Bid Notice.pdf

CITY OF YUBA CITY

PUBLIC WORKS DEPARTMENT

1201 CIVIC CENTER BOULEVARD

YUBA CITY, CALIFORNIA 95993

BID BOOK

NOTICE TO CONTRACTORS

SPECIAL PROVISIONS

PROPOSAL

AND CONTRACT

FOR

SAM BRANNAN SECURITY IMPROVEMENTS PROJECT

CONTRACT NO: 1363-CON-26

FOR USE WITH THE FOLLOWING STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION DOCUMENTS:

STANDARD SPECIFICATIONS DATED 2025

STANDARD PLANS DATED 2025

CURRENT LABOR SURCHARGE AND EQUIPMENT RENTAL RATES

AND

THE FOLLOWING CITY OF YUBA CITY PUBLIC WORKS DOCUMENTS:

STANDARD DETAILS DATED 2016

BID OPENING: October 1, 2026, 2:00 P.M.

CONTRACT NO: 1363-CON-26

The special provisions contained herein have been prepared by or under the direction of the following Registered Person:

JOSH WOLFFE

RCE 92911, Exp. 12/31/2027

12/31/27

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TABLE OF CONTENTS

SPECIAL NOTICE ............................................................................................................................................. v BID ITEM SECTION REFERENCE .................................................................................................................. vi NOTICE TO CONTRACTORS .......................................................................................................................... vii

SPECIAL PROVISIONS

SECTION 1 - DEFINITIONS

1.1 General

SECTION 2 – PROPOSAL AND CONTRACT REQUIREMENTS

2.1 EXAMINATION OF PLANS, SPECIFICATIONS, AND SITE OF WORK

2.2 PROPOSAL FORM

2.3 DELIVERY OF PROPOSAL

2.4 WITHDRAWAL OF PROPOSAL

2.5 COMPETENCY OF BIDDER

2.6 REJECTION OF PROPOSALS

2.7 BIDDER GUARANTY

2.8 AWARD OF CONTRACT

2.9 EXECUTION OF CONTRACT

2.10 CONTRACT BONDS

2.11 GUARANTY OF WORK

SECTION 3 – CONTROL OF THE WORK

3.1 GENERAL

3.2 LINES, GRADES, AND SURVEYING

3.3 INTENT OF PLANS AND SPECIFICATIONS

3.4 ENVIRONMENTAL CONTROL

3.5 FINAL INSPECTION

SECTION 4 – LEGAL REGULATIONS AND RESPONSIBILITY TO THE PUBLIC

4.1 Laws to be Observed

4.2 Prevailing Wages

4.3 Permits and Licenses

4.4 Indemnity

4.5 Insurance

4.6 No Personal Liability

4.7 Responsibility of City

4.8 Domestic Materials

4.9 Apprenticeship Requirements

4.10 Subcontracting

4.11 Differing Site Conditions

4.12 Working Hour Restrictions

4.13 Examination and Audit

SECTION 5 – WATER AND DUST CONTROL

5.1 Water

5.2 Dust Control

SECTION 6 – PROGRESS OF THE WORK, LIQUIDATED DAMAGES, AND CONTRACT TIME

6.1 Prosecution of Work

6.2 Liquidated Damages

6.3 Time for Completion

6.4 Extension of Contract Time

6.5 Right-of-Way Delays

6.6 Force Account Payment

6.7 Pre-construction Conference

SECTION 7 – PAYMENT

7.1 General

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7.2 Progress Payments

7.3 Final Payment

7.4 Resolution of Claims

SECTION 8 – QUANTITIES AND MATERIALS

8.1 Quantities

8.2 Materials

8.3 Quality Control

8.4 Testing Methods and Frequency

SECTION 9 – SAFETY PRECAUTIONS

9.1 Preservation of Property

9.2 Obstructions

9.3 Interruption of Service

9.4 Safety Devices

9.5 Maintaining Traffic

SECTION 10 – DESCRIPTION OF THE WORK

SECTION 11 - EARTHWORK & PAVING

11.1 Tree Removal

11.2 Clearing and Grubbing

11.3 Concrete Removal

11.4 Earthwork

11.5 Restrictions on Purchases of Mined Materials

11.6 Aggregate Base

11.7 Decomposed Granite

11.8 Prime Coat

11.9 Paint Binder

11.10 Pavement Repair

11.11 Cold Plane/Conform Grind Asphalt Concrete

11.12 Grind Concrete Pavement

11.13 Road Surface Preparation

11.14 Tack Coat

11.15 Pavement Reinforcing Fabric

11.16 Asphalt Concrete

11.17 Temporary Pavement Delineation

11.18 Adjusting Manholes and Valves to Grade

11.19 Survey Monument Wells

11.20 Finishing Roadway

SECTION 12 – CONCRETE CURBS, GUTTERS, SIDEWALKS, AND DRIVEWAYS

12.1 General

12.2 Curing

12.3 Detectable Warning Surface

12.4 Measurement and Payment

12.5 Temporary Pedestrian Route of Travel

12.6 Temporary Pedestrian Channelizing Devices & Barricades

12.7 Pipe Conduit

SECTION 13 – TRENCHING OPERATIONS

13.1 Legal Requirements

13.2 General

13.3 Trench Width

13.4 Cutting of Pavement

13.5 Bracing and Shoring

13.6 Maximum Length of Trench Open

13.7 Bedding

13.8 Initial Backfill

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13.9 Restoration of Surfacing

13.10 Payment

SECTION 14 – STORM DRAIN CONSTRUCTION

SECTION 15 – PAVEMENT MARKERS AND MARKINGS

SECTION 16 – CHAIN LINK FENCING

16.1 Chain Link Fencing

SECTION 17 – ORNAMENTAL STEEL FENCE

17.1 System Description

17.2 Quality Assurance

17.3 References

17.4 Submittal

17.5 Product Handling and Storage

17.6 Product Warranty

17.7 Manufacturer

17.8 Material

17.9 Fabrication

17.10 Preparation

17.11 Installation

17.12 Fence Installation Maintenance

17.13 Gate Installation

17.14 Cleaning

SECTION 18 – PEDESTRIAN EGRESS GATES

18.1 System Description

18.2 Quality Assurance

18.3 References

18.4 Submittal

18.5 Product Handling and Storage

18.6 Product Warranty

18.7 Manufacturer

18.8 Material

18.9 Fabrication

18.10 Preparation

18.11 Gate Installation

18.12 Gate Installation Maintenance

18.13 CLEANING

SECTION 19 – STEEL ROLL GATE SYSTEM

19.1 System Description

19.2 Quality Assurance

19.3 References

19.4 Submittal

19.5 Product Handling and Storage

19.6 Manufacturer

19.7 Material

19.8 Fabrication

19.9 Preparation

19.10 Installation

19.11 Cleaning

PROPOSAL TO THE PUBLIC WORKS DEPARTMENT ............................................................................. P-1 BID ITEM LIST ............................................................................................................................................ P-3 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION ........................................................................ P-5 PUBLIC CONTRACT CODE ....................................................................................................................... P-6 NONCOLLUSION AFFIDAVIT..................................................................................................................... P-7 BID CERTIFICATION .................................................................................................................................. P-9

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BIDDER’S BOND .......................................................................................................................................P-10

CONTRACT AGREEMENT

CONTRACT

BID ITEM LIST

FAITHFUL PERFORMANCE BOND

PAYMENT BOND

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SPECIAL NOTICE

The Contractor is responsible for all requirements contained within the State of California, Department of Transportation Standard Specifications, dated 2025, and these Special Provisions. These Special Provisions are intended to clarify, change, subtract, or add details and requirement to the Standard Specifications. Where conflicts or differences exist between the Standard Specifications and these Special Provisions, the Special Provisions shall govern. Contractor’s attention is directed to Section 5-1.02, “Contract Components” of the Standard Specifications for further information regarding the governing ranking of contract parts.

The bidder’s attention is directed to the section entitled “Subcontracting” in Section 4 of the Special Provisions regarding the requirement that proposed subcontractors be listed in the bidder’s proposal. Subcontractors performing work in excess of one-half of one percent of the total bid or $10,000, whichever is greater, shall be listed.

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BID ITEM SECTION REFERENCE

Base Bid Schedule

Item No.

Item Description Estimated Quantity

Unit

1 Mobilization/Demobilization 1 LS

2 Remove existing 3'-Tall Chain Link Fencing 15 LF

3 Remove Existing Steel Tube Gate & Post 1 LS

4 Remove Existing 6'-Tall Chain Link Fence & Gates 577 LF

5 Install 8' Tall Ornamental Steel Tubing Fence 465 LF

6 Install 4'-Wide X 6' Tall Chain Link Gate 1 EA

7 Install 20'-Wide Roll Gate (Includes operator, access pedestals, conduits, conductors, communication wires, and pull box, trenching, and backfill necessary to make gate fully operational)

1 LS

8 Install Pedestrian Gate with Header to Match Fence Style and Height 3 EA

9 Install 14'-Wide 8'-Tall Ornamental Double-Swing Gate 1 EA

10 Install 8'-Tall Security Fencing 555 LF

11 Install 12'-Wide 8'-Tall Security Double-Swing Gate 2 EA

Bid Alternate Schedule 1: Railroad Corridor Fencing

12 Remove 6’-Tall Chain Link Fencing 471 LF

13 Install 8’-Tall Ornamental Steel Tubing Fencing 475 LF

Bid Alternate Schedule 2: Access Road Fencing

14 Install 8’-Tall Ornamental Steel Tubing Fence 440 LF

Bid Alternate Schedule 3: Dog Park Fencing

15 Install 6’-Tall Chain Link Fencing 470 LF

16 Install 4'-Wide X 6' Tall Chain Link Gate 3 EA

17 Install 12'-Wide X 6' Tall Chain Link Double-Swing Gate 2 EA

Bid Alternate Schedule 4: Tennis/Pickleball Court Fencing

18 Remove Existing Chain Link Fencing 645 LF

19 Install New 10’-Tall Chain Link Fencing with Wind Screen 645 LF

20 Re-Install Existing 4’-Wide Entry Door 1 EA

21 Re-Install 6’X20’ Viewing Windows 2 EA

22 Install 12’-Wide Vehicle Gate 1 EA

Bids are required for the “Base Bid Schedule,” “Bid Alternate Schedule 1: Railroad Corridor Fencing,” “Bid Alternate Schedule 2: Access Road Fencing,” “Bid Alternate Schedule 3: Dog Park Fencing,” and “Bid Alternate Schedule 4: Tennis/Pickleball Court Fencing.”

Award will be based on the lowest responsible and responsive bid for the “Base Bid Schedule.”

The City may choose to include or exclude items listed on the above four Bid Alternate Schedules from the Contract, at the City’s discretion.

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NOTICE TO CONTRACTORS

City of Yuba City Public Works Department

Sealed proposals will be received at the City Clerk’s Office, City of Yuba City, located at City Hall, 1201 Civic Center Boulevard, Yuba City, California, 95993, until 2:00 P.M. on October 1, 2026, at which time they will be publicly opened and read aloud, for construction in accordance with the specifications to which special reference is made as follows:

CONTRACT NO:1363-CON-26

No bid will be considered unless it is made on the bid form included in the project Bid Book furnished by the Public Works Department obtained through Public Purchase online bidding service. Bids are required for the entire work described herein.

Each bid must be accompanied by cash, cashier’s check, certified check, or a bidder’s bond executed by an admitted surety insurer made payable to the City of Yuba City for an amount equal to at least ten percent (10%) of the total bid amount, such guaranty to be forfeited should the bidder to whom the contract is awarded fail to enter into the contract.

GENERAL WORK DESCRIPTION

The project involves the construction of 8’-tall ornamental steel tubing fencing and gates along the frontage of Sam Brannan Park. Additional OPTIONAL work may include:

• Removal of chain link fencing along UPRR corridor, and replacement with 8’-tall ornamental steel tubing fencing

• Installation of 8’-tall ornamental steel tubing fencing along the north side of the access road to the Sam Brannan Water Storage Facility

• Installation of chain link fencing and gates to create enclosed areas for a dog park

• Removal and replacement of the perimeter chain link fencing, and gates associated with the tennis and pickleball courts.

For a more detailed description of the project scope, refer to the project plans.

FUNDING SOURCE(S)

This project is funded with local funds.

CONTRACT TIME

The project has 30 working days.

PRE-BID MEETING

No pre-bid meeting is scheduled for this project.

OBTAINING OR INSPECTING CONTRACT DOCUMENTS

The Project Bid Book and Construction Plans may be obtained from the Public Purchase online bidding service.

Registration is required to use the service. There is no charge to register or obtain bid documents in digital format. To access the service, use either of the following links:

https://www.yubacity.net/departments/public_works/engineering/bids___rfps.php or www.publicpurchase.com

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Once registered, search for the project title identified on the cover of this Bid Book. All addenda notifications will be emailed to plan holders through Public Purchase.

All questions and Requests for Information (RFIs) regarding the project must be submitted through Public Purchase on the project link. Responses to questions will be distributed to plan holders via Public Purchase. Questions and RFIs must be submitted five (5) business days prior to bid opening.

LICENSING REQUIREMENTS

At the time that the City awards the contract for this project, the Contractor shall possess either a Class A Contractor’s License, or a combination of classes required by the categories and types of work included in this contract. The contract is subject to state contract nondiscrimination and compliance requirements pursuant to Government Code, Section 12990.

PREVAILING WAGE REQUIREMENTS

This project requires the payment of prevailing wage rates to members of each craft or classification performing work on this project.

Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates in Sutter County have been determined by the Director of the California Department of Industrial Relations (DIR). A copy of the California State prevailing wage rates can be obtained online at the following link:

https://www.dir.ca.gov/public-works/prevailing-wage.html

BID RIGGING STATEMENT

The U.S. Department of Transportation (DOT) provides a toll-free hotline to report bid rigging activities. Use the hotline to report bid rigging, bidder collusion, and other fraudulent activities. The hotline number is (800) 424- 9071. The service is available 24 hours 7 days a week and is confidential and anonymous. The hotline is part of the DOT's effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the DOT Inspector General.

REGISTRATION WITH DIR

A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.

PAYMENT RETENTIONS AND SUBSITIUTION OF SECURITIES

Five Percent (5%) will be withheld from each progress payment made to the contractor for work performed and will be held until completion of the work, its acceptance and the expiration of the period provided by law for filing liens by laborers or materialmen. In accordance with the provisions of § 22300 of the Public Contract Code of the State of California, securities may be substituted for the monies which the City withholds, or the Contractor may request that retention be paid to an escrow agent.

BIDDING PROVISIONS

In its discretion, the City Council of Yuba City or its designee may reject any and all bids presented, may accept an item or group of items of any bid, may modify or cancel in whole or in part the notice inviting bids, and may determine to re-advertise for bids. Similarly, the City Council or its designee reserves the right to waive informalities and minor irregularities in any bids received.

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Unit prices shall be shown on bids submitted as well as a total price for each item bid upon.

Date Published September 17, 2026

CIARA WAKEFIELD, CITY CLERK

CITY COUNCIL OF YUBA CITY

CITY OF YUBA CITY SAM BRANNAN SECURITY IMPROVEMENTS PROJECT

Special Provisions CONTRACT NO. 1363-CON-26

(A)Page 1

SPECIAL PROVISIONS

SECTION 1 - DEFINITIONS

1.1 General

The work embodied herein shall be done in accordance with the appropriate provisions of the Specifications entitled “State of California, Department of Transportation, Standard Specifications for Construction of Local Streets and Roads,” dated 2025, insofar as the same may apply and in accordance with the following special provisions.

Whenever in said Standard Specifications and these Special Provisions the following terms are used, they shall be understood to mean and to refer to the following:

“Department” or “Department of Transportation” – The Public Works Department of the City of Yuba City.

“Engineer” or “Director” – The City Engineer or the Director of Public Works of the City of Yuba City or their authorized agents.

“Laboratory” – That laboratory designated by the Engineer.

“State” – The City of Yuba City.

Other terms appearing in the Standard Specifications and these Special Provisions shall have the intent and meaning specified in Section 1, General of the Standard Specifications.

In case of conflict between Standard Specifications and these Special Provisions, the Special Provisions shall take precedence over and be used in lieu of such conflicting portions.

End of Section

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SECTION 2 – PROPOSAL AND CONTRACT REQUIREMENTS

2.1 EXAMINATION OF PLANS, SPECIFICATIONS, AND SITE OF WORK

The bidder is required to examine carefully the site of the proposed work, plans, special provisions, standard specifications, and contract forms for the work contemplated, and it will be assumed that the bidder 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 Special Provisions and the contract.

It is mutually agreed that submission of a proposal shall be considered prima facie evidence that the bidder has made such examination.

2.2 PROPOSAL FORM

The Project Bid Book and Construction Plans may be obtained from the Public Purchase online bidding service.

Registration is required to use the service. There is no charge to register or obtain bid documents in digital format. To access the service, use either of the following links:

https://www.yubacity.net/departments/public_works/engineering/bids___rfps.php or www.publicpurchase.com

Once registered, search for the project title identified on the cover of this Bid Book. All addenda notifications will be emailed to plan holders through Public Purchase.

All proposals must give the prices proposed, with unit prices prevailing, and must be signed by the bidder with his address. Copies of proposal forms obtained from a source other than the City will not be allowed.

No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5 with limited exceptions from this requirement for bid purposes only under Labor Code Section 1771.1(a).

2.3 DELIVERY OF PROPOSAL

Said bid or proposal shall be delivered to the City Clerk’s Office, City of Yuba City, in accordance with the Notice inviting sealed proposals.

2.4 WITHDRAWAL OF PROPOSAL

No bidder may withdraw his proposal for a period of ninety (90) days after the date set for the opening thereof.

2.5 COMPETENCY OF BIDDER

The City may require any bidder to furnish a statement of financial responsibility, technical ability and experience.

No bid will be accepted from a Contractor who is not licensed under Chapter 9, Division 3, California Business and Professions Code.

2.6 REJECTION OF PROPOSALS

Proposals may be rejected if they show any alterations of form, additions not called for, conditional or alternative bids, incomplete bids, erasures, or irregularities of any kind.

(A)Page 3

The City reserves the right to waive any informality or irregularity in any bid or bidding. The right is reserved to reject any and all proposals.

2.7 BIDDER GUARANTY

All bids shall be presented under sealed cover and shall be accompanied by cashier’s check, certified check, or bidder’s bond, made payable to the City of Yuba City, for an amount equal to at least ten percent (10%) of said bid, and no bids shall be considered unless such cashier’s check, certified check, or bidder’s bond is enclosed herewith.

2.8 AWARD OF CONTRACT

All bids will be compared on the basis of the Engineer's Estimate of quantities of work to be done.

The contract, if awarded, will be based on the lowest responsible and responsive bid for the “Base Bid Schedule.”

Contractor shall provide bid prices for all items included in the “Base Bid Schedule,” “Bid Alternate Schedule 1:

Railroad Corridor Fencing,” “Bid Alternate Schedule 2: Access Road Fencing,” “Bid Alternate Schedule 3: Dog Park Fencing,” and “Bid Alternate Schedule 4: Tennis/Pickleball Court Fencing.”

The City may choose to include or exclude items listed on “Bid Alternate Schedule 1: Railroad Corridor Fencing,” “Bid Alternate Schedule 2: Access Road Fencing,” “Bid Alternate Schedule 3: Dog Park Fencing,” and “Bid Alternate Schedule 4: Tennis/Pickleball Court Fencing.” from the Contract, at the City’s discretion.

Total Contract Amount shall be determined as follows:

1. If the City chooses to only award the “Base Bid Schedule”, the “Total Base Bid Schedule” amount shall become the “Total Contract Amount.”

2. If the City chooses to incorporate items from “Bid Alternate Schedule 1: Railroad Corridor Fencing,” “Bid Alternate Schedule 2: Access Road Fencing,” “Bid Alternate Schedule 3: Dog Park Fencing,” or “Bid Alternate Schedule 4: Tennis/Pickleball Court Fencing.” the City shall add the prices bid on the selected items to the “Total Base Bid Schedule” to create the “Total Contract Amount.”

No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5.

2.9 EXECUTION OF CONTRACT

The contract shall be executed by the successful bidder and returned, together with the contract bonds and certificates of insurance, within five (5) business days after the award of contract.

2.10 CONTRACT BONDS

Contractor shall provide, at the time of the execution of the agreement or contract for work and at his own expense, an admitted surety bond in an amount equal to at least one hundred percent (100%) of the contract price as security for the faithful performance of said agreement. Contractor shall also provide, at the time of the execution of the agreement or contract for the work, and at his own expense, a separate admitted surety bond in an amount equal to at least one hundred percent (100%) of the contract price as security for the payment of all persons performing labor and furnishing materials in connection with said agreement. Each bond shall be in the form included in these contract documents. Sureties on each of said bonds shall be satisfactory to the City Attorney.

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2.11 GUARANTY OF WORK

Notwithstanding the acceptance of said work and improvements and inspection thereof by the City, Contractor guarantees all of said work and shall perform or cause to be performed repairs, additions, or corrective work caused by the deficiency or omission of Contractor for one (1) year after the work has been completed and accepted by the City. The Faithful Performance Bond herein provided shall cover the guarantee set forth in this paragraph.

(A)Page 5

SECTION 3 – CONTROL OF THE WORK

3.1 GENERAL

Attention is directed to the provisions of Section 5 of the Standard Specifications and the following provisions.

3.2 LINES, GRADES, AND SURVEYING

Subsection not included in this contract.

3.3 INTENT OF PLANS AND SPECIFICATIONS

These Special Provisions, the Plans, the Standard Specifications, and all supplementary documents are essential parts of the contract, and a requirement occurring in one is as binding as though occurring in all. They are intended to be cooperative, to describe and to provide for a complete work. If a discrepancy exists:

1. Governing ranking of Contract parts in descending order is:

a. Special Provisions

b. Project Plans

c. Standard Specifications

d. Revised Standard Plans

e. Standard Plans

f. Supplemental Project Information

2. Written numbers and notes on a drawing govern over the graphics

3. Detail drawing governs over a general drawing

4. Specific specification governs over a general specification

5. Specification in a section governs over a specification referenced by that section

If a discrepancy is found or confusion arises, submit an RFI.

3.4 ENVIRONMENTAL CONTROL

Attention is directed to Sections 13 and 14 of the Standard Specifications. The Contractor shall comply with all environmental control rules, regulations, ordinances, and statutes that apply to the project and any work performed pursuant to the contract.

Contractor shall haul away and dispose of all removed waste materials at a proper disposal site.

Unless otherwise designated, all trees, landscaping, and shrubbery shall be protected.

Contractor will be required to provide the City a spill countermeasure plan prior to beginning construction.

3.5 FINAL INSPECTION

The Contractor shall notify the Engineer in writing of the completion of the work, and the Engineer will promptly inspect the work. The Engineer will develop a final punch list, and the Contractor will be notified in writing of any defects or deficiencies to be remedied. When notified that this work has been completed, the Engineer will again inspect the work and when satisfied that all work has been done in accordance with the contract drawings and these Special Provisions, he will recommend to the City Council that they formally accept the contract as complete. The completion date, for purposes of computing “Time for Completion” and liquidated damages, if

(A)Page 6 any, will be considered to be the date of Contractor’s first written completion notice, provided that, in the Engineer’s judgment, the work is substantially complete and operational at that time.

(A)Page 7

SECTION 4 – LEGAL REGULATIONS AND RESPONSIBILITY TO THE PUBLIC

4.1 Laws to be Observed

The Contractor shall keep himself fully informed of all existing state and national laws and all municipal ordinances and regulations of the City of Yuba City which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same.

4.2 Prevailing Wages

It shall be mandatory upon the Contractor to whom the contract is awarded, and upon any subcontractor under him, to pay not less than the specified rates as listed in the “Notice to Contractors” to all laborers, workmen, and mechanics employed by them in the execution of the contract. Submit certified payroll records electronically to the City of Yuba City at:

jwolffe@yubacity.net

If the City is utilizing a consultant for labor compliance review services, the contractor shall submit all certified payroll records, and any other labor compliance related items as requested to the labor compliance consultant.

In accordance with Labor Code §1771.4, all certified payroll records must be submitted electronically to DIR in addition to copies to the City. Refer to the DIR website for electronic submittal instructions.

The minimum wage rates for the Director of the California Department of Industrial Relations can be found at:

http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm

The Contractor's attention is directed to California Labor Code 1815 regarding overtime pay and the requirement that penalties in accordance with current applicable Labor Codes will be levied for each workman for each calendar day during which the overtime pay provision is not met. The Contractor's attention is also directed to the requirements for travel and subsistence payments to all workers needed to execute the Contract.

This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

4.3 Permits and Licenses

The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work. There will be no charge for the permits from the City.

All contractors, including subcontractors, shall have a City business license in accordance with Section 3-4.05 of the Yuba City Municipal Code.

The Contractor and any subcontractor must be registered with the State of California Department of Industrial Relations in accordance with SB 854 and shall remain in good standing throughout the duration of the agreement.

No contractor or subcontractor may be listed on a bid proposal or awarded a contract for any public works project unless registered with the Department of Industrial Relations, pursuant to Labor Code Section 1725.5. The City reserves the right to terminate this agreement or to replace the unregistered contractor for failure to maintain registered status.

(A)Page 8

4.4 Indemnity

The City of Yuba City and all officers and employees thereof connected with the work, including but not limited to the Director and Engineer, shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the work; for injury to or death of any person, either worker or the public; or for damage to property from any cause which might have been prevented by the Contractor, its workers, or anyone employed by them.

The Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person, included but not limited to workers and the public, or damage to property resulting from defects or obstructions or from any cause whatsoever during the progress of the work or at any time before its completion and final acceptance.

The Contractor shall indemnify and save harmless the city of Yuba City and all officers and employees thereof connected with the work, including but not limited to the Director and the Engineer, from all claims, suits, or actions of every name, kind, and description, brought fourth, or on account of, injuries to or death of any person, including but not limited to workers and the public, or damage to property resulting from the performance of a contract, except as otherwise provided by statute. The duty of the contractor to indemnify and save harmless includes the duties to defend as set forth in § 2778 of the Civil Code.

With respect to third party claims against the Contractor, the Contractor waives any and all rights to any type of express or implied indemnity against the City, its officers, or employees.

It is the intent of the parties that the Contractor will indemnify and hold harmless the City, its officers and employees from any and all claims, suits, or actions as set forth above, regardless of the existence or degree of fault or negligence on the part of the City, the Contractor, the subcontractor, or employee of any of these, other than the active negligence of the City, its officers and employees.

4.5 Insurance

The Contractor shall procure and maintain for the duration of the contract insurance against all claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors.

1. Minimum Scope of Insurance – Coverage shall be at least as broad as:

a. Insurance Services Offices Commercial General Liability coverage (occurrence Form CG 00 01) including products and completed operations.

b. Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code I (any auto).

c. Workers’ Compensation insurance as required by the State of California and Employer’s Liability

Insurance.

2. Minimum Limits of Insurance – The Contractor shall maintain limits no less than:

a. General Liability: $2,000,000 per occurrence for bodily injury, personal injury, and property damage. The aggregate limit shall be $2,000,000 and shall apply separately to the Contractor’s work under this contract.

b. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.

c. Workers Compensation: Statutory limits.

d. Employers’ Liability: $1,000,000 each accident, $1,000,000 policy limit bodily injury by disease, $1,000,000 each employee bodily injury by disease.

(A)Page 9

If the contractor maintains higher limits than the minimums shown above, the City shall be entitled to coverage for the higher limits maintained by the contractor.

3. Deductibles and Self-Insurance Retention – Any deductibles or self-insurance retention must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insurance retention as respects the City, its officers, officials, employees and volunteers, or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.

4. Other Insurance Provisions – The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

a. The City, its officers, officials, employees, and volunteers are to be covered as insureds on the CGL and automobile liability policies with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, 11 85 or both CG 20 10 and CG 23 37 forms if later revisions are used).

b. For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

c. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except after 30 days prior written notice has been provided to the City or 10 days prior written notice for non-payment of premium.

5. Acceptability of Insurer – Insurance is to be placed with insurers with a current A.M. Best rating of no less than A:VII unless otherwise acceptable to the City. Exception may be made for the State Compensation Insurance Fund when not specifically rated.

6. Verification of Coverage – Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.

7. Subcontractors – Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein.

8. Waiver of Subrogation – Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation.

The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors.

If the Contractor fails to maintain any insurance as required by this section, the City of Yuba City may take out such insurance to cover any damages for which the City of Yuba City might be held liable on account of the operations under this contract, and deduct and retain the amount of the premiums for such insurance from any sums due the Contractor under the contract. Nothing herein contained shall be construed as limiting in any way the extent to which the Contractor may be held responsible for payment

(A)Page 10 of damages resulting from his operations, or those of any subcontractor under him. Maintenance of proper insurance coverage is a material element of the contract and failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract.

4.6 No Personal Liability

Neither the Mayor, the Council, the Engineer, nor any other officer or authorized assistant or agent shall be personally responsible for any liability arising under the contract.

4.7 Responsibility of City

The City shall not be held responsible for the care or protection of any materials or parts of the work prior to final acceptance, except as expressly provided in these Special Provisions.

4.8 Domestic Materials

Only such materials shall be used in the performance of this contract as conform to the requirements of Chapter 4 of Division 5 of Title 1 of Government Code of the State of California except as otherwise provided in certain treaties and general trade agreements of the United States.

4.9 Apprenticeship Requirements

Attention is directed to the provisions in Sections 1777.5, 1777.6 and 1777.7 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him.

Section 1777.5, as amended in 1989, requires the Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will fix the ratio of apprentices to journeymen that will be used in the performance of the contract to be not less than one to five hours except:

1. When employment in the area of coverage by the joint apprenticeship committee has exceed an average of fifteen percent (15%) in the ninety (90) days prior to the request for certificate; or

2. When the number of apprentices in training in the area exceeds a ratio of one to five (1:5); or

3. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally; or

4. When the contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen; or

5. When a joint apprenticeship committee submits an application to DAS for an alternative ratio based on a 1:5 daily worker count if the hourly ratio is not feasible for that particular craft or trade.

In addition to the above exceptions, contracts of specialty contractors not bidding through a general contractor and involving less than twenty (20) working days or Thirty Thousand Dollars ($30,000) are exempt from the provisions of Section 1777.5. This is the same exemption that applies to contracts of general contractors.

However, a subcontractor bidding through a general contractor must comply with Section 1777.5 no matter how small the subcontract if the contract between the general contractor and the awarding body is covered by Section 1777.5.

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Effective January 1, 1990, the Contractor must promptly provide certain contract award information to the joint apprenticeship committee of the apprenticeable craft or trade in the area of the site of the public work. This contract award information must include an estimate of the journeymen hours required, the number of apprentices to be employed, and the approximate date of apprentice employment.

The Contractor is required to make contributions to local funds established for the administration of apprenticeship programs or to the California Apprenticeship Council if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other Contractors on the public works site are making such contributions.

Noncompliance by the Contractor and subcontractor under him with the requirements of Sections 1777.5 and

1777.6 shall result in denial of right to bid on contracts and civil penalties as more particularly set forth in Section 1777.7.

Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.

4.10 Subcontracting

Attention is directed to the provisions in Section 5-1.13, “Subcontracting” of the Standard Specifications. The “Subletting and Subcontracting Fair Practices Act” (Public Contract Code Section 4100 through and including 4114, inclusive) shall apply to the work the subject of this invitation. Said Act requires subcontractors, if used for such work, to be listed and identified in the prime contractor’s proposal. It further prohibits the substitution of subcontractors, except as therein specifically authorized (Section 4107 and 4107.5); said Act provides that if the prime contractor fails to specify a subcontractor or specifies more than one subcontractor for the same portion of the work to be performed, in excess of one-half of one percent of the prime contractor’s total bid, under those circumstances, it shall be presumed that the prime contractor agrees that he is fully qualified to perform the work himself and that he shall perform the work himself. Each bidder shall, with respect to the work the subject of this invitation, list in his proposal:

1. The name and location of the place of business of each subcontractor who will perform work or labor or render services to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of one percent of the prime contractor’s total bid.

2. The portion of the work which will be done by each such subcontractor. One subcontractor shall be listed for each such portion.

Pursuant to the provisions in Section 1777.1 of the Labor Code, the Labor Commissioner publishes and distributes a list of contractor ineligible to perform work as a subcontractor on a public works project. This list of debarred contractors is available from the Department of Industrial Relations web site at:

http://www.dir.ca.gov/dlse/debar.html

4.11 Differing Site Conditions

During the progress of the work, the Contractor shall immediately, and before the following conditions are disturbed, notify the Engineer, in writing, of any:

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1. Material that the contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law;

2. Subsurface or latent physical conditions at the site differing from those indicated;

3. Unknown physical conditions at the site differing from and generally recognized as inherent in work of the character provided for in the contract.

Upon written notification, the Engineer will promptly investigate the conditions, and if the Engineer finds that the conditions do materially differ or do involve hazardous waste and cause a decrease or increase in the Contractor’s cost of or time required for performance of any part of the work, an adjustment, excluding loss of anticipated profits, will be made and the contract modified in writing accordingly.

In the event that a dispute arises whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s cost of or time required for performance of any part of the work, the Contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. The Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties.

4.12 Working Hour Restrictions

Attention is directed to the provisions in Section 7.102K(5), “Working Hours” of the Standard Specifications. Eight

(8) hours of labor is a legal day’s work. Any worker’s time of service is restricted to eight (8) hours during any calendar day and forty (40) hours during a calendar week, unless overtime compensation is paid at not less than one and one-half times the basic rate of pay. The Contractor shall pay a penalty of Twenty-five Dollars ($25) for each day a worker is employed in violation of these provisions.

4.13 Examination and Audit

Notwithstanding any other provision of law, every contract involving the expenditure of public funds in excess of Ten Thousand Dollars ($10,000) entered into by any State agency, board, commission, or department, or by any other public entity, including a City, County, or District, shall be subject to the examination and audit of the State Auditor, at the request of the public entity or as part of any audit of the public entity, for a period of three (3) years after final payment under the contract. Contractor shall also be subject to examination and audit for the same time period.

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SECTION 5 – WATER AND DUST CONTROL

5.1 Water

Water, if obtained from a City fire hydrant, shall be metered and paid for at the rates set forth in Section 6-6.15 of the Yuba City Municipal Code. A service charge and deposit will be required for each meter installation required for said metering. The Contractor shall not leave any hose attached to a fire hydrant except when actually drawing water therefrom and shall keep hydrants clear for possible use by the Fire Department.

5.2 Dust Control

Dust control measures shall be taken in conformance to Section 10-5 of the Standard Specifications. Contractor shall water the construction site at sufficient intervals to preclude the nuisance of dust caused by the Contractor’s operations and/or wind and traffic, at no additional compensation.

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SECTION 6 – PROGRESS OF THE WORK, LIQUIDATED DAMAGES, AND CONTRACT TIME

6.1 Prosecution of Work

The City will issue a Notice to Proceed to the Contractor within five (5) business days after the contracts have been fully executed. The Contractor shall diligently prosecute the work to completion before expiration of the number of working days provided herein.

The Contractor shall prioritize providing submittals for and ordering long-lead (4+ weeks) items, to prevent delays in controlling activities.

6.2 Liquidated Damages

Should the Contractor fail to complete all work under the contract within the time provided therefor, he shall pay to the City the sum of Two Thousand Dollars ($2,000) for each calendar day delay in finishing the work beyond such contract period, all in accordance with Section 8-1.10 of the Standard Specifications. The City may deduct such payment from the amounts due the Contractor under the contract.

6.3 Time for Completion

All work under this contract shall be completed within a maximum of thirty (30) working days from the date stated in the Notice to Proceed as the date to start work.

6.4 Extension of Contract Time

If the Contractor finds it impossible, for reasons beyond his control, to complete the work within the contract time as specified or as extended in accordance with the provisions of this subsection, he may, at any time prior to the expiration of the contract time, as extended, make a written request to the Engineer for an extension of time, setting forth therein the complete facts which he believes will justify the granting of such request.

The Contractor’s pleas that insufficient time was originally specified shall not constitute a valid reason for extension of contract time. If the Engineer determines that the prosecution of the work was delayed or hampered by conditions beyond the control and without the fault of the Contractor, he may extend the time for completion in such amount as conditions may justify. Such extended time for completion shall then be in full force and effect the same as though it were the original time for completion.

Suspension of work by the Engineer, or extension of the contract time, shall not constitute grounds for any claims by the Contractor for damages or extra compensation, but the period of such suspensions or extensions shall be taken into consideration in determining the time for completion, as herein provided. When final acceptance has been duly made by the Engineer, as prescribed in Section 3.5, the daily time charge will cease.

Any dispute hereunder shall be considered pursuant to the Standard Specifications, and the Contractor shall give immediate notice to the Engineer, along with all pertinent facts relative to such dispute.

City will not count working days against Contractor if the controlling activity is delayed due to materials and/or equipment having long lead times. Though, Contractor shall prioritize providing submittals for items with extended lead times.

6.5 Right-of-Way Delays

Subsection not used in this contract.

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6.6 Force Account Payment

The added markup of Labor, Materials, and Equipment Rental as listed in Sections 9-1.04B, “Labor,” 9-1.04C, “Materials,” and 9-1.04D, “Equipment Rental,” are amended as follows:

To the total of the direct costs there will be added a markup of 15 percent to the cost of labor, 12 percent to the cost of materials and 12 percent to the equipment rental.

6.7 Pre-construction Conference

Prior to the issuance of the Notice to Proceed, a pre-construction conference will be held at the office of the Director of Public Works for the purpose of discussing with the Contractor the scope of work, contract drawings, specifications, existing conditions, materials to be ordered, equipment to be used, and all essential matters pertaining to the prosecution and the satisfactory completion of the project as required. The Contractor shall provide the following items at the pre-construction conference:

• Schedule

• Jobsite Photographs

The Contractor’s representatives at this conference shall include all major superintendents for the work and may include major subcontractors.

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SECTION 7 – PAYMENT

7.1 General

Paym…