ACTION:
____________________________
Clerk/Secretary
Department: Engineering Item No: C5
Prepared by:
Erin Adams, Admin Programs Manager
Matt Atteberry, Engineering Division Mgr. Meeting Date: June 11, 2024 Approved by:
Greg Mayer, Director of Engineering
John Conley, City Manager Agenda Location: Consent Calendar SUBJECT: CIP 8913: BOBOLINK STORM DRAIN PROJECT – PHASE 2 – AWARD OF CONTRACT RECOMMENDATION:
1. Adopt City Council Resolution No. 2024- , awarding a construction contract to SRK Engineering, Inc. for the Bobolink Storm Drain Project – Phase 2 (CIP No. 8913).
2.Adopt City Council Resolution No. 2024- , amending the Capital Project Budget for Fiscal Years 2022/23 and 2023/24.
CORRELATION TO CITY COUNCIL GOALS: Routine operational item not directly corresponding to a specific City Council goal.
PRIOR ACTION: On June 28, 2022, adopted City Council Resolution No. 2022-108, approving the Six- Year Capital Improvement Program and FYs 2022/23 and 2023/24 Capital Project Budget and authorizing appropriations for Fiscal Years 2022/23 and 2023/24 Capital Projects (Vote: 4-0, Ritter absent (Ritter experienced technical difficulties)).
STATEMENT ON THE SUBJECT: Capital Improvement Project (CIP) No. 8913, Bobolink Storm Drain Project Phase 2, will install a storm drain from the Phase 1 location on East Avenue up to the plugged 36-inch storm drain on Bobolink Drive. This pipe segment will complete the storm drain system on Bobolink Drive. The area receives significant overland storm water flow from average rain events. By installing a storm drain at this location, the surface flows will be directed to the underground storm drain pipe network and will greatly reduce the ponding of water at the future roundabout being installed with the Townsite Complete Street Project.
The project was phased to allow for San Diego Gas & Electric (SDG&E) to perform gas and electric line relocations that are in conflict with the proposed storm drain alignment.
Staff advertised the project for competitive bids on April 10, 2024, on the City’s procurement website and online procurement portal, OpenGov. On May 7, 2024, the following bids were received:
Bidder’s Name Office Location Total Bid Amount
SRK Engineering, Inc. Escondido, CA $4,357,950
Granite Construction Company Carlsbad, CA $7,396,980
AGENDA
REPORT
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
SUCCESSOR AGENCY
BUENA SANITATION DISTRICT
JOINT POWERS FINANCING AUTHORITY
Approved above recommendation, adopted the following: 1) City Council Resolution No. 2024-80.
Vote: 5-0; 2) City Council Resolution No. 2024-81. Vote: 5-0.
MEETING DATE: June 11, 2024 PAGE 2
SUBJECT: CIP 8913: BOBOLINK STORM DRAIN PROJECT – PHASE 2 – AWARD OF CONTRACT Staff reviewed the bid from SRK Engineering, Inc., and determined they are the lowest responsible bidder who responded to all the requirements of the bid request. Therefore, staff recommends that the City Council award the contract for the Bobolink Storm Drain Project – Phase 2 (CIP No. 8913) to SRK Engineering, Inc.
FISCAL IMPACT: The construction contract is $4,357,950, with a 10 percent contingency for a total budget of $4,793,745. Approval of the staff recommendation will amend the Capital Projects Budget for Fiscal Years 2022/23 and 2023/24 by appropriating an additional $700,000 from General Fund Available Balance to the Bobolink Storm Drain Project (CIP No. 8913).
EXHIBITS:
1.City Council Resolution 2024- , awarding a construction contract to SRK Engineering, Inc. for the Bobolink Storm Drain Project – Phase 2 (CIP No. 8913)
2.City Council Resolution 2024- , amending the Capital Project Budget for Fiscal Years 2022/23 and 2023/24
3.Contract with SRK Engineering, Inc.
06/11/2024 C5 2 of 450
00029213 7
RESOLUTION NO. 2024-
A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF
VISTA, CALIFORNIA, AWARDING A CONSTRUCTION CONTRACT TO SRK ENGINEERING, INC. FOR THE BOBOLINK STORM DRAIN PROJECT – PHASE 2 (CIP NO. 8913)
The City Council of the City of Vista does resolve as follows:
1. Findings. The City Council hereby finds and declares the following:
A. The City solicited bids for the Bobolink Storm Drain Project – Phase 2 (CIP No. 8913) and on May 7, 2024 public bids for construction were opened and SRK Engineering, Inc. was the lowest bidder.
B. Staff determined that the bid submitted by SRK Engineering, Inc. in responsive in all material aspects to the request for bids, and that the bid from SRK Engineering, Inc. for construction of the Bobolink Storm Drain Project – Phase 2 has been determined to be the lowest responsive, responsible bidder.
2. Action.
A. The contract between the City of Vista and SRK Engineering, Inc. is approved, and the Mayor is authorized to execute the contract.
3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on June 11, 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
APPROVED AS TO FORM:
WALTER C. CHUNG, CITY ATTORNEY
By:
APPROVED
Walter C. Chung
20240530101336
JOHN B. FRANKLIN, MAYOR
ATTEST:
KATHY VALDEZ, CITY CLERK
By:
06/11/2024 C5 3 of 450
EXHIBIT 1
00029213 7
RESOLUTION NO. 2024-
A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF
VISTA, CALIFORNIA, AMENDING THE CAPITAL PROJECT BUDGET FOR FISCAL YEARS 2022/23 AND 2023/24
The City Council of the City of Vista does resolve as follows:
1.Findings. The City Council hereby finds and declares the following:
A.On June 28, 2022, the City Council adopted Resolution 2022-108 approving the Six-Year Capital Improvement Program, the Capital Project Budget for Fiscal Years 2022/23 and 2023/24, and authorizing appropriations for Fiscal Years 2022/23 and 2023/24 capital projects.
B.The City Council desires to amend the Capital Project Budget at this time to reflect changed circumstances.
2.Action.
A.The Capital Project Budget for Fiscal Years 2022/23 and 2023/24 is amended as set forth in Exhibit A.
3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on June 11, 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
APPROVED AS TO FORM:
WALTER CHUNG, CITY ATTORNEY
By:
JOHN FRANKLIN, MAYOR
ATTEST:
KATHY VALDEZ, CITY CLERK
By:
APPROVED
Walter C. Chung
20240117140803
06/11/2024 C5 4 of 450
EXHIBIT 2
RESOLUTION NO. 2024-
CITY COUNCIL FOR THE CHARTERED CITY OF VISTA
PAGE 1 EXHIBIT A
1. Account Number Account Description Increase Decrease 0010000.310410 General Fund Avaialble Balance 700,000$
0026555.578999.8913 Source Appropriation 700,000$
Appropriations are hereby made to fund the Bobolink Storm Drain Project (CIP No. 8913). 06/11/2024 C5 5 of 450
SUMMARY CONST – COV FED CLFRF
00106149 1 Page 1 of 3 SRK ENGINEERING, INC.
4869-7416-0318, v. 2
CONSTRUCTION CONTRACT
THIS CONTRACT is made and entered into as of _____________________________ (“Contract Date”), by and between the City of Vista, a chartered municipal corporation (“Agency”), and SRK Engineering, Inc., a California corporation (“Contractor”). Agency and Contractor are sometimes individually referred to as a “Party” and collectively as “Parties.” In consideration of the mutual covenants contained herein, Agency and Contractor agree as follows:
SECTION 1
The Contract Documents consisting of the PROJECT SPECIFICATIONS, comprised of the NOTICE INVITING BIDS, the INSTRUCTIONS TO BIDDERS, the accepted BID PROPOSAL; BID SCHEDULE; CONTRACTOR’S LICENSING STATEMENT; PROJECT REFERENCES; CONTRACTOR’S LIST OF SUBCONTRACTORS; CONTRACTOR’S CERTIFICATION ON FEDERAL CONTRACT REQUIREMENTS; CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS;
DISCLOSURE OF LOBBYING ACTIVITIES AND INSTRUCTIONS FOR COMPLETION OF SF- LLL, DISCLOSURE OF LOBBYING ACTIVITIES; EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION; NON-SEGREGATED FACILITIES CERTIFICATION; NON-LOBBYING CERTIFICATION FOR FEDERAL-AID CONTRACTS; NON-COLLUSION DECLARATION (Federal Form); ; BID SECURITY FORM (WITH BID BOND, CASH, CERTIFIED CHECK OR CASHIER’S CHECK INCLUDED); the CONSTRUCTION CONTRACT, PAYMENT BOND, CONTRACTOR’S CERTIFICATE, SUPPLEMENTARY GENERAL PROVISIONS, SUPPLEMENTARY TECHNICAL PROVISIONS, Special Provisions, Plans, Standard Plans and Specifications; together with all additions, deletions, modifications, appendices, and all addenda (No. 1), as prepared prior to the date of bid opening setting forth any modifications or interpretations of any said documents, are hereby incorporated in and made a part of this Contract as fully as if set forth herein.
SECTION 2
For and in consideration of the payments and agreements to be made and performed by the Agency as set forth in said Contract Documents, the Contractor agrees with the Agency to construct
BOBOLINK STORM DRAIN PROJECT PHASE 2
as specifically set forth in documents entitled
BOBOLINK STORM DRAIN PROJECT PHASE 2 CIP NOS. 8913, 8197 DWG. NO. 4000 for which award of the Contract was made, to furnish at his own proper cost and expense all plant, labor, services, materials, tools, equipment, supplies, transportation, utilities and all other items and facilities necessary therefore, as provided in the Contract Documents, and to do everything required therein. In accordance with the provisions of Section 3700 of the Labor Code, the Contractor will be required to secure the payment of Worker’s Compensation Insurance for its employees.
06/11/2024 C5 6 of 450
EXHIBIT 3
SUMMARY CONST – COV FED CLFRF
00106149 1 Page 2 of 3 SRK ENGINEERING, INC.
4869-7416-0318, v. 2
SECTION 3
For furnishing all said services and materials, payment of premiums on insurance policies, obtaining all permits and licenses of a temporary nature, furnishing and removing all plant, temporary work or structures, tools, and equipment, and for doing all the Work contemplated and embraced in this Contract, also for all loss and damage arising out of the nature of the aforesaid work during its progress or prior to acceptance from the action of the elements and from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work, and for all other risks of any description connected with the Work, also for all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as in the said Contract Documents are expressly stipulated to be borne by the Agency, and for well and faithfully completing the Work and the whole thereof within the stipulated time and in the manner shown and described in the said documents, and in accordance with the requirements of the Engineer under them, the Agency will pay, and the Contractor shall receive in full compensation therefore, the prices set forth by him in the accepted bid. The total compensation will be computed on the basis of the units of work actually performed in accordance with the requirements of the Contract Documents and paid for at the stipulated prices named in the BID SCHEDULE for completion of the Work.
SECTION 4
The Agency hereby promises and agrees with the said Contractor to employ, and does hereby employ the said Contractor to provide the materials and to do the Work according to the terms and conditions herein contained and referred to, for the price aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Contract Documents, and the Parties for themselves, their heirs, executors, administrators, successors and assigns do hereby agree to the full performance of the covenants herein contained.
SECTION 5
Contractor agrees to indemnify, defend, and save harmless, the Agency, its officers, agents, employees and volunteers from and against any and all claims, demands, damages, losses and expenses, defense costs including attorney fees, or liability of any kind or nature which the Agency, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property as a result of, arising out of, or in any manner connected with the Contractor’s performance under the terms of this Contract, caused in whole or in part by any negligent or willful acts or omission 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, except where caused by the active negligence, sole negligence, or willful misconduct of the Agency.
SECTION 6
Contractor agrees that the Payment Bond and Performance Bond attached to/submitted concurrently with this Contract are for reference purposes only, and shall not be considered a part of this Contract. Contractor further agrees that said bonds are separate obligations of the Contractor and its surety, and that any attorneys’ fee provision contained in any payment bond or performance bond shall not apply to this Contract. In the event there is any litigation between the Parties arising from the breach of this Contract, each Party will bear its own attorneys’ fees in the litigation.
06/11/2024 C5 7 of 450
SUMMARY CONST – COV FED CLFRF
00106149 1 Page 3 of 3 SRK ENGINEERING, INC.
4869-7416-0318, v. 2
SECTION 7
Contractor agrees to abide by all required contract provisions of federal-aid construction contracts, including Federal Coronavirus Local Fiscal Recovery Fund (CLFRF) requirements, per Exhibit A and Exhibit C, which is hereby incorporated in and made a part of this Contract as fully as if set forth herein. Contractor agrees to pay generally prevailing wages per the Federal Prevailing Wage Rate Determination as provided in Exhibit B or pursuant to California law (8 CCR § 16001) where California prevailing wage rates are higher than the applicable federal rate.
IN WITNESS WHEREOF, the Parties have caused this Contract to be executed as of the Contract Date.
CITY OF VISTA, a chartered municipal
corporation
By:
JOHN B. FRANKLIN, MAYOR
ATTEST:
KATHY VALDEZ, CITY CLERK
By:
APPROVED AS TO FORM:
WALTER CHUNG, CITY ATTORNEY
By:
RISK MANAGEMENT REVIEW:
DOLORES GASCON, RISK MANAGER
By:
SRK ENGINEERING, INC., a California
corporation
By:
Name/Title
By:
Name/Title
APPROVED
Amanda L. Guy
20240515092004
06/11/2024 C5 8 of 450
06/11/2024 C5 9 of 450
ADDENDUM NO. 1
Bobolink Storm Drain Project – Phase 2
Base Bid Items and Quantities
Bid
Item Description Of Work Qty. Unit
1 Mobilization & Demobilization
(5% maximum of Total Base Bid) 1 LS
2 Project Information Sign 1 EA
3 Public Notification per Supplementary
General Provisions, Section 7-12.2 1 LS
4 Storm Water Pollution Prevention and
Erosion Control 1 LS
5 Traffic Control, Construction Staging, and
Steel Trench Plate Covers 1 LS
6 Utility Potholing 1 LS
7 Coordinate with SDG&E and VID with any
conflicts 1 LS
8 Trench Excavation Plan, Sheeting, Shoring and
Bracing 1 LS
9 Dewatering Measures 1 LS
10 Unforeseen Field Conditions (stipulated
amount $50,000) 1 LS
11 Record Drawing (“As-Built”) Plans
(stipulated amount $1,500) 1 LS
12 Sewer Bypass Plan and Implementation 1 LS
13 Remove and Dispose Existing 48” Dia
Sewer Manhole 1 EA
14 Slurry Fill Existing 8” VCP Sewer Main,
Remove and Dispose Portions in Conflict 105 LF
15 Construct 60” Dia Sewer Manhole per COV
Standard SM-02 3 EA
16 Connect 8” SDR35 Sewer Main to Manhole
per SDRSD SM-04 6 EA
17 8” SDR35 Sewer Main 120 LF
18 New 4” Sewer Lateral from Sewer Main to
Property Line 4 EA
19 Remove Existing 36” RCP Concrete Plug
and Debris 1 LS
20 Remove 48” RCP Temporary Plug from
Phase 1 1 LS
06/11/2024 C5 10 of 450
ADDENDUM NO. 1
Bobolink Storm Drain Project – Phase 2
Bid
Item Description Of Work Qty. Unit
21 Construct PCC 6” Curb and Gutter per
SDRSD G-2 Over 6” Crushed Aggregate
Base
40 LF
22 2’ Trench Bottom Over Excavation 926 LF
23 18” RCP (D-2000 minimum) per COV
Standard Modified DRN-02 Detail A 105 LF
24 36” RCP (D-2000 minimum) per COV
Standard Modified DRN-02 Detail A 832 LF
25 Connect Existing 48” RCP to New 48” RCP 1 LS
26 48” RCP (D-2000 minimum) per COV
Standard Modified DRN-02 Detail A 926 LF
27 Modified Type ‘A-7’ storm drain cleanout
per SDRSD D-09, 5’x7’ 4 EA
28 Modified Type ‘A-6’ storm drain cleanout
per SDRSD D-09, 6’x5’ 4 EA
29 5’ Type ‘B’ curb inlet per SDRSD D-02
including stencil 2 EA
30 14’ Type ‘B’ curb inlet per SDRSD D-02
including stencil 1 EA
31 16’ Type ‘B’ curb inlet per SDRSD D-02
including stencil 1 EA
32 19’ Type ‘B’ curb inlet per SDRSD D-02
including stencil 1 EA
33 21’ Type ‘B’ curb inlet per SDRSD D-02
including stencil 1 EA
34 Construct 5’ Local Depression 6 EA
35 Construct 10’ Local Depression 6 EA
NOTE: Determination of the lowest bid shall be based solely on the lowest TOTAL BASE BID FOR IMPROVEMENTS. Unit prices shall prevail over extended total and grand total prices. Late bids will not be accepted.
2. Prevailing Wage Determination
Add the following prevailing wages to the contract documents:
The ARPA Bobolink Storm Drain Project, C.I.P. No. 8913 is a Federally funded project (American Rescue Plan Act, ARPA) that requires the prevailing wages to be fixed at least 10 days prior to the bid opening. Attached are the prevailing wages to use for this project.
END OF ADDENDUM
06/11/2024 C5 11 of 450
"General Decision Number: CA20240001 04/12/2024
Superseded General Decision Number: CA20230001
State: California
Construction Types: Building, Heavy (Heavy and Dredging), Highway and Residential
County: San Diego County in California.
BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does not include water well drilling); HIGHWAY CONSTRUCTION
PROJECTS; RESIDENTIAL CONSTRUCTION PROJECTS (consisting of single family homes and apartments up to and including 4 stories)
Note: Contracts subject to the Davis‐Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658.
Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis‐Bacon Act itself, but do not apply to contracts subject only to the Davis‐Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(1).
______________________________________________________________ |If the contract is entered |. Executive Order 14026 | |into on or after January 30, | generally applies to the | |2022, or the contract is | contract.|
|renewed or extended (e.g., an |. The contractor must pay | |option is exercised) on or | all covered workers at | |after January 30, 2022:| least $17.20 per hour (or | || the applicable wage rate |
|| listed on this wage |
|| determination, if it is |
|| higher) for all hours |
|| spent performing on the |
|| contract in 2024.|
|______________________________|_____________________________| |If the contract was awarded on|. Executive Order 13658 | |or between January 1, 2015 and| generally applies to the | |January 29, 2022, and the | contract.|
|contract is not renewed or |. The contractor must pay all| |extended on or after January | covered workers at least | |30, 2022:| $12.90 per hour (or the |
|| applicable wage rate listed|
|| on this wage determination,|
06/11/2024 C5 12 of 450
| | if it is higher) for all | | | hours spent performing on | | | that contract in 2024. | |______________________________|_____________________________| The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a
conformance request.
Additional information on contractor requirements and worker protections under the Executive Orders is available at
http://www.dol.gov/whd/govcontracts .
Modification Number Publication Date
0 01/05/2024
1 01/12/2024
2 02/09/2024
3 02/23/2024
4 04/05/2024
5 04/12/2024
ASBE0005‐002 09/01/2023
Rates Fringes
Asbestos Workers/Insulator
(Includes the application of
all insulating materials,
protective coverings,
coatings, and finishes to all
types of mechanical systems).....$ 49.58 25.27 Fire Stop Technician
(Application of Firestopping
Materials for wall openings
and penetrations in walls,
floors, ceilings and curtain
walls)...........................$ 36.97 20.36 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ASBE0005‐004 07/04/2022
Rates Fringes
Asbestos Removal
worker/hazardous material
handler (Includes
preparation, wetting,
06/11/2024 C5 13 of 450
stripping, removal,
scrapping, vacuuming, bagging
and disposing of all
insulation materials from
mechanical systems, whether
they contain asbestos or not)....$ 23.52 13.37 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ BOIL0092‐003 01/01/2024
Rates Fringes
BOILERMAKER......................$ 51.98 42.11 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ BRCA0004‐008 11/01/2022
Rates Fringes
BRICKLAYER; MARBLE SETTER........$ 44.65 19.00 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ BRCA0018‐004 06/01/2022
Rates Fringes
MARBLE FINISHER..................$ 37.87 14.13 TILE FINISHER....................$ 32.44 12.54 TILE LAYER.......................$ 45.05 18.33 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ BRCA0018‐010 09/01/2022
Rates Fringes
TERRAZZO FINISHER................$ 38.37 14.13 TERRAZZO WORKER/SETTER...........$ 46.49 14.66 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ CARP0213‐003 07/01/2021
Rates Fringes
Drywall
(1) Work on wood framed
construction of single
family residences,
apartments or condominiums
under four stories
Drywall Installer/Lather...$ 32.14 16.28
Drywall Stocker/Scrapper...$ 22.16 8.62
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ CARP0619‐002 07/01/2021
Rates Fringes
06/11/2024 C5 14 of 450
Drywall
(2) All other work
Drywall Installer/Lather...$ 42.80 16.28
Drywall Stocker/Scrapper...$ 23.07 8.62
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ CARP0619‐003 07/01/2021
Rates Fringes
CARPENTER
(1) Bridge.................$ 51.53 16.28
(2) Commercial Building....$ 46.30 16.28
(3) Heavy & Highway........$ 51.40 16.28
(4) Residential Carpenter..$ 38.47 16.28
(5) Residential
Insulation Installer........$ 24.16 15.76
PILEDRIVERMAN....................$ 51.53 16.28 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ CARP0619‐004 07/01/2021
Rates Fringes
Diver
(1) Wet.....................$ 831.20 16.28
(2) Standby.................$ 444.24 16.28
(3) Tender..................$ 436.24 16.28
(4) Assistant Tender........$ 412.24 16.28
Amounts in ""Rates' column are per day
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ CARP0721‐001 07/01/2021
Rates Fringes
Modular Furniture Installer......$ 21.85 7.15 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ CARP1607‐004 07/01/2021
Rates Fringes
MILLWRIGHT.......................$ 51.90 16.48 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ELEC0569‐001 06/05/2023
Rates Fringes
Electricians (Tunnel Work)
Cable Splicer...............$ 60.30 17.84
Electrician.................$ 59.46 17.81
06/11/2024 C5 15 of 450
Electricians: (All Other
Work, Including 4 Stories
Residential)
Cable Splicer...............$ 53.60 17.64
Electrician.................$ 52.85 17.62
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ELEC0569‐004 08/28/2023
Rates Fringes
ELECTRICIAN (Sound &
Communications Sound
Technician)......................$ 40.78 15.00 SCOPE OF WORK Assembly, installation, operation, service and maintenance of components or systems as used in closed circuit television, amplified master television distribution, CATV on private property, intercommunication, burglar alarm, fire alarm, life support and all security alarms, private and public telephone and related telephone interconnect, public address, paging, audio, language, electronic, background music system less than line voltage or any system acceptable for class two wiring for private, commercial, or industrial use furnished by leased wire, freuency modulation or other
recording devices, electrical apparatus by means of which electricity is applied to the amplification, transmission, transference, recording or reproduction of voice, music, sound, impulses and video. Excluded from this Scope of Work ‐ transmission, service and maintenance of background music.
All of the above shall include the installation and
transmission over fiber optics.
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ELEC0569‐005 08/28/2023
Rates Fringes
Sound & Communications
Sound Technician............$ 40.78 15.00
SCOPE OF WORK Assembly, installation, operation, service and maintenance of components or systems as used in closed circuit television, amplified master television distribution, CATV on private property, intercommunication, burglar alarm, fire alarm, life support and all security alarms, private and public telephone and related telephone interconnect, public address, paging, audio, language, electronic, background music system less than line voltage or any system acceptable for class two wiring for private, commercial, or industrial use furnished by leased wire, freuency modulation or other
recording devices, electrical apparatus by means of which electricity is applied to the amplification, transmission, transference, recording or reproduction of voice, music, 06/11/2024 C5 16 of 450
sound, impulses and video. Excluded from this Scope of Work ‐ transmission, service and maintenance of background music.
All of the above shall include the installation and
transmission over fiber optics.
SOUND TECHNICIAN: Terminating, operating and performing final check‐out
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ELEC0569‐006 06/06/2022
Work on street lighting; traffic signals; and underground systems and/or established easements outside of buildings Rates Fringes
Traffic signal, street light
and underground work
Utility Technician #1.......$ 38.67 9.11
Utility Technician #2.......$ 30.10 8.85
STREET LIGHT & TRAFFIC SIGNAL WORK:
UTILITY TECHNICIAN #1: Installation of street lights and traffic signals, including electrical circuitry,
programmable controller, pedestal‐mounted electrical meter enclosures and laying of pre‐assembled cable in ducts. The layout of electrical systems and communication installation including proper position of trench depths, and radius at duct banks, location for manholes, street lights and
traffic signals.
UTILITY TECHNICIAN #2: Distribution of material at jobsite, installation of underground ducts for electrical,
telephone, cable TV land communication systems. The
setting, leveling, grounding and racking of precast
manholes, handholes and transformer pads.
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ELEC0569‐008 06/05/2023
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ELECTRICIAN (Residential, 1‐3
Stories).........................$ 40.50 8.18 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ELEC1245‐001 06/01/2022
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06/11/2024 C5 17 of 450
LINE CONSTRUCTION
(1) Lineman; Cable splicer..$ 64.40 22.58
(2) Equipment specialist
(operates crawler
tractors, commercial motor
vehicles, backhoes,
trenchers, cranes (50 tons
and below), overhead &
underground distribution
line equipment).............$ 50.00 21.30
(3) Groundman...............$ 38.23 20.89
(4) Powderman...............$ 51.87 18.79
HOLIDAYS: New Year's Day, M.L. King Day, Memorial Day,
Independence Day, Labor Day, Veterans Day, Thanksgiving Day and day after Thanksgiving, Christmas Day
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ELEV0018‐001 01/01/2024
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ELEVATOR MECHANIC................$ 66.63 37.885+a+b FOOTNOTE:
a. PAID VACATION: Employer contributes 8% of regular hourly rate as vacation pay credit for employees with more than 5 years of service, and 6% for 6 months to 5 years of service. b. PAID HOLIDAYS: New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day.
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ENGI0012‐004 08/01/2023
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OPERATOR: Power Equipment
(DREDGING)
(1) Leverman................$ 64.10 34.60
(2) Dredge dozer............$ 58.13 34.60
(3) Deckmate................$ 58.02 34.60
(4) Winch operator (stern
winch on dredge)............$ 57.47 34.60
(5) Fireman‐Oiler,
Deckhand, Bargeman,
Leveehand...................$ 56.93 34.60
(6) Barge Mate..............$ 57.54 34.60
06/11/2024 C5 18 of 450
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ENGI0012‐024 07/01/2023
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OPERATOR: Power Equipment
(All Other Work)
GROUP 1....................$ 53.90 32.80
GROUP 2....................$ 54.68 32.80
GROUP 3....................$ 54.97 32.80
GROUP 4....................$ 56.46 32.80
GROUP 6....................$ 56.68 32.80
GROUP 8....................$ 56.79 32.80
GROUP 10....................$ 56.91 32.80
GROUP 12....................$ 57.08 32.80
GROUP 13....................$ 57.18 32.80
GROUP 14....................$ 57.21 32.80
GROUP 15....................$ 57.29 32.80
GROUP 16....................$ 57.41 32.80
GROUP 17....................$ 57.58 32.80
GROUP 18....................$ 57.68 32.80
GROUP 19....................$ 57.79 32.80
GROUP 20....................$ 57.91 32.80
GROUP 21....................$ 58.08 32.80
GROUP 22....................$ 58.18 32.80
GROUP 23....................$ 58.29 32.80
GROUP 24....................$ 58.41 32.80
GROUP 25....................$ 58.58 32.80
OPERATOR: Power Equipment
(Cranes, Piledriving &
Hoisting)
GROUP 1....................$ 55.25 32.80
GROUP 2....................$ 56.03 32.80
GROUP 3....................$ 56.32 32.80
GROUP 4....................$ 56.46 32.80
GROUP 5....................$ 56.68 32.80
GROUP 6....................$ 56.79 32.80
GROUP 7....................$ 56.91 32.80
GROUP 8....................$ 57.08 32.80
GROUP 9....................$ 57.25 32.80
GROUP 10....................$ 58.25 32.80
GROUP 11....................$ 59.25 32.80
GROUP 12....................$ 60.25 32.80
GROUP 13....................$ 61.25 32.80
OPERATOR: Power Equipment
(Tunnel Work)
GROUP 1....................$ 55.75 32.80
GROUP 2....................$ 56.53 32.80
GROUP 3....................$ 56.82 32.80
GROUP 4....................$ 56.96 32.80
06/11/2024 C5 19 of 450
GROUP 5....................$ 57.18 32.80
GROUP 6....................$ 57.29 32.80
GROUP 7....................$ 57.41 32.80
PREMIUM PAY:
$10.00 per hour shall be paid on all Power Equipment Operator work on the followng Military Bases: China Lake Naval
Reserve, Vandenberg AFB, Point Arguello, Seely Naval Base, Fort Irwin, Nebo Annex Marine Base, Marine Corp Logistics Base Yermo, Edwards AFB, 29 Palms Marine Base and Camp
Pendleton
Workers required to suit up and work in a hazardous material environment: $2.00 per hour additional. Combination mixer and compressor operator on gunite work shall be classified as a concrete mobile mixer operator.
SEE ZONE DEFINITIONS AFTER CLASSIFICATIONS
POWER EQUIPMENT OPERATORS CLASSIFICATIONS
GROUP 1: Bargeman; Brakeman; Compressor operator; Ditch Witch, with seat or similar type equipment; Elevator
operator‐inside; Engineer Oiler; Forklift operator
(includes loed, lull or similar types under 5 tons;
Generator operator; Generator, pump or compressor plant operator; Pump operator; Signalman; Switchman
GROUP 2: Asphalt‐rubber plant operator (nurse tank
operator);Coil Tubing Rig Operator, Concrete mixer
operator‐skip type; Conveyor operator; Fireman; Forklift operator (includes loed, lull or similar types over 5 tons; Hydrostatic pump operator; oiler crusher (asphalt or
concrete plant); Petromat laydown machine; PJU side dum jack; Screening and conveyor machine operator (or similar types); Skiploader (wheel type up to 3/4 yd. without
attachment); Tar pot fireman; Temporary heating plant
operator; Trenching machine oiler
GROUP 3: Asphalt‐rubber blend operator; Bobcat or similar type (Skid steer); Equipment greaser (rack); Ford Ferguson (with dragtype attachments); Helicopter radioman (ground); Stationary pipe wrapping and cleaning machine operator
GROUP 4: Asphalt plant fireman; Backhoe operator (mini‐max or similar type); Boring machine operator; Boxman or mixerman (asphalt or concrete); Chip spreading machine operator; Concrete cleaning decontamination machine operator;
Concrete Pump Operator (small portable);Direct Push
Operator (Geoprobe or similar types) Drilling machine
06/11/2024 C5 20 of 450
operator, small auger types (Texoma super economatic or similar types ‐ Hughes 100 or 200 or similar types ‐
drilling depth of 30' maximum); Equipment greaser (grease truck); Guard rail post driver operator; Highline cableway signalman; Hydra‐hammer‐aero stomper; Micro Tunneling
(above ground tunnel); Power concrete curing machine
operator; Power concrete saw operator; Power‐driven jumbo form setter operator; Power sweeper operator; Rock Wheel Saw/Trencher; Roller operator (compacting); Screed operator (asphalt or concrete); Trenching machine operator (up to 6 ft.); Vacuum or much truck
GROUP 6: Articulating material hauler; Asphalt plant
engineer; Batch plant operator; Bit sharpener; Concrete joint machine operator (canal and similar type); Concrete planer operator; Dandy digger; Deck engine operator;
Derrickman (oilfield type); Drilling machine operator,
bucket or auger types (Calweld 100 bucket or similar types ‐ Watson 1000 auger or similar types ‐ Texoma 330, 500 or 600 auger or similar types ‐ drilling depth of 45'
maximum); Drilling machine operator; Hydrographic seeder machine operator (straw, pulp or seed), Jackson track
maintainer, or similar type; Kalamazoo Switch tamper, or similar type; Machine tool operator; Maginnis internal full slab vibrator, Mechanical berm, curb or gutter(concrete or asphalt); Mechanical finisher operator (concrete,
Clary‐Johnson‐Bidwell or similar); Micro tunnel system
(below ground); Pavement breaker operator (truck mounted); Road oil mixing machine operator; Roller operator (asphalt or finish), rubber‐tired earth moving equipment (single engine, up to and including 25 yds. struck); Self‐propelled tar pipelining machine operator; Skiploader operator
(crawler and wheel type, over 3/4 yd. and up to and
including 1‐1/2 yds.); Slip form pump operator (power
driven hydraulic lifting device for concrete forms);
Tractor operator‐bulldozer, tamper‐scraper (single engine, up to 100 h.p. flywheel and similar types, up to and
including D‐5 and similar types); Tugger hoist operator (1 drum); Ultra high pressure waterjet cutting tool system operator; Vacuum blasting machine operator
GROUP 8: Asphalt or concrete spreading operator (tamping or finishing); Asphalt paving machine operator (Barber Greene or similar type); Asphalt‐rubber distribution operator; Backhoe operator (up to and including 3/4 yd.), small ford, Case or similar types; Cable Bundling Machine Operator
(excluding handheld); Cable Trenching Machine Operator
(Spider Plow or similar types) Cast‐in‐place pipe laying machine operator; Combination mixer and compressor operator 06/11/2024 C5 21 of 450
(gunite work); Compactor operator (self‐propelled);
Concrete mixer operator (paving); Crushing plant operator; Drill Doctor; Drilling machine operator, Bucket or auger types (Calweld 150 bucket or similar types ‐ Watson 1500, 2000 2500 auger or similar types ‐ Texoma 700, 800 auger or similar types ‐ drilling depth of 60' maximum); Elevating grader operator; Grade checker; Gradall operator; Grouting machine operator; Heavy‐duty repairman; Heavy equipment robotics operator; Kalamazoo balliste regulator or similar type; Kolman belt loader and similar type; Le Tourneau blob compactor or similar type; Loader operator (Athey, Euclid, Sierra and similar types); Mobark Chipper or similar; Ozzie padder or similar types; P.C. slot saw; Pneumatic concrete placing machine operator (Hackley‐Presswell or similar
type); Pumpcrete gun operator; RCM Cementing Unit Operator, Rail/Switch Grinder Operator (Harsco or similar types)
Rock Drill or similar types; Rotary drill operator
(excluding caisson type); Rubber‐tired earth‐moving
equipment operator (single engine, caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. up to and including 50 cu. yds. struck);
Rubber‐tired earth‐moving equipment operator (multiple
engine up to and including 25 yds. struck); Rubber‐tired scraper operator (self‐loading paddle wheel type‐John
Deere, 1040 and similar single unit); Self‐ propelled curb and gutter machine operator; Shuttle buggy; Skiploader
operator (crawler and wheel type over 1‐1/2 yds. up to and including 6‐1/2 yds.); Soil remediation plant operator; Surface heaters and planer operator; Tractor compressor drill combination operator; Tractor operator (any type
larger than D‐5 ‐ 100 flywheel h.p. and over, or
similar‐bulldozer, tamper, scraper and push tractor single engine); Tractor operator (boom attachments), Traveling pipe wrapping, cleaning and bendng machine operator;
Trenching machine operator (over 6 ft. depth capacity,
manufacturer's rating); trenching Machine with Road Miner attachment (over 6 ft depth capacity): Ultra high pressure waterjet cutting tool system mechanic; Water pull
(compaction) operator
GROUP 10: Drilling machine operator, Bucket or auger types (Calweld 200 B bucket or similar types‐Watson 3000 or 5000 auger or similar types‐Texoma 900 auger or similar
types‐drilling depth of 105' maximum); Dual drum mixer, dynamic compactor LDC350 (or similar types); Monorail
locomotive operator (diesel, gas or electric); Motor
patrol‐blade operator (single engine); Multiple engine
tractor operator (Euclid and similar type‐except Quad 9 cat.); Rubber‐tired earth‐moving equipment operator (single engine, over 50 yds. struck); Pneumatic pipe ramming tool 06/11/2024 C5 22 of 450
and similar types; Prestressed wrapping machine operator; Rubber‐tired earth‐moving equipment operator (single
engine, over 50 yds. struck); Rubber tired earth moving equipment operator (multiple engine, Euclid, caterpillar and similar over 25 yds. and up to 50 yds. struck), Tower crane repairman; Tractor loader operator (crawler and wheel type over 6‐1/2 yds.); Woods mixer operator (and similar Pugmill equipment)
GROUP 12: Auto grader operator; Automatic slip form operator; Drilling machine operator, bucket or auger types (Calweld, auger 200 CA or similar types ‐ Watson, auger 6000 or
similar types ‐ Hughes Super Duty, auger 200 or similar types ‐ drilling depth of 175' maximum); Hoe ram or similar with compressor; Mass excavator operator less tha 750 cu. yards; Mechanical finishing machine operator; Mobile form traveler operator; Motor patrol operator (multi‐engine); Pipe mobile machine operator; Rubber‐tired earth‐ moving equipment operator (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck); Rubber‐tired self‐ loading scraper operator (paddle‐wheel‐auger type self‐loading ‐ two (2) or more units)
GROUP 13: Rubber‐tired earth‐moving equipment operator
operating equipment with push‐pull system (single engine, up to and including 25 yds. struck)
GROUP 14: Canal liner operator; Canal trimmer operator; Remote‐ control earth‐moving equipment operator (operating a second piece of equipment: $1.00 per hour additional); Wheel excavator operator (over 750 cu. yds.)
GROUP 15: Rubber‐tired earth‐moving equipment operator, operating equipment with push‐pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber‐tired earth‐moving equipment operator, operating equipment with push‐pull system (multiple
engine‐up to and including 25 yds. struck)
GROUP 16: Rubber‐tired earth‐moving equipment operator, operating equipment with push‐pull system (single engine, over 50 yds. struck); Rubber‐tired earth‐moving equipment operator, operating equipment with push‐pull system
(multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck)
GROUP 17: Rubber‐tired earth‐moving equipment operator, operating equipment with push‐pull system (multiple engine, Euclid, Caterpillar and similar, over 50 cu. yds. struck); 06/11/2024 C5 23 of 450
Tandem tractor operator (operating crawler type tractors in tandem ‐ Quad 9 and similar type)
GROUP 18: Rubber‐tired earth‐moving equipment operator, operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units ‐
single engine, up to and including 25 yds. struck)
GROUP 19: Rotex concrete belt operator (or similar types); Rubber‐tired earth‐moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any
combination, excluding compaction units ‐ single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds.and up to and including 50 cu. yds. struck); Rubber‐tired earth‐moving equipment
operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction
units ‐ multiple engine, up to and including 25 yds. struck) GROUP 20: Rubber‐tired earth‐moving equipment operator, operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units ‐
single engine, over 50 yds. struck); Rubber‐tired
earth‐moving equipment operator, operating in tandem
(scrapers, belly dumps, and similar types in any
combination, excluding compaction units ‐ multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck)
GROUP 21: Rubber‐tired earth‐moving equipment operator, operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units ‐
multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck)
GROUP 22: Rubber‐tired earth‐moving equipment operator, operating equipment with the tandem push‐pull system
(single engine, up to and including 25 yds. struck)
GROUP 23: Rubber‐tired earth‐moving equipment operator, operating equipment with the tandem push‐pull system
(single engine, Caterpillar, Euclid, Athey Wagon and
similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber‐tired
earth‐moving equipment operator, operating with the tandem push‐pull system (multiple engine, up to and including 25 yds. struck)
GROUP 24: Rubber‐tired earth‐moving equipment operator, operating equipment with the tandem push‐pull system
06/11/2024 C5 24 of 450
(single engine, over 50 yds. struck); Rubber‐tired
earth‐moving equipment operator, operating equipment with the tandem push‐pull system (multiple engine, Euclid,
Caterpillar and similar, over 25 yds. and up to 50 yds. struck)
GROUP 25: Concrete pump operator‐truck mounted; Rubber‐tired earth‐moving equipment operator, operating equipment with the tandem push‐pull system (multiple engine, Euclid,
Caterpillar and similar type, over 50 cu. yds. struck); Spyder Excavator Operator, with all attachments
CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS GROUP 1: Engineer oiler; Fork lift operator (includes loed, lull or similar types)
GROUP 2: Truck crane oiler
GROUP 3: A‐frame or winch truck operator; Ross carrier
operator (jobsite)
GROUP 4: Bridge‐type unloader and turntable operator;
Helicopter hoist operator
GROUP 5: Hydraulic boom truck; Stinger crane (Austin‐Western or similar type); Tugger hoist operator (1 drum)
GROUP 6: Bridge crane operator; Cretor crane operator; Hoist operator (Chicago boom and similar type); Lift mobile
operator; Lift slab machine operator (Vagtborg and similar types); Material hoist and/or manlift operator; Polar
gantry crane operator; Self Climbing scaffold (or similar type); Shovel, backhoe, dragline, clamshell operator (over 3/4 yd. and up to 5 cu. yds. mrc); Tugger hoist operator GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline, clamshell operator (over 5 cu. yds. mrc); Tower crane
repair; Tugger hoist operator (3 drum)
GROUP 8: Crane operator (up to and including 25 ton
capacity); Crawler transporter operator; Derrick barge
operator (up to and including 25 ton capacity); Hoist
operator, stiff legs, Guy derrick or similar type (up to and including 25 ton capacity); Shovel, backhoe, dragline, clamshell operator (over 7 cu. yds., M.R.C.)
GROUP 9: Crane operator (over 25 tons and up to and including 50 tons mrc); Derrick barge operator (over 25 tons up to and including 50 tons mrc); Highline cableway operator; 06/11/2024 C5 25 of 450
Hoist operator, stiff legs, Guy derrick or similar type (over 25 tons up to and including 50 tons mrc); K‐crane operator; Polar crane operator; Self erecting tower crane operator maximum lifting capacity ten tons
GROUP 10: Crane operator (over 50 tons and up to and
including 100 tons mrc); Derrick barge operator (over 50 tons up to and including 100 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 50 tons up to and including 100 tons mrc), Mobile tower crane operator (over 50 tons, up to and including 100 tons M.R.C.);
GROUP 11: Crane operator (over 100 tons and up to and
including 200 tons mrc); Derrick barge operator (over 100 tons up to and including 200 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 100 tons up to and including 200 tons mrc); Mobile tower crane operator (over 100 tons up to and including 200 tons mrc) ; Tower crane operator and tower gantry
GROUP 12: Crane operator (over 200 tons up to and including 300 tons mrc); Derrick barge operator (over 200 tons up to and including 300 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 200 tons, up to and
including 300 tons mrc); Mobile tower crane operator (over 200 tons, up to and including 300 tons mrc)
GROUP 13: Crane operator (over 300 tons); Derrick barge operator (over 300 tons); Helicopter pilot; Hoist operator, stiff legs, Guy derrick or similar type (over 300 tons); Mobile tower crane operator (over 300 tons)
TUNNEL CLASSIFICATIONS
GROUP 1: Skiploader (wheel type up to 3/4 yd. without
attachment)
GROUP 2: Power‐driven jumbo form setter operator
GROUP 3: Dinkey locomotive or motorperson (up to and
including 10 tons)
GROUP 4: Bit sharpener; Equipment greaser (grease truck); Slip form pump operator (power‐driven hydraulic lifting device for concrete forms); Tugger hoist operator (1 drum); Tunnel locomotive operator (over 10 and up to and including 30 tons)
GROUP 5: Backhoe operator (up to and including 3/4 yd.); Small Ford, Case or similar; Drill doctor; Grouting machine 06/11/2024 C5 26 of 450
operator; Heading shield operator; Heavy‐duty repairperson; Loader operator (Athey, Euclid, Sierra and similar types); Mucking machine operator (1/4 yd., rubber‐tired, rail or track type); Pneumatic concrete placing machine operator (Hackley‐Presswell or similar type); Pneumatic heading
shield (tunnel); Pumpcrete gun operator; Tractor compressor drill combination operator; Tugger hoist operator (2 drum); Tunnel locomotive operator (over 30 tons)
GROUP 6: Heavy Duty Repairman
GROUP 7: Tunnel mole boring machine operator
ENGINEERS ZONES
$1.00 additional per hour for all of IMPERIAL County and the portions of KERN, RIVERSIDE & SAN BERNARDINO Counties as defined below:
That area within the following Boundary: Begin in San
Bernardino County, approximately 3 miles NE of the intersection of I‐15 and the California State line at that point which is the NW corner of Section 1, T17N,m R14E, San Bernardino Meridian. Continue W in a straight line to that point which is the SW corner of the northwest quarter of Section 6, T27S, R42E, Mt. Diablo Meridian. Continue North to the intersection with the Inyo County Boundary at that point which is the NE corner of the western half of the northern quarter of Section 6, T25S, R42E, MDM. Continue W along the Inyo and San
Bernardino County boundary until the intersection with Kern County, as that point which is the SE corner of Section 34, T24S, R40E, MDM. Continue W along the Inyo and Kern County boundary until the intersection with Tulare County, at that point which is the SW corner of the SE quarter of Section 32, T24S, R37E, MDM. Continue W along the Kern and Tulare County boundary, until that point which is the NW corner of T25S, R32E, MDM. Continue S following R32E lines to the NW corner of T31S, R32E, MDM. Continue W to the NW corner of T31S, R31E, MDM. Continue S to the SW corner of T32S, R31E, MDM. Continue W to SW corner of SE quarter of Section 34, T32S, R30E, MDM.
Continue S to SW corner of T11N, R17W, SBM. Continue E along south boundary of T11N, SBM to SW corner of T11N, R7W, SBM.
Continue S to SW corner of T9N, R7W, SBM. Continue E along south boundary of T9N, SBM to SW corner of T9N, R1E, SBM.
Continue S along west boundary of R1E, SMB to Riverside County line at the SW corner of T1S, R1E, SBM. Continue E along south boundary of T1s, SBM (Riverside County Line) to SW corner of T1S, R10E, SBM. Continue S along west boundary of R10E, SBM to Imperial County line at the SW corner of T8S, R10E, SBM.
Continue W along Imperial and Riverside county line to NW 06/11/2024 C5 27 of 450
corner of T9S, R9E, SBM. Continue S along the boundary between Imperial and San Diego Counties, along the west edge of R9E, SBM to the south boundary of Imperial County/California state line. Follow the California state line west to Arizona state line, then north to Nevada state line, then continuing NW back to start at the point which is the NW corner of Section 1, T17N, R14E, SBM
$1.00 additional per hour for portions of SAN LUIS OBISPO, KERN, SANTA BARBARA & VENTURA as defined below:
That area within the following Boundary: Begin approximately 5 miles north of the community of Cholame, on the Monterey County and San Luis Obispo County boundary at the NW corner of T25S, R16E, Mt. Diablo Meridian. Continue south along the west side of R16E to the SW corner of T30S, R16E, MDM. Continue E to SW corner of T30S, R17E, MDM. Continue S to SW corner of T31S, R17E, MDM. Continue E to SW corner of T31S, R18E, MDM.
Continue S along West side of R18E, MDM as it crosses into San Bernardino Meridian numbering area and becomes R30W. Follow the west side of R30W, SBM to the SW corner of T9N, R30W, SBM.
Continue E along the south edge of T9N, SBM to the Santa Barbara County and Ventura County boundary at that point whch is the SW corner of Section 34.T9N, R24W, SBM, continue S along the Ventura County line to that point which is the SW corner of the SE quarter of Section 32, T7N, R24W, SBM. Continue E along the south edge of T7N, SBM to the SE corner to T7N, R21W, SBM. Continue N along East side of R21W, SBM to Ventura County and Kern County boundary at the NE corner of T8N, R21W.
Continue W along the Ventura County and Kern County boundary to the SE corner of T9N, R21W. Continue North along the East edge of R21W, SBM to the NE corner of T12N, R21W, SBM. Continue West along the north edge of T12N, SBM to the SE corner of T32S, R21E, MDM. [T12N SBM is a think strip between T11N SBM and T32S MDM]. Continue North along the East side of R21E, MDM to the Kings County and Kern County border at the NE corner of T25S, R21E, MDM, continue West along the Kings County and Kern County Boundary until the intersection of San Luis Obispo County. Continue west along the Kings County and San Luis Obispo County boundary until the intersection with Monterey County. Continue West along the Monterey County and San Luis Obispo County boundary to the beginning point at the NW corner of T25S, R16E, MDM.
$2.00 additional per hour for INYO and MONO Counties and the Northern portion of SAN BERNARDINO County as defined below:
That area within the following Boundary: Begin at the
intersection of the northern boundary of Mono County and the 06/11/2024 C5 28 of 450
California state line at the point which is the center of Section 17, T10N, R22E, Mt. Diablo Meridian. Continue S then SE along the entire western boundary of Mono County, until it reaches Inyo County at the point which is the NE corner of the Western half of the NW quarter of Section 2, T8S, R29E, MDM.
Continue SSE along the entire western boundary of Inyo County, until the intersection with Kern County at the point which is the SW corner of the SE 1/4 of Section 32, T24S, R37E, MDM.
Continue E along the Inyo and Kern County boundary until the intersection with San Bernardino County at that point which is the SE corner of section 34, T24S, R40E, MDM. Continue E along the Inyo and San Bernardino County boundary until the point which is the NE corner of the Western half of the NW quarter of Section 6, T25S, R42E, MDM. Continue S to that point which is the SW corner of the NW quarter of Section 6, T27S, R42E, MDM.
Continue E in a straight line to the California and Nevada state border at the point which is the NW corner of Section 1, T17N, R14E, San Bernardino Meridian. Then continue NW along the state line to the starting point, which is the center of Section 18, T10N, R22E, MDM.
REMAINING AREA NOT DEFINED ABOVE RECIEVES BASE RATE
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ IRON0229‐001 01/01/2024
Rates Fringes
IRONWORKER
Fence Erector...............$ 42.53 26.26
Ornamental, Reinforcing
and Structural..............$ 47.45 34.90
PREMIUM PAY:
$6.00 additional per hour at the following locations:
China Lake Naval Test Station, Chocolate Mountains Naval Reserve‐Niland,
Edwards AFB, Fort Irwin Military Station, Fort Irwin Training Center‐Goldstone, San Clemente Island, San Nicholas Island, Susanville Federal Prison, 29 Palms ‐ Marine Corps, U.S. Marine Base ‐ Barstow, U.S. Naval Air Facility ‐ Sealey, Vandenberg AFB $4.00 additional per hour at the following locations:
Army Defense Language Institute ‐ Monterey, Fallon Air Base, Naval Post Graduate School ‐ Monterey, Yermo Marine Corps Logistics Center
06/11/2024 C5 29 of 450
$2.00 additional per hour at the following locations:
Port Hueneme, Port Mugu, U.S. Coast Guard Station ‐ Two Rock ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ LABO0089‐001 07/01/2022
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LABORER (BUILDING and all
other Residential
Construction)
Group 1.....................$ 37.68 22.44
Group 2.....................$ 38.37 22.44
Group 3.....................$ 39.12 22.44
Group 4.....................$ 39.98 22.44
Group 5.....................$ 41.60 22.44
LABORER (RESIDENTIAL
CONSTRUCTION ‐ See definition
below)
(1) Laborer.................$ 35.58 20.77
(2) Cleanup, Landscape,
Fencing (Chain Link & Wood).$ 34.29 20.77
RESIDENTIAL DEFINITION: Wood or metal frame construction of single family residences, apartments and condominums ‐
excluding (a) projects that exceed three stories over a garage level, (b) any utility work such as telephone, gas, water, sewer and other utilities and (c) any fine grading work, utility work or paving work in the future street and public right‐of‐way; but including all rough grading work at the job site behind the existing right of way
LABORER CLASSIFICATIONS
GROUP 1: Cleaning and handling of panel forms; Concrete Screeding for Rought Strike‐off; Concrete, water curing; Demolition laborer; Flagman; Gas, oil and/or water pipeline laborer; General Laborer; General clean‐up laborer;
Landscape laborer; Jetting laborer; Temporary water and air lines laborer; Material hoseman (walls, slabs, floors and decks); Plugging, filling of Shee‐bolt holes; Dry
packing of concrete; Railroad maintenance, Repair Trackman and road beds, Streetcar and railroad construction trac laborers; Slip form raisers; Slurry seal crews (mixer
operator, applicator operator, squeegee man, Shuttle man, top man), filling of cracks by any method on any surface; Tarman and mortar man; Tool crib or tool house laborer; 06/11/2024 C5 30 of 450
Window cleaner; Wire Mesh puling‐all concrete pouring
operations
GROUP 2: Asphalt Shoveler; Cement Dumper (on 1 yard or larger mixer and handling bulk cement); Cesspool digger and
installer; Chucktender; Chute man, pouring concrete, the handling of the cute from ready mix trucks, such as walls, slabs, decks, floors, foundations, footings, curbs, gutters and sidewalks; Concrete curer‐impervious membrane and form oiler; Cutting torch operator (demoliton); Guinea chaser; Headboard man‐asphlt; Laborer,
packing rod steel and pans; membrane vapor barrier installer; Power broom sweepers (small); Riiprap, stonepaver, placing stone or wet sacked concrete; Roto scraper and tiller; Tank sealer and cleaner; Tree climber, faller, chain saw
operator, Pittsburgh Chipper and similar type brush
shredders; Underground laborers, including caisson bellower GROUP 3: Buggymobile; Concrete cutting torch; Concrete
cutting torch; Concrete pile cutter; Driller, jackhammer, 2 1/2 feet drill steel or longer; Dri Pak‐it machine; High sealer (including drilling of same); Hydro seeder and
similar type; Impact wrench, mult‐plate; Kettlemen, potmen and mean applying asphalt, lay‐kold, creosote, line caustic and similar type materials (applying means applying,
dipping, brushing or handling of such materials for pipe wrapping and waterproofing); Operators of pneumatic, gas, electric tools, vibratring machines, pavement breakers, air blasting, come‐along, and similar mechanical tools not
separately classified herein; Pipelayers back up man
coating, grouting, making of joints, sealing, caulking, diapering and inclduing rubber gasket joints, pointing and any and all other services; Rotary Scarifier or multiple head concrete chipping scaarifier; Steel header board man and guideline setter; Tampers, Barko, Wacker and similar type; Trenching machine, handpropelled
GROUP 4: Asphalt raker, luterman, ironer, apshalt dumpman and asphalt spreader boxes (all types); Concrete core cutter (walls, floors or ceilings), Grinder or sander; Concrete saw man; cutting walls or flat work, scoring old or new concrete; Cribber, shorer, lagging, sheeting and trench bracing, hand‐guided lagging hammer; Laser beam in
connection with laborer's work; Oversize concrete vibrator operator 70 pounds and over; Pipelayer performing all
services in the laying, installation and all forms of
connection of pipe from the point of receiving pipe in the ditch until completion of oepration, including any and all forms of tubular material, whether pipe, metallic or
non‐metallic, conduit, and any other stationary type of 06/11/2024 C5 31 of 450
tubular device used for the conveying of any substance or element, whether water, sewage, solid, gas, air or other product whatsoever and without regard to the nature of
material from which the tubular material is fabricated; No joint pipe and stripping of same; Prefabricated manhole installer; Sandblaster (nozzleman), Porta shot‐blast, water blasting
GROUP 5: Blasters Powderman‐All work of loading holes,
placing and blasting of all pwder and explosives of
whatever type, regardless of method used for such loading and placing; Driller‐all power drills, excluding
jackhammer, whether core, diamond, wagon, track, multiple unit, and any and all other types of mechanical drills
without regard to the form of motive power.
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ LABO0089‐002 11/01/2020
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LABORER (MASON TENDER)...........$ 33.00 19.23 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ LABO0089‐004 07/01/2022
HEAVY AND HIGHWAY CONSTRUCTION
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Laborers:
Group 1.....................$ 38.80 22.44
Group 2.....................$ 39.27 22.44
Group 3.....................$ 39.72 22.44
Group 4.....................$ 40.62 22.44
Group 5.....................$ 43.58 22.44
LABORER CLASSIFICATIONS
GROUP 1: Laborer: General or Construction Laborer, Landscape Laborer. Asphalt Rubber Material Loader. Boring Machine Tender (outside), Carpenter Laborer (cleaning, handling, oiling & blowing of panel forms and lumber), Concrete
Laborer, Concrete Screeding for rough strike‐off, Concrete water curing. Concrete Curb & Gutter laborer, Certified Confined Space Laborer, Demolition laborer & Cleaning of Brick and lumber,Expansion Joint Caulking; Environmental Remediation, Monitoring Well, Toxic waste and Geotechnical Drill tender, Fine Grader, Fire Watcher, Limbers, Brush Loader, Pilers and Debris Handlers. flagman. Gas Oil and Water Pipeline Laborer. Material Hoseman (slabs, walls, 06/11/2024 C5 32 of 450
floors, decks); Plugging, filling of shee bolt holes; Dry packing of concrete and patching; Post Holer Digger
(manual); Railroad maintenance, repair trackman, road beds; Rigging & signaling; Scaler, Slip‐Form Raisers, Filling cracks on any surface, tool Crib or Tool House Laborer, Traffic control (signs, barriers, barricades, delineator, cones etc.), Window Cleaner
GROUP 2: Asphalt abatement; Buggymobile; Cement dumper (on 1 yd. or larger mixers and handling bulk cement); Concrete curer, impervious membrane and form oiler; Chute man,
pouring concrete; Concrete cutting torch; Concrete pile cutter; driller/Jackhammer, with drill steel 2 1/'2 feet or longer; Dry pak‐it machine; Fence erector; Pipeline
wrapper, gas, oil, water, pot tender & form man; Grout man; Installation of all asphalt overlay fabric and materials used for reinforcing asphalt; Irrigation laborer;
Kettleman‐Potman hot mop, includes applying asphalt,
lay‐klold, creosote, lime caustic and similar tyhpes of materials (dipping, brushing, handling) and waterproofing; Membrane vapor barrier installer; Pipelayer backup man
(coating, grouting, making of joints, sealing caulkiing, diapering including rubber basket joints, pointing);
Rotary scarifier, multiple head concrete chipper; Rock
slinger; Roto scraper & tiller; Sandblaster pot tender; Septic tank digger/installer; Tamper/wacker operator; Tank scaler & cleaner; Tar man & mortar man; Tree
climber/faller, chainb saw operator, Pittsburgh chipper & similar type brush shredders.
GROUP 3: Asphalt, installation of all frabrics; Buggy Mobile Man, Bushing hammer; Compactor (all types), Concrete Curer ‐ Impervious membrane, Form Oiler, Concrete Cutting Torch, Concrete Pile Cutter,Driller/Jackhammer with drill steel 2 1/2 ft or longer, Dry Pak‐it machine, Fence erector
including manual post hole digging, Gas oil or water
Pipeline Wrapper ‐ 6 ft pipe and over, Guradrail erector, Hydro seeder, Impact Wrench man (multi plate),
kettleman‐Potman Hot Mop includes applying Asphalt,
Lay‐Kold, Creosote, lime caustic and similar types of
materials (dipping, brushing or handling) and
waterproofing. Laser Beam in connection with Laborer work.
High Scaler, Operators of Pneumatic Gas or Electric Tools, Vibrating Machines, Pavement Breakers, Air Blasting,
Come‐Alongs and similar mechanical tools, Remote‐Controlled Robotic Tools in connection with Laborers work. Pipelayer Backup Man (Coating, grouting,m makeing of joints, sealing, caulking, diapering including rubber gasket joints,
pointing and other services). Power Post Hole Digger,
Rotary Scarifier (multiple head concrete chipper
06/11/2024 C5 33 of 450
scarifier), Rock Slinger, Shot Blast equipment (8 to 48 inches), Steel Headerboard Man and Guideline Setter,
Tamper/Wacker operator and similar types, Trenching Machine hand propelled.
GROUP 4: Any worker exposed to raw sewage. Asphalt Raker, Luteman, Asphalt Dumpman, Asphalt Spreader Boxes, Concrete Core Cutter, Concrete Saw Man, Cribber, Shorer, Head Rock Slinger. Installation of subsurface instrumentation,
monitoring wells or points, remediation system installer; Laborer, asphalt‐rubber distributor bootman; Oversize
concrete vibrator operators, 70 pounds or over. Pipelayer, Prfefabricated Manhole Installer, Sandblast Nozzleman
(Water Balsting‐Porta Shot Blast), Traffic Lane Closure.
GROUP 5: Blasters Powderman‐All work of loading holes,
placing and blasting of all powder and explosives of
whatever type, regardless of method used for such loading and placing; Horizontal directional driller, Boring system, Electronic traking, Driller: all power drills excluding jackhammer, whether core, diamond, wagon, track, multiple unit, and all other types of mechanical drills without
regard to form of motive power. Environmental remediation, Monitoring well, Toxic waste and Geotechnical driller,
Toxic waste removal. Welding in connection with Laborer's work.
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ LABO0300‐005 08/01/2022
Rates Fringes
Asbestos Removal Laborer.........$ 39.23 23.28 SCOPE OF WORK: Includes site mobilization, initial site cleanup, site preparation, removal of asbestos‐containing material and toxic waste, encapsulation, enclosure and
disposal of asbestos‐ containing materials and toxic waste by hand or with equipment or machinery; scaffolding,
fabrication of temporary wooden barriers and assembly of decontamination stations.
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ LABO0345‐001 07/01/2022
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LABORER (GUNITE)
GROUP 1.....................$ 48.50 21.37
GROUP 2.....................$ 47.55 21.37
06/11/2024 C5 34 of 450
GROUP 3.....................$ 44.01 21.37
FOOTNOTE: GUNITE PREMIUM PAY: Workers working from a
Bosn'n's Chair or suspended from a rope or cable shall receive 40 cents per hour above the foregoing applicable classification rates. Workers doing gunite and/or
shotcrete work in a tunnel shall receive 35 cents per hour above the foregoing applicable classification rates, paid on a portal‐to‐portal basis. Any work performed on, in or above any smoke stack, silo, storage elevator or similar type of structure, when such structure is in excess of 75'‐0"" above base level and which work must be performed in whole or in part more than 75'‐0"" above base level, that work performed above the 75'‐0"" level shall be compensated for at 35 cents per hour above the applicable
classification wage rate.
GUNITE LABORER CLASSIFICATIONS
GROUP 1: Rodmen, Nozzlemen
GROUP 2: Gunmen
GROUP 3: Reboundmen
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ LABO1184‐001 07/01/2022
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Laborers: (HORIZONTAL
DIRECTIONAL DRILLING)
(1) Drilling Crew Laborer...$ 40.69 18.25
(2) Vehicle Operator/Hauler.$ 40.86 18.25
(3) Horizontal Directional
Drill Operator..............$ 42.71 18.25
(4) Electronic Tracking
Locator.....................$ 44.71 18.25
Laborers: (STRIPING/SLURRY
SEAL)
GROUP 1.....................$ 41.90 21.32
GROUP 2.....................$ 43.20 21.32
GROUP 3.....................$ 45.21 21.32
GROUP 4.....................$ 46.95 21.32
LABORERS ‐ STRIPING CLASSIFICATIONS
GROUP 1: Protective coating, pavement sealing, including repair and filling of cracks by any method on any surface in parking lots, game courts and playgrounds; carstops; 06/11/2024 C5 35 of 450
operation of all related machinery and equipment; equipment repair technician
GROUP 2: Traffic surface abrasive blaster; pot tender ‐ removal of all traffic lines and markings by any method (sandblasting, waterblasting, grinding, etc.) and
preparation of surface for coatings. Traffic control
person: controlling and directing traffic through both
conventional and moving lane closures; operation of all related machinery and equipment
GROUP 3: Traffic delineating device applicator: Layout and application of pavement markers, delineating signs, rumble and traffic bars, adhesives, guide markers, other traffic delineating devices including traffic control. This
category includes all traffic related surface preparation (sandblasting, waterblasting, grinding) as part of the
application process. Traffic protective delineating system installer: removes, relocates, installs, permanently
affixed roadside and parking delineation barricades,
fencing, cable anchor, guard rail, reference signs,
monument markers; operation of all related machinery and equipment; power broom sweeper
GROUP 4: Striper: layout and application of traffic stripes and markings; hot thermo plastic; tape traffic stripes and markings, including traffic control; operation of all
related machinery and equipment
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ LABO1414‐003 08/03/2022
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LABORER
PLASTER CLEAN‐UP LABORER....$ 38.92 23.32
PLASTER TENDER..............$ 41.47 23.32
Work on a swing stage scaffold: $1.00 per hour additional.
Work at Military Bases ‐ $3.00 additional per hour:
Coronado Naval Amphibious Base, Fort Irwin, Marine Corps Air Station‐29 Palms, Imperial Beach Naval Air Station, Marine Corps Logistics Supply Base, Marine Corps Pickle Meadows, Mountain Warfare Training Center, Naval Air
Facility‐Seeley, North Island Naval Air Station, Vandenberg AFB.
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ PAIN0036‐001 07/01/2023
06/11/2024 C5 36 of 450
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Painters: (Including Lead
Abatement)
(1) Repaint (excludes San
Diego County)...............$ 29.59 17.12
(2) All Other Work..........$ 38.52 18.64
REPAINT of any previously painted structure. Exceptions:
work involving the aerospace industry, breweries,
commercial recreational facilities, hotels which operate commercial establishments as part of hotel service, and sports facilities.
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ * PAIN0036‐010 09/01/2023
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DRYWALL FINISHER/TAPER
(1) Building & Heavy
Construction................$ 41.14 23.05
(2) Residential
Construction (Wood frame
apartments, single family
homes and multi‐duplexes
up to and including four
stories)....................$ 32.27 14.70
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ PAIN0036‐012 10/01/2023
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GLAZIER..........................$ 50.40 21.41 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ PAIN0036‐019 01/01/2024
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SOFT FLOOR LAYER.................$ 38.77 18.62 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ PLAS0200‐005 08/03/2022
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PLASTERER........................$ 47.37 19.64 NORTH ISLAND NAVAL AIR STATION, COLORADO NAVAL AMPHIBIOUS BASE, IMPERIAL BEACH NAVAL AIR STATION: $3.00 additional 06/11/2024 C5 37 of 450
per hour.
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ PLAS0500‐001 07/01/2018
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CEMENT MASON/CONCRETE FINISHER
GROUP 1.....................$ 26.34 19.77
GROUP 2.....................$ 27.99 19.77
GROUP 3.....................$ 30.07 21.12
CEMENT MASONS ‐ work inside the building line, meeting the following criteria:
GROUP 1: Residential wood frame project of any size; work classified as Type III, IV or Type V construction;
interior tenant improvement work regardless the size of the project; any wood frame project of four stories or less.
GROUP 2: Work classified as type I and II construction
GROUP 3: All other work
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ PLUM0016‐006 09/01/2023
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PLUMBER, PIPEFITTER,
STEAMFITTER
Camp Pendleton; Vandenberg
Air Force Base..............$ 61.68 26.51
Work ONLY on new additions
and remodeling of
commercial buildings,
bars, restaurants, and
stores not to exceed 5,000
sq. ft. of floor space......$ 53.51 25.28
Work ONLY on strip malls,
light commercial, tenant
improvement and remodel
work........................$ 42.49 23.86
All other work except work
on new additions and
remodeling of bars,
restaurant, stores and
commercial buildings not
to exceed 5,000 sq. ft. of
floor space and work on
06/11/2024 C5 38 of 450
strip malls, light
commercial, tenant
improvement and remodel
work........................$ 55.18 26.26
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ PLUM0016‐011 09/01/2023
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PLUMBER/PIPEFITTER
Residential.................$ 45.22 22.43
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ PLUM0345‐001 09/01/2023
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PLUMBER
Landscape/Irrigation Fitter.$ 40.20 25.90
Sewer & Storm Drain Work....$ 44.29 23.28
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ROOF0045‐001 07/01/2023
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ROOFER...........................$ 41.30 12.04 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ SFCA0669‐001 04/01/2024
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SPRINKLER FITTER.................$ 49.19 26.30 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ SHEE0206‐001 07/01/2023
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SHEET METAL WORKER
Camp Pendleton..............$ 50.20 30.80
Except Camp Pendleton.......$ 48.20 30.80
Sheet Metal Technician......$ 36.21 10.24
SHEET METAL TECHNICIAN ‐ SCOPE:
a. Existing residential buildings, both single and
multi‐family, where each unit is heated and/or cooled by a separate system b. New single family residential buildings including tracts. c. New multi‐family residential buildings, not exceeding five stories of living space in height, provided each unit is heated or cooled by a separate system. Hotels and motels are excluded. d. LIGHT COMMERCIAL WORK: Any sheet metal, heating and air conditioning work performed on a project 06/11/2024 C5 39 of 450
where the total construction cost, excluding land, is under $1,000,000 e. TENANT IMPROVEMENT WORK: Any work necessary to finish interior spaces to conform to the occupants of
commercial buildings, after completion of the building shell ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ TEAM0166‐001 07/01/2023
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Truck drivers:
GROUP 1.....................$ 30.12 25.57
GROUP 2.....................$ 40.71 25.57
GROUP 3.....................$ 40.91 25.57
GROUP 4.....................$ 41.11 25.57
GROUP 5.....................$ 41.31 25.57
GROUP 6.....................$ 41.80 25.57
GROUP 7.....................$ 43.31 25.57
FOOTNOTE: HAZMAT PAY: Work on a hazmat job, where hazmat certification is required, shall be paid, in addition to the classification working in, as follows: Levels A, B and C ‐ +$1.00 per hour. Workers shall be paid hazmat pay in increments of four (4) and eight (8) hours.
TRUCK DRIVER CLASSIFICATIONS
GROUP 1: Fuel Man, Swamper
GROUP 2: 2‐axle Dump Truck, 2‐axle Flat Bed,Concrete Pumping Truck, Industrial Lift Truck, Motorized Traffic Control, Pickup Truck on Jobsite
GROUP 3: 2‐axle Water Truck, 3‐axle Dump Truck, 3‐axle Flat Bed, Erosion Control Nozzleman, Dump Crete Truck under 6.5 yd, Forklift 15,000 lbs and over, Prell Truck, Pipeline Work Truck Driver, Road Oil Spreader, Cement Distributor or Slurry Driver, Bootman, Ross Carrier
GROUP 4: Off‐road Dump Truck under 35 tons 4‐axles but less than 7‐axles, Low‐Bed Truck & Trailer, Transit Mix Trucks under 8 yd, 3‐axle Water Truck, Erosion Control Driver, Grout Mixer Truck, Dump Crete 6.5yd and over, Dumpster
Trucks, DW 10, DW 20 and over, Fuel Truck and Dynamite, Truck Greaser, Truck Mounted Mobile Sweeper 2‐axle Winch Truck
GROUP 5: Off‐road Dump Truck 35 tons and over, 7‐axles or 06/11/2024 C5 40 of 450
more, Transit Mix Trucks 8 yd and over, A‐Frame Truck,
Swedish Cranes
GROUP 6: Off‐Road Special Equipment (including but not limited to Water Pull Tankers, Athey Wagons, DJB, B70
Wuclids or like Equipment)
GROUP 7: Repairman
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ WELDERS ‐ Receive rate prescribed for craft performing
operation to which welding is incidental.
================================================================ Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis‐Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their own illness, injury or other health‐related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health‐related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at
https://www.dol.gov/agencies/whd/government‐ contracts.
Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (iii)).
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), 06/11/2024 C5 41 of 450
a survey rate (weighted average rate) or a union average rate (weighted union average rate).
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example:
PLUM0198‐005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this
classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.
Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.
Survey Rate Identifiers
Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non‐union rates. Example: SULA2012‐007 5/13/2014. SU indicates the rates are survey rates based on a weighted average
calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect until a new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those
classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG‐OH‐0010
08/29/2014. UAVG indicates that the rate is a weighted union 06/11/2024 C5 42 of 450
average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on a wage determination matter
* a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour National Office because National Office has responsibility for the Davis‐Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed.
With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
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Washington, DC 20210
The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final. ================================================================ END OF GENERAL DECISION"
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CITY OF VISTA ENGINEERING DEPARTMENT
PROJECT SPECIFICATIONS FOR
BOBOLINK STORM DRAIN PROJECT
PHASE 2
C.I.P. Nos. 8913, 8197 Dwg. No. 4000
April 2024
THIS IS A FEDERALLY FUNDED PROJECT
AMERICAN RESCUE PLAN ACT (ARPA)
FEDERAL & STATE LABOR COMPLIANCE APPLY
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2 PROJECT SPECIFICATIONS FOR
BOBOLINK STORM DRAIN PROJECT – PHASE 2
(C.I.P. Nos. 8913, 8197)
TABLE OF CONTENTS
BIDDING AND CONTRACTUAL DOCUMENTS PAGE
Notice Inviting Bids ................................................................................................. 4
Instructions to Bidders ........................................................................................... 7
Proposal Forms
Bid Proposal ............................................................................................... 24 Bid Schedule .............................................................................................. 30 Description of Base Bid Items…………………………………………………………..32 Contractor’s Licensing Statement ............................................................ 38 Project References .................................................................................... 39 Contractor’s List of Subcontractors .......................................................... 40 Contractor's Certification on Federal Contract Requirements……………..41 Certification Regarding Debarment, Suspension, Proposed Debarment, and Other Responsibility Matters……………………………..42 Disclosure of Lobbying Activities and Instructions for Completion Of SF-LLL. Disclosure of Lobbying Activities…………………………………44 Equal Employment Opportunity Certification ........................................... 46 Non-Segregated Facilities Certification .................................................... 47 Non-Lobbying Certification for Federal-Aid Contracts .............................. 48 Non-Collusion Declaration (Federal Form) ............................................... 49 Bid Security Forms ..................................................................................... 50 Bid Bond ..................................................................................................... 52
Agreement and Bonds
Construction Contract ................................................................................ 54 Faithful Performance Bond ....................................................................... 57 Payment Bond ............................................................................................ 60 Contractor's Certificate .............................................................................. 62 Non-Collusion Declaration for Subcontractors ......................................... 63
SPECIAL PROVISIONS
Supplementary General Provisions........................................................................ 64 Supplementary Technical Provisions ..................................................................... 132
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3 APPENDICES
Appendix A: Federal Requirements for Federal CLFRF Construction Projects (Exhibit A to the Contract)
Appendix B: Federal Labor Standards Provisions and Federal Prevailing Wage Rates (Exhibit B to the Contract)
Appendix C: Federal Requirements and Special Provisions Appendix D: City of Vista Stormwater Management Permit Application Form & Reference Information
Appendix E: Potential Staging and Storage Area Exhibits Appendix F: City of Vista Standard Drawings
Appendix G: San Diego Regional Standard Drawings (SDRSD) Appendix H: Sample Public Notification Documents
Appendix I: Project Sign Layout
Appendix J: City of Vista Encroachment Permit Application Appendix K: EDCO Trash Schedule and NCTD Route Map
Appendix L: City of Vista Engineering Construction Survey Request Instructions and Form
Appendix M: Trench Backfill Requirements DRN-02 Detail A Appendix N: Geotechnical Report
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4 PART I
BIDDING AND CONTRACTUAL DOCUMENTS
NOTICE INVITING BIDS
PUBLIC NOTICE IS HEREBY GIVEN that sealed bids will be received by the City Clerk of the chartered City of Vista (“Agency”) for furnishing all plant, labor, services, materials, tools, equipment, supplies, transportation, utilities and all other items and facilities necessary therefore, as provided in the Contract Documents, for the “BOBOLINK STORM DRAIN PROJECT – PHASE 2 (C.I.P. Nos. 8913, 8197)” in strict accordance with the Project Specifications and Plans on file in the City of Vista Engineering Department.
1. DATE OF OPENING BIDS
All Bidders are required to submit their bid electronically through the City’s Electronic Bidding System (OpenGov Procurement). Hardcopy bids will not be accepted. Bidders must register by creating a free account with OpenGov Procurement at:
https://secure.procurenow.com/signup . Registered bidders may obtain bid materials and view submission procedures at: https://secure.procurenow.com/portal/cityofvista . Bidders must also download this bid solicitation to appear on the Bidder’s List as a “Prospective Bidder,” receive addenda, and submit a bid. Bids shall be submitted electronically no later than 2:00 PM on TUESDAY, May 7, 2024.
Immediately after the bid submission deadline, bids will be unsealed and posted at:
https://secure.procurenow.com/portal/cityofvista . OpenGov Procurement will determine the official time for the advertised bid opening and such determination will be final. Bid Tabulation results will be available through OpenGov Procurement.
Any bids not received in a timely manner on the Bid Opening Date, as described above, will not be considered.
Note: The City of Vista complies with the Americas with Disabilities Act. If you require reasonable accommodations for the bid opening, please contact the Office of the City Clerk, 760-639-6125, at least forty-eight (48) hours prior to the bid opening.
2. DESCRIPTION OF WORK
The Work generally consists of: storm water pollution prevention and erosion control, utility coordination, demolition and removal, traffic control and construction staging, trench excavation, shoring, dewatering, installation of 48”, 36”, and 18” RCP storm drain, curb inlets, storm drain clean outs, concrete slurry backfill, trench restoration, and other related work.
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5 3. LOCATION OF WORK
The Work to be constructed is located on: East Drive and Bobolink Drive in the City of Vista, California.
4. CONTRACT DOCUMENTS
Contract documents are available electronically on the City’s OpenGov Procurement portal at: https://secure.procurenow.com/portal/cityofvista .
5. CONTRACTOR'S LICENSE CLASSIFICATION
In accordance with the provisions of the California Public Contract Code Section 3300, the Agency has determined that the Contractor shall be required to possess a valid California Class A General Engineering Contractor License(s) at the time that the Contract is awarded, and shall maintain said license(s) in good standing at all times during performance of the Work.
6. CONSTRUCTION COST OPINION AND TIME OF COMPLETION
The Engineer’s Opinion of Probable Construction Cost for this Project is Three Million Dollars ($3,000,000) for the base bid items. All Work shall be completed in every detail to the satisfaction of the Agency within Two Hundred (200) Working Days after the date of the NOTICE TO PROCEED.
7. PRE-BID MEETING
A Pre-Bid Meeting will not be held for this project.
8. PROJECT ADMINISTRATION
All project related questions and requests for clarifications, changes, exceptions, and deviations to the terms and conditions set forth in this solicitation shall be submitted via “Q&A” through the City’s Electronic Bidding System, OpenGov Procurement.
All questions must be submitted through the City’s Electronic Bidding System by 4:00 P.M. on Monday, April 29th, 2024, the deadline listed in the City’s Electronic Bidding System.
9. FEDERAL REQUIREMENTS
This project is being financed with Coronavirus State and Local Fiscal Recovery Funds (CSLFRF) from the American Rescue Plan Act (ARPA). All contracts using this federal funding are subject to certain Special Federal Provisions and additional Federal Requirements; including but not limited to: Davis-Bacon Prevailing Wages; Good Faith Effort Documentation for MBE/WBE, Executive Order #11246; and Executive Order #13985. Information pertaining to federal 06/11/2024 C5 51 of 450
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7 INSTRUCTIONS TO BIDDERS
1. SITE REVIEW
Prospective bidders are expected to conduct a site review of the Project prior to submitting a bid.
2. LOCAL CONDITIONS AND BID QUANTITIES
Bidders shall read the Project Specifications and documents, examine the Plans, review available documents, and make their own estimates of the existing facilities and the difficulties that will attend the execution of the Work called for by the proposed Contract including federal, state, and local laws and regulations, local conditions, uncertainty of weather, traffic, soil conditions and all other contingencies.
Since incorporation in 1963 and chartering in 2007, the City of Vista has constructed numerous projects throughout the City. The projects may have led to development of files and records that may materially affect the Contract. All bidders are strongly encouraged to request copies of those records and familiarize themselves with those records.
Bidders shall satisfy themselves by personal examination of the location of the proposed Work, and by such other means as they may choose as to actual conditions and requirements, and as to the accuracy of the quantities stated in the BID SCHEDULE. The submission of a bid shall be conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality and scope of work to be performed, as to the quantity of materials to be furnished, and as to the requirements of these Contract Documents.
Information derived from the Plans, Project Specifications, profiles or drawings, maps, other reports, or from the Engineer or his assistants, shall not relieve the bidder of this responsibility, and the interpretation of the data disclosed by borings or other preliminary investigations is not warranted or guaranteed, either expressly or implied, by the Agency. The bidder’s failure or omission to receive or examine any part of the Contract Documents or to visit the site and be familiar with the existing conditions, shall in no way relieve the bidder from obligation with respect to this bid or to the performance of the Work under this Contract.
The quantities of work or material stated in the unit price items of the BID SCHEDULE are supplied only to give an indication of the general scope of the Work. The Agency does not expressly or by implication agree that the actual amount of work or material will correspond therewith, but reserves the right to increase or decrease the amount of any unit price item of the Work by an amount up to and including twenty-five percent (25%) of any bid item(s), or to omit portions of such work as may be deemed necessary or expedient by the Engineer without a change in the unit price.
Bidders shall not, at any time after the submission of a bid, make or have any claim for damages or anticipated profits or loss of profit or otherwise because of any difference between the quantities of work actually done and material furnished and those stated in said unit price items of the BID SCHEDULE.
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8 The Bidder understands that the unit prices and total bid amount set forth by the Bidder in the BID SCHEDULE shall include all appurtenant expenses, premiums, taxes, royalties and fees. The Bidder shall make no reference in the BID SCHEDULE to sales tax, use tax, or any other tax. The Bidder shall make no reference in the BID SCHEDULE to any patent fees or royalties on any patented article or process which may be furnished or used or to any premium for insurance or surety bonds in the Bid. All amounts bid shall be deemed and held to include any such taxes, fees, royalties or premiums which may be applicable.
The Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, project, or device which is the subject of patent rights or copyrights held by others.
The Contractor shall pay all sales, consumer, use and other similar taxes for the Work or portions thereof provided by the Contractor which are legally enacted at the time bids are received by the Agency, whether or not yet effective. The total bid amount shall be deemed to include such taxes and the Contractor shall not be entitled to separate compensation for such taxes.
3. USE OF MINORITY/WOMAN-OWNED BUSINESS ENTERPRISES (MBE/WBE)
The Agency hereby notifies all bidders that it will affirmatively ensure that in any Contract entered into pursuant to this advertisement, Minority/Woman-owned Business Enterprises (MBE/WBE) will be afforded full opportunity to submit bids in response to this invitation. Information about MBE/WBE can be found in the Appendices. The Agency may require the low bidder and sub- contractors to submit any MBE/WBE certifications within four (4) Working Days after bid opening.
Prospective bidders should be particularly aware of pre-bid outreach requirements to prospective MBE/WBE subcontractors, as these requirements must be fulfilled prior to bid opening. The Contractor or subcontractor shall not discriminate on the basis of race, color, national origin, religious creed, ancestry, physical handicap, medical condition, marital status, age or sex in the performance of this contract. All bidders shall document and submit Good Faith Effort documentation. There is no percentage goal for MBE/WBE, however, the Good Faith Effort documentation is required and if is not submitted or is deemed inadequate, bidders will be considered non-responsive.
4. INTERPRETATION OF PLANS AND PROJECT SPECIFICATIONS
If any person contemplating the submittal of a bid for the proposed Contract is in doubt as to the meaning of any requirement of the Plans or Project Specifications, or he finds any discrepancies in or omissions from the Plans or Project Specifications, they shall submit a written request for an interpretation or correction thereof via “Q&A” through the City’s Electronic Bidding System, OpenGov Procurement.
The written request must be received by the deadline listed in the City’s Electronic Bidding System, or if no deadline is listed, at least five (5) Working Days prior to the date fixed for opening of bids. The person making the request will be responsible for its prompt delivery.
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9 Interpretations or corrections will be made only by ADDENDA to the Project Specifications or by dated revisions of the drawings. Addenda will be sent to registered bidders that have downloaded this solicitation through the City’s Electronic Bidding System.
All addenda so issued shall become part of the Contract Documents. Acknowledgement of receipt of any and all addenda is required in the BID SCHEDULE. Failure of any bidder to receive any addenda shall not relieve such bidder from any obligations imposed by such addenda. The effect of all addenda to the Contract Documents shall be considered in the bid and said addenda shall be acknowledged on the Bid Proposal. Before submitting a bid, each bidder shall inform himself as to whether or not any addenda have been issued. Failure to determine the existence of any addenda, to obtain and review such addenda, or to include in the bid any obligations imposed by such addenda issued may render the bid irregular and may result in its rejection.
5. BIDDERS INTERESTED IN MORE THAN ONE BID
No person, firm or corporation shall make, file or be interested in more than one (1) bid for the same work unless alternative bids are specifically requested. A person, firm or corporation who has submitted a sub-proposal to a bidder, or who has quoted prices of materials to a bidder, is not disqualified from submitting a sub-proposal or quoting prices to other bidders.
6. FORM OF BID AND SIGNATURE
The bids shall be made on the Bid forms provided through the City’s Electronic Bidding System.
These documents shall constitute the bid. The bid shall be submitted electronically for this solicitation on the City’s OpenGov Procurement portal at:
https://secure.procurenow.com/portal/cityofvista .
Bidders must also mail their bid security or original bidder’s bond with a postmarked date no later than the Bid Date as described in Section 11 Bid Security / Return of Bid Securities below.
The Bid for the Work is intended to establish a total cost for the Work in its entirety. The Bidder shall state in the Bid the unit prices or Lump Sums for which he proposes to supply the labor, materials, supplies and equipment necessary to complete the Work required by the Contract Documents. Certain permit requirements, General Provisions, Supplementary General Provisions, and other work required by the Plans and/or the Specifications may not be listed in the Bid Schedule and are, in general, applicable to more than one listed Bid Item. Other required work may not be listed as a separate item in the Bid Schedule, but is necessary to complete the Work described in the Plans and/or the Project Specifications. The Bidder shall include the cost of all work not listed as a separate item in the Bid Schedule in the various related items of work listed in the Bid Schedule, so that the Bid for the Project reflects the total cost for completing the Work in its entirety.
If the proposal is made by an individual, it shall be signed and his full name and address shall be given; if it is made by a firm, it shall be signed with the partnership name by a member of the firm, who shall also sign his own name, and the name and address of each member shall be 06/11/2024 C5 55 of 450
10 given; and if it is made by a corporation, the name of the corporation shall be signed by its duly authorized officer or officers attested by the corporate seal, and the names and titles of all officers of the corporation shall be given.
7. PREPARATION OF THE BID / REJECTION OF THE BID
The Bid shall be prepared such that it is complete and responsive to all requirements of the Contract Documents. The completed Bid shall consist of the following forms:
a) Bid Proposal
b) Bid Schedule (to be completed through the City’s Electronic Bidding System, OpenGov Procurement)
c) Description of Base Bid Items (copy, include and upload with the bid package, pages 31-35) d) Contractor’s Licensing Statement
e) Project References
f) Contractor’s List of Subcontractors
g) Contractor’s Certification on Federal Contract Requirements h) Certification Regarding Debarment, Suspension, Proposed Debarment, and Other Responsibility Matters
i) Disclosure of Lobbying Activities and Instructions for Completion of SF-LLL, Disclosure of Lobbying Activities
j) Equal Employment Opportunity Certification
k) Non-Segregated Facilities Certification
l) Non-Lobbying Certification for Federal-Aid Contracts m) Non-Collusion Declaration (Federal Form)
n) Bid Security Form (with bid bond, cash, certified check or cashier’s check included) o) MBE/WBE Good Faith Effort Documentation
Registered bidders may obtain the Contract Documents through the City’s Electronic Bidding System. If any bid forms are missing from the Contract Documents obtained by the Bidder, directly from OpenGov Procurement or through other means, it shall be the Bidder’s responsibility to contact the Agency and obtain all required Bid Document forms prior to submitting a bid.
Blank spaces in the Bid shall be properly filled in (using figures in the Bid Schedule). The Bid shall contain an acknowledgment of receipt of all addenda.
The phraseology of the Bid must not be changed, and no addition shall be made to the items mentioned therein. Alternative bids shall not be considered unless specifically requested and authorized by the Agency.
The Bid shall be signed in accordance with the “Instructions for Signing Bids, Bonds, and Contracts”, included in the Contract Documents, and as required by the City’s Electronic Bidding System.
A Bid shall be considered irregular if certain situations occur, including, but not limited to, the following:
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11 a) The Bid contains blank spaces that are not properly filled in. b) The Bid contains unauthorized provisions, conditions, limitations, or alternatives. c) The Bid is either not typewritten or not printed in ink. d) The Bid contains interlineations, alterations, erasures, clerical errors or is otherwise illegible or unclear, or not properly initialed.
e) The Bid is not properly signed in accordance with the instructions.
Bidder’s failure to submit the Bid on time through the City’s Electronic Bidding System, submit a complete Bid using all of the required Bid forms provided in the Contract documents or addenda, include a price for any Bid item that requires the Bidder to submit a price, acknowledge all addenda, or submit the appropriate Bid Security shall render the Bid non-responsive and shall be cause for its rejection.
In accordance with the provisions of Section 1771.1(b) of the California Labor Code – the Agency will not accept bid or enter into a Contract without proof of the contractor’s current registration with the California Department of Industrial Relations pursuant to Section 1725.5.
The Agency, in its sole discretion, reserves the right to reject any or all bids, and to waive any informalities or minor irregularities in the Bids, unless waiving such irregularity would give a competitive advantage to a Bidder.
8. ALTERNATIVE SCHEDULES
No alternative bid items included with this project.
9. LIST OF SUBCONTRACTORS FILED WITH BID
In accordance with the provisions of Sections 4100 through 4113, inclusive, of the Public Contract Code of the State of California (“Subletting and Subcontracting Fair Practices Act”), each bidder shall submit with his bid the name, location of place of business, and Contractor’s License Number of each proposed subcontractor who will perform work or labor or render service to the principal Contractor in an amount in excess of one-half of one percent (0.5%) of the principal Contractor's bid, or in the case of the construction of streets or highways, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000), whichever is greater, and shall state the portion and dollar value of the Work which will be done by each such subcontractor in the List of Subcontractors form. If no subcontractor is listed for a portion of the Work, then the Contractor is required to perform that portion with his own forces.
An inadvertent error in listing the subcontractor’s license number shall not be grounds for filing a bid protest, or grounds for considering the bid nonresponsive, if the corrected contractor’s license number is submitted to the public entity by the prime contractor within 24 hours after the bid opening, provided that the corrected license number corresponds to the submitted name and location of the subcontractor.
Pursuant to Section 1725.5 of the Labor Code of the State of California, no contractor may be awarded a public works contract and no subcontractor of any tier may work on a public works 06/11/2024 C5 57 of 450
12 project without proof of registration with the Department of Industrial Relations. To comply with these regulations, each bidder being considered for award of the Contract shall submit to the Agency the names and PWC Registration Number of each proposed subcontractor of any tier who will perform work or labor or render service to the principal Contractor in any amount within 7 days after the bid opening date. The inadvertent listing on the bid documents of a subcontractor that is not registered with the California Department of Industrial Relations will not necessarily invalidate the bid. An unregistered subcontractor can be replaced with one who is registered.
10. NON-COLLUSION DECLARATIONS
The bidder is required to execute a Non-Collusion Declaration in the form attached hereto, and submit the form with the bid. The Agency reserves the right to require, before awarding the contract, that the principal Contractor secure from each proposed subcontractor a Non-Collusion Declaration in the form also attached hereto, and submit all forms to the Agency.
If at any time it shall be found that the person, firm or corporation to whom the Contract has been awarded has, in presenting any bid or bids, colluded with any other party or parties, then the Contract so awarded shall be null and void, and the Contractor and the Contractor’s sureties shall be liable to the Agency for all loss or damage which the Agency may suffer thereby, and the Agency may advertise anew for bids for such work.
11. ADDITIONAL FORMS FOR FEDERALLY-FUNDED PROJECTS
For Federally-funded projects, the bidder is required to complete and execute the Equal Employment Opportunity Certification, the Non-Lobbying Certification for Federal-Aid Contracts, the Disclosure of Lobbying Activities (if required), MBE/WBE Good Faith Effort Documentation, the Debarment and Suspension Certification, in the form attached hereto, and submit the forms with the bid.
12. BID SECURITY / RETURN OF BID SECURITIES
Each bidder shall submit with his bid an unconditional certified or cashier's check drawn on a solvent state or national bank, or a bidder's bond with a responsible corporate surety, on the form attached hereto, subject to the provisions for “Bonds” herein. Unless otherwise stated in the Contract Documents, said bid security or bidder's bond shall be in a sum at least ten percent (10%) of the total base bid amount, and shall be made payable to the Agency as a guaranty that the bidder will, if an award is made, in accordance with the terms of his bid, promptly execute a Contract in the required form, secure payment of Workmen's Compensation, and furnish satisfactory Performance Bond, Payment Bond, and certificates of insurance, and endorsements within ten (10) Working Days following the posting of the Notice of Intent to Award a contract.
Notice of instructions to Principal and Surety regarding completion of Bidder’s Bond:
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13 1) Principal’s signature with title must be properly notarized (i.e., proprietorship, partnership, corporation, joint venture). If corporation, affix seal; 2) Signature of Attorney-in-Fact for Surety must be properly notarized; 3) Attach certified copy of Power of Attorney for Surety’s Attorney-in-Fact; and 4) If bond is executed in excess of surety company’s treasury limit, evidence of how bond was reinsured must be attached over signature of Attorney-in-Fact.
Bidders must scan and upload a copy of their bid security or bidder’s bond with their electronic bid submittal in OpenGov Procurement. Bidders must also mail their bid security or original bidder’s bond with a postmarked date no later than the Bid Date, to the following address:
ATTN: Matt Atteberry, CIP Engineering Division Manager City of Vista Engineering Department
200 Civic Center Drive
Vista, CA 92084
The Bidder’s name and the name of the Project shall be clearly listed on the outside of the envelope.
If a bidder to whom an award is made fails or refuses to execute the Contract, secure the payment of Worker's Compensation and furnish the required bonds and proof of insurance, all within the time stated in the provisions for “Execution of Contract / FAILURE TO EXECUTE CONTRACT” herein, the money represented by said check or bidder's bond shall become and remain the property of the Agency, the amount thereof being agreed to by the bidder as liquidated damages due the Agency on account of the delay in the execution of the Performance Bond, Payment Bond, and proof of insurance coverage, and in the performance of work thereunder, resulting from such failure or refusal.
The Agency reserves the right to retain the bid security of the three (3) apparent lowest responsible Bidders until the Contract Documents have been formally executed by the successful Bidder and the Agency, and the successful Bidder has filed with the Agency the Faithful Performance Bond, the Contractor’s Payment Bond, and the insurance policies or certificates required by the Bid Documents, after which such bid securities will be returned to the respective Bidders whose bids they have accompanied.
13. PROJECT REFERENCES
All bidders shall provide evidence satisfactory to the Agency that the bidder has prior experience to properly perform in accordance with the terms of these Plans and Specifications by completing and submitting the PROJECT REFERENCES spreadsheet with his bid. The PROJECT REFERENCES list shall include projects successfully performed by the Bidder of comparable magnitude that he or his associates are personally competent to manage the proposed undertaking, and to carry it forward to a successful conclusion.
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14 14. LICENSE REQUIREMENTS
All prospective contractors submitting a bid shall have the appropriate license as required by these specifications. Failure to possess the specified license at the time of award shall render the bid as non-responsive and shall act as an absolute bar to award the Contract to any bidder not possessing said license at the time of award. Any Contract awarded to a contractor who was not properly licensed at the time of award or at any time during the Contract period shall be void pursuant to Section 7028.15 of the Business and Professions Code. The Agency shall verify that a contractor is properly licensed prior to the award of the Contract as part of determining the lowest responsible and responsive bidder.
15. CONTRACTOR'S REQUIRED SHARE OF CONTRACT WORK
In accordance with Subsection 2-3.2, Self Performance of the Standard Specifications for Public Works Construction, the Contractor shall perform, with its own personnel from within its organization, Contract work amounting to at least fifty percent (50%) of the Contract Price, except that any designated "Specialty Items" may be performed by subcontract and the amount of any such "Specialty Items" so performed may be deducted from the Contract Price before computing the amount of work required to be performed by the Contractor with its own personnel [i.e. the percentage of work which will not be performed by a Bidder’s own forces will be determined by (1) adding the dollar value of all contracts shown on the list of subcontractors (excluding the dollar amount of any specialty items), then (2) dividing such total by the Bidder’s Total Bid Amount (excluding the dollar amount of specialty bid items)].
Specialty Items shall be as listed in Subsection 2-3.2 (“Self Performance.”) of the latest edition of the San Diego Regional Supplement of the Standard Specifications for Public Works Construction (“Greenbook”) and as identified with an “S” in the Bid Item Number column of the BID SCHEDULE.
16. ANNUAL PUBLIC WORKS BIDDER REGISTRATION (SB 854)
In accordance with the provisions of California Senate Bill 854, passed by the California State Senate on June 20, 2014, all contractors and subcontractors bidding and performing work on Public Works Projects must register on an annual basis with the California Department of Industrial Relations (DIR) and furnish electronic payroll records to the Labor Commissioner’s Office.
In accordance with the provisions of Section 1771.1(a) of the California Labor Code, a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any Contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the Contract is awarded. Prime contractors and their 06/11/2024 C5 60 of 450
15 subcontractors must possess and maintain such registration with DIR in order to be awarded contracts and to perform work.
The Agency will verify that the contractors or subcontractors that bid on, or are listed in the bid proposal of, this Contract are currently registered and qualified to perform public work pursuant to Section 1725.5 in the State of California through the following URL website link at:
https://cadir.secure.force.com/ContractorSearch
In accordance with the provisions of Section 1771.1(a) of the California Labor Code – the Agency will not accept a bid or enter into a Contract without proof of the contractor’s current registration to perform public works pursuant to Section 1725.5.
In accordance with the provisions of Section 1773.3 of the California Labor Code, the Agency will provide notice to the Department of Industrial Relations of any public works Contract within thirty (30) days of the award, but in no event later than the first day in which a contractor has workers employed upon the public work, using the online PWC-100 “Extract of Public Works Contract Award” form, which can be found at:.
https://www.dir.ca.gov/pwc100ext/LoginPage.aspx
The online PWC-100 form is also transmitted to the Department of Apprenticeship Standards (DAS) to inform them of the award of a contract.
17. MODIFICATION AND WITHDRAWAL OF THE BID
Any Bidder may modify his prior to the scheduled closing time for receipt of bids by submitting an amended bid through the City’s Electronic Bidding System.
A bidder may withdraw his bid before the hour fixed for opening bids, without prejudice to himself, by cancelling their bid submission through the City’s Electronic Bidding System. No proposal may be withdrawn after the hour fixed for opening bids without rendering the accompanying certified or cashier's check or bidder's bond subject to forfeiture as liquidated damages in like manner as in the case of failure to execute the Contract after award, as hereinafter provided.
After the bids have been publicly opened, they shall not be withdrawn by the Bidders for a period of at least ninety (90) calendar days subject to the execution stated in the paragraph below. The ninety (90) calendar day review period may be extended by the Agency and written approval by the Bidder.
A Bidder shall be permitted to withdraw a bid after the opening of the bids only if the Bidder established to the satisfaction of the Agency ALL of the following:
a) A clerical error was made by the Bidder in filling out the bid; and the error was not due to:
1) an error in judgment;
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16 2) an error in inspecting the site of the Work, or;
3) an error in reading the Plans and Contract Documents. b) The clerical error made the bid materially different than the Bidder intended the bid to be. c) The Bidder gave the Agency written notice within five (5) Working Days excluding Saturdays, Sundays, and State holidays, after the opening of the bids, in which said notice specifies in detail the nature of the error and how the error was made per Public Contract Code 5103(b).
18. (INTENTIONALLY LEFT BLANK)
19. PUBLIC OPENING OF BIDS
No bid received after the time named or at any place other than the place stated in the Notice Inviting Bids shall be considered. Immediately after the bid submission deadline, bids will be unsealed and posted at: https://secure.procurenow.com/portal/cityofvista . OpenGov Procurement will determine the official time for the advertised bid opening and such determination will be final. Bid Tabulation results will be available through ProcureNow.
After the bids are publicly opened, the Agency shall review all bids for responsiveness, compare the bids to the Engineer’s Opinion of Probable Cost and investigate the responsibility and qualifications of all Bidders to whom the award is contemplated, for a period not to exceed ninety (90) calendar days after the Bids have been opened. Based on the findings from the review of the Bids, the Agency will provide a Notice of Intent to Award a contract to all bidders.
Following the posting of the Notice of Intent to Award a contract, anyone interested in inspecting bid documents in person or receiving electronic copies shall make a request to the City Engineer following the posting of the Notice of Intent to Award a contract. Bid documents will be sent electronically, and appointments for inspection of the bid documents will be scheduled to occur, within five (5) Working Days after the request is received by the Agency.
20. DISQUALIFICATION OF BIDDERS
Any one or more of the following causes may be considered as sufficient for the disqualification of Bidder and the rejection of the Bidder’s bid or bids:
a) Submittal of more than one (1) bid for the same work from an individual firm, partnership, or corporation under the same or different names.
b) Evidence of collusion among Bidders.
c) Modification of BID SCHEDULE.
d) Submittal of an incomplete or invalid bid, and / or failure to include all required information, which precludes full analysis and review of said Bid and / or which precludes meaningful comparison of the Bid with other bids received by the Agency. e) Failure to include MBE/WBE Good Faith Effort Documentation.
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17 21. BID PROTESTS
Any bidder who submits a valid bid shall have the right to file a bid protest with the Agency before 5:00 p.m. on the fifth Working Day following the posting date of the Notice of Intent to Award a contract. However, bidder shall receive an extension to this deadline if the Agency has not fulfilled bidder’s request for electronic copies of the bid documents or for an opportunity to inspect the bid documents at least two (2) Working Days prior to the deadline. In such cases, bidder may submit a bid protest before 5:00 p.m. on the fifth Working Day following the date on which bidder receives, or is provided an opportunity to inspect, the bid documents. Bid protests must be submitted in writing to the City Engineer of the City of Vista, City of Vista Civic Center, Engineering Department, 200 Civic Center Drive, Vista, California 92084-6275. The time limits and requirements set forth in this section are mandatory, and are the bidder’s sole and exclusive remedy in the event of a bid protest, and failure to comply with these requirements shall constitute a waiver of any right to further pursue the bid protest, including filing a Government Code Claim or legal proceedings. If a protest is received from anyone other than a bidder, or after the specified time period, the protest shall be invalid. The protest shall conform to the following requirements:
a) The initial protest document shall contain a complete statement of the basis for the protest. b) The protest shall refer to the specific portion, or portions, of the document that form the basis for the protest.
c) The protest shall contain the name, address, and telephone number of the person representing the protesting party.
d) The party filing the protest shall concurrently transmit a copy of the initial protest document, and any attached documentation, to all other parties with a direct financial interest that may be adversely affected by the outcome of the protest. Such parties shall include all other bidders or proposers who appear to have a reasonable prospect of receiving an award depending upon the outcome of the protest.
e) The Agency shall issue a decision on the protest.
22. AWARD OF CONTRACT
No bidder may withdraw its bid for a period of ninety (90) calendar days.
The Contract shall be awarded within ninety (90) calendar days after the opening of bids, if it is in the interest of the Agency to do so. The Agency reserves the right to waive any informality or minor irregularities in any bid, to reject any or all bids, to reject one part of a bid and accept the other, except, to the extent that bids are qualified by specific limitations, to take bids under advisement for a period of ninety (90) calendar days after the date the bids are publicly opened, and to make award to the lowest responsible bidder as the interest of the Agency may require.
All terms and conditions contained in the Contract Documents shall become a part of the contract.
23. EXECUTION OF CONTRACT / FAILURE TO EXECUTE CONTRACT 06/11/2024 C5 63 of 450
18 A bidder whose proposal is being recommended for acceptance shall execute a written Contract with the Agency, in the form of the CONSTRUCTION CONTRACT attached hereto, prior to contract award and within the time requested by the Agency. Thereafter, a bidder to whom an award is made shall secure the payment of Workmen's Compensation, and furnish good and approved bonds and insurance certificates, all as required in the following paragraph and all in accordance with the provisions hereof, within ten (10) Working Days from the date of the posting of the Notice of Intent to Award a contract, by the Agency to the bidder, according to the address given by him in his proposal.
If a bidder to whom award is made fails or refuses execute the Contract prior to bid award, or to thereafter conform to any of the stipulated requirements in connection therewith, the money represented by his check or bidder's bond shall become the property of the Agency, as provided in the provisions for “Bid Security” herein, any award made will be annulled, and, at the discretion of the Agency, an award may be made to the bidder whose proposal is next most acceptable to the Agency, and such bidder shall fulfill every stipulation embraced herein as if he were the party to whom the first award was made. A corporation whose proposal is being recommended for acceptance may be required, before the Contract is executed, to furnish evidence of its corporate existence, of its right to do business in California, and of the authority of the officer signing the Contract and bonds for the corporation.
24. BONDS
Except as otherwise provided in the Contract Documents, a bidder to whom the Contract is awarded shall, within the time stated in the provisions for “EXECUTION OF CONTRACT / FAILURE TO EXECUTE CONTRACT” herein, furnish a bond with an admitted corporate surety, or corporate sureties conditioned upon the faithful performance of the said bidder of all covenants and stipulations in the Contract. Said bond, hereinafter referred to as the Faithful Performance Bond, shall be in the form approved by the Agency and in the penal sum of at least one hundred percent (100%) of the total base bid amount payable under the Contract secured by two (2) or more sufficient sureties or by a surety company.
Within the time mentioned in the preceding paragraph, the bidder to whom the Contract is awarded shall also furnish a Payment Bond, approved by the Agency, in accordance with the provisions of Civil Code Section 3225-3228, inclusive, and Sections 3247-3252, inclusive.
Unless otherwise specified in the Contract Documents, said Payment Bond shall be in a sum not less than one hundred percent (100%) of the total amount payable by the terms of this Contract, but not less than the sum prescribed by Section 3248 of the Civil Code, in any case.
Each bond shall incorporate, by reference, the Contract, and be signed by both the Contractor and the Surety.
Sureties must:
1) be listed in the latest version of U.S. Department of Treasury Circular 570 at:
https://www.fiscal.treasury.gov/fsreports/ref/suretyBnd/c570_a-z.htm 06/11/2024 C5 64 of 450
19 2) be authorized to issue bonds in California;
3) have bonding limitation shown in said Circular 570 sufficient to provide bonds in the amount required for the contract.
The Agency will verify that the corporate surety or sureties that furnish bonds for this Contract are admitted sureties authorized to provide such services in the State of California through the following URL website link at:
http://www.insurance.ca.gov
The surety or sureties on all bonds furnished must be satisfactory to the Agency. All insurance or surety companies providing insurance or surety bond(s) under the Contract shall be admitted in the State of California to transact the insurance business in the class of the type provided and shall have a general policy holder's rating of "A" or higher and a Financial Class V ($10,000,000) or better as established in the most current A. M. Best's Key Rating Guide or equivalent or greater rating established by another recognized rating entity such as Moody’s; provided however, that for the workers' compensation and employers' liability insurance business and having a general policy holders' rating of "A" or higher and a Financial Class VI or higher in the most current A.M.
Best's Key Rating Guide. The party required to furnish bonds pursuant to these instructions shall furnish such bonds at his cost and expense. The Agency reserves the right to reject any bond if, in the opinion of the Engineer, the surety's acknowledgment is not in the form included in the Contract Documents or in another form substantially as prescribed by law.
Surety companies and insurance companies shall familiarize themselves with all of the conditions and provisions of the contract, and they waive the right of special notification of any change or modification of the Contract or of decreased or increased work or of the cancellation of the contract, or of any other acts by the Agency or its authorized agents, under the terms of the contract. Notwithstanding the provisions of any other contract or agreement, the failure of any surety company or insurance company to receive notification of any of the aforesaid changes shall in no way relieve the surety company or insurance company of its obligations under the contract. Notwithstanding any other provisions of the Contract Documents inconsistent with the provisions of this section, the Contractor shall not be responsible for the cost of repairing or restoring damage to the Work in excess of five percent (5%) of the Contract price caused by an act or acts of God, as defined in Public Contract Code Section 7105, occurring after the Contract for the Work is entered into.
To be approved, the Payment Bond must be in the form provided in these Project Specifications.
Unless a Contractor’s Payment Bond is filed and approved as herein provided, no claim in favor of the Contractor arising under the Contract shall be audited, allowed or paid by the Agency. Any persons named in Section 3181 of the California Civil Code shall receive payment of their respective claims in the manner provided by Chapter 4, Part 4, Division 3, Title 15 of the California civil Code upon having complied with the conditions of Section 3183 of the California Civil Code.
25. NOTIFICATION OF SURETY COMPANIES
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20 The surety companies and other signers of any of the above mentioned bonds and insurance companies, shall familiarize themselves with all of the conditions and provisions of the contract, and they waive the right of special notification of any change or modification of the Contract or of extension of time, or of decreased or increased work, or of the cancellation of the Contract, or of any other act or acts by the Agency or its authorized agents, under the terms of the Contact; and failure to so notify the aforesaid surety companies or insurance companies of changes shall in no way relieve the surety companies of their obligation under the Contract.
26. LIABILITY INSURANCE
Before the Contract is executed on behalf of the Agency, a bidder to whom the Contract has been awarded shall furnish to the Agency a policy or certificate of protective liability insurance in which the Agency shall be named as an additional insured with the bidder. The policy shall insure the Agency, its officers and its employees, the bidder, his employees, and his subcontractors and their employees, and their heirs, agents, and employees, while acting within the scope of their duties, against all claims arising out of or in connection with the Work to be performed, and shall remain in full force and effect until the Work is accepted by the Agency. The policy shall provide for the limits stated with any insurance policy carried by the Agency. The public liability insurance shall be in the amounts set forth in of the Supplementary General Provisions. The insurance company shall meet the financial strength rating requirements set forth in the General Provisions.
27. INSURANCE CODE REQUIREMENTS
Attention is called to the provisions of the Insurance Code of the State of California with reference to the writing of insurance policies and bonds covering risks located in this state, and the premiums and commissions thereon. A bidder to whom the Contract is awarded shall furnish, at the time his bond or bonds are submitted for approval, satisfactory evidence that the requirements of said code have been observed.
28. ASSIGNMENT
In accordance with Section 4552 of the Government Code, the bidder shall conform to the following requirements. In submitting a bid to the Agency, the bidder offers and agrees that if the bid is accepted, it will assign to the Agency all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act [Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code], arising from purchases of goods, services or materials by the Bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder.
29. WAGE RATES
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21 Pursuant to the Vista City Charter and the Vista Municipal Code, payment of prevailing wages and compliance with the California Labor Code Sections 1770 et seq IS required for this Project.
On Federally-funded projects, if there is a difference between the minimum wage rates predetermined by the Secretary of Labor and the general prevailing wage rates determined by the Director of the California Department of Industrial Relations for similar classifications of labor, the Contractor and subcontractors shall not pay less than the higher wage rate. The Supplementary General Conditions contain additional information regarding State and Federal prevailing wages.
This Project is funded with federal grant funds. Within ten (10) calendar days before the bid opening an addendum will be issued containing the latest Federal prevailing wage rate determinations to be used for the Project. More information and requirements are stated in Form FHWA 1273 titled “Federal Requirements for Federal-Aid Construction Projects”, included in the Specifications.
Information on the current prevailing wages can be obtained by contracting the State of California, Department of Industrial Relations, Division of Labor Statics and Research, 45 Fremont Street, Suite 1160, San Francisco, California, 94105, (415) 703-4774 or from the California Department of Industrial Relations’ internet website at http://www.dir.ca.go
30. SUBSTITUTION OF SECURITIES IN LIEU OF RETENTION
The Contractor may elect to receive one hundred percent (100%) of payments due under the Contract Documents from time to time, without retention from any portion of the payment by the Agency, if the Contractor deposits securities of equivalent value with the Agency in accordance with the provisions of Section 22300 of the California Public Contract Code. Such securities, if deposited by the Contractor, shall be valued by the Agency, whose decision on valuation of the securities shall be final. Securities eligible for investment under this provision shall be limited to those listed in Section and 16430 of the California Government Code.
31. “BUY AMERICA” PROVISION
This Project is subject to the “Buy America” provisions of the Surface Transportation Assistance Act of 1982 as amended by the Intermodal Surface Transportation Efficiency Act of 1991.
32. PROMPT PAYMENT OF SUBCONTRACTOR(S) PROVISIONS
All contract documents specifically contain Federal Law (49CFR26.29) that state that the prime contractor or subcontractor shall pay their subcontractors within seven (7) days for construction contracts, and within fifteen (15) days for consultant contracts. All contract documents shall also state that the prime contractor or subcontractor shall return all monies withheld in retention from all subcontractors within seven (7) days for construction contracts and fifteen (15) days for consultant contracts after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the agency. 06/11/2024 C5 67 of 450
22 33. COPELAND ACT ANTI-KICK BACK REQUIREMENTS
This project requires the enforcement of the Copeland Anti-Kick Back Act (18 USC 874) and Department of Labor regulations (29CFR, Part 3), which require that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he/she is otherwise entitled. The recipients of funds under this project shall report all suspected or reported violations to: City of Vista, Housing Division, 200 Civic Center Drive, Vista, CA 92084, 760.639.6191.
34. CONFLICT OF INTEREST
In the procurement of supplies, equipment, construction, and services by sub-recipients, the conflict of interest provisions in 24 CFR 85.36, OMB Circular A-110, and 24 CFR 570.611, respectively, shall apply. No employee, officer or agent of the sub-recipient shall participate in selection, or in the award or administration of a Contract supported by Federal funds if a conflict of interest, real or apparent, would be involved.
35. COMPLIANCE WITH CLEAN AIR AND WATER ACTS
During the performance of this Contract , the contractor and all subcontractors shall comply with the requirements of the Clean Air Act, as amended, 42 USC 1857 et seq., the Federal Water Pollution Control Act, as amended, 33 USC 1251 et seq., and the regulations of the Environmental Protection Agency with the respect thereto, at 40 CFR Part 15, as amended.
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23 INSTRUCTIONS FOR SIGNING BIDS, BONDS AND CONTRACTS
CORPORATIONS
Give name of corporation.
Proof of authorization shall be established (pursuant to Corporation Code Section 313) when the corporate officers listed below both sign the documents:
Signatures: Chairman of Board or President or Vice-President AND Secretary or Assistant Secretary or Chief Financial Officer or Assistant Treasurer.
Affix corporate seal and Notary's acknowledgment.
Others may sign to bind the corporation if the Agency has been furnished a certified copy of a resolution of the corporate board of directors authorizing them to do so.
PARTNERSHIPS
Signatures: All members of partnership. One may sign if the Agency has a copy of authorization [i.e., a Certificate of Partnership (State form LP-1 for Limited Partnerships) or a copy of the partnership agreement is sufficient to establish the authority of a single general partner to bind the partnership].
Affix Notary's acknowledgment.
JOINT VENTURES
Give the names of the joint ventures.
Signatures: All joint ventures. One may sign if the Agency has a copy of authorization.
Affix Notary's acknowledgment.
INDIVIDUALS
Signature: The individual.
Affix Notary's acknowledgment.
FICTITIOUS NAMES
Show fictitious names.
Satisfy all pertinent requirements shown above (note: If the Bidder is a sole proprietorship, either a Fictitious Business Name Statement or a City of Vista business license is sufficient to establish the authority of an individual to bind the sole proprietorship).
BONDS
In addition to all pertinent requirements above, give signature of Attorney-in-Fact and apply surety's seal.
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24 BID PROPOSAL
From: ______________________________________________________________, Bidder,
For: The construction of
STORM DRAIN IMPROVEMENTS
as specifically set forth in documents entitled
BOBOLINK STORM DRAIN PROJECT – PHASE 2 (C.I.P. Nos. 8913, 8197)
The undersigned hereby proposes and agrees that if his bid as submitted in the attached BID SCHEDULE be accepted, he will contract in the form so approved to perform all work for which a Contract may be awarded him, to furnish any and all plant, labor, services, materials, tools, equipment, supplies, transportation, utilities and all other items and facilities necessary therefore as provided in the Contract Documents, and to do everything required therein for the proposed Project as specifically set forth in said Contract Documents, together with appurtenances thereto, all as set forth on the Drawings and in the Project Specifications and other Contract Documents; and he further proposes and agrees to complete all the Work called for by the Drawings, Project Specifications, and other Contract Documents in strict conformity therewith within the time limits set forth therein; and that he will accept as full payment therefore the prices set forth in the BID SCHEDULE forming a part hereof.
The undersigned hereby submits either a Bid Bond or Bid Security in the form of Cash, a Cashier’s Check, or a Certified Check, using the forms included in these Bid Documents, properly made payable to CITY OF VISTA, hereinafter designated as the Agency, in an amount that is at least ten percent (10%) of the total base bid amount. The Bid Bond or Bid Security is attached hereto and is given as a guaranty that the undersigned will execute the Contract and furnish the required bonds if awarded the Contract and, in case of failure to do so within the time provided, the proceeds of said bond or bid security shall be forfeited to the Agency. The Surety’s liability to the Agency for forfeiture of the face amount of the bond shall be considered as established.
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25 It is understood and agreed that:
1. The undersigned has carefully examined all Bid documents and other Documents which will form the Contract, including all addenda as prepared prior to the date of bid opening setting forth any modifications or interpretations of any said documents.
2. The undersigned has, by investigating the site of work, by reviewing and analyzing the Plans and Specifications, and by otherwise familiarizing himself with the Project, has satisfied himself as to the nature and location of the Work and has fully informed himself as to all conditions and matters which can in any way affect the Work or the cost thereof.
3. The undersigned fully understands the scope of the Work and has included in the various related items of Work the cost of all work not listed as a separate item so that the Bid for the Project reflects the total cost for completing the Work in its entirety, has checked carefully all words and figures inserted in this Bid, and he further agrees that the Agency shall in no way be responsible for any errors or omissions in the preparation of this proposal.
4. The undersigned will execute the Contract and furnish the required Performance Bond, Payment Bond, and proof of insurance coverage within the stipulated time after the posting of a notice to him of acceptance of his bid by the Agency; and further, that this bid may not be withdrawn for a period of ninety (90) calendar days after the date set for the opening thereof unless otherwise required by law. If any bidder shall withdraw his bid within said period, the bidder shall be liable under the provisions of the Bid Security, or the bidder and his surety shall be liable under the Bid Bond, as the case may be.
5. The surety or sureties and insurance companies named in the space provided have agreed to furnish bonds, insurance, and endorsements in the form and amounts set forth in the Contract Documents in the event the Contract is awarded on the basis of this proposal.
6. The undersigned hereby certifies that this proposal is genuine and not sham or collusive or made in the interest or in behalf of any person not herein named, and the undersigned has not directly or indirectly induced or solicited any other bidder to put in a sham bid, or any other person, firm or corporation to refrain from bidding, and the undersigned has not in any manner sought by collusion to secure for himself an advantage over any other bidder.
7. In conformance with current statutory requirements of Section 1860, et. seq., of the Labor Code of the State of California, the undersigned confirms the following as his certification:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
8. Receipt of Addenda No. ___ through ___ is hereby acknowledged. (If none, write “NONE”).
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26 9. The prospective bidder certifies, by INITIALING AFTER THE FOLLOWING STATEMENT and by signing and submitting this bid, to the best of his or her knowledge and belief, that:
No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
Initials _______
If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure of Lobbying Activities,” in accordance with its instructions. The “Disclosure of Lobby Activities,” in accordance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certifications shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,0000 and that all such sub-recipients shall certify and disclose accordingly.
10. In compliance with the Notice Inviting Bids and all the provisions hereinbefore stipulated, the undersigned, with full cognizance thereof, hereby proposes to perform the entire work for the prices set forth in the attached BID SCHEDULE upon which award of the Contract is made.
(Continued on next page)
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27 DATE: ________________, 20_____ BIDDER’S NAME___________________________
BY______________________________________
Signature
________________________________________
Printed Name
TITLE____________________________________
BY______________________________________
Signature
________________________________________
Printed Name
TITLE____________________________________
(CORPORATE SEAL) BIDDER'S MAILING ADDRESS:
Name and address of all members ________________________________________ of the firm or names of all officers
of the corporation. ________________________________________
CORPORATION ORGANIZED UNDER THE LAWS
_________________________________ OF THE STATE OF
_________________________________ ________________________________________
_________________________________ CONTRACTOR'S LICENSE # _________________
_________________________________ EXPIRATION DATE_________________________
_________________________________ CONTRACTOR'S LICENSE CLASS______________
_________________________________ SURETY OR SURETIES: _____________________
_________________________________ ________________________________________
_________________________________ INSURANCE COMPANY:
_________________________________ ________________________________________
I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct:
______________ _________________________________
Date CONTRACTOR'S SIGNATURE
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28 BID SCHEDULE
Pursuant to and in compliance with the Notice Inviting Bids and other Contract Documents relating to the proposal for the construction of
STORM DRAIN IMPROVEMENTS
as specifically set forth in documents entitled
BOBOLINK STORM DRAIN PROJECT – PHASE 2 (C.I.P. Nos. 8913, 8197)
all in accordance with the Plans and Project Specifications on file at the City of Vista Engineering Department, the undersigned bidder, having familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the Work at the place the Work is to be done; and with the Plans, Project Specifications and other Contract Documents, hereby stipulated; the Contractor agrees to complete the Contract, including all of its component parts and everything required to be performed, and to provide and furnish any and all labor, materials, tools, equipment, expendable supplies and all utility and transportation services necessary to perform the Contract, and complete in a workmanlike manner all of the Work required in connection with the Contract, all in strict conformance with the Plans and Project Specifications on file at the City of Vista Engineering Department.
All items shall be finished and functional per Plans and the Contract Documents. Items designated with an ‘S’ in the Bid Item column of the Bid Schedule are Specialty Items per Subsection 2-3.2 (“Self Performance”) of the San Diego Regional Supplement to the Greenbook.
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29 Bid Items For
BOBOLINK STORM DRAIN PROJECT – PHASE 2 (CIP Nos. 8913, 8197)
TO BE COMPLETED THROUGH THE CITY’S ELECTRONIC BIDDING SYSTEM (OpenGov Procurement)
Note 1: The Bid Schedule Worksheet on pages 30 - 31 are only provided as a reference for preparing the bid.
Only the unit prices and totals entered in the OpenGov Procurement bidding system will be considered valid for purposes of the City’s bid evaluation. The low bidder bid schedule from OpenGov Procurement will be printed and inserted into the contract documents.
Note 2: Unit prices shall prevail over extended total and grand total prices. Late bids will not be accepted. The following “Description of Base Bid Items” is part of the Bid Schedule and shall be submitted with the bid.
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30 BID SCHEDULE WORKSHEET
(Provided for reference only, see NOTE 1 page 29 above)
BOBOLINK STORM DRAIN PROJECT – PHASE 2 (CIP Nos. 8913, 8197)
BID SCHEDULE TO BE COMPLETED THROUOGH THE CITY’S ELECTRONIC BIDDING SYSTEM (OpenGov Procurement)
Base Bid Items and Quantities
Bid
Item Description Of Work Qty. Unit
1 Mobilization & Demobilization
(5% maximum of Total Base Bid) 1 LS
2 Project Information Sign 1 EA
3 Public Notification per Supplementary General
Provisions, Section 7-12.2 1 LS
4 Storm Water Pollution Prevention and Erosion
Control 1 LS
5 Traffic Control, Construction Staging, and Steel
Trench Plate Covers 1 LS
6 Utility Potholing 1 LS
7 Coordinate with SDG&E and VID with any conflicts 1 LS 8 Trench Excavation Plan, Sheeting, Shoring and
Bracing 1 LS
9 Dewatering Measures 1 LS
10 Unforeseen Field Conditions (stipulated amount
$50,000) 1 LS
11 Record Drawing (“As-Built”) Plans (stipulated
amount $1,500) 1 LS
12 Sewer Bypass Plan and Implementation 1 LS
13 Remove and Dispose Existing 48” Dia Sewer
Manhole 1 EA
14 Slurry Fill Existing 8” VCP Sewer Main, Remove
and Dispose Portions in Conflict 105 LF
15 Construct 60” Dia Sewer Manhole per COV
Standard SM-02 3 EA
16 Connect 8” SDR35 Sewer Main to Manhole per
SDRSD SM-04 6 EA
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31 Bid
Item Description Of Work Qty. Unit
17 8” SDR35 Sewer Main 120 LF
18 New 4” Sewer Lateral from Sewer Main to
Property Line 4 EA
19 Remove Existing 36” RCP Concrete Plug and
Debris 1 LS
20 Remove 48” RCP Temporary Plug from Phase
1 1 LS
21 Construct PCC 6” Curb and Gutter per SDRSD
G-2 Over 6” Crushed Aggregate Base 40 LF
22 2’ Trench Bottom Over Excavation 942 LF
23 18” RCP (D-2000 minimum) per COV Standard
Modified DRN-02 Detail A 97 LF
24 36” RCP (D-2000 minimum) per COV Standard
Modified DRN-02 Detail A 832 LF
25 Connect Existing 48” RCP to New 48” RCP 1 LS
26 48” RCP (D-2000 minimum) per COV Standard
Modified DRN-02 Detail A 942 LF
27 Modified Type ‘A-7’ storm drain cleanout per
SDRSD D-09, 5’x7’ 4 EA
28 Modified Type ‘A-6’ storm drain cleanout per
SDRSD D-09, 6’x5’ 4 EA
29 5’ Type ‘B’ curb inlet per SDRSD D-02 including
stencil 2 EA
30 14’ Type ‘B’ curb inlet per SDRSD D-02
including stencil 1 EA
31 16’ Type ‘B’ curb inlet per SDRSD D-02
including stencil 1 EA
32 19’ Type ‘B’ curb inlet per SDRSD D-02
including stencil 1 EA
33 21’ Type ‘B’ curb inlet per SDRSD D-02
including stencil 1 EA
34 Construct 5’ Local Depression 6 EA
35 Construct 10’ Local Depression 6 EA
NOTE: Determination of the lowest bid shall be based solely on the lowest TOTAL BASE BID FOR IMPROVEMENTS.
Unit prices shall prevail over extended total and grand total prices. Late bids will not be accepted.
BID SCHEDULE WORKSHEET – END
(Provided for reference only, see Note 1 page 29)
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32 BID SCHEDULE TO BE COMPLETED THROUGH THE CITY’S ELECTRONIC BIDDING SYSTEM (OpenGov Procurement)
Description of Base Bid Items:
Bid Item 1 – Mobilization & Demobilization (5% Maximum of Total Base Bid): Bid item shall include full compensation for all bonds, insurance, sureties, licenses, permits, facilities, labor, equipment and material necessary to complete all work required in advance of construction operations, and upon the initiation of construction operations, to mobilize all required equipment, materials and personnel on-site, and complete all associated and appurtenant work in accordance with the Standard Specifications, the Supplementary General Provisions, and as directed by the Engineer. The Bid Item shall also include all labor, equipment and material required to clean-up and restore the site, demobilize and remove all equipment, materials, and staging, and complete all work required at the end of construction operations in accordance with the Standard Specifications, the Supplementary General Provisions, and as directed by the Engineer. The lump sum price for this item shall not exceed 5% of the Total Base Bid.
Bid Item 2 - Project Information Sign: Bid item shall include full compensation for labor, materials, and equipment to fabricate, install, and maintain project information sign. Sign layout can be found in the Appendix. Bid item shall include full compensation for labor, materials, and equipment to move project information sign to each location where the work is being conducted.
Bid Item 3 - Public Notification per Supplementary General Provisions, Section 7-12.2: Bid item shall include all necessary labor, materials, equipment, and all other related costs for preparation, copying, and distribution shall be considered as included in the lump sum price Bid for Public Notification for Work at this Location.
Bid Item 4 - Storm Water Pollution Prevention and Erosion Control: Bid item shall include full compensation for all labor, materials, and equipment required to complete all work necessary to maintain, repair and replace all temporary construction BMPs and associated work as required to ensure the project’s full compliance with State Water Resources Board’s General Construction Permit (Order No. 2009-0009-DWQ) and Section 7-8.6 of the Supplementary General Provisions. Bid item shall include all necessary labor, materials, and equipment and all other related costs for preparation, installation, adjustments, and removal shall be considered as included in the bid price. A SWPPP is not required for this project.
Bid Item 5 - Traffic Control, Construction Staging, and Steel Trench Plate Covers: Bid item shall include full compensation for all labor, materials, and equipment required to complete all work required to prepare, submit, and obtain approved Traffic Control Plans from the City of Vista Traffic Engineering Department; handle traffic (including flagging costs and person(s) to safely control pedestrian and vehicular traffic), furnish tools, equipment, and incidentals, and for performing all work involved in staging, constructing, furnishing, placing, removing, storing, maintaining, moving to new locations, replacing and disposing of the components of the traffic control system (including traffic control devices, temporary road resurfacing, and steel plate covers per COV Standard SRF-11A); installation and removal of all required temporary striping, and signing associated and appurtenant work as specified in the Standard Specifications, the Supplementary General Provisions, and as directed by the Engineer.
Bid Item 6 – Utility Potholing: Bid item shall include full compensation for all labor, materials, and equipment required to pothole any utilities adjacent to or crossing proposed trench identified by utility mark out as specified in the Standard Specifications, the Supplementary General Provisions, and as directed by the Engineer.
Bid Item 7 – Coordinate with SDG&E and VID with any conflicts: Bid item shall include full compensation for coordinating any conflicts discovered after utility mark out and potholing with the identified utility company.
Coordination shall include continuous discussions with the utility company and the City Inspector and Engineer for resolution of method to protect in place, brace, support, adjust, relocate, or replace to not create delay. 06/11/2024 C5 78 of 450
33 Bid Item 8 – Trench Excavation Plan, Sheeting, Shoring and Bracing: Bid item shall include full compensation for all labor, materials, and equipment required to provide City with Working Drawings (shoring plan) showing the design of the shoring, bracing, or other provisions used for the workers’ protection, and providing, installing, and maintaining the sheeting, shoring, and bracing while trench exceeds 5-feet in depth. The shoring plan shall be prepared by a registered Structural or Civil Engineer. The shoring plan shall accommodate existing underground utilities. No excavation shall start until the Engineer has accepted the shoring plan and the Contractor has obtained a permit from the State Division of Industrial Safety.
Bid Item 9 – Dewatering Measures: Bid item shall include full compensation for all labor, materials, and equipment required to provide dewatering of the trench so that improvements can be installed per Plans and Specifications, including but not limited to installing generator, temporary sumps, crushed rock, and appropriate pumps to discharge the water. Discharge lines and electrical conduits shall be recessed and covered by asphalt cold mix, steel plates, or other protection device as approved by the Engineer. Depending on the amount, discharge may be placed within the sewer system or storm drain pipes with permission of the owner’s thereof. Restoration of the recessed area with aggregate base and asphalt concrete shall be performed same as the trench restoration for the storm drain pipe and included in the lump sum price bid for Dewatering Measures.
Bid Item 10 – Unforeseen Field Conditions (stipulated amount $50,000): Bid item shall include full compensation for all labor, materials, and equipment required to provide City with additional work as determined by unforeseen field conditions and as directed by the Engineer.
Bid Item 11 - Record Drawing (“As-Built”) Plans. (stipulated amount $1,500): Bid item shall include full compensation for all labor, materials, and equipment required to provide City with accurate “red line” plans showing the exact location of all improvements, existing utilities, that have been modified as part of the Work.
Bid Item 12 – Sewer Bypass Plan and Implementation: Bid item shall include full compensation for all labor, materials, and equipment required to develop a Sewer Bypass Plan to handle the flow out of a 8” VCP with a Peak Wet Weather Flow of 0.13 MGD to be approved by the Engineer and to install, protect, monitor and maintain the sewer bypass and any subsequent moves or modifications required until the permanent sewer improvements are in place and fully functional and no additional payment will be made therefore.
Bid Item 13 – Remove and Dispose Existing 48” Dia Sewer Manhole: Bid item shall include full compensation for all labor, materials, and equipment required to remove, and dispose of existing sewer manhole per City Standard SWR-31, including removing existing manhole frame and cover, concrete rings, grade rings, and cone, break base, install concrete plugs on sewer mains, fill remaining manhole structure with 2-sack concrete slurry, backfill, and trench restoration per COV Standard Modified DRN-02 Detail A located in Appendix. Any other related work shall be considered as included or included in the costs of other work. No additional compensation will be made.
Bid Item 14 – Slurry Fill Existing 8” VCP Sewer Main, Remove and Dispose Portions in Conflict: Bid item shall include full compensation for all labor, materials, and equipment required to saw cut, excavate, remove and dispose of conflicting portions of the existing 8” VCP sewer main, fill the remaining pipe with concrete slurry, backfill, compact, and trench restoration per COV Standard Modified DRN-02 Detail A located in Appendix.
Any other related work shall be considered as included or included in the costs of other work. No additional compensation will be made.
Bid Item 15 – Construct 60” Dia Sewer Manhole: Bid item shall include full compensation for all labor, materials, and equipment required to install a 60” Diameter Precast Sewer Manhole per SDRSD SM-02, SM- 03, SM-05, and SDRSD SWR-04, including epoxy lining (minimum 125-ml thick) with Raven 405, holiday testing, backfill, and trench restoration per COV Standard Modified DRN-02 Detail A located in Appendix. Any other related work shall be considered as included or included in the costs of other work. No additional compensation will be made.
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34 Bid Item 16 – Connect 8” SDR35 Sewer Main to Manhole per SDRSD SM-04: Bid item shall include full compensation for all labor, materials, and equipment required to connect new 8” SDR35 sewer main to new 60” diameter manhole per SDRSD SM-04. Any other related work shall be considered as included or included in the costs of other work. No additional compensation will be made.
Bid Item 17 – 8” SDR35 Sewer Main: Bid item shall include full compensation for all labor, materials, and equipment required to install 8” SDR35 Sewer Main including saw cutting, trenching, excavation and disposal, compacting subgrade, installing pipe, standard bedding installation per COV Standard SWR-11, native backfill, structural section consisting of 4-inches of HMA over 8-inches of Class 2 aggregate base, and trench resurfacing with t-cap per COV Standard SRF-08A. Any other related work shall be considered as included or included in the costs of other work. No additional compensation will be made.
Bid Item 18 –New 4” Sewer Lateral from Sewer Main to Property Line: Bid item shall include full compensation for all labor, materials, and equipment required to install new 4-inch sewer lateral per SDRSD SS-02 from the new 8” SDR35 Sewer Main to the existing sewer lateral at the property line as shown on the Plans, including saw cutting, trenching, excavation and disposal, concrete slurry fill or removal of old lateral, installation of new 4” PVC sewer lateral, connections to new sewer main and existing lateral, concrete support (if needed), native backfill, structural section consisting of 4-inches of HMA over 8-inches of Class 2 aggregate base, and trench resurfacing with t-cap per COV Standard SRF-08A. Any other related work shall be considered as included or included in the costs of other work. No additional compensation will be made.
Bid Item 19 – Remove Existing 36” RCP Concrete Plug and Debris: Bid item shall include full compensation for all labor, materials, and equipment required to remove and dispose of existing 36-inch concrete plug and debris (i.e. dirt, rocks, trash, water) that accumulated at the end of the pipe. The location is part of the trench zone and shall be repaired same as the trench for the new RCP storm drain. Any other related work shall be considered as included or included in the costs of other work. No additional compensation will be made.
Bid Item 20 – Remove 48” RCP Temporary Plug from Phase 1: Bid item shall include full compensation for all labor, materials, and equipment required to remove and dispose of existing temporary 48-inch RCP concrete plug and plywood from Phase 1. The location is part of the trench zone and shall be repaired the same as the trench for the new RCP storm drain. Any other related work shall be considered as included or included in the costs of other work. No additional compensation will be made.
Bid Item 21 – Construct PCC 6” Curb and Gutter per SDRSD G-2 Over 6” Crushed Aggregate Base: Bid Item shall include full compensation for all labor, materials, and equipment required to sawcut, remove and dispose of existing 6” curb and gutter, install and compact 6-inches of crushed aggregate base, install PCC 6” curb and gutter per SDRSD G-2, fill slot patch with HMA, and retore trench per COV Standard SRF-08A.
Any other related work shall be considered as included or included in the costs of other work. No additional compensation will be made.
Bid Item 22 – 2’ Trench Bottom Over Excavation: Bid item shall include full compensation for all labor, materials, and equipment required to remove, and dispose of an additional 24” in depth of unsuitable material to make grade and backfill per COV Standard Modified DRN-02 Detail A in Appendix, geotextile fabric around 1” crushed aggregate according to these specifications. Any other related work shall be considered as included or included in the costs of other work. No additional compensation will be made. If no over-excavation is completed the Contractor will not be entitled to any compensation for this bid item.
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35 Bid Item 23 – 18” RCP (D-2000 minimum) per COV Standard Modified DRN-02 Detail A: Bid item shall include full compensation for all labor, materials, and equipment required to sawcut trench line, excavate trench including concrete, asphalt, unsuitable material, and tree roots, work around, protect in place, and support utilities adjacent to or crossing trench, disposal of excavated materials, preparing trench bottom for over excavation improvements, preparing trench for shoring and dewatering measures, installing RCP with water tight joints per COV Standard Modified DRN-02 Detail A located in Appendix, 2-sack concrete slurry backfill, CCTV Video inspection, and trench restoration including grinding concrete slurry and adjacent asphalt for placement of a t-cap, and installing 2-inch asphalt surface course. Any other related work shall be considered as included or included in the costs of other work. No additional compensation will be made.
Bid Item 24 – 36” RCP (D-2000 minimum) per COV Standard Modified DRN-02 Detail A: Bid item shall include full compensation for all labor, materials, and equipment required to sawcut trench line, excavate trench including concrete, asphalt, unsuitable material, and tree roots, work around, protect in place, and support utilities adjacent to or crossing trench, disposal of excavated materials, preparing trench bottom for over excavation improvements, preparing trench for shoring and dewatering measures, installing RCP with water tight joints per COV Standard Modified DRN-02 Detail A located in Appendix, 2-sack concrete slurry backfill, CCTV Video inspection, and trench restoration including grinding concrete slurry and adjacent asphalt for placement of a t-cap, and installing 2-inch asphalt surface course. Any other related work shall be considered as included or included in the costs of other work. No additional compensation will be made.
Bid Item 25 – Connect Existing 48” RCP to New 48” RCP: Bid Item shall include full compensation for all labor, materials, and equipment required to connect existing 48-inch RCP to new48-inch RCP, including concrete pipe collar per SDRSD D-62 and applying mortar to the inside of the pipe joint. Any other related work shall be considered as included or included in the costs of other work. No additional compensation will be made.
Bid Item 26 – 48” RCP (D-2000 minimum) per COV Standard Modified DRN-02 Detail A: Bid item shall include full compensation for all labor, materials, and equipment required to sawcut trench line, excavate trench including concrete, asphalt, unsuitable material, and tree roots, work around, protect in place, and support utilities adjacent to or crossing trench, disposal of excavated materials, preparing trench bottom for over excavation improvements, preparing trench for shoring and dewatering measures, installing RCP with water tight joints per COV Standard Modified DRN-02 Detail A located in Appendix, 2-sack concrete slurry backfill, CCTV Video inspection, and trench restoration including grinding concrete slurry and adjacent asphalt for placement of a t-cap, and installing 2-inch asphalt surface course. Any other related work shall be considered as included or included in the costs of other work. No additional compensation will be made.
Bid Item 27 – Modified Type ‘A-7’ storm drain cleanout per SDRSD D-09, 5’x7’: Bid item shall include full compensation for all labor, materials, and equipment required to install storm drain cleanout at the location per the dimensions shown on the plans and described herein including excavation, disposal of excavated materials, compacting subgrade or preparing subgrade for over excavation improvements, installing cleanout per modified SDRSD D-09, 6.5’x7.0’, connecting RCP storm drain pipes to box, joints set in mortar, backfilling with crushed aggregate base, asphalt trench restoration including t-cap per COV Standard SRF- 08A, and any other related work shall be considered as included or included in the costs of other work. No additional compensation will be made.
Bid Item 28 – Modified Type ‘A-6’ storm drain cleanout per SDRSD D-09, 6’x5’: Bid item shall include full compensation for all labor, materials, and equipment required to install storm drain cleanout at the location per the dimensions shown on the plans and described herein including excavation, disposal of excavated 06/11/2024 C5 81 of 450
36 materials, compacting subgrade or preparing subgrade for over excavation improvements, installing cleanout per modified SDRSD D-09, 6.5’x7.0’, connecting RCP storm drain pipes to box, joints set in mortar, backfilling with crushed aggregate base, asphalt trench restoration including t-cap, replacement of curb, gutter and sidewalk disturbed or damaged, and any other related work shall be considered as included or included in the costs of other work. No additional compensation will be made.
Bid Item 29 – 5’ Type ‘B’ curb inlet per SDRSD D-02 including stencil: Bid item shall include full compensation for all labor, materials, and equipment required to install storm drain curb inlet at the location per the dimensions shown on the plans and described herein including saw cutting, excavation, disposal of excavated materials, compacting subgrade or preparing subgrade for over excavation improvements, installing Type ‘B’ curb inlet per SDRSD D-02 including wing, stencil, connecting new RCP storm drain pipes to box, joints set in mortar, backfilling with crushed aggregate base, asphalt trench restoration including t- cap per COV Standard SRF-08A, and any other related work shall be considered as included or included in the costs of other work. No additional compensation will be made.
Bid Item 30 – 14’ Type ‘B’ curb inlet per SDRSD D-02 including stencil: Bid item shall include full compensation for all labor, materials, and equipment required to install storm drain curb inlet at the location per the dimensions shown on the plans and described herein including saw cutting, excavation, disposal of excavated materials, compacting subgrade or preparing subgrade for over excavation improvements, installing Type ‘B’ curb inlet per SDRSD D-02 including wing, stencil, connecting new RCP storm drain pipes to box, joints set in mortar, backfilling with crushed aggregate base, asphalt trench restoration including t- cap per COV Standard SRF-08A, replacement of curb, gutter, and sidewalk disturbed or damaged, and any other related work shall be considered as included or included in the costs of other work. No additional compensation will be made.
Bid Item 31 – 16’ Type ‘B’ curb inlet per SDRSD D-02 including stencil: Bid item shall include full compensation for all labor, materials, and equipment required to install storm drain curb inlet at the location per the dimensions shown on the plans and described herein including saw cutting, excavation, disposal of excavated materials, compacting subgrade or preparing subgrade for over excavation improvements, installing Type ‘B’ curb inlet per SDRSD D-02 including wing, stencil, connecting new RCP storm drain pipes to box, joints set in mortar, backfilling with crushed aggregate base, asphalt trench restoration including t- cap per COV Standard SRF-08A, replacement of curb, gutter, and sidewalk disturbed or damaged, and any other related work shall be considered as included or included in the costs of other work. No additional compensation will be made.
Bid Item 32 – 19’ Type ‘B’ curb inlet per SDRSD D-02 including stencil: Bid item shall include full compensation for all labor, materials, and equipment required to install storm drain curb inlet at the location per the dimensions shown on the plans and described herein including saw cutting, excavation, disposal of excavated materials, compacting subgrade or preparing subgrade for over excavation improvements, installing Type ‘B’ curb inlet per SDRSD D-02 including wing, stencil, connecting new RCP storm drain pipes to box, joints set in mortar, backfilling with crushed aggregate base, asphalt trench restoration including t- cap per COV Standard SRF-08A, and any other related work shall be considered as included or included in the costs of other work. No additional compensation will be made. If there is a conflict with utility pole or anchor, length of the wing can be shortened to fit, as approved by the Engineer.
Bid Item 33 – 21’ Type ‘B’ curb inlet per SDRSD D-02 including stencil: Bid item shall include full compensation for all labor, materials, and equipment required to install storm drain curb inlet at the location per the dimensions shown on the plans and described herein including excavation, disposal of excavated materials, compacting subgrade or preparing subgrade for over excavation improvements, installing Type ‘B’ curb inlet per SDRSD D-02 including stencil, connecting new RCP storm drain pipes to box, joints set in 06/11/2024 C5 82 of 450
37 mortar, backfilling with crushed aggregate base, compaction, asphalt trench restoration including t-cap per COV Standard SRF-08A, replacement of curb, gutter, and sidewalk disturbed or damaged, and any other related work shall be considered as included or included in the costs of other work. No additional compensation will be made.
Bid Item 34 – Construct 5’ Local Depression: Bid Item shall include full compensation for all labor, materials, and equipment required to install local depression on both sides of the curb inlet as shown on the Plans, including demolition and disposal of existing asphalt and concrete, grading, 6-inches of Class 2 crushed aggregate base, PCC Local Depression per Detail on Sheet 2 and COV Standard SRF-07, replacement of affected concrete improvements, asphalt slot patch per COV Standard SRF-08A, and any other related work shall be considered as included or included in the costs of other work. No additional compensation will be made.
Bid Item 35 – Construct 10’ Local Depression: Bid Item shall include full compensation for all labor, materials, and equipment required to install local depression on both sides of the curb inlet as shown on the Plans, including demolition and disposal of existing asphalt and concrete, grading, 6-inches of Class 2 crushed aggregate base, PCC Local Depression per Detail on Sheet 2 and COV Standard SRF-07, replacement of affected concrete improvements, asphalt slot patch per COV Standard SRF-08A, and any other related work shall be considered as included or included in the costs of other work. No additional compensation will be made.
-END OF BID SCHEDULE-
06/11/2024 C5 83 of 450
38 CONTRACTOR'S LICENSING STATEMENT
The undersigned is licensed in accordance with the laws of the State of California providing for the registration of Contractors.
Contractor's License Number: _________________________________________________________________
Contractor's License Class: _________________________________________________________________
Expiration Date: _________________________________________________________________
(As described in the INSTRUCTIONS FOR SIGNING BIDS, BONDS AND CONTRACTS, complete and sign the appropriate section for your company)
Name of Individual Contractor (Print or type): ____________________________________________________
Signature of Contractor: _________________________________________________________________
Business Address: _________________________________________________________________
or
Name of Partnership or Joint Venture Firm: ____________________________________________________
Business Address: ________________________________________________________________________
Signature, printed name, title and address of members signing on behalf of the partnership:
Signature: _____________________ Name: ______________________ Title: ______________________
Address: _________________________________________________________________________________
Signature: _____________________ Name: ______________________ Title: ______________________
Address: _________________________________________________________________________________
or
Name of Corporation: ________________________________________________________________________
Business Address: ________________________________________________________________________
Corporation organized under the laws of the State of _____________________________________________
_______________________________________ __________________________________________ Signature of Officer of Corporation Printed Name and Title
_______________________________________ __________________________________________ Signature of Officer of Corporation Printed Name and Title
06/11/2024 C5 84 of 450
39 PROJECT REFERENCES
The Bidder shall provide evidence that the Bidder has had the prior experience to properly perform in accordance with the terms of these Plans and Project Specifications.
List ALL contracts with public agencies entered within the past five (5) years of the most recent projects for which the Bidder has completed work of similar size and complexity to this project as the General (or Prime) Contractor, and the names and phone numbers of the contracting public agencies. Make copies of this page for listing additional projects.
Project
No. Date Completed Public Agency Name,
Contact Person & Phone
Project Name and Description of
Work Contract Amount
1. 2.
3. 4.
5. 6.
7. Note: Attached pre-printed list to this page to list additional projects. 06/11/2024 C5 85 of 450
40 CONTRACTOR’S LIST OF SUBCONTRACTORS
PROJECT NAME: BOBOLINK STORM DRAIN PROJECT – PHASE 2 (C.I.P. Nos. 8913, 8197)
NAME OF BIDDER: ______________________________________________________________________________
In accordance with Division 2, Part 1, Chapter 4 of the Public Contract Code, the prime Contractor shall submit with its Bid a list of subcontractors who will perform work in excess of one-half of one percent (0.5%) of the prime Contractor’s total Bid or $10,000, whichever is greater.
Subcontractors listed must be properly licensed for the type of work they are to perform, and their license numbers must be indicated below. Do not list alternate subcontractors for the same work.
Name under which
Subcontractor is licensed
License No.
and Class
Address of Office,
Mill or Shop
DBE
(Yes/No)
Bid
Item
No(s).
Description of
Subcontractor’s
Portion of Work
Dollar Value
of
Subcontract
(Provide additional copies of this sheet if needed)
06/11/2024 C5 86 of 450
41 CONTRACTOR’S CERTIFICATION ON FEDERAL CONTRACT
REQUIREMENTS
I hereby certify that I have reviewed the federal construction contract-related requirements (included in appendices A, B, and C) imposed on the Contractor(s) of ARPA - funded construction projects and fully understand all my obligations if the project is awarded to me.
Project Name:
Location:
Amount of Bid: $
Name of Bidder
Print Name and Title
Street Address
City, State Zip Code
Signature
06/11/2024 C5 87 of 450
42 Certification Regarding Debarment, Suspension, Proposed Debarment, and Other Responsibility Matters (Per 48CFR 52.209-5)
1. The Bidder certifies, to the best of its knowledge and belief, that the Bidder and its Principals, and any of its prospective subcontractors for this award:
a) Are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal, State or local agency;
b) Have not, within a three-year period preceding this offer, 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) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal, State or local criminal tax laws, or receiving stolen property (if Bidder checks “have”, the Bidder shall also see 52.209-7, if included in this solicitation);
c) Are not presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in subdivision (a)(1)(i)(B) of this provision;
d) Have not, within a three-year period preceding this offer, been notified of any delinquent Federal, State or local taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.
e) Have not, within a 3-year period preceding this offer, had one or more contracts terminated for default by any Federal, State or local agency; and
f) Do not have an Active Exclusion on the System for Award Management (SAM), which is available at https://sam.gov/
2. The Bidder shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Bidder learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
3. The certification in paragraph (1) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Bidder knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this award for default.
4. Where the Bidder is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this certification form.
Company Name: Date:
Name: Signature:
(President or Authorized Official of Consultant)
Guidance:
(A) Bidder’s (or its subconsultant’s) inability to certify to the items in paragraph (1)(B), (1)(C), (1)(D), and (1)(E) will not necessarily result in withholding of an award. However, this certification will be considered in connection with a determination of the Bidder's responsibility. Failure of the Bidder to furnish a certification or provide such additional information as required in paragraph (4) above or as requested by the Contracting Officer may render 06/11/2024 C5 88 of 450
43 Certification Regarding Debarment CONT.
the Bidder nonresponsive. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (1) above. The knowledge and information of an Bidder is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
(B) “Principal”, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).
(C) Federal taxes are considered delinquent if both of the following criteria apply:(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. (ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.
Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. § 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. § 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. § 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code). 06/11/2024 C5 89 of 450
44 _________
______________
_________
_____________
_______________________
DISCLOSURE OF LOBBYING ACTIVITIES Approved by OMB
Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 0348-0046 (See reverse for public burden disclosure.)
1. Type of Federal Action:
a. contract
b. grant
c. cooperative agreement
d. loan
e. loan
f. loan insurance
2. Status of Federal Action:
a. bid/offer/application
b. initial award
c. post-award
3. Report Type:
a. initial filing
b. material change
For Material Change Only:
year quarter
date of last report
4. Name and Address of Reporting Entity:
Prime Subawardee
Tier , if known :
Congressional District, if known : 4c
5. If Reporting Entity in No. 4 is a Subawardee, Enter Name and Address of Prime:
Congressional District, if known :
6. Federal Department/Agency: 7. Federal Program Name/Description:
CFDA Number, if applicable :
8. Federal Action Number, if known : 9. Award Amount, if known :
$
10. a. Name and Address of Lobbying Registrant b. Individuals Performing Services (including address if ( if individual, last name, first name, MI ): different from No. 10a ) (last name, first name, MI ):
11. Information requested through this form is authorized by title 31 U.S.C. section 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Signature:
Print Name:
Title:
Telephone No.: Date:
Federal Use Only: Authorized for Local Reproduction
Standard Form LLL (Rev. 7-97)
guarantee
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45 INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employeeof any agency, a Member of Congress, an officer or employeeof Congress, or an employeeof a Member of Congress in connection with a covered Federal action. Completeall items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action.
4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.
5. If the organization filing the report in item 4 checks "Subawardee," then enter the full name, address, city, State and zip code of the prime Federal recipient. Include Congressional District, if known.
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizationallevel below agency name, if known. For example, Department of Transportation, United States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001."
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5.
10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action.
(b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI).
11. The certifying official shall sign and date the form, print his/her name, title, and telephone number.
According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, DC 20503.
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46 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
Executive Order 11246
This certification is required pursuant to Executive Order 11246 (30 F. R. 12319-25). The implementing rules and regulations provide that any bidder or prospective contractor, or any of their proposed subcontractors, shall state as an initial part of the bid or negotiations of the contract whether it has participated in any previous contract or subcontract subject to the equal opportunity clause, and, if so, whether it has filed all compliance reports due under applicable instructions.
Where the certification indicates that the bidder has not filed a compliance report due under applicable instructions, such bidder shall be required to submit a compliance report within seven calendar days after bid opening. No contract shall be awarded unless such report is submitted.
1. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clauses, as required by Executive Orders 10925, 11114, 11246, or 11375.
YES, If yes, identify the most recent contract:
NO
2. Compliance reports were required to be filed in connection with such contract or subcontract.
YES, If yes, identify the most recent contract:
NO
3. Bidder has filed all compliance reports due under applicable instructions. YES
NO
4. Have you ever been or are you being considered for sanction due to violation of Executive Order 11246, asamended?
YES
NO
Company:
Signature Title Date
Signature Title Date
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47 NON-SEGREGATED FACILITIES CERTIFICATION EXECUTIVE ORDER 11246 (30 F.R. 12319-25)
This certification is required pursuant to Executive Order 11246 (30 F.R. 12319-25). The bidder's attention is called to the clause entitled Equal Employment Opportunity of the General Conditions of the Contract for Construction.
"Segregated facilities," as used in this provision, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin because of habit, local custom, or otherwise.
By the submission of this bid, the bidder certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The bidder agrees that a breach of this certification is a violation of the Equal Employment Opportunity clause in the contract.
The bidder further agrees that (except where it has obtained identical certifications from proposed subcontractors for specific time periods) prior to entering into subcontracts which exceed $10,000 and are not exempt from the requirements of the Equal Employment Opportunity clause, it will obtain identical certifications from the proposed subcontractors; retain the certifications in its files; and forward the following notice to the proposed subcontractors (except if the proposed subcontractors have submitted identical certifications for specific time periods):
Notice to Prospective Subcontractors of Requirement for Certifications of Non- segregated Facilities
A Certification of Non-segregated Facilities must be submitted before the award of a subcontract exceeding $10,000 which is not exempt from the provisions of the Equal Employment Opportunity clause of the prime contract. The certification may be submitted either for each subcontract or for all subcontracts during a period (i.e., quarterly, semiannually, or annually).
I, hereby certify that all the information stated herein, as well as any information provided in the accompaniment herewith, is true and accurate.
Company:
Signature Title Date
Signature Title Date
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48 NON-LOBBYING CERTIFICATION FOR FEDERAL-AID CONTRACTS
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly.
BIDDER’S SIGNATURE DATE
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49 NON-COLLUSION DECLARATION
BOBOLINK STORM DRAIN PROJECT – PHASE 2 (C.I.P. Nos. 8913, 8197)
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
The undersigned declares:
I am the __________________ of _________________________________, the party making the foregoing bid. (Title) (Company Name)
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on
________________________, at ________________________________, ___________________________.” (Date) (City) (State)
________________________________________
Signature
________________________________________
Printed Name
________________________________________
Title
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50 BID SECURITY FORM
Note: This form is to be used when the Bidder chooses to submit cash or a check instead of a bid bond as bid security. Cash or a cashier’s or certified check in the amount of not less than ten percent (10%) of the total Base Bid must accompany the bid.
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Vista (“Agency”) has issued an invitation for bids for the work described as follows:
BOBOLINK STORM DRAIN PROJECT – PHASE 2 (CIP Nos. 8913, 8197)
WHEREAS
(Name, address, and telephone number of Bidder)
the undersigned bidder (“Bidder”), has submitted the accompanying bid to Agency for the work.
WHEREAS, bidders are required under the provisions of the Vista Municipal Code to furnish a form of bidder’s security with their bid.
NOW, THEREFORE, the undersigned Bidder, is held and firmly bound unto Agency in the penal sum not less than ten percent (10%) of the total base bid amount, in lawful money of the United States of America in the form of *Cash, *a Certified Check, *a Cashier’s Check (* Strike out the inapplicable words) for the payment of which sum we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the Bidder shall not withdraw said bid within the period specified in the bidding specification, or, if no period be specified, for ninety (90) calendar days after the bid opening; or if the Bidder does not attempt to withdraw the bid when the requirements of Public Contract Code §5101 et seq. are not met; or if the Bidder is awarded a contract for the work by Agency and, within the time and in the manner required by the bidding specification , or if no period be specified, within ten (10) working days after the Contract is awarded, enters into the written form of contract included with bidding specification, furnishes the required bonds, one to guarantee faithful performance and the other to guarantee payment for labor and materials, and furnishes the required insurance coverages, then this obligation shall become null and void and the cash or check shall be returned to Bidder; otherwise, the proceeds of the cash or check shall become the property of the Agency and the Bidder shall have no further interest therein. [Text and signatures continued on page 2.]
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51 In case suit is brought against the Bidder based on this obligation, Bidder further agrees to pay all court costs incurred by Agency in the suit and reasonable attorneys’ fees in an amount fixed by the court.
IN WITNESS WHEREOF, this instrument has been duly executed by Bidder on the date set forth below, the name of each corporate officer being hereto affixed, and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
Bidder
By:
Its
By:
Its
(Seal)
This form must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached.
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52 Bond No.:
BID BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
The City of Vista (“City”) has issued an invitation for bids for the work described as follows:
BOBOLINK STORM DRAIN PROJECT – PHASE 2 (C.I.P. Nos. 8913, 8197)
(Name, address, and telephone number of Bidder)
the undersigned bidder (“Principal”), has submitted the accompanying bid to City for the work.
Bidders are required under the provisions of the Contract to furnish a form of bidder’s security with their bid.
NOW, THEREFORE, we, the undersigned Principal, and
(Name, address, and telephone number of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto City in the penal sum not less than ten percent (10%) of the total base bid amount, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal shall not withdraw said bid within the period specified in the bidding specification, or, if no period be specified, for ninety (90) calendar days after the bid opening; or if the Principal does not attempt to withdraw the bid when the requirements of Public Contract Code §5101 et seq. are not met; or if the Principal is awarded a contract for the work by City and, within the time and in the manner required by the bidding specification , or if no period be specified, within ten (10) working days after the Contract is awarded, enters into the written form of contract included with bidding specification, furnishes the required bonds, one to guarantee faithful performance and the other to guarantee payment for labor and materials, and furnishes the required insurance coverages, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.
In case suit is brought upon this bond, Surety further agrees to pay all court costs incurred by City in the suit and reasonable attorneys’ fees in an amount fixed by the court.
Surety, for value received, hereby stipulates and agrees that no change, extension of time for award of a contract after opening of bids, alteration, addition, modification, or supplement to the terms of the bidding documents, the work to be performed thereunder, or the Contract Documents shall in any way affect Surety’s obligations under this Bond, and Surety does hereby waive notice of any such change, extension of time, alteration, addition, modification or supplement to the terms of said Bidding Documents, the Work to be performed thereunder, or the Contract Documents. Surety hereby waives the provisions of California Civil Code §§ 2819, 2845, and 2849. City is an intended beneficiary of this bond and has all rights of a party thereto. [Text and signatures continued on page 2.]
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53 IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed, and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
“Principal”
By:
Signature
Name and Title
By:
Signature
Name and Title
(Seal)
“`Surety”
By:
Signature
Name and Title
By:
Signature
Name and Title
(Seal)
This bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached.
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54 CONSTRUCTION CONTRACT
THIS CONTRACT is made and entered into as of _____________________________ (“Contract Date”), by and between the City of Vista, a chartered municipal corporation (“Agency”), and Namex, status (“Contractor”). Agency and Contractor are sometimes individually referred to as a “Party” and collectively as “Parties.”
In consideration of the mutual covenants contained herein, Agency and Contractor agree as follows:
SECTION 1
The Contract Documents consisting of the PROJECT SPECIFICATIONS, comprised of the NOTICE INVITING BIDS, the INSTRUCTIONS TO BIDDERS, the accepted BID PROPOSAL; BID SCHEDULE; CONTRACTOR’S LICENSING STATEMENT; PROJECT REFERENCES; CONTRACTOR’S LIST OF SUBCONTRACTORS; CONTRACTOR’S CERTIFICATION ON FEDERAL CONTRACT REQUIREMENTS; CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS; DISCLOSURE OF LOBBYING
ACTIVITIES AND INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES; EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION; NON-SEGREGATED FACILITIES CERTIFICATION; NON-LOBBYING CERTIFICATION FOR FEDERAL-AID CONTRACTS; NON-COLLUSION DECLARATION (Federal Form); ; BID SECURITY FORM (WITH BID BOND, CASH, CERTIFIED CHECK OR CASHIER’S CHECK INCLUDED); the CONSTRUCTION CONTRACT, PAYMENT BOND, CONTRACTOR’S CERTIFICATE, SUPPLEMENTARY GENERAL PROVISIONS, SUPPLEMENTARY TECHNICAL PROVISIONS, Special Provisions, Plans, Standard Plans and Specifications; together with all additions, deletions, modifications, appendices, and all addenda (No. ?), as prepared prior to the date of bid opening setting forth any modifications or interpretations of any said documents, are hereby incorporated in and made a part of this Contract as fully as if set forth herein.
SECTION 2
For and in consideration of the payments and agreements to be made and performed by the Agency as set forth in said Contract Documents, the Contractor agrees with the Agency to construct
PROJECT
as specifically set forth in documents entitled
DOCUMENTS
for which award of the Contract was made, to furnish at his own proper cost and expense all plant, labor, services, materials, tools, equipment, supplies, transportation, utilities and all other items and facilities necessary therefore, as provided in the Contract Documents, and to do everything required therein. In accordance with the provisions of Section 3700 of the Labor Code, the Contractor will be required to secure the payment of Worker’s Compensation Insurance for its employees.
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55 SECTION 3
For furnishing all said services and materials, payment of premiums on insurance policies, obtaining all permits and licenses of a temporary nature, furnishing and removing all plant, temporary work or structures, tools, and equipment, and for doing all the Work contemplated and embraced in this Contract, also for all loss and damage arising out of the nature of the aforesaid work during its progress or prior to acceptance from the action of the elements and from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work, and for all other risks of any description connected with the Work, also for all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as in the said Contract Documents are expressly stipulated to be borne by the Agency, and for well and faithfully completing the Work and the whole thereof within the stipulated time and in the manner shown and described in the said documents, and in accordance with the requirements of the Engineer under them, the Agency will pay, and the Contractor shall receive in full compensation therefore, the prices set forth by him in the accepted bid. The total compensation will be computed on the basis of the units of work actually performed in accordance with the requirements of the Contract Documents and paid for at the stipulated prices named in the BID SCHEDULE for completion of the Work.
SECTION 4
The Agency hereby promises and agrees with the said Contractor to employ, and does hereby employ the said Contractor to provide the materials and to do the Work according to the terms and conditions herein contained and referred to, for the price aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Contract Documents, and the Parties for themselves, their heirs, executors, administrators, successors and assigns do hereby agree to the full performance of the covenants herein contained.
SECTION 5
Contractor agrees to indemnify, defend, and save harmless, the Agency, its officers, agents, employees and volunteers from and against any and all claims, demands, damages, losses and expenses, defense costs including attorney fees, or liability of any kind or nature which the Agency, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property as a result of, arising out of, or in any manner connected with the Contractor’s performance under the terms of this Contract, caused in whole or in part by any negligent or willful acts or omission 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, except where caused by the active negligence, sole negligence, or willful misconduct of the Agency.
SECTION 6
Contractor agrees that the Payment Bond and Performance Bond attached to/submitted concurrently with this Contract are for reference purposes only, and shall not be considered a part of this Contract.
Contractor further agrees that said bonds are separate obligations of the Contractor and its surety, and that any attorneys’ fee provision contained in any payment bond or performance bond shall not apply to this Contract. In the event there is any litigation between the Parties arising from the breach of this Contract, each Party will bear its own attorneys’ fees in the litigation. 06/11/2024 C5 101 of 450
56 SECTION 7
Contractor agrees to abide by all required contract provisions of federal-aid construction contracts, including Federal Coronavirus Local Fiscal Recovery Fund (CLFRF) requirements, per Exhibit A and Exhibit C, which is hereby incorporated in and made a part of this Contract as fully as if set forth herein.
Contractor agrees to pay generally prevailing wages per the Federal Prevailing Wage Rate Determination as provided in Exhibit B or pursuant to California law (8 CCR § 16001) where California prevailing wage rates are higher than the applicable federal rate.
IN WITNESS WHEREOF, the Parties have caused this Contract to be executed as of the Contract Date.
CITY OF VISTA, a chartered municipal
corporation
By:
JOHN B. FRANKLIN, MAYOR
ATTEST:
KATHY VALDEZ, CITY CLERK
By:
APPROVED AS TO FORM:
WALTER CHUNG, CITY ATTORNEY
By:
RISK MANAGEMENT REVIEW:
DOLORES GASCON, RISK MANAGER
By:
NAMEX, status
By:
Name/Title
By:
Name/Title
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57 Bond No.
Premium: $
Effective Date:
PERFORMANCE BOND
BOBOLINK STORM DRAIN PROJECT – PHASE 2 (CIP Nos. 8913, 8197) KNOW ALL PERSONS BY THESE PRESENTS that:
The City of Vista (“City”) has awarded a contract (the “Contract”) with The Principal (“Principal”) as follows:
Contract Title,
which Contract, and all Contract Documents set forth therein, are incorporated herein and made a part thereof by this reference.
Principal is required under the terms of the Contract to furnish a bond guaranteeing the prompt, full, and faithful performance of the Contract concurrently with delivery of the signed Contract to City.
NOW, THEREFORE, we, the undersigned Principal, and
,
(Name, address, and telephone number of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto City in the penal sum of Amount Dollars ($xxx), this amount being not less than one hundred percent (100%) the total contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform all the undertakings, terms, covenants, conditions and agreements in the Contract and any alteration thereof made as therein provided, on Principal’s part to be kept and performed, all within the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and hold harmless City and its officers, agents, and others as therein provided, from any and all losses, liability and damages, claims, judgments, stop payment notices, costs, and fees of every description, whether imposed by law or equity, which may be incurred by City by reason of the failure or default on the part of Principal in the performance of any or all of the terms or the obligations of the Contract Documents, as they may be amended and supplemented including, but not limited to, Principal’s liability for City’s damages (including direct and consequential damages incurred by City for: rental expenses; losses of use, income, profit, business, and reputation; increased financing costs; and loss of management or employee productivity or of the services of such persons) caused by Principal’s delays, as well as Principal’s liability for other delay damages or liquidated damages, and any warranties or guarantees required thereunder; then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.
When City declares that Principal is in default under the Contract, Surety shall promptly, take one of the following actions:
(a) Remedy the default;
(b) Undertake through its agents or independent contractors reasonably acceptable to City, to complete the Project according to the Contract Documents’ terms and conditions then in effect including without limitation, all obligations with respect to warranties, guarantees, and the payment of liquidated damages; or, if required by City; (c) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions using a procurement methodology approved by City, select a contractor or contractors — acceptable to City — to complete all of the Work, and arrange for a contract between the contractor(s) and City, to be secured with performance and 06/11/2024 C5 103 of 450
58 payment bonds executed by an admitted surety insurer equivalent to the bonds issued on the Construction Contract, and Surety shall make available, as the Work progresses, sufficient funds to pay the cost of completion less the
balance of the Contract Sum, and to pay and perform all obligations of Principal under the Contract and Contract Documents, including other costs and damages for which Surety is liable under this Bond and all obligations with respect to warranties, guarantees, and the payment of liquidated damages as a result of Contractor’s default; (d) Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances:
(i) After investigation, determine the amount for which it may be liable to City and, as soon as practicable after the amount is determined, make payment to City; or (ii) Deny liability in whole or in part and notify City, citing the reasons for denial.
If Surety does not proceed as provided above with reasonable promptness, Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from City to Surety demanding that Surety perform its obligations under this Bond, and City shall be entitled to enforce any remedy available to City. If Surety admits liability and tenders payment, and City refuses the payment, or Surety has denied liability, in whole or in part, without further notice City shall be entitled to enforce any remedy available to City.
In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys’ fees in an amount fixed by the court. Principal and Surety agree that this Performance Bond shall not be considered a part of the Contract but rather is a separate obligation of Principal and its Surety, and that any attorneys’ fee provision contained in this Performance Bond shall not apply to the Contract. In the event there is any litigation between the parties arising from the breach of the Contract, each party will bear its own attorneys’ fees in the litigation.
FURTHER, Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code §§ 2819, 2845, and 2849.
City is an intended beneficiary of this bond and has all rights of a party thereto. [Text and signatures continued on page 3.]
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59 IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
“Principal”
THEPRINCIPAL
By:
Signature
Name and Title
By:
Signature
Name and Title
(Seal)
“`Surety”
By:
Signature
Name and Title
By:
Signature
Name and Title
(Seal)
This bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached.
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60 Bond No.
Premium: $
Effective Date:
PAYMENT BOND
(LABOR AND MATERIALS)
BOBOLINK STORM DRAIN PROJECT – PHASE 2 (CIP Nos. 8913, 8197) KNOW ALL PERSONS BY THESE PRESENTS that:
The City of Vista (“City”) has awarded a contract (the “Contract”) to The Principal (“Principal”) as follows:
Contract Title,
which Contract, and all Contract Documents set forth therein, are incorporated herein and made a part thereof by this reference.
Principal is required under the terms of the Contract and the California Civil Code to furnish a bond to secure the prompt, full, and faithful payment of any Claimant, as hereinafter defined, for all labor, materials or services used or reasonably required for use in the performance of the work, concurrently with delivery to City of the signed Contract.
NOW, THEREFORE, we, the undersigned Principal, and
,
(Name, address, and telephone number of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto City in the penal sum of Amount Dollars ($xxx), this amount being not less than one hundred percent (100%) of the total contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Division 4, Part 6, Title 3 of the California Civil Code (§ 9000 et seq.), or any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to work or labor performed under the Contract (“Claimants”), Surety will pay for the same in an amount not exceeding the penal sum specified in this bond; otherwise, this obligation shall become null and void.
This bond shall inure to the benefit of any of the persons named in Division 4, Part 6, Title 3 of the California Civil Code (§ 9000 et seq.), so as to give a right of action to such persons or their assigns in any suit brought upon the bond.
In case suit is brought upon this bond to enforce or interpret this bond’s terms, Surety further agrees to pay all court costs and reasonable attorneys’ fees in an amount fixed by the court. Principal and Surety agree that this Performance Bond shall not be considered a part of the Contract but rather is a separate obligation of Principal and its Surety, and that any attorneys’ fee provision contained in this Performance Bond shall not apply to the Contract.
In the event there is any litigation between the parties arising from the breach of the Contract, each party will bear its own attorneys’ fees in the litigation.
FURTHER, Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the 06/11/2024 C5 106 of 450
61 specifications thereunder. Surety hereby waives the provisions of California Civil Code §§ 2819, 2845, and 2849.
City is an intended beneficiary of this bond and has all rights of a party thereto.
IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date set forth
below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
“Principal”
THEPRINCIPAL
By:
Signature
Name and Title
By:
Signature
Name and Title
(Seal)
“`Surety”
By:
Signature
Name and Title
By:
Signature
Name and Title
(Seal)
This bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached.
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62 CONTRACTOR'S CERTIFICATE
BOBOLINK STORM DRAIN PROJECT – PHASE 2 (CIP Nos. 8913, 8197)
CONTRACTOR'S CERTIFICATE PURSUANT TO
SECTION 1861 OF THE LABOR CODE
I am aware of the provisions of Section 3700 of the Labor Code that requires every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Contract.
___________________________________
Name of Contractor
By: ________________________________
Signature
___________________________________
Printed Name
___________________________________
Title
___________________________________
Date
By: ________________________________
Signature
___________________________________
Printed Name
___________________________________
Title
___________________________________
Date
06/11/2024 C5 108 of 450
63 NON-COLLUSION DECLARATION FOR SUBCONTRACTORS
BOBOLINK STORM DRAIN PROJECT – PHASE 2 (CIP Nos. 8913, 8197)
TO BE EXECUTED BY EACH AWARDEE OF A SUBCONTRACT
The undersigned declares:
I am the __________________ of _________________________________, the party making the foregoing bid. (Title) (Company Name)
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. The provisions of this declaration shall not be held as disqualifying a person, firm or corporation who has submitted a sub-proposal to one bidder from submitting separate sub-proposals or quoting prices for materials or work to other bidders.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on
________________________, at ________________________________, ___________________________.” (Date) (City) (State)
________________________________________
Signature
________________________________________
Printed Name
________________________________________
Title
06/11/2024 C5 109 of 450
64 SUPPLEMENTARY GENERAL PROVISIONS
BOBOLINK STORM DRAIN PROJECT – Phase 2 (C.I.P. Nos. 8913, 8197)
This section makes additions, deletions, or revisions to PART 1 – GENERAL PROVISIONS of the 2012 Standard Specifications for Public Works Construction (“Greenbook”). All sections and subsections which are not changed remain in full force and effect.
SECTION 1 – TERMS, DEFINITIONS,
ABBREVIATIONS, UNITS OF MEASURE AND SYMBOLS
1-1 GENERAL.
Modify this subsection by adding the following:
The terms “as shown,” “as indicated,” or “as specified” are understood to be followed by the phrase “in the Contract Documents.”
Working titles having a masculine gender, such as “workman” and “journeyman” and the pronoun “he,” are used in the Specifications for the sake of brevity, and are intended to refer to persons of either gender.
1-2 TERMS AND DEFINITIONS.
Modify the following terms and definitions to read:
Agency or City or Owner - The legal entity for which the Work is being performed, either the City of Vista, the Vista Community Development Commission, or the Buena Sanitation District.
Board – Where the word Board appears in the Standard Specifications, it shall mean the officer or body constituting the awarding authority of the Agency, either the City Council of the City of Vista, the Commission of the Vista Community Development Commission, or the Board of the Buena Sanitation District.
Special Provisions - Means the Supplementary General Provisions and Technical Provisions of the Project Specifications.
Standard Plans or Standard Drawings - Means the most recent editions of the Standard Drawings of the City of Vista and the San Diego Regional Standard Drawings (SDRSD), unless otherwise noted.
The City of Vista Standard Drawings takes precedence over the San Diego Regional Standard Drawings.
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65 Specifications or Standard Specifications - The Standard Specifications of the Agency are the latest edition of the Standard Specifications for Public Works Construction (“Greenbook”), as written and promulgated by Public Works Standards, Inc., together with the most current Cumulative Supplement adopted by the Greenbook Committee of Public Works Standards, Inc. and along with the latest San Diego Regional Supplement to “Greenbook” as approved and adopted by the San Diego Regional Standards Committee.
The Standard Specifications set forth above will control the general provisions, construction materials, and construction methods for this contract, except as amended by the Plans, Special Provisions, or other Contract Documents. The Special Provisions are supplemental to the provisions of the Standard Specifications, unless otherwise noted. Only those sections requiring elaborations, amendments specifying options, additions or deletions are called out.
Working Day - Modify c) as follows:
The Agency recognizes eleven (11) holidays on which no work is to be scheduled, as follows:
HOLIDAY OBSERVED ON
New Year’s Day January 1
Martin Luther Day, Jr. Day 3rd. Monday in January
President’s Day 3rd Monday in February
Memorial Day Last Monday in May
Independence Day July 4
Labor Day 1st. Monday in September
Veteran’s Day November 11
Thanksgiving Day 4th. Thursday in November
The day after Thanksgiving Friday after 4th. Thursday in November Christmas Day December 25
Winter Break December 25 to January 1
Add the following new terms and definitions:
Acceptance – Formal action of the Agency in determining that the Contactor’s Work has been completed in accordance with the Contract, filing a Notice of Completion with the County Recorder, which stipulates that date that the Work was completed, and notifying the Contractor in writing of the acceptability of the Work.
Award of Contract (Award) – Date of – Date on which the Mayor or designee executes the Contract.
ASTM Designations – The latest revised Specifications or tentative Specifications of the American Society for Testing and Materials.
Best Management Practices (BMPs) – (a) A measure implemented to protect water quality and reduce the potential for pollution (associated with storm water runoff); (b) Any program, technology, process, siting criteria, operating method, measure, or device that controls, prevents, removes, or reduce pollution.
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66 CA MUTCD – California Manual on Uniform Traffic Control Devices.
Certificate of Compliance – A written document signed and submitted by a supplier or manufacturer that certifies that the material or assembled material supplied to the Work site complies with the requirements of the Contract Documents.
Disadvantaged Business Enterprise (DBE) - A for-profit “small business concern” that is at least fifty- one percent (51%) owned and controlled by one or more socially and economically disadvantaged individuals certified by the California Department of Transportation (Caltrans).
Inspector – The engineering or technical personnel authorized to act as agents for the Engineer in the supervision of work covered by these Specifications, limited to the particular duties entrusted to them.
Main or Trunkline Facility - An Owner owned and maintained principal subsurface conduit that collects sewage or storm drainage, or distributes potable water.
Material and Labor Bond - The Payment Bond as defined in the Civil Code of California relating to Payment Bond for Public Works.
Notice of Completion (NOC) – A document the Agency will file with the County Recorder, if in the Agency’s judgment, the Work has been completed. NOC stipulates the date that the Engineer accepted the Work. See California Civil Code section 3093.
Portable Emissions Unit - Any type of portable equipment which may discharge air contaminants into the atmosphere as stated in the San Diego County Air Pollution Control District Rules and Regulations.
Project - Means the total construction of all improvements located on the Site identified in the plan drawings and contractual documents.
Project Specifications - Comprised of the Notice Inviting Bids, the Instructions to Bidders, the BID documents, the Contract Documents, the Special Provisions, which include the Supplementary General Provisions and the Technical Provisions, permits issued by jurisdictional regulatory agencies, all appendices, the Standard Specifications, and all reference Specifications.
Punchlist – List of incomplete items of Work and of items of Work that are not in conformance with the Contract.
1-3 ABBREVATIONS.
1-3.2 Common Usage.
Add the following:
AC ........ ........... ............ ............ Asphalt Concrete 06/11/2024 C5 112 of 450
67 AT&T .... ........... ............ ............ Local and long distance telephone company (formerly SBC and Pacific Bell)
CGP ..... ........... ............ ............ Construction General Permit CMP ..... ........... ............ ............ Corrugated Metal Pipe LUP ...... ........... ............ ............ Linear Underground / Overhead Project NCTD ... ........... ............ ............ North County Transit District NEC ..... ........... ............ ............ National Electrical Code OSHA ... ........... ............ ............ Occupational Safety and Health Administration (Department of Labor) PCR ..... ........... ............ ............ Point of curb return RCP…. ……….. ………… …………… Reinforced Concrete Pipe
SWMP . ........... ............ ............ Storm Water Management Plan VID ....... ........... ............ ............ Vista Irrigation District WPCP .. ........... ............ ............ Water Pollution Control Plan WDID ... ........... ............ ............ Waste Discharge Identification Number
1-3.3 Institutions.
Add the following institutions:
APWA ... ........... ............ ............ American Public Works Association SDRWQCB ....... ............ ............ California Regional Water Quality Control Board, San Diego Region
SECTION 2 – SCOPE AND CONTROL OF THE WORK
2-1 AWARD AND EXECUTION OF CONTRACT.
Revise to read as follows:
2-1 AWARD AND EXECUTION OF CONTRACT. Award and Execution of Contract shall be as provided for in the Project Specifications, Notice Inviting Bids, Instructions to Bidders, or the Specifications.
For projects with a value of $150,000 and less, the City Manager is authorized to award the Contract and the Agency will send a “Notice of Intent to Award” to the Contractor accepting the Bidder’s proposal. Within ten (10) Working Days of the date of this notification, the Contractor shall submit the completed “Agreement and Bonds” portion of the Contract and the insurance certificates. The City Manager will then execute the Contract for the Agency.
For projects with a value greater than $150,000, the City Council will award the Contract. The Agency will send a “Notice of Intent to Award” to the Contractor. Within ten (10) Working Days of the date of this notice, the Contractor shall submit the completed “Agreement and Bonds” portion of the Contract and the insurance certificates. After the City Council approves the Contract, the Mayor will execute the Contract for the Agency.
Add the following new subsections:
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68 2-1.1 Integration.
Oral Modifications Ineffective. No oral order, objection, direction, claim or notice by any party or person shall affect or modify any of the terms r obligations contained in the Contract Documents.
2-1.2 Change in Name and Nature of Contactor’s Legal Entity.
Should a change be contemplated in the name or nature of the Contractor’s legal entity, the Contractor shall first notify the Agency in order that proper steps may be taken to have the change reflected on the Contract.
2-2 ASSIGNMENT.
Add the following paragraph:
In accordance with Section 4551 of the Government Code, the Contractor and subcontractors shall conform to the following requirements. In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, the Contractor or subcontractor offers and agrees to assign to the awarding body all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or arising from purchases of goods, services or materials pursuant to the public works Contract or the subcontract.
This assignment shall be made and become effective at the time the awarding body tenders final payment to the Contractor, without further acknowledgment by the parties.
2-3 SUBCONTRACTS.
2-3.1 General.
Add the following paragraph:
For Federally funded projects, the Contractor shall include in every subcontract the federal contract provisions listed in Appendices A, B, and C of these Specifications, so that such provisions will be binding on each subcontractor. The Contractor shall take such action with respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions.
2-3.3 Status of Subcontractors.
Replace the second paragraph with the following:
Subcontractors shall be considered employees of the Contractor. The Contractor shall be fully responsible for the acts and omissions of its subcontractors and of persons directly or indirectly employed by its subcontractors, as it is for the acts and omissions of persons directly or indirectly employed by the Contractor. The Contractor shall require each Subcontractor to be bound by all 06/11/2024 C5 114 of 450
69 obligations of this Contract by appropriate written agreement. Each subcontract agreement shall preserve and protect the rights of the Agency. Should any Subcontractor fail to perform the work undertaken by the Subcontractor to the satisfaction of the Agency, said Subcontractor shall be removed immediately from the Work upon request by the Engineer and shall not again be employed on the Work. The Contractor shall be held liable for all deficient Subcontractor work. Nothing contained in these Contract Documents shall create any contractual relationship between any Subcontractor and the Agency.
Add the following paragraphs:
The Agency will not conduct business with an individual, firm or organization, and the Contractor shall not employ or otherwise use any Subcontractor, supplier, or equipment vendor at any tier that is on the U.S. General Services Administration’s “List of Parties Excluded from Federal Procurement and Non-Procurement Programs.”
A list of individuals, firms and organizations debarred, suspended or who have voluntarily excluded themselves from Federal Procurement and Non-Procurement Programs is maintained by the U.S.
General Services Administration. A copy of the “Excluded Parties List System” is available for Contractor’s use at the U.S. General Services Administration’s Internet URL website link at:
https://sam.gov/content/exclusions
or can be obtained from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402; 202-783-3238.
2-5 PLANS AND SPECIFICATIONS.
2-5.1 General.
Add the following to the second paragraph in this subsection:
As shown on the Plans or described in the Specifications, each element of the Work must be furnished complete, finished and functional. Figured dimensions on drawings shall govern, but work not dimensioned shall be as directed. Work not particularly shown or specified shall be the same as similar parts that are shown or specified. Specifications shall govern as to materials, workmanship and installation procedures. The specification calling for the higher material or workmanship shall prevail.
In the event of any doubt or question arising respecting the true meaning of the specifications, reference shall be made to the representative of the owner of the facility affected by the work, whose decision shall be final.
Replace the last paragraph with the following:
If the Contractor, either commencing work or in the course of the work, finds any discrepancy between the Specifications and the Plans, or between either and the physical conditions at the site of the Work, or finds any error or omission in any of the Plans, or in any survey, the Contractor shall promptly notify the Engineer in writing of any discrepancy, error, or omission. No work shall be done in any area of such discrepancy until the Engineer has given approval for same in writing. The 06/11/2024 C5 115 of 450
70 Contractor shall forward written Requests for Information (RFIs) to the Engineer in all such matters.
Only written authorization from the Agency shall be binding over any deviation or changes in the Plans and Project Specifications. If the Contractor observes that any Plans or Specifications are at variance with any applicable law, ordinance, regulation, order or decree, the Contactor shall promptly notify the Engineer in writing of such conflict.
The Engineer on receipt of any such written notice will promptly investigate the circumstances and give appropriate instruction to the Contractor in writing. Until such instructions are given, any work done by the Contractor, either directly or indirectly, after the Contractor’s discovery of such error, discrepancy or conflict, shall be at the Contractor’s own risk, and the Contractor shall bear all costs arising therefrom.
2-5.2 Precedence of the Contract Documents.
Add the following:
With reference to the Drawings, the order of precedence, from highest to lowest, shall be as follows:
a) Figures govern over scale dimensions. In the event of any discrepancy between any drawings and the figures thereon, the figures shall be taken as correct. b) Detail drawings govern over general drawings
c) Large scale details shall take precedence over smaller scale drawings as to shape and details of construction.
d) Work not particularly shown or specified shall be the same as similar work that is shown or specified.
e) Addenda or Change Order drawings govern over Contract Drawings f) Contract Drawings govern over Standard Drawings
g) Contract Drawings govern over Shop Drawings
The specifications contained in the Agency’s Supplementary Special Provisions (General and Technical) take precedence over the specifications contained in the San Diego Regional Supplement to the Greenbook and the Greenbook. The specifications contained in the San Diego Regional Supplement to the Greenbook take precedence over the specifications contained in the Greenbook.
Should it appear that the Work to be done, or any of the matters relative thereto, are not sufficiently detailed or explained on the Contract Documents, or in the event of any doubt or question arising respecting the true meaning of the Specifications, the Contractor shall forward written Requests for Information (RFIs) to the Engineer for such further explanation as may be necessary and the Engineer’s decision shall be final and binding.
2-5.3 Submittals.
2-5.3.1 General.
Add the following to the end of the first paragraph:
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71 Promptly after the Notice to Proceed has been received by the Contractor, the Contractor shall provide to the Engineer a complete list of names and addresses of all suppliers of materials to be used on the Work.
Revise the third paragraph as follows:
The Contractor shall allow a minimum of fifteen (15) Working Days for review of shop drawings and submittals. Each set of shop drawings or submittals shall be accompanied by a letter of transmittal and the Contractor’s certification (see description of certification below).
Add the following paragraphs after the last paragraph:
All submittals shall be submitted prior to the start of the Work unless otherwise approved by the Engineer. No work shall begin until the construction schedule has been approved by the Engineer.
The Contractor shall submit for Agency review and approval shop drawings and submittals for all long lead supplies, materials, and equipment within five (5) Working Days after the Notice to Proceed letter has been issued. The Contractor shall furnish the Engineer with a statement from the vendor(s) that the order(s) for said supplies, materials, and equipment has been received and accepted by said vendor(s) within fifteen (15) Working Days of said Notice to Proceed.
No work shall begin on the respective items of work that require a submittal until the submittals for those items of work have been approved in writing by the Engineer. When submitted for the Engineer’s review, shop drawings shall include the Contractor’s certification that the Contractor has reviewed, checked, and approved the shop drawings as conforming to the requirements of the Contract Documents. The following Contractor’s certification shall appear on all submittals:
“It is hereby certified that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in the allocated spaces, and is submitted for review.
Certified by: ________________________________________
Printed name: ________________________________________
Title: ________________________________________
Date: ________________________________________
A copy of each shop drawing and each sample as reviewed by the Engineer shall be kept in good order by the Contractor at the site and shall be available to the engineer. A review fee of two hundred dollars ($200.00) will be withheld from the Contractor’s progress payment for every re-submittal after the third time a submittal has been reviewed and rejected.
Submittals shall be mailed, emailed or delivered to the City of Vista Engineering Department listed below. Submittals by facsimile (FAX) are not acceptable.
City of Vista, Attn: Matt Atteberry
Engineering Department
06/11/2024 C5 117 of 450
72 200 Civic Center Drive
Vista, CA 92084-6275
Email: [email protected]
2-5.3.2 Working Drawings.
Add the following to Table 2-5.3.2 (A):
TABLE 2-5.3.2 (A) Note
Item Subsection Number Title Subject
16 306-1.2.2 Pipe laying Pipeline shop drawings
17 306-3.3 Dewatering Dewatering Plan
Notes: 1. The diagrams shall be of a size and scale to show clearly all necessary details. Pipeline layouts, for reference only, may be submitted in tabulated form in increasing order of alignment stationing.
2. Pipeline layout diagrams or schedules required for approval shall be submitted in accordance with 2-5.3. Layout diagrams or schedules are required for pipelines using pipe materials conforming to the indicated subsections.
The diagrams or schedules will be submitted for reference only, but curve layouts are required for approval.
Revise the fourth paragraph to read:
Working Drawings listed above as Items 4 - 7, 9, 10 - 15 and 17 shall be prepared by a Civil or Structural Engineer registered by the State of California.
2-5.3.3 Shop Drawings.
Add the following after the last paragraph:
The following procedures will apply to shop drawing submittals:
a) The Contractor shall submit to the Engineer for review five (5) copies of all shop drawings.
These drawings shall be complete, certified by the Contractor, and shall contain all required information in detail. The Contractor shall make any corrections to shop drawings required by the Engineer.
b) It is considered reasonable that the Contractor shall make a complete and acceptable submittal to the Engineer by the third submission of a submittal item. (1) If a submittal is returned to the Contractor marked “No exceptions taken,” formal revision and resubmission of said submittal will not be required. (2) If a submittal is returned to the Contractor marked “Make corrections noted,” formal revision and resubmission of said submittal will not be required. (3) If a submittal is returned to the Contractor marked “Amend-Resubmit,” the Contractor shall revise said submittal and shall resubmit the required number of copies of the revised submittal to the Engineer.
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73 (4) If a submittal is returned to the Contractor marked “Rejected-Resubmit,” the Contractor shall revise said submittal and shall resubmit the required number of copies of said revised submittal to the Engineer.
c) When reviewed by the Engineer, each copy of the drawings will be stamped and signed by the Engineer.
d) Two sets of said drawings will be returned to the Contractor. e) The review of the drawings shall not be construed as a complete check, but will indicate only that the general method of construction and detailing is satisfactory. The Contractor shall assume all responsibility for accuracy of data, details, and dimensions shown in the submittals. f) The Contractor agrees that if deviations, discrepancies, or conflicts between shop drawing submittals and the Contract Documents in the form of Plans and Specifications, except as particularly noted within the submittal, are discovered either prior to or after shop drawings submittals are processed by the Engineer, the Plans and Specifications shall control and shall be followed.
g) Revisions indicated on shop drawings shall be considered as changes necessary to meet the requirements of the Contract Plans and Specifications and shall not be taken as the basis of claims for Extra Work. The Contractor shall have no claims for damages or extension of time due to any delay resulting from making required revisions to shop drawings. The review of said drawings by the Engineering will apply to general design only and will in no way relieve the Contractor of responsibility for errors or omissions contained therein nor will such review operate to waive or modify any provisions or requirements contained in these Contract Specifications or on the Contract Drawings.
h) The Contractor shall furnish to the Engineer eight (8) copies of instruction and maintenance manuals and parts lists of all major equipment furnished. Data in these manuals shall cover completely all items as specified and as supplied.
i) Shop fabrication drawings and lay sheets are required for all steel pipelines sixteen inches and greater in diameter (16”+ Ø). The drawings and lay sheets shall fully illustrate horizontal station and vertical elevation of all joints and angle points, true angular deflection at locations of combined vertical and horizontal bends, and horizontal station for pipeline appurtenances.
2-5.3.4 Supporting Information.
Add the following items:
14) City of Vista Stormwater Management Permit and Storm Water Pollution Prevention Plan (SWPPP), if required, per Subsection 7-5 (“PERMITS.”).
15) Waste Management Plan Permit Application per Subsection 7-8 (“WORK SITE MAINTENANCE.”).
16) Noise Control Notification per Subsection 7-8.3 (“Noise Control.”). 17) Traffic Control Plans per Subsection 7-10.2.2 (“Traffic Control Plan (TCP).”). 18) Night Work Plan per Subsection 7-10.4.1.3 (“Safety for Night Work.”).
Add the following paragraphs:
Compliance certificates and weigh slips shall be provided for all fill material, aggregate base, asphalt concrete, Portland Cement Concrete, reinforcing steel, etc. The Contractor shall submit mix designs for asphalt concrete and Portland Cement Concrete to the Engineer for approval. All asphalt 06/11/2024 C5 119 of 450
74 concrete and Portland Cement Concrete weigh slips (delivery tickets) shall include the mix design and number or the actual weights of aggregate, sand, cement and water in each truckload. In addition, the Contractor must schedule a meeting and meet with the Engineer each working day to confirm the quantities of materials shown on the weigh slips. The Engineer shall approve any admixtures prior to use. The Contractor shall submit to the Engineer a certified mill test report for each heat or size of reinforcing steel.
The Contractor shall submit the names and addresses of all suppliers of mineral construction materials, and the mine from which the materials were obtained, along with a copy of the Office of Mine Reclamation AB 3098 List (per California Assembly Bill 3098) showing that the mining operation is listed, prior to delivering any mineral construction materials to the Project site. This documentation regarding the Office of Mine Reclamation AB 3098 List (per California Assembly Bill 3098) shall be made a part of every submittal required on the Project that includes mineral construction materials.
Failure to identify the supplier and the mine may result in rejection of the submittal.
2-5.4 Record Drawings (“As-Builts”).
Add the following new subsection:
2-5.4 Record Drawings (“As-Builts”). It shall be the Contractor's responsibility to keep and maintain, on the job site, a clean, accurate, full-size and legible print set of Project plans that indicate all changes in work, modifications and existing conditions that are different from what is shown on the Plans. The Contractor shall record the location, by stationing to nearest foot, and the depth, by elevation to the nearest tenth of a foot (+/- 0.1’), of all underground utility facilities, including pipes, valves, plugged tees, capped ends, etc. The Contractor shall record, by dimension and / or scale drawings, all wiring, conduits and pull boxes as actually installed. All information necessary to maintain and / or service any concealed work shall be noted on the record drawings. The locations by station of sewer laterals and water services (both perpendicular and skewed) to their mains must be noted on the record drawings. Records shall be kept up to date with all entries checked by the Engineer before the Work is buried or covered up. The Contractor shall make the Record Drawings available for review by the Engineer at any time.
Upon completion of the Work and prior to final acceptance, the complete set of Plans, marked up to show as-built conditions, shall be delivered to the Engineer for review. Full compensation for preparing, maintaining and providing Record Drawings (“As-Builts”) shall be included in the stipulated lump sum price for this item of work. If no item is shown in the bid, then the Contractor shall include all costs in the various items of work.
2-6 WORK TO BE DONE.
Add the following paragraphs:
The Contractor shall supervise and direct the Work, using the Contractor’s best skill and attention.
The Contractor shall be solely responsible for all construction means, methods, techniques, sequences and procedures relating to the Work, and shall coordinate all portions of the Work under the contract, 06/11/2024 C5 120 of 450
75 including the relations of the various trades to the progress of the Work, in accordance with these provisions.
The Contractor shall be responsible to the Agency for the acts and omissions of the Contractor’s employees, subcontractors and their agents and employees, and any other persons performing any of the Work under a Contract with the Contractor.
Any plan or method suggested to the Contractor by the Engineer but not specified or required, if adopted or followed in whole or in part, shall be used at the risk and responsibility of the Contractor; and the City and the Engineer will assume no responsibility therefore.
Nothing in these specifications shall be interpreted to make the Contractor an agent of the Agency.
Unless otherwise provided in these specifications, the Contractor shall provide and pay for furnishing all labor, materials, equipment, tools, implements, construction equipment and machinery, methods or processes, water, heat, utilities, transportation, and other facilities, services and incidentals necessary for the proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. Contractor shall leave the construction site in a neat, clean, and orderly condition upon completion of the Work.
2-7 SUBSURFACE DATA.
Add the following paragraph:
The Contractor shall investigate the existing geotechnical (soil) conditions prior to submitting a bid, and shall satisfy himself as to the existing geotechnical (soil) conditions, and include all costs to address those conditions in the bid. Upon removal of the existing surface improvements and excavation to subgrade by the Contractor, the Agency will sample existing soils for analysis of the R- value, moisture content, and compaction. Upon determination of the existing geotechnical (soil) conditions and a final street structural section, the Agency will advise the Contractor regarding addition of geogrid or adjustments to the thickness of the aggregate base and the asphalt concrete layers.
Final payment for the approved street structural section will be made pursuant to the unit prices listed in the bid, based on actual quantities of the materials placed, and no additional compensation will be allowed.
For the Bobolink Storm Drain Project – Phase 2 (CIP Nos. 8913, 8197), the excavation, placement, conditioning, and compaction of material shall be in accordance with the Plans, Specifications, the City of Vista Development Code (Chapter 17 Section 17.56); and a geotechnical investigation prepared by Vinje & Middleton Engineering, Inc. titled, “Geotechnical Investigation, proposed storm drain improvement project, Bobolink Drive, W. East Drive, North Drive & Ricebird Drive, Vista, California (CIP 8197)” dated August 27, 2012. The geotechnical investigation is on file in the City Engineer’s Office and is located in the Appendix.
2-8 RIGHT-OF-WAY.
Add the following paragraphs:
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76 The Contractor shall not allow his employees to use private property for any reason or to use water or electricity from such property without written permission from the owner. The Contractor shall provide evidence of such permission in writing to the Engineer before entering upon such lands. In performing any work or doing any activity on lands outside the public rights-of-way, the Contractor shall comply with all applicable Federal, state and local laws, ordinances, codes and regulations. The Contractor shall indemnify and hold the Agency, its officials, officers, employees, and agents free and harmless from all claims or suits for damages occasioned by such work or activity, whether done according to this subsection and with permission from the owner or in violations of this subsection without permission from the owner.
For all projects the Contractor shall be fully responsible for locating and obtaining permission to use construction storage area(s) and stockpile site(s) in addition to staging areas provided by the Agency. Where the Contractor may find it advantageous to use private property, it shall arrange for its use. The Contractor shall assume full responsibility for its rental, preparation, maintenance and cleanup in a manner satisfactory to the Agency and the property owner.
2-9 SURVEYING.
2-9.1 Permanent Survey Markers.
Delete the first paragraph and replace with the following paragraphs:
2-9.1 Permanent Survey Markers. The Contractor shall notify the Engineer and the Professional Land Surveyor or Registered Civil Engineer authorized to practice land surveying in the State of California (“Surveyor”) performing construction staking at least five (5) Working Days before starting work to allow for the preservation of reference points, survey monuments, lot stakes (tagged), benchmarks and other survey points.
In accordance with the Professional Land Surveyors Act (State of California Business and Professions Code 8771(a), (b) and 8773.2 (as amended by California Senate Bill 1563), the Surveyor performing construction staking for the Project shall file in the Office of the County Surveyor a Corner Record form or Record of Survey prior to the completion of construction for the replacement of survey monuments. The Contractor shall not disturb survey monuments, lot stakes (tagged), or benchmarks without the consent of the Engineer, and in the case of willful or careless destruction, shall be liable for and charged with the cost of their replacement and of any expenses resulting from their unnecessary loss. Replacement shall be done only under the direction of the Engineer by a Register Land Surveyor or a Register Civil engineer authorized to practice land surveying within the State of California.
Upon submittal of all Corner Record forms or Records of Survey to the San Diego County Surveyor’s office, the Surveyor performing construction staking for the Project shall submit copies of the same records to the Agency. Upon acceptance and approval by the San Diego County Surveyor’s office, the Surveyor shall also submit Corner Record forms or Records of Survey (Mylar) copies of the same records to the Agency prior to completion of the Project.
2-9.2 Survey Service.
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77 Delete all three paragraphs and replace with the following:
2-9.2 Survey Service. By contract with the Agency, the Surveyor shall coordinate and be responsible for the accuracy of all surveying performed for the Project. If the Professional Land Surveyor or Registered Civil Engineer (“Surveyor”) performing construction control surveying / staking requires additional information, he shall request it from the Agency. All construction surveying, monument preservation and monument replacement surveying necessary to complete the Work as shown on the Plans and as provided for in the Specifications and other Contract Documents shall be accomplished by or under the direction of a Surveyor. The Agency reserves the right to direct additional construction survey work when the Engineer determines it to be necessary to adequately construct the Work. The Contractor shall preserve construction survey stakes and marks for the duration of their usefulness.
The Contractor shall notify the Engineer and the Surveyor performing construction staking in writing by submitting a completed “City of Vista Engineering Construction Survey Request Instructions and Form” found in Appendices (see list of Appendices in Table of Contents on Page 2) at least three (3) Working Days before survey services will be required in connection with the laying out of any portion of the Work. The Surveyor performing construction staking for the Project shall set and station stakes for clearing limits, rough grade, sewers, storm drains, water, dry utilities, structures, finish (precise) grade, curbs, headers, base grade, pavement and other improvements. The Surveyor shall submit acceptable preconstruction survey tie notes to the Engineer for approval. A corresponding cut or fill to finish grade (or flowline) will be indicated on the Surveyor’s grade (cut) sheet. The Contractor shall be required to excavate all holes necessary for offset line and grade stakes if in excess of one-half foot (0.5’) deep.
All survey monuments, centerline ties and survey reference points shall be protected in place or reestablished where disturbed, in accordance with Section 8771 of the Professional Land Surveyor’s Act (Business & Professions Code Section 8700 et seq.), prior to Project acceptance.
2-9.4 Line and Grade.
Replace the first and second paragraphs with the following:
All work, including finished surfaces, shall during its progress and upon completion conform to the lines, grades, cross-sections, elevations and dimensions shown on the Plans. All distances and measurements are given thereon and will be made in a horizontal plane. Three (3) consecutive points shown on the same rate of slope must be used in common in order to detect any variation from a straight line. In the event any discrepancy exists, it must be reported to the Engineer. Failure to make this report shall make the Contractor responsible for any error in the finished work. Minor deviations from approved Plans, whenever required by the exigencies of construction, shall be determined in all cases by the Engineer and authorized in writing.
Add the following paragraphs and table:
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78 The Professional Land Surveyor or Registered Civil Engineer authorized to practice land surveying in the State of California (“Surveyor”) performing construction staking will furnish construction stakes to prosecute the Work as part of the various items of work. Surveying and staking shall be performed using survey equipment and methods appropriate for the Work. For grades equal to or less than one- half percent (0.5%), elevations for staking shall be established by differential leveling. The Surveyor performing construction staking for the Project shall provide the following stakes as needed to complete the Work:
STAKE TYPE STAKE REQUIREMENTS
Clearing and Grubbing Show limits of Work at fifty foot (50’) maximum intervals and at angle points
Slope Show rough grading for slopes at fifty foot (50’) maximum intervals as needed for construction
Rough Grade Show rough grading for road subgrade on centerline at fifty foot (50’) maximum intervals and on slopes as needed to achieve cut or fill to finished grade as indicated on a grade sheet Drainage Structure Two (2) front corners with line stakes with ten foot (10’) maximum offset, invert elevations in and out, and information for top of structure elevation
Pipelines (storm drain,
sewer, water, etc.)
At twenty-five foot (25’) maximum intervals for invert elevation or top of pipe; also at change of alignment or grade
Sewer and Storm
Drain Manholes
Centerline, invert elevations in and out, and top of rim Road Base Establish finish base grade at centerline of street and intersections, provide “blue tops” at fifty foot (50’) maximum on centerline of street and at ten to fifteen foot (10’ - 15’) grid within intersections
Finish Asphalt Grade At twenty-five foot (25’) maximum intervals for irregular asphalt cuts and fills to set leveling surfaces and at ten to fifteen foot (10’ - 15’) grid within intersections with additional stakes for landings at the bottom of curb ramps
Curb and Gutter At twenty-five foot (25’) maximum intervals and at the top of driveway entrance wings
Curb Return At each quarter (1/4) delta with a stake at the curb return radius point
Curb Ramp Top and bottom of curb transitions, lip of depressed gutter, finished surface at four (4) corners of top landing, & transitions Driveway Centerline and wings (join lines if matching to existing) Street Light and Traffic
Signal poles
Five to seven foot (5’ - 7’) maximum offset showing centerline of poles
The Surveyor performing construction control surveying / staking shall provide one (1) copy of all grade sheets to the Engineer.
The cost to reset construction survey stakes lost or destroyed during construction operations shall be borne by the Contractor.
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79 2-9.5 Payment.
Add the following new subsection:
2-9.5 Payment. The Professional Land Surveyor or Registered Civil Engineer authorized to practice land surveying in the State of California (Land Surveyor) performing construction control surveying / staking will furnish construction stakes to prosecute the Work, and no compensation will be made to the Contractor for delays to the Work caused by the Contractor’s lack of coordination with the Agency to schedule Construction Staking. Payment for all Work necessary for preserving, documenting, and re-establishing existing survey monuments, as specified, will be as shown in the bid, and no additional compensation will be allowed. The cost to reset stakes lost or destroyed during construction operations shall be borne by the Contractor. Payment for providing construction staking on the Project will be made by the Agency directly to the Land Surveyor under contract with the Agency.
2-11 INSPECTION.
Delete the second sentence in its entirety. Add the following paragraphs to the end of this subsection:
All work which is defective and has been rejected shall be remedied, or removed and replaced and made good by the Contractor in an acceptable manner. Unsuitable materials may be rejected notwithstanding the fact that such unsuitable materials have been previously overlooked by the engineer and accepted.
No additional compensation will be allowed to the Contractor for the removal and replacement of remedial or defective work, or unsuitable materials.
Any work done beyond the lines and grades shown on the Plans or established by the Engineer, or any Extra Work done without written notice by the Engineer, will be considered as unauthorized work and will not be paid for. Upon order of the Engineer unauthorized work shall be remedied, removed or replaced at the Contractor’s expense.
Upon failure of the Contractor to comply promptly with any order of the Engineer made under Subsection 2-11 (“INSPECTION.”), the Agency may cause rejected or unauthorized work to be remedied, removed or replaced, and to deduct the costs from any monies due or to become due to the Contractor.
The Contractor shall notify the Agency at least twenty-four (24) hours in advance of the time required for the inspection of any Work which will be covered or which will require special inspection procedures.
INSPECTION TYPE PHONE NUMBER
City of Vista Building Inspection 760-639-6106
City of Vista Engineering Inspection 760-639-6113
City of Vista Landscape and Irrigation Inspection 760-643-5467
The Agency will pay for costs of inspection and materials testing, sufficient to verify the quality of the Contractor’s work. Any retesting of failing areas, or costs due to the Contractor’s failure to be ready for inspections requested by the Contractor, shall be paid for by the Contractor.
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80 If the Contractor elects to work under this Contract more than eight (8) hours a day or more than forty (40) hours in a week, Saturday, Sunday or Agency holidays, unless otherwise specified, he shall arrange with the Engineer for the required inspection service and pay the Overtime Inspection Fees which will be charged at the following rates:
NUMBER OF OVERTIME HOURS COST
4 hours or less per day $375.00
4 to 8 hours per day $750.00
When Overtime Inspection is required, the Contractor shall notify the Agency and pay inspection fees twenty-four (24) hours in advance. If the Contractor is directed by the Agency to work under this Contract more than eight (8) hours a day or more than forty (40) hours a week, the Special Inspection fee requirements will be waived.
The Contractor shall notify the Engineer of the completion of the Work and the Engineer will make an inspection of the Work. The Engineer will not make the final inspection until the Work provided for and contemplated by the Contractor has been completed and the final clean up performed. The Contractor may be present at the final inspection. The Contractor will be notified in writing of any defects or deficiencies to be remedied. When notified that corrective work is completed, the Engineer will again inspect the Work and when the Engineer is satisfied that all work has been done in accordance with the Plans and Specifications, the Engineer will recommend that the Work be formally accepted.
2-11.1 Inspection by Other Jurisdictions.
Add the following new subsection:
2-11.1 Inspection by Other Jurisdictions. Whenever any part of the Work to be performed is under the jurisdiction or control of, or is to be paid for, in whole or in part, by another public agency, entity, or jurisdiction, including but not limited to another city, Vista Irrigation District, North County Transit District, the County of San Diego, the State of California, or the United States Government, such Work, in addition to Agency inspection, shall be subject to inspection and approval by the proper officials of such entities or jurisdictions.
Add the following new subsections:
2-13 SITE EXAMINATION.
2-13 SITE EXAMINATION. The Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work, and the general and location conditions, such as, but not limited to, all other matters which could in any way affect the Work or the costs thereof. The failure of the Contractor to acquaint itself with all available information regarding any applicable existing or future conditions shall not relieve it from the responsibility for properly estimating the difficulties, responsibilities, or costs of successfully performing the Work according to the Contract Documents.
2-14 FLOW AND ACCEPTANCE OF WATER.
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81 2-14 FLOW AND ACCEPTANCE OF WATER. Storm, surface, nuisance, or other waters may be encountered at various times during construction of the Work. Therefore, the Contractor, by submitting a Bid, hereby acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising there from.
2-15 NOTICE OF THIRD PARTY CLAIMS.
2-15 NOTICE OF THIRD PARTY CLAIMS. Pursuant to Public Contract Code Section 9201, the Agency will provide Contractor with timely notification of the receipt of any third-party claim relating to the Contract. Contractor shall attempt to verify and resolve claims promptly.
2-16 SEPARATE CONTRACTS.
2-16 SEPARATE CONTRACTS. The Agency reserves the right to let other contracts in connection with this Work or on the Project site. Contractor shall permit other contractors reasonable access and storage of their materials and execution of their work and shall properly connect and coordinate its Work with theirs.
To ensure proper execution of its subsequent Work, Contractor shall immediately inspect work already in place and shall at once report to the Engineer any problems with the work in place or discrepancies with the Contract Documents.
Contractor shall ascertain to its own satisfaction the scope of the Project and nature of any other contracts that have been or may be awarded by the Agency in prosecution of the Project to the end that Contractor may perform this Contract in the light of such other contracts, if any. Nothing herein contained shall be interpreted as granting to Contractor exclusive occupancy at site of the Project.
Contractor shall not cause any unnecessary hindrance or delay to any other contractor working on the Project. If simultaneous execution of any Contract for the Project is likely to cause interference with performance of some other contract or contracts, the Engineer will decide which Contractor shall cease Work temporarily and which contractor shall continue or whether work can be coordinated so that contractors may proceed simultaneously. The Agency shall not be responsible for any damages suffered or for extra costs incurred by Contractor resulting directly or indirectly from award, performance, or attempted performance of any other contract or contracts on the Project site.
SECTION 3 – CHANGES IN WORK
3-1 CHANGES REQUESTED BY THE CONTRACTOR.
3-1.1 General.
Add the following to this subsection after the last sentence:
The Contractor shall give written notice of a proposed Change Order required for compliance with the Contract Documents within seven (7) Working Days of discovery of the facts giving rise to the proposed Change Order.
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82 Add the following new subsection:
3-1.3 Cost Reduction Proposal.
3-1.3 Cost Reduction Proposal. The Contractor may submit to the engineer in writing, proposals for modifying the Plans, Specifications, or other requirements of the Contract for the sole purpose of reducing the total cost of construction.
The cost reduction proposal must not impair, in any manner, the essential functions or characteristics of the Project such as service life, economy of operation, ease of maintenance, desired appearance, or design and safety standards.
The Contractor shall include the following information in the cost reduction proposal:
a) A description of both the existing Contract requirements for performing the work and the proposed changes.
b) An itemization of the Contract requirements that must be changed if the proposal is adopted. c) A detailed estimate of the cost of performing the work under the existing Contract and under the proposed change.
d) A statement of the time within which the engineer must make a decision thereon. e) The Contract items of Work affected by the proposed changes, including any quantity variation attributable thereto.
These provisions of this subsection do not require the Engineer to consider any cost reduction proposal which may be submitted hereunder; nor will the Agency be liable to the Contractor for failure to accept or act upon any cost reduction proposal the Contractor has submitted pursuant to this subsection, nor for any delays to the Work attributable to any such proposal.
If a cost reduction proposal is similar to the information included in the Contract Documents or adopted by the Agency after the advertisement for the Contract, the Engineer will not accept such proposal and reserves the right to make such changes without compensation to the Contractor under the provisions of this subsection.
The Contractor must continue to perform the Work in accordance with the requirements of the Contract until a Change Order, incorporating the cost reduction proposal has been issued. If a Change Order has not been issued by the date upon which the Contractor’s cost reduction proposal specified that a decision thereon should be made, or such other date as the Contractor may subsequently have specified in writing, such cost reduction proposal must be deemed rejected.
The Engineer is the sole judge of the acceptability of a cost reduction proposal and the estimated net savings. In determining the estimated net savings, the Agency has the right to disregard the Contract Bid prices if, in the judgment of the Engineer, such prices do not represent fair measure of the value of the work to be performed or to be deleted.
The Agency reserves the right, where it deems such action appropriate, to require the Contractor to share in the Agency’s costs of investigating the Contractor’s cost reduction proposal as a condition of considering such proposal. Where such a condition is imposed, the Contractor shall indicate his 06/11/2024 C5 128 of 450
83 acceptance in writing allowing the Agency to deduct amounts payable to the Contractor for any monies due or that may become due to the Contractor under the Contract.
If the Engineer accepts your cost reduction proposal in whole or in part, the Engineer will issue a Change Order to incorporate the changes in the Plans and Specifications which are necessary to permit the cost reduction proposal, or such part of it as has been acceptable to be put into effect. If the Engineer’s approval is conditional, the Change Order will include any conditions upon which the Engineer’s approval is based.
The Change Order shall also include the estimated net savings in the cost of performing the Work due to the accepted cost reduction proposal and provides that the Contract cost be adjusted by crediting the Agency with fifty percent (50%) of estimated net savings amount.
The Contract time will not be extended by the acceptance of the cost reduction proposal and performance of the Work unless specified otherwise in the Change Order.
The amount specified as payable to the Contractor in the Change Order is full compensation for the cost reduction proposal and the performance of the Work.
The Agency expressly reserves the right to adopt a cost reduction proposal for general use on contracts administered by the Agency when it determines that said proposal is suitable for application to other contracts. When an accepted cost reduction proposal is adopted for general use, only the Contractor who first submitted such proposal will be eligible for compensation subject to this subsection, and in that case, only for contracts awarded prior to submission of the accepted cost reduction proposal.
The cost reduction proposals identical or similar to previously submitted proposals will be eligible for consideration and compensation under the provisions of this subsection, if the identical or similar, previously submitted proposal were not adopted for general application to other contracts administered by the Agency.
Subject to the provisions contained herein, the Agency must have the right to use all or any part of any submitted cost reduction proposal without obligation or compensation of any kind to the Contractor.
The Contractor must bear all costs to revise bonds for the Project to include the cost reduction incentive proposal Work.
3-2 CHANGES INITIATED BY THE AGENCY.
3-2.1 General.
Add the following after the last paragraph:
Contractor shall not be entitled to claim or bring suit for damages, whether for loss of profits or otherwise, on account of any change resulting in a decrease or omission of any item or portion of work to be done. Whenever any change is made as provided for herein, such change shall be considered 06/11/2024 C5 129 of 450
84 and treated as though originally included in the Contract, and shall be subject to all terms, conditions and provisions of the original Contract.
3-2.4 Agreed Prices.
Add the following to this subsection after the first sentence:
Agreed prices shall be negotiated before commencement of the Work.
3-3 EXTRA WORK.
3-3.1 General.
Add the following to the first paragraph:
Any Extra Work performed by the Contactor without an approved Contract Change Order from the engineer shall be at the Contractor’s risk and the Contractor shall not be entitled to payment without an approved Change Order. All Extra work shall be adjusted daily upon report sheets furnished by the Contractor, reviewed by the Engineer and signed by both parties. The daily report shall be considered thereafter as the true record of Extra Work done. New and unforeseen work will be classed as Extra Work only when said work is not covered and cannot be paid for under any of the various items or combination of items for which a bid price appears in the Bid Forms.
Add the following:
The Agency reserves the right to direct the Contractor to solicit competitive Bids for Extra work. If required by the Engineer, you must obtain competitive Bids from Subcontractor acceptable to the Contractor and must deliver such Bids to the Engineer who will then determine which Bids will be accepted.
Any request by the Contractor to change the Contract Price to include the price of Extra Work must be by written notice to the Engineer and must include itemized estimates. The Contractor’s itemized estimates must detail all applicable elements of price (e.g. labor and payroll costs, quantities, crew composition, production rates, material costs, Subcontractor and Supplier costs, equipment costs, and supplemental costs).
If the Contractor’s request to change the Contract Price arises from changes in the Schedule affecting all or part of the Project, or if the Contractor seeks a change in the Contract time, the Contractor’s request must include the analysis require by Subsection 6-1 (“CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK.”).
3-3.2 Payment.
3-3.2.1 General.
Replace the first sentence with the following:
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85 3-3.2.1 General. When the cost and time for Extra Work cannot be agreed upon prior to the commencement of the Work, the Agency will pay for Extra Work based on the accumulation of costs as provided herein and grant additional time to the Contract duration. Extra Work shall be paid for under a written Change Order, approved by the Agency, in accordance with the terms therein provided.
Generally, payment for Extra Work will be made at the unit price or lump sum previously agreed upon between the Contractor and the Agency.
3-3.2.2.3 Tools and Equipment Rental.
Replace the second paragraph in its entirety with the following:
Regardless of ownership, the rates to be used in determining equipment rental costs shall not exceed most current listed rates found in the Caltrans Labor Surcharge and Equipment Rental Rates, which is available online at:
http://www.dot.ca.gov/hq/construc/equipmnt.html
Add the following new paragraphs:
Where the Contractor can substantiate that the rental rates prevailing locally exceed the published rate by more than fifteen percent (15%), the Contractor will be entitled to a rental rate adjustment.
For equipment not listed in said publication, rental rates must not exceed listed rates prevailing locally at equipment rental agencies or distributors, at the time the Work is performed.
Whenever possible, Extra work must be accomplished using equipment available on Site or owned by the Contractor. If a specific piece of equipment must be rented to be used exclusively for the Extra Work, the rental rate will be the invoiced rate.
3-3.2.3 Markup.
3-3.2.3.1 Work by Contractor.
Replace the entire paragraph with the following:
3-3.2.3.1 Work by Contractor: The following allowable overhead and profit percentages shown in Table 3-3.2.3.1(A) below shall be added to the Contractor’s costs and shall constitute the markup for all overhead, insurance, and profits on work performed by the Contractor:
Table 3-3.2.3.1(A)
COMPONENT OVERHEAD PROFIT
Labor 10% 10%
Materials 10% 5%
Equipment Rental 10% 5%
Other Items and Expenditures 10% 5%
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86 Regardless of the number of hierarchical tiers of Subcontractors, the five percent (5%) which is the Contractor’s allowance 3.5% (for overhead) and 1.5% (for profit) may be applied one time only to the performing Subcontractor’s total cost.
One percent (1%) shall be added to the sum of the costs and markups provided for in the subsection as compensation for bonding.
3-3.2.3.2 Work by Subcontractor.
Replace the entire paragraph with the following:
3-3.2.3.2 Work by Subcontractor: When all or any part of the Extra Work is performed by a Subcontractor, the markup established in 3-3.2.3.1 shall be applied to the Subcontractor’s actual cost of such work. A markup of ten percent (10%) on the first Five-Thousand Dollars ($5,000) of the subcontracted portion of the Extra Work and a markup of five percent (5%) on work added in excess of Five-Thousand dollars ($5,000) of the subcontracted portion of the Extra Work may be added by the Contractor.
The markups specified in Subsections 3-3.2.3.1 (“Work by Contractor.”) and 3-3.2.3.2 (“Work by Subcontractor.”) shall be considered as full compensation and include, but not be limited to, the Contractor’s labor costs for personnel not working directly on the Extra Work, including the cost of administration and any tools or equipment that they may use. Such costs shall not be reported as labor or equipment costs elsewhere except when they are actually used in the performance of the Extra Work. Labor costs shall in that case be reported for the labor classification corresponding to the type and nature of Extra Work performed.
3-3.3 Daily Reports by Contractor.
Add the following as the first sentence:
The Contractor shall notify the Engineer at the beginning of each working day when Extra Work is in progress.
SECTION 4 – CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP.
4-1.1 General.
Replace the subsection in its entirety with the following:
4-1.1 General. It is the intent of the Agency in drafting the Contract Documents to accept only first class work, materials, parts, equipment and workmanship. All materials, parts and equipment furnished by Contractor for the Work shall be new, high grade, free from defects, of specified kind and fully equal to samples when such samples are required. Used or secondhand materials, parts and 06/11/2024 C5 132 of 450
87 equipment may be used only if permitted by the Specifications. When the quality or kind of material or articles required under the Contract are not particularly specified, the Contractor shall provide those representing the best of their class or kind. Quality of work shall be in strict accordance with generally accepted standards. Materials, parts and equipment shall be furnished in such quantities, kinds and at such times as to ensure uninterrupted progress of the Work.
The quality of material, parts, equipment and work shall be subject to approval by the Engineer.
The Engineer shall have access to the Work at all times during construction, and shall be furnished with every reasonable facility for securing full knowledge with regard to the progress, workmanship and character of the materials, parts and equipment used or employed in the Work. Materials and workmanship of a quality not conforming to the requirements of the Specifications shall be considered defective, and shall be subject to rejection. Defective work or material, whether in place or not, shall be remedied or removed and replaced by the Contractor, at its expense, and defective materials shall be removed from the Work site immediately, at the Contractor’s expense, when so directed by the Engineer.
Any work done beyond the lines shown on the Plans or established by the Engineer, or any Extra Work done without written authority, will be considered unauthorized and will not be paid for by Agency.
Upon Contractor’s failure to comply promptly with any order of the Engineer made under the provisions of this Section, the Engineer shall have authority to cause such defective or unauthorized work to be remedied or removed and replaced, and to deduct the costs thereof from any monies due or to become due the Contractor. If the Work is found to be in compliance with these Specifications, the Engineer will furnish the Contractor with a certificate to that effect.
No rejected materials, the defects of which have been subsequently corrected, shall be used until approval in writing has been given by the Engineer. Upon failure of the Contractor to comply with any order of the Engineer made under the provisions of this subsection, the Engineer shall have the authority to remove and replace defective materials and to deduct the cost of removal and replacement from any monies due or to become due the Contractor.
If, during the prosecution of the work, the Contractor fails to immediately correct the defective or non-conforming work upon notice, or fails to correct the defective or non-conforming work in a manner conforming to the Contract Documents, the Engineer may order the Contractor to stop all or part of the Project. The Agency’s right to stop the Project does not give rise to any duty on the Agency’s part to stop Work for the Contractor’s benefit or the benefit of any other party. The Contractor shall bear all direct and indirect costs and damages that result from the Agency’s stop work notice.
When removing asbestos products, the Contractor shall comply with the requirements of Title 8, CCR, General Industry Safety Orders and Construction Safety Orders.
4-1.1.1 Agency-furnished Materials. The Agency may provide certain items (e.g. traffic signal poles, mast arms, meter pedestals, street lights, etc.) for use by the Contractor for this Project at no cost to the Contractor as described in the Special Provisions. The Contractor shall inspect the materials / equipment prior to submitting a bid and shall satisfy himself of the suitability of the materials / equipment for use on the Project, and include all costs in the bid. The Contractor shall provide all hardware and any other materials, equipment and appurtenances necessary to use the Agency- furnished items in the Work.
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88 Upon written request from the Contractor at least twenty-four (24) hours in advance, any materials / equipment furnished by the Agency for the Project shall be available to the Contractor to take delivery of the items during regular Public Works Department Working Hours at the Agency’s Public Works Yard at 1165 E. Taylor Street or the Agency’s Storage Yard at 2430 Lupine Hills Drive as designated by the Agency. The Contractor shall inspect the materials / equipment at time of pick-up and shall satisfy himself of the suitability and quantity of the materials / equipment for use on the Project. The Contractor shall provide loading at the Agency’s designated location, handling, transportation and delivery of the items to the Project site. The cost of handling and placing all materials / equipment after they are made available to the Contractor shall be considered as included in the Contract prices for items in connection with which they are used. No markup shall be applied to any material provided by the Agency.
The Contractor shall assume full responsibility for all Agency-furnished materials and/or equipment made available to him as soon as loading commences. Deductions will be made from any monies due to the Contractor to make good any shortages and deficiencies, from any cause whatsoever, which may occur after said materials and/or equipment have been furnished to the Contractor.
4-1.3 Inspection Requirements.
4-1.3.1 General.
Revise the first paragraph to read as follows:
4-1.3.1 General. Unless otherwise specified in these Specifications, inspection may be required at the source for such typical materials and fabricated items including, but not limited to, bituminous paving mixtures, structural concrete, precast concrete, street lighting poles, metal fabrication, metal casting, welding, concrete pipe manufacture, protective coating application, plastic liner, fiberglass tanks, plastic liner pipe, and similar shop or plant operations.
Revise third sentence of the second paragraph to read as follows:
Special items of equipment such as designed electrical panel boards, large pumps, sewage plant equipment, etc., are subject to inspection at the source.
4-1.4 Test of Materials.
Add the following paragraphs:
Geotechnical (soil) testing of fill materials, subgrade, subbase, and base will be conducted by the Agency and the Geotechnical Engineer. Geotechnical (soil) tests may include relative compaction tests, sand equivalents tests, sieve analysis, R-values, etc. The results shall be presented directly by the laboratory to the Engineer. No base, concrete or pavement shall be placed before the subgrade, subbase, base and fill have been compacted, tested and approved. The cost of any initial geotechnical (soil) test shall be borne by the Agency. Additional geotechnical (soil) tests necessitated by a failure 06/11/2024 C5 134 of 450
89 of one (1) or more of the initial tests shall be made by the laboratory at the expense of the Contractor.
The Contractor shall make allowances in his construction procedure to permit testing of the Work in progress by the Engineer and no additional compensation shall be paid to the Contractor for delays due to testing.
Testing of any cast-in-place structure or concrete surface improvement will be conducted by the Agency. Concrete tests may include slump tests, air content, and compressive strength. Any results shall be presented directly by the laboratory to the Engineer. The cost of any initial concrete test shall be borne by the Agency. Additional concrete tests necessitated by a failure of one (1) or more of the initial tests shall be made by the laboratory at the expense of the Contractor. The Contractor shall make allowances in his construction procedure to permit testing of the Work in progress by the Engineer and no additional compensation shall be paid to the Contractor for delays due to testing.
The Contractor shall maintain and secure all material samples on the Project site, available to the Engineer for inspection and evaluation during normal working hours.
All packaged, manufactured products / materials for use on the Work shall be delivered to the Project site in their original unopened containers, bearing thereon the manufacturer’s name and the brand name of the product.
Wherever any product / material is selected to be used on the Work, all such products or materials shall be of the same brand and manufacturer throughout the Work.
All products / materials shall be stored in such a manner that they will be completely protected from weather damage.
The Contractor shall pay for all failing tests that the Contractor or the Agency’s representative request in conformance with the referenced specifications or as enumerated in the supplementary provisions.
4-1.6 Trade Names or Equals:
Add the following paragraphs:
In accordance with the provisions of Section 3400 of the California Public Contract Code, the Contractor shall be provided a period of not less than seven (7) Working Days after award of the Contract for submission of data substantiating a request for a substitution of an "equal" item. Data submitted after this time period may be rejected by the Agency.
The Contractor shall substantiate his offer for use of substitute materials, processes, or equipment, which he considers to be equivalent to that indicated, by submitting three (3) copies of a package of description, information, and performance data, showing the equality of the offered item, and such other necessary or related information as may be required by the Engineer (including, but not limited to, complete calculations, technical specifications, samples, or published documents relating to the performance and physical characteristics of the proposed substitute). The burden of proof as to the comparative quality and suitability of alternative material, process, or equipment shall 06/11/2024 C5 135 of 450
90 be the Contractor’s responsibility. Independent testing or evaluation at qualified test facilities, including destructive testing, may be required as a condition of acceptance. Life cycle costs of the substitute items must be equivalent to those of the items indicated. The Engineer may require the Contractor to furnish a special performance warranty or other surety with respect to any proposed substitute. The Engineer shall be the sole judge as to the comparative quality and suitability of the substitute items, and the Engineer’s decision shall be final.
The Contractor’s offer of the substitute items shall contain the following statements and/or information that shall be considered by the Engineer in evaluating the proposed substitution:
1. A statement that the evaluation, and acceptance or rejection of the proposed substitute, will not prejudice the Contractor’s completion of the Project in the specified time.
2. A statement as to whether or not acceptance of the proposed substitute will require a change in the Contract Documents.
3. A list identifying all variations of the proposed substitute from that specified.
4. A description of available maintenance, repair, and replacement service.
5. An itemized estimate of all costs or credits that will result directly or indirectly from acceptance of the proposed substitute, including redesign and claims from others.
Add the following new subsections:
4-1.10 Removal of Interfering Obstructions.
The Contractor shall remove and dispose of all debris, abandoned structures, tree roots and obstructions of any character met during the process of excavation, it being understood that the cost of said removals are made a part of the unit price bid by the Contractor under other various items of work.
4-1.11 Procedure in Case of Damage to Public Property.
Any portions of curb, gutter, sidewalk or any other City improvement not identified for removal but damaged by the Contractor during the course of construction shall be replaced by the Contractor at the Contractor’s own cost, at no additional charge to the Agency. The cost of additional replacement of curb, gutter or sidewalk in excess of the estimated quantities shown in the BID SCHEDULE and Specifications and found necessary during the process of construction (but not due to damage resulting from carelessness on the part of the Contractor during construction operations), shall be paid to the Contractor at the unit prices submitted in the Bid.
SECTION 5 – UTILITIES
5-1 LOCATION.
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91 Revise the third paragraph of this subsection to read as follows:
At least two (2) Working Days (48 hours minimum), but not more than fourteen (14) days, prior to any potholing or excavating, the Contractor shall contact Underground Service Alert of Southern California at 811, 800-227-2600 or 800-422-4133 for a Dig Alert I.D. Number and shall ensure that all existing underground utilities have been marked by their owners prior to any potholing or excavating. Section 4216 / 4217 of the Government Code requires a Dig Alert I.D. Number to be issued before a “Permit to Excavate” will be valid.
Revise the fourth paragraph of this subsection to read as follows:
Caltrans and certain other agencies are not required to become a member of Underground Service Alert of Southern California. The Contractor shall contact Caltrans and other non-member agencies such as railroads, federal government and regional flood control districts for the location of their subsurface installations.
Revise the fifth paragraph of this subsection to read as follows:
Unless specified otherwise as previously potholed, elevations shown on the Plans for existing utilities are based on a search of record information available during the design only and are solely for the Contractor’s convenience. The Agency does not warrant the accuracy of the completeness of the location, elevation or type of existing utilities and substructures shown on the Plans. The Contractor shall pothole (or by other suitable methods) and determine the location and depth of all utilities marked by their owners, and of all service connections and laterals, which may affect or be affected by the Contractor’s operations. The Contractor shall provide all survey necessary to locate the proposed alignment for potholing purposes. Said potholing shall be done ahead of trench excavation and pipe laying such that the information on horizontal location and depth, in the form of a tabulated pothole report with utility type, stations, top of pipe elevation, and clearance from proposed facility profile, shall be given to the Engineer at least fourteen (14) Working Days ahead of trench excavation or other construction but not greater than thirty (30) Working Days ahead of construction in that area.
The Contractor shall pothole all underground utilities which are shown on the Plans, or marked in the field by utility owners, as being within five feet (5’) horizontal distance from the edge of any planned Project sewer main or lateral, water main or service, storm drain, electrical conduit, gas main, telephone and cable TV conduit, fiber optic conduit or irrigation conduit alignment, and which are within the trench excavation section or above the planned Project facility. The potholes shall be at all crossings of each utility and at one hundred foot (100’) intervals along each parallel utility. The Contractor shall refill these potholes immediately after establishing those locations. The refilling shall conform to the relative compaction requirements for trenches. In the event obstructions not shown on the Plans are encountered during the progress of the Work which will require alterations to the Plans, or if potholing indicates utilities are located other than as shown on the Plans, the Engineer shall change the Plans and order the necessary deviation from the Project planned line and grade. The Contractor shall not make any deviation from the specified line and grade without approval by the Engineer. Should any deviations in the line and grade be permitted by the Engineer at the request of the Contractor, any additional costs for thrust blocks, valves, concrete, or other additional costs shall be borne by the Contractor. Full compensation for such work shall be considered as included in the prices bid for other items of work. No extension of time or additional compensation will be made for delays caused by 06/11/2024 C5 137 of 450
92 failure of the Contractor to complete necessary potholing in a timely manner. The Contractor shall bear the cost of repairing or replacing any existing facility damaged by his potholing work, and shall have affected services back in operation within four (4) hours of interruption.
Add the following new subsection to read as follows:
5-1.1 Payment. The lump sum price for Utility Potholing in the BID SCHEDULE shall include all labor, materials, and equipment necessary to perform the work and document the results, and no additional compensation will be allowed. If no bid item is shown in the BID SCHEDULE the payment is considered to be included in the prices bid for various related items of the Work.
5-2 PROTECTION.
Revise the second paragraph to read:
The Contractor shall furnish and place the necessary protection at its expense to ensure support of utilities located as shown on the Plans or in accordance with 5-1. Any damage to a utility shall be repaired by the Contractor to the satisfaction of the organization owning the facility at no additional cost to the Agency. The Agency reserves the right, if so requested by the utility owner, to permit the utility owner to repair such damage, and all expenses of whatever nature arising from such damage shall be borne by the Contractor.
Revise the third paragraph to read:
Upon learning of the existence and location of any underground utility main structures omitted from or shown incorrectly on the Plans, the Contractor shall immediately notify the Engineer and utility owner in writing. When authorized by the Engineer, support or protection of the utility main substructure will be paid for as provided in Subsection 3-2 or 3-3.
Add the following paragraph to this subsection:
During construction of the Work, some of the existing utilities may fall within the prism of trenches.
If the existing utility does fall within the Contractor’s trenches, the utility involved shall be supported properly by the Contractor to the satisfaction of the utility owner. The method of support of the utility, precautions to be taken during trench backfill and compaction, etc., shall be per the utility owner’s requirements. The cost to support and protect existing utilities shall be included in the various bid items and no additional compensation shall be allowed. The Contractor shall contact the utility owner should it anticipate such exposure of any of the existing utilities.
5-4 RELOCATION.
Revise the third and fourth paragraphs to read:
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93 The Contractor shall alter, relocate, or reconstruct all fire hydrants, traffic signal and street light pullboxes, sewer cleanouts and manholes, storm drain cleanouts and manholes, and other surface and subsurface structures owned by the City of Vista or by the City of Oceanside, or those facilities required in the Plans or Specifications to be altered, relocated, reconstructed, or adjusted to grade.
Payment for this work shall be as shown in the BID SCHEDULE. If no item is included in the Bid for this work, the cost for this work shall be included in the related items of Work. Temporary or permanent relocation or alteration of utilities requested by the Contractor for its convenience shall be its responsibility and it shall make all arrangements and bear all costs.
All water valve covers and meter boxes owned by VID; CP Test Station covers; electrical utility vaults and transformers; gas utility valve covers; telecommunication vaults, manholes and risers; and other surface and subsurface structures, not owned by the City of Vista, or required in the Plans or Specifications to be relocated or adjusted to grade “By Others”, shall be relocated or adjusted to grade by the owner of the respective utility. The Contractor shall notify each utility owner a minimum of two (2) Working Days before commencing the Work near their facilities.
Revise the fifth paragraph to read:
The utility owner will alter or relocate service connections as necessary within the limits of the Work or within temporary construction or slope easements. For sewer and water services, the Contractor shall arrange for the alteration or relocation of service connections as necessary between the sewer main or the water meter and property line, or between the sewer main or the water meter and the limits of temporary construction or slope easements. In all cases of alteration or relocation of service connections, the Contractor shall notify residences being affected a minimum of four (4) hours prior to said alteration or relocation, and service connections shall be returned to service in no more than four (4) hours. Payment for the alteration or relocation of sewer or water service connections shall be as shown in the Bid Schedule. If no item is included in the Bid for this work, the cost of this relocation shall be included in the Bid for the items of Work necessitating such relocation. Payment for the relocation of other utility service connections, when directed by the Engineer, shall be in accordance with 3-2 or 3-3. Payment will include the restoration of all existing improvements which may be affected thereby. The Contractor may agree with the owner of any utility to disconnect and reconnect interfering service connections. The Agency will not be involved in any such agreement.
5-6 COOPERATION.
Revise the first paragraph to read:
The Contractor shall so conduct its operations as to permit access to the Work site and provide time for utility work to be accomplished during the progress of the Work. The Agency has initiated communication with the appropriate utility companies that provide for the various service connections or utility relocations and adjustments as noted on the Plans. The responsibility for coordination with utility companies will be transferred to the Contractor with the Notice to Proceed and the Contractor shall assume the responsibility for all further coordination with the utility company. The Contractor shall be responsible for maintaining contact with the utility company representatives and providing necessary effort in scheduling utility work so that delays in overall construction schedule are avoided and utility services are in place for connection upon completion of Contract construction.
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94 Add the following paragraphs to this Subsection:
The Contractor shall be responsible for coordinating with utility companies and other public service agencies, as necessary, to assure timely relocation or adjustment of franchise utilities and other facilities within the specified Contract completion time. The Contractor shall schedule his work to accommodate the adjustments, relocations and / or replacements, to avoid interference with the Contractor's work. The Contractor is required to contact the following organizations (as appropriate for the Project) prior to the start of the Work for updates to the status of the utility work, and for details regarding their respective schedules and requirements (i.e. inspections, etc.).
COMPANY UTILITY CONTACT TELEPHONE EMAIL
Vista Sanitation District Sewer Elmer Alex 760-643-5416 [email protected] Buena Sanitation District Sewer Elmer Alex 760-643-5416 [email protected] City of Vista Well Water
City of Vista Storm Drain Chris Arce 760-643-5459 [email protected] City of Vista Traffic Signal Chris Arce 760-643-5459 [email protected] City of Vista Street Lights Chris Arce 760-643-5459 [email protected] City of Vista Fiber Optic Communication Chris Arce 760-643-5459 [email protected] Vista Irrigation District Water Paul Dupree (760) 597-3157 [email protected] City of Oceanside Utilities Water and Sewer Cari Dale [email protected] City of Oceanside Utilities Contracts John McKelvey [email protected] Vallecitos Water District Water and Sewer Lee Kirby 760-744-0460 [email protected] SDG&E Electric Keenon Holmes 858-654-8602 [email protected] SDG&E Gas Vincent Vargas (619) 214-2961 [email protected] SDG&E Street Lights Nicole Brodbeck 858-636-6832 [email protected] AT&T Tele Communications Kristy McClaskey (760) 489-3115 [email protected] Cox Communications Tele Communications Debra Capter 619-266-5217 [email protected] Charter Communications Tele Communications Michael Estrada 619.341.0516 [email protected] Charter Communications Tele Communications Peter S. Crampton 619.207.7513 [email protected] Crown Castle Tele Communications Andrew Armstrong 760-613-4671 Andrew.armstrong @crowncastle.com NCTD Bus / Railroad Ruth H. Mbah 760.967.2834 [email protected] NCTD Bus / Railroad ALT Dept. Email [email protected]
The Contractor shall contact the organizations at the beginning of the Project, obtain information on their requirements, provide them a construction schedule that meets their requirements, update the construction schedule on a weekly basis, meet with the company representatives, provide an adequate construction window and a clear area for them to work, document meetings and coordination efforts, provide copies of all correspondence and other documentation to the Agency on a weekly basis, and perform all other necessary coordination work to the satisfaction of the organizations and the Engineer. Notifications by the Contractor shall be in writing, with proof of receipt.
Copies of each notification and proof of receipt shall be submitted to the Engineer.
SECTION 6 – PROSECTUTION, PROGRESS,
AND ACCEPTANCE OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK.
6-1.1 Construction Schedule.
Delete this section in its entirety and replace with the following:
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95 6-1.1 Construction Schedule. Within ten (10) Working Days after execution of the Contract or at the Pre-Construction Meeting, and prior to the commencement of work, the Contractor shall submit its proposed construction schedule to the Engineer using a scheduling program (e.g. Microsoft Project, Oracle’s Primavera or other approved equal program capable of producing the required information).
The construction schedule shall be in the form of a tabulation, bar or Gantt chart, or graph satisfactory to the Engineer, and in sufficient detail to show chronological relationship of all activities on the Project. Said activities include, but are not limited to, estimated start and finish dates of all tasks that make up each bid item, submittal of shop drawings to the Engineer for approval, procurement of materials, and scheduling of equipment. Along with the construction schedule, the Contractor shall submit a cash-flow projection showing the anticipated amount of each monthly payment that will become due the Contractor in accordance with the construction schedule.
The Contractor shall schedule and stage the Work on all streets to cause the least possible inconvenience to vehicular traffic (including busses and trash vehicles), bicyclists, pedestrians, adjacent businesses, local residences and schools.
The Contract time listed in the Specifications is the Agency’s best estimate of how long it will take to complete the Work. The construction schedule shall reflect all Contract requirements, shall recognize the requirements of Subsection 5-5 (“DELAYS.”), and shall reflect completion of all work under the contract, including Punchlist items, in the specified time and in accordance with the Project Specifications and Plans. No schedule shall call for completion of the Project before or after the Contract completion date. The Project owns the float time and is not for the exclusive benefit of any Party. As such, liability for delay of the project completion date rests with the party actually causing the delay to the project completion date. By way of the Contractor assigning activity durations and proposing the sequence of the work, the Contractor hereby agrees to utilize sufficient and necessary management and other resources to perform the work in accordance with the construction schedule.
A Notice to Proceed shall be issued after the Pre-Construction Meeting, provided the Storm Water Pollution Prevention Plan (SWPPP) and the Construction Staging / Traffic Control Plan have been submitted by the Contractor and accepted by the Engineer, and all other appropriate Contract requirements are fulfilled. The Work shall start within ten (10) Working Days thereafter, and shall be diligently prosecuted to completion within the time provided in the Project Specifications.
For projects of forty-five (45) Working Days or more, the Contractor shall submit to the Engineer an updated construction schedule each month, showing the actual progress of the Work, as part of the Partial Payment request. Monthly progress payments are conditioned upon the Engineer receiving from the Contractor the monthly schedule update. Schedule updates must accurately reflect the “as- built” schedule. All changes to the schedule shall be highlighted or otherwise identified. Approved Change Orders shall also be incorporated in the updated schedule. It is highly recommended that a narrative be included with each update. The narrative should include a description of any logic changes made to the Project, a commentary as to gains and losses to critical and near critical activities, and a quantification of the gains and losses to the critical path. Failure to provide an updated construction schedule may result in withholding Contract payments until one is submitted.
If the Contractor desires to make a major change in the method of operations after commencing construction, or if the schedule fails to reflect the actual progress of the Work for any reason, the Contractor shall submit to the Engineer a revised construction schedule in advance of beginning 06/11/2024 C5 141 of 450
96 revised operations. In the event that an action either by the Agency or the Contractor results in a delay to the schedule, it is beneficial if the parameters pertaining to that action are recorded as they happen.
Add the following new subsection:
6-1.3 Pre-Construction Meeting.
6-1.3 Pre-Construction Meeting. A Pre-Construction Meeting shall be scheduled after the award and prior to construction. The Contractor (Principal and Project Superintendent) and any subcontractor for five percent (5%) or more of the work shall attend and be prepared to provide or discuss the following information:
a) Construction schedule
b) Subcontractors
c) City of Vista Stormwater Permit and Storm Water Pollution Prevention Plan (SWPPP), if required d) Traffic Control Plans
e) Survey requirements
f) Materials and delivery schedule
g) Local phone numbers for supervisory personnel
h) List of Emergency phone numbers (see Subsection 7-17 of these Specifications) i) Required permits
j) Coordination with other agencies
The Construction Schedule to be provided shall be as described in Subsection 6-1.1 (“Construction Schedule.”) of these Supplementary General Provisions.
6-2 PROSECUTION OF THE WORK.
Insert the following paragraph after the first paragraph:
Contractor shall, at contractor’s sole cost and expense, be solely and completely responsible for all matters affecting the prosecution, progress and completion of the work (both on and off the job site), and for observing all laws and providing for public convenience and safety, safety of workers (including its workers and those of its subcontractors, suppliers and others contributing to the work) and others, protection of property and rights of others, including location, maintenance and replacement of utilities whether shown on the plans or not, prior notification to utility owners, drainage from storm runoff, and all easements right-of-way and encroachment permits. Nothing in the Agreement, the specifications, or other Contract Documents or AGENCY’s or VID’s approval of the plans and specifications, or inspection of the work is intended to include a review, inspection, acknowledgement of or responsibility for any such matters and AGENCY or VID, AGENCY’s engineer or VID’s engineer, and their consultants, and each of their directors, officers, employees and agents, shall have absolutely no responsibility or liability therefore.
6-3 SUSPENSION OF THE WORK.
6-3.1 General.
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97 Replace this subsection in its entirety with the following:
6-3.1 General. The Engineer shall have the authority to suspend the Work, wholly or in part, for such period as the Engineer may deem necessary, due to unsuitable weather or to such other conditions (including an act of God or Force Majeure) as are considered unfavorable for the suitable prosecution of the Work, or for such time as the Engineer may deem necessary due to the failure on the part of the Contractor to carry out orders given or to perform any provisions of the Work. The Contractor shall immediately comply with the written order of the Engineer to suspend the Work wholly or in part and shall not resume the Work until ordered to do so in writing by the Engineer. Such suspension shall be without liability to the Contractor on the part of the City except as otherwise specified in Subsection 6-6.3 (“Payment for Delays.”).
In the event a suspension of work is ordered because of failure on the part of the Contractor to carry out orders given or to perform any provisions of the Work, such suspension of work shall not relieve the Contractor of his responsibility to complete the Work within the time limit set forth herein and shall not be considered cause for extension of the time for completion and, further, such suspension of work shall not entitle the Contractor to any additional compensation.
If the work is suspended or otherwise not continuously prosecuted for any cause whatsoever, within or without the time for completion, the Contractor shall, at his sole cost and expense, remove and replace all or any portion of the work already completed and inspected which Agency, at its sole discretion, could have been damaged during the suspension of work.
6-6 DELAYS AND EXTENSIONS OF TIME.
6-6.2 Extension of Time.
Add the following paragraph to the end of this subsection:
Delays to the project caused by labor disputes or strikes involving trades not directly related to the project, or involving trades not affecting the project as a whole shall not warrant an extension of time.
Daily charges for time extensions or delays from other causes shall be limited to negotiated amounts, or if no amounts are agreed upon, shall not exceed those charges documented to Agency’s satisfaction for additional labor and material costs associated with the delay, and an amount not exceeding 10% thereof for overhead and profit.
6-6.4 Written Notice and Report.
Replace the paragraph in this subsection with the following:
6-6.4 Written Notice and Report. If the Contractor desires payment for a delay as specified in Subsection 6-6.3 (“Payment for Delays.”), or an extension of time, it shall file with the Agency a written request and report of cause within ten (10) Working Days after the beginning of the event or occurrence giving rise to the delay. The written notice shall include a statement or estimate of the time extension or compensation being requested, documents supporting the request, including but not limited to evidence of all facts supporting the alleged claim and a current schedule showing the impact of the event or occurrence on the critical path. The request for payment or extension must be 06/11/2024 C5 143 of 450
98 made at least fifteen (15) Working Days before the specified completion date. Failure by the Contractor to file these items within the times specified will be considered grounds for refusal by the Agency to consider such request.
By submitting a request for compensation or time extension, the Contractor agrees to make all books and records, including original bid estimates, subcontracts, daily reports, and correspondence, available to the Agency for review. The Contractor also agrees to include this requirement in all subcontracts.
6-7 TIME OF COMPLETION.
6-7.1 General.
Delete the paragraph in this subsection and replace with the following:
6-7.1 General. The Contractor shall complete all portions of the Work, including Punchlist items, in accordance with the terms and conditions of the Contract Documents, within the number of days stated in the Notice Inviting Bids from the date of the Notice to Proceed. Construction on the Project shall begin within ten (10) Working Days of the Notice to Proceed and progress in good faith towards completion without unnecessary delay. The Contractor must work diligently to complete all Punchlist items within twenty (20) Working Days after the Engineer provides the Punchlist.
During the course of construction of the Work, the Agency may require the Contractor to complete portions or phases of the Project, including backfill, compaction, testing, paving and site cleanup, before the Contractor will be allowed to proceed with other portions or phases of the Project. The specific requirements and limits, if necessary for this Contract, are either specified in the Special Provisions, shown on the construction drawings, or shall be determined by the Engineer.
6-7.2 Not Used.
Replace this subsection with the following:
6-7.2 Working Days / Hours.
6-7.2 Working Days / Hours. Unless otherwise specified, the Contractor’s activities shall be confined to normal working hours between 7:00AM and 5:00PM, Monday through Friday. Lane closures will be confined to the hours between 8:30AM and 3:30PM, Monday through Friday.
No work shall be done on Saturdays, Sundays, or holidays without authorization by the Engineer.
Deviation from these non-Working Days will not be permitted without the prior consent of the Engineer except in emergencies involving immediate hazard to persons or property.
Deviation from these working days and hours will not be permitted without the prior consent of the Engineer except in emergencies involving immediate hazard to persons or property. In the event of either a requested or emergency deviation during non-Working Days / Hours, overtime inspection fees 06/11/2024 C5 144 of 450
99 will be charged against the Contractor. The overtime inspection fees will be calculated at overtime rates and will be deducted from any amounts due the Contractor.
6-8 COMPLETION, ACCEPTANCE, AND WARRANTY.
6-8.2 Acceptance.
Insert the following after the first paragraph:
Contractor shall be responsible for the care, maintenance of and any damage to all Water Facilities which have not been accepted by VID, except any damage caused by the active negligence of VID, its agents, employees or representatives.
VID shall not be required to accept the Water Facilities or any portion thereof until all Water Facilities have been completed to VID’s satisfaction. Furthermore, VID shall be permitted to use and operate any portion of the Water Facilities completed sufficiently to pass all field tests, after being placed into service by VID.
6-8.3 Warranty.
Replace the first paragraph in its entirety with the following:
The Work shall be warranted by the Contractor against defective materials and workmanship for a period of one (1) year, or longer as specified below:
a) The warranty period for installed fiber optic cable shall be two (2) years. b) The warranty period for the Work under Section 500 must be at least three (3) years. c) The warranty period for LED signal modules requires at least three (3) years of manufacturer’s warranty.
d) The warranty period for LED luminaires requires at least ten (10) years of manufacturer’s warranty. Provide documentation verifying that the LED luminaire model(s) being offered for the Project are covered by the ten-year warranty.
The warranty period shall begin when the Work is accepted as complete by the Agency after the Notice of Completion has been recorded at the County Recorder’s Office.
Replace the last paragraph with the following:
If at any time during the warranty period, or during the extended warranty period specified, the Engineer finds the Work, or any part of the Work, to be defective or not in conformance with the plans and specifications, whether or not manufactured, fabricated, installed, completed or overlooked and accepted by the Engineer, the Contractor must, in accordance with the Engineer’s written instructions and within the specified time limits, either correct the defective or non-conforming Work, or, if it has been rejected by the Engineer, remove it from the Site and replace it with non-defective and conforming Work.
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100
The Engineer may determine in its sole discretion to accept defective work in lieu of requiring the Contractor to correct or remove and replace the defective work. However, the Contractor must bear all direct and indirect costs of the defective work, and the diminished value to the Project, as determined by the Engineer. If the Engineer’s acceptance of defective work occurs prior to Final Payment, the Engineer will issue a Change Order incorporating the necessary revisions in the Contract Documents with respect to the defective work and affording the Agency the appropriate decrease in the Contract Price.
If the Contractor fails to correct, remove, or replace defective work or non-conforming work within five (5) Working Days from the date of written notice from the Engineer, the Engineer may proceed expeditiously with any correction undertaken in accordance with this section. The Agency may remedy after five (5) Working Days from the date of written notice when the Contractor fails to correct the Work in accordance with the Contract Documents, or when he fails to comply with any other provision of the Contract Documents. If, in the opinion of the Agency, the non-conforming work or defective work creates a dangerous condition or requires immediate attention or correction to prevent further loss to the Agency or any other party, or to prevent interruption of operation of any Agency service or any service of any other party, The Agency will attempt to give notice required by this paragraph. If the contractor cannot be contacted or does not comply with the Agency’s request for correction within a reasonable time determined by the Agency, then the Agency or other party may proceed to provide attention or make required corrections, and the cost of all correction or attention shall be charged to and paid for by the Contractor. The Agency may remedy immediately in the event of an emergency.
When undertaking remedial action under this section, the City may: exclude the Contractor from all or part of the Site; take possession of all or part of the Work, and suspend the Contractor’s Work and or Services; and incorporate into the Project all materials and equipment stored at the Site or for which the City has paid but the Contractor has stored elsewhere.
The City will not allow an extension of the Contract Time or milestones because of any delay in the performance of the Project attributable to the City’s undertaking remedial action to correct Defective Work.
For Building Projects which require a certificate of occupancy, not including sewer and water facilities, if the Contractor fails to correct the defective work listed on the Agency’s “Punchlist” within forty-five (45) Working days after the Contract Time, he must reimburse the Agency for all costs to provide inspection services required to monitor Work beyond the forty-five (45) days. The Agency will bill the Contractor for the additional inspection at the Agency’s established rates.
If the Contractor completes the Project or portions of the Project prior to the Notice of completion (NOC), he must preserve equipment by developing and implementing a preventive maintenance program in compliance with manufacturer's recommendations.
The Contractor must repair or replace the traffic signal and lighting system equipment within seventy-two (72) hours after notification of defects by the Engineer.
The Contractor must pay for any claims, costs, losses, and damages incurred by the Agency in remedying any deficiency (e.g., all costs of repair or replacement of Defective Work and all costs of repair of any other Work on the Project destroyed or damaged by correction, removal, or replacement of your Defective Work).
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101
Add the following paragraphs to the end of this subsection:
Replacement of earthfill or backfill, where it has settled below the required finish surfaces, shall be considered part of repairs of defective work, and any repair of surfacing constructed by the Contractor, which becomes necessary because of settlement or ground movement, shall be likewise considered part of such repair work.
Any existing improvements which are damaged by the Contractor’s operations, or any new work, including concrete, which is cracked, chipped, discolored, improperly finished, heaved, vandalized, or for any other reason does not conform to the specifications, shall be replaced by the Contractor at no additional cost to the Agency.
The parties agree that no certificate given, with the exception of the certificate of final payment, shall be conclusive evidence of the faithful performance of the Contract, either in whole or in part, and that no payment shall be construed to be in acceptance of any defective work or improper materials.
Further, the certificate of final payment shall not terminate the Contractor’s obligations under his warranty herein above. The Contractor agrees that payment of the amount due under the Contract and the adjustments and payments due for any work done in accordance with any alterations of the same, shall release the Agency, the Agency’s Council and its officials, officers and employees from any and all claims or liability on account of work performed under the Contract or any alteration thereof.
No materials, supplies, or equipment for the Work under this Contract shall be purchased subject to any chattel mortgage or under a conditional sale contract or other agreement or supplier. The Contractor warrants clear and good title to all materials, supplies, and equipment installed and incorporated in the Work and agrees upon completion of all work to deliver the premises, together with all improvements and appurtenances constructed or placed thereon by the Contractor, and further agrees that neither the Contractor nor any person, firm or corporation furnishing any material or labor for any work covered by the Contract shall have any right to a lien upon the premises or any improvement or appurtenance thereon, provided that this shall not preclude the Contractor from installing metering devices or other equipment of utility companies the title of which is commonly retained by the utility company. Nothing contained in this article, however, shall defeat or impair the right of such persons furnishing materials or labor under any bond given by the Contractor for their protection, or any right under any law permitting such persons to look to funds due the Contractor, which are in the hands of the Agency. The provisions of this article shall be inserted in all subcontracts and material contracts, and notices of its provisions shall be given to all persons furnishing materials for the Work when no formal contract is entered into for such materials.
With respect to all warranties, express or implied, from Subcontractors, manufacturers, or suppliers for Work performed and materials furnished under this Contract, the Contractor shall:
a) Obtain for Agency all warranties that would be given in normal commercial practice; b) Require all warranties to be executed, in writing, for the benefit of the Agency or other parties; and
c) Enforce all warranties for the benefit of the Agency or other parties, unless otherwise authorized in writing by the Agency.
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This subsection shall not limit the Agency’s rights under this Contract or with respect to latent defects, gross mistakes, or fraud. The Agency specifically reserves all rights related to defective work, including but not limited to the defect claims pursuant to California Code of Civil Procedure Section 337.15.
6-9 LIQUIDATED DAMAGES.
Replace this subsection with the following:
6-9 LIQUIDATED DAMAGES. Failure of the Contractor to complete the Work within the time allowed will result in damages being sustained by the Agency. For each consecutive working day in excess of the time specified for completion of Work, as adjusted in accordance with Subsection 6-6 (“DELAYS AND EXTENSIONS OF TIME.”), the Contractor shall pay to the Agency, or have withheld from monies due the Contractor, the sum of five hundred dollars ($500.00).
Execution of the Contract shall constitute agreement by the Agency and Contractor that the sum of five hundred dollars ($500.00) per working day is the value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs.
SECTION 7 – RESPONSIBILITIES OF THE CONTRACTOR
7-1 THE CONTRACTOR’S EQUIPMENT AND FACILITIES.
7-1.1 General.
Replace the second paragraph with the following paragraph:
The Contractor shall provide his own sanitary accommodations, including enclosed portable toilets and hand washing stations, for the convenience of the workers on the Project. The accommodations shall be regularly maintained by a company that specializes in providing and maintaining those facilities. The Contractor shall ensure that all workers on the Project, including those of subcontractors, use the Contractor’s accommodations and do not use any public or private facilities while working on the Project.
Add the following paragraphs:
The Contractor must furnish adequate equipment to properly perform the Work in a workmanlike manner. Such equipment must be in good state of repair and maintained in such state during the progress of the Work. No worn or obsolete equipment shall be used, and in no case shall the maker’s rating of capacity for any equipment be exceeded. Equipment not suitable to produce the quality or work required for this Project will not be permitted to operate. Such equipment and facilities shall meet all requirements of applicable ordinances and laws. 06/11/2024 C5 148 of 450
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All construction equipment, stationary or mobile, shall be equipped with properly operated and maintained muffler exhaust systems. Stockpiling in vehicle staging area shall be located as far as practical from occupied dwelling units and shall be subject to approval by the Engineer.
Full compensation for conforming to the requirements of this provision shall be considered as included in the Contract price paid for various items of work and no additional compensation will be allowed therefore.
7-1.2 Temporary Utility Services.
Add the following to this subsection:
The Contractor may contact Vista Irrigation District (VID) to obtain a construction water meter and determine all terms, costs, conditions and regulations imposed on the Contractor for use thereof.
Contractor will be required to pay for usage of water through construction water meter.
If VID does not have a construction water meter available, the Contractor shall use a water truck or other water storing equipment for use on the project. Water can be obtained from the City of Vista at no charge, filled at the Public Works Yard on Taylor Street.
7-2 LABOR.
7-2.1 General.
Add the following paragraphs to this subsection:
No contractor or subcontractor of any tier may be awarded a Contract for public work on a public works project or work on a public works project without proof of registration with the Department of Industrial Relations pursuant to Labor Code section 1725.5.
Registrations under Section 1725.5 expire annually at the end of June, and Contractor is responsible for verifying the renewal status of each subcontractor, of any tier, working on this Contract, and providing City with an updated list of all subcontractors and their registration status. Subcontractors who do not timely renew their registration must be removed from the job site until they are registered.
The removal of a subcontractor for failure to be registered shall not be cause for any extension of time or additional compensation of any nature under the Contract.
In accordance with the requirements of Section 1771.1(j) of the Labor Code, the Agency will observe and enforce any Stop Order issued by the Labor Commissioner where a contractor or subcontractor engages in the performance of any public work Contract without having been registered in violation of the requirements of Section 1725.5 or this section, and will not allow the unregistered contractor or the unregistered subcontractor to work on any public works until the unregistered contractor or unregistered subcontractor is registered.
In accordance with the provisions of Section 1771.4(a)(1) of the California Labor Code, this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 06/11/2024 C5 149 of 450
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In accordance with the provisions of Section 1771.4(a)(2) of the California Labor Code, the prime contractor shall post job site notices, as prescribed by regulation.
7-2.2 Prevailing Wages.
Replace the subsection with the following paragraphs:
Pursuant to the Vista City Charter and the Vista Municipal Code, payment of prevailing wages and compliance with the California Labor Code Sections 1770 et seq IS required for this Project.
State prevailing rates of wages and classifications, as applicable to this contract, are ascertained and adopted by the State of California, Director of Industrial Relations (DIR) pursuant to California Labor Code Article 2 of Chapter 1 of Part 7 of Division 2, as amended, which is made a part herein, and the provisions of Section 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Certified payroll on an approved compliance format is required for all work under this Contract.
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 Director of the California Department of Industrial Relations (DIR). These wages are set forth in the General Prevailing Wage Rates for this Project, available at the California Department of Industrial Relations’ (DIR) Internet URL website link at:
http://www.dir.ca.gov/DLSR/PWD
When the Contractor intends to use a craft or classification not shown in the wage provisions, it will be required to pay the wage rate of that craft or classification most closely related to that craft or classification as shown on the wage provisions. In case of disagreement between the Contractor and the Agency, the Engineer shall decide the prevailing wages for the labor.
The Contractor shall comply with the provisions of California Labor Code Section 1773.8 which requires the payment of travel and subsistence payments to each worker needed to execute the work to the extent required by law.
The Contractor shall, as a penalty to the Agency, forfeit not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the Contract by Contractor or by any subcontractor.
For projects using Federal funds, the Federal minimum wage rates used for the project are those predetermined by the United States Secretary of Labor within ten (10) Working Days before the bid opening. These wages are available at the United States Secretary of Labor website link at:
http://www.dir.ca.gov/DLSR/PWD
The state prevailing wage determination used for this Project is the latest determination on the bid advertising date. The federal wage determination used for this Project is the latest determination ten 06/11/2024 C5 150 of 450
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(10) Working Days before the bid opening. Within ten (10) days before the bid opening an addendum will be issued to holders of Plans and Project Specifications containing the latest Federal prevailing wage rate determinations to be used for the Project.
Attention is directed to the Federal minimum wage rate requirements. On Federally funded projects, if there is a difference between the minimum wage rates predetermined by the Secretary of Labor and the general prevailing wage rates determined by the Director of the California Department of Industrial Relations (DIR) for similar classifications of labor, the Contractor and subcontractors shall pay not less than the higher wage rate. The Agency will not accept lower State wage rates not specifically included in the Federal minimum wage determinations. This includes “helper” (or other classifications based on hours of experience) or any other classification not appearing in the Federal wage determinations. Where Federal wage rate determinations do not contain the State wage rate determinations otherwise available for use by the Contractor and subcontractors, the Contractor and subcontractors shall pay not less than the Federal minimum wage rate which most closely approximates the duties of the employees in question.
Add the following new subsection:
7-2.2.1 Apprentices.
Attention is directed to the provisions of Section 1777.5 and 1777.6 of the labor Code concerning the employment of apprentices by the Contractor or any Subcontractor under him/her. The Contractor and any Subcontractor under him/her shall comply with the requirements of said sections in the employment of apprentices.
The Agency will provide notice to the Department of Industrial Relations of any public works Contract using the online PWC-100 form. The online PWC-100 form is also transmitted to the Department of Apprenticeship Standards (DAS) to inform them of the award of a contract. The Contractor and each subcontractor shall also submit a “Public Works Contract Award Information” form (DAS form 140) to inform all applicable apprenticeship committees of the award of a contract.
The Contractor and each subcontractor shall provide written evidence to the Agency that the request for dispatch of apprentices to the training agencies has been completed using the DAS 142 form.
Contributions to a training fund, or the California Apprenticeship Council, for every worker on the job, are required.
The Contractor and all subcontractors shall submit to the Agency copies of the “Public Works Contract Award Information” forms (DAS form 140) and all requests for dispatch of apprentices on the DAS 142 form. These DAS forms are available from the California Department of Industrial Relations’ (DIR) Division of Apprenticeship Standards website link at:
http://www.dir.ca.gov/DAS/das.html
The Contractor is not required to use apprentices on projects under thirty thousand Dollars ($30,000).
7-2.3 Payroll Records.
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Add the following after the first sentence:
In accordance with the requirements of the California Prevailing Wage Laws, Contractor and each Subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time, and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the work. The payroll records shall be certified and submitted to the DIR electronically in accordance with the California Prevailing Wage Laws. Contractor shall be subject to, and fully comply with, all California Prevailing Wage Laws, including, but not limited to, those pertaining to the maintenance and inspection of certified payroll records. Copies of the record of wages paid shall be certified by the Contractor and submitted to the DIR with each progress payment request. In the event of noncompliance with the requirements of this section for payroll records, and upon the request of the DIR, contractor penalties shall be withheld from Contract payments.
7-3 LIABILITY INSURANCE.
Delete this section in its entirety and replace with the following:
The Contractor shall procure and maintain for the duration of the Contract, and for 1 year thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors.
Without limiting the Contractor's indemnification, it is agreed that the Contractor shall maintain in force at all times the following policy, or policies, of insurance covering its operations:
(a) Commercial General Liability (CGL) -- Insurance Work Office Form CG 00 01 covering CGL on an “occurrence” basis, including products, completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this Project/location or the general aggregate limit shall be twice the required occurrence limit.
(b) Automobile Liability -- Insurance Work Office Form Number CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage. Any and all mobile equipment, including cranes, which are not covered under Automobile Liability, shall have said coverage provided for under Comprehensive General Liability policy.
(c) Contractors Pollution Legal Liability, appropriate to cover such activities as cleanup, removal, storage, or otherwise handling of hazardous or toxic chemicals, materials, substances, or any other pollutants; in an amount sufficient to cover potential losses from an incident, with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
(d) Transporters Pollution Liability, to cover transportation of hazardous or toxic chemicals, materials, substances or any other pollutants, the Contractor shall provide an amount sufficient to cover potential losses from an incident, but not less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
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If the contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the contractor shall cause 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.
Certificates of insurance and a complete copy of the insurance policies evidencing the coverages required by the clauses set forth above shall be filed with the Agency prior to the effective date of this Agreement. This is a condition precedent to the formation of any obligation by the Agency to compensate the Contractor under this Agreement.
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used), unless otherwise approved in advance by City.
2. For any claims related to this Project, the Contractor’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and 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.
3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City.
Contractor may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the City as a loss payee as their interest may appear. If the Project does not involve new or major reconstruction, at the option of the City, an Installation Floater may be acceptable. For such Projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the City’s site.
If any coverage required is written on a claims-made coverage form:
1. The retroactive date must be shown, and this date must be before the execution date of the Contract or the beginning of Contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of Contract work.
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3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the Contract effective date, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of Contract work.
4. A copy of the claims reporting requirements must be submitted to the City for review.
5. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A: VII, unless otherwise approved by the City.
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors.
Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this Contract. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format least as broad as CG 20 38 04 13.
Contractor agrees to assist in every manner possible in the reporting and investigation of any accident and, upon request, to cooperate with all interested insurance carriers in the handling of any claim by securing and giving evidence and obtaining the attendance of witnesses as required for the resolution of any claim or lawsuit.
Nothing contained in these insurance requirements is to be construed as limiting the type, quality or quantity of insurance that the Contractor should maintain, or the extent of the Contractor's responsibility or liability for payment of damages resulting for the Contractor's operations under the contract. The carrying of the insurance specified herein shall not be construed to be a limitation of liability on the part of the Contractor or as a matter of law.
Add the following new subsection:
7-3.1 Failure to Procure Insurance.
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Failure to Procure Insurance. Contractor’s failure to procure or maintain required insurance program shall constitute a material breach of Contract under which the Agency may immediately terminate the Contract or, at its discretion, procure or renew such insurance to protect the Agency’s interests and pay any and all premiums in connection herewith, and recover all monies so paid from Contractor, or deduct all monies so paid from payments due Contractor.
7-5 PERMITS.
Add the following paragraphs:
The issuance of a permit based on Plans, specifications, and other data shall not prevent the Agency from ordering correction of errors in said Plans, specifications, or other data, or from preventing construction operations being carried on hereunder when in violation of any law, code or ordinance.
The Contractor shall submit to the Engineer for review and approval a completed City of Vista Storm Water Management Permit application (see Appendices or contact the Agency for forms and instructions). As part of the permit application, the Contractor must submit a Storm Water Pollution Prevention Plan (SWPPP) (if required) to the Engineer for review and acceptance as required by the Regional Water Quality Control Board. The Contractor shall comply with all provisions of the permit throughout the course of the Work. The permit must be approved by the Engineer prior to starting work. The Contractor shall include all costs for obtaining and complying with the requirements of the permit in the various items of work, and no additional compensation will be paid.
Compliance with the provisions of this section shall be considered as included in the various Contract items of work to which such regulations are applicable and no additional compensation shall be allowed therefore. Further, the enforcement of any requirements of the permits required during the performance of the Contract work shall not be made the basis for additional compensation.
If the Contractor is required to obtain permit(s) from other agency (agencies) to complete the Work in accordance with the Drawings and Project Specifications, the Agency will compensate the Contractor for the actual cost of the permit fee unless otherwise specified that the Contractor is responsible to pay the fee. The Contractor shall include all other costs associated with obtaining permits in various bid items for which the permit is required, and no additional compensation will be paid.
Add the following new subsections:
7-5.1 City of Vista Business License.
7-5.1 City of Vista Business License. A City of Vista Business License is required of the Contractor and all his/her Subcontractors prior to execution of the Contract. A fee will be charged for any new Business Licenses or renewal of any expired Business Licenses.
7-5.2 City of Vista No-Fee Construction Permit.
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7-5.2 City of Vista No-Fee Construction Permit. After execution of the Contract and prior to beginning work, the Contractor shall apply for and obtain a no-fee Construction Permit from the Agency.
Prior to applying for the permit, the Contractor shall first submit the following documents to the Engineer with proof that the policies / licenses are current:
1] Contractor’s License of appropriate classification.
2] City of Vista Business License [see Subsection 7-5.1 (“City of Vista Business License.”)]
3] General Liability Insurance Certificate. The Certificate shall be issued with the Agency listed as the Certificate Holder. The Agency shall also be listed as an additional insured. See the Supplementary General Provisions for additional Certificate requirements and the amounts and types of liability coverage. If any Subcontractor does not have the amount of liability insurance required in the Project Specifications, the General Contractor must produce evidence that the Subcontractor's work is covered by the General Contractor's liability insurance policy.
4] Worker's Compensation Insurance Certificate. The Certificate shall be issued with the Agency listed as the Certificate Holder.
5] Waste Management Permit Application. The Contractor shall be required to recycle at least fifty percent (50%) of the generated waste in accordance with Vista Municipal Code Chapter
13.17. A permit will be issued by the Agency to the Contractor covering the Contractor and all Subcontractors.
7-6 THE CONTRACTOR’S REPRESENTATIVE.
Replace the first two sentences with the following:
Before starting the Work, the Contractor shall provide in writing to the Agency a list of the representatives with local area codes and telephone numbers of at least two (2) persons in charge of or responsible for the Work, who can be reached for emergency work twenty-four (24) hours a day, seven (7) days a week.
Replace the third and fourth sentences with the following:
Contractor shall have on the site, at all times, a Superintendent who will be in charge of all aspects of the Contractor’s work. The Superintendent shall be the individual authorized to receive directions from the Engineer of the Project and who will at all times act as the Contractor’s representative. Any order or communication given to the Superintendent shall be deemed delivered to the Contractor.
Contractor shall only replace the Superintendent upon written approval of the Agency. The Agency shall have the right to request that the Contractor appoint a new Superintendent if the Engineer or the Agency determines that such a replacement would be in the best interest of the Project.
Add the following paragraphs:
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The Contractor shall submit a daily report to the Engineer from the Contractor and all subcontractors, on forms approved by the Engineer. The report shall include a listing of all labor, materials and equipment involved for that working day. Failure to submit the daily report by the close of the next working day shall be just cause for the Agency to dispute progress pay requests. The Contractor shall coordinate daily with the Engineer to reconcile the report, and it shall be signed by both the Engineer and the Contractor. In the event of disagreement, pertinent notes shall be entered by each party to explain points which cannot be resolved immediately. Each party shall retain a signed copy of the report. Reports by subcontractors or others shall be submitted through the Contractor.
The report shall:
1] Show names of workers, classifications, and hours worked. 2] Show type of equipment, size, identification number, and hours of operation. 3] Describe the work done that working day, and what work was completed. 4] Describe status of any unresolved issues in such detail as the Agency may require.
7-7 COOPERATION AND COLLATERAL WORK.
Replace the first paragraph with the following:
Nothing contained in these documents shall be interpreted as granting to the Contractor exclusive occupancy of the construction site for the Work. Should construction be under way or subsequently begun by other forces or by other contractors within or adjacent to the limits of the Work, or in the vicinity of the Work to be done under this Contract, the Contractor shall so conduct his operations as to interfere to the least possible extent with the Work of such other forces or contractors. If the performance of this Contract is likely to be interfered with by the simultaneous performance of some other forces or contractors, the Engineer will decide which contractor shall continue or whether the Work can proceed simultaneously.
Any difference or conflicts that may arise between the Contractor and such other forces or contractors because of delays or hindrance to each other, 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 force, the Contractor shall on that account have no claim for additional compensation or extra cost against the Agency.
Add the following paragraphs:
The Contractor shall perform the Work in such a manner as to maintain in operation all existing utilities and other public services. The Contractor shall allow operations and maintenance crews from any utility or other public service agency to access their facilities at any time. Owners of the various utilities, and / or facilities at or near the Project site are as follows:
UTILITY OWNER
Gas and Electric Power Transmission and
Distribution Facilities
San Diego Gas & Electric Company
(SDG&E)
Telephone and Communication Facilities AT&T Corporation 06/11/2024 C5 157 of 450
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UTILITY OWNER
Cable Television and / or Communication
Facilities
Cox Communications, Inc. , Times Warner
Cable, Crown Castle and/or Coastal
Sewer City of Vista Public Works and Buena
Sanitation District
Traffic Signals, Street Lights, and Fiber Optic
Communication Facilities City of Vista Public Works
Storm Drains City of Vista Public Works
Well Water Distribution or Irrigation City of Vista Public Works Water Vista Irrigation District (VID)
Water and Sewer
(for Emerald Dr., Olive Ave. and S. Melrose Dr.) City of Oceanside Utilities Department Water and Sewer
(for Palomar Airport Rd., Poinsettia Ave. and Linda Vista Dr.) Vallecitos Water District Bus / Railroad North County Transit District (NCTD)
State Highways California Department of Transportation
(Caltrans), District 11
The following scheduling information is provided for the Contractor’s information, but it does not alter the Contractor’s responsibility.
7-8 WORK SITE MAINTENANCE.
7-8.1 General.
Replace the second paragraph with the following:
The Contractor and all Subcontractors are required to clean up the site on a daily basis. This cleanup shall include, but not be limited to, the Contractor furnishing and operating a self-loading motorized street sweeper equipped with a functional water spray system or by hand (depending on the size of the daily job/cleanup), removal of all construction material that is no longer needed on the job site, daily removal of all construction rubbish/trash away from the job site, proper storage of all construction equipment including traffic control devices that are not in use. The sweeper shall clean all paved areas within the Work site and all paved routes at least once each working day for the purpose of keeping paved areas acceptably clean whenever construction, including restoration, is incomplete. It shall be the Contractor’s responsibility to keep vehicle and pedestrian travel ways broom clean at all times. Failure to comply with these daily cleanup requirements may result in the Agency performing the cleanup work and deducting the cost from the Contractor’s payment(s).
The sweeper shall be certified to conform to the South Coast Air Quality Management District’s (SCAQMD) (California) Rule 1186 requirements, which limit the amount of very fine particles of dust that can become airborne during sweeping operations. For additional information regarding SCAQMD’s Rule 1186, go to Internet URL website link at:
http://www.aqmd.gov/rules/doc/r1186/r1186_equip.pdf
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Upon completion and before making application for acceptance of the Work, the contractor shall clean the construction site and all ground occupied by him in connection with the Work of all rubbish, excess materials, temporary structures, and equipment. All parts of the Work area shall be left in a near and presentable condition.
Care should be taken to prevent spillage on streets over which hauling is done, and any such spillage or debris deposited on streets due to the Contractor's operation shall be immediately cleaned up.
The Contractor shall remove and dispose of all structures, debris, or other obstructions to the construction of the Work as specified. Where such obstructions consist of improvements not required by law to be removed by the owner thereof, all such improvements shall be removed, maintained, and permanently replaced by the Contractor at his expense as required for performance of the Work.
The Contractor shall furnish all water necessary for compaction, cleaning, flushing, dust control, etc.
No separate payment will be made for any work performed or material used to control dust resulting from the Contractor’s performance of the Work, or by public traffic, either inside or outside the right-of-way.
Full compensation for conforming to the requirements of this Subsection 7-8.1 shall be considered as included in the various items of work involved and no additional compensation shall be allowed therefor.
Add the following paragraphs to this subsection:
EDCO Waste and Recycling Company has an exclusive franchise agreement with the Agency for waste hauling. If the Contractor requires waste disposal service, that service must be provided by EDCO. The Contractor is to make his own arrangements with EDCO and pay for all waste disposal, which is to be included in his overall Contract bid.
As a result of AB 939, the Agency has established a Construction and Demolition (C&D) Recycling Ordinance (Vista Municipal Code Chapter 13.17) to help divert waste from landfills and to comply with mandates of the California Integrated Waste Management Board (per City of Vista Ordinance No. 2006-19). Many of the materials generated from construction and demolition projects can be recycled or reused. The Agency requires any contractor that generates debris to use a recycling service (EDCO or other Agency-approved recycling company) and fill out a Waste Management Plan (WMP). The Contractor shall cooperate with the Agency’s Inspector and Agency’s Waste Management Compliance Officer in completing the WMP prior to obtaining the required “No Fee” Construction Permit. If you have any questions about the Agency’s Construction and Demolition Recycling Ordinance or how to get a copy of this form, please contact Jason Christman at 760-726-1340 x 1264.
The Contractor shall provide copies of all receipts from EDCO and include all demolition costs in his construction bid.
Full compensation for furnishing all labor, materials, equipment and incidentals for clean-up and dust control as specified, including weekends and other non-working days at the Agency’s request, 06/11/2024 C5 159 of 450
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shall be considered as included in related items of work and no additional compensation will be allowed therefore.
7-8.2 Air Pollution Control.
Add the following paragraph:
All cold milling equipment, sandblast pots over one-hundred pounds (100 lbs.), portable engines over fifty horsepower (50 HP), and auxiliary engines on construction equipment which are not used to drive equipment require permits from the San Diego County Air Pollution Control District (SDAPCD).
The Contractor must obtain and maintain all required permits, and follow all permit requirements.
7-8.3 Noise Control.
Add the following paragraphs:
The Contractor shall comply with local ordinances regulating noise level (see Vista Municipal Code Chapter 8.32).
All construction activities (including, but not limited to, the use of tools, machinery or equipment used in connection with construction operations), regardless of hours of operation, shall be kept below an average hourly sound level of seventy-five (75) dBA Leq measured at fifty feet (50’) from the noise source. A noise level limit of ninety-five (95) dB at a distance of fifty feet (50’) shall apply to all construction equipment on or related to the job whether owned by the Contractor or not. Examples include but are not limited to: equipment startups, equipment staging in or near the project, truck deliveries to the project, construction traffic loud talking, etc.
This ordinance applies to all grading operations and all public improvement construction on private or public property.
The Contractor shall not perform high-noise producing work (e.g. jack-hammering, saw-cutting, sand blasting, cold milling, compacting, etc.) between the hours of 10:00PM and 7:00AM, unless the Contractor is directed to perform work at night as part of a unique project, to avoid excessive impacts to traffic, businesses, or schools. The Contractor shall provide written notification to all residential properties within five hundred feet (500’) of the work zone at least seventy-two (72) hours in advance of performing: 1) work during these hours; 2) high-noise producing during working hours. The proposed notification form and list of properties shall be submitted to the Engineer for approval.
Stationary construction equipment shall be placed such that emitted noises are directed away from sensitive noise receivers such as residential uses. The Contractor shall make every effort to create the greatest distance between noise sources and receptors during construction operations.
The Contractor shall use only such equipment on the Work and in such state or repair, that the emission of sound therefrom is within the noise tolerance level of that equipment, as established by accepted standards of the industry. Should the Agency determine that the muffling device on any equipment used on the Work is ineffective or defective so that the noise tolerance of such equipment, 06/11/2024 C5 160 of 450
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as established by accepted standards of the industry, is exceeded, such equipment shall not, after such determination by the Agency, be used on the Work until its muffling device is repaired or replaced so as to bring the noise tolerance level of such equipment within such standards.
7-8.4 Storage of Equipment and Materials.
7-8.4.1 General.
Add the following paragraphs:
For the BOBOLINK STORM DRAIN PROJECT – PHASE 2, the Contractor may use, at his own risk, the City’s vacant lot located at 1125 E. Taylor Street (APN 171-250-30) as a staging area and for parking construction equipment when not in use. The Contractor shall place asphalt concrete cold milling spoils at any of the staging and storage sites used for this project, as directed by the Engineer and by Public Works, to stabilize the surface. The Contractor shall implement and maintain all appropriate storm water pollution prevention BMP’s to prevent discharges from the staging and storage areas. After using any area for staging or storing materials or equipment, the Contractor shall clean up the staging and storage areas used for the project, and return them to their pre-existing condition, to the satisfaction of the Engineer and the Public Works Supervisor.
The Contractor shall obtain and maintain, at his own cost, a construction staging area outside of the right of way or outside the boundaries of the Agency’s property, unless a staging area is specifically shown on the Plans or described in the specifications. Any posted signs for or related to the staging area must be of professional quality and approved by the Engineer prior to placement. The staging area must be established, maintained and removed in a manner acceptable to the Engineer and the owner of the land where the staging area is situated. The Contractor shall be solely responsible for the security and liability of the staging area. The staging area maybe fenced, lighted and locked. Guard dogs are not allowed at the construction staging area. Such staging areas shall meet all requirements of applicable standards, codes, ordinances and laws, and shall be established at least five (5) Working Days prior to commencement of work.
When any product, material or equipment is to be stored outside the highway or street right-of-way or Agency property, the Contractor shall first obtain written permission from the property owner on whose property the storage is to be made. The Contractor shall file with the Engineer an original permission letter, together with a written release from the property owner absolving the Agency or its employees from any and all responsibility in connection with storage of materials, products or equipment on said property.
7-8.4.2 Storage in Public Streets.
Add the following paragraphs:
No equipment or materials may be stored on public street rights-of-way unless pre-approved by the City of Vista Traffic Engineering Division.
Add the following subsection:
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7-8.4.3 Storage on Private Property.
7-8.4.3 Storage on Private Property. The Contractor and all Subcontractors shall minimize the effects of construction operations upon private properties adjacent to the Work.
Prior to storing equipment or material on private property, the Contractor shall provide copies of all letters of permission or written agreements executed by affected property owners for the purpose of granting trespass rights to enter upon, stockpile or store Contractor's supplies and equipment to the Engineer. The Contractor shall, as a penalty to the Agency, forfeit one hundred dollars ($100) per day as a fine for each parcel as determined by the Engineer for failure to provide copies of such documentation to the Engineer prior to storing equipment or material on private property. Said fine or fines will be deducted from the Contractor’s subsequent monthly progress payment. The Contractor is solely responsible to initiate contact and negotiate agreement with property owners if the Contractor should desire to use private property for storage or other purposes.
Materials or equipment placed on private property without owner's consent or in breach of owner/contractor Contract shall constitute ground for immediate issuance of a stop work notice to the Contractor. The Contractor shall then be required to suspend all operations until affected property is cleaned up and restored to original condition. Additional Contract days will not be granted due to stop work action against Contractor.
7-8.6 Water Pollution Control.
7-8.6.1 General.
Add the following to this subsection:
The Contractor shall adhere to, the requirements of the San Diego Regional Water Quality Control Board (RWQCB). All work shall be performed in accordance with ORDER NO. R9-2013-0001, AS AMENDED BY ORDER NOS. R9-2015-0001 AND R9-2015-0100 NPDES NO. CAS0109266 - NATIONAL POLLUTANT DISCHARGE
ELIMINATION SYSTEM (NPDES) PERMIT AND WASTE DISCHARGE REQUIREMENTS FOR DISCHARGES FROM THE MUNICIPAL SEPARATE STORM SEWER SYSTEMS (MS4s) DRAINING THE WATERSHEDS WITHIN THE SAN DIEGO REGION, which can be found on the Internet at:
http://www.waterboards.ca.gov/rwqcb9/water_issues/programs/stormwater/index.shtml
The Contractor shall adhere to, and shall perform in accordance with the requirements of Vista Municipal Code Chapter 13.18 – Storm Water Management and Discharge Control Program.
As part of the application for City of Vista Storm Water Management Permit, the Contractor shall submit an erosion control plan showing all pollution prevention, erosion and sediment control, and site management practices, to the City Engineer for review and approval, and shall implement and maintain all appropriate measures to prevent polluted discharges from entering storm water conveyance facilities (e.g. channels, storm drains, and water bodies). The Storm Water Management Permit application and erosion control plan must be prepared and submitted by the Contractor and approved by the City Engineer before any land disturbance activities can take place on the construction site.
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For projects not subject to the Construction General Permit, before commencement, and until final acceptance of the Work by the City, the Contractor shall provide all measures necessary to avoid erosion and adverse drainage conditions, in conformance with the current Order and the City of Vista Grading Ordinance.
7-8.6.4 Dewatering. Dewatering shall be performed by the Contractor when specifically required by the Plans or Specifications, and as necessary for construction of the Work. Dewatering shall be performed in conformance with all applicable local, state and Federal laws and permits issued by jurisdictional regulatory agencies. Permits necessary for treatment and disposal of accumulated water shall be obtained by the Contractor or the Agency as specified in these Special Provisions.
Accumulated water shall be treated prior to disposal if so specified in the Special Provisions or required by a permit. The Contactor shall submit a working drawing and related supporting information per Subsection 2-5.3 (“Submittals.”) detailing its proposed plan and methodology of dewatering and treatment and disposal of accumulated water.
The plan shall identify the location, type and size of dewatering devices and related equipment, the size and type of materials composing the collection system, the size and type of equipment to be used to retain and, if required, treat accumulated water, and the proposed disposal locations. If the proposed disposal location is a sanitary sewer, the Contractor shall submit to the Engineer written evidence of permission from the owner. If the proposed disposal location is a storm drain system or receiving body of water, the Contractor shall submit written evidence of permission from the owner of the storm drain system and, if not obtained by the Agency, original signed permits from jurisdictional regulatory agencies or written evidence that such permits are not required.
7-8.6.5 Payment.
All costs for the work required to comply with the requirements of this subsection shall be included in the bid item for Storm Water Pollution Prevention and Erosion Control as shown on the BID SCHEDULE. If no bid item is provided, the cost of the work required to comply with this subsection shall be considered as included in the prices bid for the various items of work.
7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS.
Add the following paragraphs:
The Contractor shall exercise due care to avoid injury to existing improvements or facilities, utility facilities, signage, adjacent property, trees, turf, lawn and shrubbery that are to be relocated or not to be removed.
All trees, turf, lawn, and shrubbery that are not to be removed, and pole lines, fences, signs, survey markers and monuments, buildings and structures, conduits, pipelines under or above ground, sewer and waterlines, highway or street signs and facilities, and any other improvements or facilities within or adjacent to the Work shall be protected from damage. The Contractor shall provide and install suitable safeguards to protect such objects from damage. Relocations, repairs, replacements or 06/11/2024 C5 163 of 450
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reestablishments shall be equal to the existing improvements and shall match such improvements in finish and dimensions unless otherwise specified as approved by the Engineer.
In addition to any requirements imposed by law, the Contractor shall shore up, brace, underpin, and protect, as may be necessary, all foundations and other parts of all existing structures, and all portions of other existing facilities including waterlines, storm drains, and sewer lines, adjacent to and adjoining the site of the Work, which are in any way affected by the excavations or other operations connected with the performance of the Work.
The Contractor shall maintain all existing roadside mailboxes and official signs other than those called for removal, including but not limited to directional, warning, advisory, regulatory and street markers. The mailboxes and signs shall be maintained in an erect and functional position and condition at all times during the construction period in either temporary or permanent location as designated by the Engineer. Any of these facilities which are damaged or lost shall be replaced by the Contractor at no cost to the Agency.
The Contractor shall maintain in operation all existing traffic signals and street lighting for the benefit of the public during the progress of the Work. Existing electric services, traffic signal equipment, traffic signs, and street lights that are being replaced or relocated shall remain in service until the replacement facilities are installed and operational or useable).
All costs involved in protection and restoration of existing improvements shall be included in related items of work and no additional compensation shall be allowed therefore.
7-10 PUBLIC CONVENIENCE AND SAFETY.
7-10.1 Access.
7-10.1.1 General.
Add the following paragraphs:
The Contractor shall make every effort to keep driveways open during working hours. After hours all driveways shall be accessible with smooth and safe crossings through the construction.
In addition, two-directional traffic must be maintained at all times.
In general, only one (1) lane of traffic in each direction may be closed at one (1) time.
Vehicular lane and bicycle lane closures will only be allowed between the hours of 8:30AM and 3:30PM to avoid impacts on commuter traffic and to avoid impacts to the adjacent businesses, local residences and schools.
Other conditions such as pedestrian access and the presence of schools or other special traffic and pedestrian generating facilities may affect the working hours.
7-10.2 Work Area Traffic Control.
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7-10.2.1 General.
Add the following paragraph:
The Contractor shall prepare and submit a traffic control, construction phasing, and detour plan for approval by the Agency, showing how traffic and access will be maintained during the work.
At least two (2) lanes of traffic, one in each direction, must be kept open during construction periods on all streets. The Contractor shall furnish, install and maintain all necessary and appropriate signing and striping for lane closures to accommodate the work zone.
Emergency vehicles shall be permitted to pass through the work area without delay at all times.
Work shall be performed in a portion of the street section while the remainder of the street section is kept open and unobstructed until the newly-constructed improvements are ready for use by traffic.
The Contractor shall phase the removal operations so as to maintain the specified traffic lanes on existing pavement until sufficient new pavement is constructed to accommodate the traffic requirements. A smooth, even surface and a condition satisfactory for traffic shall be maintained on the portion of street where the two-directional traffic is being maintained.
The Contractor shall cooperate with local authorities relative to handling local traffic and providing access to necessary services through the area and shall make his own arrangements relative to keeping the working area clear of parked vehicles.
If temporary ‘No Parking’ zones are part of the approved Traffic Control Plan, the Contractor shall be responsible for furnishing and posting temporary ‘No Parking’ signs a minimum of forty-eight (48) hours in advance of work. Signs shall have the correct legend and any other necessary information such as hours of the day; days of the week; dates that the temporary ‘No Parking’ zone applies; and citation of the applicable section of the California Vehicle Code or the Vista Municipal Code. Signs shall be posted at one-hundred foot (100’) maximum intervals along the approved temporary ‘No Parking’ zone. Signs may be attached to existing sign and street light poles in the public right-of-way as approved in the Traffic Control Plan. When necessary to meet the spacing requirement or to ensure sign visibility, the Contractor shall furnish posts or barricades. The Contractor is responsible for the removal of all temporary “No Parking” signs and fasteners or tape used after the Work is completed on each street or alley.
The Contractor shall be responsible for furnishing and posting temporary ‘No Parking’ signs along all streets approved for closure. In addition to other requirements for temporary “No Parking” signs, “No Parking” signs for temporary road closures shall be posted at one-hundred foot (100’) maximum intervals on each side of the street to be closed, at all intersections, and ends of all cul-de-sac streets.
Implementation of traffic control devices per the approved Traffic Control Plan may not begin each workday before the hours specified on the approved Traffic Control Plan. In addition, construction work must be stopped before the end of the approved work period to allow sufficient time for all traffic control devices to be removed and for other devices and measures to be in place and operational as shown on the approved Traffic Control Plans within the specified time restrictions. The Contractor shall make adjustments to the construction staging and provide any required improvements or additional facilities, including temporary trench steel plate covers, temporary asphalt concrete 06/11/2024 C5 165 of 450
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pavement, barricades and delineators, and temporary signing and striping, which are necessary to make the work site functional and safe at all times. Improvements and facilities necessary to make the work site functional and safe shall be submitted to the Agency’s Traffic engineer for approval as part of the Traffic Control Plan.
Adequate drainage facilities shall be provided to maintain the traveled pavement surface in a condition free from ponding or running water. Water shall not be diverted from existing courses or allowed to pond on private property without the explicit permission, in writing, from the property owner.
Trenches in streets open to traffic shall be provided with temporary pavement surfacing, to maintain a smooth paved travel surface, if the street is not to be provided with permanent pavement surfacing within forty-eight (48) hours after pavement removal. Trench steel plate covers shall not be left in place longer than four (4) consecutive Working Days.
7-10.2.2 Traffic Control Plan (TCP).
7-10.2.2.1 General.
Add the following paragraphs:
The Contractor shall be prepared to discuss the traffic control plan and issues related to traffic control and access at the Pre-Construction Meeting. The Contractor shall submit traffic control plans for approval per Subsection 2-5.3.4 (“Supporting Information.”) at least ten (10) Working Days prior to commencement of work. All phases of the traffic control plans shall be prepared by a California licensed Traffic Control Services Consultant (C31 Contractor’s License – Construction Zone traffic Control Contractor) or a California registered Civil or Traffic Engineer and performed in conformance to the requirements of the latest editions of the California Manual on Uniform Traffic Control Devices (CA MUTCD) for Streets and Highways, Caltrans Standard Specifications and Standard Plans, the Traffic Control Plans included in the latest edition of the San Diego Regional Standard Drawings (SDRSD), and the WATCH Manual (Work Area Traffic Control Handbook). No work shall commence until this plan and each construction phase of the Work that significantly affects existing traffic operations has been reviewed and approved by the Engineer.
The Contractor’s Traffic Control Plan shall list the Working Days and Hours scheduled for each street and each phase of the work, as described in these Specifications.
The relocation and / or installation of traffic and / or parking signs and other directional signage, as required on the Plans, shall conform to the City of Vista Standards, the California Manual on Uniform Traffic Control Devices (CA MUTCD), Caltrans Standard Plans and Standard Specifications, San Diego Regional Standard Drawings (SDRSD), and all current ADA regulations All signs, including those to be relocated or replaced, need to have their new locations approved by the Traffic Engineering Division of the Engineering Department before placement. If not otherwise specified, the work required for Traffic Striping and Signing shall conform to these specifications and those in Section 314.
All signing, including “DETOUR AHEAD” signs and “OPEN DURING CONSTRUCTION” signs shall be proposed by the traffic control plan. The Engineer may direct alteration of the above sign messages and locations.
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All traffic lanes shall have a minimum width of eleven feet (11’) unless otherwise specified. In addition to the lane width specified herein, the Contractor shall maintain a clearance of two feet (2’) feet to curbs, barricades, and other vertical obstructions.
It shall be the Contractor's responsibility to notify the appropriate utility companies listed in these Project Specifications and the other agencies listed below, at least two weeks in advance, when access to the public right-of-way is altered in any way. Notifications by the Contractor shall be in writing, with proof of receipt. Copies of each notification and proof of receipt shall be submitted to the Engineer.
UTILITY COMPANY / AGENCY PHONE NUMBER
City of Vista Fire Department (Business Office) 760-643-2801 San Diego County Sheriff’s Office (Non-emergency) 760-940-4551 EDCO Waste and Recycling Company (Customer Service) 760-727-1600 City of Vista Engineering Inspection (24 hour answering machine)
760-639-6113
City of Vista Building Division 760-639-6105
City of Vista Building Inspection Request Line (24 hour answering machine)
760-639-6106
City of Vista Parks and Community Services 760-639-6151 North County Transit District (Monica Coria) 760-967-2851 Vista “Out and About” transit service 760-639-6161 x 1537 Vista Unified School District (Maintenance, Operations & Grounds)
760-726-2170 x 2831
United States Post Office (Vista, CA branch) 800-275-8777
7-10.2.2.2 Payment.
Add the following paragraph:
Full compensation for (single or multi-phase) Traffic Control Plan and Construction Staging and furnishing Project traffic control, including the cost of all barricades, signs, all variable message signs, tools, equipment, incidentals, flagmen, providing notices, asphalt concrete and aggregate base for temporary resurfacing (and its removal), temporary conflicting traffic stripe application and grinded removal, trench steel plate cover installation and removal, and any other safety measures used for the control of traffic, any temporary rerouting of traffic or maintenance of access to properties during the Project construction period shall be paid for by the lump sum price bid as shown on the BID SCHEDULE and no additional compensation will be allowed.
7-10.4.2 Safety Orders.
7-10.4.2.1 General.
Add the following paragraphs to this subsection:
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In accordance with generally accepted construction practices, the Contractor shall be solely and completely responsible for conditions of the job site, including safety of all persons and property during performance of the Work, and the Contractor shall fully comply with all OSHA, State and Federal laws, rules, regulations and orders relating to safety of the public and workers.
Whenever, in the opinion of the Engineer, an emergency exists against which the Contractor has not taken sufficient precaution for the public safety, protection of utilities and protection of adjacent structures or property which may be damaged by the Contractor’s operations, and when in the opinion of the Engineer, immediate action shall be considered necessary in order to protect the public or property adjacent to the Contractor’s operations under this contract, the Engineer will order the Contractor to provide a remedy for the unsafe condition. If the Contractor fails to act on the situation, the Engineer may provide suitable protection to said interests by causing such work to be done and material to be furnished as may be necessary.
The cost and expense of said labor and material, together with the cost and expense of such repairs as are deemed necessary, shall be borne by the Contractor. All expenses by the Agency for emergency repairs will be deducted from the progress payments and the final payments due to the Contractor. However, if the Agency does not take such remedial measures, the Contractor is not relieved of the full responsibility for public safety.
The acceptance by the Agency of a copy of the State of California Department of Industrial Relations Division of Occupational Safety & Health (CalOSHA) permit to perform excavation or trench work shall in no way be construed to impose tort liability on the Agency or any of its officers or employees by reason of any damage to person, including death or property damage resulting from or arising out of the use of such plan, and the Contractor shall be fully responsible for any such damage and shall indemnify and hold harmless the Agency, its officers and employees from any loss or liability resulting from the use of such plan.
7-10.5 Security and Protective Devices.
7-10.5.3 Steel Plate Covers.
Add to this subsection the Special Provisions listed in Subsection 7-10.5.3 (“Steel Plate Covers.”) in the latest edition of the San Diego Regional Supplement to the Greenbook with the following modifications:
Revise c) of the second paragraph of Subsection 7-10.5.3 (“Steel Plate Covers.”) in the latest edition of the San Diego Regional Supplement to the Greenbook to read as follows:
The surface of all structural steel plate covers used by the Contractor to bridge any excavation in the public right-of-way shall have a non-skid coating (“Skid Guard” or equal) with a minimum coefficient of friction = 0.35 per California Test Method 342 for all traffic steel plate covers within the traveled roadway of streets and alleys, and a minimum coefficient of friction of 0.50 per ASTM C 1028 for those steel plate covers in pedestrian crosswalks or accessible areas. The non-skid coating shall be black.
When required by the Engineer, the Contractor shall certify in writing to the Agency that the steel plate covers to be used in the Work meet the required static coefficient of friction. Also when required by the Engineer, the Contractor shall have the steel plate covers to be used in the Work tested in accordance with the above standards for the verification of the required static coefficient of friction. 06/11/2024 C5 168 of 450
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Testing shall be done by an independent laboratory approved by the Engineer. The Contractor shall pay for any costs associated with the testing of the steel plate covers.
Replace the third paragraph of Subsection 7-10.5.3 (“Steel Plate Covers.”) [Method 1) and Method 2)] in the latest edition of the San Diego Regional Supplement to the Greenbook to read as follows:
Within any improved area (adjacent surface to trench is either asphalt or concrete), trench steel plate covers shall be recessed into the existing paved roadway surface equal to the depth of the plate thickness and to a width and length equal to the dimension of the plate by cold-milling.
Add the following paragraph to the end of Subsection 7-10.5.3 (“Steel Plate Covers.”) in the latest edition of the San Diego Regional Supplement to the Greenbook:
Payment for performing all work necessary to provide Steel Plate Covers shall be included in the various items of work that required the steel plate covers and no additional compensation will be allowed therefore.
7-11 PATENT FEES OR ROYALTIES.
Replace the subsection in its entirety with the following:
The Contractor shall absorb in its Bid all costs arising from the use of patented materials, equipment, devices, or processes used in or incorporated in the Work and agrees to indemnify and hold harmless the Agency and its duly authorized representatives, from all suits of law, or actions of every nature for or on account of the use of any patented materials, equipment, devices or processes.
7-12 ADVERTISING.
Add the following new subsection:
7-12.1 City of Vista Project Information Signs.
7-12.1 City of Vista Project Information Signs. Before the start of any work, the Contractor shall design, supply, install, and maintain 2 aluminum or plywood 4’ x 4’ signs to inform the public about the Project. The signs shall be designed and made by a professional sign company. Sample artwork for each sign is included in the appendices (see list of Appendices in Table of Contents on Page 2).
The Contractor shall submit the sign layout to the Engineer for approval before signs are fabricated.
Information on the sign shall include: City name with seal, Project name and CIP number, limits of Project, month and year when Project shall begin and end, funding source(s), and names of the City Council.
Project Information Signs shall be posted with 4” x 4” wood posts within the parkway adjacent to the street at a location approved by the Engineer and at least seven feet (7’) above the pedestrian 06/11/2024 C5 169 of 450
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travel way. Signs and sign posts shall be located within the public right-of-way and may not hinder or obstruct driver’s line of sight. The text on the sign shall be large and legible from a distance. All signs provided by the Contractor shall be protected by an anti-graffiti coating similar to 3M/1160.. Signs shall be posted at least three (3) Working Days prior to start of construction and remain posted until the final job walk is completed. The signs shall then be removed and property disposed. Contractor shall be responsible for the maintenance of these signs until removed.
Full compensation for the Project Information Signs, including design, construction, anti-graffiti coating, deployment, maintenance, and salvage removal / delivery at project completion to the Agency’s Public Works Yard at 1165 E. Taylor Street, and furnishing of all necessary labor, equipment, materials, and all other related costs shall be considered as included in the Bid price for “Project Information Sign.” Payment for the Project Information Signs shall be paid under the unit price bid for each sign as shown on the BID SCHEDULE at ninety percent (90%) for the completed installation of the signs, ten percent (10%) for the removal and delivery of the signs upon completion of the Work and no additional compensation shall be allowed therefore.
7-12.2 Public Notification.
7-12.2 Public Notification. The Contractor shall prepare typewritten Public Notification fliers in English and Spanish per the BID SCHEDULE. Fliers shall notify residents and businesses of the Work and include information describing the Work, how it may affect them and contact information of Agency and Contractor personnel responsible for the work. The Engineer will provide the contact information for the Agency to be included on the flier at the Pre-Construction Meeting. The Contractor shall submit draft versions of the flier in English and Spanish to the Engineer for review and approval prior to starting the Work. The Contractor shall to provide advance notifications of the Work to residents and businesses adjacent to or affected by the Work by hand delivering “door knob type” fliers distributed at least five (5) Working Days prior to Work.
These notices shall also be distributed at other times during the Work as required to notify affected people in the area of impending work, including, but not limited to, prior to commencing rehabilitation, resurfacing, or reconstruction work on streets that will affect access to traffic or pedestrians.
Based upon the work schedule, the Contractor shall notify residents and businesses of the work and post temporary “No Parking” signs to all residences and businesses located in the work limits and along any detour routes.
The Contractor shall provide additional notification for night work that creates excessive noise, as described in Subsection 7-8.3 (“Noise Control.”) of these Specifications.
Full compensation for the Public Notification shall include all necessary labor, equipment, materials, and all other related costs for preparation, copying, and distribution shall be considered as included in the lump sum price Bid for Public Notification.
Add the following new subsections:
7-15 RESPONSIBILITY FOR DAMAGE.
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7-15 RESPONSIBILITY FOR DAMAGE. In addition to the provisions of Subsection 7-3 (“Liability Insurance.”) of the Standard Specifications as between the Agency and the Contractor, the Contractor shall take and assume all responsibility for the Work as stated herein and/or shown on the Plans.
The Contractor shall bear all losses and damages directly or indirectly resulting to him, to the Agency, the Engineer, their officers, employees, and agents, or to others on account of the performance or character of the work, unforeseen difficulties, accidents or any other causes whatsoever.
The Contractor shall assume the defense of and indemnify and save harmless the Agency, the Engineer, their officers, employees, and agents respectively from all claims, loss, damage, injury and liability of every kind, nature, and description, directly or indirectly arising from the performance of the Contract or work, regardless of responsibility for negligence; and from any and all claims, loss, damage, injury, and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, regardless of responsibility for negligence.
The Agency does not, and shall not; waive any rights against the Contractor which it may have be reason of the aforesaid hold harmless agreements, because of the acceptance by the Agency or deposit with the Agency by Contractor, of any insurance policies required herein or as described in Subsection 7-3. The aforesaid hold harmless agreement by Contractor shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered by reason of any of the aforesaid operations of Contractor, or any Subcontractor, regardless of whether or not such insurance policies are determined to be applicable to any of such damages or claims for damages.
No act by the Agency, Engineer or their representatives in processing or accepting any plans, in releasing any bond, in inspecting or accepting any work, or of any other nature, shall in any respect relieve the Contractor or anyone else, from any legal responsibility, obligation or liability he might otherwise have.
7-16 INDEMNIFICATION.
7-16 INDEMNIFICATION. Contractor shall defend (with counsel of Agency’s choosing), indemnify and hold the Agency, its officials, officers, agents, employees, and representatives free and harmless from any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, to the extent arising out of or incident to any acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Work or this Contract, including claims made by Subcontractors for nonpayment, including without limitation the payment of all consequential damages and other related costs and expenses. Contractor shall defend, at Contractor’s own cost, expense and risk, with counsel of Agency’s choosing, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against Agency, its officials, officers, agents, employees and representatives. To the extent of its liability, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against Agency, its officials, officers, employees, agents, employees and representatives, in any such suit, action or other legal proceeding. Contractor shall reimburse Agency, its officials, officers, agents, employees and representatives for any and all costs incurred by each of them in connection therewith or in enforcing 06/11/2024 C5 171 of 450
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the indemnity herein provided. The only limitations on this provision shall be those imposed by Civil Code Section 2782.
7-17 EMERGENCY PHONE NUMBERS.
7-17 EMERGENCY PHONE NUMBERS. The Contractor shall provide the Engineer an emergency contact name and telephone number prior to the start of the Work that may be used to contact the Contractor in the event of an emergency for the duration of the Contract. Contractor shall also keep a list of emergency telephone numbers on the job site. In the case that more than ten (10) employees are on the job site at any time, said list shall be posted on a bulletin board, to be supplied and installed on the job site by the Contractor in a location visible and accessible to all employees.
The following emergency telephone numbers are listed for the convenience of the Contractor to assist in complying with these requirements:
AGENCY PHONE NUMBER
City of Vista Fire Department (Rancho Dispatch) 858-756-3006 City of Vista Fire Department (Emergency) 911 or 858-756-1126 San Diego County Sheriff’s Office (Emergency) 911
Tri-City Medical Center, 4002 Vista Way, Oceanside, CA 92056 911 or 800-579-8262 San Diego Gas and Electric 800-611-7343
7-18 DOCUMENT RETENTION & EXAMINATION.
7-18 DOCUMENT RETENTION & EXAMINATION. In accordance with Government Code Section 8546.7, records of both the Agency and the Contractor shall be subject to examination and audit by the State Auditor General for a period of three (3) years after final payment. Contractor shall make available to the Agency any of the Contractor’s other documents related to the Project immediately upon request of the Agency.
In addition to the State Auditor rights above, the Agency shall have the right to examine and audit all books, estimates, records, contracts, documents, bid documents, subcontracts, and other data of the Contractor (including computations and projections) related to negotiating, pricing, or performing the modification in order to evaluate the accuracy and completeness of the cost or pricing data at no additional cost to the Agency, for a period of four (4) years after final payment.
7-19 STATE LICENSE BOARD NOTICE.
7-19 STATE LICENSE BOARD NOTICE. Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions 06/11/2024 C5 172 of 450
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concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826.
SECTION 9 – MEASUREMENT AND PAYMENT
9-3 PAYMENT.
9-3.1 General.
Add the following paragraph:
Except as may otherwise be provided in specific instances, nothing in the Contract shall be construed as vesting in the Contractor any property, any material, article or structure existing at the time of the award of Contract within the area in which the Work is to be done or in any material, article or structure subsequently furnished for the Work by the Agency, or in any material, article, structure or Work furnished or performed by the Contractor after having been accounted for on an approved estimate supporting the Contractor's demand for payment as provided in Subsection 9-3 (“Payment.”) of the Greenbook. In the latter event any such material, article, structure or Work shall become the property of the Agency after being so accounted for.
9-3.2 PARTIAL AND FINAL PAYMENT.
Replace the fifth paragraph of this subsection:
Pursuant to Section 22300 of the California Public Contract Code, the Contractor may substitute securities for any money held by the Agency to ensure performance of the Contract. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the Agency, or with a state or federally chartered bank as an escrow agent, who shall return such securities to the Contractor upon satisfactory completion of the Contract. Deposit of securities with an escrow agent shall be subject to written Contract in accordance with the provisions of Section 22300 of the California Public Contract Code. For purposes of the escrow agreement, the Agency shall not certify that the Contract has been completed until at least forty five (45) calendar days after filing by the Agency of a Notice of Completion. Securities eligible for investment under this Section shall be limited to those listed in Section 16430 of the California Government Code, bank or savings and loan certificates of deposit, interest bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed upon by the Contractor and the Agency.
Add the following paragraphs to this subsection:
Requests for partial payments shall be submitted in a form satisfactory to the Agency. At a minimum, the form shall include all bid items, itemized breakdowns of lump sum bid items from the schedule of values (provided by Contractor), unit or lump sum prices bid, the quantities of each bid item for the current and past invoices, the dollar amount of each bid item, a total amount, and the name, address and phone number of the Contractor.
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The Contractor shall meet with the Engineer to field measure quantities, and if an agreement is NOT reached, the disputed quantities shall be documented at that time. The Contractor shall not include in his invoice any quantities that have not been approved by the Engineer. The Engineer will not be required to pay for any disputed quantities of work until an agreement is reached with respect to the actual quantity in place. The Engineer may make payments for disputed quantities of work based on his own estimate, until such time that an agreement is reached.
The Agency will make partial payments in accordance with Section 20104.50 of the Public Contract Code, and these specifications. The Agency will pay progress payments within thirty (30) calendar days of receipt of an undisputed, complete and properly prepared payment request from the Contractor, or pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure.
Any payment request determined not to be a proper payment request suitable for payment shall be returned to the Contractor as soon as practicable, but not later than seven (7) calendar days, after receipt.
As part of the monthly request for partial payment, the Contractor shall submit:
1] A list of all subcontractors who worked on the project, along with their PWC Registration Number, so the Agency can ensure that all contractors and subcontractors are registered as required by Labor Code Section 1771.1;
2] Conditional and unconditional lien releases for the Contractor and all subcontractors; 3] An updated construction schedule (showing actual progress of the Work); 4] The Record Drawings (updated to indicate all changes made up to the end of the billing period). 5] Certified payroll records to the Labor Commissioner’s Office;
Monthly progress payments are conditioned upon the Agency having received from the Contractor the monthly schedule update and other specified documents.
Contractor shall provide to City, as a condition precedent to the payment of Contractor’s final retention, a complete list of all subcontractors who have worked on the Project, including their PWC Registration Numbers. This list must be provided at least 30 days prior to the payment of the final retention and shall be submitted under penalty of perjury.
The Agency is required by State Law to withhold final payment to the Contractor until at least 30 days after PWC-100 information has been submitted to the DIR, including the list of subcontractors who worked on the Project.
Add the following paragraphs to this subsection:
A prime contractor or subcontractor shall pay any subcontractor not later than ten (10) Working Days of receipt of each progress payment for satisfactory performance in accordance with the provision in Section 7108.5 of the California Business Code concerning prompt payment to subcontractors. The ten (10) Working Days is applicable unless a longer period is agreed to in writing.
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cause and with the Agency’s prior written approval. Any violation of Section 7108.5 shall subject the violating contractor or subcontractor to the penalties, sanction, and other remedies of that section.
The Agency will hold retainage from the prime contractor and will make prompt and regular incremental acceptances of portions, as determined by the Agency of the Contract work, and pay retainage to the prime contractor based on these acceptances. The prime contractor, or subcontractor, shall return all monies withheld in retention from a subcontractor within seven (7) calendar days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the Contract work by the Agency.
For Federally funded projects, Federal Law (49CFR26.29) requires that any delay or postponement or payment over thirty (30) calendar days of receipt of each payment may take place only for good cause and with the Agency’s prior written approval. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the prime contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, and/or noncompliance by a subcontractor. This provision applies to both DBE and non-DBE prime contractors and subcontractors.
For Federally funded projects, Federal law (49CFR26.29) requires that the prime contractor, or subcontractor, shall return all monies withheld in retention from all subcontractors within thirty (30) calendar days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the Contract work by the Agency. Any delay or postponement of payment may take place only for good cause and with the Agency’s prior written approval. Any violation of these provisions shall subject the violating prime contractor or subcontractor to the penalties, sanctions and other remedies specified in Section 7108.5 of the California Business and Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the prime contractor or subcontractor in the event of: a dispute involving late payment or nonpayment by the prime contractor; deficient subcontract performance; and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE prime contractors and subcontractors.
9-3.3 Delivered Materials.
Add the following paragraph to this subsection:
Progress payments may include payment for specialty materials that will remain permanent features of the Work, not incorporated in the Work, but delivered and suitably stored at the site or at another location, insured and bonded by the Contractor and agreed to, in writing, by the Engineer.
Payment for stored materials will be based on a cost breakdown, acceptable to the Engineer, indicating the value and installation costs of such materials, provided each individual item has a value of more than five-thousand dollars ($5,000). The Agency will pay a maximum of seventy-five percent (75%) of the value of the material, until such time as the material is permanently installed in the Work. The Contractor shall submit a bill of sale, invoice, or other documentation warranting that the Contractor has received the materials free and clear of liens, charges, security interests, and encumbrances, and evidence that the materials and equipment are covered by appropriate property insurance.
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9-3.4 Mobilization.
Delete this subsection in its entirety and replace with the following:
9-3.4 Mobilization and Demobilization. Mobilization and Demobilization shall consist of preparatory work and operations, including, but is not limited to those necessary for the move-on and move-off operations such as:
1] Supplying, maintaining, and finally removing temporary facilities; including portable field office, sanitary facilities, electric power, water, telephone and other utilities, enclosures for storage of construction equipment, products / materials and incidentals;
2] Furnishing all insurance, bonds, licenses, materials, tools, equipment and incidentals involved in mobilization and preparatory work and operations, including, but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidental to the project; for all other facilities, sureties, work and operations which must be performed or costs incurred prior to beginning work or various contractor items on or off the project site;
3] Making arrangements for construction personnel vehicle parking;
4] Application and acquiring permits from other agencies as required for the Project;
5] For other items not directly related to the bid items.
Payment for Mobilization and Demobilization shall be paid by the lump sum price bid as shown on the BID SCHEDULE. If the Mobilization and Demobilization bid item states a maximum percentage of total base bid on the BID SCHEDULE, the Agency reserves the right to conform the bid item price to the maximum stated percentage. When the Agency has to conform the bid item price to the maximum stated percentage, such action does not constitute a reason for the Contractor to withdraw their bid.
If no separate item is shown in the bid for mobilization and demobilization, then the Contractor shall include all costs in the various items of work.
Placement of facilities and storage of construction equipment and materials shall be approved in advance by the Engineer. All such facilities and equipment shall remain the property of the Contractor.
The Contractor shall be held responsible for all damage caused during mobilization and demobilization. The Contractor shall leave all storage areas in a neat clean condition, satisfactory to the Engineer and in accordance with the provisions of storage permits set by the property owner.
When a separate bid item is included in the BID SCHEDULE, payments for mobilization and demobilization will be made in accordance to the following schedule:
a] When the approved monthly partial payment estimate of the amount earned, not including the amount earned for mobilization and demobilization, is ten percent (10%) or more of the original Contract amount, twenty-five percent (25%) of the Contract item price for mobilization and demobilization will be included in the estimate for payment.
b] When the approved monthly partial payment estimate of the amount earned, not including the amount earned for mobilization and demobilization, is twenty- five percent (25%) or more of 06/11/2024 C5 176 of 450
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the original Contract amount, the total amount earned for mobilization and demobilization shall be fifty percent (50%) of the Contract item price for mobilization and demobilization will be included in the estimate for payment.
c] When the approved monthly partial payment estimate of the amount earned, not including the amount earned for mobilization and demobilization, is fifty percent (50%) or more of the original Contract amount, the total amount earned for mobilization and demobilization shall be seventy-five percent (75%) of the Contract item price for mobilization and demobilization will be included in the estimate for payment.
d] When the approved monthly partial payment estimate of the amount earned, not including the amount earned for mobilization and demobilization, is seventy-five percent (75%) or more of the original Contract amount, the total amount earned for mobilization and demobilization shall be ninety-five percent (95%) of the Contract item price for mobilization and demobilization will be included in the estimate for payment.
e] After final acceptance of the Project, the remaining unpaid amount, of the Contract item price for mobilization will be included for payment in the final progress payment.
9-4 BID ITEMS.
Add the following new subsection:
9-4 BID ITEMS. Payment for the work included in each Bid Item shall be made at the actual quantity constructed, using the units listed in the BID SCHEDULE and the Unit Prices included in the BID. All other work shown or mentioned on the Plans, in the Specifications, or in any one of the Contract Documents shall be considered as included in the related Bid Items shown in the BID SCHEDULE. The Contractor must complete all work that is shown or described in the Contract Documents, whether or not there is a specific Bid Item for that work, and no additional compensation will be allowed.
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SUPPLEMENTARY TECHNICAL PROVISIONS
BOBOLINK STORM DRAIN PROJECT – PHASE 2 (C.I.P. Nos. 8913, 8197)
This section makes additions, deletions, or revisions to PART 2 – CONSTRUCTION MATERIALS, PART 3 – CONSTRUCTION METHODS, PART 4 – ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL, AND PART 5 – SYSTEM REHABILITATION of the 2012 Standard Specifications for Public Works Construction (“Greenbook”). As a convenience, these additions and amendments have been arranged in a format that parallels the Greenbook. All sections and subsections which are not changed remain in full force and effect. Additional Special Provision sections and subsections may be included in these supplements which may be written in a format different from that of the Standard Specifications. These additional Special Provision sections and subsections are intended to complement the Standard Specifications.
PART 2 - CONSTRUCTION MATERIALS
SECTION 200 – ROCK PRODUCTS
200-1 ROCK PRODUCTS.
200-1.1 General.
Add the following paragraph to this subsection:
In accordance with the provisions of Section 20676 of the State of California Public Contract Code, it shall be mandatory upon the Contractor to whom the Contract is awarded, and upon all subcontractors and suppliers under him, to obtain all construction aggregate, sand, gravel, crushed stone, road base, fill materials, and any other mineral materials, including those used in other construction materials such as asphalt concrete and Portland Cement concrete, from a supplier that is included on the most current Office of Mine Reclamation AB 3098 List (per California Assembly Bill 3098). Failure to identify the supplier and the mine may result in rejection of the submittal, and any work completed using materials from an unlisted mine will be SUBJECT TO REJECTION.
200-2 UNTREATED BASE MATERIALS.
200-2.1 General.
Add the following paragraph to this subsection:
Aggregate base shall be Class 2 per Subsection 26-1.02A, “Class 2 Aggregate Base” of the Caltrans Standard Specifications, and associated AGGREGATE GRADING REQUIREMENTS and QUALITY REQUIREMENTS tables or Crushed Aggregate Base per Subsection 200-2.2 (“Crushed Aggregate Base.”) and as shown in the gradation in TABLE 200-2.2.2 of Subsection 200-2.2.2 (“Grading.”) of the Greenbook.
Aggregate may include up to one hundred percent (100%) material processed from reclaimed asphalt concrete, Portland Cement concrete, lean concrete base, cement treated base or a 06/11/2024 C5 178 of 450
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combination of any of these materials. It should be noted, this does not change the specification requirements for material or placement quality. It is still the Contractor’s responsibility to verify that any blend of reclaimed paving materials with or without virgin materials shall meet all the specification requirements.
SECTION 201 – CONCRETE, MORTAR, AND RELATED MATERIALS
201-1 PORTLAND CEMENT CONCRETE.
201-1.1.1 General.
Add the following paragraph to this subsection after the first paragraph:
Contractor shall furnish the Engineer a copy of the mix design to be used and with legible certified weight-master’s certificate for each load of PCC delivered to the Work. Portland Cement concrete delivered to the project site having a water content and/or slump greater than that specified in the mix design shall be rejected and removed from the Work site.
201-1.1.2 Concrete Specified by Class and Alternate Class.
Revise the third paragraph of the subsection to read as follows:
The concrete class, alternate class, and maximum slump for various types of construction shall be as specified in Table 201-1.2.2(A) except for the concrete class specified for Street Surface Improvements and Storm Drainage Facilities. Street Surface Improvements shall have a concrete class of 560-C-3250. Storm Drainage Facilities shall have a concrete class with a compressive strength of 5,000 PSI.
201-1.2.4 Chemical Admixtures.
Revise paragraph (b) of this subsection to read as follows:
(b) Accelerating Admixtures. Calcium Chloride shall not be used as an admixture. Other accelerating admixtures shall conform to ASTM C 494, accelerating (Type C), or water-reducing and accelerating (Type E) admixtures, shall be approved by the Engineer prior to use.
201-1.4.4 Hand Mixing.
Replace the first sentence with the following:
201-1.4.4 Hand Mixing. Hand mixing concrete shall not be allowed except by prior permission from the Engineer and, if permitted, only when the amount of concrete required is less than one cubic yard (1 yd.3). Prepackaged unmixed concrete shall not be allowed except by prior permission from the Engineer.
201-2 REINFORCEMENT FOR CONCRETE.
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201-2.2 Steel Reinforcement.
201-2.2.1 Reinforcing Steel.
Replace the first sentence with the following:
201-2.2.1 Reinforcing Steel. Unless otherwise specified, reinforcing steel, except longitudinal steel, shall be Grade 60 billet steel conforming to ASTM A615.
201-3 EXPANSION JOINT FILLER AND JOINT SEALANTS.
201-3.1 General.
Replace the second paragraph of this subsection with the following:
All expansion joints shall be formed with joint filler and sealed with Type “A” two-part polyurethane sealant per Subsection 201-3.4 (“Type “A” Sealant (Two-Part Polyurethane Sealant”). The filler shall be placed in the correct position before concrete is placed against it. Holes or joints in the joint filler shall be filled with joint sealant to prevent the passage of mortar or concrete from one side of the joint to the other.
SECTION 203 – BITUMINOUS MATERIALS
203-6 ASPHALT CONCRETE.
203-6.1 General.
Add the following paragraphs to this subsection:
The grading of the combined aggregates and the percentages of asphalt binder shall be as follows:
Class and Grade
Three-quarter inch (3/4”) Base Course B-PG 64-10 RAP
One-half inch (1/2”) Surface Course C2-PG 64-10 RAP
One-half inch (1/2”) AC Dike D2-AR-8000 RAP
Type III asphalt concrete, which includes Alternate Rock Products-Type S from Section 400, as mentioned in Subsection 203-10.2.4 (“Composition and Grading.”) IS NOT ACCEPTABLE.
A minimum of five (5) Working Days prior to the paving operation, the Contractor shall submit to the Engineer the pavement supplier’s certification of gradation and oil content of the asphalt concrete to be used for this Contract.
SECTION 207 – PIPE
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207-2 REINFORCED CONCRETE PIPE (RCP).
207-2.9 Basis for Acceptance.
207-2.9.1 General.
Replace this subsection with the following:
207-9.1 General. The basis for acceptance shall be by the D-load bearing strength test, compliance with these specifications, inspections of the pipe manufacture and inspection of the completed pipe.
Add this new subsection:
207-27 UNDERGROUND UTILITY MARKING TAPE.
207-27.1 Detectable Underground Utility Marking Tape.
207-27.1 Detectable Underground Utility Marking Tape. Detectable Underground Utility Marking Tape shall have a minimum 0.005” overall thickness, with no less than a 35 gauge (AWG) aluminum foil core. The foil must be visible from both sides. The layers shall be laminated together with the extrusion lamination process, not adhesives. No inks or printing shall extend to the edges of the tape.
All printing shall be encased to avoid ink rub-off. Detectable Underground Utility Marking Tape shall conform to the properties listed in TABLES 207-27.1 (A) and 207-27.1 (B) below.
TABLE 207-27.1 (A)
DETECTABLE UNDERGROUND UTILITY MARKING TAPE PROPERTIES
PROPERTY METHOD VALUE
Thickness ASTM D2103 0.0056”
Tensile strength ASTM D882 25 lbs/inch (5,500 psi)
Elongation ASTM D882-88 50 dynes/cm2
Flexibility ASTM D671-81 Pliable hand
Inks Manufacturing specifications Heat-set Mylex
Message repeat Manufacturing specifications Every 20”
Foil Manufacturing specifications Dead soft/annealed
Top layer Manufacturing specifications Virgin PET
Bottom layer Manufacturing specifications Virgin LDPE
Adhesives Manufacturing specifications >30%, solid 1.5#/R Bond strength Boiling H2O at 100 degrees Celsius Five (5) hours without peel Colors APWA Code See Table 207-25.1 (B) below
TABLE 207-27.1 (B)
DETECTABLE UNDERGROUND UTILITY MARKING TAPE COLORS
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COLOR UTILITY MARKED
Red Electric power, distribution, transmission, and municipal electric systems.
Yellow Gas and oil distribution and transmission, dangerous materials, product and steam.
Orange Telephone and telegraph systems, police and fire communications, and cable television.
Blue Water systems.
Green Sanitary and storm sewer systems, nonpotable.
207-27.2 Material Approvals.
207-27.2 Material Approvals. Detectable Underground Utility Marking Tape shall meet the requirements of each of the following agency / association publications:
(1) Department of Transportation, Materials Transportation Bureau, Office of Pipeline Safety.
USAS code for pressure piping B31.8, paragraph 192.321(e).
(2) National Transportation Safety Board, Washington, DC, Special Study Prevention of Damage to Pipelines. Adopted June 7, 1974. Report NTSB-PSS-73-1.
(3) American Petroleum Institute (API). Recommended practice for marking buried liquid petroleum pipelines - APR RP 1109.
(4) General Services Administration, Washington, DC, Public Buildings Service Guide Specification for Mechanical and Electrical Equipment - PBS 4-1501, Amendment 2, Page 501-14, Paragraph 18, Subparagraph 18.1, Clause 18.1.1.
(5) Rural Electrification Authority (REA), U.S. Department of Agriculture, Washington, DC, National Electrical Safety Code for Underground Construction for remote and immediate hazards.
SECTION 213 – ENGINEERING FABRICS
213-2 GEOSYNTHETICS.
213-2.1 General.
Revise this subsection to read as follows:
213-2.1 General. Geosynthetic material used for reinforcing the subgrade or aggregate base, if necessary as determined by the Engineer, shall be Geogrid BX1100.
PART 3 - CONSTRUCTION METHODS
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SECTION 300 – EARTHWORK
300-1 CLEARING AND GRUBBING.
300-1.1 General.
Add the following paragraphs to this subsection:
Clearing and Grubbing shall include the protection of all items to remain, sawcutting, cold milling AC pavement, demolition of existing improvements, salvaging existing materials (topsoil) and improvements as specified or shown on the Plans, removal of deleterious materials, and proper disposal from the Project site of all existing surface and subsurface materials as required to construct the improvement as shown on the Plans and as described in the Specifications. Typical items to be removed include, but are not limited to, trash, fences, posts, poles, gates, street signs, AC dikes, AC paving, striping (by grinding), decorative concrete, concrete driveway entrance, concrete sidewalk, concrete curb and gutter, concrete headwall structures, retaining walls, landscape border logs, decorative walls, concrete pavers, reinforcing steel, rock, boulders and cobbles, trees, stumps and roots, shrubs, other vegetation or organic materials, soil, irrigation systems, spoils, debris, sewer pipe, storm drain pipe, storm drain inlets and grates, electrical conduits and pullboxes, wire, utility cabinets or boxes, drinking fountains, guardrails, delineators, pavement markers, and all other objectionable materials which interfere with the Work whether or not specifically indicated on the Plans or otherwise shown to be protected or relocated. Abandoned utility lines and structures not removed with Engineer’s approval shall be filled with blown sand and conduits plugged. Concrete and bituminous pavement shall be removed to neatly sawed edges. Sawcuts shall be to a minimum depth of three inches (3”).
Clearing and grubbing shall also include the relocation, adjusting or salvaging of all facilities so indicated on the Plans which are not designated as separate bid items or which are not included in other bid items.
If there are decorative items on private lots, including decorative concrete pavers, decorative wall blocks, rocks used for landscape decoration, boulders, and custom signs, and the Contractor would prefer to salvage items for the property owners, the items shall be removed carefully and placed at a location near the disturbed area on the private property, with the property owner’s approval.
The Contractor shall remove existing irrigation systems (including both water supply and water distribution lines, electrical supply, and electrical control elements of the system) that are within the Project limits and place these materials on the property owner’s property. Contractor shall cap ends of cut lines and wires, and mark locations with lath so that property owner can locate them later.
Miscellaneous fencing materials may be encountered during Work. The terminal post of each fence removed shall be reinforced by bracing or other appropriate means to maintain the structural integrity of the portion of fence to remain. Relocation and reconnection of existing fences as shown on the Plans shall include all posts, hardware, and all incidentals necessary to complete the Work.
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Terminations for all fire hydrants, WARF type services and associated piping to be removed and salvaged shall be in accordance with the Vista Irrigation District (VID) standards. The minimum requirements shall include removal of piping back to the mainline, closing the valve, and installation of a blind flange and thrust block.
All existing sewer or water facilities to be abandoned within the proposed Project limits shall be terminated at the mainline in accordance with district requirements. This shall include removal of the sewer and water service back to the main. The sewer lateral shall be capped with a fitting and sealed with concrete at the wye connection. The water service shall be terminated at the corporation stop and the stop closed.
During surface clearing operations, the Contractor shall not cover or bury any plant growth or other objectionable materials on public or private property. If the Contractor cannot successfully separate the plant growth from the surface soil and advertently or inadvertently mixes organic or other objectionable materials with the soil, the soil so contaminated shall be removed from the site by the Contractor. All costs, if any, associated with removing the soil mixed with organic or other objectionable materials and importing soil to replace said contaminated soil shall be borne by the Contractor and no additional payment shall be made to the Contractor.
During grading operations, the Contractor shall provide temporary graded driveways and continuing maintenance thereof to provide safe, smooth, stable and continuous access to all residences and businesses within the Project area. All costs, if any, associated with such grading operations shall be borne by the Contractor and no additional payment shall be made to the Contractor.
Unless otherwise noted on Plans, the Contractor shall protect all existing sewer, water, electric, telephone, communication, television, fire lines, street lights, traffic signal, red light cameras, irrigation, and other utilities, services and systems, whether shown on the Plans or not. The Contractor shall maintain all services in working condition during the course of the Work. The Contractor shall remove all existing abandoned pipelines and conduits of any type or use, and pipelines and conduits of any type or use that are abandoned during the course of the Work and shall replace said pipelines and conduits with properly compacted soils. The Contractor shall immediately restore to full operation any utilities, services or systems that are disturbed during the course of the Work.
300-1.3.2 Requirements.
Revise paragraph a) to read as follows:
a) Bituminous Pavement. Bituminous pavement shall be removed to clean, straight lines.
Sawcutting of edges to be joined is required, unless the entire pavement section is removed by cold milling. Where only the surface of existing bituminous pavement is to be removed, the method of removal shall be cold milling or other method approved by the Engineer, and a minimum laying depth of one and one-half inches (1-1/2”) of new pavement material shall be provided at the edge of new pavement. Where new bituminous pavement adjoins existing pavement, either at a trench or a section where pavement has been removed or is being widened, the edges where new pavement meets existing pavement shall be trimmed to neat straight lines and cold milled a minimum of one and one-half inches (1-1/2”) deep for a minimum of six inches (6”) wide from the 06/11/2024 C5 184 of 450
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edge before paving or resurfacing, to ensure that all surfaces being paved or resurfaced are accessible to the rollers used to compact the subgrade or paving materials, and to provide an overlay key at the join line.
Revise the first two sentences of paragraph b) to read as follows:
b) Concrete Pavement. Concrete pavement shall be removed to neatly sawed edges. Sawcuts shall be made to a minimum depth of three inches (3”).
Revise the first sentence of paragraph c) to read as follows:
c) Concrete Curb, Walk, Gutters, Driveways, and Alley Intersections. Concrete shall be removed to neatly sawed edges with saw cuts made to a minimum depth of three inches (3”).
Revise the last sentence of paragraph c) to read as follows:
Curb and gutter shall be sawed to a minimum depth of three inches (3”), or otherwise as required to prevent damage to the adjacent concrete to remain, on a neat line at right angles to the curb face.
300-1.4 Payment.
Revise this subsection to read as follows:
300-1.4 Payment. The BID SCHEDULE DOES NOT include a bid item for Clearing and Grubbing.
Full compensation for any necessary Clearing and Grubbing required to perform the construction operations specified or shown on the Plans will be considered as included in the price bid for the related items of work, and no additional compensation will be allowed therefore. Payment for removal and disposal of abandoned utilities shall be included in the various items of work and no additional compensation will be allowed therefore.
300-2 UNCLASSIFIED EXCAVATION.
300-2.1 General.
Revise this subsection to read as follows:
300-2.1 General. Unclassified excavation shall consist of all excavation, including roadway excavation, removal and stockpiling of suitable material, mixing and moisture conditioning of dry material, mixing and drying of wet material by various methods, disposal of unsuitable materials (including cobbles, rocks and boulders), salvage and stockpile of existing topsoil for use on the Project, and all other required earthwork operations to bring all areas that are within the grading and excavation limits on both public and private property to the required subgrade elevations and cross sections as shown on the Plans and as required in the Project’s geotechnical investigation. Suitable excavated material may be used onsite to make all fills shown on the Plans. Unclassified excavation 06/11/2024 C5 185 of 450
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shall also include pumping and disposal of storm water and groundwater. Any tree roots or other deleterious material uncovered during excavation shall be completely removed and cut back so that new improvements will not be affected by future root growth.
In the event weather conditions make drying by aeration or other processes impractical as determined by the engineer, he may suspend the Work. However, the Contractor shall continuously provide for traffic and access requirements during the suspension period in conformance with these Technical Provisions. The Work shall be suspended as provided for in Section 6 (“PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK.”) of the Standard Specifications except the suspension shall not be deemed to be suspension by the Agency for its own convenience or benefit.
Stockpiling of material and storage of equipment or supplies associated with excavation and/or soil aeration activities within existing or proposed wetland, willow woodland or riparian areas is strictly prohibited.
For the Bobolink Storm Drain Project – Phase 2 (CIP Nos. 8913, 8197), the excavation, placement, conditioning, and compaction of material shall be in accordance with the Plans, Specifications, the City of Vista Development Code (Chapter 17 Section 17.56); and a geotechnical investigation prepared by Vinje & Middleton Engineering, Inc. titled, “Geotechnical Investigation, proposed storm drain improvement project, Bobolink Drive, W. East Drive, North Drive & Ricebird Drive, Vista, California (CIP 8197)” dated August 27, 2012. The geotechnical investigation is on file in the City Engineer’s Office and located in the Appendix.
300-2.2 Unsuitable Material.
300-2.2.1 General.
Revise this subsection to read as follows:
300-2.2.1 General. All excess material generated by the grading operations that is not suitable for backfill shall be excavated and disposed of by the Contractor at a legal disposal site. The Agency makes no claim on the suitability or moisture content of the existing materials. Any suitable local borrow materials at the site that the Contractor wishes to re-use shall be stockpiled by the Contractor.
The location of stockpiles shall be approved by the Engineer prior to placement of materials, and all stockpiles shall be protected by erosion control measures.
All subgrade areas to receive fills or structures shall be inspected by the Geotechnical Engineer.
All alluvial and colluvial soils, loose or poorly compacted soils, or existing dry material must be reworked before the placement of base or concrete can proceed. Areas where soils are loose or poorly compacted shall be reworked by excavating, blending and recompacting the loose soils to the specified compaction. The existing loose soils to be reworked shall be removed by the Contractor until a firm unyielding surface is exposed or to a depth determined by the Engineer. Dry materials shall be scarified and moisture conditioned to achieve the specified compaction. With the approval of the Geotechnical Engineer, the Contractor may choose to stabilize poorly-compacted areas with geogrid at his own expense.
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which is outside the Public Right-of-Way and suitable to the Agency. The location of stockpiles shall be approved by the Engineer prior to placement of materials, and all stockpiles shall be protected by storm water pollution prevention and erosion control measures. The stockpiles shall be removed regularly from the Project site so as not to interfere with access to the Project.
If the excavated material is unsatisfactory as excavated for other uses in the Project, as determined by the Engineer, the Contractor shall remove and dispose of such excavated material off the site. The Contractor shall be responsible for obtaining a suitable legal disposal site for any unsuitable excavated materials in accordance with the appropriate section in the Standard Specifications.
300-2.2.2 Wet Material.
Revise this subsection to read as follows:
300-2.2.2 Wet Material. If required excavated material is unsatisfactory for the specified use on the Project solely because the material has a moisture content of four percent (4%) or more above the optimum moisture content, the Contractor shall process the material to reduce the moisture content to an optimum condition, or remove the material and replace it with suitable material. The material may be processed by blending the wet soil with soils having a lower moisture content and / or spreading the excavated material in a manner that enables the material to dry to optimum moisture content. With the approval of the Geotechnical Engineer, the Contractor may choose to stabilize unstable subgrade areas with geogrid at his own expense.
300-2.7 Selected Material.
Revise this subsection to read as follows:
300-2.7 Selected Material. Selected material encountered in excavation within the right-of-way shall be used as directed by the Engineer. Topsoil excavated within the limits of the Project may be considered as a selected material only for the purpose of backfilling areas to be planted.
300-2.8 Measurement.
Add the following paragraph to this subsection:
The Plans and the Specifications show work to be done which requires earthwork, both cut and fill, to establish the lines and grades shown on the Plans. The Agency has endeavored to establish reasonable accurate earthwork quantities of the work actually involved and these quantities represent the results of actual survey measurements and data and calculated adjustments for changes proposed on the Plans, however, due to the approximate nature of such data and therefore the difficulty of making accurate measurements of earthwork quantities for this type of project, the estimated quantities for grading will be assumed to be the actual quantity. The Contractor shall review the site and make his own estimate of the Work required to complete the Project. No modifications 06/11/2024 C5 187 of 450
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shall be made to the quantity shown on the Plans and in the Specifications, unless additional quantities of grading are ordered by the Engineer.
300-2.9 Payment.
Revise this subsection to read as follows:
300-2.9 Payment. The BID SCHEDULE for this Project DOES NOT include a bid item for Unclassified Excavation. Full compensation for all necessary Unclassified Excavation required to perform the construction operations specified or shown on the Plans will be considered as included in the related items of work and no additional compensation will be allowed therefore.
The excavation, stockpiling, and placement of topsoil and suitable local borrow material will be included in Unclassified Excavation. Removing such material from the stockpile and placing it in its final position is also included in Unclassified Excavation. The Contractor may stockpile suitable local borrow material or import suitable borrow material; however, no separate payment will be made for excavating material from an optional stockpile or importing suitable borrow material and placing the material in its final position.
The removal and disposal of unsuitable material, and the over-excavating and reworking of material that can be made suitable, including groundwater removal by various drying procedures or other remedial geotechnical (soil) treatment shall be included in Unclassified Excavation and no additional compensation will be allowed.
The over-excavation and processing or removal and disposal of wet materials shall be included in Unclassified Excavation and no additional compensation will be allowed.
No separate payment will be made for excavating topsoil temporarily stockpiled and placing in its final location on the slope and other areas to be planted for erosion control planting or landscaping, whether or not required by the Contract Documents or by the Engineer.
300-3 STRUCTURE EXCAVATION AND BACKFILL.
300-3.1 General.
Add the following paragraphs to this subsection:
In accordance with the provisions of Section 20676 of the State of California Public Contract Code, it shall be mandatory upon the Contractor to whom the Contract is awarded, and upon all subcontractors and suppliers under him, to obtain all construction aggregate, sand, gravel, crushed stone, road base, fill materials, and any other mineral materials used for Structure Backfill, from a supplier that is included on the most current Office of Mine Reclamation AB 3098 List (per California Assembly Bill 3098). Failure to identify the supplier and the mine may result in rejection of the submittal, and any work completed using materials from an unlisted mine will be SUBJECT TO REJECTION.
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For the Bobolink Storm Drain Project – Phase 2 (CIP Nos. 8913, 8197), the excavation, placement, conditioning, and compaction of material shall be in accordance with the Plans, Specifications, the City of Vista Development Code (Chapter 17 Section 17.56); and a geotechnical investigation prepared by Vinje & Middleton Engineering, Inc. titled, “Geotechnical Investigation, proposed storm drain improvement project, Bobolink Drive, W. East Drive, North Drive & Ricebird Drive, Vista, California (CIP 8197)” dated August 27, 2012. The geotechnical investigation is on file in the City Engineer’s Office and is located in the Appendix.
The Contractor shall excavate to the lines and grades required, whether or not specifically shown on the Plans. The Contractor shall provide and remove all shoring, sheeting, bracing, cribbing, pumping, lagging, piling, tiebacks, soil anchors, shields, temporary retaining structures, planking, or other types of support for the walls of all open excavations required. The Contractor shall excavate and maintain the bottom of all trenches and excavations in a condition that is level, firm, clean and free from all debris or foreign matter. Excavations shall be kept free from water at all times. The Contractor shall remove any unsuitable material encountered below grade as directed by the Engineer.
On the Bobolink Storm Drain Project – Phase 2 (CIP Nos. 8913, 8197), all backfill will consist of 2-sack concrete slurry up to the street structural section.
300-3.6 Payment.
Add the following paragraphs to this subsection:
Compensation for dewatering shall be considered as included in the lump sum price bid paid for under Dewatering Measures in the BID SCHEDULE and no additional compensation will be allowed therefore. Full compensation for any necessary work related to Unsuitable Materials required to perform the construction operations specified or shown on the Plans will be considered as included in the price bid for the related items of work, and no additional compensation will be allowed therefore.
Full compensation for supporting the excavation for structures shall include furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in providing excavation safety, shoring or sloping of excavations including, but not limited to, design of the shoring system; obtaining all necessary permits from the Division of Occupational Safety and Health; constructing shoring; and removal and disposal of the shoring materials; all as shown on the Plans, or as specified in the General Conditions, Standard Specifications, and these Supplementary Special Provisions; shall be considered as included in lump sum price bid paid for under Trench Shoring in the BID SCHEDULE and no additional compensation will be allowed therefore.
No change will be made in the amount to be paid for supporting the excavation for structures as a result of required revisions in the excavation support details due to a type of soil encountered which requires a method of trench support different from that approved.
Add the following new subsection:
300-12 EROSION CONTROL.
300-12.1 General.
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300-12.1 General. The Contractor shall provide erosion control and water pollution control conforming to the requirements shown on the Plans, as specified herein, and as elsewhere required by the Contract Documents. Erosion control and water pollution control shall include the Work specified herein, and such additional measures, as may be directed by the Engineer, to meet Best Management Practices, as defined herein, and to properly control erosion and storm water damage of the limits of work and construction impacts upon areas receiving drainage flows from within the limits of work.
The work covers the prevention, control and abatement of waterborne silts, sediments, earth materials, inorganics, chemicals, construction materials, trash, and debris in order that pollution of the existing onsite and downstream watercourses is prevented or minimized. The Work includes preventing, controlling or abating water polluting elements or materials which may result both directly and indirectly from within and outside the Project work limits. This includes water flow from, to, or through the site resulting from rainfall runoff, groundwater movement, and stream storm water discharge.
The work includes:
a] the exercise of care and the execution of every reasonable precaution by the Contractor as required by the conditions of the site, weather and construction activities involved;
b] the implementation of construction of various devices, facilities, or features shown on the Plans;
c] the implementation or construction of any devices, facilities, or programs as required conditions of any regulatory agency permits for the Project. The Work therefore includes, but is not limited to, the construction and / or installation of temporary devices such as hay (straw) bales; silt fences; gravel bags; erosion control netting, fabric, blankets, or mats; silt or sediment basins; dikes or berms; swales, linings; ponds; diversion structures, pipes, and related facilities.
d] the cleaning, repairing, silt and sediment removal, maintenance and the removal of devices.
Note: The Contractor’s attention is also directed to the specific requirements contained within the regulatory agency conditional agreements.
Unless other more restrictive requirements are specified elsewhere in the General Conditions or these Special Provisions, or as a requirement of regulatory or other Agency permits, the following minimum provisions shall be met:
a] Equipment and workers for emergency work shall be made available at all times during the rainy season. All necessary materials shall be stockpiled on site at convenient locations to facilitate rapid construction or deployment of temporary devices when rain is imminent.
b] Devices shown on the Plans shall not be moved or modified without the approval of the Engineer.
c] The Contractor shall restore all erosion control devices to working order to the satisfaction of the Engineer after each runoff-producing rainfall, and every 24 hours during a prolonged storm event, as needed.
d] The Contractor shall install additional erosion control measures as may be required by the Engineer due to uncompleted grading operations or unforeseen circumstances which may arise.
e] The Contractor shall be responsible and shall take necessary precautions to prevent public trespass onto areas when impounded waters create a hazardous condition. 06/11/2024 C5 190 of 450
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f] During the rainy season and when rainfall is probable, graded areas around the Project perimeter must drain away from the face of slope at the conclusion of each working day.
g] All removable protective devices shown shall be in place at the end of each working day when the five (5) calendar day rain probability forecast exceeds thirty percent (30%).
Compliance with the requirements of this subsection shall in no way relieve the Contractor from his responsibility to comply with the other provisions of the contract, in particular his responsibility for damage and for preservation or property.
Failure to take said measures satisfactory to the Engineer or regulatory agencies will subject Contractor to orders to cease operations. Any losses to Contractor associated therewith shall be at Contractor’s sole expense.
300-12.2 Grading Controls.
300-12.2 Grading Controls. The Contractor shall protect all areas that have been graded and/or cleared and grubbed as well as areas that have not been graded and/or cleared and grubbed within the limits of work from erosion. The Contractor shall provide temporary earth berm, fiber rolls, gravel bags, silt fences, stabilized construction entrances and similar measures, coordinated with its construction procedures, as necessary and as shown on the Plans to control on site and off site erosion during the construction period. The Contractor shall protect areas which have been cleared and grubbed prior to excavation or embankment operations, and which are subject to runoff during the duration of the contract. The criteria used to determine the appropriate erosion control measures shall be the “Best Management Practices”, hereinafter BMP, defined and described in the latest edition of the "California Storm Water Best Management – Construction Handbook" as published by the Storm Water Quality Task Force [go to the CASQA on-line bookstore at the following URL to purchase, download or view handbook(s)]:
http://www.cabmphandbooks.com
The Contractor shall maintain a copy of the latest edition of the "California Storm Water Best Management – Construction Handbook" on the Project site and shall conduct its operations in conformity to said Handbook.
Excavation and Embankment areas, while being brought to grade and during periods of completion prior to final surface construction, shall be protected from erosion and the resulting siltation of downstream facilities and adjacent areas, and be graded so as to direct runoff into impoundment areas within the limits of work where such runoff shall have pollutants removed by BMP methods. The Contractor shall provide protection by BMP measures to eliminate erosion and the siltation of downstream facilities and adjacent areas. These measures shall include all means necessary to prevent polluted runoff from leaving the site.
300-12.4 Payment.
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300-12.4 Payment. Payment for all work required to provide Storm Water Pollution Prevention and Erosion Control shall be included in the lump sum price included in the Bid specified as Storm Water Pollution Prevention and Erosion Control. Such price shall include full compensation for preparing the Storm Water Management Permit, performing erosion control and water pollution control, conforming to the operational requirements herein, providing and maintaining all BMPs, removing all construction BMPs, conforming to the requirements of the current State Water Resources Control Board of California Order, and the current City of Vista Grading Ordinance, and no additional compensation will be allowed therefore.
SECTION 301 – TREATED SOIL, SUBGRADE
PREPARATION AND PLACEMENT OF BASE MATERIALS
301-1 SUBGRADE PREPARATION.
301-1.1 General.
Revise this subsection to read as follows:
301-1.1 General. This subgrade preparation specification shall govern the preparation of natural, filled, or excavated material prior to the final placement of subbase or base material, geotextile fabric, drainage facilities, pavement, curbs and gutters, driveways, sidewalks, retaining walls or any concrete facilities or roadway structures. Subgrade preparation shall include, but not be limited to scarification and moisture adjustment and compaction of the top twelve inches (12”) of the subgrade in the pavement areas to ninety-five percent (95%) relative compaction, and attendant work, export of remaining excess material to a disposal site or spoil area acquired by the Contractor and pumping and disposal of storm and ground water. In areas where existing utilities may interfere with subgrade preparation work in the roadway prism, the Contractor may choose to place geogrid to stabilize the subgrade and reduce the depth of excavation.
Geotechnical (soil) testing of all fill materials; subgrade, subbase, and base will be conducted by the Agency and the Geotechnical Engineer. Geotechnical (soil) tests may include relative compaction tests, sand equivalent tests, sieve analysis, R-values, etc. The results shall be presented directly by the laboratory to the Engineer. No base or PCC pavement shall be placed prior to the subgrade or subbase being compacted, tested and approved by the Engineer.
The cost of any initial geotechnical (soil) tests shall be borne by the Agency. Additional geotechnical (soil) tests due to the failure of one (1) or more of the initial tests shall be conducted by the laboratory and any expenses borne by the Contractor. The Contractor shall make allowances in his construction procedure to permit testing of the Work in progress by the Engineer, authorized representative or the Inspector, and no additional compensation shall be paid to the Contractor for delays due to testing.
On the Bobolink Storm Drain Project – Phase 2 (CIP Nos. 8913, 8197), due to the existing soil conditions, the Contractor shall over excavate the trench bottom by 2-feet, place ¾” crushed rock with geofabric wrap to stabilize the subgrade prior to placement of the RCP where unsuitable.
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301-1.6 Adjustment of Manhole Frame and Cover Sets to Grade.
Revise the first paragraph of this subsection to read:
Utility valve, manhole, and vault frames and covers within an area to be paved or graded will be set by the owners thereof to finished grade. The Contractor shall adjust all storm drain manholes, sewer cleanouts and manholes, water valve sleeves and covers not adjusted by the owner, survey monument covers and other miscellaneous facilities requiring adjustment to the finished grade, unless the adjustment is designated as “By Others”, in accordance with the Contract Documents. Existing manholes shall be ramped with a minimum of ten feet (10’) round with temporary asphalt. Temporary asphalt ramps shall be completely removed prior to asphalt overlay. The area around each manhole must be compacted prior to paving. Contractor shall be responsible to provide all riser rings, grade rings, slip cans and/or sleeves needed for adjustments. The Contractor shall coordinate with the various utility companies to ensure that the utility companies complete their adjustment work prior to the completion of the Work. Manholes in asphalt concrete pavement shall be set to finish grade in accordance with provisions of 302-5.8. In the case of Portland cement concrete pavement, manhole frames shall be set to finish grade before paving. Repaving required as a result of reconstructing or adjusting all manhole and vault frames and covers to grade shall be the responsibility of the Contractor and the cost thereof shall be included in the bid item for pavement.
Revise the second paragraph of this subsection to read:
The Contractor shall exercise care so that surface materials such as rocks, dirt, and debris do not enter sewer lines, manholes, valve and cleanout sleeves, and other utility facilities. In order to prevent contamination, Contractor shall provide a three-quarter inch (3/4”) thick plywood platform to be placed on the concrete shelf at the bottom of sewer manholes prior to starting adjustment work. The shape of this platform shall conform to the circumference of the inside wall at the shelf elevation. After the manhole had been adjusted, the material accumulated on the plywood shelf along with the plywood shelf shall be removed from the manhole and disposed of in accordance with Subsection 300-1.3 (“Removal and Disposal of Materials.”) The Contractor shall remove all debris from the interior of manholes, valve covers, and cleanouts and shall clean all foreign material from the top of the frames and covers. The Contractor shall include all costs in the related items of work, and no additional compensation will be allowed.
Add the following new paragraph(s) to this subsection:
Because VID water facility sleeve and cover adjustments in paved areas must be done as the paving operation proceeds, VID typically has a crew working at the same time the Contractor is performing the paving operations. If VID is not able to perform the work due to an unforeseen circumstance, the Contractor shall adjust those facilities to grade on behalf of VID as the paving work is being done. Because the quantity of VID covers to be adjusted depends on the availability of VID crews to perform the work, the quantity in the Bid is a rough estimate for bidding purposes only.
Stipulated unit prices may be included in the Bid to eliminate for all bidders the risk of including prices for those items of work in the bid and not getting the work. Subsequently, these bid items are exempt from the adjustment of bid unit prices under Subsection 3-2.2.3 (“Decreases of More than 25 Percent.”).
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301-1.7 Payment.
Revise this subsection to read as follows:
301-1.7 Payment. The BID SCHEDULE does not include a bid item for subgrade preparation. Full compensation for Subgrade Preparation required to perform the construction operations specified or shown on the Plans will be considered as included in the price bid for the related items of work, and no additional compensation will be allowed therefore.
The Bid Schedule lists separate bid items for the adjustment of [utility manholes and valve covers owned by other agencies, sewer cleanouts, water valve sleeves and covers, CP Test Station covers, survey monument covers, etc.] and other miscellaneous facilities requiring adjustment to the finished grade. The Contractor shall adjust all facilities to grade as required to complete the work in accordance with the standards of the facility owner, unless those facilities are designated to be adjusted to grade “By Others”. Full compensation for any necessary work required to perform the construction operations specified or shown on the Plans will be considered as included in the price bid for Adjust Gas Valve Cover to Grade and Adjust Water Valve Cover to Grade, if required and no additional compensation will be allowed.
If no payment provision for manhole or vault adjustment or reconstruction is made, payment for such work will be considered included in the related items of work, and no additional compensation will be allowed.
301-2 UNTREATED BASE.
301-2.1 General.
Add the following to this subsection:
Concrete curb, gutter, cross gutter, spandrel, sidewalk, driveway, and flatwork shall be placed on untreated compacted aggregate base, unless the existing material under the areas being repaired is determined to be firm and unyielding by the Engineer. New Asphalt Concrete Pavement shall also be placed on untreated compacted aggregate base. Untreated compacted aggregate base shall have the following thicknesses under respective concrete surface improvement unless shown otherwise on the Plans or specified:
PCC Sidewalk shall be placed on six inches (6”) of untreated compacted aggregate base.
PCC Curb and Gutter shall be placed on six inches (6”) of untreated compacted aggregate base.
PCC Pedestrian Access Ramp shall be placed on six inches (6”) of untreated compacted aggregate base.
PCC Driveway Entrance shall be placed on six inches (6”) of untreated compacted aggregate base.
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PCC Cross Gutter and Spandrel shall be placed on twelve inches (12”) of untreated compacted aggregate base.
Asphalt Concrete Pavement shall be placed on untreated compacted aggregate base, using the thicknesses shown on the Plans.
The Contractor will be allowed to reuse any existing base that is removed if the base material is removed without being contaminated by subgrade soils or other deleterious materials. The re-used base material must be moisture conditioned and compacted as specified. The Contractor shall provide water and compact the surface of any base material that will form the foundation for subsequent improvements, to meet the requirements of the Plans and specifications. The Contractor shall remove and replace any existing aggregate base that becomes contaminated.
301-2.3 Compacting.
Add the following as the first paragraph:
301-2.3 Compacting. It shall be the Contractor’s responsibility to provide adequate equipment and methods to accomplish the Work in accordance with these Specifications. The grading shall be done to the elevations provided in the Plans. Any field conditions that prevent the Contractor from matching design elevations shall be immediately notified to the Engineer.
Revise the third paragraph of this subsection to read as follows:
The relative compaction of each layer of compacted base material shall not be less than ninety- five percent (95%) for curbs, driveways and pavement for a minimum depth of one foot (1.0’) below the grading plane. Compaction under sidewalks and in the excepted areas shall be as specified in Subsection 211-1 (“Compaction Tests.”) with each layer of compacted base material having a minimum compaction of ninety percent (90%).
301-2.4 Measurement and Payment.
Revise this subsection to read as follows:
301-2.4 Measurement and Payment. The quantities of new untreated aggregate base will be calculated using the square footage of the improvements constructed on the base, multiplied by the thickness of the base shown on the plans or specified. If the Engineer directs the Contractor to place additional base, the thickness requested by the Engineer will be used in calculating the pay quantity.
If the base thickness is increased by the Contractor for his convenience or to avoid performing additional required subgrade preparation, the additional base will not be included in the pay quantity.
Because the determination of whether untreated aggregate base will be needed in certain areas depends on the condition of the existing materials, it is a rough estimate for bidding purposes.
Subsequently, this bid item is exempt from the adjustment of bid unit prices under Subsection 3-2.2.3 (“Decreases of More than 25 Percent.”).
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To confirm the pay quantities, the Contractor shall furnish to the Engineer at the time of delivery of the material to the job site a legible copy of a licensed weigh master’s certificate showing gross, tare, and net weights of each truckload of untreated base. Failure of the Contractor to provide a certificate to the Engineer by the end of the day on which the material represented by such certificate is delivered to the job site may, at the discretion of the Engineer, result in the forfeiture of all payment for such material, including any labor and equipment costs or related costs included in the price for furnishing and placing the untreated base.
Payment for untreated compacted aggregate base will be paid for included in the related item of work. Such bid price shall include full compensation for clearing and grubbing; earthwork; subgrade preparation; supplying, placing, spreading, compacting, and finishing the untreated base; and all other work required to perform the construction operations specified or shown on the Plans, and no additional compensation will be allowed therefore.
SECTION 302 – ROADWAY SURFACING
302-5 ASPHALT CONCRETE PAVEMENT.
302-5.1 General.
Revise the first paragraph of this subsection to read as follows:
302-5.1 General. Asphalt concrete pavement shall consist of two (2) or more courses of a mixture of paving asphalt and graded aggregate as specified in Subsection 203-6 (“Asphalt Concrete.”), placed on a prepared surface of existing or new untreated base, or over existing paving, as necessary to construct the roadway as shown on the Plans or as required to complete the Work (i.e. where new curb is placed, utility cuts, and manhole reconstruction area). The courses shall be of the type of mixture specified. The thickness of asphalt concrete pavement for initial patch areas next to gutters, spandrels, and curbs shall be a minimum of six inches (6”), and the thickness in trenches next to curbs and driveways and in trenches shall be one-inch (1”) thicker than the existing pavement. The initial asphalt concrete patch base course for the items of work shown on the Plans shall be placed full depth from the aggregate base to the existing pavement surface as soon as the adjacent improvements are cured sufficiently to allow the paving to proceed. The initial asphalt concrete patch shall be placed in multiple move-ins to accommodate the required traffic control and staging phases, and to ensure that traffic is allowed to use the improvements as quickly as possible. Asphalt concrete in streets and parking lot areas where there is no base shall be placed on a prepared section of subgrade material to the thickness shown on the Plans. The surface course of asphalt concrete shall be a minimum of one and one-half inches (1-1/2”) thick with a one inch (1”) minimum thickness at the overlay key. The surface course shall be placed in the minimum number of move-ins necessary to accommodate the required traffic control and staging phases, but minimize the joints in the new asphalt concrete surface. Before the surface course is placed, the edges of existing pavement shall be cold milled to form an overlay key as shown on the Plans or as specified.
In a parking lot, the entire accessible parking stall and loading area shall not exceed two percent (2.00%) in any direction, NO EXCEPTIONS.
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Add the following paragraph to read as follows:
Temporary asphalt concrete pavement and striping may be required to implement the traffic control and construction phasing shown on the Plans or specified. In sidewalk areas temporary AC surfacing shall be at least one inch (1”) thick. In the streets, a greater thickness may be required.
Temporary surfacing and striping shall be placed before the end of the work period so traffic can be restored at the time of day specified, and it shall remain in place or be replaced regularly until the area is ready for permanent pavement and striping. Full compensation for all work required to install, maintain, and dispose of temporary asphalt concrete pavement and striping will be considered as included in the price bid for Traffic Control and Construction Phasing and no additional compensation will be allowed therefore.
302-5.4 Tack Coat.
Replace the first sentence of the first paragraph with the following:
302-5.4 Tack Coat. If the asphalt concrete pavement is being constructed directly upon an existing hard-surfaced pavement, a Tack Coat of PG 64-10 paving asphalt shall be uniformly applied at a rate no less than 0.07 gallons per square yard (g/sq. yd.) upon the existing pavement preceding the placement of asphalt concrete. Payment for this item shall be included in the unit price for the related asphalt concrete pavement or overlay and no additional compensation will be allowed.
Replace the third paragraph with the following:
If the asphalt concrete pavement is being constructed directly upon an existing hard-surfaced pavement, a Tack Coat of PG 64-10 paving asphalt shall be uniformly applied at a rate no less than
0.07 gallons per square yard (g/sq. yd.) upon the existing pavement preceding the placement of asphalt concrete. Payment for this item shall be included in the unit price for related asphalt concrete pavement or overlay and no additional compensation will be allowed.
302-5.5 Distribution and Spreading.
Add the following paragraphs:
In addition to the requirements in Subsection 302-5.5 (“Distribution and Spreading.”) of the Standard Specifications, asphalt paving equipment shall be equipped with automatic screed controls and a sensing device or devices. When placing asphalt concrete, the automatic controls shall control the longitudinal grade and transverse slope of the screed. Grade and slope references shall be furnished, installed, and maintained by the Contractor.
At locations where new asphalt concrete pavement joins an unimproved shoulder, the Contractor shall taper the new asphalt edge by raking out all aggregate three-eighths inch or larger (3/8+”) and feathering the new paving to form a smooth transition to join the unimproved shoulder. The transition shall extend a minimum of eighteen inches (18”) onto the shoulder. Additional tack coat shall be 06/11/2024 C5 197 of 450
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applied to all tapered transitions to prevent raveling of the new pavement. Tapers shall be raked, rolled, and compacted so there is no lip exceeding one-quarter inch (1/4”).
Should the methods and equipment furnished by the Contractor fail to produce a layer of asphalt concrete conforming to the requirements, including straightedge tolerance, of Subsection 302-5.6.2 (“Density and Smoothness.”) of the Standard Specifications, the paving operations shall be discontinued and the Contractor shall modify their equipment or furnish substitute equipment.
Careful attention shall be given to maintaining proposed surface drainage conditions during placement of asphalt overlay. Unless otherwise directed by the Engineer, existing drainage patterns shall be maintained.
Should the automatic screed controls fail to operate properly during any work period, the Contractor may use manual control of the spreading equipment for the remainder of the work period; however, the equipment shall be corrected or replaced with alternative automatically controlled equipment conforming to the requirements in this Subsection before starting another work period.
Prior to placing asphalt concrete, the Contractor shall provide covers over all existing storm drain grates and inlets to prevent entry of debris.
The streets identified for overlay may have rutting, offset crowns, high spots, or low spots that need to be corrected to re-establish the proper street grade. Cold milling shall be used to remove high spots.
Tack coat and leveling courses of asphalt concrete shall be placed to fill low spots and ruts and to re- establish street grades prior to the placement of asphalt concrete overlay. The Contractor shall use cold milling to remove high spots and to provide joints for AC leveling course, in areas as directed by the Engineer. The Contractor shall place tack coat in the areas delineated by the Engineer, and rake the edges of the variable thickness AC leveling course to create smooth feathering. If a quantity of AC leveling course is included in the Bid Schedule, it is a rough estimate for bidding purposes.
Subsequently, these bid items are exempt from the adjustment of bid unit prices under Subsection 3-
2.2.3 (“Decreases of More than 25 Percent.”). If Leveling Course is needed, that work shall be directed by the Engineer in the field. The Contractor shall cooperate with the Engineer in placing the leveling course as required to re-establish street grades, and perform the work as directed by the Engineer.
302-5.6 Rolling.
302-5.6.2 Density and Smoothness.
Add the following paragraphs to this subsection:
Contractor shall have a ten foot (10’) straightedge onsite at all times during all paving operations for use in checking the smoothness of the surface.
The finished surface of the asphalt concrete pavement shall be placed three-eighths inch (3/8”) above the gutter lip to allow full compaction of the asphalt at the gutter edge and to prevent damage to the gutter lip caused by the roller.
At curb ramps the finished surface of the asphalt concrete pavement shall be placed one-eighth inch (1/8”) above the gutter lip. If the asphalt concrete surface is more than one-quarter inch (1/4”) 06/11/2024 C5 198 of 450
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above the lip or if the slope of the asphalt concrete surface at the gutter lip exceeds five percent (5%), the Contractor shall grind the pavement until it is equal to or less than five percent (5%) and flush with the gutter lip.
302-5.7 Joints.
Add the following paragraph to this subsection:
Joints between successive runs shall be placed to match striped lane lines. If this placement pattern cannot be met, joints between successive runs shall be in the center of the driving lane.
SECTION 306 – UNDERGROUND CONDUIT CONSTRUCTION
306-1 OPEN TRENCH OPERATIONS.
306-1.1 Trench Excavation.
306-1.1.1 General.
Add the following paragraphs after the third paragraph:
The groundwater removal work shall include furnishing, installing, and operating a dewatering system capable of dewatering any excavation for any work in progress or planned, and subsequent removal of such equipment from the site.
The Contractor shall limit the area to be excavated at any one time to that area which can be properly dewatered by the equipment in use. The equipment in use shall be both capable of removing any water that accumulates in the excavation and maintaining the excavation in a dry condition while construction is in progress. The surface of the ground shall be sloped away from the excavation or temporary dikes or pipe culverts provided to prevent surface water from entering the excavation.
Disposal of the water from the dewatering system shall be in such a way as not to damage or overload the existing drainage facilities in the area. Protect from injury any portion of the Work completed or in progress, surfaces of streets, lawns or private property. No water shall be directed across a public street outside the construction limits.
All water encountered during the excavation shall be disposed of by the Contractor in such a manner as will not damage public or private property or create a nuisance or health menace. The Contractor shall furnish, install, and operate pumps, pipes, appliances, and equipment of sufficient capacity to keep all excavations free from water until the excavation is backfilled, unless otherwise authorized by the Engineer. The Contractor shall provide all means or facilities necessary to conduct water to the pumps.
Discharge of pumped groundwater shall be in conformance with the requirements of the Regional Water Quality Control Board, the County of San Diego Department of Environmental Health, the City of Vista, and other agencies having jurisdiction. The Contractor shall obtain all required permits before pumped water from naturally occurring groundwater or from rainfall is discharged to any storm drain or sewer. A means shall be provided for desilting the water before discharging it where required by the Engineer or by the terms of the discharge permits.
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306-1.1.5 Removal and Replacement of Surface Improvements.
Revise this subsection to read as follows:
306-1.1.5 Removal and Replacement of Surface Improvements. Bituminous pavement, concrete pavement, landscaping, fences, curbs, sidewalks, or driveways removed in connection with construction shall be removed and reconstructed in accordance with these specifications.
306-1.3 Backfill and Densification.
306-1.3.1 General.
Add the following after the third paragraph:
Trench backfill shall be 2-sack concrete slurry placed from the pipe bedding up to the street structural section.
306-1.5 Trench Resurfacing.
306-1.5.1 Temporary Resurfacing.
Modify the fourth paragraph to read as follows:
Full compensation for the furnishing, placing, maintaining, removing, and disposing of temporary resurfacing materials shall be included in the unit price of the underground conduit.
306-6 REMODELING EXISTING SEWER FACILITIES.
Add the following new subsection:
306-6.1 Payment.
306-6.1 Payment. Payment for Reconstruct Manhole shall be paid for by the lump sum price bid, complete in place and fully functional, as shown in the BID SCHEDULE. The work includes, but is not limited to, performing all necessary demolition, disposal, clearing and grubbing, excavation, base removal and replacement per these specifications, asphalt concrete removal and replacement per these specifications, modification of the manhole, Contractor’s Pollution Liability insurance, Transporters Pollution Liability Insurance, Sewage Spill Prevention and Response Plan, Wastewater Flow Diversion Plan, and all other required appurtenances, and performing all other work required to produce a complete and fully functional sewer manhole system, as shown on the Plans and as specified herein.
Manholes to be reconstructed or remodeled will be identified on the Plans. If fifteen inches or more (15+”) of the riser on a manhole that is designated on the plans or in the specifications to be 06/11/2024 C5 200 of 450
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adjusted to grade is damaged and must be replaced, the work shall be paid for at the unit price bid for Reconstruct Manhole. Payment for Reconstruct Manhole shall be paid for by the linear foot price bid, complete in place and fully functional, as shown in the BID SCHEDULE. The work includes, but is not limited to, performing all necessary demolition, disposal, clearing and grubbing, excavation, base removal and replacement per these specifications, asphalt concrete removal and replacement per these specifications, modification of the manhole, Contractor’s Pollution Liability insurance, Transporters Pollution Liability Insurance, Sewage Spill Prevention and Response Plan, Wastewater Flow Diversion Plan, and all other required appurtenances, and performing all other work required to produce a complete and fully functional sewer manhole system, as shown on the Plans and as specified herein.
306-7 CURB DRAINS.
Revise the first paragraph of this subsection to read as follows:
306-7 CURB DRAINS. Drains shall be constructed beneath the sidewalk as shown in SDRSD No.
D-27 (“SIDEWALK UNDERDRAIN PIPE”) to connect building drains or yard drains through curb outlet sleeves to the gutter, or to serve low areas on adjacent property where pre-existing drainage conditions have been affected by the Work. Each separate parcel shall be provided with a minimum of two (2) drains, one (1) at the low side of the parcel and one (1) at the high side of the driveway, or as shown on the Plans. Payment for all work required to install curb sleeves and under-sidewalk drains will be considered as included in the related concrete items, and no additional compensation will be allowed therefore.
Add the following new subsections:
306-10 VIDEO INSPECTION.
306-10.1 General.
306-10.1 General. Work under this section shall consist of investigation of pipelines by use of digital closed circuit color video recording to determine condition of lines following cleaning, rehabilitation, and installation of gravity pipelines (when required).
The Contractor in coordination with the Engineer shall video record pipelines to:
1. locate existing laterals,
2. confirm no flow in existing mains prior to abandonment,
3. assess the conditions of the existing pipe segments and laterals after the cleaning process and prior to commencing rehab work, and
4. accept the newly installed or rehabilitated pipelines.
306-10.2 Video Inspection Camera.
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306-10.2 Video Inspection Camera. The camera source image shall provide a high resolution video with minimum thirty (30) frames per second producing a continuously-monitored high-quality picture, capable of discerning all major and minor operational and structural defects in the pipelines.
The minimum video bit rate shall be 4.7 Mega bits per second (Mbps) and minimum audio bit rate shall be 128 Kilo bits per second (Kbps).
Video equipment shall include a multi-angle camera capable of spanning 360-degrees circumference and 270-degrees on horizontal axis.
Video inspection shall be performed utilizing one of the following video camera systems:
1. Remote-focus stationary lens cameras;
2. Rotating-lens cameras; or
3. Pan-and-tilt cameras
The video camera shall be mounted on a skid, floatable raft system, or transporter based on the conditions of the pipeline to be recorded. The radial view camera shall be solid-state color and have remote control of the rotational lens. The camera shall be capable of viewing the complete circumference of the pipe and junction structure e.g., manhole. Cameras using mirrors or exposed rotating heads are not acceptable.
The camera shall be operative in 100 percent humidity conditions.
Camera lens shall not be less than 140 degree viewing angle.
Focal distance shall be remotely adjustable through range of six inches (6”) to infinity (∞).
The remote-reading footage counter shall be accurate to less than one percent (1%) error over the length of the particular section of pipeline being inspected. This distance is measured from the centerline of the junctions (e.g., manhole to the centerline of the next manhole).
The camera height shall be adjusted such that the camera lens is always centered in the pipe being inspected. The equipment shall display on the monitor the distance of the camera from the centerline of the starting manhole. Unless otherwise approved by the Engineer, footage measurements shall begin at the centerline of the upstream manhole.
Lighting and camera quality shall produce a clear, in-focus picture of the entire periphery of the pipe for a minimum distance of 6’. Lighting shall be remote-controlled and adjusted to minimize reflective glare and to avoid any dark or shadowy regions appearing on the video file.
The video camera and monitor shall be capable of registering a minimum of four hundred (400) vertical lines and four hundred sixty (460) horizontal lines resolution and be a clear, stable image with no interference.
The video portion of the digital recording shall be free of electrical interference and shall produce a clear and stable image. The audio portion shall be sufficiently free of background and electrical noise providing an oral report that is clear and discernible. 06/11/2024 C5 202 of 450
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For pipes smaller than six inches in diameter (6”Ø), the Contractor shall use portable long range pan and tilt push cameras with a motorized wheel to push the probe for one hundred eighty (180’) or more feet down the pipes (e.g., laterals).
The Contractor shall provide a camera, capable of extended video recording lengths and operation in remotely accessed areas without direct vehicular access.
306-10.3 Inspection Procedure.
306-10.3 Inspection Procedure. Video inspection shall show with high resolution operational and structural defects (e.g., inflows, sags, offset joints, cracks, roughness, “fins” or folds in the pipelines, complete with audio commentary and inspection log).
The Engineer shall be notified a minimum of two (2) Working Days in advance of video inspecting.
Video inspection shall be performed one pipe reach (e.g., manhole to manhole) at a time.
The Contractor shall video inspect the pipeline with maximum flow diverted from the pipeline. The pipe reach being inspected shall be isolated from the remainder of the pipelines with the upstream sewage flow bypassed. In the event that the existing flow is interfering with the video operation, a bypass shall be performed by the Contractor to lower the flow volume sufficiently to allow for a clear video picture. Sufficient water shall be supplied to the isolated section to cause drainage reaching the downstream manhole prior to video inspecting. If existing flows are high, pre-construction video inspection can be done with partial flow. Depth of the flow shall not exceed:
1. Pipes 6" - 10": 20% of the pipe diameter.
2. Pipes 12" - 24": 25% of the pipe diameter.
3. Pipes 27" and up: 30% of the pipe diameter.
The camera shall be moved through the pipeline in a downstream direction at a uniform rate by means of power cable winches or self-propelled tractors at each manhole, stopping and rotating the camera head at each lateral connection, defect, or both to allow for adequate evaluation. The Contractor shall stop when necessary to ensure proper documentation of the pipe condition, but in no case shall the camera be pulled at a speed greater than thirty feet (30’) per minute. A clear picture shall be provided looking into each service connection. Both pre- and post-video inspections shall be submitted to the Engineer.
Measurement for location of defects shall be above ground by means of a measuring device.
Footages shown in the digital files shall coincide with horizontal lengths from stationing as shown on the Plans. Footage measurements shall begin at the centerline of the upstream manhole or storm drain access point, unless permission is given by the Engineer to do otherwise.
The Contractor shall clean the sewer mains or storm drains prior to video inspecting as necessary to adequately perform the video recording operations. If the camera will not pass through the entire pipeline section, the Contractor shall reset the equipment at the downstream manhole and attempt to inspect the section of pipe from the opposite direction. If the camera fails to pass through the entire 06/11/2024 C5 203 of 450
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section, it shall be assumed that an obstruction exists. Efforts to video record that section of pipe shall be temporarily suspended and the Contractor shall notify the Engineer. Upon removal of the obstruction, the Contractor shall complete the inspection.
If an obstruction is encountered during the post-construction video inspection, the Contractor shall remove the obstruction by excavation, repair, or other means approved by the Engineer at the Contractor’s expense, in order that video inspection may continue.
The system used to move the camera through the pipe shall not obstruct the camera’s view. The Contractor shall calibrate the measuring device each day with a known distance to the satisfaction of the Engineer prior to starting the inspection and video recording process.
The Contractor shall obtain the Engineer’s approval for any additional point repairs.
See the Contract appendices (see list of Appendices in Table of Contents on Page 2) for additional requirements for video inspection deliverables.
306-10.4 Reports and Documentation.
306-10.4 Reports and Documentation. The Contractor shall provide a sample submittal at the start of video inspecting work demonstrating the typical video with audio quality and the database to be provided for approval by the Engineer. This submittal shall note any proposed changes to these specifications e.g., video format, data bases, compression, or other condition for review and approval by the Engineer.
Both pre- and post-inspections digital files, log sheets, and reports shall be submitted to the Engineer and will become property of the City.
The Contractor shall use a dual recording system and submit post video inspection files to the Engineer, subsequent to recording.
The Contractor shall use the City’s standard inspection introduction, abbreviations, log sheet forms, and severity code with legend when recording the line segment information.
The inspection reports shall incorporate and utilize a standardized City’s rating system to be provided for comprehensive evaluation of pipeline, manhole condition, or both, i.e., a standardized listing of facility condition and defect codes. Pipe condition and fault information tied to pipe location shall also be recorded in the Report.
Documentation shall consist of color digital video files, log sheets, and a written report detailing the condition of the pipeline and lateral connections and openings. Video files shall be provided on external hard drive or on DVD.
The video files shall be highly compressed, resulting in an anticipated average file size of 10 MB per minute of video. The compression shall be in accordance with Windows Media Video (WMV) format.
The compression shall not significantly degrade the still frame quality of the video or audio signal from the original source video, as judged in a side by side viewing under normal viewing conditions. 06/11/2024 C5 204 of 450
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The report shall note the time and date of video inspection, street name, upstream and downstream manhole, direction of view, direction of flow, surface material, pipeline length, pipe section length, pipe size, pipe material, lateral connections, DVD number, counter number, and a detailed logging of defects encountered in tabular form.
Each submittal shall include the following:
Visuals
1. Adequate view of the upstream and downstream manholes or storm drain access points. The direction of the survey upstream or downstream.
2. A pause at and zoom in on the lateral connections for at least fifteen (15) seconds for identification of the condition of the connection.
3. A pause at and zoom in on the identified defects sufficient for identification of the type of problem.
4. Identified fault conditions or defects (use standardized condition and defect codes).
5. Each pipe section shall be identified by street name, nearest intersection, distance from intersection and manhole numbers. If shown on the Plans, station numbers and sheet numbers shall also be identified.
6. A continuous read-out of the camera distance from the starting manhole to the end point at all times.
7. Pipe size.
8. Pipe or liner material.
Audio
1. Date of CCTV inspection.
2. Confirmation of each section to be CCTV inspected (i.e., narrative of manholes, storm access points or station numbers and direction upstream or downstream.
3. Description of pipe size lined on post and final videos, material liner type for post and final videos and pipe joint length.
4. Description and location of each defect.
5. Description and location of each service connection.
6. Include brief but informative comments on data of significance, including, but not limited to, the locations of unusual conditions, type and size of connection, collapsed section, the presence of scale and corrosion, and other discernible features.
7. A continuous read-out of the camera distance from the starting manhole.
Written Documentation
1. Date of CCTV inspection.
2. Printed labels on DVD or storage device number, location information, date of inspection, and other descriptive information.
3. Location, size, material, and length of pipe.
4. Direction of flow and measurement "From" manhole or storm drain access point or station number "To" manhole or storm drain access point or station number.
5. File numbers itemizing individual segments.
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6. Sketch showing the street and cross streets where the CCTV inspection was made.
7. Description and location of each defect or deficiency and a list of all proposed repairs.
8. Description and location of each connection.
9. A menu which lists files for each pipe section to be inspected and the date of the inspection.
The reporting software shall be compatible with City’s format requirements. The reporting software shall utilize Microsoft Access database. The reports shall also show all service lateral connection locations.
Video files will be reviewed by the Engineer for focus, lighting, sound, clarity of view, and technical quality. Videos recorded while a camera has flipped over in the process of traveling and the viewing of laterals, obstructions or defects that are blocked by cables, skids or other equipment will not be accepted. Sharp focus, proper lighting, and clear distortion-free viewing during the camera operations shall be maintained. Failure to maintain these conditions will result in the rejection of the submittal.
One file shall be provided for each manhole to manhole pipe segment (or for each manhole to manhole inspection video).
306-10.5 Video Inspection Submittals.
306-10.5 Video Inspection Submittals. The Contractor shall make submittals during construction as applicable to the Project. Each video submittal shall be limited to twenty (20) segments. In the event that any deficiencies are discovered by the Engineer, either by the Contractor’s video inspection or the Engineer’s inspection, five (5) Working Days shall be allowed for the Engineer to judge whether the deficiencies or sags are repairable, in place. If the judgment is made that the deficiencies are non- repairable in place, the affected portion(s) shall be reconstructed at no cost to the Agency.
Existing Sewer Mains Proposed To Be Replaced - When video inspecting existing mains proposed to be replaced, the Contractor shall provide the video files and a red-lined set of Plans showing the location of the existing laterals to the Engineer before constructing the new sewer mains. Service lateral video inspection shall be submitted separately.
Post Cleaning Videos Prior To Rehabilitation Of Mains - The Contractor shall video record the pipe segments after the cleaning process has been completed and prior to commencing rehabilitation work.
If point repairs are necessary, the Contractor shall identify the location of the proposed point repairs and submit the post cleaning video within five (5) Working Days of completion of the segment cleaning and at least five (5) Working Days prior to commencing the rehab work to obtain prior approval by the Engineer. The Engineer will review each video submittal within ten (10) Working Days of receiving submittal. The post cleaning video for the remainder of the mainline segments shall be submitted.
Post Cleaning Videos For Rehabilitated Laterals Or Lateral Launch Videos - The Contractor shall video record the lateral segments after the cleaning process has been completed and prior to commencing any work on laterals. The post cleaning video for service lateral launch shall be submitted within 5 Working Days of segment cleaning. The Engineer will review each video submittal within 10 Working Days of receiving each submittal. Each submittal shall be limited to 20 segments. The video inspection shall include inspection of service lateral a minimum of 30’ in length from the mainline or up to the property line unless an obstruction is encountered. 06/11/2024 C5 206 of 450
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Service Lateral Video - If the property line clean-outs are not known to exist, service lateral video may be obtained with camera equipment designed to launch into the service lateral from the mainline or access from the private property with homeowner’s permission. Each service lateral shall be identified by the FSN of the mainline (when FSN are included in the Contract Documents) and the address of the property which it serves. Failure to comply with these specifications may result in one or more of the following:
1. A delay of the review and approval of the submittal(s).
2. Delay in progress payments.
3. Require the Contractor to repeat video recording the pipelines at no cost to the City.
Final Video Inspection – New sewer mains or storm drains shall be video inspected and recorded not less than twenty-two (22) Working Days after completion of permanent trench restoration and finished grading, but prior to final resurfacing. The Contractor shall review the digital file for any discrepancies or deficiencies in the installation of the pipe or liner. The Contractor shall notify the Engineer at least thirty (30) Working Days in advance of the anticipated date that Acceptance will be requested. If the specified advance notice is not given, Acceptance and bond release may be delayed.
For sewer mains only: The Contractor shall first clean the line with high pressure water jetting equipment and a sewer ball, and then perform tests as specified by the Engineer. The Contractor shall provide for collection of debris from cleaning operation. The Contractor shall dispose of water into an existing sanitary sewer system or pump station.
For sewer mains only: The camera shall stop at each lateral connection, focus on the bottom of the opening and then make one slow clockwise observation around the perimeter of the lateral which clearly shows the quality of the connection. Then, the camera shall focus on the center of the lateral opening for a minimum of fifteen (15) seconds before moving on to also adequately show and document that the saddle has been installed properly for new installations and that the lateral opening has been reestablished for rehabilitation. Each lateral shall be identified by the address of a property which it serves. If the Contractor fails to properly show and document within the database any of the lateral openings, the Contractor will be required to repeat video recording that section of pipeline at no additional cost to the City.
Post-rehabilitation Videos - Post-rehabilitation videos shall be submitted within thirty (30) days of completion of the Work. The final video recording shall clearly show the condition of the liner with ends sealed at the manholes, service lateral and connection seals. The submittal of this final video recording shall also include MS Access database and marked up Field Book pages or Plans as attachments. Failure to deliver the submittal(s) within the time identified or if a total of more than twenty (20) segments are submitted in a single video may result in one or more of the following:
1. A delay of the review and approval of the submittal(s).
2. Delay in progress payments.
306-10.6 Tolerances.
306-10.6 Tolerances. Tolerances encountered following inspection shall be addressed as follows:
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1. For new underground sewer or storm drain conduit installations, the maximum operational tolerance for sag shall be one-half inch (1/2”). When video recorded inspection is used to check for sag, a calibrated one-quarter inch diameter (1/4”Ø) steel bar, mounted in front of the camera, shall be used to measure the depth of sag.
2. For rehab work, tolerances shall be in accordance with Subsection 500-1.4.9 (“DEFECT TOLERANCES.”).
3. If the Engineer determines that the deficiencies or sags are non-repairable in place, the affected portion(s) shall be reconstructed in accordance with Subsection 6-8 (“COMPLETION, ACCEPTANCE, AND WARRANTY.”)
306-10.7 Payment.
306-10.7 Payment. Cleaning and video inspecting pipelines and culverts shall be included in the various Bid items unless separate Bid items have been provided.
***END OF SECTION***
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Appendix A:
Federal Requirements for Federal CLFRF
Construction Projects
(Exhibit A to the Contract)
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CORONAVIRUS LOCAL FISCAL RECOVERY FUNDS
FEDERAL CONTRACT REQUIREMENTS
The following requirements apply to City of Vista contracts utilizing Coronavirus Local Fiscal Recovery Funds, as required by 2 CFR Part 200, Appendix II:
A. Violation of Contract Term (Contracts over $150,000). Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.
Accordingly, when the City of Vista expends federal funds on such contracts, the City of Vista reserves all rights and privileges under the applicable laws and regulations with respect to this procurement in the event of breach of contract by either party.
B. Termination for Cause and for Convenience (Contracts over $10,000). All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement.
Accordingly, when the City of Vista expends federal funds on such contracts, the City of Vista reserves the right to immediately terminate the agreement in the event of a breach or default of the agreement by Vendor. A breach or default shall occur in the event Vendor fails to: (1) meet schedules, deadlines, and/or delivery dates within the time specified in the procurement solicitation, contract, and/or a purchase order; (2) make any payments owed; or (3) otherwise perform in accordance with the contract and/or the procurement solicitation. The City of Vista also reserves the right to terminate the contract immediately, with written notice to vendor, for convenience, if City believes, in its sole discretion that it is in the best interest of the City of Vista to do so. Vendor will be compensated for work performed and accepted and goods accepted by the City of Vista as of the termination date if the contract is terminated for convenience of the City of Vista. Any award under this procurement process is not exclusive and the City of Vista reserves the right to purchase goods and services from other vendors when it is in City of Vista’s best interest.
C. Equal Opportunity (Federally Assisted Construction Contracts). If the Agreement meets the definition of “federally assisted construction contract” under 41 CFR Part 60-1.3, the contractor agrees as follows:
1. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, 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, sex, sexual orientation, gender identity, 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, 06/11/2024 C5 210 of 450
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including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
3. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.
4. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
5. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
6. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
7. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
8. The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:
Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.
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The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.
The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.
The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.
D. Contract Work Hours and Safety Standards Act (Contracts over $100,000 involving employment of mechanics or laborers). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous.
These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
Accordingly, when the City of Vista expends federal funds on such contracts, Vendor certifies that it will be in compliance with all applicable provisions of the Contract Work Hours and Safety Standards Act during the term of an award for all contracts by the City of Vista resulting from this procurement process.
E. Clean Air Act (Contracts Over $150,000). For all contracts in excess of $150,000, Contractor and all subcontractors shall comply with the requirements of the Clean Air Act, as amended, 42 U.S.C. 7401-7671q. Violations will be reported to the Department of Treasury and the Regional Office of the Environmental Protection Agency (EPA).
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CLFRF Federal Contract Requirements
F. Federal Water Pollution Control Act (Contracts Over $150,000). For all contracts in excess of $150,000, Contractor and all subcontractors shall comply with the requirements of the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251-1387. Violations will be reported to the Department of Treasury and the Regional Office of the EPA.
G. Debarment and Suspension. City cannot make a contract award to parties listed on the governmentwide exclusion int eh System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension”.
Accordingly, Contractor shall not employ or otherwise use any Subcontractor, supplier, or equipment vendor at any tier that is on the governmentwide exclusions in the SAM. SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
H. Byrd Anti-Lobbying Amendment (Contracts Over $100,000). For all contracts in excess of $100,000, Contractors must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.
I. Procurement of recovered materials. City and Contractor must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act by: (1) only procuring items designated in guidelines of the EPA at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; (2) procuring solid waste management services in a manner that maximizes energy and resource recovery; and (3) establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
J. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment.
1. City and Contractor are prohibited from obligating or expending federal CLFR funds to:
a. Procure or obtain;
b. Extend or renew a contract to procure or obtain; or
c. Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera 06/11/2024 C5 213 of 450
CLFRF Federal Contract Requirements
Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). ii) Telecommunications or video surveillance services provided by such entities or using such equipment.
iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
2. In implementing the prohibition under Public Law 115-232, section 889, subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained.
3. See Public Law 115-232, section 889 for additional information.
4. See also 2 CFR § 200.471.
K. Domestic Preferences for Procurements.
1. As appropriate and to the extent consistent with law, City should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award.
2. For purposes of this section:
i) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.
ii) “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.
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171
Appendix B:
Federal Labor Standards Provisions and
Federal Prevailing Wage Rates
(Exhibit B to the Contract)
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Federal Labor Standards Provisions U.S. Department of Housing and Urban Development
Office of Labor Relations
Applicability
The Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards
Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance.
A. 1. (i) Minimum Wages. All laborers and mechanics
employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account
(except such payroll deductions as are permitted by
regulations issued by the Secretary of Labor under the
Copeland Act (29 CFR Part 3), the full amount of wages and bona f ide f ringe benefits (or cash equivalents thereof) due at t ime of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably
anticipated for bona f ide f ringe benefits under Section l (b)( 2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate wage rate and f ringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5. 5( a)( 4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each
classification for the t ime actually worked therein: Provided, That the employer’ s payroll records accurately set forth the t ime spent in each classification in which work is perform ed.
The wage determination (including any additional
classification and wage rates conformed under
29 CFR 5. 5 (a)(1 )(ii ) and the Davis-Bacon poster (WH- 1321 ) shall be posted at all t imes by the contractor and i ts subcontractors at the site of the work in a prominent and accessible, place where i t can be easily seen by the workers. (ii)(a) Any class of l aborers or mechanics which is not l isted in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional
classification and wage rate and f ringe benefits therefor only when the following criteria have been met:
(1)The work to be performed by the classification
requested is not performed by a classification in the wage determination; and
(2)The classification is utilized in the area by the
construction industry; and
(3)The proposed wage rate, including any bona f ide f ringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(b)I f the contractor and the laborers and mechanics to be employed in the classification (if known), or their
representatives, and HUD or i ts designee agree on the
classification and wage rate (including the amount designated for f ringe benefits where appropriate), a report of the action taken shall be sent by HUD or i ts designee to the
Administrator of the W age and Hour Division, Employment Standards Administration, U. S. Department of Labor, W
ashington, D. C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30 -day period that additional t ime is necessary. (Approved by the Office of Management and Budget under
OMB control number 1215- 0140.)
(c)In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts designee do not agree on the proposed
classification and wage rate (including the amount designated for f ringe benefits, where appropriate), HUD or i ts designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30-day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215
-0140.)
(d)The wage rate (including f ringe benefits where
appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract f rom the f i rst day on which work is performed in the classifica tion. (iii)W henever the minimum wage rate prescribed in the
contract for a class of laborers or mechanics includes a f ringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona f ide f ringe benefit or an hourly cash equivalent thereof.
(iv)I f the contractor does not make payments to a t rustee or other third person, the contractor may consider as part Previous editions are obsolete Page 1 of 5
form HUD-4010 (06/2009)
ref. Handbook 1344.1
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of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona f ide f ringe benefits under a plan or program, Provided, That the
Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis- Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215- 0140.)
2. Withholding. HUD or i ts designee shall upon i ts own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld f rom the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon
prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or
advances as may be considered necessary to pay laborers and mechanics, including apprentices, t rainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract In the event of failure to pay any laborer or mechanic, including any apprentice, t rainee or helper, employed or working on the site of the work, all or part of the wages required by the contract, HUD or i ts designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or i ts designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act
contracts.
3. (i) Payrolls and basic records. Payrolls and basic
records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona f ide f ringe benefits or cash equivalents thereof of the types described in Section l(b)(2 )(B) of the Davis-bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. W henever the Secretary of Labor has found under 29 CFR 5. 5 ( a)(1 )(iv) that the wages of any laborer or mechanic include the amount of any costs
reasonably anticipated in providing benefits under a plan or program described in Section l (b)(2 )(B) of the Davis- Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is f inancially responsible, and that the plan or program has been
Previous editions are obsolete
communicated in writing to the laborers or mechanics
affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or t rainees under approved programs shall maintain written evidence of the registration of
apprenticeship programs and certification of t rainee programs, the registration of the apprentices and t rainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and
Budget under OMB Control Numbers 1215 -0140 and 1215- 0017.)
(ii)( a) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or i ts designee i f the agency is a party to the contract, but i f the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for t ransmission to HUD or i ts designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5. 5( a)( 3)(i) except that full social security numbers and home addresses shall not be included on weekly t ransmittals.
Instead the payrolls shall only need to include an individually identifying number for each employee (e. g., the last four digits of the employee’ s social security number). The required weekly payroll information may be submitted in any form desired. Optional Form W H-347 is available for this purpose f rom the W age and Hour Division W eb site at http:// www. dol. gov/ esa/whd/forms/ wh347instr. htm or i ts successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors.
Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to HUD or i ts designee i f the agency is a party to the contract, but i f the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for t ransmission to HUD or i ts designee, the contractor, or the W age and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. I t is not a violation of this subparagraph for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime
contractor for i ts own records, without weekly submission to HUD or i ts designee. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0149.)
(b)Each payroll submitted shall be accompanied by a
“Statement of Compliance,” signed by the contractor or
subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following:
(1)That the payroll for the payroll period contains the information required to be provided under 29 CFR 5. 5
(a)(3)(ii), the appropriate information is being maintained under 29 CFR 5. 5( a)(3)(i), and that such information is correct and complete;
form HUD-4010 (06/2009)