SLED Opportunity · CALIFORNIA · CITY OF AMERICAN CANYON
AI Summary
The City of American Canyon seeks proposals for the Zone 5 Water Pump Station Project involving construction of a water booster pump station and related infrastructure. The project requires a Class A licensed contractor, with completion in 320 working days and includes detailed submission and insurance requirements. Mandatory pre-bid conference on April 2, 2026; proposals due April 23, 2026.
Zone 5 Water Pump Station Project
NOTICE IS HEREBY GIVEN that the CITY OF AMERICAN CANYON, STATE OF CALIFORNIA, will receive Contract Proposals up to the hour of 2:00 pm on Thursday, April 23, 2026 through the City's procurement portal at https://procurement.opengov.com/portal/cityofamericancanyon or in person at the City Clerk's office at American Canyon City Hall located at 4381 Broadway. Proposals will be opened immediately thereafter, in person in the HR Annex (Suite 104), and referred to the City Council for consideration at the next regularly scheduled meeting. For proposals submitted in person, the City Clerk's clock will be used to make the official determination of the time bids are submitted.
Sealed proposals should be addressed as follows:
City Clerk
Zone 5 Water Pump Station Project
City of American Canyon
4381 Broadway, Suite 201
American Canyon, CA 94503
A mandatory pre-bid conference will be held in person at 9:00 am on Thursday, April 2, 2026 at 188 Canyon Estates Circle, American Canyon, CA 94503. Attendance will be required to submit a bid.
The Zone 5 Pump Station Project (WA25-0200) is located in American Canyon, California along Canyon Estates Circle. The project consists of construction of a domestic and fire booster system housed in a split-faced CMU building. Project components also include site lighting, grading, asphalt paving, concrete work, hydro-pneumatic tank system, fencing, gates, controls, switchgear, standby diesel generator, domestic water service, emergency eye wash, drainage system, retaining walls, valves, fittings, supports, paintings and coatings, roll up doors, doors and frames, roofing, flashing, gutters, equipment pads, exhaust fans, among other items and appurtenances.
The PG&E‑approved electric material list is hereby incorporated into the contract documents.
See attached Addendum No. 2.
See attached Addendum No. 3.
Zone 5 Water Pump Station Project
NOTICE IS HEREBY GIVEN that the CITY OF AMERICAN CANYON, STATE OF CALIFORNIA, will receive Contract Proposals up to the hour of 2:00 pm on Thursday, April 23, 2026 through the City's procurement portal at https://procurement.opengov.com/portal/cityofamericancanyon or in person at the City Clerk's office at American Canyon City Hall located at 4381 Broadway. Proposals will be opened immediately thereafter, in person in the HR Annex (Suite 104), and referred to the City Council for consideration at the next regularly scheduled meeting. For proposals submitted in person, the City Clerk's clock will be used to make the official determination of the time bids are submitted.
Sealed proposals should be addressed as follows:
City Clerk
Zone 5 Water Pump Station Project
City of American Canyon
4381 Broadway, Suite 201
American Canyon, CA 94503
A mandatory pre-bid conference will be held in person at 9:00 am on Thursday, April 2, 2026 at 188 Canyon Estates Circle, American Canyon, CA 94503. Attendance will be required to submit a bid.
The Zone 5 Pump Station Project (WA25-0200) is located in American Canyon, California along Canyon Estates Circle. The project consists of construction of a domestic and fire booster system housed in a split-faced CMU building. Project components also include site lighting, grading, asphalt paving, concrete work, hydro-pneumatic tank system, fencing, gates, controls, switchgear, standby diesel generator, domestic water service, emergency eye wash, drainage system, retaining walls, valves, fittings, supports, paintings and coatings, roll up doors, doors and frames, roofing, flashing, gutters, equipment pads, exhaust fans, among other items and appurtenances.
1-01 DEFINITIONS - Whenever the following terms occur in the Contract Documents, the meaning shall be interpreted as follows:
ACCEPTANCE -- The formal action by the City Council accepting the work as being complete.
ACCEPTED BID -- The Bid Proposal accepted by the City.
AGREEMENT (CONTRACT) -- The written agreement (contract) executed between the City and the Contractor covering the performance of the work.
BIDDER -- Any person or entity submitting a Bid Proposal for the work contemplated.
CITY -- The City Council and their powers of authority in representing the City of American Canyon, State of California, and as identified in the Agreement.
CONTRACTOR -- The person or entity that entered into the Agreement with the City for the performance of the work as specified in the Contract Documents.
CONSULTANT -- A person or entity either employed by the City or engaged by the City to prepare the Project Plans and Special Provisions for the work involved in the Agreement.
CONTRACT DOCUMENTS -- The Contract Documents include Notice Inviting Bids, Contract Proposal, Contractor’s Experience and Financial Qualifications, Bid Schedule, Bid Bond, Agreement, Faithful Performance Bond, Payment For Labor and Materials Bond, Contractor's Certificate Regarding Worker's Compensation, Certificate of Insurance and Endorsement (Worker's Compensation), Certificate of Insurance and Endorsement (Comprehensive General Liability), General Conditions, Special Provisions, Standard Plans and Specifications, Project Plans, and as set forth in the Agreement; also any and all supplemental agreements amending or extending the work contemplated (supplemental agreements are written agreements covering alterations, amendments, or extensions to the Agreement and include contract change orders).
DAYS -- Unless otherwise specified, days shall mean Calendar days.
DEPARTMENT -- The City of American Canyon Public Works Department
DIRECTOR -- The City Council of the City of American Canyon, California
ENGINEER -- The City Director of Public Works, or person (including a City employee designated as such), or Consultant who may be authorized by the City Director of Public Works to perform work for the City during design of the work or represent the City during the performance of the work by the Contractor and their authorized assistants.
LABORATORY -- The laboratory established and authorized by the ENGINEER to test materials and work involved in the contract.
PLANS -- The plans (drawings, plans), or reproductions thereof, which show the location, character, dimensions, and details of the work to be done under the Agreement.
Standard Plans – The Standard Plans issued by the City of American Canyon.
Project Plans – The project plans are specific details and dimensions peculiar to the work and are supplemented by the Standard Plans insofar as the same may apply’
SPECIFICATIONS -- The direction, provisions, and requirements contained in the City of American Canyon's Public Works Department Engineering Standard Plans and Specifications for Public Improvements (ACSPS) as supplemented by the special provisions.
STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) PLANS AND SPECIFICATIONS – The State Plans and Specifications dated 2018. When in the State Standard Plans and Specifications, or in any documents or instruments where the State Standard Plans and Specifications govern, the following terms or nouns are used, the intent and meaning shall be interpreted as follows:
DEPARTMENT: The City of American Canyon Public Works Department
DIRECTOR: The City Council of the City of American Canyon, California
ENGINEER: The Public Works Director of the City of American Canyon, State of California, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them.
LABORATORY: The laboratory established and authorized by the ENGINEER to test materials and work involved in the contract.
STATE: The City of American Canyon, California
DEPT OF TRANSPORTATION BUILDING, SACRAMENTO: City Hall, 4381 Broadway, Suite 201, American Canyon, CA 94503
SUBCONTRACTOR -- Any person or entity that has a contract or agreement with the Contractor to perform any work at the site. Subcontractor also means any person who has a contract or agreement with a subcontractor to perform any of the work at the site
UTILITY -- Public or private fixed works for the transportation of fluids, gases, power, signals, or communications
1-02 TERMS
Whenever the terms "directed," "required," "permitted," "ordered," "designated," "prescribed," or terms of like meaning are used, it shall be understood that the direction, requirements, permission, order, designation, or prescription of the ENGINEER is intended. Similarly, the terms "approved," "acceptable," "satisfactory," or "equal," or terms of like meaning shall mean approved by or acceptable to or satisfactory to the ENGINEER, unless otherwise expressly stated. The work "provide" shall be understood to mean furnish, install.
1-03 ABBREVIATIONS AND REFERENCED STANDARDS
All material, equipment, tests and workmanship, specified by the number, symbol, or title of a referenced standard shall comply with the latest edition or revision and all amendments and supplements in effect on the date of the Notice Inviting Bids, except where a particular issue is indicated in the reference. Where conflict exists between the Contract Documents and referenced standards, the Contract Documents shall govern. The referenced standards and their abbreviations include, without limitation, the following:
| AASHTO | American Association of the State Highway and Transportation Officials |
| ACI | American Concrete Institute |
| AI | The Asphalt Institute |
| AISC | American Institute of Steel Construction |
| AISI | American Iron & Steel Institute |
| ANSI | American National Standards Institute (formerly USASI, USAS, ASA) |
| API | American Petroleum Institute |
| APWA | American Public Works Association |
| ASA | American Standards Association (Now ANTI) |
| ASCE | American Society of Civil Engineers |
| ASTM | American Society for Testing and Materials |
| AWA | American Welding Society |
| AWWA | American Water Works Association |
| BAAQMD | Bay Area Air Quality Management District |
| CRSI | Concrete Reinforcing Steel Institute |
| Fed Spec | Federal Specification |
| HI | Hydraulics Institute |
| NESHAP | National Emission Standard for the Hazardous Air Pollutants |
| NFPA | National Fire Protection Association |
| OSHA | Occupational Safety and Health Administration, U.S. Department of Labor |
| PCA | Portland Cement Association |
| PS | Product Standard, U.S. Department of Commerce |
| SSPC | Steel Structures Painting Council |
| U/L or UL | Underwriters' Laboratories, Inc. |
| USASI/USA | United States of America Standards Institute (Now ANTI) |
1-04 STANDARDS
Wherever references are made to published specifications, codes, standards, or other requirements, and where no date is specified, it shall be understood that the latest specifications, standards, or requirements of the respective issuing agencies published as of the date that the work is advertised for bids, shall apply; except to the extent that said standards or requirement s may be in conflict with applicable laws, ordinances, or governing codes. No requirement set forth herein or shown on the Drawings shall be waived because of any provision of, or omission from, said standards or requirement.
1-01 DEFINITIONS - Whenever the following terms occur in the Contract Documents, the meaning shall be interpreted as follows:
ACCEPTANCE -- The formal action by the City Council accepting the work as being complete.
ACCEPTED BID -- The Bid Proposal accepted by the City.
AGREEMENT (CONTRACT) -- The written agreement (contract) executed between the City and the Contractor covering the performance of the work.
BIDDER -- Any person or entity submitting a Bid Proposal for the work contemplated.
CITY -- The City Council and their powers of authority in representing the City of American Canyon, State of California, and as identified in the Agreement.
CONTRACTOR -- The person or entity that entered into the Agreement with the City for the performance of the work as specified in the Contract Documents.
CONSULTANT -- A person or entity either employed by the City or engaged by the City to prepare the Project Plans and Special Provisions for the work involved in the Agreement.
CONTRACT DOCUMENTS -- The Contract Documents include Notice Inviting Bids, Contract Proposal, Contractor’s Experience and Financial Qualifications, Bid Schedule, Bid Bond, Agreement, Faithful Performance Bond, Payment For Labor and Materials Bond, Contractor's Certificate Regarding Worker's Compensation, Certificate of Insurance and Endorsement (Worker's Compensation), Certificate of Insurance and Endorsement (Comprehensive General Liability), General Conditions, Special Provisions, Standard Plans and Specifications, Project Plans, and as set forth in the Agreement; also any and all supplemental agreements amending or extending the work contemplated (supplemental agreements are written agreements covering alterations, amendments, or extensions to the Agreement and include contract change orders).
DAYS -- Unless otherwise specified, days shall mean Calendar days.
DEPARTMENT -- The City of American Canyon Public Works Department
DIRECTOR -- The City Council of the City of American Canyon, California
ENGINEER -- The City Director of Public Works, or person (including a City employee designated as such), or Consultant who may be authorized by the City Director of Public Works to perform work for the City during design of the work or represent the City during the performance of the work by the Contractor and their authorized assistants.
LABORATORY -- The laboratory established and authorized by the ENGINEER to test materials and work involved in the contract.
PLANS -- The plans (drawings, plans), or reproductions thereof, which show the location, character, dimensions, and details of the work to be done under the Agreement.
Standard Plans – The Standard Plans issued by the City of American Canyon.
Project Plans – The project plans are specific details and dimensions peculiar to the work and are supplemented by the Standard Plans insofar as the same may apply’
SPECIFICATIONS -- The direction, provisions, and requirements contained in the City of American Canyon's Public Works Department Engineering Standard Plans and Specifications for Public Improvements (ACSPS) as supplemented by the special provisions.
STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) PLANS AND SPECIFICATIONS – The State Plans and Specifications dated 2018. When in the State Standard Plans and Specifications, or in any documents or instruments where the State Standard Plans and Specifications govern, the following terms or nouns are used, the intent and meaning shall be interpreted as follows:
DEPARTMENT: The City of American Canyon Public Works Department
DIRECTOR: The City Council of the City of American Canyon, California
ENGINEER: The Public Works Director of the City of American Canyon, State of California, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them.
LABORATORY: The laboratory established and authorized by the ENGINEER to test materials and work involved in the contract.
STATE: The City of American Canyon, California
DEPT OF TRANSPORTATION BUILDING, SACRAMENTO: City Hall, 4381 Broadway, Suite 201, American Canyon, CA 94503
SUBCONTRACTOR -- Any person or entity that has a contract or agreement with the Contractor to perform any work at the site. Subcontractor also means any person who has a contract or agreement with a subcontractor to perform any of the work at the site
UTILITY -- Public or private fixed works for the transportation of fluids, gases, power, signals, or communications
1-02 TERMS
Whenever the terms "directed," "required," "permitted," "ordered," "designated," "prescribed," or terms of like meaning are used, it shall be understood that the direction, requirements, permission, order, designation, or prescription of the ENGINEER is intended. Similarly, the terms "approved," "acceptable," "satisfactory," or "equal," or terms of like meaning shall mean approved by or acceptable to or satisfactory to the ENGINEER, unless otherwise expressly stated. The work "provide" shall be understood to mean furnish, install.
1-03 ABBREVIATIONS AND REFERENCED STANDARDS
All material, equipment, tests and workmanship, specified by the number, symbol, or title of a referenced standard shall comply with the latest edition or revision and all amendments and supplements in effect on the date of the Notice Inviting Bids, except where a particular issue is indicated in the reference. Where conflict exists between the Contract Documents and referenced standards, the Contract Documents shall govern. The referenced standards and their abbreviations include, without limitation, the following:
| AASHTO | American Association of the State Highway and Transportation Officials |
| ACI | American Concrete Institute |
| AI | The Asphalt Institute |
| AISC | American Institute of Steel Construction |
| AISI | American Iron & Steel Institute |
| ANSI | American National Standards Institute (formerly USASI, USAS, ASA) |
| API | American Petroleum Institute |
| APWA | American Public Works Association |
| ASA | American Standards Association (Now ANTI) |
| ASCE | American Society of Civil Engineers |
| ASTM | American Society for Testing and Materials |
| AWA | American Welding Society |
| AWWA | American Water Works Association |
| BAAQMD | Bay Area Air Quality Management District |
| CRSI | Concrete Reinforcing Steel Institute |
| Fed Spec | Federal Specification |
| HI | Hydraulics Institute |
| NESHAP | National Emission Standard for the Hazardous Air Pollutants |
| NFPA | National Fire Protection Association |
| OSHA | Occupational Safety and Health Administration, U.S. Department of Labor |
| PCA | Portland Cement Association |
| PS | Product Standard, U.S. Department of Commerce |
| SSPC | Steel Structures Painting Council |
| U/L or UL | Underwriters' Laboratories, Inc. |
| USASI/USA | United States of America Standards Institute (Now ANTI) |
1-04 STANDARDS
Wherever references are made to published specifications, codes, standards, or other requirements, and where no date is specified, it shall be understood that the latest specifications, standards, or requirements of the respective issuing agencies published as of the date that the work is advertised for bids, shall apply; except to the extent that said standards or requirement s may be in conflict with applicable laws, ordinances, or governing codes. No requirement set forth herein or shown on the Drawings shall be waived because of any provision of, or omission from, said standards or requirement.
Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Contractor’s general liability policies shall be primary and non-contributory, and be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that City and its officers, officials, employees, attorneys and agents shall be additional insureds under such policies. For construction contracts, an endorsement providing completed operations to the additional insured, ISO form CG 20 37, is also required.
The Engineer's estimate is $4,637,000.
All work is to be done under contract, in accordance with the plans, specifications and drawings contained within and accompanying the CONTRACT DOCUMENTS. The Contract Proposal must be completed in its entirety and submitted through on the forms contained in the CONTRACT DOCUMENTS. Any proposal which is incomplete will be rejected. The Contract Documents, including the complete specifications and plans, planholders list and addenda are available for review and/or purchase at www.blueprintexpress.com/amcan or through the procurement portal. Documents will be transmitted electronically or sent via FedEx for an additional shipping charge. List of planholders, addenda, and bid results will be available on the City's procurement portal at https://procurement.opengov.com/portal/cityofamericancanyon.
Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Contractor’s general liability policies shall be primary and non-contributory, and be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that City and its officers, officials, employees, attorneys, and agents shall be additional insureds under such policies. For construction contracts, an endorsement providing completed operations to the additional insured, ISO form CG 20 37, is also required.
No bid will be accepted from a bidder who is not licensed in the State of California as a Class A License, (licensed in accordance with the provisions of Division 3, Chapter 9, of the Business and Professions Code of the State of California).
Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than five million dollars ($5,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Contractor’s general liability policies shall be primary and non-contributory, and be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that City and its officers, officials, employees, attorneys, and agents shall be additional insureds under such policies. For construction contracts, an endorsement providing completed operations to the additional insured, ISO form CG 20 37, is also required.
2-01 CONTRACT DOCUMENTS
The Contract Documents are set forth in the Agreement and defined in Section 1-01 of the General Provisions.
2-02 LICENSE
No bid will be accepted from a bidder who is not licensed as a Class A Contractor in accordance with the provisions of Division 3, Chapter 9, of the Business and Professions Code of the State of California.
2-03 EXISTING CONDITIONS AND EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF WORK--CITY INVESTIGATIONS
Bidders and contractors shall carefully examine the Contract Documents and the work site. The submittal of a Contract Proposal shall be conclusive evidence that each has investigated and is satisfied as to the conditions to be encountered, including locality, uncertainty of weather and all other contingencies, and the character, quality, quantities, and scope of the work, materials to be furnished, and all Agreement requirements.
The Contract Documents for the work show conditions as they are supposed or believed by the ENGINEER to exist; but it is not intended nor is it to be inferred that the conditions as shown constitute a representation by the City and the ENGINEER that such conditions actually exist. Neither shall have any liability for any loss resulting from any variance of the conditions, as shown or described in the Contract Documents, and the actual conditions revealed during the progress of the work or otherwise. Nor shall any additional compensation be paid.
Where the City or ENGINEER has made investigations of subsurface conditions, in areas where the work is to be performed, such investigations were made only for the purpose of study and design. Where such investigations have been made, bidders or contractors may inspect the records as to such investigations, subject to and upon the conditions hereinafter set forth.
The records of such investigations are not a part of the Agreement and are shown solely for the convenience of bidders or contractors. It is expressly understood and agreed that the City and the ENGINEER assume no responsibility whatsoever in respect to the sufficiency or accuracy of the investigations, the records thereof, or of the interpretations set forth therein, or made by the City or the ENGINEER in their use.
There is no representation, warranty or guarantee, either express or implied, that the conditions indicated by such investigations or records represented exist at the point of investigation or elsewhere, or that unlooked for developments may not occur, or that materials other than, or in proportions, densities, or other characteristics different from those indicated, will not be encountered.
When a log of test borings or other matters showing a record of the data obtained by the City or the ENGINEER of subsurface conditions is included with the Contract Documents, it is expressly understood and agreed that said log of test borings and other matters do not constitute a part of the Agreement, and represents only the opinion of the City or the ENGINEER as to the character of the materials encountered by them in the test borings.
The availability or use of information described in this section is not to be construed in any way as a waiver of the provisions of the first paragraph in this section. Bidders or contractors are cautioned to make such independent investigations and examination as each deems necessary to satisfy themselves as to conditions to be encountered in the performance of the work.
No information derived from such inspection of records of investigations or compilation thereof (whether or not included in the Contract Documents) made by the City or the ENGINEER will in any way relieve bidders or contractors from any risk or from properly fulfilling the terms of the Agreement, nor entitle the Contractor, the Contractor's subcontractors, or others to any additional compensation.
2-04 INTERPRETATION OF CONTRACT DOCUMENTS
If any bidder should find discrepancies in, or omission from the Project Plans, Special Provisions, or other Contract Documents, or if the bidder should be in doubt as to the true meaning of any part thereof, the bidder shall at once, but not later than seven (7) days before the scheduled opening time of bids, make a written request to the ENGINEER for correction, clarification, or interpretation of the point or points in question. The person submitting such request shall be responsible for its prompt delivery.
In the event that the ENGINEER receives such a request, and it should be found that essential information is not clearly and fully set forth, or the ENGINEER discovers errors, omissions, or points requiring clarification in the Contract Documents, a written addendum will be emailed to each person to whom a set of Contract Documents has been delivered. The City and the ENGINEER will not be responsible for any instructions, explanations, or interpretations of the Contract Documents presented to bidders in any manner other than by written addendum.
2-05 ADDENDA OR BULLETINS
The effect of all addenda to the Contract Documents shall be considered in the bid, and said addenda shall be made a part of the Contract Documents and shall be returned with them. Before submitting the Contract Proposal, each bidder shall inform themselves as to whether or not any addenda have been issued. The bidder's failure to cover in their proposal any such addenda issued, may render their proposal informal and result in the proposals rejection.
2-06 BIDS
Bids shall be made in accordance with the following:
2-07 WITHDRAWAL OF BID
Any bidder may withdraw their bid in person, or by a signed written request, at any time prior to the scheduled opening time of bids.
The withdrawal of a bid does not prejudice the right of a bidder to file a new bid, so long as the new bid is filed with the City prior to the closing time specified for all bids.
A bid will not be accepted after the designated closing time, even if bids are opened at a time later than that designated on the Notice Inviting Bids.
2-08 OPENING OF CONTRACT PROPOSALS
The City will, in open session, publicly open, examine, and declare the bids at the time set forth in the Notice Inviting Bids. Bidders or their authorized representatives are invited to be present.
The successful Contractor will be required to furnish, with the Agreement, a Faithful Performance Bond in the amount of one hundred percent (100%) of the Agreement price and a Payment for Labor and Materials Bond in the amount of one hundred percent (100%) of the Agreement price. The successful Contractor will be required to furnish, prior to issuance of a Notice of Completion, a Warrantee Bond in the amount of ten percent (10%) of the final Agreement price. The successful Contractor shall also furnish Certificates of Insurance evidencing that all insurance coverage required by the CONTRACT DOCUMENTS has been so secured.
2-01 CONTRACT DOCUMENTS
The Contract Documents are set forth in the Agreement and defined in Section 1-01 of the General Provisions.
2-02 LICENSE
No bid will be accepted from a bidder who is not licensed as a Class A Contractor in accordance with the provisions of Division 3, Chapter 9, of the Business and Professions Code of the State of California.
2-03 EXISTING CONDITIONS AND EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF WORK--CITY INVESTIGATIONS
Bidders and contractors shall carefully examine the Contract Documents and the work site. The submittal of a Contract Proposal shall be conclusive evidence that each has investigated and is satisfied as to the conditions to be encountered, including locality, uncertainty of weather and all other contingencies, and the character, quality, quantities, and scope of the work, materials to be furnished, and all Agreement requirements.
The Contract Documents for the work show conditions as they are supposed or believed by the ENGINEER to exist; but it is not intended nor is it to be inferred that the conditions as shown constitute a representation by the City and the ENGINEER that such conditions actually exist. Neither shall have any liability for any loss resulting from any variance of the conditions, as shown or described in the Contract Documents, and the actual conditions revealed during the progress of the work or otherwise. Nor shall any additional compensation be paid.
Where the City or ENGINEER has made investigations of subsurface conditions, in areas where the work is to be performed, such investigations were made only for the purpose of study and design. Where such investigations have been made, bidders or contractors may inspect the records as to such investigations, subject to and upon the conditions hereinafter set forth.
The records of such investigations are not a part of the Agreement and are shown solely for the convenience of bidders or contractors. It is expressly understood and agreed that the City and the ENGINEER assume no responsibility whatsoever in respect to the sufficiency or accuracy of the investigations, the records thereof, or of the interpretations set forth therein, or made by the City or the ENGINEER in their use.
There is no representation, warranty or guarantee, either express or implied, that the conditions indicated by such investigations or records represented exist at the point of investigation or elsewhere, or that unlooked for developments may not occur, or that materials other than, or in proportions, densities, or other characteristics different from those indicated, will not be encountered.
When a log of test borings or other matters showing a record of the data obtained by the City or the ENGINEER of subsurface conditions is included with the Contract Documents, it is expressly understood and agreed that said log of test borings and other matters do not constitute a part of the Agreement, and represents only the opinion of the City or the ENGINEER as to the character of the materials encountered by them in the test borings.
The availability or use of information described in this section is not to be construed in any way as a waiver of the provisions of the first paragraph in this section. Bidders or contractors are cautioned to make such independent investigations and examination as each deems necessary to satisfy themselves as to conditions to be encountered in the performance of the work.
No information derived from such inspection of records of investigations or compilation thereof (whether or not included in the Contract Documents) made by the City or the ENGINEER will in any way relieve bidders or contractors from any risk or from properly fulfilling the terms of the Agreement, nor entitle the Contractor, the Contractor's subcontractors, or others to any additional compensation.
2-04 INTERPRETATION OF CONTRACT DOCUMENTS
If any bidder should find discrepancies in, or omission from the Project Plans, Special Provisions, or other Contract Documents, or if the bidder should be in doubt as to the true meaning of any part thereof, the bidder shall at once, but not later than seven (7) days before the scheduled opening time of bids, make a written request to the ENGINEER for correction, clarification, or interpretation of the point or points in question. The person submitting such request shall be responsible for its prompt delivery.
In the event that the ENGINEER receives such a request, and it should be found that essential information is not clearly and fully set forth, or the ENGINEER discovers errors, omissions, or points requiring clarification in the Contract Documents, a written addendum will be emailed to each person to whom a set of Contract Documents has been delivered. The City and the ENGINEER will not be responsible for any instructions, explanations, or interpretations of the Contract Documents presented to bidders in any manner other than by written addendum.
2-05 ADDENDA OR BULLETINS
The effect of all addenda to the Contract Documents shall be considered in the bid, and said addenda shall be made a part of the Contract Documents and shall be returned with them. Before submitting the Contract Proposal, each bidder shall inform themselves as to whether or not any addenda have been issued. The bidder's failure to cover in their proposal any such addenda issued, may render their proposal informal and result in the proposals rejection.
2-06 BIDS
Bids shall be made in accordance with the following:
2-07 WITHDRAWAL OF BID
Any bidder may withdraw their bid in person, or by a signed written request, at any time prior to the scheduled opening time of bids.
The withdrawal of a bid does not prejudice the right of a bidder to file a new bid, so long as the new bid is filed with the City prior to the closing time specified for all bids.
A bid will not be accepted after the designated closing time, even if bids are opened at a time later than that designated on the Notice Inviting Bids.
2-08 OPENING OF CONTRACT PROPOSALS
The City will, in open session, publicly open, examine, and declare the bids at the time set forth in the Notice Inviting Bids. Bidders or their authorized representatives are invited to be present.
Prevailing wages are required on this Contract. The ENGINEER of the California Department of Industrial Relations determines the general prevailing wage rates. Obtain the wage rates at the DIR Web site, http://www.dir.ca.gov, or from the Department's Labor Compliance Office of the district in which the work is located.
Contractor shall maintain and provide completed operations coverage and to the additional insured using ISO form CG 20 37. Contractor shall maintain insurance as required by this Agreement to the fullest amount allowed by law and shall maintain insurance for a minimum of five (5) years following the completion of this project. In the event Contractor fails to obtain or maintain completed operations coverage as required by this Agreement, the City at its sole discretion may purchase the coverage required and the cost will be paid by Contractor.
All Contract Proposals shall be accompanied by a cashier's or certified check payable to the order of the City of American Canyon, amounting to ten percent (10%) of the bid, or by a Bid Bond in said amount, on the form included within the Contract Proposal. Said check shall be forfeited, or said bond shall become payable, in case the Bidder depositing same does not complete the requirements as defined in the CONTRACT DOCUMENTS in the time set forth herein below.
Contractors must comply with the Department of Industrial Relations (DIR) compliance monitoring unit and labor compliance program. Contractors are required to register before bidding on and entering into contracts for state and local public works projects.
Contractor shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01, or the exact equivalent, with a limit of no less than one million dollars ($1,000,000) per accident. If Contractor owns no vehicles, this requirement may be met through a non-owned auto endorsement to the CGL policy.
The successful Contractor will be required to agree to be a party to and be bound by the City of American Canyon Project Labor Agreement (PLA) for this project.
Contractor shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01, or the exact equivalent, with a limit of no less than five million dollars ($5,000,000) per accident. If Contractor owns no vehicles, this requirement may be met through a non-owned auto endorsement to the CGL policy.
Requests for information may be directed to the Public Works Department:
Engineering Division
City of American Canyon
4381 Broadway, Suite 201
American Canyon, CA 94503
For general information, call (707) 647-4588.
All technical questions or requests for information may be submitted via email to Edison Bisnar, Sr. Civil Engineer, at ebisnar@americancanyon.gov or through the procurement portal. Technical questions and Requests for Information will not be accepted after 5:00 pm on Friday, April 10, 2026.
Garage keepers’ extra liability endorsement to extend coverage to all vehicles in the care, custody and control of the Contractor or Consultant, regardless of where the vehicles are kept or driven.
The Contractor shall execute required documents within seven (7) calendar days after the Notice of Award; shall begin work within five (5) calendar days of issuance of the Notice to Proceed; and shall complete work within 320 working days of issuance of the Notice to Proceed.
The City Council reserves the right to reject any and all proposals, to waive any irregularities, and to award the contract to other than the lowest Bidder. No Bidder may withdraw their Contract Proposal for a period of sixty (60) days after the bid opening. Copies of the CONTRACT DOCUMENTS may be examined or obtained through the procurement portal or at the address stated herein.
Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance with limits of at least one million dollars ($1,000,000). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
Contractor shall maintain professional liability insurance that insures against professional errors and omissions that may be made in performing the Services to be rendered in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement, and Contractor agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.
3-01 AWARD OF CONTRACT OR REJECTION OF PROPOSALS
No bidder may withdraw their Bid Proposal for a period of sixty (60) days after the date set for the opening of bids. The contract for the work will either be awarded or the bids rejected by the City.
The contract for the work, if awarded, will be awarded to the lowest responsible bidder whose proposal complies with all requirements prescribed and with the Notice Inviting Bids. The City, however, reserves the right to select the schedules under which bids are to be compared, to reject any or all bids, and to waive any irregularity, discrepancies or technical errors in the bids received. If, in the opinion of the City, a bid is unbalanced or if the bidder is not responsible, it shall be considered sufficient grounds for rejection of the entire bid.
Before award of the contract, any bidder, upon request, may be required to furnish additional information regarding the bidder's financial condition and previous construction experience or such other evidence of the Contractor's qualifications as may be requested by the City.
3-02 EXECUTION OF CONTRACT
A bidder, to whom award is made, shall execute the written Agreement with the City on the form which is part of these Contract Documents, and shall furnish required bonds and insurance certificates within seven (7) days from the date of receipt of Notice of Award from the City. The Agreement, along with required bonds, Certificates of Insurance, and other documents to be executed by the Contractor, shall be executed in original-quadruplicate (4), three (3) each shall be filed with the City, and one each will be returned to the Contractor.
3-03 FAILURE TO EXECUTE THE AGREEMENT
If a bidder, to whom award is made, fails or refuses to execute the Agreement, or to furnish required bonds or insurance certificates within the time indicated in Section 3-02, the money represented by the bidder's security shall be forfeited and become the property of the City. At the discretion of the City, an award may be made to the second lowest responsible bidder. If the second lowest bidder fails to execute the Agreement, or to furnish required bonds, the City may likewise award the Agreement to the third lowest bidder. The second lowest bidder, to whom an Agreement is awarded, will then forfeit their bidder's security. If the third lowest bidder fails to execute the Agreement, or to furnish required bonds, the third lowest bidder, to whom an Agreement is awarded, will then forfeit their bidder's security.
3-04 BONDS
The successful bidder, concurrently with the execution of the Agreement, shall furnish a Payment for Labor and Materials Bond and a Faithful Performance Bond each in an amount equal to one hundred percent (100%) of the Agreement price. The successful bidder, prior to issuance of a Notice of Completion, shall furnish a Warrantee Bond in an amount equal to twenty percent (20%) of the final Agreement price. Bonds shall be furnished by surety companies satisfactory to the City on the forms furnished as a part of the Contract Documents.
Surety companies, to be acceptable to the City, must be authorized to do business and have an agent for service of process in California, and be on the accredited list of the U.S. Treasury Dept. Their bonds will be limited to such amounts as would be acceptable to the Treasury Department.
3-05 INSURANCE
The successful bidder will be required to furnish proof of full compliance with all insurance requirements as specified in this Section. The form of certificates of insurance & endorsements required are included in the Contract Documents and should be carefully examined by bidder. No substitutions for the certificates and endorsements will be permitted. All insurers must be satisfactory to the City.
3-06 GENERAL
The Contractor shall not commence or continue to perform any work unless, at the Contractor's own expense, has in full force and effect, all required insurance with the companies satisfactory to the City. The Contractor shall not permit any subcontractor to perform work on this project unless the worker's compensation insurance requirements have been compiled with by such subcontractor.
3-07 WORKER’S COMPENSATION INSURANCE
Upon execution of the Agreement by the Contractor, the Contractor shall provide Certificate(s) of Insurance certifying that the Contractor and each of the subcontractors have for the period of the Agreement full worker's compensation insurance coverage for all persons who are or may be employed in carrying out the work under the Agreement. This insurance shall be in strict accordance with the requirements of the current state worker's compensation insurance laws.
3-08 INDEMNIFICATION
Contractor and City agree that City, its employees, agents and officials shall, to the fullest extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorney’s fees, litigation costs, defense costs, court costs or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to the City. Contractor acknowledges that City would not enter into this agreement in the absence of the commitment of Contractor to indemnify and protect City as set forth below.
3-09 INSURANCE REQUIREMENTS
Contractor shall procure, and maintain for the duration of the contract, at least the minimum insurance as set forth in Exhibit D of the Agreement. The cost of such insurance shall be included in the Contractor’s bid. These Insurance Requirements are independent of and shall not in any way limit or reduce the Indemnity and other obligations under this Agreement. These Insurance Requirements shall be regarded as the minimum required and do not in any way represent or imply that such coverage is sufficient to adequately cover the Contractor’s liability under this Agreement. These Insurance Requirements shall not in any way act to reduce the coverage afforded under Contractor’s policies of insurance if such coverage is broader or includes higher limits than those shown. Contractor and its advisors in their sole discretion shall determine if additional coverages or limits may be needed to adequately insure Contractor’s obligations under this agreement.
3-10 DEFAULT AND REMEDIES
3-01 AWARD OF CONTRACT OR REJECTION OF PROPOSALS
No bidder may withdraw their Bid Proposal for a period of sixty (60) days after the date set for the opening of bids. The contract for the work will either be awarded or the bids rejected by the City.
The contract for the work, if awarded, will be awarded to the lowest responsible bidder whose proposal complies with all requirements prescribed and with the Notice Inviting Bids. The City, however, reserves the right to select the schedules under which bids are to be compared, to reject any or all bids, and to waive any irregularity, discrepancies or technical errors in the bids received. If, in the opinion of the City, a bid is unbalanced or if the bidder is not responsible, it shall be considered sufficient grounds for rejection of the entire bid.
Before award of the contract, any bidder, upon request, may be required to furnish additional information regarding the bidder's financial condition and previous construction experience or such other evidence of the Contractor's qualifications as may be requested by the City.
3-02 EXECUTION OF CONTRACT
A bidder, to whom award is made, shall execute the written Agreement with the City on the form which is part of these Contract Documents, and shall furnish required bonds and insurance certificates within seven (7) days from the date of receipt of Notice of Award from the City. The Agreement, along with required bonds, Certificates of Insurance, and other documents to be executed by the Contractor, shall be executed in original-quadruplicate (4), three (3) each shall be filed with the City, and one each will be returned to the Contractor.
3-03 FAILURE TO EXECUTE THE AGREEMENT
If a bidder, to whom award is made, fails or refuses to execute the Agreement, or to furnish required bonds or insurance certificates within the time indicated in Section 3-02, the money represented by the bidder's security shall be forfeited and become the property of the City. At the discretion of the City, an award may be made to the second lowest responsible bidder. If the second lowest bidder fails to execute the Agreement, or to furnish required bonds, the City may likewise award the Agreement to the third lowest bidder. The second lowest bidder, to whom an Agreement is awarded, will then forfeit their bidder's security. If the third lowest bidder fails to execute the Agreement, or to furnish required bonds, the third lowest bidder, to whom an Agreement is awarded, will then forfeit their bidder's security.
3-04 BONDS
The successful bidder, concurrently with the execution of the Agreement, shall furnish a Payment for Labor and Materials Bond and a Faithful Performance Bond each in an amount equal to one hundred percent (100%) of the Agreement price. The successful bidder, prior to issuance of a Notice of Completion, shall furnish a Warrantee Bond in an amount equal to twenty percent (20%) of the final Agreement price. Bonds shall be furnished by surety companies satisfactory to the City on the forms furnished as a part of the Contract Documents.
Surety companies, to be acceptable to the City, must be authorized to do business and have an agent for service of process in California, and be on the accredited list of the U.S. Treasury Dept. Their bonds will be limited to such amounts as would be acceptable to the Treasury Department.
3-05 INSURANCE
The successful bidder will be required to furnish proof of full compliance with all insurance requirements as specified in this Section. The form of certificates of insurance & endorsements required are included in the Contract Documents and should be carefully examined by bidder. No substitutions for the certificates and endorsements will be permitted. All insurers must be satisfactory to the City.
3-06 GENERAL
The Contractor shall not commence or continue to perform any work unless, at the Contractor's own expense, has in full force and effect, all required insurance with the companies satisfactory to the City. The Contractor shall not permit any subcontractor to perform work on this project unless the worker's compensation insurance requirements have been compiled with by such subcontractor.
3-07 WORKER’S COMPENSATION INSURANCE
Upon execution of the Agreement by the Contractor, the Contractor shall provide Certificate(s) of Insurance certifying that the Contractor and each of the subcontractors have for the period of the Agreement full worker's compensation insurance coverage for all persons who are or may be employed in carrying out the work under the Agreement. This insurance shall be in strict accordance with the requirements of the current state worker's compensation insurance laws.
3-08 INDEMNIFICATION
Contractor and City agree that City, its employees, agents and officials shall, to the fullest extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorney’s fees, litigation costs, defense costs, court costs or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to the City. Contractor acknowledges that City would not enter into this agreement in the absence of the commitment of Contractor to indemnify and protect City as set forth below.
3-09 INSURANCE REQUIREMENTS
Contractor shall procure, and maintain for the duration of the contract, at least the minimum insurance as set forth in Exhibit D of the Agreement. The cost of such insurance shall be included in the Contractor’s bid. These Insurance Requirements are independent of and shall not in any way limit or reduce the Indemnity and other obligations under this Agreement. These Insurance Requirements shall be regarded as the minimum required and do not in any way represent or imply that such coverage is sufficient to adequately cover the Contractor’s liability under this Agreement. These Insurance Requirements shall not in any way act to reduce the coverage afforded under Contractor’s policies of insurance if such coverage is broader or includes higher limits than those shown. Contractor and its advisors in their sole discretion shall determine if additional coverages or limits may be needed to adequately insure Contractor’s obligations under this agreement.
3-10 DEFAULT AND REMEDIES
Contractor shall maintain professional liability insurance that insures against professional errors and omissions that may be made in performing the Services to be rendered in connection with this Agreement, in the minimum amount of two million dollars ($2,000,000) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement, and Contractor agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.
Contractor shall provide Builders Risk Insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions.
Upon commencement of construction and with approval of City, Contractor shall obtain and maintain Builder’s Risk/Course of Construction insurance. Policy shall be provided for replacement value on an "all-risk" basis. The City shall be named as Loss Payee on the policy and there shall be no coinsurance penalty provision in any such policy. Policy must include: (1) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures, and all other properties constituting a part of the project; (2) coverage with limits sufficient to insure the full replacement value of any property or equipment stored either on or off the project site. Such insurance shall be on a form acceptable to City to ensure adequacy of terms and limits. Contractor shall not be required to maintain property insurance for any portion of the Project following transfer of control thereof to City.
Pollution Coverage shall be provided on a Contractors Pollution Liability form or other form acceptable to City providing coverage for liability arising out of sudden, accidental and gradual pollution and remediation. The policy limit shall be no less than two million dollars ($2,000,000) per claim. All activities contemplated in this agreement shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non-owned disposal sites.
Contractor shall provide the following Surety Bonds:
Bid Bond, Performance Bond, Payment Bond, Warrantee Bond
The Payment Bond and Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty a separate Warrantee Bond is not necessary. If the warranty period specified in the contracts is for longer than one (1) year a Warrantee Bond equal to ten percent (10%) of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.
The insurance policies are to contain, or be endorsed to contain the following provisions:
Additional Insured Status: The insurance policies are to contain, or be endorsed to contain the following provision:
The City, its elected and appointed officials, officers, attorneys, agents, and employees are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor or Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s or Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10 and CG 20 37 if a later edition is used).
Primary Coverage: The insurance policies are to contain, or be endorsed to contain the following provision:
For any claims related to this contract, the Contractor’s or Consultant’s insurance coverage shall be primary insurance as respects the City, its elected and appointed officials, officers, attorneys, agents, and employees. Any insurance or self insurance maintained by the City its elected and appointed officials, officers, attorneys, agents, and employees shall be in excess of the Contractor’s or Consultant’s insurance and shall not contribute with it.
Notice of Cancellation, Suspension or Otherwise Voiding Policies: Each insurance policy required above shall contain, or be endorsed to contain that coverage shall not be suspended, voided, canceled or reduced in coverage or in limits except with thirty (30) days’ prior written notice by certified mail, return receipt requested to the City.
Waiver of Subrogation: Contractor or Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor or Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Contractor or Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation Policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by Contractor or Consultant, its employees, agents and subcontractors.
Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to an approved by City. The City may require the Contractor or Consultant to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self‑insured retentions as respects the City, its elected and appointed officials, officers, attorneys, agents, and employees; or (2) the Contractor or Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to City.
Subcontractors: Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13.
Verification of Coverage: Contractor or Consultant shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s or Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Failure to Comply: Each insurance policy required above shall contain or be endorsed to contain that any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected and appointed officials, officers, attorneys, agents, and employees.
Applicability of Coverage: Each insurance policy required above shall contain or be endorsed to contain that the Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
4-01 WORK TO BE DONE
The work consists of furnishing all transportation, equipment, labor, services, permits, utilities and all other items which are necessary or appurtenant to construct and complete the entire project designated in the Contract Documents, and to leave the grounds in a neat condition. Any work not shown in the Contract Documents, but necessary to complete the work according to law and governmental codes and regulations, shall be performed by the Contractor as if described in the Contract Documents.
4-02 CHANGES IN THE WORK
The City reserves the right to make modifications or alterations, reductions or omissions, from the plans and specifications, including the right to increase or decrease the quantity of any item or portion of the work or to omit any item or portion of the work, as may be deemed by the ENGINEER to be necessary or advisable, and to require such extra work as may be determined by the ENGINEER as necessary for the proper completion or construction of the whole work contemplated.
No change or deviation from the plans and specifications shall be made by the Contractor without written authorization from the ENGINEER setting forth a complete description of the change.
Change in the work shall be in accordance with Section 4-1.05 CHANGES AND EXTRA WORK of the Caltrans Standard Specifications.
4-03 REMOVAL OF OBSTRUCTIONS
The Contractor shall remove and dispose of all structures, debris, or other obstructions of any character necessary to accommodate the work. Where such obstructions consist of improvements not required by law to be removed thereof, all such improvements shall be removed, maintained, and permanently replaced by the Contractor at the Contractor's expense. The replacement shall be approved by the ENGINEER.
4-04 UTILITIES
The contractor shall notify the utilities regarding its work schedule prior to the start of work.
4-05 PROJECT MEETINGS
1. Submittals. Contractor shall submit the following items for review:
4-06 RECORD DRAWINGS
The Contractor shall keep and maintain at the job site, one (1) record set of drawings. The Contractor shall note all project conditions, locations, configurations, and any other changes or deviations which may vary from the details represented on the original contract drawings, including buried or concealed construction and utility features which are revealed during the course of construction. This notation shall be done clearly with a red-colored pen or pencil. Special attention shall be given to recording the horizontal and vertical location of all buried utilities that differ from the locations indicated, or which were not indicated on the Contract Drawings. Said Record Drawings shall be supplemented by detailed sketches as necessary or directed to indicate, fully, the Work as actually constructed. The Contract's Record Drawings of the as-built conditions shall include all revisions made necessary by addenda and change orders and shall be maintained daily during the progress of the Work.
Record Drawings shall be kept current with all field instructions and change orders.
Contractor shall be responsible for the accuracy of the Record Drawings.
Record Drawings shall be subject to the inspection of the ENGINEER at all times. Progress payments may be delayed if Record Drawings are not current.
All symbols and design used in preparing Record Drawings shall match those used in Contract Drawings.
Record Drawings shall show all buried and concealed conduit, stub-outs, etc. Locate all buried conduit and stub-outs by dimensions from permanent, easily located and identifiable portions of structure; also, dimension ends of stub-outs, etc. Note depth of buried items below grade.
Prior to acceptance of the work, the Contractor shall deliver to the ENGINEER a set of neatly marked Record Drawings showing the information required above. Record Drawings shall be in the form of a set of prints with carefully plotted information overlaid in red. Full compensation for Record Drawings shall be included in the various items of work and no separate payment will be made therefore.
4-07 FINAL CLEAN-UP
Upon completion and before making application for acceptance of the work, the Contractor shall clean all rights of way, streets, borrow pits, and all other grounds occupied by the Contractor in connection with the work, of all rubbish, excess materials, temporary structures, and equipment. All parts of the work and grounds occupied by the Contractor shall be left in a neat and presentable condition, equal to or better than pre-construction condition.
4-08 ORDER OF WORK
Work shall be executed in the following order unless otherwise approved by the Engineer:
1. Site preparation 2. Trenching and shoring including necessary traffic control 3. Poured foundation 4. Pump station building construction 5. Installation and testing of booster pumps, fire pump, hydro-pneumatic tank, piping, fittings, and valves 6. Utilities including electrical, water, fire service and storm drain 7. Installation of electrical equipment and standby engine-generator to include accessories and appurtenancees 8. Structural backfill 9. Miscellaneous concrete flatwork 10. Site fill and finish grading 11. Appurtenant works and site cleanup
4-01 WORK TO BE DONE
The work consists of furnishing all transportation, equipment, labor, services, permits, utilities and all other items which are necessary or appurtenant to construct and complete the entire project designated in the Contract Documents, and to leave the grounds in a neat condition. Any work not shown in the Contract Documents, but necessary to complete the work according to law and governmental codes and regulations, shall be performed by the Contractor as if described in the Contract Documents.
4-02 CHANGES IN THE WORK
The City reserves the right to make modifications or alterations, reductions or omissions, from the plans and specifications, including the right to increase or decrease the quantity of any item or portion of the work or to omit any item or portion of the work, as may be deemed by the ENGINEER to be necessary or advisable, and to require such extra work as may be determined by the ENGINEER as necessary for the proper completion or construction of the whole work contemplated.
No change or deviation from the plans and specifications shall be made by the Contractor without written authorization from the ENGINEER setting forth a complete description of the change.
Change in the work shall be in accordance with Section 4-1.05 CHANGES AND EXTRA WORK of the Caltrans Standard Specifications.
4-03 REMOVAL OF OBSTRUCTIONS
The Contractor shall remove and dispose of all structures, debris, or other obstructions of any character necessary to accommodate the work. Where such obstructions consist of improvements not required by law to be removed thereof, all such improvements shall be removed, maintained, and permanently replaced by the Contractor at the Contractor's expense. The replacement shall be approved by the ENGINEER.
4-04 UTILITIES
The contractor shall notify the utilities regarding its work schedule prior to the start of work.
4-05 PROJECT MEETINGS
1. Submittals. Contractor shall submit the following items for review:
4-06 RECORD DRAWINGS
The Contractor shall keep and maintain at the job site, one (1) record set of drawings. The Contractor shall note all project conditions, locations, configurations, and any other changes or deviations which may vary from the details represented on the original contract drawings, including buried or concealed construction and utility features which are revealed during the course of construction. This notation shall be done clearly with a red-colored pen or pencil. Special attention shall be given to recording the horizontal and vertical location of all buried utilities that differ from the locations indicated, or which were not indicated on the Contract Drawings. Said Record Drawings shall be supplemented by detailed sketches as necessary or directed to indicate, fully, the Work as actually constructed. The Contract's Record Drawings of the as-built conditions shall include all revisions made necessary by addenda and change orders and shall be maintained daily during the progress of the Work.
Record Drawings shall be kept current with all field instructions and change orders.
Contractor shall be responsible for the accuracy of the Record Drawings.
Record Drawings shall be subject to the inspection of the ENGINEER at all times. Progress payments may be delayed if Record Drawings are not current.
All symbols and design used in preparing Record Drawings shall match those used in Contract Drawings.
Record Drawings shall show all buried and concealed conduit, stub-outs, etc. Locate all buried conduit and stub-outs by dimensions from permanent, easily located and identifiable portions of structure; also, dimension ends of stub-outs, etc. Note depth of buried items below grade.
Prior to acceptance of the work, the Contractor shall deliver to the ENGINEER a set of neatly marked Record Drawings showing the information required above. Record Drawings shall be in the form of a set of prints with carefully plotted information overlaid in red. Full compensation for Record Drawings shall be included in the various items of work and no separate payment will be made therefore.
4-07 FINAL CLEAN-UP
Upon completion and before making application for acceptance of the work, the Contractor shall clean all rights of way, streets, borrow pits, and all other grounds occupied by the Contractor in connection with the work, of all rubbish, excess materials, temporary structures, and equipment. All parts of the work and grounds occupied by the Contractor shall be left in a neat and presentable condition, equal to or better than pre-construction condition.
4-08 ORDER OF WORK
Work shall be executed in the following order unless otherwise approved by the Engineer:
1. Site preparation 2. Trenching and shoring including necessary traffic control 3. Poured foundation 4. Pump station building construction 5. Installation and testing of booster pumps, fire pump, hydro-pneumatic tank, piping, fittings, and valves 6. Utilities including electrical, water, fire service and storm drain 7. Installation of electrical equipment and standby engine-generator to include accessories and appurtenancees 8. Structural backfill 9. Miscellaneous concrete flatwork 10. Site fill and finish grading 11. Appurtenant works and site cleanup
5-01 AUTHORITY OF THE ENGINEER
The ENGINEER shall decide all questions which may arise as to the quality or acceptability of materials and equipment furnished and work performed, and as to the interpretation of the Contract Documents. The ENGINEER may be represented on the work site by authorized assistants. However, all work performed on the project must be executed in conformity with the Contract Documents. The ENGINEER is authorized to approve changes affecting materials, design or workmanship which do not conform to the Contract Documents. Any Contractor desiring to alter, amend, or change any materials, designs, or methods required by the Contract Documents must do so through the use of a written change order approved by the ENGINEER.
5-02 PLANS AND SUPPLEMENTAL DRAWINGS
The plans shall be supplemented by such drawings as are necessary to define the work adequately. All such drawings delivered to the Contractor by the ENGINEER shall be deemed written instructions to the Contractor. Contract Documents are complete, and what is called for by one shall be as binding as if called for by all. The intention of Contract Documents is to include all labor, materials, equipment, and transportation necessary for the proper execution of the work. Materials or work described in words which so applied has a well-known technical or trade meaning shall be deemed to refer to such recognized standards.
The City will furnish to the Contractor, free of charge, three (3) copies of Contract Documents for the execution of the work. The Contractor shall keep one set of Contract Documents in good order available to the ENGINEER at the site of the work.
5-03 CONFORMITY WITH CONTRACT DOCUMENTS AND ALLOWABLE DEVIATIONS
The work shall conform to the lines, grades, dimensions, tolerances, and material and equipment requirements shown on the Contract Documents. Although measurement, sampling, and testing may be considered evidence as to such conformity, the ENGINEER shall be the sole judge as to whether the work or materials deviate from the Contract Documents, and the ENGINEER'S decision, as to any allowable deviations therefrom, shall be final.
If specific lines, grades, and dimensions are not shown on plans, those furnished by the ENGINEER shall govern.
5-04 COORDINATION OF CONTRACT DOCUMENTS
The Contract Documents are essential parts of the Agreement as defined in the Agreement, and a requirement occurring in one is binding as though occurring in all. They are intended to be cooperative and describe/provide for the complete work. In the event of an apparent difference between Contract Documents, reference shall be made to the ENGINEER whose decision is final.
Project Plans shall govern over Standard Plans;
Technical Specifications shall govern over Specifications;
Special Provisions shall govern over General Provisions;
Standard Plans and Project Plans shall govern over the Specifications;
Special Provisions shall govern over both the Specifications and the Plans.
5-05 INTERPRETATION OF CONTRACT DOCUMENTS
Figured dimensions on drawings shall govern, but work not dimensioned shall be as directed. Work not particularly shown or specified shall be the same as similar parts that are shown or specified. Large scale details shall take precedence over smaller scale drawings as to shape and details on construction. Specifications shall govern as to materials, workmanship, and installation procedures. Contract Documents are intended to fully agree. The specification calling for the higher quality material or workmanship shall prevail. In the event of any discrepancy between any plans and the figures thereon, the figures shall be taken as correct. In the event of any doubt or question raised respecting the true meaning of the specifications, reference shall be made to the ENGINEER whose decisions thereon shall be final.
5-06 ERRORS OR DISCREPANCIES NOTED BY CONTRACTOR
It is the duty of the Contractor to inform the ENGINEER of any alleged defects in design, method, or materials that he discovers while working on the project. This includes a duty to advise the City of any materials, methods, or designs that the Contractor believes may prove defective or insufficient. A Contractor who discovers an alleged defect or believes that a defect exists in design, method, or materials as to any portion of the project, and who fails to inform the ENGINEER of this discovery of belief, waives any right to assert that defect in design, materials, or methods at any later date in any legal or equitable processing against the City, or in any subsequent arbitration or settlement conference between the City and the Contractor.
If the Contractor, either before commencing work or in the course of the work, finds any discrepancy between the Contract Documents or between either of them and the physical conditions at the site of the work or finds any error or omission in any of the Contract Documents or in any survey, he shall promptly notify the ENGINEER of such discrepancy, error, or omission. If the Contractor observes that any and all Contract Documents are at variance with any applicable law, ordinance, regulation, order, or decree, he shall promptly notify the ENGINEER in writing of such conflict.
The ENGINEER, on receipt of any such notice, will promptly investigate the circumstances and give appropriate instructions to the Contractor. Until such instructions are given, any work done by the Contractor after discovery of such error, discrepancy, or conflict which is directly or indirectly affected by such error, discrepancy, or conflict will be at the Contractor's own risk and the Contractor shall bear all cost arising therefor.
5-07 SUPERINTENDENCE
The Contractor shall provide competent supervision of the work. The Contractor or designated representative shall be present at the site at all times while work is actually in progress. The designated representative shall have the authority to represent and act for the Contractor regarding any written or verbal directions, or requests of the ENGINEER to such extent the representative shall have the same force and effect as if delivered to the Contractor. During periods when work is suspended, arrangements acceptable to the ENGINEER shall be made for any emergency work which may be required. Whenever the Contractor or representative is not present on any particular part of the work where the City desires to give direction, 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 which the orders are given.
5-08 SUBMITTALS
Shop Drawings
A. General
1. The City utilizes a cloud-based platform called Virtual Project Manager (VPM) to track and manage projects. The Contractor will be provided VPM access to submit Shop Drawing submittals, Requests for Information (RFIs), and transmittals.
2. The Contractor is required to prepare and submit Shop Drawing submittals to the ENGINEER for review and approval through VPM. Shop Drawings are required for all materials and equipment proposed to be incorporated into the Work. Shop Drawings shall be submitted by the Contractor in accordance with these specifications.
3. The data shown on the Shop Drawings shall be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show the materials and equipment the Contractor proposes to provide and to enable the ENGINEER to review the information for the limited purposes described herein.
4. The Contractor shall also submit material samples to the ENGINEER for review and approval. Each sample shall be identified clearly as to material, supplier, pertinent data such as catalog number and the use for which intended.
5. As part of each Shop Drawing submittal, the Contractor shall give specific written notice of all deviations that the Shop Drawing or sample submitted may have from the requirements of the Contract Documents. The Contractor shall also provide a notation of each such variation on each Shop Drawing and sample submitted to the ENGINEER for review and approval.
6. The ENGINEER will review the Shop Drawings and samples. The ENGINEER'S review and approval or disapproval will be only to determine if the items covered by the submittals generally comply with the intent of the design. The ENGINEER'S review and approval or disapproval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, methods, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions.
7. The ENGINEER'S review and approval of Shop Drawings or samples shall not relieve the Contractor from responsibility for any variation from the requirements of the Contract Documents. No portion of the Work requiring a Shop Drawing submittal shall be started until the submittal has been reviewed by and returned to the Contractor with a notation indicating that resubmittal is not required.
8. Revisions indicated on shop drawings shall be considered as changes necessary to meet the requirements of the Specifications and shall not be taken as the basis of claims for extra work. The Contractor shall have no claim for damages or extension of time due to any delay resulting from making changes to Shop Drawings that have been requested by the ENGINEER.
9. The ENGINEER'S review is limited to checking for general conformance with the design intent and general compliance with the information included in the Contract Documents. Any comments included on Shop Drawings are subject to all requirements of the Contract Documents, applicable codes and permits, and do not relieve the Contractor of any project responsibilities and requirements thereof. Approval/Acceptability of a specific item does not imply approval of an assembly of which the item is a component.
10. The ENGINEER will review the initial submittal of Shop Drawings and sample submissions and one resubmittal without cost to the Contractor. The cost of the ENGINEER'S review of multiple resubmittals will be billed to the Contractor at the hourly rate of $145.00 per hour. Multiple resubmittal costs, as provided to the Contractor by the ENGINEER, will be deducted from any monies due or which become due to the Contractor.
B. Wherever called for in the Contract Documents, or where required by the ENGINEER, the Contractor shall furnish to the ENGINEER for review, each Shop Drawing submittal through Virtual Project Manager (VPM). The term "Shop Drawings" as used herein shall be understood to include detailed design calculations, shop drawings, fabrication and installation drawings, manufacturer's instructions, erection drawings, lists, graphs, catalog sheets, products data sheets, diagrams, illustrations, schedules, performance charts, brochures and similar items. Whenever the Contractor is required to submit design calculation as part of a submittal, such calculations shall bear the signature and seal of an ENGINEER registered in the appropriate branch and in the State of California, unless otherwise directed.
C. Normally, a separate transmittal form shall be used for each specific item or class of material or equipment for which a submittal is required.
D. Except as may otherwise be indicated herein, the ENGINEER will review submittals and provide comments on VPM within fourteen (14) days following their receipt by the ENGINEER. It is considered reasonable that the Contractor shall make a complete and acceptable submittal to the ENGINEER by the second submission of a submittal item. The City reserves the right to withhold monies due to the Contractor to cover additional costs of the ENGINEER'S review beyond the second submittal. The ENGINEER'S maximum review periods for each submittal, including all resubmittals, will be fourteen (14) days per submittal.
E. If a submittal is marked "NO EXCEPTIONS TAKEN", formal revision and resubmission of said submittal will not be required.
F. If a submittal is marked "MAKE CORRECTIONS NOTED", formal revision and resubmission of said submittal will not be required.
G. If a submittal is marked "REJECTED-RESUBMIT", the Contractor shall revise said submittal and shall resubmit on VPM for the ENGINEER’s review.
H. Fabrication of an item shall commence only after the ENGINEER has reviewed the pertinent submittals and marked either "NO EXCEPTIONS TAKEN" or "MAKE CORRECTION NOTED". Corrections indicated on submittals shall be considered as changes necessary to meet the requirements of the Contract Documents and shall not be taken as the basis for changes to the contract requirements.
I. All Contractor shop drawings submittals shall be carefully reviewed by authorized representatives of the Contractor, prior to submission to the ENGINEER. Each submittal shall be dated, signed, and certified by the Contractor, as being correct and in strict conformance with the Contract Documents. In the case of shop drawings, each sheet shall be so dated, signed, and certified. No consideration for review by the ENGINEER of any Contractor submittals will be made for any items which have not been so certified by the Contractor. All non-certified submittals will be returned to the Contractor without action taken by the ENGINEER, and any delays caused thereby shall be the responsibility of the Contractor.
J. The ENGINEER'S review of the Contractor shop drawings submittals shall not relive the Contractor of the entire responsibility for the corrections of details and dimensions. The Contractor shall assume all responsibility and risk for any misfits due to any errors in Contractor submittals. The contractor shall be responsible for the dimension and the design of adequate connections and details.
Samples
5-09 QUALITY AND SAFETY OF MATERIALS AND EQUIPMENT
All equipment, materials, and supplies to be incorporated in the work shall be new, unless otherwise specified. When the quality of a material, process, or article is not specifically set forth in the Contract Documents, the best available quality of the material, process, or article shall be provided.
Whenever any material, process, or article is indicated or specified by grade, patent, proprietary name, or by name of manufacturer, such specifications shall be deemed to be used for the purpose of facilitating description of materials, process, or articles desired and shall be deemed to be followed by the words "or approved equal." The Contractor may offer any material, process, or article which shall be substantially equal or better in every respect to that so indicated or specified; provided, however, that if the material, process, or article offered by the Contractor is not, in the opinion of the ENGINEER, the substantial equal or better thereof in every respect, such material, process, or article may be rejected by ENGINEER. In the event that the Contractor furnishes material, process, or article more expensive than that specified, the difference in cost of such material, process, or article so furnished shall be borne by the Contractor.
In accordance with (Section 3400 of the Public Contract Code) Section 4380 of the Government Code of the State of California, the Contractor shall submit data substantiating requests for substitution of "equal" items within thirty-five (35) days after award of the contract. This 35-day period of time is included in the number of days allowed for the completion of the work.
All materials, equipment, and supplies provided shall, without additional charge to the City, fully conform with all applicable state and federal laws, rules, regulations, and orders. It shall be the Contractor's responsibility to provide only such materials, equipment, and supplies, notwithstanding any omission in the Contract Documents therefore, or that a particular material, equipment, or supply was specified.
5-10 MATERIAL SOURCES, SAMPLES, AND TESTS
The Contractor shall furnish the ENGINEER with a list of sources of materials in sufficient time to permit proper inspection and testing of materials to be furnished from such listed sources in advance of their use. The Contractor shall furnish without charge such samples as may be required. All materials shipped prior to having satisfactorily passed such testing and inspection by the ENGINEER shall not be used. The Contractor shall also furnish the City in duplicate, certified copies of all factory and mill test reports when required by the ENGINEER.
5-11 INSPECTION
The ENGINEER shall, at all times, have access to the work during construction and shall be furnished with every reasonable facility for ascertaining full knowledge respecting the progress, workmanship, and character of materials and equipment used and employed in the work.
Whenever the Contractor varies the period during which work is carried on each day, he shall give due notice to the ENGINEER so that inspection may be provided. Any work done in the absence of the ENGINEER will be subject to rejection.
All installations which are to be backfilled or otherwise covered shall be inspected by the ENGINEER prior to backfilling or covering, and the Contractor shall give due notice in advance of backfilling or covering to the ENGINEER so that inspection may be provided. The Contractor shall give the ENGINEER a written request for inspection and/or testing at least 24 hours prior to the scheduled work. Inspection during a City non-working day or holiday will be subject to the approval of the ENGINEER, and shall be at the expense of the Contractor. The Contractor shall also pay for the cost of re-testing for a non-passing test.
The inspection and testing of the work shall not relieve the Contractor of any obligations to fulfill the Agreement as required by the Contract Documents. Defective work shall be made good, and unsuitable materials and equipment may be rejected notwithstanding the fact that such defective work and unsuitable materials and equipment have been previously inspected or tested by the ENGINEER or that payment therefor has been made.
5-12 REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK
All work which does not conform to the requirements of the Contract Documents shall be remedied or removed and replaced by the Contractor, together with any other work which may be displaced in so doing, and no compensation will be allowed for such removal, replacement or remedial work. All non-conforming materials shall be immediately removed from the site.
The Contractor shall pay for the cost of any inspection or testing required by the Contractor's failure to furnish conforming work. Any work done beyond the lines and grades shown on the Contract Documents or established by the ENGINEER or any changes in, additions to, or deductions from the work done without written authority will be considered as unauthorized and will not be paid for. Upon failure on the part of the Contractor to comply promptly with any order of the ENGINEER made under the provisions of this section and the Contract Documents, the ENGINEER shall have authority to cause non-conforming work or unauthorized work to be remedied, removed, or replaced at Contractor's expense and to withhold payment therefore.
5-13 GUARANTEES
Besides guarantees required elsewhere in the Contract Documents, the Contractor guarantees all work for a period of one (1) year after the date of Notice of Completion and shall repair and replace any and all such work, together with any other work which may be displaced in so doing, that is, in the opinion of the ENGINEER, defective in workmanship and/or materials within the one-year period from date of Notice of Completion, without expense whatsoever to the City; ordinary wear and unusual abuse or neglect excepted. In the event of failure to comply with the above-mentioned conditions within a week after being notified in writing, the City is hereby authorized to proceed to have the defects repaired and made good at the expense of the Contractor who hereby agrees to pay the cost and charges therefore immediately on demand.
If the ENGINEER considers it necessary that covered work be inspected pursuant to the warranty provision and the indemnity provisions of the Contract Documents, the Contractor shall, at ENGINEER'S request, uncover, expose, and make available for observation, inspection, or testing, that portion of the work designated for inspection by the City or ENGINEER. The Contractor shall supply all labor, material, and equipment necessary to uncover the designated portions of covered work. If it is found that the covered work does not conform to the requirements of the Contract Documents, the Contractor shall bear all the expenses of uncovering, exposure, observation, inspection and testing, and of satisfactory reconstruction of the designated work areas, together with any other work which may be displaced in so doing. If the covered work is found to be conforming, the Contractor shall be allowed an increase in the Agreement price with approval of the ENGINEER to cover all costs incurred to uncover the designated work areas and to reconstruct these areas in conformity with the Contract Documents.
The ENGINEER shall be vested with the sole authority in determining whether any covered work, once exposed and inspected, is non-conforming in accordance with the Contract Documents.
If in the opinion of the ENGINEER, non-conforming work creates a dangerous condition, or requires immediate correction or attention to prevent further loss to the City, or to prevent interruption of operations of the City, the ENGINEER will attempt to give the notice required by this section. If the Contractor cannot be contacted or does not comply with the City's request for correction within a reasonable time as determined by the City, the City may, notwithstanding the provisions of this section, proceed to make such correction or provide such attention; and that the costs of such correction or attention shall be charged against the Contractor. Such action by the City will not relieve the Contractor of the guarantees and indemnities provided in this section or elsewhere in the Contract Documents.
This section does not in any way limit the guarantee on any items for which a longer guarantee is specified, or on any items for which a manufacturer or supplier gives a guarantee for a longer period. The Contractor agrees to act as a co-grantor with such manufacturer or supplier and shall furnish the City all appropriate guarantee or warranty certificates upon completion of the project. No guarantee period, whether provided for in this section or elsewhere, shall in any way limit the liability of Contractor or the Contractor's sureties or insurers under the indemnity of insurance provisions of the Contract Documents.
5-01 AUTHORITY OF THE ENGINEER
The ENGINEER shall decide all questions which may arise as to the quality or acceptability of materials and equipment furnished and work performed, and as to the interpretation of the Contract Documents. The ENGINEER may be represented on the work site by authorized assistants. However, all work performed on the project must be executed in conformity with the Contract Documents. The ENGINEER is authorized to approve changes affecting materials, design or workmanship which do not conform to the Contract Documents. Any Contractor desiring to alter, amend, or change any materials, designs, or methods required by the Contract Documents must do so through the use of a written change order approved by the ENGINEER.
5-02 PLANS AND SUPPLEMENTAL DRAWINGS
The plans shall be supplemented by such drawings as are necessary to define the work adequately. All such drawings delivered to the Contractor by the ENGINEER shall be deemed written instructions to the Contractor. Contract Documents are complete, and what is called for by one shall be as binding as if called for by all. The intention of Contract Documents is to include all labor, materials, equipment, and transportation necessary for the proper execution of the work. Materials or work described in words which so applied has a well-known technical or trade meaning shall be deemed to refer to such recognized standards.
The City will furnish to the Contractor, free of charge, three (3) copies of Contract Documents for the execution of the work. The Contractor shall keep one set of Contract Documents in good order available to the ENGINEER at the site of the work.
5-03 CONFORMITY WITH CONTRACT DOCUMENTS AND ALLOWABLE DEVIATIONS
The work shall conform to the lines, grades, dimensions, tolerances, and material and equipment requirements shown on the Contract Documents. Although measurement, sampling, and testing may be considered evidence as to such conformity, the ENGINEER shall be the sole judge as to whether the work or materials deviate from the Contract Documents, and the ENGINEER'S decision, as to any allowable deviations therefrom, shall be final.
If specific lines, grades, and dimensions are not shown on plans, those furnished by the ENGINEER shall govern.
5-04 COORDINATION OF CONTRACT DOCUMENTS
The Contract Documents are essential parts of the Agreement as defined in the Agreement, and a requirement occurring in one is binding as though occurring in all. They are intended to be cooperative and describe/provide for the complete work. In the event of an apparent difference between Contract Documents, reference shall be made to the ENGINEER whose decision is final.
Project Plans shall govern over Standard Plans;
Technical Specifications shall govern over Specifications;
Special Provisions shall govern over General Provisions;
Standard Plans and Project Plans shall govern over the Specifications;
Special Provisions shall govern over both the Specifications and the Plans.
5-05 INTERPRETATION OF CONTRACT DOCUMENTS
Figured dimensions on drawings shall govern, but work not dimensioned shall be as directed. Work not particularly shown or specified shall be the same as similar parts that are shown or specified. Large scale details shall take precedence over smaller scale drawings as to shape and details on construction. Specifications shall govern as to materials, workmanship, and installation procedures. Contract Documents are intended to fully agree. The specification calling for the higher quality material or workmanship shall prevail. In the event of any discrepancy between any plans and the figures thereon, the figures shall be taken as correct. In the event of any doubt or question raised respecting the true meaning of the specifications, reference shall be made to the ENGINEER whose decisions thereon shall be final.
5-06 ERRORS OR DISCREPANCIES NOTED BY CONTRACTOR
It is the duty of the Contractor to inform the ENGINEER of any alleged defects in design, method, or materials that he discovers while working on the project. This includes a duty to advise the City of any materials, methods, or designs that the Contractor believes may prove defective or insufficient. A Contractor who discovers an alleged defect or believes that a defect exists in design, method, or materials as to any portion of the project, and who fails to inform the ENGINEER of this discovery of belief, waives any right to assert that defect in design, materials, or methods at any later date in any legal or equitable processing against the City, or in any subsequent arbitration or settlement conference between the City and the Contractor.
If the Contractor, either before commencing work or in the course of the work, finds any discrepancy between the Contract Documents or between either of them and the physical conditions at the site of the work or finds any error or omission in any of the Contract Documents or in any survey, he shall promptly notify the ENGINEER of such discrepancy, error, or omission. If the Contractor observes that any and all Contract Documents are at variance with any applicable law, ordinance, regulation, order, or decree, he shall promptly notify the ENGINEER in writing of such conflict.
The ENGINEER, on receipt of any such notice, will promptly investigate the circumstances and give appropriate instructions to the Contractor. Until such instructions are given, any work done by the Contractor after discovery of such error, discrepancy, or conflict which is directly or indirectly affected by such error, discrepancy, or conflict will be at the Contractor's own risk and the Contractor shall bear all cost arising therefor.
5-07 SUPERINTENDENCE
The Contractor shall provide competent supervision of the work. The Contractor or designated representative shall be present at the site at all times while work is actually in progress. The designated representative shall have the authority to represent and act for the Contractor regarding any written or verbal directions, or requests of the ENGINEER to such extent the representative shall have the same force and effect as if delivered to the Contractor. During periods when work is suspended, arrangements acceptable to the ENGINEER shall be made for any emergency work which may be required. Whenever the Contractor or representative is not present on any particular part of the work where the City desires to give direction, 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 which the orders are given.
5-08 SUBMITTALS
Shop Drawings
A. General
1. The City utilizes a cloud-based platform called Virtual Project Manager (VPM) to track and manage projects. The Contractor will be provided VPM access to submit Shop Drawing submittals, Requests for Information (RFIs), and transmittals.
2. The Contractor is required to prepare and submit Shop Drawing submittals to the ENGINEER for review and approval through VPM. Shop Drawings are required for all materials and equipment proposed to be incorporated into the Work. Shop Drawings shall be submitted by the Contractor in accordance with these specifications.
3. The data shown on the Shop Drawings shall be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show the materials and equipment the Contractor proposes to provide and to enable the ENGINEER to review the information for the limited purposes described herein.
4. The Contractor shall also submit material samples to the ENGINEER for review and approval. Each sample shall be identified clearly as to material, supplier, pertinent data such as catalog number and the use for which intended.
5. As part of each Shop Drawing submittal, the Contractor shall give specific written notice of all deviations that the Shop Drawing or sample submitted may have from the requirements of the Contract Documents. The Contractor shall also provide a notation of each such variation on each Shop Drawing and sample submitted to the ENGINEER for review and approval.
6. The ENGINEER will review the Shop Drawings and samples. The ENGINEER'S review and approval or disapproval will be only to determine if the items covered by the submittals generally comply with the intent of the design. The ENGINEER'S review and approval or disapproval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, methods, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions.
7. The ENGINEER'S review and approval of Shop Drawings or samples shall not relieve the Contractor from responsibility for any variation from the requirements of the Contract Documents. No portion of the Work requiring a Shop Drawing submittal shall be started until the submittal has been reviewed by and returned to the Contractor with a notation indicating that resubmittal is not required.
8. Revisions indicated on shop drawings shall be considered as changes necessary to meet the requirements of the Specifications and shall not be taken as the basis of claims for extra work. The Contractor shall have no claim for damages or extension of time due to any delay resulting from making changes to Shop Drawings that have been requested by the ENGINEER.
9. The ENGINEER'S review is limited to checking for general conformance with the design intent and general compliance with the information included in the Contract Documents. Any comments included on Shop Drawings are subject to all requirements of the Contract Documents, applicable codes and permits, and do not relieve the Contractor of any project responsibilities and requirements thereof. Approval/Acceptability of a specific item does not imply approval of an assembly of which the item is a component.
10. The ENGINEER will review the initial submittal of Shop Drawings and sample submissions and one resubmittal without cost to the Contractor. The cost of the ENGINEER'S review of multiple resubmittals will be billed to the Contractor at the hourly rate of $145.00 per hour. Multiple resubmittal costs, as provided to the Contractor by the ENGINEER, will be deducted from any monies due or which become due to the Contractor.
B. Wherever called for in the Contract Documents, or where required by the ENGINEER, the Contractor shall furnish to the ENGINEER for review, each Shop Drawing submittal through Virtual Project Manager (VPM). The term "Shop Drawings" as used herein shall be understood to include detailed design calculations, shop drawings, fabrication and installation drawings, manufacturer's instructions, erection drawings, lists, graphs, catalog sheets, products data sheets, diagrams, illustrations, schedules, performance charts, brochures and similar items. Whenever the Contractor is required to submit design calculation as part of a submittal, such calculations shall bear the signature and seal of an ENGINEER registered in the appropriate branch and in the State of California, unless otherwise directed.
C. Normally, a separate transmittal form shall be used for each specific item or class of material or equipment for which a submittal is required.
D. Except as may otherwise be indicated herein, the ENGINEER will review submittals and provide comments on VPM within fourteen (14) days following their receipt by the ENGINEER. It is considered reasonable that the Contractor shall make a complete and acceptable submittal to the ENGINEER by the second submission of a submittal item. The City reserves the right to withhold monies due to the Contractor to cover additional costs of the ENGINEER'S review beyond the second submittal. The ENGINEER'S maximum review periods for each submittal, including all resubmittals, will be fourteen (14) days per submittal.
E. If a submittal is marked "NO EXCEPTIONS TAKEN", formal revision and resubmission of said submittal will not be required.
F. If a submittal is marked "MAKE CORRECTIONS NOTED", formal revision and resubmission of said submittal will not be required.
G. If a submittal is marked "REJECTED-RESUBMIT", the Contractor shall revise said submittal and shall resubmit on VPM for the ENGINEER’s review.
H. Fabrication of an item shall commence only after the ENGINEER has reviewed the pertinent submittals and marked either "NO EXCEPTIONS TAKEN" or "MAKE CORRECTION NOTED". Corrections indicated on submittals shall be considered as changes necessary to meet the requirements of the Contract Documents and shall not be taken as the basis for changes to the contract requirements.
I. All Contractor shop drawings submittals shall be carefully reviewed by authorized representatives of the Contractor, prior to submission to the ENGINEER. Each submittal shall be dated, signed, and certified by the Contractor, as being correct and in strict conformance with the Contract Documents. In the case of shop drawings, each sheet shall be so dated, signed, and certified. No consideration for review by the ENGINEER of any Contractor submittals will be made for any items which have not been so certified by the Contractor. All non-certified submittals will be returned to the Contractor without action taken by the ENGINEER, and any delays caused thereby shall be the responsibility of the Contractor.
J. The ENGINEER'S review of the Contractor shop drawings submittals shall not relive the Contractor of the entire responsibility for the corrections of details and dimensions. The Contractor shall assume all responsibility and risk for any misfits due to any errors in Contractor submittals. The contractor shall be responsible for the dimension and the design of adequate connections and details.
Samples
5-09 QUALITY AND SAFETY OF MATERIALS AND EQUIPMENT
All equipment, materials, and supplies to be incorporated in the work shall be new, unless otherwise specified. When the quality of a material, process, or article is not specifically set forth in the Contract Documents, the best available quality of the material, process, or article shall be provided.
Whenever any material, process, or article is indicated or specified by grade, patent, proprietary name, or by name of manufacturer, such specifications shall be deemed to be used for the purpose of facilitating description of materials, process, or articles desired and shall be deemed to be followed by the words "or approved equal." The Contractor may offer any material, process, or article which shall be substantially equal or better in every respect to that so indicated or specified; provided, however, that if the material, process, or article offered by the Contractor is not, in the opinion of the ENGINEER, the substantial equal or better thereof in every respect, such material, process, or article may be rejected by ENGINEER. In the event that the Contractor furnishes material, process, or article more expensive than that specified, the difference in cost of such material, process, or article so furnished shall be borne by the Contractor.
In accordance with (Section 3400 of the Public Contract Code) Section 4380 of the Government Code of the State of California, the Contractor shall submit data substantiating requests for substitution of "equal" items within thirty-five (35) days after award of the contract. This 35-day period of time is included in the number of days allowed for the completion of the work.
All materials, equipment, and supplies provided shall, without additional charge to the City, fully conform with all applicable state and federal laws, rules, regulations, and orders. It shall be the Contractor's responsibility to provide only such materials, equipment, and supplies, notwithstanding any omission in the Contract Documents therefore, or that a particular material, equipment, or supply was specified.
5-10 MATERIAL SOURCES, SAMPLES, AND TESTS
The Contractor shall furnish the ENGINEER with a list of sources of materials in sufficient time to permit proper inspection and testing of materials to be furnished from such listed sources in advance of their use. The Contractor shall furnish without charge such samples as may be required. All materials shipped prior to having satisfactorily passed such testing and inspection by the ENGINEER shall not be used. The Contractor shall also furnish the City in duplicate, certified copies of all factory and mill test reports when required by the ENGINEER.
5-11 INSPECTION
The ENGINEER shall, at all times, have access to the work during construction and shall be furnished with every reasonable facility for ascertaining full knowledge respecting the progress, workmanship, and character of materials and equipment used and employed in the work.
Whenever the Contractor varies the period during which work is carried on each day, he shall give due notice to the ENGINEER so that inspection may be provided. Any work done in the absence of the ENGINEER will be subject to rejection.
All installations which are to be backfilled or otherwise covered shall be inspected by the ENGINEER prior to backfilling or covering, and the Contractor shall give due notice in advance of backfilling or covering to the ENGINEER so that inspection may be provided. The Contractor shall give the ENGINEER a written request for inspection and/or testing at least 24 hours prior to the scheduled work. Inspection during a City non-working day or holiday will be subject to the approval of the ENGINEER, and shall be at the expense of the Contractor. The Contractor shall also pay for the cost of re-testing for a non-passing test.
The inspection and testing of the work shall not relieve the Contractor of any obligations to fulfill the Agreement as required by the Contract Documents. Defective work shall be made good, and unsuitable materials and equipment may be rejected notwithstanding the fact that such defective work and unsuitable materials and equipment have been previously inspected or tested by the ENGINEER or that payment therefor has been made.
5-12 REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK
All work which does not conform to the requirements of the Contract Documents shall be remedied or removed and replaced by the Contractor, together with any other work which may be displaced in so doing, and no compensation will be allowed for such removal, replacement or remedial work. All non-conforming materials shall be immediately removed from the site.
The Contractor shall pay for the cost of any inspection or testing required by the Contractor's failure to furnish conforming work. Any work done beyond the lines and grades shown on the Contract Documents or established by the ENGINEER or any changes in, additions to, or deductions from the work done without written authority will be considered as unauthorized and will not be paid for. Upon failure on the part of the Contractor to comply promptly with any order of the ENGINEER made under the provisions of this section and the Contract Documents, the ENGINEER shall have authority to cause non-conforming work or unauthorized work to be remedied, removed, or replaced at Contractor's expense and to withhold payment therefore.
5-13 GUARANTEES
Besides guarantees required elsewhere in the Contract Documents, the Contractor guarantees all work for a period of one (1) year after the date of Notice of Completion and shall repair and replace any and all such work, together with any other work which may be displaced in so doing, that is, in the opinion of the ENGINEER, defective in workmanship and/or materials within the one-year period from date of Notice of Completion, without expense whatsoever to the City; ordinary wear and unusual abuse or neglect excepted. In the event of failure to comply with the above-mentioned conditions within a week after being notified in writing, the City is hereby authorized to proceed to have the defects repaired and made good at the expense of the Contractor who hereby agrees to pay the cost and charges therefore immediately on demand.
If the ENGINEER considers it necessary that covered work be inspected pursuant to the warranty provision and the indemnity provisions of the Contract Documents, the Contractor shall, at ENGINEER'S request, uncover, expose, and make available for observation, inspection, or testing, that portion of the work designated for inspection by the City or ENGINEER. The Contractor shall supply all labor, material, and equipment necessary to uncover the designated portions of covered work. If it is found that the covered work does not conform to the requirements of the Contract Documents, the Contractor shall bear all the expenses of uncovering, exposure, observation, inspection and testing, and of satisfactory reconstruction of the designated work areas, together with any other work which may be displaced in so doing. If the covered work is found to be conforming, the Contractor shall be allowed an increase in the Agreement price with approval of the ENGINEER to cover all costs incurred to uncover the designated work areas and to reconstruct these areas in conformity with the Contract Documents.
The ENGINEER shall be vested with the sole authority in determining whether any covered work, once exposed and inspected, is non-conforming in accordance with the Contract Documents.
If in the opinion of the ENGINEER, non-conforming work creates a dangerous condition, or requires immediate correction or attention to prevent further loss to the City, or to prevent interruption of operations of the City, the ENGINEER will attempt to give the notice required by this section. If the Contractor cannot be contacted or does not comply with the City's request for correction within a reasonable time as determined by the City, the City may, notwithstanding the provisions of this section, proceed to make such correction or provide such attention; and that the costs of such correction or attention shall be charged against the Contractor. Such action by the City will not relieve the Contractor of the guarantees and indemnities provided in this section or elsewhere in the Contract Documents.
This section does not in any way limit the guarantee on any items for which a longer guarantee is specified, or on any items for which a manufacturer or supplier gives a guarantee for a longer period. The Contractor agrees to act as a co-grantor with such manufacturer or supplier and shall furnish the City all appropriate guarantee or warranty certificates upon completion of the project. No guarantee period, whether provided for in this section or elsewhere, shall in any way limit the liability of Contractor or the Contractor's sureties or insurers under the indemnity of insurance provisions of the Contract Documents.
6-01 STORAGE OF MATERIALS
Articles or materials to be incorporated in the work shall be stored in such a manner as to ensure the preservation of their quality and fitness for the work, and to facilitate inspection. The CONTRACTOR shall make its own arrangements for any necessary off-site storage or shop areas necessary for the proper execution of the Work.
6-02 TESTING
City will appoint, employ and pay for service of an independent firm to perform testing services. The independent firm will perform testing and other services specified in individual specification sections and as required by the ENGINEER.
Reports submitted by the independent firm to the ENGINEER in duplicate, shall indicate observations and results of tests and indicate compliance or noncompliance with the Contract Documents.
CONTRACTOR shall cooperate with the independent firm and furnish samples of materials, design mix, equipment, tools, storage and assistance as requested.
CONTRACTOR shall notify ENGINEER 24 hours prior to the expected time for operations requiring inspection and laboratory testing services.
Retesting required because of non-conformance to specified requirements shall be performed by the same independent firm on instructions by the ENGINEER. The CONTRACTOR shall bear all costs from such retesting at no additional cost to the City.
For samples and tests required for CONTRACTORS use, the CONTRACTOR shall make arrangements with an independent firm for payment and scheduling of testing. The cost of sampling and testing for the CONTRACTORS use shall be included in the contract price.
6-03 TESTING BY CONTRACTOR
The CONTRACTOR shall inspect materials or equipment upon arrival at the job site and immediately prior to installation and reject damaged and defective items. Damaged or defective equipment and materials shall be removed from the jobsite as soon as possible.
The CONTRACTOR shall verify measurements and dimensions of the work, as an integral step of starting each installation.
Where installations include manufactured products, the CONTRACTOR shall comply with manufacturer’s applicable instructions and recommendations for installation, to whatever extent these are more explicit or more stringent than applicable requirements indicated in the Contract Documents.
6-01 STORAGE OF MATERIALS
Articles or materials to be incorporated in the work shall be stored in such a manner as to ensure the preservation of their quality and fitness for the work, and to facilitate inspection. The CONTRACTOR shall make its own arrangements for any necessary off-site storage or shop areas necessary for the proper execution of the Work.
6-02 TESTING
City will appoint, employ and pay for service of an independent firm to perform testing services. The independent firm will perform testing and other services specified in individual specification sections and as required by the ENGINEER.
Reports submitted by the independent firm to the ENGINEER in duplicate, shall indicate observations and results of tests and indicate compliance or noncompliance with the Contract Documents.
CONTRACTOR shall cooperate with the independent firm and furnish samples of materials, design mix, equipment, tools, storage and assistance as requested.
CONTRACTOR shall notify ENGINEER 24 hours prior to the expected time for operations requiring inspection and laboratory testing services.
Retesting required because of non-conformance to specified requirements shall be performed by the same independent firm on instructions by the ENGINEER. The CONTRACTOR shall bear all costs from such retesting at no additional cost to the City.
For samples and tests required for CONTRACTORS use, the CONTRACTOR shall make arrangements with an independent firm for payment and scheduling of testing. The cost of sampling and testing for the CONTRACTORS use shall be included in the contract price.
6-03 TESTING BY CONTRACTOR
The CONTRACTOR shall inspect materials or equipment upon arrival at the job site and immediately prior to installation and reject damaged and defective items. Damaged or defective equipment and materials shall be removed from the jobsite as soon as possible.
The CONTRACTOR shall verify measurements and dimensions of the work, as an integral step of starting each installation.
Where installations include manufactured products, the CONTRACTOR shall comply with manufacturer’s applicable instructions and recommendations for installation, to whatever extent these are more explicit or more stringent than applicable requirements indicated in the Contract Documents.
7-01 OBSERVING LAWS AND ORDINANCES
The Contractor shall keep fully informed of all existing and future laws, 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 order and decrees of bodies of tribunals having any jurisdiction or authority over same. If any discrepancy or inconsistency is discovered in the Agreement for the work in relations to any such law, ordinance, regulation, order, or decree the Contractor shall forthwith report the same to the ENGINEER in writing.
The Contractor shall at all times observe and comply with, and shall cause all the Contractor's agents, employees, subcontractors and suppliers to observe and comply with, all such existing and future laws, ordinances, regulations, orders, and decrees, and shall hold harmless, indemnify, and defend the City, the ENGINEER, and each of the City's officers, employees, and agents against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree, by the Contractor, the Contractor's agents, employees, subcontractors, or suppliers.
7-02 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.
7-03 PATENTS
This section is blank.
7-04 PUBLIC CONVENIENCE AND SAFETY
The Contractor shall so conduct construction related operations as to offer the least possible obstruction and inconvenience to the public. The Contractor shall have under construction no greater length or amount of work than can be prosecuted properly with due regard to the rights of the public and as specified in the Agreement.
Convenient access to driveways, houses, and buildings along the line of work shall be maintained. Temporary crossings shall be provided and maintained in good condition.
The Contractor shall provide and maintain such fences, barriers, directional signs, lights, and flagmen as are necessary to give adequate warning to the public at all times of any dangerous conditions to be encountered as a result of the construction work and to give directions to the public.
7-05 RESPONSIBILITY FOR LOSS, DAMAGE OR INJURIES
Contractor shall be responsible for all claims, demands, or liability from any cause arising out of, or resulting from, or in connection with, the performance of the work; excepting only those claims as may be caused solely and exclusively by the fault or negligence of City, or the ENGINEER, and shall extend all claims, demands, or liability for loss, damage, or injuries occurring after completion of the projects as well as during the work's progress.
7-06 CONTRACTOR'S RESPONSIBILITY FOR THE WORK
Until the work is accepted, the Contractor shall have the responsible charge and care of the work and of the materials to be used (including materials for which the Contractor has received partial payment 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, excepting only those which may be caused solely and exclusively by the fault or negligence of the City, the ENGINEER, officers, employees, or agents.
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 such causes, before the work is complete and accepted and shall bear the expense thereof. When necessary, the contractor shall, at the Contractor's expense, provide suitable drainage and erect such temporary structures to protect the work or materials from damage. The suspension of the work for any cause whatever, shall not relieve the Contractor's responsibility for the work and materials as herein specified. If ordered by the ENGINEER, the Contractor shall, at the Contractor's expense, properly store materials, which the City has partially paid for or having been furnished. 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. 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.
In an emergency affecting the safety or life or property, including adjoining property, the Contractor, without special instructions or authorizations, is required to act at the Contractor's discretion to prevent such threatened loss or injury.
Notwithstanding the foregoing provisions of this section, the Contractor shall not be responsible for the cost of repairing or restoring damage to the work, in excess of five (5) per cent of the Agreement price, which damage it is determined to have been proximately caused by an earthquake in excess of a magnitude of 3.5 on the Richter Scale, provided the work is built in accordance with accepted and applicable construction standards and the Contract Documents.
7-07 PRESERVATION OF PROPERTY
The Contractor shall exercise due care to avoid injury to existing improvements or facilities, utility facilities, adjacent property, and trees and shrubbery that are not to be removed. All trees, shrubbery, and landscaping that are not to be removed, all poles and lines, fences, signs, survey markers and monuments, buildings and structures, conduits, pipelines under or above ground, sewer and waterlines, all highway or street facilities, and any other improvements or facilities within or adjacent to the work which are not to be removed shall be protected from injury and damage. The Contractor shall provide and install suitable safeguards to protect such objects from injury or damage. If such objects are injured or damaged by reason of the Contractor's operation, they shall be replaced or restored, at the Contractor's expense, to a condition as good as when the Contractor entered upon the work or as good as required by the Project Plans and Special Provisions and Agreement if any such objects are a part of the work being performed.
The fact that any such pipe or other underground facility is not shown on the plans shall not relieve Contractor's responsibility to ascertain the existence of any underground improvements or facilities which may be subject to damage by reason of the Contractor's operations.
In addition to any requirements imposed by law, the Contractor shall shore up, brace, underpin, and protect, as may be necessary, all foundations and other parts of all existing structures adjacent to, and adjoining the site of the work which are in any way affected by the excavations or other operations connected with the performance of the work. Whenever any notice is required to be given by the City or the Contractor to any adjacent or adjoining landowner or other party before commencement of any work, such notice shall be given in writing by the Contractor and approved by the ENGINEER prior to notification.
In an emergency affecting the safety of life or property, including adjoining property, the Contractor, without special instructions or authorizations, is required to act, at the Contractor's discretion, to prevent such threatened loss or injury.
7-08 EXCAVATION PLANS FOR WORKER PROTECTION
As required by Cal OSHA.
7-09 SAFETY
In accordance with generally accepted construction practices and applicable law, the Contractor will be solely and completely responsible for conditions of the Work site, including safety of all persons and property during performance of the Work. This requirement will apply continuously and not be limited to normal working hours. For purposes of California Labor Code Section 6400 and related provisions of law, the Contractor and the Contractor’s privities and any other entities engaged in the performance of the Work will be “employers” responsible for furnishing employment and a place of employment that is safe and healthful for the employees, if any, of such entities engaged in the performance of the Work. Neither the City nor its officials, officers, employees, agents, volunteers or consultants will be “employers” pursuant to California Labor Code Section 6400 and related provisions of law with respect to the Contractor, the Contractor’s privities or other entities engaged in the performance of the Work.
Review and inspection by the ENGINEER of the Contractor's performance of the Work will not constitute review of the adequacy of the Contractor's safety measures in, on, or near the Work site. Such reviews and inspections do not relieve the Contractor of any of the Contractor’s obligations under the Contract Documents and applicable law to ensure that the Work site is maintained and the Work is performed in a safe manner.
The Contractor will be solely responsible for the implementation and maintenance of safety programs to ensure that the Work site is maintained and the Work is performed in a safe manner in accordance with the Contract Documents and applicable law.
The Contractor must furnish and place proper guards and systems for the prevention of accidents, including, but not limited to, those systems required pursuant to Title 8, Section 1670 and following of the California Code of Regulations concerning safety belts and nets. The Contractor must provide and maintain any other necessary systems or devices required to secure safety of life or property at the Work site in accordance with accepted standards of the industry and applicable law. The Contractor must maintain during all night hours sufficient lights to prevent accident or damage to life or property.
7-10 PERSONAL LIABILITY
No officer, employee, or agent of the City, or the ENGINEER shall be personally responsible for any liability arising under or by virtue of the Agreement.
7-11 INDEMNITY
Contractor and City agree that City, its employees, agents and officials shall, to the fullest extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorney’s fees, litigation costs, defense costs, court costs or any other cost arising out of or in any way related to the performance of this Agreement.
7-12 HOURS OF LABOR
The Contractor shall forfeit, as a penalty to the City, $25 for each worker employed in the execution of the Agreement by the Contractor, or any subcontractor under the Contractor, for each calendar day during which such worker is required or permitted to work more than either (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of the Labor Code. That work performed by employees of Contractors in excess of eight (8) hours per day and forty (40) hours during any one week shall be compensated for all hours worked in excess of eight (8) hours per day and forty (40) hours during any one week at no less than one and one-half times the basic rate of pay as provided in Section 1815.
7-13 PREVAILING WAGE
The Contractor shall comply with Labor Code Sections 1770 to 1780, inclusive. In accordance with said Section 1775, the Contractor shall forfeit as a penalty to the City, $25 for each calendar day or portion thereof for each worker paid less than the stipulated prevailing rates for such work or craft in which such worker is employed for any work done under the Agreement by the Contractor or by any subcontractor under the Contractor in violation of the provisions of the Labor Code. In addition to said penalty and pursuant to said Section 1775, the difference between such stipulated 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 stipulated prevailing wage rate shall be paid to each worker by the Contractor. The Contractor shall supply the City with an original certified payroll weekly.
7-14 TRAVEL AND SUBSISTENCE PAYMENTS
Each worker needed to execute the work must be paid travel and subsistence payments as defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8.
7-15 APPRENTICES
The Contractor and any subcontractor shall comply with the requirements of Sections 1777.5 and 1777.6 of the Labor Codes in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
7-16 WARRANTY OF TITLE
No materials, supplies, or equipment for the work under this Agreement shall be purchased subject to any chattel mortgage or under a conditional sale contract or other agreement by which an interest therein or any part thereof is retained by the seller or supplier. The Contractor warrants clear and good title to all materials, supplies, and equipment, installed and incorporated in the work, and agrees upon completion of all work to deliver the premises together will all improvements and appurtenances constructed or placed thereon by the Contractor to the City free from any claims, liens, encumbrances, or charges and further agrees that neither the Contractor nor any person, firm, or corporation furnishing any material or labor for any work covered by the Agreement shall have any right to a lien upon the premises or any improvement or appurtenance thereon, provided that this shall not preclude the Contractor from installing metering devices or other equipment of utilities companies or of municipalities, the title of which is commonly retained by the utility company or the municipality. Nothing contained in this section, however, shall defeat or impair the right of such persons furnishing materials or labor under any bond given by the Contractor for their protection, or any right under any law permitting such persons to look to funds due the Contractor in the hands of the City. The provisions of this section shall be inserted in all subcontracts and material contracts, and notices of its provision shall be given to all persons furnishing materials for the work when no formal contract is entered into for such materials.
7-17 PROPERTY RIGHTS IN MATERIALS
Nothing in the Agreement 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 the soil, or after payment has been made for materials delivered to the site of the work, or stored subject to or under the control of the City. As such materials shall become the property of the City upon being so attached or affixed, or upon payment for materials delivered to the site of the work, or stored subject to or under the control of the City.
7-18 MUTUAL RESPONSIBILITY OF CONTRACTOR
Nothing in the Agreement shall be interpreted as granting the Contractor exclusive occupancy of the site of the project. The Contractor must ascertain to the Contractor's own satisfaction the scope of the project and the nature of any other contracts that have been or may be awarded by the City in the construction of the project, to the end that the Contractor may perform this Agreement in the light of such other contracts, if any.
The Contractor shall not cause any unnecessary hindrance or delay to any other contractor working on or near the project. If the performance of any contract for the project is likely to be interfered with by the simultaneous performance of some other contract or contracts, the ENGINEER shall decide which contractor shall cease work temporarily and which contractor shall continue or whether the work under the contracts can be coordinated so that the contractors may proceed simultaneously. On all questions concerning conflicting interest of contractors performing related work, the decision of the ENGINEER shall be binding upon all contracts concerned and the City and the ENGINEER shall not be responsible for any damages suffered or extra costs incurred by the Contractor resulting directly or indirectly from the award or performance or attempted performance of any other contract or contracts on the project or caused by a decision or omission of the ENGINEER respecting the order of precedence in the performance of the contracts.
If through acts of neglect on the part of the Contractor, any other contractor or any subcontractor shall suffer loss or damage on the work, the Contractor agrees to settle such loss or damage with such other contractor or subcontractor.
If such other contractor or subcontractor shall assert any claim against the City, the ENGINEER, or their officers, employees or agents, on account of any damage alleged to have been so sustained, the City shall notify the Contractor who shall hold harmless, indemnify, and defend the City.
7-19 TERMINATION FOR BREACH
If the Contractor refuses or fails to prosecute the work or any separable part thereof with such diligence as will ensure its completion within the time specified herein, or any extension thereof, or fails to complete such work within such time, or if the Contractor should be adjudged bankrupt, or if the Contractor should make a general assignment for the benefit of the Contractor's creditors, or if a receiver should be appointed on account of the Contractor's insolvency, or if the Contractor or any of the subcontractors should violate any of the provisions of the Agreement, or if the Contractor should persistently or repeatedly refuse or should fail (except in cases for which extension of time is provided) to supply enough properly skilled workmen or proper materials to complete the work in the time specified, or if the Contractor should fail to make prompt payment to subcontractors for materials or labor, or if the Contractor should persistently disregard laws, ordinances, or instructions of the City, the City may serve written notice upon the Contractor and the surety of the City's intention to terminate the Agreement. Said notice will contain the reasons for such intention to terminate the Agreement. Within ten (10) days after the service of such notice such violations shall cease and satisfactory arrangements for the corrections thereof shall be made otherwise the Agreement shall, upon the expiration of said ten days, cease and terminate. In such case, the Contractor shall not be entitled to receive any further payment until work under the original Agreement is finished.
In the event of such termination, the City shall immediately serve written notice thereof upon the surety and the Contractor, and the surety shall have the right to take over and perform the Agreement; provided, however, if the surety, within fifteen (15) days after the serving upon it of a notice of termination, does not give the City written notice of its intention to take over and perform the Agreement or by any other method it may deem advisable for performance of the Agreement all at the expense of the Contractor, then the surety shall be liable to the City for any excess cost or other damage occasioned the City thereby, and in such event the City may, without liability for so doing, take possession of completing the work and utilize such materials, appliances, plants, and other property belonging to the Contractor that may be on the site of the work and be necessary therefor. For any portion of such work that the City elects to complete by furnishing its own employees, materials, tools, and equipment, the City shall be compensated for such in accordance with the schedule of compensation for force account work in the section on payment for changes in the work.
The foregoing provisions are in addition to, and not in limitation of, any other rights or remedies available to the City.
7-20 OBLIGATIONS OF AND TO SURETIES
None of the following shall in anyway affect the obligations of any surety and each surety waives notice thereof: (a) change extension of time, alteration or additions to their terms of the Contract Documents, or work to be performed; or (b) any matters unknown to surety which might affect surety's risk except that the City will advise surety of the following: (1) any written claims it receives from unpaid subcontractors or suppliers, (2) any written orders received from other public authorities charging violations of laws, ordinances or regulations, and (3) failure of Contractor to comply with any written notice of intent to terminate as specified in the section entitled "Termination For Breach" of these Contract Documents.
7-21 NOTICE AND SERVICE THEREOF
Any notice required or given under the Agreement shall be in writing, be dated and signed by the party giving such notice, or an authorized representative, and be served as follows:
If to the City, by personal delivery or by deposit in the United States mail, postage prepaid. A copy shall also be similarly served on ENGINEER.
If to the Contractor, by personal delivery to the Contractor, or an authorized representative at the site of the project, or by deposit in the United States mail.
If to the surety or any other person, by personal delivery or by deposit in the United States mail.
All mailed notices shall be in sealed envelopes, addressed to the addresses in the Agreement documents or such substitute addresses which a party designates in writing and serves as set forth herein.
7-22 VENUE
In the event of any legal or equitable proceeding to enforce the terms or conditions of this Agreement, the parties agree that venue shall lie only in the Federal or State Courts in Napa County, State of California.
7-23 MODIFICATION
This Agreement may not be altered in whole or in part except by modification in writing and properly executed by all parties hereto or by change as provided herein.
7-24 PARTIAL INVALIDITY
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
7-01 OBSERVING LAWS AND ORDINANCES
The Contractor shall keep fully informed of all existing and future laws, 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 order and decrees of bodies of tribunals having any jurisdiction or authority over same. If any discrepancy or inconsistency is discovered in the Agreement for the work in relations to any such law, ordinance, regulation, order, or decree the Contractor shall forthwith report the same to the ENGINEER in writing.
The Contractor shall at all times observe and comply with, and shall cause all the Contractor's agents, employees, subcontractors and suppliers to observe and comply with, all such existing and future laws, ordinances, regulations, orders, and decrees, and shall hold harmless, indemnify, and defend the City, the ENGINEER, and each of the City's officers, employees, and agents against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree, by the Contractor, the Contractor's agents, employees, subcontractors, or suppliers.
7-02 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.
7-03 PATENTS
This section is blank.
7-04 PUBLIC CONVENIENCE AND SAFETY
The Contractor shall so conduct construction related operations as to offer the least possible obstruction and inconvenience to the public. The Contractor shall have under construction no greater length or amount of work than can be prosecuted properly with due regard to the rights of the public and as specified in the Agreement.
Convenient access to driveways, houses, and buildings along the line of work shall be maintained. Temporary crossings shall be provided and maintained in good condition.
The Contractor shall provide and maintain such fences, barriers, directional signs, lights, and flagmen as are necessary to give adequate warning to the public at all times of any dangerous conditions to be encountered as a result of the construction work and to give directions to the public.
7-05 RESPONSIBILITY FOR LOSS, DAMAGE OR INJURIES
Contractor shall be responsible for all claims, demands, or liability from any cause arising out of, or resulting from, or in connection with, the performance of the work; excepting only those claims as may be caused solely and exclusively by the fault or negligence of City, or the ENGINEER, and shall extend all claims, demands, or liability for loss, damage, or injuries occurring after completion of the projects as well as during the work's progress.
7-06 CONTRACTOR'S RESPONSIBILITY FOR THE WORK
Until the work is accepted, the Contractor shall have the responsible charge and care of the work and of the materials to be used (including materials for which the Contractor has received partial payment 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, excepting only those which may be caused solely and exclusively by the fault or negligence of the City, the ENGINEER, officers, employees, or agents.
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 such causes, before the work is complete and accepted and shall bear the expense thereof. When necessary, the contractor shall, at the Contractor's expense, provide suitable drainage and erect such temporary structures to protect the work or materials from damage. The suspension of the work for any cause whatever, shall not relieve the Contractor's responsibility for the work and materials as herein specified. If ordered by the ENGINEER, the Contractor shall, at the Contractor's expense, properly store materials, which the City has partially paid for or having been furnished. 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. 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.
In an emergency affecting the safety or life or property, including adjoining property, the Contractor, without special instructions or authorizations, is required to act at the Contractor's discretion to prevent such threatened loss or injury.
Notwithstanding the foregoing provisions of this section, the Contractor shall not be responsible for the cost of repairing or restoring damage to the work, in excess of five (5) per cent of the Agreement price, which damage it is determined to have been proximately caused by an earthquake in excess of a magnitude of 3.5 on the Richter Scale, provided the work is built in accordance with accepted and applicable construction standards and the Contract Documents.
7-07 PRESERVATION OF PROPERTY
The Contractor shall exercise due care to avoid injury to existing improvements or facilities, utility facilities, adjacent property, and trees and shrubbery that are not to be removed. All trees, shrubbery, and landscaping that are not to be removed, all poles and lines, fences, signs, survey markers and monuments, buildings and structures, conduits, pipelines under or above ground, sewer and waterlines, all highway or street facilities, and any other improvements or facilities within or adjacent to the work which are not to be removed shall be protected from injury and damage. The Contractor shall provide and install suitable safeguards to protect such objects from injury or damage. If such objects are injured or damaged by reason of the Contractor's operation, they shall be replaced or restored, at the Contractor's expense, to a condition as good as when the Contractor entered upon the work or as good as required by the Project Plans and Special Provisions and Agreement if any such objects are a part of the work being performed.
The fact that any such pipe or other underground facility is not shown on the plans shall not relieve Contractor's responsibility to ascertain the existence of any underground improvements or facilities which may be subject to damage by reason of the Contractor's operations.
In addition to any requirements imposed by law, the Contractor shall shore up, brace, underpin, and protect, as may be necessary, all foundations and other parts of all existing structures adjacent to, and adjoining the site of the work which are in any way affected by the excavations or other operations connected with the performance of the work. Whenever any notice is required to be given by the City or the Contractor to any adjacent or adjoining landowner or other party before commencement of any work, such notice shall be given in writing by the Contractor and approved by the ENGINEER prior to notification.
In an emergency affecting the safety of life or property, including adjoining property, the Contractor, without special instructions or authorizations, is required to act, at the Contractor's discretion, to prevent such threatened loss or injury.
7-08 EXCAVATION PLANS FOR WORKER PROTECTION
As required by Cal OSHA.
7-09 SAFETY
In accordance with generally accepted construction practices and applicable law, the Contractor will be solely and completely responsible for conditions of the Work site, including safety of all persons and property during performance of the Work. This requirement will apply continuously and not be limited to normal working hours. For purposes of California Labor Code Section 6400 and related provisions of law, the Contractor and the Contractor’s privities and any other entities engaged in the performance of the Work will be “employers” responsible for furnishing employment and a place of employment that is safe and healthful for the employees, if any, of such entities engaged in the performance of the Work. Neither the City nor its officials, officers, employees, agents, volunteers or consultants will be “employers” pursuant to California Labor Code Section 6400 and related provisions of law with respect to the Contractor, the Contractor’s privities or other entities engaged in the performance of the Work.
Review and inspection by the ENGINEER of the Contractor's performance of the Work will not constitute review of the adequacy of the Contractor's safety measures in, on, or near the Work site. Such reviews and inspections do not relieve the Contractor of any of the Contractor’s obligations under the Contract Documents and applicable law to ensure that the Work site is maintained and the Work is performed in a safe manner.
The Contractor will be solely responsible for the implementation and maintenance of safety programs to ensure that the Work site is maintained and the Work is performed in a safe manner in accordance with the Contract Documents and applicable law.
The Contractor must furnish and place proper guards and systems for the prevention of accidents, including, but not limited to, those systems required pursuant to Title 8, Section 1670 and following of the California Code of Regulations concerning safety belts and nets. The Contractor must provide and maintain any other necessary systems or devices required to secure safety of life or property at the Work site in accordance with accepted standards of the industry and applicable law. The Contractor must maintain during all night hours sufficient lights to prevent accident or damage to life or property.
7-10 PERSONAL LIABILITY
No officer, employee, or agent of the City, or the ENGINEER shall be personally responsible for any liability arising under or by virtue of the Agreement.
7-11 INDEMNITY
Contractor and City agree that City, its employees, agents and officials shall, to the fullest extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorney’s fees, litigation costs, defense costs, court costs or any other cost arising out of or in any way related to the performance of this Agreement.
7-12 HOURS OF LABOR
The Contractor shall forfeit, as a penalty to the City, $25 for each worker employed in the execution of the Agreement by the Contractor, or any subcontractor under the Contractor, for each calendar day during which such worker is required or permitted to work more than either (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of the Labor Code. That work performed by employees of Contractors in excess of eight (8) hours per day and forty (40) hours during any one week shall be compensated for all hours worked in excess of eight (8) hours per day and forty (40) hours during any one week at no less than one and one-half times the basic rate of pay as provided in Section 1815.
7-13 PREVAILING WAGE
The Contractor shall comply with Labor Code Sections 1770 to 1780, inclusive. In accordance with said Section 1775, the Contractor shall forfeit as a penalty to the City, $25 for each calendar day or portion thereof for each worker paid less than the stipulated prevailing rates for such work or craft in which such worker is employed for any work done under the Agreement by the Contractor or by any subcontractor under the Contractor in violation of the provisions of the Labor Code. In addition to said penalty and pursuant to said Section 1775, the difference between such stipulated 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 stipulated prevailing wage rate shall be paid to each worker by the Contractor. The Contractor shall supply the City with an original certified payroll weekly.
7-14 TRAVEL AND SUBSISTENCE PAYMENTS
Each worker needed to execute the work must be paid travel and subsistence payments as defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8.
7-15 APPRENTICES
The Contractor and any subcontractor shall comply with the requirements of Sections 1777.5 and 1777.6 of the Labor Codes in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
7-16 WARRANTY OF TITLE
No materials, supplies, or equipment for the work under this Agreement shall be purchased subject to any chattel mortgage or under a conditional sale contract or other agreement by which an interest therein or any part thereof is retained by the seller or supplier. The Contractor warrants clear and good title to all materials, supplies, and equipment, installed and incorporated in the work, and agrees upon completion of all work to deliver the premises together will all improvements and appurtenances constructed or placed thereon by the Contractor to the City free from any claims, liens, encumbrances, or charges and further agrees that neither the Contractor nor any person, firm, or corporation furnishing any material or labor for any work covered by the Agreement shall have any right to a lien upon the premises or any improvement or appurtenance thereon, provided that this shall not preclude the Contractor from installing metering devices or other equipment of utilities companies or of municipalities, the title of which is commonly retained by the utility company or the municipality. Nothing contained in this section, however, shall defeat or impair the right of such persons furnishing materials or labor under any bond given by the Contractor for their protection, or any right under any law permitting such persons to look to funds due the Contractor in the hands of the City. The provisions of this section shall be inserted in all subcontracts and material contracts, and notices of its provision shall be given to all persons furnishing materials for the work when no formal contract is entered into for such materials.
7-17 PROPERTY RIGHTS IN MATERIALS
Nothing in the Agreement 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 the soil, or after payment has been made for materials delivered to the site of the work, or stored subject to or under the control of the City. As such materials shall become the property of the City upon being so attached or affixed, or upon payment for materials delivered to the site of the work, or stored subject to or under the control of the City.
7-18 MUTUAL RESPONSIBILITY OF CONTRACTOR
Nothing in the Agreement shall be interpreted as granting the Contractor exclusive occupancy of the site of the project. The Contractor must ascertain to the Contractor's own satisfaction the scope of the project and the nature of any other contracts that have been or may be awarded by the City in the construction of the project, to the end that the Contractor may perform this Agreement in the light of such other contracts, if any.
The Contractor shall not cause any unnecessary hindrance or delay to any other contractor working on or near the project. If the performance of any contract for the project is likely to be interfered with by the simultaneous performance of some other contract or contracts, the ENGINEER shall decide which contractor shall cease work temporarily and which contractor shall continue or whether the work under the contracts can be coordinated so that the contractors may proceed simultaneously. On all questions concerning conflicting interest of contractors performing related work, the decision of the ENGINEER shall be binding upon all contracts concerned and the City and the ENGINEER shall not be responsible for any damages suffered or extra costs incurred by the Contractor resulting directly or indirectly from the award or performance or attempted performance of any other contract or contracts on the project or caused by a decision or omission of the ENGINEER respecting the order of precedence in the performance of the contracts.
If through acts of neglect on the part of the Contractor, any other contractor or any subcontractor shall suffer loss or damage on the work, the Contractor agrees to settle such loss or damage with such other contractor or subcontractor.
If such other contractor or subcontractor shall assert any claim against the City, the ENGINEER, or their officers, employees or agents, on account of any damage alleged to have been so sustained, the City shall notify the Contractor who shall hold harmless, indemnify, and defend the City.
7-19 TERMINATION FOR BREACH
If the Contractor refuses or fails to prosecute the work or any separable part thereof with such diligence as will ensure its completion within the time specified herein, or any extension thereof, or fails to complete such work within such time, or if the Contractor should be adjudged bankrupt, or if the Contractor should make a general assignment for the benefit of the Contractor's creditors, or if a receiver should be appointed on account of the Contractor's insolvency, or if the Contractor or any of the subcontractors should violate any of the provisions of the Agreement, or if the Contractor should persistently or repeatedly refuse or should fail (except in cases for which extension of time is provided) to supply enough properly skilled workmen or proper materials to complete the work in the time specified, or if the Contractor should fail to make prompt payment to subcontractors for materials or labor, or if the Contractor should persistently disregard laws, ordinances, or instructions of the City, the City may serve written notice upon the Contractor and the surety of the City's intention to terminate the Agreement. Said notice will contain the reasons for such intention to terminate the Agreement. Within ten (10) days after the service of such notice such violations shall cease and satisfactory arrangements for the corrections thereof shall be made otherwise the Agreement shall, upon the expiration of said ten days, cease and terminate. In such case, the Contractor shall not be entitled to receive any further payment until work under the original Agreement is finished.
In the event of such termination, the City shall immediately serve written notice thereof upon the surety and the Contractor, and the surety shall have the right to take over and perform the Agreement; provided, however, if the surety, within fifteen (15) days after the serving upon it of a notice of termination, does not give the City written notice of its intention to take over and perform the Agreement or by any other method it may deem advisable for performance of the Agreement all at the expense of the Contractor, then the surety shall be liable to the City for any excess cost or other damage occasioned the City thereby, and in such event the City may, without liability for so doing, take possession of completing the work and utilize such materials, appliances, plants, and other property belonging to the Contractor that may be on the site of the work and be necessary therefor. For any portion of such work that the City elects to complete by furnishing its own employees, materials, tools, and equipment, the City shall be compensated for such in accordance with the schedule of compensation for force account work in the section on payment for changes in the work.
The foregoing provisions are in addition to, and not in limitation of, any other rights or remedies available to the City.
7-20 OBLIGATIONS OF AND TO SURETIES
None of the following shall in anyway affect the obligations of any surety and each surety waives notice thereof: (a) change extension of time, alteration or additions to their terms of the Contract Documents, or work to be performed; or (b) any matters unknown to surety which might affect surety's risk except that the City will advise surety of the following: (1) any written claims it receives from unpaid subcontractors or suppliers, (2) any written orders received from other public authorities charging violations of laws, ordinances or regulations, and (3) failure of Contractor to comply with any written notice of intent to terminate as specified in the section entitled "Termination For Breach" of these Contract Documents.
7-21 NOTICE AND SERVICE THEREOF
Any notice required or given under the Agreement shall be in writing, be dated and signed by the party giving such notice, or an authorized representative, and be served as follows:
If to the City, by personal delivery or by deposit in the United States mail, postage prepaid. A copy shall also be similarly served on ENGINEER.
If to the Contractor, by personal delivery to the Contractor, or an authorized representative at the site of the project, or by deposit in the United States mail.
If to the surety or any other person, by personal delivery or by deposit in the United States mail.
All mailed notices shall be in sealed envelopes, addressed to the addresses in the Agreement documents or such substitute addresses which a party designates in writing and serves as set forth herein.
7-22 VENUE
In the event of any legal or equitable proceeding to enforce the terms or conditions of this Agreement, the parties agree that venue shall lie only in the Federal or State Courts in Napa County, State of California.
7-23 MODIFICATION
This Agreement may not be altered in whole or in part except by modification in writing and properly executed by all parties hereto or by change as provided herein.
7-24 PARTIAL INVALIDITY
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
8-01 SUBCONTRACTING
Acts and omissions of the Contractor's subcontractor or of the persons either directly or indirectly employed by the Contractor's subcontractor shall be considered as the same as the acts and omissions of persons directly employed by the Contractor. Nothing contained in the Contract Documents shall create any contractual relationship between any subcontractor to be bound by the terms of the Contract Documents as applicable to the work.
8-02 ASSIGNMENT
The performance of the contract may not be assigned, except upon the written consent of the City. Consent will not be given to any proposed assignment which would relieve the original Contractor or the Contractor's surety of their responsibilities under the Agreement, nor will the City consent to any assignment of a part of the work under the Agreement.
Upon obtaining a prior written consent from the City, the Contractor may assign moneys due, or to become due to the Contractor, under the Agreement, to the extent permitted by the law. Any assignment of moneys shall be subject to all proper set offs in favor of the City and to all deductions provided for in the Agreement, and particularly, all money withheld, whether assigned or not, shall be subject to being used by the City for the completion of the work in the event that the Contractor should be in default therein.
No assignment of this Agreement will be approved unless it shall contain a provision that the funds to be paid to the assignee under the assignment are subject to a prior lien for services rendered or materials supplied for performance of the work called for under the Agreement in favor of all persons, firms, or corporations rendering such services or supplying such materials.
8-03 CONTRACTOR'S CONSTRUCTION SCHEDULE AND COST BREAKDOWN
Within fourteen (14) calendar days of the Award of Contract, the Contractor must submit a detailed Construction Schedule, as specified in Section 8-3.1, and a Schedule of Values of the project. The schedules will be reviewed and approved by the ENGINEER.
Contractor shall update the Construction Schedule on the first of each month. Progress payments may be delayed if the Construction Schedule is not current.
Contractor shall provide the ENGINEER a “5 day look ahead” schedule by the close of business each Thursday.
8-3.1 Progress Schedule (Critical Path)
8-3.1.1 General
By submitting a bid, Contractor represents it has reviewed the work required by the Contract Documents, including but not limited to, the availability of materials, labor, equipment and supplies, constraints upon Contractor's own forces and resources, reasonable anticipated weather conditions and other factors, and agrees that the Contract Time and Liquidated Damages are reasonable under the circumstances.
8-3.1.2 Schedule Submittal
Within fourteen (14) calendar days of the Award of Contract, the Contractor shall submit the proposed progress schedule to the Engineer. The City and/or its consultants may review the proposed project schedule.
By submission of its proposed progress schedule to City for review, Contractor represents that it has reviewed the proposed progress schedule with each of its subcontractors, and each subcontractor has agreed that as to that subcontractor's portion of the work, the proposed progress schedule is reasonable, and further that each subcontractor will devote the resources necessary to complete its portion of the work shown on the proposed progress schedule.
8-3.1.3 Schedule Requirements
Contractor's proposed progress schedule, and all updates or revisions thereto, shall:
8-3.1.4 Schedule Review
City or City's representative may review the proposed progress schedule for compliance with these Contract Documents. If Contractor's revised proposed progress schedule does not comply with the requirements of these Contract Documents, it may be returned to Contractor for revisions necessary to bring the proposed progress schedule into compliance with the Contract Documents.
City’s review or approval of the CPM progress schedule shall not relieve the Contractor of its responsibility for errors therein and shall not be regarded as a waiver of such errors by City. The Contractor shall not be entitled to any claim or right for delay, acceleration, or other impact upon Contractor that may occur as a result of such errors.
8-3.1.5 Failure to Submit
Should Contractor fail or refuse for any reason, to properly and timely submit to City/Engineer, Contractor's proposed progress schedule, Contractor agrees it thereby waives any claim it may have then or that may arise in the future for delay, acceleration, impact, or the like, no matter how characterized.
8-3.1.6 Schedule Acceptance
Following acceptance by City or City's representative of Contractor's proposed progress schedule, Contractor shall prepare and submit to City, three (3) copies of periodic progress schedule updates at least three (3) working days prior to each request for progress payment. Each periodic progress schedule shall accurately account for the work performed to date. Timely receipt by City of each required periodic progress schedule in full compliance with all of these Contract Documents shall be a condition precedent to City's obligation to pay or request payment for Contractor, sums due under this Contract.
8-3.1.7 Critical Work Activities and Float
8-3.1.7.1 Critical Work Activities
Critical work activities are those which if delayed or extended, will delay the scheduled completion of the total of the work required under these Contract Documents. All other work activities are not critical and have float.
8-3.1.7.2 Float
Float is the time that a work activity that is not critical can be delayed or extended without delaying the completion of the total of the work required under these Contract Documents. Float shall not belong exclusively to either the Contractor or the City. Use of float by either party will only be by mutual agreement.
8-3.1.7.3 Delays
Delays of tasks, which are not critical, will not be the basis for an extension of the Contract time, unless and until said delays consume all associated float and cause the tasks to become critical.
8-3.1.7.4 Changes to Critical Path
Following the City or the City's representative's acceptance of the Contractor's proposed progress schedule, Contractor shall not change the critical path of the accepted progress schedule, unless a Change Order agreeing to the same has been signed by all of the appropriate parties.
8-3.1.8 Payment
Full compensation for Progress Schedule (Critical Path) including furnishing all labor, tools, equipment, schedules, and incidentals, and for performing the work described herein " shall be considered as included in the Contract price for other items, and no additional compensation shall be allowed therefor.
8-3.1.8.1 Failure to Submit Schedule
If the baseline or monthly schedule updates are not submitted within 30 days of the time identified in these Provisions, the City reserves the right to apply an administrative deduction of up to 25% to the next Progress Payment.
8-04 LANDS AND RIGHTS OF WAY
This section is blank
8-05 TIME FOR COMPLETION AND LIQUIDATED DAMAGES
The Contractor shall commence, diligently prosecute, and complete all or any designated portion of the work called for under the Agreement. The Contractor shall complete all work within 320 working days of the Notice to Proceed. Time is of the essence. In accordance with Government Code SS. 53069.85, the Contractor agrees to pay the City $5,200 per day for each and every day of delay in finishing the work in excess of the number of days prescribed above. Said amount shall be withheld from Contractor.
Provided the Contractor had made a timely request for a time extension, there shall be time apportioned and deducted from any delay period those causes beyond the control, and without fault or negligence, of the Contractor, the Contractor's employees, subcontractors, or suppliers.
The causes considered beyond the control of the Contractor include Acts of God or of the public enemy, acts of the government, acts, omissions, or failures of the City, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe and unseasonable weather, or failure of an owner of a utility to provide for the location, removal, or relocation of existing utility facilities. Any such delays shall be directly and adversely preventing the Contractor from completing that portion of the work which is affected as indicated in the Contract Documents. In addition, any such delays shall not entitle the Contractor to any additional compensation. The sole remedy of the Contractor shall be an extension of time obtained in accordance with this section.
The Contractor shall immediately notify the ENGINEER of a condition that would cause delay. The Contractor shall, within three (3) days from the beginning of any such delay, notify the ENGINEER in writing of the cause of delay. The ENGINEER shall ascertain the facts and extent of the alleged delay and extend time for completing the work if, in the ENGINEER’S judgment, the findings of fact justify such an extension. The ENGINEER’S findings of facts thereon shall be final and conclusive.
The City withholds liquidated damages if the anticipated liquidated damages may exceed the value of the remaining work.
8-06 DAYS OF WORK
Work shall be performed during the City's normal 40-hour week. If work is to be done on a City-observed holiday or at any time other than the City's regular 40-hour work week, the Contractor shall give the City forty-eight (48) hours notice in writing before such work is requested to be performed. Such work shall be carried out only upon the approval of the ENGINEER. If such work is carried out without approval by the ENGINEER, the ENGINEER will require any or all portions of the work to be removed so that an inspection may be accomplished.
| Holiday | Day Observed |
| New Year's Day | January 1 |
| Martin Luther King, Jr's Birthday | Third Monday in January |
| Lincoln's Birthday | Second Monday in February |
| Washington's Birthday | Third Monday in February |
| Caesar Chavez's Birthday | March31 |
| Memorial Day | Last Monday in May |
| Juneteenth | June 19 |
| Independence Day | July 4 |
| Labor Day | First Monday in September |
| Columbus Day | Second Monday in October |
| Veteran's Day | November 11 |
| Thanksgiving Day | Fourth Thursday in November |
| Day after Thanksgiving | Friday after Thanksgiving |
| Christmas Eve | Last day worked before Christmas |
| Christmas Day | December 25 |
| Any day appointed by the President of the United States or the Governor of the State of California as holiday |
8-07 EXTENSION OF TIME
The City reserves the right to extend the time fixed for completion of the work. The Contractor must submit, in writing, an application for extension of time and shall file the application with the City fourteen (14) days before the expiration of the original time fixed in the Agreement or as previously extended. If an extension is granted, the extension shall be deemed to commence and be effective from the date of such previous expiration. No extension of time shall release Contractor's sureties.
8-08 USE OF COMPLETED PORTIONS
When the work or portion of it is sufficiently complete to be used or placed into service, the City shall have the right, upon written notice to the Contractor, to use such portions of the work and to place the operable portions into service and to operate.
After the City uses or operates such portion of the work, the Contractor shall be relieved of the duty of maintaining the portions so utilized or placed into operation. However, nothing in this section shall be construed as relieving the Contractor of the full responsibility for completing the work in its entirety, for making good defective work and materials, for protecting documents, nor shall such action by the City be deemed completion and acceptance, and such action shall not relieve the Contractor, the Contractor's sureties or insurers of the provisions of the section on Guarantees and Indemnity.
8-09 OCCUPANCY
The City reserves the right to occupy or use any part or parts or the entire of the Work before the Work is fully performed. Subject to applicable law, exercising this right will in no way constitute acceptance of any part of the Work so occupied or used or acceptance of the entire Work, nor will such occupancy or use in any way affect the times when payments will become due the Contractor, nor will such occupancy or use in any way prejudice the City’s rights under the Agreement, any Agreement bonds, or at law or equity. Occupancy or use shall not waive the City’s rights to assess liquidated damages in accordance with Section 7 after the date of such occupancy or use.
8-10 WORK COMPLETION AND FINAL INSPECTION
When the Contractor considers the Work is completed, the Contractor will submit written certification to the ENGINEER specifying that: the Contract Documents have been reviewed; the Work has been inspected for compliance with the Contract Documents; the Work has been completed in accordance with the Contract Documents; and that equipment and systems have been tested in the presence of the City’s representative and are operational. The ENGINEER will make an inspection to verify that the Work is complete and will notify the Contractor in writing of any incomplete or deficient Work. The Contractor will take immediate steps to remedy the stated deficiencies and give notice of correction to the ENGINEER. Upon receiving a notice of correction, the ENGINEER will re-inspect the Work. The Contractor must correct all punch list items within 14 days after the issuance of the punch list. Before acceptance of the Work the Contractor must submit: one set of the Project Record Drawings (As-Builts), and any equipment operating and maintenance instructions and data, warranties.
8-11 WORK ACCEPTANCE
8-12 UTILITY AND NON-HIGHWAY FACILITIES
The CONTRACTOR should note that the following utility companies maintain facilities within the project area:
| AT&T (telephone) 40 Executive Court Napa, CA 94558 707-258-3779 | Pacific Gas & Electric Co. (gas & electric) 303 Carlson Street Vallejo, CA 94590 925-421-5963 |
| Comcast (cable) Comcast Corp. 1179 No. McDowell Blvd. Suite D Petaluma, CA 94954 | City of American Canyon (water, sewer, & streets) 300 Napa Junction Road American Canyon, CA 94503 707-647-4550 |
8-01 SUBCONTRACTING
Acts and omissions of the Contractor's subcontractor or of the persons either directly or indirectly employed by the Contractor's subcontractor shall be considered as the same as the acts and omissions of persons directly employed by the Contractor. Nothing contained in the Contract Documents shall create any contractual relationship between any subcontractor to be bound by the terms of the Contract Documents as applicable to the work.
8-02 ASSIGNMENT
The performance of the contract may not be assigned, except upon the written consent of the City. Consent will not be given to any proposed assignment which would relieve the original Contractor or the Contractor's surety of their responsibilities under the Agreement, nor will the City consent to any assignment of a part of the work under the Agreement.
Upon obtaining a prior written consent from the City, the Contractor may assign moneys due, or to become due to the Contractor, under the Agreement, to the extent permitted by the law. Any assignment of moneys shall be subject to all proper set offs in favor of the City and to all deductions provided for in the Agreement, and particularly, all money withheld, whether assigned or not, shall be subject to being used by the City for the completion of the work in the event that the Contractor should be in default therein.
No assignment of this Agreement will be approved unless it shall contain a provision that the funds to be paid to the assignee under the assignment are subject to a prior lien for services rendered or materials supplied for performance of the work called for under the Agreement in favor of all persons, firms, or corporations rendering such services or supplying such materials.
8-03 CONTRACTOR'S CONSTRUCTION SCHEDULE AND COST BREAKDOWN
Within fourteen (14) calendar days of the Award of Contract, the Contractor must submit a detailed Construction Schedule, as specified in Section 8-3.1, and a Schedule of Values of the project. The schedules will be reviewed and approved by the ENGINEER.
Contractor shall update the Construction Schedule on the first of each month. Progress payments may be delayed if the Construction Schedule is not current.
Contractor shall provide the ENGINEER a “5 day look ahead” schedule by the close of business each Thursday.
8-3.1 Progress Schedule (Critical Path)
8-3.1.1 General
By submitting a bid, Contractor represents it has reviewed the work required by the Contract Documents, including but not limited to, the availability of materials, labor, equipment and supplies, constraints upon Contractor's own forces and resources, reasonable anticipated weather conditions and other factors, and agrees that the Contract Time and Liquidated Damages are reasonable under the circumstances.
8-3.1.2 Schedule Submittal
Within fourteen (14) calendar days of the Award of Contract, the Contractor shall submit the proposed progress schedule to the Engineer. The City and/or its consultants may review the proposed project schedule.
By submission of its proposed progress schedule to City for review, Contractor represents that it has reviewed the proposed progress schedule with each of its subcontractors, and each subcontractor has agreed that as to that subcontractor's portion of the work, the proposed progress schedule is reasonable, and further that each subcontractor will devote the resources necessary to complete its portion of the work shown on the proposed progress schedule.
8-3.1.3 Schedule Requirements
Contractor's proposed progress schedule, and all updates or revisions thereto, shall:
8-3.1.4 Schedule Review
City or City's representative may review the proposed progress schedule for compliance with these Contract Documents. If Contractor's revised proposed progress schedule does not comply with the requirements of these Contract Documents, it may be returned to Contractor for revisions necessary to bring the proposed progress schedule into compliance with the Contract Documents.
City’s review or approval of the CPM progress schedule shall not relieve the Contractor of its responsibility for errors therein and shall not be regarded as a waiver of such errors by City. The Contractor shall not be entitled to any claim or right for delay, acceleration, or other impact upon Contractor that may occur as a result of such errors.
8-3.1.5 Failure to Submit
Should Contractor fail or refuse for any reason, to properly and timely submit to City/Engineer, Contractor's proposed progress schedule, Contractor agrees it thereby waives any claim it may have then or that may arise in the future for delay, acceleration, impact, or the like, no matter how characterized.
8-3.1.6 Schedule Acceptance
Following acceptance by City or City's representative of Contractor's proposed progress schedule, Contractor shall prepare and submit to City, three (3) copies of periodic progress schedule updates at least three (3) working days prior to each request for progress payment. Each periodic progress schedule shall accurately account for the work performed to date. Timely receipt by City of each required periodic progress schedule in full compliance with all of these Contract Documents shall be a condition precedent to City's obligation to pay or request payment for Contractor, sums due under this Contract.
8-3.1.7 Critical Work Activities and Float
8-3.1.7.1 Critical Work Activities
Critical work activities are those which if delayed or extended, will delay the scheduled completion of the total of the work required under these Contract Documents. All other work activities are not critical and have float.
8-3.1.7.2 Float
Float is the time that a work activity that is not critical can be delayed or extended without delaying the completion of the total of the work required under these Contract Documents. Float shall not belong exclusively to either the Contractor or the City. Use of float by either party will only be by mutual agreement.
8-3.1.7.3 Delays
Delays of tasks, which are not critical, will not be the basis for an extension of the Contract time, unless and until said delays consume all associated float and cause the tasks to become critical.
8-3.1.7.4 Changes to Critical Path
Following the City or the City's representative's acceptance of the Contractor's proposed progress schedule, Contractor shall not change the critical path of the accepted progress schedule, unless a Change Order agreeing to the same has been signed by all of the appropriate parties.
8-3.1.8 Payment
Full compensation for Progress Schedule (Critical Path) including furnishing all labor, tools, equipment, schedules, and incidentals, and for performing the work described herein " shall be considered as included in the Contract price for other items, and no additional compensation shall be allowed therefor.
8-3.1.8.1 Failure to Submit Schedule
If the baseline or monthly schedule updates are not submitted within 30 days of the time identified in these Provisions, the City reserves the right to apply an administrative deduction of up to 25% to the next Progress Payment.
8-04 LANDS AND RIGHTS OF WAY
This section is blank
8-05 TIME FOR COMPLETION AND LIQUIDATED DAMAGES
The Contractor shall commence, diligently prosecute, and complete all or any designated portion of the work called for under the Agreement. The Contractor shall complete all work within 320 working days of the Notice to Proceed. Time is of the essence. In accordance with Government Code SS. 53069.85, the Contractor agrees to pay the City $5,200 per day for each and every day of delay in finishing the work in excess of the number of days prescribed above. Said amount shall be withheld from Contractor.
Provided the Contractor had made a timely request for a time extension, there shall be time apportioned and deducted from any delay period those causes beyond the control, and without fault or negligence, of the Contractor, the Contractor's employees, subcontractors, or suppliers.
The causes considered beyond the control of the Contractor include Acts of God or of the public enemy, acts of the government, acts, omissions, or failures of the City, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe and unseasonable weather, or failure of an owner of a utility to provide for the location, removal, or relocation of existing utility facilities. Any such delays shall be directly and adversely preventing the Contractor from completing that portion of the work which is affected as indicated in the Contract Documents. In addition, any such delays shall not entitle the Contractor to any additional compensation. The sole remedy of the Contractor shall be an extension of time obtained in accordance with this section.
The Contractor shall immediately notify the ENGINEER of a condition that would cause delay. The Contractor shall, within three (3) days from the beginning of any such delay, notify the ENGINEER in writing of the cause of delay. The ENGINEER shall ascertain the facts and extent of the alleged delay and extend time for completing the work if, in the ENGINEER’S judgment, the findings of fact justify such an extension. The ENGINEER’S findings of facts thereon shall be final and conclusive.
The City withholds liquidated damages if the anticipated liquidated damages may exceed the value of the remaining work.
8-06 DAYS OF WORK
Work shall be performed during the City's normal 40-hour week. If work is to be done on a City-observed holiday or at any time other than the City's regular 40-hour work week, the Contractor shall give the City forty-eight (48) hours notice in writing before such work is requested to be performed. Such work shall be carried out only upon the approval of the ENGINEER. If such work is carried out without approval by the ENGINEER, the ENGINEER will require any or all portions of the work to be removed so that an inspection may be accomplished.
| Holiday | Day Observed |
| New Year's Day | January 1 |
| Martin Luther King, Jr's Birthday | Third Monday in January |
| Lincoln's Birthday | Second Monday in February |
| Washington's Birthday | Third Monday in February |
| Caesar Chavez's Birthday | March31 |
| Memorial Day | Last Monday in May |
| Juneteenth | June 19 |
| Independence Day | July 4 |
| Labor Day | First Monday in September |
| Columbus Day | Second Monday in October |
| Veteran's Day | November 11 |
| Thanksgiving Day | Fourth Thursday in November |
| Day after Thanksgiving | Friday after Thanksgiving |
| Christmas Eve | Last day worked before Christmas |
| Christmas Day | December 25 |
| Any day appointed by the President of the United States or the Governor of the State of California as holiday |
8-07 EXTENSION OF TIME
The City reserves the right to extend the time fixed for completion of the work. The Contractor must submit, in writing, an application for extension of time and shall file the application with the City fourteen (14) days before the expiration of the original time fixed in the Agreement or as previously extended. If an extension is granted, the extension shall be deemed to commence and be effective from the date of such previous expiration. No extension of time shall release Contractor's sureties.
8-08 USE OF COMPLETED PORTIONS
When the work or portion of it is sufficiently complete to be used or placed into service, the City shall have the right, upon written notice to the Contractor, to use such portions of the work and to place the operable portions into service and to operate.
After the City uses or operates such portion of the work, the Contractor shall be relieved of the duty of maintaining the portions so utilized or placed into operation. However, nothing in this section shall be construed as relieving the Contractor of the full responsibility for completing the work in its entirety, for making good defective work and materials, for protecting documents, nor shall such action by the City be deemed completion and acceptance, and such action shall not relieve the Contractor, the Contractor's sureties or insurers of the provisions of the section on Guarantees and Indemnity.
8-09 OCCUPANCY
The City reserves the right to occupy or use any part or parts or the entire of the Work before the Work is fully performed. Subject to applicable law, exercising this right will in no way constitute acceptance of any part of the Work so occupied or used or acceptance of the entire Work, nor will such occupancy or use in any way affect the times when payments will become due the Contractor, nor will such occupancy or use in any way prejudice the City’s rights under the Agreement, any Agreement bonds, or at law or equity. Occupancy or use shall not waive the City’s rights to assess liquidated damages in accordance with Section 7 after the date of such occupancy or use.
8-10 WORK COMPLETION AND FINAL INSPECTION
When the Contractor considers the Work is completed, the Contractor will submit written certification to the ENGINEER specifying that: the Contract Documents have been reviewed; the Work has been inspected for compliance with the Contract Documents; the Work has been completed in accordance with the Contract Documents; and that equipment and systems have been tested in the presence of the City’s representative and are operational. The ENGINEER will make an inspection to verify that the Work is complete and will notify the Contractor in writing of any incomplete or deficient Work. The Contractor will take immediate steps to remedy the stated deficiencies and give notice of correction to the ENGINEER. Upon receiving a notice of correction, the ENGINEER will re-inspect the Work. The Contractor must correct all punch list items within 14 days after the issuance of the punch list. Before acceptance of the Work the Contractor must submit: one set of the Project Record Drawings (As-Builts), and any equipment operating and maintenance instructions and data, warranties.
8-11 WORK ACCEPTANCE
8-12 UTILITY AND NON-HIGHWAY FACILITIES
The CONTRACTOR should note that the following utility companies maintain facilities within the project area:
| AT&T (telephone) 40 Executive Court Napa, CA 94558 707-258-3779 | Pacific Gas & Electric Co. (gas & electric) 303 Carlson Street Vallejo, CA 94590 925-421-5963 |
| Comcast (cable) Comcast Corp. 1179 No. McDowell Blvd. Suite D Petaluma, CA 94954 | City of American Canyon (water, sewer, & streets) 300 Napa Junction Road American Canyon, CA 94503 707-647-4550 |
9-01 MEASUREMENT OF QUANTITIES
Payment for all work bid at a price per unit of measurement will be based upon the actual quantities of work as measured upon completion. The City does not expressly or by implication agree that the actual amount of work or materials of any class will correspond to the estimated quantities given in the proposal.
The CONTRACTOR shall make no claim nor receive any compensation for anticipated profits, or loss of profit, for damages, or for any extra payment whatever because of any difference between the amount of work actually done or materials furnished and the estimated amount.
Items bid on a “Lump Sum” basis shall result in a complete structure, operating plant or system in satisfactory working condition in respect to the functional purposes for the installation, and no extra compensation will be allowed for anything omitted but fairly implied.
9-02 PAYMENT FOR CHANGES IN THE WORK
Changes, additions, or deductions to the work shall be in a written change order approved by the ENGINEER. The change order shall specify:
When alterations in quantities of work for which unit prices are shown in the proposal are ordered and performed, the adjustment in the contract amount shall be determined on the basis of such unit prices for the actual quantities of work done.
Adjustments, if any, in the amount to be paid the Contractor by reason of any other modifications of the work as set forth in a contract change order, shall be determined by one or more of the following methods as elected by the ENGINEER:
Lump Sum Price – By an acceptable lump sum proposal from the Contractor.
Unit Prices – By unit prices fixed by agreement between the City and the Contractor.
Force Account – By ordering the Contractor to proceed with the work and to keep and present in such form as the ENGINEER may direct, a correct account of the cost of the change, together with all vouchers therefor. The Contractor will be paid for labor, materials, and equipment rental actually used on the change order work, in accordance with Section 9-1.04 Force Account of the State of California Department of Transportation Standard Specifications dated 2018.
The method of payment agreed upon or, in the absence of agreement, selected by the ENGINEER shall be set forth in the change order.
9-03 PROGRESS PAYMENTS
The Contractor shall, on or before the thirtieth (30th) day of each calendar month after actual construction work is started, except in case of the final estimate, prepare a written estimate to be submitted to the ENGINEER of the value of the total amount of the work completed by the Contractor. Payment of materials and equipment on site, but not in place, or stored is subject to written approval of the ENGINEER at each pay estimate. In estimating value of work performed, the ENGINEER may take into consideration, along with other facts and conditions deemed by the ENGINEER to be proper, materials furnished and stored at the site of the work and the ratio of the difficulty or cost of the work done to the probable difficulty or cost of the work remaining to be done.
The ENGINEER compares the City’s records to the Contractors written estimate. When the ENGINEER and the Contractor agree on the contents of the estimate, the Contractor shall submit the Contractor’s Application for Payment in the form attached as Appendix A of the Contract Documents. The City shall within thirty (30) days pay to the Contractor the certified amount after deducting therefrom all previous payments and all sums to be kept or retained under the terms of the Agreement.
Progress Payments may be withheld if the Contractor is not in conformance with Section 4-06 RECORD DRAWINGS or Section 8-03 CONTRACTOR'S CONSTRUCTION SCHEDULE AND COST BREAKDOWN
The City shall retain five per cent (5%) of the agreed to estimated value as part security for the fulfillment of the Agreement by the Contractor.
9-04 FINAL PAYMENT
When the work has been completed the Contractor shall submit a final pay request to the ENGINEER, who shall make a final estimate of the total amount of work done, and the amount to be paid under terms of the Agreement. If the City finds the work has been completed according to the Agreement, it shall accept the work, issue a Notice of Completion, and shall pay the entire sum to be due, after deducting previous payments and all amounts to be retained, under the provisions of the Agreement. All prior progress estimates and payments shall be subject to correction in the final estimate and payment. The final payment shall not be due and payable until the expiration of forty (40) days from the date of issuance of a Notice of Completion of the work by the City. It is mutually agreed between the parties to the Agreement that no certificate given or payment made under the Agreement shall be conclusive evidence of performance of the Agreement and no payment shall be construed to be acceptance of any defective work or improper materials.
The Contractor further agrees that the payment of the final amount due under the Agreement shall release the City, the ENGINEER, and each of the City's officers, employees, and agents from any and all claims or liability arising out of the Agreement.
9-05 CITY'S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKE APPLICATION THEREOF
In addition to the amount which the City may retain under the above section on progress payments, the City may withhold ten percent (10%) or a sufficient amount(s) from any payment otherwise due to the Contractor as determined by the ENGINEER's judgment as may be necessary to cover:
The City may apply such withheld amount or amounts to the payment of such claims in its discretion. In so doing, the City shall be deemed the agent of the Contractor and any payments so made by the City shall be considered as a payment made under the Agreement by the City to the Contractor, and the City shall not be liable to the Contractor for such payment made in good faith. Such payments may be made without prior judicial determination of the claim or claims. The City will render to the Contractor a proper account of such funds disbursed in behalf of the Contractor.
END OF PART 2, GENERAL PROVISIONS
9-01 MEASUREMENT OF QUANTITIES
Payment for all work bid at a price per unit of measurement will be based upon the actual quantities of work as measured upon completion. The City does not expressly or by implication agree that the actual amount of work or materials of any class will correspond to the estimated quantities given in the proposal.
The CONTRACTOR shall make no claim nor receive any compensation for anticipated profits, or loss of profit, for damages, or for any extra payment whatever because of any difference between the amount of work actually done or materials furnished and the estimated amount.
Items bid on a “Lump Sum” basis shall result in a complete structure, operating plant or system in satisfactory working condition in respect to the functional purposes for the installation, and no extra compensation will be allowed for anything omitted but fairly implied.
9-02 PAYMENT FOR CHANGES IN THE WORK
Changes, additions, or deductions to the work shall be in a written change order approved by the ENGINEER. The change order shall specify:
When alterations in quantities of work for which unit prices are shown in the proposal are ordered and performed, the adjustment in the contract amount shall be determined on the basis of such unit prices for the actual quantities of work done.
Adjustments, if any, in the amount to be paid the Contractor by reason of any other modifications of the work as set forth in a contract change order, shall be determined by one or more of the following methods as elected by the ENGINEER:
Lump Sum Price – By an acceptable lump sum proposal from the Contractor.
Unit Prices – By unit prices fixed by agreement between the City and the Contractor.
Force Account – By ordering the Contractor to proceed with the work and to keep and present in such form as the ENGINEER may direct, a correct account of the cost of the change, together with all vouchers therefor. The Contractor will be paid for labor, materials, and equipment rental actually used on the change order work, in accordance with Section 9-1.04 Force Account of the State of California Department of Transportation Standard Specifications dated 2018.
The method of payment agreed upon or, in the absence of agreement, selected by the ENGINEER shall be set forth in the change order.
9-03 PROGRESS PAYMENTS
The Contractor shall, on or before the thirtieth (30th) day of each calendar month after actual construction work is started, except in case of the final estimate, prepare a written estimate to be submitted to the ENGINEER of the value of the total amount of the work completed by the Contractor. Payment of materials and equipment on site, but not in place, or stored is subject to written approval of the ENGINEER at each pay estimate. In estimating value of work performed, the ENGINEER may take into consideration, along with other facts and conditions deemed by the ENGINEER to be proper, materials furnished and stored at the site of the work and the ratio of the difficulty or cost of the work done to the probable difficulty or cost of the work remaining to be done.
The ENGINEER compares the City’s records to the Contractors written estimate. When the ENGINEER and the Contractor agree on the contents of the estimate, the Contractor shall submit the Contractor’s Application for Payment in the form attached as Appendix A of the Contract Documents. The City shall within thirty (30) days pay to the Contractor the certified amount after deducting therefrom all previous payments and all sums to be kept or retained under the terms of the Agreement.
Progress Payments may be withheld if the Contractor is not in conformance with Section 4-06 RECORD DRAWINGS or Section 8-03 CONTRACTOR'S CONSTRUCTION SCHEDULE AND COST BREAKDOWN
The City shall retain five per cent (5%) of the agreed to estimated value as part security for the fulfillment of the Agreement by the Contractor.
9-04 FINAL PAYMENT
When the work has been completed the Contractor shall submit a final pay request to the ENGINEER, who shall make a final estimate of the total amount of work done, and the amount to be paid under terms of the Agreement. If the City finds the work has been completed according to the Agreement, it shall accept the work, issue a Notice of Completion, and shall pay the entire sum to be due, after deducting previous payments and all amounts to be retained, under the provisions of the Agreement. All prior progress estimates and payments shall be subject to correction in the final estimate and payment. The final payment shall not be due and payable until the expiration of forty (40) days from the date of issuance of a Notice of Completion of the work by the City. It is mutually agreed between the parties to the Agreement that no certificate given or payment made under the Agreement shall be conclusive evidence of performance of the Agreement and no payment shall be construed to be acceptance of any defective work or improper materials.
The Contractor further agrees that the payment of the final amount due under the Agreement shall release the City, the ENGINEER, and each of the City's officers, employees, and agents from any and all claims or liability arising out of the Agreement.
9-05 CITY'S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKE APPLICATION THEREOF
In addition to the amount which the City may retain under the above section on progress payments, the City may withhold ten percent (10%) or a sufficient amount(s) from any payment otherwise due to the Contractor as determined by the ENGINEER's judgment as may be necessary to cover:
The City may apply such withheld amount or amounts to the payment of such claims in its discretion. In so doing, the City shall be deemed the agent of the Contractor and any payments so made by the City shall be considered as a payment made under the Agreement by the City to the Contractor, and the City shall not be liable to the Contractor for such payment made in good faith. Such payments may be made without prior judicial determination of the claim or claims. The City will render to the Contractor a proper account of such funds disbursed in behalf of the Contractor.
END OF GENERAL PROVISIONS
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
As required by Section 4100-4107 of the California Public Contract Code, the General Contractor bidding will hereinafter state the subcontractor for each particular trade or subdivision of the work, and will state the firm name and principal location of the mill, shop or office of each.
Please download the below documents, complete, and upload.
Please make a selection.
In conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire:
Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation?
In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board.
Note: The above Statement and Questionnaire are part of the Proposal. Submitting this Proposal shall also constitute acknowledgement of this Statement and Questionnaire.
Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
I have read the Summary of Insurance Requirements and confirm that I will comply with and agree to be bound by these requirements.
Please provide cash, Bidder's Bond, Cashier's Check, or Certified Check in the amount equal to at least ten percent (10%) of the Total Bid Amount shown on the Bid Schedule, payable to the CITY OF AMERICAN CANYON.
The bidder deposits the above-named security as a proposal guarantee, and agrees that it shall be forfeited to the City as liquidated damages in case this proposal is accepted by the City and the undersigned fails to execute a contract with the City as specified in the CONTRACT DOCUMENTS, or fails to furnish required payment and performance bonds, or insurance certificates as specified in the CONTRACT DOCUMENTS. In addition, should the City be required to engage the services of an attorney in connection with the enforcement of this Contract Proposal, Bidder promises to pay the City's reasonable attorney's fees incurred, with or without suit.
Please download the below documents, complete, and upload.
I have read the City of American Canyon Standard Agreement for Construction and confirm that I will comply with and agree to be bound by these requirements.
The successful Contractor shall provide the faithful performance bond after the construction contract award.
The successful Contractor shall provide the payment for labor and materials bond after the construction contract award.
example: $150,000
Example: Class A
Please select all that apply.
default is 2M
default 1 Million
default 2 Million
Contractor shall provide the following Surety bonds:
Example: thirty (30)
example: 30
Q (Performance and Payment Bonds ): The contractor's questionaire has sections for the performance and payment bonds to be uploaded. Please confirm that is required after project has been awarded.
A: These two sections have been updated; they are not required to be submitted with the bid. The performance and payment bonds are to be submitted by the successful contractor after the contract award.
Q (Performance and Payment Bonds): Are faithful performance and payment bonds required to be submitted with the bid? On OpenGov site is shows it as a required bid submittal but those are typically provided by the awarded contractor.
A: These two sections have been updated; they are not required to be submitted with the bid. The performance and payment bonds are to be submitted by the successful contractor after the contract award.
Q (Fire Pump): Is the fire pump UL/FM rated?
A: Fire pump shall be UL/FM rated
Q (Contractor Self-Perform): The specifications state that the general contractor bidding the project shall perform at least 50% of the work with its own forces, can that be reduced and/or eliminated? If potentially reduced, possibly down to 30%.
A: City policy is that 50% work to be performed by GC. No exception.
Q (No subject): Would you entertain a change to the pump station design, if it proves to be more cost-effective, and reduces construction time? Thank you.
A: Redesign of the pump station will not be allowed.
Q (Painting / Coatings Work Scope): 1. Will CMU Retaining Walls require Sealer per Section 04 22 00, 2.08? 2. What is to be coated inside the Pump Building other than exposed piping? Section 09 90 00 – Coating Systems, does not have a schedule for coating to floors, CMU walls, and exposed wood ceiling surfaces. 3. What is the coating system for Exterior Exposed Wood surfaces at the Pump Building? 4. Will there be any Anti-Graffiti Coatings?
A: 1. Yes. CMU retaining wall require sealer. 2. Coating will be required per the following: 2a. Concrete floor: Chemical-resistant epoxy coating. 2b. CMU walls: Cementitious mortar or epoxy sealer. 2c. Exposed wood ceiling surfaces: Dunn Edwards for interior application similar to Item 3. 3. Coating for exterior wood surfaces: Dunn Edwards EZ-Prime Premium Primer and ENDURA-COAT finish coat. 4. Anti-graffiti coating is not required.
Q (Insurance Requirements ): Per the specification language, it appears that forms other than CG 20 10 11 85 may be acceptable, and if not available, CG 20 10 and CG 20 37 are permitted (no specific edition dates noted). Our policy includes CG 20 10 07 04 and CG 20 37 07 04. Please confirm if these forms and edition dates are acceptable.
A: Yes, they are acceptable.
Q (Required Permits / Costs of Permits): Please confirm the required permits in relation to the pumping plant and equipment that the contractor will be required to pay for including but not limited to any fire department pump or piping permits and any building permits. Please provide the anticipated costs, if required.
A: Permit fees are posted on the City website. Please follow the link: https://portal.laserfiche.com/Portal/DocView.aspx?id=422216&repo=r-f53bdda4
Q (Fire Sprinkler System Requirement - Pumping Plant): Please confirm the pumping plant does not require a fire sprinkler system.
A: Superseded by Question #15.
Q (Drawing Sheets 42 - 50): What is the intent of drawing sheets 42 thru 50? Is there work on these pages we should account for? Note 1 indicates the drawings are just for reference however notes 2 and 3 indicate potholing and verification is to be completed ahead of work. There also appears to be red lined instructions to install 3ea pressure reducing vault assemblies (PSVs) which aligns with line item 27 on the bid schedule. Note, however, that in the line item description, line item 27 is for the “As-Built Redlines” and there is no reference to the 3ea PSV assemblies in these bid item descriptions.
A: Sheets 42-49 is related to the pump station. It shows where the pressure reducing valves should be installed in the existing zone 1, and existing valves that's needed to be closed. It also shows the location where the high zone water system (zone 5) crosses the low zone water system (zone 1). From there, the existing zone 1 will be converted to zone 5.
Q (Manual Swing Gates): Drawing GP-1 indicates 2 “automatic rolling gates with battery backup,” however, civil plans and fence details indicate 2 swing gates. There does not appear to be electrical infrastructure for motorized gates. Please confirm drawing GP-1 is incorrect and gates are to be manual swing gates.
A: The swing gate east of the pump building is automatic as well as the rolling gate west of the building.
Q (Bacteria Testing): On sheet C-3 of the plans, it states that bacteria testing is required on the existing 18" water mains prior to operation of the pump station. Is that the contractor's responsibility and if so, what will be required? Do the existing lines need to be flushed and disinfected? What is the length of the pipelines?
A: The existing 18" water mains, approximately 1,000 LF +/- will require bacteria testing. Testing will be the responsibility of the contractor in conformance with city standards, under the supervision of the inspector and water department. Existing main will need to be flushed and disinfected.
Q (Lower Existing Water Line): On sheet GP1 of the plans, it states to lower the existing 8" waterline and provide 3.5-feet of cover. Is the existing waterline to be removed after installation of new lowered waterline?
A: To lower the existing 8" waterline, existing line should be removed and replaced with a new lowered waterline. The removed waterline line materials should be returned to water department.
Q (Required Permits / Costs of Permits): Pre-bid question No. 8 asked to confirm the required permits that the contractor should anticipate to obtain. A response was not provided, please provide a list of the required permits in relation to the pumping plant and equipment that the contractor will be required to obtain. If no list can be provided, a potential recommendation would be to create an allowance for permitting as requirements vary between cities and fire departments.
A: 1. Encroachment Permit (unless waived by City) 2. Recycled Water Use Permit (no fee) 3. Groundwater Discharge Permit (only if groundwater is encountered. No fee) 4. BAAQMD Permit to Construct and Operate (check BAAQMD website for cost) 5. Electrical Permit (unless waived by City). 6. Refer to City web link for specific permit cost.
Q (Pre-bid Question No. 9 - Drawings & Specifications): Pre-bid question No. 9 indicates a fire sprinkler system is required inside the pumping plant. Please provide drawings and specifications to include the requirement including but not limited to, routing of an underground fire water service, valving, and points of connection, routing of above ground system and material/coating specs. Please confirm which bid item this work should be included under?
A: Fire Sprinkler are not required for this project.
Q (Access Gates Automation - Electrical Drawings Update): Pre-bid question No. 11 indicates both access gates require automation. Please update electrical drawings to include both gates. Please also provide a specification and/or drawings for the gate operator including access control requirements and/or required loops.
A: Both access gates to be manually operated. GP-1 shall be modified to remove the requirement pertaining to automatic gates with battery backup.
Q (Lowering of the Existing 18" Water Line - Approx. LF): Pre-bid question No. 13 indicates to lower the existing 18” water line. Please indicate or provide the approx. LF of existing pipe that is required to be lowered.
A: Elevation and alignment of existing utilities are based on record drawings, therefore, approximate LF of existing pipe that is required to be lowered cannot be provided. Contractor to pothole prior to construction.
Q (3 PSV Vaults - Bid Item Descriptions Update Needed): Pre-bid question No. 10 indicates that the contractor is required to install the 3 PSV vaults as shown on reference drawings. Please update the bid item descriptions to include this which currently does not align with the bid item schedule.
A: The required PSV is line item 27 of the bid schedule.
Q (No subject): Will the relocation of the existing PG&E light service meter pedistal be included in this project
A: Relocation of existing PG&E light service meter pedestal is part of this project.
Q (No subject): Will the relocation of the exisitng light pole be included in this project?
A: Relocation of the existing light pole is part of this project.
Q (Generator Fuel Fill / Venting Out of the Building): It is noted that for the generator there is no information on how fuel fill or venting out of the building. Almost all bay area applications require external fuel fill stations with monitoring. Please confirm if this is required including routing, valving, electrical, and pipe specifications.
A: Requirement for exterior wall fuel port is only applicable to indoor fuel tanks that are not engine-mounted tanks per NFPA 37. Additionally, fuel vent requirements are listed on sheet C6, requiring fuel vent lines to vent through the roof, adhering to NFPA 30.
Q (Generator - Required Room Air Flows - Intake / Discharge): In relation to the generator, please verify the design team has confirmed the required room air flows for intake and discharge and that louvers etc. have been sized appropriately.
A: The generator room intake and exhaust louvers have been appropriately sized and account for combustion/cooling air and radiator exhaust requirements.
Q (Approximate LF of 8" Pipe): The response to pre bid question No. 17 indicates the engineer cannot provide an approx. LF of 8” pipe to be lowered. For basis of a fair bid, please provide the LF number that each contractor should assume in their bid. If a number cannot be provided for the lump sum bid, either provide a per LF unit of measure bid item to lower the existing 8” pipeline or else confirm the work will be paid for under change order after contractor potholes on site.
A: The work related to lowering of the existing 8" line will be paid under change order after contractor potholes on site.
Q (No subject): Is the RTU or PLC enclosure and control equipment included in this scope
A: PLC Enclosure and control equipment are included in this scope.
Q (No subject): Are the PG&E primary service conductors and tie in included in this project?
A: PG&E primary service conductors and tie-in are part of this project.
Q (PG&E service): Will we use sheet 53 JT4 or sheet 55 PE1 for PG&E primary service conduit routing and scope
A: Use Sheet PE1 for PG&E primary service conduit routing and scope.
Q (Generator Requirements - Additional Clarification Needed): Please provide additional clarification on the requirements for the generator. In review of Spec. section 26 32 13 and drawings concerning the generator set, the generator set is shown on the drawings as an indoor application or open unit. The specification has it listed as an outdoor unit with weather protective enclosure, sub-base tank, etc. These documents do not match up to the application. Please provide clarification of what is required, including a bill of materials on an EPA Tier IV engine generator to meet BAAQMD air criteria.
A: The generator is located within an enclosed building, so an open unit is acceptable and as otherwise specified. Contract drawings provide the performance specification requirements for the generator. Bill of materials to be provided by contractor during submittal review demonstrating adherence to the performance specifications.
Q (Loading Steps for the Fire Pump and Motors): Generator spec. asks for generator supplier to verify emergency loads. The supplier will need design engineer to list the loading steps for the fire pump and motors with the associated starting methods for us to provide this function. Please advise.
A: Specification 26 32 13 paragraph 2.03 describes the generator performance requirements and in conjunction with the plans loading is described, please review the contract documents for clarifications.
Q (No subject): Will the new 8" flow switch be required to tie into any control systems, including conduit and wiring for this project?
A: Yes, the flow meter will require power and signal conduit for tie-in to the City’s SCADA PLC.
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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