(Updated 07/12/22)
CONTRACT FOR SERVICES
THIS CONTRACT is entered into this day of 2023 , between the CITY OF STOCKTON, a municipal corporation (“CITY), and PAVEMENT RECYCLING SYSTEMS, INC., a STATE OF CALIFORNIA CORPORATION , with a business address at 10240 SAN SEVAINE WAY, JURUPA VALLEY , CA 91752, hereinafter c alled "CONTRACTOR.," THIS CONTRACT is for
the ASPHALT CONCRETE COLD PLANING THROUGH
DECEMBER 2024, PROJECT NO. WD23003
, hereinafter referred to as “SERVICE”.
RECITA
LS
A. CONTRACTOR represents that it is licensed in the State of California and is qualified, willing and able to provide t he services proposed in the SCOPE OF WORK section of this Contract.
B. CONTRACTOR represents that it is registered pursuant to Labor Code Section 1725.5 and will register annually with the Department of Industrial Relations, if the services have a wage determination for the services outlined in the SCOPE OF WORK section of this Contract.
C. CONTRACTOR represents that it will pay all requir ed prevailing wages under California Labor Code for all services provided that have a wage determination.
D. CITY finds it necessary and advisable to use the services of the CONTRACTOR for the purposes provided in this Contract.
NOW THEREFORE, in consideration of the mutual promises, covenants and conditions in this Contract, CITY and CONTRACTOR agree as follows:
1. SCOPE OF SERVICES. Subject to the terms and c onditions set forth in this Contract, CONTRACTOR shall undertake and complete the services described in Exhibit A (scope and specifications). CONTRACT
OR shall provide said services at the time, place,
and in the manner specified in Exhibit A and com patible with the standards of the profession.
CONTRACTOR agrees that it s hall provide fully complete services including all labor,
materials, tools, equipment and insurance required and that are acceptable to the CITY.
2. COMPENSATION. CITY shall pay CONTRACTOR f
or services outlined in
Exhibit A according to the fee not to exceed the schedule detailed in Exhibit B (fee
schedule), which is attached to this Contract and incorporated by this reference.
CONTRACTOR agrees this fee is for full re muneration for performing all services and furnishing all staffing, materials and tools called for in the scope of services. The payments shall be made on a monthly basis upon receipt and approval of CONTRA CTOR’S invoice for completed work. Total compensation for serv ices and reimbursem ent for costs shall not exceed $352,125.00 or as otherwise mutually agreed to
in a Contract Change Order.
ASPHALT CONCRETE COLD PLANING THRO
UGH DECEMBER 2024, Project No.
WD23003
ATTACHMENT A
(Updated 07/12/22)
Pursuant to Section 22300 of the Public Contract Code, CONTRACTOR will be permitted, at its request and sole expense, to substitute securi ties for any monies withheld by the CITY to ensure performance under the contract. Said securities will be deposited either with the CITY or with a State or federally ch artered bank as escrow agent. Se curities eligible for this substitution are those listed in Section 16430 of th e California Governm ent Code or bank or savings and loan certificates of deposit. CO NTRACTOR shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. a. Invoices submitted by CONTRACTOR to CITY must contain a brief description of work performed, location of work, time used, materials and special equipment and City project number. Payment shall be made within thirty (30) days of approval of invoice by City.
b. Upon completion of work and acceptanc e by CITY, CONTRACTOR shall have sixty (60) days in which to submit final invoicing for payment. An extension may be granted by CITY upon receiving a written request thirty (30) days in advance of said time limitation. CITY shall have no obligat ion or liability to pay any invoice for work performed which CONTRACTOR fails or neglects to submit within sixty (60) days, or any extension thereof granted by the CITY, after work is accepted by CITY.
3. INSURANCE. During the term of this Contract, CONTRACTOR shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit C (Insurance Requirements and Forms) which is attached to this contract and incorporated by this reference, and shall ot herwise comply with the other provisions of Exhibit
C. Maintenance of proper insu rance coverage is a material element of this contract and that failure to maintain or renew coverage or to provide evidence of renewal may be treated as a material breach of contract.
CONTRACTOR shall not commence any work before obtaining, and shall maintain in f orce at
all times during the duration and performance of this contract, the policies of insurance specified in Exhibit C, which is attached to this contract and incorporated by this reference, and as provided in the “contract documents” including Section 7-1.06 of the City of Stockton Standard Specifications and Plans as adopted on September 27, 2016, by Council Resolution No. 2016-09-27-1213, effective September 27, 2016.
It shall be a requirement under this agreem
ent that any available insurance proceeds broader
than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the Additional Insured. Furthermore, the requi rements for coverage and limits
shall be (1) the minimum coverage and limits specif ied in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named Insured; whichev
er is greater.
The Additional Insured coverage under the CONTRACTOR’s policy shall be “primary and non- contributory” and will not seek contribution from the City of St ockton’s insurance or self- insurance and shall be at least as
broad as ISO CG 20 01 04 13.
ASPHALT CONCRET
E COLD PLANING THROUGH DECEMBER 2024, Project No.
WD23003
ATTACHMENT A
(Updated 07/12/22)
The limits of insurance required in this agreement 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 co verage shall also apply on a pr imary and non-
contributory basis for the benefit
of the City of Stockton (if agreed to in a written contract or agreement) before the City of Stockton’s own insurance or self-insurance shall be called upon to protect it as a named insured.
All self-insured retentions (SIR) must be disclosed to the CITY’s Risk Management for approval and shall not reduce the limits of liability. Payment Bond in the amount of the self-insur ed
retention (SIR) may be required.
Policies containing any self-insured retention
(SIR) provision shall provide or be endorsed to
provide that the SIR may be satisfied by either the named insured or the CITY.
The CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements. Failure to exercise this
right shall not constitute a waiver of right to exercise later.
CONTRACTOR shall maintain insurance as requir ed by this contract to the fullest amount
allowed by law and shall maintain insurance for a minimum of five years following the completion of this project. In the event contractor fails to obtain or mai ntain completed operations coverage as required by this agreement, the CITY at its sole discretion may purchase the coverage r
equired and the cost will be paid by CONTRACTO R.
CONTRACTOR agrees to include with all Subc ontractors in their subcontract the same requirements and provisions of this agreem ent including the indemnity and insurance requirements to the extent they apply to the scope of the Subcontractor’s work. Subcontractors hired by CONTRACTOR agree to be bound to CONTRACTOR and the CITY in the same manner and to the same extent as CONTRACT OR is
bound to th
e CITY under the Contract
Documents. CONTRACTOR further agrees to include these same provisions with any subcontractor regardless of tier. A copy of the CITY Contract Do cument Indemnity and Insurance provisions will be furnished to the Subcontract or upon request. The CONTRACTOR
shall require all Subcontractors to provide a valid certificat e of insurance and the required endorsements included in the agreem ent prior to commencement of any work and contractor will provide proof of compliance to the CITY.
4. INDEMNITY AND HOLD HARMLESS. With the exception that this section shall
in no event be construed to require indemnification by CONTRACTOR to a greater extent than permitted under the public policy
of the State of California, CONTRACT OR shall indemnify, protect, defend with counsel ap proved by CITY and at CONTRACTOR’S sole cost and expense, and hold harmless CITY, its Mayor, Council, officials, representatives, agents, employees,
and volunteers from and against any and all claims, caus es of action, liabilities, judgments, awards, losses, liens, claims, stop notices, damages, expenses, and costs (including without limitation attorneys’ fees, expert and consultant fees, and other expenses of litigation) of every nature, including, but not limited to, death or injury to persons, or damage to
ASPHALT CONCRETE COLD PLANING THRO
UGH DECEMBER 2024, Project No.
WD23003
ATTACHMENT A
(Updated 07/12/22)
property, which arise out of or are in any wa y connected with the work performed, materials furnished, or services provided under this Agreem ent, or from any violation of any federal, State, or municipal law or ordinance, or City Policy, by CONTRACTOR or CONTRACTOR’S officers, agents, employees, vo
lunteers or s ubcontractors. CONTRACTOR shall not be
obligated to indemnify or defend CITY for claims finally determined by a court of law or arbitrator to arise from the active negligen ce or willful misconduct of the CI TY. It is the intent of the Parties that this indemnity obligation is at least as broad as is permitted under California law.
To the extent California Civ
il Code sections 2782, et seq., lim it the defense or indemnity obligations of CONTRACTOR to
CITY, the intent hereunder is to provide the maximum defense and indemnity obligations allowed by CONTRACTOR under the law. Th e indemnity set forth
in this section shall not be limited by insurance requirements or by any other provision of this Agreement.
With exception that this section shall in no event be construed to require indemnific ation,
including the duty to defend, by CONTRACTOR to a greater extent than permitted under the
public policy of the State of California, the par
ties agree that CONTRACTOR’S duty to defend
CITY is immediate and arises upon the filing of any claim against the CITY for damages which arise out of or are in any way connected with the work perfo rmed, materials furnished, or services provided under this Agreement by CONTRACTOR or CONTRACTOR’S officers, agents, employees, volunteers or subcontractors. CONTRACTOR’S duties and obligations to defend the CITY shall apply regardless of whether or not the issue of the CITYS liability, breach of this Agreement, or other obligat
ion or fault has been determined. CONTRACTOR shall be
immediately obligated
to pay for CITY’S defense costs of the claim, including, but not limited to, court costs, attorney’s fees and costs, expert consultant and witness fees and costs, other witness fees, document reproduction costs, arbitration fees, and, if after final judgm ent an
appeal is pursued, all of such cost s for the appeal. At the conclusion of the claim, if there is any determination or finding of so
le active negligence or willful miscondu ct on the part of the CITY, CITY will then reimburse CONTRA CTOR for amounts paid in excess of CONTRACTOR’S proportionate share of responsibility for th e damages within 30 days after CONTRACTOR provides CITY with copies of all bills and expenses incurred in the defense of the claim(s). It is agreed bet ween the parties that this reimbursement provision assures CONTRACTOR is not obligated to defend or
i ndemnify CITY in an amount greater than
provided for under California law, including, without limitation, California Civil Code sections
2782, 2782.6, and 2782.8.
With the exception that this section shall in no event be construed to require indemnification by CONTRACTOR to a greater extent than permitt ed under the public policy of the State of California, and in addition to the other indemnity obligations in this Agreement, CONTRACTOR shall indemnify, defend, and hold harmless CITY, its Mayor, Council, officials, representatives,
agents employees and volunteers fr
om and agains t all claims, losses, expenses, and costs including, but not limited to attorneys’ fees, arising out of any claim br ought against the CITY by an employee, office, agent, or volunteer of CONTRACTOR, regardless of whether such claim may be covered by any applicable
workers compensation insurance. CONTRACTOR’S
indemnific
ation obligation is not limited in any wa y by any limitation on the amount or type of damages, compensation, or benef its payable by or for the CONTRACTOR under workers’ compensation acts, disability acts
, or other employee benefit acts.
ASPHALT
CONCRETE COLD PLANING THRO
UGH DECEMBER 2024, Project No.
WD23003
ATTACHMENT A
ASPHALT CONCRETE COLD PLANING THROUGH DECEMBER 2024, Project No.
WD23003
(Updated 07/12/22)
CONTRACTOR’S obligation to defend, indemnify, and hold the CITY, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Contract for CONTRACTOR to procure and maintain a policy of insurance.
CONTRACTOR/Subcontractor's responsibility for such defense and indemnity obligations shall survive the termination or completion of this agr eement for the full period of time allowed by law.
If any section, subsection, sentence, clause or phrase of this indemnification is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this indemnification.
5. SCHEDULE AND TERM. CONTRACTOR shall perform the scope of work as described in Exhibit A according to the schedule detailed in Exhibit A, which is attached to this Contract and incorporated by this referenc e. This contract shall commence on the date written above and shall expire on December 31, 2024, unless extended by mutual agreement through the issuance of a Contract Change Order. This contract pr ovides for two (2), one (1) year extensions at the same rates and terms as outlined in Exhibit A and EXHIBIT B.
6. CONFORMANCE TO APPLICABLE LAWS. CONTRACTOR shall comply with all applicable Federal, State, and Municipal laws, rules, and ordinances. a. TITLE VI
Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color,
or national origin, be excluded from
participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” (42 USC Section 2000d) http://www.dol.gov/oasam/regs/statutes/titlevi.htm.
The City of Stockton requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source. b. DISCRIMINATION AND HA
RASSMENT POLICY
The City of Stockton has a Discrimination and Harassment Policy (Exhibit D).
The purpose of this policy is to reaffirm the CITY’s commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace, to define the types of behavior and conduct prohibited by this policy, and to set forth a procedur e for reporting, investigating, and resolving complaints of discrimination and harassment in the workplace.
//
//
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ATTACHMENT A
ASPHALT CONCRETE COLD PLANING THROUGH DECEMBER 2024, Project No.
WD23003
(Updated 07/12/22)
c. LABOR STANDARDS PROVIS IONS/CALIFORNIA LABOR CODE
The bidder shall understand that conditions set forth in Chapter 1, Part 7, Division 2 of the California Labor Code sha
ll be considered part of the contract
agreement.
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=LAB &division=2.&title=&part=7.&chapter=1.&article=2.
d. PREVAILING WAGE
CONTRACTOR and any subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has determined the general
prevailing raand employer payments for he alth and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093 and similar purposes applicable to the work to be done. CONTRACTOR performing the work under this contract shall obtain a copy of the wage rate determination and shall distribute copies to each subcontractor. As the wage determination for each craft reflects an expiration date, it sha ll be the prime CONTRACTOR and each subcontractor's responsibility to insure that the prevailing wage rates of concern is current and paid to the employee.
i. The CONTRACTOR performing the work shall be responsible for obtaining a copy of the State wage rate dete rmination. State wage rates may be obtained at
http://www.dir.ca.gov/OPRL/pwd/Determinations/Northern/Northern.pdf.
The CONTRACTOR shall be responsible for posting said wage rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work.
ii. Should the CONTRACTOR choose to work on a Saturday, Sunday or on a holiday recognized by the Labor Unions, the CONTRACTOR shall reimburse the CITY the actual cost of engineering, inspection, superintendence, and or other overhead expenses which are dire ctly chargeable to the contract.
Should such work be undertaken at the request of the CITY, reimbursement will not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, of the Labor Code of the State of California. To forfeit as a penalty to CITY the sum of TWENTY FIVE AND NO/100 DOLLARS ($25.00) for eac h laborer, worker, or mechanic employed by CONTRACTOR, or by any subcontra ctor under CONTRACTOR, in the execution of this contract, for each calendar day during which any laborer, worker, or mechanic is required or pe rmitted to work more than eight (8) hours and who is not paid t he general prevailing rate of per diem wages for holiday and overtime work in violation of the provisions of Sections 1770 to
ATTACHMENT A
(Updated 07/12/22)
1781 of the Labor Code of the State of California. T hat all sums forfeited under the provisions of t he foregoing sections shall be deducted from the payments to be made under the terms of this contract.
iii. The CONTRACTOR to whom the contra ct is awarded shall insure that the prime and each subcontractor will in accordance with Section 1776 of the Labor Code, maintain certified payroll records. A copy of said records shall be provided with each invoice to the Public Works Department, Attention Contract Compliance Officer. It shall be the CONTRACTOR’S responsibility to obtain copies of the current prevailing wage rate determination for all subcontractors. Additionally, certifi ed payroll records must be uploaded to the DIR website as required by labor code.
iv. The CONTRACTOR shall comply with the provisions established in Section 1777.5 of the Labor Code concerning the 1) certified approval by local joint apprenticeship committees for the employ ment and training of apprentices, and 2) contribution of funds to administer and conduct apprenticeship programs, if applicable to the job.
e. LOCAL EMPLOYMENT ORDINANCE
Pursuant to Stockton Municipal Code Section 3.68.095 the CONTRACTOR and all subcontractors shall make a good faith effort to empl oy at least 50 percent of
the workforce on this project from local residents, as measured by total labor work hours. Failure of any CONTRACTOR or subcontractor to comply with these requirements shall be deemed a material breac h of the contract or subcontract.
CONTRACTORS and subcontractors shall maintain records necessary for monitoring their compliance with section 3.68.095.
f. SANCTIONS
Deliverables must conform with all applicable federal, state, and local laws. Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities.
7. CHANGE ORDERS. CITY reserves the right to make such alterations, deviations, additions to or omissions from the pl ans and specifications, including the right to increase or decrease the quantity of any item or portion of the work, as may be deemed by the Project Manager to be necessary or advisable and to require such extra work as may be determined by the Project Manager to be required for the proper completion of the whole work
contemplated.
Any such changes will be set forth in a contra ct change order whic h will specify, in addition to the work done in connection with the
change made, adjustment of contract time, if
ASPHALT CONCRET
E COLD PLANING THROUGH DECEMBER 2024, Project No.
WD23003
ATTACHMENT A
ASPHALT CONCRETE COLD PLANING THROUGH DECEMBER 2024, Project No.
WD23003
(Updated 07/12/22)
any, and the basis of compensation for such wo rk. A contract cha nge order will not become effective until approved by the City Manager and/or the City Council.
8. RIGHTS AND DUTIES OF CITY. CITY shall make available to CONTRACTOR all data and information in the possession of CI TY which both parties deem necessary to complete the work, and CITY shall actively aid and assist CONTRACT OR in obtaining such information as may be deemed necessary from other agencies and individuals.
9. OBLIGATIONS OF CONTRACTOR. Throughout the term of this Contract, CONTRACTOR represents and warrant s that it has or will have at the time this Contract is executed, all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required for the CONTRA CTOR to practice its professions, and CONTRACTOR shall, at its own cost and expense, keep in effect during the life of this Contract all such licenses, permits, qualifications, insurance, and approvals CONTRACTOR shall meet with the Public Works Director or other personnel of CITY or th ird parties as necessary on all matters connected with the carr ying out of CONTRACTOR’S services. Such meetings shall be held at the request of either party hereto. CONTRACTOR further warrants that it will follow the best current, generally acce pted and professional practice s to make findings, render opinions, prepare factual presentations , and provide professional advice and recommendations regarding this project.
10. TERMINATION. This Agreement is effective on the Effective Date. The City may terminate this Contract and work pursuant to any of all scope of works at any time by mailing a notice in writing to Contractor. The Contract shall then be deemed terminated and no further work shall be performed by Contractor. If the C ontract is so terminated, the Contractor shall be paid for that percentage of work actually comple ted at the time the not ice of termination is received.
11. CONTRACTOR STATUS. In performing the obligations set forth in this Contract, CONTRACTOR shall have the status of an independent contractor and CONTRACTOR shall not be considered to be an employee of the City fo r any purpose. All persons working for or under the direction of CONTRACTOR are its agents and employees, and are not agents of the CITY. Subcontractors shall not be recognized as having any direct or contractual relationship with the CITY. The persons engaged in the work , including employees of subcontractors and suppliers, will be considered employees of CONTRACTOR. The CONTRACTOR shall be responsible for the work of subcontractors, which shall be subject to the provisions of this Contract. The CONTRACTOR is responsible to the CITY for the acts and omissions of its subcontractors and persons directly or indirectly employed by them. a. If in the performance of this Cont ract any third persons are employed by CONTRACTOR, such persons shall be entirely and exclusively under the direction, supervision, and control of CONTRACTOR. All terms of employment including hours, wages, working conditions, disciplin e, hiring, and dischar ging or any other term of employment or requirement of law shall be determined by CONTRACTOR. i. It is further understood and agreed that CONTRACTOR must issue W-2 forms
ATTACHMENT A
(Updated 07/12/22)
or other forms as required by law fo r income and employment tax purposes for all of CONTRACTOR’S personnel.
ii. As an independent contractor, CONTRACTOR hereby indemnifies and holds CITY harmless from any and all claims that may be made against the CITY based upon any contention by any third party that employer-employee relationship exists by reason of this Contract.
12. ASSIGNMENT. CONTRACTOR shall not assign, sublet, or transfer this Contract or any interest or obligation in the Contract without the prior written c onsent of the CITY, and then only upon such terms and conditions as CITY may set forth in writ ing. CONTRACTOR shall be solely responsible for reimbursing subcontractors.
13. HEADINGS NOT CONTROLLING. Headings used in the Contract are for reference purposes only and shall not be considered in construing this Contract.
14. NOTICES. Any and all notices herein required shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed as follows:
To CONTRACTOR: Pavement Recycling Systems, Inc. To City: Public Works Director 10240 San Sevaine Way City of Stockton
Jurupa Valley, CA 91752 22 E. Weber Ave., Rm. 301
Stockton, CA 95202
15. LICENSES, CERTIFICATIONS, AND PERMITS. Prior to the CITY’S execution of this Contract and prior to the CO
NTRACTOR engaging in any operation or activity set forth in this Contract, CONTRACTOR shall obtain a City of Stockton business license, which must
be kept in effect during the term of this Contract. CONTRACTOR covenants that it has obtained all certificates, licenses, permits and t he like required to perform the services under this Contract.
16. RECORDS AND AUDITS. CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for se rvices under this Contract. Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance.
CONTRACTOR agrees that CITY or its delegat e shall have the right to review, obtain, and copy all records pertaining to performance of the Contract. CO NTRACTOR agrees to provide CITY or
its delegate with any relevant information requested, and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and ins pecting and copying such books, records, accounts, and other material that may be relevant to a matter under inv estigation for the
purposes of determining compliance with this C ontract. CONTRACTOR agrees to maintain such records for a period of three years from the date that final payment is made.
ASPHALT CONCRET
E COLD PLANING THROUGH DECEMBER 2024, Project No.
WD23003
ATTACHMENT A
(Updated 07/12/22)
17. CONFIDENTIALITY. CONTRACTOR shall exercise reasonable precautions to prevent the unauthorized disclosure and use of CITY’S reports, information, or conclusions.
18. CONFLICTS OF INTEREST. CONTRACTOR covenants that other than this Contract, CONTRACTOR has no financial intere st with any official, employee, or other representative of the CITY. CONTRACTOR and its principals do not have any financial interest in real property, sources of income or invest ment that would be affe cted in any manner or degree by the performance of CO NTRACTOR’S services under this Contract. If such an interest arises, CONTRACTOR will immediately notify CITY.
19. WAIVER. In the event either CITY or CO NTRACTOR at any time waive any breach of this Contract by the other, such waiver shall not c onstitute a waiver of any other or succeeding breach of this Contract, whether of the same or of any other covenant, condition, or obligation.
20. GOVERNING LAW. California law shall govern any legal action pursuant to this Contract with venue for all claims in the Superior Court of the County of San Joaquin, Stockton Branch or, where applicable, in the federal District Court of California, Eastern District, Sacramento Division.
21. DISPUTE RESOLUTION . Prior to undertaking any li tigation, the Parties shall make reasonable efforts to resolve all disputes informally, including by means of a conference between senior managers of each Party having authority to resolve the dispute.
1. Venue
Any controversy or claim between the Parties shall be determined with venue for all claims in the Superior Court of the County of San Joaquin, Stockton Branch or, where applicable, in the federal District Cour t of California, Eastern District, Sacramento Division.
2. If any litigation action or proc eeding is commenced in connection with this Agreement, the prevailing Party, as determined by the court, shall be entitled to reasonable attorneys' fees (including allocated costs for in-house legal services), costs and necessary disburse ments incurred in such action or proceeding.
22. NO PERSONAL LIABILITY. No official or employee of CITY shall be personally liable to CONTRACTOR in the event of any def ault or breach by CITY or for any amount due CONTRACTOR.
23. INTEGRATION AND MODIFICATION. The response by CONTRACTOR to the Request for Proposals or Qualifications and the Request for Proposals or Qualifications on file with the CITY are hereby incorporated herein by re ference to the extent that such documents do not differ from the provisions and terms of this Contract that shall supersede such response to Request for Proposals or Qualifications. Th is Contract represents the entire integrated agreement between CONTRACTOR and CI
TY, supersedes all prior negotiations,
ASPHALT CONCRET
E COLD PLANING THROUGH DECEMBER 2024, Project No.
WD23003
ATTACHMENT A
SPECIAL PROVISIONS FOR
ASPHALT CONCRETE COLD PLANING
THROUGH DECEMBER 2024
PROJECT NO. WD23003G
SPECIAL NOTES
1. Official bid doc
uments including plans and specifications are a vailable online at:
http://www.stocktongov.com/services/business/bidflash/pw.html?dept=Public_Works All bids submitted for this project must conform to the requirements of the official bid documents, including specifications and plans.
SECTION 1 SPECIFICATIONS AND PLANS
1-1.01 Specifications
The work described herein shall be done in accordance with the current City of Stockton, Department of Public Works, Standard Specifications and the c urrent Editions of t he State of C alifornia, Department of Transportation Standard Specifications and Standard Plans and in accordance with the following Special Provisions. To the extent the California Department of Transportation Standard Specifications implement the STATE CONTRACT ACT they shall not be applicable since the City of Stockton is not subject to said ACT.
In case of co nflict or discrepancy between any of the Contract Documents, the order of documents listed below shall be the order of precedence, with the first item listed having the highest precedence:
1. Contract Change Order (Modifications or changes last in time are first in precedence)
2. Contract
3. Project Special Provisions
4. Project Plans
5. City Standard Specification
6. City Standard Drawings
7. Revised Caltrans Standard Specifications
8. Caltrans Standard Specifications
9. Revised Caltrans Standard Plans
10. Caltrans Standard Plans
11. Supplemental Project Information
With regards to discrepancies or conflicts between written dimensions given on drawings and the scaled measurements, the written dimensions shall govern.
With regards
to discrepancies or conflicts between large-scale drawings and small-scale drawings, the larger scale shall govern.
With regards
to discrepancies or conflicts between detailed drawings and referenced standard drawings or plans, the detailed drawings shall govern.
In the
event where provision s of co des, safety or ders, contract d ocuments, re ferenced ma nufacturer’s specifications or industry standards are in conflict, the more restrictive and higher quality shall govern. Should it appear that the work to be done or any of the matters relative thereto are not sufficiently detailed or explained in these specifications, the Special Provisions, or the plans, the Contractor shall apply to the Engineer in writing for such further explanations as may be necessary and shall conform to them as part of the contract. All responses from the Engineer s hall also be in w riting. In the event of any doubt or question arising respecting the true meaning of these specifications, the Special Provisions or the plans, reference shall be made to
the Engineer, whose decision thereon shall be final.
EXHIBIT A
ATTACHMENT A
1-1.02 Contractor’s Responsibility
The Contractor shall examine carefully the site of the work and the plans and specifications therefore. The Contractor shall investigate to their satisfaction as to conditions to be encountered, the character, quality and quantity of surface, subsurface materials or obstacles to be encountered, the work to be performed, materials to be furnished, and as to the requirements of the bid, plans and specifications of the contract. 1-1.03 Terms and Definitions
Wherever in the Standard Specifications, Special Provisions, Notice to Contractors, Proposal, Contract, or other contract documents the following terms are used, the intent and meaning shall be interpreted as follows:
City or Ow
ner - City of Stockton
CA-MUTCD - Lates
t edition of the C alifornia Manual on Uniform Traffic
Control De vices and any amendments and r evisions
thereto
Director
- Director of Public Works, City of Stockton
Standard Spe
cifications - City of Stockton Latest Standard Plans and Specifications And any amendments and revisions thereto.
Caltrans Speci
fications - Current and Latest State of California, Department of Transportation, and any amendments or revisions thereto.
Department
- Department of Public Works, City of Stockton
Engineer
- City Engineer, City of Stockton, acting either directly or through properly authorized Engineer, ag ents and
consultants.
See following page
EXHIBIT A
ATTACHMENT A
SECTION 2 PROPOSAL REQUIREMENTS AND CONDITIONS
2-1.01 Gen
eral
The bidder’s a
ttention is directed to the “Notice to Bidder” for the date, time and location of the Pre-Bid meeting, if applicable. Refer to the City of Stockton’s Bid Flash webpage:
http://www.stocktongov.com/services/business/bidflash/default.html SECTION 3 A WARD AND EXECUTION OF CONTRACT
3-1.01 Ad
dendum and Bid Inquiries
The addendum an
d bid inquiries will be posted on the City website. An email notification will be issued to all registered plan-holders. It is the contractor’s/sub-contractor’s sole responsibility to register as a plan holder. If a firm is not registered as a plan holder, they will not receive the notifications about ad dendum/bid inquiries/other information related to the project. To register as a plan holder, please send an email to Katrina Cooper at [email protected] referencing the project na me. Bid inquiries will not be accepted within 5 calendar days of bid opening date.
3-1.02 Con
tract Award
Each prospect
ive bidder shall be required to bid on all items. Failure to bid an item shall be just cause for considering the bid as non- responsive. The City reserves the right to reject all bids. The bidders must be responsible, and their bids must be responsive.
If the City a
wards the Contract, the basis of the award will be the responsible bidder with the lowest bid whose proposal complies with all requirements prescribed.
The contract
shall be executed by the successful bidder and shall be returned, along with the contract bonds, so that it is rec eived by the C ity within ten (10) working days after the bidder has received the contract for execution. Failure to do so shall be just cause for forfeiture of the proposal guaranty. The executed contract documents shall be delivered to the following address:
Attention: A
manpreet Grewal
City of Stockton
Public Works Department
1465 S. Lincoln Street
Stockton, CA 95206
3-1.03 Bid Pro
test
All parties wishing to file a protest shall comply with the procedures set forth below:
All protests regarding the bidding process or award, or intended award, of any contract must be submitted in writing to the City Attorney on or before 5:00 p.m. of the fifth business day following the opening of all bids, unless a different time period is specified in the Notice Inviting Bids or other bid solicitation documents.
All protests must be addressed to:
City Att
orney
City of Stockton
425 North El Dorado Street, 2nd Floor
Stockton, CA 95202
EXHIBIT A
ATTACHMENT A
The party filing the protest must have submitted a bid for the work. A subcontractor of a bidder may not submit a bid protest.
The protest shall contain a complete statement specifying in detail the grounds of the protest and the facts in support thereof. The protest must be hand delivered or send via mail so that the City Attorney receives it within the time period set forth above. The protest documents must include the following:
• A complete statement of the factual and legal basis for the protest; • The protest must include the name, address and telephone number of the person representing the protesting party; and
• The protesting party must concurrently transmit a c opy of the written protest document and any attached documentation to all other bidders who may have a reasonable prospect of receiving the award depending on the outcome of the protest.
The procedure and time limits set forth herein are mandatory and the bidder’s sole and exclusive remedy in the event of a protest. No bidder may bring an action or proceeding challenging the bidding process or any award, or i ntent to award, any contract unless the a bove pro cedures are f ollowed. T he f ailure of a part y originating a protest to com ply with t hese procedures shall con stitute a waiver of any ri ght to further pursue the protest, including filling a government code claim or l egal p roceeding. The City reserves the ri ght t o modify t he bid protest pro cedures in the Notice I nviting Bids or other bid solicitation d ocuments a nd to require any protesting party to submit additional or clarifying information or documentation in support of any protest.
3-1.04 Contract Execution
The bidder's
attention is directed to the provisions in Section 3, "Contract Award and Execution," of t he Caltrans Specifications and these Special Provisions for the requirements and conditions concerning award and execution of the contract. Bid protests are to be delivered to the address noted above.
See following page
EXHIBIT A
ATTACHMENT A
SECTION 4 B EGINNING OF WORK, SCHEDULE, TIME OF COMPLETION A ND
LIQUIDATED DAMAGES
4-1.01 Beginning of Work
The Contractor s
hall perform and complete the proposed work in a thorough and workmanlike manner, and to furnish and provide in connection therewith all necessary labor, tools, implements, equipment materials and supplies.
Attention is directed to the provisions in Section 8- 1.04B, “Standard Start,” of the Caltrans Standard Specifications and these Special Provisions.
At no time shall construction begin without receiving notice that the contract has been approved by the City Attorney or an authorized representative. The Contractor shall follow the sequence of construction and progress of work as specified in Section 9-1.02, “Contractor Work Procedure,” and Section 9-1.03 Prosecution and Progress” of these Special Provisions.
The Contracto
r shall diligently prosecute all work items to completion. 4-1.02 S
chedule
This contr
act is for cold planing services on City roadways on an "as- needed" basis. This contract will provide for approximately 225-hours of cold planing in a calendar year; however, the actual number may vary. It is estimated there are approximately 25 jobsites that will require cold planing services of the Contractor with an estimated total of 35-working days per calendar year.
The City w
ill notify the Contractor a minimum of two weeks prior to starting work at a particular jobsite. 4-1.03
Time of Completion
Attention is directed to the provisions in Section 8, "Prosecution and Progress," of the Standard Specifications and these Special Provisions.
The contrac
t for the performance of the work shall schedule his/her operation so that cold planing services commence at 6:30 AM. The work force shall consist of a minimum of one operator, and one ground person.
Full comp
ensation for conforming to the provisions in 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. 4-1.04
Liquidated Damages
Section 8
-1.10, "Liquidated Damages," of both the Standard Specifications and Caltrans Specifications is not applicable to this contract.
EXHIBIT A
ATTACHMENT A
SECTION 5 G ENERAL
5-1.01 Understanding of Conditions
Bidders will be required to c arefully examine these Special Provisions and attachments to judge for themselves as to the nature of the w ork to be done and the general conditions r elative thereto and the submission of a proposal hereunder shall be considered prima-facie evidence that the bidder has made the necessary investigation and is satisfied with r espect to the conditions to be e ncountered, the character, quantity and quality of the work performed.
Bidders m ust be thoroughly competent and capable of s atisfactorily performing the work co vered by the proposal, and when requested, shall furnish such statements relative to previous experience on similar work, the plan or procedure proposed, and the organization and the equipment available for the contemplated work, and any other as may be deemed necessary by the Project Engineer in determining such competence and capability.
It shall be understood that the Contractor shall be required to perform and complete the proposed work in a thorough, workmanlike and professional manner, and to furnish and provide in connection therewith all necessary la bor, tools, equipment, materials and s upplies. The C ontractor is responsible to take all necessary precautions and use best practices in the industry to perform all work r equire completing the project.
5-1.02 Construction Control
The City reserves the right to order discontinuance of any equipment in use. This will be determined at the discretion of the Engineer on the basis that the use of said equipment would prohibit obtaining the best possible result.
Additional operated equipment may be requested by the Engineer for the above reasons. Failure to comply with the Engineer's request concerning equipment use or removal will be deemed sufficient cause for shutting down all work until the requirements are met. Days lost for this type of shutdown will be charged as workable days.
5-1.03 Inspection
All work under this contract shall be under the control and inspection of the Engineer or his/her appointed representative. The C ontractor s hall be r esponsible for notifying the Engineer forty-eight ( 48) hours in advance of all stages of construction to arrange for inspection. The Contractor/sub-contractor shall report to the Engineer before starting the work on each working day. 5-1.04 Maint
aining Public Convenience and Safety
The Contrac
tor's attention is directed to Section 7-1.04, "Public Safety" of the Standard Specifications and these Special Provisions. Nothing in the specifications voids the Contractor's public safety responsibilities.
The City w
ill provide for the proper routing of vehicles, bicyclists, and pedestrians in a manner that will hold congestion and delay of such traffic to practicable minimum by furnishing, installing, and mainta ining all necessary temporary signs, barricades, and other devices and facilities, as approved by the City Traffic Engineer.
The City o
f Stockton will furnish, install, move, and remove all necessary traffic control devices including, but not limited to, signing, striping, barricades, arrow boards, CMS, and flagging. No traffic control shall be included in the various bid items.
EXHIBIT A
ATTACHMENT A
5-1.05 Encroachment Permit from City, County, Utilities, Railroads and Others Attention is directed to Section 5-1.20B, “Permits, Licenses, Agreements, and Certifications,” of the Caltrans Specifications and these Special Provisions. The following is not an all-inclusive list of the required permits and/or licenses, if applicable:
• Contractor’s License. Co ntractor shall p ossess a valid California C lass ‘A ’ or ‘C -12’ Contractor License at the time of bid and maintain it throughout the duration of the contract. • Business License. Contractor shall possess a valid City of Stockton business license and pay all required fee associated with it prior to the execution of the contract and maintain it throughout the duration of the contract.
• Submit the Construction and Demolition (C&D) Debris Recycling Report within 14 days of construction or demolition project completion. The completed form must be accompanied by the official weight tags or receipts verifying the information provided in the report and must be submitted to the City of Stockton Public Works Department, Solid Waste Division, 22 E. Weber Ave. Room 301, Stockton, CA 95202. Failure to provide the C&D Debris Recycling Report form will result in a 5% withholding of the contract amount. • Construction Water (if applicable): The Contractor is responsible for obtaining a permit for water from California Water Service or City of Stockton, as applicable, for construction water obtained from a City hydrant. This permit shall be approved by the City of Stockton Fire Department. All cost for water use shall be the responsibility of the contractor.
Full compensation for conforming to the provisions in this section including applicable permit fees, shall be considered as included in the prices paid for the various contract items of work involved, and no additional compensation will be allowed.
5-1.06 Propert
y Preservation/Existing Facilities
The Contrac
tor’s attention is directed to Sections 5-1.36, “Property and Facility Preservation,” and Section 15, “Existing Facilities,” of the Caltrans Specifications.
The Contract
or’s 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: conductors of petroleum products, oxygen, chlorine, and toxic or flammable gases, natural gas in pipelines 6 inches or greater in diameter or pipelines operating at pressures greater than 60 pounds per square inch (gage); underground electric supply system conductors or cables, with potential to ground of more than 300 V, either directly buried or in duct or conduit which do not have concentric grounded or other effectively grounded metal shields on sheaths.
The Contract
or shall notify the Engineer and the appropriate regional notification center for operators of subsurface installations at least two (2) working days, but not more than fourteen (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 the following:
Notification Center Telephone Number
Underground Service Alert-Northern California (USA) 1-800-642-2444 1-800-227-2600
Underground Service Alert-Southern California (USA) 1-800-422-4133 1-800-227-2600
EXHIBIT A
ATTACHMENT A
The Contractor shall verify the horizontal and vertical locations of all existing utilities prior to start of construction. The Contractor shall be responsible for the repair and replacement of these or any other facilities damaged during construction. The Contractor shall notify Underground Services Alert (USA) to have existing facilities marked in the field.
If unknown
existing facilities are encountered, the Contractor shall notify the Engineer in writing of the situation, request coverage of the work as extra work, and aid the Engineer in determining due diligence.
Payment for c
omplying with this Special Provision shall be included in the various other items of work, and no additional compensation will be allowed therefore
5-1.07 Job Si
te Appearance
The Contract
or's attention is directed to Sections 5- 1.31, "Job Site Appearance," of the Caltrans Specifications.
The Contrac
tor shall conduct and cause all working forces at the site to maintain the site in a neat orderly manner throughout the construction operations. The work shall be conducted in a manner that will control the dust. When ordered to provide dust control, the Contractor shall use water to reduce the dusty conditions all to the satisfaction of the Engineer. During construction, the Contractor shall remove all rubbish and debris as it is generated. Upon completion of the work, the Contractor shall remove all equipment, debris, and shal l leave the site in a neat, clean condition all to the satisfaction of the Engineer.
Debris dev
eloped during construction shall be disposed of concurrently with its generation. The Contractor shall pay to the City of Stockton the sum of Five Hundred ($500) for every calendar day where debris has remained on the job site overnight.
5-1.08 Subm
ittals
The followi
ng is a list of anticipated submittals for the project and is provided to aid the Contractor in determining the scope of work, but is not intended to be all-inclusive. Additional submittals may be required:
NO. SUBMITTAL DEADLINE
1 DAS 140 Prior to Notice to Proceed
2 DAS 142 Prior to Notice to Proceed
3 Local Hire Employment Ordinance – Good Faith Effort Prior to Notice to Proceed 4 Construction and Demolition Debris Recycling Report Post Construction 5 City of Stockton Business License Prior to Notice to Proceed 5-1.09
Records
The Contract
or's attention is directed to Sections 5-1.27, "Records," of the Caltrans Specifications.
The cost accou
nting records for the contract shall be maintained separately from other contracts, during the life of the contract, and for a period of not less than 3- years after the date of acceptance of the contract. If the Contractor intends to file claims against the City of Stockton, the Contractor shall keep the cost accounting records specified above until complete resolution of all claims has been reached.
Full compens
ation for conforming to the provisions in 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.
EXHIBIT A
ATTACHMENT A
5-1.10 Request for Information
The Contrac
tor's attention is directed to Sections 5- 1.42, "Requests for Information" of the Caltrans Specifications.
Contractor
shall submit a request for information upon recognition of any event or question of fact arising under the contract. The Engineer shall respond to the request for information within 5 working days.
Payment for
complying with this Special Provision shall be included in the various items of work, and no additional compensation will be allowed therefore.
5-1.11 Staging
Area
The street ri
ght 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.
The Contract
or shall secure at his own expense any area required for storage of equipment or materials, or for other purposes. The Contractor's use of any private property in connection with this project shall be by a written agreement between the property owner and the Contractor. A certified copy of any such agreement shall be furnished to the Engineer prior to the use of such property by the Contractor. No additional compensation will be considered therefor.
The Contract
shall pay to the City of Stockton the sum of One Thousand ($1,000) for every calendar day where occurrences of staging or driving on private property without providing written agreement from the owner took place. Contractor shall also compensate be required to compensate the private property owner Full compens
ation for conforming to the provisions in this section shall be considered as included in prices paid for the various contract items of work involved & no additional compensation will be allowed therefore. 5-1.12 Unsatisfactory
Progress
If the number of working days charged to the contract exceeds 75 percent of the working days in the current time of completion and the percent working days elapsed exceeds the percent work completed by more than 15 percentage points, the City will withhold 10 percent of the amount due on the current monthly estimate.
The percent working days elapsed will be determined from the number of working days charged to the contract divided by the number of contract working days in the current time of completion, expressed as a percentage.
The number of contract working days in the current time of completion shall consist of the original contract working days increased or decreased by time adjustments approved by the Engineer.
The percent work completed will be determined by the Engineer from the sum of payments made to date plus the amount due on the current monthly estimate, divided by the current total estimated value of the work, expressed as a percentage.
When the percent of working days elapsed minus the percent of work completed is less than or equal to 15 percentage points, the funds withheld shall be r eturned to the Contractor with the next monthly progress payment.
Funds kept or withheld from payment, due to the failure of the Contractor to comply with the provisions of the contract, will not be subject to the requirements of Public Contract Code 7107 or to the payment of interest pursuant to Public Contract Code Section 10261.5.
5-1.13 Noise Control Requirements
Noise control shall conform to the provisions in Section 14-8-02, “Noise Control," of the Caltrans Specifications and these Special Provisions. Nothing in the Caltrans Specifications or these Special Provisions voids the Contractor’s public safety responsibilities or relieves the Contractor from the responsibility to comply with other ordinances regulating noise level.
EXHIBIT A
ATTACHMENT A
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 dBa at a distance of fifty ( 50) feet. This r equirement s hall not r elieve the C ontractor from responsibility for complying with other ordinances regulating noise level. The noise level requirement shall apply to the 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. 5-1.14 Dust Control
Dust
control shall conform to any requirements set forth in the San Joaquin Valley Air Pollution Control District Construction Notification Form, and Section 14-11.04, “Dust Control,” of the Caltrans Specifications.
Use of water except for recycled, reclaimed, or other non-potable water for the purpose of dust control or other construction use is prohibited, unless for health or safety purposes. All dust control operations shall be performed by the Contractor usin g a vacuum sweepe r at the time, location and in the amount ordered by the Engineer. The application of either water or dust palliative shall always be under the control of the Engineer. Watering shall conform to the provisions of Section 10-6, “Watering,” of the Caltrans Specifications and these Special Provisions.
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. 5-1.15 Increased
or Decreased Quantities
The City reserves the right to make such alterations, deviations, additions to, or omissions from the plans and specifications, including the right to increase or decrease the quantity of any item or portion of the work or to omit any item or portion of the work, as may be deemed by the Engineer to be necessary or advisable and to require such extra work as may be determined by the Engineer to be required for the proper completion or construction of the whole work contemplated, without adjustment in the unit price as bid. Section 9-1.06B and Section 9-1.06C of the Caltrans Standard Specifications shall not apply. 5-1.16 Changes
and Extra Work
New and unforeseen work will be considered as extra work when determined by the Engineer that the work is not covered by any of the various items for which there is a bid price or by combinations of those items. In the event portions of this work are determined by the Engineer to be covered by some of the various items for which there is a bid price or combinations of those items, the remaining portion of the work will be classed as extra work. Extra work also includes work specifically designated as extra work in the plans or specifications.
Any such extra work will be outlined in a c ontract change order, which will specify the work to be done in connection with the change made, adjustment of contract time, if any, and the basis of compensation for such work. A contract change order will not become effective until approved by the City Manager and / or City Council.
The Contractor shall do the extra work and furnish labor and equipment therefore upon receipt of an approved contract change order or other written order of the Engineer. In the absence of an approved contract change order or other written order of the Engineer, the Contractor shall not be entitled to payment for the extra work. If, in the opinion of the Engineer, such work cannot reasonably be performed concurrently with other items of work, and if a controlling item of work is delayed thereby, an adjustment of contract time will be made.
Payment for extra work required to be performed pursuant to the provisions in this section, in the absence of an executed contract change order, will be made by f orce account as provided in Section 9-1.04 “Force Account” of the Caltrans Specifications; or as agreed to by the Contractor and the Engineer.
EXHIBIT A
ATTACHMENT A
5-1.17 Notice of Potential Claim
The Contractor shall not be entitled to the payment of any additional compensation for any cause, or for the happening of any event, thing, or occurrence, including any act or failure to act, by the Engineer, unless s/he has given the Engineer due written notice of potential claim as hereinafter specified, provided, however, that compliance with this section shall not be a prerequisite for matters within the scope of the protest provisions under “Changes” or “Time of Completion” or within the notice provisions in “Liquidated Damages” not to any claim which is based on differences in measurements or errors of computation as to Contract quantities.
The written notice of potential claim shall set forth the items and reasons which the Contractor believes to be eligible for additional compensation, the description of work, the nature of the additional costs and the total amount of the potential claim. If based on an act or failure to act by the Engineer, written notice for potential claim must be given to the Engineer prior to the Contractor commencing work; in all other cases, written notice for potential claims must be given to the Engineer within fifteen (15) days after the happening of the event, thing or occurrence giving rise to the potential claim.
It is the
intention o
f this section that potential differences between the parties of this Contract be brought to the attention of the Engineer at the earliest possible time appropriate action may be taken and settlement may be reached. The Contractor hereby agrees that s/he shall have no right to additional compensation for any claim that may be based on any act or failure to act by the Engineer or any event, thing or occurrence for which no written notice of potential claim was filed.
5-1.18 Stop Notice Withholds
Section 9
-1.16E(4) “Stop Notice Withholds” of the Caltrans Specifications is amended to read as follows:
"The City o
f Stockton, by and through the Department of Public Works, may at its option and at any time retain out of any amounts due the Contractor, sums sufficient to cover claims, filed pursuant to Section 3179 et seq. of the Code of Civil Procedures.”
SECTION 6 BLANK
SECTION 7 BLANK
SECTION 8 BLANK
SECTION 9 MEASUREMENT AND PAYMENT
9-1.01 Gener
al
Attention is directed to Section 9 “Payment” of the Caltrans Specifications, and these Special Provisions. All measurements and payments for this work shall conform to all applicable provisions on Section 7 of these Special Provisions and Section 9 ”Payment” of the Caltrans Specifications.
Payment for
those items of work required to complete the work as specified herein, but not shown as separate bid items on the bid schedule, shall be deemed as included in the other items of work, and no additional compensation will be allowed therefore.
All materi
als designated to be removed shall become the property of the Contractor, unless otherwise noted, and shall be disposed in accordance with local, State, and Federal laws and ordinances.
Full compens
ation for disposal of materials and performing the work in these Special Provisions shall be included in the prices paid for the various contract items of work, and no additional comp ensation will be allowed therefore.
EXHIBIT A
ATTACHMENT A
9-1.02 Payments
Attention
is directed to Sections 9- 1.16, "Progress Payments," and 9- 1.17, "Payment After Contract Acceptance," of the Caltrans Specifications, and 9- 1.17D, "Final Payment and Claims," of the Standard Specifications.
Full compe
nsation for all labor, equipment, tools, materials, services, travel, mobilization and incidentals in conformity with the Contract Documents will be included in the prices paid for the various contract bid items and no additional compensation will be allowed therefore. No other compensation will be made except for the items listed in the Bid Proposal or otherwise described further below.
Mobilization: Mobilization shall conform to the provisions in Section 9- 1.160, "Mobilization," of the Caltrans Standard Specifications and these Special Provisions.
Full compensa
tion for any costs required to comply with the provisions in this section shall be considered to be included in the prices paid for various contract items of work and no additional compensation will be allowed therefore.
9-1.03 Qua
ntities
The following estimate of the quantities of work to be done and materials to be furnished are approximate only. and are intended as a basis for the comparison of bids. The City does not expressly or by implications agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work without increase or decrease in the unit price bid or to omit portions of the work that may be deemed necessary or expedient by the Engineer.
BID ITE
M LIST
Item
No.
Description Unit Quantity Unit
Cost
Total
Cost
Calendar Year 2023 : Through December 31,202 3
1. Cold Planing Time : Contractor shall
provide a minimum of one operator and
one ground person, with front discharge
pavement planing equipment to deposit
grindings directly into City - furnished
trucks .
Hours 225
Calendar Year 2024 : Through December 31,202 4
2. Cold Planing Time : Contractor shall
provide a minimum of one operator and
one ground person, with front discharge
pavement planing equipment to deposit
grindings directly into City - furnished
trucks .
Hours 225
TOTAL BID
EXHIBIT A
ATTACHMENT A
Notes:
1. The contract prices paid per hour for cold planing shall include full compensation for furnishing all labor, tools, equipment, operator, ground person, and incidentals, and for doing all work as specified in these specifications.
2. The Contractor will be entitled to a minimum of six (6) hours for each day services are required, except for stoppages resulting from inclement weather, which will be based on actual hours worked.
3. Cold planing time shall be rounded to the nearest fifteen (15) minutes for payment purposes.
4. Travel time between jobsites can be included for payment.
5. Ineligible items for payment include:
a. Time that equipment is being repaired, adjusted, or maintained. b. Time that equipment does not meet the performance specifications. c. Travel time at the start and end of the work day.
d. Time to load, unload, water filling, maintenance, teeth changing, cleaning, and other work on the equipment.
6. Each bidder shall bid each item on the Base Bid Schedule. Failure to bid an item shall be just cause for considering the bid as non-responsive.
Each bidder s
hall bid each item on the Base Bid Schedule. Failure to bid an item shall be just cause for considering the bid as non-responsive. The City reserves the right to include or delete any Schedule or portion thereof, or to reject all bids.
Official b
id documents, including plans and specifications, are available on the City of Stockton website at: http://www.stocktongov.com/services/business/bidflash/default.html All bids
submitted for this project must conform to the requirements of the official bid documents, including plans and specifications.
SECTION 10 CONSTRUCTION
10-1.01 C
old Planning Equipment:
The cold plani
ng equipment shall meet the following minimum performance specifications:
1. 72- inch cutti
ng width
2. 12 teeth per lineal foot of drum width; teeth must be sharp to produce clean visible "ridge and valley" on the pavement. The Engineer may direct the shutdown of the project if the performance of the equipment is not to his/her satisfaction.
3. 16 feet per minute travel speed when cutting depth of 5½ inches in asphalt concrete.
4. 98 cubic yards of excavated material, measured in place, per hour.
5. 5½ inch cutting depth in asphalt concrete.
6. Front discharge grinder shall be used exclusively for all work performed.
7. 10- miles per hour travel speed between jobsites, or the pavement planing equipment shall be transported between jobsites. Time to load and unload the equipment shall not be eligible for payment.
Prior to commencing work, Contractor shall be required to demonstrate equipment compliance with these performance specifications.
EXHIBIT A
ATTACHMENT A
ATTACHMENT A
REV 2022-05-17
Exhibit C:
Insurance Requirements
(Asphalt Concrete Cold Planing WD23003G)
Contract
or shall procure and maintain for the duration of the contract, and for 5 years thereafter, 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 the Contractor, his agents, representatives, employees, or subcontractors.
MINIMUM SCOPE A
ND LIMIT OF INSURANCE
Coverage
shall be at least as broad as:
1. Commerc
ial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Lia
bility: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage.
3. Workers’ Co
mpensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Surety Bon
ds as described below.
If the co
ntractor maintains broader coverage and/or higher limits than the minimums shown above, the City of Stockton requires and shall be entitled to the broader coverage and/or 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 of Stockton.
Self-Insured
Retentions
Self-ins
ured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by
EXHIBIT C
ATTACHMENT A
REV 2022-05-17
either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named Insured.
The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification.
Other I
nsurance Provisions
The i
nsurance policies are to contain, or be endorsed to contain, the following provisions:
1. The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor.
General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.
2. For
any claims related to this project, the Contractor’s insurance coverage shall be primary and non-contributory insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City of Stockton, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Stockton, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.
3. Ea
ch insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City of Stockton.
Claims Made Policies (Professional or Pollution policies)
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If any coverage required is written on a claims-made coverage form:
1. The
retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.
2. Ins
urance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.
3. If c
overage is cancelled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.
4. A
copy of the claims reporting requirements must be submitted to the City of Stockton for review.
5. If
the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.
Umb rella or Excess Policies
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City of Stockton.
Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.
Contractor agrees to obtain any endorsement that may be necessary to affect this
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waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Stockton for all work performed by the Contractor, its employees, agents and subcontractors.
Verification of Coverage
Contractor shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City of Stockton before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all requirements stated herein, and Contractor shall ensure that City of Stockton is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.
Duration of Coverage
CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work .
Surety Bonds
Contractor shall provide the following Surety Bonds:
1. Bid
Bond
2. Per
formance Bond
3. Pa
yment Bond
4. Ma
intenance Bond
The P
ayment Bond and the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty a separate
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Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.
Special Risks or Circumstances
City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.
Certif
icate Holder Address
The a
ddress for mailing certificates, endorsements and notices shall be:
City
of Stockton
Its Officers, Officials, Employees and Volunteers
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
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