SLED Opportunity · CALIFORNIA · WATSONVILLE
AI Summary
Invitation for Bid for tenant improvements at Ramsay Park Nature/Family Center in Watsonville, CA, including carpentry, ADA restroom renovations, roof replacement with seismic retrofit, HVAC, electrical, plumbing upgrades, drywall, and painting.
Tenant Improvements for the Ramsay Park Nature/Family Center consist of interior carpentry, restrooms renovations to improve ADA compliance, roof replacement including seismic retrofit, partial HVAC, electrical, and plumbing upgrades, drywall and painting.
A new Nature Center Facility was included as part of the Parks and Recreation Strategic Plan adopted by City Council in 2020. Since then, a design for a new Nature Center building was completed and put out to bid. Unfortunately, the bids received were significantly outside of the available budget for construction, therefore all bids were rejected.
City Manager, Parks, and Public Works developed a new cost-effective plan to update the existing Family Center building to incorporate the new Nature Center rather than the original design of constructing a new building.
The existing Family Center building is located at the entrance of Ramsay Park, situated at 1301 Main Street in Watsonville. It was originally constructed in 1970, and the building is approximately 7,000 square feet utilized by the Parks department for programming and open to the public for event rentals.
Approximately half of the existing Family Center building has been dedicated to the development of the Nature Center as a tenant improvement project in the existing facility. The non-dedicated space will become a shared mixed-use space that will be jointly utilized by both Parks and Public Works for community recreation and educational programming.
Addendum #1
Addendum #2: See attached.
1.1 GENERAL
Unless otherwise stated, the words directed, required, permitted, ordered, instructed, designated, applicable, appropriate, sufficient, proper, desirable, necessary, prescribed, approved, acceptable, satisfactory or words of like import, refer to actions, expressions and prerogatives of the Engineer.
Masculine gender words include the feminine. References to gender, such as "workman" and "flagman" and the pronouns "he" or "his" referring to such titles, are abstract in the specifications, used for the sake of brevity are intended to refer to persons of either sex.
Singular words include the plural and "person" includes firms, companies and corporations.
1.2 DEFINITIONS
Acceptance ‑ The formal written acceptance by the City of an entire contract which has been completed in all respects in accordance with the contract documents and any modifications thereof previously approved.
Act of God ‑ An earthquake, flood, cyclone or other cataclysmic phenomenon of nature. A rain, windstorm, high water or other natural phenomenon of unusual intensity for the specific locality of the work, which might reasonably have been anticipated from historical records of the general locality of the work, shall not be construed as an Act of God.
Addenda ‑ Written or graphic instruments issued prior to the bid opening which modify or interpret the contract documents by additions, deletions, clarifications or corrections.
Bidder ‑ Any properly licensed and qualified person or persons, firm, partnership, corporation or combination thereof, submitting a proposal for the work contemplated, acting directly or through duly authorized representatives.
Calendar Day - Any day including legal holidays, Saturdays and Sundays.
City ‑ The government body of the City of Watsonville, County of Santa Cruz, State of California.
Contract ‑ The written agreement covering the performance of the work and the furnishing of labor, materials, tools, and equipment in the construction of the work. The contract shall include the notice to inviting sealed bids, proposal, plans, specifications, Special Provisions, addenda and contract bonds; also any and all supplemental agreements amending or extending the work contemplated and which may be required to complete the work in a substantial and acceptable manner. Supplemental agreements are written agreements covering alterations, amendments or extensions to the contract and include contract change orders.
Contract Documents ‑ The Contract Documents include, but are not limited to, the following:
Notice Inviting Sealed Bids
General Provisions
Special Provisions
Technical Provisions
Reference Specifications
Project Plans
Standard Plans
Addenda
Accepted Proposal
Proposal Guaranty Bond
List of Subcontractors
Contract Agreement
Faithful Performance Bond
Payment Bond
Insurance Certificate
Permits from other Agencies
Notice to Proceed
Approved Revisions to the Plans
Working Drawings
Contract Change Orders
Supplemental Agreements
Contract Price - The amount payable to the Contractor under the terms and conditions of the contract based on the price given on the proposal, with adjustment made in accordance with the contract.
Contractor ‑ The person or persons, firm, partnership, corporation, or combination thereof, who have entered into a contract with the City, as party or parties of the second part or his or their legal representatives.
Days - Unless otherwise designated, days as used in the specifications will be understood to mean calendar days.
Engineer ‑ The engineer designated by the Public Works/Utilities Director to have administrative control over the work, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties delegated to them.
Engineer's Estimate - The list of estimated quantities of work to be performed as contained in the "Proposal Form".
Fixed Costs - Any necessary labor, material and equipment costs directly expended on the item or items under consideration which remain constant regardless of the quantity of the work done.
General Provisions - The part of the contract documents representing the general clauses that establish how the project is to be bid and administered.
Inspector - Agents duly authorized by the Engineer, such agents acting within the scope of the particular duties delegated to them.
Install - Placing, erecting, or constructing complete in place any item, equipment or material.
Laboratory - The laboratory authorized by the City to test materials and work involved in the contract.
Legal Holidays - Those days designated as City holidays for the employees of the City of Watsonville.
Liquidated Damages - The amount prescribed in the Special Provisions, pursuant to the authority of Public Contract Code Section 10226, to be paid to the City or to be deducted from any payments due the Contractor for each day's delay in completing the whole or any specified portion of the work beyond the time allowed in the Special Provisions.
Notice to Proceed - The written notice by the Owner to the Contractor authorizing him to proceed with the work and establishing the date of the commencement of the work.
Owner ‑ The City of Watsonville acting through its appointed and duly authorized officials.
Plans - The official project plans and Standard Plans, profiles, typical cross sections, working drawings and supplemental drawings, or reproductions thereof, approved by the Engineer, which show the location, character, dimensions and details of the work to be performed. All such documents are to be considered as a part of the plans whether or not reproduced in the Special Provisions.
In the above definition, the following terms are defined as follows:
(A) Standard Plans - The City of Watsonville Public Improvement Standards.
(B) Project Plans - The Project Plans are specific details and dimensions peculiar to the work and are supplemented by the Standard Plans insofar as same may apply.
Proposal - The offer of the bidder for the work when made out and submitted on the prescribed proposal form, properly signed and guaranteed.
Proposal Form - The approved form on which the City requires formal bids to be prepared and submitted for the work.
Proposal Guaranty - The cash, cashier's check, certified check, or bidder's bond accompanying the proposal submitted by the bidder, as guaranty that the bidder will enter into a contract with the City for the performance of the work if the contract is awarded to him.
Public Works/Utilities Director - The Director of Public Works/Utilities for the City of Watsonville acting either directly or through duly authorized representatives.
Punchlist - A list of incomplete items of work and of items of work which are not in accordance with the contract, prepared by the Engineer.
Special Provisions ‑ Specific clauses setting forth conditions or requirements peculiar to the work and supplementary to these General Provisions.
Specifications ‑ The directions, provisions and requirements contained in the General Provisions, supplemented as may necessary, pertaining to the method and manner of performing the work.
State of California Specifications ‑ The State of California, Department of Transportation Agency's Standard Specifications in effect at the time of advertising the work.
State Standard Specifications ‑ The State of California, Department of Transportation Agency's Standard Specifications in effect at the time of advertising the work.
Subcontractor - A person or his authorized representative who has a direct contract with the Contractor.
Work - All the work specified, indicated, shown or contemplated in the contract to construct the improvement, including all alterations, amendments or extensions thereto made by contract change order or other written orders of the Engineer.
Working Days - Defined in section 8.6, "Time of Completion," of these General Provisions.
Please see Attachment F - Special Provisions and Bid Item Description in the download tab.
Please see Attachment F Special Provisions and Bid Item Description in the download tab.
2.1 ENGINEER'S ESTIMATE
The quantities given in the proposal and contract are approximate only, being given as a basis for the comparison of bids. The City does not, expressly or by implication, agree that the actual amount of work will correspond therewith, and reserves the right to increase or decrease the amount of any class or portion of the work, or to omit portions of the work, as may be deemed by the Engineer in the best interest of the City.
2.2 EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF WORK
The bidder shall examine carefully the site of the work contemplated, the plans and specifications, and the proposal and contract forms therefor. 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, the quantities of materials to be furnished, and as to the requirements of the proposal, plans, specifications, and the contract.
Existing improvements visible at the job site, for which no specific provision is made, but which could reasonably be assumed to interfere with the satisfactory completion of the work, shall be maintained, removed and replaced, or disposed of by the Contractor as part of the work. Full compensation for conforming to this requirement shall be considered as included in the contract prices paid for the various contract items of work involved and no additional compensation will be allowed therefor.
The bidder shall upon discovering any error, omission or conflict in the plans and/or specifications immediately call such to the attention of the Engineer.
Neither the City nor the Engineer shall be deemed responsible for any oral clarification nor will same be binding.
2.3 PROPOSALS
The proposal must be made upon the "Proposal Form" supplied by the City. The Proposal shall set forth the item prices and totals, in clearly legible figures, in the representative spaces provided and all blanks shall be filled in. In the event that the product of a unit price and an estimated quantity does not equal the extended amount quoted, the unit price shall govern and the corrected product of the unit price and the estimated quantity shall be deemed to be the amount bid. If the sum of two or more items in a bidding schedule does not equal the total amount quoted, the individual item amounts shall govern and the corrected total shall be deemed to be the amount bid.
The bidder shall sign the proposal. The signatures of all persons signing shall be in long hand. If the proposal is made by an individual, the individual's name and post office address must be shown. If made by a firm or partnership, the name and post office address of each member of the firm or partnership must be shown. If made by a corporation, the proposal shall show the name of the state under the laws of which the corporation was chartered and the names, titles and business addresses of the president, secretary, treasurer and manager.
The Proposal shall be submitted as directed in the "Notice Inviting Sealed Bids" under sealed cover plainly marked as a proposal, and identifying the project to which the proposal relates and the date of the bid opening therefor. Proposals which are not properly marked may be disregarded.
Bids will not be received after the time and date fixed in the public notice for opening bids.
2.4 REQUIRED LISTING OF PROPOSED SUBCONTRACTORS
Each proposal shall have listed therein the name and address of each subcontractor to whom the bidder proposes to subcontract portions of the work in an amount in excess of one-half of one percent of the total amount of the bid, or in the case of bids for the construction of streets or highways, including bridges, in excess of one-half of one percent of the total bid or ten thousand dollars ($10,000), whichever is greater. In addition the proposal shall contain a description of the work, the percent of the total contract, and the license number of each listed subcontractor.
A sheet for listing subcontractors, as required herein, is included in the "Proposal and Contract" portion of the Contract Specifications.
2.5 REJECTION OF PROPOSALS
Proposals may be rejected if they show any alteration of form, additions not called for, conditional bids, incomplete bids, unbalanced bids, erasures, or irregularities of any kind.
When proposals are signed by an agent, other than the officer or officers of a corporation authorized to sign contracts on its behalf or a member of a partnership, a "Power of Attorney" must be on file with the City Clerk prior to opening bids or shall be submitted with the proposal; otherwise, the proposal may be rejected as irregular and unauthorized.
2.6 PROPOSAL GUARANTY
All bids shall be accompanied by one of the following forms of bidder security:
(a) Cash
(b) Cashier's check payable to the City of Watsonville
(c) A certified check payable to the City of Watsonville
(d) A bidder's bond executed by a California admitted surety insurer, made payable to the City of Watsonville.
The security shall be in an amount equal to at least 10 percent of the amount bid. A bid will not be considered unless one of the forms of bidder's security is enclosed with it.
The bidders bond shall be in general conformance with the bond form found in the "Proposal and Contract" portion of the Contract Specifications for the project and shall be properly filled out and executed. The bidder's bond form included in the "Proposal and Contract" portion of the Contract Specifications may be used.
2.7 WITHDRAWAL OF PROPOSALS
Any bid may be withdrawn at any time prior to the time fixed in the public notice for the opening of bids. Bids may be withdrawn only by written request for the withdrawal of the bid filed with the City Clerk. The request shall be executed by the bidder or his duly authorized representative. The withdrawal of a bid does not prejudice the right of the bidder to file a new bid. No bid will be withdrawn after the time and date fixed in the public notice for the opening of bids.
2.8 PUBLIC OPENING OF PROPOSALS
Proposals will be opened and read publicly at the time and place indicated in the "Notice Inviting Sealed Bids". Bidders or their authorized agents are invited to be present.
2.9 RELIEF OF BIDDERS
Attention is directed to the provisions of Government Public Contract Code Section 5100 to 5110 to, inclusive, concerning relief of bidders and in particular to the requirement therein, that if the bidder claims a mistake was made in his bid, the bidder shall give the City written notice within 5 days after the opening of the bids of the alleged mistake, specifying in the notice in detail how the mistake occurred.
2.10 ADDENDA
The Engineer may at any time prior to the bid opening, issue addenda to the plans and specifications to amend, clarify or correct matter contained therein. Such addenda shall constitute a part of said plans and specifications and shall be equally binding with them. Addenda will be forwarded to all prospective bidders, insofar as they are known to the Engineer. Receipt of all such addenda shall be acknowledged on the Proposal or the Proposal shall be deemed an incomplete bid.
2.11 CERTIFICATION OF BIDDER'S EXPERIENCE AND QUALIFICATIONS
The bidder shall provide on the form provided in the "Proposal and Contract" portion of the Contract Specifications a listing of projects that indicate the bidder's experience as a contractor. The bidder shall provide a listing of two (2) projects that the bidder completed in the last seven years of equal or greater complexity and of similar nature to the project for which bids are to be received where the construction costs were at least equal to the Engineer's estimate for the project for which bids are to be received. In addition, the bidder shall provide a listing of five (5) projects completed in the last seven years of equal or greater complexity and similar nature to the project for which bids are to be received where the construction costs were at least one-half of the Engineer's estimate for the project for which bids are to be received. The bidder shall provide the project name, the project owner's name, the construction costs, the construction time, the name of the project owner's representative, the project owner's telephone number and the date of final completion.
The City reserves the right to reject any proposal in which the bidder=s listing of projects, indicating the bidder's experience, does not meet the requirements specified herein.
The bidder shall certify that she or he is, at the time of bidding, and shall be, throughout the period of the contract, licensed by the State of California to do the type of work required under terms of the contract documents. The bidder shall certify that she or he is skilled and has regularly engaged in the general class and type of work called for in the contract documents. The bidder shall certify that she or he is competent, knowledgeable and has special skills relating to the nature, extent and inherent conditions of the work to be performed. The bidder shall further acknowledge that there are certain peculiar and inherent conditions existent in the construction of the particular facilities which may create, during the construction program, unusual or peculiar unsafe conditions hazardous to persons and property. The bidder shall expressly acknowledge that she or he is aware of such peculiar risks and that she or he has the skill and experience to foresee and to adopt protective measures to adequately and safely perform the construction with the respect to such hazards.
2.12 BID PROTEST PROCEDURES
The lack of a prompt procedure to resolve disputes regarding the bidding process would impair the City's ability to carry out its purpose of constructing this Project in a timely manner. Therefore, to the maximum extent authorized by law and notwithstanding any other procedures specified in documents referenced herein, all disputes and/or protests regarding the bidding process shall be subject to the following procedures. In submitting a Bid to the City for this Project, the Bidder agrees to comply with and to be bound by the following Bid protest procedures.
Pre-Bid: If any potential Bidder believes that any part of the form or content of the Contract Documents, including, without limitation, the Bidder experience and qualification requirements, is vague, ambiguous, gives an unfair advantage or unfairly limits competition, such Bidder must give notice and protest on such grounds to the City Representative as soon as practical, but in no event later than ten (10) working days before the original noticed date for receiving Bids. The City shall, within five (5) working days upon receiving any such protest(s), review the same and publish a written response thereto.
Any pre-bid protest shall include:
The procedure and time limits set forth in these Bid protest procedures are mandatory and are the Bidder’s sole and exclusive remedy in the event of a pre-bid protest related to the form or content of the Contract Documents. Failure to comply with these procedures shall constitute a waiver of any right to further pursue the protest, including, without limitation, filing a Bid or award protest on the grounds applicable to a pre-bid protest, filing a Government Code claim or filing legal proceedings.
Bid of Award Protest: Any protest relating to any particular Bid opened by the City or the award of the Contract must be submitted in writing to the City Representative before 5:00 p.m. on the Fifth (5th) working day after the City has received and opened Bids.
3.1 AWARD OF CONTRACT
The City reserves the right to reject any and all proposals and to waive irregularities in the bid procedure and proposals.
The award of the contract, if it is awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements prescribed. Such award, if made, will be made within 45 calendar days after the opening of the proposals.
All bids will be compared on the basis of the Engineer's Estimate of the quantities of work to be done.
3.2 CONTRACT BONDS
Before execution of the contract, the Contractor shall furnish a payment bond and a faithful performance bond. The bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and a California admitted surety insurer secured through an authorized agent with an office in California. Each bond shall be signed by both the Contractor and surety and the signature of the authorized agent of the surety shall be notarized. The Contractor shall pay all bond premiums, costs, and incidentals. Each bond shall be payable to the City of Watsonville. Each such bond shall be accompanied by a County Clerk=s certificate certifying that the surety insurer is a California admitted surety insurer.
3.2.1 Faithful Performance Bond ‑ The Faithful Performance Bond shall be in an amount equal to 100 percent of the contract price and shall be as surety for the faithful performance of the contract, and for the fulfillment of such other requirements as may be provided by law. The faithful performance bond shall remain in effect to guarantee the repair and replacement of defective equipment, materials, and workmanship, and payment of damages sustained by the City on account of such defects, discovered within 1 year after final acceptance by the City, for the work performed under the contact, which shall remain in effect for a period of 1 year, to guarantee the repair and replacement, and payments for damages.
3.2.2 Payment Bond ‑ The Payment Bond shall be in an amount equal to 100 percent of the contract price. The bond shall provide that if the original Contractor or subcontractor fails to pay the claims of laborers, mechanics, or material suppliers employed on the work under the contract, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to such work and labor that the sureties will pay for the same, and also, in case suit is brought upon the bond, a reasonable attorney=s fee, to be fixed by the court. The bond shall be maintained by the Contractor in full force and effect for a minimum of 6 months after the completed work is accepted by the City, and until all claims for materials and labor are paid, and shall otherwise comply with the Government Code.
Attorneys-in-fact, who sign bid bonds or contract bonds, must file with each bond a certified and effectively dated copy of their power of attorney.
The surety company shall familiarize itself with all of the conditions and provisions of this these General Provisions, the Special Provisions and the contract, and waives 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 cancellation of the contract, or of any other act or acts by the City or its authorized agents under the terms of the contract; and failure to so notify the aforesaid surety companies of changes shall not relieve the surety companies of their obligations under the contract.
Should any bond become insufficient, the Contractor shall renew the bond within 20 calendar days after receiving notice from the City.
Should any surety at any time be unsatisfactory to the City, notice will be given the Contractor to that effect. No further payments shall be deemed due or will be made under the contract until a new surety shall qualify and be accepted by the City.
3.3 CITY BUSINESS LICENSE
Before execution of the contract, the Contractor shall have a City Business License.
3.4 EXECUTION OF CONTRACT
The contract shall be signed by the successful bidder and returned, together with the faithful performance bond, the payment bond, the insurance certificate and the City business license, within 10 calendar days, not including Saturdays, Sundays and legal holidays, after the bidder has received the contract for execution.
3.5 FAILURE TO EXECUTE CONTRACT
Failure of the lowest responsible bidder to execute the contract and file acceptable bonds and insurance certificate as provided herein within time span specified after such has received the contract for execution shall be just cause for forfeiture of the proposal guaranty.
3.6 RETURN OF PROPOSAL GUARANTIES
Within 10 calendar days after the award of the contract the City will return all proposal guarantees which accompany proposals which are not to be considered in making the award. All proposal guarantees which are to be considered in making the award will be held until the contract has been executed. Within 10 calendar days after the execution of the contract by the lowest responsible bidder the City will return all proposal guarantees, except bidder's bonds and any guaranties which have been forfeited, to the respective bidders whose proposals they accompany.
4.1 INTENT OF PLANS AND SPECIFICATIONS
The intent of the plans and specifications is to prescribe the details for the construction and completion of the work which the Contractor undertakes to perform in accordance with the terms of the contract. Where the plans or specifications describe portions of the work in general terms, but not in complete detail, it is understood that only the best general practice is to prevail and that only materials and workmanship of the first quality are to be used. Unless otherwise specified, the Contractor shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the contract in a satisfactory and workmanlike manner.
4.2 CLEAN UP
4.2.1 Interim Clean Up - The Contractor shall maintain the construction area, material sites, and all grounds occupied by him in connection with the work in a clean condition and free of trash, rubbish, and excess material.
Spillage resulting from hauling operations along or across any public traveled way shall be removed immediately by the Contractor.
4.2.2 Final Clean Up - Before final inspection of the work, the Contractor shall clean the work area, material sites, and all ground occupied by him in connection with the work of all rubbish, excess materials, falsework, temporary structures, and equipment. All parts of the work shall be left in a neat and presentable condition.
Nothing herein, however, shall require the Contractor to remove warning, regulatory, and guide signs prior to formal acceptance by the City.
Upon failure of the Contractor to comply with the requirements of this section, the City shall arrange for cleanup to be performed by others and will deduct the costs of cleanup from any moneys due or to become due the Contractor.
Full compensation for conforming to all of the provisions in this section shall be considered as included in the prices paid for the various contract items of work and no additional compensation will be allowed therefor.
4.3 CHANGES
The City reserves the right to make such alterations, deviations, additions to or deletions from the plans and specifications, including the right to increase or decrease the quantity of any item or portion of the work or to delete any item or portion of the work, as may be deemed by the Engineer to be necessary or advisable and to require such extra work as may be determined by the Engineer to be required for the proper completion or construction of the whole work contemplated.
Any such changes will be set forth in a contract change order which will specify, in addition to the work to be done in connection with the change made, adjustment of contract time, if any, and the basis of compensation for such work. A contract change order will not become effective until approved by the Engineer.
Upon receipt of an approved contract change order, the Contractor shall proceed with the ordered work. If ordered in writing by the Engineer, the Contractor shall proceed with the work so ordered prior to actual receipt of an approved contract change order therefor. In such cases, the Engineer will, as soon as practicable, issue an approved contract change order for such work and the provisions in Section 4.3.1, "Procedure and Protest," of these General Provisions shall be fully applicable to such subsequently issued contract change order.
When the compensation for an item of work is subject to adjustment under the provisions of this Section 4.3, the Contractor shall, upon request, furnish the Engineer with adequate detailed cost data for such item of work.
4.3.1 Procedure and Protest - A contract change order approved by the Engineer may be issued to the Contractor at any time. Should the Contractor disagree with any terms or conditions set forth in an approved contract change order which he has not executed, he shall submit a written protest to the Engineer within 15 calendar days after the receipt of such approved contract change order. The protest shall state the points of disagreement, and, if possible, the contract specification references, quantities, and costs involved. If a written protest is not submitted, payment will be made as set forth in the approved contract change order and such payment shall constitute full compensation for all work included therein or required thereby.
4.3.2 Increased or Decreased Quantities - Increases or decreases in the quantity of a contract item of work will be determined by comparing the total pay quantity of such item of work with the Engineer's Estimate therefor.
If the total pay quantity of any item of work required under the contract varies from the Engineer's Estimate therefor by 25 percent or less, payment will be made for the quantity of work of said item performed at the contract unit price therefor, unless eligible for adjustment pursuant to Section 4.3.3, "Changes in Character of Work," of these General Provisions.
If the total pay quantity of any item of work required under the contract varies from the Engineer's Estimate therefor by more than 25 percent, in the absence of an executed contract change order specifying the compensation to be paid, the compensation payable to the Contractor will be determined in accordance with Sections 4.3.2(a), 4.3.2(b), or 4.3.2(c), as the case may be.
4.3.2(a) Increases of More Than 25 Percent - Should the total pay quantity of any item of work required under the contract exceed the Engineer's Estimate therefor by more than 25 percent, the work in excess of 125 percent of such estimate will be paid for by one of the following methods:
(a) By adjusting the contract unit price. Such adjustment will be as agreed to by the Contractor and the Engineer and shall be documented by an approved change order.
(b) By force account as provided for in Section 9.3 of these General Provisions.
4.3.2(b) Decreases of More Than 25 Percent - Should the total pay quantity of any item of work required under the contract be less than 75 percent of the Engineer's Estimate therefor, an adjustment pursuant to this Section will not be made unless the Contractor so requests in writing. If the Contractor so requests, the quantity of said item performed will be paid for by one of the following methods:
(a) By adjusting the contract unit price. Such adjustment will be as agreed to by the Contractor and the Engineer and shall be documented by an approved change order.
(b) By force account as provided for in Section 9.3 of these General Provisions.
In no case shall the payment for such work be less than that which would be made at the contract unit price.
The payment for the total pay quantity of such item of work will in no case exceed the payment which would be made for the performance of 75 percent of the Engineer's Estimate of the quantity for such item at the original contract unit price.
4.3.2(c) Eliminated Items - Should any contract item of the work be eliminated in its entirety, in the absence of an executed contract change order covering such elimination, payment will be made to the Contractor for actual costs incurred in connection with such eliminated contract item if incurred prior to the date of notification in writing by the Engineer of such elimination.
If acceptable material is ordered by the Contractor for the eliminated item prior to the date of notification of such elimination by the Engineer, and if orders for such material cannot be canceled, it will be paid for at the actual cost to the Contractor. In such case, the material paid for shall become the property of the City and the actual cost of any further handling will be paid for. If the material is returnable to the vendor and if the Engineer so directs, the material shall be returned and the Contractor will be paid for the actual cost of charges made by the vendor for returning the material. The actual cost of handling returned material will be paid for.
The actual costs or charges to be paid by the City to the Contractor as provided in this Section 4.3.2(c) will be computed in the same manner as if the work were to be paid for on a force account basis as provided in Section 9.3 of these General Provisions.
4.3.3 Changes in Character of Work - If an ordered change in the plans or specifications materially changes the character of the work of a contract item from that on which the Contractor based his bid price, and if the change increases or decreases the actual unit cost of such changed item as compared to the actual or estimated actual unit cost of performing the work of said item in accordance with the plans and specifications originally applicable thereto, in the absence of an executed contract change order specifying the compensation payable, an adjustment in compensation therefor will be made in accordance with the following.
The basis for such adjustment in compensation will be the difference between the actual unit cost to perform the work of said item or portion thereof involved in the change as originally planned and the actual unit cost of performing the work of said item or portion thereof involved in the change, as changed. Actual unit costs will be determined by the Engineer in the same manner as if the work were to be paid for on a force account basis as provided for in Section 9.3 of these General Provisions; or such adjustment will be as agreed to by the Contractor and the Engineer. Any such adjustment will apply only to the portion of the work of said item or portion of item actually changed in character. At the option of the Engineer, the work of said item or portion of item which is changed in character will be paid for by force account as provided in Section 9.3 of these General Provisions.
If the compensation for an item of work is adjusted under this Section 4.3.3, the costs recognized in determining such adjustment shall be excluded from consideration in making an adjustment for such item of work under the provisions in Section 4.3.2, "Increased or Decreased Quantities" of these General Provisions.
Failure of the Engineer to recognize a change in character of the work at the time the approved contract change order is issued shall in nowise be construed as relieving the contractor of his duty and responsibility of filing a written protest within the time limit specified in Section 4.3.1, "Procedure and Protest," of these General Provisions.
4.3.4 Extra Work ‑ New and unforeseen work will be classed as extra work when determined by the Engineer that such work is not covered by any of the various items for which there is a bid price or by combination of such items. In the event portions of such work are determined by the Engineer to be covered by some of the various items for which there is a bid price or combinations of such items, the remaining portion of such work will be classed as extra work. Extra work also includes work specifically designated as extra work in the plans or specifications.
The Contractor shall do such extra work and furnish labor, material, and equipment therefor upon receipt of an approved contract change order or other written order of the Engineer, and in the absence of such approved contract change order or other written order of the Engineer he shall not be entitled to payment for such extra work.
Payment for extra work required to be performed pursuant to the provisions in this Section 4.3.4, in the absence of an executed contract change order, will be made by force account as provided in Section 9.3 of these General Provisions; or as agreed to by the Contractor and the Engineer.
5.1 AUTHORITY OF ENGINEER
The Engineer shall decide all questions which may arise as to the quality or acceptability of materials furnished and work performed and as to the manner of performance and rate of progress of the work; all questions which may arise as to the interpretation of the plans and specifications; all questions as to the acceptable fulfillment of the contract on the part of the Contractor; and all questions as to compensation. His decision shall be final and he shall have authority to enforce and make effective such decisions and orders which the Contractor fails to carry out promptly.
5.2 PLANS AND DRAWINGS
5.2.1 Contract Plans - The contract plans furnished consist of general drawings and show such details as are necessary to give a comprehensive idea of the construction contemplated. All authorized alterations affecting the requirements and information given on the contract plans shall be in writing.
The Contractor shall keep at the work site a copy of the plans and specifications, including addenda and change orders, to which the Engineer shall have access at all times.
The Contractor shall, upon discovering any error, omission or conflict in the plans and/or specifications, immediately call such to the attention of the Engineer.
5.2.2 Working Drawings - The contract plans shall be supplemented by such working drawings prepared by the Contractor as may be necessary to adequately control the work. No change shall be made by the Contractor in any working drawing after it has been approved by the Engineer.
Working drawings shall be approved by the Engineer before any work involving such drawings is performed. It is expressly understood that approval of the Contractor's working drawings shall not relieve the Contractor of any of his responsibility under the contract for the successful completion of the work in conformity with the requirements of the plans and specifications. Such approval shall not operate to waive any of the requirements of the plans and specifications or relieve the Contractor of any obligation thereunder, and defective work, materials and equipment may be rejected notwithstanding such approval.
Working drawings shall be prepared in accordance with current modern engineering practices. Drawings shall be of a size and scale to show clearly all necessary details and shall be submitted to the Engineer for review at least 10 working days before the Contractor begins on the work for which such drawings will be required. Each drawing shall be a good quality transparency, accompanied by 5 prints. If reviewed without change or correction, 3 such copies will be returned to the Contractor. If extensive additions or corrections are required, the Engineer will return 1 marked‑up copy to the Contractor, together with the transparency, for correction and resubmission. Approved transparencies will be retained by the Engineer.
Full compensation for furnishing all working drawings shall be considered as included in the price paid for the contract items of work to which such drawings relate and no additional compensation will be allowed therefor.
5.2.3 Trench Excavation Safety Plans - Excavation for any trench 5 feet or more in depth shall not begin until the Contractor has received approval, from the Engineer, of the Contractor's detailed plan for worker protection from the hazards of caving ground during the excavation of such trench, and any design calculations used in the preparation of such detailed plan. Such detailed plan shall show the details of the design of shoring, bracing, sloping or other provisions to be made for worker protection during such excavation. No such plan shall allow the use of shoring, sloping or a protective system less effective than that required by the Construction Safety Orders of the State of California Division of Occupational Safety and Health. If such plans complies with the shoring systems established by the Construction Safety Orders, the plan shall be submitted at least 5 working days before the Contractor intends to begin excavation on the trench. If such plan varies from shoring system standards established by the Construction Safety Orders, the plan shall be prepared and signed by an engineer who is registered as a Civil Engineer in the State of California, and the plan and design calculations shall be submitted at least 10 working days before the Contractor intends to begin excavation for the trench.
No excavation shall be commenced until the Contractor has obtained a permit from the State of California Division of Occupational Safety and Health. Their office is at 2010 North First Street, Suite 401, San Jose, California, 95131. Telephone number (408) 452-7288. A copy of the permit shall be submitted to the Engineer.
Full compensation for furnishing all plans and calculations as herein required shall be considered as included in the price paid for the contract items of work to which such plans relate and no additional compensation will be allowed therefor.
5.2.4 Record Drawings - The Contractor shall maintain one set of full size prints and mark thereon any deviations from plan dimensions, elevations or orientations. Marked prints shall be updated at least once each week during project construction and shall be available to the Engineer for review as to currency prior to developing partial payment estimates. Upon completion of the job, the Engineer will provide the Contractor with a reproducible copy of the original project plans. The Contractor shall incorporate all changes made to the project onto the reproducible project plans and shall submit same to the Engineer for approval as a condition of acceptance of the project.
5.3 CONFORMITY WITH CONTRACT DOCUMENTS AND ALLOWABLE DEVIATIONS
Work and materials shall conform to the lines, grades, typical cross sections, dimensions and material requirements, including tolerances, shown on the plans or indicated in the specifications. The Engineer shall be the sole judge as to whether the work or materials deviate from the plans and specifications, and his decision as to any allowable deviations therefrom shall be final.
5.4 COORDINATION AND INTERPRETATION OF PLANS, GENERAL PROVISIONS AND SPECIAL PROVISIONS
These General Provisions, the standard plans, project plans, Special Provisions, contract change orders and all supplementary documents are essential parts of the contract, and a requirement occurring in one is as binding as though occurring in all. They are intended to be complementary, and to describe and provide for a complete work.
In the event of any conflict in the provisions thereof, the terms of said documents shall control, each over the other, in the following order:
a. Permits from other agencies as required
b. Supplemental agreements including contract change orders
c. Approved revisions to the plans
d. Addenda
e. Special Provisions
f. Project plans
g. General Provisions
h. City of Watsonville Public Improvement Standards
I. State of California Department of Transportation Standard Plans and Specifications
Should it appear that the work to be done or any of the matters relative thereto are not sufficiently detailed or explained in these General Provisions, the Special Provisions, or the plans, the Contractor shall apply to the Engineer for such further explanations as may be necessary and shall conform to them as part of the contract. In the event of any doubt or question arising respecting the true meaning of these General Provisions, the Special Provisions or the plans, reference shall be made to the Engineer, whose decision thereon shall be final.
In an event of any discrepancy, between any drawing and the figures written thereon, the figures shall be taken as correct. Detail drawings shall prevail over general drawings.
5.5 ORDER OF WORK
When required by the Special Provisions or plans, the Contractor shall follow the sequence of operations as set forth therein.
Full compensation for conforming to such requirements will be considered as included in the prices paid for the various contract items of work and no additional compensation will be allowed therefor.
5.6 SUPERINTENDENCE
The Contractor shall designate in writing before starting work, an authorized representative who shall have the authority to represent and act for the Contractor.
When the Contractor is comprised of 2 or more persons, firms, partnerships, or corporations functioning on a joint venture basis, said Contractor shall designate in writing before starting work, the name of one authorized representative who shall have the authority to represent and act for the Contractor.
Said authorized representative shall be present at the site of the work at all times while work is actually in progress on the contract. The Contractor and his superintendent shall file with the Engineer addresses and telephone numbers where they can be reached when the work is not in progress and during periods when work is suspended.
Whenever the Contractor or his authorized representative is not present on any particular part of the work where it may be desired to give directions, orders will be given by the Engineer, which shall be received and obeyed by the superintendent or foreman who may have charge of the particular work in reference to which the orders are given.
Any order given by the Engineer, not otherwise required by the specifications to be in writing, will upon request of the Contractor, be given or confirmed in writing.
The Contractor is required to provide full time supervision. No costs for this person or his vehicle will be charged to any force account work.
5.7 LINES AND GRADES
The Contractor shall provide all construction surveying, stakes and marks necessary to establish the lines and grades required for the completion of the work specified in these General Provisions, on the plans and in the Special Provisions. All construction surveying herein required shall be performed by a Licensed Surveyor or Registered Civil Engineer currently licensed by the State of California to perform such surveys.
Full compensation for furnishing such surveys, stakes and marks as herein required shall be considered as included in the price paid for the various contract items of work to which such surveys and measurements, stakes and marks relate and no additional compensation will be allowed therefor.
5.8 INSPECTION
The Engineer shall, at all times, have safe access to the work during its construction, and shall be furnished with every reasonable facility for ascertaining that the materials and the workmanship are in accordance with the requirements and intentions of these General Provisions, the Special Provisions, and the plans. All work done and all materials furnished shall be subject to his inspection.
The inspection of the work or materials shall not relieve the Contractor of any of his obligations to fulfill his contract as prescribed. Work and materials not meeting such requirements shall be made good and unsuitable work or materials may be rejected, notwithstanding that such work or materials have been previously inspected by the Engineer or that payment therefor has been included in a progress estimate.
No portion of work shall be covered or concealed in any manner whatsoever without first obtaining an inspection. The cost of uncovering and replacing work and materials not inspected shall be borne by the Contractor.
5.9 REMOVAL OF REJECTED AND UNAUTHORIZED WORK
All work which has been rejected shall be remedied, or removed and replaced by the Contractor in an acceptable manner and no compensation will allowed him for such removal, replacement, or remedial work.
Any work done beyond the limits of work shown on the plans or established by the Engineer, or any extra work done without written authority 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 this Section 5.9, the City may cause rejected or unauthorized work to be remedied, removed or replaced and to deduct the costs from any moneys due or to become due the Contractor.
5.10 CHARACTER OF WORKMEN
If any subcontractor or person employed by the Contractor shall appear to the Engineer to be incompetent or to act in a disorderly or improper manner, he shall be discharged immediately on the request of the Engineer, and such person shall not again be employed on the work.
5.11 DIFFERING SITE CONDITIONS
During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the contract or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract, are encountered at the site, the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before they are disturbed and before the affected work is performed.
Upon written notification, the Engineer will investigate the conditions, and if the Engineer determines that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment, excluding loss of anticipated profits, will be made and the contract modified in writing accordingly. The Engineer will notify the Contractor of his determination whether or not an adjustment of the contract is warranted.
No contract adjustment which results in a benefit to the Contractor will be allowed unless the Contractor has provided the required written notice.
No contract adjustment will be allowed under the provisions specified in this section for any effects caused on unchanged work.
Any contract adjustment warranted due to differing site conditions will be made in accordance with the provisions in section 4.3, "Changes," of these General Provisions, except as otherwise provided.
5.12 PROJECT MEETINGS
The Engineer shall arrange and conduct progress meetings. These meetings shall be conducted at least weekly and shall be attended by the Contractor's superintendent and representatives of all subcontractors, utilities, and others that are active in the execution of the work. The purpose of these meetings shall be to expedite the work of any subcontractor or other organization that is not up to schedule, resolve conflicts, and in general coordinate and expedite the execution of the work.
5.13 FINAL INSPECTION
When the work has been completed and the final cleanup has been performed in accordance with section 4.2.2 of these general provisions, the Contractor shall request in writing a final inspection. If materials, equipment, or workmanship are found which do not meet the terms of the contract, the Engineer shall prepare a punchlist of such items and submit it to the Contractor. Items listed shall be corrected and reinspected. Final determination of acceptability shall be made by the Engineer.
6.1 SOURCE OF SUPPLY AND QUALITY OF MATERIALS
The Contractor shall furnish all materials required to complete the work, except materials that are designated in the Special Provisions to be furnished by the City.
Only materials conforming to the specifications shall be incorporated in the work.
The materials furnished and used shall be new. The materials shall be manufactured, handled, and used in a workmanlike manner to insure completed work in accordance with the plans and specifications.
Materials to be used in the work will be subject to inspection and tests by the Engineer or his designated representative. The Contractor shall furnish without charge such samples as may be required.
Within 10 calendar days after receiving the ANotice to Proceed@ the Contractor shall furnish the Engineer a list of his sources of materials and the locations at which such materials will be available for inspection. The list shall contain the names, addresses and phone numbers of the suppliers. The Engineer may inspect, sample or test materials at the source of supply or other locations. It is understood that inspections and tests if made at any point other than the point of incorporation in the work in no way shall be considered as a guaranty of acceptance of such material nor of continued acceptance of material presumed to be similar to that upon which inspections and tests have been made, and that inspection and testing performed by the City shall not relieve the Contractor or his suppliers of responsibility for quality control.
Manufacturer's warranties, guaranties, instructions sheets and parts lists, which are furnished with certain articles or materials incorporated in the work, shall be delivered to the Engineer before acceptance of the contract.
6.2 CITY FURNISHED MATERIALS
Materials, if furnished by the City, will be made available as designated in the Special Provisions. Unless otherwise specified the cost of loading, unloading, hauling and handling and placing City furnished materials shall be considered as included in the price bid for the contract item involving such City furnished material.
The Contractor shall inspect and assure himself of the amount and soundness of such materials and acknowledge written receipt for same.
The Contractor shall be responsible for all materials furnished to him, and shall pay all demurrage and storage charges. City furnished materials lost or damaged from any cause whatsoever shall be replaced by the Contractor at his expense. The Contractor shall be liable to the City for the cost of replacing City furnished material and such costs may be deducted from any moneys due or to become due the Contractor.
The Contractor shall only obtain water through a metered hydrant. Water for the work may be purchased from the City Water Division at the standard rate for water used. A meter may be obtained from the Water Division with a $700.00 refundable deposit, and a $116 setting fee which is not refundable. The hydrant meter will be installed by City personnel. The Contractor shall be charged for repair or replacement of a damaged or lost meter. The Contractor shall be entitled to only one fire hydrant meter location installation without additional charge.
6.3 STORAGE OF MATERIALS
Articles or materials to be incorporated in the work shall be stored in such a manner as to insure the preservation of their quality and fitness for the work, and to facilitate inspection.
Materials shall be stored so as to protect the public and if necessary shall be suitably fenced. No material shall be stored where it will interfere with the free and safe passage of the public.
Locations for the storage of materials and equipment shall be selected, procured and maintained by the Contractor at his expense. Full compensation for furnishing such storage sites shall be considered as included in the prices paid for the various contract items and no additional compensation will be allowed therefor.
No equipment or materials shall be stored in the traveled right-of-way. When equipment is not in use the equipment shall be stored in a location that provides for a minimum 10 foot wide traffic lane in both directions. When equipment is not in use the equipment shall not be stored within 10 feet of a driveway or intersection. During weekends and holidays all equipment and materials shall be removed from the City right-of-way and stored at the Contractors yard.
6.4 DEFECTIVE MATERIALS
All materials which the Engineer has determined do not conform to the requirements of the plans and specifications will be rejected whether in place or not. They shall be removed immediately from the site of the work, unless otherwise permitted by the Engineer. No rejected material, the defects of which have been subsequently corrected, shall be used in the work, unless approval in writing has been given by the Engineer. Upon failure of the Contractor to comply promptly with any order of the Engineer made under the provisions of this Section 6.4, the Engineer shall have authority to cause the removal and replacement of rejected material and to deduct the cost thereof from any moneys due or to become due the Contractor.
6.5 TRADE NAMES AND ALTERNATIVES
For convenience in designation on the plans or in the specifications, certain articles or materials to be incorporated in the work may be designated under a trade name or the name of a manufacturer and his catalogue information. The use of an alternative article or material which is of equal quality and of the required characteristics for the purpose intended will be permitted, subject to the following requirements:
(a) The burden of proof as to the quality and suitability of alternatives shall be upon the Contractor and he shall furnish all information necessary as required by the Engineer. The Engineer shall be the sole judge as to the quality and suitability of alternative articles or materials and his decision shall be final. Adequate time shall be allowed for the Engineer to make this determination.
(b) The Contractor shall, at his expense, have the material tested as required by the Engineer to determine that the quality, strength, physical, chemical, or other characteristics, including durability, finish efficiency, dimensions, service, uniformity, and suitability are such that the item will fulfill its intended function.
(c) Test methods shall be subject to the approval of the Engineer. Test results shall be reported promptly to the Engineer, who will evaluate the results and determine if the substitute item is equivalent. His findings shall be final. Installation and use of a substitute item shall not be made without written approval of the Engineer.
(d) The cost of any redesign necessitated by the substitution shall be borne by the Contractor.
If a substitute offered by the Contractor is found to be not equal to the specified material, the Contractor shall furnish and install the specified material.
In the event an item is specified for matching, aesthetics, maintenance, interfacing or other reason based on similarity or compatibility with existing or planned facilities, the Contractor shall furnish and install the specified material. These materials shall be identified "no substitute accepted".
The specified contract completion time shall not be affected by any circumstances developing from the provisions of this section.
6.6 CERTIFICATES OF COMPLIANCE
A Certificate of Compliance shall be furnished prior to the use of any materials for which the Special Provisions require that such a certificate be furnished. In addition, when so authorized in the Special Provisions, the Engineer may permit the use of certain materials or assemblies prior to sampling and testing if accompanied by a Certificate of Compliance. The Certificate shall be signed by the manufacturer of the material or the manufacturer of assembled materials and shall state that the materials involved comply in all respects with the requirements of the specifications. A Certificate of Compliance shall be furnished with each lot of material delivered to the work and the lot so certified shall be clearly identified in the certificate.
All materials used on the basis of a Certificate of Compliance may be sampled and tested at any time. The fact that material is used on the basis of a Certificate of Compliance shall not relieve the Contractor of responsibility for incorporating material in the work which conforms to the requirements of the plans and specifications and any such material not conforming to such will be subject to rejection whether in place or not.
The City reserves the right to refuse to permit the use of material on the basis of a Certificate of Compliance.
The form of the Certificate of Compliance and its disposition shall be as directed by the Engineer.
6.7 TESTING
6.7.1 General - Unless otherwise specified, all tests shall be performed in accordance the methods used by the City and shall be made by the Engineer or his designated representative.
All compaction and sand equivalency testing shall be done in accordance with Cal-Impact test methods No. 216 and No. 217.
The State of California Department of Transportation has developed methods for the testing the quality of materials and work. The methods are identified by number and are referred to as California Test. Whenever a reference is made in the specifications to a California Test by number, it shall mean the California Test in effect on the day the Notice Inviting Sealed Bids for the work is dated.
The manufacture's test reports shall supplement the inspection, sampling and testing provisions in Section 6, "Control of Materials," of these General Provisions and shall not constitute a waiver of the City's right to inspect.
All initial testing shall be at no cost to the Contractor. Any retesting shall be at the Contractor's expense.
6.7.2 Submittals - Within 10 calendar days after receiving the "Notice to Proceed", before any materials are purchased, brought to the site or installed, the Contractor shall furnish, without charge, samples of all materials entering the work, and no material shall be used prior to approval by the Engineer, except as provide for in Section 6.6, "Certificate of Compliance," of these General Provisions. When it is not practical to submit samples the Contractor shall submit sufficient information including assembly and detail drawings, manufacturers' specifications and performance data to demonstrate that the materials or equipment comply with the provisions and intent of the plans, specifications and contract documents. The Contractor shall provide to the City 6 sets of submittals for approval. After approval 3 sets will be returned to the Contractor.
The Contractor shall have no claim for damages or extension of time resulting from a delay in the work due to the rejection of any material or equipment. Approval by the Engineer shall not relieve the Contractor from his responsibility to furnish materials and equipment of proper dimension, size, quantity, quality, and performance characteristics necessary to meet the requirements and intent of the contract documents.
6.7.3 Testing by Contractor - The Contractor shall be responsible for controlling the quality of the material entering into the work, and of the work performed, and shall perform testing as necessary to ensure such control. The test methods used for such quality control testing shall be as determined by the Contractor. The results of such testing shall be made available to the Engineer upon request. Such tests are for the Contractor's use in controlling the work and will not be accepted for use as acceptance tests.
Full compensation for performing such tests and making the results available to the Engineer shall be considered as included in the contract prices paid for the various items of work involved and no additional compensation will be allowed therefor.
7.1 LAWS TO BE OBSERVED
The Contractor shall keep himself fully informed of all existing and future State and Federal laws and County, City and municipal ordinances and regulations which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. He shall at all times observe and comply with, and shall cause all his agents and employees to observe and comply with all such existing and future laws, ordinances, regulations, orders and decrees of bodies or tribunals having any jurisdiction or authority over the work; and shall protect and indemnify the City of Watsonville, and all officers and employees thereof connected with the work, including but not limited to the Public Works/Utilities Director and the Engineer, against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree, whether by himself or his employees. If any discrepancy or inconsistency is discovered in the plans, drawings, specifications, or contract for the work in relation to any such law, ordinance, regulation, order or decree the Contractor shall forthwith report the same to the Engineer in writing.
7.1.1 Labor Code Requirements - Attention is directed to the following requirements of the Labor Code:
7.1.1(a) Hours of Labor - Eight hours labor constitutes a legal day's work. The Contractor shall forfeit, as a penalty to the City of Watsonville, $25 for each workman employed in the execution of the contract by the Contractor or any subcontractor under him for each calendar day during which such workman is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of the Labor Code, and in particular, Section 1810 to Section 1815, thereof, inclusive, except that work performed by employees of Contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half times the basic rate of pay, as provided in said Section 1815.
7.1.1(b) Prevailing Wage - The Contractor shall comply with Labor Code Sections 1774 and 1775. Pursuant to said Section 1775 the Contractor shall forfeit to the City of Watsonville a penalty of $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 him/her or by any subcontractor under him/her in violation of the provisions of the Labor Code and in particular, Labor Code Sections 1770 to 1780, inclusive. In addition to said penalty and pursuant to said Section 1775, the difference between such prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the Contractor.
Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the Public Works/Utilities Department has obtained the general prevailing rate of wages (which rate includes employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.8 of said Code, apprenticeship or other training programs authorized by Section 3093 of said Code, and similar purposes) applicable to the work to be done, for straight time, overtime, Saturday, Sunday and holiday work. The holiday wage rate shall be applicable to all holidays recognized in the collective bargaining agreement of the particular craft, classification or type of workmen concerned. These wage rates are on file at the Department of Public Works/Utilities, 250 Main Street, Watsonville, California, 95076.
Pursuant to Section 1773.2 of the Labor Code, general prevailing wage rates shall be posted by the Contractor at a prominent place at the site of the work.
The City will not recognize any claim for additional compensation because of the payment by the Contractor of any wage rate in excess of the prevailing wage rate. The possibility of wage increases is one of the elements to be considered by the Contractor in determining his bid, and will not under any circumstances be considered as the basis of a claim against the City on the contract.
7.1.1(c) Travel and Subsistence Payments - Attention is directed to the requirements of Section 1773.8 of the Labor Code. The Contractor shall make travel and subsistence payments to each workman, needed to execute the work, in accordance with the requirements in said Section 1773.8.
7.1.1(d) Payroll Records - The Contractor's attention is directed to the provisions of Labor Code Section 1776, a portion of which is quoted below. Regulations implementing said Section 1776 are located in Sections 16016 through 16019 and Sections 16207.10 through 16207.19 of Title 8, California Code of Regulations. The Contractor shall be responsible for compliance by his subcontractors.
"(a) Each Contractor and 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 public work.
"(b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis:
(1) A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or his or her authorized representative on request.
(2) A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to a representative of the body awarding the contract, the Division of Standards Enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations.
(3) A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request by the public for inspection or copies thereof made; provided, however, that a request by the public shall be made through either the body awarding the contract, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph (2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by the Contractor, subcontractors, and the entity through which the request was made. The public shall not be given access to the records at the principal office of the Contractor.
"(c) Each Contractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested the records within 10 days after receipt of a written request.
"(d) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the awarding body, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address and social security number. The name and address of the Contractor awarded the contract or performing the contract shall not be marked or obliterated.
"(e) The Contractor shall inform the body awarding the contract of the location of the records enumerated under subdivision (a), including the street address, city and county, and shall, within five working days, provide a notice of a change of location and address.
"(f) In the event of noncompliance with the requirements of this section, the Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects the Contractor must comply with this section. Should noncompliance still be evident after the 10‑day period, the Contractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit twenty-five dollars ($25) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due."
The penalties specified in subdivision (f) of Labor Code Section 1776 for noncompliance with the provisions of said Section 1776 may be deducted from any moneys due or which may become due to the Contractor.
A copy of all payrolls shall be submitted weekly to the Engineer. Payrolls shall contain the full name, address and social security number of each employee, his correct classification, rate of pay, daily and weekly number of hours worked, itemized deductions made and actual wages paid. They shall also indicate apprentices and ratio of apprentices to journeymen. The employee's address and social security number need only appear on the first payroll on which his name appears. The payroll shall be accompanied by a "Statement of Compliance" signed by the employer or his agent indicating that the payrolls are correct and complete and that the wage rates contained therein are not less than those required by the contract. The "Statement of Compliance" shall be on forms approved by the Engineer. The Contractor shall be responsible for the submission of copies of payrolls of all subcontractors.
If by the 15th of the month, the Contractor has not submitted satisfactory payrolls for all work performed during the monthly period ending on or before the 1st of that month, the City will retain an amount equal to 10 percent of the estimated value of the work performed (exclusive of Mobilization) during the month from the next monthly estimate, except that such retention shall not exceed $10,000 nor be less than $1,000. Retentions for failure to submit satisfactory payrolls shall be additional to all other retentions provided for in the contract. The retention for failure to submit payrolls for any monthly period will be released for payment on the monthly estimate for partial payments next following the date that all the satisfactory payrolls for which the retention was made are submitted.
The Contractor and each subcontractor shall preserve their payroll records for a period of 3 years from the date of completion of the contract.
7.1.1(e) Labor Nondiscrimination - Attention is directed to Section 1735 of the Labor Code, which reads as follows:
"No discrimination shall be made in the employment of persons upon public works because of the race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, or sex of such persons, except as provided in Section 12940 of the Government Code, and every Contractor for public works violating this section is subject to all the penalties imposed for a violation of this chapter."
Attention is directed to the following "Nondiscrimination Clause" that is required by Chapter 5 of Division 4 of Title 2, California Code of Regulations.
NONDISCRIMINATION CLAUSE
1. During the performance of this contract, Contractor and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age (over 40) or sex. Contractors and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. Contractors and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, Section 12990 et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations Title 2, Section 7285.O et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12990, set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this contract by reference and made a part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
2. This Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the contract.
STANDARD CALIFORNIA NONDISCRIMINATION CONSTRUCTION
CONTRACT SPECIFICATIONS (GOV. CODE, SECTION 12990).
These specifications are applicable to all state contractors and subcontractors having a construction contract or subcontract of $5,000, or more.
1. As used in the specifications:
a. "Administrator" means Administrator, office of Compliance Programs, California Department of Fair Employment and Housing, or any person to whom the Administrator delegates authority;
b. "Minority" includes:
(I) Black (all persons having primary origins in any of the black racial groups of Africa, but not of Hispanic origin);
(ii) Hispanic (all persons of primary culture or origin in Mexico, Puerto Rico, Cuba, Central or South America or other Spanish derived culture or origin regardless of race);
(iii) Asian / Pacific Islander (all persons having primary origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent or the Pacific Islands); and
(iv) American Indian / Alaskan Native (all persons having primary origins in any of the original peoples of North America and who maintain culture identification through tribal affiliation or community recognition).
2. Whenever the Contractor or any subcontractor subcontracts a portion of the work, it shall physically include in each subcontract of $5,000 or more the nondiscrimination clause in this contract directly or through incorporation by reference. Any subcontract for work involving a construction trade shall also include the Standard California Construction Contract Specifications, either directly or through incorporation by reference.
3. The Contractor shall implement the specific nondiscrimination standards provided in paragraph 6(a) through (e) of these specifications.
4. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Government Code, Section 12990, or the regulations promulgated pursuant thereto.
5. In order for the nonworking training hours of apprentices and trainees to be counted, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor or the California Department of Industrial Relations.
6. The Contractor shall take specific actions to implement its nondiscrimination program. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor must be able to demonstrate fully its efforts under Steps a. through e. below:
a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and at all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other on‑site supervisory personnel are aware of and carry out the Contractor's obligations to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities.
b. Provide written notification within seven days to the director of DFEH when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations.
c. Disseminate the Contractor's equal employment opportunity policy by providing notice of the policy to unions and training, recruitment and outreach programs and requesting their cooperation in assisting the Contractor to meet its obligations; and by posting the company policy on bulletin boards accessible to all employees at each location where construction work is performed.
d. Ensure all personnel making management and employment decisions regarding hiring, assignment, layoff, termination, conditions of work, training, rates of pay or other employment decisions, including all supervisory personnel, superintendents, general foremen, on‑site foremen, etc., are aware of the Contractor's equal employment opportunity policy and obligations, and discharge their responsibilities accordingly.
e. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the equal employment opportunity policy and the Contractor's obligations under these specifications are being carried out.
7. Contractors are encouraged to participate in voluntary associations which assist in fulfilling their equal employment opportunity obligations. The efforts of a Contractor association, joint Contractor‑union, Contractor‑community, or other similar group of which the Contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under these specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's.
8. The Contractor is required to provide equal employment opportunity for all minority groups, both male and female, and all women, both minority and non‑minority. Consequently, the Contractor may be in violation of the Fair Employment and Housing Act (Gov. Code, Section 12990 et seq.) if a particular group is employed in a substantially disparate manner.
9. Establishment and implementation of a bona fide affirmative action plan pursuant to Section 8104 (b) of this Chapter shall create a rebuttal presumption that a Contractor is in compliance with the requirements of Section 12990 of the Government Code and its implementing regulations.
10. The Contractor shall not use the nondiscrimination standards to discriminate against any person because of race, color, religion, sex, national origin, ancestry, physical handicap, medical condition, marital status or age over 40.
11. The Contractor shall not enter into any subcontract with any person or firm decertified from state contracts pursuant to Government Code Section 12990.
12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and the nondiscrimination clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Government Code Section 12990 and its implementing regulations by the awarding agency. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Government Code Section 12990.
13. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company equal employment opportunity policy is being carried out, to submit reports relating to the provisions hereof as may be required by OCP and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status, (e.g., mechanic, apprentice trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in any easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records.
NOTE: Authority cited: Sections 12935(a) and 12990(d), Government Code. References: Section 12990, Government Code.
7.1.1(f) Apprentices - Attention is directed to Sections 1777.5, 1777.6 and 1777.7 of the California Labor Code and Title 8, California Code of Regulations Section 200 et seq. To insure compliance and complete understanding of the law regarding apprentices, and specifically the required ratio thereunder, each Contractor or subcontractor should, where some question exists, contact the Division of Apprenticeship Standards, 525 Golden Gate Avenue, San Francisco, California, or one of its branch offices prior to commencement of work on the public works contract. Responsibility for compliance with this section lies with the Contractor.
It is City policy to encourage the employment and training of apprentices on public works contracts as may be permitted under local apprenticeship standards.
7.1.1(g) Workers' Compensation - Pursuant to the requirements of Section 1860 of the Labor Code, the Contractor will be required to secure the payment of workers' compensation to his employees in accordance with the provisions of Section 3700 of the Labor Code.
Prior to the commencement of work, the Contractor shall sign and file with the Engineer a certification in the following form:
"I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self‑insurance in accordance with the provisions of that code, and I will comply with such provisions and furnish proof of said insurance before commencing the performance of the work of this contract."
Said certification is included in the contract, and signature and return of the contract as provided in Section 3.4, "Execution of Contract," of these General Provisions shall constitute signing and filing of the said certificate.
7.1.1(h) Suits to Recover Penalties and Forfeitures - Attention is directed to Sections 1730 to 1733, inclusive, of the Labor Code concerning suits to recover amounts withheld from payment for failure to comply with requirements of the Labor Code or contract provisions based on such laws.
Said sections provide that a suit on the contract for alleged breach thereof in not making the payment is the exclusive remedy of the Contractor or his assignees with reference to amounts withheld for such penalties or forfeitures; and that such suit must be commenced and actual notice thereof received by the awarding authority prior to 90 days after completion of the contract and the formal acceptance of the job.
Submission of a claim under Section 9.7, "Final Payment and Claims," of these General Provisions for the amounts withheld from payment for such penalties and forfeitures is not a prerequisite for such suits and such claims will not be considered.
7.1.1(i) Public Works Contractor Registration - Pursuant to Section 1771.1 of the California Labor Code, no contractor or subcontractor shall be qualified to bid on, be listed in a bid proposal, or engage in the performance of any contract for public work unless currently registered with the Department of Industrial Relations to perform public work pursuant to Section 1725.5 of the Labor Code.
It shall not be 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 Sections 10164 or 20103.5 of the Public Contract Code, provided the contactor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.
No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.
Bidders and their subcontractors (listed on Subcontractors List) must provide their active Public Works Contractor Registration number in the designated areas on the bid forms. City will confirm active PWC registration through the online DIR contractor lookup tool.
All contractors and subcontractors must furnish electronic certified payroll records directly to the Labor Commissioner (aka Division of Labor Standards Enforcement). Additionally, the awarded Contractor shall submit certified payroll records to the City.
In addition, awarded Contractor must post jobsite notices prescribed by regulations.
7.1.2 Fair Labor Standards Act - The attention of bidders is invited to the fact that contractors engaged in the work are required to meet the provisions of the Fair Labor Standards Act of 1938 and as amended (52 Stat. 1060).
7.1.3 Contractor's Licensing Laws - Attention is directed to the provisions of Chapter 9 of Division 3 of the Business and Professions Code concerning the licensing of contractors.
All bidders and contractors shall be licensed in accordance with the laws of this State and any bidder or Contractor not so licensed is subject to the penalties imposed by such laws.
7.1.4 Vehicle Code - Pursuant to the authority contained in Vehicle Code Section 591, the Public Works/Utilities Department has determined that within such areas as are within the limits of the project and are open to public traffic, the Contractor shall comply with all the requirements set forth in Divisions 11, 12, 13, 14 and 15 of the Vehicle Code.
Attention is directed to the statement in said Section 591 that this section shall not relieve him or any person from the duty of exercising due care. The Contractor shall take all necessary precautions for safe operation of his equipment and the protection of the public from injury and damage from such equipment.
7.1.5 Air Pollution Control - The Contractor shall comply with all air pollution control rules, regulations, ordinances and statutes which apply to any work performed pursuant to the contract, including any air pollution control rules, regulations, ordinances and statutes, specified in Section 11017 of the Government Code.
Unless otherwise provided in the Special Provisions, material to be disposed of shall not be burned.
7.1.6 Water Pollution - The Contractor shall exercise every reasonable precaution to protect streams, lakes, reservoirs, bays, and coastal waters from pollution with fuels, oils, bitumens, calcium chloride and other harmful materials and shall conduct and schedule his operations so as to avoid or minimize muddying and silting of said streams, lakes, reservoirs, bays and coastal waters. Care shall be exercised to preserve roadside vegetation beyond the limits of construction.
Water pollution control work is intended to provide prevention, control, and abatement of water pollution to streams, waterways, and other bodies of water, and shall consist of constructing those facilities which may be shown on the plans or in the Special Provisions, or directed by the Engineer.
In order to provide effective and continuous control of water pollution it may be necessary for the Contractor to perform the contract work in small or multiple units, on an out of phase schedule, and with modified construction procedures. The Contractor shall provide temporary water pollution control measures, including but not limited to, dikes, basins, ditches, and applying straw and seed, which become necessary as a result of his operations. The Contractor shall coordinate water pollution control work with all other work done on the contract.
If the measures being taken by the Contractor are inadequate to control water pollution effectively, the Engineer may direct the Contractor to revise his operations and his water pollution control program. Such directions will be in writing and will specify the items of work for which the Contractor's water pollution control measures are inadequate. No further work shall be performed on said items until the water pollution control measures are adequate.
Nothing in the terms of the contract nor in the provisions in this section shall relieve the Contractor of the responsibility for compliance with Sections 5650 and 12015 of the Fish and Game Code, or other applicable statutes relating to prevention or abatement of water pollution.
Compliance with the requirements of this section 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 of property.
Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various items of work and no additional compensation will be allowed therefor.
7.1.7 Use of Pesticides - The Contractor shall comply with all rules and regulations of the Department of Food and Agriculture, the Department of Health, the Department of Industrial Relations and all other agencies which govern the use of pesticides required in the performance of the work on the contract.
Pesticides shall include but shall not be limited to herbicides, insecticides, fungicides, rodenticides, germicides, nematocides, bactericides, inhibitors, fumigants, defoliants, desiccants, soil sterilants, and repellents.
Any substance or mixture of substances intended for preventing, repelling, mitigating, or destroying weeds, insects, diseases, rodents, or nematodes and any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant shall be considered a pesticide.
7.1.8 Sound Control Requirements - The Contractor shall comply with all local sound control and noise level rules, regulations and ordinances.
Each internal combustion engine, used for any purpose on the job or related to the job, shall be equipped with a muffler of a type recommended by the manufacturer. No internal combustion engine shall be operated on the project without said muffler.
Between the hours of 7:00 P.M. and 7:00 A.M. the noise level from the Contractor's operation shall not exceed 86 dBA at a distance of 50 feet.
7.1.9 Assignment of Antitrust Actions - The Contractor's attention is directed to the following provisions of Public Contract Code 7103.5 and Government Code Sections 4553 and 4554, which shall be applicable to the Contractor and his subcontractors:
"In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the Contractor or subcontractor offers and agrees to assign to the 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 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 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.
"If an awarding body or public purchasing body receives, either through judgement or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery.
"Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action."
7.2 PAYMENT OF TAXES
The contract prices paid for the work shall include full compensation for all taxes which the Contractor is required to pay, whether imposed by Federal, State or local government, including, without being limited to, Federal excise tax.
7.3 PERMITS AND LICENSES
The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary and incident to the due and lawful prosecution of the work.
The Environmental Quality Act (Public Resources Code, Sections 21000 to 21176, inclusive) may be applicable to permits, licenses and other authorizations which the Contractor must obtain from local agencies in connection with performing the work of the contract. The Contractor shall comply with the provisions of said statutes in obtaining such permits, licenses and other authorizations and they shall be obtained in sufficient time to prevent delays to the work.
In the event that the Public Works/Utilities Department has obtained permits, licenses or other authorizations, applicable to the work, in conformance with the requirements in said Environmental Quality Act, the Contractor shall comply with the provisions of said permits, licenses and other authorizations.
7.4 PATENTS
The Contractor shall assume all costs arising from the use of patented materials, equipment, devices, or processes used on or incorporated in the work, and agrees to indemnify and save harmless the City of Watsonville, the Public Works/Utilities Director, the Engineer, and their duly authorized representatives, from all suits at law, or actions of every nature for, or on account of the use of any patented materials, equipment, devices, or processes.
7.5 SAFETY AND HEALTH PROVISIONS
The Contractor shall conform to all applicable occupational safety and health standards, rules, regulations and orders established by the State of California.
All working areas utilized by the Contractor to perform work during the hours of darkness, shall be lighted to conform to the minimum illumination intensities established by California Division of Occupational Safety and Health Construction Safety orders. All lighting fixtures shall be mounted and directed in a manner precluding glare to approaching traffic.
7.5.1 Confined Spaces - The Contractor shall rigidly adhere to the requirements specified in Article 108, Title 8 of the California Administrative Code.
Full compensation for conforming to the requirements of this section shall be considered as included in the contract prices paid for the various items of work involved and no separate payment will be made therefor.
7.6 PUBLIC CONVENIENCE
Attention is directed to Section 7.7, "Public Safety," of these General Provisions for provisions relating to the Contractor's responsibility for the safety of the public. The requirements in said Section 7.7 are in addition to the requirements of this Section 7.6 and the Contractor will not be relieved of his responsibilities as set forth in said Section 7.7 by reason of his conformance with any of the provisions in this Section 7.6.
No roads shall be closed prior to receipt of written authorization from the Public Works/Utilities Director.
The Contractor shall so conduct his operations as to offer the least possible obstruction and inconvenience to the public and he shall have under construction no greater amount of work than he can prosecute properly with due regard to the rights of the public.
Construction operations shall be conducted in such a manner as to cause as little inconvenience as possible to abutting property owners.
Convenient access to driveways, houses, and buildings along the line of the work shall be maintained.
The work shall be conducted in such manner as to provide a reasonably smooth and even surfaced roadway satisfactory for use by public traffic at all times.
Existing traffic signals and roadway lighting shall be kept in operation for the benefit of the traveling public during progress of the work.
The Contractor will not be allowed any compensation due to any delay, hindrance, or inconvenience to his operations caused by public traffic.
Full compensation for conforming to the requirements in this Section 7.6 shall be considered as included in the prices paid for the various contract items of work and no additional compensation will be allowed therefor.
7.7 PUBLIC SAFETY
It is the Contractor's responsibility to provide for the safety of traffic and the public during construction. Attention is directed to Section 7.9, "Responsibility for Damage," and Section 7.6, "Public Convenience," of these General Provisions.
Whenever the Contractor's operations create a condition hazardous to traffic or to the public, he shall, at his expense and without cost to the City, furnish, erect and maintain such fences, temporary railing (Type K), barricades, lights, signs and other devices and take such other protective measures as are necessary to prevent accidents or damage or injury to the public.
The Contractor shall also furnish such flaggers as are necessary to give adequate warning to traffic or to the public of any dangerous conditions to be encountered.
Signs, lights, flags, and other warning and safety devices and their use shall conform to the requirements set forth in the current revision of the State of California, Department of Transportation Manual of Traffic Controls. Signs or other protective devices furnished and erected by the Contractor shall not obscure the visibility of, nor conflict in intent, meaning and function of either existing signs, lights and traffic control devices or any construction area signs and traffic control devices. Signs furnished and erected by the Contractor shall be approved by the Engineer as to size, wording and location.
The installation of general roadway illumination shall not relieve the Contractor of his responsibility for furnishing and maintaining of the protective facilities.
All movements of workmen and construction equipment on or across lanes open to public traffic shall be performed in a manner that will not endanger public traffic.
No material or equipment shall be stored where it will interfere with the free and safe passage of public traffic, and at the end of each day's work and at other times when construction operations are suspended for any reason, the Contractor shall remove all equipment and other obstructions from that portion of the roadway open for use by public traffic.
Temporary facilities which the Contractor uses to perform the work shall not be installed or placed where they will interfere with the free and safe passage of public traffic.
Temporary facilities which could be a hazard to public safety if improperly designed shall comply with design requirements specified in the contract for such facilities or, if none are specified, with standard design criteria or codes appropriate for the facility involved. Working drawings and design calculations for such temporary facilities shall be prepared and signed by an engineer who is registered as a Civil Engineer in the State of California and shall be submitted to the Engineer for approval pursuant to Section 5.2.2, "Working Drawings," of these General Provisions. Such submittals shall designate thereon the standard design criteria or codes used. Installation of such temporary facilities shall not start until the Engineer has reviewed and approved the drawings.
Should the Contractor appear to be neglectful or negligent in furnishing warning devices and taking protective measures as above provided, the Engineer may direct attention to the existence of a hazard and the necessary warning devices shall be furnished and installed and protective measures taken by the Contractor at his expense. Should the Engineer point out the inadequacy of warning devices and protective measures, such action on the part of the Engineer shall not relieve the Contractor from responsibility for public safety or abrogate his obligation to furnish and pay for these devices and measures.
Full compensation for conforming to all of the provisions in this Section 7.7 shall be considered as included in the prices paid for the various contract items of work and no additional compensation will be allowed therefor.
7.8 PRESERVATION OF PROPERTY
Attention is directed to Section 7.9, Responsibility for Damage," and to Section 8.9, "Utility and Other Facilities," of these General Provisions. Due care shall be exercised to avoid injury to existing improvements or facilities, utility facilities, adjacent property, and roadside trees, shrubs, and other plants that are not to be removed.
Roadside trees, shrubs, and other plants that are not to be removed, and pole lines, fences, signs, markers and monuments, buildings and structures, conduits, pipelines under or above ground, sewer and water lines, all roadway facilities, and any other improvements or facilities within or adjacent to the work shall be protected from injury or damage, and if ordered by the Engineer, the Contractor shall provide and install suitable safeguards, approved by the Engineer, to protect such objects from injury or damage. If such objects are injured or damaged by reason of the Contractor's operations, they shall be replaced or restored at the Contractor's expense. The facilities shall be replaced or restored to a condition as good as when the Contractor entered upon the work, or as good as required by the specifications accompanying the contract, if any such objects are a part of the work being performed under the contract. The Engineer may make or cause to be made such temporary repairs as are necessary to restore to service any damaged facility. The cost of such repairs shall be borne by the Contractor and may be deducted from any moneys due or to become due to the Contractor under the contract.
Contractor is responsible for preservation and/or perpetuation of all existing monuments which control subdivisions, tracts, boundaries, streets, highways, or other rights-of-way, easements or provide survey control which will be disturbed or removed due to contractor’s work. Contractor shall provide notice to project engineer prior to disturbance or removal of existing monuments. Project engineer shall coordinate with contractor to reset monuments, or provide permanent witness monuments and file the required documentation with the County Recorder’s Office pursuant to Business and Professions Code section 8771.
The fact that any underground facility is not shown upon the plans shall not relieve the Contractor of his responsibility under Section 8.9, "Utility and Other Facilities," of these General Provisions. It shall be the Contractor's responsibility, pursuant thereto, to ascertain the location of such underground improvements or facilities which may be subject to damage by reason of his operations.
The Contractor shall notify the respective utility immediately upon damaging any facility.
The Contractor shall fix all water line breaks without delay. Repairs shall be made in accordance with the City of Watsonville Water Division Standard Specifications which are available through the Public Works/Utilities Department. The Contractor shall notify the City of Watsonville Water Division (telephone number 728-6133) when working on any of its facilities and shall not backfill or cover any water line or service that has been worked on prior to inspection by the City Water Division. The Contractor shall not operate any City water valves. The City Water Division will operate all valves. The City may have a stockpile of materials that the Contractor may purchase at the City's cost to facilitate the fix of most water line or service breaks. The replacement of materials used with identical materials may be approved.
Full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in protecting or repairing property as specified in this Section 7.8, shall be considered as included in the prices paid for the various contract items of work and no additional compensation will be allowed therefor.
7.9 RESPONSIBILITY FOR DAMAGE
The City of Watsonville and all officers and employees thereof connected with the work, including but not limited to the Director of Public Works/Utilities, shall not be answerable or accountable in any manner: for any loss or damage that may happen to the work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the work; for injury to or death of any person, either workers or the public; or for damage to property from any cause which might have been prevented by the Contractor, or the Contractor=s workers, or anyone employed by the Contractor.
The Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person including but not limited to workers and the public, or damage to property resulting from defects or obstructions or from any cause whatsoever during the progress of the work or at any time before its completion and final acceptance.
The Contractor shall indemnify and save harmless the City of Watsonville and all officers and employees thereof connected with the work, including but not limited to the Director of Public Works/Utilities, from all claims, suits or actions of every name, kind and description, brought forth, or on account of, injuries to or death of any person including but not limited to workers and the public, or damage to property resulting from the performance of a contract, except as otherwise provided by statute. The duty of the Contractor to indemnify and save harmless includes the duties to defend as set forth in Section 2778 of the Civil Code.
With respect to third party claims against the Contractor, the Contractor waives any and all rights to any type of express or implied indemnity against the City, its officers or employees.
It is the intent of the parties that the Contractor will indemnify and hold harmless the City, its officers and employees from any and all claims, suits or actions as set forth above regardless of the existence or degree of fault or negligence on the part of the City, the Contractor, the subcontractor or employee of any of these, other than the active negligence of the City, its officers and employees.
7.9.1 Insurance - The Contractor shall provide and maintain in full force and effect for the duration of the contract Bodily Injury Liability, Property Damage Liability and Automobile insurance.
Where the work performed involves the use of mechanical equipment for the purpose of grading of land, excavating, paving or drilling, the policy shall include coverage for liability of the insured for injury to or destruction of wires, conduits, pipes, mains, sewers, or other similar property, or any apparatus in connection therewith, below the surface of the ground, whether owned by third parties or the City of Watsonville. The policy shall not contain the so-called "x" "c" "u" exclusions. The minimum limits of liability for this insurance shall be as follows:
$1,000,000 $1,000,000
Bodily Injury Liability .... Each Person Each occurrence
$1,000,000 $1,000,000
Property Damage Liability... Each occurrence Aggregate
$1,000,000 $1,000,000
Automobile Liability ....... Each person Each occurrence
The policy shall contain an Additional Insured Endorsement to the Contractor's Liability insurance policy naming the City of Watsonville and its officers and employees as additional insured.
Such insurance shall be issued by a company or companies authorized to transact business in the State of California.
The automobile liability policy shall include all auto exposure whether owned or non‑owned, hired, rented, or leased.
Insurance coverage in the minimum amounts set forth herein shall not be construed to relieve the Contractor for liability in excess of such coverage, nor shall it preclude the City from taking such other actions as is available to it under any other provision of this contract or otherwise in law.
Nothing in the contract is intended to create the public or any member thereof a third party beneficiary hereunder, nor is any term and condition or other provision of the contract intended to establish a standard of care owed to the public or any member thereof.
The policy shall include a "Severability of Interest" provision.
If such policies are canceled or changed during the period of coverage 30 days written notice by certified mail, return receipt requested, shall be given to the City of Watsonville. The certificate cancellation paragraph must state: "The insurance company will notify the City of Watsonville in writing 30 days prior to canceling the stated policy".
Evidence of insurance in compliance with the requirements herein shall be furnished to the City utilizing the CG 20 10 11 85 Certificate of Insurance form. A sample copy of the CG 20 10 11 85 Certificate of Insurance form is included in AProposal and Contract@ portion of the project specifications.
7.9.2 Legal Actions Against the City - In the event litigation is brought against the City concerning compliance by the City with State, Federal, or local laws, rules or regulations applicable to the work, the provisions of this Section 7.9.2 shall apply.
(A) If, pursuant to court order, the City prohibits the Contractor from performing all or any portion of the work, the delay will be considered a right of way delay within the meaning of Section 8.8, "Right of Way Delays," of these General Provisions unless the contract is terminated as hereinafter provided.
(B) If, pursuant to court order (other than an order to show cause) the City is prohibited from requiring the Contractor to perform all or any portion of the work, the City may, if it so elects, eliminate the enjoined work pursuant to Section 4.3, "Changes," of these General Provisions or terminate the contract.
(C) If the final judgment in the action prohibits the City from requiring the Contractor to perform all or any portion of the work, the City will either eliminate the enjoined work pursuant to Section 4.3, "Changes," of these General Provisions or terminate the contract.
(D) If the contract is to be terminated, the termination and the determination of the total compensation payable to the Contractor shall be governed by the provisions of Section 8.10, "Termination of Contract," of these General Provisions.
7.10 DISPOSAL OF MATERIAL
The Contractor shall make his own arrangements for disposing of materials and shall pay all costs involved. Arrangements shall include, but not be limited to, entering into agreements with property owners and obtaining necessary permits, licenses and environmental clearances. Before disposing of any material, the Contractor shall furnish to the Engineer satisfactory evidence that he has obtained said permits, licenses and clearances.
Prior to the disposal of any material the Contractor shall obtain written authorization from each property owner involved. For each property involved the Contractor shall provide a completed MATERIALS PLACEMENT PERMISSION form, supplied by the City, to the Engineer for review and approval. Before any material is disposed of on said property, the Contractor shall obtain written approval from the Engineer to dispose of the material at the location designated on the materials placement permission form.
Before acceptance of the contract, the Engineer may require the Contractor to submit written evidence that the owner of the disposal site is satisfied that the Contractor has satisfactorily complied with the provisions of the agreement between the property owner and the Contractor.
Full compensation for all costs involved in disposing of materials as specified in this Section 7.10, including all costs of hauling, shall be considered as included in the price paid for the contract item of work involving such materials and no additional compensation will be allowed therefor.
7.11 COOPERATION
Should construction be under way by other forces or by other contractors within or adjacent to the limits of the work specified or should work of any other nature be under way by other forces within or adjacent to said limits, the Contractor shall cooperate with all such other contractors or other forces to the end that any delay or hindrance to their work will be avoided. The right is reserved to perform other or additional work at or near the site (including material sources) at any time, by the use of other forces.
When 2 or more contractors are employed on related or adjacent work each shall conduct his operations in such a manner as not to cause any unnecessary delay or hindrance to the other.
Each Contractor shall be responsible to the other for all damage to work, to persons or property caused to the other by his operations, and for loss caused the other due to his unnecessary delays or failure to finish the work within the time specified for completion.
7.12 RELIEF FROM MAINTENANCE AND RESPONSIBILITY
Upon the written request of the Contractor, the Public Works/Utilities Director may relieve him of the duty of maintaining and protecting certain portions of the work which have been completed in all respects in accordance with the requirements of the contract and to the satisfaction of the Engineer, and thereafter except with his consent, the Contractor will not be required to do further work thereon. In addition, such action by the Public Works/Utilities Director will relieve the Contractor of responsibility for injury or damage to said completed portions of the work resulting from use by public traffic or from the action of the elements or from any other cause but not from injury or damage resulting from the Contractor's own operations or from his negligence.
Nothing in this Section 7.12 providing for relief from maintenance and responsibility will be construed as relieving the Contractor of full responsibility for making good any defective work or material.
7.13 CONTRACTOR'S RESPONSIBILITY FOR THE WORK AND MATERIALS
Until the acceptance of the contract, the Contractor shall have the charge and care of the work and of the materials to be used therein (including materials for which he has received partial payment as provided in Section 9.6, "Partial Payments," of these General Provisions or materials which have been furnished by the City) and shall bear the risk of injury, loss, or damage to any part thereof by the action of the elements or from any other cause, whether arising from the execution or from the non‑execution of the work, except as provided in Sections 7.6, "Public Convenience," and 7.12, "Relief From Maintenance and Responsibility," of these General Provisions. The Contractor shall rebuild, repair, restore, and make good all injuries, losses, or damages to any portion of the work or the materials occasioned by any cause before its completion and acceptance and shall bear the expense thereof, except as otherwise expressly provided in Section 7.13.1, "Damage by Storm, Flood, Tidal Wave or Earthquake," of these General Provisions and except for such injuries, losses, or damages as are directly and proximately caused by acts of the Federal Government or the public enemy. Where necessary to protect the work or materials from damage, the Contractor shall, at his expense, provide all labor, materials and equipment necessary to protect the work or materials from damage. The suspension of the work from any cause whatever shall not relieve the Contractor of his responsibility for the work and materials as herein specified. If ordered by the Engineer, the Contractor shall, at his expense, properly store materials which have been partially paid for by the City or which have been furnished by the City. Such storage by the Contractor shall be on behalf of the City and the City shall at all times be entitled to the possession of such materials, and the Contractor shall promptly return the same to the site of the work when requested. The Contractor shall not dispose of any of the materials so stored except on written authorization from the Engineer.
7.13.1 Damage by Storm, Flood, Tidal Wave or Earthquake - Attention is directed to Section 7.13, "Contractor's Responsibility for the Work and Materials," of these General Provisions. In the event damage to the work is caused by a storm, flood, tidal wave, earthquake or other natural disaster which constitutes an "Occurrence," as hereinafter defined, the provisions of this Section 7.13.1 shall be applicable and the Contractor may apply in writing to the Engineer for the City to pay or participate in the cost of repairing damage to the work from such cause or, in lieu thereof, and at the sole discretion of the Public Works/Utilities Department, terminate the contract and relieve the Contractor of further obligation to perform the work, subject to the following:
A. Occurrence--"Occurrence" shall include tidal waves, earthquakes in excess of a magnitude of 3.5 on the Richter Scale, and storms, floods and other natural disasters as to which the Governor has proclaimed a state of emergency when the damaged work is located within the territorial limits to which such proclamation is applicable or, which were, in the opinion of the Engineer, of a magnitude at the site of the work sufficient to have caused such a proclamation had they occurred in a populated area or in an area in which such a proclamation was not already in effect.
B. Application by Contractor--The Contractor's written request for the City to pay or to participate in the cost of rebuilding, repairing, restoring or otherwise remedying the damage to the work caused by the occurrence shall be submitted to the Engineer before performing any work other than emergency work, including emergency work necessary to provide for passage of public traffic.
C. Protecting the Work from Damage--Nothing in this section shall be construed to relieve the Contractor of his responsibility to protect the work from damage. The Contractor shall bear the entire cost of repairing damage to the work caused by the occurrence which the Engineer determines was due to the failure of the Contractor to comply with the requirements of the plans and specifications, take reasonable and adequate measures to protect the work or exercise sound engineering and construction practices in the conduct of the work, and such repair costs shall be excluded from consideration under the provisions of this section.
D. Repair Work--Repair of damaged work under the provisions of this section shall be pursuant to a contract change order issued hereunder and specifying the repair work to be performed on the damaged facility. Such repair work shall consist of restoring the in‑place construction to the same state of completion to which such work had advanced prior to the Occurrence. Emergency work which the Engineer determines would have been part of the repair work if it had not previously been performed, will be considered to be part of said repair work.
Nothing in this section shall be construed to relieve the Contractor of full responsibility for the risk of injury, loss or damage to materials not yet incorporated in the work and to materials, tools and equipment used to perform the work, or to relieve the Contractor of his responsibility under Section 7.9, "Responsibility for Damage," of these General Provisions. The provisions of this section shall not be applicable to the repair of damage caused by an Occurrence to any portion of the work as to which the Contractor has been granted relief from maintenance and responsibility pursuant to Section 7.12, "Relief From Maintenance and Responsibility," of these General Provisions.
E. Determination of Costs--Unless otherwise agreed between the Engineer and the Contractor, the cost of the work performed pursuant to this Section 7.13.1 will be determined in accordance with the provisions in Section 9.3, "Force Account Payment," of these General Provisions except there shall be no markup for profit and overhead.
F. Payment for Repair Work--The City will pay the cost of repair determined as provided in Subsection E, that exceeds 5 percent of the amount of the Contractor's bid for bid comparison purposes.
G. Termination of Contract--If the City elects to terminate the contract, the termination and the determination of the total compensation payable to the Contractor shall be governed by the provisions of Section 8.10, "Termination of Contract," of these General Provisions.
7.14 ACCEPTANCE OF CONTRACT
When the Engineer has made the final inspection as provided in Section 5.13, "Final Inspection," of these General Provisions and determines that the contract work has been completed in all respects in accordance with the plans and specifications, he will recommend that the Public Works/Utilities Director formally accept the contract, and immediately upon and after such acceptance by the Public Works/Utilities Director, the Contractor will be relieved of the duty of maintaining and protecting the work as a whole, and he will not be required to perform any further work thereon; and the Contractor shall be relieved of his responsibility for injury to persons or property or damage to the work which occurs after the formal acceptance by the Public Works/Utilities Director.
7.15 PROPERTY RIGHTS IN MATERIALS
Nothing in the contract shall be construed as vesting in the Contractor any right of property in the materials used after they have been attached or affixed to the work or soil or after partial payment has been made as provided in Section 9.6, "Partial Payments," of these General Provisions for material delivered on the ground or stored subject to or under the control of the City and unused. All such material shall become the property of the City of Watsonville upon being so attached or affixed or upon payment for materials delivered on the ground or stored subject to or under the control of the City and unused, as provided in said Section 9.6.
7.16 RIGHTS IN LAND IMPROVEMENTS
Nothing in these specifications shall be construed as allowing the Contractor to make any arrangements with any person to permit occupancy or use of any land, structure, or building within the limits of the contract for any purpose whatsoever, either with or without compensation, in conflict with any agreement between the City and any owner, former owner, or tenant of such land, structure, or building.
The Contractor shall not occupy City-owned property outside the area in which the work is situated, unless he enters into a rental agreement with the City.
7.17 PERSONAL LIABILITY
Neither the Public Works/Utilities Director, the Engineer, nor any other officer or authorized employee of the City of Watsonville, nor any officer or employee of any state, county, city or district shall be personally responsible for any liability arising under or by virtue of the contract.
7.18 REPAIR OF EQUIPMENT
The work of installing, assembling, repairing or reconditioning, or other work of any nature on machinery, equipment, or tools used in or upon the work shall be considered a part of the work to be performed under the contract and any laborers, workmen, or mechanics working on such machinery, equipment, or tools, unless employed by bona fide commercial repair shops, garages, blacksmith shops, or machine shops, which have been established and operating on a commercial basis for a period of at least 2 months prior to the award of the contract, shall be subject to all the requirements relating to labor set forth in these specifications and in the Special Provisions.
7.19 MATERIAL PLANTS
The construction, erection, and operation of material production, proportioning, or mixing plants from which material is used wholly on the contract or on contracts under the supervision of the City shall be considered a part of the work to be performed under the contract and any laborers, workmen, or mechanics working on such plants shall be subject to all of the requirements relating to labor set forth in these General Provisions and in the Special Provisions.
8.1 SUBCONTRACTING
The Contractor shall give his personal attention to the fulfillment of the contract and shall keep the work under his control.
No subcontractor will be recognized as such, and all persons engaged in the work of construction will be considered as employees of the Contractor and he will be held responsible for their work, which shall be subject to the provisions of the contract and specifications.
The Contractor shall perform, with his own organization, contract work amounting to not less than the portion of the contract work specified in the Special Provisions.
Subcontracts shall include provisions that the contract between the City and the Contractor is part of the subcontract, and that all terms and provision of said contract are incorporated in the subcontract. Subcontracts shall also contain certification by the subcontractor that said subcontractor is experienced in and qualified to do, and knowledgeable about, the subcontracted work. Copies of subcontracts shall be available to the Engineer upon written request.
When a portion of the work which has been subcontracted by the Contractor is not being prosecuted in a manner satisfactory to the City, the subcontractor shall be removed immediately on the requisition of the Engineer and shall not be employed on the work.
8.2 ASSIGNMENT
The performance of the contract may not be assigned, except upon the written consent of the Public Works/Utilities Director. Consent will not be given to any proposed assignment which would relieve the original Contractor or his surety of their responsibilities under the contract nor will the Public Works/Utilities Director consent to any assignment of a part of the work under the contract.
8.3 BEGINNING OF WORK
The Contractor shall begin work within 10 working days after receiving the ANotice to Proceed,@ and shall diligently prosecute the same to completion within the time limit provided in the Special Provisions.
Should the Contractor begin work in advance of receiving the ANotice to Proceed,@ any work performed by him in advance of the said date of approval shall be considered as having been done by him at his own risk and as a volunteer unless said contract is so approved.
8.4 PROGRESS SCHEDULE
8.4.1 General ‑ The Contractor shall submit to the Engineer a practical base progress schedule within 5 calendar days after receiving the ANotice to Proceed.@ Subsequent to the time that submittal of the progress schedule is required in accordance with these General Provisions, no progress payments will be made for any work until the submitted base progress schedule has been favorably reviewed and accepted as satisfactory by the Engineer. The Contractor shall make revisions as necessary to receive favorable review and acceptance by the Engineer.
The Contractor shall submit to the Engineer an updated progress schedule every 2 weeks commencing from the favorable review and acceptance of the base schedule by the Engineer. The updated progress schedule shall be subject to acknowledgment by the Engineer as a satisfactory submittal. The Contractor shall make revisions as necessary to receive such acknowledgment. Monthly progress payments will not be made be unless satisfactory updated progress schedule submittals for that period are acknowledged by the Engineer. The Engineer, upon the written request of the Contractor, or at his sole discretion, may prescribe a period of longer than every 2 weeks for the updated progress schedule submittal or waive the submittal requirement for a specific submittal period.
Any omission of work from the schedule will not excuse the Contractor from completing such work within the completion date. Failure of the Contractor to obtain satisfactory submittals shall not relieve the Contractor from completing the project by the completion date. Schedule definitions and terms shall be defined as provided for in these General and Special Provisions and supplemented by definitions in the Associated General Contractors of America book CPM in Construction, A Manual for General Contractors, 1965 edition. Neither the Contractor nor City shall own the "float" and thus it shall not be for the exclusive use or benefit of the Contractor or the City.
8.4.2 Base Progress Schedule and Updated Progress Schedules - The Contractor shall submit the progress schedule based on either the Bar Chart Method or the Critical Path Method. The progress schedule shall indicate the preceding activity relationships and/or restraints where applicable and a controlling path shall be indicated. The progress schedule shall be time scaled and shall be drafted to show a continuous flow from left to right. The progress schedule shall clearly show the sequence of construction operations and specifically list:
a. The start and completion of all work items.
b. The dates of submittals, procurement, delivery, installation and completion of each major material and equipment requirement.
c. Progress milestone events or other significant stages of completion.
d. The lead time required for testing, inspection and other procedures required prior to acceptance of the work.
e. The controlling operations (critical activities comprising the critical path) of the work.
Activities shall be no longer than 10 workdays, except for submittals and delivery items. If an activity takes longer, it shall be broken down into appropriate segments of work for measurement of progress. This limitation may be waived, upon approval of the Engineer, for repetitious activities of longer durations for which progress can be easily monitored.
The above requirements shall apply to both the base progress schedule and the updated progress schedules. The schedules shall show completion of the project at the contract completion date.
8.4.3 Reports ‑ One of the following reports shall be submitted with the base progress schedule and each updated progress schedule:
a. Bar Chart Method Schedule ‑ A manually generated report which lists each activity description, early start, and finish dates, and all preceding and succeeding activities. The report shall indicate all controlling operations (critical activities comprising the critical path) of the work.
b. Critical Path Method Schedule ‑ Two Critical Path Method network reports, one sorted by total float and one sorted by early start dates. Both reports shall also be sorted by I-J or activity number which lists each activity description, early start and finish dates, preceding and succeeding activities and restraints, including lead/lag durations. The report shall indicate all the controlling operations (critical activities comprising the critical path) of the work. If the Critical Path Method is utilized it may use either the precedence or arrow diagraming method.
Narrative ‑ With the base progress schedule submittal the Contractor shall include a written narrative generally describing his plan for the prosecuting the progress of the work. With each updated progress schedule the Contractor shall identify any changes to the progress schedule, including changes in schedule logic or activity duration, the addition or activities, and the impact of any changes to the work.
8.5 TEMPORARY SUSPENSION OF WORK
The Engineer shall have the authority to suspend the work wholly or in part, for such period as he may deem necessary, due to unsuitable weather, or to such other conditions as are considered unfavorable for the suitable prosecution of the work, or for such time as he may deem necessary due to failure on the part of the Contractor to carry out orders given, or to perform any provision of the contract. The Contractor shall immediately comply with the written order of the Engineer to suspend the work wholly or in part. The suspended work shall be resumed when conditions are favorable and methods are corrected, as ordered or approved in writing by the Engineer.
When a suspension of work is ordered by the Engineer the Contractor, at his expense, shall do all work necessary to provide a safe, smooth and unobstructed passageway through the work for use by public pedestrian and vehicular traffic as provided in Section 7.6, "Public Convenience," and Section 7.7, "Public Safety," of these General Provisions. In the event that the Contractor fails to perform the work specified, the City will perform such work and the cost thereof will be deducted from moneys due or to become due the Contractor.
If the Engineer orders a suspension of all work or a portion of the work which is the current controlling operation or operations, due to unsuitable weather or such other conditions as are considered unfavorable to the prosecution of the work, the days on which the suspension is in effect shall not be considered working days as defined in Section 8.6, "Time of Completion," of these General Provisions. If a portion of work at the time of such suspension is not the current controlling operation or operations, but subsequently does become the current controlling operation or operations, the determination of working days will be made on the basis of the then current controlling operation or operations.
If a suspension of work is ordered by the Engineer, due to the failure of the Contractor to carry out orders given or to perform any provisions of the contract, the days on which the suspension order is in effect shall be considered working days if such days are working days within the meaning of the definition set forth in Section 8.6, "Time of Completion," of these General Provisions.
If the performance of all or any portion of the work is suspended or delayed by the Engineer in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the Contractor believes that additional compensation or contract time or additional compensation and contract time is due as a result of such suspension or delay, the Contractor shall submit to the Engineer in writing a request for adjustment within 7 calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment.
Upon receipt, the Engineer will evaluate the Contractor's request. If the Engineer agrees that the cost or time or cost and time required for the performance of the contract has increased as a result of such suspension and the suspension was the caused by conditions beyond the control of and not the fault of the Contractor, its suppliers, or subcontractors at any approved tier, and not caused by weather, the Engineer will make an adjustment (excluding profit) and modify the contract in writing accordingly. The Engineer will notify the Contractor of his determination whether or not an adjustment of the contract is warranted.
No contract adjustment will be allowed unless the Contractor has submitted the request for adjustment within the time prescribed.
Any contract adjustment warranted due to suspension of work ordered by the Engineer will be made in the same manner as provide for right of way delays in Section 8.8, "Right of Way Delays," of these General Provisions.
In the event of a suspension of work under any of the conditions set forth in this Section 8.5, such suspension of work shall not relieve the Contractor of his responsibility as set forth in Section 7, "Legal Relations and Responsibility," of these General Provisions.
8.6 TIME OF COMPLETION
The Contractor shall complete all or any designated portion of the work called for under the contract in all parts and requirements within the time set forth in the Special Provisions.
The Contractor will not perform any work on Saturdays, Sundays, and legal holidays without prior written authorization from the Engineer.
Working hours will be between 7:00 A.M. and 6:00 P.M. unless modified by the Special Provisions.
A working day is defined as any day, except as follows:
(a) Saturdays, Sundays, and legal holidays;
(b) Days on which the Contractor is prevented by inclement weather or conditions resulting immediately therefrom adverse to the current controlling operation or operations, as determined by the Engineer, from proceeding with at least 75 percent of the normal labor and equipment force engaged on such operation or operations for at least 5 hours toward completion of such operation or operations.
(c) Days on which the Contractor is specifically required by the Special Provisions to suspend operations.
Should the Contractor prepare to begin work at the regular starting time of any day on which inclement weather, or the conditions resulting from the weather, or the condition of the work, prevents the work from beginning at the usual starting time and the crew is dismissed as a result thereof and the Contractor does not proceed with at least 75 percent of the normal labor and equipment force engaged in the current controlling operation for at least 5 hours toward completion of such operation or operations, the Contractor will not be charged for a working day whether or not conditions should change thereafter during said day and the major portion of the day could be considered to be suitable for such construction operations.
The current controlling operation or operations is to be construed to include any feature of the work considered at the time by the Engineer and the Contractor, which, if delayed or prolonged, will delay the time of completion of the contract.
Determination that a day is a non-working day by reason of inclement weather or conditions resulting immediately therefrom, shall be made by the Engineer. The Contractor will be allowed 15 calendar days from the issuance of the weekly statement of working days in which to file a written protest setting forth in what respects he differs from the Engineer, otherwise the decision of the Engineer shall be deemed to have been accepted by the Contractor as correct.
The Engineer will furnish the Contractor a written statement showing the number of working days charged to the contract for the proceeding week, the number of working days of time extensions being considered or approved, the number of working days originally specified for the completion of the contract and the number of working days remaining to complete the contract and the extended date for the completion thereof, except when working days are not being charged in accordance with the provisions in Section 8.5, "Temporary Suspension of Work," of these General Provisions.
8.7 LIQUIDATED DAMAGES
It is agreed by the parties to the contract that in case all the work called for under the contract in all parts and requirements is not finished or completed within the number of working days as set forth in the Special Provisions, damage will be sustained by the City of Watsonville, and that it is and will be impracticable to determine the actual damage which the City will sustain in the event of and by reason of such delay; and it is therefore agreed that the Contractor will pay to the City of Watsonville, the sum set forth in the Special Provisions per day for each and every calendar day's delay in finishing the work in excess of the number of working days prescribed; and the Contractor agrees to pay said liquidated damages as herein provided for, and further agrees that the City may deduct the amount thereof from any moneys due or that may become due the Contractor under the contract.
It is further agreed that in case the work called for under the contract is not finished and completed in all parts and requirements within the number of working days specified, the Public Works/Utilities Director shall have the right to increase the number of working days or not, as he may deem best to serve the interests of the City, and if he decides to increase the said number of working days, he shall further have the right to charge to the Contractor, his heirs, assigns or sureties and to deduct from the final payment for the work all or any part, as he may deem proper, of the actual cost of engineering, inspection, superintendence and other overhead expenses which are directly chargeable to the contract, and which accrue during the period of such extension, except that cost of final surveys and preparation of final estimate shall not be included in such charges.
The Contractor will be granted an extension of time and will not be assessed with liquidated damages or the cost of engineering and inspection for any portion of the delay in completion of the work beyond the time named in the Special Provisions for the completion of the work caused by acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, shortage of materials and freight embargoes, provided, that the Contractor shall notify the Engineer in writing of the causes of delay within 15 calendar days from the beginning of any such delay. The Contractor shall have the burden of documenting, as the Engineer may require, the basis for an extension of time. The request shall be submitted to the Engineer whose findings thereon shall be final and conclusive.
No extension of time will be granted for a delay caused by a shortage of materials unless the Contractor furnishes to the Engineer documentary proof that he has made every effort to obtain such materials from all known sources within reasonable reach of the work in a diligent and timely manner, and that the inability to obtain such materials when originally planned, did in fact cause a delay in final completion of the entire work which could not be compensated for by revising the sequence of the Contractor's operations. The term "shortage of materials," as used in this section, shall apply only to materials, articles, parts or equipment which are standard items and are to be incorporated in the work. The term "shortage of materials," shall not apply to materials, parts, articles or equipment which are processed, made, constructed, fabricated or manufactured to meet the specific requirements of the contract. Only the physical shortage of material will be considered under these provisions as a cause for extension of time. Delays in obtaining materials due to priority in filling orders, ordering or delivering late, or mishandling of procurement will not constitute a shortage of materials.
No consideration will be given to any claim that material could not be obtained at a reasonable, practical, or economical cost, unless it is shown to the satisfaction of the Engineer that such material could only have been obtained at exorbitant prices entirely out of line with current rates.
If the Contractor is delayed in completion of the work by reason of changes made under Section 4.3, "Changes," of these General Provisions or by failure of the Public Works/Utilities Department to acquire or clear right of way, or by any act of the Engineer or of the City, not contemplated by the contract, an extension of time commensurate with the delay in completion of the work thus caused will be granted and the Contractor shall be relieved from any claim for liquidated damages, or engineering and inspection charges or other penalties for the period covered by such extension of time; provided that the Contractor shall notify the Engineer in writing of the causes of delay within 15 calendar days from the beginning of any such delay. The Engineer shall ascertain the facts and the extent of the delay, and his findings thereon shall be final and conclusive. The Contractor acknowledges and agrees that mitigation for delays, differing site conditions, and other causes may require revision of preferential sequences of the work to avoid a delay to the project as a whole. When a delay to the project as a whole can be avoided by revising preferential scheduling, and the Contractor chooses not to implement the revisions, the Contractor's entitlement shall limited to consideration of a time extension only.
Except for additional compensation provided for in Section 8.8, "Right of Ways Delays," of these General Provisions and except as provided in Public Contract Code Section 7102, the Contractor shall have no claim for damage or compensation for any delay or hindrance.
It is the intention of the above provisions that the Contractor shall not be relieved of liability for liquidated damages or engineering or inspection charges for any period of delay in completion of the work in excess of that expressly provided for in this Section 8.7.
8.8 RIGHT OF WAY DELAYS
If, through the failure of the City to acquire or clear right of way, the Contractor sustains loss which could not have been avoided by the judicious handling of forces and equipment, there shall be paid to the Contractor such amount as the Engineer may find to be fair and reasonable compensation for such part of the Contractor's actual loss, as, in the opinion of the Engineer, was unavoidable.
Actual loss shall be understood to include no items of expense other that idle time of equipment and necessary payments for idle time of men, cost of extra moving of equipment, and cost of longer hauls, with no markup added in any case for overhead or profit.
The time for which such compensation will be paid will be the actual normal working time during which such delay condition exists, but in no case will exceed 8 hours in any day.
The days for which compensation will be paid will be the calendar days, excluding Saturdays, Sundays and legal holidays, during the existence of such delay.
Compensation for idle time of men and equipment, for extra moving of equipment, and for longer hauls will be determined as provided in Section 9.3, "Force Account Payment," of these General Provisions except that no markup will be added for overhead and profit.
If performance of the Contractor's work is delayed as the result of the failure of the City to acquire or clear right of way, an extension of time determined pursuant to the provision in Section 8.7, "Liquidated Damages," of these General Provisions will be granted.
The Contractor shall notify the Engineer in writing of the delay within 15 calendar days from the beginning of the delay.
8.9 UTILITY AND OTHER FACILITIES
Attention is directed to Section 7.8, "Preservation of Property," and Section 7.9, "Responsibility for Damage," of these General Provisions. The Contractor shall protect from damage utility and other facilities that are to remain in place, be installed, relocated or otherwise rearranged.
Rearrangement, as used herein, includes installation, relocation, alteration, or removal. Where rearrangement will be performed by the Contractor, or where the rearrangement must be coordinated with the Contractor's construction operations, the existing facilities that are to be rearranged will be indicated on the plans or in the Special Provisions. Where a rearrangement is indicated on the plans or in the Special Provisions, the Contractor will have no liability for the costs of performing the work involved in such rearrangement.
The right is reserved to the City and the owners of facilities, or their authorized agents, to enter upon the work for the purpose of making such changes as are necessary for the rearrangement of their facilities or for making necessary connections or repairs to their properties. The Contractor shall cooperate with forces engaged in such work and shall conduct his operations in such a manner as to avoid any unnecessary delay or hindrance to the work being performed by such other forces. Wherever necessary, the work of the Contractor shall be coordinated with the rearrangement of utility or other facilities, and the Contractor shall make arrangements with the owner of such facilities for the coordination of the work.
Attention is directed to the possible existence of underground main or trunk line facilities not indicated on the plans or in the Special Provisions and to the possibility that underground main or trunk lines may be in a location different from that which is indicated on the plans or in the Special Provisions. The Contractor shall ascertain the exact location of underground main or trunk lines whose presence is indicated on the plans or in the Special Provisions, the location of their service laterals or other appurtenances, and of existing service lateral or appurtenances of any other underground facilities which can be inferred from the presence of visible facilities such as buildings, meters and junction boxes prior to doing work that may damage any of such facilities or interfere with their service.
If the Contractor cannot locate an underground facility whose presence is indicated on the plans or in the Special Provisions, he shall so notify the Engineer in writing. If the facility for which such notice is given is in a substantially different location from that indicated on the plans or in the Special Provisions, the additional cost of locating the facility will be paid for as extra work as provided in Section 4.3, "Changes," of these General Provisions.
If the Contractor discovers underground main or trunk lines not indicated on the plans or in the Special Provisions, he shall immediately give the Engineer and the Utility Company written notification of the existence of such facilities. Such main or trunk lines shall be located and protected from damage as directed by the Engineer and the cost of such work will be paid for as extra work as provided in Section 4.3, "Changes," of these General Provisions. The Contractor shall, if directed by the Engineer, repair any damage which may occur to such main or trunk lines. The cost of such repair work, not due to the failure of the Contractor to exercise reasonable care, will be paid for as extra work as provided in Section 4.3, "Changes," of these General Provisions. Damage due to the Contractor's failure to exercise reasonable care shall be repaired at his cost and expense.
Where it is determined by the Engineer that the rearrangement of an underground facility is essential in order to accommodate the improvement and the plans and specifications do not provide that such facility is to be rearranged, the Engineer will provide for the rearrangement of such facility by other forces or such rearrangement shall be performed by the Contractor and will be paid for as extra work as provided in Section 4.3, "Changes," of these General Provisions.
Should the Contractor desire to have any rearrangement made in any utility facility, or other improvement, for his convenience in order to facilitate his construction operations, which rearrangement is in addition to, or different from, the rearrangements indicated on the plans or in the Special Provisions, he shall make whatever arrangements are necessary with the owners of such utility or other facility for such rearrangement and bear all expenses in connection therewith.
The Contractor shall immediately notify the Engineer of any delays to his operations as a direct result of underground main or trunk line facilities which were not indicated on the plans or in the Special Provisions or were located in a position substantially different from that indicated on the plans or in the Special Provisions. Such delays will be considered right of way delays within the meaning of Section 8.8, "Right Of Way Delays," of these General Provisions and compensation for such delay will be determined in accordance with said Section 8.8. The Contractor shall be entitled to no other compensation for any such delay.
Any delays to the Contractor's operations as a direct result of utility or other facilities not being rearranged as provided in this Section 8.9, due to a strike or labor dispute, will entitle the Contractor to an extension of time as provided in Section 8.7, "Liquidated Damages," of these General Provisions. The Contractor shall be entitled to no other compensation for any such delay.
The Contractor shall notify the Engineer in writing of the delay within 15 calendar days from the beginning of the delay.
8.10 TERMINATION OF CONTRACT
The contract may be terminated by the Public Works/Utilities Director when termination is authorized by Section 7.9.2, "Legal Actions Against the City," Section 7.13.1, "Damage by Storm, Flood, Tidal Wave or Earthquake," of these General Provisions or by other provisions of the contract which authorize termination. The City also reserves the right to terminate the contract at any time upon a determination by the Public Works/Utilities Director that termination of the contract is in the best interest of the City.
If the Public Works/Utilities Director elects to terminate the contract, the termination of the contract and the total compensation payable to the Contractor shall be governed by the following:
(A) The Engineer will issue the Contractor a written notice signed by the Public Works/Utilities Director, specifying that the contract is to be terminated. Upon receipt of said written notice, the Contractor will be relieved of further responsibility for damage to the work (excluding materials) as specified in Section 7.13, "Contractor's Responsibility for the Work and Materials," of these General Provisions and, except as otherwise directed in writing by the Engineer, the Contractor shall:
(1) Stop all work under the contract except that specifically directed to be completed prior to acceptance.
(2) Perform work the Engineer deems necessary to secure the project for termination.
(3) Remove equipment and plant from the site of the work.
(4) Take such action as is necessary to protect materials from damage.
(5) Notify all subcontractors and suppliers that the contract is being terminated and that their contracts or orders are not to be further performed unless otherwise authorized in writing by the Engineer.
(6) Provide the Engineer with an inventory list of all materials previously produced, purchased or ordered from suppliers for use in the work and not yet used in the work, including its storage location, and such other information as the Engineer may request.
(7) Dispose of materials not yet used in the work as directed by the Engineer. It shall be the Contractor's responsibility to provide the City with good title to all materials purchased by the City hereunder, including materials for which partial payment has been made as provided in Section 9.6, "Partial Payments," of these General Provisions and with bills of sale or other documents of title for such materials.
(8) Subject to the prior written approval of the Engineer, settle all outstanding liabilities and all claims arising out of subcontracts or orders for materials terminated hereunder. To the extent directed by the Engineer, the Contractor shall assign to the City all the right, title and interest of the Contractor under subcontracts or orders for materials terminated hereunder.
(9) Furnish the Engineer with the documentation required to be furnished by the Contractor under the provisions of the contract.
(10) Take such other actions as the Engineer may direct.
(B) Acceptance of the contract as hereinafter specified shall not relieve the Contractor of responsibility for damage to materials. The Contractor shall continue to be responsible for damage to materials after issuance of the Notice of Termination, except as follows:
The Contractor's responsibility for damage to materials for which partial payment has been made as provided in Section 9.6, "Partial Payments," of these General Provisions and for materials furnished by the City for use in the work and unused shall terminate when the Engineer certifies that such materials have been stored in the manner and at the locations he has directed.
The Contractor's responsibility for damage to materials purchased by the City subsequent to the issuance of the notice that the contract is to be terminated shall terminate when title and delivery of such materials has been taken by the City.
When the Engineer determines that the Contractor has completed the work under the contract directed to be completed prior to termination and such other work as may have been ordered to secure the project for termination, he will recommend that the Public Works/Utilities Director formally accept the contract, and immediately upon and after such acceptance by the Public Works/Utilities Director, the Contractor will not be required to perform any further work thereon and shall be relieved of his contractual responsibilities for injury to persons or property which occurs after the formal acceptance of the project by the Public Works/Utilities Director.
(C) Termination of the contract shall not relieve the surety of its obligation for any just claims arising out of the work performed.
(D) The total compensation to be paid to the Contractor shall be determined by the Engineer on the basis of the following:
(1) The reasonable cost to the Contractor, without profit, for all work performed under the contract, including mobilization, demobilization and work done to secure the project for termination. In determining the reasonable cost, deductions will be made for the cost of materials to be retained by the Contractor, amounts realized by the sale of materials, and for other appropriate credits against the cost of the work. Deductions will also be made, when the contract is terminated under the authority of Section 7.13.1, "Damage by Storm, Flood, Tidal Wave or Earthquake," of these General Provisions for the cost of materials damaged by the "occurrence."
When, in the opinion of the Engineer, the cost of a contract item of work is excessively high due to costs incurred to remedy or replace defective or rejected work, the reasonable cost to be allowed will be the estimated reasonable cost of performing such work in compliance with the requirements of the plans and specifications and the excessive actual cost shall be disallowed.
(2) A reasonable allowance for profit on the cost of the work performed as determined under Subsection (1), provided the Contractor establishes to the satisfaction of the Engineer that it is reasonably probable that he would have made a profit had the contract been completed and provided further, that the profit allowed shall in no event exceed 4 percent of said cost.
(3) The reasonable cost to the Contractor of handling material returned to the vendor, delivered to the City or otherwise disposed of as directed by the Engineer.
(4) A reasonable allowance for the Contractor's administrative costs in determining the amount payable due to termination of the contract.
All records of the Contractor and his subcontractors, necessary to determine compensation in accordance with the provisions of this Section 8.10, shall be open to inspection or audit by representatives of the City at all times after issuance of the notice that the contract is to be terminated and for a period of 3 years, thereafter, and such records shall be retained for that period.
After acceptance of the work by the Public Works/Utilities Director, the Engineer may make payments on the basis of interim estimates pending issuance of the Final Estimate in accordance with Section 9.7, "Final Payment and Claims," of these General Provisions when, in his opinion, the amount thus paid, together with all amounts previously paid or allowed, will not result in total compensation in excess of that to which the Contractor will be entitled. All payments, including payment upon the Final Estimate shall be subject to deduction for prior payments and amounts, if any, to be kept or retained under the provisions of the contract.
The provisions of this Section 8.10 shall be included in all subcontracts.
9.1 MEASUREMENT OF QUANTITIES
All work to be paid for at a contract price per unit of measurement will be measured in accordance with United States Standard Measures. A pound is an avoirdupois pound. A ton shall consists of 2,000 pounds avoirdupois.
All weighing, measuring and metering devices used to measure the quantity of materials used in the work shall be suitable for the purpose intended and shall conform to the tolerances and specifications as outlined in Title 4, Chapter 9 of the California Code of Regulations, the provisions of the California Business and Professions Code, Division 5, and these General Provisions. Devices not Type-approved by the Division of Measurement Standards shall be Type-approved in accordance with California Test 109.
All weighing, measuring or metering devices used to determine the quantity of materials to be paid for will be considered to be "commercial devices," and shall be sealed by the Division of Measurement Standards or its authorized representative as often as the Engineer may deem necessary.
The operator of each vehicle weighed shall obtain a weight or load slip from the weigher. The weight or load slip shall be signed by the person collecting said slips and by the weigher and shall bear the weighmaster's certificate. The weight or load slips shall be delivered to the Engineer at the end of each day. Weight or load slips not delivered to the Engineer on the day the material was weighed will not be accepted and the associated materials will not be paid for. Load sheets shall be delivered to the Engineer by the morning of the following day.
Vehicles used to haul material being paid for by weight shall be weighed empty daily and at such additional times as the Engineer may direct. Each vehicle shall bear a plainly legible identification mark. Vehicles may from time to time be required by the Engineer to have the weight of the material to be paid for verified by weighing the empty and loaded vehicle on such scales as the Engineer may designate.
When material is to be measured and paid for on a volume basis and it is impractical to determine the volume by the specified method of measurement, or when requested by the Contractor in writing and approved by the Engineer in writing, the material will be weighed in accordance with the requirements specified for weight and such weights will be converted to volume measurement for payment purposes. Factors for conversion from weight measurement to volume measurement will be determined by the Engineer and shall be agreed to by the Contractor before such method of measurement of pay quantities will be adopted.
Quantities of material wasted or disposed of in a manner not called for under the contract; or rejected loads of material, including material rejected after it has been placed by reason of failure of the Contractor to conform to the provisions of the contract; or material not unloaded from the transporting vehicle; or material placed outside the lines indicated on the plans or established by the Engineer; or material remaining on hand after completion of the work; will not be paid for and such quantities will be deducted from the final total quantities. No compensation will be allowed for hauling and disposing of rejected material.
Full compensation for all expense involved in conforming to the requirements specified in this Section 9.1 shall be considered as included in the unit prices paid for the materials being measured or weighed and no additional allowance will be made therefor.
9.2 SCOPE OF PAYMENT
The Contractor shall accept the compensation provided in the contract as full payment for furnishing all labor, materials, tools, equipment and incidentals necessary to the completed work and for performing all work contemplated and embraced under the contract; also for loss or damage arising from the nature of the work, or from the action of the elements, or from any unforeseen difficulties which may be encountered during the prosecution of the work until the acceptance by the Public Works/Utilities Director and for all risks of every description connected with the prosecution of the work, also for all expenses incurred in consequence of the suspension or discontinuance of the work as provided in the contract; and for completing the work according to the plans and specifications. Neither the payment of any estimate nor of any retained percentage shall relieve the Contractor of any obligation to make good any defective work or material.
No compensation will be made in any case for loss of anticipated profits.
9.3 FORCE ACCOUNT PAYMENT
When extra work is to be paid for on a force account basis the labor, materials, and equipment used in the performance of such work shall be subject to the approval of the Engineer. The Contractor will be paid the direct costs for labor, materials, and equipment used in performing the work determined as hereinafter provided in Sections 9-1.03, “Force Account Payment” of the Caltrans Standard Specifications.
9.4 NOTICE OF POTENTIAL CLAIMS
The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless he shall have given the Engineer due written notice of potential claim.
The written notice of potential claim shall set forth the reasons for which the Contractor believes additional compensation will or may be due, the nature of costs involved, and, insofar as possible, the amount of the potential claim. The said notice as above required must have been given to the Engineer prior to the time that the Contractor shall have performed the work giving rise to the potential claim for additional compensation, if based on an act or failure to act by the Engineer, or in all other cases within 15 calendar days after the happening of the event, thing, occurrence, or other cause giving rise to the potential claim.
It is the intention of this Section 9.4 that differences between the parties arising under and by virtue of the contract be brought to the attention of the Engineer at the earliest possible time in order that such matters may be settled, if possible, or other appropriate action promptly taken. The Contractor hereby agrees that he shall have no right to additional compensation for any claim that may be based on any such act, failure to act, event, thing or occurrence for which no written notice of potential claim as herein required was filed.
The Contractor should understand that timely notice of potential claim is of great importance to the Engineer and the City, and is not merely a formality. Such notice allows the Engineer and the City to consider preventative action, to monitor the Contractor's increased costs resulting from the situation, to marshall facts, and to plan its affairs. Such notice by the Contractor, and the fact that the Engineer has kept account of the cost, shall not in any way be construed as proving the validity of the claim.
9.5 STOP NOTICES
The City of Watsonville, by and through the Public Works/Utilities Department or other appropriate City office or officers, may at its option and at any time retain out of any amounts due the Contractor, sums sufficient to cover claims, filed pursuant to Section 3179 et seq of the Civil Code. Stop notice information may be obtained from the Public Works/Utilities Department, City Hall, 250 Main Street, Watsonville California, 95077.
9.6 PARTIAL PAYMENTS
9.6.1 Cost Breakdown - Within 10 working days after the execution of the contract the Contractor shall submit, on a form supplied by the Engineer, a breakdown of the contract items into salient components with quantities and prices. Lump sum items shall be detailed as individual items and the Contractor shall provide descriptions, quantities and prices. The Engineer shall be the sole judge of the adequacy of the price breakdown. No payments will be made to the Contractor until the breakdown has been submitted to and approved by the Engineer.
9.6.2 Monthly Payment - Within the last 5 working days of each month the Contractor shall prepare an estimate of the total amount of work done and acceptable materials furnished and delivered and unused. Material invoices shall be submitted with material estimates. The estimate shall also include, if applicable, any amounts payable for mobilization. The Engineer shall review, revise and approve the Contractor's monthly estimate. Upon the Engineer's approval the City shall retain 5 percent of such estimated value of the work done and 5 percent of the value of materials which have been furnished and delivered and unused. The City shall pay monthly to the Contractor, while carrying on the work, the balance not retained, as aforesaid, after deducting therefrom all previous payments and all sums to be kept or retained under the provisions of the contract. No such estimate or payment shall be required to be made when, in the judgment of the Engineer, the work is not proceeding in accordance with the provisions of the contract or when the total value of the work done since the last estimate amounts to less than One Thousand Dollars ($1,000.00).
No such estimate or payment shall be construed to be an acceptance of any defective work or improper materials.
Release of retention shall be in accordance with section 9203 of the Public Contract Code.
In addition to the amount which the City may otherwise retain under the contract, the City may withhold a sufficient amount or amounts of any payment or payments otherwise due the Contractor, as in its judgment may be necessary to cover:
a. Payments which may be past due and payable for just claim against the Contractor or any subcontractor for labor or materials furnished for the performance of this contract.
b. For defective work not remedied.
c. For failure of the Contractor to make proper payments to its subcontractor.
d. A reasonable doubt that the contract can be completed for the balance then unpaid.
e. Damage to another Contractor, third party, or to property.
f. Failure of the Contractor to keep its work progressing in accordance with its progress schedule or maintaining current Record Drawings.
g. The City's costs for the Contractor's failure to complete within the allowed time.
h. Cost of insurance arranged by the City due to cancellation or reduction of the Contractor's insurance.
I. Failure to submit, revise, resubmit or otherwise conform to the requirements herein for preparing and maintaining a construction schedule.
j. Failure to make proper submissions, as specified herein.
k. Payments due the City from the Contractor.
l. Reduction of contract price due to modifications in the work.
m. The Contractor's neglect or unsatisfactory prosecution of the work including failure to clean up.
n. Provisions of law that enable or require the City to withhold such payments in whole or in part.
When the above reasons for withholding moneys are removed, payment will be made to the Contractor for the amount withheld due to the above reasons.
9.6.3 Payment of Withheld Funds - Attention is directed to Section 9.6, "Partial Payment," of these General Provisions and in particular to the retention provisions of said section.
Upon the Contractor's request, pursuant to Chapter 13 (commencing with Section 4590), Division 5, Title 1, of the Government Code of the State of California, the City will make payment of funds withheld from progress payments to ensure performance of the contract if the Contractor deposits in escrow with the City, or with a bank acceptable to the City, securities equivalent to the amount withheld. The Contractor shall be the beneficial owner of any of any securities substituted for moneys withheld and shall receive any interest thereon. Upon satisfactory completion of the contract, the securities shall be returned to the Contractor.
Securities eligible for substitution shall include those listed in Section 16430 of the 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 to by the Contractor and the City.
The escrow agreement used pursuant to this Section 9.6.1 shall be substantially similar to the "Escrow Agreement for Security Deposits In Lieu of Retention" in Section 10263 of the Public Contract Code, deemed as incorporated herein by reference.
The Contractor shall obtain the written consent of the surety to such agreement.
9.7 FINAL PAYMENT AND CLAIMS
After the work has been accepted by the Public Works/Utilities Director, as provided in Section 7.14, "Acceptance of Contract," of these General Provisions the Engineer will make a proposed final estimate in writing of the total amount payable to the Contractor, including therein an itemization of said amount, segregated as to contract item quantities, extra work and any other basis for payment, and shall also show therein all deductions made or to be made for prior payments and amounts to be kept or retained under the provisions of the contract. All prior estimates and payments shall be subject to correction in the final estimate. Within 30 calendar days after said proposed final estimate has been submitted to him, the Contractor shall submit to the Engineer his written approval of said proposed final estimate or a written statement of all claims he has arising under or by virtue of the contract. No claim will be considered that was not included in said written statement of claims, nor will any claim be allowed as to which a notice of protest is required under the provisions in Sections 4.3, "Changes," 8.6, "Time of Completion," 8.7, "Liquidated Damages," and 9.4, "Notice of Potential Claims," of these General Provisions unless the Contractor has complied with the notice and protest requirements in said sections.
On the Contractor's approval, or if he files no claim within said period of 30 calendar days, the Engineer will issue a final estimate in writing in accordance with the proposed final estimate submitted to the Contractor and within 45 calendar days thereafter the City will pay the entire sum so found to be due. Such final estimate and payment thereon shall be conclusive and binding against both parties to the contract on all questions relating to the amount of work done and the compensation payable therefor, except as otherwise provided in Sections 9.3.4, "Records," and 9.9, "Clerical Errors" of these General Provisions.
If the Contractor within said period of 30 calendar days files claims the Engineer will issue a semifinal estimate in accordance with the proposed final estimate submitted to the Contractor and within 45 calendar days thereafter the City will pay the sum so found to be due. Such semifinal estimate and payment thereon shall be conclusive and binding against both parties to the contract on all questions relating to the amount of work done and the compensation payable therefor, except insofar as affected by the claims filed within the time and in the manner required hereunder and except as otherwise provided in Sections 9.3.4, "Records," and 9.9, "Clerical Errors" of these General Provisions.
The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claim. The Engineer will consider and determine the Contractor's claims and it will be the responsibility of the Contractor to furnish within a reasonable time further information and details as may be required by the Engineer to determine the facts or contentions involved in his claims. Failure to submit such information and details will be sufficient cause for denying the claims.
The Public Works/Utilities Director will make the final determination of any claims which remain in dispute.
Upon final determination of the claims, the Engineer shall then make and issue his final estimate in writing and within 45 calendar days thereafter the City will pay the entire sum, if any, found due thereon. Such final estimate shall be final and conclusive and binding against both parties to the contract on all questions relating to the compensation payable therefor, except as otherwise provided in Sections 9.3.4, "Records," and 9.9, "Clerical Errors" of these General Provisions.
9.8 ADJUSTMENT OF OVERHEAD COSTS
When the final estimate of the contract cost of the work, including extra work, is made and the total of such final estimate is less than 80 percent of the total bid price for performing the contract work, as submitted by the Contractor in his bid proposal, an adjustment in the final payment to the Contractor to cover overhead costs will be made as set forth below. No adjustment for overhead costs will be made when the total of the final estimate is 80 percent or more of the bid price for performing the contract work.
Additional payment to the Contractor to cover overhead costs as above provided shall be 10 percent of the difference between a computed amount representing 80 percent of the estimated cost of the work as submitted by the Contractor in his bid proposal and the final estimate of cost of the work, including extra work.
The provisions in this Section 9.8 shall not apply to contracts which have been terminated pursuant to Sections 7.9.2, "Legal Actions Against the City," 7.13.1, "Damage by Storm, Flood, Tidal Wave or Earthquake," 8.10, "Termination of Contract," of these General Provisions or other provisions for terminating the contract.
9.9 CLERICAL ERRORS
Notwithstanding the provisions in Section 9.7, "Final Payment and Claims," of these General Provisions for a period of 3 years after acceptance of the work, all estimates and payments made pursuant to said section 9.7 shall be subject to correction and adjustment for clerical errors in the calculations involved in the determination of quantities and payments. The Contractor and the City agree to pay to the other any sum due under the provisions of this Section 9.9, provided, however, if the total sum to be paid is less than $200, no such payment shall be made.
9.10.1 Records of Disputed Work ‑ In proceeding with a portion of the work, the Contractor shall keep accurate records of its costs and shall make available, to the Engineer, a daily summary of the hours and classification of equipment and labor utilized on the disputed work, as well as a summary of any materials or any specialized services which are used. Such information shall be submitted to the Engineer on a monthly basis, receipt of which shall not be construed as an authorization for or an acceptance of the disputed work.
9.10.2 Submission of Claim Costs ‑ Within 30 days after the last cost of work for which the Contractor contends it is due additional compensation is incurred, but if the costs are incurred over a span of more than 30 days, then within 15 days after the thirtieth day and every month thereafter, the Contractor shall submit to the Engineer, as best the Contractor is able, its costs incurred for the claimed matter. Claims shall be made in itemized detail and should the Engineer be dissatisfied with format or detail of presentation, upon request for more or different information, the Contractor will promptly comply, to the satisfaction of the Engineer. If the additional costs are in any respect not knowable with certainty, they shall be estimated as best can be done. In case the claim is found to be just, it shall be allowed and paid for as provided for in Section 4.3, "Changes," of the General Provisions.
9.10.3 Claim Meetings ‑ From time to time the Engineer may call a special meeting to discuss outstanding claims should it deem this of possible help. The Contractor shall cooperate and attend prepared to discuss its claims, making available the personnel necessary for resolution, and all documents which may reasonably be requested by the Engineer.
9.10.4 Resolution of Claims ‑ If the procedures specified in Section 9.7, Final Payment and Claims, or elsewhere in the General Provisions and Special Provisions do not resolve claims arising under or related to the performance of the contract, the Contractor may file a claim in accordance with the claims procedures statutes. For all contracts awarded during the effective dates of Public Contract Code Section 20104, where claims cannot be resolved between the City and Contractor, claims for $375,000 or less shall be resolved pursuant to the provisions of said Code.
Requirements of Section 20104 of the Public Contract Code provides, in part:
For claims of less than $50,000. the City shall respond in writing to any written claim within 45 days of receipt if the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to support the claim the City may have against the Contractor.
If additional information is thereafter required, it shall be requested and provided in accordance with the requirements stated in this sub heading.
The City=s written response to the claim, as further documented, shall be submitted to the Contractor within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the Contractor in producing the additional information, whichever is greater.
For claims of over $50,000 and less than or equal to $375,000, the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to support the claim the City may have against the Contractor.
If additional information is thereafter required, it shall be requested and provided in accordance with the requirements stated in this sub heading.
The City=s written response to the claim, as further documented, shall be submitted to the Contractor within 30 days after receipt of the further documentation or within a period of time no greater than that taken by the Contractor in producing the additional information, whichever is greater.
If the Contractor disputes the City's written response, or the City fails to respond within the time prescribed, the Contractor may notify the City, in writing within 15 days, and demand an informal conference to meet and confer for settlement of the issues in dispute. The City shall then schedule a meet and confer conference within 30 days for settlement of the dispute.
Following the meet and confer conference, if the claim is not settled, the Contractor may file a claim as provided by the claims statutes commencing with California Government Code Section 910. The time within which a Government Code claim must be filed is tolled from the time the Contractor submits the Public Contract Code Claim until the time when the Claim is denied.
If a civil action is filed to resolve the claim, then between 30 and 60 days after the filing of the responsive pleading, the court shall submit the matter to nonbinding mediation. The parties are given 15 days to select a disinterested third party as mediator. If the parties fail to select a mediator within the 15 days, any party may petition the court to appoint a mediator.
The mediation process shall commence within 30 days of submittal and conclude within 15 days of commencement. These time requirements may be extended upon a good cause showing to the court or by stipulation of both parties to the claim.
Upon stipulation of the parties, mediators shall be paid necessary and reasonable hourly rate, of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties.
If the matter remains in dispute, the case must be submitted to judicial arbitration under the Code of Civil Procedure. Discovery is permitted consistent with the rules of judicial arbitration. Arbitrators appointed for these purposes shall be experienced in construction law.
Upon stipulation of the parties, arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except where the arbitrator, for good cause, determines a different division.
A party who appeals an arbitration award and does not obtain a more favorable judgement shall, in addition to payment of costs and fees under the Code of Civil Procedure, pay the attorney's fees of the other party arising out of the appeal.
The City shall pay the portion of undisputed claims as provided for elsewhere in this Contract. In any claim submitted to mediation, arbitration, et. al., the City shall pay interest on any award or judgement. The interest shall begin to accrue on the date the suit is filed and shall be at the legal rate.
Unless this Contract provides otherwise, all claims between the Owner and the Contractor that are not resolved and are not governed by Public Contract Code 20104, shall be resolved as follows:
These claims shall be resolved by the procedures established in Public Contract Code 20104.
The arbitration proceedings established in Public Contract Code 20104.4 shall only apply if both the City and Contractor mutually agree to arbitration.
Should either party to this Contract bring legal action against the other, the case shall be handled by a court of competent jurisdiction in Santa Cruz County, California.
10.1 DUST CONTROL
Water shall be applied for the alleviation or prevention of dust nuisance.
Dust resulting from the Contractor's performance of the work or from public traffic in the work area shall be controlled by the Contractor.
The Contractor may apply water for his convenience.
Water shall be applied in the amounts and at the locations ordered by the Engineer. All equipment used for application shall be equipped with a positive means of shut-off.
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 from public traffic, either inside or outside the right of way. Full compensation for such dust control will be considered as included in the prices paid for the various items of work involved.
10.2 MOBILIZATION
10.2.1 Description - Mobilization shall consist of preparatory work and operations, including, but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidentals to the project site; for the establishment of all offices, buildings and other facilities necessary for work on the project; and for all other work and operations which must be performed or costs incurred prior to beginning work on the various contract items on the project site.
10.2.2 Payment - Attention is directed to Sections 9.6, "Partial Payments," and 9.7, "Final Payment and Claims," of these General Provisions. Payments for mobilization will be made when the monthly partial payment estimate of the amount earned, not including the amount earned for mobilization, is 5 percent or more of the original contract amount.
After acceptance of the contract pursuant to Section 7.14, "Acceptance of Contract," of these General Provisions the amount, if any, of the contract item price for mobilization in excess of 10 percent of the original contract amount will be included for payment in the first estimate made in accordance with said Section 9.7.
The contract lump sum price paid for mobilization shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in mobilization as specified herein.
The adjustment provisions in Section 4.3, "Changes," and the retention of funds provisions in said Section 9.6 shall not apply to the contract lump sum item of mobilization.
When other contract items are adjusted as provided in said Section 4.3, if the costs applicable to such item of work include mobilization costs, such mobilization costs will be deemed to have been recovered by the Contractor by the payments made for mobilization, and will be excluded from consideration in determining compensation under said Section 4.3.
When the contract does not include a contract pay item for mobilization as above specified, full compensation for any necessary mobilization required shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefor.
10.3 EXISTING FACILITIES
10.3.1 Description - This work shall consist of removing existing facilities which interfere with the work. Such facilities shall include all structures, drainage, irrigation and sewer facilities, right of way and traffic control facilities, and any other miscellaneous improvements or facilities not mentioned in section, but located within the area of the work. Removed facilities shall be disposed of, salvaged, relaid, reset, relocated, or reconstructed as specified in these General Provisions and in the Special Provisions.
10.3.2 Preservation of Property - Existing facilities which are to remain in place shall be protected in accordance with the provisions in Section 7.8, "Preservation of Property," Section 7.9, "Responsibility for Damage," and Section 8.9, "Utility and Other Facilities," of these General Provisions.
Trenches, holes, depressions and pits caused by the removal of facilities shall be backfilled to the same thicknesses as the surrounding materials.
10.3.3 Disposal - Removed facilities that are not to be salvaged or reused in the work shall become the property of the Contractor and shall be disposed of as provided in Section 7.10, "Disposal of Material," of these General Provisions.
10.3.4 Salvage - Materials from existing facilities which are specified in the Special Provisions or shown on the plans to be salvaged, shall remain the property of the City. Salvaging shall include the removal, disassembly, preparation, marking, bundling, packaging, tagging, hauling and stockpiling of salvaged materials or facilities to the location specified in the Special Provisions.
All materials from an existing facility to be salvaged shall be salvaged; except, when only specific materials from the facility are designated to be salvaged, the remaining materials from that facility shall be removed and disposed of.
Materials to be salvaged shall not be removed until their use is no longer required as determined by the Engineer.
Salvaged materials shall be cleaned of all earth and other foreign materials.
Salvaged materials shall be hauled directly to the City Corporation Yard, 320 Harvest Drive, Watsonville, California and stockpiled; however, salvaged materials may be temporarily stored at a location selected by the Contractor and approved by the Engineer, and later hauled to and stockpiled at the City Corporation Yard. Materials which are lost for any reason before stockpiling at their final location shall be either replaced by the Contractor at his expense, or, at the discretion of the Engineer, the estimated cost of replacement may be deducted from any moneys due or to become due to the Contractor.
Materials designated to be salvaged that are damaged, as determined by the Engineer, shall be segregated from undamaged material. The damaged material shall become the property of the Contractor and shall be disposed of by the Contractor at his expense in accordance with Section 7.10, "Disposal of Material," of these General Provisions.
Materials to be salvaged that are damaged as a result of the Contractor's operations shall be repaired by the Contractor, at his expense, to the satisfaction of the Engineer. Materials that are damaged beyond repair as a result of the Contractor's operations shall be disposed of and replaced at his expense, or, at the discretion of the Engineer, the estimated cost of replacement may be deducted from any moneys due or to become due to the Contractor.
Replacements for lost or damaged materials shall be of the same kind and of the same or better quality and condition as the lost or damaged materials were prior to their removal.
Salvaged material shall be packaged and bundled as specified in the Special Provisions.
10.3.5 Reconstruction - Facilities that are to be reconstructed or installed at existing or new locations shall conform to the design of the existing facilities and shall be equal in all respects to the best portions of the existing facilities. The work of reconstruction shall be performed in accordance with the requirements of these General Provisions for new work of similar character, which apply to the type of facility to be reconstructed, adjusted, modified, remodeled, relaid, relocated, or reset.
Materials to be reused shall not be removed until their use is no longer required as determined by the Engineer.
Materials to be reused in the work shall be cleaned of all earth and other foreign materials. All adhering concrete shall be removed from materials to be reused in the work.
Materials shown on the plans or specified in the Special Provisions to be reused in the work that are damaged as a result of the Contractor's operations shall be repaired by the Contractor, at his expense, to the satisfaction of the Engineer. Materials that are damaged beyond repair as a result of the Contractor's operations shall be disposed of, as provided in Section 7.10, and replaced at his expense.
Material from existing facilities to be reused in the work that, in the opinion of the Engineer, is unsuitable for use in the work shall become the property of the Contractor and shall be disposed of as provided in said Section 7.10. The unsuitable material shall be replaced with material of a kind and quality equal to the best material in the existing facility. Furnishing of material to replace unsuitable materials as ordered by the Engineer will be paid for as extra work as provided in Section 4.3 of these General Provisions.
10.3.6 Payment - When the contract does not include a contract pay item for removing existing facilities, full compensation for removing any existing facilities required shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefor.
In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares the following:
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.
Bidder declares 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 the date and time of this bid submittal at the City of Watsonville, CA.
The Bidder hereby certifies as follows:
"I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers Compensation or to undertake self‑insurance in accordance with the provisions of that code, and I will comply with such provisions and furnish proof of said insurance before commencing the performance of the work of this contract.”
Please download the below documents, complete, and upload. The Contractor shall provide a list of similar projects that meet the requirements of General Provisions Section 2.11 Certification of Bidder's Experience and Qualifications which consists of the following:
The bidder shall provide a listing of two (2) projects that the bidder completed in the last seven years of equal or greater complexity and of similar nature to the project for which bids are to be received where the construction costs were at least equal to the Engineer's estimate for the project for which bids are to be received. In addition, the bidder shall provide a listing of five (5) projects completed in the last seven years of equal or greater complexity and similar nature to the project for which bids are to be received where the construction costs were at least one-half of the Engineer's estimate for the project for which bids are to be received. The bidder shall provide the project name, the project owner's name, the construction costs, the construction time, the name of the project owner's representative, the project owner's telephone number and the date of final completion.
The City reserves the right to reject any proposal in which the bidder's listing of projects, indicating the bidder's experience, does not meet the requirements specified herein.
In accordance with the Subletting and Subcontracting Fair Practices Act, commencing with Section 4100 of the Public Contract Code, the Bidder shall state the information of any subcontractor that will be performing any portion of work in an amount in excess of one half (1/2) of one percent (1%) of the total bid or $10,000, whichever is greater. The bidder's attention is invited to other provisions of said Act related to imposition of penalties for a failure to observe its provisions by using unauthorized subcontractors or by making unauthorized substitutions.
Please download the below documents, complete, and upload.
Enter your Contractor's License Number that work will be performed under as a prime contractor.
Enter your California DIR Registration Number.
The awarded contract is anticipated to be $1,500,000.00 or greater, and employ three or more crafts, making it subject to the City's Project Labor Agreement. The Contractor agrees to be bound by every provision of the Project Labor Agreement, included as Attachment B on the OpenGov portal, and agrees that it will evidence its acceptance prior to the commencement of work by executing the AGREEMENT TO BE BOUND form contained in the attached Project Labor Agreement.
Please enter your electronic Bid Bond information from Surety2000 below. Once the bond has been secured, the vendor will enter the Bond Number and their Contractor Vendor ID (use company EIN if Vendor ID not provided by surety). When these fields have been filled in, the Verify Bid Bond button becomes active. Clicking the button initiates a request to Surety2000 with the bond information which will then return as verified in the case the information matches, or not verified.
Alternately, an electronic copy of a valid Bid Guarantee Bond may be uploaded to question 11 "Other Attachments" section below.
As an alternative and at their own risk, bidder may deliver or mail a wet signed paper bid bond to City of Watsonville c/o Purchasing Officer, 250 Main Street, Watsonville, CA 95076. Paper bid bond must be received prior to bid submission deadline. Bid bonds not received prior to bid submission deadline will render the bidder non-responsive.
The blank Bid Guarantee Bond Form (Attachment H) is available in the download tab.
The City's standard Performance Bond, Payment Bond, Agreement, Escrow Agreement, and Sample Insurance Certificate are included in the attachments section of OpenGov in a PDF labelled "Post-Bid Contract Documents". The bidder has reviewed these documents and confirms that if this proposal is accepted, to sign the agreement and to furnish the faithful performance bond, the payment bond and the insurance certificate within the time span specified in the General Provisions, and if the undersigned fails to contract as aforesaid, it shall be understood that the contract has been abandoned and therefore that the proposal guarantee shall be forfeited to and become the property of the City.
By submitting a Bid Response, the individual submitting is confirming and has provided proof that they are authorized to do so on behalf of the Company named in the Bid Response.
The bidder agrees that if this proposal is accepted, to sign the agreement and to furnish the faithful performance bond, the payment bond and the insurance certificate within the time span specified in the General Provisions, and if the undersigned fails to contract as aforesaid, it shall be understood that the contract has been abandoned and therefore that the proposal guarantee shall be forfeited to and become the property of the City. Otherwise, the proposal guarantee accompanying this proposal shall be returned to the bidder.
The bidder acknowledges that the representations made herein are made under penalty of perjury.
If any other attachments are required, please upload them here. If contractor is electing to upload an electronic copy of a valid bid bond rather than utilizing Surety2000, please upload it here.
When is the intended date and time for the opening of bids? This is not the deadline for bid submittal, but the time and date scheduled to publicly open and view submitted bids.
State using the following format:
Month, Day, Year, time (a.m. or p.m.)
Example:
April 14, 2024 at 3:00 p.m.
Fill in the blank as if you are filling in the highlighted area below:
All bidders and contractors shall be licensed in accordance with the laws of the State of California. At the time the contract is awarded the Contractor shall possess a Class ???- Type Contractor’s License.
Example:
A - General Engineering
What is the engineer's estimate for this project?
State using words and numbers for amount.
Example:
Thirty Five Thousand Dollar ($35,000.00)
Is the project valued at $1,5000,000 or greater and will it employ three or more labor crafts? If so, the PLA applies. Select yes below to include the PLA attachment in your bid documents.
Q (Electronic Plans): I would like to get access to the electrical plans however, I do not see any of the plans. Please, can they be uploaded for review?
A: The plans and all attachments are included in the "Attachments" tab on OpenGov. The drawings are Attachment A. It does appear the electrical drawings were not incorporated into the initial PDF. We will be issuing an addendum shortly with the mandatory prebid attendance sheet and an updated drawing set.
Q (Anticipated completion date): what is the anticipated completion date for this job?
A: As noted in Special Provision Section 1.8, the contract duration is 182 calendar days from the date of Notice to Proceed.
SLED stands for State, Local, and Education. These are solicitations issued by state governments, counties, cities, school districts, utilities, and higher education institutions — as opposed to federal agencies.
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