Bid Notice.pdf

BID PROPOSAL and

SPECIFICATIONS FOR:

HWY 99 Widening Utility Relocations at Paige

CITY OF TULARE, CALIFORNIA

PROJECT NO: EN0105

RFB: 27-009

BID OPENING DATE: November 12, 2026

CONTACT PERSON:

Dylan Chimienti, Sr. Project Manager

411 East Kern Avenue

Tulare, CA 93274-4257

(559) 684-4267 – (559) 685-5631 Fax

CONTRACT DOCUMENTS

FOR

HWY 99 Widening Utility

Relocations at Paige

PROJECT

PROJECT No. EN0105

CITY OF TULARE

TULARE COUNTY, CALIFORNIA

October 2026

Michael Winton, City Engineer Date

10/9/2026

PROJECT NO. EN0105 – HWY 99 Widening Utility Relocation at Paige TABLE OF CONTENTS i

Table of Contents

NOTICE INVITING BIDS

BIDDING DOCUMENT SUBMITTAL REQUIREMENTS

GENERAL PROVISIONS

Section 1: Definition of Terms

Section 2: Bidding Requirements

Section 3: Contract – Award and Execution

Section 4: Contract – Administration

Section 5: Scope of Work

Section 6: Control of Work

Section 7: Control of Materials

Section 8: Legal Relations and Responsibilities To The Public

Section 9: Prosecution and Progress

Section 10: Measurement and Payment

Section 11: Worker’s Compensation Insurance

Section 12: Suspension or Termination of The Work

Section 13: Claims and Disputes

Section 14: Miscellaneous Provisions

Section 15: Construction Services Contract

SPECIAL PROVISIONS

Section 1000: Drawings and Standards

Section 1100: General Contract Provisions

Section 1200: Permits

Section 1300: Subcontracting

Section 1400: Contract Bonds

Section 1500: Progress of Work

Section 1600: Work Schedule

Section 1700: Wages and Payment

Section 1800: Intent of Plans and Specifications

Section 1900: Changes

Section 2000: Cooperation By Contractor

Section 2100: Private and Public Property

Section 2200: Utilities ii

Section 2300: Dust Control

Section 2400: Construction Water

Section 2500: Compaction Tests

Section 2600: City Business License And Required Tax Documents

Section 2700: “OR EQUAL” Clause

Section 2800: Equal Employment Opportunity

Section 2900: Local Tax Matters

Section 3000: Submittals

Section 3100: Liquidated Damages

Section 3300: Clearing and Grubbing

Section 3400: Salvage and Disposal Of Materials

Section 3500: Grind and Remove Existing Asphalt Concrete

Section 3600: Saw-Cut

Section 3700: Temporary Removals and Reinstallations

Section 3800: Existing Conditions

Section 3900: Roadway Excavation

Section 4000: Trench Bedding

Section 4100: Existing Utilities and Survey Monuments

Section 4200: Surveying

Section 4300: Protection of Historical and Archaeological Resources

Section 4400: Internet Based Construction Management System (CMIS)

BID ITEM DESCRIPTIONS

CITY OF TULARE TECHNICAL SPECIFICATIONS

No. 9 Roadway Excavation

No. 12 Aggregate Base

No. 14 Concrete Curbs, Drive Approaches, Sidewalks, & Cross Gutters

No. 15 Concrete Removal

No. 16 Water Mains

No. 17 Sanitary Sewers

No. 18 Manholes

No. 21 Drop Inlets

No. 22 Storm Drains

No. 23 Traffic Control, Construction Signs, and Street Closures

No. 36 Traffic Striping and Pavement Markings

TECHNICAL SPECIFICATIONS

iii

01 57 23 Storm Water Pollution Prevention Plan

03 35 33 Stamped & Colored Concrete

32 11 33 Full Depth Reclamation

32 12 16 Hot Mix Asphalt Paving

32 17 25 Detectable Warning Tactile Surface

33 05 22 Directional Drilling

33 05 40 Pneumatic Piercing

MISCELLANEOUS FORMS

A. Clean Air and Water Pollution Control Certification B. Debarment and Suspension Certification C. Prevailing Wages Certificate D. Guarantee E. Notice to Residents F. Non-Collusion Affidavit …………………………………………………………………………..

G. Workers’ Compensation Insurance Certificate ………………………………………………..

H. Equal Employment Opportunity Compliance Certificate ……………………………………..

BID PROPOSAL

BIDDER’S LIST OF SUBCONTRACTORS

REFERENCES FOR CONSTRUCTION PROJECTS COMPLETED

BIDDER’S BOND TO ACCOMPANY BID

PROJECT NO. EN0105 – HWY 99 Widening Utility Relocation at Paige SUBMITTAL REQUIREMENTS Page 5 of 284

NOTICE INVITING BIDS

CITY OF TULARE, CALIFORNIA

ENGINEERING DEPARTMENT

Project Name: HWY 99 Widening Utility Relocation at Paige

Project Number: EN0105

Complete, signed, and sealed bid proposals for the work shown upon the construction documents titled:

RFB 27-009

CITY OF TULARE, CALIFORNIA

HWY 99 Widening Utility Relocation at Paige Project

Bids will be received at the Office of the City Clerk of the City of Tulare, 411 East Kern Avenue, Tulare, California 93274, until 2:00 P.M. on Thursday, November 12, 2026, at which time they will be publicly opened and read aloud. Sealed bid proposals shall clearly identify the name of the project along with the Bidder’s company name, bid opening date, and “SEALED BID” on the outside of the envelope.

Bid proposals are required for the entire work described herein. No bid proposal will be received unless it is made on a proposal form included in the Bid/Contract Document titled:

CITY OF TULARE, CALIFORNIA HWY 99 Widening Utility Relocation at Paige Project

General Work Description: The work to be done consists of installing 12-inch DR-14 water main, including tie-ins to the existing water main at two locations; installing a steel casing by jack-and-bore methods within Caltrans right-of-way, including construction and restoration of the jacking and receiving pits and installation of the 12-inch water main within the casing;

installing blowoff valve assemblies; constructing the canal crossing, including concrete protection pads and thrust blocks; plug paving; reconstructing portions of alley vee gutter;

replacing existing chain-link fence and mow strip at several locations; replacing alley pavement; abandoning an existing sewer manhole in place with a reinforced concrete cap;

and installing a new sewer manhole.

Plan Holder: To be considered a plan holder and to receive any Addendums or other pertinent information, bidders must register at the office of Peters Engineering Group. Bidders must be registered on the plan holders list for their bid to be considered responsive. Plan holder names may be obtained from Peters Engineering Group (559) 299-1544.

Documents: Construction documents including the plans, Bid/Contract Documents can be obtained at the office of Peters Engineering Group, 862 Pollasky, Clovis CA 93612. A non-refundable fee of $70.00 per set will be charged. An additional fee of $15.00 will be charged for sets mailed to perspective bidders.

An unbound set of construction documents, including plans and Bid/Contract Documents are available for download at the Bidnet Direct website:

https://www.bidnetdirect.com/california/cityoftulare.

SUBMITTAL REQUIREMENTS Page 6 of 284

Bid Security, Bonds, and Insurance: Pursuant to California Public Contract Code Section 20170, each bid proposal must be accompanied by cash, certified or cashier's check, or bidder's bond, made payable to the City of Tulare for an amount equal to at least ten (10%) of the amount of the proposal, such guarantee to be forfeited should the bidder to whom the contract is awarded fails to enter into a contract.

The successful bidder shall furnish the payment bond, performance bond, a maintenance/warranty bond, workers compensation certificate, and all other insurance requirements identified in the Bid/Contract Document.

Award of Contract: All proposals will be compared on the basis of the Engineer’s Estimate of the work to be done and the Engineer’s evaluation of bidder’s performance on prior public works construction projects as cited by bidder in the bid proposal.

All bidders are invited to attend the bid opening. The results of the bid opening will be reported to the City Council (and/or Board of Public Utilities) of the City of Tulare at a regularly scheduled City Council or Board meeting. The contract will be awarded in the manner and within the time periods provided in Bid/Contract Document and as amended by the project Special Provisions and/or any Addenda.

The right is reserved by the City of Tulare to reject any and all bids, to waive any informality in the bids received, and to evaluate the bids submitted and to award the contract according to the proposal which best serves the interest of said City.

Contractor Licenses: Pursuant to California Public Contract Code Section 3300, the Contractor shall possess a valid California Contractor’s Class A, General Engineering License at the time this contract is awarded and shall maintain a current and valid license throughout the duration of the project. Failure to possess the specified license(s) at the time the bid is submitted shall render the bid non-responsive.

City Business Licenses: The Contractor and all subcontractors listed in the Bid/Contract Document shall have a valid City of Tulare Business License at the time the contract is awarded.

Time of Completion: Contractor shall complete all work contained in the construction documents within 60 working days.

Engineer’s Estimate: The probable construction cost is estimated to be: $900,000.

Non-Mandatory Pre-Bid Meeting: A non-mandatory pre-bid meeting will be held on Thursday, October 29, 2026, at 10:00 AM to entertain questions and to provide general project information. The meeting will be held at – Tulare City Hall City Managers Conference Room, 411 E. Kern Ave. Tulare, California, 93274.

Non-Discrimination: The City of Tulare affirms that in any contract entered into pursuant to this advertisement, that it will affirmatively insure that in any contract entered into pursuant to this advertisement, Disadvantaged Business Enterprise, Minority Business Enterprise, and Women-Owned Business Enterprise 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, religious creed, sex, or national origin in consideration for an award.

This project is subject to State contract nondiscrimination and compliance requirements pursuant to Government Code, Section 12990.

SUBMITTAL REQUIREMENTS Page 7 of 284

Prevailing Wage Rates: Pursuant to Section 1770 through 1780 inclusive of the California Labor Code, the general prevailing wage rates in Tulare County, in which the work is to be done, have been determined by the Director of the California Department of Industrial Relations. These wage rates are set forth in the General Prevailing Wage Rates for this project, available at the City of Tulare and available from the California Department of Industrial Relations' Internet web site:

http://www.dir.ca.gov/DLSR/PWD

Department of Industrial Relations (DIR) Registration: The Prime Contractor and Subcontractors (as listed in the Statement of Subcontractor’s Form) shall be registered and shall provide proof of current registration at the time of Bid.

The Project is subject to compliance with monitoring and enforcement by the Department of Industrial Relations (California Labor Code Section 1771.4).

Conflict of Interest: In the procurement of supplies, equipment, construction, and services by sub-recipients, the conflict of interest provisions in 24 CFR 85.36, OMB Circular A-110, and 24 CFR 570.611 shall apply. No employee, officer, or agent of the sub-recipient shall participate in the selection, award, or administration of a contract supported by federal funds if a conflict of interest, real or apparent, would be involved.

Project Administration: Inquiries regarding the plans, specifications, or estimate must be communicated as a bidder inquiry in writing by 5:00 PM on Thursday, November 5, 2026.

Any such inquiries or questions submitted after this deadline will not be responded to and will not be grounds for a bid protest. Inquiries and questions shall be address to:

Dylan Chimienti, Sr. Project Manager 411 East Kern Avenue, Tulare, CA 93274 dchimienti@tulare.ca.gov

Oral explanations or interpretations of plans and specifications are not binding. Any explanation, interpretation, or clarification of plans and specifications will be in the form of a written addendum to the plans and specifications issued to plan holders of record.

CITY COUNCIL OF THE

MICHAEL WINTON

CITY ENGINEER

DATE: October 5, 2026 Publish: October 13, 2026

October 20, 2026

SUBMITTAL REQUIREMENTS Page 8 of 284

BIDDING DOCUMENT SUBMITTAL REQUIREMENTS

CITY OF TULARE, CALIFORNIA HWY 99 Widening Utility Relocation at Paige Project

The following documents shall be submitted as part of the Bid Package:

1) Non-collusion Affidavit

2) Clean Air and Water Pollution Control Certification

3) Debarment and Suspension Certificate

4) Guarantee

5) Workers’ Compensation Insurance Certificate

6) Equal Employment Opportunity Compliance Certificate

7) Prevailing Wages Certificate

8) Bid Proposal

9) Bid Schedule

10) Bidder’s List of Subcontractors

11) References for Construction Projects Completed

12) Bidder’s Bond to Accompany Bid

SUBMITTAL REQUIREMENTS Page 9 of 284

(This Page Intentionally Left Blank)

GENERAL PROVISIONS Page 7 of 284

GENERAL PROVISIONS

SECTION 1: DEFINITION OF TERMS

1.1 Terms: Wherever used in the General Provisions, or in the other Construction Documents, the following terms have the meanings indicated, applicable both to gender (he/she, his/hers, him/her) and both to the singular and plural forms thereof:

AASHTO: Latest revised specifications of the American Association of State Highway and Transportation Officials.

Acceptance of Work: Date the Notice of Completion is recorded at the Office of the County Recorder, Tulare County, California.

Addenda: Written interpretation or revisions to any of the construction documents issued by the City before the bid opening.

ASTM: Latest revised specifications of the American Society for Testing Materials.

Amendment: Written or graphic instrument issued which clarifies, corrects or changes the solicitation.

Architect/Engineer: The person licensed to practice Architecture/Engineering by the State of California and who is identified as the Architect/Engineer of Record by affixing his/her seal upon the Construction Documents.

Bid Document: The document containing the General Conditions, Special Provisions, Technical Specifications, bid documents, blank contract, and forms required to bid the Project.

Bonds: Bid, performance, payment, and maintenance bonds as well as any other instruments of security.

Change Order: A document approved by the City Contract Representative and which is signed by the Contractor and the City Manager or his/her duly authorized designee and authorizes an addition, deletion, or revision to the Work, or an adjustment in the Contract Price, Completion time, issued on or after the effective date of the Contract.

City: The City of Tulare, California, a Municipal Corporation and Charter City.

City Contract Representative: The City official administering the Contract for the City of Tulare under authority of the City Engineer.

Completion Time: The number of working days agreed to by the City and Contractor for completion of the Work, which may be revised by written Change Order.

Construction: The process of building, altering, repairing, improving or demolishing any public structure or building or other public improvements of any kind to any real property.

Construction Documents: The documents including construction plans; the Bid/Contract document including bid forms, the Contract, addendums, bonds and insurance, and

GENERAL PROVISIONS Page 8 of 284 required forms; and approved Change Orders required to bid and construct the Project.

Contract: General Terms and Conditions, the written included/attached Construction Services Agreement and all associated Attachments, Drawings, Amendments and Change Orders executed between the City and the Contractor covering the Work to be performed.

Contract Document: The document containing the General Conditions, Special Provisions, Technical Specifications, executed Contract, Addendums, and forms required to construct the Project.

Contract Price: The amount payable by the City to the Contractor for satisfactory completion of the Work, and as specified in the Contract as may be amended by written Change Order.

Contractor: Person, firm, or corporation, duly licensed to complete the Work, specifically identified in the Contract as a party thereto with whom the City has contracted for Construction services herein.

Department: Engineering Department of the City of Tulare.

Drawings: The graphic and pictorial portions of the contract, wherever located and whenever issued, showing the configuration, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams.

Engineer: City Engineer of the City of Tulare acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them.

Field Order: Written order or directive issued by the City Contract Representative that orders non-substantial changes in the Work.

Final Completion Date: The calendar date upon which the Work is deemed one hundred percent (100%) complete, as determined by the City.

Laboratory: Designated laboratory authorized by the City of Tulare, to test materials and work involved in the contract.

Liquidated Damages: A sum set forth in the Contract documents to be deducted from any monies due the Contractor, not as a penalty, but in lieu of actual damages for late completion of the work and/or as otherwise outlined in the Contract and allowable by law.

Notice to Proceed: A written notice given by the City to the Contractor fixing the date on which the Completion time will commence and upon which the Contractor shall start to perform the Contractor's obligations under the Contract, unless otherwise specified in the Construction Services Contract in General Provisions, Section 15.

Public Inspector(s): The person or persons provided by the public authorities having code jurisdiction and who perform day-to-day inspections of the Work for compliance with applicable codes, statutes, rules, and regulations.

GENERAL PROVISIONS Page 9 of 284

Schedule of Values: A schedule submitted by Contractor setting forth the values allocated to various portions of the Work, prepared in such form and supported by such data to substantiate its accuracy as the City Contract Representative may require. This schedule must be approved by the Engineer before the Contractor submits its first application for progress payment and shall be used as a basis for reviewing and approving payments to the Contractor.

Shop Drawings: Drawings, diagrams, illustrations, schedules, and other data specifically prepared by or for the Contractor to illustrate, in detail, how specific portions of the Work shall be fabricated and/or installed, and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams, and other information prepared by a supplier and submitted by Contractor to illustrate material or equipment for some portion of the Work.

Specifications: Those portions of the Contract, Notice to Proceed, or Change Order(s), consisting of written technical descriptions of materials, equipment, construction systems, standards, and workmanship as applied to the Work and certain administrative details applicable thereto.

State: State of California

State Standard Plans: The State of California, California State Transportation Agency, Department of Transportation (Caltrans) Standard Plans, 2018 Edition (unless noted otherwise).

State Standard Specifications: The State of California, California State Transportation Agency, Department of Transportation (Caltrans) Standard Specifications, 2018 Edition (unless noted otherwise).

Substantial Completion: A written declaration of the date upon which the City, in its sole discretion, determines the Work is substantially complete such that the City has beneficial use and/or occupancy. Upon substantial completion, the right of the City to assess liquidated damages for time after the date of substantial completion ceases, except as allowed for failure to meet final completion within the time specified in the Construction Services Agreement.

Tulare Municipal Code/City Charter: In addition to applicable State statutes, the Municipal Ordinance(s), and City Charter that govern the construction services contracting and contract administration processes, including the resolution of contract claims, disputes, and controversies.

The Work (Work): The entire completed construction, or the various separately identifiable parts thereof, required to be furnished under the Contract, or, in the case of a job-order contract, within individual Notices to Proceed. Work is the result of performing services, furnishing labor, furnishing and incorporating materials and equipment into the construction, all as required by the Contract and/or Notice to Proceed, as appropriate.

1.2 Other Terms: Other terms appearing in the Bid/Contract Document, Standard

Specifications, the General Provisions, and the Special Provisions shall have the intent and meaning specified in Section 1, “Definition of Terms” of the State Standard Specifications.

GENERAL PROVISIONS Page 10 of 284

SECTION 2: BIDDING REQUIREMENTS

2.1 Examination of Plans, Specifications, and Site of Work: The bidder shall examine carefully the site of the work contemplated, the Plans, Bid/Contract Document, Special Provisions, Specifications, the Proposal, and Contract forms herein. The submission of a bid shall be conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and scope of work to be performed, the quantities of materials to be furnished, and as to the requirements of the Proposal, Plans, Specifications, and the Contract.

Contractor shall field verify the information shown on the Plans and shall notify the Engineer of any discrepancies forty-eight (48) hours prior to commencing any work.

The Contractor must examine, at Contractor’s own risk and expense, the location of all surface and subsurface structures of all character, which may require alterations in the progress of the Work. On Contractor’s own behalf and at Contractor’s own expense the Contractor shall make all necessary arrangements for identifying interference with existing public and private utilities structures and at Contractor’s own risk and expense make the necessary alterations of such structures as required for the progress of the work. The Contractor shall give due and reasonable notice to public utilities in such a manner as to cause the least amount of inconvenience and expense.

Contractor shall field verify the location and depth of existing pipelines or utilities being crossed by the work, or which may otherwise be in conflict with the work, including in conflict with new street section improvements, PRIOR to beginning any construction activities and notify the Engineer of any discrepancies or conflicts.

2.2 Bid Form: All bids must be made upon blank forms to be obtained from the City. All bids must give the prices proposed, both in writing and figures, and must be signed by the bidder, with bidder’s address. If an individual makes the bid then the individual’s name and post office address must be shown. If made by a firm or partnership, the name and post office address of each member of the firm or partnership must be shown. If made by a corporation, the proposal must show the name of the state under the laws of which the corporation was chartered and the names, titles and business addresses of the president, secretary, and treasurer.

2.3 Required Listing of Subcontractors: On the Subcontractor List form, list each subcontractor to perform work in an amount in excess of 1/2 of 1 percent (0.5%) of the total bid or $10,000, whichever is greater (CA Pubic Contract Code, § 4100 et seq.).

For each subcontractor listed, the Subcontractor List form must show:

1. Business name and the location of its place of business.

2. California contractor license number for a non-federal-aid contract.

3. Public works contractor registration number.

4. Portion of work it will perform. Show the portion of the work by:

4.1. Bid item numbers for the subcontracted work

GENERAL PROVISIONS Page 11 of 284

4.2. Percentage of the subcontracted work for each bid item listed

4.3. Description of the subcontracted work if the percentage of the bid item listed is less than 100 percent

2.4 Bidder's Guarantee: All bids shall be presented under sealed cover and shall be accom-panied by cash, cashier's check, certified check, or bidder's bond, made payable to the City of Tulare, for an amount equal to at least ten percent (10%) of the amount of said bid, and no bid shall be considered unless such cash, cashier's check, certified check, or bidder's bond is enclosed therewith.

2.5 Submission of Bids: Bids will only be accepted if submitted prior to the time reflected on the City’s official Bid Clock.

2.6 Withdrawal of Bids: Any bid may be withdrawn at any time prior to the time fixed in the public notice for the bid opening only by filing written request for the withdrawal with the City Clerk. The request shall be executed by the bidder or his representative. The withdrawal of a bid prior to the bid opening does not prejudice the right of the bidder to file a new bid. No bids may be withdrawn after the time fixed in the public notice for opening of bids.

2.7 Rejection of Bids: Any bid may be rejected by the City of Tulare City Council or City of Tulare Board of Public Utilities if they show any alterations of form, additions not called for, conditional or alternative bids, incomplete bids, erasures or irregularities of any kind.

The City may reject a bid proposal as non-responsive if the unit prices are unbalanced in such a way as to create reasonable doubt that the unbalanced bid would result in the lowest ultimate cost to the City or front loaded in such a way that it would result in the City paying more than the value of the work delivered by the contractor at the time payment applications are submitted, in violation of Public Contract Code 9203.

Bidders shall not submit a bid that is either mathematically unbalanced, containing lump sum or unit bid items that do not reasonably reflect the actual costs (plus reasonable profit, overhead costs, and other indirect costs) to construct the item, OR materially unbalanced, generating reasonable doubt that award to that bidder would result in the lowest ultimate cost to the City. An unbalanced bid is one in which one or more bid items is/are considered by the City to have been bid at an amount that is unreasonably high or unreasonably low.

The City may reject a bid proposal as non-responsive if the lump sum or unit prices are unbalanced in such a way as to create reasonable doubt that the unbalanced bid would result in the lowest ultimate cost to the City or front loaded in such a way that it would result in the City paying more than the value of the work delivered by the contractor at the time payment applications are submitted, in violation of Public Contract Code 9203.

THE RIGHT IS RESERVED BY THE CITY TO REJECT ANY AND ALL BIDS

GENERAL PROVISIONS Page 12 of 284

SECTION 3: CONTRACT – AWARD AND EXECUTION

3.1 The Contract: The documents in the Contract and its Attachments include the bid solicitation contents, bonds, insurance certificates, any amendments, drawings, and approved Contractor submittals.

The Contract comprises the entire agreement between the City and the Contractor concerning the Work and supersedes any prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by an instrument in writing and fully executed by the authorized parties to the Contract.

3.2 Intent of the Contract: The intent of the Contract is to include all labor, materials, equipment, transportation, and all other costs and expenses necessary for the proper execution and completion of the Work by the Contractor.

Notwithstanding anything in these General Provisions, full compensation for performing all work as shown, as specified, and as directed by the City is considered to be included in the various bid items, and no additional payment will be made.

The Contractor shall not take advantage of any apparent error or omission in the plans, estimated quantities or specifications. In the event Contractor discovers an error or omission after contract execution, the Contractor shall immediately notify the City Contract Representative. The City Contract Representative shall make any corrections necessary to fulfill the intent of the contract.

The Contract shall be construed in accordance with the laws of the State of California, the City of Tulare, and all laws regulating the construction of public works by the City, which are hereby incorporated by reference and made a part of the Contract as if fully set forth herein.

Materials or work described in words, which have a well- known technical or trade meaning, shall be held to refer to such recognized standards.

The organization of the Contract into divisions, sections or articles is solely for convenient reference and ease of review. Neither the headings nor divisions have any legal or contractual significance and shall not control division of the Work by the Contractor.

The Contractor shall include the cost of all reasonably anticipated utility fees, permits, licenses, etc. in each estimate or proposal submitted to City and hereby represents that all such costs have been included to the greatest extent feasible in any documents, projections, estimates, or proposals that formed the basis of negotiations and eventual execution of the Contract.

3.3 Award of Contract: The award of the contract, if it be awarded, shall be made to the responsive, responsible bidder meeting the specifications and requirements of the bid, having the lowest bid and satisfactory qualifications and performance record as determined by the City Contract Representative. Such award will be made within sixty

(60) days after the opening of proposals.

1. Cost Factors: lowest responsive, responsible bid.

2. Non-Cost Factors: the Bidder’s attention is directed to the “References for

GENERAL PROVISIONS Page 13 of 284

Construction Projects Completed,” contained in the Bid Proposal. The Bidder shall complete reference forms as directed. The City Contract Representative will check references and evaluate Bidder’s performance on these projects. The City Contract Representative’s evaluation of the Bidder’s performance on the projects will be used in the consideration of an award of a contract. The City Contract Representative’s evaluation will be based on factors including the following:

2.1. Completion of construction projects within prescribed time,

2.2. Experience in construction of projects of the same type of project for which the Bid Proposal is being submitted,

2.3. Contract Change Order history,

2.4. Ability to adhere to construction standards and requirement during the prosecution of work, and

2.5. Quality of workmanship and need to repair defective work.

3.4 Return of Bidder's Guaranties: Within ten (10) working days after the award of the contract, the City Clerk will return the bid guaranties accompanying the bids which are not to be considered in making the award. All other bid guaranties will be held until the contract has been finally executed, after which they will be returned to the respective bidders whose proposals they accompany.

3.5 Contract Bonds: The successful Contractor shall furnish two bonds required by California

Public Contract Code. Each of said bonds shall be executed in a sum equal to one hundred percent (100%) of the contract price. One of the said bonds shall guarantee the faithful performance of said contract by the Contractor; and the other bond shall secure the payment of claims for labor and materials. The Contractor shall also furnish a Maintenance Bond as specified in the Special Provisions. All contract bonds shall originate from a California “Admitted Surety Insurer” listed in the Federal Register. An “Admitted Surety Insurer” is defined pursuant to California Code of Civil Procedures, Section 995.120.

3.6 Execution of Contract: Execution of the Contract by the Contractor is a representation that the Contractor has thoroughly examined the Contract. The Contract shall be signed by the successful bidder and returned, together with the contract bonds, within ten (10) working days, after the bidder has received notice that the contract has been awarded. No proposal shall be considered binding upon the City until the execution of the contract.

Failure to execute a contract and file acceptable bonds as provided herein within ten (10) working days after the bidder has received notice that the contract has been awarded, shall be just cause for the annulment of the award and the forfeiture of the proposal guarantee.

SECTION 4: CONTRACT – ADMINISTRATION

4.1 Ownership of the Contract: The Construction Documents, including, but not limited to, the Contract, the drawings, and Bid/Contract Documents are the property of the City and

GENERAL PROVISIONS Page 14 of 284 are not to be used by the Contractor or any subcontractor on other projects outside the scope of the Work without the expressed written consent of the City.

4.2 Lines of Authority and Communications: The City Manager is the City official with overall authority and responsibility for the award and administration of City Contracts. The City Manager and/or his/her designated representative, after consultation with the City Contract Representative has the ultimate authority to resolve disputes concerning Contract performance and to stop the Work whenever that stoppage may be necessary to ensure the proper execution of the Work.

The City Contract Representative is the designated representative of the particular City department for which the Work is being constructed (the "user department") or the City department which is responsible for oversight of the work.

Day-to-day administration of the Contract is the responsibility of the City Contract Representative. The City Contract Representative shall act as surveillant and technical advisor for the City.

The Contractor shall supervise and direct the Work, shall be solely responsible for, and have control over, construction means, methods, techniques, sequences, procedures, and for coordinating all portions of the Work, unless the Contract gives contradictory specific instructions concerning these matters.

Except where the Contract otherwise provides or where direct communication has been specifically authorized, the Contractor shall communicate with the City Contract Representative regarding all matters relating to the Work and the Contract. Only upon unsuccessful communication or attempts at communication shall the Contractor communicate with the City Manager or his/her designee regarding the same.

SECTION 5: SCOPE OF WORK

5.1 Work to Be Done: The work to be done consists of obtaining all permits, paying all fees, and furnishing all labor, materials, methods and processes, implements, tools, and machinery except as otherwise specified which are necessary and required to construct and put in complete order for use in the work designated in the contract, and to leave the grounds in a neat condition.

5.2 Contract Prices: Bid prices submitted shall become contract prices with the execution by all parties of the Contract Document. The bidder shall include the entire cost of the Work in the bidder’s bid prices, and it is understood and agreed that there is included in such prices the cost of all permits, fees, labor, materials, equipment, and all incidental expense of whatever nature necessary to complete the work contemplated in the Construction Documents including but not limited to the plans, drawings, General Conditions, Special Provisions, and Technical Specifications and that no further payment will be made therefore, except where Change Order and/or force account work is authorized by the City Contract Representative.

5.3 Alterations: By mutual consent in writing of the parties signatory to the contract, altera-tions or deviations, increases or decreases, additions or omissions, in the plans and

GENERAL PROVISIONS Page 15 of 284 specifications may be made and the same shall in no way affect or make void the contract.

The City of Tulare reserves the right to increase or decrease the quantity of any item or portion of the Work, or to omit portions of the Work as may be deemed necessary or expedient by the City Contract Representative.

5.4 Extra Work and Force Account: The City Contract Representative may order extra work or make changes by altering, adding to, or deducting from the Work via Change Order.

Additionally, new and unforeseen work will be classed as extra work when such work cannot be covered by any of the various items or combination of items for which there is a bid price.

All Change Order work shall be performed under the same terms and conditions of the original description of the Work, except for any extension of completion times necessitated by said Change Order(s). Certified payrolls shall be submitted with each billing for extra work.

The value of any additional work ordered by the City shall be determined as follows:

a. By unit prices in the Construction Services Agreement or the Contract; or

b. By estimate and acceptance in a lump sum with supporting documentation; or

c. By a fixed fee with supporting documentation; or

d. By force account.

The Contractor shall do no extra work except upon written order from the City Contract Representative. For such extra work the Contractor shall receive payment as previously agreed upon in writing, or Contractor shall be paid on force account. In any emergency affecting the safety of persons or property, the Contractor shall act, at his discretion, to prevent threatened damage, injury or loss to life and/or property. The Contractor shall immediately notify the City Contract Representative of any work performed under this provision. Any additional compensation or extension of time claimed by the Contractor on account of emergency work shall be reviewed and determined as provided in this section.

If the work is done on force account, the Contractor shall receive actual cost of all materials furnished by him as shown by his paid vouchers plus fifteen percent (15%). However, the City reserves the right to furnish such materials required as it deems expedient and the Contractor shall have no claim for profit on the cost of such materials.

For all labor that is necessary, the Contractor shall receive the actual amount paid for labor including benefits as shown on certified payrolls or the current prices in the locality which shall have been previously determined and agreed to in writing by the Engineer and the Contractor, whichever is less, plus fifteen (15%) percent. The price paid for labor shall also include compensation insurance paid by the Contractor on the labor supplied as evidenced by a billing from the insurance carrier.

For all equipment that is necessary, Contractor shall receive the current prices in the locality which shall have been previously determined and agreed to in writing by the City Contract Representative and by the Contractor, plus fifteen percent (15%).

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The additional fifteen percent (15%) the Contractor shall receive on extra work for materials, labor and/or equipment includes the cost of bonds, insurance, overhead and profit for the work.

For work deleted from the contract, the Contractor shall provide an additional 15% credit on all materials, labor, and equipment. This shall not apply to the reduction of unit priced bid item quantities specifically identified in the contract Bid Schedule.

For all extra work performed by a subcontractor, the Contractor shall receive actual cost of the work plus five percent (5%). This additional five percent (5%) the Contractor shall receive includes the cost of bonds, insurance, overhead and profit for the work. Likewise, for subcontracted work deleted from the contract, the Contractor shall provide an additional 5% credit for all materials, labor, and equipment. This shall not apply to the reduction of unit priced bid item quantities specifically identified in the contract Bid Schedule.

All extra work and/or force account work shall be documented daily upon report sheets prepared by the City Contract Representative, furnished by the Contractor, and signed by both parties, which daily reports shall thereafter be considered the true record of extra work or force account work done.

Daily reports shall be submitted no later than the second working day following the work for labor and equipment involved and no later than the fifth working day for material invoices and specialized forces. Unless otherwise permitted by the City Contract Representative, no payment will be made for extra work on a force account basis if it has not been reported within the time and in the manner specified.

5.5 Substandard Work: The City may, in its sole discretion, determine the Work to be acceptable, but of diminished value rather than require removal, repair, or replacement of non-conforming work or materials. If the City elects this option, the Engineer shall issue a Change Order incorporating the necessary revisions in the Contract, including any appropriate reduction in the contract price. Any such Change Order does not require the signature or approval of the Contractor but does require the signature and approval of the City Manager or designee. Acceptance of non-conforming work shall not constitute a waiver on the City’s part relating to any portion of the Work other than that specifically identified in the Change Order.

5.6 Removal of Obstructions: The Contractor shall remove and dispose of all structures, debris, or other obstructions of any character to allow for the construction of the proposed Work, as required by the City Contract Representative.

5.7 Public Utilities: The Contractor shall contact Underground Service Alert (U.S.A.) at 811 prior to any excavation work

The Contractor shall cooperate with the public utility companies who may be engaged on related or adjacent work and Contractor shall so conduct operations so as not to interfere with such work, nor to injure or damage such work.

The locations in public streets of pipes, conduits, and other facilities as furnished by the public utility companies and by the City, are indicated on the plans. However, the City makes no representation as to the accuracy of said locations (horizontal and vertical), and

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Bidders are herewith instructed to apply to companies and City departments concerned, for any additional information which may be required.

The fact that any underground facility is not shown on the plans shall not relieve the Contractor of his responsibility in protecting such underground facilities from injury or damage. It shall be the Contractor's responsibility to ascertain the existence of any underground improvements or facilities which may be subject to damage by reason of his operations. The contractor shall notify Underground Service Alert (USA) a minimum of 48-hours prior to the start of work. Upon exposing any utility’s underground facility, the contractor shall notify that owner of that utility immediately.

5.8 Final Cleaning Up: Upon completion and before making application for acceptance of the work, the Contractor shall clean the facility, street or road, borrow pits, and all ground occupied by him in connection with the work, to the satisfaction of the property owner, of all rubbish, excess materials, temporary structures and equipment. All parts of the work shall be left in a neat and presentable condition.

5.9 As-Built Record: The Contractor shall keep an accurate record of horizontal and vertical alignment, type, or location of improvements on the approved plans by neatly marking the changes on a set of construction plans. Said plans shall be submitted to the City for review prior to project acceptance and shall become the property of the City, once approved. As-built (Record) plans shall be in good condition, free of tatters, soil marks, etc., when submitted for City review.

In the event the Contractor provided his own surveying to set vertical control and grade, then any changes to vertical elevations of improvements shall also be marked on the plans.

Full compensation for keeping this "as-built record" (Record Plans/Drawings) shall be included in the amount bid for mobilization, and no separate payment will be made therefor.

5.10 Maintenance: At Contractor’s own expense, the Contractor shall make all necessary repairs and replacements to remedy in a satisfactory manner any and all defects due to faulty materials or workmanship, or due to disturbance of or damage to City improvements by the Contractor's operations under the contract and contrary to the specifications, or due to any other failure to comply with the specifications, when such defects occur in any part of the Work done under the contract, or upon surface or underground improvements of the City such as pavements, curbs, gutters, driveway approaches, walks, tracks, poles, wires, walls, stairways, or other surface structures, underground utilities and underground structures provided that such defect or defects be detected within one (1) year following the date of acceptance of the work.

After receiving written notification by the City Contract Representative, should the Contractor fail to remedy promptly any such defect occurring as set forth above, or should the best interest of the City require an immediate remedy without delay incident of such notification, the City Contract Representative may cause such repairs, replacements, or any other remedy to be made, and the expense so incurred shall be chargeable to and shall be paid by the Contractor.

Nothing in this section shall be construed as a waiver, or impairment of any of the City's rights under the contract, or of any other recourse provided by law to correct defects.

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SECTION 6: CONTROL OF WORK

6.1 Responsibilities of the City Contract Representative: The City Contract Representative shall decide any and all questions which may arise as to the quality or acceptability of materials furnished and work performed, and as to the manner of performance and rate of progress of the work; all questions which arise as to the interpretation of the plans and specifications; all questions as to the acceptable fulfillment of the contract on the part of the Contractor, and all questions as to claims and compensation.

The City Contract Representative's decision shall be final and the City Contract Representative shall have executive authority to enforce and make effective such decisions and orders that the Contractor fails to carry out promptly.

Unless the Contractor is responsible for design of the Work, the City Contract Representative shall furnish to Contractor, free of charge, up to three (3) copies of the project plans, specifications, and available instructions. The City Contract Representative may furnish additional clarifications or interpretations, in writing or by drawings, as may be necessary for the proper progress of the Work. Such additional clarifications and interpretations shall be furnished with reasonable promptness, and the Contractor shall not do work without drawings or written clarifications, where needed. All drawings, specifications, and copies thereof, furnished by the City Contract Representative are City property. They are not to be used on other work and, with the exception of the signed Contract, are to be returned to the City Contract Representative at the completion of the Work.

The City Contract Representative shall engage in general surveillance of the Work. By making sufficient periodic visits to the site of the Work, the City Contract Representative shall become thoroughly familiar with the progress and quality of completed portions of the Work, and will assess if the Work is being performed in a manner indicating that the Work, when completed, will be in accordance with the Contract.

The City Contract Representative will decide all questions which may arise as to the quality and acceptability of materials furnished, work performed, rate of progress, and all questions which may arise as to the interpretation of the drawings and specifications.

The City Contract Representative shall have the authority to reject work that is not in conformity with the Contract and to order additional inspections and testing of the Work.

The City Contract Representative's failure to discover/reject materials or work not in accordance with the plans, specifications, or Contract Documents shall not be considered acceptance thereof or a waiver of any sort. Any failure of the City Contract Representative to properly perform inspections, tests, approvals, or other responsibilities under the Contract shall not relieve the Contractor from its contractual responsibilities or its obligation to perform and complete the Work in strict accordance with the Contract Documents.

The City Contract Representative shall conduct an initial review of written Change Orders submitted by the Contractor and approve or deny the same, in writing. The City Contract Representative may prepare Change Orders, provide field clarifications and connections.

All Change Orders shall be approved by the City Manager/designee prior to work being

GENERAL PROVISIONS Page 19 of 284 performed pursuant to the Change Orders. In the event of safety emergencies that may cause injury or loss of life to any person, or circumstances reasonably anticipated to cause damage to private or public property, the City Contract Representative may issue Change Orders necessary to avert, or mitigate to the greatest extent possible, any loss of life, injury, or property damage. Any Change Orders issued pursuant to this section shall be clearly labeled “Emergency Change Order” upon approval by City Contract Representative and Contractor may immediately begin work pursuant upon receipt of said order, without waiting for City Manager/designee approval.

The City Contract Representative, pursuant to Section 13 – “Claims and Disputes” of these General Provisions, shall make recommendations to the City Manager as to all claims of the Contractor.

The City…