HomeMy WebLinkAbout _ 4.11(d)--Award BN No. 5398 Council Chambers & City Hall Roof Replacement Project GI �" Y � F
� � � ° � � � " � � CITY OF REDDING
REPORT TO THE CITY COUNCIL
MEETING DATE: October 2, 2023 FROM: Chuck Aukland,Public
ITEM NO. 4.11(d) Works Director
***APPROVED BY***
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ukl�n�l,H'ciblic Wc�aks L'��reGt ' 9(?t�/2423 ry ip}�in,�C"i ana � 9,i2�/7423
caulcland@ci.redding.ca.us btippin@cityofredding.org
SUBJECT: 4.11(d)--Award Bid Negotiation No. 5398 (Job Order No. 5424) Council
Chambers & City Hall Roof Replacement Project
Recommendation
Authorize the following actions relative to Bid Negotiation No. 5398 (Job No. 5424), Council
Chambers and City Hall Roof Replacement Project:
(1) Award to Harbert Roofing Inc., in the amount of$246,174;
(2) Approve an additional $25,000 to cover the cost of administration and inspection fees;
(3) Approve $15,000 for project development costs;
(4) Approve $25,000 to provide construction contingency funding;
(5) Authorize the City Manager to approve additional increases in either the construction
management or construction contingency amounts up to a total of$15,000;
(6) Approve the project design plans, specifications and special provisions; and
(7) Find that the Project is categorically exempt from review under the California
Environmental Quality Act,pursuant to Section 15301 - Existing Facilities.
Fiscal Impact
The Council Chambers and City Hall Roof Replacement Project (Project) is being funded by the
General Fund as we11 as some American Rescue P1an Act (ARPA) funds — approximately
$20,000-25,000. This expendit�ure was approved in the 2023-25 Biennial Budget and funding the
project will not impact other activities or projects.
Cost Summar�
Item Estimated
Pro'ect Develo ment Costs $15,000
Construction Contract-3- Contin enc $271,174
Contract Administration, Tns ection, Testin $25,000
Additional Cit Mana er Authorit $15,000
Total Pro'ect Costs $326,174
Report to Redding City Council September25,2023
Re: 4.11(d)--Award BN No. 5398 Council Chambers& City Ha11 Roof Replacement ProjectPage 2
Project cost components are estimates and some shifting of the project development,
construction management, and construction contingency funds may be necessary to balance the
project within the approved budget.
Alternative Action
City Council may choose not to award the bid for the project and provide staff with alternate
direction. If the project is not awarded, then the Council Chambers and City Halls roof will have
continued maintenance since the existing roof has reached the end of its usefullife.
Background/Analysis
The main portion of the City Hall roof was replaced in 2019, however, there was a small section
that did not get completed along with the Council Chambers roof. This project will replace
approximately 5,500 square feet of existing membrane roof with a new PVC membrane roofing
system. In general, the project improvements wi11 include removing the existing membrane and
installing insulation and new PVC membrane on the roof as well as up the inside face of the
parapet walls.
Attached is a tabulation of bids received and opened on September 7, 2023, for construction of
the project. The low bid in the amount of$246,174 was received from Harbert Roofing Inc., of
Redding, California. The engineer's estimate was $200,000. Total project development costs for
this project are estimated to be $15,000. Project development costs include engineering,
surveying, environmental, consultant services, construction management, and permit fees.
EnviNonmental Review
Staff has determined that the project is categorically exempt from environmental review under
California Environmental Quality Act G�uidelines, pursuant to Sections 15301 - Existing
Facilities. Class 1 exemptions include the operation, repair, maintenance, or minor alteration of
existing public facilities. The project involves the removal and replacement of existing roof on
City Hall and the City Council Chambers. This is maintenance activity with no proposed
expansion of the buildings or their existing use. The project area has no underlying val�ue for
sensitive resources and the project has no potential to have a significant effect on the
environment.
Council Priority/City Manager Goals
This agenda item is a routine operational item.
Attachments
^Location Map
^Bid Tabulation
^Notice of Exemption
Plans
Specifications and Special Provisions
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BID TABULATION FOR:
Council Chambers &City Hall Roof Replacement Project
Bid Schedule No. 5398
ENGINEER'S EST Barth Roofin Com an Inc Harbert Roofin Inc
9/5/2023 UNIT UNIT UNIT
ITEM DESCRIPTION UNIT QTY PRICE TOTAL PRICE TOTAL PRICE TOTAL
1 Water Pollution Control �S 1 $2,500.00 $2,500.00 $0.00 $0.00 $2,500.00 $2,500.00
2 Parapet Cap and Flashing �S 1 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $40,738.00 $40,738.00
3 Fanfold Underlayment SF 5500 $3.00 $16,500.00 $55,000.00 $302,��O,�UfJ.O� ' $2.82 $15,510.00
4 Walkway Pad LF 157 $45.00 $7,065.00 $9,000.00 $�,413,�60.{�0 $35.00 $5,495.00
5 Membrane Roof System LS 1 $125,000.00 $125,000.00 $171,000.00 $171,000.00 $181,931.00 $181,931.00
TOTAL -CONTRACT ITEMS $161,065.00 $304,�94,000.�0 $246,174.00
Shaded areas indicate corrections made in accordance with the special provisions.
Shaded areas indicate corrections made in accordance with the Special Provisions. Page 1 of 1
NQTICE QF EXEMPTIUN
To: a Office ofPlanning�nd Research Fxolvt: City af Redding
1400 Tenth Street,Roam 121 Public Works Department
Sacramento, CA 95814 777 Cypress Avenue
Redd'zng,CA 96t�01
� Shasta County Clerk
County of Shasta
P.C}.Box 990880, 1643 Market Street
Redding,CA 96099-Q88Q
Praject TatleB Council Cllarnbers and City Hail Roof Replacement Froiect
Praject Lacation—S�ecific: 777 Cvpress Avenue
Froject Location—City. Reddin� Praject Lacation—Caunty: Shasta
Descriptian of Proaect. The City of Reddin�proposes to r�place the existin� roof an Ciiy Hall and on tlie Council
Chambers due to a�e and deterioration. Work Includes removin� and reinstallin}� aIl parapet cap and flashin� caulking,
removin�the existing;standing seam metal roof installin�a Versico Roofin,g Systerns Versiflex PVC Metnbrane�•oofing
system and disposin�of excess materials. AIl wark will occur on Cii�p�ertv
Name of Public Agency Approving Praject< Czty of Reddin;�
Name afPerson or Agency Carrying OutProjeet; Corri Vandivar, Praject En�ineer
Exempt Statusc (check ane)
❑ Ministerial [Section 21080(b}(1); 15268]
❑ Declared Emergency[Sectian 210$0(b)(3); 15269(a}]
❑ Ernergency Pro�ect[Section 2108d(b){4}; 15269(b)]
❑ Statutory Exernptions. State cade number:
❑ Comtncsn Sense Exemption(This praject does not fall within an exempt class,but it can be seen with certainty that there is
no passibility that the activiry may have a significant effect on th�environrnent(14 CCR 15061[b][3]},
0 Categorical Exemption. State type and section number: Sectian 15301.Existing Facilities
� No exceptions apply that would bar the use of a categarical exernption(PRD 21084 and 14 CCR 15300.2).
Reasons why pra,�ect is exempt: Class 1 exernptions include the operatzon, repair,maintenance or minor alteration af
existin�public facilities The proiect involves the remaval and replacement of the existin�roof on Citv Hall and the City
Council Chambers.This is a maintenance activity with no proposed ex�ansion of the buildin�s or their existing use The
�roject area has no underlyin�value for sensitive resources and the project has no potential ta have a si�nificant effect on
the environment.
Lead Agency Contact Person:Arnber Ka11ey Telephane: 53Q.225.4046
If Filed by Applicant:
1, Attach certrfied document of exemption finding.
2. Has a notice of exemptian been filed by the public agency appraving the praject? o Yes ❑No
Signature: ,�� <� �,- Date: � ��� �'
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Title. Environmental Campliance M na�
�Signed by Lead Agency Date received for filing at OPR:
❑ Signed by Applicant
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ORIGINAL SCALE:
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BUILDING MAINTENANCE
CITY ENGWEER DATE PLANS DATE: JU�Y 2023
SHEET 1 OF 5
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ABBREVIATIONS z
� AT GENERAL NOTES � o
ncc n�� coo�F�i� coNUF�Nso� �. A�� coNSTRucTioN sHA�� coNFORM To THE cuRRENT ciTY oF RE��iN� SUMMARY OF QUANTITIES Q
ANT ANTENNA �
CCO CONiRACT CHANGE oRDER CC�NSTRUCTION STANDARDS (CORCS), THE STANDARD SPECIFICATIONS FOR ITEM QUANTITY UNIT �
PUBLIC WORKS CONSTRUCTIC�N, DATED �021 (GREENBOC�K), AND THE zo-- z
� CF�NTFHL_iNE CONTRACT SPECIFICATIONS AS THEY PERTAIN TO THE WORK DEPICTED HEREIN. WATER Po��UrioN CONrRo� � �S � Q
CL CLEARANCE CORCS AS APPLIES TO THIS PROJECT SHALL BE THE CURRENT VERSION AS PARAPET CAP AND F�FlSNING 1 LS a ����������� �
CI.H CI.�AK POSTED ON THE CITY OF REDDING WEBSITE, �
CONT CONTINUOUS htt�/ cit ofred_dinq,or��departi��e_i�ts/publi_c—works e_n�ineenngfc�nstruction,stan�ards FANFOLD UNUEF2IAYMENI 5500 SF �
CONTR CONTRACTOR AT THE TIME C�F BID OPENING. MEMQRANE ROOF SYSTEM 1 LS �
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CONST� CONST�HUCT�ION z
2 THE CONTRACT(�R SHALL BE SOLELY ANL� COMPLETELY RESPONSBLE FC�R WALKWAY PAD 157 LF > � o 0
COORD COORDINATE �' > �
FURNISHING, INSTALLING AND MAINTAINING ALL WARNING SIGNS AND DEVICES o m�; �
CORCs CiTY oF R�DDING NECESSARY T(� SAFEGUARD THE EMPLOYEES, GENERAL PUBLIC AND THE � Q z� "
CONSTRUCTION STANDARDS � � Q' �
CU COND�NSiNG UNi1�� WORK, AND TO PROVIDE FOR THE PROPER AND CONTINUOUS SAFE ROUTING � �, �w �
OF VEHICLE AND PEDESTRIAN TRAFFIC DURING THE PERFC�RMANCE OF THE
(E) EXISTiNG WORK. THIS REQUIREMENT SHALL APPLY CONTINUOUSLY AND NOT BE LIMITED
- „EEk *
E ELECTRiC TC� WORKING HOURS. THE USE OF BARRICADES AND CONSTRUCTION SIGNING ��������� �������������������������� �"�� �
EA EACH SHALL CC�MPLY WITH THE CALIFC�RNIA MANUAL (�N UNIFORM TRAFFIC CONTROL _ °
E� ExHausT FaN �EvicEs (cA—MUTc�). _ _
EL ELEVATION 3. ALL DIMENSIONS AND CONTRACT ITEM UNITS ARE APPR(�XIMATE. CONTRACTOR ��������
ESH EI.FV�TOF2 SH�F�I��� H00� s'�3a '� ��
SHALL FIELD MEASURE PRIOR TO ORDERING ALL MATERIALS.
FT FooT, FEET
HB HC�SE BIB 4. CC�NTRACT(�R SHALL REMC�VE ALL PARAPET WALL CAP, FLASHING, CAULKING, � �
NO�tI� NO�tI�ONnI_ ANL� STORE IN A SAFE LOCATION. CAP AND FLASHING SHALL BE REINSTALLED z
�PCU �EAT PUMP CONDENSING AND CAULKED TO WATERPROOF AFTER MEMBRANE ROOFING SYSTEM IS � } z
uNIT INSTALLED. o
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l_S l_UMN SUM 5. CC�NTRACTOR SHALL SWEEP CLEAN ALL DEBRIS FR(�M THE EXISTING ROOF ,,�', Q ��
AREA AND DISPOSE. ALL EXISTING AREA DRAINS AND ROOF DRAINS SHALL BE � � �
MAX MAXIMUM PROTECTED FR(�M DEBRIS ENTERING DURING CONSTRUCTION.
MIN MINIMUM z
MISC MISCF:I_I.ANF.�OUS 6. CC�NTRACT(�R SHALL INSTALL MEMBRANE ROOFING SYSTEM WITH HOT AIR W
MRS MEMBRANE ROOF SYSTEM WELDED SEAMS. �
NTS NOT TO SCALE �
OC ON CF�N�[���F2 7. ORIGINAL PLANS FOR THE REDDING CITY HALL CAN BE FOUND ON THE CITY � �
P�P PROTECT IN �IsaCE OF REDDING WEBSITE Q
PTR PIPE THROUGH RC�OF http:��epayments.ci.redding.ca.us�rdm�nlin��rdmsearch.aspx SEARCH "CIVIC � �.
PVC POl_YVINYI... CHl_OI�IUt.
CENTER". PLANS ARE "A-1782�" Tc� "A-18096" � Q
RD ROOF DRAIN g. "GR(�SS" SF HAS ADDITIC�NAL SF AR(�UND PERIMETER FC�R PARAPET WALLS � �
REC RECEPTICA� AND TIE INT(� (E) FLASHING AND CAP.
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ST� STEEL 9. SEE SHEET 5 FC�R TYPICAL DETAILS C�F EXISTING FLASHING, R(�C�F DRAINS, � �
S4 S4UARE AND PARAPET CAP. H
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TYP TYPICA� 10. THE EXISTING ROOF HAS A TAPERED FC�AM SYSTEM BETWEEN THE EXISTING �
U7I� UTIUTY CONCRETE DECK AND THE R(�OF MEMBRANE SO VARIOUS SIZE ANCH(�RS WILL m
BE REQUIRED T(� ACHIEVE PROPER ANCHORING T(� THE DECK.
V"F_'R�I�� V"F_'K�IICA�
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LEGEND
1) AC SHALI.. RFMAIN OPFRATING AT AI..L � LL � �
TIMES. (N) WALKWAY PAD (TYP) (,� � � �
2) CONSTRUCT 1 IGID �OAM (OIZ APPROVED � (E) RD (TYP) '� �
EQUAL) CKICK�TS AS SHOWN TO V �
PRovi�E PosiTivE ��Ai�vAGE To rHF o (E� vENT PiPE �TYP� � Q "
R00� DRAIN S . "�
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AREA �F �'��F T� � z
BE REPLACED o
A-32881
X X Y X X REPLACE STANDING SEAM METAL ROOFING oRiciNa� scn�E:
ns N�c�:ssn�Y ��ro Mni��: wnrF� ��ri�N��r REDUCED
NOT TO SCALE
PLANS oATE: ���Y z°z3
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MEMBRANE ROOFlNG SYS-�-���- ` � �-�-�. � � FUt1Y ADHERG Gw VERT,SURFACE a
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MTL FIASHING FULLY ADHERE � --EXi'ERIOR('iW.SHEATHING � W�
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SPECIFICATIONS
For
COUNCIL CHAMBERS AND CITY HALL ROOF REP�ACEMENT PROJECT
(Job No. 5424)
BID NEGOTIATION NO. 5398
Prepared by:
City of Redding
Public Works Department
Engineering Division
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08/01/2023
Chuck Aukland, City Engineer Date
FOR INFORMATION CONCERNING THIS PROJECT, CONTACT:
Corri Vandiver, 530-245-7120, cvandiver@cityofredding.org
PROPOSAL DOCUMENTS (BOUND SEPARATELY)
ENGINEER'S ESTIMATE........................................................................................................ P1
PUB�IC CONTRACT CODES SECTIONS 10162 & 10232..................................................... P2
PUB�IC CONTRACT CODES SECTION 10285.1................................................................... P3
NONCOLLUSION AFFIDAVIT ................................................................................................ P4
LIST OF SUBCONTRACTORS............................................................................................... P5
SIGNATURE PAGE................................................................................................................. P6
BIDDER'S BOND .................................................................................................................... P7
SPECIA� PROVISIONS
NOTICE INVITING BIDS ...........................................................................................................4
INSTRUCTIONS TO BIDDERS ................................................................................................. 6
PUB�IC WORK AGREEMENT.................................................................................................10
PUB�IC WORKS PAYMENT (�ABOR AND MATERIA�S) BOND ..........................................12
PUB�IC WORKS PERFORMANCE BOND..............................................................................13
PUB�IC WORKS MAINTENANCE BOND ...............................................................................14
SUPP�EMENTA� DISPOSAL SITE AGREEMENT .................................................................15
SUBCONTRACTING REQUEST..............................................................................................17
TEMPORARY WASTEWATER DISCHARGE APP�ICATION .................................................19
REFERENCE DOCUMENTS....................................................................................................21
PROJECT INTRODUCTION AND SPECIAL REQUIREMENTS...............................................22
SCOPEOF THE WORK........................................................................................................22
TIMEOF COMP�ETION .......................................................................................................22
MISCELLANEOUS REQUIREMENTS..................................................................................22
PrebidConference...........................................................................................................22
Preconstruction Conference...........................................................................................22
Watering ...........................................................................................................................22
Surface Mining and Reclamation Act .............................................................................23
Contract Provision Requiring Personal Certification of all Claims..............................23
Construction Area Signs.................................................................................................24
Sound Control Requirements .........................................................................................24
As-Built/Record Documents............................................................................................24
ContractItem List ............................................................................................................25
PART 1 GENERAL PROVISIONS............................................................................................27
SECTION 1 GENERAL.........................................................................................................27
SECTION 2 SCOPE OF WORK............................................................................................30
SECTION 3 CONTROL OF THE WORK...............................................................................33
2
SECTION 4 CONTRO� OF MATERIA�S .............................................................................37
SECTION 5 LEGAL RE�ATIONS & RESPONSIBILITIES....................................................38
SECTION 6 PROSECUTION AND PROGRESS...................................................................46
SECTION 7 MEASUREMENT AND PAYMENT....................................................................46
Drawings......................................................................................................A-32878 to A-32882
3
NOTICE INVITING BIDS
COUNCIL CHAMBERS AND CITY HALL ROOF REP�ACEMENT PROJECT
(Job No. 5424)
BID NOGOTIATION NO. 5398
In accordance with the Municipal Code of the City of Redding, sealed bids will be received at the
office of the City Clerk, 777 Cypress Avenue, Redding, CA 96001, until 3 p.m., September 7, 2023
at which time they will be publicly opened and read for the performing of the work as follows:
Replace approximately 5,500 square feet of existing membrane roof with a new PVC
membrane roofing system. The work includes but is not limited to the following: preparing the
existing roof by removing the existing membrane roof and installing VersiFlex (or equal) PVC
membrane roof system and continuing the PVC roof system vertically on the inside face of
parapet walls.
The Engineer's Estimate is $200,000. There are 20 working days.
The Contractor shall possess a valid Class A or G39 license at the time bid is opened.
No contractor or subcontractor may be listed on a bid proposal for this project unless registered
with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. Failure to
register prior to bid opening shall cause the bid to be deemed nonresponsive and no exception
will be allowed including the renewal exception allowed in Labor Code Section 1725.5(c).
No contractor or subcontractor may work on a public works project unless registered with the
Department of Industrial Relations pursuant to Labor Code Section 1725.5.
This project is subject to compliance monitoring and enforcement by the Department of Industrial
Relations.
A prebid conference is scheduled between staff and interested bidders at 9:00 a.m. on August
11, 2023, interested contractors shall meet in the lobby of City Hall. A field trip over/through the
proposed site will be conducted following a short project discussion.
Each bid shall be made in accordance with the specifications and proposal requirements thereof
and no bid will be received unless it is made on a proposal form furnished by the City Engineer.
Each bid must be accompanied by cash, certified or cashier's check, or original bidder's bond
made payable to the City of Redding for an amount equal to at least ten percent (10%)of the total
amount of the bid as a guarantee that the Contractor will execute the contract in conformance
with his proposal and the specifications. Such Guarantee shall be forfeited should the bidder to
whom the contract is awarded fail to enter into the contract.
The City of Redding hereby notifies all bidders that it will affirmatively insure that in any contract
entered into pursuant to this advertisement, all businesses will be afforded full opportunity to
submit bids in response to this invitation and will not be discriminated against on the grounds of
race, color, national origin, gender, disability, or other protected class in consideration for an
award.
The State of California general prevailing wage rate shall be the current prevailing wage for each
craft, classification, or type of workman needed to execute the contract as determined by the
Director of the California Department of Industrial Relations, pursuant to California Labor Code
4
Part 7, Chapter 1, Sections 1770, 1773, and 1773.1. Copies of the current prevailing wage rates
are available on their internet web site at:
www.dir.ca.gov/DLSR/PWD
Copies of referenced Standard Specifications for Public Works Construction, commonly called
the "Greenbook," 2021 Edition containing the General Provisions and Standard Technical
Specifications may be obtained from Buiiding News, Inc., 990 Park Center Drive, Suite E, Vista
CA 92081 (888) 264-2665.
Plans, specifications, proposal, contract forms, and addenda may be obtained at
www.cityafreddin .q Qrq/pwbids at no charge. Supporting documents as required (i.e.
environmental permits, geotechnical reports, record drawings, etc.) will also be posted on this
site. Supporting and informational documents are for informational purposes only and for the
convenience of the Bidders and are not considered a part of the Contract.
City bid documents are provided electronically and free of charge. It is the responsibility of each
prospective bidder to verify the completeness of their printed bid documents before submitting
their bid and accompanying executed addenda acknowledgement forms. Users are cautioned
that City of Redding does not assume any liability or responsibility based on any defective or
incomplete copying, excerpting, scanning, faxing, downloading, or printing of the contract
documents.
The contract documents shall supersede any information posted or transmitted by
www.cityofredding.or�/pwbids.
Be advised that the information contained on .eit�afreddinq.org/pwbids may change and
without notice to prospective bidders. It is the responsibility of each prospective bidder to check
the City's website www.cityofredding.arqfpwbids on a daily basis through the close of bids for any
applicable addenda or updates. Notifications updates, bidder inquiries, or addenda will not be
provided via email or any other method.
For general information please contact the City of Redding Public Works — Engineering office at
530-225-4170. For technical questions please contact Corri Vandiver at 530-245-7120,
cvandiver@cityofredding.org. Bids must be submitted on City supplied forms. No bid will be
accepted from a contractor who is not licensed in accordance with the provisions of California
Business and Professions Code Sections 7000 et seq. and regulations adopted by the
Contractors' State Licensing Board, as amended. The envelope enclosing the proposal shall
have stated thereon, "Council Chambers and City Hall Roof Replacement Project, (Bid
Negotiation No. 5398)."
The City Council of the City of Redding reserves the right to accept or reject any and/or all bids
and to make that award which is in the best interest of the City.
CHUCK AUKLAND, CITY ENGINEER
Publishing Dates:
August 7, 2023
5
INSTRUCTIONS TO BIDDERS
A. Introduction
Each proposal shall be made in accordance with the specifications and contract documents
prepared by the City of Redding, Public Works Department, Engineering Division, 777 Cypress
Avenue, Redding, CA 96001.
B. Bidder's Understanding
The Bidder shall examine carefully the site of the proposed work and the Contract Documents
therefor. The submission of a proposal shall be conclusive evidence that the Bidder has
investigated and is satisfied as to the conditions to be encountered, as to the character, quality
and quantities of work to be perFormed and materials to be furnished, and as to the requirements
of the contract documents.
C. Preparation and Submission of Proposals
Proposals shall be submitted on the forms provided by the City Engineer and must be signed by
the Bidder or his authorized representative. When signing the proposal, please set forth whether
the entity/individual is a corporation, a partnership, a joint venture, a sole proprietorship, etc. The
name of the person signing the documents, as well as their authorized capacity, must be typed
or printed below the signature. Any corrections to entries made on proposal forms shall be
initialed by the person signing the proposal.
Bidders must quote on all items appearing on the Proposal form, unless specific directions allow
for partial bids. Failure to quote an item means that the item will be provided at no cost. The
bidder shall legibly enter unit or lump sum price in figures, for all items required on the Proposal.
When bids on all items are not required, Bidders shall insert the words "NO BID" where
appropriate. In case of discrepancy, between unit prices and totals, unit prices will prevail. Failure
to legibly quote on items may disqualify the bid. Alternate bids will not be considered unless
specifically called for in the proposal form.
Telegraphic and facsimile proposals will not be considered.
In order to insure consideration, the proposal shall be enclosed in a sealed envelope clearly
marked PROPOSAL, including the name of the job, and the opening date and filed with the City
Clerk, City of Redding, 777 Cypress Avenue, Redding, CA 96001, before the time set forth in the
Notice Inviting Bids. Proposals received after the time indicated will be returned unopened
whether or not bids are opened exactly at the time fixed in the Notice Inviting Bids.
D. Proposal Guaranty
All Bids shall be accompanied by cash, certified check, cashier's check, or bidder's bond executed
by a lawfully authorized surety company, made payable to the City of Redding.
The Proposal Guaranty must be enclosed in the same envelope with the proposal. The amount
of the Proposal Guaranty shall not be less than 10 percent of the total amount of the Proposal
unless otherwise noted in the Notice Inviting Bids. The Proposal will not be considered unless
one of the forms of Proposal Guaranty is enclosed with it. Bidder's Bond shall be dated.
6
A Bidder's Bond will be accepted only if it is an original made out on either the Bidder's bond form
enclosed in these documents or on a form which conforms to it. Bidder's Bond shall be signed
by Bidder and by Surety. Surety's signature shall be notarized and the proof of notary and the
power of attorney shall also be original and attached to the original bond at the time the bid is
opened. Copies will not be accepted in satisfaction of these requirements.
E. Public Works Contractor Registration Program
All contractors and subcontractors who bid or work on a public works project must register with
the Department of Industrial Relations (DIR) at:
http://www.dir.ca.qov/Public-WorkslPublicWorks.html
The City will not accept a bid with, enter into a contract with, or allow work on a project from an
unregistered contractor. Failure of a prime contractor to register prior to bid opening shall cause
the bid to be deemed nonresponsive by the City and no exception will be allowed including the
renewal exception allowed in Labor Code Section 1725.5(c).
An inadvertent error in listing a subcontractor who is not registered pursuant to Labor Code
Section 1725.5 in a bid proposal will be allowed, provided that within 24 hours after the bid
opening, the subcontractor is registered and has paid the penalty registration fee specified in
subparagraph (E) of paragraph (2) of subdivision (a) of Labor Code Section 1725.5.
F. List of Subcontractors
Each bidder shall submit with his Proposal a list of subcontractors in conformance with Section
3-3, "Subcontractors," of the Standard Specifications. Public Contract Code Section 4104
requires contractors to list subcontractor license numbers at time of bid. Failure to list the license
number shall cause the bid to be deemed nonresponsive.
Subcontractor may be listed on more than one Prime Contractor bid.
G. Addenda and Explanations to Bidders
Any explanation regarding the meaning or interpretation of plans, specifications, or other Contract
Document shall be requested in writing, with sufficient allowance of time for receipt of reply before
the time set for opening of proposals. Any such explanations or interpretations will be made in
the form of Addenda to the documents and will be furnished to all listed planholders. Bidders
shall acknowledge receipt via email at canstructionbid�citYofreddinq.org of all Addenda posted
on www.cityofreddin�.arqf,pwbids prior to bid opening. Failure to acknowledge receipt of all
Addenda via email shall cause the bid to be nonresponsive and may be rejected. Oral
explanations and interpretations shall not be binding.
All bidder inquiries must be received 7 calendar days prior to the bid opening.
7
H. Correction of Withdrawal of Proposals
Bid proposal packets shall be submitted to the City Clerk's office prior to the closing date and time
indicated in the Notice Inviting Bids. Bid proposal packets shaii not be considered as officially
submitted until the Clerk's office has stamped and accepted the proposals. Once bid proposal
packets are officially received, the packets shall not be returned to the bidder and any changes
or corrections to the bid proposal shall only be allowed as follows:
1. Request for Correction to Bid Proposal
Any changes or corrections to the bid proposal shall be made in writing, shall clearly define
the nature of the changes, and shall be hand delivered to the City Clerk's office in person
prior to the official closing time for submitting proposals. The written changes or
corrections shall be submitted in a sealed envelope which has the bidders name and bid
schedule number clearly marked on the outside. The envelope shall also clearly indicate
on the front that it contains a correction to the original bid.
The Clerk's office shall stamp the new envelope as"Received" and sign and date the front
of the envelope. The bidder (or the bidder's representative) and the office staff person
shall both sign, date, and print their names over the seal of both the original bid proposal
packet and the new envelope containing the corrected documents as evidence that the
two envelopes where not opened. In the presence of the bidder (or the bidder's
representative), the office staff person shall staple the new envelope to the original bid
proposal packet.
At the bid opening, the person supervising the bid opening shall open and publicly
announce the contents of both the original bid proposal packet and the new envelope with
the corrections. The material in both envelopes shall be treated as one document and the
correction document shall take precedence in determining the corrected bid amount. The
Clerk's office shall maintain both documents in the bid file along with both sides of the
envelopment.
2. Request for Withdrawal of Bid Prior to Bid Opening
Requests for withdrawal of bids shall be made either in person or in writing. No telephonic
requests, FAX transmittals, or emails shall be considered for the withdrawal of a bid.
If the request is made in person,the requesting party and the office staff person processing
the request shall both sign their names and write the date over the seal on the bid proposal
envelope as evidence that it was not opened. The office staff person shall then write on
the front of the bid proposal envelope "Bid requested to be withdrawn on [date] by[printed
name of requesting party]." The office staff person and the requesting party shall then
sign, date and print their names on the front of the bid proposal envelope. A copy of the
front and back of the bid envelope shall be kept in the bid file.
If the request is made in writing, the office staff person shall sign his/her name and write
the date over the seal of the bid proposal envelope. The office staff person shall then
write on the front of the bid proposal envelope "Bid requested to be withdrawn by letter
from [name] dated [date]." The office staff person shall then sign, date, and print his/her
name on the front of the bid proposal envelope and shall staple a copy of the letter
8
requesting the bid withdrawal to the bid proposal envelope. The original letter and a copy
of the front and back of the signed bid envelope shall be kept in the bid file.
At the bid opening, the bid proposal packet will NOT be opened. The bid proposal packet
and a copy of the letter requesting withdrawal, if any, shall be returned unopened to the
bidder in the same manner as bid securities are returned to unsuccessful bidders.
l. B/D OPEN/NG
At the time and place fixed for opening of Proposals, the contents of all proposals will be read
publicly. All bidders and other interested parties are invited to be present in person or by
representatives.
J. PLANS AND SPECIFICATIONS
Upon request, the Contractor will be provided five (5) sets of plans (11 x 17) and specifications at
the Preconstruction Conference. Additional sets will be available from the Engineer at the
Contractor's expense.
9
G I T Y C� F �---'
<<�
,-�-
PUBLIC WORK AGREEMENT
� A L I F fl l� t'�J .. �; A'=:
THIS AGREEMENT, made and entered into in duplicate, on the date below written, by
and between the CITY OF REDDING, State of California, a Municipal Corporation and General
Law, City through its City Council, hereinafter referred to as City, and
Contractor
Address
City
hereinafter referred to as Contractor.
WITNESSETH, that, for the considerations hereinafter mentioned, the City and the
Contractor agree as follows:
The Contractor agrees, at his own expense, to furnish all labor, materials, tools and
equipment, and to perform all the work required to construct and complete in good and
workmanlike manner, in strict accordance with the Contract Documents, and to the satisfaction of
the City, those improvements entitled:
Project Title
Bid Schedule No. #
Job No. #
The Contract Documents herein referred to consist of the following document:
Notice Inviting Bids General Provisions
Instructions to Bidders Special Provisions
Proposal Addendum
Bidder's Bond Contract Drawings
Agreement Public Liability Insurance
Payment Bond Fire Insurance
Performance Bond' Workers' Compensation Insurance
It is expressly agreed between the parties hereto that should there be any conflict between
the terms of this instrument, or any of the other Contract Documents, and the bid or proposal of
the Contractor, then this instrument, together with the other Contract Documents, shall control
and nothing therein shall be considered as an acceptance of the terms of said bid or proposal of
said Contractor.
The City shall make payments on the account of the Contract as specified in the General
Provisions.
Except as provided in Section 12940 et seq. of the Government Code, Contractor shall
not discriminate against any person because of his/her race, religious creed, color, national origin,
ancestry, physical disability, mental disability, medical condition, genetic information, marital
status, sexual orientation, domestic partners, sex gender identify, gender expression, age or other
protected class nor refuse to hire or employ the person or to refuse to select the person for a
training program leading to employment, or to discriminate against the person in compensation
or in terms, conditions or privileges of employment. The Contractor shall insert in all subcontracts
for any work covered by this [agreement/contract] this nondiscrimination provisions.
The City agrees to pay the Contractor for the performance of the contract, subject to
additions and deductions provided therein, the foilowing prices, and the Contractor agrees to
receive and accept said following prices as full compensation for furnishing all materials and for
doing all the work contemplated and embraced in this agreement, and for all loss or damage
arising out of the nature of the aforesaid work or from the action of the elements and from any
unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of
the work until its acceptance by the City, and for all risks of every description connected with the
work, and for all expenses incurred by or in consequence of the suspension or discontinuance of
the work and for well and faithfully completing the work and the whole thereof in the manner and
according to the Contract Documents and the requirements of the City Engineer, to wit:
The Contractor shall commence work within the time period set forth in the General
Provisions and shall diligently prosecute the same to completion within (_) working
days from the date of the commencement of work.
IN WITNESS WHEREOF, the parties to these presents have hereto set our hands and
seals this_day of , 2023.
APPROVED AS TO FORM: CITY OF REDDING
By: By:
City Attorney Mayor
Name of Contractor
ATTEST: Type of Entity
By:
City Clerk Taxpayer ldentification
By:
"Name" as Filed with IRS
By:
Contractor
By:
(Seal)
BOND NO.:
C � TY (� F -
F--
f
=��
PUB�IC WORKS PAYMENT (�ABOR AND MATERIA�S) BOND
C A L f F C1 R �1 � �
.>.�
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, athe City Council of the City fo Redding, a Municipal Corporation, in the State of California as Owner,
has on , conditionally awarded to as Principal, a Contract to do and perform the following work
to-wit:
as will more full appear in said Contract, the terms and conditions of said contract being fully incorporatred herein by this
reference; and
WHEREASE, under the terms of the Contract and pursuant to Chapter 5 of Title 3 of Part 6 of Division 4 of the California
Civil Code (commencing with Civil Code 9550), Principal is required to furnish a good and sufficient payment bond to secure
payment of the claims to which reference is made in Civil Code Section 9554;
NOW, THEREFORE, we, the Principal and , a corporation duly authorized and admitted to
transact business and issue surety bonds in the State of California, hereinafter call Surety, are held and firmly bound unto the
Owner, and unto all persons or entities entitled to assert a claim against a payment bond under any of the aforesaid Civil Code
provisions in the penal sum of Dollars ($ ) lawful
money of the United States of America, for the payment whereof, well and truly to be made, we bind ourselves, our heirs,
executors, administrators, successors and assigns,jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLICATION IS SUCH, that if said Principal, his or its heirs, executors, administrators,
successors or assigns, or subcontractors, shall fail to pay for any materials or equipment furnished or used in perFormance of
the Contract, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with
respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board
or the Employment Development Department from wages of employees of the Contractor and ail subcontractors with respect
to such work or labor,then the Surety shall pay the same in an amount not to exceed the sum specified above. If suit is brought
upon this bond, Surety shall pay, in addition to the above sum, all costs, expenses and fees, including attorney's fees,
reasonably incurred by any party in successfully enforcing the obligation secured hereby, all to be taxed as costs and included
in any judgment rendered. Should the condition of this bond be fully performed,then this obligation shall become null and void,
otherwise it shall be and remain in full force and effect, and shall bind Contractor, Surety,their heirs, executors, administrators,
successors and assigns,jointly and severally.
It is hereby stipulated and agreed that this bond shall insure to the benefit of all persons, companies, corporations, political
subdivisions, State agencies and other entities entitled to assert a claim against a payment bond under any of the aforesaid
Civil Code provisions, so as to give a right of action to them or their assigns in any suit brought upon this bond. The Surety,
for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the
Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its
obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition. Furthermore,
and for valuable considerations, Surety hereby waives the provisions of California Civil Code Sections 2819, 2845, and 2849.
IN WITNESS WHEREOF, we have hereto set our hands and seals on this day of ,
APPROVED AS TO FORM:
Principal
City Attorney By:
ATTEST: (Seal)
Pamela Mize, City Clerk Name of Surety
By: (Seal)
Attorney-In-Fact
12
Bond No.:
CITY QF .,�--
PUB�IC WORKS PERFORMANCE BOND
� A L I F 4 R trt��F' A,'
KNOW ALL MEN BY THESE PRESENTS
THAT WHEREAS, the City Council of City of Redding, a Municipal corporation, as Owner, at its regular meeting held
on , has awarded to as Principal, a contract to do and perForm the following work to-wit:
as wiil more fully appear in said contract, the terms and conditions of said contract being fully incorporated herein by this
reference.
WHEREAS, said Principal is required under terms of said contract to furnish a bond for the faithful performance of said
contract;
NOW, THEREFORE, we, the Principal and as Surety, are held and firmly bound unto the
Owner in the sum of ($ } lawful money of the United States of America, for the payment
whereof, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns,jointly
and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, his or its heirs, executors, administrators,
successors or assigns, or subcontractors, shall in all things stand to and abide by, and well truly keep and perform the
covenants, conditions, and agreements in the said contract and any alteration thereof as there provided, on his or their part,
to be kept and performed at the time and in the manner therein specified and in all respects according to their true intent
and meaning and shall indemnify and save harmless the Owner, its officers, and agents as therein stipulated then this
obligation shall become null and void; otherwise it shall be and remain in full force and virtue.
As the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition
to the terms of the contract or the work to be performed thereunder or the specifications accompanying the same shall in
any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration
or addition to the terms of the contract or to the work or to the specifications.
If said Owner shall require any further or other bond for its protection in the premises, such further or other bond shall
be furnished by the Principal with Surety or Sureties satisfactory to the Owner within ten days after notice of such
requirement is given to the Principal, and in case of failure on the part of the Principal to comply with said requirement, the
Owner shall have the right, at its option, to terminate said contract with said Principal.
IN WITNESS WHEREOF, we have hereto set our hands and seals on this_day of ,
APPROVED AS TO FORM:
Principal
City Attorney By:
ATTEST: (Seal)
Pamela Mize, City Clerk Name of Surety
By: (Seal)
Attorney-I n-Fact
13
C � T � c� F -
Bond No.:
; �-
PUB�IC WORKS MAINTENANCE BOND
C A L i F C} R f�8 l ,�k ,
�
KNOW ALL MEN BY THESE PRESENTS
THAT WE, the undersigned, as Principal, and
a corporation organized and existing under the laws of the State of California, and authorized to do business in
the State of California, as Surety, are held and firmly bound unto the CITY OF REDDING, hereinafter called
Obligee, in the sum of ( )
Dollars, lawful money of the United States of America, for the payment of which well and truly to be made, we
do hereby jointly and severally bind ourselves, our heirs executors, administrators, successors, and assigns
firmly by these presents.
WHEREAS, said Principal has heretofore entered into a contract with the Obligee above named for
, and
WHEREAS, the work called for under said contract has been completed and accepted by said Obligee:
NOW, THEREFIREM THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal shall, for a
period of one year(s)from and after the day of , , \indemnify the Obligee against any
loss or damage directly arising by reason of any defect in the material or workmanship which may be discovered
within the period aforesaid, then this obligation shall be void; otherwise the same shall remain in full force and
effect.
IN WITNESS WHEREOF, we have hereto set our hands and seals on this_day of ,
APPROVED AS TO FORM:
Principal
City Attorney By:
ATTEST: (Seal)
Pamela Mize, City Clerk Name of Surety
By: (Seal)
Attorney-In-Fact
14
SUPPLEMENTAL DISPOSAL SITE AGREEMENT
Contract B/S No.:
Job No.:
Chuck Aukland
City Engineer
777 Cypress Avenue
Redding, CA 96001
Dear Sir:
In accordance with Section 401, Removal, of the Standard Specifications, the following
agreement for usage of the disposal site for subject contract is submitted, as required prior to
disposal of said materials.
WHEREAS, Contractor has entered into Contract B/S No. with the City of Redding,
hereinafter called "City," for the performance of work on ,
and
WHEREAS, pursuant to the authority of said Contract, ,
Contractor, and , Owner have entered into an
agreement under which Contractor may dispose of materials on Owner's Property.
NOW THEREFORE, pursuant to said Contract B/S No. Contractor and Owner
hereby notify the City that disposal of materials by Contractor on Owner's property located
at will be done pursuant to agreement
between Contractor and Owner and not pursuant to the arrangement between the City
and Owner, dated , and Owner specifically agrees that the City is
hereby released from any and all obligations to Owner under the City's said arrangement
with Owner.
Date Owner
Date Contractor
By:
Authorized Agent
Title
c: City Engineer
Contractor
Property Owner
Resident Engineer
15
CONTRACT PROVISION REQUIRING PERSONAL CERTIFICATION OF ALL CLAIMS:
I, , being the
(must be an officer) of
(General Contractor), declare under penalty of perjury under the laws of the State of California,
and do personally certify and attest that I have thoroughly reviewed the attached claim for
additional compensation and/or extension of time, and know it's contents, and said claim is made
in good faith; the supporting data is truthful and accurate/that the amount requested accurately
reflects the contract adjustment for which the Contractor believes the owner is liable; and, further,
that I am familiar with California Penal Code Section 72, pertaining to false claims, and further
know and understand that submission or certification of a false claim may lead to fines,
imprisonment and/or other severe legal consequences.
Submission of a claim, properly certified, with all required supporting documentation and written
rejection or denial of all or part of the claim by owner, is a condition precedent to any action,
proceeding, litigation, suit, or demand for arbitration by Contractor.
16
SUBCONTRACTING REQUEST
Project:
Contractor Name & Address:
Subcontractors Bid Item %of Bid Item Describe Work When Less Dollar Amount Based on Bid
(Name, Business,Address, Phone) Number(s) Subcontracted than 100%of Work is Amount
Subcontracted
I certify that the Standard Specifications and Special Provisions for labor set forth in the contract apply to the subcontracted work.
Contractor Signature: Date:
This section is to be completed by the Resident Engineer
1. Total of Bid Items $
2. Specialty items previously approved (if applicable,see note in the instructions) $
3. Total (lines 1+2) $
4. Contractor must perform with own forces(lines 1 minus 2)x % $
5. Bid items subcontracted $
6. Balance of work Contractor to perform (line 1 minus 5) $
Approved:
Resident Engineer Date:
17
INSTRUCTIONS FOR COMPLETING SUBCONTRACTING REQUEST FORM
All First-tier subcontractors shall be included on a subcontracting request.
Submit in accordance with Section 1-6 of these Special Provisions. Type or print requested
information. A copy is to be retained by the Contractor. Submit to project's Resident Engineer.
After approval, the original will be returned to the Contractor.
When an entire item is subcontracted, the value to be shown is the Contractor's bid price. When
a portion of an item is subcontracted, describe the portion, and show the percent of bid item and
value.
18
C 1 T Y O F Return completed application to:
f' City of Redding, Public Works
� � ��' �:�� �' Industrial Waste Division
P.O. Box 496071
C A L I F C) R iV I: A ' Redding, CA 96049-6071
;�
530-224-4319 Fax 530-224-6052
TEMPORARY WASTEWATER DISCHARGE APPLICATION
Submit at least two weeks prior to anticipated discharge to the Public Works Industrial Waste Division.
T e or rint clearl , attach additional sheets if necessa .
� Company Name: Site Address: Telephone:
Responsible Party: Mailing Address, City, State, Zip: Telephone:
Contact Person: Mailing Address, City, State, Zip: Telephone:
Cell hone: EmaiL Fax:
Property Owner: Mailing Address, City, State, Zip: Telephone:
Emergency Contact Person: Title: Telephone: After hour phone:
Correspondence to be sent to: ❑ Responsible Party ❑ Contact Person ❑ Property Owner ❑ Other:
Billing to be sent to: ❑ Responsible Party ❑ Contact Person ❑ Property Owner ❑ Other:
B I have read this application and the attached material. The information provided is accurate and complete.
Signature: Printed Name, Title Date
C Nature of discharge: ❑ Groundwater well purge for sampling ❑ Excavation Water❑ Tank Cleaning Water
❑ Other:
Type of Contamination: ❑ Petroleum products ❑ Sediment ❑ Chlorine ❑ Other:
Description of liquid treatment, storage, and disposal activity:
Discharge will be: ❑ Intermittent ❑ Continuous Flow rate: gal/minute ❑ Estimated ❑ Measured
Total Volume: gal ❑ Estimated ❑ Measured Proposed Discharge Dates from: to
Discharge location (submit site layout drawing(s), including discharge and sample points):
Pollutants and concentrations (submit analytical results):
Solid residue disposal method:
Notes:
19
p Site proposing temporary discharge must be connected to the City of Redding sanitary sewer.
Sewer Account No.: Billed to:
Other businesses on account:
List other environmental control permits held by this operation:
EPA ID Number:
Notes:
Office Use Only
Received by: Permit Number: Issue Date: Expiration Date: Manhole WWTP:
Number: ❑ Stillwater
❑ Clear Creek
Permit Fee: Volume Unit Cost: Volume Cost: Connection Fee: Total Cost:
$500 billed by City Discharge: $6.59/CCF Billed at the end
Industrial Waste at (CCF = 748 gallons) of the project
the end of the $8.81/1000 gallons
project. Prices valid through
12/31/23
Notes: Volume cost is waived on water and sewer line projects managed by the City of Redding Public Works Department.
Supplemental Information Required:
� Plumbing Plans � Site Plan � Pretreatment Facilities ❑ Water Meter on Site ❑ City Meter Needed
Analytical Reports Required: ❑ Petroleum Products ❑ Solids ❑ Chlorine Residual ❑ Other
Notes:
Date Requested: Date Received: Approved by: Approval Date:
20
REFERENCE DOCUMENTS
Standard Specifications for Public Works Construction
Standard Specifications for Public Works Construction (SSPWC) the "Greenbook," 2021 Edition
and current supplements as amended, prepared by the Southern California Chapter of American
Public Works Association, and the Southern California District, Associated General Contractors
of California, relates to the Work of this Project and is hereby made a part of this Contract as
though fully contained herein.
The Contractor is hereby specifically directed, as a condition of the Contract, to obtain the
necessary number of copies of Standard Specifications for Public Works Construction,to acquaint
himself with the Articles contained therein, and to notify and apprise all subcontractors and any
other parties to the Contract, or individuals or agencies engaged in the work, as to its contents.
No contractual adjustments shall be due or become critical as a result of failure on the part of the
Contractor to fully acquaint himself with the conditions of Standard Specifications for Public Works
Construction.
Copies of Standard Specifications for Public Works Construction commonly called the
"Greenbook," 2021 Edition and current supplements, may be obtained from Building News, Inc.,
990 Park Center Drive Suite E, Vista, CA (888) 264-2665.
City of Redding Construction Standards
The documents hereinafter referred to as the "City Standards" shall be the current version
posted on the City of Redding website:
https://www.cifiyofreddin .or /departments/public-works/engineering/canstruction-standards
Other Reference Specifications
Where other reference specifications such as those of ASTM, AASHTO, etc., have been referred
to, the applicable portion of such specifications shall become a part of these Contract Documents.
In case of conflict between the Standard Specifications and these special provisions, the special
provisions shall take precedence over and be used in lieu of the conflicting portions.
21
PROJECT INTRODUCTION AND SPECIA� REQUIREMENTS
SCOPE OF THE WORK
The work to be performed under this contract consists of the following:
Replace approximately 5,500 square feet of existing membrane roof with a new PVC
membrane roofing system. The work includes but is not limited to the following: preparing the
existing roof by removing the existing membrane roof and installing VersiFlex (or equal) PVC
membrane roof system and continuing the PVC roof system vertically on the inside face of
parapet walls.
TIME OF COMP�ETION
Attention is directed to Sections 6-1 and 6-3 of the General Provisions, "Construction Schedule
and Commencement of Work" and "Time of Completion." In accordance with the provisions of
these Subsections, the Contractor shall begin work within fifteen (15) days after the date of the
Notice to Proceed thereafter diligently prosecute the same to completion within a period not to
exceed twenty (20) working days. The contract time shall commence on the fifteenth day after
the Notice to Proceed or on the date of commencement of the work, whichever occurs first.
MISCE��ANEOUS REQUIREMENTS
Prebid Conference
A prebid conference is scheduled between staff and interested bidders at 9:00 a.m. on August
11, 2023, interested contractors shall meet in the lobby of City Hall. A field trip over/through the
proposed site will be conducted following a short project discussion.
Preconstruction Conference
A meeting will be scheduled between staff and the successful bidder at a time and place
determined by the Engineer to review the project plans, specifications, and any special
requirements of the funding program.
Watering
Watering shall consist of developing a water supply and furnishing all water required for the work,
including water used in the performance of work paid for as extra work, and applying all water.
Developing a water supply may include obtaining water for contract purposes from fire hydrant(s)
located at or near the work site as determined by the City of Redding Water Division or from
private sources provided by the Contractor at his expense. If he obtains water from a fire hydrant,
the Contractor shall install a hydrant meter and control valve on the fire hydrant designated as
the water source. The Contractor shall obtain the hydrant meter and control valve from the City
of Redding Water Division.
The cost of the hydrant meter and control valve are as follows:
22
$25.00 (nonrefundable; payable when picked up)
$225.00 �refundable deposit for any nonpayment on account and/or repairs to hydrant
meter and control valve; payable when picked up)
$255.65 (monthly charge for 3-inch hydrant meter and control valve; billed monthly)
The cost of water is $1.53/CCF.
In the event that a water truck or tank is filled directly from a fire hydrant, there shall be either an
air gap or a backflow device acceptable to the City Water Division on the filler pipe.
Full compensation for developing a sufficient supply of water required for the work shall be
considered as included in the prices paid for the various contract items of work involving the use
of water and no separate payment will be made therefor.
Full compensation for applying water will be considered as included in the prices paid for the
various contract items requiring water and no separate payment will be made therefor, except
that applying water for work paid for extra work in accordance with Section 7-4, "Payment for
Extra Work," will be paid for as a part of said extra work.
Surface Mining and Reclamation Act
Attention is directed to the Surface Mining and Reclamation Act of 1975, commencing in Public
Resources Code, Mining, and Geology, Section 2710, which establishes regulations pertinent to
surface mining operations.
Material from mining operations furnished for this project shall only come from permitted sites in
compliance with the SurFace Mining and Reclamation Act of 1975, and listed in the California
Department of Conservation's Office of Mine Reclamation 3098 list.
The requirements of this section shall apply to all materials furnished for the project, except that
the Contractor, with the approval of the Engineer, may use in the proposed construction such
stone gravel, sand, or other material suitable in the opinion of the Engineer as may be found in
excavation. The Contractor will be paid for the excavation of those materials at the contract price
for excavation, but the Contractor shall replace at the Contractor's expense with other suitable
material all of that portion of the material so removed and used which was contemplated for use
in the work, except that the Contractor need not replace, at the Contractor's expense, any material
obtained from structure excavation used as structure backfill. No charge for materials so used
will be made against the Contractor. The Contractor shall not excavate or remove any material
from within the project location that is not within the excavation, as indicated by the slope and
grade lines, without written authorization from the Engineer.
Contract Provision Requiring Personal Certification of all Claims
The Contractor's attention is directed to the Contract Provision Requiring Personal Certification
of all Claims found in the Agreement. The Contract Provision Requiring Personal Certification of
all Claims shall be completed and included with any claim for additional compensation and/or
extension of time.
23
Construction Area Signs
Construction area signs shall be furnished, installed, maintained, and removed when no longer
required in conformance with the plans and these speciai provisions. The Contractor shall be
fully and completely responsible for the furnishing, installing, and maintaining all construction area
signing. This requirement shall apply continuously and not be limited to working hours.
The Contractor shall notify the appropriate regional notification center for operators of subsurface
installations at least 2 working days, but not more than 14 calendar days, prior to commencing
excavation for construction area sign posts. The regional notification centers include, but are not
limited to, the following:
Notification Center Telephone Number
Underground Service Alert-Northern California (USA) 811
Excavations required to install construction area signs shall be performed by hand methods
without the use of power equipment, except that power equipment may be used if it is determined
there are no utility facilities in the area of the proposed post holes.
Full compensation for "Construction Area Signs" shall be considered as included in the contract
price paid for in the items involved and no separate payment will be made therefor.
Sound Control Requirements
The noise level from the Contractor's operations, between the hours of 8:00 p.m. and 7:00 a.m.,
shall not exceed 86 dbA at a distance of 50 feet without the written approval of the Engineer. This
requirement in no way relieves the Contractor from responsibility for complying with local
ordinances regulating noise level.
Said noise level requirement shall apply to all equipment on the job or related to the job, including
but not limited to trucks, transit mixers, or transient equipment that may or may not be owned by
the Contractor. The use of loud sound signals shall be avoided in favor of light warnings except
those required by safety laws for the protection of personnel.
Full compensation for conforming to the requirements of this section shall be considered as
included in the prices paid for the various contract items of work involved and no additional
compensation will be allowed therefor.
As-Built/Record Documents
The Contractor shall keep and maintain on the Project Site, one record set of the Contract
Documents, which shall be updated weekly to reflect current as-built conditions of the Work as it
progresses and document changes to the Work shown on the Project Plans.
Record Documents shall be produced by marking a full-size (22"x34") copy of the Project Plans.
The Contractor's as-built information shall be clear and legible, marked in red, and at a minimum
identify the following: the exact horizontal and vertical location of all installations in their finished
condition, including all underground work and components; all electrical, plumbing and
mechanical installations; all changes in construction, materials and installed equipment; and
buried or concealed construction and utility features that are revealed during the course of
24
construction. Special attention shall be given to recording of all buried utilities that differ from
locations indicated in the Contract Documents.
The updated drawings shall be available for review by the Engineer and Inspector. Failure to
comply with the preparation and submission of as-builts may result in the Engineer withholding
the current progress payment, or be subject to administrative deductions as per Section 7-3.2.
Where specified in the Special Provisions or Technical Specifications as a condition to certification
of final completion, the Contractor shall provide the original Record Documents, together with a
certification by the Contractor that the Record Documents are a true representation of the Work
as actually constructed. Timely submission of complete Record Documents shall be a condition
to certification of final completion and to final payment. Delays in the submission of complete
Record Documents may subject the contractor to liquidated damages.
Full compensation for As-Built/Record Documents shall be considered as included in the contract
price paid for the various items of work and no additional compensation will be allowed therefor.
Contract Item List
Water Pollution Control
Attention is directed to Section 3-12.6, "Water Pollution Control," of the special provisions.
Parapet Cap and Flashing
Contractor shall remove all parapet cap and flashing including weather caulking and sealer, store
in a safe place, and re install all parapet cap and flashing back to original location and reseal with
City approved caulking to provide a waterproof application.
The contract lump sum price paid for"Parapet Cap and Flashing" shall include full compensation
for furnishing all materials, labor, tools, equipment, and incidentals and for doing all the work
involved in removing, removal of existing caulking sealer, storing, reinstalling, and sealing parapet
cap and flashing, disposal of excess materials, complete in place, as shown on the plans, as
specified in these special provisions, and as directed by the Engineer.
Fanfold Underlayment
Contractor shall place R-Tech Fanfold Underlayment or approved equal per manufacturer's
directions.
The contract price paid per square foot for"Fanfold Underlayment"shall include full compensation
for furnishing all materials, labor, tools, equipment, and incidentals and for doing all the work
involved in installing fanfold underlayment to manufacturer's directions, furnishing all fasteners
taking into account existing cricket height(s), disposal of excess materials, complete in place, as
shown on the plans, as specified in these special provisions, and as directed by the Engineer.
Membrane Roof System
Contractor shall remove and dispose of existing membrane roofing and furnish and install Versico
Roofing Systems Versiflex PVC Membrane 60 millimeter fully adhered roofing system or City
approved equal. The installation of the new roofing materials shall be per the manufacturer's
25
installation instructions. The Contractor is to proceed with the work only when weather forecasts
are favorable and meet the manufacturer's recommended limitations for installation. The
Contractor is responsible for protecting the building from rain and inclement weather once work
has begun and making repairs as a result of any rain damage. The contractor will need to remove
and replace the existing standing seam metal roof to be able to install the new PVC membrane
far enough up the pitch (approximately two-feet). The metal standing seam roof should be able to
be unhooked from the cleat at the base and be reused. Some pieces may get damaged and will
need to be replaced with matching color and style.
Contractor shall provide the City with a manufacturer's 20-year warranty on all workmanship,
labor, and materials to be free of any defects for the new membrane roof at the completion of the
project.
The contract lump sum price paid for "Membrane Roof System" shall include full compensation
for furnishing all materials, labor, tools, equipment, and incidentals and for doing all the work
involved in removing of existing membrane roofing, disposal of excess materials, installing
membrane roofing system, replacing any damaged pieces of existing standing seam roof,
providing the City with a 20-year manufacturer warranty complete in place, as shown on the plans,
as specified in these special provisions, and as directed by the Engineer.
Cricket
The Contractor shall construct Cricket(s) with rigid foam (or approved equal) to create positive
drainage prior to applying roof system shown on the plans, as specified in these special
provisions, and as directed by the Engineer.
Full compensation for all labor, materials, tools, equipment, and incidentals for doing the work
involved in the construction of Cricket (s) complete in place shall be included in the prices paid
for the other various contract items of work involved and no additional compensation will be
allowed therefor.
Walkway Pad
Contractor shall install Versico Roofing Systems Walkway Pad or approved equal compatible pad
with the membrane roof system per manufacturer's directions on new roofing.
The contract price paid per linear foot for "Walkway Pad" shall include full compensation for
furnishing all materials, labor, tools, equipment, and incidentals and for doing all the work involved
in furnishing and installing walkway pad(s), disposal of excess materials, complete in place, as
shown on the plans, as specified in these special provisions, and as directed by the Engineer.
26
PART 1 GENERA� PROVISIONS
SECTION 1 GENERAL
1-1 General
The following terms are added:
"Wherever in these documents the words "City" or "Agency" appear, it shall be understood to
refer to and indicate the City of Redding, a general law city, existing under and by virtue of the
laws of the State of California.
Written notice shall be deemed to have been duly served if delivered in person to the individual
or to a member of the firm or to an officer of the corporation for whom it is intended or if
delivered at or sent by registered mail to the last business address known to him who gives
the notice."
1-2 Terms and Definitions
Definitions are amended or added as follows:
1. Bid Guaranty—The cash, cashier's check, certified check, or bidder's bond accompanying
the Bid as a guaranty that the Bidder will enter into a contract with the Agency for the
performance of the work.
2. Board, Council, and Agency— The officer or body constituting the awarding authority of
the Agency.
3. City, Contractor, and Engineer- The City, Contractor, and Engineer are those as defined
in the Standard Specifications. They are treated throughout the contract document as if
each were of the singular number and masculine gender.
4. Date of Execution of the Contract — The date on which the Contract is signed by the
Agency's authorized representative.
5. Plans — The drawings, profiles, cross sections, working drawings and supplemental
drawings, or reproductions thereof, approved by the Engineer, which show the location,
character, dimensions, or details of the Work. Plans may either be bound in the same
book as the Specifications or bound in separate sets, and are part of the Contract
Documents regardless of the method of binding.
6. Standard Specifications — Standard Specifications for Public Works Construction
(SSPWC) the "Greenbook,"2021 Edition and current supplements as amended, prepared
by the Southern California Chapter American Public Works Association, and the Southern
California Districts, Associated General Contractors of California.
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1-6 BIDDING AND SUBMISSION OF THE BID
1-6.1 General
Add the following paragraph:
"When an item of work is designated as (S) in the Bid or Proposal, the estimated quantity for
that item of work shall be designated as a "Specialty Item."
1-7 AWARD AND EXECUTION OF THE CONTRACT
1-7.1.1 Acceptance or Rejection of Proposals
The City reserves the right to reject any and all proposals. Without limiting the generality of the
foregoing, any proposal which is incomplete, illegible, or irregular may be rejected; any proposal
having erasures or corrections in the price sheet may be rejected; any proposal in which the unit
price is omitted or in which the unit price is obviously unbalanced may be rejected; any proposal
accompanied by an insufficient or irregular bid security may be rejected.
1-7.1.2 Forfeiture of Proposal Guaranty
If a bidder should, after being awarded the contract, fail to execute the contract and furnish the
necessary bonds, certifications, and insurance in the manner and within the time provided in these
specifications, the bid security shall be forfeited to the City as liquidated damages, and the award
of the contract shall be annulled.
1-7.1.3 Return of Proposal Guaranties
All securities will be returned except that of the successful bidder and that of the next lowest
bidders up to four(4), which the City will hold until the contract documents have been executed
and the required contract bonds and insurance have been submitted by the successful bidders
and accepted by the City or until bids are rejected.
1-7.1.4 Award of Contract
Any contract awarded will be to the lowest responsible bidder who submits a responsive bid. Any
award will be made within 90 days after the opening of the proposals. The period of time specified
above within which the award of contract may be made shall be subject to extension. All bidders
who submitted a bid that was not rejected will be asked to extend their bids.
All bids will be compared on the basis of the Engineer's estimate of the quantities of work to be
done.
1.7.1.5 Execution of Contract
The contract in form and content satisfactory to the City shall be executed by the bidder to whom
the contract is awarded and returned, together with all required bonds, policies, and certificates,
within 10 days, (not including Sundays and legal holidays), after award of the contract. No
proposals shall be considered binding on the City until the contract has been executed by all
parties thereto.
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1-7.1.6 Early Start to Work
The Contractor may start job site activities before receiving notice of Contract approval under the
following conditions;
1. Submit the contract, bonds, and insurance listed in 1-7.1.5, Execution of Contract.
2. Provide a letter to the City with at least 72-hour notice requesting an early start of work.
3. Request and obtain an encroachment permit from the City.
4. Receive written approval from the City Engineer to start work.
5. Perform work at your own risk.
6. If the Contract is approved, work already performed that complies with the Contract is
authorized.
7. If the Contract is not approved, the Contractor shall leave the job site in a neat condition,
restore the site or facility to its former condition or equal. The City will not pay for this
work.
8. The City does not adjust working days for work performed before Contract approval.
9. Ground disturbing/job site activities are still subject to the requirements of the Water
Pollution Control Plan or Storm Water Pollution Prevention Plan.
1-7.2 Contract Bonds
Delete this section in its entirety and add the following:
"Before execution of the Contract by the Agency, the Bidder shall file with the Agency surety
bonds satisfactory to the Agency in the amounts and for the purposes noted below. Bonds
shall be duly executed by a responsible corporate surety, authorized to issue such bonds in
the State of California shall be issued by a surety who is listed in the latest revision of the U.S.
Department of Treasury Circular 570, is authorized to issue bonds in California, and whose
bonding limitation shown in said circular is sufficient to provide bonds in the amount required
by the Contract. The Bidder shall pay all bond premiums, costs, and incidentals.
Each bond shall incorporate, by reference, the Contract and be signed by both the Bidder and
Surety and the signature of the authorized agent of the surety shall be notarized.
The Bidder shall provide two good and sufficient surety bonds. The"Payment Bond" (Material
and Labor Bond) shall be for not less than 100 percent of the contract price, to satisfy claims
of material suppliers and of inechanics and laborers employed by it on the work. The bond
shall be maintained by the Contractor in full force and effect until the Work is accepted by the
Agency, and until all claims for materials and labor are paid, and shall otherwise comply with
the Civil Code.
The "Performance Bond" shall be for 100 percent of the contract price to guarantee faithful
performance of all work, within the time prescribed, in a manner satisfactory to the Agency,
and that all materials and workmanship will be free from original or developed defects. In
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addition, the Performance Bond shall include a one-year Maintenance Bond which shall begin
upon acceptance of the Work. The amount of the Maintenance Bond shall be for 50 percent
of the final contract price. The Maintenance Bond shall be submitted on the form contained
in these specifications or on a form which conforms to it prior to release of final payment (less
retention)for the work.
Should any bond become insufficient, the Contractor shall renew the bond within ten (10)days
after receiving notice from the Agency.
Should any Surety at any time be unsatisfactory to the Agency, notice will be given the
Contractor to that effect. No further payments shall be deemed due or will be made under the
Contract until a new Surety shall qualify and be accepted by the Agency.
Changes in the Work, or extensions of time, made pursuant to the contract, shall in no way
release the Contractor or Surety from their obligations. Notice of such changes or extensions
shall be waived by the Surety."
SECTION 2 SCOPE OF WORK
2-2 PERMITS
Add the following paragraph(s):
"The Contractor and any subcontractor working under the Contractor shall obtain a City
business license prior to doing any work on a job site in the City. It shall be the responsibility
of the Contractor, who is signature to the Contract, to notify their subcontractor(s)to abide to
this requirement. In the event a required business license is not obtained, the City shall give
the Contractor written notice of 10 days to correct the deficiency. In the event the business
license(s) is not obtained, the City shall withhold the estimated cost of the license(s)from the
next payment to the Contractor until the license is obtained. If during the course of
construction, a City business license expires and the Contractor or subcontractor continues
to work, these same provisions will apply."
The Contractor shall obtain all required Building Division permits for the work on this project.
Project plans have been checked and approved by the Building Division and are ready to be
released to the Contractor at time of permitting. Permit fees, development fees, etc., will be
waived for all work associated with this project.
2-4 COOPERATION AND COLLATERAL WORK
Add the following paragraph:
"Any mechanical unit requiring removal to complete the roofing project will be disconnected
and reconnected by the City's HVAC Contractor at the City's expense. If the contractor
determines that any unit needs to be lifted out of the way, that shall be done(lifted and placed
back in original location) at the contractor's expense. The mechanical units may not be
inoperable for more than three (3) business days, and the Contractor shall coordinate the
schedule with the Engineer for approval a minimum of two weeks prior to commencement of
work.
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2-10 DISPUTED WORK
Delete the first paragraph in its entirety and replace with the following:
"In accordance with Public Contract Code Section 9204 the following shall apply to any claim
by Contractor:
"Claim" means a separate demand by a contractor, which inciudes any of the following.
(1) a time extension, including, without limitation, for relief from damages or penalties for
delay assessed by the City, (2) payment by the City of money or damages arising from
work done by, or on behalf of, the contractor pursuant to the contract and payment for
which is not otherwise expressly provided or to which the claimant is not otherwise entitled,
(3) payment of the amount that is disputed by the City.
Upon receipt of a claim sent by registered mail or certified mail with return receipt
requested, the City will conduct a review of the claim and, within a period not to exceed
45 days, will provide a written statement identifying what portion of the claim is disputed
and what portion is undisputed. Upon receipt of a claim, the City and Contractor may, by
mutual agreement, extend the time period provided in this subdivision.
The Contractor shall furnish reasonable documentation to support the claim.
Any payment due on an undisputed portion of the claim shall be processed and made
within 60 days after the City issues its written statement.
If the Contractor disputes the City's written response, or if the City fails to respond to a
claim issued pursuant to this section within the time prescribed, the claimant may demand
in writing an informal conference to meet and confer for settlement of the issues in dispute.
Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt
requested, the City shall schedule a meet and confer conference within 30 days for
settlement of the dispute.
Within 10 business days following the conclusion of the meet and confer conference, if the
claim or any portion of the claim remains in dispute, the City shall provide the claimant a
written statement identifying the portion of the claim that remains in dispute and the portion
that is undisputed. Any payment due on an undisputed portion of the claim shall be
processed and made within 60 days after the City issues its written statement. Any
disputed portion of the claim, as identified by the Contractor in writing, shall be submitted
to nonbinding mediation, with the City and the claimant sharing the associated costs
equally. The City and claimant shall mutually agree to a mediator within 10 business days
after the disputed portion of the claim has been identified in writing. If the parties cannot
agree upon a mediator, each party shall select a mediator and those mediators shall select
a qualified neutral third party to mediate with regard to the disputed portion of the claim.
Each party shall bear the fees and costs charged by its respective mediator in connection
with the selection of the neutral mediator. If inediation is unsuccessful, the parts of the
claim remaining in dispute shall be subject to applicable procedures outside this section.
For purposes of this section, mediation includes any nonbinding process, including, but
not limited to, neutral evaluation or a dispute review board, in which an independent third
party or board assists the parties in dispute resolution through negotiation or by issuance
of an evaluation. Any mediation utilized shall conform to the time frames in this section.
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Unless otherwise agreed to by the City and the Contractor in writing, the mediation
conducted pursuant to this section shall excuse any further obligation under Public
Contractor Code Section 20104.4 to mediate after litigation has been commenced.
This section does not preclude the City from requiring arbitration of disputes under private
arbitration or the Public Works Contract Arbitration Program, if inediation under this
section does not resolve the parties' dispute.
Failure by the City to respond to a claim from a Contractor within the time periods
described in this subdivision or to otherwise meet the time requirements of this section
shall result in the claim being deemed rejected in its entirety. A claim that is denied by
reason of the City's failure to have responded to a claim, or its failure to otherwise meet
the time requirements of this section, shall not constitute an adverse finding with regard
to the merits of the claim or the responsibility or qualifications of the claimant.
Amounts not paid in a timely manner as required by this section shall bear interest at 7
percent per annum.
If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim
against the City because privity of contract does not exist, the Contractor may present to
the City a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor
may request in writing, either on his or her own behalf or on behalf of a lower tier
subcontractor, that the Contractor present a claim for work which was perFormed by the
subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The
subcontractor requesting that the claim be presented to the City shall furnish reasonable
documentation to support the clam. Within 45 days of receipt of this written request, the
Contractor shall notify the subcontractor in writing as to whether the Contractor presented
the claim to the City and, if the original Contractor did not present the claim, provided the
subcontractor with a statement of the reasons for not having done so.
A waiver of the rights granted by this section is void and contrary to public policy, provided,
however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in
writing, mediation and proceed directly to the commencement of a civil action or binding
arbitration, as applicable; and (2)the City may prescribe reasonable change order, claim,
and dispute resolution procedures and requirements in addition to the provisions of this
section, so long as the contractual provisions do not conflict with or otherwise impair the
time frames and procedures set forth in this section."
The second paragraph of Section 2-10 is amended to read:
"Although not to be construed as proceeding under extra work provisions, the Contractor shall
keep records of Disputed Work in accordance with Section 7-4, and shall furnish the records
to the Agency by the close of the next working day following each date that the Disputed Work
is performed. Failure to create and maintain the required records will operate as a waiver of
the Disputed Work claim. Failure to present the records to the Agency in the time required
herein shall operate as a waiver of the Disputed Work claim for each date that the records are
not timely presented."
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SECTION 3 CONTRO� OF THE WORK
3-2 SELF-PERFORMANCE
The first sentence of the first paragraph is amended to read:
"The Contractor shall perform within its own organization, contract work amounting to at least
25 percent of the contract price..."
3-3 SUBCONTRACTORS
The second paragraph is amended to read:
"...before work starts, the Contractor shall submit to the Engineer for approval a
Subcontracting Request form listing the name, business address, contractor license number,
Department of Industrial Relations Public Works Contractor Registration Number, and a
description and value of each portion of Work..."
3-5 INSPECTION
Add the following paragraph:
"The City will not make inspections on weekends, holidays, or outside the normal work hours
of 7 a.m. to 5 p.m. except when agreed to by the Engineer. At the Engineer's direction
compensation may be demanded of the Contractor if overtime inspections are required
(withheld from monies due the Contractor)."
3-8 SUBMITTALS
3-8.4 Supporting Information
Delete Item M and add the following:
m) Data, including, but not limited to, make model, serial number, manufacturer, catalog
sheets, manufacturer's brochures, technical bulletins, and other information necessary to
describe a system, product or item. The City will furnish the Contractor with electronic
spreadsheet forms (Microsoft Excel)to be completed and submitted to the Engineer. This
information is required for motors, instruments, electrical equipment and panels, valves,
and pumps as specified in the technical specifications, shown on the plans, directed by
the Engineer or these Special Provisions.
n) Operations and Maintenance (O&M) manuals shall be furnished as specified in the
technical specifications and these Special Provisions. The Contractor shall furnish an
electronic Adobe Acrobat (pdf) copy of the O&M manual.
o) Training shall be provided as specified in the technical specifications and these special
provisions. Where applicable the Contractor shall provide video training electronically.
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3-10 SURVEY
3-10.1 General
Add the following:
"The Contractor's attention is directed to Section 400-2, Permanent Survey Markers."
3-12 WORK SITE MAINTENANCE
3-12.6 Water Pollution Control
Delete sections 3-12.6.1 through 3-12.6.3 in their entirety and replace with following:
Prior to any construction activity, the Contractor shall prepare, submit, and obtain approval of
a Water Pollution Control Plan (WPCP)that addresses both temporary and permanent erosion
control Best Management Practices (BMPs) for stormwater and non-stormwater discharges
associated with all construction activities. Contractor shall submit the WPCP to the Engineer
within 7 calendar days of the Notice to Proceed date. The Contractor shall maintain copies
of the WPCP at the project site and it shall be available during construction.
The Contractor shall know and fully comply with applicable provisions of all Federal, State,
and local regulations and requirements that govern the Contractor's operations and
stormwater and non-stormwater discharges from both the project site and areas of
disturbance outside the project limits during construction. Approval of the WPCP shall not
relieve the Contractor of any liability for violations of Federal, State, and local regulations and
requirements relating to water pollution.
The WPCP shall address stormwater and non-stormwater discharges from the construction
area and from areas immediately outside the project site which are directly related to
construction activities for this contract including, but not limited to, material borrow areas,
staging areas, storage yards and access roads. The Contractor shall implement, inspect, and
maintain the required water pollution control practices. Installing, inspecting, and maintaining
water pollution control practices in areas outside the right-of-way not specifically arranged and
provided for by the City of Redding for the execution of this contract, will not be paid for.
The Contractor shall be responsible for penalties assessed or levied on the Contractor or the
City of Redding as a result of the Contractor's failure to comply with the provisions in this
section "Water Pollution Control" including, but not limited to, compliance with the applicable
provisions of Federal, State, and local regulations and requirements as set forth therein.
Penalties include payments made or costs incurred due to stop work orders, work suspension,
scheduled days, and/or Contractor delays or in settlement for alleged violations of applicable
laws, regulations, or requirements. Costs incurred could include sums spent instead of
penalties, due to agency or City imposed requirements or to remediate or correct violations,
or damages resulting from stop work orders, work suspension, or scheduled days.
WPCP Preparation and Approval
The WPCP shall be prepared by a Qualified Stormwater Pollution Prevention Plan (SWPPP)
Developer (QSD), a registered Civil Engineer experienced in erosion control, or a certified
professional Erosion and Sediment Control Specialist, unless otherwise approved by the
Engineer. Implementation, monitoring, and maintenance of BMPs shall be by or under the
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supervision of same. The WPCP should be commensurate with the size, timing, duration,
location, and scope of the project. It shall address soil and wind erosion, sediment control,
tracking control, non-stormwater management, waste management, and pollutant/materials
control. The WPCP shall be submitted to the Engineer for review and approval within 7
calendar days of the NTP. The Engineer will be allowed 7 calendar days to review. No ground
disturbing work shall occur until the WPCP has been approved by the Engineer. Upon the
Engineer's approval of the WPCP, the WPCP shall be considered to fulfill the provisions in
this section, "Water Pollution Control," for development and submittal of a Water Pollution
Control Program.
All BMPs shall be designed, installed, maintained, and otherwise managed pursuant to the
provisions set forth in the most recent revision of the California Department of
Transportation (Caltrans) Stormwater Quality Handbook, Construction Site BMP
Manual, or the most recent revision of the California Stormwater Quality Association
(CASQA), California Stormwater PMP Handbook for Construction. The Contractor may
recommend equivalent erosion control applications that provide equal or better performance
for consideration and approval by the Engineer.
The WPCP shall incorporate water pollution control BMPs that are necessary to prevent
erosion and sediment loss on and off the project site for the duration of the project. All
stormwater shall be treated on-site using appropriate BMPs such that runoff leaving the work
site is free of silt, sand, sediment, debris, concrete products, trash, and other materials which
may degrade water quality. Storm runoff from one area shall not be diverted to another runoff
area unless approved by the Engineer. Runoff water may be directed into permanent
stormdrain systems during construction provided that mud and silt is removed from the runoff
before entering the stormdrain system.
WPCP Implementation
If there is a discrepancy between the WPCP and these special provisions, the special
provisions shall supersede. Unless otherwise specified, upon approval of the WPCP, the
Contractor shall be responsible throughout the duration of the project for installing,
constructing, inspecting, maintaining, replacing, removing, and disposing of temporary water
pollution control practices, and installing, constructing, inspecting, maintaining, and replacing
permanent water pollution control practices specified in the WPCP. The duration of work
includes that time period between initial mobilization to the site and acceptance of the work.
All BMPs shall be installed and properly maintained as required by the Caltrans or CASQA
Handbooks prior to any precipitation. If the Contractor or the Engineer identifies a deficiency
in the implementation of the approved WPCP, the deficiency shall be corrected immediately
unless requested by the Contractor and approved by the Engineer in writing, but shall be
corrected prior to the onset of precipitation. Unless otherwise directed by the Engineer, the
Contractor's responsibility for WPCP implementation shall continue throughout temporary
suspensions of work.
The Contractor shall notify the Engineer at least 3 days in advance of non-stormwater
discharge events. The Contractor shall notify the Engineer of the operations causing non-
stormwater discharges and shall obtain approval from the Engineer for non-stormwater
discharges.
Retention of Funds
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Notwithstanding any other remedies authorized by law, the City of Redding may retain money
due the Contractor under the contract, in an amount determined by the City of Redding, up to
and including the entire amount of Penalties proposed, assessed, or levied as a result of the
Contractor's violation of Federal, State, or local law, regulations, or requirements. Funds may
be retained by the City of Redding until final disposition has been made as to the Penalties.
The Contractor shall remain liable for the full amount of Penalties until such time as they are
finally resolved with the entity seeking the Penalties.
When the City or a regulatory agency identifies a failure to comply with Federal, State or local
requirements, the City will retain money due the Contractor, in the amount of 10 percent of
the work done to date or any fine whichever is greater. This amount is in addition to the
retention specified in Section 9-3.2, Partial and Final Payment, of these special provisions,
subject to the following: The City will give the Contractor written notice of the City's intent to
retain funds from partial payments which may become due to the Contractor prior to recording
of the Notice of Completion.
Payment
The contract lump sum price paid for"Water Pollution Control" shall include full compensation
for furnishing all labor, materials, tools, equipment, and incidentals for doing all the work
involved in developing, preparing, obtaining approval of, revising, and implementing the
WPCP. Implementation of the WPCP includes installing, constructing, maintaining, removing,
and disposing of BMPs including non-stormwater and waste management water pollution
control practices as provided for in the approved WPCP and as directed by the Engineer.
No additional payment will be made to correct deficiencies in the approved WPCP. Payments
for"Water Pollution Control" will be made as follows:
A. After the WPCP has been approved by the Engineer, 75 percent of the contract item price
for "Water Pollution Control" or $5,000 whichever is less will be included in the monthly
progress payment.
B. The payment for the balance of the contract item price for"Water Pollution Control"will be
made with the final progress payment.
No additional payment will be made for any BMPs necessary to correct deficiencies in the
approved WPCP.
Water pollution control BMPs for which there is a contract item of work, will be measured and
paid for as that contract item of work.
3-12.6.4 Dewatering
Add the following after the second paragraph:
Temporary Wastewater/Discharge
In the event that the Contractor proposes to discharge any groundwater, runoff, or other
project required dewatering to the City's wastewater collection system, the Contractor will be
required to submit a Temporary Wastewater Discharge Application. The Contractor shall
submit the application to the City Industrial Waste Division a minimum of two weeks prior to
any temporary discharge into the City sanitary sewer system. The Contractor may be
responsible for water sampling prior to discharge if the City determines contamination may
exist.
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At no time shall the Contractor discharge any groundwater, run-off, potable water, or other
non-storm water into the storm drain system, creeks, streams, ditches, or other conveyances
whereby the water could enter such areas without obtaining written approval from the
Regional Water Quality Control Board and the Engineer. Existing discharge permits obtained
by the City of Redding for Water Utility operations shall not be used for this purpose.
The cost for the Temporary Wastewater Discharge Application is as follows:
$500 Filing Fee
$8.81/1,000 gallons (Prices valid through 12/31/2023) Volume Cost
Full compensation for temporary wastewater discharge shall be considered as included in the
prices paid for the various contract items of work involving temporary wastewater discharge
and no separate payment will be made therefor.
3-13 COMP�ETION, ACCEPTANCE, AND WARRANTY
3-13.3 Warranty
Delete the fourth paragraph and add the following:
"The Contractor shall repair or replace to the satisfaction of the Engineer any or all such work
that may prove defective in workmanship or materials within that period, ordinary wear and
tear and unusual abuse or neglect excepted, together with any other work which may be
damaged or displaced in so doing.
In the event of failure to comply with the above mentioned conditions within a reasonable time
after being so notified in writing, the Engineer is authorized to have the defects repaired and
made good at the expense of the Contractor who will pay the costs and charges therefore
immediately upon demand.
The signing of the agreement by the Contractor shall constitute execution of the above
guaranties. A contract maintenance bond shall remain in full effect during the guaranty period
and will not be released until the expiration of such period. Said bond shall be in an amount
equal to 50 percent of the final contract price. The Maintenance Bond shall be submitted on
the form contained in these specifications or on the form which conforms to it prior to release
of final payment (less retention)for the work."
SECTION 4 CONTROL OF MATERIALS
4-1 GENERA�
Add the following sentence to the first paragraph:
"If required by the Engineer, the Contractor shall furnish duplicate invoices to the Engineer on
all material furnished to the job."
Add the following paragraph:
37
"If the Contractor does not remove such condemned work and materials within a reasonable
time, fixed by written notice, the City may remove them and may store the material at the
expense of the Contractor. If the Contractor does not pay for the expense of the removal
within 10 days written notice, the City may sell such material at auction or at private sale, and
may account for the net proceeds thereof, after deducting all the costs and expenses that
should have been borne by the Contractor."
4-1.2 Protection
Add the following after the first sentence of the first paragraph:
"Unless otherwise specifically stated in the special provisions, any existing equipment or
material either to be salvaged or reused in the work shall be restored and protected by the
Contractor and shall remain the property of the Agency. Equipment shall be removed with
care to prevent unnecessary damage."
SECTION 5 LEGA� RE�ATIONS & RESPONSIBILITIES
5-1 �AWS AND REGULATIONS
Add the following after the first paragraphs:
"Contractor shall post job site notices as prescribed by regulation."
Title VI Assurances
During the performance of this Agreement, the Contractor, will ensure that no person is
excluded from participating in, denied the benefits of, or otherwise subjected to discrimination
under any of its projects, activities, or services and business opportunities on the basis of
race, color, national origin, age, sex, or disability as afforded by Title VI of the Civil Rights Act
of 1964 and related statutes, as amended. All persons, regardless of their citizenship status,
are covered under this regulation.
Equal Employment Opportunity Clause
During the perFormance of this contract, the Contractor agrees as follows:
1. The Contractor will not discriminate against any employee or applicant for
employment because of race, religious creed, color, national origin, ancestry,
physical disability, medical disability, medical condition, genetic information,
marital status, sex, gender, gender identity, gender expression, age, or sexual
orientation of such persons. The Contractor will take affirmative action to ensure
that applicants are employed, and that employees are treated during employment,
without regard to their race, color, religion, sex, sexual orientation, domestic
partners, or national origin. Such action shall include, but not be limited to the
following: Employment, upgrading, demotion or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The Contractor
agrees to post in conspicuous spaces, available to employees and applicants for
employment, notices setting forth the provisions of this nondiscrimination clause.
38
2. The Contractor will, in all solicitations or advertisement solicitations or
advertisements for employees placed by or on behalf of the Contractor, state that
all qualified applicants will receive consideration for employment without regard to
race, color, religion, sex, sexual orientation, domestic partners, or national origin.
3. The Contractor will send to each labor union or representative of workers with
which he has a collective bargaining agreement or other contract or understanding,
a notice advising the said labor union or workers' representatives of the
Contractor's commitments under this section, and shall post copies of the notice
in conspicuous places available to employees and applicants for employment.
4. The Contractor will comply with all provisions of Executive Order NO. 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the
Secretary of �abor.
5. The Contractor will furnish all information and reports required by Executive Order
No. 11246 of September 24, 1965, and by rules, regulations, and orders of the
Secretary of �abor, or pursuant thereto, and will permit access to his books,
records, and accounts by the administering agency and the Secretary of Labor for
purposes of investigation to ascertain compliance with such rules, regulations, and
orders.
6. In the event of the Contractor's noncompliance with the nondiscrimination clauses
of this contract or with any rules, regulations, or orders, this contract may be
canceled, terminated, or suspended in whole or in part, and the Contractor may be
declared ineligible for further City contracts or federally assisted construction
contracts in accordance with procedures authorized in Executive Order No. 11246
September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or
as otherwise provided by law.
7. The Contractor will include the portion of the sentence immediately preceding
paragraph (1)and the provisions of paragraphs(1)through(7)in every subcontract
or purchase order unless exempted by rules, regulations, or orders of the
Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246
of September 24, 1965, so that such provisions will be binding upon each
subcontractor or vendor. The Contractor will take such action with respect to any
subcontract or purchase order as the administering agency may direct as a means
of enforcing such provisions, including sanctions for noncompliance; provided,
however, that in the event the Contractor becomes involved in, or is threatened
with litigation with a subcontractor or vendor as a result of such direction by the
administering agency, the Contractor may request the City to enter into such
litigation to protect the interests of the City."
5-3 LABOR
5-3.2 Prevailing Wage
Add the following paragraphs:
"All contractors and subcontractors shall furnish electronic certified payroll records directly to
the Labor Commissioner (aka Division of Labor Standards Enforcement).
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The Contractor and its agents shall comply with Sections 1771, 1774-1776, 1777.5, 1813, and
1815 of the Labor Code.
Attention is directed to Section 1735 of the Labor Code, which reads as follows:
A contractor shall not discriminate in the employment of persons upon public works on
any basis listed in subdivision (a) of Section 12940 of the Government Code, as those
bases are defined in Sections 12926 and 12926.1 of the Government Code, except as
otherwise provided in Section 12940 of the Government Code. Every contractor for public
works who violates this section is subject to all the penalties imposed for a violation of this
chapter."
5-3.3 Payroll Records
Add the following paragraph:
"When submitting certified payroll, eliminate the social security number. Should the City
request certified payrolls with social security numbers, hard copies shall be provided.
Disclaimer:
Electronic submission of information is offered for convenience of the submitting party. When
submitting any information electronically, the submitting party agrees and accepts full
responsibility for such submission(s), including, but not limited to, any subsequent disclosure
by the City, intentional, or otherwise. The City accepts no responsibility or liability for any
information submitted electronically."
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5-3.5 Apprentices
Add the following after the first paragraph:
"The provisions in Section 1777.5 and Section 1777.6 of the California Labor Code concerning
the employment of apprentices shall be complied with by the Contractor or any subcontractor
under him.
The responsibility for compliance with this section for all apprenticeship occupations shall rest
solely with the prime Contractor.
Compliance with California Labor Code Section 1777.5 requires all public works contractors
and subcontractors to:
Submit contract award information to the applicable joint apprenticeship committee which
shall include an estimate of journeyman hours to be perFormed under the contract, the
number of apprentices to be employed, and the approximate dates the apprentices will be
employed.
Employ apprentices on the public work in a ratio to journeymen of no less than one hour
of apprentices work for every five hours of labor performed by a journeyman.
Pay the apprentice rate on public works projects only to those apprentices who are
registered, as defined in Labor Code Section 3077.
Contribute to the training fund in the amount indicated in the PWR publication for
journeymen and apprentices. Contractors who choose not to contribute to the local
training trust fund must make their contributions to the California Apprenticeship Council,
P. O. Box 420604.
Information relative to apprenticeship standards, wages schedules, and other
requirements may be obtained from the Director of Industrial Relations, ex officio the
Administrator of Apprenticeship, San Francisco, California, or from Sacramento of Division
of Apprenticeship Standards, Telephone (916) 263-2877."
5-4 INSURANCE
Delete Sections 5-4.1 through 5-4.4 in its entirety and replace with following:
"Liability Insurance and Auto Insurance
The Contractor shall procure and maintain for the duration of the contract insurance against
claims for injuries to persons or damages to property which may arise from or in connection
with the performance of the work hereunder by the Contractor, its agents, representatives,
employees or subcontractors.
The Contractor shall furnish the Agency a policy or certificate evidencing liability insurance
with original endorsements effecting coverage required by this subsection. The
endorsements are to be signed by a person authorized by the insurer to bind coverage on its
behalf. All endorsements are to be received and approved by the Agency before work
commences.
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Notwithstanding any inconsistent statement in the policy or any subsequent endorsement
attached thereto, the Agency shall be the insured or named as an additional insured covering
the work, whether liability is attributable to the Contractor or the Agency. Except as provided
for in Subsection 6-5, the Agency, its officers, officials, employees, and agents are to be
covered as insured for general liability and automobile liability, as respects: liability arising out
of activities performed by or on behalf of the Contractor; with limits of liability indicated below
and including coverage no less than the following:
1 Premises and operations.
2 Products and completed operations. Completed Operations �iability shall
be kept in force for one year after the date of final acceptance by the City.
3 Contractual liability insuring the obligations assumed by the Contractor in
this contract.
4 Broad form property damage (including completed operations).
5 Fire legal liability, Explosion, Collapse and Underground Nazards.
6 Personal Injury Liability.
7 Independent Contractors.
The coverage shall provide the following minimum scope and limits:
1. Insurance Services Office Commercial General �iability coverage (occurrence form
CG 001) in the amount of$1,000,000 per occurrence for bodily injury, personal injury,
and property damage.
2. Insurance Services Office Automobile Liability Code 1 (any auto) (form CA 0001, Ed
1/87), in the amount of$1,000,000 per accident for bodily injury and property damage.
3. Course of Construction Insurance providing coverage for all `Yisks" of loss in the
amount of the completed project value.
Insurance is to be placed with insurers with current A.M. Best's rating of not less than A-: VII.
Any deductibles or self-insured retentions must be declared to and approved by the Agency.
At the option of the Agency, either: the insurer shall reduce or eliminate such deductibles or
self-insured retentions as respects the Agency, its officers, officials, employees, and agents;
or the Contractor shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
All liability policies shall bear an endorsement or shall have attached a rider whereby it is
provided that:
1. The Agency, its officers, officials, employees and agents are added as additional
insureds.
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2. For any claims related to this project; the Contractor's insurance coverage shall be
primary insurance as respects the Agency, its officers, officials, employees, and
agents shall be excess of the Contractor's insurance and shall not contribute with it.
3. Any failure to comply with reporting or other provisions of the policies including
breaches of warranties shall not affect coverage provided to the Agency, its officers,
officials, employees, or agents.
4. 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.
5. In the event of expiration or proposed cancellation of such policies for any reason
whatsoever, the Agency shall be notified by registered mail return receipt requested,
giving a sufficient time before the date thereof to comply with any applicable law or
statue but in no event less than 30 days before expiration or cancelation is effective.
Course of construction policies shall bear an endorsement or shall have attached a rider
whereby it is provided that:
1. The Agency shall be named loss payee.
2. The insurer shall waive all rights of subrogation against the Agency.
The Contractor shall include all subcontractors as insureds under its policies or shall furnish
separate certificates and endorsement of each subcontractor. All coverage for subcontractors
shall be subject to all of the requirements stated herein.
Workers' Compensation Insurance
Said certification is included in the contract by reference and signature and return of the
contract shall constitute signing and filing of said certificate.
The Contractor shall also comply with Section 3800 of the Labor Code by securing, paying for
and maintaining in full force and effect for the duration of the contract Workers' Compensation
Insurance, with limits as required by the Labor Code of the State of California and Employee's
Liability with limits of $1,000,000 per accident. The Workers' Compensation insurance must
be accompanied by a Waiver of Subrogation endorsement. The Contractor shall furnish a
Certificate of Insurance to the Engineer before execution of the Contract. The agency, its
officers, officials, employees, and agents,will not be responsible for any claims in law or equity
occasioned by failure to the Contractor to comply with this paragraph.
All compensation insurance policies shall bear an endorsement or shall have attached a rider
whereby it is provided that, in the event of expiration or proposed cancellation of such policies
for any reason whatsoever, the Agency shall be notified by registered mail not less than 30
days before expiration or cancellation is effective.
No separate payment will be made for insurance. Payment shall be considered as included
in the contract price.
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5-4.5 Contractor's PerFormance
To the fullest extent permitted by law, the Contractor shall indemnify, defend and hold harmless
the City and its officials, employees, agents, representatives and volunteers from and against any
and all losses, claims, demands, damages, costs, expenses, attorney's fees, or liability of every
nature arising out of or in any way connected with the performance or attempted perfiormance of
the provisions of this Contract, caused in whole or in part by any negligent or willful act or omission
of the Contractor, regardless of whether caused in part by a party indemnified hereunder. Nothing
contained in the foregoing indemnity provisions shall be construed to require the Contractor to
indemnify the indemnified party in contravention of Section 2782 of the Civil Code for the active
or sole negligence or willful misconduct of that indemnified party.
To the fullest extent permitted by law, the Contractor's duty to defend shall extend, without
limitation, to any suit or action founded upon any losses, claims, demands, damages, costs,
expenses, attorney's fees, or liability of every nature arising out of or in any way connected with
the performance or attempted performance of the provisions hereof, or in any way arising out of
or connected with this Contract.
The defense and indemnity obligations expressly extend to and include any and all claims,
demands, damages, costs, expenses, liability occasioned as a result of the violation by the
Contractor, the Contractor's agents, employees, or independent contractors, subcontractors, or
suppliers of any provisions of federal, state or local law, including applicable administrative
regulations.
The defense and indemnity obligations also expressly extend to and include any claims,
demands, damages, costs, expenses, or liability occasioned by injury to or death of any person,
or any property damage to property owned by any person while on or about the site or as a result
of the Work, whether such persons are on or about the site by right or not, whenever the Work is
alleged to have been a contributing cause in any degree whatsoever.
In claims against any person or entity herein indemnified that are made by an employee of the
Contractor or an employee of any of the Contractor's agents, independent contractors,
subcontractors or suppliers, a person indirectly employed by the Contractor or by any of the
Contractor's agents, independent contractors, subcontractors or suppliers, or anyone for whose
acts the Contractor or any of the Contractor's agents, independent contractors, subcontractors,
or suppliers may be liable, the defense and/or independent contractors, subcontractors, or
suppliers under workers' compensation acts, disability acts, or other employee benefit acts.
The defense and indemnification obligations herein shall not be limited by any assertion or finding
that the person or entity indemnified is liable by reason of non-delegable duty.
The defense and indemnities set forth herein shall not be limited by the insurance requirements
set forth in the Contract.
The defense and indemnification requirements herein set forth shall extend to claims occurring
after this Contract is terminated as well as while it is in force.
Indemnification of Adjacent Property Owners
In the event the Contractor enters any agreement with the owners of any adjacent property to
enter upon or adjacent to such property for the purpose of performing this Contract,the Contractor
shall fully indemnify, defend and save harmless such person, firm, or corporation, state or other
44
governmental agency which owns or has any interest in the adjacent property. The form and
content of the indemnification agreement shall be approved by the Agency prior to
commencement of any work on or about such property. The Contractor also shall indemnify the
Agency, its officers, officials, employees, agents, representatives, and volunteers a provided in
the Contract. These provisions shall be in addition to any other requirements of the owners of
adjacent property."
5-7 SAFETY
5-7.1 Work Site Safety
5-7.1.1 General
Add the following:
"Accidents
The Contractor shall provide at the site, such equipment and medical facilities as are
necessary to supply first aid service to anyone who may be injured in connection with the
work.
The Contractor must promptly report in writing to the Engineer all incidents whatsoever arising
out of, or in connection with, the performance of the work whether on, or adjacent to the site,
which caused death, personal injury, or property damages, giving full details and statements
of witnesses. In addition, if death or serious injuries or serious damages are caused, the
incident shall be reported promptly by telephone or messenger to both the Engineer and
owner, if other than Agency.
If any claim is made by anyone against the Contractor or any subcontractor on account of any
accident, the Contractor shall promptly report the facts in writing to the Engineer, giving full
details of the claim."
5-7.4 Hazardous Substances
Add the following paragraphs:
"When applicable, the Contractor shall file with the Redding Fire Department and the Shasta
County Department of Public Health, hazardous materials release response plans and
inventories (business plans) and Shasta County Department of Public Health fees for the
prevention and mitigation of hazardous material releases in accordance with Chapter 6.95 of
the California Health and Safety Code.
Contractors, including subcontractors, shall not perform work on or around City of Redding
Asbestos Cement Pipe (ACP) infrastructure unless the Contractor has had and can provide
appropriate documentation of approved ACP initial and refresher training in compliance of all
federal, State and local laws, regulations and standards.
Training Requirements
No employee or contractor is permitted to handle or work on or around ACP without
completing an approved training course on ACP."
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SECTION 6 PROSECUTION AND PROGRESS
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK
6-1.1 Construction Schedule
Add the following after the first paragraph:
"A weekly construction schedule shall be furnished in writing, if required by the Engineer, one
working day prior to the first working day of the week to which the schedule is pertinent. The
weekly construction shall be in such form and in such detail as to accurately and clearly show
the major type and location of the work to be performed during the work week. In addition, all
requests for survey work required to be provided by the City shall be a part of this schedule."
6-2 PROSECUTION OF THE WORK
Add the following paragraph:
"Work Done by the Agency for the Contractor
The City will not perform any work for the Contractor except in emergency situations or as
otherwise agreed to by the Engineer. The City will be reimbursed for any work done for the
Contractor (withheld from monies due the Contractor). This will include all costs (direct
straight time or overtime wages, all overhead, administration, engineering, vehicle, and
equipment costs)."
6-9 �IQUIDATED DAMAGES
Delete this section in its entirety and add the following:
"Failure of the Contractor to complete the Work within the time allowed will result in damages
being sustained by the Agency. Such damages are, and will continue to be, impracticable
and extremely difficult to determine. For each consecutive calendar day in excess of the time
specified, as adjusted in accordance with Subsection 6-4, for completion of the Work the
Contractor shall pay to the Agency, or have withheld from monies due it, the sum of$1,000.
Execution of the Contract shall constitute agreement by the Agency and Contractor that
$1,000 per day is the minimum value of the costs and actual damage caused by failure of the
Contractor to complete the Work within the allotted time, that such sum is liquidated damages
and shall not be construed as penalty, and that such sum may be deducted from payment due
the Contractor if such delay occurs."
SECTION 7 MEASUREMENT AND PAYMENT
7-2 �UMP SUM WORK
Add the following section:
"Lump Sum Cost Schedule of Values
The Contractor shall furnish to the Engineer a schedule of values for each contract lump sum
item of work described in this section.
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The Contractor shall determine the quantities required to complete the work shown on the
plans. The quantities and values shall be included in the schedule submitted to the Engineer
for approval. The Contractor shall be responsible for the accuracy of the quantities and values
used in the schedule submitted for approval. Any quantities shown on the plans or noted in
these specifications are approximate and shall be considered as informational only.
No adjustment in compensation will be made in the contract lump sum prices paid for the
various work items due to any differences between the quantities shown in the cost break-
down furnished by the Contractor, or the planned quantities, and the quantities required to
complete the work as shown on the plans and as specified in these special provisions.
The sum of the amounts for the units of work listed in the cost break-down shall be equal to
the contract lump sum price bid for the work. Overhead, profit, bond premium, temporary
construction facilities, plant and other items shall be included in each individual unit listed in
the cost break-down and shall not be listed separately.
The cost break-down shall be submitted to the Engineer for approval within 15 days after the
contract has been approved. The cost break-down shall be approved, in writing, by the
Engineer before any partial payment for the lump sum items of work will be made.
At the Engineer's discretion the approved cost break-down schedule may be used to
determine partial payments during the progress of the work and as the basis of calculating the
adjustment in compensation for the item or items of work due to changes ordered by the
Engineer. When an ordered change increases or decreases the quantities of an approved
schedule, the adjustment in compensation may be determined at the Engineer's discretion in
the same manner specified for increases and decreases in the quantity of a contract item of
work in accordance with Section 2, "Scope of the Work" of the Standard specifications and
elsewhere in these special provisions."
7-3 PAYMENT
7-3.1 General
Add the following paragraphs:
"'In accordance with Labor Code Section 3700, every contractor will be required to secure the
payment of compensation to his or her employees.
Attention is directed to the provisions of Sections 10262 and 10262.5 of the Public Contact
Code and Section 7108.5 of the Business and Professions Code concerning prompt payment
to subcontractors.
The Contractor shall return all moneys withheld in retention for the subcontractor within 30
days after receiving payment for work satisfactorily completed, even if the other contract work
is not completed and has not been accepted. This requirement shall not be construed to limit
or impair any contractual, administrative, or judicial remedies otherwise available to the
Contractor or subcontractor in the event of a dispute involving late payment or nonpayment
by the Contractor or deficient subcontract perFormance or noncompliance by a subcontractor."
47
Delete the last sentence of the eighth paragraph and substitute the following:
"Prior to the expiration of 60 days from the date of completion, or as prescribed by law, the
amount deducted from the final progress pay estimate and retained by the Agency will be paid
to the Contractor, except 125 percent of such amounts as are required by law to be withheld
by properly executed and filed notices to stop payment, or as may be authorized by the
contract to be further retained. Upon settlement of all notices to stop payment, any remaining
funds held by the Agency, less an amount for expenses incurred by the Agency in conjunction
with the notice(s) to stop payment will be paid to the Contractor."
Add the following paragraph:
"Manufacturers' warranties and guarantees furnished for materials used in the work and
instruction sheets and parts lists supplied with materials shall be delivered to the Engineer
prior to acceptance of the project."
7-3.2 Partial and Final Payment
The first paragraph shall read:
"The closure date for the purpose of making monthly progress payments shall be the last
Friday of the month."
Delete the third paragraph and substitute the following:
"From each progress payment, 5 percent will be deducted and retained by the Agency, and
the remainder less the amount of all previous payments will be paid. Administrative
deductions for missing documents including, but not limited to, as-builts, product warranties,
operation and maintenance manuals, and bonds may be taken. Each administrative
deductions withheld will be a minimum of$5,000 and a maximum of$25,000.
In accordance with Labor Code Section 1771.5(b)5, the Agency shall withhold contract
payments when payroll records are delinquent or inadequate.
In accordance with Labor Code Section 1771.5(b)6, the Agency shall withhold contract
payments equal to the amount of underpayment and applicable penalties when, after
investigation, it is established that underpayment has occurred."
Add the following after the last paragraph:
"Final Pay Quantities
When an item of work is designated as (F) or (S-F) in the Engineer's Estimate, the estimated
quantity for that item of work shall be the final pay quantity, unless the dimensions of any
portion of that item are revised by the Engineer, or the item or any portion of the item is
eliminated. If the dimensions of any portion of the item are revised, and the revisions result
in an increase or decrease in the estimated quantity of that item of work, the final pay quantity
for the item will be revised in the amount represented by the changes in the dimensions. If a
final pay item is eliminated, the estimated quantity for the item will be eliminated. If a portion
of a final pay item is eliminated,the final pay quantity will be revised in the amount represented
by the eliminated portion of the item of work.
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The estimated quantity for each item of work designated as (F) or (S-F) in the Engineer's
Estimate shall be considered as approximate only, and no guarantee is made that the quantity
which can be determined by computations, based on the details and dimensions shown on
the plans, will equal the estimated quantity. No allowance will be made in the event that the
quantity based on computations does not equal the estimated quantity.
In case of discrepancy between the quantity shown in the Engineer's Estimate for a final pay
item and the quantity or summation of quantities for the same item shown on the plans,
payment will be based on the quantity shown in the Engineer's Estimate."
7-3.3 Delivered Materials
Add the following paragraph:
When an item of work is designated as (P) the Agency will include in the progress payments
50 percent of the cost of materials delivered but not incorporated in the work when requested
by the Contractor. Before these costs will be included, the Contractor must present to the
Engineer, copies of his invoices.
7-4 PAYMENT FOR EXTRA WORK
7-4.2 Basis for Establishing Costs
7-4.2.1 Labor
The first paragraph is amended to read:
"The cost of labor shall be the actual wages paid which shall include any employer payments
to or on behalf of the workers for health and welfare, pension, vacation, and apprenticeship
funds. To the actual wages paid will be added a labor surcharge set forth in the Department
of Transportation publication entitled Labor Surcharge and Equipment Rental Rates found at
the following web site.
http:/Iwww.dot.ca.qov/hg/construc/equipmnt.html
The rates are in effect on the date upon which the work is accomplished. The labor surcharge
shall constitute full compensation for all payments imposed by State and Federal laws
including, but not limited to, workers' compensation insurance, and liability insurance."
7-4.2.3Too1 and Equipment Rental
Delete the second paragraph and add the following:
"Regardless of ownership; the latest edition of the State of California Department of
Transportation equipment rental rates shall be used to determine equipment rental costs."
7-4.3 Markup
Delete this section in its entirety and add the following:
a. Work by Contractor. The following percentages shall be added to the Contractor's costs
and shall constitute full payment for all overhead and profit.
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Overhead costs shall include, but not be limited to such items as project superintendence,
project managers, field and home office expenses.
1) �abor 35%
2) Material 15%
3) Equipment Rental & Other Items 15%
4) Subcontractor Work 10% (this markup may be applied a
maximum of one time to the extra work bill)
b. Work by Subcontractor. When extra work is performed by a subcontractor, the following
percentages shall be added to the subcontractor's costs and shall constitute full payment
for all overhead and profit.
Overhead costs shall include, but not be limited to such items as project superintendence,
project managers, field and home office expenses.
1) Labor 35%
2) Material 15%
3) Equipment Rental & Other Items 15%
4) Second-Tier Subcontractor 10% (this markup may be applied a
maximum of one time to the extra work bill)
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