or damages of any type, including without limitation costs of suit and attorneys fees, arising out of any claims, proceedings, lawsuits or actions for injunctive or declaratory relief related to any alleged breach of this requirement, violation of Government Code Section 1090 et seq. or the Political Reform Act (Government Code Section 87100 et seq.).
ARTICLE VIII. Prevailing wages shall be paid and Contractor shall comply with Labor Code Sections 1720 et seq. as well as California Code of Regulations, Title 8, Section 16000 et seq.
Contractor acknowledges the provisions of the State Labor Code requiring every employer to be insured against liability for worker’s compensation, or to undertake self-insurance in accordance with the provisions of that code and certifies compliance with such provisions. Contractor further acknowledges the provisions of the State Labor Code requiring every employer to pay at least the minimum prevailing rate of per diem wages for each craft, classification, or type of workman needed to execute this contract. The State General Prevailing Wage Determination as established by the California Department of Industrial Relations is available at http://www.dir.ca.gov/DLSR/PWD/index.htm and in the Public Works Department at City Hall.
ARTICLE IX. The work required by the Contract Documents must be completed within the time set forth in the Contract, unless adjusted by terms of the Contract Documents. Unless authorized, any other delay shall deprive the City from timely and reasonable use of the project.
Accordingly, the Contractor acknowledges that he or she understands, has ascertained and agrees that he or she shall pay to the City, as liquidated damages, and not as a penalty or forfeiture, the amounts herein set forth for the failure of the Contractor to complete the entire work within the time specified.
ARTICLE X. The Contractor shall promptly, and before the following conditions are disturbed, notify the City in writing of any:
(1) Material that the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.
(2) Latent physical conditions at the site differing from those indicated in the Contract Documents
(3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents.
The City shall promptly investigate the conditions, and if it finds that the conditions so materially differ, or do involve hazardous waste, and cause a decrease or increase in the contractor’s cost of, or the time required for, performance of any part of the work, the City shall issue a change order under the procedures set forth in the Contract Documents.
In the event that a dispute arises between the City and the Contractor whether the conditions D-4
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materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s cost of, or time required for, performance of any part of the work, the Contractor shall not be released from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the Contract. The Contractor shall retain any and all rights provided either by contract or by law that pertain to the resolution of disputes and protests between the contracting parties.
For purposes of this provision, prompt notice shall mean notice seven (7) days from the discovery of the unforeseen conditions or prior to the discovered condition being disturbed, whichever is earlier.
ARTICLE XI. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County Riverside, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S.
District Court, venue shall lie exclusively in the Central District of California, in the County of Riverside, State of California.
ARTICLE XII. Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
ARTICLE XIII. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
ARTICLE XIV. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Contractor shall file a claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
ARTICLE XV. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.
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ARTICLE XVI. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
ARTICLE XVII. This Agreement, including the attachments hereto and documents references herein, is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
ARTICLE XVIII. The Contractor shall maintain accounts and records, including personnel, property, and financial records, adequate to identify and account for all costs pertaining to the contract and such other records as may be deemed necessary by the City to assure proper accounting for all project funds, both federal and non-federal shares. These records will be made available for audit purposes to the City or any authorized representative and will be retained for 4 years after the expiration of this contract, unless permission to destroy them is granted by the City.
ARTICLE XIX. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed as of the day and year first above written.
CONTRACTOR: Company Name: ___________________________________________ Address: __________________________________________________
Phone & Fax No. ___________________________________________
Signed By: ________________________________________________ Print Name & Title: __________________________________________ Contractor's License No. ____________________________________
Class _____________________________________________________ CITY: CITY OF SAN JACINTO
By ___________________________________ (Seal)
Robert A. Johnson, City Manager
ATTEST:
By ____________________________________
Julia Espinoza, City Clerk
Approved as to Form:
By ____________________________________
City Attorney
CONTRACTORS’ SIGNATURES MUST BE NOTARIZED AND THE NOTARY ACKNOWLEDGMENT
MUST SPECIFY THAT THE SIGNER OF THE AGREEMENT IS AUTHORIZED TO EXECUTE THE AGREEMENT. THE CITY’S ATTORNEY SHALL DETERMINE THE SUFFICIENCY OF CONTRACTOR’S SIGNATURES, AND MAY REQUIRE NOTARIZED SIGNATURES FROM TWO OFFICERS IN THE EVENT THAT CONTRACTOR IS A CORPORATION.
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FAITHFUL PERFORMANCE BOND
KNOW ALL MEN THESE PRESENT,
THAT WHEREAS, the City of San Jacinto (hereinafter referred to as “City”) has awarded to ____________________, (hereinafter referred to as the “Contractor”) _______________________ an agreement for Construction Of The New Grand Treatment Plant Facility And Equipping Of The New Grand Well (hereinafter referred to as the “Project”).
WHEREAS the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, _______________, the undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of ___________________________ DOLLARS, ($____________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officers and agents, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15.
Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
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1. Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
2. Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
3. Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code.
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IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__).
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal) Surety
By
Attorney-in-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety)
(Name and Address of Agent or Representative for service of process in California, if different from above)
(Telephone number of Surety and Agent or Representative for service of process in California) NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”) appeared , who proved to me on the basis of satisfactory Name(s) of Signer(s)
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ☐ Individual
☐ Corporate Officer
Title(s) Title or Type of Document
☐ Partner(s) Limited
General Number of Pages
☐ Attorney-In-Fact
☐ Trustee(s)
☐ Guardian/Conservator Date of Document
☐ Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.
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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”) appeared , who proved to me on the basis of satisfactory Name(s) of Signer(s)
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ☐ Individual
☐ Corporate Officer
Title(s) Title or Type of Document
☐ Partner(s) Limited
General Number of Pages
☐ Attorney-In-Fact
☐ Trustee(s)
☐ Guardian/Conservator Date of Document
☐ Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of Attorney to local representatives of the bonding company must also be attached D-12
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LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of San Jacinto (hereinafter designated as the “City”), by action taken or a resolution passed ___________ , 20____has awarded to ________________ hereinafter designated as the “Principal,” a contract for the work described as follows:
___________________________________________________ (the “Project”); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated __________________ (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of ________________________________________ Dollars ($___________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified.
This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to D-13
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those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal) Surety
By
Attorney-in-Fact
Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so much be attached hereto.
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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”) appeared , who proved to me on the basis of satisfactory Name(s) of Signer(s)
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ☐ Individual
☐ Corporate Officer
Title(s) Title or Type of Document
☐ Partner(s) Limited
General Number of Pages
☐ Attorney-In-Fact
☐ Trustee(s)
☐ Guardian/Conservator Date of Document
☐ Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.
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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”) appeared , who proved to me on the basis of satisfactory Name(s) of Signer(s)
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ☐ Individual
☐ Corporate Officer
Title(s) Title or Type of Document
☐ Partner(s) Limited
General Number of Pages
☐ Attorney-In-Fact
☐ Trustee(s)
☐ Guardian/Conservator Date of Document
☐ Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached.
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GENERAL SPECIFICATIONS
CONSTRUCTION OF THE NEW GRAND TREATMENT PLANT FACILITY AND EQUIPPING
OF THE NEW GRAND WELL
SCOPE OF WORK
The work to be done consists of furnishing all labor, materials, tools, equipment, and incidentals as required by the Plans (Appendix A), Specifications, and Contract Documents. The general description of work is:
The scope of work includes the construction of the Grand Treatment Plant and all associated tasks required to make it fully operational, as well as the equipping of the existing Grand Well. All work shall be performed in accordance with the project plans and specifications.
No overnight closures will be allowed. Access to existing residential and farms shall be maintained at all times.
LOCATION OF WORK
The work will be performed at 901 Industrial Way San Jacinto CA, 92582, commonly referred to as the Grand Well site.
TIME OF COMPLETION
Time is of the essence in the performance of the work. The work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all work required by the Contract Documents within 400 working days from the commencement date stated in the Notice to Proceed, herein after the Contract Time.
The Contractor shall comply with the prosecution of work as specified in Section 6-2 of these Special Provisions; otherwise, liquidated damages will be applicable for each individual item of work.
HOURS OF WORK
The Contractor shall restrict working hours to 7:00 AM to 5:00 PM, Monday through Friday, excluding all holidays. No work shall be performed on holidays observed by the City without prior approval.
LIQUIDATED DAMAGES
It is understood that the City will suffer damage, and that it is and will be difficult and/or impossible to ascertain and determine the actual damage which the City will sustain in the event of and by reason of Contractor’s failure to complete the work within the specified time for completion. It is therefore agreed that Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum stipulated for each day of delay until the work is fully E-2
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completed. Contractor and its surety shall be liable for any liquidated damages. Any money due or to become due the Contractor may be retained to cover liquidated damages. Accordingly, as provided in Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $1,000.00 for each and every calendar day of delay in completing the Work beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event the Liquidated Damages are not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract.
PAYMENT FOR DELAYS
Consistent with Public Contract Code Section 7102, the Contractor will be compensated for damages incurred due to delays for which the City is responsible. The parties agree that determining Contractor’s exact delay damages are and will continue to be impracticable and extremely difficult to determine. As such, for each calendar day in excess of the time specified for completion of the work, as adjusted in accordance with Section 6-6 of the Special Provisions, the City shall pay to the Contractor agreed and negotiated amount as determined by City. Such amount shall constitute the only payment allowed for any City caused delays and shall necessarily include all overhead, all profits, all administrative costs, all bond costs, all labor, materials, equipment and rental costs and any other costs, expenses and fees incurred or sustained as a result of such delays.
TRAFFIC REQUIREMENTS
The Contractor’s attention is directed to Section SP-1-7.10 of the Standard Provisions for the traffic requirements and SP-4-4.00 for the traffic control requirements. Unless otherwise specified, payment for furnishing all labor, materials, equipment, and incidental for providing and maintaining traffic control shall be considered as included in the lump sum bid items and no additional compensation will be made therefore. On residential streets at least one lane shall be made available to the public. The Contractor shall offer the least obstruction and inconvenience to public traffic and residential driveways in the construction area. Access to all driveways shall be available by 5:00 pm Monday through Friday.
PERMITS
The Contractor shall be solely responsible for obtaining and paying for any permits that may be required by outside agencies, including Business License for all subs.
STANDARD SPECIFICATIONS AND PLANS
The Standard Specifications of the City are contained in the 2015 Edition of the Standard Specifications for Public Works Construction, including any supplements, as written and promulgated by Public Works Standards, Inc. Copies of these Standard Specifications are available from the publisher, BNI Building News, 990 Park Center Drive, Suite E, Vista, California 92081; telephone: 760-734-1113.
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EMERGENCY INFORMATION
The names, addresses, and telephone numbers of the Contractor and subcontractors, or their representatives, shall be filed with the Engineer and the County Sheriff’s Department or the City Police Department prior to beginning work.
ANTITRUST CLAIMS
The Contractor’s attention is directed to the following provisions of California Government Code, Sections 4552, 4553 and 4554, which shall be applicable to the Contractor and his or her Subcontractors:
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 under 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 by the Contractor or Subcontractor pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor, without further acknowledgement by the parties.
If the City receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the City any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assigner but were not paid by the City as part of the bid price, less the expenses incurred in obtaining that portion of the recovery.
Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action.
GIS COMPATIBILITY
GIS Data Deliverable Requirements
Data Schema: Prior to creating GIS data, the vendor must obtain specific data schema requirements from the City.
Format: ArcGIS Geodatabase (preferred) or Shapefiles.
Horizontal Projection: NAD 1983 StatePlane California VI FIPS 0406 (US Feet) EPSG 2230.
Metadata: Description, summary, and tags are required for all GIS datasets.
Approval: City’s GIS team must review all GIS products prior to City’s acceptance.
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Surveys: The City requires all CAD drawings and/or DWG files be delivered in a georeferenced format. The horizontal projection must the State Plane Coordinate System (CCS83, Zone 11) and the vertical datum must be NAVD88 datum. All survey points are the within ½ (one half) inch horizontal accuracy and 1-1/4 (one and one quarter) inch vertical accuracy. If site conditions preclude this level of accuracy, Contractor must contact the City prior to commencement of work.
General CAD Drawings: City requires all CAD drawings and/or DWG files to be delivered in a georeferenced format and in Engineering Scale (not Architectural Scale). The horizontal projection must be State Plane Coordinate System (CCS83, Zone 11) and the vertical datum must be NAVD88 datum. “As-built” or any design changes are to be recorded and reported to the City. These changes must be reflected in post-production GIS products ArcGIS Online: If GIS deliverables are exchanged through ESRI’s ArcGIS Online platform, access to hosted layers or apps are to be made available to City’s GIS Coordinator. ArcGIS username fkhan_sanjacintoca.
PREVAILING WAGES
Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the California Labor Code Section 1773.2, the minimum prevailing rate of per diem wages for each craft, classification, or type of worker needed to execute the Contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file in the Public Works Department at City Hall and are available to any interested party on request. The Contractor shall have affirmative obligations to verify that all subcontractors are currently and validly registered with the Department of Industrial Relations and shall not permit a subcontractor of any tier to perform work on the project without first verifying the subcontractor’s registration. The Contractor shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain valid registration for the duration of the Project.
Pursuant to Labor Code section 1776, Contractor and all subcontractors shall maintain weekly certified payroll records, showing the names, addresses, Social Security numbers, work classifications, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by them in connection with the Work under this Contract. Contractor shall certify under penalty of perjury that records maintained and submitted by Contractor are true and accurate. Contractor shall also require subcontractor(s) to certify weekly payroll records under penalty of perjury. In accordance with Labor Code section 1771.4, the Contractor and each subcontractor shall furnish the certified payroll records directly to the Department of Industrial Relations on a weekly basis and in the format prescribed by the Department of Industrial Relations, which may include electronic submission. Contractor shall comply with all requirements and regulations from the Department of Industrial Relations relating to labor compliance monitoring and enforcement.
Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its E-5
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officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.
TRENCHING REQUIREMENTS
The Contractor shall comply with the following provisions of the Labor Code, to the extent applicable:
Labor Code Section 6705
No contract for public works involving an estimated expenditure in excess of twenty-five thousand dollars ($25,000), for the excavation of any trench or trenches five feet or more in depth, shall be awarded unless it contains a clause requiring submission by the contractor and acceptance by the awarding body or by a registered civil or structural engineer, employed by the awarding body, to whom authority to accept has been delegated, in advance of excavation, of 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. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.
Nothing in this section shall be deemed to allow the use of a shoring, sloping, or protective system less effective than that required by the Construction Safety Orders.
Nothing in this section shall be construed to impose tort liability on the awarding body or any of its employees.
The terms “public works” and “awarding body”, as used in this section, shall have the same meaning as in Sections 1720 and 1722, respectively, of the Labor Code.
Labor Code Section 7104
Any public works contract of a local public entity which involves digging trenches or other excavations that extend deeper than four feet below the surface shall contain a clause which provides the following:
(a) That the contractor shall promptly, and before the following conditions are disturbed, notify the local public entity, in writing, of any:
(1) Material that the contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. (2) Subsurface or latent physical conditions at the site differing from those indicated by information about the site made available to bidders prior to the deadline for submitting bids. (3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract.
(b) That the local public entity shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the contractor's cost of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in the contract. (c) That, in the event that a dispute arises between the local public entity and the contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time required for, performance of any part of the work, the contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. The contractor E-6
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shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties.
PROVISIONS REQUIRED BY LAW DEEMED INSERTED
Each and every provision of law and clause required by law to be inserted in this contract shall be deemed to be inserted herein, and the contract shall be read and enforced as though it were included herein. If through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon application of either party, the contract shall forthwith be physically amended to make such insertion or correction.
CALIFORNIA AIR RESOURCES BOARD REGULATIONS
To the extent applicable, Contractor, shall comply, and shall ensure all Subcontractors comply, with all requirements of the most current version of the California Air Resources Board (“CARB”) including, without limitation, all applicable terms of Title 13, California Code of Regulations Division 3, Chapter 9 and all pending amendments (“Regulation”).
Throughout the Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor’s and subcontractors’ fleet including, without limitation, the CRCs, fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days’ notice from City.
Contractor shall be solely liable for any and all costs associated with complying with the Regulation as well as for any and all penalties, fines, damages, or costs associated with any and all violations, or failures to comply with the Regulation. Contractor shall defend, indemnify and hold harmless the City, its officials, officers, employees and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Regulation.
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GENERAL PROVISIONS
SECTION 1 - TERMS, DEFINITIONS, ABBREVIATIONS AND SYMBOLS 1-1 DEFINITIONS
AGENCY: City of San Jacinto
Board: City Council of the City of San Jacinto
Caltrans or Department: State of California, Department of Transportation County: Riverside
Chief Operator (Water) Water Utilities Superintendent
Engineer: Civiltec
Laboratory: The laboratory to be designated by the Engineer to test materials and work involved in the contract.
Notice to Contractors: Notice Inviting Bids
Federal: United States of America
State: State of California
Contractor: The word Contractor is supplemented by adding thereto the following:
The term Contractor means the Contractor as defined
herein or his Authorized Representative.
SECTION 2 - SCOPE AND CONTROL OF THE WORK
2-1 AWARD AND EXECUTION OF CONTRACT
Within 10working days after the date of the AGENCY’S Notice of Award, the Contractor shall execute and return the following Contract Documents to the AGENCY:
Agency's Contract Agreement
Faithful Performance Bond
Labor and Material Bond
Comprehensive General Liability Insurance Certificate & Endorsements Auto Insurance Certificate & Endorsement
Worker’s Compensation Insurance Certificate
W-9 Form
City Business License issued by the AGENCY (no cost to Contractor) Encroachment Permit issued by the AGENCY (no cost to Contractor) Failure to comply with the above will result in annulment of the award and forfeiture of the Proposal Guarantee.
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The Contract Agreement shall not be considered binding upon the AGENCY until executed by the authorized AGENCY officials.
A corporation to which an award is made may be required, before the Contract Agreement is executed by the AGENCY, to furnish evidence of its corporate existence, of its right to enter into contracts in the State of California, and that the officers signing the Contract and bonds for the corporation have the authority to do so.
2-2 SUBCONTRACTS
2-2.1 General.
Prior to Award of Contract, the otherwise qualifying low bidder shall submit a list of all subcontractors intended to perform work on the project. This list shall include the name and location of the place of business each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the Plans and Specifications, in an amount in excess of one-half of one percent of the prime contractors total bid. The prime contractor shall provide a description by bid item number or otherwise fully designated the portion of work to be performed by each subcontractor. 2-3 CONTRACT BONDS
The Material and Labor Bond shall remain in force until 60 days after the date of recordation of the Notice of Completion.
The Contractor shall provide the following supplemental information for each bond as required herein.
a. Surety company or agency name providing bond.
b. Name of agent.
c. The business address of the surety company and/or agency and agent. d. The business telephone number of the surety company and/or agency and agent.
All sureties shall be admitted surety insurers authorized to do business in the State of California by the Insurance Commissioner. Should the City object to the sufficiency of the insurer or surety the Contractor shall immediately deliver to the City the following documents:
a. A copy of the “Certificate of Authority” of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California; or
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b. A certificate from the Clerk of the County of Riverside that the “Certificate of Authority” of the Insurer or Surety has not been surrendered, revoked, canceled, annulled, or suspended or, in the event the “Certificate of Authority” of the Insurer or Surety has been suspended, that renewed authority has been granted.
Failure of Contractor to timely deliver these documents shall require the City to refrain from entering the agreement, as Contractor will be deemed to have failed to ensure the sufficiency of the Insurer or Surety to the satisfaction of the City, as required by the provisions of the Bond and Undertaking Law, Code of Civil Procedure 995.660.
2-4 PLANS AND SPECIFICATIONS
2-4.1 General. The Contractor shall maintain a control set of Plans and Specifications on the project site at all times. All final locations determined in the field, and any deviations from the Plans and Specifications, shall be marked in red on this control set to show the as-built conditions. Upon completion of all work, the Contractor shall return the control set to the Engineer. Final payment will not be made until this requirement is met.
2-4.2 Examination of Contract Documents. The bidder shall examine carefully the entire site of the work, including but not restricted to the conditions and encumbrances related thereto, the Plans and Specifications, and the Proposal and Contract forms therefore. The submission of a bid shall be conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and scope of the work to be performed, the quantities of material to be furnished and as to the requirements of the proposal, Plans, Specifications, and the Contract. 2-5 SURVEYING
2-9.3 Survey Service. Subsection 2-9.4, Survey Service is amended by adding thereto the following:
The Contractor shall be responsible for providing survey service including, but not limited to, survey control, construction staking, and cut sheets, to complete the scope of work.
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2-6 INSPECTION
Inspectors work from 7:00 a.m. until 5:00 p.m., Monday through Friday.
Inspections outside these hours may be available through appointments approved by City Engineer only, and inspector's time will be billed to the contractor at the pre-determined rate. This does not apply for work the plans specifically call out to take place outside of these hours.
SECTION 3 - CHANGES IN WORK
3-1 EXTRA WORK
3.1.1 Extra Work: Definition and Notice
When work is not covered by the Contract Unit Prices, Stipulated Unit Prices or is outside the scope of work on the Contract, such work shall be classified as Extra Work. Written notice of such Extra Work shall be provided by the Contractor to the Agency as follows:
If due to unknown subsurface or latent physical conditions, within seven (7) working days of the discovery of such Extra Work, or prior to the alterations of the conditions, whichever is earlier.
If due to any reason, within seven (7) working days of the discovery of Extra Work.
Such written notice shall describe the Extra Work, shall specify when the Contractor became aware of the Extra Work and shall describe why the work qualifies as Extra Work. Such written notice shall be accompanied by all thenavailable information and documents supporting the Contractor’s position that the work qualifies as Extra Work. As updated or additional information becomes available to the Contractor, it shall provide such information to the Agency.
If Contractor believes a price adjustment is warranted due to Extra Work, then within twenty-one (21) days from providing the notice of Extra Work and prior to incurring any expense, Contractor shall submit a request for a change order. The change order request shall identify the amount of the adjustment and contain all supporting documentation for the proposed changes, including but not limited to data showing the hours worked, cost estimates, invoices, and schedules. If any added costs or information cannot be determined at the time of the change order request, Contractor shall identify the reason the costs or information cannot be determined. For any costs or information that cannot be determined at the time Contractor submits the change order request, Contractor shall submit to City notice of the costs or information and all supporting documentation within three (3) days of when the costs or information become subject to determination.
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Failure by Contractor to provide timely notice and request where required by this article shall constitute a waiver by Contractor of the right to a price adjustment on account of such circumstances and a waiver of any right to further recourse or recovery by reason by means of the claims dispute resolution process or by any other legal process otherwise provided for under applicable laws.
If the request for Extra Work includes a request for an extension of time and/or a payment for delay, then Contractor shall comply with section 6-6. A request for an extension of time or payment for delay that is related to Extra Work must be made concurrently with the change order request for Extra Work or Contractor will be deemed to waive its right to any extension of time or payment for delay. 3-1.2 Payment.
3-3.2.1 General. Payment for extra work by cost plus a differential for labor, materials and equipment shall be considered payment under force account basis. The labor, materials and equipment provided shall be subject to the approval of the Engineer and Water Utilities Superintendent and compensation will be determined as provided herein. 3-3.2.2 Basis of Establishing Costs.
Subsection 3-3.2.2(a) is hereby deleted and replaced with the following:
3-3.2.2.(a) Labor.
The Contractor will be paid the cost of labor for the workmen, used in the actual and direct performance of the work. No payment shall be made for any direct or indirect supervision by Contractor personnel. Direct and indirect supervision shall be considered as included in the overhead and mark up and no additional compensation will be made therefor. The cost of labor, whether the employer is the Contractor, subcontractor or other forces will be the sum of the following:
3-3.2.2.(a).1 Actual Wages. The actual wages paid shall include any employer payments to or on behalf of the workmen for health and welfare, pension, vacation and similar purposes.
3-3.2.2.(a).2 Labor Surcharge. To the actual wages, as defined in Section 3-3.2.2.(a).1, will be added a labor surcharge set forth in the Department of Transportation publication entitled “Labor Surcharge and Equipment Rental Rates,” which is in effect on the date upon which the work is accomplished and which is a part of the contract. Said labor surcharge shall constitute full compensation for all payments imposed by State and Federal laws and for all other payments made to, or on behalf of, the GP-6
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workmen, other than actual wages as defined in Section 3-
3.2.2.(a).1 and subsistence and travel allowance as specified in Section 3-3.2.2.(a).3.
3-3.2.2.(a).3 Subsistence and Travel Allowance. The actual subsistence and travel allowance paid to such workmen.
The first sentence of Subsection 3-3.2.2(c) is hereby deleted and replaced with the following:
1. No payment will be made for the use of tools which
have a replacement value of $1,000 or less.
3-3.2.3 Markup.
(a) Work by Contractor. The following percentage shall be added to the Contractor’s costs and shall constitute the markup for all supervision and management (direct or
indirect); home office and field overhead and all profits, which shall be deemed to include all items of expense not specifically designated as cost or equipment rental in
Sections 3-3.2.2(a) and 3-3.2.2(b), “Materials,” and 3-
3.2.2(c), “Equipment Rental.”
Labor 5
Materials 5
Equipment Rental 5
Other Items and Expenditures 5
To the sum of the costs and markups provided for in this subsection, a maximum of one percent (1%) for each
adjusted bond shall be added as compensation for bonding upon proof of actual payment to the sureties.
(b) Work by Subcontractor. When all or any part of the extra work is performed by a subcontractor, the markup
established in Subsection 3-3.2.3(a) shall be applied to the subcontractor’s actual cost of such work, to which a
markup of 5 percent of the subcontracted portion of the extra work may be added by the Contractor.
3-6 NOTICE TO SURETIES
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The Contractor shall notify his sureties and the carriers of the insurance furnished and maintained by him of any changes affecting the general scope of the work or change in the contract price, or time, or a combination thereof, and the amount of the applicable bonds and the coverage of the insurance shall be adjusted accordingly. The Contractor shall furnish proof of such adjustments to the owner.
SECTION 4 - CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP
4-1.1 General. The Contractor and all subcontractors, suppliers, and vendors, shall guarantee that the entire work will meet all requirements of this contract as to the quality of materials, equipment, and workmanship. The Contractor, at no cost to the AGENCY, shall make any repairs or replacements made necessary by defects in materials, equipment, or workmanship that become evident within two (2) years after the date of Final Completion and Acceptance. Within this 2-year period, the Contractor shall also restore to full compliance with requirements of this contract any portion of the work, which is found to not meet those requirements. The Contractor shall hold the AGENCY harmless from claims of any kind arising from damages due to said defects or noncompliance. The Contractor shall make all repairs, replacements, and restorations within 14 days after the date of the AGENCY’S written notice. 4-1.2 Test of Materials. Except as specified elsewhere, the AGENCY will bear the cost of testing material and/or workmanship which meet or exceed the requirements indicated in the Standard Specifications and the Special Provisions.
The cost of all other tests, including the retesting of material or workmanship that fails to pass the first test, shall be borne by the Contractor. 4-1.3 Certification. A Certificate of Compliance shall be furnished prior to the use of any materials for which these specifications or special provisions require that such a certificate be furnished. In addition, when authorized in these specifications or in the special provisions, the AGENCY may permit the use of certain materials or assemblies prior to sampling and testing if accompanied by a Certificate of Compliance. The certificate shall be signed by the manufacturer of the material or the manufacturer of assembled materials and shall state that the materials involved comply in all respects with the requirements of the Specifications. A Certificate of Compliance shall be furnished with each lot of material delivered to the work and the lot so certified shall be clearly identified in the certificate.
All materials used based on a Certificate of Compliance may be sampled and tested at any time. The fact that material is used on the basis of a Certificate of Compliance shall not relieve the Contractor of responsibility for incorporating material in the work which conforms to the requirements of the Plans and GP-8
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Specifications, and any such material not conforming to such requirements will be subject to rejection whether in place or not.
The AGENCY reserves the right to refuse to permit the use of material on the basis of Certificate of Compliance. The form of the Certificate of Compliance and its disposition shall be as directed by the Engineer.
4-1.4 Trade Names or Equals. Approval of equipment and materials offered as equivalents to those specified must be obtained prior to the opening of bids as set forth in the Instruction to Bidders.
SECTION 5 – UTILITIES
5-1 LOCATION.
The Contractor shall comply with the provisions of Section 4216 of the California Government Code, which requires the Contractor to contact Underground Service Alert of Southern California (USA) at 1(800) 422-4133 at least 2 working days but not more than 14 calendar days prior to performing any excavation or drilling. Caltrans is not a member of this regional notification center. The Contractor shall contact Caltrans for the location of Caltrans' substructures when working in or near Caltrans' right-of-way.
If practical, the Contractor shall delineate with white paint or other suitable markings any area to be excavated. If the Contractor determines that this is not practical because the markings may confuse or mislead motorists or for other reasons, it shall contact USA to advise the utility owners that the area to be excavated will be identified in another manner sufficient to enable the utility owner to determine the area of the excavation.
Where underground distribution conduits for water, gas, sewer, electric power, telephone, cable television, or other utilities are present, the Contractor, for the purpose of preparing a bid, shall assume that every property parcel will be served by a service connection for each type of utility.
The Agency may arrange for and conduct a preconstruction meeting between the Contractor, the Engineer, and the utility companies to discuss scheduling, coordination of any required utility relocations, and the protection of existing utilities. The Contractor shall attend any preconstruction meeting scheduled by the Agency and shall cooperate with all utility owners performing utility relocation or installation work on the Work site.
Where water lines exist, at each angle point, cross connection and "T" connection, the Contractor, for bidding purposes, shall assume the existence of a concrete thrust block located such as to resolve thrust loads. Any and all costs resulting from the existence of a thrust block, including costs for its removal and restoration, if required, shall be deemed as being included in the prices bid for the various items of work.
The Contractor shall determine the location and depth of all utilities, including service connections, which have been marked by the respective utility owner and which may affect or be affected by its operations prior to the start of any mainline or lateral trench construction. Any utility found to be mis-marked (not within 2') as indicated) must be located by the utility owner.
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The Engineer OR AGENCY may, at their discretion, require one or more exploratory excavations to be dug prior to any trenching to be performed, or in advance of other construction operations to confirm the location of utilities. Exploratory excavations ordered by the Engineer or AGENCY shall be paid for at the unit bid price for additional pothole, including backfilling and restoration of pavement or concrete.
The commencement of exploratory excavations for storm drain and sewer construction shall be in accordance with Section 6-1, as amended.
The Contractor shall determine the location of all subsurface installations, except for non-pressurized sewer lines and storm drains by excavating with hand tools within the approximate area of subsurface installations as determined by the field markings provided by the utility owners before using any power-operated or power-driven excavation or boring equipment within the approximate location of the subsurface installation. However, power-operated or power-driven excavating or boring equipment may be used for the removal of any existing pavement if there are no subsurface installations contained in the pavement. If mutually agreed to by the utility owner and the Contractor, the Contractor may utilize power-operated or power-driven excavating or boring equipment within the approximate location of a subsurface installation and to any depth. After the utility has been located, its position shall be recorded by the Contractor. The hole shall then be backfilled and any pavement or concrete removed shall be restored in accordance with Subsection 306-1.3, as amended and Subsection 306-1.5, as amended. The Contractor shall submit copies of the recorded utility information to the Engineer.
If no pay item is specifically provided in the Contract of bid items for utility location work, full compensation for such work shall be considered as included in the prices bid for other items of work.
5-2 RELOCATION
When not otherwise required by the Plans and Specifications and when directed by the Engineer, the Contractor shall arrange for the relocation of service connections, as necessary, between the meter and property line, or between the meter and limits of construction.
5-3 DELAYS
The Contractor will not be entitled to damages or additional payment for delays attributable to utility relocations or alterations if correctly located, noted and completed in accordance with Subsection 5-1. The Contractor shall ascertain further detailed information to coordinate his work to this effect.
All notification of utility companies shall be by the Engineer based on Contractor’s request as submitted to the Engineer at least 24 hours in advance of the needed work.
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to the Contractor, if these costs are a result of the Contractor’s request being untimely in any respect, except for the utility company not responding at their agreed time.
SECTION 6 - PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK
The Contractor’s proposed construction schedule and traffic control plans shall be submitted to the Engineer within 10-working days after the date of the AGENCY’S execution of the Contract Agreement. The schedule shall be supported by written statements from each supplier of materials or equipment indicating that all orders have been placed and acknowledged and setting forth the dates that each item will be delivered.
The construction schedule shall use computerized Critical Path Method (CPM) scheduling and shall submit it for the City’s review. The schedule shall indicate the beginning and completion dates of all phases of construction; critical path for all critical, sequential time related activities; and “float time” for all “slack” or “gaps” in the non-critical activities. The schedule shall allow enough time for inclement weather. The schedule shall clearly identify all staffing and other resources which in the Contractor’s judgment are needed to complete the Work within the Contract Time. The schedule should clearly state the number of staff to be used on each daily segment of the Work. Schedules indicating early or late completion shall not modify or have any effect on the Contract Time, regardless of whether the schedules are reviewed and/or accepted by the City.
For purposes of determining liquidated damages or payments for delay (reverse liquidated damages), the Contract Time shall control and may only be altered by a duly authorized change order.
Prior to issuing the Notice to Proceed with the Work, the Engineer will schedule a preconstruction meeting with the Contractor to review the proposed construction schedule and delivery dates, arrange utility coordination, discuss construction methods, and clarify inspection procedures.
The Contractor shall submit progress reports to the Engineer by the 10th day of each month. The report shall include an updated Construction Schedule. Any deviations from the original schedule shall be explained. Progress payments will be withheld pending receipt of any outstanding reports. Failure to submit the updated progress report may result in the withholding of ten percent (10%) of the progress payment.
The receipt, review, or acceptance of any schedules by the City shall not in any way relieve the Contractor of its obligations under the Contract Documents, nor shall it modify the Contract Time. The Contractor is fully responsible to determine and provide for any and all staffing and resources at levels which allow for the required quality and timely completion of the Work. Contractor’s failure to incorporate all elements of Work or any inaccuracy in the schedule shall not excuse the Contractor from performing all of the required Work within the Contract Time.
6-2 DELAYS AND EXTENSIONS OF TIME
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If the Contractor desires payment for a delay as specified in Subsection 6-6.3 of the Standard Specifications, he shall notify the Engineer, in writing, within 7 days of beginning of the delay. If the Contractor desires an extension of time as specified in Subsection 6-6.2 of the Standards Specifications, he shall notify the Engineer, in writing, within 7 days of beginning of the delay. Such notice shall specify the nature of the delay, cause, and the conditions which set the beginning time for the delay.
If the Contractor desires an extension of time or payment for a delay, or both, then within twenty-one (21) days from providing the notice of delay Contractor shall submit a change order request for an adjustment to the price and/or time.
The change order Request shall identify the amount of the adjustment to the price or the time, or both, and shall contain all supporting documentation for the proposed changes, including but not limited to a time impact analysis showing the impact of the underlying facts and circumstances to the critical path. City may request, and Contractor shall provide, any additional information supporting the change order request, including but not limited to native electronic format version of schedules and time impact analyses. If any added costs or information cannot be determined at the time of the change order request, Contractor shall identify the reason the costs or information cannot be determined. For any costs or information that cannot be determined at the time Contractor submits the change order request, Contractor shall submit to City notice of the costs or information and all supporting documentation within three (3) days of when the costs or information become subject to determination.
Requests for an extension of time or payment for a delay must be made concurrently with any request for a change order related to Extra Work.
Requests for additional adjustments to time after a change order request for payment for Extra Work is submitted will be invalid, and Contractor will be deemed to have waived the right to a time extension or payment for delay.
Failure by Contractor to provide timely notice and request where required by this article shall constitute a waiver by contractor of the right to an extension of time or payment for a delay, and shall constitute a waiver of any right to further recourse or recovery by means of the claims dispute resolution process or by any other legal process otherwise provided for under applicable laws. 6-3 TIME OF COMPLETION
6-3.1 General. The time for completion shall be as noted in the General Specifications. The contract time will continue to run until all contract and punch list work are completed.
6-3.2 Working Day. In general, the Contractor’s activities shall be confined to the hours between 7:00 a.m. and 5:00 p.m., Monday through Friday, excluding GP-12
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holidays. Days designated as holidays by the AGENCY include: Memorial Day; Independence Day; Labor Day; Columbus Day; Veteran’s Day; Thanksgiving Day; Day After Thanksgiving; Christmas Eve; Christmas Day; New Years’ Eve; New Years’ Day; Martin Luther King Day; and Presidents’ Day. No work shall take place within residential districts on Thanksgiving week and Christmas week.
Deviation from these hours will not be permitted without the prior consent of the City, except in emergencies involving immediate hazard to persons or property.
In the event of either a requested or emergency deviation, inspection service fees will be charged against the Contractor. The service fees will be calculated at overtime rates, including benefits, overhead, and travel time. The service fees will be deducted from any amounts due the Contractor.
6-4 LIQUIDATED DAMAGES
The liquidated damages value and is hereby amended to be the amount set forth in the General Specifications. The amount for payment of agency-caused delays (reverse liquidated damages) shall be the amount set forth in the General Specifications.
SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR
7-1 CONTRACTOR’S EQUIPMENT AND FACILITIES
A noise level limit of 86 dB at a distance of 50 feet shall apply to all construction equipment on or related to the job whether owned by the Contractor or not. The use of excessively loud warning signals shall be avoided, except in those cases required for the protection of personnel.
The staging location(s) for equipment and material shall be subject to the approval of the Engineer or City. No additional cost will be allowed in the event that the Contractor is requested to move his staging area to a different location, regardless of the number of moves. Contractor shall be solely responsible for obtaining and/or paying for any staging area(s) outside of the public right-of-way.
7-2 LABOR
7-2.1 Laws. The Contractor, and all subcontractors, suppliers and vendors, shall comply with all AGENCY, State and Federal orders regarding affirmative action to ensure equal employment opportunities and fair employment practices.
Failure to file any report due under said orders will result in suspension of periodic progress payments.
The Contractor shall ensure unlimited access to the job site for all equal employment opportunity compliance officers.
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7-3 LIABILITY INSURANCE
Contractor shall provide the types and amounts of insurance required in the Instructions to Bidders, which shall conform to the following requirements:
PROOF OF INSURANCE. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for general liability and workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
DURATION OF COVERAGE. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Contractor, his agents, representatives, employees or subcontractors. Contractor must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. City and its officers, officials, employees, agents, and volunteers shall continue as additional insureds under such policies.
PRIMARY/NONCONTRIBUTING. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
CITY’S RIGHTS OF ENFORCEMENT. In the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement.
ACCEPTABLE INSURERS. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s risk manager.
WAIVER OF SUBROGATION. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives GP-14
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its own right of recovery against City and shall require similar written express waivers and insurance clauses from each of its subcontractors.
ENFORCEMENT OF CONTRACT PROVISIONS (NON-ESTOPPEL). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
REQUIREMENTS NOT LIMITING. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance.
Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
NOTICE OF CANCELLATION. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
ADDITIONAL INSURED STATUS. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
PROHIBITION OF UNDISCLOSED COVERAGE LIMITATIONS. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
SEPARATION OF INSUREDS. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
PASS THROUGH CLAUSE. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.
AGENCY’S RIGHT TO REVISE REQUIREMENTS. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor a ninety (90) day advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation.
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SELF-INSURED RETENTIONS. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
TIMELY NOTICE OF CLAIMS. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
ADDITIONAL INSURANCE. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. 7-4 PERMITS
Prior to the start of any work, the Contractor shall take out the applicable AGENCY permits and make arrangements for AGENCY inspections. The AGENCY will issue the permits at no charge to the Contractor. The Contractor shall be responsible for obtaining and paying for any outside agency permits. The Contractor and all subcontractors shall be licensed in accordance with State Business and Professions Code. The Contractor shall also obtain all other permits, licenses, inspections, certificates, or authorizations required by any governing body or entity.
The Contractor shall pay all cost incurred by the permit and license requirements. 7-5 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS The Contractor shall relocate, repair, replace, or re-establish all existing improvements within the project limits which are not designated for removal (e.g., curbs, sidewalks, driveways, fences, walls, sprinkler systems, signs, utility installations, pavements, structures, etc.) which are damaged or removed as a result of his operations or as required by the Plans and Specifications.
Where existing traffic striping, pavement markings, and curb markings are damaged, or their reflectivity reduced by the Contractor’s operations, such striping or markings shall also be considered as existing improvements and the Contractor shall repaint or replace such improvements. Relocations, repairs, replacements, or re-establishments shall be at least equal to the existing improvements and shall match such improvements in finish and dimensions unless otherwise specified.
PROTECTION OF EXISTING TREES (PUBLIC AND PRIVATE). The Contractor shall be responsible for the construction work within the confines of the existing trees and shall provide all measures necessary to protect the trees. Subject to the approval of the Engineer, the Contractor may perform limited trimming/pruning/raising of trees in accordance with ANSI standards and/or industry practices and without any impacts to the trees. The raising or trimming of any tree shall be limited to a maximum height of ten (10) feet or less. If after the trimming, trees are still impacting Contractor’s work, GP-16
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Contractor must still accomplish the work and no additional compensation shall be paid.
The Contractor shall notify the City five (5) working days in advance for any tree work.
All tree work must be performed by a licensed tree contractor.
Tree roots within the construction area shall be treated as if they were underground utilities and the Contractor shall be responsible for potholing the roots. The Contractor shall notify the City five (5) working days in advance for the City’s arborist to determine whether the roots are to be protected or removed. The Contractor shall be responsible for providing all measures necessary to protect roots that are to remain.
All work necessary to protect the existing trees shall be considered as included in the various bid items and no additional compensation will be made therefore.
FOR TREE DAMAGES CAUSED BY THE CONTRACTOR’S OPERATIONS, THE CONTRACTOR SHALL PAY TO THE CITY, OR HAVE WITHHELD FROM MONIES DUE: (I) THE EQUIVALENT VALUE OF THE EXISTING TREE, AS DETERMINED BY THE CITY’S ARBORIST AND (II) ALL COSTS TO REMOVE AND REPLACE THE TREE.
Should there be other provisions in the Contract documents regarding the protection of trees that conflict with these provisions, then the most restrictive of the provisions shall apply.
FIRE PROTECTION. If access will be blocked completely during construction and that the staging of a fire engine, as determined by the Engineer, is necessary to maintain fire protection, the Contractor shall provide 72-hour advance written notice for coordination with the Fire Department. The Contractor shall allow a one-hour window for the arrival of the fire engine. If there is a delay in the arrival of the fire engine, the Contractor will be granted an extension of time, but no additional compensation will be made therefor.
At the end of each day, the Contractor shall provide written notice of whether the fire engine will be required for the next day.
The Contractor shall provide one person solely dedicated to guarding the fire engine for the duration of the construction. The cost of providing this service shall be considered as included in the various bid items and no additional compensation will be made therefor.
All costs to the Contractor for protecting, removing, restoring, relocating, repairing, replacing, or re-establishing existing improvements including tree and fire protection shall be considered as included in the various bid items and no additional compensation will be made therefor.
7-6 PUBLIC CONVENIENCE AND SAFETY
7-6.1 Traffic and Access.
The Contractor shall notify the occupants of all affected properties at least 48 hours prior to any temporary obstruction of access. Vehicular access to property line shall be maintained, except as required for construction for a reasonable GP-17
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period of time. No overnight closure of any driveway will be allowed, except as permitted by the Engineer.
For residential streets at least one 12-foot-wide traffic lane shall be provided, except as permitted by the Engineer. The traffic lanes shall be maintained on pavement and shall remain unobstructed.
Clearances from traffic lanes shall be 5 feet to the edge of any excavation and 2 feet to the face of any curb, pole, barricade, delineator, or other vertical obstruction.
One 4-foot-wide paved pedestrian walkway shall be maintained in the parkway area on one side of the street. The clearance from the pedestrian walkway to any traffic lane shall be 5 feet unless an approved barrier is provided. 7-6.2 Street Closures, Detours, Barricades.
City of San Jacinto TRAFFIC CONTROL REQUIREMENTS, hereby referenced and made a part of these Contract Documents.
Street closures will not be allowed, except as specifically permitted by the Engineer and AGENCY.
A minimum of two (2) weeks prior to start of work, the Contractor shall submit traffic control and detour plans signed and stamped by a Traffic Engineer as directed by the Engineer to the Engineer for review. The Notice to Proceed will not be issued until a satisfactory Traffic Control Plan is received by the Engineer.
Lane transitions shall conform to the Caltrans Traffic Manual, Section 5-08.4, “Transition Area.”
Temporary traffic channelization shall be accomplished with barricades or delineators. Temporary striping will not be allowed unless specifically permitted by the Engineer. The Contractor shall prepare any plans that may be required for temporary striping to the satisfaction of the Engineer. In no event will temporary striping be allowed on finished pavement surfaces which are to remain.
The Contractor shall schedule an employee to police the temporary delineators and barricades within the travel way during weekday, non-working hours and over Saturdays, Sundays, and holidays. Any corrective work required to be done by AGENCY forces shall be back charged to the Contractor based on the actual costs, plus any AGENCY overhead and withheld from the final payment.
Unless otherwise specified, all costs associated with the requirements of this Section shall be considered as included in the various bid items and no additional costs will be made therefore.
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7-6.3 Protection of the Public.
It is part of the service required of the Contractor to make whatever provisions are necessary to protect the public. The Contractor shall use foresight and shall take such steps and precautions as his operations warrant to protect the public from danger, loss of life or loss of property, which would result from interruption or contamination of public water supply, interruption of other public service, or from the failure of partly completed work or partially removed facilities. Unusual conditions may arise on the work which will require that immediate and unusual provisions be made to protect the public from danger or loss, or damage to life and property, due directly or indirectly to prosecution of work under this contract.
Whenever, in the opinion of the Engineer or AGENCY, an emergency exists against which the Contractor has not taken sufficient precaution for the public safety, protection of utilities and protection of adjacent structures or property, which may be damaged by the Contractor’s operations and when, in the opinion of the Engineer, immediate action shall be considered necessary in order to protect the public or property due to the Contractor’s operations under this Contract, the Engineer will order the Contractor to provide a remedy for the unsafe condition. If the Contractor fails to act on the situation within a reasonable time period, the Engineer may provide suitable protection to said interests by causing such work to be done and material to be furnished as, in the opinion of the Engineer, may seem reasonable and necessary.
The cost and expense of said labor and material, together with the cost and expense of such repairs as are deemed necessary, shall be borne by the Contractor. All expenses incurred by the AGENCY for emergency repairs will be deducted from the progress payments and the final payment due to the Contractor. However, if the AGENCY does not take such remedial measures, the Contractor is not relieved of full responsibility for public safety. 7-6.4 Record Drawings. The Contractor shall always maintain at the job site a set of Plans and Specifications available for inspection by the Agency, exclusively, and so marked for recording all changes in the work. The Contractor shall be responsible for seeing that all changes are recorded on this set each day. The Contractor shall submit the updated record drawings to the Engineer for review by the 25th day of each month. Failure to update the record drawings may result in the withholding of ten percent (10%) of the progress payment. 7-6.5 Superintendent. The Contractor shall assign and designate a project superintendent responsible for the project who will be on the site full time and will be in charge of all subcontract work being supplied. No change in the project superintendent shall be allowed without obtaining written authorization from the City. Failure to comply with this provision may be grounds for the issuance of a “STOP WORK” order by the City at the sole expense of the Contractor. Additionally, failure to have the appropriate superintendent on the site will result in damage being sustained by the City. Such damages are, and GP-19
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will continue to be, impracticable and extremely difficult to determine. For each day such superintendent is not on the site, the Contractor shall pay the City, or have withheld from monies due it, the sum of $1,000. Execution of the Contract shall constitute agreement by the City and Contractor the $1,000 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to have the superintendent on site. Such sum is liquidated damages and shall not be construed as a penalty and may be deducted from payment due the Contractor if such absence occurs.
The Agency shall have sole discretion in the approval and /or removal of the Contractor’s personnel including, but not limited to, project manager, superintendent, and foreman.
7-6.6 Noise Abatement. The Contractor shall conform to the regulations set in the City of San Jacinto Municipal Code. All equipment used in the project must be the quietest available for this type of work, said equipment shall not exceed 90 dB measured at an unobstructed distance of 25 feet unless a permit and variance has been obtained from the Agency.
7-6.7 Cleanup and Dust Control. Throughout all phases of construction, including suspension of work, and until final acceptance of the project, the Contractor shall keep the work site clean and free from rubbish and debris. The Contractor shall also abate dust nuisance by cleaning and sweeping, or other means, as necessary.
Materials and equipment shall be removed from the site as soon as they are no longer necessary; and upon completion of the work and before final inspection, the entire worksite shall be cleared of equipment, unused materials, and rubbish so as to present a satisfactory clean and neat appearance. All cleanup costs shall be included in the Contractor's bid items.
Earth dams will not be permitted at catch basin openings, local depressions, or elsewhere, except in time of emergency. Temporary dams of sandbags, asphaltic concrete, or other acceptable material may be permitted when necessary to protect the work, provided their use does not create a hazard or nuisance to the public. Such dams shall be removed from the site as soon as their use is no longer necessary.
Failure of the Contractor to comply with the Engineer's cleanup orders may result in an order to suspend work until the condition is corrected. No additional compensation or extension of contract completion time will be allowed as a result of such suspension.
After completion of all other work on the project, and before making application for acceptance of the work, the Contractor shall clean the site of their operations, including all areas under the control of the City that have been used by the Contractor in connection with the work on the project, and shall remove all debris, surplus material, and equipment of whatever nature, unless otherwise GP-20
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approved by the City. Final acceptance of the work by the City will be withheld until the Contractor has satisfactorily complied with the foregoing requirements for final cleanup of the project site.
7-6.8 Water for Construction. The Contractor shall obtain any water necessary for construction at its own expense. The Contractor shall contact the water company for point(s) of connection and provide facilities for conveying the water from source designated by the water Company to points of use, as well as an eddy valve for each fire hydrant that is used as a water source. Deposit for each eddy valve shall be at the Contractor’s expense.
7-6.9 Survey Work and Preservation of Survey Monuments. The Contractor shall be responsible for the protection and preservation of existing, permanent survey monuments and benchmarks during construction. Damaged or lost monuments and bench marks shall be restored to existing condition by a Registered Civil Engineer or a Land Surveyor licensed by the State of California at no increase in cost to the City.
The Contractor, at its own expense, shall employ a qualified surveyor to perform all survey work required for the completion of the project as specified in the Plans and these Specifications, comply with the requirements as Section 8771 of the Land Surveyors Act as amended and submit the documents from the County Surveyor as proof of compliance to the City of San Jacinto. 7-6.10 Construction Waste Disposal Container. A waste disposal container shall be provided by the Contractor at the construction site for the duration of the construction.
7-6.11 Clean Water Act Compliance. The Contractor shall be responsible for complying with all regulations of the Clean Water Act, including those associated with the National Pollutant Elimination Discharge System Permit. The Contractor shall comply with the regulations set forth in the City of San Jacinto Municipal Code, and any other State and Federal programs targeted at preventing and eliminating storm water and urban runoff pollution and shall abide to those regulations throughout all phases of the project.
7-6.12 Demolition/Construction Waste Management Reports. The Contractor shall fill out and submit a demolition/construction Solid Waste Management and Recycling Plan (SWMRP-01) to the Engineer prior to removing any waste and other materials from job sites. If any material will be reused on site, the Contractor shall indicate the material and estimated quantity (in yards and/or tons).
7-6.13 Public Notice. The Contractor shall notify the residents, businesses and schools affected by construction in writing not less than seven (7) days in advance of commencement of construction or storage of material upon the streets. The notice shall include but not be limited to:
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A. The time and date of commencement.
B. A copy of the proposed construction schedule
C. Date of completion
D. Contact information for Contractor’s representative
In addition to the above, the Contractor shall notify all affected parties if work is to begin on new portions of the project as work proceeds, especially if the work involves changes to the traffic control system. A copy of this notification shall be approved by the City Engineer prior to its distribution.
The Contractor shall place “No Parking Anytime” signs 48 hours prior to construction at locations approved by the Engineer, said signs shall be of the size and type specified by the Engineer. The Contractor is also responsible for notifying all affected businesses and residents of his scheduled work.
Personal vehicles of the contractor’s employees shall not be parked on the traveled way at any time, including any section closed to public traffic. When entering or leaving roadways carrying public traffic, the contractor’s equipment, whether empty or loaded, shall in all cases yield to public traffic.
The following entities shall be notified at least seventy-two (72) hours in advance of any street closure or restriction to access by the contractor.
City of San Jacinto
Southern California Edison Company
Southern California Gas Company
Eastern Municipal Water District
Frontier
Spectrum
Sunesys
The local Police and Fire Departments, RTA Bus Service, local schools, CR&R Waste Management, and local post office shall also be notified. The contractor will provide evidence of notification to these agencies by completing the City of San Jacinto standard road/lane closure form.
SECTION 8 - FACILITIES FOR AGENCY PERSONNEL
No field offices for AGENCY personnel shall be required; however, the AGENCY personnel shall have the right to enter upon the project at all times and shall be admitted to the offices of the Contractor if so, provided by the Contractor for his own personnel.
SECTION 9 - MEASUREMENT AND PAYMENT
9-1 PAYMENT
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The total bid amount shall include all work as provided in the Contract Documents. Any work not specifically identified in the Bid Schedule but included in any portion of the Contract Document or Plans and Specifications shall be considered as included in the various bid items and no additional compensation will be made therefor.
9-1.1 Partial and Final Payment.
The closure date for the purpose of making partial progress payments will be the last day of each month. The Contractor shall prepare the approximate measurement of the work performed through the closure date and submit it to the Engineer and AGENCY for approval by the 7th day of the following month.
When the work is complete, the Engineer and AGENCY will determine the final quantities of the work performed and prepare the final progress payment report.
The work is considered to be complete and ready for acceptance by the City when all the contract and punch list work are completed.
Payments are commonly authorized and made within 30 days following the 10th day of the month in which the submitted invoice is approved by the Engineer.
However, payments will be withheld pending receipt of any outstanding reports required by the Contract Documents. In addition, the final progress payment will not be released until the Contractor returns the control set of Plans and Specifications showing the as-built conditions.
A full five percent (5%) retention will be deducted from all progress payments.
An additional ten percent (10%) for each of the following items may be deducted: failure to submit (i) an updated progress report or (ii) a monthly asbuilt mark-up, per Sections 6-1 and 7-10.6 of these Special Provisions. The final retention will be authorized for final payment no later than 60 days after the date of recordation of the Notice of Completion.
The Contractor, however, may receive interest on the retained amount, or receive the retained amount itself so long as the securities equivalent to the retained amounts are substituted with escrow holder approved by the AGENCY.
At the request and expense of the Contractor, retained amounts or securities equivalent to the retained amounts may be deposited with the State Treasurer or a State or Federally chartered bank approved by the AGENCY as the escrow agent, who shall return such monies or securities to the Contractor upon satisfactory completion of the contract.
Securities eligible for investment shall include those listed in Section 16430 of the State Government Code or bank or savings and loan certificates of deposit, interest bearing demand deposit accounts, and standby letters of credit.
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Any escrow agreement entered into shall be substantially similar to the form “Escrow Agreement for Security Deposits” in lieu of retention as contained in Section 4590 of Chapter 13 of Division 5 Title 1 of the Government Code. 9-1.2 Delivered Materials. Materials and equipment delivered but not incorporated into the work will not be included in the estimate for progress partial payment.
9-1.3 Mobilization. Payment for mobilization and demobilization shall be considered as included in the cost of the various bid items and no additional compensation will be made therefor.
SECTION 10 – CLAIM RESOLUTION PROCESS
Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes.
For purposes of these procedures, “Claim” means a separate demand by the Contractor, after the City has denied Contractor’s timely and duly made request payment for extra work and/or a time extension in accordance with the General Provisions (see sections 3-3 and 6-6), for (A) a time extension, (B) payment of money or damages arising from work done by or on behalf of the Contractor pursuant to the Contract for a public work and payment of which is not otherwise entitled to, or (C) an amount the payment of which is disputed by the City.
The following requirements apply to all contracts entered into after January 1, 1991, and all claims to which this section applies:
10-1 PREREQUISITES
Contractor shall timely comply with all notices and requests for Extra Work and extensions of time, including but not limited to all requirements of Section 3-3 and Section 6-6, as a prerequisite to filing any claim governed by this section. The failure to timely submit a notice or request payment for Extra Work or an extension of time, or to timely provide any other notice or request required by the Contract Documents shall constitute a waiver of the right to these procedures.
10-2 CLAIM SUBMITTAL
The claim shall be in writing and include the documents necessary to substantiate the claim.
Claims governed by this procedure must be filed on or before the date of final payment.
Nothing in this section is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra work, disputed work, and/or changed conditions.
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Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.
10-3 SUPPORTING DOCUMENTATION
The Contractor shall submit all claims in the following format:
(1) Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made
(2) List of documents relating to claim: (a) Specifications, (b) Drawings, (c) Clarifications (Requests for Information), (d) Schedules, and (e) Other (3) Chronology of events and correspondence
(4) Analysis of claim merit
(5) Analysis of claim cost
(6) Time impact analysis in CPM format
10-4 CITY’S RESPONSE
Upon receipt of a claim pursuant to this section, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed.
Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the City issues its written statement.
10-4.1 If the City needs approval from the City Council to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the City Council does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three days following the next duly publicly noticed meeting of the City Council after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion. 10-4.2 Within 30 days of receipt of a claim, the Agency may request in writing additional documentation supporting the claim or relating to defenses or claims the Agency may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor. 10-4.3 The Agency’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 days (if the claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.
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10-5 MEET AND CONFER
If the Contractor disputes the Agency’s written response, or the Agency fails to respond within the time prescribed, the Contractor may so notify the City, in writing, either within 15 days of receipt of the City’s response or within 15 days of the City’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute. 10-6 MEDIATION
Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the City issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally.
The City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing, unless the parties agree to select a mediator at a later time.
10-6.1 If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.
10-6.2 For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. 10-6.3 Unless otherwise agreed to by the City and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced. 10-6.4 The mediation shall be held no earlier than 90 days after the Contractor completes the Work or 90 days after the Contractor last performs Work, whichever is earlier. All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed. 10-6.5 If following the mediation, the claim or any portion remains in dispute, the Contractor must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the GP-26
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time the Contractor submits his or her written claim pursuant to subdivision (a) until the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation that does not result in a complete resolutions of all claims.
10-7 CIVIL ACTIONS
The following procedures are established for all civil actions filed to resolve claims subject to this section:
10-7.1 Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of these procedures. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court. 10-7.2 If the matter remains in dispute, the case shall be submitted to nonbinding judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. 10-7.2.1 In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party who, after receiving an arbitration award requests a trial de novo and proceeds to litigation and does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees of the other party on such post-arbitration litigation.
10-8 GOVERNMENT CODE CLAIMS
In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, construction claims and/or changed conditions, the Contractor must comply with the claim procedures set forth in Government Code Section 900, et seq. prior to filing any lawsuit against the Agency. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, construction claims, and/or changed conditions, including any required mediation, have been followed by Contractor. If no such GP-27
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Government Code claim is submitted, or if the prerequisite contractual requirements are not satisfied, no action against the Agency may be filed. A Government Code claim must be filed no earlier than the date that Contractor completes all contractual prerequisites to filing a Government Code claim, including any required mediation. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted.
10-9 CITY’S RESPONSES
The City’s failure to respond to a claim from the Contractor within the time periods described in this section or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. City’s failure to respond shall not waive City’s rights to any subsequent procedures for the resolution of disputed claims.
SP-1
STANDARD PROVISIONS
CONSTRUCTION OF THE NEW GRAND TREATMENT PLANT FACILITY
AND EQUIPPING OF THE NEW GRAND WELL
PART 1 - STANDARD CONDITIONS
SP-1-1.00 GENERAL — It is the intent of these General Provisions, Special Provisions, the plans referred to herein and other documents comprising the contract for the Contractor to provide for and include all labor, materials, equipment, plant, tools, transportation, insurance, bonds, sales taxes, permits, temporary protection, traffic control, watchmen, superintendence and other work necessary to construct and complete all work specified herein, including all addenda and change orders.
The contract documents are complementary, and a requirement in one is as binding as though occurring in all. They are intended to be cooperative, to describe and provide for complete work.
SP-1-1.01 CALTRANS SPECIFICATIONS — The specifications entitled, Standard Specifications for the State of California Department of Transportation, shall hereinafter be referred to as the Caltrans Specifications. The version used shall be the most recent edition.
SP-1-1.02 CALTRANS STANDARDS – The “Standard Plans for Construction of Local Streets and Road.” As issued by the California Department of Transportation, most recent edition.
SP-1-1.03 GREENBOOK SPECIFICATIONS – The specifications entitled “Standard Specifications for Public Works Construction,” as amended in the General Provisions of these specifications, shall hereinafter be referred to as the “Greenbook” or the “Greenbook Specifications.” The version used shall be the most recent edition.
All work shall meet all requirements applicable of Federal, State, County and City regulations and codes governing safety, health, welfare, dust and sound control.
Site of the work is in the City of San Jacinto, California, Grand Well site at 901 Industrial Way
SP-1-1.04 DEFINITIONS — Attention is invited to the provisions of Section 1 — "Terms, Definitions, Abbreviations and Symbols", of the Greenbook Specifications and these Special Provisions. Whenever in the contract documents, the following terms are used, the intent and meaning shall be interpreted as follows:
AGENCY City of San Jacinto
BOARD City Council of the
City of San Jacinto
DEPARTMENT California State
Department of Transportation (Caltrans)
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CHIEF OPERATOR Water Utilities Superintendent
(WATER)
CITY ENGINEER Civiltec
LABORATORY The laboratory to be designated by the
Engineer to test materials and work involved
in the contract.
NOTICE TO Notice Inviting Bids.
CONTRACTORS
STATE STATE OF CALIFORNIA
Other terms appearing in the plans, Specifications and in these Special Provisions shall have the same intent and meaning specified in Section 1, "Definitions and Terms," of the Greenbook Specifications.
SP-1-1.05 EXAMINATION OF PREMISES — Before bidding on this work, all prospective bidders shall make a careful examination of the jobsite and shall thoroughly familiarize themselves with the requirements of the Contract. By the act of submitting a proposal for the work, the contractor shall be deemed to have made such study and examination and that he is familiar with and accepts all conditions of the site.
SP-1-2.00 SCOPE AND CONTROL OF THE WORK — Attention is invited to the provisions of Greenbook Section 2, the amendments in the General Provisions herein and these Special Provisions.
Technical Specifications and Drawings applicable to the work to be performed under the contract are included in Appendix “A”.
The contractor shall furnish, in accordance with the specifications and drawings, all labor, equipment and material required for completion of the City of San Jacinto, Construction Of The New Grand Treatment Plant Facility And Equipping Of The New Grand Well
SP-1-2.01 PLANS AND SPECIFICATIONS — Attention is invited to the provisions of Greenbook Section 2-5, "Plans and Specifications", of the Specifications and these Special Provisions.
The Specifications, drawings, Special Provisions and all supplementary documents are essential parts of the contract, and a requirement in one is as binding as though occurring in all. They are intended to be cooperative, to describe and provide for a complete work.
If, however, the provisions within the documents comprising the contract are in conflict, the provision with the highest precedence shall prevail. The order of precedence shall be as follows:
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1. Permits for other agencies as may be required by law.
2. Change Order
3. Letter of interpretation of a contract provision
4. Addendum
5. Special Specifications
6. Notice Inviting Bids, Instructions to Bidders, General Specifications
7. Standard Plans
8. Project Manual
9. Plans
During the course of construction, the contractor shall provide and maintain in good order at the work site, a complete set of contract prints. All changes to the contract shall be clearly recorded on this set of prints. At the end of the project, the contractor shall transfer all changes to one (1) set of prints for submission to the AGENCY and ENGINEER. For further information regarding this requirement, please refer to section SP 2-15.00 of these specifications, “Record Drawings.”
SP-1-2.02 SCHEME OF WORK — The work contemplated in the project consists of furnishing labor, materials, services and equipment for the work described in these Special Provisions and shown on the plans and delineated in the specifications of this project.
SP-1-2.03 STANDARD PLANS — All work shall conform to the Specifications, drawings and Special Provisions, which shall be considered a part of these plans, and shall be on the jobsite during the entire duration of construction.
SP-1-2.04 TIME LIMIT — The work specified herein shall be completed within 400 working days of anticipated start date specified in the Notice to Proceed.
SP-1-2.05 AWARD AND EXECUTION OF CONTRACT — The bidder's attention is directed to the provisions of the Information for Bidders and to these Special Provisions for the requirements and conditions concerning award and execution of the Contract. A guarantee form to be signed and delivered to the Agency before acceptance is included in the proposal.
The award of the Contract, if it be awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements described. The award, if made, will be made within twenty-five (25) days after the opening of the bids. All bids will be compared on the basis of the Engineer's estimate of quantities of work to be done.
THE CITY RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS.
All bonds in the amounts stipulated in the Information for Bidders shall be furnished by the bidder to whom the contract has been awarded and at this own cost and expense.
Whenever the City of San Jacinto has cause to believe that any such bond has become insufficient, a demand in writing may be made of the contractor for such further or additional bond as is considered necessary, considering the extend of the work remaining to be done.
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Thereafter, no payment shall be made upon such Contract to the contractor or any assignee of the contractor until such further or additional bond has been furnished.
Before commencing any work, the contractor shall obtain insurance as required under the General Provisions of these Specifications and show proof of same. Contractor shall not allow any subcontractor to work until similar insurance required of the subcontractor has been obtained and approved by the General Contractor.
The contractor shall, in providing the insurance as provided in Sections 6 and 7 of the General Provisions, include as a provision of the insurance policy, a clause substantially in the following language:
It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced except upon thirty (30) days prior to written notice to the City as evidenced by receipt of a registered letter. The insurance policy shall also specify that it is primary insurance and that any insurance held or owned by the designated additional insureds shall be excess thereto and shall not be called upon to cover a loss under said policy.
SP-1-2.06 AUTHORITY OF THE CITY ENGINEER — The City Engineer shall decide all questions as to the quality or acceptability of the work performed and to the manner or performance and rate of progress of the work, all questions as to the acceptable fulfillment of the contract on the part of the contractor, and all questions as to compensation. His decision shall be final and he shall have authority to enforce and make effective such decisions and orders which the contractor fails to carry out promptly. Attention is invited to the provisions of Greenbook Section 2-10.
SP-1-2.07 SUBCONTRACT— Attention is directed to the provisions of Greenbook Section 2-3, "Subcontracts", of the Specifications as amended in the General Provisions herein and these Special Provisions.
A sheet for listing subcontractors, as required, is included in the proposal.
The Contract documents shall not create any contractual relation between any subcontractor and the Agency. Contractor agrees that he is fully responsible to the City for the acts and omissions of his subcontractors and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him.
SP-1-3.00 CHANGES IN WORK — All changes in the work, whether requested by the contractor, initiated by the City and/or caused by changed conditions, shall be undertaken only after the issuance of a change order by the Engineer. Attention is invited to Section 3 of the Greenbook Specifications and the provisions of Paragraph 2 of the General Provisions.
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a. Differing Site Conditions
1. During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the contract or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract, are encountered at the site, the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before the site is disturbed and before the affected work is performed.
2. Upon written notification, the engineer will investigate the conditions, and if it is determined that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment, excluding anticipated profits, will be made and the contract modified in writing accordingly. The engineer will notify the contractor of the determination whether an adjustment of the contract is warranted.
3. No contract adjustment which results in a benefit to the contractor will be allowed unless the contractor has provided the required written notice.
4. No contract adjustment will be allowed under this clause for any effects caused on unchanged work. (The Local Agency may omit this provision, at their option.)
b. Suspensions of Work Ordered by the Engineer
1. If the performance of all or any portion of the work is suspended or delayed by the engineer in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the contractor believes that additional compensation and/or contract time is due as a result of such suspension or delay, the contractor shall submit to the engineer in writing a request for adjustment within 7 calendar days of receipt of the notice to resume work. The request shall set for the reasons and support for such adjustment.
2. Upon receipt, the engineer will evaluate the contractor’s request. If the engineer agrees that the cost and/or time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond he control of and not the fault of the contractor, its suppliers, or subcontractors at any approved tier, and not caused by weather, the engineer will make an adjustment (excluding profit) and modify the contract in writing accordingly. The contractor will be notified of the engineer’s determination whether an adjustment of the SP-6
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contract is warranted.
3. No contract adjustment will be allowed unless the contractor has submitted the request for adjustment within the time prescribed.
4. No contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided or excluded under any other term or condition of this contract.
c. Significant Changes in the Character of Work
1. The engineer reserves the right to make, in writing, at any time during the work, such changes in quantities and such alterations in the work as are necessary to satisfactorily complete the project.
Such changes in quantities and alterations shall not invalidate the contract nor release the surety, and the contractor agrees to perform the work as altered.
2. If the alterations or changes in quantities significantly change the character of the work under the contract, whether such alterations or changes are in themselves significant changes to the character of the work or by affecting other work cause such other work to become significantly different in character, an adjustment excluding anticipated profit, will be made to the contract. The basis for the adjustment shall be agreed upon prior to the performance of the work. If a basis cannot be agreed upon, then an adjustment will be made either for or against the contractor in such amount as the engineer may determine to be fair and equitable.
3. If the alterations or changes in quantities do not significantly change the character of the work to be performed under the contract, the altered work will be paid for as provided elsewhere in the contract.
4. The term “significant change” shall be construed to apply only to the following circumstances:
When the character of the work is altered differs materially in kind or nature from that involved or included in the original proposed construction; or
When a major item of work, as defined elsewhere in the contract, is increased in excess of 125 percent or decreased below 75 percent of the original contract quantity. Any allowance for the increase in quantity shall apply only to that portion in excess of 125 percent of original contract item quantity, or in case of a decrease below 75 percent, to the actual amount of work performed.
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When deemed necessary by the Engineer, revisions of the contract drawings and additional detailed drawings will be issued to the Contractor during the progress of the work.
CONTRACTOR'S RESPONSIBILITY — The Contractor shall be responsible to adhere to these specifications as closely as possible. It is the Contractor's responsibility to confer with the City Engineer and to get a written agreement as to the necessary changes prior to performing any work that is not in conformance with these specifications or the contract drawings.
SP-1-4.00 CONTROL OF MATERIALS AND WORKMANSHIP — All materials, parts and equipment furnished by the Contractor in the work shall be new, high grade and free from defects. Quality of work shall be in accordance with generally accepted standards. Attention is invited to Section 4 of the Greenbook Specifications and the provisions of Paragraph 3 of the General Provisions. No used or secondhand materials, parts and equipment shall be incorporated in the project.
SP-1-4.01 TESTS OF MATERIALS AND WORKMANSHIP — All materials shall first be tested and satisfactorily passed in accordance with the requirements of the plans and these specifications, before incorporating said material in the work. Materials placed otherwise shall be considered defective and will be subject to rejection. The cost of testing of materials and workmanship shall be paid by the City. The cost of re-testing of materials and workmanship shall be at the expense of the contractor. The contractor, at his expense, shall deliver materials for testing to the place and at the time designated by the Engineer. Attention is invited to Section 4-1.4, "Test of Materials", of the Greenbook Specifications.
SP-1-4.02 LABORATORY — The City shall make all arrangements and designate a laboratory to fulfill the test requirements for the project. The contractor shall render all necessary assistance to the personnel of said laboratory to facilitate the inspection and testing of materials. Request for inspection and/or testing shall be made at least twentyfour (24) hours in advance.
SP-1-5.00 UTILITIES — The existence and location of utility structures and facilities are shown on the plans or in the Special Provisions according to records and information available to the City. Attention is called to the fact of the possible existence of other utility facilities or structures not known to the City or in a location different from that shown on the plans or in the Special Provisions. The contractor is required to ascertain the location of all underground utility structures and facilities prior to doing work that may damage such structures and facilities, including those not shown, or interfere with their service and to take such precautionary measures in the course of said work to prevent such damage or interference. Attention is invited to Greenbook Section 5. If the contractor, while performing the work under the contract, discovers utility structures or facilities not identified in the plans or specifications or shown differently, he shall immediately notify the City in writing of such discovery and allow the City 48 hours to advise. The contractor shall continue with his work on other areas and provide utility purveyors adequate time to resolve the conflict or continue work if in the opinion of the City and utility purveyors, the construction will not impact these utilities.
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SP-1-6.00 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK — Attention is invited to Greenbook Section 6 and these Special Provisions.
SP-1-6.01 PROGRESS SCHEDULE — After notification of award and prior to starting any work, the Contractor shall submit to the Engineer for approval his proposed construction schedule. Attention is invited to Greenbook Section 6-1. The proposed construction schedule shall be submitted on or before the date set for the preconstruction meeting between City and contractor's staff and representatives of utility companies.
SP-1-6.02 BEGINNING OF WORK — The contractor shall begin construction on the date specified in the Notice to Proceed, estimated April 7, 2025.
SP-1-6.03 TIME OF COMPLETION — The contract time shall commence upon the date of issuance of the Notice to Proceed and shall continue for 400 working days.
The contractor shall diligently prosecute the project and complete all work within the contract time. Contractor agrees that failure to complete the project within the contract time shall subject him to the liquidated damages provided herein. Attention is invited to Section 6-7 of the Greenbook Specifications.
SP-1-6.04 PROSECUTION OF WORK — The contractor shall give his personal attention to the fulfillment of the contract and shall keep the work under his control.
The City shall consider all persons engaged in the project as employees of the contractor and he shall be held responsible for their work subject to the provisions of the contract and specifications. The contractor shall prosecute the work vigorously and diligently until completed with the minimum inconvenience and hazard to the public. Pipe, conduit and other improvements in the work area shall be restored to their original condition and former state of usefulness as soon as practicable. Attention is invited to the provisions of Section 6-2 of the Greenbook Specifications.
SP-1-6.05 TEMPORARY SUSPENSION OF WORK — The City Engineer shall have the authority to suspend the work wholly, or in part, for such period as he may deem necessary due to unsuitable weather or to such other conditions as are considered unfavorable for the suitable prosecution of the work, or for such time as he may deem necessary due to the failure on the part of the contractor to carry out orders given, or to perform the work in accordance with these Specifications. The contractor shall immediately comply with the written order of the City Engineer to suspend the work wholly or in part. The work shall be resumed when conditions are favorable and methods are corrected, as ordered or approved in writing by the City Engineer.
In the event of a suspension of work under any of the conditions above set forth such suspension of work shall not relieve the contractor of his responsibilities as set forth under these Specifications.
SP-1-6.05.1 SUSPENSIONS OF WORK ORDERED BY THE ENGINEER — If the performance of all or any portion of the work is suspended or delayed by the engineer in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the contractor believes that SP-9
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additional compensation and/or contract time is due as a result of such suspension or delay, the contractor shall submit to the engineer in writing a request for adjustment within 7 calendar days of receipt of the notice to resume work. The request shall set for the reasons and support for such adjustment.
Upon receipt, the engineer will evaluate the contractor’s request. If the engineer agrees that the cost and/or time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the contractor, its suppliers, or subcontractors at any approved tier, and not caused by weather, the engineer will make an adjustment (excluding profit) and modify the contract in writing accordingly. The contractor will be notified of the engineer’s determination whether an adjustment of the contract is warranted.
No contract adjustment will be allowed unless the contractor has submitted the request for adjustment within the time prescribed.
No contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided or excluded under any other term or condition of this contract.
SP-1-6.06 SUSPENSION OF CONTRACT — If at any time in the opinion of the City Engineer, the contractor has failed to supply adequate working force or material of proper quality or has failed in any other respect to prosecute the work with the diligence and force specified and intended in and by the terms of the contract, notice thereof in writing will be served upon him; and should he neglect or refuse to provide means for a satisfactory compliance with the contract, as directed by the City Engineer, within the time specified in such notice, the City in any such case shall have the power to suspend the operation of the contract.
Attention is invited to the provisions of Section 6-3 of the Greenbook Specifications.
Upon receiving notice of such suspension, the contractor shall discontinue said work, or such parts of it as the City may designate. Upon such suspension the contractor's control shall terminate and thereupon the City or its duly authorized representative may take possession of all or any part of the contractor's materials, tools, equipment and appliances upon the premises, and use the same for the purpose of completing said contract, and hire such force and buy or rent such additional machinery, tools, equipment and appliances at the contractor's expense as may be necessary for the proper conduct of the work and for completion, employ other parties to carry the contract to completion, or may employ the necessary workman, substitute other machinery or materials, and purchase the materials contracted for, in such manner as the City may deem proper; or the City may annul and cancel the contract and relate the work or any part thereof. Any excess cost arising therefrom over and above the contract price shall be charged against the contractor and his sureties, who shall be liable therefor. In the event of such suspensions, all monies due the contractor or retained under the terms of this contract shall be forfeited to the City; but such forfeiture shall not release the contractor or his sureties from liability for failure to fulfill the contract. The contractor and his sureties shall be credited with the amount of money so forfeited toward any excess of cost over the above contract price, arising from the SP-10
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suspension of the operation of the Contract and the completion of the work by the City as above provided, and the contractor shall be so credited with any surplus remaining after all just claims for such completion have been paid.
In the determination of the question whether there has been any such noncompliance with the contract as to warrant the suspension or annulment thereof, the decision of the City Council shall be binding on all parties to the contract.
SP-1-6.07 TERMINATION OF CONTRACT — Subject to all applicable provisions of these specifications and/or the contract, the Engineer is hereby empowered to direct the time and date of delivery of materials at the site of work and direct the time, rate and sequence of work. If contractor fails to begin delivery of material and equipment or to commence work within the time specified herein, and/or in the contract, or to maintain the rates of delivery of material, or to execute the work in a manner and at such locations as directed by the Engineer, or fails to maintain the approved progress schedule in such manner as well, in the judgment of the Engineer, inure to the interests of the City, or, if in the judgment of the Engineer, the contractor is not carrying out the provisions of the contract in their true intent and meaning, written notice by the City Engineer may be served upon him and the Surety on his faithful performance bond demanding a satisfactory compliance with the contract, and with these specifications. If the contractor and/or his Surety refuses or neglects to comply with such notice within five (5) days after receiving same, or after commencing so to do, fails to continue so to do, or has assigned or sublet the contract without the consent of the Engineer, then the Engineer may exclude him from the premises and take possession thereof, together with all material and equipment thereon, and may complete the work itself, either by force account, or by letting the unfinished portion of the work to another contractor or by a combination of such methods. In any event, the cost of the completion of said work shall be a charge against the contractor and his Surety and may be deducted from any money due or becoming due from the City, and if the sums due under the contract are insufficient, said contractor and/or his Surety shall pay to the City within five (5) days after the completion of the work all of such cost in excess of the contract price.
The Surety, in the event that it assumes part of the work, shall take the contractor's place in this contract in all respects for that part and shall be paid by the City for all work performed by it in accordance with the terms of this contract. If the Surety assumes the entire contract, all monies remaining due the contractor at the time of his default shall be made payable to the Surety as the work progresses, subject to the terms of the contract.
SP-1-6.08 LIQUIDATED DAMAGES — It is hereby understood and mutually agreed by and between the contractor and the City, that the date of beginning and the time of completion as specified in the contract of the work to be done hereunder are essential conditions of this contract. Attention is invited to Section 6-9 of the Greenbook Specifications as amended in Paragraph 4 of the General Provisions. Refer to section SP1-2.04 for detailed information regarding the date of beginning and the time of completion.
The contractor agrees that said work shall be prosecuted regularly, diligently, and uninterruptedly at such rate of progress as will insure full completion thereof within the time specified. It is expressly understood and agreed, by and between the contractor and the City, that the time for the completion of the work described herein is a reasonable time for the completion of the same, taking into consideration the average SP-11
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climatic range and usual industrial conditions prevailing in this locality. If the said contractor shall neglect, fail or refuse to complete the work within the time herein specified, or any proper extension thereof granted by the City, then the contractor does hereby agree, as a part consideration for the awarding this contract, to pay to the City of San Jacinto the amount of liquidated damages stipulated in Paragraph 4 of the General Provisions for each and every calendar day that the contractor shall be in default after the time stipulated in the contract for completing the work, not as a penalty but as liquidated damages for such breach of contract as hereinafter set forth.
The said amount is fixed and agreed upon by and between the contractor and the City because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the City would in such event sustain, and said amount agreed to be the amount of damages which the City would sustain and said amount shall be retained from time to time by the City from current periodical estimates.
SP-1-7.00 RESPONSIBILITIES OF THE CONTRACTOR — Attention is invited to Section 7 of the Greenbook Specifications as amended in the General Provisions and the provisions of these Special Provisions. The contractor shall keep himself fully informed of all existing and future State and Federal laws and county and municipal ordinances and regulations which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. He shall at all times observe and comply with, and shall cause all his agents and employees to observe comply with all such existing and future laws, ordinances, regulations, orders and decrees of bodies or tribunals having any jurisdiction or authority over the work; and shall protect and indemnify the City, and all officers and employees thereof connected with the work, including but not limited to the City Engineer, against any claim or liability arising from or based on the violation of any such law, ordinances, regulation, order, or decree, whether by himself or his employees. If any discrepancy or inconsistency is discovered in the plans, drawing, specifications, or contract for the work in relation to any such law, ordinance, regulation, order or decree, the contractor shall report the same to the Engineer in writing.
SP-1-7.01 ASSUMPTION OF RISK — During the progress of the work, the City of San Jacinto will not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof; or for any of the materials or other things used or employed in performing the work; or for injury to any person or persons, either workmen or the public; for damage to adjoining property from any cause which might have been prevented by the contractor, or his workmen, or anyone employed by him; against all of which injuries or damages to persons and property the contractor having control over such work must properly guard. The contractor shall be responsible for any damage to any person or property resulting from defects or obstructions or from any causes whatsoever during the progress of the work or at any time before its completion and final acceptance, and shall indemnify and save harmless the City of San Jacinto and/or its officers and/or its employees from all suits or actions of every name and description, brought for, or on account of any injuries or damages received or sustained by any person or persons, by or from the Contractor, his servants or agents, in the construction of the work or by or in consequence of any negligence in SP-12
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guarding the same, in improper materials used in its construction, or by or on account of any act or omission of the contractor or his agents.
SP-1-7.02 LABOR — Attention is invited to the provisions of Section 7-2 of the Greenbook Specifications as amended in Paragraph 5 of the General Provisions.
SP-1-7.03 LIABILITY INSURANCE — Attention is invited to the provisions of Section 7-3 of the Greenbook Specifications as amended in Paragraph 6 of the General Provisions.
SP-1-7.04 WORKER'S COMPENSATION INSURANCE — Attention is invited to the provisions of Section 7-4 of the Greenbook Specifications as amended in Paragraph 7 of the General Provisions.
SP-1-7.05 PERMITS AND INSPECTION — The contractor shall obtain a no-fee excavation permit from the City of San Jacinto before proceeding with any work on the project.
Construction and Encroachment Permits — The Contractor and his subs shall procure all permits and business licenses, pay all charges, fees and taxes, and give all notices necessary and incidental to the due and lawful prosecution of the work. Any costs for these fees and/or permits shall be included in the prices listed in the Bid Form.
All other costs shall be considered in miscellaneous bid items.
It is the responsibility of the Contractor to contact the applicable agencies and make himself knowledgeable and responsible to all of their requirements. The Contractor shall, at no additional cost to the City, construct the work in strict accordance with all the requirements of all appropriate agencies.
The contractor shall call for inspections at the different stages of the work as required by the CHIEF OPERATOR (WATER) or his designee. Any portion of the project completed without these required inspections shall be considered as defective and the City reserves the right to reject the affected portion of the work. The contractor shall remove rejected portion of the work upon instruction by the City without additional compensation.
City inspectors work from 7:00 a.m. until 5:00 p.m., Monday through Friday.
Inspections outside these hours and may be available through appointments approved by Water Utilities Superintendent and City Engineer only, and inspector's time will be billed to the contractor at a pre-determined rate. This does not apply for work the plans specifically call out to take place outside of these hours.
SP-1-7.06 CONTRACTOR'S REPRESENTATIVE — On or before the preconstruction meeting, the contractor shall designate, in writing, a representative who shall have complete authority to act for him. An alternate representative may also be designated. The representative or alternate shall always be present at the worksite whenever work is in progress or whenever actions of the elements require his presence to take measures necessary to protect the work, persons or property. Attention is invited to Section 7-6 of the Greenbook Specifications.
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SP-1-7.07 COOPERATION AND COLLATERAL WORK — Attention is directed to Section 7-7 of the Greenbook Specifications and these Special Provisions.
Construction work by other contractors or by utility and public agency representatives may be underway within or adjacent to the worksite specified herein. For this reason, the contractor shall cooperate with all such other contractors to the end that any delay or hindrance to their work shall be avoided, or conduct his operations in such a manner as not to cause any unnecessary delay or hindrance to the other. Each contractor shall be responsible to the other for all damage to work, to persons or property caused to the other by his operations, and for loss caused the other due to his unnecessary delays or failure to finish work within the time specified for completion. The Engineer reserves the right to direct the contractor to perform other or additional work at the worksite at any time in order to better coordinate the different activities on the entire project.
OBSTRUCTIONS - Attention is directed to the existence of certain underground facilities that may require special precautions be taken by the Contractor to protect the health, safety and welfare of workers and of the public. Facilities requiring special precautions include, but are not limited to existing utilities.
The Contractor shall notify the Engineer and the appropriate regional notification center for operators of subsurface installations at least 2 working days, but not more than 14 calendar days, prior to performing any excavation or other work close to any underground pipeline, conduit, duct, wire or other structure. Regional notification centers include, but are not limited to, Dig Alert which can reached by dialing 811.
The Contractor is responsible to physically locate and identify all facilities (including utilities) within project limits. These shall include potholing. All underground facilities within the existing finished surface shall be potholed by the Contractor. These utilities may be shown on plans or are marked in the field. Contractor is hereby notified and shall use all appropriate cautions when working near utilities.
Some of the existing utilities (above & underground including boxes, meters, mains, and poles) may be in conflict with the project. If this is the case, the contractor shall coordinate his work with that of the utility. No additional compensation will be paid to the Contractor for any delay or loss of efficiency due to having to coordinate his work with that of the utilities. Compensation for this work shall be included in other items of work..
The utility locations shown on the plans are correct to the best of our knowledge. When in doubt, the contractor shall contact utility concerned before proceeding further. The agencies below may be contacted at the following telephone numbers:
AGENCY TELEPHONE NUMBER
Southern California Edison Company (951) 928-8252
Southern California Gas Company (800) 427-2200
Eastern Municipal Water District (951) 928-3777
City of San Jacinto (Water and Sewer) (951) 537-7721
SP-14
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Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefore.
SP-1-7.08 PROJECT APPEARANCE — The contractor shall maintain a neat appearance to the work. Attention is invited to Section 7-8 of the Greenbook Specifications.
In any area visible to the public, the following shall apply:
Broken asphalt concrete, aggregate base and debris developed during removals, shall be disposed of concurrently with its removal.
Dust caused by the passage of public traffic through the work shall be considered as resulting from the contractor's performance of the work.
Whenever the contractor fails to control dust resulting from the performance of the work, the Engineer may cause such dust to be controlled and costs thereby incurred shall be deducted from monies due or to become due the contractor.
Full compensation for conforming to the provisions in this section, not otherwise provided for, shall be considered as included in prices paid for the various contract items of work involved and no additional compensation will be allowed therefor.
SP-1-7.09 PROTECTION AND RESTORATION OF EXISTING
IMPROVEMENTS - The Contract shall take all necessary precautions to protect in place all existing medians, curb, sidewalk, trees, plants, turf and irrigation lines, etc., not scheduled for removal. The entire cost of replacing and/or repairing said existing improvements shall be borne by the contractor. Attention is directed to the provisions of Section 7-9 of the Greenbook Specifications. Permit conditions, rules and regulations of agencies having jurisdiction over the contractor's operations shall be strictly complied with.
The contractor shall protect existing improvements in place wherever possible. All existing improvements which must be removed for construction shall be restored to an equal or better condition than that of the existing improvements removed or damaged.
Restoration of existing improvements shall be in accordance with the Plans and Specifications and all provisions of the City of San Jacinto, the individual utility agency Standard Plans.
The contractor shall preserve and protect from injury all buildings, pole lines and all direction, warning and mileage signs which have been placed within the right-of-way.
Full compensation for the work involved in the preservation of property as above specified shall be considered as included in the prices paid for the various contract items of work, and no additional allowance will be made therefore.
SP-15
(22-010)
SP-1-7.10 PUBLIC CONVENIENCE — The contractor shall so conduct his operations to offer the least possible obstruction and inconvenience to the public or to the public traffic. Where existing streets are not available for use as detours, unless otherwise provided in these Special Provisions, all traffic shall be permitted to pass through the work.
TRAFFIC CONTROL (PUBLIC CONVENIENCE AND SAFETY) STREET
CLOSURES, DETOURS, BARRICADES — The Contractor shall comply with all applicable State, County and City requirements for work in the public right-of-way. The Contractor shall provide and maintain barriers, guards, lights, signs, temporary bridges, pilot cars, arrow boards, message boards, flag persons and watch persons, advising the public of detours and construction hazards. The Contractor shall also be responsible for compliance with additional public safety requirements which may arise during construction. The Contractor shall furnish and install, and upon completion of the work, promptly remove all signs and warning devices. All work shall be accomplished in accordance with the requirements specified in Subsection 7-10 of the Standard Specifications for "Public Works Construction" latest edition (Greenbook). In addition, traffic control shall be provided in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) latest edition and plans. A traffic control plan prepared by Registered Engineer shall be submitted to City for review. Access to existing businesses, residential, and farms shall be maintained at all times.
On residential streets at least one 12-foot wide lane shall be made available to the public. The Contractor shall offer the least obstruction to public traffic and residential driveways in the construction area. Access to all driveways shall be available by 5:00 PM Monday through Friday.
Full compensation for all work involved in providing for public convenience as set forth in this section including traffic control plans shall be considered as included in the prices paid for the traffic control and no additional allowance will be made therefore.
SP-1-7.11 PUBLIC SAFETY — The contractor shall furnish, erect, and maintain such fences, barriers, lights and signs as are necessary to give adequate warning to the public at all times that the work is under construction and of any dangerous conditions to be encountered as a result thereof in strict compliance with the latest edition of the MUTCD. Attention is directed to Section 7-10.4 of the Greenbook Specifications as amended in Paragraph 8 of the General Provisions. He shall also erect such warning and directional signs as shown on plans and/or as requested by the Engineer during the course of construction of the project.
It is the Contractor’s responsibility to provide for the safe passage for vehicles traveling to residences and business location within the limits of the project.
All barricades shall be of substantial construction and painted in a distinctive color or manner so as to be clearly visible to the approaching public.
Should the Contractor appear to be neglectful or negligent in furnishing warning and protective measures, the City Engineer, their representative or the City may direct attention to the existence of a hazard and the necessary warning and protective SP-16
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measures shall be furnished and installed immediately by the Contractor at his expense.
Should the City Engineer, their representative or the City point out the inadequacy of warning and protective measures, such action on the part of the City Engineer shall not relieve the Contractor from responsibility for public safety or abrogate his obligation to furnish any pay for these devices.
All traffic control signs shall be either covered or removed when not required by the nature of work or if no present hazard to the motorist exists.
Should the City place any warning lights or barricades to protect or warn the public of any dangerous condition connected with contractor’s operations, contractor shall become liable to the City at the current rental rate per night for each lantern or warning light placed by the City, plus actual labor, equipment rental and overhead costs, with a minimum charge of fifty ($50.00) dollars per day for each obstruction or dangerous condition so barricaded or lighted.
Public Safety shall be of the primary concern and the contractor shall be responsible for eliminating all conceivable hazards in providing such temporary passage. Prior approval by the Engineer is required.
The contractor shall conduct his operations such that fire hydrants, meter vaults, water and gas shut-off valves, and similar facilities are not buried during the course of the work and so as to offer the least possible obstruction and inconvenience to public traffic and to properties along the construction areas.
The contractor shall have at the worksite applicable copies or extracts of Construction Safety Orders. In compliance with generally accepted construction practices, the Contractor will be solely and completely responsible for conditions of the jobsite, including safety of all persons and property during performance of the work. This requirement will apply continuously and not be limited to normal working hours.
When performing underground work, the Contractor shall call Underground Service Alert, (800) 227-2600 or 811, the one-call underground facility locating service, two working days prior to beginning work on the project. All underground facilities marked in response to the locating phone call shall be hand-dug and exposed prior to any use of power equipment for excavation. If there is any substantial discrepancy between the field locations of underground facilities and those locations shown on the plans, the Contractor shall notify the Engineer prior to making an excavation.
PROTECTION OF THE PUBLIC – The following minimum restrictions shall be maintained by the Contractor in the conduct of his work:
It is part of the service required of the Contractor to make whatever provisions are necessary to protect the public. The Contractor shall use foresight and shall take such steps and precautions as his operations warrant to protect the public from danger, loss of life or loss of property, or from the failure of partially completed work or partially removed facilities. Conditions may arise on the work which will require that immediate and unusual provisions be made to protect the public from danger or loss, or damage to life and property, due directly or indirectly to prosecution of work under this Contract.
SP-17
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Whenever, in the opinion of the Engineer or the City, an emergency exists against which the Contractor has not taken sufficient precaution for the public safety, protection of utilities and protection of adjacent structures or property, which may be damaged by the Contractor’s operations and when, in the opinion of the City Engineer, immediate action shall be considered necessary in order to protect the public or property due to the Contractor’s operations under this Contract, the City or City Engineer will order the Contractor to provide a remedy for the unsafe conditions.
If the Contractor fails to act on the situation within a reasonable time period, the City or City Engineer may provide suitable protection to said interest by causing such work to be done and material to be furnished as, in the opinion of the Engineer may seem reasonable and necessary.
The cost and expense of said labor and material together with the cost and expense of such repairs as are deemed necessary shall be borne by the Contractor. All expenses incurred by the City for emergency repairs will be deducted from the progress payments and the final payment due to the Contractor. However, if the Agency does take such remedial measures, the Contractor is not relieved of the full responsibility for public safety.
Full compensation for all work involved in providing for public safety as set forth this section shall be considered as included in the prices paid for the traffic control system and no additional allowance will be made therefore.
SP-1-7.12 PUBLIC NOTICE — The Contractor shall notify the residents/businesses and schools affected by construction in writing not less than 7 days in advance of commencement of construction or storage of material upon the streets. The notice shall include but not be limited to:
The time and date of commencement.
A copy of the proposed construction schedule
C. Date of completion
D. Contact information for Contractor’s representative
In addition to the above, the Contractor shall notify all affected parties if work is to begin on new portions of the project as work proceeds, especially if the work involves changes to the traffic control system. A copy of this notification shall be approved by the City Engineer prior to its distribution.
The Contractor shall place “No Parking Anytime” signs 48 hours prior to construction at locations approved by the City Engineer, said signs shall be of the size and type specified by the City Engineer. The Contractor is also responsible for notifying all affected businesses and residents of his scheduled work.
Personal vehicles of the contractor’s employees shall not be parked on the traveled way at any time, including any section closed to public traffic.
When entering or leaving roadways carrying public traffic, the contractor’s equipment, whether empty or loaded, shall in all cases yield to public traffic.
SP-18
(22-010)
SP1-7.13 SOUND CONTROL REQUIREMENTS — If work is permitted for evening and weekends and holidays, the noise level from the contractor’s operations, between the hours of 8:00 p.m. and 6:00 a.m., shall not exceed 86 db at a distance of fifty (50’) feet. This requirement in no way relieves the contractor from the responsibility for complying with local ordinances regulating noise level. All other times, noise level shall be in compliance with standards.
Said noise level requirement shall apply to all equipment on the job or related to the job, including but not limited to trucks, transit mixers or transient equipment that may or may not be owned by the contractor. The use of loud sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel.
Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefore.
SP-1-7.14 LAWS TO BE OBSERVED — The contractor shall keep himself fully informed of State and National laws and County and City ordinances and regulations which in any manner affect those employed in the work or the materials used for the work or in any way affect the conduct of work. Attention is directed to Section 7.13 of the Greenbook Specifications as amended in Section 9 of the General Provisions.
SP-1-7.15 ADVANCE NOTIFICATION — It shall be the contractor’s responsibility to determine and notify those agencies requiring advance notification for inspection or other purposes before beginning construction in any area of concern to said agency. A minimum of forty-eight (48) hours advance notice shall be given to the various agencies before beginning construction in the area, unless specific advance times and requirements are stated in these detailed specifications or required by the agency. The following entities shall be notified at least seventy-two (72) hours in advance of any street closure or restriction to access by the contractor. Southern California Edison Company
Southern California Gas Company
Eastern Municipal Water District
Frontier
Spectrum
City of San Jacinto
The local Police and Fire Departments, RTA Bus Service, local schools, CR&R Waste Management, and local post office shall also be notified. The contractor will provide evidence of notification to these agencies by completing the City of San Jacinto standard road/lane closure form.
SP-1-7.16 EXPOSURE OF UTILITIES IN ADVANCE OF WORK — It shall be the contractor’s responsibility to determine the true location and depth of all utilities and service connections which may be affected by or affect the work. He shall also determine the type, material, and condition of these utilities.
SP-19
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SP-1-7.17 CULTURAL RESOURCES
1. If buried cultural resources are encountered during Project Activities, it is Caltrans policy that work stop in that area until a qualified archaeologist can evaluate the nature and significant of the find
2. In the event that human remains are found, the County Coroner shall be notified and all construction activities within 60 feet of the discovery shall stop. Pursuant to Public Resources Code Section 5097.98, if the remains are thought to be Native American, the Coroner will notify the Native American heritage Commission (NAHC) who will then notify the Most Likely Descendent (MLK). The person who discovered the remains will contact the District 8 Division of Environmental Planning; Andrew Walters, DEBC: (909) 383-2647. Further provisions of PRC 5097.98 are to be followed as applicable.
SP-20
(22-010)
PART 2 - STANDARD CONSTRUCTION DETAILS
SP-2-1.00 PRECONSTRUCTION CONFERENCE — The Contractor to whom the contract is awarded shall attend a preconstruction conference at a location and time set by the City or City Engineer.
SP-2-2.00 CONSTRUCTION MEETINGS — Construction meetings will be held at the jobsite as required and as requested by the Contractor, the City or the City Engineer to coordinate and discuss construction activities. Details regarding jobsite meetings will be arranged at the preconstruction conference.
SP-2-3.00 SPECIFICATIONS AND DRAWINGS FURNISHED TO CONTRACTOR — The Owner will furnish, to the successful Contractor, three (3) sets of specifications and drawings. Additional quantities of specifications and drawings will be furnished at reproduction cost.
SP-2-4.00 POWER AND WATER SUPPLY — The Contractor shall provide, at his own expense, all necessary power and water required for his operations under the contract. The Contractor shall provide and maintain in good order such modern power equipment as shall be adequate in the opinion of the Engineer to perform in a safe and satisfactory manner the work required by the contract.
SP-2-5.00 DUST ABATEMENT — The Contractor shall furnish all labor, equipment and means required and shall carry out protective measures wherever and as often as necessary in the opinion of the Engineer to prevent his operations from producing dust in amounts damaging to property or causing nuisance. The Contractor shall be responsible for any damage resulting from dust originating from his operations. The dust abatement measures shall be continued until all required resurfacing is completed or until the Contractor has completed arrangements with the proper authorities whereby he is relieved of further responsibility. Such arrangements shall be approved by the City Engineer prior to their completion. All compensation to be received for dust abatement shall be included in the prices named for mobilization as shown on the Bid Form.
SP-2-6.00 DAILY CLEANUP AND ACCESS — At the completion of work each day, the Contractor shall leave the work area in a clean, safe condition. Access to all adjacent properties and driveways and intersections shall be maintained at all times.
SP-2-7.00 FINAL CLEANUP — After completion of all other work on the project, and before making application for acceptance of the work, the Contractor shall clean the site of his operations, including any areas under the control of the City that have been used by the Contractor in connection with the work.
SP-2-8.00 MAINTENANCE AND GUARANTEE — As specified in Paragraph 10.3 of the General Provisions, the Contractor shall guarantee the work constructed by him for a period of two years following date of acceptance by the Owner.
SP-2-9.00 DIRT/GRINDING EXPORT — The Contractor shall be responsible for the removal of all excess dirt, grinding or unsuitable materials, if any, created by the construction of SP-21
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the street improvements within this project. If so noted on the project plans, the Contractor may spread the asphalt grindings from the roadway on the adjacent shoulder, to a depth of not more than 0.25’. The method of disposal for all asphalt grinding shall be approved by the City Inspector. The cost for this shall be considered in the unit bid price for roadway excavation.
SP-2-10.00 DIRT IMPORT — The Contractor shall be responsible for the import of any dirt, if required, for the construction of the proposed street improvements within this project.
The cost for obtaining, hauling and placement of any material shall be considered in the roadway excavation / earthwork bid item.
SP-2-11.00 COMPACTION — All fill, sub-base, base under pavement, curb, gutter, and sidewalks are to be compacted in place to 95% relative compaction except where specified otherwise. The earthwork will be tested for compliance by a Registered Soils Engineer. The contractor at its expense will provide the required soil testing. Any retesting by the Soils Engineer due to failure to achieve minimum compaction will be paid for by the Contractor.
SP-2-12.00 CONSTRUCTION SURVEY STAKING — The Contractor shall be responsible for providing survey service including, but not limited to, survey control, construction staking, and cut sheets to complete the scope of work, centerline ties and reset, and final certification of grades for as-built plans, as needed.
SP-2-13.00 SELECTED MATERIALS – Existing materials excavated within the project limits that meet the specifications for trench backfill, topsoil, or other selected materials may be used to fulfill all or a portion of the requirements for such materials. No additional compensation will be allowed for excavation, stockpiling, overhaul, or placing selected materials encountered in the excavation unless otherwise noted. All work shall meet with the requirement of Soil’s Engineer.
SP 2-14.00 SURPLUS MATERIALS – The Contractor shall furnish written consent from the owner of the property where it is intended to dispose of the surplus material, unless requested by City. Surplus excavation shall become the property of the Contractor.
SP-2-15.00 RECORD DRAWINGS – The Contractor shall keep one clean set of bond originals to note any changes which take place during construction. These changes to the original plans and/or specifications shall be noted at the appropriate locations with the appropriate changes indicated in red pencil or ink. The Contractor shall note in large letters “RECORD DRAWINGS” on the Title Sheet of the plans. The job will not be finalized by the City Engineer until these record drawings have been completed to the satisfaction of the City and the City Engineer. The changes shall be noted on the plans as the changes occur. The record drawings shall be submitted to the Resident Engineer, and become the property of the City at conclusion of the project.
Full compensation for maintaining and compiling the record drawings shall be considered to be included in other items of work and no additional compensation will be allowed.
SP-2-16.00 AREAS FOR CONTRACTOR’S USE - The road right of way shall be used only for purposes that are necessary to perform the required work. The Contractor shall not occupy the right of way, or allow others to occupy the right of way, for purposes which are not necessary to perform the required work.
SP-22
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No City-owned parcels adjacent to the right of way are available for the exclusive use of the Contractor within the contract limits. The Contractor shall secure, at the Contractor’s own expense, areas required for plant sites, storage of equipment or materials, or for other purposes, which cannot be safely placed within the closure area.
No area is available within the contract limits for the exclusive use of the Contractor.
The Contractor shall remove equipment, materials, and rubbish from the work areas and other City owned property which the Contractor occupies. The Contractor shall leave the areas in a presentable condition in conformance with Section 1.7.08 of these provisions.
The Contractor shall secure, at the Contractor’s own expense, areas required for plant sites, storage of equipment or materials or for other purposes, if sufficient area is not available to the Contractor within the limits available for use by the City.
SP-2-17.00 HOLIDAYS
No work shall take place on holidays or after 11:00 a.m. on the last working day preceding Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, and New Years Day. Special care shall be taken with setting up the traffic control system in preparation for a holiday. Compensation for work under this item shall be included the lump sum bid item(s) for traffic control.
APPENDIX A1 – A9
APPENDIX A1 – A9
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THE FOLLOWING PLANS AND DRAWINGS ARE INCORPORATED HEREIN BY REFERENCE AS IF SET FORTH IN THEIR ENTIRETY:
A1. Plans and Drawings - Grand Well Treatment Site Potable Water Improvement Plans A2. Technical Specifications - Grand Well Treatment Site Potable Water Improvement Technical Specifications
A3. Electrical Equipment Submittal - Pureflow Electrical Equipment Submittal for 2500 GPM Iron & Manganese Removal System
A4. Mechanical Equipment Submittal – Pureflow Mechanical Equipment Submittal For 2500 GPM Iron & Manganese Removal System
A5. Equipment Tag List – Pureflow Equipment Tag List
A6. Geotechnical Exploration – Leighton Geotechnical Exploration City Of San Jacinto Grand Well Groundwater Treatment Plant
A7. Grand Well Aquifer Pumping Test Results
A8. Grand Well Title 22 12-15-22
A9. Dioxin Re-Test Needed
APPENDIX B
APPENDIX B
(22-010)
CONTRACT FORMS
NOTICE OF AWARD
Date: ____________
To:
(Bidder)
Address:
REQUEST FOR PROPOSALS FOR CONSTRUCTION OF THE NEW GRAND TREATMENT PLANT
FACILITY AND EQUIPPING OF THE NEW GRAND WELL
You are hereby notified that your Bid dated _________________ for the above Contract has been considered. You are the apparent successful bidder and have been awarded a contract for the abovenamed project.
The Bid Price of your contract is $
You must comply with the following conditions precedent within 10 calendar days of the date of this Notice of Award; that is, by ___________________.
1. You must deliver to the City, the fully executed counterpart of the Contract.
2. You must deliver, with the executed Contract, the Payment and Performance Bonds, and all required insurance documents as specified in the Instructions to Bidders and the Special Provisions.
3. You must prepare and submit to the City, a construction schedule in accordance with Section 6 of the Special Provisions.
All of the above items shall be submitted to ________________ (name of project manager), City of San Jacinto Public Works Department.
Failure to comply with these conditions within the time specified will entitle the City to consider your Bid abandoned, to annul this Notice of Award, and to declare your Bid Security forfeited.
After you comply with the foregoing conditions, the City will return to you one fully signed counterpart of the Contract with the Contract Documents attached.
A mandatory pre-construction meeting for the contractor and all of his subs will be required prior to start of work and will be scheduled upon receipt of all contract documents.
You are required to return an acknowledged copy of this Notice of Award to the Agency.
CITY OF SAN JACINTO
_____________________________________________
By:
Title:
APPENDIX B
APPENDIX B
(22-010) 2 5
ACCEPTANCE OF NOTICE OF AWARD
Receipt of the above Notice of Award is hereby acknowledged by _________________________________ this _____ day of __________________________ , 20__ Contractor______________________
By____________________________
Title___________________________
__________________________
Contractor’s California License No.
__________________________
Expiration Date
APPENDIX B
APPENDIX B
(22-010)
NOTICE TO PROCEED
Date: __________________
Contractor:
Address:
Contract No.:
Project:
Subject: NOTICE TO PROCEED
Dear __________________:
You are hereby notified to that the Contract Time under the above Contract will commence to run on [INSERT START DATE], and the work must be complete within 90 working days thereafter.
The date of completion of the work is therefore [INSERT COMPLETION DATE]. The Contract provides for an assessment of liquidated damages for each and every calendar day after the above established contract completion date that the Work remains incomplete.
You are required to return an acknowledged copy of this Notice to Proceed to the City.
Please contact me at [INSERT CONTACT INFO] if you have questions. We are looking forward to a mutually successful project.
CITY OF SAN JACINTO
BY: __________________________
Title: _________________________
APPENDIX B
APPENDIX B
(22-010)
ACCEPTANCE OF NOTICE TO PROCEED
Receipt of the above Notice to Proceed is hereby acknowledged by _________________________________ this _____ day of __________________________ , 20__ Contractor_______________________
By_____________________________
Title____________________________
__________________________
Contractor’s California License No.
__________________________
Expiration Date
APPENDIX B
APPENDIX B
(22-010)
CHANGE ORDER
Project:
CI Number:
Contract #:
Change Order Number:
Change Order Date:
Contract Date:
To: [INSERT CONTRACTOR NAME, CONTACT INFORMATION AND REPRESENTATIVE]
THIS CHANGE ORDER FORM SHALL BE USED FOR ALL CHANGE ORDERS ASSOCIATED WITH THE WORK.
NO ADDITIONS OR DELETIONS TO THIS FORM SHALL BE ALLOWED, EXCEPT WITH PERMISSION OF THE CITY OF SAN JACINTO.
The Contract is changed as follows:
[INSERT DESCRIPTION OF CHANGE]
Contractor agrees to furnish all labor, materials, equipment and services to perform the work, modified as described herein, in accordance with the Contract Documents as revised by this Change Order.
NOT VALID UNTIL SIGNED BY OWNER
In consideration of the change(s) described above, the Contract Price is adjusted as follows:
The original Contract Price was $_____________________
Net change by previously authorized Change Orders $_____________________ The Contract Price prior to this Change Order was $_____________________ The Contract Price will be changed by this Change Order in the amount of $_____________________ The new Contract Price including this Change Order will be $_____________________ In consideration of the change(s) described above, the Contract Time is adjusted as follows:
The Contract Time will be (increased) (decreased) (unchanged) by ( ) Days The date of Completion as of the date of this Change Order therefore is ____/____/____ Attachments: [e.g., revised plans or specifications or itemized contractor proposal – if none, delete this line]
Contractor accepts the terms and conditions stated herein as full and final settlement of any and all claims arising from this Change Order. The adjustments to the Contract Price and Contract Time in this Change Order constitute the entire compensation and/or adjustment thereto due to Contractor, including but not limited to all direct, indirect, consequential, profit, labor, equipment, tools, idle time, incidentals, and overhead (field and home office) costs, due to Contractor arising out of or related to the change in the Work covered by this Change Order.
APPENDIX B
APPENDIX B
(22-010)
REQUESTED BY: ____________________________________________ Contractor
Date:_____________
ACCEPTED BY: ____________________________________________ City (Project Manager)
Date:_____________
APPROVED BY: ____________________________________________ City (City Engineer)
Date:_____________
APPENDIX C
APPENDIX C
(22-010)
CITY OF SAN JACINTO
TRAFFIC CONTROL REQUIREMENTS
1. The Contractor shall obtain a City Permit for work performed in the City right-of-way and provide the City with general liability insurance as stated on page B-5.
2. It is the responsibility of the Contractor performing work on a public street to install and maintain the traffic control devices according to the “Work Area Traffic Control Handbook”, latest edition, to insure the safe movement of traffic and pedestrians through or around the work area and provide maximum protection and safety to construction workers. The Contractor shall submit a traffic control plan for approval prior to start of work for any conditions not covered by the MTUCD TRAFFIC CONTROL.
3. FLASHING ARROW BOARD(S) ARE MANDATORY FOR LANE CLOSURES ON MAJOR STREETS. They shall operate until traffic control is removed.
4. All travel lanes shall be open between 5:00 a.m. and 8:30 a.m. and between 3:30 p.m. and 9:00 p.m. One travel lane in each direction shall be open at all times between 8:30 a.m. and 3:30 p.m.
Flaggers may be used if one lane in each direction cannot be kept open with the approval of the Traffic Engineer. All traffic lanes shall be open before and after work hours.
5. All open trenches shall be covered with non-skid steel plates or temporary asphalt pavement before and after work hours. All open trenches shall be backfilled within 72 hours.
6. All signs, delineators, barricades, etc., shall conform to the State of California Standard Specifications latest edition, the California Department of Transportation “Manual of Traffic Control for Construction and Maintenance Work Zones: (latest edition), and the “MTUCD”, latest edition. All barricades shall be equipped with flashing/steady burn warning lamps at night. All cones, delineators, barricades, and "k" rail shall be reflectorized. All traffic control shall be kept in their proper position at all times, and shall be repaired, replaced, or cleaned as necessary to preserve their appearance and continuity. Any devices not part of the required traffic control or detours shall be removed from the view of the travelling public immediately.
7. Where necessary, properly post "TEMPORARY NO PARKING ANYTIME" signs at least 48 hours before start of work. The Contractor shall notify the local Police Department immediately upon posting signs.
8. Vehicular and pedestrian access to adjacent properties shall be provided at all times. Closed sidewalks shall be posted with “SIDEWALK CLOSED” signs at each approach to the closure and an approved alternate route provided.
9. Protect traffic signal detectors in place or replace within 5 calendar days of final paving. All detectors damaged by the work shall be replaced to the standards of the City Public Works Department.
10. Notify City and City Engineer at least 48 hours prior to any work in right-of-way.
11. Any revisions to the traffic control plans or requirements shall be approved by the City and City Engineer.
APPENDIX C
APPENDIX C
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12. In case of conflict between the above and these stated in the specifications and plans, the most stringent shall apply.
13. Traffic control plans shall be required and submitted by Contractor. The plans shall be prepared by a Registered Engineer.
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