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1-03. Proposal. Bids shall be made on the blank forms prepared by the City. All bids shall give the prices bid, both in writing and in figures and shall be signed by the bidder or his or her authorized representative, with his or her address. If the bid is made by an individual or partner, his or her name and the post office address of his or her business or partnership, along with his or her signature or the signature of one or more partners must be shown; if made by a corporation, the bid shall show the name of the state under the laws of which the corporation is chartered, the name of the corporation and the title of the person who signs on behalf of the corporation.
Each proposal shall be enclosed in a sealed envelope, endorsed as specified in the notice to bidders. Bidders are warned against making erasures or alterations of any kind and proposals which contain omissions, erasures, conditions, alterations, additions not called for, additional proposals or irregularities of any kind may be rejected. 1-04. Withdrawal of Bids. Any bid may be withdrawn at any time prior to the hour fixed in the notice to bidders for the openings of bids, provided that a request in writing, executed by the bidder or his or her duly authorized representative, for the withdrawal of such bid is filed with the City. The withdrawal of a bid will not prejudice the right of a bidder to file a new bid.
1-05. Public Opening of Bids. Bids will be opened and read publicly at the time and place indicated in the notice to bidders. Bidders or their agents are invited to be present. 1-06. Bid Guaranty. Each bid must be accompanied by a certified check, cashier's check or bidder's bond executed by an admitted surety insurer, payable to the order of the City of Ukiah in an amount not less than 10 percent of the bid as a guarantee that the bidder will enter into a contract, if awarded the work. 1-07. Qualification of Bidders. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. The prime contractor shall be responsible for posting job site notices as prescribed by regulation. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
Each bidder shall be licensed under the provisions of Chapter 9, Division 3 of the Business and Professions Code and shall be skilled and regularly engaged in the general class or type of work called for under this contract.
A statement setting forth this experience and business standing shall be submitted by each bidder on the form provided herewith. It is the intention of the City to award a contract only to a bidder who furnishes satisfactory evidence that he or she has the requisite experience and ability and that he or she has sufficient capital, facilities and equipment to enable him or her to prosecute the work successfully and promptly within the time and in the manner agreed.
In determining the degree of responsibility to be credited to a bidder, the City may weigh evidence that the bidder or his or her personnel charged with the responsibility in the work, has performed satisfactorily other contracts of like nature and magnitude or comparable difficulty at similar rates of progress. 1-08. Disqualification of Bidders. More than one bid from an individual business, partnership, corporation or association, under the same or different names, will not be considered. Reasonable grounds for believing that any bidder is financially interested in more than one bid for the work will cause the rejection of all bids in which he or she is so interested. If there is reason to believe that collusion exists among the bidders, none of the participants in such collusion will be considered. Bids in which the prices obviously are unbalanced may be rejected.
1-09. Identification of Subcontractors. All bids shall comply with the Subletting and Subcontracting Fair Practices Act (Public Contract Code Section 4100 and following) and shall set forth:
(a) The name and the location of the place of business of each subcontractor who will perform work or labor, or render service to the prime contractor in or about the construction of the work, or to a subcontractor licensed by the State of California who, under subcontract to the prime contractor,
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specially fabricates and installs a portion of the work according to detailed drawings contained in the plans and Special Provisions, in an amount in excess of one-half of 1 percent of the prime contractor's total bid.
(b) The portion of the work which will be done by each such subcontractor. The prime contractor shall list only one subcontractor for each such portion defined by the prime contractor in his or her bid. 1-10. General Provisions of the Standard Specifications. All provisions of the General Provisions, Sections 1 through 11, of the Standard Specifications, shall be applicable to the contract except as modified by these Special Provisions. The Standard Specifications are set forth in Section 12-06 of these Special Provisions. 1-11. Addenda. If it becomes necessary to revise any part of these plans and specifications after they have been released, the City will issue an addendum containing the revision. All addenda will be posted on the City’s website at www.cityofukiah.com/purchasing with the rest of the bid documents. Anyone who intends to submit a bid in response to this Request for Bid must check the website frequently for any posted addenda. Anyone submitting a bid will be deemed to have seen and agreed to be bound by the posted addenda.
SECTION 2. AWARD AND EXECUTION OF CONTRACT
2-01. Award of Contract. Award of the contract, if it be awarded, will be to the lowest responsible bidder whose bid complies with all the specified requirements. The award, if made, will be made within thirty (30) days after opening of the bids. The City reserves the right to reject any and all bids and to waive any irregularity in the proposal not pertaining to cost.
2-02. Return of Proposal Guaranties. All bid guaranties will be held until the contract has been fully executed, after which they will be returned upon request to the respective bidders whose bids they accompany. 2-03. Execution of Contract. The contract agreement shall be executed in duplicate by the successful bidder and returned, together with the contract bonds, insurance certificates and endorsements, within fifteen (15) days after written notice of the award of the contract. After execution by the City; one copy shall be filed with the City and one copy shall be returned to the Contractor. If the bidder fails or refuses to enter into the contract agreement within the required time, then the bid guaranty accompanying the bid shall be forfeited to the City.
SECTION 3. SCOPE AND INTENT OF CONTRACT
3-01. Effect of Inspection and Payments. Neither the inspection by the Engineer or an inspector, nor any order, measurement or approved modification, nor certificate or payment of money, nor acceptance of any part or whole of the work, nor any extension of time, nor any possession by the City or its agents, shall operate as a waiver of any provision of this contract or of any power reserved therein to the City, or of any right to damages thereunder; nor shall any breach of this contract be held to be a waiver of any subsequent breach. All remedies shall be construed as cumulative.
3-02. Effect of Extension of Time. The granting of any extension of time on account of delays which, in the judgement of the City, are avoidable delays shall in no way operate as a waiver on the part of the City of its rights under this contract.
3-03. Extra Work. If extra work orders are given in accordance with provisions of this contract, such work shall be considered a part hereof and shall be subject to each and all of its terms and requirements. 3-04. Assignment of Contract. The contract may be assigned or sublet in whole or in part only upon the written consent of the City acting through its authorized agents. Consent will not be given to any proposed assignment which would relieve the original contractor or its surety of their responsibilities under the contract nor will the Engineer consent to any assignment of a part of the work under the contract. 3-05. Subcontractors. The Contractor shall be as fully responsible for the acts and omissions of his or her subcontractors and of persons either directly or indirectly employed by them, as he or she is for the acts and omissions of persons directly employed by him.
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The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind subcontractors to the terms of this Contract which are applicable to the work of subcontractors.
Nothing contained in this contract shall be construed to create or shall be relied upon to create any contractual relationship between any subcontractor and the City and no action may be brought by any subcontractor against the City based on this contract.
3-06. Interpretation of Special Provisions and Drawings. The Special Provisions and the Contract Drawings are intended to be explanatory of each other. Any work indicated in the Contract Drawings and not in the Special Provisions, or vice versa, is to be executed as if indicated in both. In case of a discrepancy or conflict between the Technical Specifications and Contract Plans, the Technical Specifications shall govern. All work shown on the Contract Drawings, the dimensions of which are not figured, shall be accurately followed to the scale to which the drawings are made, but figured dimensions are in all cases to be followed, where given, though they differ from scaled measurements. Large scale drawings shall be followed in preference to small scale drawings.
Should it appear that the work to be done, or any of the matters relative thereto, are not sufficiently detailed or explained in these contract documents, including the contract drawings, the Contractor shall apply to the Engineer for such further explanations as may be necessary and shall conform thereto as part of this contract, so far as may be consistent with the terms of this contract. In the event of any doubt or questions arising respecting the true meaning of the Special Provisions, reference shall be made to the Engineer and his or her decision thereon shall be final. If the Contractor believes that a clarification or interpretation justifies an increase in the contract price or contract time, the Contractor must comply with the written notice provisions of Sections 9-05 and 10-07 of these Special Provisions. Contractor’s attention is directed to Section 12-06 of the Technical Specifications regarding the Standard Specifications and Standard Plans. 3-07. Addenda. If it becomes necessary to revise any part of these plans and specifications after they have been released, the City will issue an addendum containing the revision. All addenda will be posted on the City’s website at www.cityofukiah.com/purchasing with the rest of the bid documents. Anyone who intends to submit a bid in response to this Request for Bid must check the website frequently for any posted addenda. Anyone submitting a bid will be deemed to have seen and agreed to be bound by the posted addenda. 3-08.
of City Officials. No city official, nor the Engineer, nor any authorized assistant of any of them, shall be personally responsible for any liability arising under this contract. 3-09. Dispute Resolution. Claims of $375,000 or less by the Contractor that arise under this Contract are subject to the mandatory dispute resolutions provisions in Public Contract Code Sections 20104-20104.6.
SECTION 4. BONDS
4-01. Faithful Performance Bond. As a part of the execution of this contract, the Contractor shall furnish a bond of a surety company or other securities providing equivalent protection such as cash, letter of credit, or certificates of deposit, acceptable to the City, conditioned upon the faithful performance of all covenants and stipulations under this contract. The amount of the bond shall be 100 percent of the total contract price, as this sum is set forth in the agreement.
4-02. Material and Labor Bond. As a part of the execution of this contract, the Contractor shall furnish a bond of a surety company or other securities providing equivalent protection such as cash, letter of credit or certificates of deposit acceptable to the City in a sum not less than 50 percent of the total contract price, as this sum is set forth in the agreement for the payment in full of all persons, companies or corporations who perform labor upon or furnish materials to be used in the work under this contract, in accordance with the provisions of Sections 3247 through 3252 inclusive of the Civil Code of the State of California and any acts amendatory thereof. 4-03. Defective Material and Workmanship Bond. As a condition precedent to the completion of this contract, the Contractor shall furnish a bond of a surety company acceptable to the City in an amount not less than 5 percent (5%) of the final contract price, to hold good for a period of one (1) year after the completion and
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acceptance of the work, to protect the City against the results of defective materials, workmanship and equipment during that time. This bond shall be delivered to the City before the final payment under this contract will be made.
4-04. Notification of Surety Companies. The surety companies shall familiarize themselves with all of the conditions and provisions of this contract and they waive the right of special notification of any change or modification of this contract or of extension of time, or decreased or increased work, or of the cancellation of the contract, or of any other act or acts by the City or its authorized agents, under the terms of this contract; and failure to so notify the aforesaid surety companies of changes shall in no way relieve the surety companies of their obligation under this contract.
SECTION 5. INSURANCE REQUIREMENTS FOR CONTRACTORS (WITH CONSTRUCTION RISKS) 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 the Contractor, his or her agents, representatives, employees or subcontractors. 5-01. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial Liability Coverage (occurrence form CG 0001).
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).
3. Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance.
4. Course of Construction insurance covering for “all risks” of loss. 5-02. Minimum Limits of Insurance
Contractor shall maintain limits no less than:
1. General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage including operations, products and completed operations. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: $2,000,000 per accident for bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident for bodily injury and property damage.
4. Course of Construction: Completed value of the project with no co-insurance penalty provisions.
5. Contractor’s Pollution Liability Insurance: Contractor shall purchase and maintain a policy covering third-party injury and property damage claims, including clean-up costs, as a result of pollution conditions arising from Contractor’s operations and completed operations. This insurance shall be maintained for no less than three years after final completion.
Contractor’s Pollution Liability:
Each Occurrence $2,000,000
6. Contractor’s Professional Liability Insurance: If Contractor will provide or furnish professional services under this Contract, through a delegation of professional design services or otherwise, then Contractor shall be responsible for purchasing and maintaining applicable professional liability insurance. This
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insurance shall provide protection against claims arising out of performance of professional design or related services, and caused by a negligent error, omission, or act for which the insured party is legally liable. It shall be maintained throughout the duration of the Contract and for a minimum of two years after Substantial Completion. If such professional design services are performed by a Subcontractor, and not by Contractor itself, then the requirements of this paragraph may be satisfied through the purchasing and maintenance of such insurance by such Subcontractor.
Contractor’s Professional Liability:
Each Claim $2,000,000
5-03. Deductibles and Self-insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. 5-04. Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees and volunteers, and Design Engineer are to be covered as Additional Insured with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the contractor; and 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. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance, or as a separate owner's policy.
2. The workers’ compensation policy is to be endorsed with a waiver of subrogation. The insurance company, in its endorsement, agrees to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses paid under the terms of this policy which arises from the work performed by the named insured for the City.
3. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees or volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it.
4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City.
5. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of Civil Code.
6. Course of Construction policies shall contain the following provisions:
a.) The City shall be named as loss payee.
7. Each policy shall contain a cross liability or severability of interest clause or endorsement. 5-05. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than the following:
A++ VII A- VIII
A+ VII B++ X
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A VII B+ X
5-06. Verification of Coverage. Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements shall be on forms provided by the City or on other than the City's forms, provided those endorsements or policies conform to the requirements. All certificates and endorsements are to be received within 15 days from written notice of contract award, and the work shall not commence until the certificates and endorsements have been approved by the City. The City reserves the right to require complete certified copies of all required insurance policies, including endorsements affecting the coverage required by these Special Provisions at any time. 5-07. Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
SECTION 6. RESPONSIBILITIES AND RIGHTS OF CONTRACTOR
6-01. Legal Address of Contractor. Both the address given in the proposal and the Contractor's office in the vicinity of the work are hereby designated as places to either of which drawings, samples, notices, letters or other articles or communications to the Contractor may be mailed or delivered. The delivery at either of these places of any such thing from the City or its agents to the Contractor shall be deemed sufficient service thereof upon the Contractor and the date of such service shall be the date of such delivery. The address named in the proposal may be changed at any time by notice in writing from the Contractor to the City. Nothing herein contained shall be deemed to preclude or render inoperative the service of any drawing, sample, notice, letter or other article or communication to or upon the Contractor personally. 6-02. Office of Contractor at Site. During the performance of this contract, the Contractor shall maintain a suitable office at the site of the work which shall be the headquarters of a representative authorized to receive drawings and any such thing given to the said representatives or delivered at the Contractor's office at the site of work in his or her absence shall be deemed to have been given to the Contractor. 6-03. Attention to Work. The Contractor shall give his or her personal attention to and shall supervise the work to the end that it shall be prosecuted faithfully and when he or she is not personally present on the work, he or she shall at all reasonable times be represented by a competent superintendent or foreman who shall receive and obey all instructions or orders given under this contract and who shall have full authority to execute the same and to supply materials, tools and labor without delay and who shall be the legal representative of the Contractor. The Contractor shall be liable for the faithful observance of any instructions delivered to him or her or to his or her authorized representative.
6-04. Liability of Contractor. The Contractor shall do all of the work and furnish all labor, materials, tools and appliances, except as otherwise herein expressly stipulated, necessary or proper for performing and completing the work herein required in the manner and within the time herein specified. The mention of any specific duty or liability imposed upon the Contractor shall not be construed as a limitation or restriction of any general liability or duty imposed upon the Contractor by this contract, said reference to any specific duty or liability being made herein merely for the purpose of explanation.
The right of general supervision by the City shall not make the Contractor an agent of the City and the liability of the Contractor for all damages to persons or to public or private property, arising from the Contractor's execution of the work, shall not be lessened because of such general supervision.
Until the completion and final acceptance by the City of all the work under and implied by this contract, the work shall be under the Contractor's responsible care and charge. The Contractor shall rebuild, repair, restore and make good all injuries, damages, re-erections and repairs, occasioned or rendered necessary by causes of any nature whatsoever, excepting only acts of God and none other, to all or any portions of the work, except as otherwise stipulated.
To the fullest extent permitted by law, Contractor shall indemnify and hold harmless the City and its officers, directors, agents and employees from and against all claims, damages, losses and expenses including but not
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limited to attorneys' fees, costs of suit, expert witness fees and expenses and fees and costs of any necessary private investigators arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, other than the work itself, including the loss of use resulting therefrom and (2) is caused in whole or in part by any act or omission of the Contractor, any subcontractor, or anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder, or by the negligence or omission of a party indemnified herein.
In any and all claims against the City or any of its agents or employees by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts, or other employee benefit acts. The obligation to indemnify shall extend to and include acts of the indemnified party which may be negligent or omissions which may cause negligence.
The City shall have the right to estimate the amount of such damage and to cause the City to pay the same and the amount so paid for such damage shall be deducted from the money due the Contractor under this contract; or the whole or so much of the money due or to become due the Contractor under this contract as may be considered necessary by the City, shall be retained by the City until such suits or claims for damages shall have been settled or otherwise disposed of and satisfactory evidence to that effect furnished to the City. 6-05. Protection of Persons and Property. The Contractor shall furnish such watchman, guards, fences, warning signs, walks and lights as shall be necessary and shall take all other necessary precautions to prevent damage or injury to persons or property.
All property line fences and improvements in the vicinity of the work shall be protected by the Contractor and, if they are injured or destroyed, they and any other property injured by the Contractor, his or her employees or agents, shall be restored to a condition as good as when he or she entered upon the work. 6-06. Protection of City Against Patent Claims. All fees, royalties or claims for any patented invention, article or method that may be used upon or in any manner connected with the work under this contract shall be included in the price bid for the work and the Contractor and his or her sureties shall protect and hold the City, together with all of its officers, agents, servants and employees, harmless against any and all demands made for such fees or claims brought or made on account of this contract. The Contractor shall, if requested by the Engineer, furnish acceptable proof of a proper release from all such fees or classes.
Should the Contractor, his or her agents, servants or employees, or any of them be enjoined from furnishing or using any invention, article, material or appliance supplied or required to be supplied or used under this contract, the Contractor shall promptly substitute other articles, materials or appliance, in lieu thereof, of equal efficiency, quality, finish, suitability and market value and satisfactory in all respects to the Engineer. Or, in the event that the Engineer elects, in lieu of such substitution, to have supplied and to retain and use, any such invention, article, material or appliance, as may by this contract be required to be supplied, in that event the Contractor shall pay such royalties and secure such valid licenses as may be requisite and necessary for the City, its officers, agents, servants and employees, or any of them, to use such invention, article, material or appliance without being disturbed or in any way interfered with by any proceeding in law or equity on account thereof.
Should the Contractor neglect or refuse to make the substitution promptly, or to pay such royalties and secure such licenses as may be necessary, then in that event the Engineer shall have the right to make such substitution, or the City may pay such royalties and secure such licenses and charge the cost thereof against any money due to the Contractor from the City or recover the amount thereof from him or her and his or her sureties notwithstanding final payment under this contract may have been made. 6-07. Protection of Contractor's Work Property. The Contractor shall protect his or her work, supplies and materials from damage due to the nature of the work, the action of the elements, trespassers, or any cause whatsoever under his or her control, until the completion and acceptance of the work. Neither the City nor any of its agents assumes any responsibility for collecting indemnity from any person or persons causing damage to the work of the Contractor.
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6-08. Regulations and Permits. The Contractor shall secure and pay for all permits, give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the work as drawn and specified. If the Contractor observes that the Plans and Special Provisions are at variance therewith, he or she shall promptly notify the Engineer in writing and any necessary changes shall be adjusted as provided in the contract for changes in the work. The contractor and any subcontractors shall each secure and maintain a valid City of Ukiah Business License. The City of Ukiah will issue a no fee encroachment permit to the Contractor allowing him or her to perform work within City right of way or within City property after the Contract Documents have been executed and insurance certificates and endorsements have been approved by the City. 6-09. Construction Utilities. The Contractor shall be responsible for providing for and in behalf of his or her work under this contract, all necessary utilities, such as special connection to water supply, telephones, power lines, fences, roads, watchmen, suitable storage places, etc. 6-10. Approval of Contractor's Plans. The approval by the Engineer of any drawing or any method of work proposed by the Contractor in accordance with paragraph 8-06 shall not relieve the Contractor of any of his or her responsibility for his or her errors therein and shall not be regarded as any assumption of risk or liability by the City or any officer or employee thereof and the Contractor shall have no claim under this contract on account of the failure or partial failure or inefficiency of any plan or method so approved. Such approval shall be considered to mean merely that the Engineer has no objection to the Contractor's using, upon his or her own full responsibility the plan or method approved.
6-11. Suggestions to the Contractor. Any plan or method of work suggested by the Engineer to the Contractor, but not specified or required, if adopted or followed by the Contractor in whole or in part, shall be used at the risk and responsibility of the Contractor; and the Engineer and the City shall assume no responsibility thereof.
6-12. Termination of Unsatisfactory Subcontracts. Should any subcontractor fail to perform in a satisfactory manner the work undertaken by him, such subcontract shall be terminated immediately by the Contractor upon notice from the Engineer.
6-13. Preservation of Stakes and Marks. The Contractor shall preserve carefully bench marks, reference points and stakes and in case of destruction he or she shall replace his or her stakes, reference points and bench marks and shall be responsible for any mistakes that may be caused by their unnecessary loss or disturbance. Contractor’s attention is directed to Section 7-03 of these Special Provisions. 6-14. Assistance to Engineer. At the request of the Engineer the Contractor shall provide men from his or her force and tools, stakes and other materials to assist the Engineer temporarily in making measurements and surveys and in establishing temporary or permanent reference marks. Payment for such materials and assistance will be made as provided for under the caption "Extra Work," provided, however, that the cost of setting stakes and marks carelessly lost or destroyed by the Contractor's employees will be assessed to the Contractor.
6-15. Removal of Condemned Materials and Structures. The Contractor shall remove from the site of the work, without delay, all rejected and condemned materials or structures of any kind brought to or incorporated in the work and upon his or her failure to do so, or to make satisfactory progress in so doing, within forty-eight (48) hours after the service of a written notice from the Engineer, the condemned material or work may be removed by the City and the cost of such removal shall be taken out of the money that may be due or may become due the Contractor on account of or by virtue of this contract. No such rejected or condemned material shall again be offered for use by the Contractor under this Contract. 6-16. Proof of Compliance with Contract. In order that the Engineer may determine whether the Contractor has complied with the requirements of this contract, not readily enforceable through inspection and tests of the work and materials, the Contractor shall, at any time when requested, submit to the Engineer properly authenticated documents or other satisfactory proofs as to his or her compliance with such requirements. 6-17. Errors and Omissions. If the Contractor, in the course of the work, finds any errors or omissions in plans or in the layout as given by survey points and instruction, or if he or she finds any discrepancy between the plans
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and the physical conditions of the locality, he or she shall immediately inform the Engineer, in writing and the Engineer shall promptly verify the same. Any work done after such discovery, until authorized, will be done at the Contractor's risk.
6-18. Cooperation. The Contractor shall cooperate with all other contractors who may be performing work in behalf of the City and workmen who may be employed by the City on any work in the vicinity of the work to be done under this contract with the work of such contractors or workmen. he or she shall make good promptly, at his or her own expense, any injury or damage that may be sustained by other contractors or employees of the City at his or her hands.
Any difference or conflict which may arise between the Contractor and other contractors, or between the contractor and workmen of the City in regard to their work shall be adjusted and determined by the Engineer. If the work of the Contractor is delayed because of any acts or omissions of any other contractor or of the City, the Contractor shall on that account have no claim against the City other than for an extension of time. 6-19. Right of Contractor to Stop Work. Under the following conditions the Contractor shall have the right, if he or she so desires, to stop the work and terminate the contract upon ten (10) days written notice to the Engineer and recover from the City payment for all work actually performed and for all satisfactory materials actually delivered to the site of the work for permanent incorporation therein, all as may be shown by the estimate of the Engineer.
(1) If the work is stopped under an order of any court or other competent public authority for a period of time of three (3) months through no act or fault of the Contractor or of anyone employed by him.
(2) If the Engineer fails to issue the monthly certificate for payment in accordance with the terms of this contract.
(3) If the City fails to pay the Contractor within sixty (60) days after it shall have become due, as provided by the terms of this contract, any sum certified by the Engineer or awarded by the City.
All provided that if such action to terminate the contract be not instituted by the Contractor within ten (10) days after the alleged existence of such condition and if written notice of such action be not at that time delivered to the City and the Engineer, then such right shall lapse until another occasion arises according to this section. 6-20. Hiring and Dismissal of Employees. The Contractor shall employ only such foremen, mechanics and laborers as are competent and skilled in their respective lines of work and whenever the Engineer shall notify the Contractor that any person on the work is, in his or her opinion, incompetent, unfaithful, intemperate or disorderly, or refuses to carry out the provisions of this contract, or uses threatening or abusive language to any person on the work representing the City, or is otherwise unsatisfactory, such person shall be discharged im mediately from the work and shall not be re-employed upon it except with the consent of the Engineer. 6-21. Wage Rates.
1. Contractor shall pay all mechanics and laborers employed or working upon the site of the work unconditionally and without subsequent deductions or rebate on any account the full amounts due at the time of payment at wage rates not less than those contained in the applicable prevailing wage determination, regardless of any contractual relationship which may be alleged to exist between the Contractor and subcontractors and such laborers and mechanics.
2. Contractor shall comply with the California Labor Code Section 1775. In accordance with said Section 1775, Contractor shall forfeit as a penalty to the Owner, $50.00 (or the higher minimum penalty as provided in Section 1775(B)(ii) – (iii)) 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 any work done under the Contract by him or her or by any subcontractor under him or her in violation of the provisions of the Labor Code and in particular, Labor Code Sections 1770 to 1780, inclusive. In addition to said penalty and pursuant to Section 1775, the difference between such stipulated prevailing wage rates and the amount paid to each workman for each calendar day or portion thereof for which
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each workman was paid less than the stipulated prevailing wage rate shall be paid to each workman by the Contractor.
3. Pursuant to the provision of Section 1770 of the Labor Code of the State of California, Owner has ascertained the general prevailing rate of wages (which rate includes employer payments for health and welfare, vacation, pension and similar purposes) applicable to the work to be done, for straight time work. The holiday wage rate listed shall be applicable to all holidays recognized in the collective bargaining agreement of the particular craft, classification or type of workmen concerned. Copies of the General Prevailing Wage Determination are available on the Internet at web address:
http://www.dir.ca.gov/DLSR/PWD The Contractor shall post the wage determination at the site of work in a prominent place where it can easily be seen by the workers.
4. City will not recognize any claim for additional compensation because the Contractor has paid any rate in excess of the prevailing wage rate obtained by the Contractor. The possibility of wage increases is one of the elements to be considered by the Contractor in determining his or her bid and will not in any circumstances be considered as the basis for a claim against the City.
5. The Labor Commissioner through the Division of Labor Standards Enforcement (DLSE) may at any time require contractors and subcontractors to furnish electronic certified payroll records directly to DLSE.
Commencing with contracts awarded or after April 1, 2015, all contractors and subcontractors must furnish electronic certified payroll records directly to the DLSE.
6. Travel and Subsistence Payments.
Contractor shall make travel and subsistence payments to each workman needed to execute the work in accordance with the requirements in Section 1773.8 of the Labor Code (Chapter 880, Statutes of 1968).
7. Apprentices.
Attention is directed to the provisions in Sections 1777.5 (Chapter 1411, Statutes of 1968) and 1777.6 of the California Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Contractor and any subcontractor under him or her shall comply with the requirements of said sections in the employment of apprentices.
Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
6-22. Cleaning Up. The Contractor shall not allow the site of the work to become littered with trash and waste material, but shall maintain the same in a neat and orderly condition throughout the construction period. The Engineer shall have the right to determine what is or is not waste material or rubbish and the place and manner of disposal.
On or before the completion of the work, the Contractor shall without charge therefore carefully clean out all pits, pipes, chambers or conduits and shall tear down and remove all temporary structures built by him or her and shall remove rubbish of all kind from any of the grounds which he or she has occupied and leave them in first class condition.
6-23. Guaranty. All work shall be guarantied for a period of one year from the date of acceptance by the City.
The Contractor shall promptly make all needed repairs arising out of defective materials, workmanship and equipment.
Guarantee and Correction Period refer to the period of time following substantial completion. Acceptance by the City means formal notification of substantial completion as distinguished from acceptance for purposes of final payment.
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The City is hereby authorized to make such repairs if within ten days after the mailing of a notice in writing to the Contractor or his or her agent, the Contractor shall neglect to make or undertake with due diligence the aforesaid repairs, provided, however, that in case of an emergency where, in the opinion of the City delay would cause serious loss or damage, repairs may be made without notice being sent to the Contractor and the Contractor shall pay the costs thereof.
Pursuant to the provisions of Section 4-03 of these Special Provisions, the Contractor shall furnish a Defective Material and Workmanship Bond in an amount not less than 5 percent of the final contract price, which shall be effective for a period of one (1) year after the completion and acceptance of the work. 6-24. Contractor’s General Warranty and Guarantee. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer is entitled to rely on Contractor’s warranty and guarantee. Owner’s rights under this warranty and guarantee are in addition to, and are not limited by, the one (1)-year guaranty period.
6-25. Indemnification and State Reviews. The parties agree that review or approval of the Project plans and specifications by the State Water Board is for administrative purposes only, including conformity with application and eligibility criteria, and expressly not for the purposes of design defect review or construction feasibility, and does not relieve the Recipient of its responsibility to properly plan, design, construct, operate, and maintain the Project. To the extent permitted by law, the Recipient agrees to indemnify, defend, and hold harmless the State Water Board and any trustee, and their officers, employees, and agents for the Bonds, if any (collectively, “Indemnified Persons”), against any loss or liability arising out of any claim or action brought against any Indemnified Persons form and against any and all losses, claims, damages, liabilities, or expenses, of every conceivable kind, character, and nature whatsoever arising out of, resulting from, or in any way connected with (1) the Project or the conditions, occupancy, use, possession, conduct, or management of, work done in or about, or the planning, design, acquisition, installation, or construction, of the Project or any part thereof; (2) the carrying out of any of the transactions contemplated by this Agreement or any related document; (3) any violation of any applicable law, rule or regulation, any environmental law (including, without limitation, the Federal Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act, the California Hazardous Substance Account Act, the Federal Water Pollution Control Act, the Clean Air Act, the Toxic Substances Control Act, the Occupational Safety and Health Act, the Safe Drinking Water Act, the California Hazardous Waste Control Law, and California Water Code Section 13304, and any successors to said laws), rule or regulation or the release of any toxic substance on or near the Project; or (4) any untrue statement or alleged untrue statement of any material fact or omission or alleged omission to state a material fact necessary to make the statements required to be stated therein, in light of the circumstances under which they were made, not misleading with respect to any information provided by the Recipient for use in any disclosure document utilized in connection with any of the transactions contemplated by this Agreement, except those arising from the gross negligence or willful misconduct of the Indemnified Persons. The Recipient must also provide for the defense and indemnification of the Indemnified Parties in any contractual provision extending indemnity to the Recipient in any contract let for the performance of any work under this Agreement and must cause the Indemnified Parties to be included within the scope of any provision for the indemnification and defense of the Recipient in any contract or subcontract. To the fullest extent permitted by law, the Recipient agrees to pay and discharge any judgment or award entered into or made against Indemnified Persons with respect to any such claim or action, and any settlement, compromise or other voluntary resolution. The provisions of this section survive the term of this Agreement.AD1 SECTION 7. RESPONSIBILITIES AND RIGHTS OF CITY
7-01. Authority of the Engineer. All work done under this contract shall be done in a workmanlike manner and shall be performed to the reasonable satisfaction of the Engineer, who shall have general supervision of all work included hereunder. To prevent disputes and litigation, the Engineer (1) shall in all cases determine the amount, quality, acceptability and fitness of the several kinds of work and materials which are to be paid for under this contract, (2) shall decide all questions relative to the true construction, meaning and intent of the Special Provisions and Drawings, (3) shall decide all questions which may arise relative to the classifications
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and measurements of quantities and materials and the fulfillment of this contract and (4) shall have the power to reject or condemn all work or material which does not conform to the terms of this contract. his or her estimate and decision in all matters shall be a condition precedent to an appeal for arbitration, or the right of the Contractor to receive, demand, or claim any money or other compensation under this agreement and a condition precedent to any liability on the part of the City to the Contractor on account of this contract. Whenever the Engineer shall be unable to act, in consequence of absence or other cause, then such engineer as the Engineer or the City shall designate, shall perform any and all of the duties and be vested with any or all of the powers herein given to the Engineer.
7-02. Inspection. The City will provide engineering personnel for the inspection of the work.
The Engineer and his or her representatives shall at all times have access to the work whenever it is in preparation or progress and the Contractor shall provide proper facilities for such access and inspection.
If the Special Provisions, the Engineer's instruction, laws, ordinances, or any public authority require any work to be specially tested or approved, the Contractor shall give the Engineer timely notice of its readiness for inspection and, if the inspection is by an authority other than the Engineer, of the date fixed for such inspection.
Inspections by the Engineer shall be promptly made at the source of supply where practicable. If any work shall be covered up without approval or consent of the Engineer, it must, if required by the Engineer, be uncovered for examination and properly restored at the Contractor's expense.
Re-examination of any work may be ordered by the Engineer and, if so ordered, the work must be uncovered by the Contractor. If such work is found to be in accordance with the contract documents, the City shall pay the cost of re-examination and replacement. If such work is not in accordance with the contract documents, the Contractor shall pay such cost.
Properly authorized and accredited inspectors shall be considered to be the representatives of the City limited to the duties and powers entrusted to them. It will be their duty to inspect materials and workmanship of those portions of the work to which they are assigned, either individually or collectively, under instructions of the Engineer and to report any and all deviations from the Drawings, Special Provisions and other contract provisions which may come to their notice. Any inspector may be considered to have the right to order the work entrusted to his or her supervision stopped, if in his or her opinion such action becomes necessary, until the Engineer is notified and has determined and ordered that the work may proceed in due fulfillment of all contract requirements.
7-03. Surveys. Contractor shall furnish all land surveys, establish all base lines and bench marks and make sufficient detailed surveys needed for working points, lines and elevations. The Contractor shall develop all slope stakes and batter boards. Contractor shall also develop all additional working points, lines and elevations as he or she may desire to facilitate his or her methods and sequence of construction. 7-04. Rights-of-Way. The City will provide all necessary rights-of-way and easements in or beneath which work will be performed by the Contractor under this contract. 7-05. Retention of Imperfect Work. If any portion of the work done or material furnished under this contract shall prove defective and not in accordance with the Plans and Special Provisions, and if the imperfection in the same shall not be of sufficient magnitude or importance to make the work dangerous or undesirable, the Engineer shall have the right and authority to retain such work instead of requiring the imperfect work to be removed and reconstructed, but he or she shall make such deductions therefor in the payments due or to become due the Contractor as may be just and reasonable. 7-06. Changes in the Work. The Engineer shall have the right, in writing, to order additions to, omissions from, or corrections, alterations and modifications in the line, grade, form, dimensions, plan, or kind or amount of work or materials herein contemplated, or any part thereof, either before or after the beginning of construction.
However, the arithmetical sum of the cost to the City of additions and subtractions from the work under this contract shall not exceed 10 percent of original contract amount or $5,000, whichever is the greater, unless based upon a supplementary agreement to be made therefore.
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The order of such additions, omissions, corrections, alterations and modifications shall be in writing and signed by the Engineer and, in order, shall then be binding upon the Contractor. The Contractor shall proceed with the work as changed and the value of such change shall be determined as provided for in section 10-07 of these Special Provisions.
Such alterations shall in no way affect, vitiate, or make void this contract or any part thereof, except that which is necessarily affected by such alterations and is clearly the evident intention of the parties to this contract. 7-07. Additional Drawings by City. The drawings made a part of this contract at the time of its execution are intended to be fairly comprehensive and to indicate in more or less detail the scope of the work. In addition to these drawings, however, the Engineer shall furnish such additional drawings from time to time during the progress of the work as are necessary to make clear or to define in greater detail the intent of the Special Provisions and the contract drawings and the Contractor shall make his or her work conform to all such drawings. 7-08. Additional and Emergency Protection. Whenever, in the opinion of the Engineer, the Contractor has not taken sufficient precautions for the safety of the public or the protection of the works to be constructed under this contract, or of adjacent structures or property which may be injured by the processes of construction on account of such neglect and whenever, in the opinion of the Engineer, an emergency shall arise and immediate action shall be considered necessary in order to protect public or private, personal or property interest, then and in that event, the Engineer, with or without notice to the Contractor may provide suitable protection to the said interests by causing such work to be done and such material to be furnished as shall provide such protection as the Engineer may consider necessary and adequate.
The cost and expense of such work and material so furnished shall be borne by the Contractor and, if the same shall not be paid on presentation of the bills therefor, then such costs shall be deducted from any amounts due or to become due the Contractor.
The performance of such emergency work under the direction of the Engineer shall in no way relieve the Contractor from any damages which may occur during or after such precaution has been taken by the Engineer. 7-09. Suspension of Work. The City may at any time suspend the work or any part thereof by giving five (5) days written notice to the Contractor. The work shall be resumed by the Contractor within ten (10) days after the date fixed in the written notice from the City to the Contractor so to do. The City shall reimburse the Contractor for expense incurred by the Contractor in connection with the work under this contract as a result of such suspension.
If the work, or any part thereof, shall be stopped by the notice in writing aforesaid and if the City does not give notice in writing to the Contractor to resume work at a date within ten (10) days of the date fixed in the written notice to suspend, then the Contractor may abandon that portion of the work so suspended and he or she will be entitled to the estimates and payments for all work done on the portions so abandoned, if any, plus 5 percent of the value of the work so abandoned, to compensate for loss of overhead, plant expense and anticipated profit. 7-10. Right of City to Terminate Contract. If the Contractor should be adjudged a bankrupt, or if he or she should make a general assignment for the benefit of his or her creditors, or if a receiver should be appointed on account of his or her insolvency, or if he or she should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to supply sufficient properly skilled workmen or proper materials, or if he or she should fail to make prompt payments to subcontractors or for material or labor, or persistently disregard laws, ordinances or the instructions of the Engineer, or otherwise be guilty of a substantial violation of any provision of the contract, then the City, upon the certificate of the Engineer that sufficient cause exists to justify such action, may, without prejudice to any other right or remedy and after giving the Contractor seven days written notice, terminate the employment of the Contractor and take possession of the premises and of all materials, tools and appliances and finish the work by whatever method the City may deem expedient. In such case, the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the contract price shall exceed the expense of finishing the work, including compensation for additional managerial and administrative services, such excess shall be paid to the Contractor. If such expense shall exceed such unpaid balance, the Contractor shall pay the difference to the City. The expense incurred by the City as herein provided and the damage incurred through the Contractor's default, shall be certified by the
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Engineer. In the event that a termination under this section is determined to be improper, such termination shall be deemed a constructive termination for convenience taken pursuant to section 7-12 below. 7-11. Use of Completed Portions. The City shall have the right to take possession of and use any completed or partially completed portions of the work, notwithstanding the time for completing the entire work or such portions which may not have expired; but such taking possession and using shall not be deemed an acceptance of any work not completed in accordance with the contract documents. If such prior use increases the cost of or delays the work, the Contractor shall be entitled to such extra compensation, or extension of time or both, as the Engineer may determine.
7-12. Right of City to Terminate Contract for Convenience. The City may terminate performance of the work called for by the contract documents in whole or, from time to time, in part, if the City determines that a termination is in the City’s best interest. The Contractor shall terminate all or any part of the work upon delivery to the Contractor of a notice of termination specifying that the termination is for the convenience of the City, the extent of termination, and the effective date of such termination. After receipt of notice of termination, and except as directed by the Engineer, the Contractor shall, regardless of any delay in determining or adjusting any amounts due under this termination for convenience clause, immediately proceed with the following obligations:
1. Stop work as specified in the notice.
2. Complete any work specified in the notice of termination in a least cost/shortest time manner while still maintaining the quality called for under the contract documents.
3. Leave the property upon which the Contractor was working and upon which the facility (or facilities) forming the basis of the contract documents is situated in a safe and sanitary manner such that it does not pose any threat to the public health or safety.
4. Terminate all subcontracts to the extent that they relate to the portions of the work terminated.
5. Place no further subcontracts or orders, except as necessary to complete the continued portion of the contract.
6. Submit to the Engineer, within ten (10) calendar days from the effective date of the notice of termination, all of the usual documentation called for by the contract documents to substantiate all costs incurred by the Contractor for labor, materials and equipment through the effective date of the notice of termination.
Any documentation substantiating costs incurred by the Contractor solely as a result of the City's exercise of its right to terminate this Contract pursuant to this clause, which costs the contractor is authorized under the contract documents to incur, shall: (1) be submitted to and received by the Engineer no later than 30 calendar days after the effective date of the notice of termination; (2) describe the costs incurred with particularity; and (3) be conspicuously identified as “Termination Costs occasioned by the City's Termination for Convenience.”
Termination of the contract shall not relieve Surety of its obligation for any just claims arising out of or relating to the work performed. In the event that the City exercises its right to terminate this contract pursuant to this clause, the City shall pay the Contractor, upon the Contractor's submission of the documentation required by this clause and other applicable provisions of the contract documents, the following amounts:
All actual reimbursable costs incurred according to the provisions of this contract.
1. A reasonable allowance for profit on the cost of the Work performed, provided Contractor establishes to the satisfaction of the Engineer that it is reasonably probable that Contractor would have made a profit had the contract been completed and provided further, that the profit allowed shall in no event exceed fifteen (15%) percent of the costs.
2. A reasonable allowance for Contractor's administrative costs in determining the amount payable due to termination of the contract under this Article.
Notwithstanding any other provision of this Article, when immediate action is necessary to protect life and safety or to reduce significant exposure or liability, the City may immediately order Contractor to cease work on the project until such safety or liability issues are addressed to the satisfaction of the City or the contract is terminated.
SECTION 8. WORKMANSHIP, MATERIALS and EQUIPMENT
8-01. General Quality. Materials and equipment shall be new and of a quality equal to that specified or approved. Work shall be done and completed in a thorough and workmanlike manner.
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8-02. Quality in Absence of Detailed Specifications. Whenever under this contract it is provided that the Contractor shall furnish materials or manufactured articles or shall do work for which no detailed specifications are set forth, the materials or manufactured articles shall be of the best grade in quality and workmanship obtainable in the market from firms of established good reputation, or, if not ordinarily carried in stock, shall conform to the usual standards for first-class materials or articles of the kind required, with due consideration of the use to which they are to be put. In general, the work performed shall be in full conformity and harmony with the intent to secure the best standard of construction and equipment of the work as a whole or in part. 8-03. Materials and Equipment Specified by Name. Whenever any material or equipment is indicated or specified by patent or proprietary name or by the name of the manufacturer, such specification shall be considered as used for the purpose of describing the material or equipment desired and shall be considered as followed by the words "or approved equal". The Contractor may offer any material or equipment which shall be equal in every respect to that specified, provided that written approval first is obtained from the Engineer. 8-04. Source of Materials. Price, fitness and quality being equal, preference shall be given by the Contractor for supplies grown, manufactured or produced in the State of California and, next, for such products partially produced in this State in accordance with Government Code Section 4332. 8-05. Storage of Materials. Materials shall be so stored to ensure the preservation of their quality and fitness for the work. They shall be so located and disposed that prompt and proper inspection thereof may be made. 8-06. Drawings, Samples and Tests. As soon as possible after execution of the contract, the Contractor shall submit to the Engineer, in quintuplicate, sufficient information including, if necessary, assembly and detail drawings to demonstrate fully that the equipment and materials to be furnished comply with the provisions and intent of these Special Provisions and Drawings. If the information thus submitted indicates the equipment or materials is acceptable, the Engineer will return one copy stamped with his or her approval; otherwise, one copy will be returned with an explanation of why the equipment or material is unsatisfactory. The Contractor shall have no claims for damages or for extension of time on account of any delay due to the revision of drawings or rejection of material. Fabrication or other work performed in advance of approval shall be done entirely at the Contractor's risk. After approval of equipment or material, the Contractor shall not deviate in any way from the design and specifications given without the written consent of the Engineer.
When requested by the Engineer, a sample or test specimens of the materials to be used or offered for use in connection with the work shall be prepared at the expense of the Contractor and furnished by him or her in such quantities and sizes as may be required for proper examination and tests, with all freight charges prepaid and with information as to their sources.
All samples shall be submitted before shipment and in ample time to permit the making of proper tests, analyses, or examination before the time at which it is desired to incorporate the material into the work. All tests of materials furnished by the Contractor shall be made by the Engineer. Samples shall be secured and tested whenever necessary to determine the quality of the material.
SECTION 9. PROSECUTION OF WORK
9-01. Equipment and Methods. The work under this contract shall be prosecuted with all materials, tools, machinery, apparatus and labor and by such methods as are necessary to the complete execution of everything described, shown, or reasonably implied. If at any time before the beginning or during the progress of the work, any part of the Contractor's plant or equipment, or any of his or her methods of execution of the work, appear to the Engineer to be unsafe, inefficient, or inadequate to insure the required quality or the rate of progress of the work, he or she may order the Contractor to increase or improve his or her facilities or methods and the Contractor shall comply promptly with such orders; but, neither compliance with such orders nor failure of the Engineer to issue such orders shall relieve the Contractor from his or her obligation to secure the degree of safety, the quality of the work and the rate of progress required of the Contractor. The Contractor alone shall be responsible for the safety, adequacy and efficiency of his or her plant, equipment and methods.
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9-02. Time of Completion. The Contractor shall promptly begin the work under this contract and shall complete and make ready for full use all portions of the project made the subject of this contract within the time set forth in the agreement bound herewith.
9-03. Avoidable Delays. Avoidable delays in the prosecution or completion of the work shall include all delays which might have been avoided by the exercise of care, prudence, foresight and diligence on the part of the Contractor. The City will consider as avoidable delays within the meaning of this contract (1) delays in the prosecution of parts of the work, which may in themselves be unavoidable, but do not necessarily prevent or delay the prosecution of other parts of the work nor the completion of the whole work within the time herein specified, (2) reasonable loss of time resulting from the necessity of submitting plans to the Engineer for approval and from the making of surveys, measurements, inspections, and testing and (3) such interruptions as may occur in the prosecution of the work on account of the reasonable interference of other contractors employed by the City which do not necessarily prevent the completion of the whole work within the time herein specified. 9-04. Unavoidable Delays. Unavoidable delays in the prosecution or completion of the work under this contract shall include all delays which may result, through cause beyond the control of the Contractor and which he or she could not have provided against by the exercise of care, prudence, foresight and diligence. Orders issued by the City changing the amount of work to be done, the quantity of material to be furnished or the manner in which the work is to be prosecuted and unforeseen delays in the completion of the work of other contractors under contract with the City will be considered unavoidable delays, so far as they necessarily interfere with the Contractor's completion of the whole of the work. Delays due to normally adverse weather conditions will not be regarded as unavoidable delays. However, truly abnormal amounts of rainfall, temperatures or other weather conditions for the location of the work and time of year may be considered as unavoidable delays if those conditions necessarily cause a delay in the completion of the work. 9-05. Notice of Delays. Whenever the Contractor foresees any delay in the prosecution of the work and, in any event, immediately upon the occurrence of any delay which the contractor regards as an unavoidable delay, he or she shall notify the Engineer in writing of the probability of the occurrence of such delay and its cause, in order that the Engineer may take immediate steps to prevent, if possible, the occurrence or continuance of the delay, or, if this cannot be done, may determine whether the delay is to be considered avoidable or unavoidable, how long it continues and to what extent the prosecution and completion of the work are to be delayed thereby. 9-06. Extension of Time. Should any delays occur which the Engineer may consider unavoidable, as herein defined, the Contractor shall, pursuant to his or her application, be allowed an extension of time proportional to said delay or delays, beyond the time herein set forth, in which to complete this contract; and liquidated damages for delay shall not be charged against the Contractor by the City during an extension of time granted because of unavoidable delay or delays.
Any claim by Contractor for a time extension based on unavoidable delays shall be based on written notice delivered to the Engineer within 15 days of the occurrence of the event giving rise to the claim. Failure to file said written notice within the time specified shall constitute a waiver of said claim. Notice of the full extent of the claim and all supporting data must be delivered to the Engineer within 45 days of the occurrence unless the Engineer specifies in writing a longer period. All claims for a time extension must be approved by the Engineer and incorporated into a written change order.
9-07. Unfavorable Weather and Other Conditions. During unfavorable weather and other conditions, the Contractor shall pursue only such portions of the work as shall not be damaged thereby. No portions of the work whose satisfactory quality or efficiency will be affected by any unfavorable conditions shall be constructed while these conditions remain, unless, by special means or precautions approved by the Engineer, the Contractor shall be able to overcome them.
The Contractor shall be granted a time extension of one day for each unfavorable weather day which prevents him or her from placing concrete forms or placing and finishing concrete or asphalt concrete. Such unfavorable weather day is defined as a rain day where precipitation prevents the contractor from performing the work more than four (4) continuous hours within the authorized work period or a temperature day where the ambient temperature is below that specified for the placement of materials associated with the controlling work item for more than four (4) continuous work hours of the authorized work period.
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9-08. Saturday, Sunday, Holiday and Night Work. No work shall be done between the hours of 6 p.m. and 7 a.m., nor on Saturdays, Sundays or legal holidays except such work as is necessary for the proper care and protection of work already performed, or except in cases of absolute necessity and in any case only with the permission of the Engineer.
It is understood, however, that night work may be established as a regular procedure by the Contractor if he or she first obtains the written permission of the Engineer and that such permission may be revoked at any time by the Engineer if the Contractor fails to maintain at night adequate force and equipment for reasonable prosecution and to justify inspection of the work.
9-09. Hours of Labor. Eight (8) hours of labor shall constitute a legal day's work and the Contractor or any subcontractor shall not require or permit more than eight hours of labor in a day from any person employed by him or her in the performance of the work under this contract, unless paying compensation for all hours worked in excess of eight (8) hours per day at not less than 1½ times the basic rate of pay. The Contractor shall forfeit to the City, as a penalty, the sum of twenty-five dollars ($25.00) for each workman employed in the execution of the contract by him or her or by any subcontractor, for each calendar day during which such laborer, workman, or mechanic is required or permitted to labor more than eight hours in violation of the provisions of Section 1810 to 1816, inclusive, (Article 3, Chapter 1, Part 7, Division 2) of the Labor Code of the State of California and any acts amendatory thereof.
SECTION 10. PAYMENT
10-01. Certification by Engineer. All payments under this contract shall be made upon the presentation of certificates in writing from the Engineer and shall show that the work covered by the payments has been done and the payments thereof are due in accordance with this contract. 10-02. Progress Estimates and Payment. The Engineer shall, within the first seven (7) days of each month, make an estimate of the value of the work performed in accordance with this contract during the previous calendar month.
The first estimate shall be of the value of the work satisfactorily completed in place and meeting the requirements of the contract. And every subsequent estimate, except the final estimate, shall be of the value of the work satisfactorily completed in place since the last preceding estimate was made; provided, however, that should the Contractor fail to adhere to the program of completion fixed in this contract, the Engineer shall deduct from the next and all subsequent estimates the full calculated accruing amount of the liquidated damages to the date of said estimate, until such time as the compliance with the program has been restored.
The estimate shall be signed by the Engineer and, after approval, the City shall pay or cause to be paid to the Contractor in the manner provided by law, an amount equal to 95 percent of the estimated value of the work satisfactorily performed and complete in place.
Engineer will, within 7 days after receipt of each Application for Payment, including each resubmittal, either indicate in writing a recommendation of payment and present the Application to Owner, or return the Application to Contractor indicating in writing Engineer’s reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 10-03. Substitution of Securities.
1. At such times that Pubic Contract Code Section 22300 is in effect Contractor may propose the substitution of securities of at least equal market value for any moneys to be withheld to ensure performance under the Contract. Market value shall be determined as of the day prior to the date such substitution is to take place.
Such substitution shall be made at the request and expense of the Contractor. The securities shall be one or more of the following types:
(a) Bonds or interest-bearing notes or obligations of the United States, or those for which the faith and credit of the United States are pledged for the payment of principal and interest.
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(b) Bonds or interest-bearing notes on obligations that are guaranteed as to principal and interest by a federal agency of the United States.
(c) Bonds of the State of California, or those for which the faith and credit of the State of California are pledged for the payment of principal and interest.
(d) Bonds or warrants, including, but not limited to, revenue warrants, of any county, city, metropolitan water district, California water district, California water storage district, irrigation district in the State of California, municipal utility district, or school district of the State of California, which are rated by Moody's or Standard and Poor as A or better.
(e) Bonds, consolidated bonds, collateral trust debentures, consolidated debentures, or other obligations issued by federal land banks or federal intermediate credit banks established under the Federal Farm Loan Act, as amended; debentures and consolidated debentures issued by the Central Bank for Cooperatives and banks for cooperatives established under the Farm Credit Act of 1933, as amended; bonds, or debentures of the Federal Home Loan Bank Board established under the Federal Home Loan Bank Act; and stock, bonds, debentures and other obligations of the Federal National Mortgage Association established under the National Housing Act as amended and bonds of any Federal Home Loan Mortgage Corporation.
(f) Commercial paper of "prime" quality as defined by a nationally recognized organization which rates such securities. Eligible paper is further limited to issuing corporations: (1) organized and operating within the United States; (2) having total assets in excess of five hundred million dollars ($500,000,000); and (3) approved by the Pooled Money Investment Board of the State of California. Purchases of eligible commercial paper may not exceed 180 days' maturity, nor represent more than 10 percent of the outstanding paper of an issuing corporation.
(g) Bills of exchange or time drafts on and accepted by a commercial bank, otherwise known as bankers acceptances, which are eligible for purchase by the Federal Reserve System. (h) Certificates of deposits issued by a nationally or state-chartered bank or savings and loan association.
(i) The portion of bank loans and obligations guaranteed by the United States Small Business Administration or the United States Farmers Home Administration. (j) Student loan notes insured under the Guaranteed Student Loan Program established pursuant to the Higher Education Act of 1965, as amended (20 U.S.C. 1001, et seq.) and eligible for resale to the Student Loan Marketing Association established pursuant to Section 133 of the Education Amendments of 1972, as amended (20 U.S.C. 1087-2).
(k) Obligations issued, assumed or guaranteed by International Bank for Reconstruction and Development, the Inter-American Development Bank, the Asian Development Bank, or the Government Development Bank of Puerto Rico.
(l) Bonds, debentures and notes issued by corporations organized and operating within the United States. Such securities eligible for substitution shall be within the top three ratings of a nationally recognized rating service.
2. The securities shall be deposited with City or with any commercial bank as escrow agent, who shall arrange for transfer of such securities to the Contractor upon satisfactory completion of the contract. Any interest accrued or paid on such securities shall belong to the Contractor and shall be paid upon satisfactory completion of the contract.
The market value of the securities deposited shall at all times be maintained in an amount at least equal, in the sole judgment of City, to the moneys to be withheld pursuant to the Contract Documents to ensure performance of the Contract. In order to comply with this condition, Contractor shall deposit additional securities as necessary upon request by City or the escrow agent.
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3. Upon acceptance of any Proposal that includes substituting securities for amounts withheld to ensure performance, a separate escrow agreement satisfactory in form and substance to City shall be prepared and executed by City, the Contractor and the escrow agent, which may be City. The escrow agreement shall specify, among other matters, value of securities to be deposited; procedures for valuing the securities and for adding or withdrawing securities to maintain the market value of the deposited securities at least equal to the amount of moneys which would otherwise be withheld; the terms and conditions of conversion to cash in case of the default by the Contractor; and terms, conditions and procedure for termination of the escrow. City shall have no obligation to enter any such Agreement that does not provide the City with the unilateral right to convert securities to cash and to gain immediate possession of the cash.
10-04. Acceptance. The work must be accepted by vote of the City Council of the City of Ukiah when the whole shall have been completed satisfactorily. The Contractor shall notify the Engineer, in writing, of the completion of the work, whereupon the Engineer shall promptly, by personal inspection, satisfy himself as to the actual completion of the work in accordance with the terms of the contract and shall thereupon recommend acceptance by the City Council.
10-05. Final Estimate and Payment. The Engineer shall, as soon as practicable after the final acceptance of the work done under this contract, make a final estimate of the amount of work done thereunder and the value thereof.
Such final estimate shall be signed by the Engineer, and after approval, the City shall pay or cause to be paid to the Contractor, in the manner provided by law, the entire sum so found to be due hereunder, after deducting therefrom all previous payments and such other lawful amounts as the terms of this contract prescribe.
In no case will final payment be made in less than thirty-five (35) days after the filing of the notice of completion with the County Recorder.
10-06. Delay Payments. Should any payment due the Contractor or any estimate be delayed, through fault of the City beyond the time stipulated, such delay shall not constitute a breach of contract or be the basis for a claim for damages, but the City shall pay the Contractor interest on the amount of the payment at the rate of 6 percent per annum for the period of such delay. The terms for which interest will be paid shall be reckoned, in the case of any monthly or progress payment, from the twentieth day of the month next succeeding the month in which the work was performed to the date of payment of the estimate; and in the case of the final estimate, from the forty-fifth day after acceptance to the date of payment of the final estimate.
The date of payment of any estimate shall be considered the day on which the payment is offered or mailed as evidenced by the records of the Treasurer of the City. If interest shall become due on any delayed payment, the amount thereof, as determined by the City, shall be added to a succeeding payment. If the interest shall become due on the final payment, it shall be paid on a supplementary voucher to interest or any sum or sums which, by the terms of this contract, the City is authorized to reserve or retain. 10-07. Extra Work and Work Omitted. Whenever corrections, alterations, or modifications of the work under this contract ordered by the Engineer and approved by the City increase the amount of work to be done, such added work shall be known as "extra work"; and when such corrections, alterations, or modifications decrease the amount of work to be done, such subtracted work shall be known as "work omitted".
When the Contractor considers that any changes ordered involve extra work, he or she shall immediately notify the Engineer in writing and subsequently keep him or her informed as to when and where extra work is to be performed and shall make claim for compensation therefor each month not later than the first day of the month following that in which the work claimed to be extra work was performed and he or she shall submit a daily complete statement of materials and labor used and expenses incurred on account of extra work performed, showing allocation of all materials, labor and expenses.
All such claims shall state the date of the Engineer's written order and the date of approval by the City authorizing the work on account of which claim is made. Unless such notification is made in writing within the time specified and unless complete statements of materials used and expenses incurred on account of such extra work are furnished as above required, the Contractor shall not be entitled to payment on account of extra work and
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Contractor shall be deemed to have waived the right to make any future claims for compensation for such extra work.
When changes decrease the amount of work to be done, they shall not constitute a claim for damages on account of anticipated profits on the work that may be omitted. 10-08. Compensation for Extra Work or Work Omitted. Whenever corrections, additions, or modifications in the work under this contract change the amount of work to be done or the amount of compensation due the Contractor, excepting increases or decreases in contract items having unit contract prices for each measurable quantity installed in place, and such changes have been ordered in writing by the Engineer and approved by the City prior to the Contractor performing the extra work, then a price may be agreed upon. Failing such an agreement in price, the Contractor shall be compensated for performing extra work pursuant to the provisions of Section 4-1.03 D,"Extra Work", and Section 9-1.03,"Force Account Payment" of the Standard Specifications.
This method of determining the price of work shall not apply to the performance of any work which is required or reasonably implied to be performed or furnished under this contract. 10-09. Compensation to the City for Extension of Time. In case the work called for under this contract is not completed within the time limit stipulated herein, the City shall have the right as provided hereinabove, to extend the time of completion thereof. If the time limit be so extended, the City shall have the right to charge to the Contractor and to deduct from the final payment for the work the actual cost to the City of engineering, inspection, superintendence and other overhead expenses which are directly chargeable to the contract and which accrue during the period of such extension, except that the cost of final unavoidable delays shall not be included in such charges.
10-10. Liquidated Damages for Delay. It is agreed by the parties to the contract that time is of the essence and that, in case all the work is not completed before or upon the expiration of the time limit as set forth, damage, other than those cost items identified in section 10-09, will be sustained by the City and that it is and will be impracticable to determine the actual amount of damage by reason of such delay; and it is therefore agreed that the Contractor will pay to the City the sum of five hundred dollars ($500.00) per day for each and every calendar day's delay beyond the time prescribed.
In compliance with the provisions of California Public Contract Code § 7102, the Contractor will be compensated for damages incurred due to delays in completing the work due solely to the fault of the City, where such delay is unreasonable under the circumstances and not contemplated by the parties. The Contractor and City agree that determining actual damages is impracticable and extremely difficult. As such, the Contractor shall be entitled to the appropriate time extension and to payment of liquidated damages in the sum of $250 per day of delay in excess of the time specified for the completion of the work. Such amount shall constitute the only payment allowed and shall necessarily include all overhead (direct or indirect), all profit, 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 delay. The Contractor expressly agrees to be limited solely to the liquidated damages for all such delays as defined in this subsection.
SECTION 11. MISCELLANEOUS
11-01. Notice. Whenever any provision of the contract documents requires the giving of written notice, it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. If mailed, the notice shall be deemed received on the date of delivery stated in the return receipt. 11-02. Computation of Time. When any period of time is referred to in the Contract Documents by days, it shall be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation.
11-03. Claims Procedure
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Contractor shall timely comply with all notices and requests for changes to the contract time or contract price, as a prerequisite to filing any claim governed by this Article. The failure to timely submit a notice of delay or notice of change, or to timely request a change to the contract time or contract price, or to timely provide any other notice or request required herein shall constitute a waiver of the right to further pursue the claim under the contract or at law.
A. Intent. 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 Article is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Article shall be construed to be consistent with said statutes.
B. Claims. For purposes of this Article, “Claim” means a separate demand by the Contractor, 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, or (C) an amount the payment of which is disputed by the District. Claims governed by this Article may not be filed unless and until the Contractor completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order. Claims governed by this Article must be filed no later than the date of final payment.
The claim shall be submitted in writing to the District and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing herein 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.
Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.
C. Supporting Documentation. The Contractor shall submit all claims in the following format:
Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made
List of documents relating to claim:
Specifications
Drawings
Clarifications (Requests for Information)
Schedules
Other
Chronology of events and correspondence
Analysis of claim merit
Analysis of claim cost
Time impact analysis in CPM format
If Contractor’s claim is based in whole or in part on an allegation of errors or omissions in the Drawings or Specifications for the project, Contractor shall provide a summary of the percentage of the claim subject to design errors or omissions and shall obtain a certificate of merit in support of the claim of design errors and omissions.
D. City’s Response. Upon receipt of a claim pursuant to this Article, 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.
If the City needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the City’s governing body 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
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duly publicly noticed meeting of the City’s governing body after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.
Within 30 days of receipt of a claim, the City may request in writing additional documentation supporting the claim or relating to defenses or claims the District 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. The City’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 days (if the claim is less than $15,000, 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.
E. Meet and Confer. If the Contractor disputes the City’s written response, or the City 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 in writing 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.
F. 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.
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.
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.
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 Public Contract Code Section 20104.4 to mediate after litigation has been commenced.
The mediation shall be held no earlier than the date the Contractor completes the work or the date that 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.
G. Procedures After Mediation. 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 prior to initiating litigation. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the 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.
H. Civil Actions. The following procedures are established for all civil actions filed to resolve claims of $375,000 or less:
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
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and the terms of this Contract. 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.
If the matter remains in dispute, the case shall be submitted to 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. 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 appealing an arbitration award who 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 on appeal of the other party.
I. 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 Sections 900, et seq. prior to filing any lawsuit against the City. 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 have been followed by Contractor. If no such Government Code claim is submitted, or if the prerequisite contractual requirements are not satisfied, no action against the City may be filed. A Government Code claim must be filed no earlier than the date the work is completed or the date the Contractor last performs work on the project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted.
J. Non-Waiver. The City’s failure to respond to a claim from the Contractor within the time periods described in this Article or to otherwise meet the time requirements of this Article shall result in the claim being deemed rejected in its entirety.
11-04. Arbitration. Subject to exhaustion of all other applicable contractual and administrative remedies, including Public Contract Code Section 9201, any unresolved claim arising under this contract shall be subject to binding arbitration pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2 of the California Public Contract Code.
11-05. Litigation and Forum Selection. Contractor and City stipulate and agree that any litigation relating to the enforcement or interpretation of this contract, arising out of Contractor's performance or relating in any way to the work shall be brought in Mendocino County and that venue will lie in Mendocino County.
Except as otherwise expressly provided by law, the parties waive any objections they might otherwise have to the propriety of jurisdiction or venue in the state courts in Mendocino County and agree that California law shall govern any such litigation.
The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto and, in particular but without limitation, the warranties, guaranties and obligations imposed upon the Contractor and all of the rights and remedies available to the City thereunder, shall be in addition to and shall not be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by law or contract, by special warranty or guaranty, or by other provisions of the contract documents and the provisions of this paragraph shall be as effective as if repeated specifically in the contract documents in connection with each particular duty, obligation, right and remedy to which they apply. All warranties and guaranties made in the contract document shall survive final payment and termination or completion of this contract. The City disclaims an express or implied warranty that the plans and specifications identify all site conditions that could affect the time or cost to complete the Work. 11-05. Waiver. The Contractor shall strictly comply with all notices and other contract requirements. Waiver by the City of any failure of the Contractor to comply with any term of the contract, including the notice provisions, shall not be deemed a waiver of a subsequent breach.
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TECHNICAL SPECIFICATIONS
SECTION 12. GENERAL INFORMATION
12-01. Location and Scope of Work. All of the work to be performed is within the City of Ukiah and consists of construction of Recycled Water Project Phase 4 - Specification No. 23-01, including: construction of new and rehabilitation of existing facilities related to the City of Ukiah’s recycled water production, storage, and distribution; repair and reconstruction of existing improvements affected by the Work; and incidentals for complete and usable facilities. General locations of the work:
1. City of Ukiah Water Treatment Plant: 935 River Street, Ukiah, CA 95482.
2. City of Ukiah Wastewater Treatment Plant: 300 Plant Road, Ukiah, CA 95482.
3. Various locations within the City of Ukiah for the recycled water distribution system pipelines.
The Contractor should familiarize himself with the local conditions of the project sites. Failure to do so will in no way relieve him of the responsibility for performing any of the work or operations required as a part of this contract. Further information regarding the work or these specifications can be obtained from Seth Strader at (707) 463-6233.
12-02. Arrangement of Technical Specifications. The Technical Specifications are arranged in sections covering the various phases of work as follows:
Section No. Title
12 General Information
13 Construction Details
14 Exclusions from General Conditions
15 Amendments to General Conditions
12-03. Arrangement of Plans. General locations and linear quantities of the work are shown in Appendix "A".
A map will be provided to the successful bidder showing the exact locations of the work to be done. 12-04. Business Licenses. The Contractor and any subcontractors shall each secure and maintain a valid City of Ukiah Business License prior to the start of any portion of the work. 12-05. Permits. The Contractor shall provide, procure, and pay for all permits required to complete this work. 12-06. Standard Specifications and Standard Plans. The Standard Specifications and Standard Plans of the California State Department of Transportation, 2018, are hereby made a part of these Special Provisions and are hereinafter referred to as "California Standard Specifications" and "California Standard Plans." Whenever in the California Standard Specifications and the California Standard Plans the following terms are used, they shall be understood to mean and refer to the following:
Department of Transportation - The City Council.
Director of Public Works - The City of Ukiah Director of Public Works.
Engineer - The Engineer, designated by the City Council, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them.
Laboratory - The designated laboratory authorized by the City of Ukiah to test materials and work involved in the contract.
State - The City of Ukiah
Other terms appearing in the California Standard Specifications and the California Standard Plans shall have the intent and meaning specified in Section I, Definition of Terms of the California Standard Specifications.
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In case of discrepancy between the contract documents, the order of precedence from the highest to lowest is as follows:
1. (City) Special Provisions
2. (City) Project Plans
3. City Standard Plans and Details
4. California Standard Plans
5. California Standard Specifications
12-07. Temporary Facilities. All temporary facilities are the responsibility of the Contractor. The removal of said facilities shall be the responsibility of the Contractor. The Contractor shall be responsible for any and all damages to existing facilities which are a result of the work. 12-08. Public Convenience and Safety. The Contractor shall conduct operations so as to cause the least possible obstruction and inconvenience to public traffic. The Contractor shall, at his or her expense, furnish such flag persons and furnish, erect, construct and maintain such fences, barriers, lights, signs, detours, pedestrian walkways, driveway ramps and bridging as may be necessary to give adequate warning to the public that work is in progress and that dangerous conditions exist, to provide access to abutting properties and to permit the flow of pedestrian and vehicular traffic to safely and expeditiously pass the work. 12-09. Maintaining Traffic. Attention is directed to Section 7-1.08, "Public Convenience," 7-1.09, "Public Safety," 7-1.092, "Lane Closure," and 7-1.095, "Flagging Costs," of the California Standard Specifications.
Streets shall be open to through vehicular traffic during non-working hours. All public traffic shall be permitted to pass through the work with as little inconvenience and delay as possible.
Full costs for "Maintaining Traffic", including "Flagging Costs", shall be considered as included in the various items of work and no additional compensation will be made.
12.10. Stream Pollution. The Contractor shall exercise every reasonable precaution to prevent muddying or silting of live streams, and the Contractor's attention is called to the fact that the terms of this contract do not relieve him or her of responsibility for compliance with Sections 5650 and 12015 of the Fish and Game Code or other applicable statutes relating to pollution prevention or abatement. 12-11. Warranties. Unless otherwise indicated, the Contractor shall warrant all materials provided and work performed under this contract for a period of one year from the date of final acceptance. He shall replace promptly and at his own expense any materials and/or workmanship which fail during this warranty period. 12-12. Utilities. No water, sewer or electrical services will be provided by the owner. It is the Contractor's sole responsibility to arrange such services as necessary.
12-13. Preconstruction Conference. A preconstruction conference will be held before any work will be allowed to commence. This meeting will cover inspection, schedule for work, and among other items, the responsibilities and procedures of each of the interested parties to assure that the project will be completed in accordance with the contract documents.
12-14. Safety Requirements. The Contractor shall comply with all pertinent provisions of the Department of Labor "Safety and Health Regulations for Construction (29 FCS Part 1518, 36 CFR 7340)", with additions or modifications thereto, in effect during construction of this project.
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SECTION 13 - CONSTRUCTION DETAILS
13-01. Volume 1 - Technical Specifications Division 00 through Division 13
13-02. Volume 2 - Technical Specifications Division 15 through Division 17 and Appendices o Appendix A of the Specifications - Mitigation Monitoring and Reporting Program o Appendix B of the Specifications - WWTP Geotechnical Report (Revision 2) o Appendix C of the Specifications - Recycled Water Pipeline Geotechnical Report 13-03. Volume 3 - Drawings
SECTION 14. EXCLUSIONS FROM GENERAL CONDITIONS
14-01. Provisions to be Excluded from General Conditions. The following designated provisions of the General Conditions are hereby determined to be inapplicable to the proposed work and, therefore, are hereby excluded from the terms of the Notice to Bidders, Proposal, Agreement and other contract documents as though entirely omitted from said General Conditions:
No other exclusions.
SECTION 15. AMENDMENTS TO GENERAL CONDITIONS
15-01. Sections of General Conditions to be Amended.
The following designated sections of the Special Provisions are hereby amended to read as follows:
No amendments.
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BID SUBMITTAL CHECKLIST
The following is a checklist to assist you in your submission of your bid documents. Please make sure you include the following when submitting your bid documents to reduce the risk of having your bid rejected:
Did you include?...
o Proposal (Page ___)
Unit prices filled out clearly.
Extended prices filled out clearly and calculated correctly Total bid amount filled out clearly and calculated correctly Sign the proposal, and provide complete information
CLSB No. and expiration date
Department of Industrial Relations Public Works Contractor Registration Number o Fair Employment Practices Certification (Page ___)
Filled out completely per instruction
o Worker’s Compensation Certificate (Page ____)
Filled out completely per instruction
o Certification of Non-Discrimination in Employment (Page ___) Filled out completely per instruction
o List of Proposed Subcontractors (Page _____)
Filled out completely per instruction
o Statement of Experience (Page ____)
o Signature of Bidder (Page _____)
Filled out completely per instruction
Authorized signature provided
o Bidder’s Bond (Page _____)
Filled out completely per instruction
o Non-Collusion Affidavit (Page _____)
Filled out completely per instruction
Notarized
o Addenda Issued
Check the City website for any addenda issued: www.cityofukiah.com/purchasing AD1
BID SUBMITTAL CHECKLIST
The following is a checklist to assist you in your submission of your bid documents. Please make sure you include the following when submitting your bid documents to reduce the risk of having your bid rejected:
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Did you include?...
o Proposal (Page ___)
Unit prices filled out clearly.
Extended prices filled out clearly and calculated correctly Total bid amount filled out clearly and calculated correctly Sign the proposal, and provide complete information
CLSB No. and expiration date
Department of Industrial Relations Public Works Contractor Registration Number o Fair Employment Practices Certification (Page ___)
Filled out completely per instruction
o Worker’s Compensation Certificate (Page ____)
Filled out completely per instruction
o Certification of Non-Discrimination in Employment (Page ___) Filled out completely per instruction
o List of Proposed Subcontractors (Page _____)
Filled out completely per instruction
o Statement of Experience (Page ____)
o Signature of Bidder (Page _____)
Filled out completely per instruction
Authorized signature provided
o Bidder’s Bond (Page _____)
Filled out completely per instruction
o Non-Collusion Affidavit (Page _____)
Filled out completely per instruction
Notarized
o Certification of Compliance with WRFP/SRF Conditions (Page ____) o Addenda Issued
Check the City website for any addenda issued: www.cityofukiah.com/purchasing AD1
RECYCLED WATER PROJECT – PHASE 4 34 Spec. No. 23-01
July 12, 2023 - CONFORMED
RECYCLED WATER PROJECT – PHASE 4 35 Spec. No. 23-01
July 12, 2023 - CONFORMED
CITY OF UKIAH
MENDOCINO COUNTY, CALIFORNIA
PROPOSAL
FOR
RECYCLED WATER PROJECT – PHASE 4
Specification No. 23-01
The undersigned, as bidder,
declares that he or she has examined thoroughly all of the contract documents herein contained, that this proposal is made without collusion with any other person, firm or corporation and that all laws and ordinances relating to the interest of public officers in this contract have been complied with in every respect.
AND he or she proposes and agrees, if this proposal is accepted, 1) that he or she will contract with the City of Ukiah, Mendocino County, California, in the form of the copy of the agreement herein contained
a) to provide all necessary machinery, tools, apparatus and other means of construction; b) to furnish all materials;
c) to provide all superintendence, overhead expenses and all labor and expenses of whatever nature necessary to complete the job in conformity with the specifications and drawings and other contract provisions herein or reasonably implied hereby or as necessary to complete the work in the manner and within the time named herein and according to the requirements and to the reasonable satisfaction of the City Engineer; d) to pay all charges of freight transportation and hauling; 2) that he or she indemnifies the City against any loss or damage arising from any act of the undersigned as Contractor; and
3) that he or she will accept as full payment therefor the following sums:
The Bidder certifies the following:
1) This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation.
2) Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 3) Bidder has not solicited or induced any individual or entity to refrain from bidding. 4) Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract as defined below:
a) Corrupt practice means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process. b) Fraudulent practice means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition. c) Collusive practice means a scheme or arrangement between 2 or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels. d) Coercive practice means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract.
RECYCLED WATER PROJECT – PHASE 4 36 Spec. No. 23-01
July 12, 2023 - CONFORMED
This Bid will remain subject to acceptance for [60] days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner.
In accordance with California Public Contract Code Section 2200 et seq., (“Iran Contracting Act of 2010”), Bidder certifies that Bidder is not identified on the list created by the California Department of General Services (DGS) in accordance with California Public Contract Code Section 2203(b) as a Person engaging in investment activities in Iran.
RECYCLED WATER PROJECT – PHASE 4 37 Spec. No. 23-01
July 12, 2023 - CONFORMED
BIDDING SCHEDULE
In the case of any discrepancy between the unit price and the total set forth for the item, the unit price shall prevail; provided, however, that if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any reason, or is omitted, or in the case of lump sum items, is not the same amount as the entry in the “Total” column, then the amount set forth in the “Total” column for the item shall prevail in accordance with the following:
1. As to lump sum items, the amount set forth in the “Total” column shall be the unit price;
2. As to unit basis items, the amount set forth in the “Total” column shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price.
The Total Base Bid shall be the sum of the items in the “Total” column. In case of discrepancy between the sum of the items in the “Total” column and the amount entered as Total Base Bid, the sum of the “Total” column items shall prevail. The bid comparison will be based on the sum of the items in the “total” column for each bidder.
The Unit prices for the various Construction Items below include all costs associated with the General Conditions, Special Provisions, Requirements of the Construction Contract, and represent the total, complete, in-place cost for each specific Construction Item in accordance with the Construction Documents, including all elements, work components, accessories, and connections, shown in applicable details or required to yield a complete, sound and functional component or system appropriate for its intended function, whether or not such is specifically described or listed in any description of measurement or payment. The total amount of the Construction items below shall represent the total and complete cost of the fully functional Project. All work not specifically listed below be required to complete the work of the various construction items and the cost of such shall be considered as included throughout the various unit prices indicated.
Lowest bid will be based on the lowest Base Bid.
NAME OF BIDDER:
SPEC #: 23-01
PROJECT NAME: RECYCLED WATER PROJECT – PHASE 4AD5
BIDDING SCHEDULE
In the case of any discrepancy between the unit price and the total set forth for the item, the unit price shall prevail; provided, however, that if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any reason, or is omitted, or in the case of lump sum items, is not the same amount as the entry in the “Total” column, then the amount set forth in the “Total” column for the item shall prevail in accordance with the following:
1. As to lump sum items, the amount set forth in the “Total” column shall be the unit price;
2. As to unit basis items, the amount set forth in the “Total” column shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price.
The Total Base Bid shall be the sum of the items in the “Total” column. In case of discrepancy between the sum of the items in the “Total” column and the amount entered as Total Base Bid, the sum of the “Total” column items shall prevail. The bid comparison will be based on the sum of the items in the “total” column for each bidder.
The Unit prices for the various Construction Items below include all costs associated with the General Conditions, Special Provisions, Requirements of the Construction Contract, and represent the total, complete, in-place cost for each specific Construction Item in accordance with the Construction Documents, including all elements, work components, accessories, and connections, shown in applicable details or required to yield a
RECYCLED WATER PROJECT – PHASE 4 38 Spec. No. 23-01
July 12, 2023 - CONFORMED
complete, sound and functional component or system appropriate for its intended function, whether or not such is specifically described or listed in any description of measurement or payment. The total amount of the Construction items below shall represent the total and complete cost of the fully functional Project. All work not specifically listed below be required to complete the work of the various construction items and the cost of such shall be considered as included throughout the various unit prices indicated.
Lowest bid will be based on the lowest Base Bid.
NAME OF BIDDER:
SPEC #: 23-01
PROJECT NAME: RECYCLED WATER PROJECT – PHASE 4AD4AD5
BIDDING SCHEDULE
In the case of any discrepancy between the unit price and the total set forth for the item, the unit price shall prevail; provided, however, that if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any reason, or is omitted, or in the case of lump sum items, is not the same amount as the entry in the “Total” column, then the amount set forth in the “Total” column for the item shall prevail in accordance with the following:
3. As to lump sum items, the amount set forth in the “Total” column shall be the unit price;
4. As to unit basis items, the amount set forth in the “Total” column shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price.
The Total Base Bid shall be the sum of the items in the “Total” column. In case of discrepancy between the sum of the items in the “Total” column and the amount entered as Total Base Bid, the sum of the “Total” column items shall prevail. The bid comparison will be based on the sum of the items in the “total” column for each bidder.
The Unit prices for the various Construction Items below include all costs associated with the General Conditions, Special Provisions, Requirements of the Construction Contract, and represent the total, complete, in-place cost for each specific Construction Item in accordance with the Construction Documents, including all elements, work components, accessories, and connections, shown in applicable details or required to yield a complete, sound and functional component or system appropriate for its intended function, whether or not such is specifically described or listed in any description of measurement or payment. The total amount of the Construction items below shall represent the total and complete cost of the fully functional Project. All work not specifically listed below be required to complete the work of the various construction items and the cost of such shall be considered as included throughout the various unit prices indicated.
Lowest bid will be based on the lowest Base Bid.
NAME OF BIDDER:
SPEC #: 23-01
PROJECT NAME: RECYCLED WATER PROJECT – PHASE 4AD4
RECYCLED WATER PROJECT – PHASE 4 39 Spec. No. 23-01
July 12, 2023 - CONFORMED
RECYCLED WATER PROJECT – PHASE 4 40 Spec. No. 23-01
July 12, 2023 - CONFORMED
ITE
M# DESCRIPTION
UNIT
OF
MEAS
URE
QUAN
TITY UNIT PRICE TOTAL
1 Mobilization % 5 2 Traffic Control LS 1 3 Temporary Facilities and Controls (per Section 01500) LS 1 4 Temporary Excavation Support - WWTP LS 1 5 Dewatering - WWTP LS 1 6 Dechlorination Structure (Area 60) LS 1 7 Buried Sludge Piping LS 1 8 Packaged Water Treatment System Rehabilitation (per Specification Section 11802) (Area 85) 8a Scope of Supply provided by WesTech LS 1 8b Tank Coating (per Specification Section 09960) SF 10,000 8c Rotary-Lobe Blowers (per Specification Section 11376A) LS 1 8d Coagulant Feed Pump (per Specification Section 11242) LS 1 8e Rapid Mix Pump (per Specification Section 11312O) LS 1 8f All other Work associated with Area 85 LS 1
9 Backwash Pump Station (Area 87) LS 1
10 Carousel Pump Station (Area 89) LS 1 11 PAU Pump Station (Area 91) LS 1 12 PAU Excavation and Embankment LS 1 13 PAU Concrete Liner and Inlets LS 1 14 Yard Piping - WWTP LS 1 15 Electrical Work - WWTP 15a 12 kV Work LS 1 15b Electrical Ductbanks LS 1
RECYCLED WATER PROJECT – PHASE 4 41 Spec. No. 23-01
July 12, 2023 - CONFORMED
15b All other Electrical Work LS 1
16 Instrumentation & Controls Work - WWTP LS 1 17 Startup and Commissioning (per Specification Section 01756) - WWTP LS 1 18 All other Work - WWTP LS 1 19 Temporary Excavation Support - WTP LS 1 20 Dewatering - WTP LS 1 21 Recycled Water Storage Tank (per Specification Section 13207) LS 1 22 Recycled Water Pump Station LS 1 23 WTP Excavations and Embankments LS 1 24 WTP Yard Piping LS 1 25 21” Sewer Replacement LS 1 26 Concrete Manholes EA 33 27 Electrical Work - WTP LS 1 27a Recycled Water Pump Station Electrical Buildin
g
LS 1
27b Other Miscellaneous Electrical Work - WTP LS 1
28 Instrumentation and Controls Work - WTP LS 1 29 Startup and Commissioning (per Specification Section 01756) - WTP LS 1 30 All other Work - WTP LS 1 31 Temporary Excavation Support - Distribution S
ystem LS 1
32 Dewatering - Distribution System LS 1 33 18-inch diameter PVC pipeline in trench LF 34 16-inch diameter PVC pipeline in trench LF 35 1 2-inch diameter PVC pipeline in trench LF 365 10-inch diameter PVC pipeline in trench LF 376 8-inch diameter PVC pipeline in trench LF 387 6-inch diameter PVC pipeline in trench LF
RECYCLED WATER PROJECT – PHASE 4 42 Spec. No. 23-01
July 12, 2023 - CONFORMED
398 4-inch diameter PVC pipeline in trench LF
4039 Microtunnel Crossing (including pressure pipe and casing) LS 1 410 Pipeline Blow-off Assemblies EA 421 Pipeline Combination Air Valves EA 432 Pipeline Butterfly Valves EA 443 Meters and Service Lines EA 454 Pedestrian Bridge LS 1 Tunneling LS 1
465
Startup and Commissioning (per Specification Section 01756) - Distribution System LS 1
47 All other Work - Distribution System LS 1
486 Demobilization LS 1
TOTAL BID ==>> $
ITEM# DESCRIPTION UNIT OF MEASURE QUANTITY UNIT PRICE TOTAL 1 Mobilization % 5 2 Traffic Control LS 1 3 Temporary Facilities and Controls (per Section 01500) LS 1 4 Temporary Excavation Support - WWTP LS 1 5 Dewatering - WWTP LS 1 6 Dechlorination Structure (Area 60) LS 1 7 Buried Sludge Piping LS 1 8 Packaged Water Treatment System Rehabilitation (per Specification Section 11802) (Area 85) 8a Scope of Supply provided by WesTech LS 1 8b Tank Coating (per Specification Section 09960) SF 10,000 8c Rotary-Lobe Blowers (per Specification Section 11376A) LS 1 8d Coagulant Feed Pump (per Specification Section 11242) LS 1 8e Rapid Mix Pump (per Specification Section 11312O) LS 1
RECYCLED WATER PROJECT – PHASE 4 43 Spec. No. 23-01
July 12, 2023 - CONFORMED
8f All other Work associated with Area 85 LS 1
9 Backwash Pump Station (Area 87) LS 1
10 Carousel Pump Station (Area 89) LS 1 11 PAU Pump Station (Area 91) LS 1 12 PAU Excavation and Embankment LS 1 13 PAU Concrete Liner and Inlets LS 1 14 Yard Piping - WWTP LS 1 15 Electrical Work - WWTP 15a 12 kV Work LS 1 15b Electrical Ductbanks LS 1 15b All other Electrical Work LS 1 16 Instrumentation & Controls Work - WWTP LS 1 17 Startup and Commissioning (per Specification Section 01756) - WWTP LS 1 18 All other Work - WWTP LS 1 19 Temporary Excavation Support - WTP LS 1 20 Dewatering - WTP LS 1 21 Recycled Water Storage Tank (per Specification Section 13207) LS 1 22 Recycled Water Pump Station LS 1 23 WTP Excavations and Embankments LS 1 24 WTP Yard Piping LS 1 25 21” Sewer Replacement LS 1 26 Concrete Manholes EA 3 27 Electrical Work - WTP LS 1 27a Recycled Water Pump Station Electrical Building LS 1 27b Other Miscellaneous Electrical Work - WTP LS 1 28 Instrumentation and Controls Work - WTP LS 1 29 Startup and Commissioning (per Specification Section 01756) - WTP LS 1 30 All other Work - WTP LS 1
RECYCLED WATER PROJECT – PHASE 4 44 Spec. No. 23-01
July 12, 2023 - CONFORMED
31 Temporary Excavation Support - Distribution System LS 1 32 Dewatering - Distribution System LS 1 33 18-inch diameter PVC pipeline in trench LF 3,781 34 16-inch diameter PVC pipeline in trench LF 20 35 12-inch diameter PVC pipeline in trench LF 3,857 36 10-inch diameter PVC pipeline in trench LF 3,145 37 8-inch diameter PVC pipeline in trench LF 827 38 6-inch diameter PVC pipeline in trench LF 2718 39 4-inch diameter PVC pipeline in trench LF 206 40 12-inch diameter ductile iron pipeline LF 150 41 Microtunnel Crossing (including pressure pipe and casing) LS 1 42 Pipeline Blow-off Assemblies EA 12 43 Pipeline Combination Air Valves EA 20 44 Pipeline Butterfly Valves EA 6 45 Pipeline Gate Valves EA 10 46 Meters and Service Lines EA 13 47 Pedestrian Bridge LS 1 48 Startup and Commissioning (per Specification Section 01756) - Distribution System LS 1 49 All other Work - Distribution System LS 1 50 Demobilization LS 1 TOTAL BID ==>> $
AD1
ITEM# DESCRIPTION UNIT OF MEASURE QUANTITY UNIT PRICE TOTAL 1 Mobilization % 5 2 Traffic Control LS 1 3 Temporary Facilities and Controls (per Section 01500) LS 1 4 Temporary Excavation Support - WWTP LS 1
RECYCLED WATER PROJECT – PHASE 4 45 Spec. No. 23-01
July 12, 2023 - CONFORMED
ITEM# DESCRIPTION UNIT OF MEASURE QUANTITY UNIT PRICE TOTAL 5 Dewatering - WWTP LS 1 6 Dechlorination Structure (Area 60) LS 1 7 Buried Sludge Piping LS 1 8 Packaged Water Treatment System Rehabilitation (per Specification Section 11802) (Area 85) 8a Scope of Supply provided by WesTech LS 1 8b Tank Coating (per Section 09960) SF 10,000 8c Rotary-Lobe Blowers (per Section 11376A) LS 1
8d Coagulant Feed Pump (per Section 11242) LS 1 8e Rapid Mix Pump (per Section 11312O) LS 1 8f All other Work associated with Area 85 LS 1
9 Backwash Pump Station (Area 87) LS 1
10 Carousel Pump Station (Area 89) LS 1 11 PAU Pump Station (Area 91) LS 1 12 PAU Excavation and Embankment LS 1 13 PAU Concrete Liner and Inlets LS 1 14 Yard Piping - WWTP LS 1 15 Electrical Work - WWTP 15a 12 kV Work LS 1 15b Electrical Ductbanks LS 1 15b All other Electrical Work LS 1 16 Instrumentation & Controls Work - WWTP LS 1 17 Startup and Commissioning (per Section 01756) - WWTP LS 1 18 All other Work - WWTP LS 1 19 Temporary Excavation Support - WTP LS 1 20 Dewatering - WTP LS 1 21 Recycled Water Storage Tank (per Section 13207) LS 1 22 Recycled Water Pump Station LS 1
RECYCLED WATER PROJECT – PHASE 4 46 Spec. No. 23-01
July 12, 2023 - CONFORMED
ITEM# DESCRIPTION UNIT OF MEASURE QUANTITY UNIT PRICE TOTAL 23 WTP Excavations and Embankments LS 1 24 WTP Yard Piping LS 1 25 21” Sewer Replacement LS 1 26 Concrete Manholes EA 3 27 Electrical Work - WTP LS 1 27a Recycled Water Pump Station Electrical Building LS 1 27b Other Miscellaneous Electrical Work - WTP LS 1 28 Instrumentation and Controls Work - WTP LS 1 29 Startup and Commissioning (per Section 01756) - WTP LS 1 30 All other Work - WTP LS 1 31 Temporary Excavation Support - Distribution System LS 1 32 Dewatering - Distribution System LS 1 33 18-inch diameter PVC pipeline in trench LF 3,781 34 16-inch diameter PVC pipeline in trench LF 20 35 12-inch diameter PVC pipeline in trench LF 3,857 36 10-inch diameter PVC pipeline in trench LF 3,145 37 8-inch diameter PVC pipeline in trench LF 827 38 6-inch diameter PVC pipeline in trench LF 2718 39 4-inch diameter PVC pipeline in trench LF 206 40 12-inch diameter ductile iron pipeline LF 150 41a CalTrans Microtunnel Crossing (including pressure pipe and casing) LS 1 41b Railroad Crossing (including pressure pipe and casing) LS 1 42 Pipeline Blow-off Assemblies EA 12 43 Pipeline Combination Air Valves EA 20 44 Pipeline Butterfly Valves EA 6 45 Pipeline Gate Valves EA 10 46 Meters and Service Lines EA 13
RECYCLED WATER PROJECT – PHASE 4 47 Spec. No. 23-01
July 12, 2023 - CONFORMED
ITEM# DESCRIPTION UNIT OF MEASURE QUANTITY UNIT PRICE TOTAL 47 Pedestrian Bridge LS 1 48 Startup and Commissioning (per Section 01756) - Distribution System LS 1 49 All other Work - Distribution System LS 1 50 Demobilization LS 1 TOTAL BID ==>> $
AD3AD4
ITEM
# DESCRIPTION UOM QTY UNIT PRICE TOTAL 1 Mobilization LS 1 2 Traffic Control LS 1 3 Temporary Facilities and Controls (per Section 01500) LS 1 4 Temporary Excavation Support - WWTP LS 1 5 Dewatering - WWTP LS 1 6 Dechlorination Structure (Area 60) LS 1 7 Buried Sludge Piping LS 1 8 Packaged Water Treatment System Rehabilitation (per Specification Section 11802) (Area 85) 8a Scope of Supply provided by WesTech LS 1 8b Tank Coating (per Specification Section 09960) SF 10,000 8c Rotary-Lobe Blowers (per Specification Section 11376A) LS 1 8d Coagulant Feed Pump (per Specification Section 11242) LS 1 8e Rapid Mix Pump (per Specification Section 11312O) LS 1 8f All other Work associated with Area 85 LS 1
9 Backwash Pump Station (Area 87) LS 1
10 Carousel Pump Station (Area 89) LS 1 11 PAU Pump Station (Area 91) LS 1 12a PAU Excavation CY 40,000
RECYCLED WATER PROJECT – PHASE 4 48 Spec. No. 23-01
July 12, 2023 - CONFORMED
12b PAY Embankment LS 1
13 PAU Concrete Liner and Inlets LS 1 14 Yard Piping - WWTP LS 1 15 Electrical Work - WWTP 15a 12 kV Work LS 1 15b Electrical Ductbanks LS 1 15b All other Electrical Work LS 1 16 Instrumentation & Controls Work - WWTP LS 1 17 Startup and Commissioning (per Specification Section 01756) - WWTP LS 1 18 All other Work - WWTP LS 1 19 Temporary Excavation Support - WTP LS 1 20 Dewatering - WTP LS 1 21 Recycled Water Storage Tank (per Specification Section 13207) LS 1 22 Recycled Water Pump Station LS 1 23 WTP Excavations and Embankments LS 1 24 WTP Yard Piping LS 1 25 21” Sewer Replacement LS 1 26 Concrete Manholes EA 3 27 Electrical Work - WTP LS 1 27a Recycled Water Pump Station Electrical Buildin
g
LS 1
27b Other Miscellaneous Electrical Work - WTP LS 1
28 Instrumentation and Controls Work - WTP LS 1 29 Startup and Commissioning (per Specification Section 01756) - WTP LS 1 30 All other Work - WTP LS 1 31 Temporary Excavation Support - Distribution S
ystem LS 1
32 Dewatering - Distribution System LS 1
RECYCLED WATER PROJECT – PHASE 4 49 Spec. No. 23-01
July 12, 2023 - CONFORMED
33 18-inch diameter PVC pipeline in trench LF 3781 34 16-inch diameter PVC pipeline in trench LF 20 35 12-inch diameter PVC pipeline in trench LF 3857 36 10-inch diameter PVC pipeline in trench LF 3145 37 8-inch diameter PVC pipeline in trench LF 827 38 6-inch diameter PVC pipeline in trench LF 2718 39 4-inch diameter PVC pipeline in trench LF 206 40 12-inch diameter ductile iron pipeline LF 150 41a Microtunnel Crossing (including pressure pipe and casing) LS 1 41b Railroad Crossing (including pressure pipe and casing) LS 1 42 Pipeline Blow-off Assemblies EA 12 43 Pipeline Combination Air Valves EA 20 44 Pipeline Butterfly Valves EA 6 45 Pipeline Gate Valves EA 10 46 Meters and Service Lines EA 13 47 Pedestrian Bridge LS 1 48 Startup and Commissioning (per Specification Section 01756) - Distribution System LS 1 49 All other Work - Distribution System LS 1 50 Demobilization LS 1 TOTAL BID ==>> $
AD4AD5
ITEM
# DESCRIPTION UOM QTY UNIT PRICE TOTAL 1 Mobilization LS 1 2 Traffic Control LS 1 3 Temporary Facilities and Controls (per Section 01500) LS 1
RECYCLED WATER PROJECT – PHASE 4 50 Spec. No. 23-01
July 12, 2023 - CONFORMED
4 Temporary Excavation Support - WWTP LS 1 5 Dewatering - WWTP LS 1 6 Dechlorination Structure (Area 60) LS 1 7 Buried Sludge Piping LS 1 8 Packaged Water Treatment System Rehabilitation (per Specification Section 11802) (Area 85) 8a Scope of Supply provided by WesTech LS 1
8b.1 Tank Coating (per Specification Section 09960) SF 10,000 8b.2 Type II Corrosion Remediation (per drawing 85S01) SF 200 8b.3 Type III Corrosion Remediation (per drawing 85S01) SF 200 8c Rotary-Lobe Blowers (per Specification Section 11376A) LS 1 8d Coagulant Feed Pump (per Specification Section 11242) LS 1 8e Rapid Mix Pump (per Specification Section 11312O) LS 1 8f All other Work associated with Area 85 LS 1
9 Backwash Pump Station (Area 87) LS 1
10 Carousel Pump Station (Area 89) LS 1 11 PAU Pump Station (Area 91) LS 1 12a PAU Excavation CY 40,000 12b PAU Embankment LS 1
13 PAU Concrete Liner and Inlets LS 1 14 Yard Piping - WWTP LS 1 15 Electrical Work - WWTP 15a 12 kV Work LS 1 15b Electrical Ductbanks LS 1 15b All other Electrical Work LS 1 16 Instrumentation & Controls Work - WWTP LS 1 17 Startup and Commissioning (per Specification LS 1
RECYCLED WATER PROJECT – PHASE 4 51 Spec. No. 23-01
July 12, 2023 - CONFORMED
Section 01756) - WWTP
18 All other Work - WWTP LS 1 19 Temporary Excavation Support - WTP LS 1 20 Dewatering - WTP LS 1 21 Recycled Water Storage Tank (per Specification Section 13207) LS 1 22 Recycled Water Pump Station LS 1 23 WTP Excavations and Embankments LS 1 24 WTP Yard Piping LS 1 25 21” Sewer Replacement LS 1 26 Concrete Manholes EA 3 27 Electrical Work - WTP LS 1 27a Recycled Water Pump Station Electrical Buildin
g
LS 1
27b Other Miscellaneous Electrical Work - WTP LS 1
28 Instrumentation and Controls Work - WTP LS 1 29 Startup and Commissioning (per Specification Section 01756) - WTP LS 1 30 All other Work - WTP LS 1 31 Temporary Excavation Support - Distribution S
ystem LS 1
32 Dewatering - Distribution System LS 1 33 18-inch diameter PVC pipeline in trench LF 3781 34 16-inch diameter PVC pipeline in trench LF 20 35 12-inch diameter PVC pipeline in trench LF 3857 36 10-inch diameter PVC pipeline in trench LF 3145 37 8-inch diameter PVC pipeline in trench LF 827 38 6-inch diameter PVC pipeline in trench LF 2718 39 4-inch diameter PVC pipeline in trench LF 206 40 12-inch diameter ductile iron pipeline LF 150
RECYCLED WATER PROJECT – PHASE 4 52 Spec. No. 23-01
July 12, 2023 - CONFORMED
41a Microtunnel Crossing (including pressure pipe and casing) LS 1 41b Railroad Crossing (including pressure pipe and casing) LS 1 42 Pipeline Blow-off Assemblies EA 12 43 Pipeline Combination Air Valves EA 20 44 Pipeline Butterfly Valves EA 6 45 Pipeline Gate Valves EA 10 46 Meters and Service Lines EA 13 47 Pedestrian Bridge LS 1 48 Startup and Commissioning (per Specification Section 01756) - Distribution System LS 1 49 All other Work - Distribution System LS 1 50 Demobilization LS 1 TOTAL BASE BID ==>> $
ALTERNATE PRICE FOR LINE 12a OF BASE BID AS PER ADDENDUM 5 ITEM
# DESCRIPTION UOM QTY UNIT PRICE TOTAL 1 PAU Excavation to onsite location as per Addendum 5. CY 40,000 AD5
!"
#$%&'
('
)*+,+-*./012*3/4516*/7 EXISTING POND TO BE EXCAVATED MATERIAL DUMP AREA APPROX. 20 ACRES TRAVEL ROUTE APPROX 800 FT AD5
RECYCLED WATER PROJECT – PHASE 4 53 Spec. No. 23-01
July 12, 2023 - CONFORMED
RECYCLED WATER PROJECT – PHASE 4 54 Spec. No. 23-01
July 12, 2023 - CONFORMED
We, the undersigned, acknowledge that the City Council has reserved the right to reject any or all bids and to determine which proposal is, in its opinion, the lowest responsive bid from a responsible bidder and that which it deems in the best interest of the City to accept. We, the undersigned, further agree, if this proposal shall be accepted, to sign the agreement and to furnish the required bonds with satisfactory surety, or sureties, within fifteen (15) calendar days after written notice that the contract is ready for signature; and, if the undersigned shall fail to contract, as aforesaid, it shall be understood that he or she has abandoned the contract and that, therefore, this proposal shall be null and void and the proposal guaranty accompanying this proposal, or the amount of said guaranty, shall be forfeited to and become the property of the City. Otherwise, the proposal guaranty accompanying this proposal shall be returned to the undersigned.
Witness our hands this day of ___________________, 20____.
Licensed in accordance with an act providing for the registration of California Contractors License No. ___________, expiration date _____________.
THE CONTRACTOR'S LICENSE NUMBER AND EXPIRATION DATE STATED HEREIN ARE MADE UNDER PENALTY OF PERJURY.
Department of Industrial Relations Public Works Contractor Registration Number:_____________________ Signature of bidder or bidders, with business name, address, phone number and fax number:
_________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Notice: In the case of a corporation, give below the addresses of the principal office thereof and names and addresses of the President, Secretary, Treasurer.
_________________________________________________________________ _________________________________________________________________ _________________________________________________________________
RECYCLED WATER PROJECT – PHASE 4 55 Spec. No. 23-01
July 12, 2023 - CONFORMED
RECYCLED WATER PROJECT – PHASE 4 56 Spec. No. 23-01
July 12, 2023 - CONFORMED
FAIR EMPLOYMENT PRACTICES CERTIFICATION
TO:_____________________________________________________________ ________________________________________________________________ The undersigned, in submitting a bid for performing the following work by Contract, hereby certifies that he or she has or will meet the standards of affirmative compliance with the Fair Employment Practices requirements of the Special Provisions contained herein.
RECYCLED WATER PROJECT – PHASE 4
________________________________________________________________ (Signature of Bidder)
Business Mailing Address:
_________________________________________________
_________________________________________________
_________________________________________________
Business Location:
_________________________________________________
_________________________________________________
(The bidder shall execute the certification of this page prior to submitting his or her proposal.)
RECYCLED WATER PROJECT – PHASE 4 57 Spec. No. 23-01
July 12, 2023 - CONFORMED
RECYCLED WATER PROJECT – PHASE 4 58 Spec. No. 23-01
July 12, 2023 - CONFORMED
WORKER'S COMPENSATION CERTIFICATE
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 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.
Witness my hand this________ day of _______________, 2023 Signature of Bidder, with Business Address:
__________________________________________________
__________________________________________________
__________________________________________________
__________________________________________________
RECYCLED WATER PROJECT – PHASE 4 59 Spec. No. 23-01
July 12, 2023 - CONFORMED
RECYCLED WATER PROJECT – PHASE 4 60 Spec. No. 23-01
July 12, 2023 - CONFORMED
CERTIFICATION OF NONDISCRIMINATION IN EMPLOYMENT
The bidder represents that he or she has/has not, participated in a previous contract or subcontract subject to either the equal opportunity clause herein or the clause contained in Section 301 of Executive Order 10925; that he or she has/has not, filed all required compliance reports; and that representations indicating submission of required compliance prior to subcontract awards.
Signature and address of Bidder:
__________________________________________________ Date_____________ __________________________________________________
__________________________________________________
__________________________________________________
(This certification shall be executed by the bidder in accordance with Section 60-1.6 of the Regulations of the President's Committee on Equal Employment Opportunity for implementing Executive Orders 10925 and 11114.)
RECYCLED WATER PROJECT – PHASE 4 61 Spec. No. 23-01
July 12, 2023 - CONFORMED
RECYCLED WATER PROJECT – PHASE 4 62 Spec. No. 23-01
July 12, 2023 - CONFORMED
LIST OF PROPOSED SUBCONTRACTORS
In compliance with the provisions of Sections 4100-4108 of the California Public Contract Code and any amendments thereof, each bidder shall set forth (a) the name and location of the place of business of each subcontractor who will perform work or labor or render service in or about the construction site 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 1 percent of the total bid and (b) the California Contractor License Number for each subcontractor, and (c) the portion of the work to be done by each subcontractor.(See General Conditions Section 1-09.) Include with the name of each sub-contractor their Department of Industrial Relations Public Works Contractor Registration Number.
SUBCONTRACTOR NAME SUBCONTRACTOR LICENSE NUMBER SUBCONTRACTOR DIR REGISTRATION NUMBER SUBCONTRACTOR BUSINESS ADDRESS DESCRIPTION OF WORK
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July 12, 2023 - CONFORMED
RECYCLED WATER PROJECT – PHASE 4 64 Spec. No. 23-01
July 12, 2023 - CONFORMED
STATEMENT OF EXPERIENCE OF BIDDER
The bidder is required to state below what work of similar magnitude or character he or she has done and to give references that will enable the City Council to judge of his or her experience, skill and business standing and his or her ability to conduct work as completely and rapidly as required under the terms of the contract. ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________
RECYCLED WATER PROJECT – PHASE 4 65 Spec. No. 23-01
July 12, 2023 - CONFORMED
RECYCLED WATER PROJECT – PHASE 4 66 Spec. No. 23-01
July 12, 2023 - CONFORMED
SIGNATURE(S) OF BIDDER
Accompanying this proposal is ___________________________________ (insert the words "cash ($)", "cashier's check" or "bidder's bond", as the case may be) in an amount equal to at least 10 percent of the bid.
The names of all persons interested in the foregoing proposal as principals are as follows:
IMPORTANT NOTICE: If bidder or other interested person is a corporation, provide the legal name of corporation and also the names of the president, secretary, treasurer and manager thereof. If a co-partnership, provide the true name of firm and also the names of all individual co-partners composing the firm. If bidder or other interested person is an individual, provide the first and last names in full. _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Licensed in accordance with an act providing for the registration of Contractors:
License No. ______________________________, License Expiration Date .
Signature(s) of Bidder: ______________________________________________ ______________________________________________
______________________________________________
NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation; if bidder is a co-partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts in behalf of the co-partnership; and if bidder is an individual, his or her signature shall be placed above. If a member of a partnership, a Power of Attorney must be on file with the Department prior to opening bids or submitted with the bid; otherwise, the bid will be disregarded as irregular and unauthorized.
Business address: ___________________________________________________ ___________________________________________________
Place of residence: ___________________________________________________ ___________________________________________________
Dated: __________________
RECYCLED WATER PROJECT – PHASE 4 67 Spec. No. 23-01
July 12, 2023 - CONFORMED
RECYCLED WATER PROJECT – PHASE 4 68 Spec. No. 23-01
July 12, 2023 - CONFORMED
CITY OF UKIAH
Mendocino County, California
BIDDER'S BOND
KNOW ALL MEN BY THESE PRESENTS,
That we, ______________________________________________________________ ________________________________________________________________, as PRINCIPAL and ________________________________________________________________ ________________________________________________________________, as SURETY, are held and firmly bound unto the City of Ukiah in the penal sum of 10 PERCENT OF THE TOTAL AMOUNT OF THE BID of the Principal above named, submitted by said Principal to the City of Ukiah, as the case may be, for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, to the City Clerk to which said bid was submitted, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. In no case shall the liability of the surety hereunder exceed the sum of $____________________
THE CONDITION OF THIS OBLIGATION IS SUCH,
That whereas the Principal has submitted the above mentioned bid to the City of Ukiah, as aforesaid, for certain construction specifically described as follows, for which bids are to be opened at the Office of the City Clerk, Ukiah Civic Center, Ukiah, California, at 2:00p.m. on JUNE 20, 2023 for RECYCLED WATER PROJECT - PHASE 4.
NOW, THEREFORE, If the aforesaid Principal is awarded the contract and, within the time and manner required under the specifications, after the prescribed forms are presented to him or her for signatures, enters into a written contract, in the prescribed form, in accordance with the bid and files two bonds with the City of Ukiah, one to guarantee faithful performance and the other to guarantee payment for labor and materials, as required by law, then this obligation shall be null and void; otherwise, it shall be and remain in full force and virtue.
IN WITNESS WHEREOF, we have hereunto set our hands and seals on this ______ day of ________________, A.D. 20_____.
__________________________________________________(Seal) __________________________________________________(Seal) __________________________________________________(Seal) Principal
__________________________________________________(Seal) __________________________________________________(Seal) __________________________________________________(Seal) Surety
Address: __________________________________________________________ __________________________________________________________ __________________________________________________________AD2
RECYCLED WATER PROJECT – PHASE 4 69 Spec. No. 23-01
July 12, 2023 - CONFORMED
CITY OF UKIAH
Mendocino County, California
BIDDER'S BOND
KNOW ALL MEN BY THESE PRESENTS,
That we, ______________________________________________________________ ________________________________________________________________, as PRINCIPAL and ________________________________________________________________ ________________________________________________________________, as SURETY, are held and firmly bound unto the City of Ukiah in the penal sum of 10 PERCENT OF THE TOTAL AMOUNT OF THE BID of the Principal above named, submitted by said Principal to the City of Ukiah, as the case may be, for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, to the City Clerk to which said bid was submitted, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. In no case shall the liability of the surety hereunder exceed the sum of $____________________
THE CONDITION OF THIS OBLIGATION IS SUCH,
That whereas the Principal has submitted the above mentioned bid to the City of Ukiah, as aforesaid, for certain construction specifically described as follows, for which bids are to be opened at the Office of the City Clerk, Ukiah Civic Center, Ukiah, California, on JUNE 2JUNE 14AD1, 2023 for RECYCLED WATER PROJECT - PHASE
4. NOW, THEREFORE, If the aforesaid Principal is awarded the contract and, within the time and manner required under the specifications, after the prescribed forms are presented to him or her for signatures, enters into a written contract, in the prescribed form, in accordance with the bid and files two bonds with the City of Ukiah, one to guarantee faithful performance and the other to guarantee payment for labor and materials, as required by law, then this obligation shall be null and void; otherwise, it shall be and remain in full force and virtue.
IN WITNESS WHEREOF, we have hereunto set our hands and seals on this ______ day of ________________, A.D. 20_____.
__________________________________________________(Seal) __________________________________________________(Seal) __________________________________________________(Seal) Principal
__________________________________________________(Seal) __________________________________________________(Seal) __________________________________________________(Seal) Surety
Address: __________________________________________________________ __________________________________________________________ __________________________________________________________AD2
RECYCLED WATER PROJECT – PHASE 4 70 Spec. No. 23-01
July 12, 2023 - CONFORMED
RECYCLED WATER PROJECT – PHASE 4 71 Spec. No. 23-01
July 12, 2023 - CONFORMED
NON-COLLUSION AFFIDAVIT
Note: Bidder shall execute the affidavit on this page prior to submitting his or her bid.
To City Council, City of Ukiah:
The undersigned in submitting a bid for performing RECYCLED WATER PROJECT – PHASE 4 by contract, being duly sworn, deposes and says:
that he or she has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such contract.
__________________________________________________
__________________________________________________
__________________________________________________
Signature(s) of Bidder
Business Address:__________________________________________________ __________________________________________________
__________________________________________________
Place of Residence:__________________________________________________ __________________________________________________
__________________________________________________
NOTARIZATION
Subscribed and sworn to before me this ______ day of _________, 20____. __________________________________________________
Notary Public in and for the County of______________________________, State of California.
My Commission Expires ________________________, 20 ____.
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July 12, 2023 - CONFORMED
RECYCLED WATER PROJECT – PHASE 4 73 Spec. No. 23-01
July 12, 2023 - CONFORMED
RECYCLED WATER PROJECT – PHASE 4 74 Spec. No. 23-01
July 12, 2023 - CONFORMED
CITY OF UKIAH
Mendocino County, California
AGREEMENT
FOR
RECYCLED WATER PROJECT – PHASE 4
Specification No. 23-01
THIS AGREEMENT, made this ______ day of ___________________, 20____, by and between the City of Ukiah, Mendocino County, California, hereinafter called the City and _______________________ hereinafter called the Contractor,
WITNESSETH:
WHEREAS, the City has caused to be prepared in accordance with law, specifications, drawings and other contract documents for the work herein described and shown and has approved and adopted these contract documents, specifications and drawings and has caused to be published in the manner and for the time required by law a notice to bidders inviting sealed proposals for doing the work in accordance with the terms of this contract and
WHEREAS, the Contractor, in response to the notice to bidders, has submitted to the City a sealed proposal accompanied by a proposal guaranty in an amount of not less than 10 percent of the bid price for the construction of the proposed work in accordance with the terms of this contract and WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined and canvassed the proposals submitted and as a result has determined and declared the Contractor to be the lowest and best regular responsible bidder for the work and for the sums named in the proposal, NOW, THEREFORE, THIS AGREEMENT WITNESSETH:
Article 1. Work to be Done and Contract Days Allowed.
That the Contractor shall provide all necessary machinery, tools, apparatus and other means of construction; shall furnish all materials, superintendence, overhead, expenses, all labor and expenses of whatever nature necessary for completion of the work in conformity with the Special Provisions and other contract documents hereto attached and according to such instructions as may be given by the Engineer. The Contractor shall complete the work within seven hundred and seven (707) calendar days. Contract days shall be counted starting with the 10th day following receipt of notice that the contract has been executed by the City. Contractor, at his or her option, may begin work prior to start of counting contract days, however, in no event shall the Contractor start work without giving notification to the Engineer at least 72 hours prior to the start of work, without obtaining an encroachment permit from the City, or without having submitted certificates of insurance that have been accepted and approved by the Engineer
Article II. Contract Prices.
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July 12, 2023 - CONFORMED
That the City shall pay the Contractor the prices stated in the proposal submitted by the Contractor, for complete performance of the contract by the Contractor. The Contractor hereby agrees to accept the prices as full compensation for all material and appliances necessary to the work, for all labor and use of tools and other implements necessary to execute the work contemplated in this contract; for all loss or damage arising out of the nature of the work or from the action of the elements, or from any unforeseen obstructions or difficulties which may be encountered in the prosecution of the work; for all risks of every description connected therewith; for all expenses of the work, as herein specified; for all liability and other insurance, for all overhead and other expenses incident to the work; all according to the Contract Drawings, the Special Provisions, the Details, the instructions and the requirements of the City.
Article III. Labor Discrimination.
Attention is directed to Section 1735 of the Labor Code, which reads as follows:
"No discrimination shall be made in the employment of persons upon public works because of the race, color, national origin or ancestry, or religion of such persons and every contractor for public works violating this section is subject to all the penalties imposed for a violation of this chapter." In connection with the performance of work under this contract, the Contractor agrees as follows:
(a) The Contractor will not willfully discriminate against any employee or an applicant for employment because of race, color, religion, ancestry, or national origin. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, ancestry, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the awarding authority setting forth the provisions of this Fair Employment Practice section. (b) The Contractor will send to each labor union or representative of workers with which he or she has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the awarding authority, advising the said labor union or worker's representative of the Contractor's commitments under this section, to employees and applicants for employment. (c) The Contractor will permit access to his or her records of employment, employment advertisements, application forms and other pertinent data and records by the Fair Employment Practices Commission, City of Ukiah or any other appropriate agency of the State of California designated by the awarding authority, for the purposes of investigation to ascertain compliance with the Fair Employment Practices section of this contract. (d) A finding of willful violation of the Fair Employment Practices section of this Contract or of the Fair Employment Practices Act shall be regarded by the awarding authority as a basis for determining the Contractor to be not a "responsible bidder" as to future contracts for which such Contractor may submit bids, for revoking the Contractor's pre-qualification rating, if any and for refusing to establish, reestablish or renew a pre-qualification rating for the Contractor.
The City of Ukiah shall deem a finding of willful receipt of written notice from the Fair Employment Practices Act to have occurred upon that it has investigated and determined that the Contractor has violated the Fair Employment Practices Act and has issued an order under Labor Code Section 1426 or obtained an injunction under Labor Code Section 1429.
Upon receipt of such written notice from the Fair Employment Practices Commission, the City shall notify the Contractor that unless he or she demonstrates to the satisfaction of the awarding
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authority within a stated period that the violation has been corrected, his or her pre-qualification rating will be revoked at the expiration of such period. (e) The Contractor agrees that should the City determine that the Contractor has not complied with the Fair Employment Practices section of this Contract, then pursuant to Labor Code Section 1735 and 1775 the Contractor shall, as a penalty to the City, forfeit for each calendar day or portion thereof, for each person who was denied employment as a result of such non-compliance, the penalties provided in the Labor Code for violation of prevailing wage rates. Such monies may be recovered from the Contractor. The City may deduct any such damages from any monies due the Contractor. (f) Nothing contained in this Fair Employment Practices section shall be construed in any manner of fashion so as to prevent the City or the State of California from pursuing any other remedies that may be available at law.
(g) Prior to awarding the Contract, the Contractor shall certify to the awarding authority that he or she has or will meet the following standards for affirmative compliance, which shall be evaluated in each case by the awarding authority:
(1) The Contractor shall provide evidence, as required by the City that he or she has notified all supervisors, foremen and other personnel officers in writing of the content of the anti-discrimination clause and their responsibilities under it.
(2) The Contractor shall provide evidence, as required by the City, that he or she has notified all sources of employees’ referrals (including unions, employment agencies, advertisements, Department of Employment) of the content of the anti-discrimination clause. (3) The Contractor shall file a basic compliance report, as required by the City. Willfully false statements made in such reports shall be punishable as provided by law. The compliance report shall also spell out the sources of the work force and who has the responsibility for determining whom to hire, or whether or not to hire.
(4) Personally, or through his or her representatives, the Contractor shall, through negotiations with the unions with whom he or she has agreements, attempt to develop an agreement which will:
a. Spell out responsibilities for nondiscrimination in hiring, referral, upgrading and training. b. Otherwise implement an affirmative anti-discrimination program in terms of the unions' specific areas of skill and geography to the end that qualified minority workers will be available and given and equal opportunity for employment.
(5) The Contractor shall notify the City of opposition to the anti-discrimination clause by individuals, firms or organizations during the period of its pre-qualification. (h) The Contractor will include the provisions of the foregoing paragraphs 1 through 5 in every first tier subcontract so that such provisions will be binding upon each such subcontractor. (i) The "Fair Employment Practices Certification" must be completed and signed prior to the time of submitting the bid.
Article IV. Parts of the Contract.
That the complete contract consists of the following documents, all of which shall be considered a part of this agreement.
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July 12, 2023 - CONFORMED
1. Notice to Bidders
2. Wage Rates
3. General Conditions
4. Technical Specifications
5. Proposal
6. Fair Employment Practices Certification
7. Agreement
8. Performance Bond
9. Payment Bond
10. Special Provisions
11. Contract Drawings and Construction Details
12. Standard Drawings
13. Indemnification Agreement
14. Addenda (numbers [ ] to [ ], inclusive)
15. Exhibits to this Agreement:
a. List of Proposed Subcontractors
b. Non-Collusion Affidavit
c. Bidding Schedule
d. Statement of Experience of Bidder
e. Signatures of Bidder
f. Worker’s Compensation Certificate
g. Certification of Nondiscrimination in Employment
h. List of Equipment Manufacturers
i. Escrow Agreement for Security Deposits in Lieu of Retention
16. Notice to Proceed
17. Change Orders
18. Field Orders
19. Work Change Directives
IN WITNESS WHEREOF, this contract being executed in duplicate and the parties having caused their names to be signed by authority of their duly authorized office this _____ day of _____________, 20____.
CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA
By: ______________________________________________________________
CITY MANAGER, CITY OF UKIAH
Attest: ______________________________________________________________
CITY CLERK, CITY OF UKIAH
By: ______________________________________________________________
CONTRACTOR
Attest: ______________________________________________________________ Title: ______________________________________________________________ The foregoing contract is approved as to form and legality this ______ day of ______________, 20 ____.
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July 12, 2023 - CONFORMED
__________________________________________________
CITY ATTORNEY, CITY OF UKIAH
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July 12, 2023 - CONFORMED
RECYCLED WATER PROJECT – PHASE 4 80 Spec. No. 23-01
July 12, 2023 - CONFORMED
INDEMNIFICATION AGREEMENT
This Indemnification Agreement is made and entered in Ukiah, California, on _________________, 20____, by and between the City of Ukiah (Ukiah) and ______________________________________ (Contractor).
Contractor is
_________________________________________________________________________________ ___________________________________________ for Ukiah.
As a condition of issuing the work order, attached hereto, Ukiah requires assurance that Contractor will protect Ukiah from damage or damage claims which arise from its performance of the work.
Accordingly, Contractor agrees as follows:
1. Indemnification. Contractor shall indemnify and hold harmless Ukiah and its officers, agents, and employees from and against any claim, loss, or damage, including the legal and other costs of defending against any claim of damage or loss which arises out of the Contractor’s negligent or wrongful performance under the work order attached hereto, except for claims, losses, or damages resulting from the sole and exclusive negligence or other wrongful conduct of Ukiah or its officers, agents and employees.
CONTRACTOR
BY: _______________________________________________
TITLE: _______________________________________________
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July 12, 2023 - CONFORMED
RECYCLED WATER PROJECT – PHASE 4 82 Spec. No. 23-01
July 12, 2023 - CONFORMED
CITY OF UKIAH
Mendocino County, California
PERFORMANCE BOND
BOND No._____________________
KNOW ALL PERSONS BY THESE PREESNTS:
THAT WHEREAS, the City of Ukiah, organized and operating under the laws of the State of California, (hereinafter referred to as the “City”) has awarded to ______________________________, (hereinafter referred to as the “Contractor”) an agreement for Contract No. _______________ (hereinafter referred to as the “Project”).
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract for the Project dated _______________________, (hereinafter referred to, together with all attachments and exhibits thereto, as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by the 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 firmly bound until the City in the sum of ______________________________ ($_________________), 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; and shall indemnify and save harmless the City, its officials, officers, employees, and authorized volunteers, 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 part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorneys’ fees, incurred by the City in enforcing such obligation.
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 the 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. 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 Documents, 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:
i. Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
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July 12, 2023 - CONFORMED
ii. 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. iii. Permit the City to complete the Project in any manner consistent with California 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 by the City 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 obligation 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. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
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July 12, 2023 - CONFORMED
IN WITNESS WHEREOF, we have hereunto set our hands and seals this ____ day of ___________________, 2022.
(Corporate Seal) ________________________________
Contractor/Principal
By______________________________
Title_____________________________
(Corporate Seal) _________________________________
Surety
By_______________________________
Attorney-in-Fact
(Attach Attorney-in Fact Certificate) Title______________________________ The rate of premium on this bond is __________________ per thousand. The total amount of premium charges is $_________________________.
(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) ________________________________
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July 12, 2023 - CONFORMED
(Telephone number of Surety and Agent _______________________________ or Representative for service of process in California)
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July 12, 2023 - CONFORMED
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July 12, 2023 - CONFORMED
CITY OF UKIAH
Mendocino County, California
PAYMENT BOND
BOND No. ____________________
KNOW ALL PERSONS BY THESE PRESENTS:
WHEREAS, the City of Ukiah (“City”) has awarded to _______________________ (“Contractor/Principal”) a contract (City Agreement No. _____________, dated _________________, ___________, referred to as the “Agreement”) for the work described as _______________________. The Agreement is incorporated by this reference into this Payment Bond (“Bond”); and
WHEREAS, Contractor/Principal is required to furnish a bond in connection with the Agreement and pursuant to California Civil Code section 9550;
NOW, THEREFORE, we ____________________________________________, the undersigned Contractor/Principal, and _____________________ (“Surety”), a corporation organized and existing under the laws of the State of _____________________, and duly authorized to transact business under the laws of the State of California, as Surety, are held firmly bound until the City, and to any and all persons, companies, or corporations entitled by law to file stop payment notices under California Civil Code Section 9100, or any person, company, or corporation entitled to make a claim on this bond, in the sum of $_________________________, for which payment will and truly 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 Contractor/Principal, its heirs, executors, administrators, successors, or assigns, or subcontractor, shall fail to pay any person or persons named in Civil Code section 9100; or 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 for amounts due under the Unemployment Insurance Code, with respect to work or labor thereon of any kind; or shall fail to deduct, withhold, and pay over to the Employment Development Department, any amounts required to be deducted, withheld, and paid over by Unemployment Insurance Code Section 13020 with respect to work and labor thereon of any kind, then Surety will pay for the same, in an amount not exceeding the amount herein above set forth, and in the event suit is brought upon this bond, also will pay such reasonable attorneys’ fees as shall be fixed by the court, awarded and taxed as provided in California Civil Code Section 9550, et seq.
It is further stipulated and agreed that the Surety of this bond shall not be exonerated or released from the obligation of the bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, or 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 therefor; nor by any change or modification of any terms of payment or extension of time for payment pertaining or relating to any scheme or work of improvement herein above described; nor by any rescissions 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 give; and under no circumstances shall the Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the Owner and Contractor/Principal or on the part of any oblige named in such bond; that the sole condition of recovery shall be that the claimant is a person described in California Civil Code section 9100, and who has not been paid the full amount of his or her claim; and that the Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned, including but not limited to the provisions of section 2819 and 2845 of the California Civil Code.
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July 12, 2023 - CONFORMED
Any notice to Surety may be given in the manner specified in the Agreement and delivered or transmitted to Surety as follows:
Attn:__________________________________________
Address:_______________________________________
City/State/Zip:___________________________________
Phone:_________________________________________
Fax:___________________________________________
Email:__________________________________________
IN WITNESS WHEREO, two identical counterparts of this Bond, each of which shall for all purposes be deemed an original thereof, have been duly executed by Contractor/Principal and Surety above named, on the __ day of ____________________, 202__.
__________________________________ (SEAL)
Contractor/Principal
By_____________________________________
Contractor’s Representative
______________________________________
Contractor/Principal’s Address
______________________________________
City,State,Zip
_________________________________(SEAL)
Surety
By_____________________________________
Surety’s Representative
______________________________________
Surety’s Address
______________________________________
City,State,Zip
______________________________________
Telephone Number
NOTE: Signatures of those executing for Surety must be properly acknowledged, the bond must be accompanied by a properly acknowledged Power of Attorney from the Surety authorizing its agent to bind it to this bond. A copy of such Power of Attorney must be in file with the City.
RECYCLED WATER PROJECT – PHASE 4 89 Spec. No. 23-01
July 12, 2023 - CONFORMED
DIRECTIONS FOR PREPARATION OF PERFORMANCE AND MATERIAL AND LABOR BOND
1. Individual sureties, partnerships, or corporations not in the surety business will not be acceptable.
2. The name of the Principal shall be shown exactly as it appears in the Contract.
3. The penal sum shall not be less than required by the Specifications.
4. If the Principals are partners or joint venturers, each member shall execute the bond as an individual and state his place of residence.
5. If the Principal is a corporation, the bond shall be executed under its corporate seal.
If the corporation has no corporate seal, it shall so state and affix a scroll or adhesive seal following the corporate name.
6. The official character and authority of the person(s) executing the bond for the Principal, if a corporation, shall be certified by the Secretary or Assistant Secretary thereof under the corporate seal, or copies attached to such records of the corporation as will evidence the official character and authority of the officer signing, duly certified by the Secretary or Assistant Secretary, under the corporate seal, to be true copies.
7. The current power-of-attorney of the person signing for the surety company must be attached to the bond.
8. The date of the bond must not be prior to the date of the Contract.
9. The following information must be placed on the bond by the surety company:
a. The rate of premium in dollars per thousand; and
b. The total dollar amount of premium charged.
10. The signature of a witness shall appear in the appropriate place attending to the signature of each party of the bond.
11. Type or print the name underneath each signature appearing on the bond.
12. An executed copy of the bond must be attached to each copy of the Contract (original counterpart) intended for signing.
RECYCLED WATER PROJECT – PHASE 4 90 Spec. No. 23-01
July 12, 2023 - CONFORMED
RECYCLED WATER PROJECT – PHASE 4 91 Spec. No. 23-01
July 12, 2023 - CONFORMED
CITY OF UKIAH
Mendocino County, California
DEFECTIVE MATERIAL AND WORKMANSHIP (MAINTENANCE) BOND
KNOW ALL MEN BY THESE PRESENTS,
That we, _____________________________________________________________________ __________________________________________________________________, as PRINCIPAL and__________________________________________________________________________ ___________________________________________________________________, as SURETY, are held and firmly bound unto the City of Ukiah as Obligee, in the penal sum of ___________________________________________________________________________________ _________________________________________________________($____________________), (5 PERCENT OF THE FINAL CONTRACT AMOUNT)
to which payment well and truly to be made, we do bind ourselves, our and each of our heirs, executors, administrators’ successors and assigns jointly and severally, firmly by these presents.
WHEREAS, the said Principal entered into a Contract with the City of Ukiah dated_________________________
for _________________________________________________________________________________ ____________________________________________________________________________________ WHEREAS, said Contract has been completed, and was approved on the ______ day of ___________, _________,
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall guarantee that the work will be free of any defective materials or workmanship which become apparent during the period of one (1) year following completion of the Contract, then this obligation shall be void, otherwise to remain in full force and effect, provided however, any additional warranty or guarantee whether expressed or implied is extended by the Principal or Manufacturer only, and the surety assumes no liability for such a guarantee.
Signed, sealed, and dated this __________ day of ____________, 20_____. __________________________________________________(Seal) BY:_______________________________________________(Seal) __________________________________________________(Seal) Principal
__________________________________________________(Seal) BY:_______________________________________________(Seal) __________________________________________________(Seal) Surety
RECYCLED WATER PROJECT – PHASE 4 92 Spec. No. 23-01
July 12, 2023 - CONFORMED
AD2 Addendum No. 2
AD1 Addendum No. 1
AD5 Addendum No. 5
AD4 Addendum No. 4
AD3 Addendum No. 3
List of Equipment Manufacturers
00436-1 8660F10 July 12, 2023 - CONFORMED
pw://Carollo/Documents/Client/CA/Ukiah/8660F10/Specifications/New Scope/00436 (CONFORMED) DOCUMENT 00436
LIST OF EQUIPMENT MANUFACTURERS
ARTICLE 1 — SELECTED MANUFACTURER/SUPPLIER
1.01 Bidder shall edit Table 1. List of Selected Equipment Manufacturers by circling the manufacturer or supplier that will furnish the respective item of equipment for the Work.
1.02 If Bidder fails to circle a manufacturer or supplier for each piece of equipment identified, the Bidder shall provide the first listed (“A”) manufacturer or supplier for its Bid at no increase in the Contract amount or may be cause for rejection of the Bid.
1.03 Acceptance of a manufacturer or supplier listed by the Bidder shall not constitute a waiver of any provision of the Contract Documents.
Table 1. List of Selected Equipment Manufacturers:
Section Equipment Manufacturer/Supplier
11242 Liquid Chemical Diaphragm-Type
Metering Pumps A. Prominent Fluid Controls, Inc.
11294B Heavy-Duty Fabricated Stainless Steel
Slide Gates
A. A. H. Fontaine, Series 20.
B. Whipps, Inc., Series 900.
C. Waterman Industries, SS-250.
D. Rodney Hunt, Series A-113 or A-114.
E. Hydro Gate, Model HG-561.
RW Gate, Model RW1000-S.
11312D Vertical Turbine Short Setting
Centrifugal Pumps
A. Flowserve.
B. Sulzer/Johnson Pumps.
C. Peerless Pump.
D. Weir/Floway.
E. National Pump Co.
F. Cascade Pump Company.
11312O Horizontal ANSI Centrifugal Pumps A. Flowserve Co.
B. ITT, Ind.
11313E Horizontal Self-Priming Sample
Centrifugal Pumps
A. Gorman Rupp Company, AMT.
B. Barnes Pumps.
11376A Rotary-Lobe Blowers
A. Kaeser Compressors, Com-paK
Series.
B. Aerzen.
C. FPZ Inc.
List of Equipment Manufacturers
00436-2 8660F10 July 12, 2023 - CONFORMED
pw://Carollo/Documents/Client/CA/Ukiah/8660F10/Specifications/New Scope/00436 (CONFORMED) Section Equipment Manufacturer/Supplier
13447 Electric Actuators
A. Rotork Controls Inc.
B. Limitorque Corp.
C. Auma.
16262 Variable Frequency Drives 0.50 -
50 Horsepower
A. Eaton.
B. Allen-Bradley.
C. Siemens-Robicon.
D. Schneider Electric.
E. GE by ABB.
F. ABB.
BIDDER
(Signature)
(Date)
END OF DOCUMENT
Escrow Agreement for Security Deposits in Lieu of Retention 00602-1 8660F10 July 12, 2023 - CONFORMED
pw://Carollo/Documents/Client/CA/Ukiah/8660F10/Specifications/New Scope/00602 (CONFORMED) DOCUMENT 00602
ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This escrow agreement is made and entered into by and between whose address is hereinafter called “Owner,”
whose address is hereinafter called “Contractor,” and
whose address is
hereinafter called “Escrow Agent.”
For the consideration hereinafter set forth, Owner, Contractor, and Escrow Agent agree as follows:
1. In accordance with California Public Contract Code, Section 22300, the Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by Owner pursuant to the construction contract entered into between Owner and Contractor for ___________________________ in the amount of ___________________ dated _______________ (hereafter referred to as the "contract"). Alternatively, on written request of Contractor, Owner shall make payments of the retention earnings directly to Escrow Agent. When Contractor deposits the securities as a substitute for the contract earnings, Escrow Agent shall notify Owner within 10 days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the contract between Owner and Contractor. Securities shall be held in the name of the ______________ and shall designate Contractor as the beneficial owner.
2. Owner shall make progress payments to Contractor for those funds which otherwise would be withheld from progress payments pursuant to the contract provision, provided that Escrow Agent holds securities in the form and amount specified above.
3. When Owner makes payment of retentions earned directly to Escrow Agent, Escrow Agent shall hold them for the benefit of Contractor until such time as the escrow created under this contract is terminated. Contractor may direct the investment of the payments into securities. All terms and conditions of this Agreement and the rights and responsibilities of the parties shall be equally applicable and binding when Owner pays Escrow Agent directly.
4. Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the escrow account. These expenses and payment terms shall be determined by the Contractor and Escrow Agent.
5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on the interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to Owner.
6. Contractor shall have the right to withdraw all or any part of the principal in the escrow account only by written notice to the Escrow Agent accompanied by written authorization from Owner to the Escrow Agent that Owner consents to the withdrawal of the amount sought to be withdrawn by Contractor.
7. Owner shall have a right to draw upon the securities in the event of default by Contractor. Upon 7 days' written notice to the Escrow Agent from Owner of the
Escrow Agreement for Security Deposits in Lieu of Retention 00602-2 8660F10 July 12, 2023 - CONFORMED
pw://Carollo/Documents/Client/CA/Ukiah/8660F10/Specifications/New Scope/00602 (CONFORMED) default, Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by Owner.
8. Upon receipt of written notification from Owner certifying that the contract is final and complete, and that Contractor has complied with all requirements and procedures applicable to the contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the escrow account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges.
9. Escrow Agent shall rely on the written notifications from Owner and Contractor pursuant to Sections above, inclusive, of this Agreement and Owner and Contractor shall hold the Escrow Agent harmless from the Escrow Agent's release, conversion, and disbursement of the securities and interest as set forth above.
10. The names of the persons who are authorized to give written notice or to receive written notice on behalf of Owner and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows:
On behalf of Owner: On behalf of Contractor:
Title Title
Name Name
Signature Signature
Address Address
On behalf of the Escrow Agent:
Title
Name
Signature
Address
At the time the escrow account is opened, Owner and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement.
END OF DOCUMENT
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.
Certificate of Substantial Completion
00625-1 8660F10 July 12, 2023 - CONFORMED
pw://Carollo/Documents/Client/CA/Ukiah/8660F10/Specifications/New Scope/00625 (CONFORMED) DOCUMENT 00625
CERTIFICATE OF SUBSTANTIAL COMPLETION
Owner: Owner’s Project No.:
Engineer: Engineer’s Project No.:
Contractor:
Contractor’s Project
No.:
Project:
Contract
Name:
This ☐ Preliminary ☐ Final Certificate of Substantial Completion applies to:
☐ All Work ☐ The following specified portions of the Work:
[Describe the portion of the work for which Certificate of Substantial Completion is issued]
Date of Substantial Completion: [Enter date, as determined by Engineer] The Work to which this Certificate applies has been inspected by authorized representatives of Owner, Contractor, and Engineer, and found to be substantially complete. The Date of Substantial Completion of the Work or portion thereof designated above is hereby established, subject to the provisions of the Contract pertaining to Substantial Completion. The date of Substantial Completion in the final Certificate of Substantial Completion marks the commencement of the contractual correction period and applicable warranties required by the Contract.
A punch list of items to be completed or corrected is attached to this Certificate. This list may not be all-inclusive, and the failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents.
Amendments of contractual responsibilities recorded in this Certificate should be the product of mutual agreement of Owner and Contractor; see the General Conditions.
The responsibilities between Owner and Contractor for security, operation, safety, maintenance, heat, utilities, insurance, and warranties upon Owner's use or occupancy of the Work must be as provided in the Contract, except as amended as follows:
Amendments to Owner’s Responsibilities: ☐ None ☐ As follows:
[List amendments to Owner’s Responsibilities]
Amendments to Contractor’s Responsibilities: ☐ None ☐ As follows:
[List amendments to Contractor’s Responsibilities]
The following documents are attached to and made a part of this Certificate:
[List attachments such as punch list; other documents]
Certificate of Substantial Completion
00625-2 8660F10 July 12, 2023 - CONFORMED
pw://Carollo/Documents/Client/CA/Ukiah/8660F10/Specifications/New Scope/00625 (CONFORMED) This Certificate does not constitute an acceptance of Work not in accordance with the Contract Documents, nor is it a release of Contractor's obligation to complete the Work in accordance with the Contract Documents.
Engineer
END OF DOCUMENT
By (signature):
Name
(printed):
Title:
Request for Information or Interpretation (RFI)
00632-1 8660F10 July 12, 2023 - CONFORMED
pw://Carollo/Documents/Client/CA/Ukiah/8660F10/Specifications/New Scope/00632 (CONFORMED) DOCUMENT 00632
REQUEST FOR INFORMATION OR INTERPRETATION (RFI)
Owner: Click here to enter text. Date: XX/XX/XXXX
Contractor: Click here to enter text. Project No.: 00000.00 Project
Name: Click here to enter text. RFI No.: 000
RFI Title: Click here to enter text.
Spec/Dwg.
Reference: 00000
Information or Interpretation and Reason Requested
Click here to enter text.
Authored
By:
Click here to enter text.
Date
Submitted: XX/XX/XXXX
Response to Request:
Click here to enter text.
In the event, Contractor believes the RFI response does or will cause a change to the requirements of the Contract, Contractor shall immediately give written notice stating that Contractor considers the response to be a Change Order.
Firm
Name:
Click here to enter text.
Date
Returned: XX/XX/XXXX
Signature:
Printed
Name:
END OF DOCUMENT
Federal and State Funding Requirements
00820-1 8660F10 July 12, 2023 - CONFORMED
pw://Carollo/Documents/Client/CA/Ukiah/8660F10/Specifications/New Scope/00820 (CONFORMED) SECTION 00820
FEDERAL AND STATE FUNDING REQUIREMENTS
ARTICLE 1 — GENERAL
1.01 This section comprises the construction contract provisions required by funding programs.
A. The provisions, regulations, code references, certifications and other items included apply to this Project.
ARTICLE 2 — SRF REQUIREMENTS
2.01 Anticipated funding sources for this project includes the state of California’s Water Recycling Funding Program (WRFP), through the Clean Water State Revolving Fund (SRF). This section summarizes the SRF program requirements the contractor is required to comply with. If there are conflicts between this section and other provisions or sections, the requirements stated in this section shall take precedence over the other provisions, except where similar provisions are more stringent, in which case the more stringent conditions will be implemented.
2.02 Bids must include a signed copy of Attachment A - Certification of Compliance with WRFP/SRF Conditions.
2.03 The loan or grant recipient is the City of Ukiah and will be referenced as the Owner.
2.04 Project records
A. Contractor and Subcontractors shall maintain separate books, records and other materials relative to Project. Contractor shall submit a copy of all such records to the Owner as a condition for final payment. Contractor and Subcontractors shall make such books, records, and other material available at all reasonable times (at a minimum during normal business hours) to inspection, copying, and audit by the Owner, the United States Environmental Protection Agency (USEPA), State Water Resources Control Board (SWRCB), or any authorized representatives of the aforementioned. Contractor and Subcontractors shall allow interviews during normal business hours of any employees who might reasonably have information related to such records. Contractor shall include a similar duty regarding audit, interviews, and records retention in all subcontracts related to the Contract. Obligations under this provision shall survive the expiration or termination of the Contract.
ARTICLE 3 — DEBARMENT AND SUSPENSION
3.01 Contractor certifies that it will not knowingly enter into a contract with anyone who is ineligible under the 2 CFR part 180 and part 1532 (per Executive Order 12549, 51 FR 6370, February 21, 1986) or who is prohibited under Section 306 of the Clean Air Act or Section 508 of the Clean Water Act to participate in the Project. Suspension and debarment information can be accessed at http://www.sam.gov. Contractor represents
Federal and State Funding Requirements
00820-2 8660F10 July 12, 2023 - CONFORMED
pw://Carollo/Documents/Client/CA/Ukiah/8660F10/Specifications/New Scope/00820 (CONFORMED) and warrants that it has or will include a term or conditions requiring compliance with this provision in all of its subcontracts under this Agreement.
3.02 The contract is a covered transaction for purposes of 2 CFR Part 180 and 2 CFR Part 3000. As such, the Contractor is required to verify that none of the Contractors, its principals (defined at 2 CFR § 180.995), or its affiliates (defined at 2 CFR § 180.905) are excluded (defined at 2 CFR § 180.940) or disqualified (defined at 2 CFR § 180.935).
3.03 The Contractor must comply with 2 CFR Part 180, Subpart C and 2 CFR Part 3000, Subpart C and must include a requirement to comply with these regulations in any subcontract.
3.04 If it is later determined that the Contractor did not comply with 2 CFR Part 180, Subpart C and 2 CFR Part 3000, Subpart C, in addition to remedies available to the Owner, the Federal Government may pursue available remedies, including, but not limited to, suspension and/or debarment.
3.05 The bidder or proposer agrees to comply with the requirements of 2 CFR Part 180, Subpart C and 2 CFR Part 3000, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its subcontracts.
3.06 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions
A. The Contractor certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared negligible, or voluntarily excluded from participation in this transaction by any federal department or agency.
B. Where the Contractor is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to the bid.
C. The Contractor also certifies that it and its principals:
1. Have not within a three-year period preceding this bid been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; violation of federal or state anti-trust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
2. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any of the offenses enumerated this certification; and
3. Have not within a three-year period preceding this bid had one or more public transactions (federal, state or local) terminated for cause or default. Where the Contractor is unable to certify to any of the above, such owner shall attach an explanation to the bid;
4. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the federal
Federal and State Funding Requirements
00820-3 8660F10 July 12, 2023 - CONFORMED
pw://Carollo/Documents/Client/CA/Ukiah/8660F10/Specifications/New Scope/00820 (CONFORMED) government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment; D. The Contractor shall incorporate the foregoing requirements in all subcontracts.
ARTICLE 4 — PREVAILING WAGE REQUIREMENTS
4.01 Contractor shall comply with State of California Prevailing wage determinations.
A. Contractor agrees to be bound by all applicable provisions of State Labor Code regarding prevailing wages. California Division of Industrial Relations (DIR) requirements may be found at: http://www.dir.ca.gov/lcp.asp. For more information, please refer to DIR’s Public Works Manual at:
http://www.dir.ca.gov/dlse/PWManualCombined.pdf.
B. This contract is subject to enforcement by DIR with regard, specifically but not limited to, the following:
1. Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates in the county, or counties, in which the work is to be done have been determined by the DIR. These wages are available from the DIR website at https://www.dir.ca.gov. The effective general prevailing wage rates, which have been determined and are on file with the DIR are referenced but not printed in the Contract Documents.
2. Pursuant to Section 1725.5 of the Labor Code, no contractor or subcontractor may be listed on a bid proposal, or awarded a contract, for public work on a public works project unless registered with the DIR.
ARTICLE 5 — RUSSIAN SANCTIONS
5.01 Contractor is required to comply with the economic sanctions imposed in response to Russia’s actions in Ukraine, including with respect to, but not limited to, the federal executive orders identified in California Executive Order N-6-22, located at https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-ExecutiveOrder.pdf and the sanctions identified on the United States Department of the Treasury website (https://home.treasury.gov/policy-issues/financial-sanctions/sanctions-programsand-country-information/ukraine-russia-related-sanctions).
5.02 Contractor is required to comply with all applicable reporting requirements regarding compliance with the economic sanctions, including, but not limited to, those reporting requirements set forth in California Executive Order N-6-22 for all Recipients with one or more agreements with the State of California with an aggregated value of Five Million Dollars ($5,000,000) or more, including:
A. Desisting from making any new investments or engaging in financial transactions with Russian institutions or companies that are headquartered or have their principal place of business in Russia;
B. Not transferring technology to Russia or companies that are headquartered or have their principal place of business in Russia; and
C. Direct support to the government and people of Ukraine.
Federal and State Funding Requirements
00820-4 8660F10 July 12, 2023 - CONFORMED
pw://Carollo/Documents/Client/CA/Ukiah/8660F10/Specifications/New Scope/00820 (CONFORMED) ARTICLE 6 — PROJECT RECORDS
6.01 Contractor and Subcontractors shall maintain separate books, records and other materials relative to Project. Contractor shall submit a copy of all such records to the Owner as a condition for final payment. Contractor and Subcontractors shall make such books, records, and other material available at all reasonable times (at a minimum during normal business hours) to inspection, copying, and audit by the Owner, the United States Environmental Protection Agency (USEPA), or any authorized representatives of the aforementioned. Contractor and Subcontractors shall allow interviews during normal business hours of any employees who might reasonably have information related to such records. Contractor shall include a similar duty regarding audit, interviews, and records retention in all subcontracts related to the Contract.
Obligations under this provision shall survive the expiration or termination of the Contract.
ARTICLE 7 — DRUG FREE WORKPLACE REQUIREMENTS
7.01 Comply with 55 FR 21690, 21694, MAY 25, 1990.
7.02 Workplaces under grants, for contractors other than individuals, need not be identified on the certification. If known, they may be identified in the grant application. If the contractor does not identify the workplaces at the time of application, or upon award, if there is no application, the contractor must keep the identity of the workplace(s) on file in its office and make the information available for federal inspection. Failure to identify all known workplaces constitutes a violation of the contractor's drug-free workplace requirements.
7.03 Workplace identifications must include the actual address of buildings (or parts of buildings) or other sites where work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles of a mass transit authority or state highway department while in operation, state employees in each local unemployment office, performers in concert halls or radio studios).
7.04 If the workplace identified to the board changes during the performance of the grant, the contractor shall inform the board of the change(s), if it previously identified the workplaces in question.
7.05 Definitions of terms in the non-procurement suspension and debarment common rule and drug-free workplace common rule apply to this certification. Contractors' attention is called, in particular, to the following definitions from these rules: controlled substance means a controlled substance in schedules i through v of the controlled substances act (21 U.S.C. 812) and as further defined by regulation (21 CFR 1308.11 through 1308.15);conviction means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the federal or state criminal drug statutes; criminal drug statute means a federal or non-federal criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance; employee means the employee of a contractor directly engaged in the performance of work under a grant, including: (i) all direct charge employees; (ii) all indirect charge employees unless their impact or involvement is insignificant to the performance of the grant; and, (iii) temporary personnel and consultants who are directly engaged in the performance of work under the grant and who are on the contractor's payroll. This definition does not include
Federal and State Funding Requirements
00820-5 8660F10 July 12, 2023 - CONFORMED
pw://Carollo/Documents/Client/CA/Ukiah/8660F10/Specifications/New Scope/00820 (CONFORMED) workers not on the payroll of the contractor (e.g., volunteers, even if used to meet a matching requirement; consultants or independent contractors not on the contractor's payroll; or employees of subrecipients or subcontractors in covered workplaces.
7.06 Certification regarding drug-free workplace requirements for alternate i. (contractors other than individuals)
A. The contractor certifies that it will or will continue to provide a drug-free workplace by:
1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violation of such prohibition;
2. Establishing an ongoing drug-free awareness program to inform employees about—
a. The dangers of drug abuse in the workplace;
b. The contractor's policy of maintaining a drug-free workplace; c. Any available drug counseling, rehabilitation, and employee assistance programs; and
d. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;
3. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the published statement;
4. Notifying the employee in the published statement that, as a condition of employment
5. Under the grant, the employee will—
a. Abide by the terms of the statement; and
b. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction;
6. Notifying the board in writing, within ten calendar days after receiving notice from an employee or otherwise receiving actual notice of such conviction.
Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant;
7. Taking one of the following actions, within 30 calendar days of receiving notice, with respect to any employee who is so convicted—
a. Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the rehabilitation act of 1973, as amended; or
b. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency;
8. Making a good faith effort to continue to maintain a drug-free workplace through implementation of these requirements.
Federal and State Funding Requirements
00820-6 8660F10 July 12, 2023 - CONFORMED
pw://Carollo/Documents/Client/CA/Ukiah/8660F10/Specifications/New Scope/00820 (CONFORMED) ARTICLE 8 — EEOC: AFFIRMATIVE ACTION REQUIREMENTS
8.01 Comply with Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246) located at 41 CFR § 60-4.2.
ARTICLE 9 — ENVIRONMENTAL COMPLIANCE
9.01 The Contractor, and all subcontractors at any tier, shall comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1857[h]), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738 (Administration of the Clean Air Act and the Federal Water Pollution Control Act with Respect to Federal Contracts, Grants, or Loans), and 40 CFR Part 15.
9.02 Permits and environmental compliance requirements: As indicated in Section 01150 - Mitigation and Monitoring Requirements.
ARTICLE 10 — EQUAL EMPLOYMENT OPPORTUNITY AUTHORITIES EO 11246
10.01 The Contractor shall comply with Executive Order 11246, entitled 'Equal Employment Opportunity,' as amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CFR Part 60). (EO 11246, 30 FR 12319, September 28, 1965).
10.02 Contractor's compliance with Executive order 11246 shall be based on implementation of the Equal Opportunity Clause, and specific affirmative active obligations required by the Standard Federal Equal Employment Opportunity Construction Contract Specifications, as set forth in 41 CFR Part 60-4.
ARTICLE 11 — RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT
11.01 Contractor shall report to Construction Manager any discovery or invention that arises during the course of the Work to the non-federal entity. Contractor shall promptly report inventions to the Construction Manager (within 60 days) after the inventor discloses it in writing to Contractor. The awarding agency shall determine how rights in the invention/discovery shall be allocated consistent with Government Patent Policy and Title 37 CFR § 401.
ARTICLE 12 — SIGNAGE REQUIREMENTS
12.01 Comply with signage requirements as specified in Section 01500 - Temporary Facilities and Controls.
12.02 Add SRF required information and logos as directed by Engineer.
ARTICLE 13 — CIVIL RIGHTS OBLIGATIONS
13.01 Contractor shall comply with the following federal non-discrimination requirements:
A. Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on race, color, and national origin, including limited English proficiency (LEP). (42 U.S.C 2000D, et. seq)
Federal and State Funding Requirements
00820-7 8660F10 July 12, 2023 - CONFORMED
pw://Carollo/Documents/Client/CA/Ukiah/8660F10/Specifications/New Scope/00820 (CONFORMED) B. Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination against persons with disabilities. (29 U.S.C. 794, supplemented by EO 11914, 41 FR 17871, April 29, 1976 and EO 11250, 30 FR 13003, October 13, 1965) C. The Age Discrimination Act of 1975, which prohibits age discrimination. (42 U.S.C 6101 et. seq)
D. Section 13 of the Federal Water Pollution Control Act Amendments of 1972, which prohibits discrimination on the basis of sex.
E. 40 CFR Part 7, as it relates to the foregoing.
ARTICLE 14 — EEOC: ELIMINATION OF SEGREGATED FACILITIES. (41 CFR 60-1.8)
14.01 The contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom.
The contractor's obligation extends further to ensuring that its employees are not assigned to perform their services at any location, under the contractor's control, where the facilities are segregated. This obligation extends to all contracts containing the equal opportunity clause regardless of the amount of the contract. The term “facilities,” as used in this section, means waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees; Provided, that separate or single-user restrooms and necessary dressing or sleeping areas shall be provided to assure privacy between the sexes.
END OF SECTION
Federal and State Funding Requirements
00820-Attachment A 8660F10 July 12, 2023 - CONFORMED
pw://Carollo/Documents/Client/CA/Ukiah/8660F10/Specifications/New Scope/00820 (CONFORMED)
ATTACHMENT A - CERTIFICATION OF COMPLIANCE WITH
WATER RECYCLING FUNDING PROGRAM/STATE REVOLVING FUND CONDITIONS
Federal and State Funding Requirements
00820-Attachment A-1 8660F10 July 12, 2023 - CONFORMED
pw://Carollo/Documents/Client/CA/Ukiah/8660F10/Specifications/New Scope/00820 (CONFORMED)
CERTIFICATION OF COMPLIANCE WITH WATER RECYCLING FUNDING
PROGRAM/STATE REVOLVING FUND CONDITIONS
This certification relates to the City of Ukiah’s Water Recycling Project – Phase 4 Refinements Contract proposed by the Owner which expects to finance the proposed Construction Contract with assistance from the Water Recycling Funding Program (WRFP)/State Revolving Fund (SRF) loan program supported in part with funds directly made available by the State of California - Proposition 68 and Senate Bill 129. I am the undersigned prospective construction contractor or subcontractor.
I certify that I have read the SRF Program Requirements and agree to incorporate the following into the bid and/or contract:
• DEBARMENT AND SUSPENSION (EXECUTIVE ORDER 2549)
• EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 1246)
• PREVAILING WAGE STANDARDS PROVISION
I agree that I will obtain identical certifications from prospective lower-tier construction subcontractors prior to the award of any lower-tier construction subcontracts with a price exceeding $10,000. I also agree that I will retain such certifications in my files.
The Contractor certifies that neither it nor its principals is presently debarred. ______________________________________ ________________ (Signature of Authorized Official) (Date)
.................................................................................... (Name and Title of Authorized Official [Print or Type]) .................................................................................... (Name of Prospective Construction Contractor or Subcontractor [Print or Type]) .................................................................................... (Address and Telephone Number of Prospective Construction Contractor or Subcontractor [Print or Type]) .................................................................................... (Employer Identification Number of Prospective Construction Contractor or Subcontractor)
Escrow Bid Documents
00823-1 8660F10 July 12, 2023 - CONFORMED
pw://Carollo/Documents/Client/CA/Ukiah/8660F10/Specifications/New Scope/00823 (CONFORMED) DOCUMENT 00823
ESCROW BID DOCUMENTS
ARTICLE 1—SCOPE
1.01 The 3 lowest Bidders shall submit, within the specified time after receipt of Bids, 1 copy of all documentary information generated in preparation of Bid prices for this Project.
This material is hereinafter referred to as "Escrow Bid Documents." The Escrow Bid Documents of the Successful Bidder will be held in escrow for the duration of the contract.
1.02 The Successful Bidder agrees, as a condition of award of the contract, that the Escrow Bid Documents constitute the complete, only, and all documentary information used in preparation of his Bid. No other Bid preparation information shall be considered in resolving disputes.
1.03 Nothing in the Escrow Bid Documents shall change or modify the terms or conditions of the Contract Documents.
ARTICLE 2—OWNERSHIP
2.01 The Escrow Bid Documents are, and shall always remain, the property of Contractor, subject only to joint review by Owner and Contractor, as provided in this Document.
2.02 Owner stipulates and expressly acknowledges that the Escrow Bid Documents, as defined in this Document, constitute trade secrets. This acknowledgment is based on Owner's express understanding that the information contained in the Escrow Bid Documents is not known outside the Bidder's business, is known only to a limited extent and only by a limited number of employees of the Bidder, is safeguarded while in Bidder's possession, is extremely valuable to Bidder, and could be extremely valuable to Bidder's competitors by virtue of it reflecting Bidder's contemplated techniques of construction. Owner acknowledges that the Bidder expended substantial sums of money in developing the information included in the Escrow Bid Documents and further acknowledges that it would be difficult for a competitor to replicate the information contained therein. Owner further acknowledges that the Escrow Bid Documents and the information contained therein are made available to Owner only because such action is an express prerequisite to award of the contract. Owner further acknowledges that the Escrow Bid Documents include a compilation of information used in the Bidder's business, intended to give the Bidder an opportunity to obtain an advantage over competitors who do not know of or use the contents of the documentation. Owner agrees to safeguard the Escrow Bid Documents, and all information contained therein, against disclosure to the fullest extent permitted by law.
ARTICLE 3—PROGRAM
3.01 Escrow Bid Documents will be used to assist in the negotiation of price adjustments and Change Orders and in the settlement of disputes, claims, and other controversies. They will not be used for pre-award evaluation of Contractor's anticipated methods of construction or to assess Contractor's qualifications for performing the Work.
Escrow Bid Documents
00823-2 8660F10 July 12, 2023 - CONFORMED
pw://Carollo/Documents/Client/CA/Ukiah/8660F10/Specifications/New Scope/00823 (CONFORMED) ARTICLE 4—FORMAT AND CONTENTS
4.01 Bidders may submit Escrow Bid Documents in their usual cost-estimating format. It is not the intention of this section to cause the Bidder extra work during the preparation of the Bid, but to ensure that the Escrow Bid Documents will be adequate to enable complete understanding and proper interpretation for their intended use. The Escrow Bid Documents shall be in the language of the Specifications.
4.02 It is required that the Escrow Bid Documents clearly itemize the estimated costs of performing the work of each Bid item contained in the Bid schedule. Bid items should be separated into subitems as required to present a complete and detailed cost estimate and allow a detailed cost review. The Escrow Bid Documents shall include all quantity takeoffs; crew; equipment; calculations of rates of production and progress; copies of quotations from equipment manufacturers, Subcontractors, and Suppliers; and memoranda, narratives, consultants' reports, add/deduct sheets, and all other information used by the Bidder to arrive at the prices contained in the Bid Form.
Estimated costs should be broken down into the Bidder's usual estimate categories, such as direct labor, repair labor, equipment operation, equipment ownership, expendable materials, permanent materials, and subcontract costs as appropriate. Plant and equipment and indirect costs should be detailed in the Bidder's usual format.
Contractor's allocation of plant and equipment, indirect costs, contingencies, markup, and other items to each Bid item shall be included.
4.03 All costs shall be identified. For Bid items amounting to less than $10,000, estimated unit costs are acceptable without a detailed cost estimate, provided that labor, equipment, materials, and subcontracts, as applicable, are included, and provided that indirect costs, contingencies, and markup, as applicable, are allocated.
4.04 Bidding Documents provided by the Owner should not be included in the Escrow Bid Documents unless needed to comply with the requirements of this section.
ARTICLE 5—SUBMITTAL
5.01 The Escrow Bid Documents shall be submitted in a sealed container within 72 hours after the time of receipt of Bids. The container shall be clearly marked on the outside with the Bidder's name, date of submittal, project name, and the words "Escrow Bid Documents."
5.02 The Escrow Bid Documents shall be accompanied with the completed Attachment A Certificate of Bid Documentation, signed by an individual authorized by the Bidder to execute the Bid Form, stating that the material in the Escrow Documentation constitutes the complete, only, and all documentary information used in preparation of the Bid and that he has personally examined the contents of the Escrow Bid Documents container and has found that the documents in the container are complete.
5.03 Prior to award, Escrow Bid Documents of the apparent Successful Bidder will be unsealed, examined, organized, and inventoried by representatives of Owner, together with members of Contractor's staff who are knowledgeable in how the Bid was prepared.
5.04 This examination is to ensure that the Escrow Bid Documents are authentic, legible, and complete. It will not include review of, and will not constitute approval of, proposed construction methods, estimating assumptions, or interpretations of Contract Documents. This examination is subject to the condition that, as trade secrets, the Escrow Bid Documents are proprietary and confidential as described in this Document.
Examination will not alter any condition(s) or term(s) of the contract.
Escrow Bid Documents
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5.05 If all the documentation required in this Document has not been included in the original submittal, additional documentation shall be submitted, at Owner's discretion, prior to award of the contract. The detailed breakdown of estimated costs shall be reconciled and revised, if appropriate, by agreement between Contractor and Owner before making the award.
5.06 If the contract is not awarded to the apparent Successful Bidder, the Escrow Bid Documents of the Bidder next to be considered for award shall be processed as described above.
5.07 Timely submission of complete Escrow Bid Documents is an essential element of the Bidder's responsibility and a prerequisite to contract award. Failure to provide the necessary Escrow Bid Documents will be sufficient cause for Owner to reject the Bid.
5.08 If the Bidder's proposal is based on subcontracting any part of the Work, each Subcontractor whose total subcontract price exceeds 5 percent of the total Contract Price proposed by the Bidder shall provide separate Escrow Bid Documents to be included with those of the Bidder. These documents will be opened and examined in the same manner and at the same time as the examination described above for the apparent Successful Bidder.
5.09 If Contractor subcontracts any portion of the Work after award, Owner retains the right to require Contractor to submit Escrow Bid Documents from the Subcontractor before the subcontract is approved.
5.10 Escrow Bid Documents submitted by unsuccessful Bidders will be returned unopened, unless opened as provided above, as soon as they are no longer needed by Owner and no later than immediately following award of the contract.
ARTICLE 6—STORAGE
6.01 The Escrow Bid Documents of the Successful Bidder will be placed in escrow prior to award of the contract, for the life of the contract, in a mutually agreeable institution. The cost of storage will be paid by Owner.
ARTICLE 7—EXAMINATION AFTER AWARD OF CONTRACT
7.01 The Escrow Bid Documents shall be examined by both Owner and Contractor, at any time deemed necessary after award of the contract by either Owner or Contractor, to assist in the negotiation of price adjustments and Change Orders, or the settlement of disputes.
7.02 Examination of the Escrow Bid Documents after award of the contract is subject to the following conditions:
7.03 As trade secrets, the Escrow Bid Documents are proprietary and confidential as described in this Document.
7.04 Owner and Contractor shall each designate, in writing to the other party and a minimum of 10 days prior to examination, representatives who are authorized to examine the Escrow Bid Documents. No other person shall have access to the Escrow Bid Documents.
7.05 Access to the Escrow Bid Documents will take place only in the presence of duly designated representatives of both Owner and Contractor.
Escrow Bid Documents
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8.01 The Escrow Bid Documents will be returned to Contractor at such time as the contract has been completed and final settlement has been achieved.
END OF DOCUMENT
Escrow Bid Documents
00823-Attachment A 8660F10 July 12, 2023 - CONFORMED
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ATTACHMENT A - CERTIFICATE OF BID DOCUMENTATION
Escrow Bid Documents
00823-Attachment A-1 8660F10 July 12, 2023 - CONFORMED
pw://Carollo/Documents/Client/CA/Ukiah/8660F10/Specifications/New Scope/00823 (CONFORMED)
CERTIFICATE OF BID DOCUMENTATION
I, THE UNDERSIGNED, HEREBY CERTIFY THAT THE BID DOCUMENTATION CONTAINED
IN THIS DOCUMENT CONSTITUTES THE COMPLETE, ONLY, AND ALL DOCUMENTARY
INFORMATION USED IN PREPARATION OF THE BID AND THAT I HAVE PERSONALLY
EXAMINED THESE CONTENTS AND HAVE FOUND THAT THIS BID DOCUMENTATION IS COMPLETE.
BY:
TITLE:
FIRM:
DATE:
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.
Work Change Directive
00940-1 8660F10 July 12, 2023 - CONFORMED
pw://Carollo/Documents/Client/CA/Ukiah/8660F10/Specifications/New Scope/00940 (CONFORMED) DOCUMENT 00940
WORK CHANGE DIRECTIVE
Owner: Owner’s Project No.:
Engineer: Engineer’s Project No.:
Contractor:
Contractor’s Project
No.:
Project:
Contract
Name:
Date Issued:
Effective Date of Work Change
Directive:
Contractor is directed to proceed promptly with the following change(s):
Description:
[Description of the change to the Work]
Attachments:
[List documents related to the change to the Work]
Purpose for the Work Change Directive:
[Describe the purpose for the change to the Work]
Directive to proceed promptly with the Work described herein, prior to agreeing to change in Contract Price and Contract Time, is issued due to:
Notes to User—Check one or both of the following
☐ Non-agreement on pricing of proposed change. ☐ Necessity to proceed for schedule or other reasons.
Estimated Change in Contract Price and Contract Times (non-binding, preliminary):
Contract Price: $ [increase][decrease][not yet
estimated].
Contract Time: days [increase][decrease][not yet
estimated].
Work Change Directive
00940-2 8660F10 July 12, 2023 - CONFORMED
pw://Carollo/Documents/Client/CA/Ukiah/8660F10/Specifications/New Scope/00940 (CONFORMED) Basis of estimated change in Contract Price:
☐ Lump Sum ☐ Unit Price ☐ Cost of the Work ☐ Other
Recommended by Engineer Authorized by Owner
By:
Title:
Date:
END OF DOCUMENT
This document is a MODIFIED version of EJCDC® C‑941, Copyright© 2018 by the National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from copyrighted EJCDC documents. All rights reserved. Those portions of the text that originated in copyrighted EJCDC documents remain subject to the copyright.
Change Order
00941-1 8660F10 July 12, 2023 - CONFORMED
pw://Carollo/Documents/Client/CA/Ukiah/8660F10/Specifications/New Scope/00941 (CONFORMED) DOCUMENT 00941
CHANGE ORDER
Owner: Owner’s Project No.:
Engineer:
Engineer’s Project
No.:
Contractor:
Contractor’s Project
No.:
Project:
Contract
Name:
Date Issued:
Effective Date of Change
Order:
The Contract is modified as follows upon execution of this Change Order:
Description:
[Description of the change]
Attachments:
[List documents related to the change]
In signing a Change Order, the Owner and Contractor acknowledge and agree that:
1. The Change Order constitutes full mutual accord and satisfaction for the change to the Work. The stipulated compensation (Contract Price or Contract Times, or both) set forth in the Change Order includes not only all direct costs of Contractor such as labor, material, job overhead, and profit markup, but also includes any costs for modifications or changes in sequence of work to be performed, delays rescheduling, disruptions, extended direct overhead or general overhead, acceleration, material, or other escalation which includes wages and other impact costs.
2. This Change Order will become a supplement to the Contract and all Contract provisions will apply hereto.
3. It is understood that this Change Order shall be effective on the date the Owner authorizes the Change Order by their signature.
4. No reservation of rights to pursue subsequent claims on the Change Order will be made by either party.
5. No subsequent claim or amendment of the Contract Documents will arise out of or as a result of the Change Order.
Change Order
00941-2 8660F10 July 12, 2023 - CONFORMED
pw://Carollo/Documents/Client/CA/Ukiah/8660F10/Specifications/New Scope/00941 (CONFORMED) Change in Contract Price
Change in Contract Times
[State Contract Times as either a specific
date or a number of days]
Original Contract Price: Original Contract Times:
Substantial
Completion:
$ Ready for final
payment:
[Increase] [Decrease] from previously approved
Change Orders No. 1 to No. [Number of previous
Change Order]:
[Increase] [Decrease] from previously approved
Change Orders No. 1 to No. [Number of
previous Change Order]:
Substantial
Completion:
$ Ready for final
payment:
Contract Price prior to this Change Order: Contract Times prior to this Change Order:
Substantial
Completion:
$ Ready for final
payment:
[Increase] [Decrease] this Change Order: [Increase] [Decrease] this Change Order:
Substantial
Completion:
$ Ready for final
payment:
Contract Price incorporating this Change Order: Contract Times with all approved Change Orders:
Substantial
Completion:
$ Ready for final
payment:
Recommended by Engineer
(if required) Authorized by Owner
By:
Title:
Date:
Authorized by Contractor Approved by Funding Agency
(if applicable)
By:
Title:
Date:
END OF DOCUMENT
Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.
Field Order
00942-1 8660F10 July 12, 2023 - CONFORMED
pw://Carollo/Documents/Client/CA/Ukiah/8660F10/Specifications/New Scope/00942 (CONFORMED) DOCUMENT 00942
FIELD ORDER
Owner: Owner’s Project No.:
Engineer: Engineer’s Project No.:
Contractor:
Contractor’s Project
No.:
Project:
Contract
Name:
Date Issued:
Effective Date of Field
Order:
Contractor is hereby directed to promptly perform the Work described in this Field Order, issued in accordance with the General Conditions, for minor changes in the Work without changes in Contract Price or Contract Times. If Contractor considers that a change in Contract Price or Contract Times is required, submit a Change Proposal before proceeding with this Work.
Reference:
Specification Section(s):
Drawing(s) / Details (s):
Description:
[Description of the change to the Work]
Attachments:
[List documents supporting change]
Issued by Engineer
By:
Title:
Date:
END OF DOCUMENT
Summary of Work
01110-1 8660F10 July 12, 2023 - CONFORMED
pw://Carollo/Documents/Client/CA/Ukiah/8660F10/Specifications/New Scope/01110 (CONFORMED) SECTION 01110
SUMMARY OF WORK
PART 1 GENERAL
1.01 SUMMARY
A. Section includes: Detailed description of the Work.
1.02 THE WORK
A. The Work consists of:
1. Construction of Recycled Water Project Phase 4 - Specification No. 23-01, including: construction of new and rehabilitation of existing facilities related to the City of Ukiah’s recycled water production, storage, and distribution; repair and reconstruction of existing improvements affected by the Work; and incidentals for complete and usable facilities.
2. Commissioning of the Work.
1.03 LOCATION OF PROJECT
A. The Work is primarily located at the following locations and as indicated on the Drawings:
1. City of Ukiah Water Treatment Plant: 935 River Street, Ukiah, CA 95482.
2. City of Ukiah Wastewater Treatment Plant: 300 Plant Road, Ukiah, CA 95482.
3. Various locations within the City of Ukiah for the recycled water distribution system pipelines.
PART 2 PRODUCTS (NOT USED)
PART 3 EXECUTION (NOT USED)
END OF SECTION
Contract Document Language
01116-1 8660F10 July 12, 2023 - CONFORMED
pw://Carollo/Documents/Client/CA/Ukiah/8660F10/Specifications/New Scope/01116 (CONFORMED) SECTION 01116
CONTRACT DOCUMENT LANGUAGE
PART 1 GENERAL
1.01 SUMMARY
A. Section Includes: Explanation of arrangement, language, reference standards, and format.
1.02 REFERENCES
A. Construction Specifications Institute (CSI):
1. MasterFormat™.
2. SectionFormat™.
3. PageFormat™.
1.03 PROJECT MANUAL ARRANGEMENT
A. Document and Section numbers used in Project Manual, and Project Manual arrangement are in accordance with CSI MasterFormat™, except where departures have been deemed necessary.
B. Sections are written in CSI SectionFormat™, Three-Part Section Format, except where departures have been deemed necessary.
C. Page format for Sections in the Project Manual is in PageFormat™, except where departures have been deemed necessary.
1.04 CONTRACT DOCUMENT LANGUAGE
A. Specification Section Paragraphs entitled "Section Includes" summarize briefly what is generally included in the section.
1. Requirements of Contract Documents are not limited by "Section Includes" paragraphs.
B. Specifications have been partially streamlined by intentionally omitting words and phrases, such as "the Contractor shall," "in conformity therewith," "shall be" following "as indicated," "a," "an," "the" and "all."
1. Assume missing portions by inference.
C. Phrase "by Engineer" modifies words such as "accepted," "directed," "selected," "inspected," and "permitted," when they are unmodified.
D. Phrase "to Engineer" modifies words such as "submit," "report," and "satisfactory," when they are unmodified.
Contract Document Language
01116-2 8660F10 July 12, 2023 - CONFORMED
pw://Carollo/Documents/Client/CA/Ukiah/8660F10/Specifications/New Scope/01116 (CONFORMED) E. Colons (:) are used to introduce a list of particulars, an appositive, an amplification, or an illustrative quotation:
1. When used as an appositive after designation of product, colons are used in place of words "shall be."
F. Word "provide" means to manufacture, fabricate, deliver, furnish, install, complete, assemble, erect in place, test, or render ready for use or operation, including necessary related material, labor, appurtenances, services, and incidentals.
G. Words "Contractor shall" are implied when direction is stated in imperative mood.
H. Term "products" includes materials and equipment as specified in Section 01600 - Product Requirements - Plant and Section 01601 - Product Requirements - Linear Infrastructure.
PART 2 PRODUCTS (NOT USED)
PART 3 EXECUTION (NOT USED)
END OF SECTION
Work Restrictions
01140-1 8660F10 July 12, 2023 - CONFORMED
pw://Carollo/Documents/Client/CA/Ukiah/8660F10/Specifications/New Scope/01140 (CONFORMED) SECTION 01140
WORK RESTRICTIONS
PART 1 GENERAL
1.01 SUMMARY
A. Section includes: Requirements for sequencing and scheduling the Work affected by existing site and facility, work restrictions, and coordination between construction operations and plant operations.
1.02 SUBMITTALS
A. Method of Procedure (MOP) Submittals:
1. Baseline Schedule with MOP tasks.
a. Submit Baseline Schedule, as specified in Section 01321 - Schedules and Reports with proposed MOPs.
2. Progress Schedules with MOP tasks.
3. MOP Forms.
4. MOP Logs.
a. Submit MOP Log at construction progress meetings.
1.03 METHOD OF PROCEDURE (MOP)
A. Comply with MOP Instructions as specified in Attachment A - Method of Procedure (MOP).
B. Prepare MOP for the following conditions:
1. Shutdowns, diversions, and tie-ins to the existing facility.
2. Process start-up activities.
3. Power interruption and tie-ins.
4. Switch over between temporary and permanent facilities, equipment, piping, and electrical and instrumentation systems.
5. Process constraints requiring interruption of operating processes or utilities.
C. Other Work not specifically listed may require MOPs as determined necessary by the Contractor, Owner, or Engineer.
D. No consideration will be given to claims of additional time and cost associated to preparing MOPs required by the Owner and Engineer to complete this work in a manner that facilitates proper operation of the facility and compliance with effluent discharge criteria.
E. Where required to minimize treatment process interruptions while complying with specified constraints, provide temporary pumping, power, lighting, controls, instrumentation, and safety devices.
Work Restrictions
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1.04 GENERAL CONSTRAINTS ON WORK AND SCHEDULING OF WORK A. Plant access for Contractor will be at the discretion of the Owner.
B. Perform abandoned pipe Work as specified in Section 01738 -Selective Alterations and Demolition.
C. Wastewater projects:
1. The City of Ukiah Wastewater Treatment Plant is the City of Ukiah's only means of treating domestic and industrial wastewater prior to discharging to the Russian River. Impairing the operational capabilities of this treatment plant will result in serious environmental damage and monetary fines.
2. Conduct Work in a manner that will not impair the operational capabilities of essential elements of the treatment process or reduce the capacity of the entire treatment plant below levels sufficient to treat the quality of raw wastewater to the water quality limitations specified in the discharge permit.
3. Conduct commissioning activities as specified in Section 01756 - Commissioning in a manner that will not impair the operational capabilities of essential elements of the treatment process or reduce the capacity of the entire treatment plant below levels sufficient to treat the quality of raw wastewater to the water quality limitations specified in the discharge permit. a. Conduct PCIS Optimization and Fine-Tuning as specified in Section 01756 - Commissioning.
4. The status of the treatment plant shall be defined as "operational" when it is capable of treating the entire quantity of wastewater received to the water quality limits specified in the discharge permit.
1.05 COMPLIANCE WITH NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT
A. The existing facility is operating under the terms of a National Pollutant Discharge Elimination System permit issued by the State Water Resources Control Board.
1. This permit specifies the water quality limits that the plant must meet prior to discharge of effluent.
2. A copy of the existing permit is on file for review from the Owner.
B. Perform work in a manner that will not prevent the existing facility from achieving the finished water quality requirements established by regulations.
C. Bear the cost of penalties imposed on the Owner for discharge violations caused by actions of the Contractor.
D. Conduct the Work and provide temporary facilities required to keep the existing plant continuously operational
E. Do not remove or demolish existing facilities required to keep the existing plant operational at the capacities specified until the existing facilities are replaced by temporary, new, or upgraded facilities or equipment.
1. Test replacement facilities to demonstrate operational success prior to removing or demolishing existing facilities.
Work Restrictions
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1.06 UTILITIES
A. Provide advance notice to and utilize services of Underground Services Alert (U.S.A.) for location and marking of underground utilities operated by utility agencies other than the Owner.
B. Maintain electrical, telephone, water, gas, sanitary facilities, and other utilities within existing facilities in service. Provide temporary utilities when necessary.
C. New yard utilities were designed using existing facility drawings.
1. Field verification of utilities locations was not performed during design.
2. Services crossed or located nearby by new yard utilities may require relocation and possible shutdowns.
3. Pipe alignments as indicated on the Drawings.
1.07 WORK BY OTHERS
A. Where proper execution of the Work depends upon work by others, inspect and promptly report discrepancies and defects.
1.08 SHUTDOWN CONSTRAINTS
A. General shutdown constraints:
1. Execute the Work while the existing facility is in operation.
2. Some activities may be accomplished without a shutdown.
3. Apply to activities of construction regardless of process or work area.
4. Activities that disrupt plant or utilities operations must comply with these shutdown constraints.
5. Organize work to be completed in a minimum number of shutdowns.
6. Provide thorough advanced planning, including having required equipment, materials, and labor on hand at time of shutdown.
7. Shutdown MOPs:
a. Advise the Engineer a minimum of 3 weeks prior to need for any complete or partial plant shutdown for tie-ins.
b. Prepare and submit MOP to Engineer for any complete or partial plant shutdown required a minimum of 2 weeks prior to the shutdown. c. Owner’s written approval of MOP is required prior to beginning Work.
8. Where required to minimize treatment process interruptions while complying with specified constraints, provide temporary pumping, power, lighting, controls, instrumentation, and safety devices.
9. Final determination of the permitting of shutdowns will be the sole judgment of the Owner.
10. Owner maintains the ability to abort on the day of the scheduled shutdown.
11. Unplanned shutdowns due to emergencies are not specified in this Section.
B. Unit process availability work limitations:
1. Shutdowns and tie-ins or other activities that disrupt plant operations are prohibited unless the following unit process availability conditions exist and unless otherwise approved in writing by the Owner and Engineer.
Work Restrictions
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2. At a minimum, the following facilities must be in service in order to proceed with a scheduled shutdown.
a. Headworks including screening and grit removal and pumping. b. Aeration basins.
c. Secondary sedimentation.
d. Filters.
e. Existing solids dewatering and hauling.
C. Plant water system.
1. Maximum shutdown duration: 2 hours.
2. Only 1 shutdown of the plant water system will be allowed to make piping connections.
D. Process, electrical and instrumentation - tie-in shutdowns:
1. Schedule no more than 1 tie-in shutdown per day.
1.09 WORK RESTRICTIONS
A. General:
1. Maximum plant flow work limitation:
a. Activities that disrupt plant operations are prohibited during the following flow conditions, unless otherwise approved in writing by the Owner and Engineer.
1) Flow condition: Flow above 4.0 million gallons per day.
B. Seasons:
1. Dry Weather: June 1 to September 30.
2. Wet Weather: October 1 to May 31.
C. Constraints and Possible Work Sequence for Key Project Elements:
1. Advanced Water Treatment (AWT) System:
a. Constraints:
1) General:
a) Conduct work on AWT units during the dry weather season. b) All AWT units shall be operational during the wet weather season.
c) Work on each tank shall be completed within 4 months after initiation.
d) At least two tanks need to be online at a time while performing work that does not require all AWT units to be offline. e) It may be necessary to shut down all four AWT units for portions of the work. When this occurs, all four AWT units may be shut down for no more than 8 hours; depending on the recycled water demand in the distribution system, this duration may be reduced at the discretion of the Owner.
2) Air Scour Piping (8 inch AA) and Supports:
a) Penetrate new air scour piping to the filter side of the AWT tanks before the tank has been recoated and filter media has been replaced.
b) New air scour piping supports shall be field welded before the AWT tanks are recoated.
Work Restrictions
01140-5 8660F10 July 12, 2023 - CONFORMED
pw://Carollo/Documents/Client/CA/Ukiah/8660F10/Specifications/New Scope/01140 (CONFORMED) b. Possible Work Sequence:
1) AWT Units:
a) Procure all equipment and materials required for AWT improvements.
b) Isolate the first two AWT units via the MOP process:
(1) Drain the AWT units in coordination with the Owner. (2) Perform demolition work as indicated on the drawings:
(a) Remove the surface wash sweeps and associated
piping.
(b) Remove pneumatic actuator from waste gate.
(c) Remove filter media and gravel support.
(d) Remove adsorption clarifier media.
(3) Install new air scour piping and weld pipe supports onto AWT tank.
(4) Penetrate air scour piping into AWT tank.
(5) Recoat the interior and exterior of the AWT tank.
(6) Place new filter gravel support and filter media into the filter side of the AWT tank.
(7) Place the adsorption clarifier media into the clarifier side of the AWT tank.
(8) Perform testing and commissioning as specified in 11802 and 01756.
c) Isolate the other two AWT units via the MOP process:
(1) Drain the AWT units in coordination with the Owner. (2) Perform demolition work as indicated on the drawings:
(a) Remove the surface wash sweeps and associated
piping.
(b) Remove pneumatic actuator from waste gate.
(c) Remove air compressor from the blower room.
(d) Remove filter media and gravel support.
(e) Remove adsorption clarifier media.
(3) Install new air scour piping and weld pipe supports onto AWT tank.
(4) Penetrate air scour piping into AWT tank.
(5) Recoat the interior and exterior of the AWT tank.
(6) Place new filter gravel support and filter media into the filter side of the AWT tank.
(7) Place the adsorption clarifier media into the clarifier side of the AWT tank.
d) Perform testing and commissioning as specified in 11802 and 01756.
2) Replacing Valves on the Clarifier and Filter Sides:
a) Procure all valves and materials required for valve
improvements.
b) Shut down all four AWT units via the MOP process.
c) Demolish the valves.
d) Install the new valves and actuators.
e) Operations personnel to resume normal operation of the plant and bring at least two AWT units back online.
f) Perform testing and commissioning as specified in 11802 and 01756.
Work Restrictions
01140-6 8660F10 July 12, 2023 - CONFORMED
pw://Carollo/Documents/Client/CA/Ukiah/8660F10/Specifications/New Scope/01140 (CONFORMED)
2. Air Wash Blowers:
a. Constraints:
1) Conduct work on blowers during the dry weather season. 2) Work on each blower shall be completed within 4 months after initiation.
3) The blower system may be offline for no more than 6 hours. 4) Keep one decommissioned blower onsite until all commissioning has been completed per Section 01756.
b. Possible Work Sequence:
1) Procure all equipment and materials required for air system improvements.
2) Via the MOP process, isolate the western air wash blower. 3) Demolish the isolated blower and its associated piping and concrete pad.
4) Remove the air compressor from the blower room and relocate it while pneumatic waste gate rams are still in use.
5) Install the new tee at the elbow of the existing air piping (6-inch AA) and a valve in the closed position to divert air to the clarifiers while installing the new blowers.
6) Install at least one new blower, its associated piping, and concrete pad, as space in the room allows.
7) Connect the new air blowers to the AWT system using a tee downstream of the newly installed tee and valve on the existing air piping (6-inch AA).
8) Once sufficient air can be supplied by the new blowers, open the valve for new blowers to provide air to the clarifiers and demolish the remaining existing blower and air piping (6-inch AA).
9) Blind flange the tee that connected the demolished existing air piping (6-inch AA) from the demolished existing blower.
10) Perform testing and commissioning as specified in 11802 and 01756.
3. Coagulant Feed Pump:
a. Constraints:
1) Work on coagulant pump shall be completed within a month after initiation.
b. Possible Work Sequence:
1) Procure all equipment and materials required for backwash piping improvements.
2) Isolate the existing pump to be replaced via the MOP process. 3) Demolish existing pump.
4) Install the new pump.
5) Perform testing, start-up, and commissioning as specified in Section 01756.
4. Rapid Mix System:
a. Constraints:
1) Conduct work on the rapid mix system during the dry weather season.
2) Work on the rapid mix pump system shall be completed within 3 months after initiation.
3) It may be necessary to shut down all four AWT units to complete the Work related to this element. All four AWT units may be shut down for no more than 8 hours; depending on the recycled water demand
Work Restrictions
01140-7 8660F10 July 12, 2023 - CONFORMED
pw://Carollo/Documents/Client/CA/Ukiah/8660F10/Specifications/New Scope/01140 (CONFORMED) in the distribution system, this duration may be reduced at the discretion of the Owner.
b. Possible Work Sequence:
1) Procure all equipment and materials required for rapid mix pump installation.
2) Install the rapid mix pump and assemble all necessary piping for the system prior to final connection.
3) Excavate around the final effluent pipe for access to install the rapid mix diffuser and piping.
4) Operations personnel to shut down the AWT pumps and close valves to the clarifier side of all AWT tanks.
5) Open the drain valves on the piping entering the AWT tanks to drain the pipe as much as possible. Use sump pumps routed to the nearest plant drain as required.
6) Assemble the rapid mix diffuser assembly prior to installation. 7) Access the pipe using the vault and use a sump pump to remove excess water as needed.
8) Install rapid mix diffuser assembly.
9) Operations personnel to resume normal operation of the plant, which will fill the pipe.
10) Perform testing, start-up, and commissioning as specified in Section 01756.
5. Chlorine Sampler at Backwash Pump Station:
a. Constraints:
1) Work on the chlorine sampler shall be completed within 4 weeks after initiation.
2) The final connection to the existing piping shall be completed in a single shutdown of less than 8 hours.
b. Possible Work Sequences:
1) Procure all equipment and materials required for the chlorine analyzer replacement.
2) Isolate the existing pump and chlorine analyzer.
3) Perform demolition work as indicated on the drawings:
a) Remove existing sample pump.
b) Remove existing chlorine analyzer.
4) Install new sample pump and chlorine analyzer.
5) Perform testing, start-up, and commissioning as specified in Section 01756.
6. Backwash Piping (Area 87):
a. Constraints:
1) Conduct work on AWT units during the dry weather season. 2) Work on valve shall be completed within 4 months after initiation. 3) This Work shall be completed prior to completion of the rehabilitation of the first AWT.
4) The final connection to the existing piping shall be completed in a single shutdown of less than 8 hours.
5) Contractor shall field verify dimensions of the backwash discharge header and prepare pipe layout drawings prior to installation of new piping configuration.
Work Restrictions
01140-8 8660F10 July 12, 2023 - CONFORMED
pw://Carollo/Documents/Client/CA/Ukiah/8660F10/Specifications/New Scope/01140 (CONFORMED) b. Possible Work Sequence:
1) Field verify dimensions and pipe material of backwash discharge header prior to submitting new shop drawings.
2) Procure all equipment and materials required for backwash piping improvements.
3) Assemble the piping configuration prior to installation. 4) Install new configuration.
5) Perform testing, start-up, and commissioning as specified in Section 01756.
7. Chorine Sampler at Dechlorination Structure:
a. Constraints:
1) Replace valve during the dry weather season.
2) Work on valve shall be completed within a week after initiation. 3) The final connection to the existing piping shall be completed in a single shutdown of less than 8 hours.
4) Discharge to the Russian River is not allowed while replacing the chlorine analyzer.
b. Possible Work Sequence:
1) Procure all equipment and materials required for replacing the chlorine sampler.
2) Assemble required new piping prior to installation.
3) Close valve leading to the Russian River and divert flow to the Carousel Pump Station.
4) Perform demolition work as indicated on the drawings:
a) Remove piping exiting the three-way valve and entering the chlorine analyzer.
b) Remove existing chlorine analyzer.
5) Install new piping and chlorine analyzer.
6) Perform testing, start-up, and commissioning as specified in Section 01756.
8. Valves at Dechlorination Structure:
a. Constraints:
1) Northern-most Valve (FCV-60102):
a) Replace valve during the dry weather season.
b) Work on valve shall be completed within a week after initiation. c) The final connection of the valve to the existing piping shall be completed in a single shutdown of less than 8 hours. Actuation of valve maybe be completed later.
2) Southern-most Valve (FCV-60100):
a) Replace valve between July 1 and September 1.
(1) Work shall occur during a low flow day, defined as
2.5 million gallons per day (mgd) or less.
b) Work on this valve shall not occur concurrently with any other shutdown.
c) Work on valve shall be completed within a week after initiation. d) The final connection to the existing piping shall be completed in a single shutdown of less than 8 hours. Actuation of valve maybe be completed later.
b. Possible Work Sequences:
1) Procure all equipment and materials required for replacing the valves.
Work Restrictions
01140-9 8660F10 July 12, 2023 - CONFORMED
pw://Carollo/Documents/Client/CA/Ukiah/8660F10/Specifications/New Scope/01140 (CONFORMED) 2) FCV-60102:
a) Shut down operation and draw down the level in the wet well. b) Drain the 24-inch pipe entering the dechlorination structure. c) Remove the existing valve.
d) Install the new valve and leave it in the closed position. e) Operations personnel to resume normal operation of the plant, which will fill the pipeline behind the closed valve.
f) Complete work by actuating the valve.
g) Perform testing, start-up, and commissioning as specified in Section 01756.
3) FCV-60100:
a) Stop work in all other areas to focus on replacing valve. b) Excavate the area to access the valve.
c) Divert flow to a secondary clarifier.
d) Shut down operation and drain the 24-inch pipe as much as possible.
e) Install the new valve and leave it in the closed position. f) Operations personnel to resume normal operation of the plant, which will fill the pipeline behind the closed valve.
g) Complete work by actuating the valve.
h) Perform testing, start-up, and commissioning as specified in Section 01756.
9. Carousel Pump Station:
a. Constraints:
1) Conduct work during the dry weather season.
2) Work shall be completed within 4 months after initiation. 3) Installation of the new pump shall be completed in a single shutdown of less than 8 hours.
4) Perform pipe work before work starts on the Production Augmentation Unit (PAU).
b. Possible Work Sequence:
1) Procure all equipment and materials required for the Carousel Pump Station.
2) Install new pump.
3) Excavate trench for pipe entering PAU and lay the pipe. 4) Perform testing, start-up, and commissioning as specified in Section 01756.
10. Production Augmentation Unit (PAU):
a. Constraints:
1) General:
a) Work shall be completed within 4 months after initiation. 2) Penetration into Structure 80:
a) Conduct work during the dry weather season.
(1) Work shall occur during a low flow day, defined as
2.5 million gallons per day (mgd) or less.
b) Work shall be completed within a week after initiation. c) Penetration into Structure 80 shall be completed in a single shutdown of less than 8 hours.
Work Restrictions
01140-10 8660F10 July 12, 2023 - CONFORMED
pw://Carollo/Documents/Client/CA/Ukiah/8660F10/Specifications/New Scope/01140 (CONFORMED) b. Possible Work Sequence:
1) PAU and PAU Pump Station:
a) Procure all equipment and materials required for the PAU pump station and PAU.
b) Excavate area to construct the PAU Pump station.
c) Construct structure.
d) Install new pump and slide gate.
e) Excavate trench for pipe alignment entering the PAU pump station and lay piping.
f) Grade PAU and line it.
g) Excavate trench for pipe alignment going to Structure 80. h) Lay piping to Structure 80.
i) Connect pipe to the penetration at Structure 80.
j) Perform testing, start-up, and commissioning as specified in Section 01756.
2) Penetration into Structure 80:
a) Procure all equipment and materials required for the PAU pump station and PAU.
b) Excavate the area around Structure 80 where penetration will be made.
c) Operations personnel to stop normal operation and drain Structure 80’s wet well.
d) Penetrate into Structure 80’s wall.
e) Blind flange pipe until ready to connect to the PAU Pump Station.
11. Digester Overflow Routing:
a. Constraints:
1) Work shall be completed within 7 months after initiation. 2) Contractor shall field the location, condition, pipe material, and outside diameter for existing 6 inch and 12 inch buried sludge piping prior to submitting new steel pipe shop drawings.
3) Perform work before work starts on the PAU.
b. Possible Work Sequence:
1) Excavate to field location, condition, pipe material, and outside diameter for existing 6 inch and 12 inch buried sludge piping prior to submitting new shop drawings.
2) Procure all equipment and materials required for digester overflow routing.
3) Isolate the existing 6 inch sludge piping.
4) Excavate and cut existing 6 inch sludge piping to provide a new 90-degree elbow.
5) Remove the cut portion of the 6 inch sludge pipe extending into the PAU.
6) Excavate trench for new 6 inch sludge pipe and lay it. 7) Perform testing, start-up, and commissioning as specified in Section 01756.
Work Restrictions
01140-11 8660F10 July 12, 2023 - CONFORMED
pw://Carollo/Documents/Client/CA/Ukiah/8660F10/Specifications/New Scope/01140 (CONFORMED)
12. Electrical Work:
a. Constraints:
1) Electrical, communication, instrumentation and process control improvements must be completed prior to or concurrently with the rest of the associated Work.
2) All existing loads shall remain powered and functional at all times except for up to 2 hours during relocation(s).
13. Instrumentation and Controls Work:
a. Constraints:
1) Electrical, communication, instrumentation and process control improvements must be completed prior to or concurrently with the rest of the associated Work.
2) All existing I/O points shall remain uninterrupted and functional at all times except for up to 2 hours during relocation(s).
D. Yard piping, electrical duct banks, and trenches:
1. Provide 1 open fire lane, designed for H-20 loadings, at all times during construction.
E. Provide safe, continuous access to process control equipment for plant operations and maintenance personnel.
F. Maintain truck access as required for plant operations and personnel.
G. Piping:
1. Provide temporary piping during construction for existing and new equipment to maintain plant operation in service during construction.
PART 2 PRODUCTS (NOT USED)
PART 3 EXECUTION (NOT USED)
END OF SECTION
Work Restrictions
01140-Attachment A 8660F10 July 12, 2023 - CONFORMED
pw://Carollo/Documents/Client/CA/Ukiah/8660F10/Specifications/New Scope/01140 (CONFORMED)
ATTACHMENT A - METHOD OF PROCEDURE (MOP)
Work Restrictions
01140-Attachment A-1 8660F10 July 12, 2023 - CONFORMED
pw://Carollo/Documents/Client/CA/Ukiah/8660F10/Specifications/New Scope/01140 (CONFORMED) “METHOD OF PROCEDURE” (MOP)
Instructions and Forms
Definition and Purpose
“Method of Procedure” (MOP) is a detailed document submitted by the Contractor to request process shutdown(s), utility tie-in(s), work in areas that may risk unanticipated outages, or flow diversions to accommodate site construction activities during a project. Such activities may include (but are not limited to) new tie-ins to utilities or structures, mechanical modifications to process piping or equipment, demolition, bulkhead installation, and cleaning processes.
The MOP provides a detailed plan to the Owner and Engineer that describes specific aspects of the work including purpose, time of execution, and anticipated impacts on treatment processes.
The MOP also includes contingency measures and provisions for rapid closure in the event that shutdown or work progress difficulties are encountered. Information from relevant trades associated with the requested shutdown, diversion, or tie-in is also included.
The Owner should use the information within the MOP to define operational procedures and methods to safely and successfully assist the Contractor.
MOP Process Summary
WHO STEP TIMING
Contractor 1. Identify MOPs needed on MOP Log and
Baseline Schedule.
No later than 7 days
prior to Preconstruction
Scheduling Meeting
Contractor, Owner,
Engineer
2. Pre-MOP Meeting. More than 28 days prior
to work
Contractor 3. Submits MOP. No later than 28 days
prior to work
Owner 4. Reviews MOP.
Owner 5. MOP finalized. No later than 7 days
prior to work
Contractor 6. Complete Readiness Checklist. No later than 5 days prior to work
Contractor 7. Complete Safety Checklist. Immediately prior to commencing work
Contractor 8. Complete Work.
Contractor 9. Update MOP Log and Progress
Schedules.
Monthly
Work Restrictions
01140-Attachment A-2 8660F10 July 12, 2023 - CONFORMED
pw://Carollo/Documents/Client/CA/Ukiah/8660F10/Specifications/New Scope/01140 (CONFORMED) MOP Process Detail
STEP 1. Identifies MOPs needed on MOP Log and Baseline Schedule.
Contractor submits a preliminary list of anticipated project MOPs on MOP Log. MOPs identified but not limited to those shutdowns, diversions, or tie-ins described in the Contract Documents.
Incorporate MOPs as tasks in Baseline Schedule. Date scheduled MOPs to coincide with the appropriate construction activities.
STEP 2. Pre-MOP Meeting.
Contractor requests a Pre-MOP Meeting with the Owner and Engineer to discuss the nature of the shutdown, diversion, or tie-in, and to gather the information necessary to complete the MOP Form. The pre-MOP meeting may be waived by the Owner or Engineer if the work is deemed to be minor.
STEP 3. Submits MOP.
Contractor completes the MOP Form and submit 3 copies for approval to the Owner’s Project Manager (OPM).
STEP 4. Reviews MOP.
OPM distributes MOP Form for review by the Owner’s Construction Coordinator, O&M Representative, and Engineer’s Project Representative. Review MOP Form for completeness, accuracy, compliance with both the construction schedule, constraints defined in contract documents, and to ensure that the requested work does not negatively impact plant operations or other concurrent project activities. Additional information may be requested to better understand the nature of and method for completing the Work.
STEP 5. MOP finalized.
Once the MOP is agreed to by all parties, the MOP will be finalized by signature. Copies are distributed to the Owner, Engineer, and Contractor.
STEP 6. Complete Readiness Checklist.
Contractor verifies everything is ready for the work.
STEP 7. Complete Safety Checklist.
Contractor ensures safety.
STEP 8. Complete work.
Contractor complete work.
STEP 9. Update MOP Log and Progress Schedules.
Contractor updates MOP Log weekly and distributes at the regularly scheduled construction progress meetings.
Work Restrictions
01140-Attachment B 8660F10 July 12, 2023 - CONFORMED
pw://Carollo/Documents/Client/CA/Ukiah/8660F10/Specifications/New Scope/01140 (CONFORMED)
ATTACHMENT B - METHOD OF PROCEDURE (MOP) FORM
Work Restrictions
01140-Attachment B-1 8660F10 July 12, 2023 - CONFORMED
pw://Carollo/Documents/Client/CA/Ukiah/8660F10/Specifications/New Scope/01140 (CONFORMED)
METHOD OF PROCEDURE
(MOP) FORM
Owner: City of Ukiah Date:
Contractor: Carollo Project No.: 08660F10M
Project
Name: Submittal No.:
Submittal
Title:
Spec/Dwg.
Reference:
MOP # Task Title (Provide <10 word title): Submittal Date: (No later than 28 days prior to work)
SCHEDULE OF WORK ACTIVITY START: (Date/Time) END: (Date/Time) REQUESTOR:
PRIMARY POINT OF CONTACT: PHONE/PAGER:
SECONDARY POINT OF CONTACT: PHONE/PAGER:
NOTIFY Control Room, Phone Security, Phone
BUILDING: LOCATION OF WORK FLOOR/LEVEL:
DESCRIPTION OF WORK: (Provide sufficient details on process isolation, work sequencing, and safety (i.e., control of significant hazards unique to the work) to demonstrate an understanding of the work and how it will be completed within the constraints, and its impact on the processes and facility.) Task Summary:
Processes
Affected:
Trades Affected:
WORK PLAN:
Work Sequencing:
Process Isolation:
Spill Prevention
Plan:
Contingency
Plans:
CRITICAL EQUIPMENT/TOOLS: (pumps and discharge hoses with correct fittings, blind flanges and pipe plugs, no-hub fittings, properly sized electrical service components, generators, portable lighting, chlorine for potable water pipe breaks, etc.)
Acoustic Ceiling/or Walls
Access
Excavation Permit Lock Out/Tag Out
Chemical Use Approval Fire Sprinkler Impairment Life Safety Systems Confined Space Permit Flammable Materials Roof Protocol Critical Lift Plan Flush / Discharge Work After Dark
Energized Electrical Work High Pressure Test
Elect. Panel Schedules Hot Work/Open Flame
EXISTING SERVICE(S) AT RISK:
Breathing Air Elect Normal Process Access Telephones
Chemical
Distribution
Fire Protection Safety Showers UPS
City Water HVAC SCADA VAX/DATA
Communication Inert Gas Security
Domestic Drain Instrument - Air Solvent Drain
Work Restrictions
01140-Attachment B-2 8660F10 July 12, 2023 - CONFORMED
pw://Carollo/Documents/Client/CA/Ukiah/8660F10/Specifications/New Scope/01140 (CONFORMED) Elect-Bus Duct Life Safety
System
Specialty Gases
Elect Emergency Natural Gas Storm Drain
REVIEWER’S INSTRUCTIONS /
COMMENTS:
PREJOB BRIEFING MUST BE COMPLETED PRIOR TO COMMENCING WORK:
Full Name (printed) Signature Phone Date
Submitted By
System Owner
Reviewer (if
needed)
Reviewer (if
needed)
Reviewer (if
needed)
Reviewer (if
needed)
Work Restrictions
01140-Attachment C 8660F10 July 12, 2023 - CONFORMED
pw://Carollo/Documents/Client/CA/Ukiah/8660F10/Specifications/New Scope/01140 (CONFORMED)
ATTACHMENT C - READINESS CHECKLIST
Work Restrictions
01140-Attachment C-1 8660F10 July 12, 2023 - CONFORMED
pw://Carollo/Documents/Client/CA/Ukiah/8660F10/Specifications/New Scope/01140 (CONFORMED)
READINESS CHECKLIST
(5 days prior to work)
Checklist provided as a guide but is not all inclusive.
1. Confirm all parts and materials are on site:
2. Review work plan:
3. Review contingency plan:
Work Restrictions
01140-Attachment D 8660F10 July 12, 2023 - CONFORMED
pw://Carollo/Documents/Client/CA/Ukiah/8660F10/Specifications/New Scope/01140 (CONFORMED)
ATTACHMENT D - SAFETY CHECKLIST
Work Restrictions
01140-Attachment D-1 8660F10 July 12, 2023 - CONFORMED
pw://Carollo/Documents/Client/CA/Ukiah/8660F10/Specifications/New Scope/01140 (CONFORMED)
SAFETY CHECKLIST
(Just prior to commencing work)
Checklist provided as a guide but is not all inclusive.
1. Location awareness:
a. Emergency exits:
b. Emergency shower and eyewash:
c. Telephones and phone numbers:
d. Shut-off valve:
e. Electrical disconnects:
2. Inspect work area:
a. Take time to survey the area you are working in. Ensure that what you want to do will work. Do you have enough clearance? Is your footing secure? Do you have adequate lighting and ventilation? Are surrounding utilities out of the way for you to perform your work?
3. SDS (Safety Data Sheets):
a. Understand the chemicals and substances in the area you are working in by reading the SDS.
4. Lockout/Tagout Procedure:
a. Lockout/tagout energy sources before beginning work. b. Make sure all valves associated with the work are locked out and tagged out on each side of the penetration.
c. Make sure the lines are depressurized.
5. Overhead work:
a. Use appropriate personal protective equipment; i.e., safety harness, lifeline, etc. b. Select appropriate tie-off points; i.e., structurally adequate, not a pipe or conduit, etc. c. Spotter assigned and in position.
d. Pipe rack access; i.e., check design capacity, protective decking or scaffolding in place, exposed valves or electrical switches identified and protected.
6. Safety equipment:
a. Shepherd's hook.
b. ARC flash protection.
c. Fire extinguisher.
d. Other: .
7. Accidents:
a. Should accidents occur, do not shut off and do not attempt to correct the situation, unless you are absolutely positive that your action will correct the problem and not adversely affect other people or equipment.
8. Review process start-up documents:
a. In the event the system is shutdown, the Control Center should have a working knowledge of the process start-up procedures in order to deal effectively with unforeseen events.
9. Evacuation procedures:
a. Do not obstruct evacuation routes.
b. Take time to survey the area for evacuation routes.
Work Restrictions
01140-Attachment E 8660F10 July 12, 2023 - CONFORMED
pw://Carollo/Documents/Client/CA/Ukiah/8660F10/Specifications/New Scope/01140 (CONFORMED)
ATTACHMENT E - METHOD OF PROCEDURE (MOP) LOG
Work Restrictions
01140-Attachment E-1 8660F10 July 12, 2023 - CONFORMED
pw://Carollo/Documents/Client/CA/Ukiah/8660F10/Specifications/New Scope/01140 (CONFORMED)
METHOD OF PROCEDURE (MOP) LOG
Sample
MOP
Number Task Title
Date
Requested
Date
Approved
Date Work
Planned
Work
Completed
(yes/no)
001
002
003